- 1
- Each Contracting Party shall have the right, by written notification through diplomatic channels to the other Contracting Party, to designate one Airline for passenger/combination services and one (the same or an other) Airline for all-cargo services to operate International Air Services on the routes specified in Annex 2 and to substitute an other Airline for an Airline previously designated.
- 2
- On receipt of such a notification, each Contracting Party shall, without delay, grant to the Airline(s) so designated by the other Contracting Party the appropriate operating authorizations subject to the provisions of this Article, unless it is not satisfied that:
-
- a)in the case of the Airline designated by the Kingdom of the Netherlands:
- (i)it is established in the Territory of the Kingdom of the Netherlands under the Treaty on the European Union and the Treaty on the functioning of the European Union and has a valid Operating Licence in accordance with European Union law; and
- (ii)effective regulatory control of the Airline is exercised and maintained by the European Union Member State responsible for issuing its Air Operator Certificate and the relevant Aeronautical Authority is clearly identified in the designation, and
- (iii)the Airline is owned directly or through majority ownership, and it is effectively controlled by (a) European Union Member State(s) and/or Nationals of European Union Member State(s), and/or by (an) other State(s) listed in Annex 1 and/or Nationals of such other State (s).
- b)in the case of the Airline designated by the Republic of Mauritius:
- (i)it is established in the Territory of the Republic of Mauritius and has a valid Operating Licence in accordance with applicable law of the Republic of Mauritius; and
- (ii)effective regulatory control of the Airline is exercised and maintained by the Republic of Mauritius; and
- (iii)the Airline is owned directly or through majority ownership, and it is effectively controlled by the Republic of Mauritius and/or Nationals of the Republic of Mauritius. and that:
- c)the Government designating the Airline is maintaining and administering the standards set forth in Article 16 (Safety) and Article 17 (Aviation Security).
- d)the Designated Airline is qualified to meet the conditions prescribed under the laws and regulations normally applied to the operations of international air transportation by the Contracting Party considering the application or applications.
- 3
- Upon receipt of the operating authorization of paragraph 2 of this Article the Designated Airline(s) may at any time begin to operate the Agreed Services, in part or in whole, provided that it complies with the provisions of this Agreement.
