- 1
- Each Contracting Party shall have the right to withhold, revoke, suspend or limit the operating authorizations of an Airline designated by the other Contracting Party, when:
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- a)in the case of an Airline designated by the Kingdom of the Netherlands:
- i.it is not established in the Territory of the Kingdom of the Netherlands under European Union Treaties or does not have a valid operating licence in accordance with European Union law; or
- ii.effective regulatory control of the Airline is not exercised or not maintained by the EU Member State responsible for issuing its Air Operator’s Certificate or the relevant Aeronautical Authority is not clearly identified in the designation; or
- iii.the Airline is not owned, directly or through majority ownership, or is not effectively controlled by Member States of the European Union or the European Free Trade Association and/or by nationals of such States;
- b)in the case of an Airline designated by the Republic of the Union of Myanmar:
- i.it is not established in the Territory of the Republic of the Union of Myanmar or has no valid operating licence in according with applicable law of the Republic of the Union of Myanmar; or
- ii.effective regulatory control of the Airline is not exercised or not maintained by the Republic of the Union of Myanmar; or
- iii.the Airline is not owned, directly or through majority ownership, or is not effectively controlled by the Republic of the Union of Myanmar and/or by nationals of such State;
- c)in case the Airline has failed to comply with the laws and regulations referred to in Article 16 (Application of Laws, Regulations and Procedures) of this Agreement;
- d)in any case the standards set forth in this Agreement, especially in Articles 18 (Safety) and 19 (Aviation Security) are not being maintained and administered;
- e)in the event of failure by such Airline to qualify before the Aeronautical Authorities of the Contracting Party assessing the authorization, under the laws and regulations normally and reasonably applied to the operation of International Air Services by these Authorities in conformity with the Convention;
- f)in case the Airline otherwise fails to operate in accordance with the conditions prescribed under this Agreement.
- 2
- Unless immediate action is essential to prevent further non-compliance with paragraph 1 of this Article, the rights established by this Article shall be exercised only after consultation with the other Contracting Party. Unless otherwise agreed by the Contracting Parties, such consultations shall begin within a period of sixty (60) days from the date of receipt of the request.
