- 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 an Airline is designated by the Kingdom of the Netherlands:
- (i)the Airline 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; or
- (iv)the Airline is already authorised to operate under a bilateral agreement between the Republic of Sudan and another Member State and the Republic of Sudan demonstrates that, by exercising traffic rights under this Agreement on a route that includes a point in that other EU Member State, it would be circumventing restrictions on traffic rights imposed by that other agreement; or
- (v)the Airline holds an Air Operators Certificate issued by an EU Member State and there is no bilateral Air Services agreement between the Republic of Sudan and that the EU Member State, and traffic rights to that EU Member State have been denied to the Airline designated by the Republic of Sudan.
- b)in the case an Airline is designated by the Republic of the Sudan, when:
- (i)the Airline is not established in the Territory of the Republic of the Sudan or has no valid operating licence in accordance with applicable law of the Republic of the Sudan; or
- (ii)effective regulatory control of the Airline is not exercised or not maintained by the Republic of the Sudan; or
- (iii)the Airline is not owned, directly or through majority ownership, or is not effectively controlled by the Republic of the Sudan and/or by nationals of the Republic of the Sudan.
- c)in case the Airline has failed to comply with the laws and regulations referred to in Article 13 (Application of Laws, Regulations and Procedures) of this Agreement;
- d)in case the other Contracting Party is not maintaining and administering the standards set forth in Article 15 (Safety) of this Agreement;
- 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 the conditions as referred to in 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.
- 3
- This Article does not limit the rights of either Contracting Party to withhold, revoke, limit or impose conditions on the operating authorization of an Airline or Airlines of the other Contracting Party in accordance with the provisions of Article 16 (Aviation Security) of this Agreement.
