Article I

Geldend

Documentgegevens:

Geldend vanaf 30-01-1945

Bronpublicatie:: 07-12-1944, Stb. 1946, G 252 (uitgifte: 11-10-1946, kamerstukken/regelingnummer: -)
Inwerkingtreding: 30-01-1945
Bronpublicatie inwerkingtreding:: 20-02-1954, Trb. 1954, 19 (uitgifte: 01-01-1954, kamerstukken/regelingnummer: -)
Vakgebied(en): Internationaal publiekrecht / Vrij verkeer
Vervoersrecht / Luchtvervoer

Section 1

Each contracting State grants to the other contracting States the following freedoms of the air in respect of scheduled international air services:

(1): The privilege to fly across its territory without landing;
(2): The privilege to land for non-traffic purposes.

The privileges of this section shall not be applicable with respect to airports utilized for military purposes to the exclusion of any scheduled international air services. In areas of active hostilities or of military occupation, and in time of war along the supply routes leading to such areas, the exercise of such privileges shall be subject to the approval of the competent military authorities.

Section 2

The exercise of the foregoing privileges shall be in accordance with the provisions of the Interim Agreement on International Civil Aviation and, when it comes into force, with the provisions of the Convention on International Civil Aviation, both drawn up at Chicago on December 7, 1944.

Section 3

A contracting State granting to the airlines of another contracting State the privilege to stop for non-traffic purposes may require such airlines to offer reasonable commercial service at the points at which such stops are made.

Such requirement shall not involve any discrimination between airlines operating on the same route, shall take into account the capacity of the aircraft, and shall be exercised in such a manner as not to prejudice the normal operations of the international air services concerned or the rights and obligations of a contracting State.

Section 4

Each contracting State may, subject to the provisions of this Agreement,

(1): Designate the route to be followed within its territory by any international air service and the airports which any such service may use;
(2): Impose or permit to be imposed on any such service just and reasonable charges for the use of such airports and other facilities; these charges shall not be higher than would be paid for the use of such airports and facilities by its national aircraft engaged in similar international services: provided that, upon representation by an interested contracting State, the charges imposed for the use of airports and other facilities shall be subjects to review by the Council of the International Civil Aviation Organization established under the above-mentioned Convention, which shall report and make recommendations thereon for the consideration of the State or States concerned.

Section 5

Each contracting State reserves the right to withhold or revoke a certificate or permit to an air transport enterprise of another State in any case where it is not satisfied that substantial ownership and effective control are vested in nationals of a contracting State, or in case of failure of such air transport enterprise to comply with the laws of the State over which it operates, or to perform its obligations under this Agreement.