Art. 3 Luchtvaartverdrag tussen de Regering van het Koninkrijk der Nederlanden, ten behoeve van Curaçao, en de Federale Regering van Oostenrijk, Designation and revocation

Luchtvaartverdrag tussen de Regering van het Koninkrijk der Nederlanden, ten behoeve van Curaçao, en de Federale Regering van Oostenrijk

1. Each Contracting Party shall have the right to designate in writing to the other Contracting Party an airline or airlines for the purpose of operating the agreed services on the specified routes and to withdraw the designation of any airline or to substitute another airline for one previously designated.

2. Such designation shall be effected by virtue of written notification between the aeronautical authorities of both Contracting Parties via the diplomatic channels.

3. The aeronautical authorities of one Contracting Party may require the airline designated by the other Contracting Party to prove that it is qualified to fulfill the conditions prescribed under the laws and regulations applied to the operation of international air services by the said authorities in conformity with the provisions of the Convention.

4. On receipt of such a designation the other Contracting Party shall grant the appropriate authorisations and permissions with minimum procedural delay, provided:

a) in the case of an airline designated by the Republic of Austria:

(i) it is established in the territory of the Republic of Austria under the EU Treaties 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’s 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 Member States of the European Union or States of the European Free Trade Association and/or by nationals of such states.

b) in the case of an airline designated by Curaçao:

(i) it is established in the territory of Curaçao and has a valid Operating Licence in accordance with the applicable law of Curaçao; and

(ii) Curaçao exercises and maintains effective regulatory control of the airline and is responsible for issuing its Air Operator’s Certificate; and

(iii) the airline is owned directly or through majority ownership and it is effectively controlled by Curaçao and/or by its nationals.

5. Either Contracting Party may revoke, suspend or limit the operating authorisation or technical permissions of an airline designated by the other Contracting Party where:

a) in the case of an airline designated by the Republic of Austria:

(i) it is not established in the territory of the Republic of Austria under the EU 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 European Union 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 it 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 Curaçao:

(i) it is not established in the territory of Curaçao or does not have a valid Operating Licence in accordance with the applicable law of Curaçao; or

(ii) effective regulatory control of the airline is not exercised or not maintained by Curaçao or Curaçao is not responsible for issuing its Air Operator’s Certificate; or

(iii) the airline is not owned directly or through majority ownership and it is not effectively controlled by Curaçao and/or by its nationals.

6. When an airline has been so designated and authorized in accordance with this Article, it may at any time begin to operate the agreed services, in accordance with the provisions of the present Agreement.