Art. 3 Verdrag inzake luchtvervoer tussen het Koninkrijk der Nederlanden, ten behoeve van Curaçao, en de Portugese Republiek, Designation and operating authorization of airlines

Verdrag inzake luchtvervoer tussen het Koninkrijk der Nederlanden, ten behoeve van Curaçao, en de Portugese Republiek

1. Each Party shall have the right to designate in writing to the other Party, Airlines for the purpose of operating the Agreed Services on the Specified Routes in the Annex and to withdraw or alter such designations. Those designations shall be made in writing and shall be transmitted to the other Party through diplomatic channels.

2. Upon receipt of the notice of such designation, and of applications from a Designated Airline, in the form and manner prescribed for operating authorizations and technical permissions, the other Party shall grant to the Airline designated the appropriate operating authorizations and permissions with minimum procedure delay, provided that:

a) in the case of an Airline designated by the Portuguese Republic:

(i) the Airline is established in the Territory of the Portuguese Republic under the EU Treaties and has a valid Operating Licence in accordance with the law of the European Union; 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 the European Free Trade Association and/or by nationals of such States;

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

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

(ii) effective regulatory control of the Airline is exercised and maintained by Curaçao and Curaçao is 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 Curaçao and/or by its nationals;

c) the Designated Airline is qualified to meet the conditions prescribed under the legislation normally applied to the operation of International Air Services by the Party considering the application or applications.