Art. 3 Verdrag tussen het Koninkrijk der Nederlanden en de Staat Koeweit inzake luchtdiensten tussen en via hun onderscheiden grondgebieden, Designation and Authorization

Verdrag tussen het Koninkrijk der Nederlanden en de Staat Koeweit inzake luchtdiensten tussen en via hun onderscheiden grondgebieden

1. Each Contracting Party shall have the right to designate in writing through diplomatic channels 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.

3. The Airline or Airlines designated by either Contracting Party may be required to satisfy the other Contracting Party that it is qualified to fulfil the conditions prescribed by the laws and regulations normally and reasonably applied by this Contracting Party to the operation of International Air Services in conformity with the provisions of the Convention.

4. Upon receipt of such designation the Aeronautical Authorities of the other Contracting Party shall grant the appropriate authorizations and permissions with minimum procedural delay, provided:

a) in the case of an Airline designated by the Government of the Kingdom of the Netherlands:

(i) the Airline is established in the Territory of the Kingdom of the Netherlands under the Treaty on European Union and has a valid Operating License in accordance with European Union law; and

(ii) effective regulatory control of the Airline is exercised and maintained by the Member State of the European Union 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 the Airline is effectively controlled by a Member State 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 Government of the State of Kuwait:

(i) the Airline is established in the Territory of the State of Kuwait and has a valid Operating License in accordance with Kuwaiti law; and

(ii) the State of Kuwait 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 the Airline is effectively controlled by the State of Kuwait and/or by its nationals.

5. 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 this Agreement.