EXCHANGE OF NOTES CONSTITUTING A TEMPORARY AIR ARRANGEMENT BETWEEN THE GOVERNMENT OF THE PHILIPPINES AND THE GOVERNMENT OF NETHERLANDS

Note: The Agreement entered into force, February 5, 1953.

Reference: This Agreement is also published in II DFA TS No. 1, p. 17 and 216

UNTS, p. 99.

I

NETHERLANDS LEGATION, MANILA

No. 5BP/905

March 15, 1952

Sir:

I beg to refer to the Honorable Undersecretary’s notes of December
5 and of December 10, 1951, Nos. 370.53, concerning landing rights at
Manila International Airport for K.L.M. Royal Dutch Airlines, .and have
the honor to inform Your Excellency that in recent months conversations
have taken place between representatives of the air navigation companies
of both our countries which have led to an understanding about the
desirability of an extension of the above mentioned landing rights.

This understanding reached with the Philippine national carrier
implies temporary limited commercial traffic rights for K.L.M. at Manila
on their routes: Europe/Philippines/Biak/Sydney and
Europe/Philippines/Tokyo to the following extent:

1.— Carriage of mail, passengers and cargo between Manila and Bangkok in either direction.

2.— Carriage of mail, passengers and cargo between Manila, Biak and Sydney in either direction.

3.—Carriage of diplomatic Netherlands Government mail and K.L.M.
Company material between the Netherlands and the Philippines and either
direction.

4.— Stopover privileges at Manila for passengers between Bangkok, Biak and Sydney in either direction.

5.—No stopover privileges at Manila for passengers not originating and/or terminating at Bangkok, Biak or Sydney.

6.—The granting of these limited commercial rights at Manila to be
limited to the temporary period of six (6) months and subject to
renewal by mutual agreement.

Awaiting the appropriate time for the conclusion of a complete and
mote liberal Air Agreement between the two respective Governments, I
take pleasure in soliciting Your Excellency’s kind intermediary to
approach the Philippine Civil Aeronautics Board to seek a favorable
consideration in the matter of the extension of the KL.M. landing rights
at Manila with the above quoted limitations.

On the other hand, I may confirm that the Netherlands Government
is prepared at any time during the duration of this arrangement to grant
to the Philippine national carrier commercial landing rights in the
Netherlands and on Netherlands territory.

I should highly appreciate to be informed by Your Excellency’s Department of the decision of the Authorities concerned.

I avail myself of this opportunity to renew to Your Excellency the assurances of my highest consideration.

Signed A. J D. STEENSTRA-TOUSSAINT
Netherlands Minister

H.E. Monsieur JOAQUIN M. ELIZALDE
Secretary of Foreign Affairs
Manila

II

Manila, May 31, 1952

Sir:

I refer to your note No. 5BP/905 dated March 35, 1952, relative to
the request of the K.L.M. Royal Dutch Airlines for a grant of temporary
limited traffic rights at Manila, under the terms and conditions and on
the routes therein specified.

In the consideration of the aforesaid request, it has been noted
that the specified routes are given in a general way and that
intermediate points other than those mentioned in Nos. 1 and 2 of
paragraph 2 of the note under reference, are not specified. Since the
Philippine Government may not consider the grant of traffic rights at
Manila in respect to points not mentioned in Nos. 1 and 2 it will be
appreciated if this Department can be furnished with information

as to the other points of landing aside from those mentioned in Nos. 1 and 2.

Accept, Sir, the renewed assurances of my high consideration.

(Signed) J. M. ELIZALDE
Secretary

The Honorable A. J. D. STEENSTRA-TOUSSAINT
Netherlands Minister
Manila

III

No. 5BP/1770

Manila, June 12th, 1952

Sir:

I beg to refer to Your Excellency’s note dated May 31st, 1952 No.
370.53, concerning traffic rights in Manila for K.L.M. Royal Dutch
Airlines. In order to clarify my original request of March 15th, 1952,
No. 5BP/905, copy of which is enclosed herewith, I take the liberty to
point out that for the time being these commercial rights are only
requested for traffic between Bangkok and Manila in either direction and
between Biak-Sydney and Manila in either direction, these segments
being sectors of the K.L.M. regular services;

a) Amsterdam—Frankfurt or Munchen—Beirut—Karachi—Bangkok—Manila— Biak—Sydney, vice versa;

b) Amsterdam—Frankfurt or Munchen—Beirut—Karachi—Calcutta—Bangkok— Manila—Tokyo, vice versa.

Additional rights might be requested at a later date, but not
before an understanding on the matter will be reached between the
national carriers of both our countries.

I avail myself of this opportunity to renew to Your Excellency the assurances of my highest consideration.

Netherlands Minister

H.E. Monsieur JOAQUIN M. ELIZALDE
Secretary of Foreign Affairs
Manila

IV

Manila, July 10, 1952

Sir:

I wish to refer to your notes Nos. 5BP/905 of March 15, 1952 and
5BP/ 1770 of June 12, 1952, and to previous exchange of correspondence
concerning your request for traffic rights at Manila for the K.L.M.
Royal Dutch Airlines and the understanding reached between the national
carriers of our two countries.

I am pleased to inform you that the Philippine Government agrees
to grant temporary limited traffic rights in Manila to the K.L.M. Royal
Dutch Airlines, subject to the following terms and conditions:

1. A service of not more than one frequency a week in either
direction on the following route: (a) Amsterdam—Frankfurt or
Munchen—Beirut—Karachi— Bangkok—Manila—Biak—Sydney with right to pick up
and set down mail, passengers and cargo originating from Manila and
destined for Bangkok, and vice versa only.

2. A service of not more than one frequency each week in either
direction on the following route: (b) Amsterdam—Frankfurt or
Munchen—Beirut—Karachi—Calcutta—Bangkok-—Manila—Tokyo, with right to
pick up and set down mail passengers, and cargo originating from Manila
and destined for Biak—Sydney, and vice versa, only.

3. Carriage of diplomatic Netherlands Government mail and K.L.M.
Company material is permitted between the Netherlands and the
Philippines in either direction.

4. The air service will be operated in accordance with the rules
and regulations promulgated by the Philippine Civil Aeronautics Board
and the Philippine Civil Aeronautics Administration, and the rates to be
charged shall be those approved by the Philippine Aeronautics Board.

5. The Philippine law and regulations as to the admission to or
departure from Philippine territory of passengers, crew or cargo, such
as those relating to entry, clearance, immigration, passports, customs,
and quarantine shall be complied with upon entrance into or departure
from, or while within Philippine territory.

6. The inclusion or exclusion of any particular provision in this
authority shall in no way prejudice the terms of any agreement that may
subsequently be negotiated between the two governments.

7. The authority granted hereunder shall remain in force for a
period of (3) months computed from the date of the first flight
constituting the commencement of the operation of the airlines extended
services as herein authorized on either of the two routes above
specified, subject to renewal by mutual agreement of the two
governments.

8. Pending the conclusion of a bilateral air agreement that may be
negotiated between the Governments of the Philippines and of the
Netherlands, the latter shall forthwith grant upon request of the former
such reciprocal rights as are granted hereunder on points to be
designated by the former.

If the terms and conditions set forth above are acceptable to the
Netherlands Government, the corresponding application for the necessary
permit to operate should be filed by the K.L.M. Royal Dutch Airlines
with the Philippine Civil Aeronautics Board together with a copy of this
exchange o£ notes.

Accept, Sir, the renewed assurances of my high consideration.

(Signed) J. M. ELIZALDE
Secretary

The Honorable A. J. D. STEENSTRA-TOUSSAINT
Netherlands Minister
Manila

NETHERLANDS LEGATION, MANILA

5BP/2903

September 26, 1952

Sir:

I beg to refer to Your Excellency’s note of July 10, 1952, whereby
the Philippine Government agreed to grant temporary limited traffic
rights in Manila to the K.L.M. (Royal Dutch Airlines) for a period of 3
months.

In view of the fact that this period of three months is bound to
expire on or about October 23rd next, and with reference to point 7 of
the abovementioned note, I have the honour to request on behalf of the
Netherlands Government the renewal of this authority for another period
of three months.

I avail myself of this opportunity to renew to Your Excellency the assurances of my highest consideration.

 

Netherlands Charge d’Affaires a.i.

H.E. Monsieur JOAQUIN M. ELIZALDE
Secretary of Foreign Affairs
Manila

VI

Manila, October 30, 3952

Sir:

I wish to order to my note dated July 10, 1952 containing the
terms and conditions under which the KX.M. (Royal Dutch Airlines) was
granted temporary limited traffic rights in Manila, and to inform you
that in pursuance of the understanding arrived at between the Legation
and this Department conditions Nos. 1 and 2 have been accordingly
amended so as to read as follows:

1. A service of not more than one frequency a week in either
direction on the following route: (

2. A service of not more than one frequency each week in either
direction on the following route: (b) Amsterdam—Frankfurt or
Munchen—Beirut—Karachi—Calcutta——Bangkok—Manila—Tokyo, with right to
pick up and set down mail, passengers, and cargo originating from
Manila and destined for Bangkok, and vice versa, only.

Accept, Sir, the renewed assurances of my high consideration.

(Signed) J.M. ELIZALDE
Secretary

DR. B. J. SLINGENBERG
Charge d’Affaires a.i.
Netherlands Legation
Manila

VII

NETHERLANDS LEGATION, MANILA

No. 46

Manila, January 5th. 1953

Excellency:

I herewith have the honour to refer to previous correspondence
regarding temporary limited traffic rights in Manila for K.L.M-. (Royal
Dutch Airlines).

Under the conditions of the present permit K.L.M. (Royal Dutch
Airlines) has the right to pick up and set down passengers, cargo and
mail originating from Manila and destined for Biak—Sydney in either
direction and originating from Manila and destined for Bangkok in either
direction respectively on the routes Amsterdam—Frankfurt or
Munich—Beirut—Karachi—Bangkok—Manila— Biak—Sydney in either direction
and Amsterdam—Frankfurt or Munich—Beirut
—Karachi—Calcutta—Bangkok—Manila—Tokyo.

For technical reasons K.L.M. temporarily suspended its
intermediate landings at Manila on the service from Amsterdam to Tokyo
in either direction.

However, a series of bi-weekly special flights is now operated between Amsterdam and Biak from January 5th, 1953.

It would be highly appreciated if through Your Excellency’s kind
intermediary the Philippine Civil Aeronautics Board could be approached
to seek a favourable consideration in the matter of the extension of the
K.L.M. landing rights at Manila with regard to the following stretches
of the route Amsterdam—Biak in either direction, to wit: Manila—Biak in
either direction and Manila—Bangkok in either direction.

I should highly appreciate to be informed by Your Excellency’s
Department at the earliest possible moment of the decision of the
Authorities concerned.

I avail myself of this opportunity to renew to Your Excellency the assurances of my highest consideration.

(Signed)DR. B. J. SUNGENBERG
Netherlands Charge d’Affaires a.i.

H.E. Monsieur JOAQUIN. ELIZALDE
Secretary of Foreign Affairs
Manila

VIII

Manila, February 5, 1953

Sir:

With reference to your note No. 46 of January 5, 1953, informing
that for technical reasons K.L.M. has temporarily suspended its
intermediate landings at Manila on the service from Amsterdam to Tokyo
in either direction, and requesting for an extension of the K.L.M.
landing rights at Manila with regard to the following stretches of the
route Amsterdam-Biak in either direction, to wit: Manila-Biak in either
direction and Manila-Bangkok in either direction, I am pleased to inform
you that the desired extension has been granted subject to the same
conditions laid down in the original agreement as amended.

Accept, Sir, the renewed assurances of my high consideration.

(Signed) FELINO NERI
Undersecretary

Mr. B. J. SLINGENBERG
Netherlands Charge d’Affaires, a.i.
Manila