Protocol

For the purposes of Articles 8 and 13 the place of effective management of the existing Koninklijke Luchtvaartmaatschappij N.V. (KLM N.V.) shall be deemed to be situated in the Netherlands, as long as the Netherlands has an exclusive taxing right with respect to KLM N.V. under the Agreement between the Government of the Kingdom of the Netherlands and the Government of the French Republic for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income and on capital (with Protocol); Paris, 16 March 1973, as amended by the Protocol of the 7th of April 2004.

The provision of paragraph 1 shall also apply in any situation where the air transport activities of the existing KLM N.V. would be continued fully or substantially by another person that is considered to be a resident of the Netherlands.

An individual living aboard a ship without any real domicile in either of the Contracting States shall be deemed to be a resident of the Contracting State in which the ship has its home harbour provided that the individual is liable to tax in that Contracting State.

Where:

paragraph 4 shall not apply, unless it is determined by mutual agreement between the competent authorities of the Contracting States that the main purpose or one of the main purposes of the transfer of the place of effective management was for bona fide commercial reasons.

It is understood that rights to the exploration and exploitation of natural resources shall be regarded as fixed assets located in the Contracting State to whose seabed — and subsoil thereof — these rights apply, and that these rights are regarded as assets of a permanent establishment in that State. Furthermore, it is understood that the aforementioned rights include rights to interests in, or benefits from assets that arise from, that exploration or exploitation.

Payments received as a consideration for technical services, including studies or surveys of a scientific, geological or technical nature, or for consultancy or supervisory services shall be deemed to be payments to which the provisions of Article 7, Article 14 or Article 23 apply.

Notwithstanding paragraph 2 of Article 10, the Contracting State of which the company is a resident shall not levy a tax on dividends paid by that company, if the beneficial owner of the dividends is a pension fund or a collective investment vehicle referred to in paragraph 2 of Article 4.

If after the date of signature of this Agreement in any Agreement for the avoidance of double taxation concluded by the Netherlands with a third State, the Netherlands would agree to a lower rate for dividends as provided in paragraph 2, subparagraph (b) of article 10, then the lower rate shall automatically apply to residents of Qatar from the moment the lower rate is effective for residents of that third State.

It is understood that income from shares received in connection with the (partial) liquidation of a company or a purchase of own shares by a company is treated as income from shares and not as capital gains. The preceding sentence shall not apply to the (partial) alienation or termination of a permanent establishment or fixed base in the other Contracting State.

IN WITNESS whereof the undersigned, being duly authorised thereto, have signed this Protocol.

DONE at The Hague this 24th day of April 2008, in duplicate in the Dutch, Arabic, and English languages, all texts being equally authentic. In case of any divergence the English text shall prevail.