Common use of CAPACITY AND FAIR COMPETITION Clause in Contracts

CAPACITY AND FAIR COMPETITION. 1. Each Party shall allow fair and equal opportunity for the designated airlines of both Parties to operate the agreed services. 2. Each Party shall allow each designated airline to determine the frequency and capacity of the international air transportation it offers in accordance with the agreed services on the specified routes based upon commercial considerations in the marketplace. Consistent with this right, no Party shall act to limit the volume of traffic, frequency or regularity of service, or the aircraft type or types operated by the designated airlines of the other Parties, except as may be required for customs, technical, operational, or environmental reasons under uniform conditions consistent with Article 15 of the Convention. 3. Airlines designated by a Contracting Party may be required to submit their flight schedules for approval to the aeronautical authorities of the other Contracting Party at least thirty (30) days before the proposed date of their introduction. The same procedure shall apply to any modification thereof. In special cases this time may be reduced subject to the consent of the said authorities. 4. Neither Contracting Party shall allow its designated airline or airlines, either in conjunction with any other airline or airlines or separately to abuse market power in a way which has or is likely or intended to have the effect of severely weakening a competitor or excluding a competitor from a route. 5. Neither Contracting Party shall provide or permit State subsidy or support for or to its designated airline or airlines in such way that would adversely affect the fair and equal opportunity of the airlines of the other Contracting Party to compete in providing international air transportation. 6. Where a Contracting Party provides State subsidy or support to a designated airline in respect of services operated under this Agreement, it shall require that airline to identify the subsidy or support clearly and separately in its accounts. 7. If one Contracting Party has substantiated concerns that its designated airlines are being subjected to discrimination or unfair practices, or that a subsidy or support being considered or provided by the other Contracting Party would adversely affect or is adversely affecting the fair and equal opportunity of the airlines of the first Contracting Party to compete in providing international air transportation, the aeronautical authorities of that Contracting Party may request immediate consultations with the aeronautical authorities of the other Contracting Party. Such consultations shall start within thirty (30) days of receipt of such a request from either Contracting Party.

CAPACITY AND FAIR COMPETITION. 1. Each Contracting Party shall allow fair and equal opportunity for the designated airlines of both Contracting Parties to operate compete in providing the agreed servicesinternational air transport governed by this Agreement. 2. Each Contracting Party shall allow each designated airline to determine the frequency and capacity of the international air transportation transport it offers in accordance with the agreed services on the specified routes based upon commercial considerations in the marketplace. Consistent with this right, no neither Contracting Party shall act to unilaterally limit the volume of traffic, frequency or regularity of service, or the aircraft type or types operated by the airlines designated airlines of by the other PartiesContracting Party, except as may be required for customs, technical, operational, operational or environmental reasons under uniform conditions consistent with Article 15 of the Convention. 3. Airlines designated by a Contracting Party may be required to submit their flight schedules for approval to the aeronautical authorities of the other Contracting Party at least thirty (30) days before the proposed date of their introduction. The same procedure shall apply to any modification thereof. In special cases this time may be reduced subject to the consent of the said authorities. 4. Neither Contracting Party shall allow its designated airline or airlines, either in conjunction with any other airline or airlines or separately separately, to abuse market power in a way which has or is likely or intended to have the effect of severely weakening a competitor or excluding a competitor from a route. 5. Neither Contracting Party shall provide or permit State state subsidy or support for or to its designated airline or airlines in such way that would adversely affect the fair and equal opportunity of the airlines of the other Contracting Party to compete in providing international air transportation. 6. Where a Contracting Party provides State state subsidy or support to a designated airline in respect of services operated under this Agreement, it shall require that airline to identify the subsidy or support clearly and separately in its accounts. 7. If one Contracting Party has substantiated concerns that its designated airlines are being subjected to discrimination or unfair practices, or that a subsidy or support being considered or provided by the other Contracting Party would adversely affect or is adversely affecting the fair and equal opportunity of the airlines of the first Contracting Party to compete in providing international air transportation, the aeronautical authorities of that Contracting Party may request immediate consultations with the aeronautical authorities of the other Contracting Party. Such consultations shall start within thirty (30) days of receipt of such a request from either Contracting Party. Failure to reach a satisfactory agreement within thirty (30) days from the start of such consultations shall constitute grounds to suspend the exercise of the rights specified in Article 2 (Grant of Rights) of the present agreement by the airline designated by the other Contracting Party, or to revoke the operating authorization, or to impose such conditions as it may deem necessary on the exercise of these rights.

CAPACITY AND FAIR COMPETITION. 1. Each Contracting Party shall allow fair and equal opportunity for the designated airlines of both Contracting Parties to operate compete in providing the agreed servicesinternational air transport governed by this Agreement. 2. Each Contracting Party shall allow each designated airline to determine the frequency and capacity of the international air transportation transport it offers in accordance with the agreed services on the specified routes based upon commercial considerations in the marketplace. Consistent with this right, no neither Contracting Party shall act to unilaterally limit the volume of traffic, frequency or regularity of service, or the aircraft type or types operated by the airlines designated airlines of by the other PartiesContracting Party, except as may be required for customs, technical, operational, operational or environmental reasons under uniform conditions consistent with Article 15 of the Convention. 3. Airlines designated by a Contracting Party may be required to submit their flight schedules for approval to the aeronautical authorities of the other Contracting Party at least thirty forty five (3045) days before the proposed date of their introduction. The same procedure shall apply to any modification thereof. In special cases this time limit may be reduced subject to the consent of the said authorities. 4. Neither Contracting Party shall allow its designated airline or airlines, either in conjunction with any other airline or airlines or separately separately, to abuse market power in a way which has or is likely or intended to have the effect of severely weakening a competitor or excluding a competitor from a route. 5. Neither Contracting Party shall provide or permit State state subsidy or support for or to its designated airline or airlines in such way that would adversely affect the fair and equal opportunity of the airlines of the other Contracting Party to compete in providing international air transportation. 6. State subsidy or support means the provision of support on a discriminatory basis to a designated airline, directly or indirectly, by the state or by a public or private body designated or controlled by the state. Without limitation, it may include the setting-off of operational losses; the provision of capital, non-refundable grants or loans on privileged terms; the granting of financial advantages by forgoing profits or the recovery of sums due; the forgoing of a normal return on public funds used; tax exemptions; compensation for financial burdens imposed by the public authorities; or discriminatory access to airport facilities, fuels or other reasonable facilities necessary for the normal operation of air services. 7. Where a Contracting Party provides State state subsidy or support to a designated airline in respect of services operated under this Agreement, it shall require that airline to identify the subsidy or support clearly and separately in its accounts. 78. If one Contracting Party has substantiated concerns that its designated airlines are being subjected to discrimination or unfair practices, or that a subsidy or support being considered or provided by the other Contracting Party would adversely affect or is adversely affecting the fair and equal opportunity of the airlines of the first Contracting Party to compete in providing international air transportation, it shall have the aeronautical authorities right to suspend the exercise of that Contracting Party may request immediate consultations with the aeronautical authorities rights specified in Article 2 (Grant of rights) of the present Agreement by the airline designated by the other Contracting Party. Such consultations shall start within thirty (30) days , or to revoke the operating authorization, or to impose such conditions as it may deem necessary on the exercise of receipt of such a request from either Contracting Partythese rights.

CAPACITY AND FAIR COMPETITION. 1. Each Contracting Party shall allow a fair and equal opportunity for the designated airlines of both Contracting Parties to operate compete in providing the agreed servicesinternational air services covered by this Agreement. 2. Each Contracting Party shall allow each designated airline to determine the frequency and capacity of the international air transportation services it offers in accordance with the agreed services on the specified routes based upon commercial considerations in the marketplace. Consistent with this right, no neither Contracting Party shall act to unilaterally limit the volume of traffic, frequency or regularity of service, or the aircraft type or types operated by the a designated airlines airline of the other PartiesContracting Party, except as may be required for customs, technical, operational, air traffic management safety, environmental or environmental health protection reasons under uniform conditions consistent with Article 15 of the Convention. 3. Neither Contracting Party shall impose on the other Contracting Party's designated airlines a first- refusal requirement, uplift ratio, no-objection fee, or any other requirement with respect to capacity, frequency or traffic that would be inconsistent with the purposes of this Agreement. 4. Airlines designated by a Contracting Party may be required to submit their flight schedules for approval to the aeronautical authorities of the other Contracting Party at least thirty (30) days before the proposed date of their introduction. The same procedure shall apply to any modification thereof. In special cases this time limit may be reduced subject to the consent of the said authorities. 45. Each Contracting Party may require the filing of traffic programmes and individual flights or operational plans by the designated airlines of the other Contracting Party. The administrative burden of filing requirements shall be minimized and all filings shall be dealt with promptly by the respective aeronautical authorities. 6. Neither Contracting Party shall allow its designated airline or airlines, either in conjunction with any other airline or airlines or separately separately, to abuse market power in a way which has or is likely or intended to have the effect of severely weakening a competitor or excluding a competitor from a route. 57. Neither Contracting Party shall provide or permit State state subsidy or support for or to its designated airline or airlines in such way that would adversely affect the fair and equal opportunity of the airlines of the other Contracting Party to compete in providing international air transportation. 68. Where a Contracting Party provides State state subsidy or support to a designated airline in respect of services operated under this Agreement, it shall require that airline to identify the subsidy or support clearly and separately in its accounts. 79. If one Contracting Party has substantiated concerns that its designated airlines are being subjected to discrimination or unfair practices, or that a subsidy or support being considered or provided by the other Contracting Party would adversely affect or is adversely affecting the fair and equal opportunity of the airlines of the first Contracting Party to compete in providing international air transportation, the aeronautical authorities of that Contracting Party may request immediate consultations with the aeronautical authorities of the other Contracting Party. Such consultations shall start within thirty (30) days of receipt of such a request from either Contracting Party. Failure to reach a satisfactory agreement within thirty (30) days from the start of such consultations shall constitute grounds to suspend the exercise of the rights specified in Article 2 (Grant of Rights) of the present agreement by the airline designated by the other Contracting Party, or to revoke the operating authorization, or to impose such conditions as it may deem necessary on the exercise of these rights.

CAPACITY AND FAIR COMPETITION. 1. Each Contracting Party shall allow a fair and equal opportunity for the designated airlines of both Contracting Parties to operate compete in providing the agreed servicesinternational air transportation governed by this Agreement. 2. Each Party shall allow each designated airline to determine the frequency and The capacity of the international air transportation it offers in accordance with transport offered by the agreed services on the specified routes designated airlines shall be determined freely by each of them based upon commercial considerations in the marketplace. Consistent with this right, no neither Contracting Party shall act to unilaterally limit the volume of traffic, frequency frequency, or regularity of service, or the aircraft type or types operated by the designated airlines of the other PartiesContracting Party, except as may be required for customs, technical, operational, or environmental reasons under uniform conditions consistent with Article 15 of the ConventionConvention and always on a non- discriminatory basis. 3. Airlines designated by a Contracting Party may be required to submit their flight schedules for approval to the aeronautical authorities of the other Contracting Party at least thirty (30) days before the proposed date of their introduction. The same procedure shall apply to any modification thereof. In special cases this time limit may be reduced subject to the consent of the said authorities. 4. Neither Contracting Party shall allow its designated airline or airlines, either in conjunction with any other airline or airlines or separately separately, to abuse market power in a way which has or is likely or intended to have the effect of severely weakening a competitor or excluding a competitor from a route. 5. Neither Contracting Party shall provide or permit State state subsidy or support for or to its designated airline or airlines in such way that would adversely affect the fair and equal opportunity of the airlines of the other Contracting Party to compete in providing international air transportation. 6. Where a Contracting Party provides State state subsidy or support to a designated airline in respect of services operated under this Agreement, it shall require that airline to identify the subsidy or support clearly and separately in its accounts. 7. If one Contracting Party has substantiated concerns that its designated airlines are being subjected to discrimination or unfair practices, or that a subsidy or support is being considered or provided by the other Contracting Party would adversely affect or is adversely affecting the fair and equal opportunity of the airlines of the first Contracting Party to compete in providing international air transportation, the aeronautical authorities of that Contracting Party may request immediate consultations with the aeronautical authorities of the other Contracting Party. Such consultations shall start within thirty (30) days of receipt of such a request from either Contracting Party. Failure to reach a satisfactory agreement within thirty (30) days from the start of such consultations shall constitute grounds to suspend the exercise of the rights specified in Article 2 (Grant of Rights) of the present Agreement by the airline designated by the other Contracting Party, or to revoke the operating authorization, or to impose such conditions as it may deem necessary on the exercise of these rights.