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Common use of Tariffs Clause in Contracts

Tariffs. 1. Each Contracting Party shall allow tariffs for air services to be established by each designated airline based upon commercial considerations in the marketplace. Intervention by the Contracting Parties shall be limited to: a) prevention of unreasonably discriminatory tariffs or practices; or b) protection of consumers from tariffs that are unreasonably high or restrictive due to abuse of a dominant position; or c) protection of airlines from tariffs that are artificially low due to direct or indirect governmental subsidy or support. 2. Each Contracting Party may require, on a non-discriminatory basis, notification to and registration or filing with its aeronautical authorities of tariffs to be charged to or from its territory by the designated airlines of the other Contracting Party. Such notification or filing by the designated airlines of both Contracting Parties may be required at least thirty (30) days before the proposed date of effectiveness. In individual cases, notification or filing may be permitted on shorter notice that normally required. 3. Neither Contracting Party shall take unilateral action to prevent the inauguration or continuation of a tariff proposed to be charged or charged by a designated airline of either Contracting Party for international air services between the territories of the Contracting Parties, or a designated airline of one Contracting Party for international air services between the territory of the other Contracting Party and the territory of any other State, including in both cases transportation on an interline basis. If either Contracting Party believes that any such tariff is inconsistent with the considerations set forth in paragraph 1 of this Article, it shall request consultations and notify the other Contracting Party of the reasons for its dissatisfaction as soon as possible. These consultations shall be held not later than thirty (30) days after receipt of the request and the Contracting Parties shall cooperate in securing the information necessary for a reasoned resolution of the issue. If the Contracting Parties reach an agreement with respect to a tariff for which a notice of dissatisfaction has been given, each Contracting Party shall use its best efforts to put that agreement into effect. Without such mutual agreement, the tariff shall go into effect or continue in effect.

Appears in 2 contracts

Samples: Air Services Agreement, Air Services Agreement

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Tariffs. (1. Each Contracting Party shall allow tariffs for air services to be established by each designated airline based upon commercial considerations in the marketplace. Intervention by the Contracting Parties shall be limited to: a) prevention of unreasonably discriminatory tariffs or practices; or b) protection of consumers from tariffs that are unreasonably high or restrictive due to abuse of a dominant position; or c) protection of airlines from tariffs that are artificially low due to direct or indirect governmental subsidy or support. 2. Each Contracting Party may require, on a non-discriminatory basis, notification to and registration or filing with its aeronautical authorities of The tariffs to be charged to or from its territory by the designated airlines of the Contracting Parties for carriage between Hong Kong and the United States shall be those approved by the aeronautical authorities of both Contracting Parties and shall be established at reasonable levels, due regard being had to all relevant factors, including the cost of operating the agreed services, the interests of users, reasonable profit and the tariffs of other Contracting Partyairlines operating over the whole or part of the same route. Such notification or filing To further the reasonable interests of users of air transport services, and to encourage the further development of civil aviation, individual airlines should be encouraged to initiate innovative, cost-based tariffs. (2) Any tariff agreements with respect to carriage by the designated airlines concluded as a result of inter-carrier discussions, including those held under the traffic conference procedures of the International Air Transport Association, or any other association of international airlines, and involving the airlines of the Contracting Parties will be subject to the approval of the aeronautical authorities of those Contracting Parties, and may be disapproved at any time whether or not previously approved. The submission of such agreements is not the filing of a tariff for the purposes of the provisions of paragraph (3) of this Article. Such agreements shall be submitted to the aeronautical authorities of both Contracting Parties may be required for approval at least thirty (30) 105 days before the proposed date of effectiveness, accompanied by such justification as each Contracting Party may require of its own designated airlines. In individual cases, notification or filing The period of 105 days may be permitted on shorter notice that normally required. 3reduced with the consent of the aeronautical authorities of the Contracting Party with whom a filing is made. Neither The aeronautical authorities of each Contracting Party shall use their best efforts to approve or disapprove (in whole or in part) each agreement submitted in accordance with this paragraph on or before the 60th day after its submission. Each Contracting Party may require that tariffs reflecting agreements approved by it be filed and published in accordance with its laws. (3) Any proposed tariff for carriage between Hong Kong and the United States shall be filed with the aeronautical authorities of the Contracting Parties by the designated airline or airlines seeking its approval in such form as the aeronautical authorities may separately require to disclose the particulars referred to in Article 1, paragraph (i). It shall be filed not less than 40 days (or such shorter period as the aeronautical authorities of the Contracting Parties may agree) before the proposed effective date. The proposed tariff shall be treated as having been filed with the aeronautical authorities of a Contracting Party on the date on which it is received by those aeronautical authorities. (4) Any proposed tariff may be approved by the aeronautical authorities of a Contracting Party at any time and, provided it has been filed in accordance with paragraph (3) of this Article, shall be deemed to have been approved by the aeronautical authorities of that Contracting Party unless, within 30 days (or such shorter period as the aeronautical authorities of the Contracting Parties may agree) after the date of filing, the aeronautical authorities of one Contracting Party have served on the aeronautical authorities of the other Contracting Party written notice of disapproval of the proposed tariff. (5) If a notice of disapproval is given in accordance with the provisions of paragraph (4) of this Article either Contracting Party may, within 30 days of the service of the notice of disapproval, request consultations between the Contracting Parties which shall be held within 30 days from the date the other Contracting Party receives such request in writing for the purpose of attempting to reach agreement on the appropriate tariffs. (6) If agreement is reached on the appropriate tariff under paragraph (5) of this Article, each Contracting Party shall exercise its best efforts to put such tariff into effect. If an agreement is not reached prior to the proposed effective date of the tariff, or if consultations are not requested, the aeronautical authorities of the Contracting Party expressing dissatisfaction with that tariff may take unilateral action to prevent continue in force the inauguration or continuation existing tariffs beyond the date on which they would otherwise have expired at the levels and under the conditions (including seasonal variations) set forth therein. In this event, the other Contracting Party shall similarly take any action necessary to continue the existing tariffs in effect. (7) A tariff established in accordance with the provisions of this Article shall remain valid until a replacement tariff proposed has been established. (a) The tariffs to be charged or by the designated airlines of Hong Kong for carriage between the United States and another State shall be subject to approval by the aeronautical authorities of the United States and, where appropriate, of the other State. The tariffs to be charged by a the designated airline of either Contracting Party for international air services between the territories airlines of the Contracting PartiesUnited States for carriage between Hong Kong and a State other than the United States shall be subject to approval by the aeronautical authorities of Hong Kong and, or a where appropriate, of the other State. (b) Any proposed tariff for such carriage shall be filed by the designated airline of one Contracting Party for international air services between seeking approval of such tariff with the territory aeronautical authorities of the other Contracting Party Party. It shall be filed in such form as those aeronautical authorities may require to disclose the particulars referred to in Article 1, paragraph (1) and not less than 40 days (or such shorter period as they may decide) prior to the territory proposed effective date. The proposed tariff shall be treated as having been filed on the date on which it is received by those aeronautical authorities. (c) Such tariff may be approved at any time by the aeronautical authorities of any other State, including in both cases transportation on an interline basis. If either the Contracting Party believes that any with whom it has been filed and shall be deemed to have been approved by them unless, within 30 days after the date of filing, they have served on the designated airline seeking approval of such tariff written notice of disapproval. (d) Notwithstanding the provisions of paragraph (7), a tariff approved by virtue of paragraph (9) for carriage by a U.S. designated airline between Hong Kong and a state other than the United States or for carriage by a Hong Kong designated airline between the United States and another state shall not be prolonged past the original expiry date, if any, of the tariff to which it corresponds, if that tariff is inconsistent with no longer in effect or has been amended. (9) Notwithstanding the considerations set forth in paragraph 1 provisions of paragraphs (4) and (8)(c) of this Article, it shall request consultations and notify the other Contracting Party aeronautical authorities of the reasons for its dissatisfaction as soon as possible. These consultations shall be held not later than thirty (30) days after receipt of the request and the Contracting Parties shall cooperate in securing the information necessary for a reasoned resolution of the issue. If the Contracting Parties reach an agreement with respect to a tariff for which a notice of dissatisfaction has been given, each Contracting Party shall use its best efforts not disapprove any proposed tariff filed with them by a designated airline which corresponds (e.g. in price level, conditions and date of expiry but not necessarily the routeing being used) to put that agreement into effect. Without such mutual agreement, the tariff shall go into effect charged by an airline of that Contracting Party for comparable services between the same points or continue in effectis more restrictive or higher than that tariff.

Appears in 2 contracts

Samples: Air Services Agreement, Air Services Agreement

Tariffs. 1. Each Contracting Party shall allow tariffs for air services to be established by each designated airline based upon commercial considerations in the marketplace. Intervention by the Contracting Parties shall be limited to: a) : prevention of unreasonably predatory or discriminatory tariffs or practices; or b) protection of consumers from tariffs that are unreasonably unduly high or restrictive due to because of the abuse of a dominant position; or c) and protection of airlines from tariffs that are artificially low due to because of direct or indirect governmental subsidy or support. 2. Each Contracting Party may require, on a non-discriminatory basis, require notification to and registration or filing with its aeronautical authorities of tariffs proposed to be charged to or from its territory by the designated airlines of the other both Contracting PartyParties. Such notification Notification or filing by the designated airlines of both Contracting Parties may be required at least thirty (30) no more than 30 days before the proposed date of effectiveness. In individual cases, notification or filing may be permitted on shorter notice that than normally required. 3. Neither Contracting Party shall take unilateral action to prevent the inauguration introduction or continuation of a tariff proposed to be charged or charged by a designated (a) an airline of either Contracting Party for international air services between the territories of the Contracting Parties, or a designated (b) an airline of one Contracting Party for international air services between the territory territories of the other Contracting Party and the territory of any other Statecountry, including in both cases transportation services on an interline or intraline basis. If either Contracting Party believes that any such tariff as described in paragraph 3 of this Article is inconsistent with the considerations set forth in paragraph 1 of this Article, it shall request consultations and notify the other Contracting Party of the reasons for its dissatisfaction as soon as possible. These consultations shall be held not later than thirty (30) days after receipt of the request request, and the Contracting Parties shall cooperate in securing the information necessary for a reasoned resolution of the issue. If the Contracting Parties reach an agreement with respect to a tariff for which a notice of dissatisfaction has been given, each Contracting Party shall use its best efforts to put that agreement into effect. Without such mutual agreement, the that tariff shall go into effect or continue in effect.

Appears in 1 contract

Samples: Air Services Agreement

Tariffs. 1. Each Contracting Party shall allow The tariffs for air services to be established applied by each designated airline based upon of the Contracting Parties for international transport in the services covered by this Agreement shall be freely established at reasonable levels, due regard being paid to all pricing elements, especially the cost of operation, the characteristics of the service, the needs of users, reasonable profit and other commercial considerations in the marketplace. Intervention by the Contracting Parties shall be limited to: a) prevention of unreasonably discriminatory tariffs or practices; or b) protection of consumers from tariffs that are unreasonably high or restrictive due to abuse of a dominant position; or c) protection of airlines from tariffs that are artificially low due to direct or indirect governmental subsidy or support. 2. Each Contracting Party may requirerequire notification or registration with its aeronautical authorities of any tariffs charged by the airlines of the other Contracting Party to or from its territory. Tariffs shall be registered or notified, when required, at least 30 days prior to the proposed effective date. Where deemed appropriate, a shorter notification or registration period than is normally required may be permitted. Neither Contracting Party shall require the airlines of the other Contracting Party to notify or register the prices charged by charterers to the public, unless necessary, on a non-discriminatory basis, notification to and registration or filing with its aeronautical authorities of tariffs to be charged to or from its territory by the designated airlines of the other Contracting Party. Such notification or filing by the designated airlines of both Contracting Parties may be required at least thirty (30) days before the proposed date of effectiveness. In individual cases, notification or filing may be permitted on shorter notice that normally requiredfor information purposes. 3. Neither Without prejudice to the enforcement of the competition and user protection rules prevailing in each Contracting Party, neither Contracting Party shall take unilateral action to prevent the inauguration or continuation application of a proposed tariff proposed to be charged or charged by the continued application of an existing tariff of a designated airline of either the other Contracting Party for international air transport in the services between covered by this Agreement. The Parties shall only intervene in order to: (a) Avoid unreasonable, discriminatory prices or practices; (b) Protect users against unfairly high or restrictive tariffs resulting from the territories abuse of a dominant position; (c) Protect other airlines from tariffs that are artificially low because of direct or indirect State subsidies or support; (d) Protect other airlines from artificially low tariffs, where there is evidence of an attempt to eliminate competition. 4. Notwithstanding the Contracting Partiesprovisions of paragraph 3 of this article, or a designated airline the aeronautical authorities of one each Contracting Party for international air services between may expressly approve tariffs submitted to them by the territory designated airlines. When these authorities consider that a particular tariff falls within the categories described in subparagraphs 3 (a), (b), (c) and (d), they shall notify the aeronautical authorities of the other Contracting Party and the territory airline concerned of any other Statetheir dissatisfaction, including giving reasons, as soon as possible and in no case later than 30 days after the date of notification or submission of the tariff in question, and may request the consultation procedures set out in paragraph 5 of this article. Unless both cases transportation on an interline basisaeronautical authorities have agreed in writing to disapprove them in accordance with the above-mentioned procedures, the tariffs shall be deemed to be approved. 5. If either The aeronautical authorities of each Contracting Party believes may request that any such tariff is inconsistent consultations with the considerations set forth in paragraph 1 aeronautical authorities of this Article, it shall request consultations and notify the other Contracting Party be held on any tariff applied by an airline of the reasons other Contracting Party for its international transport on the services covered by this Agreement, including any tariff for which notice of dissatisfaction as soon as possiblehas been given. These Such consultations shall be held not later than thirty (30) 30 days after receipt of the request and request. The aeronautical authorities of the Contracting Parties shall cooperate in securing the information necessary for a reasoned reasonable resolution of the issuematter. If the Contracting Parties reach an If, in such consultations, agreement is reached with respect to a the tariff for which a notice in question, the aeronautical authorities of dissatisfaction has been givenboth Contracting Parties shall endeavour to bring such agreement into force. If no mutual agreement is reached, the tariff shall take effect or continue to apply. 6. For international transport on the services covered by this Agreement, each Contracting Party shall use its best efforts permit the designated airlines of the other Contracting Party to put offer tariffs similar to those charged by any airline for comparable air service between the same points. 7. Any tariff established in accordance with the provisions of this article shall remain in force until a new tariff has been established. Any tariff approved without an expiry deadline shall remain in force if a new rate is not introduced or approved, until it is cancelled by the airline concerned or until both Contracting Parties agree that agreement into effect. Without such mutual agreement, the tariff shall go into effect or continue in effectit should no longer be applied.

Appears in 1 contract

Samples: Air Transport Agreement

Tariffs. 1. Each Contracting Party shall allow tariffs for air services Tariffs to be established by each designated airline Designated Airline based upon its commercial considerations in the marketplacemarket place. Neither Contracting Party shall require the Designated Airlines to consult other airlines about the tariffs they charge or propose to charge. 2. Each Contracting Party may require prior filing with its Aeronautical Authorities, of prices to be charged to or from its Territory by Designated Airlines of both Contracting Parties. Such filing by or on behalf of the Designated Airlines may be required by no more than 30 days before the proposed date of effectiveness. In individual cases, filing may be permitted on shorter notice than normally required. If a Contracting Party permits an airline to file a price on short notice, the price shall become effective on the proposed date for traffic originating in the territory of that Contracting Party. 3. Except as otherwise provided in this Article, neither Contracting Party shall take unilateral action to prevent the inauguration or continuation of a price proposed to be charged or charged by a Designated Airline of either Contracting Party for international air transportation. 4. Intervention by the Contracting Parties shall be limited to: a) prevention Prevention of unreasonably discriminatory tariffs Tariffs whose application constitutes anti-competitive behavior which has or practices; oris likely to or intended to have the effect of crippling a competitor or excluding a competitor from a route; b) protection of consumers from tariffs prices that are unreasonably high or restrictive due to the abuse of a dominant position; orand c) protection Protection of airlines Designated Airlines from tariffs prices that are artificially low due to direct or indirect governmental subsidy or supportlow. 25. Each If a Contracting Party may require, on believes that a non-discriminatory basis, notification to and registration or filing with its aeronautical authorities of tariffs to be charged to or from its territory by the designated airlines of the other Contracting Party. Such notification or filing by the designated airlines of both Contracting Parties may be required at least thirty (30) days before the proposed date of effectiveness. In individual cases, notification or filing may be permitted on shorter notice that normally required. 3. Neither Contracting Party shall take unilateral action to prevent the inauguration or continuation of a tariff price proposed to be charged or charged by a designated airline Designated Airline of either the other Contracting Party for international air services between the territories of the Contracting Parties, or a designated airline of one Contracting Party for international air services between the territory of the other Contracting Party and the territory of any other State, including in both cases transportation on an interline basis. If either Contracting Party believes that any such tariff is inconsistent with the considerations set forth in paragraph 1 (4) of this Article, it shall request consultations and notify the other Contracting Party of the reasons for its dissatisfaction as soon as possible. These consultations shall be held not later than thirty (30) 30 days after receipt of the request request, and the Contracting Parties shall cooperate in securing the information necessary for a reasoned resolution of the issue. If the Contracting Parties reach an agreement with respect to a tariff price for which a notice of dissatisfaction has been given, each Contracting Party shall use its best efforts to put that agreement into effect. Without such mutual agreementagreement to the contrary, the tariff previously existing price shall go into effect or continue in effect.

Appears in 1 contract

Samples: Air Services Agreement

Tariffs. 1. Each Contracting Party shall allow The tariffs for air services to be established charged by the designated airlines of each designated airline based upon commercial considerations Party for the international carriage in the marketplace. Intervention by the Contracting Parties services provided under this Agreement shall be limited to: a) prevention freely established at reasonable levels, due regard being paid to all relevant factors, including the cost of unreasonably discriminatory tariffs or practices; or b) protection operations, the characteristics of consumers from tariffs that are unreasonably high or restrictive due to abuse the service, the interest of users, a dominant position; or c) protection of airlines from tariffs that are artificially low due to direct or indirect governmental subsidy or supportreasonable profit and other market consideration. 2. Each Contracting Party may require, on a non-discriminatory basis, require notification to and registration or filing with its aeronautical authorities Aeronautical Authorities of tariffs to be charged to or from its territory by the designated airlines of the other Contracting Party. Such notification or Notification of filing by the designated airlines of both Contracting either Parties may be required at least no more than thirty (30) working days before the proposed date of effectiveness. In individual cases, notification or filing may be permitted on shorter notice that than normally required. Neither Party shall require the notification nor filing by airlines of the other Party of tariffs charged by charterers to the public, except as be required in a non-discriminatory basis for information purposes. 3. Neither Contracting Without prejudice of the applicable competition and consumer protection law prevailing in each Party, neither Party shall take unilateral action to prevent the inauguration or continuation of a an effective tariff proposed to be charged or charged by a designated airline of either Contracting the other Party for international air transportation in the services between provided under this Agreement. Intervention by the territories Parties shall be limited to: (a) prevention of unreasonably discriminatory prices or practices; (b) protection of consumers from prices that are unreasonably high or restrictive due to abuse of a dominant position; (c) protection of airlines from prices that are artificially low due to direct or indirect subsidy or support; and (d) protection of airlines from prices that are artificially low, where evidence exists as to an intent to eliminate competition. 4. Without prejudice to the Contracting Partiesprevious paragraph 3 of this Article, or the Aeronautical Authorities of either Party may expressly approve the tariffs filed by the designated airlines. Where such aeronautical authorities find that a designated airline of one Contracting Party for international air services between certain tariff falls within the territory of the other Contracting Party and the territory of any other State, including in both cases transportation on an interline basis. If either Contracting Party believes that any such tariff is inconsistent with the considerations categories set forth in paragraph 1 3(a), 3(b), 3(c) and 3(d), they shall send reasoned notification of this Article, it shall request consultations and notify its dissatisfaction to the aeronautical authorities of the other Contracting Party of and to the reasons for its dissatisfaction concerned airline as soon as possible. These consultations shall be held not , and in no event later than thirty (30) working days after receipt the date of filing of the tariff in question and may request consultations. If the other Party/airline accepts the contention, the tariff shall be withdrawn forthwith. Otherwise the consultation requested by the first Party shall be within thirty (30) working days of the request and the Contracting both Parties shall cooperate in securing the information necessary for endeavour to reach a reasoned resolution of the issuesatisfactory resolution. If the Contracting Parties reach an agreement with respect Unless both Aeronautical Authorities have agreed to disapprove a tariff for which a notice of dissatisfaction has been given, each Contracting Party shall use its best efforts to put that agreement into effect. Without such mutual agreementtariff, the tariff shall go into effect or be treated as having been approved and shall continue to be in effect.

Appears in 1 contract

Samples: Air Services Agreement

Tariffs. 1. Each Contracting Party shall allow The tariffs for air services to be established applied by each the designated airline based upon or airlines of a Party for services covered by this Agreement shall be established at reasonable levels, due regard being paid to all relevant factors, including interests of users, cost of operation, characteristics of service, reasonable profit, tariffs of other airlines, and other commercial considerations in the marketplacemarket-place. 2. Intervention by The aeronautical authorities of the Contracting Parties shall will give particular attention to tariffs which may be limited to: a) prevention of objectionable because they appear unreasonably discriminatory tariffs or practices; or b) protection of consumers from tariffs that are unreasonably discriminatory, unduly high or restrictive due to because of the abuse of a dominant position; or c) protection of airlines from tariffs that are , artificially low due to because of direct or indirect governmental subsidy or support, or predatory. 23. Each Contracting Party may require, on a non-discriminatory basis, notification to and registration or filing with its The aeronautical authorities of tariffs to be charged to or from its territory by the designated airlines of the other Contracting Party. Such Parties may require notification or filing of tariffs proposed by the designated airlines of both Contracting Parties for carriage to or from its territory. Such notification or filing may be required at least not more than thirty (30) days before the proposed date of effectivenessintroduction. In individual special cases, notification or filing this period may be permitted on shorter notice that normally requiredreduced. 34. Neither Contracting The aeronautical authorities of the Parties shall have the right to approve or disapprove tariffs for one-way or round-trip carriage between the territories of the two Parties which commences in their own territory. The tariffs to be charged by a designated airline of one Party for carriage between the territory of the other Party and that of a third State on services covered by this Agreement shall be subject to the approval requirements of the other Party. The aeronautical authorities of neither Party shall take unilateral action to prevent the inauguration of proposed tariffs or the continuation of a tariff proposed to be charged effective tariffs for one-way or charged by a designated airline of either Contracting Party for international air services round-trip carriage between the territories of the Contracting Parties, or a designated airline of one Contracting Party for international air services between two Parties commencing in the territory of the other Contracting Party. 5. Approval of tariffs consequent upon the provisions of paragraph 4 above may be given expressly by the aeronautical authorities of either Party and to the territory airlines filing the tariffs. However, if the aeronautical authority of any other State, including the Party concerned has not given in both cases transportation on an interline basis. If either Contracting Party believes that any such tariff is inconsistent with writing to the considerations set forth in paragraph 1 aeronautical authority of this Article, it shall request consultations and notify the other Contracting Party notice of disapproval of such tariffs of the reasons airlines of the other Party within twenty (20) days from the date of submission, the tariffs concerned shall be considered approved. In the event of the period of submission being reduced in accordance with Paragraph 3, the aeronautical authorities of the Parties may agree that the period within which any disapproval shall be given be reduced accordingly. 6. Where the aeronautical authorities of either Party believe that a tariff for its carriage to their territory falls within the categories described in Paragraph 2 above, they shall give notice of dissatisfaction to the aeronautical authorities of the other Party, as soon as possible, and at least within thirty (30) days of the date of notification or filing of the tariff, and may avail themselves of the consultation procedures set out in paragraph 7 below. 7. These Each Party may request consultation regarding any tariff of an airline of either Party for services covered by this Agreement, including where the tariff concerned has been subject to a notice of disapproval or dissatisfaction. Such consultations shall be held not later than thirty sixty (3060) days after receipt of the request and the Contracting Parties request. Each Party shall cooperate in securing the information necessary for a reasoned resolution of the issueissues. If the Contracting Parties reach an agreement with respect to a tariff for which a notice of dissatisfaction has been givensettlement, each Contracting Party of them shall use its their best efforts to put that agreement settlement into effect. Without such mutual agreementIf no settlement is reached, the tariff decision of the Party in whose territory the carriage originates shall go into effect or continue in effectprevail.

Appears in 1 contract

Samples: Air Services Agreement

Tariffs. 1. Each Contracting Party shall allow tariffs for air services Tariffs to be established by each designated airline Designated Airline based upon its commercial considerations in the marketplacemarket place. Intervention by Neither Contracting Party shall require the Contracting Parties shall be limited to: a) prevention of unreasonably discriminatory Designated Airlines to consult other airlines about the tariffs they charge or practices; or b) protection of consumers from tariffs that are unreasonably high or restrictive due propose to abuse of a dominant position; or c) protection of airlines from tariffs that are artificially low due to direct or indirect governmental subsidy or supportcharge. 2. Each Contracting Party may require, on a non-discriminatory basis, notification to and registration or require prior filing with its aeronautical authorities Aeronautical Authorities, of tariffs prices to be charged to or from its territory Territory by the designated airlines of the other Contracting Party. Such notification or filing by the designated airlines Designated Airlines of both Contracting Parties Parties. Such filing by or on behalf of the Designated Airlines may be required at least thirty (30) by no more than 30 days before the proposed date of effectiveness. In individual cases, notification or filing may be permitted on shorter notice that than normally required. If a Contracting Party permits an airline to file a price on short notice, the price shall become effective on the proposed date for traffic originating in the Territory of that Contracting Party. 3. Neither Except as otherwise provided in this Article, neither Contracting Party shall take unilateral action to prevent the inauguration or continuation of a tariff price proposed to be charged or charged by a designated airline Designated Airline of either Contracting Party for international air services between transportation. 4. Intervention by the territories Contracting Parties shall be limited to: (a) Prevention of Tariffs whose application constitutes anti-competitive behavior which has or is likely to or intended to have the effect of crippling a competitor or excluding a competitor from a route; (b) protection of consumers from prices that are unreasonably high or restrictive due to the abuse of a dominant position; and (c) Protection of Designated Airlines from prices that are artificially low. 5. If a Contracting Party believes that a price proposed to be charged by a Designated Airline of the Contracting Parties, or a designated airline of one other Contracting Party for international air services between the territory of the other Contracting Party and the territory of any other State, including in both cases transportation on an interline basis. If either Contracting Party believes that any such tariff is inconsistent with the considerations set forth in paragraph 1 (4) of this Article, it shall request consultations and notify the other Contracting Party of the reasons for its dissatisfaction as soon as possible. These consultations shall be held not later than thirty (30) 30 days after receipt of the request request, and the Contracting Parties shall cooperate in securing the information necessary for a reasoned resolution of the issue. If the Contracting Parties reach an agreement with respect to a tariff price for which a notice of dissatisfaction has been given, each Contracting Party shall use its best efforts to put that agreement into effect. Without such mutual agreementagreement to the contrary, the tariff previously existing price shall go into effect or continue in effect. 6. The tariffs to be charged by the air carrier(s) designated by the UAE for carriage wholly within the European Union shall be subject to European Union law. 7. Notwithstanding the provisions in paragraph 6 of this Article, the air carrier(s) designated by the UAE shall be allowed to match existing prices charged by other airlines for carriage wholly within the European Union.

Appears in 1 contract

Samples: Air Services Agreement

Tariffs. 1. Each Contracting Party shall allow tariffs for air services transportation to be established decided by each designated airline based upon on the basis of commercial considerations in the marketplace. Intervention Interventions by the Contracting Parties shall be limited to: (a) prevention Prevention of unreasonably unreasonable or discriminatory tariffs or practices; or; (b) protection Protection of consumers from tariffs that are unreasonably high or restrictive due owing to the abuse of a dominant position; orand (c) protection Protection of airlines from against tariffs that are artificially low due to because of direct or indirect governmental subsidy government subsidies or support. 2. Each Contracting Party may require, on a non-discriminatory basis, require notification to and registration or filing with its aeronautical authorities of the tariffs to that must be charged for services to or from its territory by the designated airlines of the other Contracting Party. Such notification or filing by the designated airlines of both Contracting Parties may be required at least thirty (30) no more than 60 days before the proposed date of effectiveness. In individual cases, notification or filing may be permitted authorized on shorter notice that than normally required. 3. Neither Contracting Party shall take unilateral action to prevent the inauguration or continuation of a tariff proposed to be charged offered or charged by a designated (a) an airline of either of the Contracting Party Parties or an airline of a third country for international air services transportation between the territories of the Contracting Parties, Parties or a designated (b) an airline of one either of the Contracting Party Parties or an airline of a third country for international air services transportation between the territory of the other Contracting Party and the territory of any other Statecountry, including in both cases transportation on an interline or intraline basis. 4. If either a Contracting Party believes that any such tariff is inconsistent with the considerations set forth out in paragraph 1 (a) of this Articlearticle, it shall may request consultations and notify the other Contracting Party of the reasons for its dissatisfaction as soon as possible. These The consultations shall be held not later than thirty (30) 30 days after receipt of the request and the Contracting Parties shall cooperate in securing the information necessary for a reasoned resolution of the issue. If the Contracting Parties reach an agreement with respect to a tariff for which a notice of dissatisfaction has been given, each Contracting Party shall use its best efforts to put that agreement into effect. Without such If no mutual agreementagreement is reached, the tariff shall go into effect or continue in effect. 5. Notwithstanding paragraph 3 of this article, each Contracting Party shall permit (a) any airline of either Contracting Party (or of a third country) to respond to a lower or more competitive tariff offered or charged by any other airline for international air transportation between the territories of the Contracting Parties and (b) any airline of a Contracting Party to respond to a lower or more competitive tariff offered or charged by any other airline for international air transportation between the territory of the other Contracting Party and a third country. As used in this Agreement, the term “meet” means the right to establish in a timely manner, through the necessary expedited procedures, the same or similar tariff, or such tariff through a combination of tariffs, on a direct, interline or intraline basis, notwithstanding differences in conditions relating to route, round-trip requirements, connections, or type of service or aircraft.

Appears in 1 contract

Samples: Air Transport Agreement

Tariffs. (1. Each Contracting Party shall allow tariffs for air services to be established by each designated airline based upon commercial considerations in the marketplace. Intervention by the Contracting Parties shall be limited to: a) prevention of unreasonably discriminatory tariffs or practices; or b) protection of consumers from tariffs that are unreasonably high or restrictive due to abuse of a dominant position; or c) protection of airlines from tariffs that are artificially low due to direct or indirect governmental subsidy or support. 2. Each Contracting Party may require, on a non-discriminatory basis, notification to and registration or filing with its aeronautical authorities of The tariffs to be charged to or from its territory by the designated airlines of the Contracting Parties for carriage between Hong Kong and France shall be those approved by both aeronautical authorities and shall be established at reasonable levels, due regard being had to all relevant factors, including the cost of operating the agreed services, the interests of users, reasonable profit and the tariffs of the other Contracting Party. Such notification airline(s) operating over the whole or filing part of the same route. (2) The tariffs referred to in paragraph (1) of this Article may be agreed by the designated airlines seeking approval of the tariff, after consultation with other airlines operating over the whole or part of the same route. However, a designated airline shall not be precluded from proposing, nor the aeronautical authorities from approving, any tariff, if that airline shall have failed to obtain the agreement of the other designated airlines to such as tariff, or because no other designated airline is operating on the same route. References in this and the preceding paragraph to “the same route” are to the route operated, not the specified route. (3) Any proposed tariff for carriage between Hong Kong and France shall be filed with the aeronautical authorities of both Contracting Parties in such form as the aeronautical authorities may separately require to disclose the particulars set out in Article 1(g). It shall be filed not less than 60 days (or such shorter period as the aeronautical authorities may agree) before the proposed effective date. The proposed tariff shall be treated as having been filed with a Contracting Party on the date on which it is received by the aeronautical authorities of that Contracting Party. (4) Any proposed tariff may be approved by the aeronautical authorities of either Contracting Party at any time and, provided it has been filed in accordance with paragraph (3) of this Article, shall be deemed to have been approved by the aeronautical authorities unless, within 30 days (or such shorter period as the aeronautical authorities of both Contracting Parties may be required at least thirty (30agree) days before after the proposed date of effectiveness. In individual casesfiling, notification or filing may be permitted on shorter notice that normally required. 3. Neither Contracting Party shall take unilateral action to prevent the inauguration or continuation of a tariff proposed to be charged or charged by a designated airline aeronautical of either Contracting Party for international air services between have served on the territories of the Contracting Parties, or a designated airline of one Contracting Party for international air services between the territory aeronautical authorities of the other Contracting Party and written notice of disapproval of the territory proposed tariff. (5) If a notice of any other State, including disapproval is given in both cases transportation on an interline basis. If either Contracting Party believes that any such tariff is inconsistent accordance with the considerations set forth in provisions of paragraph 1 (4) of this Article, it shall the aeronautical authorities of the two contracting Parties may determine the tariff by mutual agreement. Either Contracting Party may, within 30 days of the service of the notice of disapproval, request consultations and notify the other Contracting Party of the reasons for its dissatisfaction as soon as possible. These consultations which shall be held not later than thirty (30) within 30 days after receipt of the request and the Contracting Parties shall cooperate in securing the information necessary for request. (6) If a reasoned resolution tariff has been disapproved by one of the issue. If the Contracting Parties reach an agreement aeronautical authorities in accordance with respect to a tariff for which a notice of dissatisfaction has been given, each Contracting Party shall use its best efforts to put that agreement into effect. Without such mutual agreement, the tariff shall go into effect or continue in effect.paragraph

Appears in 1 contract

Samples: Air Services Agreement

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Tariffs. 1. Each The Contracting Party Parties shall allow that tariffs for air services to on the routes as specified in the Annex shall be established by each of the designated airline based upon commercial considerations in the marketplace. Intervention by the Contracting Parties shall be limited to: a) prevention of unreasonably discriminatory tariffs or practices; or b) protection of consumers from tariffs that are unreasonably high or restrictive due to abuse of a dominant position; or c) protection of airlines from tariffs that are artificially low due to direct or indirect governmental subsidy or supportairlines, if possible after consultation between those airlines. 2. Each Contracting Party may require, The tariffs for carriage on a non-discriminatory basis, notification agreed services to and registration or filing with its aeronautical authorities of tariffs to be charged to or from its the territory by the designated airlines of the other Contracting PartyParty shall be established at reasonable levels, due regard being paid to all relevant factors including cost of operation, reasonable profit, characteristics of service, the interest of users and, where it is deemed suitable, the tariffs of other airlines over all or part of the same route. 3. Such notification or filing The tariffs shall be submitted for approval by the designated airlines aeronautical authorities of both Contracting Parties may be required at least thirty forty-five (3045) days before the proposed date of effectiveness. In individual their introduction; in special cases, notification or filing a shorter period may be permitted on shorter notice that normally required. 3accepted by the aeronautical authorities. Neither Contracting Party shall take unilateral action to prevent If within thirty (30) days from the inauguration or continuation date of a tariff proposed to be charged or charged by a designated airline of either Contracting Party for international air services between receipt, the territories of the Contracting Parties, or a designated airline aeronautical authorities of one Contracting Party have not notified the aeronautical authorities of the other Contracting Party that they are dissatisfied with the tariff submitted to them, such tariff shall be considered to be acceptable and shall come into effect on the date stated in the proposed tariff. In the event that a shorter period for international air services the submission of a tariff is accepted by the aeronautical authorities, they may also agree that the period for giving notice of dissatisfaction be less than thirty (30) days. 4. If a notice of dissatisfaction has been filed in accordance with paragraph 3 of this Article, the aeronautical authorities of the Contracting Parties shall hold consultations in accordance with Article 17 of this Agreement and endeavour to determine the tariff by agreement between themselves. 5. If the territory aeronautical authorities cannot agree on any tariff submitted to them under paragraph 3 of this Article or on the determination of any tariff under paragraph 4 of this Article, the dispute shall be settled in accordance with the provisions of Article 18 of this Agreement. 6. If the aeronautical authorities of one of the Contracting Parties become dissatisfied with an established tariff, they shall so notify the aeronautical authorities of the other Contracting Party and the territory of any other Statedesignated airlines shall attempt, including in both cases transportation on where required, to reach an interline basisagreement. If either Contracting Party believes that any such within the period of ninety (90) days from the date of receipt of a notice of dissatisfaction, a new tariff is inconsistent cannot be established, the procedures as set out in paragraphs 4 and 5 of this Article shall apply. 7. When tariffs have been established in accordance with the considerations set forth in paragraph 1 provisions of this Article, it those tariffs shall request consultations and notify remain in force until new tariffs have been established in accordance with the other provisions of this Article or Article 18 of this Agreement. 8. No tariff shall come into force if the aeronautical authorities of either Contracting Party are dissatisfied with it except under the provision of the reasons for its dissatisfaction as soon as possibleparagraph 4 of Article 18 of this Agreement. 9. These consultations shall be held not later than thirty (30) days after receipt The aeronautical authorities of the request and the both Contracting Parties shall cooperate in securing endeavour to ensure that the information necessary for a reasoned resolution of tariffs charged and collected conform to the issue. If the Contracting Parties reach an agreement with respect tariffs approved by them and are not subject to a tariff for which a notice of dissatisfaction has been given, each Contracting Party shall use its best efforts to put that agreement into effect. Without such mutual agreement, the tariff shall go into effect or continue in effectrebates.

Appears in 1 contract

Samples: Air Transport Agreement

Tariffs. 1. Each Contracting Party shall allow tariffs for air services to be established decided by each designated airline based upon on commercial considerations in the marketplace. Intervention Interventions by the Contracting Parties shall be limited to: (a) prevention Prevention of unreasonably unreasonable or discriminatory tariffs or practices; or; (b) protection Protection of consumers from tariffs that are unreasonably high or restrictive due to the abuse of a dominant position; orand (c) protection Protection of airlines from against tariffs that are artificially low due to because of direct or indirect governmental subsidy government subsidies or support. 2. Each Contracting Party may require, on a non-discriminatory basis, require notification to and registration or filing with its aeronautical authorities of the tariffs to that must be charged for services to or from its territory by the designated airlines of the other Contracting Party. Such notification or filing by the designated airlines of both Contracting Parties may be required at least thirty (30) no more than 60 days before the proposed date of effectiveness. In individual cases, notification or filing may be permitted authorized on shorter notice that than normally required. 3. Neither Contracting Party shall take unilateral action to prevent the inauguration or continuation of a tariff proposed to be charged offered or charged by a designated (a) an airline of either of the Contracting Party Parties or an airline of a third country for international air services transportation between the territories of the Contracting Parties, Parties or a designated (b) an airline of one either of the Contracting Party Parties or an airline of a third country for international air services transportation between the territory of the other Contracting Party and the territory of any other Statecountry, including in both cases transportation on an interline or intraline basis. If either a Contracting Party believes that any such tariff is inconsistent with the considerations set forth out in paragraph 1 (a) of this Articlearticle, it shall may request consultations and notify the other Contracting Party of the reasons for its dissatisfaction as soon as possibledissatisfaction. These The consultations shall be held not later than thirty (30) 30 days after receipt of the request and the Contracting Parties shall cooperate in securing the information necessary for a reasoned resolution of the issue. If the Contracting Parties reach an agreement with respect to a tariff for which a notice of dissatisfaction has been given, each Contracting Party shall use its best efforts to put that agreement into effect. Without such If no mutual agreementagreement is reached, the tariff shall go into effect or continue in effect. 4. Notwithstanding paragraph 3 of this article, each Contracting Party shall permit (a) any airline of either Contracting Party (or of a third country) to respond to a lower or more competitive tariff offered or charged by any other airline for international air transportation between the territories of the Contracting Parties and (b) any airline of a Contracting Party to respond to a lower or more competitive tariff offered or charged by any other airline for international air transportation between the territory of the other Contracting Party and a third country. As used in this Agreement, the term “meet” means the right to establish in a timely manner, through the necessary expedited procedures, the same or similar tariff, or such tariff through a combination of tariffs, on a direct, interline, or intraline basis, notwithstanding differences in conditions relating to route, round-trip requirements, connections, or type of service or aircraft. 5. Notwithstanding the provisions of paragraphs 1, 2, 3 and 4 of this article, the tariffs charged by the designated airline or airlines of the Republic of the Congo for carriage wholly within the European Union shall be subject to European Union law.

Appears in 1 contract

Samples: Agreement on Air Transport

Tariffs. 1. Each The tariffs to be applied by the designated airline or airlines of a Contracting Party for services covered by this Agreement shall allow tariffs for air services to be established by each designated airline based upon at reasonable levels, due regard being paid to all relevant factors, including interests of users, cost of operation, characteristics of service, reasonable profit, tariffs of other airlines, and other commercial considerations in the marketplacemarket-place. Intervention by the The Contracting Parties shall agree to give particular attention to tariffs which may be limited to: a) prevention of objectionable because they appear unreasonably discriminatory tariffs or practices; or b) protection of consumers from tariffs that are unreasonably discriminatory, unduly high or restrictive due to because of the abuse of a dominant position; or c) protection of airlines from tariffs that are , artificially low due to because of direct or indirect governmental subsidy or support. 2, or “predatory”. The tariffs shall, wherever possible, be agreed by the designated airlines concerned of both Contracting Parties, after discussion as required with their respective governments and, if applicable, consultation with other airlines. Such agreement shall, wherever possible, be reached by the use of the appropriate international tariff coordination mechanism. Failing any multilateral or bilateral agreement, each designated airline may develop tariffs individually. Each Contracting Party may require, on a non-discriminatory basis, require notification to and registration or filing with its aeronautical authorities of tariffs to be charged proposed by the designated airline(s) of the other Contracting Party for carriage to or from its territory by the designated airlines of the other Contracting Partyterritory. Such notification or filing by the designated airlines of both Contracting Parties may be required at least thirty (30) not more than ___ days before the proposed date of effectivenessintroduction. In individual special cases, notification or filing this period may be permitted on shorter notice that normally required. 3reduced. Neither Each Contracting Party shall take unilateral action have the right to prevent approve or disapprove tariffs for one-way or round-trip carriage between the inauguration territories of the two Contracting Parties which commences in its own territory. Approval of tariffs consequent upon the provisions of Paragraph 5 above may be given expressly by either Contracting Party to the airline(s) filing the tariffs. However, if the Contracting Party concerned has not given in writing to the other Contracting Party [and or continuation the airline(s) concerned] notice of a disapproval of such tariffs of the airline(s) of the other Contracting Party within __ days from the date of submission, the tariffs concerned shall be considered approved. In the event of the period of submission being reduced in accordance with Paragraph 4, the Contracting Parties may agree that the period within which any disapproval shall be given be reduced accordingly. Each Contracting Party may request consultation regarding any tariff proposed to be charged or charged by a designated of an airline of either Contracting Party for international air services between the territories of the Contracting Parties, or a designated airline of one Contracting Party for international air services between the territory of the other Contracting Party and the territory of any other Statecovered by this Agreement, including in both cases transportation on an interline basiswhere the tariff concerned has been subject to a notice of disapproval or dissatisfaction. If either Contracting Party believes that any such tariff is inconsistent with the considerations set forth in paragraph 1 of this Article, it shall request consultations and notify the other Contracting Party of the reasons for its dissatisfaction as soon as possible. These Such consultations shall be held not later than thirty (30) ___ days after receipt of the request and the request. The Contracting Parties shall cooperate in securing the information necessary for a reasoned resolution of the issueissues. If the Contracting Parties reach an agreement with respect to a tariff for which a notice of dissatisfaction has been givenagreement, each Contracting Party shall use its best efforts to put that agreement into effect. Without such mutual agreementIf no agreement is reached, the tariff decision of the Contracting Party in whose territory the carriage originates shall go into effect or continue in effectprevail.

Appears in 1 contract

Samples: Air Services Agreement

Tariffs. 1. Each Contracting Party shall allow tariffs for air services to be established by each designated airline based upon commercial considerations in the marketplace. Intervention by the The Contracting Parties shall agree to give particular attention to tariffs which may be limited to: a) prevention of objectionable because they appear unreasonably discriminatory tariffs or practices; or b) protection of consumers from tariffs that are unreasonably discriminatory, unduly high or restrictive due to because of the abuse of a dominant position; or c) protection of airlines from tariffs that are , artificially low due to direct or because of indirect governmental subsidy or supportsupport or, “ predatory”. 2. Each Contracting Party may require, on a non-discriminatory basis, require notification to and registration or filing with its aeronautical authorities filling of tariffs to be charged proposed by the designated airline(s) of the other Contracting Party for carriage to or from its territory by the designated airlines of the other Contracting Partyterritory. Such notification or filing by the designated airlines of both Contracting Parties may be required at least thirty not more than 30 (30thirty) days before the proposed date of effectivenessintroduction. In individual special cases, notification or filing this period may be permitted on shorter notice that normally requiredreduced. 3. Neither Contracting Party shall take unilateral action to prevent the inauguration or continuation of a proposed tariff proposed to be charged or charged by a designated airline on the basis of either Contracting Party for international air services carriage between the territories of the Contracting Parties, Parties or a designated airline of one Contracting Party for international air services between the territory of the other Contracting Party and that of a third State. 4. Approval of tariffs consequent upon the territory provisions of any other State, including in both cases transportation on an interline basis. If Paragraph (3) of this Article may be given expressly by either Contracting Party believes to the airline(s) filing the tariffs. Where either Contracting Party believe that any such tariff is inconsistent with a tariffs falls within the considerations set forth categories described in paragraph 1 Paragraph (1) of this Article, it such Contracting Party shall request consultations and notify give notice of dissatisfaction to the other Contracting Party of the reasons for its dissatisfaction as soon as possible, and may avail itself of the consultation procedures set out in Paragraph (5) of this Article. These consultations However, unless both Contracting Parties have agreed in writing to disapprove the tariffs concerned under those procedures the tariffs shall be considered approved. 5. Each Contracting Party may request consultation regarding any tariff of an airline of either Contracting Party for services covered by this Agreement, including where the tariff concerned has been subject to a notice of dissatisfaction. Such consultation shall be held not later than thirty 30 (30thirty) days after receipt of the request and the request. The Contracting Parties shall cooperate in securing the information necessary for a reasoned reasonable resolution of the issue. If the Contracting Parties reach an agreement with respect to a tariff for which a notice of dissatisfaction has been given, each Contracting Party shall use its best efforts to put that agreement into effect. Without such mutual agreement, effect but if no agreement is reached the tariff in question shall go into effect or continue in effect. 6. Approval may be given expressly. However, if neither of the aeronautical authorities of the Contracting Parties has expressed disapproval of the proposed tariffs within a reasonable period if possible, or within thirty 30 (thirty) days from the date of submission, these tariffs shall be considered approved. In the event of the period for submission being reduced in accordance with Paragraph (5) of this Article the aeronautical authorities may agree that the period within which any disapproval must be notified shall also be reduced accordingly. 7. If a tariff cannot be agreed in accordance with Paragraphs (3) and (4) of this Article, or if during the period applicable in accordance with Paragraph (5) of this Article a notice of disapproval has been given, the aeronautical authorities of the Contracting Parties shall endeavor to determine the tariff by agreement between themselves. 8. If the aeronautical authorities of the Contracting Parties cannot determine a tariff in accordance with Paragraph (7) of this Article, the dispute shall be settled in accordance with the provisions of Article (24) of this Agreement. 9. A tariff established in accordance with the provisions of this Article shall remain in force until a new tariff has been established. Nevertheless, a tariff shall not be prolonged by virtue of this Paragraph for more than 12 (twelve) months after the date on which it would otherwise have expired.

Appears in 1 contract

Samples: Air Services Agreement

Tariffs. (1. Each ) The tariffs to be applied by the designated airline or airlines of a Contracting Party for services covered by this Agreement shall allow tariffs for air services to be established by each designated airline at reasonable levels based upon commercial considerations in the marketplace. Intervention by the , including but not limited to interests of users, cost of operation, characteristics of services, commission rates and reasonable profit. (2) The Contracting Parties shall agree to give particular attention to tariffs which may be limited to: a) prevention of objectionable because, for example, they appear unreasonably discriminatory tariffs or practices; or b) protection of consumers from tariffs that are unreasonably discriminatory, unduly high or restrictive due to because of the abuse of a dominant position; or c) protection of airlines from tariffs that are , or artificially low due to direct or indirect governmental subsidy or supportlow. 2. Each (3) A Contracting Party may require, on a non-discriminatory basis, require notification to and registration or filing with its aeronautical authorities of tariffs to be charged proposed by the designated airline(s) of both Contracting Parties for carriage to or from its territory by the designated airlines of the other Contracting Partyarea. Such notification or filing by the designated airlines of both Contracting Parties may be required at least thirty not more than forty-five (3045) days before the proposed date of effectivenessintroduction. In individual special cases, notification or filing this period may be permitted on shorter notice that normally requiredreduced with express agreement of the Contracting Party. 3(4) Each Contracting Party shall have the right to approve or disapprove tariffs for one-way or round-trip carriage between the areas of the two Contracting Parties which commences in its own area. The tariffs to be charged by a designated airline of one Contracting Party for carriage between the area of the other Contracting Party and that of a third State on services covered by this agreement shall be subject to the approval requirements, if any, of the other Contracting Party. Neither Contracting Party shall take unilateral action to prevent the inauguration of proposed tariffs or the continuation of effective tariffs for one-way or round-trip carriage between the areas of the two Contracting Parties commencing in the area of that other Contracting Party. (5) Approval of tariffs consequent upon the provisions of paragraph (4) above may be given expressly by either Contracting Party to the airline(s) filing the tariffs. However, if the Contracting Party concerned has not given in writing to the other Contracting Party or the airline(s) concerned notice of disapproval of such tariffs of the airline(s) of the other Contracting Party within thirty (30) days from the date of submission, the tariffs concerned shall be considered approved. In the event of the period of submission being reduced in accordance with paragraph (3), the Contracting Parties may agree that the period within which any disapproval shall be given be reduced accordingly. (6) Where either Contracting Party believes that a tariff proposed for carriage to be charged its area falls within the categories described in paragraph (2) above, that Contracting Party shall give notice of dissatisfaction to the other Contracting Party, as soon as possible and at least, within thirty (30) days of the date of notification or charged by a designated filing of the tariff, and may avail itself of the consultation procedures set out in paragraph (7) below. (7) Without prejudice to Article 17 (Consultation), each Contracting Party may require consultation regarding any tariff of an airline of either Contracting Party for international air services between the territories of the Contracting Parties, or a designated airline of one Contracting Party for international air services between the territory of the other Contracting Party and the territory of any other Statecovered by this Agreement, including in both cases transportation on an interline basiswhere the tariff concerned has been subject to a notice of disapproval or dissatisfaction. If either Contracting Party believes that any such tariff is inconsistent with the considerations set forth in paragraph 1 of this Article, it shall request consultations and notify the other Contracting Party of the reasons for its dissatisfaction as soon as possible. These Such consultations shall be held not later than thirty (30) days after receipt of the request and the request. The Contracting Parties shall cooperate in securing the information necessary for a reasoned resolution of the issueissues. If the Contracting Parties reach an agreement with respect to a tariff for which a notice of dissatisfaction has been givenagreement, each Contracting Party shall use its best efforts to put that agreement into effect. Without such mutual agreementIf no agreement is reached, the decision of the Contracting Party in whose area the carriage originates shall prevail. (8) A tariff established in accordance with the provisions of this clause shall remain in force, unless withdrawn by the airline(s) concerned or until a new tariff has been approved. However, a tariff shall go into effect not be prolonged for more than twelve (12) months after the date on which it otherwise would have expired unless approved by the Contracting Parties. Where a tariff has been approved without an expiry date and where no new tariff has been filed and approved, that tariff shall remain in force until either of the Contracting Parties gives notice terminating its approval on its own initiative or continue in effectat the request of the airline(s) concerned. Such termination shall not take place with less than sixty (60) days.

Appears in 1 contract

Samples: Air Services Agreement