User Charges. 1. Subject to the transitional provisions set out in Annex I to this Agreement, the Parties shall ensure that their relevant legislation, rules or procedures comply with the regulatory requirements and standards relating to air transport specified in Part A of Annex II to this Agreement. 2. Each Party shall ensure that user charges that may be imposed by its competent charging authorities or bodies on the air carriers of the other Party for the use of air navigation and air traffic control shall be cost-related and non-discriminatory. In any event, any such user charges shall be assessed on the air carriers of the other Party on terms not less favourable than the most favourable terms available to any other air carrier. 3. Each Party shall ensure that user charges that may be imposed by its competent charging authorities or bodies on the air carriers of the other Party for the use of airport, aviation security and related facilities and services, with the exception of charges levied with respect to the services described in Article 9(7) of this Agreement, shall not be unjustly discriminatory, shall not discriminate on grounds of nationality and shall be equitably apportioned among categories of users. Without prejudice to Article 16(1), these charges shall reflect, but shall not exceed, the full cost to the competent charging authorities or bodies of providing the appropriate airport and aviation security facilities and services at that airport or those airports at which a common charging system applies. These charges may include a reasonable return on assets, after depreciation. Facilities and services for which user charges are imposed shall be provided on an efficient and economic basis. In any event, these charges shall apply to the air carriers of the other Party on terms not less favourable than the most favourable terms available to any other air carrier at the time the charges are applied. 4. Each Party shall require the competent charging authorities or bodies in its territory and the air carriers using the services and facilities to undertake consultations and to exchange such information as may be necessary to permit an accurate assessment of the reasonableness of the charges in accordance with the principles set out in paragraphs 2 and 3 of this Article. Each Party shall ensure that the competent charging authorities or bodies shall provide users with reasonable notice of any proposal for changes in user charges to enable users to express their views and provide comments before any changes are made.
Appears in 4 contracts
Samples: Common Aviation Area Agreement, Common Aviation Agreement, Common Aviation Area Agreement
User Charges. 1. Subject to the transitional provisions set out in Annex I to this Agreement, the Parties shall ensure that their relevant legislation, rules or procedures comply with the regulatory requirements and standards relating to air transport specified in Part A of Annex II to this Agreement.
2. Each Party shall ensure that user User charges that may be imposed by its the competent charging charg- ing authorities or bodies of each Party on the air carriers airlines of the other Party for the use of air navigation and air traffic control shall be cost-related just, reasonable, not unjustly discriminatory, and non-discriminatoryequitably apportioned among categories of users. In any event, any such user charges shall be assessed on the air carriers airlines of the other Party on terms not less favourable than the most favourable favour- able terms available to any other air carrierairline at the time the charges are assessed.
32. Each Party shall ensure that user User charges that may be imposed by its competent charging authorities or bodies on the air carriers airlines of the other Party for the use of airport, aviation security and related facilities and services, with the exception of charges levied with respect to the services described in Article 9(7) of this Agreement, shall not be unjustly discriminatory, shall not discriminate on grounds of nationality and shall be equitably apportioned among categories of users. Without prejudice to Article 16(1), these charges shall may reflect, but shall not exceed, the full cost to the competent charging charg- ing authorities or bodies of providing the appropriate airport, airport environmental, air navigation, and aviation security facilities facili- ties and services at that the airport or those airports at which a common charging system applieswithin the airport system. These Such charges may include a reasonable return on assets, after depreciationdepre- ciation. Facilities and services for which user charges are imposed made shall be provided on an efficient and economic basis. In any event, these charges shall apply to the air carriers of the other Party on terms not less favourable than the most favourable terms available to any other air carrier at the time the charges are applied.
43. Each Party shall require encourage consultations between the competent com- petent charging authorities or bodies in its territory and the air carriers air- lines using the services and facilities to undertake consultations facilities, and shall encourage the competent charging authorities or bodies and the airlines to exchange such information as may be necessary to permit an accurate assessment review of the reasonableness of the charges in accordance accor- dance with the principles set out in of paragraphs 1 and 2 and 3 of this Article. Each Party shall ensure that encourage the competent charging authorities or bodies shall to provide users with reasonable notice of any proposal pro- posal for changes in user charges to enable users to express their views and provide comments before any changes are made.
4. Neither Party shall be held, in dispute resolution procedures pursuant to Article 19, to be in breach of a provision of this Article, unless (a) it fails to undertake a review of the charge or practice that is the subject of complaint by the other Party within a reasonable amount of time; or (b) following such a review it fails to take all steps within its power to remedy any charge or practice that is inconsistent with this Article.
Appears in 2 contracts
User Charges. 1. Subject to the transitional provisions set out in Annex I to this Agreement, the Parties shall ensure that their relevant legislation, rules or procedures comply with the regulatory requirements and standards relating to air transport specified in Part A of Annex II to this Agreement.
2. Each Party shall ensure that user 1 - User charges that may be imposed by its the competent charging authorities or bodies of each Contracting Party on the air carriers airlines of the other Contracting Party for the use of air navigation and air traffic control shall be cost-related just, reasonable, not unjustly discriminatory, and non-discriminatoryequitably apportioned among categories of users. In any event, any such user charges shall be assessed on the air carriers airlines of the other Contracting Party on terms not less favourable favorable than the most favourable favorable terms available to any other air carrierairline at the time the charges are assessed.
3. Each Party shall ensure that user 2 - User charges that may be imposed by its competent charging authorities or bodies on the air carriers airlines of the other Contracting Party for the use of airport, aviation security and related facilities and services, with the exception of charges levied with respect to the services described in Article 9(7) of this Agreement, shall not be unjustly discriminatory, shall not discriminate on grounds of nationality and shall be equitably apportioned among categories of users. Without prejudice to Article 16(1), these charges shall may reflect, but shall not exceed, the full cost to the competent charging authorities or bodies of providing the appropriate airport, airport environmental, air navigation, and aviation security facilities and services at that the airport or those airports at which a common charging system applieswithin the airport system. These Such charges may include a reasonable return on assets, after depreciation. Facilities and services for which user charges are imposed made shall be provided on an efficient and economic basis. In any event, these charges shall apply to the air carriers of the other Party on terms not less favourable than the most favourable terms available to any other air carrier at the time the charges are applied.
4. 3 - Each Contracting Party shall require encourage consultations between the competent charging authorities or bodies in its territory and the air carriers airlines using the services and facilities to undertake consultations facilities, and shall encourage the competent charging authorities or bodies and the airlines to exchange such information as may be necessary to permit an accurate assessment review of the reasonableness of the charges in accordance with the principles set out in of paragraphs 2 )1( and 3 )2( of this Article. Each Contracting Party shall ensure that encourage the competent charging authorities or bodies shall to provide users with reasonable notice of any proposal for changes in user charges to enable users to express their views and provide comments before any changes are made.
4 - Neither Contracting Party shall be held, in dispute resolution procedures pursuant to Article )14(, to be in breach of a provision of this Article, unless : i - it fails to undertake a review of the charge or practice that is the subject of complaint by the other Contracting Party within a reasonable amount of time; or ii - following such a review it fails to take all steps within its power to remedy any charge or practice that is inconsistent with this Article.
Appears in 1 contract
Samples: Air Transport Agreement
User Charges. 1. Subject to the transitional provisions set out in Annex I to this Agreementannex I, the Parties shall ensure that their relevant legislation, rules or procedures comply with the regulatory requirements and standards relating to air transport specified in annex II, Part A of Annex II to this Agreement.a.
2. Each Party shall ensure that user charges that may be imposed by its competent charging authorities or bodies on the air carriers of the other Party for the use of air navigation and air traffic control shall be are cost-related and non-discriminatory. In any event, any such user charges shall be assessed imposed on the air carriers of the other Party on terms not less favourable than the most favourable terms available to any other air carrier.
3. Each Party shall ensure that user charges that may be imposed by its competent charging authorities or bodies on the air carriers of the other Party for the use of airport, aviation security and related facilities and services, with the exception of charges levied with respect to the services described in Article article 9(7) of this Agreement), shall are not be unjustly discriminatory, shall do not discriminate on grounds of nationality and shall be are equitably apportioned among categories of users. Without prejudice to Article article 16(1), these such user charges shall reflect, but shall not exceed, the full cost to the competent charging authorities or bodies of providing the appropriate airport and aviation security facilities and services at that airport or those airports at which a common charging system applies. These Such user charges may include a reasonable return on assets, after depreciation. Facilities and services for which user charges are imposed shall be provided on an efficient and economic basis. In any event, these such user charges shall apply to the air carriers of the other Party on terms not less favourable than the most favourable terms available to any other air carrier at the time the charges are applied.
4. Each Party shall require the competent charging authorities or bodies in its territory and the air carriers using the services and facilities to undertake consultations and to exchange such information as may be necessary to permit an accurate assessment of the reasonableness of the user charges in accordance with the principles set out in paragraphs 2 and 3 of this Article3. Each Party shall ensure that the competent charging authorities or bodies shall provide users with reasonable notice of any proposal for changes in user charges in order to enable users to express their views and provide comments before any changes are made.
Appears in 1 contract
Samples: Common Aviation Area Agreement
User Charges. 1. Subject to the transitional provisions set out in Annex I to this Agreement, the Parties shall ensure that their relevant legislation, rules or procedures comply with the regulatory requirements and standards relating to air transport specified in Part A of Annex II to this Agreement.
2. Each Party shall ensure that user charges that may be imposed by its competent charging authorities or bodies on the air carriers of the other Party for the use of air navigation and air traffic control shall be cost-related and non-discriminatory. In any event, any such user charges shall be assessed on the air carriers of the other Party on terms not no less favourable than the most favourable terms available to any other air carrier.
32. Each Party shall ensure that user charges that may be imposed by its competent charging authorities or bodies on the air carriers of the other Party for the use of airport, aviation security and related facilities and services, with the exception of charges levied with respect to the services described in paragraph 5 of Article 9(7) 8 of this Agreement, shall not be unjustly discriminatory, shall not discriminate on grounds of nationality discriminatory and shall be equitably apportioned among categories of users. Without prejudice to Article 16(1), these These charges shall reflect, but shall not exceed, the full cost to the competent charging authorities or bodies of providing the appropriate airport and aviation security facilities and services at that airport or those airports at which a common charging system applies. These charges may include a reasonable return on assets, after depreciation. Facilities and services for which user charges are imposed shall be provided on an efficient and economic basis. In any event, these charges shall apply to the air carriers of the other Party on terms not less favourable than the most favourable terms available to any other air carrier at the time the charges are applied.
43. Each Party shall require the competent charging authorities or bodies in its territory and the air carriers using the services and facilities to undertake consultations and to exchange such information as may be necessary to permit an accurate assessment of the reasonableness of the charges in accordance with the principles set out in paragraphs 1 and 2 and 3 of this Article. Each Party shall ensure that the The competent charging authorities or bodies shall provide users with reasonable notice of any proposal for changes in user charges to enable users to express their views and provide comments before any changes are made.
Appears in 1 contract
Samples: Air Transport Agreement
User Charges. 1. Subject to the transitional provisions set out in Annex I to this Agreement, the Parties shall ensure that their relevant legislation, rules or procedures comply with the regulatory requirements and standards relating to air transport specified in Part A of Annex II to this Agreement.
2. Each Party shall ensure that user User charges that may be imposed by its the competent charging authorities or bodies of each Contracting Party on the air carriers designated airlines of the other Contracting Party for the use of air navigation and air traffic control shall be cost-related just, reasonable, not unjustly discriminatory, and non-discriminatoryequitably apportioned among categories of users. In any event, any such user charges shall be assessed on the air carriers designated airlines of the other Contracting Party on terms not less favourable than the most favourable terms available to any other air carrierairline at the time the charges are assessed.
32. Each Party shall ensure that user User charges that may be imposed by its competent charging authorities or bodies on the air carriers designated airlines of the other Contracting Party for the use of airport, aviation security and related facilities and services, with the exception of charges levied with respect to the services described in Article 9(7) of this Agreement, shall not be unjustly discriminatory, shall not discriminate on grounds of nationality and shall be equitably apportioned among categories of users. Without prejudice to Article 16(1), these charges shall may reflect, but shall not exceed, the full cost to the competent charging authorities or bodies of providing the appropriate airport, airport environmental, air navigation and aviation security facilities and services at that the airport or those airports at which a common charging system applieswithin the airport system. These charges Such full cost may include a reasonable return on assets, assets after depreciation. Facilities and services for which user charges are imposed made shall be provided on an efficient and economic basis. In any event, these charges shall apply to the air carriers of the other Party on terms not less favourable than the most favourable terms available to any other air carrier at the time the charges are applied.
43. Each Contracting Party shall require encourage consultations between the competent charging authorities or bodies in its territory and the air carriers airlines using the services and facilities to undertake consultations facilities, and shall encourage the competent charging authorities or bodies and the airlines to exchange such information as may be necessary to permit an accurate assessment review of the reasonableness of the charges in accordance with the principles set out in of paragraphs 1 and 2 and 3 of this Article. Each Contracting Party shall ensure that encourage the competent charging authorities or bodies shall to provide users with reasonable notice of any proposal for changes in user charges to enable users to express their views and provide comments before any changes are made.
4. Neither Contracting Party shall be held, in dispute resolution procedures pursuant to Article 23 of this Agreement, to be in breach of a provision of this Article, unless (i) it fails to undertake a review of the charge or practice that is the subject of complaint by the other Contracting Party within a reasonable amount of time; or (ii) following such a review it fails to take all steps within its power to remedy any charge or practice that is inconsistent with this Article.
Appears in 1 contract
Samples: Air Services Agreement
User Charges.
1. Subject to the transitional provisions set out in Annex I to this Agreement, the Parties shall ensure that their relevant legislation, rules or procedures comply with the regulatory requirements and standards relating to air transport specified in Part A of Annex II to this Agreement.
2. Each Party shall ensure that user User charges that may be imposed on the airlines of one Party by its competent charging authorities or bodies on within the air carriers territory of the other Party for on the use airlines of air navigation and air traffic control the other Party shall be cost-related just, reasonable, non discriminatory, equitably apportioned among categories of users and non-discriminatoryapplicable only to civil aviation facilities and services used by such airlines. In any event, any such user charges shall be assessed on the air carriers airlines of the other Party on terms not less favourable than the most favourable terms available to any other air carrierairline at the time the charges are assessed.
32. Each Party shall ensure that user User charges that may be imposed by its competent charging authorities or bodies on the air carriers airlines of the other Party for the use of airport, aviation security and related facilities and services, with the exception of charges levied with respect to the services described in Article 9(7) of this Agreement, shall not be unjustly discriminatory, shall not discriminate on grounds of nationality and shall be equitably apportioned among categories of users. Without prejudice to Article 16(1), these charges shall may reflect, but shall not exceed, the full cost to the competent charging authorities or bodies of providing the appropriate civil aviation services and facilities including airport, airport environmental, air navigation, and aviation security facilities and services at that the airport or those airports at which a common charging system applieswithin the airport system. These Such charges may include a reasonable return on assets, after depreciation. Facilities and services for which user charges are imposed made shall be provided on an efficient and economic basis. In any event, these charges shall apply to the air carriers of the other Party on terms not less favourable than the most favourable terms available to any other air carrier at the time the charges are applied.
43. Each Party shall require the competent encourage consultations between charging authorities or bodies in its territory and the air carriers airlines using the services and facilities to undertake consultations facilities. The Parties shall also encourage such charging authorities or bodies and the airlines to exchange such information as may be necessary to permit an accurate assessment of the reasonableness of, justification for and apportionment of the charges in accordance with the principles set out in of paragraphs 1 and 2 and 3 of this Article. In any event, each Party and its airlines shall have the right to reasonably assess on an independent basis the consistency, within the provisions of this article, of user charges imposed within the territory of the other Party.
4. Each Party shall ensure that encourage the competent charging authorities or bodies shall to provide users with reasonable notice advance notice, which should be not less than three months, of any proposal for changes in user charges to enable users to assess such proposals and to express their views and provide comments before any changes are made. Such notice shall be issued directly to each airline’s head office or its local office in the country concerned.
5. Neither Party shall be held, in dispute resolution procedures pursuant to Article 17 (Settlement of Disputes), to be in breach of a provision of this Article, unless
(i) it fails to undertake a review of the charge or practice that is the subject of complaint by the other Party within a reasonable amount of time; or (ii) following such a review it fails to take all steps within its power to remedy any charge or practice that is inconsistent with this Article.
Appears in 1 contract
Samples: Air Services Agreement
User Charges. 1. Subject Without prejudice to the transitional provisions arrangements set out in Annex I to this Agreement, the Parties contracting parties shall ensure that their relevant legislationapplicable laws, rules or and procedures comply with ensure, as a minimum, the regulatory requirements implementation and application of the regulations and standards relating to in the area of air transport specified set out in Part part A of Annex II to this AgreementII.
2. Each Party contracting party shall ensure that any user charges that which may be imposed by its competent charging authorities or bodies on the air carriers of the other Party contracting party for the use of air navigation and air traffic control shall be services are cost-related and non-discriminatory. In any event, any such user charges shall be assessed imposed on the air carriers of the other Party contracting party on terms not No less favourable than the most favourable terms available to any other air carrier.
3. Each Contracting Party shall ensure that user charges that which may be imposed by its competent charging authorities or bodies on the air carriers of the other Party contracting party for the use of airport, aviation security and related facilities and services, with the exception of charges levied with respect to incurred for the services described in Article 9(78(5) of this Agreement(Commercial activities), shall are fair, reasonable, not be unjustly discriminatory, shall do not discriminate on the grounds of nationality and shall be are equitably apportioned among categories of users. Without prejudice to Article 16(115(1) (Air traffic management), these charges shall may reflect, but shall not exceed, the full cost to the competent charging authorities or bodies of providing the appropriate airport and aviation security facilities and services at that airport or those airports at which a common charging system applieswithin that airport's system. These The charges may include a reasonable return on assets, after depreciation. Facilities and services for which user charges are imposed shall be provided on an efficient and economic basis. In any event, these charges shall apply to be imposed on the air carriers of the other Party party on terms not No less favourable than the most favourable terms available to any other air carrier at the time the charges are appliedassessed.
4. Each Party contracting party shall require consultations between the competent charging authorities or bodies in its territory and the air carriers using the services and facilities and an exchange of information in order to undertake consultations and to exchange such information as may be necessary to permit an accurate assessment of determine in detail the reasonableness of the charges user charges, in accordance with the principles set out in of paragraphs 2 and 3 of this Article. Each Party party shall ensure that the competent charging authorities or bodies shall provide users with reasonable notice of any proposal for changes in user charges in order to enable users to express their views and provide comments before any changes are madesubmit their observations.
Appears in 1 contract