- 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:
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- a)prevention of unreasonably discriminatory Tariffs or practices;
- b)protection of consumers from Tariffs that are unreasonably high or restrictive due to the abuse of a dominant position; and
- c)protection of Airlines from Tariffs that are artificially low due to direct or indirect governmental subsidy or support.
- 2
- Each Contracting Party may, for information purposes only, require notification to its Aeronautical Authorities of any Tariff to be charged to or from its Territory by the Designated Airline or Airlines of the other Contracting Party. Tariffs may remain in effect unless subsequently disapproved under paragraph 3 of this Article.
- 3
- Neither Contracting Party shall take unilateral action to prevent the inauguration or continuation of a Tariff charged or proposed to be charged by:
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- a)an Airline of either Contracting Party for International Air Service between the Territories of the Contracting Parties, or
- b)an Airline of one Contracting Party for International Air Service between the Territory of the other Contracting Party and that of any other country.
- 4
- If either Contracting Party considers any such Tariff 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 co-operate in securing information necessary for reasoned resolution of the issue. If the Contracting Parties reach 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 new Tariff shall go into effect or continue to be in effect.
- 5
- Notwithstanding the provisions of this Article, the Tariffs to be charged by the Designated Airline(s) of the Republic of Chile for carriage wholly within the European Union shall be subject to European Union law.
