- 1
- Each Party shall allow Tariffs for air transportation to be established by each Designated Airline based upon commercial considerations in the marketplace. Intervention by the Parties shall be limited to:
-
- 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
- Either Party may require notification or filing of any Tariff to be charged by the Designated Airline or Airlines of the other Party. Tariffs may remain in effect unless subsequently disapproved under paragraph 3 of this Article.
- 3
- Neither Party shall take unilateral action to prevent the inauguration or continuation of a Tariff charged or proposed to be charged by a) an Airline of either Party for international air transportation between the territories of the Parties, or b) an Airline of one Party for international air transportation between the Territory of the other Party and any other country.
- 4
- If either 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 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 Parties shall co-operate in securing information necessary for reasoned resolution of the issue. If the Parties reach agreement with respect to a Tariff for which a notice of dissatisfaction has been given, each Party shall use its best efforts to put that agreement into effect. Without such mutual agreement, the new Tariff shall neither take effect nor continue to be in effect.
