- 1
- Each Contracting Party shall allow Tariffs for air transportation 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 require, for information purposes only and on a non-discriminatory basis, the notification or prior filing with its Aeronautical Authorities, of Tariffs 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 at least thirty (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 a Designated Airline to file a Tariff on short notice, the Tariff shall become effective on the proposed date for traffic originating in the Territory of that Contracting Party.
- 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 Services between the Territories of the Contracting Parties; or
- b)an Airline of one Contracting Party for International Air Services 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 neither take effect nor continue to be in effect.
