- 1
- User Charges that may be imposed and/or controlled by the competent charging authorities or bodies of each Contracting Party on the Airline(s) of the other Contracting Party shall be just, transparent, reasonable, not discriminatory, and equitably appointed among categories of users. In any event, any such Users Charges shall be imposed on the Airline(s) of the other Contracting Party on terms not less favorable than the most favorable terms available to any other Airline(s) at the time the charges are imposed.
- 2
- User Charges imposed on the Airline(s) of the other Contracting Party 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 the airport or within the airport system. Such charges may include a reasonable return on assets, after depreciation. Facilities and services for which charges are made shall be provided on an efficient and economic basis.
- 3
- Each Contracting Party shall encourage consultations between the competent charging authorities or bodies in its Territory and the Airline(s) using the services and 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 review of the reasonableness of the charges in accordance with the principles of paragraphs (1) and (2) of this Article. Each Contracting Party shall encourage the competent charging authorities to provide users with reasonable notice of any proposal for charges to enable users to express their views before changes are made.
- 4
- Neither Contracting Party shall be held to be in breach of a provision of this Article, unless:
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- (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.
