- 1
- Each Contracting Party shall allow tariffs for air transportation to be established by each designated airline based upon commercial consideration in the marketplace. Intervention by the Contracting Parties shall be limited to:
-
- a)prevention of predatory or discriminatory prices or practices;
- b)protection of consumers from tariffs that are unduly high or restrictive because of the abuse of a dominant position; and
- c)protection of airlines from tariffs that are artificially low because of direct or indirect governmental subsidy or support.
- 2
- Each Contracting Party may require notification to or filing with its Aeronautical Authorities of tariffs proposed to be charged to or from its territory by airlines of the other Contracting Party. Notification or filing by the airlines of both Contracting Parties may be required no more than sixty (60) days before the proposed date of effectiveness. In individual cases, notification or filing may be permitted on shorter notice than normally required.
- 3
- If either Contracting Party believes that any such tariff is 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 cooperate 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. If the agreement between the Aeronautical authorities cannot be reached, the dispute shall be settled in accordance with the provisions of Article 15 of the present Agreement.
