(3) The aeronautical authorities of both Contracting Parties shall apply the following provisions for the approval of tariffs to be charged by airlines of either Contracting Party for carriage between a point in one area and a point in the other
area:
(i)
(ii)
Any proposed tariff to be charged for carriage between the two areas shall be filed by or on behalf of the designated airline concerned with both aeronautical authorities at least 30 days (or such shorter period as both aeronautical authorities may agree) before it is proposed that the tariff will take effect.
A tariff so filed may be approved at any time by the aeronautical authorities. However, subject to the next two following sub-paragraphs, any such tariff shall be treated as having been approved 21 days after the day on which the filing was received unless the aeronautical authorities of both sides have informed
each other in writing within 20 days of the filing being received by them that they do not approve the proposed tariff.
(iii) Nothing in paragraph (ii) above shall prevent the aeronautical authorities of either side from unilaterally disallowing any tariff filed by one of its own designated airlines. However, such unilateral action shall be taken only if it appears to those authorities either that a proposed tariff is excessive
or that its application would constitute anti- competitive behaviour likely to cause serious damage to another airline or other airlines.
(iv)
If the aeronautical authorities of either Contracting Party consider either that a proposed tariff filed with them by a designated airline of the other Contracting Party is excessive or that its application would constitute anti-competitive behaviour likely to cause serious damage to another airline or other airlines they may, within 20 days of receiving the filing, request consultations with the aeronautical authorities of the other Contracting Party. Such consultations shall be completed within 21 days of
No comments yet.
Private notes are available after approval.