Tariffs. (1) The tariffs to be charged by the designated airlines of the Contracting Parties for carriage between Hong Kong and the United States shall be those approved by the aeronautical authorities of both Contracting Parties and shall be established at reasonable levels, due regard being had to all relevant factors, including the cost of operating the agreed services, the interests of users, reasonable profit and the tariffs of other airlines operating over the whole or part of the same route. To further the reasonable interests of users of air transport services, and to encourage the further development of civil aviation, individual airlines should be encouraged to initiate innovative, cost-based tariffs. (2) Any tariff agreements with respect to carriage by the designated airlines concluded as a result of inter-carrier discussions, including those held under the traffic conference procedures of the International Air Transport Association, or any other association of international airlines, and involving the airlines of the Contracting Parties will be subject to the approval of the aeronautical authorities of those Contracting Parties, and may be disapproved at any time whether or not previously approved. The submission of such agreements is not the filing of a tariff for the purposes of the provisions of paragraph (3) of this Article. Such agreements shall be submitted to the aeronautical authorities of both Contracting Parties for approval at least 105 days before the proposed date of effectiveness, accompanied by such justification as each Contracting Party may require of its own designated airlines. The period of 105 days may be reduced with the consent of the aeronautical authorities of the Contracting Party with whom a filing is made. The aeronautical authorities of each Contracting Party shall use their best efforts to approve or disapprove (in whole or in part) each agreement submitted in accordance with this paragraph on or before the 60th day after its submission. Each Contracting Party may require that tariffs reflecting agreements approved by it be filed and published in accordance with its laws. (3) Any proposed tariff for carriage between Hong Kong and the United States shall be filed with the aeronautical authorities of the Contracting Parties by the designated airline or airlines seeking its approval in such form as the aeronautical authorities may separately require to disclose the particulars referred to in Article 1, paragraph (i). It shall be filed not less than 40 days (or such shorter period as the aeronautical authorities of the Contracting Parties may agree) before the proposed effective date. The proposed tariff shall be treated as having been filed with the aeronautical authorities of a Contracting Party on the date on which it is received by those aeronautical authorities. (4) Any proposed tariff may be approved by the aeronautical authorities of a Contracting Party at any time and, provided it has been filed in accordance with paragraph (3) of this Article, shall be deemed to have been approved by the aeronautical authorities of that Contracting Party unless, within 30 days (or such shorter period as the aeronautical authorities of the Contracting Parties may agree) after the date of filing, the aeronautical authorities of one Contracting Party have served on the aeronautical authorities of the other Contracting Party written notice of disapproval of the proposed tariff. (5) If a notice of disapproval is given in accordance with the provisions of paragraph (4) of this Article either Contracting Party may, within 30 days of the service of the notice of disapproval, request consultations between the Contracting Parties which shall be held within 30 days from the date the other Contracting Party receives such request in writing for the purpose of attempting to reach agreement on the appropriate tariffs. (6) If agreement is reached on the appropriate tariff under paragraph (5) of this Article, each Contracting Party shall exercise its best efforts to put such tariff into effect. If an agreement is not reached prior to the proposed effective date of the tariff, or if consultations are not requested, the aeronautical authorities of the Contracting Party expressing dissatisfaction with that tariff may take action to continue in force the existing tariffs beyond the date on which they would otherwise have expired at the levels and under the conditions (including seasonal variations) set forth therein. In this event, the other Contracting Party shall similarly take any action necessary to continue the existing tariffs in effect. (7) A tariff established in accordance with the provisions of this Article shall remain valid until a replacement tariff has been established. (a) The tariffs to be charged by the designated airlines of Hong Kong for carriage between the United States and another State shall be subject to approval by the aeronautical authorities of the United States and, where appropriate, of the other State. The tariffs to be charged by the designated airlines of the United States for carriage between Hong Kong and a State other than the United States shall be subject to approval by the aeronautical authorities of Hong Kong and, where appropriate, of the other State. (b) Any proposed tariff for such carriage shall be filed by the designated airline of one Contracting Party seeking approval of such tariff with the aeronautical authorities of the other Contracting Party. It shall be filed in such form as those aeronautical authorities may require to disclose the particulars referred to in Article 1, paragraph (1) and not less than 40 days (or such shorter period as they may decide) prior to the proposed effective date. The proposed tariff shall be treated as having been filed on the date on which it is received by those aeronautical authorities. (c) Such tariff may be approved at any time by the aeronautical authorities of the Contracting Party with whom it has been filed and shall be deemed to have been approved by them unless, within 30 days after the date of filing, they have served on the designated airline seeking approval of such tariff written notice of disapproval. (d) Notwithstanding the provisions of paragraph (7), a tariff approved by virtue of paragraph (9) for carriage by a U.S. designated airline between Hong Kong and a state other than the United States or for carriage by a Hong Kong designated airline between the United States and another state shall not be prolonged past the original expiry date, if any, of the tariff to which it corresponds, if that tariff is no longer in effect or has been amended. (9) Notwithstanding the provisions of paragraphs (4) and (8)(c) of this Article, the aeronautical authorities of a Contracting Party shall not disapprove any proposed tariff filed with them by a designated airline which corresponds (e.g. in price level, conditions and date of expiry but not necessarily the routeing being used) to the tariff charged by an airline of that Contracting Party for comparable services between the same points or is more restrictive or higher than that tariff.
Appears in 2 contracts
Sources: Air Services Agreement, Air Services Agreement
Tariffs. (1) The tariffs to be charged applied by the designated airline or airlines of the a Contracting Parties Party for carriage between Hong Kong and the United States shall be those approved services covered by the aeronautical authorities of both Contracting Parties and this Agreement shall be established at reasonable levels, due regard being had to all relevant factorslevels based upon commercial considerations in the marketplace, including the cost of operating the agreed services, the but not limited to interests of users, reasonable profit and the tariffs cost of other airlines operating over the whole or part operation, characteristics of the same route. To further the reasonable interests of users of air transport services, commission rates and to encourage the further development of civil aviation, individual airlines should be encouraged to initiate innovative, cost-based tariffsreasonable profit.
(2) Any tariff agreements with respect The Contracting Parties agree to carriage give particular attention to tariffs which may be objectionable because, for example, they appear unreasonably discriminatory, unduly high or restrictive because of the abuse of a dominant position, or artificially low.
(3) A Contracting Party may require notification or filing of tariffs proposed by the designated airlines concluded as a result of inter-carrier discussions, including those held under the traffic conference procedures of the International Air Transport Association, or any other association of international airlines, and involving the airlines of the Contracting Parties will be subject to the approval of the aeronautical authorities of those Contracting Parties, and may be disapproved at any time whether or not previously approved. The submission of such agreements is not the filing of a tariff for the purposes of the provisions of paragraph (3airline(s) of this Article. Such agreements shall be submitted to the aeronautical authorities of both Contracting Parties for approval at least 105 carriage to or from its area. Such notification or filing may be required not more than forty-five (45) days before the proposed date of effectivenessintroduction. In special cases, accompanied by such justification as each Contracting Party may require of its own designated airlines. The this period of 105 days may be reduced with the consent of the aeronautical authorities express agreement of the Contracting Party with whom a filing is made. The aeronautical authorities of each Contracting Party shall use their best efforts to approve or disapprove (in whole or in part) each agreement submitted in accordance with this paragraph on or before the 60th day after its submission. Each Contracting Party may require that tariffs reflecting agreements approved by it be filed and published in accordance with its laws.
(3) Any proposed tariff for carriage between Hong Kong and the United States shall be filed with the aeronautical authorities of the Contracting Parties by the designated airline or airlines seeking its approval in such form as the aeronautical authorities may separately require to disclose the particulars referred to in Article 1, paragraph (i). It shall be filed not less than 40 days (or such shorter period as the aeronautical authorities of the Contracting Parties may agree) before the proposed effective date. The proposed tariff shall be treated as having been filed with the aeronautical authorities of a Contracting Party on the date on which it is received by those aeronautical authoritiesParty.
(4) Any proposed tariff may be approved by the aeronautical authorities of a Each Contracting Party at any time and, provided it has been filed in accordance with paragraph (3) of this Article, shall be deemed have the right to have been approved by approve or disapprove tariffs for one-way or round-trip carriage between the aeronautical authorities of that Contracting Party unless, within 30 days (or such shorter period as the aeronautical authorities areas of the two Contracting Parties may agree) after the date of filing, the aeronautical authorities which commences in its own area. The tariffs to be charged by a designated airline of one Contracting Party have served on for carriage between the aeronautical authorities area of the other Contracting Party written notice and that of disapproval a third State on services covered by this agreement shall be subject to the approval requirements, if any, of the other Contracting Party. Neither Contracting Party shall take unilateral action to prevent the inauguration of proposed tarifftariffs or the continuation of effective tariffs for one-way or round-trip carriage between the areas of the two Contracting Parties commencing in the area of that other Contracting Party.
(5) If a notice Approval of disapproval is given in accordance with tariffs consequent upon the provisions of paragraph (4) of this Article above may be given expressly by either Contracting Party mayto the airline(s) filing the tariffs. However, within 30 days if the Contracting Party concerned has not given in writing to the other Contracting Party or the airline(s) concerned notice of disapproval of such tariffs of the service airline(s) of the notice of disapproval, request consultations between the other Contracting Parties which shall be held Party within 30 thirty (30) days from the date of submission, the other tariffs concerned shall be considered approved. In the event of the period of submission being reduced in accordance with paragraph (3), the Contracting Party receives such request in writing for Parties may agree that the purpose of attempting to reach agreement on the appropriate tariffsperiod within which any disapproval shall be given be reduced accordingly.
(6) If agreement is reached on Where either Contracting Party believes that a tariff for carriage to its area falls within the appropriate tariff under categories described in paragraph (52) above, that Contracting Party shall give notice of dissatisfaction to the other Contracting Party, as soon as possible and at least, within thirty (30) days of the date of notification or filing of the tariff, and may avail itself of the consultation procedures set out in paragraph (7) below.
(7) Without prejudice to Article 17 (Consultation), each Contracting Party may require consultation regarding any tariff of an airline of either Contracting Party for services covered by this ArticleAgreement, including where the tariff concerned has been subject to a notice of disapproval or dissatisfaction. Such consultations shall be held not later than thirty (30) days after receipt of the request. The Contracting Parties shall cooperate in securing information necessary for reasoned resolution of the issues. If the Contracting Parties reach agreement, each Contracting Party shall exercise use its best efforts to put such tariff that agreement into effect. If an no agreement is not reached prior to the proposed effective date of the tariff, or if consultations are not requestedreached, the aeronautical authorities decision of the Contracting Party expressing dissatisfaction with that tariff may take action to continue in force whose area the existing tariffs beyond the date on which they would otherwise have expired at the levels and under the conditions (including seasonal variations) set forth therein. In this event, the other Contracting Party carriage originates shall similarly take any action necessary to continue the existing tariffs in effectprevail.
(7) 8) A tariff established in accordance with the provisions of this Article clause shall remain valid in force, unless withdrawn by the airline(s) concerned or until a replacement new tariff has been established.
(a) The tariffs to be charged by the designated airlines of Hong Kong for carriage between the United States and another State shall be subject to approval by the aeronautical authorities of the United States andapproved. However, where appropriate, of the other State. The tariffs to be charged by the designated airlines of the United States for carriage between Hong Kong and a State other than the United States shall be subject to approval by the aeronautical authorities of Hong Kong and, where appropriate, of the other State.
(b) Any proposed tariff for such carriage shall be filed by the designated airline of one Contracting Party seeking approval of such tariff with the aeronautical authorities of the other Contracting Party. It shall be filed in such form as those aeronautical authorities may require to disclose the particulars referred to in Article 1, paragraph (1) and not less than 40 days (or such shorter period as they may decide) prior to the proposed effective date. The proposed tariff shall not be treated as having been filed on prolonged for more than twelve (12) months after the date on which it is received by those aeronautical authorities.
(c) Such tariff may be otherwise would have expired unless approved at any time by the aeronautical authorities of the Contracting Party with whom it Parties. Where a tariff has been approved without an expiry date and where no new tariff has been filed and approved, that tariff shall be deemed to have been approved by them unless, within 30 days after remain in force until either of the date Contracting Parties gives notice terminating its approval on its own initiative or at the request of filing, they have served on the designated airline seeking approval of such tariff written notice of disapproval.
(dairline(s) Notwithstanding the provisions of paragraph (7), a tariff approved by virtue of paragraph (9) for carriage by a U.S. designated airline between Hong Kong and a state other than the United States or for carriage by a Hong Kong designated airline between the United States and another state concerned. Such termination shall not be prolonged past the original expiry date, if any, of the tariff to which it corresponds, if that tariff is no longer in effect or has been amendedtake place with less than sixty (60) days.
(9) Notwithstanding the provisions of paragraphs (4) and (8)(c) of this Article, the aeronautical authorities of a Contracting Party shall not disapprove any proposed tariff filed with them by a designated airline which corresponds (e.g. in price level, conditions and date of expiry but not necessarily the routeing being used) to the tariff charged by an airline of that Contracting Party for comparable services between the same points or is more restrictive or higher than that tariff.
Appears in 2 contracts
Sources: Air Services Agreement, Air Services Agreement
Tariffs. (1. Each Contracting Party shall allow tariffs for air services to be established by each designated airline based upon commercial considerations in the marketplace. Intervention by the Contracting Parties shall be limited to:
a) The prevention of unreasonably discriminatory tariffs or practices; or
b) protection of consumers from tariffs that are unreasonably high or restrictive due to abuse of a dominant position; or
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, on a non-discriminatory basis, notification to and registration or filing with its aeronautical authorities of tariffs to be charged to or from its territory by the designated airlines of the other Contracting Parties for carriage between Hong Kong and the United States shall be those approved Party. Such notification or filing by the aeronautical authorities designated airlines of both Contracting Parties and shall be established at reasonable levels, due regard being had to all relevant factors, including the cost of operating the agreed services, the interests of users, reasonable profit and the tariffs of other airlines operating over the whole or part of the same route. To further the reasonable interests of users of air transport services, and to encourage the further development of civil aviation, individual airlines should be encouraged to initiate innovative, cost-based tariffs.
(2) Any tariff agreements with respect to carriage by the designated airlines concluded as a result of inter-carrier discussions, including those held under the traffic conference procedures of the International Air Transport Association, or any other association of international airlines, and involving the airlines of the Contracting Parties will be subject to the approval of the aeronautical authorities of those Contracting Parties, and may be disapproved at any time whether or not previously approved. The submission of such agreements is not the filing of a tariff for the purposes of the provisions of paragraph (3) of this Article. Such agreements shall be submitted to the aeronautical authorities of both Contracting Parties for approval required at least 105 thirty (30) days before the proposed date of effectiveness. In individual cases, accompanied by such justification as each notification or filing may be permitted on shorter notice that normally required.
3. Neither Contracting Party may require shall take unilateral action to prevent the inauguration or continuation of its own a tariff proposed to be charged or charged by a designated airlines. The period airline of 105 days may be reduced with either Contracting Party for international air services between the consent of the aeronautical authorities territories of the Contracting Party with whom a filing is made. The aeronautical authorities of each Contracting Party shall use their best efforts to approve or disapprove (in whole or in part) each agreement submitted in accordance with this paragraph on or before the 60th day after its submission. Each Contracting Party may require that tariffs reflecting agreements approved by it be filed and published in accordance with its laws.
(3) Any proposed tariff for carriage between Hong Kong and the United States shall be filed with the aeronautical authorities of the Contracting Parties by the designated airline or airlines seeking its approval in such form as the aeronautical authorities may separately require to disclose the particulars referred to in Article 1, paragraph (i). It shall be filed not less than 40 days (or such shorter period as the aeronautical authorities of the Contracting Parties may agree) before the proposed effective date. The proposed tariff shall be treated as having been filed with the aeronautical authorities of a Contracting Party on the date on which it is received by those aeronautical authorities.
(4) Any proposed tariff may be approved by the aeronautical authorities of a Contracting Party at any time and, provided it has been filed in accordance with paragraph (3) of this Article, shall be deemed to have been approved by the aeronautical authorities of that Contracting Party unless, within 30 days (or such shorter period as the aeronautical authorities of the Contracting Parties may agree) after the date of filing, the aeronautical authorities of one Contracting Party have served on the aeronautical authorities of the other Contracting Party written notice of disapproval of the proposed tariff.
(5) If a notice of disapproval is given in accordance with the provisions of paragraph (4) of this Article either Contracting Party may, within 30 days of the service of the notice of disapproval, request consultations between the Contracting Parties which shall be held within 30 days from the date the other Contracting Party receives such request in writing for the purpose of attempting to reach agreement on the appropriate tariffs.
(6) If agreement is reached on the appropriate tariff under paragraph (5) of this Article, each Contracting Party shall exercise its best efforts to put such tariff into effect. If an agreement is not reached prior to the proposed effective date of the tariffParties, or if consultations are not requested, the aeronautical authorities of the Contracting Party expressing dissatisfaction with that tariff may take action to continue in force the existing tariffs beyond the date on which they would otherwise have expired at the levels and under the conditions (including seasonal variations) set forth therein. In this event, the other Contracting Party shall similarly take any action necessary to continue the existing tariffs in effect.
(7) A tariff established in accordance with the provisions of this Article shall remain valid until a replacement tariff has been established.
(a) The tariffs to be charged by the designated airlines of Hong Kong for carriage between the United States and another State shall be subject to approval by the aeronautical authorities of the United States and, where appropriate, of the other State. The tariffs to be charged by the designated airlines of the United States for carriage between Hong Kong and a State other than the United States shall be subject to approval by the aeronautical authorities of Hong Kong and, where appropriate, of the other State.
(b) Any proposed tariff for such carriage shall be filed by the designated airline of one Contracting Party seeking approval of such tariff with for international air services between the aeronautical authorities territory of the other Contracting PartyParty and the territory of any other State, including in both cases transportation on an interline basis. It shall be filed in such form as those aeronautical authorities may require to disclose the particulars referred to in Article 1, paragraph (1) and not less than 40 days (or such shorter period as they may decide) prior to the proposed effective date. The proposed tariff shall be treated as having been filed on the date on which it is received by those aeronautical authorities.
(c) Such tariff may be approved at any time by the aeronautical authorities of the If either Contracting Party with whom it has been filed and shall be deemed to have been approved by them unless, within 30 days after the date of filing, they have served on the designated airline seeking approval of believes that any such tariff written notice of disapproval.
(d) Notwithstanding is inconsistent with the provisions of considerations set forth in paragraph (7), a tariff approved by virtue of paragraph (9) for carriage by a U.S. designated airline between Hong Kong and a state other than the United States or for carriage by a Hong Kong designated airline between the United States and another state shall not be prolonged past the original expiry date, if any, of the tariff to which it corresponds, if that tariff is no longer in effect or has been amended.
(9) Notwithstanding the provisions of paragraphs (4) and (8)(c) 1 of this Article, it shall request consultations and notify the aeronautical authorities 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 the information necessary for a reasoned resolution of the issue. If the Contracting Parties reach an agreement with respect to a tariff for which a notice of dissatisfaction has been given, each Contracting Party shall not disapprove any proposed tariff filed with them by a designated airline which corresponds (e.g. in price leveluse its best efforts to put that agreement into effect. Without such mutual agreement, conditions and date of expiry but not necessarily the routeing being used) to the tariff charged by an airline of that Contracting Party for comparable services between the same points shall go into effect or is more restrictive or higher than that tariffcontinue in effect.
Appears in 2 contracts
Sources: Air Services Agreement, Air Services Agreement
Tariffs. (1) . The Contracting Parties shall allow that tariffs on the routes as specified in the Annex shall be established by each of the designated airlines, if possible after consultation between those airlines.
2. The tariffs for carriage on agreed services to be charged by and from the designated airlines territory of the other Contracting Parties for carriage between Hong Kong and the United States shall be those approved by the aeronautical authorities of both Contracting Parties and Party shall be established at reasonable levels, due regard being had paid to all relevant factors, factors including the cost of operating the agreed servicesoperation, reasonable profit, characteristics of service, the interests interest of usersusers and, reasonable profit and where it is deemed suitable, the tariffs of other airlines operating over the whole all or part of the same route. To further the reasonable interests of users of air transport services, and to encourage the further development of civil aviation, individual airlines should be encouraged to initiate innovative, cost-based tariffs.
(2) Any tariff agreements with respect to carriage by the designated airlines concluded as a result of inter-carrier discussions, including those held under the traffic conference procedures of the International Air Transport Association, or any other association of international airlines, and involving the airlines of the Contracting Parties will be subject to the approval of the aeronautical authorities of those Contracting Parties, and may be disapproved at any time whether or not previously approved3. The submission of such agreements is not the filing of a tariff for the purposes of the provisions of paragraph (3) of this Article. Such agreements tariffs shall be submitted to for approval by the aeronautical authorities of both Contracting Parties for approval at least 105 forty-five (45) days before the proposed date of effectivenesstheir introduction; in special cases, accompanied by such justification as each Contracting Party may require of its own designated airlines. The a shorter period of 105 days may be reduced with the consent of the aeronautical authorities of the Contracting Party with whom a filing is made. The aeronautical authorities of each Contracting Party shall use their best efforts to approve or disapprove (in whole or in part) each agreement submitted in accordance with this paragraph on or before the 60th day after its submission. Each Contracting Party may require that tariffs reflecting agreements approved by it be filed and published in accordance with its laws.
(3) Any proposed tariff for carriage between Hong Kong and the United States shall be filed with the aeronautical authorities of the Contracting Parties by the designated airline or airlines seeking its approval in such form as the aeronautical authorities may separately require to disclose the particulars referred to in Article 1, paragraph (i). It shall be filed not less than 40 days (or such shorter period as the aeronautical authorities of the Contracting Parties may agree) before the proposed effective date. The proposed tariff shall be treated as having been filed with the aeronautical authorities of a Contracting Party on the date on which it is received by those aeronautical authorities.
(4) Any proposed tariff may be approved accepted by the aeronautical authorities of a Contracting Party at any time and, provided it has been filed in accordance with paragraph authorities. If within thirty (330) of this Article, shall be deemed to have been approved by the aeronautical authorities of that Contracting Party unless, within 30 days (or such shorter period as the aeronautical authorities of the Contracting Parties may agree) after from the date of filingreceipt, the aeronautical authorities of one Contracting Party have served on not notified the aeronautical authorities of the other Contracting Party written notice of disapproval of that they are dissatisfied with the tariff submitted to them, such tariff shall be considered to be acceptable and shall come into effect on the date stated in the proposed tariff. In the event that a shorter period for the submission of a tariff is accepted by the aeronautical authorities, they may also agree that the period for giving notice of dissatisfaction be less than thirty (30) days.
(5) 4. If a notice of disapproval is given dissatisfaction has been filed in accordance with the provisions of paragraph (4) of this Article either Contracting Party may, within 30 days of the service of the notice of disapproval, request consultations between the Contracting Parties which shall be held within 30 days from the date the other Contracting Party receives such request in writing for the purpose of attempting to reach agreement on the appropriate tariffs.
(6) If agreement is reached on the appropriate tariff under paragraph (5) 3 of this Article, each Contracting Party shall exercise its best efforts to put such tariff into effect. If an agreement is not reached prior to the proposed effective date of the tariff, or if consultations are not requested, the aeronautical authorities of the Contracting Party expressing dissatisfaction Parties shall hold consultations in accordance with that Article 17 of this Agreement and endeavour to determine the tariff may take action by agreement between themselves.
5. If the aeronautical authorities cannot agree on any tariff submitted to continue them under paragraph 3 of this Article or on the determination of any tariff under paragraph 4 of this Article, the dispute shall be settled in force accordance with the existing tariffs beyond provisions of Article 18 of this Agreement.
6. If the date on which aeronautical authorities of one of the Contracting Parties become dissatisfied with an established tariff, they would otherwise have expired at shall so notify the levels and under the conditions (including seasonal variations) set forth therein. In this event, aeronautical authorities of the other Contracting Party and the designated airlines shall similarly take any action necessary attempt, where required, to continue reach an agreement. If within the existing tariffs period of ninety (90) days from the date of receipt of a notice of dissatisfaction, a new tariff cannot be established, the procedures as set out in effectparagraphs 4 and 5 of this Article shall apply.
(7) A tariff . When tariffs have been established in accordance with the provisions of this Article, those tariffs shall remain in force until new tariffs have been established in accordance with the provisions of this Article shall remain valid until a replacement tariff has been establishedor Article 18 of this Agreement.
(a) The tariffs to be charged by the designated airlines of Hong Kong for carriage between the United States and another State 8. No tariff shall be subject to approval by come into force if the aeronautical authorities of either Contracting Party are dissatisfied with it except under the United States and, where appropriate, provision of the other Stateparagraph 4 of Article 18 of this Agreement.
9. The tariffs to be charged by the designated airlines of the United States for carriage between Hong Kong and a State other than the United States shall be subject to approval by the aeronautical authorities of Hong Kong and, where appropriate, of both Contracting Parties shall endeavour to ensure that the other State.
(b) Any proposed tariff for such carriage shall be filed by the designated airline of one Contracting Party seeking approval of such tariff with the aeronautical authorities of the other Contracting Party. It shall be filed in such form as those aeronautical authorities may require to disclose the particulars referred to in Article 1, paragraph (1) tariffs charged and not less than 40 days (or such shorter period as they may decide) prior collected conform to the proposed effective date. The proposed tariff shall be treated as having been filed on the date on which it is received by those aeronautical authorities.
(c) Such tariff may be approved at any time by the aeronautical authorities of the Contracting Party with whom it has been filed and shall be deemed to have been tariffs approved by them unless, within 30 days after the date of filing, they have served on the designated airline seeking approval of such tariff written notice of disapprovaland are not subject to rebates.
(d) Notwithstanding the provisions of paragraph (7), a tariff approved by virtue of paragraph (9) for carriage by a U.S. designated airline between Hong Kong and a state other than the United States or for carriage by a Hong Kong designated airline between the United States and another state shall not be prolonged past the original expiry date, if any, of the tariff to which it corresponds, if that tariff is no longer in effect or has been amended.
(9) Notwithstanding the provisions of paragraphs (4) and (8)(c) of this Article, the aeronautical authorities of a Contracting Party shall not disapprove any proposed tariff filed with them by a designated airline which corresponds (e.g. in price level, conditions and date of expiry but not necessarily the routeing being used) to the tariff charged by an airline of that Contracting Party for comparable services between the same points or is more restrictive or higher than that tariff.
Appears in 1 contract
Sources: Air Transport Agreement
Tariffs. (1) The . Each Contracting Party shall allow tariffs for air services to be decided by each designated airline based on commercial considerations in the marketplace. Interventions by the Contracting Parties shall be limited to:
(a) Prevention of unreasonable or 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 against tariffs that are artificially low because of direct or indirect government subsidies or support.
2. Each Contracting Party may require notification or filing with its aeronautical authorities of the tariffs that must be charged for services to or from its territory by the designated airlines of the other Contracting Parties for carriage between Hong Kong and the United States shall be those approved Party. Such notification or filing by the aeronautical authorities designated airlines of both Contracting Parties and shall be established at reasonable levels, due regard being had to all relevant factors, including the cost of operating the agreed services, the interests of users, reasonable profit and the tariffs of other airlines operating over the whole or part of the same route. To further the reasonable interests of users of air transport services, and to encourage the further development of civil aviation, individual airlines should be encouraged to initiate innovative, cost-based tariffs.
(2) Any tariff agreements with respect to carriage by the designated airlines concluded as a result of inter-carrier discussions, including those held under the traffic conference procedures of the International Air Transport Association, or any other association of international airlines, and involving the airlines of the Contracting Parties will be subject to the approval of the aeronautical authorities of those Contracting Parties, and may be disapproved at any time whether or not previously approved. The submission of such agreements is not the filing of a tariff for the purposes of the provisions of paragraph (3) of this Article. Such agreements shall be submitted to the aeronautical authorities of both Contracting Parties for approval at least 105 required no more than 60 days before the proposed date of effectiveness. In individual cases, accompanied by such justification as each notification or filing may be authorized on shorter notice than normally required.
3. Neither Contracting Party may require shall take unilateral action to prevent the inauguration or continuation of its own designated airlines. The period a tariff offered or charged by (a) an airline of 105 days may be reduced with the consent of the aeronautical authorities either of the Contracting Parties or an airline of a third country for international air transportation between the territories of the Contracting Parties or (b) an airline of either of the Contracting Parties or an airline of a third country for international air transportation between the territory of the other Contracting Party and any other country, including in both cases transportation on an interline or intraline basis. If a Contracting Party believes that any such tariff is inconsistent with whom a filing is madethe considerations set out in paragraph (a) of this article, it may request consultations and notify the other Contracting Party of the reasons for its dissatisfaction. The aeronautical authorities consultations shall be held not later than 30 days after receipt of the request and the 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 notice of dissatisfaction has been given, each Contracting Party shall use their its best efforts to approve or disapprove (put that agreement into effect. If no mutual agreement is reached, the tariff shall continue in whole or in part) effect.
4. Notwithstanding paragraph 3 of this article, each agreement submitted in accordance with this paragraph on or before the 60th day after its submission. Each Contracting Party may require that tariffs reflecting agreements approved shall permit (a) any airline of either Contracting Party (or of a third country) to respond to a lower or more competitive tariff offered or charged by it be filed and published in accordance with its laws.
(3) Any proposed tariff any other airline for carriage international air transportation between Hong Kong and the United States shall be filed with the aeronautical authorities territories of the Contracting Parties and (b) any airline of a Contracting Party to respond to a lower or more competitive tariff offered or charged by any other airline for international air transportation between the territory of the other Contracting Party and a third country. As used in this Agreement, the term “meet” means the right to establish in a timely manner, through the necessary expedited procedures, the same or similar tariff, or such tariff through a combination of tariffs, on a direct, interline, or intraline basis, notwithstanding differences in conditions relating to route, round-trip requirements, connections, or type of service or aircraft.
5. Notwithstanding the provisions of paragraphs 1, 2, 3 and 4 of this article, the tariffs charged by the designated airline or airlines seeking its approval in such form as the aeronautical authorities may separately require to disclose the particulars referred to in Article 1, paragraph (i). It shall be filed not less than 40 days (or such shorter period as the aeronautical authorities of the Contracting Parties may agree) before the proposed effective date. The proposed tariff shall be treated as having been filed with the aeronautical authorities of a Contracting Party on the date on which it is received by those aeronautical authorities.
(4) Any proposed tariff may be approved by the aeronautical authorities of a Contracting Party at any time and, provided it has been filed in accordance with paragraph (3) of this Article, shall be deemed to have been approved by the aeronautical authorities of that Contracting Party unless, within 30 days (or such shorter period as the aeronautical authorities Republic of the Contracting Parties may agree) after the date of filing, the aeronautical authorities of one Contracting Party have served on the aeronautical authorities of the other Contracting Party written notice of disapproval of the proposed tariff.
(5) If a notice of disapproval is given in accordance with the provisions of paragraph (4) of this Article either Contracting Party may, within 30 days of the service of the notice of disapproval, request consultations between the Contracting Parties which shall be held within 30 days from the date the other Contracting Party receives such request in writing for the purpose of attempting to reach agreement on the appropriate tariffs.
(6) If agreement is reached on the appropriate tariff under paragraph (5) of this Article, each Contracting Party shall exercise its best efforts to put such tariff into effect. If an agreement is not reached prior to the proposed effective date of the tariff, or if consultations are not requested, the aeronautical authorities of the Contracting Party expressing dissatisfaction with that tariff may take action to continue in force the existing tariffs beyond the date on which they would otherwise have expired at the levels and under the conditions (including seasonal variations) set forth therein. In this event, the other Contracting Party shall similarly take any action necessary to continue the existing tariffs in effect.
(7) A tariff established in accordance with the provisions of this Article shall remain valid until a replacement tariff has been established.
(a) The tariffs to be charged by the designated airlines of Hong Kong Congo for carriage between wholly within the United States and another State European Union shall be subject to approval by the aeronautical authorities of the United States and, where appropriate, of the other State. The tariffs to be charged by the designated airlines of the United States for carriage between Hong Kong and a State other than the United States shall be subject to approval by the aeronautical authorities of Hong Kong and, where appropriate, of the other StateEuropean Union law.
(b) Any proposed tariff for such carriage shall be filed by the designated airline of one Contracting Party seeking approval of such tariff with the aeronautical authorities of the other Contracting Party. It shall be filed in such form as those aeronautical authorities may require to disclose the particulars referred to in Article 1, paragraph (1) and not less than 40 days (or such shorter period as they may decide) prior to the proposed effective date. The proposed tariff shall be treated as having been filed on the date on which it is received by those aeronautical authorities.
(c) Such tariff may be approved at any time by the aeronautical authorities of the Contracting Party with whom it has been filed and shall be deemed to have been approved by them unless, within 30 days after the date of filing, they have served on the designated airline seeking approval of such tariff written notice of disapproval.
(d) Notwithstanding the provisions of paragraph (7), a tariff approved by virtue of paragraph (9) for carriage by a U.S. designated airline between Hong Kong and a state other than the United States or for carriage by a Hong Kong designated airline between the United States and another state shall not be prolonged past the original expiry date, if any, of the tariff to which it corresponds, if that tariff is no longer in effect or has been amended.
(9) Notwithstanding the provisions of paragraphs (4) and (8)(c) of this Article, the aeronautical authorities of a Contracting Party shall not disapprove any proposed tariff filed with them by a designated airline which corresponds (e.g. in price level, conditions and date of expiry but not necessarily the routeing being used) to the tariff charged by an airline of that Contracting Party for comparable services between the same points or is more restrictive or higher than that tariff.
Appears in 1 contract
Sources: Agreement on Air Transport
Tariffs. (1) The tariffs to be charged by the designated airlines of the Contracting Parties for carriage between Hong Kong and the United States France shall be those approved by the both aeronautical authorities of both Contracting Parties and shall be established at reasonable levels, due regard being had to all relevant factors, including the cost of operating the agreed services, the interests of users, reasonable profit and the tariffs of the other airline(s) operating over the whole or part of the same route.
(2) The tariffs referred to in paragraph (1) of this Article may be agreed by the designated airlines seeking approval of the tariff, after consultation with other airlines operating over the whole or part of the same route. To further the reasonable interests of users of air transport servicesHowever, and to encourage the further development of civil aviationa designated airline shall not be precluded from proposing, individual airlines should be encouraged to initiate innovative, cost-based tariffs.
(2) Any tariff agreements with respect to carriage by the designated airlines concluded as a result of inter-carrier discussions, including those held under the traffic conference procedures of the International Air Transport Association, or any other association of international airlines, and involving the airlines of the Contracting Parties will be subject to the approval of nor the aeronautical authorities from approving, any tariff, if that airline shall have failed to obtain the agreement of those Contracting Partiesthe other designated airlines to such as tariff, or because no other designated airline is operating on the same route. References in this and may be disapproved at any time whether or not previously approved. The submission of such agreements is the preceding paragraph to “the same route” are to the route operated, not the filing of a tariff for the purposes of the provisions of paragraph (3) of this Article. Such agreements shall be submitted to the aeronautical authorities of both Contracting Parties for approval at least 105 days before the proposed date of effectiveness, accompanied by such justification as each Contracting Party may require of its own designated airlines. The period of 105 days may be reduced with the consent of the aeronautical authorities of the Contracting Party with whom a filing is made. The aeronautical authorities of each Contracting Party shall use their best efforts to approve or disapprove (in whole or in part) each agreement submitted in accordance with this paragraph on or before the 60th day after its submission. Each Contracting Party may require that tariffs reflecting agreements approved by it be filed and published in accordance with its lawsspecified route.
(3) Any proposed tariff for carriage between Hong Kong and the United States France shall be filed with the aeronautical authorities of the both Contracting Parties by the designated airline or airlines seeking its approval in such form as the aeronautical authorities may separately require to disclose the particulars referred to set out in Article 1, paragraph (i1(g). It shall be filed not less than 40 60 days (or such shorter period as the aeronautical authorities of the Contracting Parties may agree) before the proposed effective date. The proposed tariff shall be treated as having been filed with the aeronautical authorities of a Contracting Party on the date on which it is received by those the aeronautical authoritiesauthorities of that Contracting Party.
(4) Any proposed tariff may be approved by the aeronautical authorities of a either Contracting Party at any time and, provided it has been filed in accordance with paragraph (3) of this Article, shall be deemed to have been approved by the aeronautical authorities of that Contracting Party unless, within 30 days (or such shorter period as the aeronautical authorities of the both Contracting Parties may agree) after the date of filing, the aeronautical authorities of one either Contracting Party have served on the aeronautical authorities of the other Contracting Party written notice of disapproval of the proposed tariff.
(5) If a notice of disapproval is given in accordance with the provisions of paragraph (4) of this Article either Article, the aeronautical authorities of the two contracting Parties may determine the tariff by mutual agreement. Either Contracting Party may, within 30 days of the service of the notice of disapproval, request consultations between the Contracting Parties which shall be held within 30 days from of the date the other Contracting Party receives such request in writing for the purpose of attempting to reach agreement on the appropriate tariffsrequest.
(6) If agreement is reached on the appropriate a tariff under paragraph (5) has been disapproved by one of this Article, each Contracting Party shall exercise its best efforts to put such tariff into effect. If an agreement is not reached prior to the proposed effective date of the tariff, or if consultations are not requested, the aeronautical authorities of the Contracting Party expressing dissatisfaction with that tariff may take action to continue in force the existing tariffs beyond the date on which they would otherwise have expired at the levels and under the conditions (including seasonal variations) set forth therein. In this event, the other Contracting Party shall similarly take any action necessary to continue the existing tariffs in effect.
(7) A tariff established in accordance with the provisions of this Article shall remain valid until a replacement tariff has been established.
(a) The tariffs to be charged by the designated airlines of Hong Kong for carriage between the United States and another State shall be subject to approval by the aeronautical authorities of the United States and, where appropriate, of the other State. The tariffs to be charged by the designated airlines of the United States for carriage between Hong Kong and a State other than the United States shall be subject to approval by the aeronautical authorities of Hong Kong and, where appropriate, of the other State.
(b) Any proposed tariff for such carriage shall be filed by the designated airline of one Contracting Party seeking approval of such tariff with the aeronautical authorities of the other Contracting Party. It shall be filed in such form as those aeronautical authorities may require to disclose the particulars referred to in Article 1, paragraph (1) and not less than 40 days (or such shorter period as they may decide) prior to the proposed effective date. The proposed tariff shall be treated as having been filed on the date on which it is received by those aeronautical authorities.
(c) Such tariff may be approved at any time by the aeronautical authorities of the Contracting Party with whom it has been filed and shall be deemed to have been approved by them unless, within 30 days after the date of filing, they have served on the designated airline seeking approval of such tariff written notice of disapproval.
(d) Notwithstanding the provisions of paragraph (7), a tariff approved by virtue of paragraph (9) for carriage by a U.S. designated airline between Hong Kong and a state other than the United States or for carriage by a Hong Kong designated airline between the United States and another state shall not be prolonged past the original expiry date, if any, of the tariff to which it corresponds, if that tariff is no longer in effect or has been amended.
(9) Notwithstanding the provisions of paragraphs (4) and (8)(c) of this Article, the aeronautical authorities of a Contracting Party shall not disapprove any proposed tariff filed with them by a designated airline which corresponds (e.g. in price level, conditions and date of expiry but not necessarily the routeing being used) to the tariff charged by an airline of that Contracting Party for comparable services between the same points or is more restrictive or higher than that tariff.paragraph
Appears in 1 contract
Sources: Air Services Agreement
Tariffs. (1) The . Each Contracting Party shall allow Tariffs to be established by each Designated Airline based upon its commercial considerations in the market place. Neither Contracting Party shall require the Designated Airlines to consult other airlines about the tariffs they charge or propose to charge.
2. Each Contracting Party may require prior filing with its Aeronautical Authorities, of prices to be charged to or from its Territory by the designated airlines of the Contracting Parties for carriage between Hong Kong and the United States shall be those approved by the aeronautical authorities Designated Airlines of both Contracting Parties and shall be established at reasonable levels, due regard being had to all relevant factors, including the cost of operating the agreed services, the interests of users, reasonable profit and the tariffs of other airlines operating over the whole Parties. Such filing by or part on behalf of the same route. To further the reasonable interests of users of air transport services, and to encourage the further development of civil aviation, individual airlines should be encouraged to initiate innovative, cost-based tariffs.
(2) Any tariff agreements with respect to carriage by the designated airlines concluded as a result of inter-carrier discussions, including those held under the traffic conference procedures of the International Air Transport Association, or any other association of international airlines, and involving the airlines of the Contracting Parties will be subject to the approval of the aeronautical authorities of those Contracting Parties, and Designated Airlines may be disapproved at any time whether or not previously approved. The submission of such agreements is not the filing of a tariff for the purposes of the provisions of paragraph (3) of this Article. Such agreements shall be submitted to the aeronautical authorities of both Contracting Parties for approval at least 105 required by no more than 30 days before the proposed date of effectiveness. In individual cases, accompanied by such justification as each filing may be permitted on shorter notice than normally required. If a Contracting Party may require permits an airline to file a price on short notice, the price shall become effective on the proposed date for traffic originating in the Territory of its own designated airlinesthat Contracting Party.
3. The period of 105 days may be reduced with the consent of the aeronautical authorities of the Contracting Party with whom a filing is made. The aeronautical authorities of each Except as otherwise provided in this Article, neither Contracting Party shall use their best efforts take unilateral action to approve prevent the inauguration or disapprove (in whole continuation of a price proposed to be charged or in part) each agreement submitted in accordance with this paragraph on or before the 60th day after its submission. Each charged by a Designated Airline of either Contracting Party may require that tariffs reflecting agreements approved by it be filed and published in accordance with its lawsfor international air transportation.
(3) Any proposed tariff for carriage between Hong Kong and the United States shall be filed with the aeronautical authorities of 4. Intervention by the Contracting Parties by the designated airline or airlines seeking its approval in such form as the aeronautical authorities may separately require to disclose the particulars referred to in Article 1, paragraph (i). It shall be filed not less than 40 days limited to:
(a) Prevention of Tariffs whose application constitutes anti-competitive behavior which has or such shorter period as is likely to or intended to have the aeronautical authorities effect of crippling a competitor or excluding a competitor from a route;
(b) protection of consumers from prices that are unreasonably high or restrictive due to the Contracting Parties may agreeabuse of a dominant position; and
(c) before the proposed effective dateProtection of Designated Airlines from prices that are artificially low.
5. The proposed tariff shall be treated as having been filed with the aeronautical authorities of If a Contracting Party on the date on which it is received believes that a price proposed to be charged by those aeronautical authorities.
(4) Any proposed tariff may be approved by the aeronautical authorities of a Contracting Party at any time and, provided it has been filed in accordance with paragraph (3) of this Article, shall be deemed to have been approved by the aeronautical authorities of that Contracting Party unless, within 30 days (or such shorter period as the aeronautical authorities of the Contracting Parties may agree) after the date of filing, the aeronautical authorities of one Contracting Party have served on the aeronautical authorities Designated Airline of the other Contracting Party written notice of disapproval of the proposed tariff.
(5) If a notice of disapproval for international air transportation is given inconsistent with considerations set forth in accordance with the provisions of paragraph (4) of this Article either Contracting Party mayArticle, within 30 days of the service of the notice of disapproval, it shall request consultations between the Contracting Parties which shall be held within 30 days from the date and notify the other Contracting Party receives such request of the reasons for its dissatisfaction as soon as possible. These consultations shall be held not later than 30 days after receipt of the request, and the Contracting Parties shall cooperate in writing securing information necessary for reasoned resolution of the purpose of attempting to issue. If the Contracting Parties reach agreement on the appropriate tariffs.
(6) If agreement is reached on the appropriate tariff under paragraph (5) with respect to a price for which a notice of this Articledissatisfaction has been given, each Contracting Party shall exercise use its best efforts to put such tariff that agreement into effect. If an Without such mutual agreement is not reached prior to the proposed effective date of the tariff, or if consultations are not requestedcontrary, the aeronautical authorities of the Contracting Party expressing dissatisfaction with that tariff may take action to previously existing price shall continue in force the existing tariffs beyond the date on which they would otherwise have expired at the levels and under the conditions (including seasonal variations) set forth therein. In this event, the other Contracting Party shall similarly take any action necessary to continue the existing tariffs in effect.
(7) A tariff established in accordance with the provisions of this Article shall remain valid until a replacement tariff has been established.
(a) The tariffs to be charged by the designated airlines of Hong Kong for carriage between the United States and another State shall be subject to approval by the aeronautical authorities of the United States and, where appropriate, of the other State6. The tariffs to be charged by the air carrier(s) designated airlines of by the United States UAE for carriage between Hong Kong and a State other than wholly within the United States European Union shall be subject to approval by the aeronautical authorities of Hong Kong and, where appropriate, of the other StateEuropean Union law.
(b) Any proposed tariff for such carriage shall be filed by the designated airline of one Contracting Party seeking approval of such tariff with the aeronautical authorities of the other Contracting Party7. It shall be filed in such form as those aeronautical authorities may require to disclose the particulars referred to in Article 1, paragraph (1) and not less than 40 days (or such shorter period as they may decide) prior to the proposed effective date. The proposed tariff shall be treated as having been filed on the date on which it is received by those aeronautical authorities.
(c) Such tariff may be approved at any time by the aeronautical authorities of the Contracting Party with whom it has been filed and shall be deemed to have been approved by them unless, within 30 days after the date of filing, they have served on the designated airline seeking approval of such tariff written notice of disapproval.
(d) Notwithstanding the provisions of in paragraph (7), a tariff approved by virtue of paragraph (9) for carriage by a U.S. designated airline between Hong Kong and a state other than the United States or for carriage by a Hong Kong designated airline between the United States and another state shall not be prolonged past the original expiry date, if any, of the tariff to which it corresponds, if that tariff is no longer in effect or has been amended.
(9) Notwithstanding the provisions of paragraphs (4) and (8)(c) 6 of this Article, the aeronautical authorities of a Contracting Party air carrier(s) designated by the UAE shall not disapprove any proposed tariff filed with them by a designated airline which corresponds (e.g. in price level, conditions and date of expiry but not necessarily the routeing being used) be allowed to the tariff match existing prices charged by an airline of that Contracting Party other airlines for comparable services between carriage wholly within the same points or is more restrictive or higher than that tariffEuropean Union.
Appears in 1 contract
Sources: Air Services Agreement
Tariffs. (1) The tariffs to be charged applied by the designated airline or airlines of the a Contracting Parties Party for carriage between Hong Kong and the United States shall be those approved services covered by the aeronautical authorities of both Contracting Parties and this Agreement shall be established at reasonable levels, due regard being had paid to all relevant factors, including the cost of operating the agreed services, the interests of users, cost of operation, characteristics of service, reasonable profit and the profit, tariffs of other airlines operating over airlines, and other commercial considerations in the whole market-place. The Contracting Parties agree to give particular attention to tariffs which may be objectionable because they appear unreasonably discriminatory, unduly high or part restrictive because of the same routeabuse of a dominant position, artificially low because of direct or indirect subsidy or support, or “predatory”. To further the reasonable interests of users of air transport servicesThe tariffs shall, and to encourage the further development of civil aviationwherever possible, individual airlines should be encouraged to initiate innovative, cost-based tariffs.
(2) Any tariff agreements with respect to carriage agreed by the designated airlines concluded as a result concerned of inter-carrier discussions, including those held under the traffic conference procedures of the International Air Transport Association, or any other association of international airlines, and involving the airlines of the Contracting Parties will be subject to the approval of the aeronautical authorities of those both Contracting Parties, and after discussion as required with their respective governments and, if applicable, consultation with other airlines. Such agreement shall, wherever possible, be reached by the use of the appropriate international tariff coordination mechanism. Failing any multilateral or bilateral agreement, each designated airline may develop tariffs individually. Each Contracting Party may require notification or filing of tariffs proposed by the designated airline(s) of the other Contracting Party for carriage to or from its territory. Such notification or filing may be disapproved at any time whether or required not previously approved. The submission of such agreements is not the filing of a tariff for the purposes of the provisions of paragraph (3) of this Article. Such agreements shall be submitted to the aeronautical authorities of both Contracting Parties for approval at least 105 more than ___ days before the proposed date of effectivenessintroduction. In special cases, accompanied this period may be reduced. Each Contracting Party shall have the right to approve or disapprove tariffs for one-way or round-trip carriage between the territories of the two Contracting Parties which commences in its own territory. Approval of tariffs consequent upon the provisions of Paragraph 5 above may be given expressly by either Contracting Party to the airline(s) filing the tariffs. However, if the Contracting Party concerned has not given in writing to the other Contracting Party [and or the airline(s) concerned] notice of disapproval of such justification as each tariffs of the airline(s) of the other Contracting Party within __ days from the date of submission, the tariffs concerned shall be considered approved. In the event of the period of submission being reduced in accordance with Paragraph 4, the Contracting Parties may agree that the period within which any disapproval shall be given be reduced accordingly. Each Contracting Party may require request consultation regarding any tariff of its own designated airlinesan airline of either Contracting Party for services covered by this Agreement, including where the tariff concerned has been subject to a notice of disapproval or dissatisfaction. Such consultations shall be held not later than ___ days after receipt of the request. The period of 105 days may be reduced with the consent Contracting Parties shall cooperate in securing information necessary for reasoned resolution of the aeronautical authorities of issues. If the Contracting Party with whom a filing is made. The aeronautical authorities of Parties reach agreement, each Contracting Party shall use their best efforts to approve or disapprove (in whole or in part) each agreement submitted in accordance with this paragraph on or before the 60th day after its submission. Each Contracting Party may require that tariffs reflecting agreements approved by it be filed and published in accordance with its laws.
(3) Any proposed tariff for carriage between Hong Kong and the United States shall be filed with the aeronautical authorities of the Contracting Parties by the designated airline or airlines seeking its approval in such form as the aeronautical authorities may separately require to disclose the particulars referred to in Article 1, paragraph (i). It shall be filed not less than 40 days (or such shorter period as the aeronautical authorities of the Contracting Parties may agree) before the proposed effective date. The proposed tariff shall be treated as having been filed with the aeronautical authorities of a Contracting Party on the date on which it is received by those aeronautical authorities.
(4) Any proposed tariff may be approved by the aeronautical authorities of a Contracting Party at any time and, provided it has been filed in accordance with paragraph (3) of this Article, shall be deemed to have been approved by the aeronautical authorities of that Contracting Party unless, within 30 days (or such shorter period as the aeronautical authorities of the Contracting Parties may agree) after the date of filing, the aeronautical authorities of one Contracting Party have served on the aeronautical authorities of the other Contracting Party written notice of disapproval of the proposed tariff.
(5) If a notice of disapproval is given in accordance with the provisions of paragraph (4) of this Article either Contracting Party may, within 30 days of the service of the notice of disapproval, request consultations between the Contracting Parties which shall be held within 30 days from the date the other Contracting Party receives such request in writing for the purpose of attempting to reach agreement on the appropriate tariffs.
(6) If agreement is reached on the appropriate tariff under paragraph (5) of this Article, each Contracting Party shall exercise its best efforts to put such tariff that agreement into effect. If an no agreement is not reached prior to the proposed effective date of the tariff, or if consultations are not requestedreached, the aeronautical authorities decision of the Contracting Party expressing dissatisfaction with that tariff may take action to continue in force whose territory the existing tariffs beyond the date on which they would otherwise have expired at the levels and under the conditions (including seasonal variations) set forth therein. In this event, the other Contracting Party carriage originates shall similarly take any action necessary to continue the existing tariffs in effectprevail.
(7) A tariff established in accordance with the provisions of this Article shall remain valid until a replacement tariff has been established.
(a) The tariffs to be charged by the designated airlines of Hong Kong for carriage between the United States and another State shall be subject to approval by the aeronautical authorities of the United States and, where appropriate, of the other State. The tariffs to be charged by the designated airlines of the United States for carriage between Hong Kong and a State other than the United States shall be subject to approval by the aeronautical authorities of Hong Kong and, where appropriate, of the other State.
(b) Any proposed tariff for such carriage shall be filed by the designated airline of one Contracting Party seeking approval of such tariff with the aeronautical authorities of the other Contracting Party. It shall be filed in such form as those aeronautical authorities may require to disclose the particulars referred to in Article 1, paragraph (1) and not less than 40 days (or such shorter period as they may decide) prior to the proposed effective date. The proposed tariff shall be treated as having been filed on the date on which it is received by those aeronautical authorities.
(c) Such tariff may be approved at any time by the aeronautical authorities of the Contracting Party with whom it has been filed and shall be deemed to have been approved by them unless, within 30 days after the date of filing, they have served on the designated airline seeking approval of such tariff written notice of disapproval.
(d) Notwithstanding the provisions of paragraph (7), a tariff approved by virtue of paragraph (9) for carriage by a U.S. designated airline between Hong Kong and a state other than the United States or for carriage by a Hong Kong designated airline between the United States and another state shall not be prolonged past the original expiry date, if any, of the tariff to which it corresponds, if that tariff is no longer in effect or has been amended.
(9) Notwithstanding the provisions of paragraphs (4) and (8)(c) of this Article, the aeronautical authorities of a Contracting Party shall not disapprove any proposed tariff filed with them by a designated airline which corresponds (e.g. in price level, conditions and date of expiry but not necessarily the routeing being used) to the tariff charged by an airline of that Contracting Party for comparable services between the same points or is more restrictive or higher than that tariff.
Appears in 1 contract
Sources: Air Services Agreement
Tariffs. (1) . The tariffs to be charged applied by the designated airlines Designated Airline of the one Contracting Parties Party for carriage between Hong Kong and the United States services covered by this Agreement shall be those approved by the aeronautical authorities of both Contracting Parties and shall be established estab lished at reasonable levels, due regard being had paid to all relevant factors, including the cost of operating the agreed services, the interests interest of users, cost of operation, characteristics of service, commission rates, reasonable profit and profit, the tariffs of other airlines operating over the whole or part and other commercial considerations of the same routemarket place. To further The Contracting Parties agree to give particular attention to tariffs wh ich may be objectionab le because they appear unreasonably discriminatory, unduly high or restr ictive because of the reasonable interests abuse of users a dominant position, artificia lly low because of air transport servicesdirect or indirect subsidy or support, and to encourage the further development of civil aviation, individual airlines should be encouraged to initiate innovative, cost-based tariffsor predatory.
(2) Any tariff agreements with respect . The tariffs referred to carriage in paragraph 1of this Article may be agreed by the designated airlines concluded as a result Designated Airlines concerned of inter-carrier discussionsboth Contracting Parties, including those held under after consultation, if applicable, with the traffic conference procedures other airlines. Such agreement may be reached by the use of the International Air Transport Associationappropr iate international tar iff coordination mechanism. However, neither shall make participation in multilateral carrier tariff coordination a condition for approva l of any tariff nor shall either Party prevent or any other association require participation by the Designated Airline of international airlineseither Party in such multilater al tariff coordinat ion. Each Designated Airline may at its option develop tariffs individually.
3. Each Contracting Party may require notification or filling of Tar iffs proposed by the Designated Airline(s) of both Contracting Partiesfor carriage to or from its Territory.
4. Such notification or filing may be required not more than sixty (60) days before the proposed date of their introduction. In individual cases, and involving this maximum period may be reduced.
5. The Tariffs to be charged by the airlines Designated Airlines of the Contracting Contract ing Parties will for ▇▇▇▇ iage between their Territories shall be subject to the approval of the aeronautical authorities both Parties.
6. The approval of those Contracting Parties, and Tariffs may be disapproved at any time whether or given expressly by either Contracting Party to the airline(s) filing the Tariffs. However, if a Party has not previously given in writing to the other Party notice of disapproval of such Tariffs of the airline(s) of the other Party within thirty (30) days from the date of submission, the tariffs concerned sha ll be considered approved. The submission of such agreements is not In the filing of a tariff for the purposes event of the provisions of period for submission being reduced in accordance with paragraph (3) 4 of this Article. Such agreements , the Parties may agree that the period within which any disapproval shall be submitted to the aeronautical authorities of both Contracting Parties for approval at least 105 days before the proposed date of effectiveness, accompanied by such justification as each given be reduced accordingly. No Tariff sha ll come into force if either Contracting Party may require has given notice of its own designated airlines. The period of 105 days may be reduced with the consent of the aeronautical authorities of the Contracting Party with whom a filing is made. The aeronautical authorities of each Contracting Party shall use their best efforts to approve or disapprove (in whole or in part) each agreement submitted in accordance with this paragraph on or before the 60th day after its submissiondisapprova l.
7. Each Contracting Party may require request consultations regarding any Tariff of an airline of either Party for services covered by this Agreement, including where the Tariff concerned has been subject to a notice of disapproval. Such consultations shall be held not later than 30 days after receipt of the request. The Parties shall co-operate in securing information necessary for reasoned resolution of the issues. If the Parties reach agreement, each Party shall use its best efforts to put that tariffs reflecting agreements approved by it be filed and published in accordance with its lawsagreement into effect. If no agreement isreached, any decision to disapprove a tariff shall prevail.
(3) Any proposed tariff for carriage between Hong Kong and the United States shall be filed with the aeronautical authorities of 8. If the Contracting Parties by cannot resolve an issue with respect to the designated airline or airlines seeking its approval Tariffs mentioned in such form as the aeronautical authorities may separately require to disclose the particulars referred to in Article 1, paragraph (i). It shall be filed not less than 40 days (or such shorter period as the aeronautical authorities of the Contracting Parties may agree) before the proposed effective date. The proposed tariff shall be treated as having been filed with the aeronautical authorities of a Contracting Party on the date on which it is received by those aeronautical authorities.
(4) Any proposed tariff may be approved by the aeronautical authorities of a Contracting Party at any time and, provided it has been filed in accordance with paragraph (3) 5 of this Article, the dispute shall be deemed to have been approved by the aeronautical authorities of that Contracting Party unless, within 30 days (or such shorter period as the aeronautical authorities of the Contracting Parties may agree) after the date of filing, the aeronautical authorities of one Contracting Party have served on the aeronautical authorities of the other Contracting Party written notice of disapproval of the proposed tariff.
(5) If a notice of disapproval is given settled in accordance with the provisions of paragraph (4) Article 18 of this Article either Contracting Party may, within 30 days of the service of the notice of disapproval, request consultations between the Contracting Parties which shall be held within 30 days from the date the other Contracting Party receives such request in writing for the purpose of attempting to reach agreement on the appropriate tariffsAgreement.
(6) If agreement is reached on the appropriate tariff under paragraph (5) of this Article, each Contracting Party shall exercise its best efforts to put such tariff into effect9. If an agreement is not reached prior to the proposed effective date of the tariff, or if consultations are not requested, the aeronautical authorities of the Contracting Party expressing dissatisfaction with that tariff may take action to continue in force the existing tariffs beyond the date on which they would otherwise have expired at the levels and under the conditions (including seasonal variations) set forth therein. In this event, the other Contracting Party shall similarly take any action necessary to continue the existing tariffs in effect.
(7) A tariff established in accordance with the provisions of this Article shall remain valid in force, unless withdrawn by the airline(s) concerned, until the due expiry date if any, or until a replacement new tariff has been established.
(a) approved. The tariffs to Tariff concerned may be charged by extended beyond the designated airlines of Hong Kong for carriage between original expiry date with the United States and another State shall be subject to approval by the aeronautical authorities of the United States andContracting Parties concerned. However, where appropriate, of the other State. The tariffs to be charged by the designated airlines of the United States for carriage between Hong Kong and a State other than the United States shall be subject to approval by the aeronautical authorities of Hong Kong and, where appropriate, of the other State.
(b) Any proposed tariff for such carriage shall be filed by the designated airline of one Contracting Party seeking approval of such tariff with the aeronautical authorities of the other Contracting Party. It shall be filed in such form as those aeronautical authorities may require to disclose the particulars referred to in Article 1, paragraph (1) and not less than 40 days (or such shorter period as they may decide) prior to the proposed effective date. The proposed tariff shall not be treated as having been filed on prolonged for more than twelve months after the date on which it is received by those aeronautical authorities.
(c) Such tariff may be approved at any time by the aeronautical authorities of the Contracting Party with whom it has been filed and shall be deemed to otherwise would have been expired unless approved by them unless, within 30 days after the date of filing, they have served on the designated airline seeking approval of such tariff written notice of disapprovalParties.
(d) Notwithstanding the provisions of paragraph (7), a tariff approved by virtue of paragraph (9) for carriage by a U.S. designated airline between Hong Kong and a state other than the United States or for carriage by a Hong Kong designated airline between the United States and another state shall not be prolonged past the original expiry date, if any, of the tariff to which it corresponds, if that tariff is no longer in effect or has been amended.
(9) Notwithstanding the provisions of paragraphs (4) and (8)(c) of this Article, the aeronautical authorities of a Contracting Party shall not disapprove any proposed tariff filed with them by a designated airline which corresponds (e.g. in price level, conditions and date of expiry but not necessarily the routeing being used) to the tariff charged by an airline of that Contracting Party for comparable services between the same points or is more restrictive or higher than that tariff.
Appears in 1 contract
Sources: Air Services Agreement
Tariffs. (1) . The tariffs to be charged applied by the designated airline or airlines of the Contracting Parties a Party for carriage between Hong Kong and the United States shall be those approved services covered by the aeronautical authorities of both Contracting Parties and this Agreement shall be established at reasonable levels, due regard being had paid to all relevant factors, including the cost of operating the agreed services, the interests of users, cost of operation, characteristics of service, reasonable profit and the profit, tariffs of other airlines operating over airlines, and other commercial considerations in the whole or part market-place.
2. The aeronautical authorities of the same route. To further Parties will give particular attention to tariffs which may be objectionable because they appear unreasonably discriminatory, unduly high or restrictive because of the reasonable interests abuse of users a dominant position, artificially low because of air transport servicesdirect or indirect subsidy or support, and to encourage the further development of civil aviation, individual airlines should be encouraged to initiate innovative, cost-based tariffsor predatory.
(2) Any tariff agreements with respect to carriage 3. The aeronautical authorities of the Parties may require notification or filing of tariffs proposed by the designated airlines concluded as a result of inter-carrier discussions, including those held under the traffic conference procedures of the International Air Transport Association, both Parties for carriage to or any other association of international airlines, and involving the airlines of the Contracting Parties will be subject to the approval of the aeronautical authorities of those Contracting Parties, and from its territory. Such notification or filing may be disapproved at any time whether or required not previously approved. The submission of such agreements is not the filing of a tariff for the purposes of the provisions of paragraph more than thirty (330) of this Article. Such agreements shall be submitted to the aeronautical authorities of both Contracting Parties for approval at least 105 days before the proposed date of effectivenessintroduction. In special cases, accompanied by such justification as each Contracting Party may require of its own designated airlines. The this period of 105 days may be reduced with the consent of the aeronautical authorities of the Contracting Party with whom a filing is madereduced.
4. The aeronautical authorities of each Contracting Party the Parties shall use their best efforts have the right to approve or disapprove (in whole tariffs for one-way or in part) each agreement submitted in accordance with this paragraph on or before the 60th day after its submission. Each Contracting Party may require that tariffs reflecting agreements approved by it be filed and published in accordance with its laws.
(3) Any proposed tariff for carriage between Hong Kong and the United States shall be filed with the aeronautical authorities of the Contracting Parties by the designated airline or airlines seeking its approval in such form as the aeronautical authorities may separately require to disclose the particulars referred to in Article 1, paragraph (i). It shall be filed not less than 40 days (or such shorter period as the aeronautical authorities of the Contracting Parties may agree) before the proposed effective date. The proposed tariff shall be treated as having been filed with the aeronautical authorities of a Contracting Party on the date on which it is received by those aeronautical authorities.
(4) Any proposed tariff may be approved by the aeronautical authorities of a Contracting Party at any time and, provided it has been filed in accordance with paragraph (3) of this Article, shall be deemed to have been approved by the aeronautical authorities of that Contracting Party unless, within 30 days (or such shorter period as the aeronautical authorities of the Contracting Parties may agree) after the date of filing, the aeronautical authorities of one Contracting Party have served on the aeronautical authorities of the other Contracting Party written notice of disapproval of the proposed tariff.
(5) If a notice of disapproval is given in accordance with the provisions of paragraph (4) of this Article either Contracting Party may, within 30 days of the service of the notice of disapproval, request consultations between the Contracting Parties which shall be held within 30 days from the date the other Contracting Party receives such request in writing for the purpose of attempting to reach agreement on the appropriate tariffs.
(6) If agreement is reached on the appropriate tariff under paragraph (5) of this Article, each Contracting Party shall exercise its best efforts to put such tariff into effect. If an agreement is not reached prior to the proposed effective date of the tariff, or if consultations are not requested, the aeronautical authorities of the Contracting Party expressing dissatisfaction with that tariff may take action to continue in force the existing tariffs beyond the date on which they would otherwise have expired at the levels and under the conditions (including seasonal variations) set forth therein. In this event, the other Contracting Party shall similarly take any action necessary to continue the existing tariffs in effect.
(7) A tariff established in accordance with the provisions of this Article shall remain valid until a replacement tariff has been established.
(a) The tariffs to be charged by the designated airlines of Hong Kong for round-trip carriage between the United States and another State shall be subject to approval by the aeronautical authorities territories of the United States and, where appropriate, of the other Statetwo Parties which commences in their own territory. The tariffs to be charged by the a designated airlines airline of the United States one Party for carriage between Hong Kong the territory of the other Party and that of a third State other than the United States on services covered by this Agreement shall be subject to the approval requirements of the other Party. The aeronautical authorities of neither Party shall take unilateral action to prevent the inauguration of proposed tariffs or the continuation of effective tariffs for one-way or round-trip carriage between the territories of the two Parties commencing in the territory of the other Party.
5. Approval of tariffs consequent upon the provisions of paragraph 4 above may be given expressly by the aeronautical authorities of Hong Kong andeither Party to the airlines filing the tariffs. However, where appropriate, if the aeronautical authority of the Party concerned has not given in writing to the aeronautical authority of the other StateParty notice of disapproval of such tariffs of the airlines of the other Party within twenty (20) days from the date of submission, the tariffs concerned shall be considered approved. In the event of the period of submission being reduced in accordance with Paragraph 3, the aeronautical authorities of the Parties may agree that the period within which any disapproval shall be given be reduced accordingly.
(b) Any proposed 6. Where the aeronautical authorities of either Party believe that a tariff for such carriage to their territory falls within the categories described in Paragraph 2 above, they shall be filed by the designated airline give notice of one Contracting Party seeking approval of such tariff with dissatisfaction to the aeronautical authorities of the other Contracting Party. It shall be filed in such form , as those aeronautical authorities may require to disclose the particulars referred to in Article 1soon as possible, paragraph and at least within thirty (130) and not less than 40 days (or such shorter period as they may decide) prior to the proposed effective date. The proposed tariff shall be treated as having been filed on the date on which it is received by those aeronautical authorities.
(c) Such tariff may be approved at any time by the aeronautical authorities of the Contracting Party with whom it has been filed and shall be deemed to have been approved by them unless, within 30 days after the date of filingnotification or filing of the tariff, they have served on and may avail themselves of the designated airline seeking approval of such tariff written notice of disapprovalconsultation procedures set out in paragraph 7 below.
(d) Notwithstanding the provisions 7. Each Party may request consultation regarding any tariff of paragraph (7), a tariff approved by virtue of paragraph (9) for carriage by a U.S. designated airline between Hong Kong and a state other than the United States or for carriage by a Hong Kong designated airline between the United States and another state shall not be prolonged past the original expiry date, if any, of the tariff to which it corresponds, if that tariff is no longer in effect or has been amended.
(9) Notwithstanding the provisions of paragraphs (4) and (8)(c) of this Article, the aeronautical authorities of a Contracting Party shall not disapprove any proposed tariff filed with them by a designated airline which corresponds (e.g. in price level, conditions and date of expiry but not necessarily the routeing being used) to the tariff charged by an airline of that Contracting either Party for comparable services between covered by this Agreement, including where the same points tariff concerned has been subject to a notice of disapproval or dissatisfaction. Such consultations shall be held not later than sixty (60) days after receipt of the request. Each Party shall cooperate in securing information necessary for reasoned resolution of the issues. If the Parties reach settlement, each of them shall use their best efforts to put that settlement into effect. If no settlement is more restrictive or higher than that tariffreached, the decision of the Party in whose territory the carriage originates shall prevail.
Appears in 1 contract
Sources: Air Services Agreement
Tariffs. (1) The . Each Contracting Party shall allow tariffs for air transportation to be decided by each designated airline on the basis of commercial considerations in the marketplace. Interventions by the Contracting Parties shall be limited to:
(a) Prevention of unreasonable or discriminatory tariffs or practices;
(b) Protection of consumers from tariffs that are unreasonably high or restrictive owing to the abuse of a dominant position; and
(c) Protection of airlines against tariffs that are artificially low because of direct or indirect government subsidies or support.
2. Each Contracting Party may require notification or filing with its aeronautical authorities of the tariffs that must be charged for services to or from its territory by the designated airlines of the other Contracting Parties for carriage between Hong Kong and the United States shall be those approved Party. Such notification or filing by the aeronautical authorities designated airlines of both Contracting Parties and shall be established at reasonable levels, due regard being had to all relevant factors, including the cost of operating the agreed services, the interests of users, reasonable profit and the tariffs of other airlines operating over the whole or part of the same route. To further the reasonable interests of users of air transport services, and to encourage the further development of civil aviation, individual airlines should be encouraged to initiate innovative, cost-based tariffs.
(2) Any tariff agreements with respect to carriage by the designated airlines concluded as a result of inter-carrier discussions, including those held under the traffic conference procedures of the International Air Transport Association, or any other association of international airlines, and involving the airlines of the Contracting Parties will be subject to the approval of the aeronautical authorities of those Contracting Parties, and may be disapproved at any time whether or not previously approved. The submission of such agreements is not the filing of a tariff for the purposes of the provisions of paragraph (3) of this Article. Such agreements shall be submitted to the aeronautical authorities of both Contracting Parties for approval at least 105 required no more than 60 days before the proposed date of effectiveness. In individual cases, accompanied by such justification as each notification or filing may be authorized on shorter notice than normally required.
3. Neither Contracting Party may require shall take unilateral action to prevent the inauguration or continuation of its own designated airlines. The period a tariff offered or charged by (a) an airline of 105 days may be reduced with the consent of the aeronautical authorities either of the Contracting Parties or an airline of a third country for international air transportation between the territories of the Contracting Parties or (b) an airline of either of the Contracting Parties or an airline of a third country for international air transportation between the territory of the other Contracting Party and any other country, including in both cases transportation on an interline or intraline basis.
4. If a Contracting Party believes that any such tariff is inconsistent with whom a filing is madethe considerations set out in paragraph (a) of this article, it may request consultations and notify the other Contracting Party of the reasons for its dissatisfaction as soon as possible. The aeronautical authorities consultations shall be held not later than 30 days after receipt of the request and the Parties shall cooperate in securing the information necessary for reasoned resolution of the issue. If the Contracting Parties reach agreement with respect to a tariff for which notice of dissatisfaction has been given, each Contracting Party shall use their its best efforts to approve or disapprove (put that agreement into effect. If no mutual agreement is reached, the tariff shall continue in whole or in part) effect.
5. Notwithstanding paragraph 3 of this article, each agreement submitted in accordance with this paragraph on or before the 60th day after its submission. Each Contracting Party may require that tariffs reflecting agreements approved shall permit (a) any airline of either Contracting Party (or of a third country) to respond to a lower or more competitive tariff offered or charged by it be filed and published in accordance with its laws.
(3) Any proposed tariff any other airline for carriage international air transportation between Hong Kong and the United States shall be filed with the aeronautical authorities territories of the Contracting Parties by the designated and (b) any airline or airlines seeking its approval in such form as the aeronautical authorities may separately require to disclose the particulars referred to in Article 1, paragraph (i). It shall be filed not less than 40 days (or such shorter period as the aeronautical authorities of the Contracting Parties may agree) before the proposed effective date. The proposed tariff shall be treated as having been filed with the aeronautical authorities of a Contracting Party on to respond to a lower or more competitive tariff offered or charged by any other airline for international air transportation between the date on which it is received by those aeronautical authorities.
(4) Any proposed tariff may be approved by the aeronautical authorities of a Contracting Party at any time and, provided it has been filed in accordance with paragraph (3) of this Article, shall be deemed to have been approved by the aeronautical authorities of that Contracting Party unless, within 30 days (or such shorter period as the aeronautical authorities of the Contracting Parties may agree) after the date of filing, the aeronautical authorities of one Contracting Party have served on the aeronautical authorities territory of the other Contracting Party written notice of disapproval of and a third country. As used in this Agreement, the proposed tariff.
(5) If term “meet” means the right to establish in a notice of disapproval is given in accordance with timely manner, through the provisions of paragraph (4) of this Article either Contracting Party maynecessary expedited procedures, within 30 days of the service of the notice of disapproval, request consultations between the Contracting Parties which shall be held within 30 days from the date the other Contracting Party receives such request in writing for the purpose of attempting to reach agreement on the appropriate tariffs.
(6) If agreement is reached on the appropriate tariff under paragraph (5) of this Article, each Contracting Party shall exercise its best efforts to put such tariff into effect. If an agreement is not reached prior to the proposed effective date of the same or similar tariff, or if consultations are not requested, the aeronautical authorities of the Contracting Party expressing dissatisfaction with that tariff may take action to continue in force the existing tariffs beyond the date on which they would otherwise have expired at the levels and under the conditions (including seasonal variations) set forth therein. In this event, the other Contracting Party shall similarly take any action necessary to continue the existing tariffs in effect.
(7) A tariff established in accordance with the provisions of this Article shall remain valid until a replacement tariff has been established.
(a) The tariffs to be charged by the designated airlines of Hong Kong for carriage between the United States and another State shall be subject to approval by the aeronautical authorities of the United States and, where appropriate, of the other State. The tariffs to be charged by the designated airlines of the United States for carriage between Hong Kong and a State other than the United States shall be subject to approval by the aeronautical authorities of Hong Kong and, where appropriate, of the other State.
(b) Any proposed tariff for such carriage shall be filed by the designated airline of one Contracting Party seeking approval of such tariff with the aeronautical authorities through a combination of the other Contracting Party. It shall be filed tariffs, on a direct, interline or intraline basis, notwithstanding differences in such form as those aeronautical authorities may require conditions relating to disclose the particulars referred to in Article 1route, paragraph (1) and not less than 40 days (round-trip requirements, connections, or such shorter period as they may decide) prior to the proposed effective date. The proposed tariff shall be treated as having been filed on the date on which it is received by those aeronautical authoritiestype of service or aircraft.
(c) Such tariff may be approved at any time by the aeronautical authorities of the Contracting Party with whom it has been filed and shall be deemed to have been approved by them unless, within 30 days after the date of filing, they have served on the designated airline seeking approval of such tariff written notice of disapproval.
(d) Notwithstanding the provisions of paragraph (7), a tariff approved by virtue of paragraph (9) for carriage by a U.S. designated airline between Hong Kong and a state other than the United States or for carriage by a Hong Kong designated airline between the United States and another state shall not be prolonged past the original expiry date, if any, of the tariff to which it corresponds, if that tariff is no longer in effect or has been amended.
(9) Notwithstanding the provisions of paragraphs (4) and (8)(c) of this Article, the aeronautical authorities of a Contracting Party shall not disapprove any proposed tariff filed with them by a designated airline which corresponds (e.g. in price level, conditions and date of expiry but not necessarily the routeing being used) to the tariff charged by an airline of that Contracting Party for comparable services between the same points or is more restrictive or higher than that tariff.
Appears in 1 contract
Sources: Air Transport Agreement
Tariffs. (1) . The tariffs to be charged applied by the each designated airlines airline of the Contracting Parties for carriage between Hong Kong and international transport in the United States services covered by this Agreement shall be those approved by the aeronautical authorities of both Contracting Parties and shall be freely established at reasonable levels, due regard being had paid to all relevant factorspricing elements, including especially the cost of operating the agreed servicesoperation, the interests characteristics of the service, the needs of users, reasonable profit and other commercial considerations in the tariffs of other airlines operating over the whole or part of the same route. To further the reasonable interests of users of air transport services, and to encourage the further development of civil aviation, individual airlines should be encouraged to initiate innovative, cost-based tariffsmarketplace.
(2) Any tariff agreements . Each Contracting Party may require notification or registration with respect to carriage its aeronautical authorities of any tariffs charged by the designated airlines concluded as a result of inter-carrier discussions, including those held under the traffic conference procedures of the International Air Transport Association, or any other association of international airlines, and involving the airlines of the other Contracting Parties will Party to or from its territory. Tariffs shall be subject registered or notified, when required, at least 30 days prior to the approval proposed effective date. Where deemed appropriate, a shorter notification or registration period than is normally required may be permitted. Neither Contracting Party shall require the airlines of the other Contracting Party to notify or register the prices charged by charterers to the public, unless necessary, on a non-discriminatory basis, for information purposes.
3. Without prejudice to the enforcement of the competition and user protection rules prevailing in each Contracting Party, neither Contracting Party shall take unilateral action to prevent the application of a proposed tariff or the continued application of an existing tariff of a designated airline of the other Contracting Party for international transport in the services covered by this Agreement. The Parties shall only intervene in order to:
(a) Avoid unreasonable, discriminatory prices or practices;
(b) Protect users against unfairly high or restrictive tariffs resulting from the abuse of a dominant position;
(c) Protect other airlines from tariffs that are artificially low because of direct or indirect State subsidies or support;
(d) Protect other airlines from artificially low tariffs, where there is evidence of an attempt to eliminate competition.
4. Notwithstanding the provisions of paragraph 3 of this article, the aeronautical authorities of those Contracting Parties, and may be disapproved at any time whether or not previously approved. The submission of such agreements is not the filing of a tariff for the purposes of the provisions of paragraph (3) of this Article. Such agreements shall be submitted to the aeronautical authorities of both Contracting Parties for approval at least 105 days before the proposed date of effectiveness, accompanied by such justification as each Contracting Party may require of its own expressly approve tariffs submitted to them by the designated airlines. The period of 105 days may be reduced with When these authorities consider that a particular tariff falls within the consent of categories described in subparagraphs 3 (a), (b), (c) and (d), they shall notify the aeronautical authorities of the other Contracting Party and the airline concerned of their dissatisfaction, giving reasons, as soon as possible and in no case later than 30 days after the date of notification or submission of the tariff in question, and may request the consultation procedures set out in paragraph 5 of this article. Unless both aeronautical authorities have agreed in writing to disapprove them in accordance with whom a filing is madethe above-mentioned procedures, the tariffs shall be deemed to be approved.
5. The aeronautical authorities of each Contracting Party shall use their best efforts to approve or disapprove (in whole or in part) each agreement submitted in accordance may request that consultations with this paragraph on or before the 60th day after its submission. Each Contracting Party may require that tariffs reflecting agreements approved by it be filed and published in accordance with its laws.
(3) Any proposed tariff for carriage between Hong Kong and the United States shall be filed with the aeronautical authorities of the Contracting Parties by the designated airline or airlines seeking its approval in such form as the aeronautical authorities may separately require to disclose the particulars referred to in Article 1, paragraph (i). It shall be filed not less than 40 days (or such shorter period as the aeronautical authorities of the Contracting Parties may agree) before the proposed effective date. The proposed tariff shall be treated as having been filed with the aeronautical authorities of a Contracting Party on the date on which it is received by those aeronautical authorities.
(4) Any proposed tariff may be approved by the aeronautical authorities of a Contracting Party at any time and, provided it has been filed in accordance with paragraph (3) of this Article, shall be deemed to have been approved by the aeronautical authorities of that Contracting Party unless, within 30 days (or such shorter period as the aeronautical authorities of the Contracting Parties may agree) after the date of filing, the aeronautical authorities of one Contracting Party have served on the aeronautical authorities of the other Contracting Party written notice of disapproval of the proposed tariff.
(5) If a notice of disapproval is given in accordance with the provisions of paragraph (4) of this Article either Contracting Party may, within 30 days of the service of the notice of disapproval, request consultations between the Contracting Parties which shall be held within 30 days from the date on any tariff applied by an airline of the other Contracting Party receives such request in writing for the purpose of attempting to reach agreement international transport on the appropriate tariffs.
(6) If services covered by this Agreement, including any tariff for which notice of dissatisfaction has been given. Such consultations shall be held not later than 30 days after receipt of the request. The aeronautical authorities of the Contracting Parties shall cooperate in securing the information necessary for a reasonable resolution of the matter. If, in such consultations, agreement is reached with respect to the tariff in question, the aeronautical authorities of both Contracting Parties shall endeavour to bring such agreement into force. If no mutual agreement is reached, the tariff shall take effect or continue to apply.
6. For international transport on the appropriate tariff under paragraph (5) of services covered by this ArticleAgreement, each Contracting Party shall exercise its best efforts to put such tariff into effect. If an agreement is not reached prior to permit the proposed effective date designated airlines of the tariff, or if consultations are not requested, the aeronautical authorities of the Contracting Party expressing dissatisfaction with that tariff may take action to continue in force the existing tariffs beyond the date on which they would otherwise have expired at the levels and under the conditions (including seasonal variations) set forth therein. In this event, the other Contracting Party shall similarly take to offer tariffs similar to those charged by any action necessary to continue airline for comparable air service between the existing tariffs in effectsame points.
(7) A . Any tariff established in accordance with the provisions of this Article article shall remain valid in force until a replacement new tariff has been established.
(a) The tariffs to be charged . Any tariff approved without an expiry deadline shall remain in force if a new rate is not introduced or approved, until it is cancelled by the designated airlines of Hong Kong for carriage between the United States and another State shall be subject to approval by the aeronautical authorities of the United States and, where appropriate, of the other State. The tariffs to be charged by the designated airlines of the United States for carriage between Hong Kong and a State other than the United States shall be subject to approval by the aeronautical authorities of Hong Kong and, where appropriate, of the other State.
(b) Any proposed tariff for such carriage shall be filed by the designated airline of one concerned or until both Contracting Party seeking approval of such tariff with the aeronautical authorities of the other Contracting Party. It shall be filed in such form as those aeronautical authorities may require to disclose the particulars referred to in Article 1, paragraph (1) and not less than 40 days (or such shorter period as they may decide) prior to the proposed effective date. The proposed tariff shall be treated as having been filed on the date on which Parties agree that it is received by those aeronautical authorities.
(c) Such tariff may be approved at any time by the aeronautical authorities of the Contracting Party with whom it has been filed and shall be deemed to have been approved by them unless, within 30 days after the date of filing, they have served on the designated airline seeking approval of such tariff written notice of disapproval.
(d) Notwithstanding the provisions of paragraph (7), a tariff approved by virtue of paragraph (9) for carriage by a U.S. designated airline between Hong Kong and a state other than the United States or for carriage by a Hong Kong designated airline between the United States and another state shall not be prolonged past the original expiry date, if any, of the tariff to which it corresponds, if that tariff is should no longer in effect or has been amendedbe applied.
(9) Notwithstanding the provisions of paragraphs (4) and (8)(c) of this Article, the aeronautical authorities of a Contracting Party shall not disapprove any proposed tariff filed with them by a designated airline which corresponds (e.g. in price level, conditions and date of expiry but not necessarily the routeing being used) to the tariff charged by an airline of that Contracting Party for comparable services between the same points or is more restrictive or higher than that tariff.
Appears in 1 contract
Sources: Air Transport Agreement
Tariffs. (1) The tariffs to be charged by the designated airlines of the Contracting Parties for carriage between Hong Kong and the United States shall be those approved by the aeronautical authorities of both Contracting Parties and shall be established at reasonable levels, due regard being had to all relevant factors, including the cost of operating the agreed services, the interests of users, reasonable profit and the tariffs of other airlines operating over the whole or part of the same route. To further the reasonable interests of users of air transport services, and to encourage the further development of civil aviation, individual airlines should be encouraged to initiate innovative, cost-based tariffs.
(2) Any tariff agreements with respect to carriage by the designated airlines concluded as a result of inter-carrier discussions, including those held under the traffic conference procedures of the International Air Transport Association, or any other association of international airlines, and involving the airlines of the Contracting Parties will be subject to the approval of the aeronautical authorities of those Contracting Parties, and may be disapproved at any time whether or not previously approved. The submission of such agreements is not the filing of a tariff for the purposes of the provisions of paragraph (3) of this Article. Such agreements shall be submitted to the aeronautical authorities of both Contracting Parties for approval at least 105 days before the proposed date of effectiveness, accompanied by such justification as each Contracting Party may require of its own designated airlines. The period of 105 days may be reduced with the consent of the aeronautical authorities of the Contracting Party with whom a filing is made. The aeronautical authorities of each Contracting Party shall use their best efforts to approve or disapprove (in whole or in part) each agreement submitted in accordance with this paragraph on or before the 60th day after its submission. Each Contracting Party may require that tariffs reflecting agreements approved by it be filed and published in accordance with its laws.
(3) Any proposed tariff for carriage between Hong Kong and the United States shall be filed with the aeronautical authorities of the Contracting Parties by the designated airline or airlines seeking its approval in such form as the aeronautical authorities may separately require to disclose the particulars referred to in Article 1, paragraph (i). It shall be filed not less than 40 days (or such shorter period as the aeronautical authorities of the Contracting Parties may agree) before the proposed effective date. The proposed tariff shall be treated as having been filed with the aeronautical authorities of a Contracting Party on the date on which it is received by those aeronautical authorities.
(4) Any proposed tariff may be approved by the aeronautical authorities of a Contracting Party at any time and, provided it has been filed in accordance with paragraph (3) of this Article, shall be deemed to have been approved by the aeronautical authorities of that Contracting Party unless, within 30 days (or such shorter period as the aeronautical authorities of the Contracting Parties may agree) after the date of filing, the aeronautical authorities of one Contracting Party have served on the aeronautical authorities of the other Contracting Party written notice of disapproval of the proposed tariff.
(5) If a notice of disapproval is given in accordance with the provisions of paragraph (4) of this Article either Contracting Party may, within 30 days of the service of the notice of disapproval, request consultations between the Contracting Parties which shall be held within 30 days from the date the other Contracting Party receives such request in writing for the purpose of attempting to reach agreement on the appropriate tariffs.
(6) If agreement is reached on the appropriate tariff under paragraph (5) of this Article, each Contracting Party shall exercise its best efforts to put such tariff into effect. If an agreement is not reached prior to the proposed effective date of the tariff, or if consultations are not requested, the aeronautical authorities of the Contracting Party expressing dissatisfaction with that tariff may take action to continue in force the existing tariffs beyond the date on which they would otherwise have expired at the levels and under the conditions (including seasonal variations) set forth therein. In this event, the other Contracting Party shall similarly take any action necessary to continue the existing tariffs in effect.
(7) A tariff established in accordance with the provisions of this Article shall remain valid until a replacement tariff has been established.
(a) The tariffs to be charged by the designated airlines of Hong Kong for carriage between the United States and another State shall be subject to approval by the aeronautical authorities of the United States and, where appropriate, of the other State. The tariffs to be charged by the designated airlines of each Party for the United States for international carriage between Hong Kong and a State other than in the United States services provided under this Agreement shall be subject freely established at reasonable levels, due regard being paid to approval all relevant factors, including the cost of operations, the characteristics of the service, the interest of users, a reasonable profit and other market consideration.
2. Each Party may require notification to or filing with its Aeronautical Authorities of tariffs to be charged to or from its territory by the aeronautical authorities of Hong Kong and, where appropriate, designated airlines of the other StateParty. Notification of filing by the designated airlines of either Parties may be required no more than thirty (30) working days before the proposed date of effectiveness. In individual cases, notification or filing may be permitted on shorter notice than normally required. Neither Party shall require the notification nor filing by airlines of the other Party of tariffs charged by charterers to the public, except as be required in a non-discriminatory basis for information purposes.
3. Without prejudice of the applicable competition and consumer protection law prevailing in each Party, neither Party shall take unilateral action to prevent the inauguration or continuation of an effective tariff proposed to be charged or charged by a designated airline of the other Party for international air transportation in the services provided under this Agreement. Intervention by the Parties shall be limited to:
(a) prevention of unreasonably discriminatory prices or practices;
(b) Any proposed tariff for such carriage shall be protection of consumers from prices that are unreasonably high or restrictive due to abuse of a dominant position;
(c) protection of airlines from prices that are artificially low due to direct or indirect subsidy or support; and
(d) protection of airlines from prices that are artificially low, where evidence exists as to an intent to eliminate competition.
4. Without prejudice to the previous paragraph 3 of this Article, the Aeronautical Authorities of either Party may expressly approve the tariffs filed by the designated airline airlines. Where such aeronautical authorities find that a certain tariff falls within the categories set forth in paragraph 3(a), 3(b), 3(c) and 3(d), they shall send reasoned notification of one Contracting Party seeking approval of such tariff with its dissatisfaction to the aeronautical authorities of the other Contracting Party and to the concerned airline as soon as possible, and in no event later than thirty (30) working days after the date of filing of the tariff in question and may request consultations. If the other Party. It /airline accepts the contention, the tariff shall be filed in such form as those aeronautical authorities may require withdrawn forthwith. Otherwise the consultation requested by the first Party shall be within thirty (30) working days of the request and both Parties shall endeavour to disclose reach a satisfactory resolution. Unless both Aeronautical Authorities have agreed to disapprove a tariff, the particulars referred to in Article 1, paragraph (1) and not less than 40 days (or such shorter period as they may decide) prior to the proposed effective date. The proposed tariff shall be treated as having been filed on the date on which it is received by those aeronautical authorities.
(c) Such tariff may be approved at any time by the aeronautical authorities of the Contracting Party with whom it has been filed and shall continue to be deemed to have been approved by them unless, within 30 days after the date of filing, they have served on the designated airline seeking approval of such tariff written notice of disapprovalin effect.
(d) Notwithstanding the provisions of paragraph (7), a tariff approved by virtue of paragraph (9) for carriage by a U.S. designated airline between Hong Kong and a state other than the United States or for carriage by a Hong Kong designated airline between the United States and another state shall not be prolonged past the original expiry date, if any, of the tariff to which it corresponds, if that tariff is no longer in effect or has been amended.
(9) Notwithstanding the provisions of paragraphs (4) and (8)(c) of this Article, the aeronautical authorities of a Contracting Party shall not disapprove any proposed tariff filed with them by a designated airline which corresponds (e.g. in price level, conditions and date of expiry but not necessarily the routeing being used) to the tariff charged by an airline of that Contracting Party for comparable services between the same points or is more restrictive or higher than that tariff.
Appears in 1 contract
Sources: Air Services Agreement
Tariffs. (1) . The Contracting Parties agree to give particular attention to tariffs to which may be charged objectionable because they appear unreasonably discriminatory, unduly high or restrictive because of the abuse of a dominant position, artificially low because of indirect subsidy or support or, “ predatory”.
2. Each Contracting Party may require notification or filling of tariffs proposed by the designated airlines airline(s) of the other Contracting Parties Party for carriage between Hong Kong and the United States shall be those approved by the aeronautical authorities of both Contracting Parties and shall be established at reasonable levels, due regard being had to all relevant factors, including the cost of operating the agreed services, the interests of users, reasonable profit and the tariffs of other airlines operating over the whole or part of the same routefrom its territory. To further the reasonable interests of users of air transport services, and to encourage the further development of civil aviation, individual airlines should be encouraged to initiate innovative, cost-based tariffs.
(2) Any tariff agreements with respect to carriage by the designated airlines concluded as a result of inter-carrier discussions, including those held under the traffic conference procedures of the International Air Transport Association, Such notification or any other association of international airlines, and involving the airlines of the Contracting Parties will be subject to the approval of the aeronautical authorities of those Contracting Parties, and filing may be disapproved at any time whether or required not previously approved. The submission of such agreements is not the filing of a tariff for the purposes of the provisions of paragraph more than 30 (3thirty) of this Article. Such agreements shall be submitted to the aeronautical authorities of both Contracting Parties for approval at least 105 days before the proposed date of effectivenessintroduction. In special cases, accompanied this period may be reduced.
3. Neither Contracting Party shall take unilateral action to prevent the inauguration of a proposed tariff on the basis of carriage between the territories of the Contracting Parties or between the territory of the other Contracting Party and that of a third State.
4. Approval of tariffs consequent upon the provisions of Paragraph (3) of this Article may be given expressly by either Contracting Party to the airline(s) filing the tariffs. Where either Contracting Party believe that a tariffs falls within the categories described in Paragraph (1) of this Article, such justification Contracting Party shall give notice of dissatisfaction to the other Contracting Party as soon as possible, and may avail itself of the consultation procedures set out in Paragraph (5) of this Article. However, unless both Contracting Parties have agreed in writing to disapprove the tariffs concerned under those procedures the tariffs shall be considered approved.
5. Each Contracting Party may request consultation regarding any tariff of an airline of either Contracting Party for services covered by this Agreement, including where the tariff concerned has been subject to a notice of dissatisfaction. Such consultation shall be held not later than 30 (thirty) days after receipt of the request. The Contracting Parties shall cooperate in securing information necessary for reasonable resolution of the issue. If the Contracting Parties reach agreement with respect to a tariff for which notice of dissatisfaction has been given, each Contracting Party may require of shall use its own designated airlinesbest efforts to put that agreement into effect but if no agreement is reached the tariff in question shall go into or continue in effect.
6. The period of 105 days Approval may be reduced with the consent given expressly. However, if neither of the aeronautical authorities of the Contracting Party with whom Parties has expressed disapproval of the proposed tariffs within a filing is madereasonable period if possible, or within thirty 30 (thirty) days from the date of submission, these tariffs shall be considered approved. The aeronautical authorities In the event of each Contracting Party shall use their best efforts to approve or disapprove (in whole or in part) each agreement submitted the period for submission being reduced in accordance with Paragraph (5) of this paragraph on or before Article the 60th day after its submissionaeronautical authorities may agree that the period within which any disapproval must be notified shall also be reduced accordingly.
7. Each Contracting Party may require that tariffs reflecting agreements approved by it If a tariff cannot be filed and published agreed in accordance with its laws.
Paragraphs (3) Any proposed tariff for carriage between Hong Kong and (4) of this Article, or if during the United States shall be filed period applicable in accordance with Paragraph (5) of this Article a notice of disapproval has been given, the aeronautical authorities of the Contracting Parties shall endeavor to determine the tariff by the designated airline or airlines seeking its approval in such form as the aeronautical authorities may separately require to disclose the particulars referred to in Article 1, paragraph (i)agreement between themselves.
8. It shall be filed not less than 40 days (or such shorter period as If the aeronautical authorities of the Contracting Parties may agree) before the proposed effective date. The proposed cannot determine a tariff shall be treated as having been filed with the aeronautical authorities of a Contracting Party on the date on which it is received by those aeronautical authorities.
(4) Any proposed tariff may be approved by the aeronautical authorities of a Contracting Party at any time and, provided it has been filed in accordance with paragraph Paragraph (37) of this Article, the dispute shall be deemed to have been approved by the aeronautical authorities of that Contracting Party unless, within 30 days (or such shorter period as the aeronautical authorities of the Contracting Parties may agree) after the date of filing, the aeronautical authorities of one Contracting Party have served on the aeronautical authorities of the other Contracting Party written notice of disapproval of the proposed tariff.
(5) If a notice of disapproval is given settled in accordance with the provisions of paragraph Article (424) of this Article either Contracting Party may, within 30 days of the service of the notice of disapproval, request consultations between the Contracting Parties which shall be held within 30 days from the date the other Contracting Party receives such request in writing for the purpose of attempting to reach agreement on the appropriate tariffsAgreement.
(6) If agreement is reached on the appropriate tariff under paragraph (5) of this Article, each Contracting Party shall exercise its best efforts to put such tariff into effect9. If an agreement is not reached prior to the proposed effective date of the tariff, or if consultations are not requested, the aeronautical authorities of the Contracting Party expressing dissatisfaction with that tariff may take action to continue in force the existing tariffs beyond the date on which they would otherwise have expired at the levels and under the conditions (including seasonal variations) set forth therein. In this event, the other Contracting Party shall similarly take any action necessary to continue the existing tariffs in effect.
(7) A tariff established in accordance with the provisions of this Article shall remain valid in force until a replacement new tariff has been established.
(a) The tariffs to be charged by the designated airlines of Hong Kong for carriage between the United States and another State shall be subject to approval by the aeronautical authorities of the United States and. Nevertheless, where appropriate, of the other State. The tariffs to be charged by the designated airlines of the United States for carriage between Hong Kong and a State other than the United States shall be subject to approval by the aeronautical authorities of Hong Kong and, where appropriate, of the other State.
(b) Any proposed tariff for such carriage shall be filed by the designated airline of one Contracting Party seeking approval of such tariff with the aeronautical authorities of the other Contracting Party. It shall be filed in such form as those aeronautical authorities may require to disclose the particulars referred to in Article 1, paragraph (1) and not less than 40 days (or such shorter period as they may decide) prior to the proposed effective date. The proposed tariff shall not be treated as having been filed on prolonged by virtue of this Paragraph for more than 12 (twelve) months after the date on which it is received by those aeronautical authoritieswould otherwise have expired.
(c) Such tariff may be approved at any time by the aeronautical authorities of the Contracting Party with whom it has been filed and shall be deemed to have been approved by them unless, within 30 days after the date of filing, they have served on the designated airline seeking approval of such tariff written notice of disapproval.
(d) Notwithstanding the provisions of paragraph (7), a tariff approved by virtue of paragraph (9) for carriage by a U.S. designated airline between Hong Kong and a state other than the United States or for carriage by a Hong Kong designated airline between the United States and another state shall not be prolonged past the original expiry date, if any, of the tariff to which it corresponds, if that tariff is no longer in effect or has been amended.
(9) Notwithstanding the provisions of paragraphs (4) and (8)(c) of this Article, the aeronautical authorities of a Contracting Party shall not disapprove any proposed tariff filed with them by a designated airline which corresponds (e.g. in price level, conditions and date of expiry but not necessarily the routeing being used) to the tariff charged by an airline of that Contracting Party for comparable services between the same points or is more restrictive or higher than that tariff.
Appears in 1 contract
Sources: Air Services Agreement
Tariffs. (1) The Each Contracting Party shall allow tariffs for air services to be established by each designated airline based upon commercial considerations in the marketplace. Intervention by the Contracting Parties shall be limited to: prevention of predatory or discriminatory tariffs or practices; protection of consumers from tariffs that are unduly high or restrictive because of the abuse of a dominant position; and protection of airlines from tariffs that are artificially low because of direct or indirect governmental subsidy or support. 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 both Contracting Parties. Notification or filing by the designated airlines of the Contracting Parties for carriage between Hong Kong and the United States shall be those approved by the aeronautical authorities of both Contracting Parties and shall be established at reasonable levels, due regard being had to all relevant factors, including the cost of operating the agreed services, the interests of users, reasonable profit and the tariffs of other airlines operating over the whole or part of the same route. To further the reasonable interests of users of air transport services, and to encourage the further development of civil aviation, individual airlines should be encouraged to initiate innovative, cost-based tariffs.
(2) Any tariff agreements with respect to carriage by the designated airlines concluded as a result of inter-carrier discussions, including those held under the traffic conference procedures of the International Air Transport Association, or any other association of international airlines, and involving the airlines of the Contracting Parties will be subject to the approval of the aeronautical authorities of those Contracting Parties, and may be disapproved at any time whether or not previously approved. The submission of such agreements is not the filing of a tariff for the purposes of the provisions of paragraph (3) of this Article. Such agreements shall be submitted to the aeronautical authorities of both Contracting Parties for approval at least 105 required no more than 30 days before the proposed date of effectiveness. In individual cases, accompanied by such justification as each notification or filing may be permitted on shorter notice than normally required. Neither Contracting Party may require shall take unilateral action to prevent the introduction or continuation of its own designated airlines. The period a tariff proposed to be charged or charged by (a) an airline of 105 days may be reduced with either Contracting Party for international air services between the consent of the aeronautical authorities territories of the Contracting Parties, or (b) an airline of one Contracting Party for international air services between the territories of the other Contracting Party and any other country, including in both cases services on an interline or intraline basis. If either Contracting Party believes that any such tariff as described in paragraph 3 of this Article is inconsistent with whom 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 filing is made. The aeronautical authorities tariff for which a notice of dissatisfaction has been given, each Contracting Party shall use their best efforts to approve or disapprove (in whole or in part) each agreement submitted in accordance with this paragraph on or before the 60th day after its submission. Each Contracting Party may require that tariffs reflecting agreements approved by it be filed and published in accordance with its laws.
(3) Any proposed tariff for carriage between Hong Kong and the United States shall be filed with the aeronautical authorities of the Contracting Parties by the designated airline or airlines seeking its approval in such form as the aeronautical authorities may separately require to disclose the particulars referred to in Article 1, paragraph (i). It shall be filed not less than 40 days (or such shorter period as the aeronautical authorities of the Contracting Parties may agree) before the proposed effective date. The proposed tariff shall be treated as having been filed with the aeronautical authorities of a Contracting Party on the date on which it is received by those aeronautical authorities.
(4) Any proposed tariff may be approved by the aeronautical authorities of a Contracting Party at any time and, provided it has been filed in accordance with paragraph (3) of this Article, shall be deemed to have been approved by the aeronautical authorities of that Contracting Party unless, within 30 days (or such shorter period as the aeronautical authorities of the Contracting Parties may agree) after the date of filing, the aeronautical authorities of one Contracting Party have served on the aeronautical authorities of the other Contracting Party written notice of disapproval of the proposed tariff.
(5) If a notice of disapproval is given in accordance with the provisions of paragraph (4) of this Article either Contracting Party may, within 30 days of the service of the notice of disapproval, request consultations between the Contracting Parties which shall be held within 30 days from the date the other Contracting Party receives such request in writing for the purpose of attempting to reach agreement on the appropriate tariffs.
(6) If agreement is reached on the appropriate tariff under paragraph (5) of this Article, each Contracting Party shall exercise its best efforts to put such tariff that agreement into effect. If an agreement is not reached prior to the proposed effective date of the tariffWithout such mutual agreement, or if consultations are not requested, the aeronautical authorities of the Contracting Party expressing dissatisfaction with that tariff may take action to shall go into effect or continue in force the existing tariffs beyond the date on which they would otherwise have expired at the levels and under the conditions (including seasonal variations) set forth therein. In this event, the other Contracting Party shall similarly take any action necessary to continue the existing tariffs in effect.
(7) A tariff established in accordance with the provisions of this Article shall remain valid until a replacement tariff has been established.
(a) The tariffs to be charged by the designated airlines of Hong Kong for carriage between the United States and another State shall be subject to approval by the aeronautical authorities of the United States and, where appropriate, of the other State. The tariffs to be charged by the designated airlines of the United States for carriage between Hong Kong and a State other than the United States shall be subject to approval by the aeronautical authorities of Hong Kong and, where appropriate, of the other State.
(b) Any proposed tariff for such carriage shall be filed by the designated airline of one Contracting Party seeking approval of such tariff with the aeronautical authorities of the other Contracting Party. It shall be filed in such form as those aeronautical authorities may require to disclose the particulars referred to in Article 1, paragraph (1) and not less than 40 days (or such shorter period as they may decide) prior to the proposed effective date. The proposed tariff shall be treated as having been filed on the date on which it is received by those aeronautical authorities.
(c) Such tariff may be approved at any time by the aeronautical authorities of the Contracting Party with whom it has been filed and shall be deemed to have been approved by them unless, within 30 days after the date of filing, they have served on the designated airline seeking approval of such tariff written notice of disapproval.
(d) Notwithstanding the provisions of paragraph (7), a tariff approved by virtue of paragraph (9) for carriage by a U.S. designated airline between Hong Kong and a state other than the United States or for carriage by a Hong Kong designated airline between the United States and another state shall not be prolonged past the original expiry date, if any, of the tariff to which it corresponds, if that tariff is no longer in effect or has been amended.
(9) Notwithstanding the provisions of paragraphs (4) and (8)(c) of this Article, the aeronautical authorities of a Contracting Party shall not disapprove any proposed tariff filed with them by a designated airline which corresponds (e.g. in price level, conditions and date of expiry but not necessarily the routeing being used) to the tariff charged by an airline of that Contracting Party for comparable services between the same points or is more restrictive or higher than that tariff.
Appears in 1 contract
Sources: Air Services Agreement
Tariffs. (1) The . Each Contracting Party shall allow Tariffs to be established by each Designated Airline based upon its commercial considerations in the market place. Neither Contracting Party shall require the Designated Airlines to consult other airlines about the tariffs they charge or propose to charge.
2. Each Contracting Party may require prior filing with its Aeronautical Authorities, of prices to be charged to or from its Territory by the designated airlines of the Contracting Parties for carriage between Hong Kong and the United States shall be those approved by the aeronautical authorities Designated Airlines of both Contracting Parties and shall be established at reasonable levels, due regard being had to all relevant factors, including the cost of operating the agreed services, the interests of users, reasonable profit and the tariffs of other airlines operating over the whole Parties. Such filing by or part on behalf of the same route. To further the reasonable interests of users of air transport services, and to encourage the further development of civil aviation, individual airlines should be encouraged to initiate innovative, cost-based tariffs.
(2) Any tariff agreements with respect to carriage by the designated airlines concluded as a result of inter-carrier discussions, including those held under the traffic conference procedures of the International Air Transport Association, or any other association of international airlines, and involving the airlines of the Contracting Parties will be subject to the approval of the aeronautical authorities of those Contracting Parties, and Designated Airlines may be disapproved at any time whether or not previously approved. The submission of such agreements is not the filing of a tariff for the purposes of the provisions of paragraph (3) of this Article. Such agreements shall be submitted to the aeronautical authorities of both Contracting Parties for approval at least 105 required by no more than 30 days before the proposed date of effectiveness. In individual cases, accompanied by such justification as each filing may be permitted on shorter notice than normally required. If a Contracting Party may require permits an airline to file a price on short notice, the price shall become effective on the proposed date for traffic originating in the territory of its own designated airlinesthat Contracting Party.
3. The period of 105 days may be reduced with the consent of the aeronautical authorities of the Contracting Party with whom a filing is made. The aeronautical authorities of each Except as otherwise provided in this Article, neither Contracting Party shall use their best efforts take unilateral action to approve prevent the inauguration or disapprove (in whole continuation of a price proposed to be charged or in part) each agreement submitted in accordance with this paragraph on or before the 60th day after its submission. Each charged by a Designated Airline of either Contracting Party may require that tariffs reflecting agreements approved by it be filed and published in accordance with its lawsfor international air transportation.
(3) Any proposed tariff for carriage between Hong Kong and the United States shall be filed with the aeronautical authorities of 4. Intervention by the Contracting Parties by the designated airline or airlines seeking its approval in such form as the aeronautical authorities may separately require to disclose the particulars referred to in Article 1, paragraph (i). It shall be filed not less than 40 days (limited to:
a) Prevention of Tariffs whose application constitutes anti-competitive behavior which has or such shorter period as is likely to or intended to have the aeronautical authorities effect of crippling a competitor or excluding a competitor from a route;
b) protection of consumers from prices that are unreasonably high or restrictive due to the Contracting Parties may agreeabuse of a dominant position; and
c) before the proposed effective dateProtection of Designated Airlines from prices that are artificially low.
5. The proposed tariff shall be treated as having been filed with the aeronautical authorities of If a Contracting Party on the date on which it is received believes that a price proposed to be charged by those aeronautical authorities.
(4) Any proposed tariff may be approved by the aeronautical authorities of a Contracting Party at any time and, provided it has been filed in accordance with paragraph (3) of this Article, shall be deemed to have been approved by the aeronautical authorities of that Contracting Party unless, within 30 days (or such shorter period as the aeronautical authorities of the Contracting Parties may agree) after the date of filing, the aeronautical authorities of one Contracting Party have served on the aeronautical authorities Designated Airline of the other Contracting Party written notice of disapproval of the proposed tariff.
(5) If a notice of disapproval for international air transportation is given inconsistent with considerations set forth in accordance with the provisions of paragraph (4) of this Article either Contracting Party mayArticle, within 30 days of the service of the notice of disapproval, it shall request consultations between the Contracting Parties which shall be held within 30 days from the date and notify the other Contracting Party receives such request of the reasons for its dissatisfaction as soon as possible. These consultations shall be held not later than 30 days after receipt of the request, and the Contracting Parties shall cooperate in writing securing information necessary for reasoned resolution of the purpose of attempting to issue. If the Contracting Parties reach agreement on the appropriate tariffs.
(6) If agreement is reached on the appropriate tariff under paragraph (5) with respect to a price for which a notice of this Articledissatisfaction has been given, each Contracting Party shall exercise use its best efforts to put such tariff that agreement into effect. If an Without such mutual agreement is not reached prior to the proposed effective date of the tariff, or if consultations are not requestedcontrary, the aeronautical authorities of the Contracting Party expressing dissatisfaction with that tariff may take action to previously existing price shall continue in force the existing tariffs beyond the date on which they would otherwise have expired at the levels and under the conditions (including seasonal variations) set forth therein. In this event, the other Contracting Party shall similarly take any action necessary to continue the existing tariffs in effect.
(7) A tariff established in accordance with the provisions of this Article shall remain valid until a replacement tariff has been established.
(a) The tariffs to be charged by the designated airlines of Hong Kong for carriage between the United States and another State shall be subject to approval by the aeronautical authorities of the United States and, where appropriate, of the other State. The tariffs to be charged by the designated airlines of the United States for carriage between Hong Kong and a State other than the United States shall be subject to approval by the aeronautical authorities of Hong Kong and, where appropriate, of the other State.
(b) Any proposed tariff for such carriage shall be filed by the designated airline of one Contracting Party seeking approval of such tariff with the aeronautical authorities of the other Contracting Party. It shall be filed in such form as those aeronautical authorities may require to disclose the particulars referred to in Article 1, paragraph (1) and not less than 40 days (or such shorter period as they may decide) prior to the proposed effective date. The proposed tariff shall be treated as having been filed on the date on which it is received by those aeronautical authorities.
(c) Such tariff may be approved at any time by the aeronautical authorities of the Contracting Party with whom it has been filed and shall be deemed to have been approved by them unless, within 30 days after the date of filing, they have served on the designated airline seeking approval of such tariff written notice of disapproval.
(d) Notwithstanding the provisions of paragraph (7), a tariff approved by virtue of paragraph (9) for carriage by a U.S. designated airline between Hong Kong and a state other than the United States or for carriage by a Hong Kong designated airline between the United States and another state shall not be prolonged past the original expiry date, if any, of the tariff to which it corresponds, if that tariff is no longer in effect or has been amended.
(9) Notwithstanding the provisions of paragraphs (4) and (8)(c) of this Article, the aeronautical authorities of a Contracting Party shall not disapprove any proposed tariff filed with them by a designated airline which corresponds (e.g. in price level, conditions and date of expiry but not necessarily the routeing being used) to the tariff charged by an airline of that Contracting Party for comparable services between the same points or is more restrictive or higher than that tariff.
Appears in 1 contract
Sources: Air Services Agreement