|
[接上页] primary objective the provision at reasonable load factor of capacity adequate to meet the current and reasonably anticipated requirements for the carriage of passengers and cargo, including mail to or from the area of the Contracting Party which has designated the airline. Provision for the carriage of passengers and cargo, including mail taken on board and discharged at points on the specified routes other than points in the area of the Contracting Party which designated the airline shall be made in accordance with the general principles that capacity shall be related to: a) Traffic requirements to and from the area of the Contracting Party which has designated the airlines; b) Traffic requirements of the region through which the agreed service passes, after taking into account of the other transport services established by the airlines of the States comprising the region. Article 8 Approval of Schedules 1. The designated airlines of the Contracting Parties shall submit their proposed schedules for the agreed services and any amendments thereto for the approval of the Aeronautical Authorities of both Contracting Parties no later than 30 days before their proposed effective date. 2. The designated airlines of the Contracting Parties may operate on an "ad hoc" basis flights supplementary to the agreed services. Applications for the approval of such flights shall be submitted to the Aeronautical Authorities of both Contracting Parties no later than 3 working days before the proposed date of operation. Article 9 Tariffs 1. The term "tariff" means: a) The fare charged by an airline for the carriage of passengers and their baggage on scheduled air services and the charges and conditions for the services ancillary to such carriage; b) The freight rate charged by an airline for the carriage of cargo (excluding mail) on scheduled air services; c) The conditions governing the availability or applicability of any such fare or freight rate including any benefits attaching to it; and d) The rate of commission paid by an airline to an agent in respect of tickets sold or air waybills completed by that agent for carriage on scheduled services. 2. The tariffs to be applied by a designated airline of one Contracting Party for carriage to and from the area of the other Contracting Party shall be established at reasonable levels, due regard being paid to all relevant factors, including cost of operation, the interest of users, reasonable profit, the characteristics of each service and the tariffs charged by other airlines. 3. The tariffs referred to in paragraph 2 of this Article may be agreed by the designated airlines seeking approval of the tariff after consultation with other airlines. However, the designated airline shall not be precluded from proposing nor the Aeronautical Authorities from approving, any tariff, if that airline shall have failed to obtain the agreement of the other designated airlines to such tariff, or because no other designated airline is operating on the same route. In this context "the same route" means the route operated, not the specified route. 4. The tariffs referred to in paragraph 3 of this Article shall be submitted for approval to the Aeronautical Authorities of the Contracting Parties at least 60 days before the proposed date of their introduction. If within 30 days, after the submission of the tariffs neither of the Aeronautical Authorities notifies to the other Aeronautical Authorities its disapproval, these tariffs shall be considered to have been approved. In special cases, this time limits may be reduced, subject to the Agreement of the said authorities. 5. If a tariff has been disapproved by the Aeronautical Authorities of one Contracting Party in accordance with paragraph 4 of this Article, the Aeronautical Authorities of both Contracting Parties shall endeavor to determine the tariff by mutual agreement. Such negotiations shall begin within 30 days from the date on which the Aeronautical Authorities of one Contracting Party have notified to the Aeronautical Authorities of the other Contracting Party their disapproval of the tariff. In the absence of agreement, the dispute shall be dealt with in accordance with the provisions laid down in Article 18 of this Agreement. 6. A tariff already established shall remain in force until a new tariff has been established in accordance with the provisions of this Article or Article 17 of this Agreement but not longer than 12 months from the date of disapproval by the Aeronautical Authorities of one of the Contracting Parties. 7. The Aeronautical Authorities of each Contracting Party shall use their best endeavors to ensure that the designated airlines conform to the agreed tariffs filed with the Aeronautical Authorities of the Contracting Parties, and that no airline illegally rebates any portion of such tariffs by any means, |