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Article 18 Verdrag inzake luchtvervoer tussen het Koninkrijk der Nederlanden, ten behoeve van Curaçao, en de Portugese Republiek

1 The Tariffs to be charged by the Designated Airlines of one Party for carriage to or from the Territory of the other Party shall be established at reasonable levels, due regard being paid to all relevant factors, including cost of operation, reasonable profit and the Tariffs of other Airlines operating the whole or part of the same route.

2 The Tariffs shall be submitted for the approval of the Aeronautical Authorities of both Parties at least thirty (30) days before the proposed date of their introduction. In special cases, this period may be reduced, subject to the agreement of the said authorities.

3 This approval may be given in writing. If neither of the Aeronautical Authorities has expressed disapproval of the proposed Tariffs within twenty-five (25) days from the date of submission, in accordance with paragraph 2 of this Article, these Tariffs shall be considered as approved. In the event of the period for submission being reduced, as provided for in paragraph 2 of this Article, the Aeronautical Authorities may agree that the period within which any disapproval must be notified shall be less than twenty-five (25) days.

4 If during the period applicable in accordance with paragraph 3 of this Article, one Aeronautical Authority gives the other Aeronautical Authority notice of its disapproval of any Tariff, the Aeronautical Authorities of the two Parties shall endeavour to determine the Tariff by mutual agreement.

5 If the Aeronautical Authorities cannot agree on any Tariff submitted to them under paragraph 2 of this Article, or on the determination of any Tariff under paragraph 4 of this Article, the dispute shall be settled in accordance with the provisions of Article 21 of this Agreement.

6 A Tariff established in accordance with the provisions of this Article shall remain in force until a new Tariff has been established. Nevertheless, a Tariff shall not be prolonged by virtue of this paragraph for more than twelve (12) months after the date on which it otherwise would have expired.

7 The Parties may intervene to disapprove a Tariff. This intervention shall be limited to:

a) the protection of consumers from Tariffs that are excessive due to the abuse of market power;

b) the prevention of Tariffs whose application constitutes anti-competitive behaviour which has or is likely to have or is explicitly intended to have the effect of preventing, restricting or distorting competition or excluding a competitor from the route.

Regeling
Verdrag inzake luchtvervoer tussen het Koninkrijk der Nederlanden, ten behoeve van Curaçao, en de Portugese Republiek
Soort
Verdrag
Geldend vanaf
25-06-2019
BWB-id
BWBV0006829
Versie
2019-06-25_0

In de hele regeling · Officiële tekst op wetten.overheid.nl