BWBV0006974
Geldig vanaf 01-05-2023
Artikel 14
Verdrag inzake luchtdiensten tussen het Koninkrijk der Nederlanden, ten behoeve van Sint Maarten, en de Staat Koeweit
1. Each Contracting Party shall allow tariffs for air services to be established by each designated airline based on commercial considerations in the marketplace, including the cost of operation, the characteristics of the service, the interests of users, a reasonable profit, and other market considerations.
2. Each Contracting Party may require notification to or filing with its aeronautical authorities of tariffs to be charged to or from its territory by airlines of the other Contracting Party. Such notification or filing by the airlines of both Contracting Parties may be required to be made no later than the initial offering of a tariff.
3. Without prejudice to the applicable competition and consumer protection laws prevailing in each Contracting Party, neither Contracting Party shall take unilateral action to prevent the commencement or continuation of a tariff proposed to be charged or charged by a designated airline of the other Contracting Party in connection with the international air services provided for under this Agreement. Intervention, as described in paragraph 4 of this Article, by the Contracting Parties shall be limited to:
a) prevention of unreasonably discriminatory tariffs or practices;
b) protection of consumers from tariffs that are unreasonably high or restrictive due to the abuse of a dominant position or due to concerted practice among airlines;
c) protection of airlines from tariffs that are artificially low due to direct or indirect subsidy or support;
d) protection of airlines from tariffs that are artificially low, where evidence exists as to an intent to eliminate competition.
4. Without prejudice to the provisions of paragraph 3 of this Article, the aeronautical authorities of either Contracting Party may expressly disapprove tariffs submitted by the designated airlines of the other Contracting Party, where such aeronautical authorities find that a tariff proposed to be charged by such airlines falls within the categories set forth in paragraph 3 of this Article. In such an event, the concerned aeronautical authority:
a) shall send notification of its dissatisfaction to the aeronautical authorities of the other Contracting Party, and to the airline involved, as soon as possible, and in no event later than thirty (30) days after the date of notification or filing of the tariff in question; and
b) may request consultations in accordance with the procedures established under paragraph 5 of this Article.
Unless both aeronautical authorities have agreed to disapprove the tariff in question in writing, the tariff shall be treated as having been approved.
5. The aeronautical authorities of each Contracting Party may request consultations with the aeronautical authorities of the other Contracting Party on any tariff charged by an airline of the other Contracting Party for international air services to or from the territory of the first Contracting Party, including tariffs for which a notice of dissatisfaction has been given. These consultations shall be held no later than fifteen (15) days after receipt of the request. The aeronautical authorities of both Contracting Parties shall cooperate in securing the necessary information for a reasoned resolution of the issue. If an agreement is reached with respect to a tariff for which a notice of dissatisfaction has been given, the aeronautical authorities of each Contracting Party shall use their best efforts to put that agreement into effect. If such mutual agreement is not reached, the tariff shall come into effect or continue to be in effect.
2. Each Contracting Party may require notification to or filing with its aeronautical authorities of tariffs to be charged to or from its territory by airlines of the other Contracting Party. Such notification or filing by the airlines of both Contracting Parties may be required to be made no later than the initial offering of a tariff.
3. Without prejudice to the applicable competition and consumer protection laws prevailing in each Contracting Party, neither Contracting Party shall take unilateral action to prevent the commencement or continuation of a tariff proposed to be charged or charged by a designated airline of the other Contracting Party in connection with the international air services provided for under this Agreement. Intervention, as described in paragraph 4 of this Article, by the Contracting Parties shall be limited to:
a) prevention of unreasonably discriminatory tariffs or practices;
b) protection of consumers from tariffs that are unreasonably high or restrictive due to the abuse of a dominant position or due to concerted practice among airlines;
c) protection of airlines from tariffs that are artificially low due to direct or indirect subsidy or support;
d) protection of airlines from tariffs that are artificially low, where evidence exists as to an intent to eliminate competition.
4. Without prejudice to the provisions of paragraph 3 of this Article, the aeronautical authorities of either Contracting Party may expressly disapprove tariffs submitted by the designated airlines of the other Contracting Party, where such aeronautical authorities find that a tariff proposed to be charged by such airlines falls within the categories set forth in paragraph 3 of this Article. In such an event, the concerned aeronautical authority:
a) shall send notification of its dissatisfaction to the aeronautical authorities of the other Contracting Party, and to the airline involved, as soon as possible, and in no event later than thirty (30) days after the date of notification or filing of the tariff in question; and
b) may request consultations in accordance with the procedures established under paragraph 5 of this Article.
Unless both aeronautical authorities have agreed to disapprove the tariff in question in writing, the tariff shall be treated as having been approved.
5. The aeronautical authorities of each Contracting Party may request consultations with the aeronautical authorities of the other Contracting Party on any tariff charged by an airline of the other Contracting Party for international air services to or from the territory of the first Contracting Party, including tariffs for which a notice of dissatisfaction has been given. These consultations shall be held no later than fifteen (15) days after receipt of the request. The aeronautical authorities of both Contracting Parties shall cooperate in securing the necessary information for a reasoned resolution of the issue. If an agreement is reached with respect to a tariff for which a notice of dissatisfaction has been given, the aeronautical authorities of each Contracting Party shall use their best efforts to put that agreement into effect. If such mutual agreement is not reached, the tariff shall come into effect or continue to be in effect.
- Citeren als
- Art. 14
- Geldig vanaf
- Status
- Geldend recht
- Identificatie
- BWBV0006974
- Officiële bron
- wetten.overheid.nl