28 DE JULHO DE 1981

3223

portation on the specified routes and shall have as their primary objective the provision, at a reasonable load factor, of capacity adequate to meet the current and reasonably antecipated requirements of the traffic in passengers, cargo and mail, between the territories of the Contracting Parties. The total capacity to be provided shall be divided as far as possible equally between the designated airlines.

4 — A capacity additional to that considered in paragraph 3 of this article may be temporarily offered, whenever the traffic demand between the territories of both Contracting Paties will justify it.

5 — The Aeronautical Authorities of the Contracting Parties shall consult each other on the implementation of the provisions of this article whenever there is a disagreement between the designated airlines or whenever the said Authorities deem it useful.

ARTICLE 8 (Programmes)

1 — The capacity to be offered and the frequency of services on the specified routes shall be discussed, agreed and reviewed from time to time, between the designated airlines and shall be submitted to the approval of the Aeronautical Authorities of both Contracting Parties.

2 — The schedules of the designated airline of each Contrating Party including in particular the frequency of services, the time-tables, and types of aircraft to be operated shall be submitted to the approval of the Aeronautical Authorities of the other Contracting Party at least thirty days before the start of operation; all eventual subsequent modifications shall also be submitted to the approval of said Aeronautical Authorities with a reasonable antecipation.

ARTICLE 9 (Statistics)

The designated airlines of both Contracting Parties shall submit to the Aeronautical Authorities of each Contracting Party at their request statistical information relating to the use of the capacity offered by said airlines on the agreed services between their respective territories.

ARTICLE 10

(Agreements between airlines)

The designated airlines of each Contracting Party may conclude agreements between themselves for technical and commercial cooperation which shall be submitted to the approval of the respective Aeronautical Authorities of the Contracting Parties.

ARTICLE 11 (Tariff)

1 — In the following paragraphs, the term «tariffd means the prices to be paid for the carriage of passengers, baggage and freight and, in general, conditions under which those prices apply, including prices and conditions for agency and other auxiliary services, but excluding remuneration and conditions for the carriage of mail.

2 — The tariffs to be charged by the airline 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, in particular the cost of operation, reasonable profit, and the tariffs of other airlines.

3 — The tariffs referred to in paragraph 2 of this article as well as the levels of commission payable shall, if possible, be agreed by the airlines concerned of both Contracting Parties, after consultation if necessary with the other airlines operating over the whole or part of the route, and such agreement shall, wherever possible, be reached by the use of the procedures for the working out of tariffs established by bodies of international nature recognised by both Contracting Parties.

4 — The tariffs so agreed shall be submitted for the approval of the Aeronautical Authorities of both Parties at least sixty days before the proposed date of their introduction; m special cases, this period may be reduced, subject to the agreement of the said Authorities.

5 — This approval may be given expressly. If neither of the Aeronautical Authorities has expressed their disapproval within thirty days from the date of submission in accordance with paragraph 4 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 4, the Aeronautical Authorities may agree that the period within which any disapproval must be notified shall be less than thirty days.

6 — If the designated airlines cannot agree on one or more tariffs or if for any other reason a tariff cannot be established in accordance with the provisions of paragraph 3 of this article of if during the first thirty days of the period of sixty days referred to in paragraph 4 of this article the Aeronautical Authorities of a Contracting Party notify the Aeronautical Authorities of the other Contracting Party of their disapproval of any tariff submitted in accordance with paragraph 3 of this article, the Aeronautical Authorities of both Contracting Parties shall endeavour to determine the tariff by mutual agreement.

7 — If the Aeronautical Authorities cannot agree on any tariff submitted to them under paragraph 4 of this article, or on the determination of any tariff under paragraph 6 of this article, the dispute shall be settled in accordance with the provisions of articles 17 and 20 of the present Agreement.

8 — Except as provided under paragraph 7 of the present article, no tariff shall become effective unless approved by the Aeronautical Authorities of both Contracting Parties.

9 — 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 months after the date on which it otherwise would have expired.

ARTICLE 12 (Direct transit)

1 — Passengers, baggage and cargo in direct transit across the territory of a Contracting Party shall be subject to no more than a simplified control, provided