Debates Parlamentares - Diário 030, p. 141 (2016-11-18)

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18 DE NOVEMBRO DE 2016 141

ARTICLE 14 – TRANSFER OF FUNDS

1. Each Party grants to the Designated Airlines of the other Party the right to transfer freely the excess of receipts

over expenditure earned by such airlines in its Territory in connection with the sale of air transportation, sale of other

ancillary products and services as well as commercial interest earned on such revenues (including interest earned

on deposits awaiting transfer). Such transfers shall be effected in any convertible currency, at the rate of exchange

in effect at the time such revenues are presented for conversion and remittance, in accordance with the foreign

exchange regulations of the Party in the Territory of which the revenue accrued. Such transfer shall be effected on

the basis of official exchange rates or where there is no official exchange rate, such transfers shall be effected on the

basis of the prevailing foreign exchange market rates for current payments.

2. If a Party imposes restrictions on the transfer of excess of receipts over expenditure by the Designated Airlines

of the other Party, the latter shall have a right to impose reciprocal restrictions on the Designated Airlines of the first

Party.

3. In the event that there exists, a special agreement between the Parties for the avoidance of double taxation,

or in the case where there is a special agreement ruling the transfer of funds between the two Parties, such

agreement shall prevail.

ARTICLE 15 – NOTIFICATION OF TIMETABLES

Prior to the inauguration of its services, the timetable of the agreed services, specifying the frequency, the type

of aircraft, and period of validity, shall be notified by the designated airline of one Party to the aeronautical authorities

of the other Party. This requirement shall likewise apply to any modification thereof.

ARTICLE 16 – TARIFFS

1. Each Party shall allow Tariffs to be established by each Designated Airline based upon its commercial

considerations in the market place. Neither Party shall require the Designated Airlines to consult other airlines

about the Tariffs they charge or propose to charge.

2. Each Party may require prior filing with its Aeronautical Authorities, of prices to be charged to or from its

Territory by Designated Airlines of both Parties. Such filing by or on behalf of the Designated Airlines may be

required by no more than 30 days before the proposed date of effectiveness. In individual cases, filing may be

permitted on shorter notice than normally required. If a Party 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 that Party.

3. Except as otherwise provided in this Article, neither Party shall take unilateral action to prevent the

inauguration or continuation of a price proposed to be charged or charged by a Designated Airline of either Party

for international air transportation.

4. Intervention by the Parties shall be limited to:

a) Prevention of Tariffs whose application constitutes anti-competitive behavior which has or is likely to or

intended to have the 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 abuse of a

dominant position; and

5. If a Party believes that a price proposed to be charged by a Designated Airline of the other Party for

international air transportation is inconsistent with considerations set forth in paragraph (4) of this Article, it shall

request consultations and notify the other Party 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 Parties shall cooperate in

securing information necessary for reasoned resolution of the issue. If the Parties reach agreement with respect

to a price for which a notice of dissatisfaction has been given, each Party shall use its best efforts to put that

agreement into effect. Without such mutual agreement to the contrary, the previously existing price shall continue

in effect.

6. The Tariffs to be charged by the air carrier(s) designated by the UAE for carriage wholly within the

European Union shall be subject to European Union law.

18 DE NOVEMBRO DE 2016 141 ARTICLE 14 – TRANSFER OF FUNDS 1. Each Party grants to the Designated Airlines of the other Party the right to transfer freely the excess of receipts over expenditure earned by such airlines in its Territory in connection with the sale of air transportation, sale of other ancillary products and services as well as commercial interest earned on such revenues (including interest earned on deposits awaiting transfer). Such transfers shall be effected in any convertible currency, at the rate of exchange in effect at the time such revenues are presented for conversion and remittance, in accordance with the foreign exchange regulations of the Party in the Territory of which the revenue accrued. Such transfer shall be effected on the basis of official exchange rates or where there is no official exchange rate, such transfers shall be effected on the basis of the prevailing foreign exchange market rates for current payments. 2. If a Party imposes restrictions on the transfer of excess of receipts over expenditure by the Designated Airlines of the other Party, the latter shall have a right to impose reciprocal restrictions on the Designated Airlines of the first Party. 3. In the event that there exists, a special agreement between the Parties for the avoidance of double taxation, or in the case where there is a special agreement ruling the transfer of funds between the two Parties, such agreement shall prevail.ARTICLE 15 – NOTIFICATION OF TIMETABLES Prior to the inauguration of its services, the timetable of the agreed services, specifying the frequency, the type of aircraft, and period of validity, shall be notified by the designated airline of one Party to the aeronautical authorities of the other Party. This requirement shall likewise apply to any modification thereof. ARTICLE 16 – TARIFFS 1. Each Party shall allow Tariffs to be established by each Designated Airline based upon its commercial considerations in the market place. Neither Party shall require the Designated Airlines to consult other airlines about the Tariffs they charge or propose to charge. 2. Each Party may require prior filing with its Aeronautical Authorities, of prices to be charged to or from its Territory by Designated Airlines of both Parties. Such filing by or on behalf of the Designated Airlines may be required by no more than 30 days before the proposed date of effectiveness. In individual cases, filing may be permitted on shorter notice than normally required. If a Party 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 that Party. 3. Except as otherwise provided in this Article, neither Party shall take unilateral action to prevent the inauguration or continuation of a price proposed to be charged or charged by a Designated Airline of either Party for international air transportation. 4. Intervention by the Parties shall be limited to: a) Prevention of Tariffs whose application constitutes anti-competitive behavior which has or is likely to or intended to have the 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 abuse of a dominant position; and (c) Protection of Designated Airlines from prices that are artificially low. 5. If a Party believes that a price proposed to be charged by a Designated Airline of the other Party for international air transportation is inconsistent with considerations set forth in paragraph (4) of this Article, it shall request consultations and notify the other Party 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 Parties shall cooperate in securing information necessary for reasoned resolution of the issue. If the Parties reach agreement with respect to a price for which a notice of dissatisfaction has been given, each Party shall use its best efforts to put that agreement into effect. Without such mutual agreement to the contrary, the previously existing price shall continue in effect. 6. The Tariffs to be charged by the air carrier(s) designated by the UAE for carriage wholly within the European Union shall be subject to European Union law.

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