3. In operating the agreed services, the designated airlines of each Party shall take into account

the interests of the designated airlines of the other Party.

4. On any specified route, the capacity provided by the designated airlines of one Party together

with the capacity provided by the designated airlines of the other Party shall be maintained in

reasonable relationship to the requirements of the public for air transport on that route.

5. The agreed services provided by the designated airlines of both Parties shall have as their

primary objective the provision, at a reasonable load factor, of capacity adequate to carry the

current and foreseeable traffic requirements to and from the territory of the other Party. The

carriage of traffic embarked or disembarked in the territory of the other Party to and from points

on the specified routes in the territories of countries other than that designating the airlines shall

be of supplementary character. The right of such airlines to carry traffic between points on the

specified routes located in the territory of the other Party and points in third countries shall be

exercised in the interest of an orderly development of international air transport in accordance

with the general principles that the capacity is related to:

(a) the traffic requirements between the country of origin and the countries of ultimate

destination of the traffic;

(b) the requirements of through airline operations;

(c) the traffic requirements of the area through which the airline passes, after taking account of

local and regional services.

6. If the aeronautical authorities of the Parties fail to agree on the capacity to be provided under

paragraph 2 of this Article, the capacity that may be provided by the designated airlines of the

Parties shall not exceed the total capacity, including seasonal variations, previously agreed to be

provided.

7. Neither Party shall allow its designated airline or airlines, either in conjunction with any other

airline or airlines or separately, to abuse market power in a way which has or is likely or intended

to have the effect of severely weakening a competitor or excluding a competitor from a route.

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