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
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.
16 DE ABRIL DE 2019_________________________________________________________________________________________________________________