Common use of User Charges Clause in Contracts

User Charges. 1. Each Party shall ensure that any user charges imposed by its competent charging authorities or bodies on the air carriers of another Party for the use of air navigation and air traffic control are cost-related and non-discriminatory, and are on terms no less favourable than the most favourable terms available to any other air carrier in like circumstances at the time the charges are applied. 2. With the exception of charges levied with respect to the services described in paragraph 5 of Article 10, each Party shall ensure that any user charges imposed by its competent charging authorities or bodies on the air carriers of another Party for the use of airport, aviation security, and related facilities and services shall not be unjustly discriminatory, and shall be equitably apportioned among categories of users. These charges shall not exceed the full cost to the competent charging authorities or bodies of providing the appropriate airport and aviation security facilities and services at that airport or those airports at which a common charging system applies. These charges may, however, include a reasonable return on assets, after depreciation. Facilities and services for which user charges are imposed shall be provided on an efficient and economic basis. In any event, these charges shall be imposed on the air carriers of another Party on terms no less favourable than the most favourable terms available to any other air carrier in like circumstances at the time the charges are applied. 3. Each Party shall require its competent charging authorities or bodies to consult with the air carriers using the services and facilities and exchange with them such information as may be necessary to permit an accurate assessment of the reasonableness of the charges in accordance with the principles set out in paragraphs 1 and 2 of this Article. Each Party shall ensure that its competent charging authorities or bodies provide the air carriers with reasonable notice of any proposal for changes in user charges to enable them to express their views and provide comments before any changes are made.

User Charges. 1. Each Party shall ensure User charges that any user charges may be imposed by its the competent charging authorities or bodies of each Party on the air carriers airlines of another the other Party for the use of air navigation and air traffic control are cost-related and non-shall be just, reasonable, not unjustly discriminatory, and are equitably apportioned among categories of users. In any event, any such user charges shall be assessed on the airlines of the other Party on terms no not less favourable than the most favourable terms available to any other air carrier in like circumstances airline at the time the charges are appliedassessed. 2. With the exception of User charges levied with respect to the services described in paragraph 5 of Article 10may reflect, each Party shall ensure that any user charges imposed by its competent charging authorities or bodies on the air carriers of another Party for the use of airport, aviation security, and related facilities and services but shall not be unjustly discriminatoryexceed, and shall be equitably apportioned among categories of users. These charges shall not exceed the full cost to the competent charging authorities or bodies of providing the appropriate airport, airport environmental, air navigation, and aviation security facilities and services at that the airport or those airports at which a common charging system applieswithin the airport system. These charges may, however, Such full costs may include a reasonable return on assets, after depreciation. Facilities and services for which user charges are imposed shall be provided on an efficient and economic basis. In any event, these charges shall be imposed on the air carriers of another Party on terms no less favourable than the most favourable terms available to any other air carrier in like circumstances at the time the charges are applied. 3. Each Party shall require its encourage consultations between the competent charging authorities or bodies to consult with in its territory and the air carriers airlines using the services and facilities facilities, and shall encourage the competent authorities or bodies and the airlines to exchange with them such information as may be necessary to permit an accurate assessment review of the reasonableness of the charges in accordance with the principles set out in paragraphs 1 and 2 of this Article. Each Party shall ensure that its encourage the competent charging authorities or bodies to provide the air carriers users with reasonable notice of any proposal for changes in user charges to enable them users to express their views and provide comments before any changes are made. 4. Neither Party shall be held, in dispute settlement procedures pursuant to Article 16 of this Agreement, to be in breach of a provision of this Article, unless: a) it fails to undertake a review of the charge or practice that is the subject of complaint by the other Party within a reasonable term; or b) After such a review it fails to take all steps within its power to remedy any charge or practice that is inconsistent with this Article.

User Charges. 1. Each Party shall ensure that any user charges that may be imposed by its competent charging authorities or bodies on the air carriers of another the other Party for the use of air navigation and air traffic control are shall be cost-related and non-non- discriminatory. In any event, and are any such user charges shall be assessed on the air carriers of the other Party on terms no not less favourable than the most favourable terms available to any other air carrier in like circumstances at the time the charges are appliedcarrier. 2. With the exception of charges levied with respect to the services described in paragraph 5 of Article 10, each Each Party shall ensure that any user charges that may be imposed by its competent charging authorities or bodies on the air carriers of another the other Party for the use of airport, aviation security, security and related facilities and services, with the exception of charges levied with respect to the services shall described article 8(5), are not be unjustly discriminatory, discriminatory and shall be are equitably apportioned among categories of users. These Such user charges shall reflect, but shall not exceed exceed, the full cost to the competent charging authorities or bodies of providing the appropriate airport and aviation security facilities and services at that airport or those airports at which a common charging system applies. These Such user charges may, however, may include a reasonable return on assets, after depreciation. Facilities and services for which user charges are imposed shall be provided on an efficient and economic basis. In any event, these such charges shall be imposed on apply to the air carriers of another the other Party on terms no not less favourable than the most favourable terms available to any other air carrier in like circumstances at the time the charges are applied. 3. Each Party shall require its the competent charging authorities or bodies to consult with in its territory and the air carriers using the services and facilities to undertake consultations and to exchange with them such information as may be necessary to permit an accurate assessment of the reasonableness of the charges in accordance with the principles set out in paragraphs 1 and 2 of this Article2. Each Party shall ensure that its The competent charging authorities or bodies shall provide the air carriers users with reasonable notice of any proposal for changes in user charges to enable them users to express their views and provide comments before any changes are made.

User Charges. 1. Each Party shall ensure User charges that any user charges may be imposed by its the competent charging authorities or bodies of each Party on the air carriers airlines of another Party for the use of air navigation and air traffic control are cost-related and non-discriminatory, and are on terms no less favourable than the most favourable terms available to any other air carrier in like circumstances at the time the charges are applied. 2. With the exception of charges levied with respect to the services described in paragraph 5 of Article 10, each Party shall ensure that any user charges imposed by its competent charging authorities or bodies on the air carriers of another Party for the use of airportbe just, aviation securityreasonable, and related facilities and services shall not be unjustly discriminatory, and shall be equitably apportioned among categories of users. These In any event, any such user charges shall be assessed on the airlines of the other Party on terms not exceed less favorable than the most favorable terms available to any other airline at the time the charges are assessed. 2. User charges imposed on the airlines of the other Party may reflect, but shall not exceed, full cost to the competent charging authorities or bodies of providing the appropriate airport, airport environmental, air navigation, and aviation security facilities and services at that the airport or those airports at which a common charging system applieswithin the airport system. These charges may, however, Such full cost may include a reasonable return on assets, after depreciation. Facilities and services for which user charges are imposed made shall be provided on an efficient and economic basis. In any event, these charges shall be imposed on the air carriers of another Party on terms no less favourable than the most favourable terms available to any other air carrier in like circumstances at the time the charges are applied. 3. Each Party shall require its encourage consultations between the competent charging authorities or bodies to consult with in its territory and the air carriers airlines using the services and facilities facilities, and shall encourage the competent authorities or bodies and the airlines to exchange with them such information as may be necessary to permit an accurate assessment review of the reasonableness of the charges in accordance with the principles set out in of paragraphs 1 I and 2 of this Article. Each Party shall ensure that its encourage the competent charging authorities or bodies to provide the air carriers users with reasonable notice of any proposal for changes in user charges to enable them users to express their views and provide comments before any changes are made. 4. Neither Party shall be held, in dispute resolution procedures pursuant to Article 14, to be in breach of a provision of this Article, unless (i) it fails to undertake a review of the charge or practice that is the subject of complaint by the other Party within a reasonable amount of time; or (ii) following such a review it fails to take all steps within its power to remedy any charge or practice that is inconsistent with this Article.