Common use of User Charges Clause in Contracts

User Charges. 1. User charges that may be imposed by the competent charging authorities or bodies of each Party on the airlines of the other Party shall be just, reasonable, not unjustly discriminatory, and 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 not 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, the full cost [*18] to the competent charging authorities or bodies of providing the appropriate airport, airport environmental, air navigation, and aviation security facilities and services at the airport or within the airport system. Such charges may include a reasonable return on assets, after depreciation. Facilities and services for which charges are made shall be provided on an efficient and economic basis. 3. Each Party shall encourage consultations between the competent charging authorities or bodies in its territory and the airlines using the services and facilities, and shall encourage the competent charging authorities or bodies and the airlines to exchange such information as may be necessary to permit an accurate review of the reasonableness of the charges in accordance with the principles of paragraphs 1 and 2 of this Article. Each Party shall encourage the competent charging authorities to provide users with reasonable notice of any proposal for changes in user charges to enable users to express their views before 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 (a) it fails [*19] 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 (b) 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.

Appears in 1 contract

Sources: Air Transport Agreement

User Charges. 1. User charges that may be imposed by the competent charging authorities or bodies of each Contracting Party on the airlines of the other Contracting Party shall be just, reasonable, not unjustly discriminatory, and equitably apportioned among categories of users. In any event, any such user charges shall be assessed on the airlines of the other Contracting Party on terms not 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 Contracting Party may reflect, but shall not exceed, the full cost [*18] to the competent charging authorities or bodies of providing the appropriate airport, airport environmental, air navigation, and aviation security facilities and services at the airport or within the airport system. Such charges may include a reasonable return on assets, after depreciation. Facilities and services for which charges are made shall be provided on an efficient and economic basis. 3. Each Contracting Party shall encourage consultations between the competent charging authorities or bodies in its territory and the airlines using the services and facilities, and shall encourage the competent charging authorities or bodies and the airlines to exchange such information as may be necessary to permit an accurate review of the reasonableness of the charges in accordance with the principles of paragraphs 1 (1) and 2 (2) of this Article. Each Contracting Party shall encourage the competent charging authorities to provide users with reasonable notice of any proposal for changes in user charges to enable users to express their views before changes are made. 4. Neither Contracting Party shall be held, in dispute resolution procedures pursuant to Article 14, to be in breach of a provision of this Article, unless (a) it fails [*19] to undertake a review of the charge or practice that is the subject of complaint by the other Contracting Party within a reasonable amount of time; or (b) 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.

Appears in 1 contract

Sources: Air Transport Agreement

User Charges. 1. User charges that may be imposed by the competent charging authorities or bodies of represented by each Party on the airlines of represented by the other Party shall be just, reasonable, not unjustly discriminatory, and equitably apportioned among categories of users. In any event, any such user charges shall be assessed on the airlines of represented by the other Party on terms not 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 represented by the other Party may reflect, but shall not exceed, the full cost [*18] to the competent charging authorities or bodies of providing the appropriate airport, airport environmental, air navigation, and aviation security facilities and services at the airport or within the airport system. Such charges full cost may include a reasonable return on assets, after depreciation. Facilities and services for which charges are made shall be provided on an efficient and economic basis. 3. Each Party shall encourage consultations between the competent charging authorities or bodies in its the territory it represents and the airlines using the services and facilities, and shall encourage the competent charging authorities or bodies and the airlines to exchange such information as may be necessary to permit an accurate review of the reasonableness of the charges in accordance with the principles of paragraphs 1 (1) and 2 (2) of this Article. Each Party shall encourage the competent charging authorities to provide users with reasonable notice of any proposal for changes in user charges to enable users to express their views before 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 the authorities represented (ai) it fails [*19] fail 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 (bii) following such a review it fails fail to take all steps within its their power to remedy any charge or practice that is inconsistent with this Article.

Appears in 1 contract

Sources: Air Transport Agreement

User Charges. 1. User charges that may be imposed by the competent charging authorities or bodies of each Party on the airlines of the other Party shall be just, reasonable, not unjustly discriminatory, and 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 not 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, the full cost [*18] to the competent charging authorities or bodies of providing pro­ viding the appropriate airport, airport environmental, air navigation, and aviation security facilities and services at the airport or within the airport system. Such charges full cost may include a reasonable return on assets, after depreciation. Facilities and services for which charges are made shall be provided on an efficient and economic basis. 3. Each Party shall encourage consultations between the competent charging authorities or bodies in its territory and the airlines using the services and facilitiesfacili­ ties, and shall encourage the competent charging authorities or bodies and the airlines to exchange such information as may be necessary to permit an accurate review of the reasonableness of the charges in accordance with the principles of paragraphs 1 and 2 of this Article. Each Party shall encourage the competent charging authorities to provide users with reasonable notice of any proposal for changes in user charges to enable users to express their views before 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 (ai) it such Party fails [*19] to undertake a review of the charge or practice that is the subject of complaint com­ plaint by the other Party within a reasonable amount of time; or (bii) 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.

Appears in 1 contract

Sources: Transport Services Agreement

User Charges. 1. User charges that may be imposed by the competent charging authorities or bodies of each Party on the airlines of the other Party shall be just, reasonable, not unjustly discriminatory, and 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 not less favorable favourable than the most favorable favourable 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, the full cost [*18] to the competent charging authorities or bodies of providing the appropriate airport, airport environmentalenvi­ ronmental, air navigation, and aviation security facilities and services at the airport or within the airport system. Such charges may include a reasonable return on assets, after depreciation. Facilities and services for which charges are made shall be provided on an efficient and economic basis. 3. Each Party shall encourage consultations between the competent charging authorities or bodies in its territory and the airlines using the services and facilities, and shall encourage the competent charging authorities auth­ orities or bodies and the airlines to exchange such information as may be necessary to permit an accurate review of the reasonableness of the charges in accordance with the principles of paragraphs 1 and 2 of this Article. Each Party shall encourage the competent charging authorities auth­ orities to provide users with reasonable notice of any proposal for changes in user charges to enable users to express their views before changes are made. 4. Neither Party shall be held, in dispute resolution procedures pursuant to Article 1419, to be in breach of a provision of this Article, unless (a) it fails [*19] 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 (b) 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.

Appears in 1 contract

Sources: Air Transport Agreement

User Charges. 1. User charges that may be imposed by the competent charging authorities or bodies of each Contracting Party on the airlines of the other Contracting Party shall be just, reasonable, not unjustly discriminatory, and equitably apportioned among categories of users. In any event, any such user charges shall be assessed on the airlines of the other Contracting Party on terms not 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 Contracting Party may reflect, but shall not exceed, the full cost [*18] to the competent charging authorities or bodies of providing the appropriate airport, airport environmental, air navigation, and aviation security facilities and services at the airport or within the airport system. Such charges may include a reasonable return on assets, after depreciation. Facilities and services for which charges are made shall be provided on an efficient and economic basis. 3. Each Contracting Party shall encourage consultations between the competent charging authorities or bodies in its territory and the airlines using the services and facilities, and shall encourage the competent charging authorities or bodies and the airlines to exchange such information as may be necessary to permit an accurate review of the reasonableness of the charges in accordance with the principles of paragraphs 1 (1) and 2 (2) of this Article. Each Contracting Party shall encourage the competent charging authorities to provide users with reasonable notice of any proposal for changes in user charges to enable users to express their views before changes are made. 4. Neither Contracting Party shall be held, in dispute resolution procedures pursuant to Article 14, to be in breach of a provision of this Article, unless (ai) it fails [*19] to undertake a review of the charge or practice that is the subject of complaint by the other Contracting Party within a reasonable amount of time; or (bii) 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.

Appears in 1 contract

Sources: Air Transport Agreement

User Charges. 1. User charges that may be imposed by the competent charging authorities or bodies of each Party on the airlines of the other Party shall be just, reasonable, not unjustly discriminatory, and 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 not less favorable than the most favorable terms available to any other airline in the same charging category at an airport at the time the charges are assessed. 2. User charges imposed on the airlines of the other Party may reflect, but shall not exceed, the full cost [*18] to the competent charging authorities or bodies of providing the appropriate airport, airport environmental, air navigation, and aviation security facilities and services at the airport or within the airport system. Such user charges may include a reasonable return on assets, after depreciation. Facilities and services for which charges are made shall be provided on an efficient and economic basis. 3. Each Party shall encourage consultations between the competent charging authorities or bodies in its territory and the airlines using the services and facilities, and shall encourage the competent charging authorities or bodies and the airlines to exchange such information as may be necessary to permit an accurate review of the reasonableness of the charges in accordance with the principles of paragraphs 1 and 2 of this Article. Each Party shall encourage the competent charging authorities to provide users with reasonable notice of any proposal for changes in user charges to enable users to express their views before changes are made. 4. Neither Party The provisions of Article 14 shall not be held, in dispute resolution procedures pursuant invoked with respect to Article 14, to be in breach of a provision of disputes under this Article, unless unless: (a) it one Party fails [*19] to undertake a review of the charge or practice that is the subject of complaint by the other Party within a reasonable amount of timeninety (90) days, or as otherwise agreed between the Parties; or or (b) following such a review it review, the first Party fails to take all steps within its power to remedy any charge or practice that is inconsistent with this Article.

Appears in 1 contract

Sources: Air Transport Agreement

User Charges. 1. User charges that may be imposed or permitted to be imposed by the competent charging authorities or bodies of each Contracting Party on the airlines of the other Contracting Party shall be just, reasonable, not unjustly discriminatory, and equitably apportioned among categories of users. In any event, any such user charges shall be assessed imposed on the airlines of the other Contracting Party on terms not no less favorable favourable than the most favorable favourable terms available to any other airline at the time the charges are assessedimposed. 2. User charges imposed on the airlines of the other Contacting Contracting Party may reflect, but shall not exceed, the full cost [*18] to the competent charging authorities or bodies of providing the appropriate and not excessive airport, airport environmental, air navigation, navigation and aviation security facilities and services at the airport or within the airport system. Such charges may include a reasonable return on assets, after depreciation. Facilities facilities and services for which charges are made shall be provided on an efficient and economic basis. 3. Each Contracting Party shall encourage make its best efforts to ensure that consultations take place between the competent charging authorities or bodies in its territory and the airlines using the services and facilities, and shall encourage that the competent charging authorities or bodies and the airlines to exchange such information as may be necessary to permit an accurate review of the reasonableness of the charges in accordance with the principles of paragraphs 1 ( (1) (2)) and 2 (2) of this Article. Each Contracting Party shall encourage make its best efforts to ensure that the competent charging authorities to provide users with reasonable notice of any proposal for changes in user charges to enable users to express their views before changes are made. 4. Neither Contracting Party shall be held, in dispute resolution resolutions procedures pursuant to Article 142 (1) (2) of this Agreement, to be in breach of a provision of this Article, unless (a) unless: it fails [*19] to undertake a review, or fails to commission an independent review of the charge or practice that is the subject of complaint by the other Contracting Party within a reasonable amount of time; or (b) following such a review review, it fails to take all steps within its power to remedy any charge or practice that is inconsistent with this Article.

Appears in 1 contract

Sources: Air Services Agreement