Page:United States Statutes at Large Volume 61 Part 3.djvu/292

 61 STAT.] INDIA-AIR TRANSPORT SERVICES-NOV. 14, 1946 (3) Subject to the consent of the other State concerned, traffic embarked in the territory of a third country and destined for the United States, and traffic embarked in the United States and destined for a third country. ARTICLE IV. In order to maintain equilibrium between the capacity of the speci- fied air services and the requirements of the public for air transport on the specified air routes and in order to maintain proper relationship between the specified air services and other air services operating on the specified air routes or sections thereof, the Contracting Parties agree as follows: (A) The air lines of each Contracting Party shall enjoy equal opportunity for the operation of air services between the territories of the two Parties. (B) To the extent that the air lines of one of the Contracting Par- ties are temporarily unable to take advantage of such opportunities as a result of the war, the situation will be mutually examined by the two Parties for the purpose of aiding as soon as possible the air lines concerned increasingly to make their proper contribution to the services contemplated. (C) In the operation by the air lines of either Contracting Party of the specified air services the interests of the air lines of the other Party shall be taken into consideration so as not to affect unduly the services which the latter provide on all or part of the same route. (D) The air transport offered by the air lines of both countries should bear a close relationship to the requirements of the public for such air transport. (E) The services provided by a designated air line under this Agreement shall retain as their primary objective the provision of capacity adequate to the traffic demands between the country of which such air line is a national and the country of ultimate destinlation of the traffic, and the right of the air lines of either Party to embark and to disembark at points in the territory of the other Party international traffic destined for or coming from third countries shall be applied in accordance with the general principles of orderly development to which both Parties subscribe and shall be subject to the general prin- ciple that capacity shall be related: (1) to traffic requirements between the country of origin of the air service and destinations on the specified air routes, (2) to the requirements of through air line operation for fill-up traffic, and (3) to the traffic requirements of the area through which the air line passes after taking account of other air transport services established by air lines of the States concerned between their respective territories. 2575 Equal opportunity for operation of serv. ices. Provision of ade- quate capacity.

�