Page:United States Statutes at Large Volume 61 Part 3.djvu/302

 61 STAT.] INDIA-AIR TRANSPORT SERVICES-NOV. 14, 1946 Convention, namely Articles 11,13, 15,32 and 33, and such other articles 116 Stat, Pt. 2, pp. as may be mutually agreed to be applicable and necessary. 2. Regulation of Rates for Fifth Freedom Traffic. It is recognized that the determination of rates to be applied by an an air line of one Contracting Party between the territory of the other Contracting Party and a third country is a complex question, the overall solution of which cannot be sought through consultation be- tween only two countries. It is noted, furthermore, that the method of determining such rates is now being studied by the Provisional International Civil Aviation Organization. It is understood under these circumstances: (1) That, pending the acceptance by both Parties of any recom- mendations which the Provisional International Civil Aviation Or- ganization may make after its study of this matter, such rates shall be fixed on the basis of the principles set out in Paragraph (a) of Article VI of the Agreement and after taking into consideration the Ante, p. 2576. interests of the air lines of the other Party and shall not vary unduly in a discriminatory manner from the rates established by the air lines of the other Party operating air services on that part of the specified air routes concerned. Provided, however, that a designated air line under the Agreement shall not be required to charge rates higher than those established by any other air line operating on the specified air routes. (2) That in case the Provisional International Civil Aviation Or- ganization fails to establish a means of determining such rates satis- factory to both Contracting Parties within a reasonable time, the consultation provided for in Article X of this Agreement shall be Ante, p .2579. inaugurated. I have the honor to be, Sir, Your obedient servant, GEOioE R. MRIEELL Charged'Affaires a.i. 2585

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