Paris Agreement 1967 (Page-1)

Paris Agreement 1967

International Agreement on the Procedure for the Establishment of Tariffs for Scheduled Air Ser\>ices, Paris, 10th July 1967

Note.—The agreement is drawn up in English, French and Spanish, each text being of equal authenticity.

the governments signatory hereto,

considering that the establishment of tariffs for scheduled international air services is governed in different ways by numerous bilateral air transport agreements, or is not provided for all bett States,

DESIRING that the principles and procedures for establishing such tariffs should be uniform and that wherever possible use should be made of the procedures of the International Air Transport Association.

. HAVE AGREED AS FOLLOWS:

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Article 1

the present agreement:

(a)      shall establish the tariff provisions applicable to scheduled international air
services between two States Parties to die present Agreement:

(i)     when such States have no bilateral agreement between diem to cover

such services, (ii)    when such a bilateral agreement exists but contains no tariff clause;

(b)      shall replace die tariff clauses in any bilateral agreement already concluded
between two States Parties to the present Agreement for so long as die latter
remains in force between die two States.

.    . .   „ Article 2

(1)                   In the following paragraphs the term 'tariff' means the prices to be paid for die
carriage of passengers, baggage and freight and the conditions under which those prices
apply, including prices and conditions for agency and other auxiliary services, but
excluding remuneration or conditions for the carriage of mail.

(2)        The tariffs to be charged by the airlines of one Party for carriage to or from the
territory of the odier Party shall be established at reasonable levels, due regard being paid
to all relevant factors, including cost of operation, reasonable profit, and die tariffs of
odier airlines.

(3)                   The tariffs referred to in paragraph 2 of this Article shall, if possible, be agreed by
die airlines concerned of bodi Parties, after consultation with die odier airlines operating
over the whole or part of die route, and such agreement shall, wherever possible, be
reached by die use of the procedures of die International Air Transport Association for die
working out of tariffs.

(4)        The tariffs so agreed shall be submitted for die approval of die aeronautical
authorities of both  Parties  at least ninety  days  before  the proposed date of their
introduction. In special cases, tiiis period may be reduced, subject to die agreement of die
said audiorities.

(5)                   This approval may be given expressly. If neither of die aeronautical audiorities has
expressed disapproval widiin diirty days from the date of submission, in accordance with
paragraph 4 of diis Article, these tariffs shall be considered as approved. In the event of
die period for submission being reduced, as provided for in paragraph 4. die aeronautical
authorities may agree that the period within which any disapproval must be notified shall
be less dian diirty days.

(6)        If a tariff cannot be agreed in accordance with paragraph 3 of this Article, or if,
during  the period  applicable in  accordance  widi  paragraph  5  of this Article,  one
aeronautical audiority gives the other aeronautical audiority notice of its disapproval of
any tariff agreed in accordance with die provisions of paragraph 3, the aeronautical

authorities of the two Parties shall, after consultation with aeronautical authorities of any other State whose advice they consider useful, endeavor to determine the tariff by mutual agreement. /

(7)                   If die aeronautical authorities cannot agree on any tariff submitted to them under
paragraph 4 of this Article, or on the determination of any tariff under paragraph 6 of this
Article, the dispute shall be settled in accordance with the provisions in the relevant
bilateral air transport agreement for the settlement of disputes.

(8)        A tariff established in accordance with the provisions of this Article shall remain in
force until a new tariff has been established. Nevertheless, a tariff shall not be prolonged
by virtue of this paragraph for more than twelve months after the date on which it
otherwise would have expired.

Article 3

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(1)                   If there is no bilateral agreement which does not include provisions for the
settlement of disputes, and a dispute arises of the kind referred to in paragraph 7 of
Article 2, the two Parties may agree to refer the dispute for settlement to some person or
body, or, at the request of either of them, they may agree to refer the matter to a tribunal of
three arbitrators.

(2)                   To constitute such a tribunal, each of die Parties shall nominate an arbitrator within
a period of sixty days from die date of die agreement of the other Party to die request for
arbitration, and the third arbitrator shall be appointed by the two so nominated within a
further period of sixty days from die nomination of the second arbitrator.

(3)                   If within die respective periods, either of the Parties fails to nominate an arbitrator,
or the third arbitrator is not appointed, die President of die Council of die International
Civil Aviation Organization may be requested by either Party to complete die tribunal. In
such case, the third arbitrator shall be a national of a third State and act as president of the
tribunal.

(4)        Unless die Parties have otherwise agreed, die tribunal shall determine its own
procedure. All its decisions shall be reached by a majority of votes and shall be final.

Article 4

Without prejudice to paragraph 7 of Article"2 and to Article 3, any dispute between two or more Parties concerning die interpretation or application of the present Agreement which cannot be settled through negotiation, shall, at the request of one of them, be submitted to arbitration. If, within six months from die date of die request for arbitration, die Parties are unable to agree on the organization of the arbitration, any one of those Parties may refer die dispute to die International Court of Justice by request in conformity with die Statute of die Court.

Article 5

The present Agreement shall be open for signature on behalf of any State Member of the European Civil Aviation Conference.

Article 6

(1)                   The present Agreement shall be subject to ratification or approval by the signatory
States.

(2)                   The instruments of ratification and notifications of approval shall be deposited with
the International Civil Aviation Organization.