Art. 5 Verdrag inzake luchtdiensten tussen het Koninkrijk der Nederlanden en de Democratische Socialistische Republiek Sri Lanka

1. Each Contracting Party shall allow Tariffs for Air Services to be established by each Designated Airline based upon commercial considerations in the market place. Neither Contracting Party shall require their Airlines to consult other Airlines about the Tariffs they charge or propose to charge for services covered by these arrangements. 2. Each Contracting Party may, for information purposes only, require notification or filing of any Tariff to be charged by its own Designated Airline or Airlines. Neither Contracting Party shall require notification or filing of any Tariff to be charged by the Designated Airline or Airlines of the other Contracting Party. Tariffs may remain in effect unless subsequently disapproved under paragraphs 5 or 6 of this Article. 3. Intervention by the Contracting Parties shall be limited to: the protection of consumers from Tariffs that are excessive due to the abuse of market power; the prevention of Tariffs whose application constitutes anti-competitive behaviour which has or is likely to have or is explicitly intended to have the effect of preventing, restricting or distorting competition or excluding a competitor from the route. 4. Each Contracting Party may unilaterally disallow any Tariff filed or charged by one of its own Designated Airlines. However, such intervention shall be made only if it appears to the Aeronautical Authority of that Contracting Party that a Tariff charged or proposed to be charged meets either of the criteria set out in paragraph 4 of this Article. 5. Neither Contracting Party shall take unilateral action to prevent the coming into effect or continuation of a Tariff charged or proposed to be charged by an Airline of the other Contracting Party. If one Contracting Party believes that any such Tariff is inconsistent with the considerations set out in paragraph 4 of this Article, it may request consultations and notify the other Contracting Party of the reasons for its dissatisfaction. These consultations shall be held not later than fourteen (14) days after receipt of the request. Without a mutual agreement the Tariff shall take effect or continue in effect. 6. Notwithstanding the provisions of this Article, the Tariffs to be charged by the Designated Airline(s) of the Democratic Socialist Republic of Sri Lanka for carriage wholly within the European Union shall be subject to European Union law.

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