Art. 12 Verdrag inzake luchtvervoer tussen het Koninkrijk der Nederlanden, ten behoeve van Curaçao, en de Republiek Trinidad en Tobago

1. Each Contracting Party shall allow a fair and equal opportunity for the airlines of both Contracting Parties to compete in providing the international air transportation governed by this Agreement based on commercial considerations in the market place. 2. Each Contracting Party shall take appropriate action within its jurisdiction to eliminate all forms of discrimination or unfair competitive practices adversely affecting the competitive position of a designated airline of the other Contracting Party. 3. Each Contracting Party shall allow each designated airline to determine the frequency and capacity of the international air services it offers. Consistent with this right, neither Contracting Party shall unilaterally limit the volume of traffic, frequency or regularity of service, or the aircraft type or types operated by the designated airlines of the other Contracting Party, except as may be required for customs, technical, operational, or environmental reasons under uniform conditions consistent with Article 15 of the Convention. 4. Neither Contracting Party shall impose on the designated airlines of the other Contracting Party a first-refusal requirement, uplift ratio, no-objection fee, or any other requirement with respect to capacity, frequency or traffic that would be inconsistent with the purposes of this Agreement. 5. Save and except for non-scheduled flights, neither Contracting Party shall require the filing of schedules, programmes or operational plans by airlines of the other Contacting Party for approval, except as may be required on a non-discriminatory basis to enforce the uniform conditions foreseen by paragraph 2 of this Article or as may be specifically authorized in this Agreement. If a Contracting Party requires filings for information purposes, it shall minimize the administrative burdens of filing requirements and procedures on air transportation intermediaries and on airlines of the other Contracting Party.

Fair Competition

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