User Charges that may be imposed and or controlled by the competent charging authorities
or bodies of each Contracting Party on the Airlines of the other Contracting Party
shall be just, reasonable, not unjustly discriminatory, and equitably appointed among
categories of users. In any event, any such User Charges shall be assessed on the
Airlines of the other Contracting Party on terms not less favourable than the most
favorable terms available to any other Airline at the time the charges are assessed.
User Charges imposed on the Airlines of the other Contracting Party may reflect, but
shall not exceed, the full cost to the competent charging authorities or bodies of
providing the appropriate airport, airport environmental, air navigation, and aviation
security facilities and services at the airport or within the airport system. Such
full cost may include a reasonable return on assets, after depreciation. Facilities
and services for which charges are made shall be provided on an efficient and economic
basis.
Each Contracting Party shall encourage consultations between the competent charging
authorities or bodies in its Territory and the Airlines using the services and facilities,
and shall encourage the competent charging authorities or bodies and the Airlines
to exchange such information as may be necessary to permit an accurate review of the
reasonableness of the charges in accordance with the principles of paragraphs 1 and
2 of this Article.
Each Contracting Party shall encourage the competent charging authorities to provide
users with reasonable notice of any proposal for charges to enable users to express
their views before changes are made.
Neither Contracting Party shall be held to be in breach of a provision of this Article,
unless: (i) it fails to undertake a review of the charge or practice that is the subject
of complaint by the other Contracting Party within a reasonable amount of time; or
(ii) following such a review it fails to take all steps within its power to remedy
any charge or practice that is inconsistent with this Article.