3470 Points of agreement. Equal opportunity tor operation of routes. Ante, p. 3456 . INTERNATIONAL AGREEMENTS OTHER THAN TREATIES [61 STAr. PROTOCOLE DE SIGNATURE It appeared in the course of negotiations leading up to the conclusion of the Agreement on air services between French territory and the territory of the United States of America signed at Paris today that the representatives of the two Contracting Parties were in agreement on the following points: 1. The air carriers of the two Contracting Parties operating on the routes described in the Annex of said Agreement shall enjoy equal opportunity for the operation of the said routes. 2. To the extent that the carrier or carriers of one of the governments is temporarily unable to take advantage of such opportunities as a result of the war, the situation will be mutually examined by the two governments for the purpose of aiding as soon as possible the said air carrier or carriers to increasingly make their proper contribution to the services contemplated. Airports coenstruct- ed on French ter" - 3. The airports which were constructed on French territory and sand nanced by financed in whole or part by the Government of the United States and which will be open to international civil traffic will be open to the duly authorized air carriers of the United States who will enjoy thereon, on a non-discriminatory basis, rights of transit and non-traffic stop. They will likewise enjoy there the commercial rights which may be granted them by the present Agreement or any other agreement now in force or later concluded. Legislation. 4. In order to give effect to the provisions of Section V (f) of the Ante, p. 34 . Annex to the Agreement, the executive branch of the United States Government will use its best efforts to secure legislation empowering the aeronautical authorities of the United States to fix fair and eco- nomic rates for international services and to suspend proposed rates, in the same manner as the Civil Aeronautics Board is qualified to act with respect to air transportation within the United States. Determination of tariffs. 5. It is recognized that the determination of tariffs to be applied by an air carrier of one Contracting Party between the territory of the other Contracting Party and a third country is a complex ques- tion, the overall solution of which cannot be sought through consul- tation between only two countries. It is noted, furthermore, that the method of determining such tariffs is now being studied by the Pro- visional International Civil Aviation Organization. It is understood under these circumstances:
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