001 Permanent Effectiveness Resolution

Expiry Date: Indefinate
Type: A

Resolution Designator(s):
CTC1(02)001 (amended)
CTC2(02)001 (amended)
CTC3(02)001 (amended)
CTC12(02)001 (amended)
CTC23(02)001 (amended)
CTC31(02)001 (amended)
CTC123(02)001 (amended)


RESOLVED that,

  1. the filing period and effectiveness and expiry dates of Resolutions adopted in accordance with the Provisions for the Conduct of the IATA Traffic Conferences shall be those specified on each such Resolution
  1. each TC Member shall notify the Secretary as to whether the filing or approval of Resolutions is required by the government authorities of its country and shall accomplish any necessary filing with the appropriate government authorities prior to the commencement of the filing period; provided that TC Members not party to a limited agreement, but whose country is in the limited agreement, may notify the Secretariat that they will not file such agreement with their authorities. The Secretariat will then advise all carriers that the national carrier is not filing the agreement and it will be the responsibility of the carriers party to that agreement to make the filing
  2. each TC Member shall see that the Secretary is promptly notified of any extension of the filing period, approval or disapproval by such TC Member's government authorities, and the Secretary shall forthwith inform all TC Members thereof
  1. immediately following the filing period or any government extension thereof, the Secretary shall inform all TC Members specifying the effective date
  2. each Resolution not disapproved by the appropriate government authorities shall remain in effect until the earliest of the following
    1. 180 days after a TC Member, at any regularly scheduled meeting of a Tariff Conference authorised to act upon the type of Resolution a proposal for rescission having been duly placed on the agenda, rescinds its approval; provided that a Resolution may be rescinded in whole but not in part
    2. until it shall be effectively modified or rescinded by the Tariff Conference
    3. until a government disapproves or a government approval has been withdrawn
    4. until 30 days after the Secretary receives notices from any TC Member given in accordance with Paragraph 9) herein, stating its intention that a Resolution shall cease to be effective
    5. until the expiry date
  3. where a government specifically disapproves a Resolution or a portion thereof, Paragraph 8) shall be applicable
  4. where a government does not specifically disapprove a Resolution but imposes a condition or change or requirement or authorisation affecting the provisions, conditions, effectiveness or applicability of any Resolution(s) as agreed by the Tariff Conferences, Paragraph 9) shall be applicable
  5. with respect to each Resolution shown as
    1. Type 'A', disapproval by a government authority of a Resolution or a portion thereof shall be considered disapproval of the entire Resolution
    2. Type 'A', disapproval by a government authority of a Resolution which amends a currently effective indefinite Resolution shall be considered disapproval of the amending Resolution
    3. Type 'A', disapproval by a government authority of a Resolution which amends and revalidates a currently effective Resolution shall be considered as disapproval only of the amendment(s) and the Resolution which it was intended to amend shall be considered as revalidated unless the government specifically withdraws its approval of the currently effective Resolution
    4. Type 'A', disapproval by a government authority of a portion of an amending Resolution and approval of the balance of the Resolution with a condition or change or requirement or authorisation affecting the provisions, conditions, effectiveness or applicability of such Resolution as agreed by the Tariff Conferences shall be resolved by the TC Member(s) under Paragraph 9) of this Resolution
    5. Type 'AA', disapproval by a government authority of a Resolution or a portion thereof shall be considered disapproval of the entire Resolution provided that any 001 pre-existent Resolution which is to be replaced by a Type 'AA' Resolution, shall be automatically revalidated until such Type 'AA' Resolution becomes effective, or 180 days after the next meeting of the Tariff Conference, whichever is earlier
    6. Type 'B', disapproval by any government authority of a portion shall be considered as rendering only that portion of the Resolution void
    7. Type 'B', but including one or more paragraphs marked Type 'A', disapproval of all or any portion of such Type 'A' paragraphs shall be considered as rendering the entire Resolution void
  6. where either

             a government (other than by a government requirement or authorisation as described in Subparagraphs 2)b), 3)a) or 3)b) of Resolution 200g or by a government requirement that TC Members file notices or submit copies of filings) either at the time of approval of any Resolution(s), or subsequently, imposes a condition or change or requirement or authorisation affecting the provisions, conditions, effectiveness or applicability of any Resolution(s), as agreed by the Tariff Conference(s)

             or

             a government disapproves any cargo rate(s), charge(s) or condition(s) attached to such cargo rate(s) or charge(s) shown as Type B

             the following shall apply

    1. the Secretary shall notify all TC Members of the action of such government
    2. any TC Member may, within 30 days from the date of such notification, submit a written notice to the Secretary stating its intention that such Resolution(s) shall not come into effect (or shall cease to be effective)
    3. if the Secretary receives such notice of intention within such 30 day period, such Resolution(s) shall not come into effect, or if already in effect, shall cease to be effective 30 days after receipt of such notice of intention by the Secretary; provided that any pre-existent Resolution which is to be replaced by a Type 'AA' Resolution shall be automatically revalidated until such Type 'AA' Resolution becomes effective or 180 days after the next meeting of the Tariff Conference, whichever is earlier
    4. if the Secretary does not receive such notice of intention within such 30 day period, the action of such government shall thereafter be deemed legally binding in accordance with its terms
  7. where a government alters the level of a cargo rate(s) or charge(s) set forth in a specified cargo rate(s) or charge(s) Resolution, such alteration shall be deemed a disapproval by that government of the cargo rate(s) and charge(s) concerned. This shall not be construed, however, as precluding a TC Member from exercising its rights provided for in Paragraph 9) hereof
    1. the term 'government(s)' as used in the preceding Paragraphs shall be deemed to be the government(s) referred to in Paragraph 2) hereof
    2. where due to action of any other government a TC Member is prevented from putting into effect the terms of any Resolution, such TC Member shall notify the Secretary. The effect of such action shall be subject to the provisions of Paragraphs 8), 9) and 10) hereof, and shall be restricted to the country of the government concerned and shall not be subject to any Special Effectiveness (Tie-In) Resolution, unless a TC Member notifies the Secretary within 30 days from the date of circulation of the notification by the Secretary that such action by the government concerned shall apply to the Resolution without restriction
  1. no TC Member shall announce to the public or divulge to Agents any changes resulting from a Tariff Conference Resolution (other than from a Resolution agreed by mail vote) until 72 hours after the termination of the Tariff Conference meeting unless another such time interval is established by the Tariff Conference Chairman; provided that this shall not preclude any TC Member from amplifying (other than by paid advertisement) the Tariff Conference press release at any time thereafter; provided further that any such announcement or divulgement shall be qualified by the words 'subject to government approval', until the date on which the Secretary circulates notice to all TC Members that all necessary government approvals have been received
  2. on and after commencement of the filing period, TC Members may provide paid advertisements to the public provided that any such advertisement shall be qualified by the words 'subject to government approval', until the date on which the Secretary circulates notice to all TC Members that all necessary government approvals have been received
  3. on and from a date to be fixed by the Tariff Conferences after commencement of the filing period and until voidance or effectiveness of the Resolutions, TC Members may only undertake sales of transportation to be commenced on or after the intended effective date of such Resolutions at the cargo rates and charges resulting from such Resolutions; provided that such sales shall be qualified, until all necessary government approvals have been received, by the words 'subject to government approval'
  4. no TC Member shall divulge information about, or take action on, receipt of all necessary government approvals prior to circulation by the Secretary to TC Members of formal notice thereof
  5. upon the coming into effect hereof, every unexpired Resolution shall be governed by the terms of this Resolution and the effectiveness Resolutions originally adopted shall forthwith expire; provided that the expiry date and type specified in the original effectiveness shall be retained in respect of such unexpired Resolutions