BEFORE THE 

DEPARTMENT OF TRANSPORTATION 

WASHINGTON, D.C. 

Agreements Adopted by the Traffic 

Conferences of the International Air 

Transport Association 

OST-2011-XXXX

APPLICATION FOR APPROVAL OF AGREEMENTS 

BY THE 

INTERNATIONAL AIR TRANSPORT ASSOCIATION

31 May 2011 

Communications with respect to 

this document should be sent to 

Douglas E. Lavin 

 Regional Vice President – North America 

International Air Transport Association 

1776 K.St. N.W. #12th Floor 

Washington DC 20006 
 1

Summary DOCKET: OST-2011-XXXX US DOT ORDER: pending

Date: 31 May 2011 

Filing fee / IATA Acct: USD 122 / 0000-06 

US/UST involved: No

End of Government Filing Period: 17 June 2011

Meeting site, date: Mail Vote 684, e-Tariffs 2-20 May 2011 

Intended effective date: 1 September 2011 

Agreement: TC23/123 Europe-South West Pacific 

Mail Vote 684 Adoption 

Composite Resolutions 017jj & 017h 

 e-Tariffs, 2-20 May 2011 

 Intended Effective Date: 1 September 2011 

 (Memo 1627) 

R1 017jj 

R2 017h 
 2

APPLICATION FOR APPROVAL OF AGREEMENT

 Pursuant to statements submitted by Member airlines of the International Air Transport 

Association (IATA), the undersigned has been constituted to be their attorney-in-fact for filing 

with the Department of Transportation copies of agreements adopted by the IATA Traffic 

Conferences. 

 On their behalf, and pursuant to Sections 41308 and 41309 of Title 49 of the United 

States Code and Parts 303.03, 303.05 and 303.30(c) of Title 14 of the Code of Federal 

Regulations, I am filing with the Department this application for approval of an IATA 

agreement. 

 This agreement and related factual and explanatory material and documentation 

required by 14 C.F.R. 303.31 and Department and Civil Aeronautics Board (CAB) precedent 

are contained in the IATA Traffic Conference documentation summarized above. 

 This agreement arises from the continuing process of Tariff Coordinating Conferences 

and was developed in the context of prior Department and CAB rulings addressing related 

resolutions which reflected regulatory and market conditions then in effect. Thus, the present 

agreement should be viewed as part of a dynamic process of IATA Member airline 

adjustment to governmental and economic factors. 

 On previous occasions, the Department has found such agreements to be consistent 

with the public interest when they do not result in fares or rates that are unlawful or injurious 

to competition in the markets at issue. Approval of the present agreement would not yield 

fares or rates that are unlawful or injurious to competition. Moreover, approval of this 

agreement, which reflects compromises among the differing economic and social 

philosophies of the many nations whose airlines are parties, will advance the public interest 

in maintaining good aviation relations with other countries. 

 We request early approval by the Department of the foregoing agreement, pursuant to 

49 U.S.C. 41309, and the grant of full antitrust immunity, pursuant to 49 U.S.C. 41308. 

 The conferral of full antitrust immunity would be in the public interest and necessary for 

the transaction to proceed. This agreement is a product of the IATA Tariff Coordinating 

Conferences which the Department found to be anticompetitive but nevertheless approved 

and immunized in Order 85-5-32 (May 6, 1985) on foreign policy and comity grounds 

because such action is necessary to achieve the serious transportation need of maintaining 

good aviation relations with other countries and these benefits are not obtainable by 

reasonably available means having materially less anticompetitive effects. 

 This agreement concerns fares or rates between non-U.S. points and thus has at most 

indirect application in foreign air transportation. The U.S. authorities have recognized (e.g, 

Order 79-8-194, 30 August 1979) that the interests of sovereign nations in the conditions 

governing air transportation between them greatly exceed any that the U.S. might have by 

reason of U.S. airline, citizen or shipper participation. This agreement is not adverse to the 

public interest or in violation of the Act and, therefore, should be granted full immunity. 

Respectfully submitted 

___________________________ 

 Douglas Lavin 

 Regional Vice President – North America 

International Air Transport Association 
 3

CERTIFICATE OF SERVICE

 A copy of this application or a summary notice thereof has been served by first class or 

priority mail on the following person 

Chief, Transportation, Energy & Agriculture Section 

Antitrust Division 

Department of Justice 

Washington D.C. 20530 

________________________________ 

 Douglas E. Lavin 

31 May 2011 

Date Served 
International Air Transport Association 

Route de l’Aéroport 33 

PO Box 416 

CH - 1215 Geneva 15 Airport 

Switzerland 

Tel: +41 22 770 2842 

Fax +41 22 770 2896 

LO www.iata.org E-Mail: tariffs@iata.org 

30 May 2011 

MEMORANDUM

PTC COMP 1627 

TO: Members Participating in Tariff Coordinating Conferences 

FROM: Manager, Interline Tariffs 

SUBJECT: TC23/123 Europe-South West Pacific 

Mail Vote 684 Adoption - Composite Resolutions 017jj & 017h 

 e-Tariffs, 2-20 May 2011 

 Intended Effective Date: 1 September 2011 

 

RESOLUTIONS - ADOPTED

Attached are new PTC COMP Resolution 017jj and amended Resolution 017h which were 

adopted on 20 May 2011 using the e-Tariffs platform for an intended effective date of 

1 September 2011. 

The filing period for the attached Resolutions ends 17 June 2011. Members are reminded 

obligations under Resolutions 001 and 006 to advise this office by the end of the filing 

period whether approval by their Government authorities is required and, if so, to 

accomplish the necessary filing formalities. The effective date will be declared in 

accordance with Resolutions 001 and 006, when all the known necessary Government 

approvals have been received. 

Cristina Rotor 

Manager, Tariff Solutions & Distribution 

IDFS Passenger 
 RESOLUTIONS ADOPTED/AMENDED AT 

PASSENGER TARIFF COORDINATING CONFERENCE 

TC23/123 EUROPE-SOUTH WEST PACIFIC 

MAIL VOTE 684 

e-TARIFFS, 2-20 MAY 2011 

EFFECTIVE DATE: 1 SEPTEMBER 2011 

RESO TITLE COMMENTS RD 

017jj Fare Selection Criteria 

Fare Components between Europe and South West 

Pacific

New 1

017h Fare Selection Criteria 

(not applicable to/from USA/US Territories) 

Amended 2 
ADOPTED Res Doc : 1 

 Resolution : 017jj 

PTC23 EUR-SWP 1627 

e-Tariffs, May11 

FARE SELECTION CRITERIA 

FARE COMPONENTS 

BETWEEN EUROPE AND SOUTH WEST PACIFIC 

PTC23(MV684)017jj New

PTC123(MV684)017jj (via TC1) 

Filing Period Begins 30 May 2011 Intended Effectiveness 1 September 2011 

 Ends 17 June 2011 Expiry Indefinite 

 Type B 

RESOLVED that for purposes of fare selection other than for fare construction checks 

1) the fares to be used will be those applicable to the carrier selected. 

These may be either 

a) carrier specific fares, or 

b) if all fares of the selected carrier cannot be used, the YY fare (subject to the 

selected carrier’s acceptance of the use of YY fares), or 

c) if a partial structure has been filed as carrier specific fares then the remainder 

of the structure will be established using YY fares unless the carrier has advised 

that such YY fares will not apply 

Example: The carrier has no fares records for carrier specific fares - the YY 

structure will apply for that carrier. 

FARE COMPONENTS TC23/TC123 (via TC1) BETWEEN EUROPE AND SOUTH 

WEST PACIFIC 

2) the fares to be applied will be the lowest of 

a) the fares for the original issuing carrier, and 

b) the fares for the carrier performing the first area-to-area crossing 

provided all conditions of the fare selected are met 

3) for fare components that end in the pricing unit origin the fares to be applied will be 

the lowest of 

a) the fares for the carrier who performs the last area-to-area crossing, and 

b) the fares for the original issuing carrier 

4) if in the application of Paragraphs 2) and 3) above, the first/last area-to-area 

crossing sector is also the original issuing carrier then only the fares for the carrier 

on such sector will be selected 

5) surface sectors: if the sector for which the selection is made is a surface sector, YY 

 fares will be used 
ADOPTED Res Doc : 2 

 Resolution : 017h 

PTC23 EUR-SWP 1627 

e-Tariffs, May11 

FARE SELECTION CRITERIA 

(NOT APPLICABLE TO/FROM USA/US TERRITORIES) 

implementation awaiting Government approval 

PTC1(57)017h Amending

PTC2(89)017h 

PTC3(61)017h 

PTC12(119)017h 

PTC23(MV684)017h 

PTC31(85)017h

PTC123(MV684)017h (via TC1) 

Filing Period Begins 30 May 2011 Intended Effectiveness 1 September 2011 

 Ends 17 June 2011 Expiry Indefinite 

 Type B 

RESOLVED that, Resolution 017h is amended as follows 

1 paragraph 3) is amended 

FARE COMPONENTS TC23 VIA TC1, TC12 via TC3 

 3) the fares to be applied will be the fares for the carrier who performs the carriage 

on the first sector which crosses from one area to another 

Examples 

1. Journey: SYD-LAX-LON-LAX-SYD

 Fare Components: SYD-LON the fares will be those for the carrier SYD-LAX

 LON-SYD the fares will be those for the carrier LAX-SYD (but in

 the direction from SYD)

2. Journey: LON-LAX-SYD-LAX-LON

 Fare Components: LON-SYD the fares will be those for the carrier LON-LAX

 SYD-LON the fares will be those for the carrier LAX-LON (but in

 the direction from LON) 

1.3. Journey: MEX-KUL-JNB-KUL-MEX 

 Fare Components: MEX-JNB the fares will be those for the carrier MEX-KUL 

 JNB-MEX the fares will be those for the carrier KUL-MEX (but in the direction from MEX) 

2.4. Journey: JNB-KUL-MEX-KUL-JNB Fare Components: JNB-MEX the fares will be those for the carrier JNB-KUL 

 MEX-JNB the fares will be those for the carrier KUL-JNB (but in the direction from JNB) 

2 paragraph 8) is added 

 8) this Resolution is not applicable for travel between Europe and South West

Pacific except for purposes of fare construction checks