APPLICATION FOR APPROVAL OF AGREEMENTS BY THE INTERNATIONAL AIR TRANSPORT ASSOCIATION

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1 BEFORE THE DEPARTMENT OF TRANSPORTATION WASHINGTON, DOC. Agreements Adopted by the Traffic Conferences of the International Air Transport Association Docket OST APPLICATION FOR APPROVAL OF AGREEMENTS BY THE INTERNATIONAL AIR TRANSPORT ASSOCIATION 22 July, 2004 Communications with respect to this document should be sent to: David M. O Connor Director United States International Air Transport Association 1776 K St. N.W. #400 Washington, D.C (202)

2 Summary DOCKET: OST DOT ORDER: pending Date: 22 July, 2004 Filing fee/iata Acct: $976 A345 US/UST involved?: yes Intended effective date: 1 October, 2004 Meeting date/time: 26 th IATA CSC held in Singapore on 11 March, 2004 Agreement/Minutes: CSC/26/Meet/007/2004 dated 21 July, 2004 Finally Adopted Resolutions: 002/003/600a/601/602/619/621/680/ 681/695/788/ RP1600b/1600b(II)/1601/1665/1670 APPLICATION FOR APPROVAL OF AGREEMENTS 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 and of Title 49 of the United States Code and Parts , and (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 materials and documentation required by 14 C.F.R 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 Services Conferences through which IATA Member airlines establish standardized facilitation arrangements intended to ease international air transportation and interline procedures. This agreement was developed in the context of prior Department and CAB ruling addressing related agreements which reflected regulatory and market conditions then in effect. The present agreement, which makes amendments to the framework agreements forming the charter for ongoing facilitation programs or creates new agreements pursuant to that framework, should be viewed as part of a dynamic process of IATA Member airline adjustment to governmental and economic factors. On previous occasions, the Department and CAB have found these framework agreements to be consistent with the public interest. The present agreement does not impair the previous bases for approval and themselves are not adverse to the public interest. 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.

3 We request early approval by the Department pursuant to 49 U.S.C and the grant of full antritrust immunity pursuant to 49 U.S.C 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 Services Conferences which the Department found to be anticompetitive but nevertheless approved and immunized in Order (May 6, 1985) on foreign policy and comity grounds. The agreement embodies amendments to services resolutions/recommended practices that have been previously approved and immunized or creates new resolutions/recommended practices pursuant to the framework forming the charter for ongoing facilitation programs. Therefore, consistent with the Department s policy of immunizing amendments coextensively with the underlying agreement, the subject agreement should be granted immunity. Respectfully submitted: David M. O Connor Regional Director, U.S. International Air Transport Association Attorney-in-fact

4 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 persons: Chief, Transportation, Energy & Agriculture Section Antitrust Division Department of Justice Washington D.C David M. O'Connor 22 July, 2004 Date Served

5 M E M O R A N D U M CSC/26/Meet/006/2004 TO: CC: FROM: All Members of IATA Cargo Services Conference Accredited Representatives Alternates to the Cargo Services Conference IATA Regional Directors / ISS Country Managers / CASS Managers / FIATA Director, Cargo Distribution DATE: 21 July, 2004 SUBJECT: FINALLY ADOPTED RESOLUTIONS 26 th IATA CARGO SERVICES CONFERENCE (CSC/26) SINGAPORE, 11 MARCH 2004 Please find enclosed the normal Resolutions finally adopted at CSC/26. The filing period runs from 1 July to 31 August, 2004, with an intended effective date of 1 October, Members are requested to file these Resolutions with their Government authorities where required, and to advise this office of their Government s action by 31 August, 2004, the end of the filing period. The IATA Washington office on behalf of U.S. Members will handle filing formalities with the U.S. Department of Transportation. The Montreal office will handle filing formalities with the National Transportation Agency of Canada, on behalf of Canadian members. Please note that these Resolutions will be declared effective upon receipt of the required Government Approvals, in accordance with Resolutions 001 and 006. Best regards, Sam O.E. Okpro Atts. 800 Place Victoria P.O. Box 113 Montreal, QC H4Z 1M1 Tel: +1 (514) Fax: +1 (514)

6 INTERNATIONAL AIR TRANSPORT ASSOCIATION CARGO SERVICES CONFERENCE (CSC/26) Singapore 11 March, 2004 FINALLY ADOPTED RESOLUTIONS AND RECOMMENDED PRACTICES

7 Summary Page 1 of 3 FINALLY ADOPTED RESOLUTIONS SUMMARY 26 TH IATA CARGO SERVICES CONFERENCE (CSC/26) These amended Resolutions emanating from CSC/26 have an intended effective date of 1 October, EXPEDITED RESOLUTIONS Intended Effective Date: 1 October, 2004 Resolution Summary of Resolution Summary of Amendment Resolution 002 Applicability of Resolutions and Recommended Practices (New) Resolution 003 Standard Rescission Resolution (New) Resolution 600a Air Waybill Resolution 601 Delegation of Authority to Adopt Amendments to Cargo Services Conference Resolutions and Recommended Practices Resolution 602 Cargo Business Processes Panel Outlines the objective of the CSC Resolutions and Recommended Practices. A Resolution established to formally rescind specific Resolutions. Provides governing rules on the use of the air waybill, technical specifications, completion instructions, distribution of copies and applicable conditions when transmitting air waybill information electronically. Outlines the delegation of authority the CSC Board or Panel to adopt amendments to CSC Resolutions and Recommended Practices. Outlines the terms of reference, function, constitution and decision making process of this Panel. Changes to printing requirements. Number of air waybill copies that must bear terms on reverse side. Change of name of the CSC Management Group to the Cargo Procedures Conference Management Group. This is due to the merger of the CSC Management Group and CAC Steering Group to form one body. Editorial amendments to the terms of reference, due to the newly established Cargo Procedures Conference Management Group.

8 Summary Page 2 of 3 Resolution Summary of Resolution Summary of Amendment Resolution 619 IATA Dangerous Goods Board Resolution 621 IATA Live Animals and Perishables Board Resolution 680 General Rules for the Use of Unit Load Devices Resolution 681 ULD Panel Resolution 695 Airmail Panel Resolution 788 Interline Recognition of Free and Reduced Fare or Rate Transportation Outlines the terms of reference, function, constitution, meeting requirements, dangerous goods regulations specifications and amendment procedures of this Board. Outlines the terms of reference, function, amendment procedures, live animals regulations and meeting requirements specifications of this Board. Outlines the rules pertaining to the use of a unit load device where such ULD s are carried under the conditions contained in the applicable tariffs of individual Members concerned. Outlines the terms of reference, function, constitution and decision making process of this Panel. Outlines the terms of reference, function, constitution and decision making process of this Panel. Conditions for granting of free and reduced fare or rate transportation on revenue earning flights. Amending the terms of reference to include e- meetings, via teleconferencing or . Therefore, annual conferences will no longer be necessary. Amending the terms of reference to include e- meetings, via teleconferencing or . Therefore, annual conferences will no longer be necessary. Removal of rules relating to the re-sale of ULD s. Amending the terms of reference to include e- meetings, via teleconferencing or . Therefore, annual conferences will no longer be necessary. Amending the terms of reference to include e- meetings, via teleconferencing or . Therefore, annual conferences will no longer be necessary. Amendments to emphasize the voluntary nature of the free & reduced fare/rate transportation.

9 Summary Page 3 of 3 Resolution Summary of Resolution Summary of Amendment Recommended Practice 1600b Publication of the Air Waybill and Conditions of Contract in the French Language Recommended Practice 1600b(II) Publication of the Air Waybill and Conditions of Contract in the French Language Recommended Practice 1601 Conditions of Carriage for Cargo Recommended Practice 1665 IATA Interline Cargo Claims Procedures Agreement Principles and Practices for the Investigation and Disposition of Air Cargo Claims Recommended Practice 1670 Carriage of Cargo Using Electronic Data Interchange (EDI) Provides the French version of the governing rules on the conditions of contract and notices included on the air waybill. Provides the French version of the governing rules on the conditions of contract and notices included on the air waybill. Provides the governing rules for the conditions of carriage of cargo for international air transportation. Outlines the establishment of uniform principles and practices for the handling of interline cargo claims. Outlines the conditions and agreement in the carriage of cargo using electronic data interchange. Amendments affecting the wording pertaining to the Montreal and Warsaw Conventions and clarification of liability re: carriage where the Warsaw Convention does not apply; amendments to the liability limits conversion note, referring to 250 French gold francs as being equal to approximately 17 SDR. Amendments affecting the wording pertaining to the Montreal and Warsaw Conventions and clarification of liability re: carriage where the Warsaw Convention does not apply; amendments to the liability limits conversion note, referring to 250 French gold francs as being equal to approximately 17 SDR. Removal of reference to payment of charges in cash at time of cargo acceptance. Changes regarding settlement of claims below $ 100 USD or equivalent. Change to Paragraph 2.1 removing the reference to standard Conditions of Contract.

10 Reso. 002 Page 1 of 1 Resolution 002 Applicability of Resolutions and Recommended Practices (New) CSC(26) 002 (new) Expiry: Indefinite Type: B RESOLVED that, the objective of the Resolutions and Recommended Practices adopted by the Cargo Services Conference is to establish the technical standards and procedures necessary to facilitate the proper handling and facilitation of multilateral cargo interlining. A Member is free to apply its own standards, procedures and protocols for its online transportation [or as bilaterally agreed for joint transportation with another carrier]. Filing Period Intended Effective Date 1 July to 31 August, October, 2004

11 Reso. 003 Page 1 of 1 Resolution 003 Standard Rescission Resolution (Rescinding) CSC(26)003 Expiry: 07 September 2004 Type: B RESOLVED that, Resolution 017 Resolution 023 Resolution 512b are rescinded. Proration of Joint Fares and Rates Fractionless Billing Establishment and Review of Charges for Local Terminal Services Filing Period Intended Effective Date 1 July to 31 August, October, 2004

12 Reso. 600a Page 1 of 1 Resolution 600a Air Waybill (Amending) CSC(26) 600a Expiry: Indefinite Type: B Resolved that Resolution 600a be amended as follows: Attachment A Air Waybill Technical Specifications 7. Description of the Reverse Side of the Airline and Neutral Air Waybill 7.1 The currently effective IATA Conditions of Contract shall be printed on a minimum of the three original copies of the airline and neutral air waybill. Filing Period Intended Effective Date 1 July to 31 August, October, 2004

13 Reso. 601 Page 1 of 1 Resolution 601 Delegation of Authority to Adopt Amendments to Cargo Services Conference Resolutions and Recommended Practices (Amending) CSC(26) 601 Expiry: Indefinite Type: B Resolved that Resolution 601 be amended as follows: 2.7 for amendments of an urgent nature, such as to reflect changes in government procedures or for reasons of safety, the Secretariat may request authority to take Notice of Amendment action directly from the Chairman of the CSC Management Group Cargo Procedures Conference Management Group. Filing Period Intended Effective Date 1 July to 31 August, October, 2004

14 Reso. 602 Page 1 of 1 Resolution 602 Cargo Business Processes Panel (Amending) CSC(26) 602 Expiry: Indefinite Type: B Resolved that Resolution 602 be amended as follows: 1. CARGO BUSINESS PROCESSES PANEL A Cargo Business Processes Panel is established to develop and maintain standards for the procedures, documentation and flow of information relating to the air cargo business. It shall do so by facilitating the discussion and resolution of issues within its purview. Resolution of such issues shall be by teleconferencing or exchange of messages or, when this is not possible, by convocation of a meeting with the approval of the Cargo Procedures Conference Management Group. Where necessary, the Panel may request the CSC Management Group Cargo Procedures Conference Management Group to create an ad hoc Task Force to resolve a specific issue. 3. CONSTITUTION OF THE PANEL 3.2 One half of the appointed Panel Members shall constitute a quorum for Panel teleconferences and meetings. 3.4 Any member failing to attend two consecutive meetings shall deemed to have terminated his membership thereof. 4. DECISIONS OF THE PANEL 4.1 Issues submitted to the Secretary for consideration by the Panel shall be discussed by Panel members through teleconferencing or an exchange of messages (teletype, fax, electronic mail) and all reasonable attempts shall be made to resolve such issues. 4.2 The Panel shall meet only when necessary as required. Such meetings shall be arranged by the Secretary after full consultation with the Chairman and with the approval of the Cargo Procedures Conference Management Group. 4.3 Observers may only participate in teleconferences or attend meetings of the Panel when their request is received at least fourteen (14) days prior to the teleconference or meeting. Observers shall not vote. Filing Period Intended Effective Date 1 July to 31 August, October, 2004

15 Reso. 619 Page 1 of 2 Resolution 619 IATA Dangerous Goods Board (Amending) CSC(26) 619 Expiry: Indefinite Type: B Resolved that Resolution 600a be amended as follows: 3. CONSTITUTION OF THE BOARD 3.3 Any Member failing to attend two consecutive meetings shall be deemed to have terminated his membership thereof. 4. TELECONFERENCES AND MEETINGS OF THE BOARD 4.1 The Board shall teleconference or meet once a year as required. Additional Such teleconferences and meetings shall only be held as agreed between the DGB Chairman, arranged by the Secretary after full consultation with the DGB Chairman and the CSC Chairman. Physical meetings require a formal request be submitted to the Cargo Procedures Conference Management Group for approval. One half of the appointed Board members shall constitute a quorum for Board teleconferences and meetings. 4.2 Observers may only participate in teleconferences or attend meetings of the Board when their request is received at least fourteen (14) days prior to the teleconference or meeting. Observers shall not vote. 6. AMENDMENT PROCEDURES 6.1 Requests for additions, changes and deletions to the DGR shall be submitted by Members and other interested parties to the IATA Senior Director, Customer and Distribution Services Secretary. All requests must be fully explanatory and include technical references and all information necessary to ensure safety during air transport. The requests shall be discussed by Board members through teleconferencing or an exchange of messages and all reasonable attempts shall be made to agree such requests. Requests that are to be discussed by teleconference shall be circulated to the Board members and interested parties fourteen (14) days prior to the teleconference.

16 Reso. 619 Page 2 of When a meeting has been approved by the Cargo Procedures Conference Management Group, Aall such requests, new and unresolved, shall be included by the Secretary in the agenda of the next meeting of the Board. The agenda will close forty-five (45) days prior to the date of each the meeting and will be circulated by the Secretary to all Board members at least thirty (30) days prior to the date on which the meeting commences. 6.3 Supplementary and on site agenda items will only be addressed if of an urgent nature and only with the agreement of the Chairman and Secretary. 6.4 The agenda documentation shall be structured to allow discussion in the following order: issues affecting the Dangerous goods Regulations; information items, including reports of other relevant meetings where appropriate. 6.5 A summary of Board decisions and action to be taken will be issued no more than fifteen (15) days after the meeting agreement of the Board and circulated to all Members of the Board and observers that participated in the teleconference or were present at the meeting. 6.6 All additions, changes and deletions agreed by the Board shall be circulated to all Members and non-iata carriers participating in the IATA Multilateral Interline Traffic Agreement Cargo. Any airline wishing to except itself in a more restrictive manner from the proposed rules and conditions shall advise the IATA Senior Director, Customer and Distribution Services Secretary not later than thirty (30) days after the date the amendments are circulated. The exception will then be included as an Operator Variation in the next edition of the DGR. Filing Period Intended Effective Date 1 July to 31 August, October, 2004

17 Reso. 621 Page 1 of 3 Resolution 621 IATA Live Animals and Perishables Board (Amending) CSC(26) 621 Expiry: Indefinite Type: B Resolved that Resolution 621 be amended as follows: 1. LIVE ANIMALS AND PERISHABLES BOARD 1.2 Registered observers shall not automatically assume membership in the event of a vacancy. However, attendance as an observer may be included in the written nomination to Conference. 1.3 Any Member failing to attend two consecutive meetings shall be deemed to have terminated his membership thereof. 62. TELECONFERENCES AND MEETINGS OF THE BOARD 62.1 The Board shall teleconference or meet once a year as required. Additional Such teleconferences and meetings shall only be held as agreed between the LAPB Chairman, arranged by the Secretary after full consultation with the LAPB Chairman and the CSC Chairman. Physical meetings require a formal request be submitted to the Cargo Procedures Conference Management Group for approval. One half of the appointed Board members shall constitute a quorum for Board teleconferences and meetings Observers may only participate in teleconferences or attend meetings of the Board when their request is received at least fourteen (14) days prior to the teleconference or meeting. Observers shall not vote The Board shall determine its own rules of procedure For voting purposes, decisions shall require a two thirds (23) majority of Board members present and voting, with abstentions not counted. However, for a motion to succeed, a minimum of six positive votes must be cast. 23. FUNCTIONS OF THE BOARD IN RESPECT OF LIVE ANIMAL TRANSPORTATION The IATA Live Animals and Perishables Board shall evolve criteria applicable to the acceptance, handling and loading of live animals in air transportation as outlined in the IATA Live Animals Regulations, which shall include provisions for their welfare whilst in the custody of Members: 23.1 consider all aspects of the specifications, rules and procedures by which live animals shall be carried safely worldwide. The foregoing shall include, but not be limited to, classification, labelling, marking, packing, quantities per package, handling, loading, documentary requirements and any other necessary control and animal welfare procedures;

18 Reso. 621 Page 2 of consider all proposals made from IATA Members, Convention on International Trade in Endangered Species (CITES), Office International des Épizooties (OIE), European Economic Community (EEC) and national legislative authorities; and other interested parties; 23.3 ensure that any proposals referred to in 23.1 and 23.2 take into account: the characteristics peculiar to air transport, such as aircraft structures, decreased pressures at high altitude, Members, governments, OIE, CITES, manufacturers, shippers and other interested parties to the Board the principles contained in the CITES and the OIE Code Sanitaire, as may be amended from time to time; 23.4 develop and propose additions, changes and deletions to the IATA Live Animal Regulations and to ensure that all agreed changes to the Regulations are suitably included in the corresponding issue of the IATA Live Animals Regulations; 23.5 develop and approve documentary requirements and procedures for the welfare control, handling and processing of live animals and their loading and unloading onto aircraft; 23.6 develop and issue educational and training material, as required, to enhance full compliance with the detailed provisions of the IATA Live Animals Regulations by packaging and equipment manufacturers, shippers, IATA Cargo Agents, forwarders, handling and airline staff; 23.7 undertake continuing review on the acceptance and carriage of live animals by air in the interest of the welfare and safety of animals and staff; 23.8 maintain close contact with shippers of live animals and national and international organisations concerned with the establishment of uniform and intermodal standards and requirements for the transport safety and welfare of live animals; 23.9 the Board shall consider the application of any other governmental regulations pertaining to the transportation of live animals or their unprocessed products. 34. AMENDMENT PROCEDURES FOR THE IATA LIVE ANIMALS REGULATIONS 34.1 Requests for additions, changes and deletions to the IATA Live Animals Regulations shall be submitted by Members, governments, OIE, CITES, manufacturers, shippers and other interested parties to the Board Secretary All requests for additions, changes and deletions must be fully explained, including technical references and illustrations, and in the case of additions they must include the species of the animal involved and all details of the recommended container. The requests shall be discussed by the Board members through teleconferencing or an exchange of messages and all reasonable attempts shall be made to agree such requests. Requests that are to be discussed by teleconference shall be circulated to the Board members and interested parties fourteen (14) days prior to the teleconference When a meeting has been approved by the Cargo Procedures Conference Management Group, Aall such recommended additions, changes and deletions, new and unresolved, must be published in the agenda of the meeting of the Board and circulated to the designated Board members by the IATA Secretariat at least thirty (30) days prior to the meeting All additions, changes and deletions agreed upon by the Board shall be circulated within thirty (30) days after the meeting agreement of the Board to the designated Board members, and Members and interested parties that have requested the documentation.

19 Reso. 621 Page 3 of Any airline wishing to except themselves in a more restrictive manner from the carriage of existing or additional species and/or conditions pertaining thereto, shall advise the IATA Secretary of the Board not later than thirty (30) days after the date of circulation of the amendment(s) in order that such exceptions can be included in the next edition of the IATA Live Animals Regulations. 45. IATA LIVE ANIMALS REGULATIONS 45.1 The IATA Live Animals Regulations shall contain, in addition to the technical standards and requirements, the carrier s handling, loading and stowage requirements on aircraft and all applicable state variations, operator differences and references that are notified to the IATA Secretariat A new edition of the IATA Live Animals Regulations shall be issued annually The Board shall determine the effectiveness date of agreed amendments to the IATA Live Animals Regulations and Members shall put such amendments into effect on that date. 56. FUNCTIONS OF THE BOARD IN RESPECT OF PERISHABLES TRANSPORTATION 56.1 The Board shall consider all aspects of the specifications, rules and procedures by which perishables will be carried efficiently and safely The Board shall consider all proposals made from IATA Members and other interested parties The Board shall maintain close contact with national regulatory authorities on the development and implementation of legislation that govern the air transport of perishables The Board shall liaise with international governmental conservation agencies to promote the transportation standard for endangered species of wild flora The Board shall update criteria applicable to the acceptance, handling and loading of perishables as recommended in the IATA Perishable Cargo Handling Manual. Filing Period Intended Effective Date 1 July to 31 August, October, 2004

20 Reso. 680 Page 1 of 2 Resolution 680 General Rules For the Use of Unit Load Devices (Amending) CSC(26) 680 Expiry: Indefinite Type: B Resolved that Resolution 680 be amended as follows: RESOLVED that, the following general rules shall apply for the use of unit load devices where such unit load devices are carried under the conditions contained in the applicable tariffs of individual Members concerned utilized by Members in the provision of interline transportation: 2. RESALE OF UNIT LOAD DEVICES Members shall not, directly or indirectly, purchase unit load devices for resale to non-members, except that aircraft unit load devices may be sold to third party pooling/leasing operators. 32. RESTRICTIONS Unless loaded by an air carrier, a unit load device shall not contain: 32.1 dangerous goods, other than those permitted in ULDs according to the IATA Dangerous Goods Regulations; or 32.2 live animals; 32.3 valuable cargo; 32.4 human remains. 4. PICKUP, DELIVERY AND OTHER SERVICES 4.1 In all cases where provided by or on behalf of the Member, appropriate pickup and/or delivery charges for unit load devices, whether loaded or unloaded, shall be assessed; provided that no pickup and/or delivery charge need apply within the boundary of the airport of departure and/or the boundary of the airport of destination. 4.2 The cost of brokerage and other services shall not be absorbed by Members and where such service is performed by a Member it shall be charged for appropriately.

21 Reso. 680 Page 2 of 2 5. RECONTOURING OR UNLOADING Members shall not package or assist in packing unit load devices on behalf of non-members. 6. ANCILLARY EQUIPMENT Members may supply to shippers only the unit load device, e.g. containers, pallets and net or igloos. The provision of ancillary equipment, e.g. low profile dollies, templates and jigs, whether paid or unpaid, is prohibited. 73. LOSS OR DAMAGE The shipper or the consignee shall be liable to the Member for loss of, or damage to, a Member owned unit load device while in his possession. 8. The provisions of Paragraphs 2, 4, 5 and 6 are not applicable in Europe. (Europe comprises those countries and areas listed as within Europe Sub-Area set out in the First Schedule of the Provisions for the Conduct of the IATA Traffic Conferences.) Filing Period Intended Effective Date 1 July to 31 August, October, 2004

22 Reso. 681 Page 1 of 1 Resolution 681 ULD Panel (Amending) CSC(26) 681 Expiry: Indefinite Type: B Resolved that Resolution 681 be amended as follows: 1. ULD PANEL A ULD Panel is established to develop and maintain guidelines and recommendations concerning the specifications, handling, restraint and maintenance of ULDs. It shall do so by facilitating the discussion and resolution of issues within its purview. Resolution of such issues shall be by teleconferencing or exchange of messages or, when this is not possible, by convocation of a meeting with the approval of the Cargo Procedures Conference Management Group. Where necessary, the Panel may request the CSC Management Group Cargo Procedures Conference Management Group to create an ad hoc Task Force to resolve a specific issue. 3. CONSTITUTION OF THE PANEL 3.2 One half of the appointed Panel Members shall constitute a quorum for Panel meetings and teleconferences. 3.4 Any member failing to attend two consecutive meetings shall deemed to have terminated his membership thereof. 4. DECISIONS OF THE PANEL 4.1 Issues submitted to the Secretary for consideration by the Panel shall be discussed by Panel members through teleconferencing or an exchange of messages (teletype, fax, electronic mail) and all reasonable attempts shall be made to resolve such issues. 4.2 The Panel shall meet only when necessary as required. Such meetings shall be arranged by the Secretary after full consultation with the Chairman and with the approval of the Cargo Procedures Conference Management Group. 4.3 Observers may only participate in teleconferences or attend meetings of the Panel when their request is received at least fourteen (14) days prior to the teleconference or meeting. Observers shall not vote. Filing Period Intended Effective Date 1 July to 31 August, October, 2004

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