BWBV0007150
Artikel 7
Verdrag inzake luchtdiensten tussen de Regering van het Koninkrijk der Nederlanden en de Regering van de Republiek Benin
1. The Contracting Parties agree that it is their joint objective to have a fair and competitive environment in which their Airlines enjoy fair and equal opportunities to compete in the provision of International Air Services.
2. For the purposes of this Article, “subsidy” means any financial contribution granted by the government or any other public body at any level, including the direct or indirect transfer of any type of funds, the foregoing or non-collection of revenue that is otherwise due and the direct or indirect supply of goods and services on non-commercial terms, thereby conferring an economic benefit to Airlines.
3. In order to attain the objective laid down in paragraph 1 of this Article, each Contracting Party shall:
a) prohibit, and where they exist, eliminate, within its jurisdiction, any forms of discrimination or of unfair practice which would adversely affect the fair and equal opportunity of the Airlines of the other Contracting Party to compete in providing International Air Services; and
b) not grant or maintain subsidies to any Airlines which would adversely affect the fair and equal opportunity of the Airlines of the other Contracting Party to compete in providing International Air Services.
4. Notwithstanding point (b) of paragraph 3 of this Article, the Contracting Parties may grant:
a) support to an insolvent or ailing Airline, provided that (i) such support is conditional on a credible restructuring plan with a view to ensuring the return of the insolvent or ailing Airline to long-term viability within a reasonable time; and (ii) the Airline concerned, or its investors or shareholders, significantly contribute to the costs of restructuring;
b) temporary and limited liquidity support to an ailing Airline in the form of loans or loan guarantees merely to keep it in business for the time necessary to work out a restructuring or liquidation plan;
c) subsidies to make good the damage caused by natural disasters or exceptional occurrences or to remedy a serious disturbance in the economy of the Republic of Benin or of one or more EU Member States;
d) subsidies to Airlines entrusted with the operation of clearly defined public service obligations necessary to meet essential transport needs of the population.
5. Each Contracting Party shall ensure that each of its Airlines providing International Air Services under this Agreement publishes, on at least an annual basis, a financial report, accompanied by a financial statement, that is externally audited in compliance with internationally recognised accounting and corporate financial disclosure standards, such as the International Financial Reporting Standards.
6. Each Contracting Party shall, when requested, provide to the other Contracting Party additional financial reports and any other relevant information within a reasonable delay.
7. If a Contracting Party (hereinafter referred to as “the initiating Contracting Party”) considers that its Airlines' fair and equal opportunities to compete are adversely affected by the breach by the other Contracting Party of any of the provisions of this Article, it may proceed in accordance with paragraphs 8 to 10 of this Article.
8. The initiating Contracting Party shall submit a written request for consultations to the other Contracting Party (hereinafter referred to as “the responding Contracting Party”). Consultations shall start within a period of thirty (30) days of the receipt of the request, unless otherwise agreed.
9. If the initiating Contracting Party and the responding Contracting Party concerned fail to reach agreement on the matter within sixty (60) days of the receipt of the request for consultations, the initiating Contracting Party may take measures against all or some of the Airlines of the responding Contracting Party which have engaged in the contested conduct or which have benefited from the discrimination, unfair practices or subsidies in question.
10. Measures taken pursuant to paragraph 9 of this Article shall be appropriate, proportionate and restricted in their scope and duration to what is strictly necessary to mitigate the injury and remove the undue advantage.
11. Nothing in this Agreement shall affect, limit or jeopardise in any way the authority or powers of the competition authorities of the Contracting Parties or of the courts or tribunals which review the decisions of those authorities.
2. For the purposes of this Article, “subsidy” means any financial contribution granted by the government or any other public body at any level, including the direct or indirect transfer of any type of funds, the foregoing or non-collection of revenue that is otherwise due and the direct or indirect supply of goods and services on non-commercial terms, thereby conferring an economic benefit to Airlines.
3. In order to attain the objective laid down in paragraph 1 of this Article, each Contracting Party shall:
a) prohibit, and where they exist, eliminate, within its jurisdiction, any forms of discrimination or of unfair practice which would adversely affect the fair and equal opportunity of the Airlines of the other Contracting Party to compete in providing International Air Services; and
b) not grant or maintain subsidies to any Airlines which would adversely affect the fair and equal opportunity of the Airlines of the other Contracting Party to compete in providing International Air Services.
4. Notwithstanding point (b) of paragraph 3 of this Article, the Contracting Parties may grant:
a) support to an insolvent or ailing Airline, provided that (i) such support is conditional on a credible restructuring plan with a view to ensuring the return of the insolvent or ailing Airline to long-term viability within a reasonable time; and (ii) the Airline concerned, or its investors or shareholders, significantly contribute to the costs of restructuring;
b) temporary and limited liquidity support to an ailing Airline in the form of loans or loan guarantees merely to keep it in business for the time necessary to work out a restructuring or liquidation plan;
c) subsidies to make good the damage caused by natural disasters or exceptional occurrences or to remedy a serious disturbance in the economy of the Republic of Benin or of one or more EU Member States;
d) subsidies to Airlines entrusted with the operation of clearly defined public service obligations necessary to meet essential transport needs of the population.
5. Each Contracting Party shall ensure that each of its Airlines providing International Air Services under this Agreement publishes, on at least an annual basis, a financial report, accompanied by a financial statement, that is externally audited in compliance with internationally recognised accounting and corporate financial disclosure standards, such as the International Financial Reporting Standards.
6. Each Contracting Party shall, when requested, provide to the other Contracting Party additional financial reports and any other relevant information within a reasonable delay.
7. If a Contracting Party (hereinafter referred to as “the initiating Contracting Party”) considers that its Airlines' fair and equal opportunities to compete are adversely affected by the breach by the other Contracting Party of any of the provisions of this Article, it may proceed in accordance with paragraphs 8 to 10 of this Article.
8. The initiating Contracting Party shall submit a written request for consultations to the other Contracting Party (hereinafter referred to as “the responding Contracting Party”). Consultations shall start within a period of thirty (30) days of the receipt of the request, unless otherwise agreed.
9. If the initiating Contracting Party and the responding Contracting Party concerned fail to reach agreement on the matter within sixty (60) days of the receipt of the request for consultations, the initiating Contracting Party may take measures against all or some of the Airlines of the responding Contracting Party which have engaged in the contested conduct or which have benefited from the discrimination, unfair practices or subsidies in question.
10. Measures taken pursuant to paragraph 9 of this Article shall be appropriate, proportionate and restricted in their scope and duration to what is strictly necessary to mitigate the injury and remove the undue advantage.
11. Nothing in this Agreement shall affect, limit or jeopardise in any way the authority or powers of the competition authorities of the Contracting Parties or of the courts or tribunals which review the decisions of those authorities.
- Citeren als
- Art. 7
- Status
- Geldend recht
- Identificatie
- BWBV0007150
- Officiële bron
- wetten.overheid.nl