Art. 13 Verdrag inzake luchtvervoer tussen het Koninkrijk der Nederlanden, ten behoeve van Curaçao, en de Portugese Republiek, Fair competition

Verdrag inzake luchtvervoer tussen het Koninkrijk der Nederlanden, ten behoeve van Curaçao, en de Portugese Republiek

1. Each Party shall allow fair and equal opportunity for the Designated Airlines of both Parties to operate the Agreed Services on the Specified Routes.

2. Each Party shall allow each Designated Airline to determine the frequency and capacity of the International Air Service it offers based upon commercial considerations in the marketplace. Consistent with this right, neither Party shall unilaterally limit the volume of traffic, frequency or regularity of service, or the aircraft type or types operated by the Airlines designated by the other Party, except as may be required for customs, technical, operational or environmental reasons under uniform conditions consistent with Article 15 of the Convention.

3. Neither Party shall allow its Designated Airline or Airlines, either in conjunction with any other Airline or Airlines or separately, to abuse market power in a way which has or is likely or intended to have the effect of severely weakening a competitor or excluding a competitor from a route.

4. Neither Party shall provide or permit state subsidy or support for or to its Designated Airline or Airlines in such way that would adversely affect the fair and equal opportunity of the Airlines of the other Party to compete in providing International Air Service.

5. State subsidy or support means the provision of support on a discriminatory basis to a Designated Airline, directly or indirectly, by the state or by a public or private body designated or controlled by the state. Without limitation, it may include the setting-off of operational losses; the provision of capital, non-refundable grants or loans on privileged terms; the granting of financial advantages by forgoing profits or the recovery of sums due; the forgoing of a normal return on public funds used; tax exemptions; compensation for financial burdens imposed by the public authorities; or discriminatory access to airport facilities, fuels or other reasonable facilities necessary for the normal operation of Air Services.

6. Where a Party provides state subsidy or support to a Designated Airline in respect of services operated under this Agreement, it shall require that Airline to identify the subsidy or support clearly and separately in its accounts.

7. If one Party has substantiated concerns that its Designated Airlines are being subjected to discrimination or unfair practices, or that a subsidy or support being considered or provided by the other Party would adversely affect or is adversely affecting the fair and equal opportunity of the Airlines of the first Party to compete in providing International Air Service, it shall have the right to suspend the exercise of the rights specified in Article 2 of this Agreement by the Airline designated by the other Party, or to revoke the operating authorization, or to impose such conditions as it may deem necessary on the exercise of these rights.