70. Presentation of the Federal Minister of Arts and Culture, Constitution and Civil Service concerning the correction of the agreement of the Air Transport Agreement between the Austrian Federal Government and the Government of Turkmenistan, together with the annex
On the basis of § 10 Z 1 of the Federal Law Gazette Act-BGBlG, BGBl. I n ° 100/2003 idgF, shall be made known:
The published English language version of the Air Transport Agreement between the Austrian Federal Government and the Government of Turkmenistan, together with the appendix, BGBl. III, No 113/2013, shall be corrected as follows:
1. In Article 13, the following paragraph 4-8 shall be added after paragraph 3:
" 4. Neither Contracting 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.
5. Neither Contracting Party shall provide or permit state subsidy or support for or to its designated airline or airlines in such way that would affect the fair and equal opportunity of the airlines of the other Contracting Party to compete in providing international air transportation.
6. 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 consumption 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.
7. Where a Contracting 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.
8. If one Contracting 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 Contracting Party would affect or is affecting the fair and equal opportunity of the airlines of the first Contracting Party to compete in providing international air transportation, it shall have the right to suspend the exercise of the rights specified in Article 2 of the present agreement by the airline designated by the other Contracting Party, or to revoke the operating authorization, or to impose such conditions as it may deem necessary on the exercise of these rights. "
2. The additional page numbering, starting on page 16 to page 33 inclusive, is deleted.