70. Proclamation of the Federal Minister for arts and culture, constitutional and civil service concerning the correction of the by-laws of the air transport agreement between the Austrian Federal Government and the Government of Turkmenistan, together with annex
On the basis of the section 10 No. 1 of the Gazette law - BGBlG, Federal Law Gazette I no. 100/2003 as amended, is published:
The published English language version of the air transport agreement between the Austrian Federal Government and the Government of Turkmenistan along with annex, Federal Law Gazette III No. 113/2013, shall be adjusted as follows:
1 article 13 shall be added after paragraph 3 following paragraph 4-8:
"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 weak 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 adversely 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 sums due; the forgoing of a normal return on public funds used; two tax; compensation for financial burdens imposed by the public areas; 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'nt adversely affect or is adversely affecting the fair and equal opportunity of the airlines of the first Contracting Party to compete in providing international air transportation "that 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 the necessary on the exercise of these rights."
2. the additional page numbering shall be deleted starting on page 16 to including page 33.