Debates Parlamentares - Diário 088, p. 222 (2019-04-16)

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8. 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 transportation.

9. State subsidy or support means the provision of support on a discriminatory basis to a

designated airline, directly or indirectly, by a 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.

10. 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.

11. In the event that the aeronautical authorities of the Parties fail to agree upon the capacity, or

if concerns arise regarding competition, as referred to in this Article, the matters shall be dealt

with in accordance with Article 18 of this Agreement.

ARTICLE 13

APPROVAL OF SCHEDULES

The designated airlines of each Party shall submit their envisaged flight schedules for approval

to the aeronautical authorities of the other Party at least sixty (60) days prior to the introduction

of the agreed new services on the specified routes. Any modification to such schedules shall also

be submitted to the aeronautical authorities of the other Party for approval at least thirty (30) days

in advance. In special cases this time limit may be reduced subject to the consent of the said

authorities.

ARTICLE 14

SAFETY

II SÉRIE-A — NÚMERO 88_________________________________________________________________________________________________________________

222

8. 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 transportation. 9. State subsidy or support means the provision of support on a discriminatory basis to a designated airline, directly or indirectly, by a 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. 10. 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. 11. In the event that the aeronautical authorities of the Parties fail to agree upon the capacity, or if concerns arise regarding competition, as referred to in this Article, the matters shall be dealt with in accordance with Article 18 of this Agreement. ARTICLE 13 APPROVAL OF SCHEDULES The designated airlines of each Party shall submit their envisaged flight schedules for approval to the aeronautical authorities of the other Party at least sixty (60) days prior to the introduction of the agreed new services on the specified routes. Any modification to such schedules shall also be submitted to the aeronautical authorities of the other Party for approval at least thirty (30) days in advance. In special cases this time limit may be reduced subject to the consent of the said authorities. ARTICLE 14 SAFETY II SÉRIE-A — NÚMERO 88_________________________________________________________________________________________________________________222

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