Schedule
Form A
Application for an exemption
By the Executing AgencyUnder Article 7(1) of the Competition Regulations for competition in air transport servicesIdentity of the parties:Full name and address, telephone, telex and facsimile numbers, and brief description of the undertaking(s) or association(s) of undertakings submitting the application.2.Identity of other partiesFull name and address and brief description of any other parties to the agreement, decision or practice (hereinafter referred to as the "arrangements")Purpose of the application:Applicant(s) to state for which length of time an exemption is sought. The maximum duration is five years.Full description of the arrangements:Applicant(s) should provide details of the arrangements, including financial details (which enjoy professional secrecy under Article 18 of the Regulations) (if necessary, Appendixes to the application may be used)Reasons for an exemption:Applicant(s) must state why the sought exemption is merited, in fact and in law (if necessary, Appendixes to the application may be used). In particular, applicant(s) must comment upon the effects of the sought exemption on competition in the relevant geographical markets (air routes) and product markets (air transportation versus other modes of transportation).Notice to applicant(s)(a)Copy of this signed application and any Appendixes thereto will be sent to the competent authorities of State Parties according to Article 7(3) of the Competition Regulations;(b)Applicant(s) will receive an acknowledgement of receipt of the application, accompanied by the text of the Regulations, any implementing provisions and rules of procedure;(c)The Joint Competition Authority may ask applicant(s) for any additional information (which will enjoy professional secrecy under Article 18 of the Regulations) and may set a deadline for the provision of such information;(d)Applicant(s) should realise that the provision of any late, incorrect or misleading information may lead to the imposition of a penalty under Article 16 of the Regulations;(e)Where the Joint Competition Authority, on the basis of the written evidence, is of the opinion that an exemption should be granted, it may do so in writing for a period not exceeding five years, either unconditionally of subject to conditions;(f)Where the Joint Competition Authority tends towards a rejection of the application, it shall so inform the applicant(s) who remain(s) entitled to a hearing under Article 11 of the Regulations;(g)Where the Joint Competition Authority rejects the application, it shall give written reasons therefore;(h)An exemption that has been granted may be revoked for reasons set out in the implementing provisions, referred to under (b) above.Place and date:Signature(s):Form B
To the Executing AgencyUnder Article 9 of the Competition Regulations for competition in air transport servicesIdentity of the complainant(s):Full name and address, telephone, telex and facsimile numbers of the complainant or complainants.Object of the complaint:Complainant(s) to state which practice(s), agreement(s), decision(s), abuse(s) of dominant position or abuse(s) of exemption it contests.Subject of the complaint:Complainant(s) to state against which undertaking(s) (or association[s] of undertakings) the complaint is addressed.Remedy(ies) sought:Complainant(s) to state which remedy or remedies they seek under Article 12 (cease and desists orders) and/or Article 15 (penalties)Full description of the fact(s):Complainant(s) to describe the fact or facts leading to the complaint, including financial details (which enjoy professional secrecy under Article 18 of the Regulations) (if necessary, Appendixes to the complaint may be used)Reasons for the complaint:Complainant(s) to state why the complaint is justified, in fact and in law (if necessary, Appendixes to the complaint may be used). In particular, complainant(s) must comment upon the effects of the attacked practice, agreement, decision, abuse of dominant position or abuse of exemption on competition in the relevant geographical markets (air routes) and product markets (air transportation versus other modes of transportation).Notice to applicant(s):(a)Copy of this signed complaint and any Appendixes thereto will be sent to the competent authorities of Member States according to Article 9(3) of the Regulations;(b)Complainant(s) will receive an acknowledgement of receipt of the complaint, accompanied by the text of the Regulations, any implementing provisions and rules of procedure. The Executing Agency shall advise the complainant of its decision within ninety days or advise the complainant of further procedures to be followed;(c)The Executing Agency may ask complainant(s) for any additional information (which will enjoy professional secrecy under Article 18 of the Regulations) and may set a deadline for the provision of such information;(d)Complainant(s) should realise that the provision of any late, incorrect or misleading information may lead to the imposition of a penalty under Article 15 of the Regulations;(e)The undertaking (or association of undertakings) against whom a complaint has been made be entitled to a hearing under Article 11 of the Regulations;(f)The Executing Agency shall endeavour to render a decision on the complaint under Article 12 of the Regulations (cease and desist orders) and/or Article 15 of the Regulations (Penalties) within a period of thirty days from receipt of the complaint;(g)Complainant(s) is (are) reminded that frivolous complaints are forbidden and may result in fines under the Regulations and provisions implementing these.Place and date:Signature(s):