Supplementary Act A/SP.9/02/12 Relating to the Common Rules on Certain Categories of Agreements, Decisions and Concerted Practices Relating to Rules of Competition in Air Transport Services within ECOWAS Member States
Act 2-SP9 of 2012
Supplementary Act A/SP.9/02/12 Relating to the Common Rules on Certain Categories of Agreements, Decisions and Concerted Practices Relating to Rules of Competition in Air Transport Services within ECOWAS Member States
Economic Community of West African States
Supplementary Act A/SP.9/02/12 Relating to the Common Rules on Certain Categories of Agreements, Decisions and Concerted Practices Relating to Rules of Competition in Air Transport Services within ECOWAS Member States
Act 2-SP9 of 2012
- Published in official journal 60 on 17 February 2012
- Commenced
- [This is the version of this document at 17 February 2012.]
Chapter 1
Definitions, objective and scope
Article 1 – Definitions
For the purpose of this Regulation, the following terms shall have the meanings assigned to them;Aeronautical Authority: any governmental authority, corporate body or organ duly authorised to perform this function;Airline: Any air transport enterprise offering or operating any international air services.Air Service: any flight or series of flights carrying, subject to consideration, passengers, freight and/or mail;Air Tariff: prices expressed in any currency of a member State to be paid for the carriage of passengers freight and mail on an air service together with the applicable conditions of such prices, including the remuneration and conditions offered to agencies and other ancillary services;Capacity: the number of seats and cargo space made available by an airline to the general public and/or the payload in freight and mail on air service over a given period and in a given sector;Capacity Dumping: the introduction into a market of capacity far in excess of anticipated demand which is likely to have significant adverse impact upon a competing carrier or carriers;Chicago Convention: Convention on International civil aviation signed at Chicago, on 7th December 1944 and its Annexes;Concerted practice: co-ordination between airlines that, without having reached the stage where an agreement properly so-called has been concluded, knowingly substitutes practical co-operation to the exclusion of competition;Council: the Council of Ministers as established under Article 10 of the ECOWAS Revised Treaty;Dominant position: a position of one or more airlines which enables them to prevent effective competition being maintained within the market or a part thereof, by giving them the ability to behave to an appreciable extent independently of their competitors, their suppliers, their customers or end-users;ECOWAS Commission: ECOWAS Commission established in article 17 of the ECOWAS Revised Treaty as amended in June 2006;Inordinately high Pricing: the introduction by a carrier or carriers into a market of a price increase which is unreasonably high because of a lack of price competition, or abuse of a dominant position, or collusion;Market: a relevant geographic area, including routes or sector thereof and a relevant air transport service provided by an airline;Montreal Convention: Convention on the Unification of Certain Rules concerning International Air transport signed in Montreal 28th May 1999 replacing the convention of Warsaw signed on 12 October 1929 and its protocol Annexes;Non-scheduled air service: Charter or special flights performed for remuneration on an irregular basis other than those operated under scheduled service.Price Predation: the introduction by a carrier into a market of an excessively low price which is likely to be perceived as specifically designed, targeted and intended to keep out a new entrant carrier or to drive out a weaker incumbent;Regional Competition Authority: The structure responsible for the implementation of the competition rules established pursuant to Article 1 of the Supplementary Act A/SA2/12/2008 on the establishment, function and operation of the regional competition authority for ECOWAS;"Scheduled air service: a series of flights with all the following characteristics:i)it is performed, subject to payment, with aircraft to carry passengers, freight and/or mail in such conditions that, on each flight, individual seats are made available to the public either directly by the airlines, or through its authorized agents;ii)it is organized for the purpose of connecting two airports or more:either according to a published schedule; orwith such a regularity or frequency that it becomes part of an obvious systematic series;Trade association: an association of airlines with the aim of promoting cooperation activities of its members;Traffic Right: The right granted to airline to carry passengers, freights and mail for remuneration.Article 2 – Objective and scope
Chapter II
Excemptions concerning joint planning and coordination of schedules, joint operations and joint consultations on passengers and freight tariffs on regular flights
Article 3 – Block exemption
The Regional Competition Authority may authorize exemptions concerning agreements between airlines, decisions and concerted practices dealing with:the joint planning and coordination of the schedule of an air transport service by airlines,the joint operation of a scheduled air service on a new or on a lowdensity route,the holding of consultations on tariffs for the carriage of passengers, with their baggage, and of freight on scheduled air services.Article 4 – Special provisions for joint planning and coordination of schedules
The exemption concerning joint planning and coordination of the schedule of an air service shall apply provided the following conditions are fulfilled:Article 5 – Special provision for joint operations
The exemption concerning the joint operation of an air service shall apply provided the following conditions are met:Article 6 – Special provisions for consultations on passenger and cargo tariffs
Article 7 – Withdrawal of the block exemption
The Regional Competition Authority may withdraw the benefit of the block exemption where it finds in a particular case that an agreement, decision or concerted practice exempted by this Supplementary Act, is incompatible or prohibited by Article 5 of the Supplementary Act No. A/SA1/12/08 dated 19 December 2008 on the adoption of the community rules and the modalities of their application within ECOWAS.Chapter III
Rules of exemption with regard to ground handling services
Article 8 – Exemption on ground handling services
The Regional Competition Authority may grant exemptions concerning ground handling services in airports of the ECOWAS member States.Article 9 – Ground handling services
The exemption granted under Article 8 shall apply to the following services:Article 10 – Implementation of exemptions
The exemption shall apply only if:Article 11 – Withdrawal of block exemption
The Regional Competition Authority may withdraw the benefit of the block exemption where it finds in a particular case that an agreement, decision or concerted practice exempted is incompatible or prohibited with the conditions laid down by Article 5 of the Supplementary Act No. A/SA1/12/08 dated 19 December 2008 adopting community competition rules and the modalities of their application within ECOWAS.Chapter IV
Rules of procedure
Article 12 – The Regional Competition Authority
The Regional Competition Authority in collaboration with the Air Transport Committee is hereby charged with the enforcement of the rules of procedure in matters of complaints, investigation and arbitration.Article 13 – Complaints, investigation and arbitration
Chapter V
Miscellaneous and final provisions
Article 14 – Report and cooperation
Article 15 – Amendments
Any Member State may submit proposal for amendment or revision of this Supplementary Act to the ECOWAS Commission in accordance with the provisions of article 90 of the ECOWAS Treaty relating to the procedures of amendment and revision.Article 16 – Entry into force and publication
Article 17 – Depositary authority
This Supplementary Act shall be deposited at the Commission which shall transmit certified copies thereof to all member States and register same with the African Union (AU), the International Civil Aviation Organization (ICAO) and such other organizations as may be decided by the Council.History of this document
17 February 2012 this version
Consolidation