208 COMPETITION LAW IN TOURISM Additionally, Assembly Resolution A40-9, Appendix A, directed the Council to continue to monitor developments in the area of competition in international air transport. 4. CONCLUSIONS AND RECOMMENDATIONS OF AIR TRANSPORT CONFERENCES Among the conclusions and recommendations adopted by past ICAO Air Transport Conferences (and endorsed by either the Council, the Assembly or both), some dealt with safeguards, including fair competition, state aids/subsidies and dispute settlement. These have been incorporated as guidance into Doc 9587, except those produced by ATConf/6. The Fourth Worldwide Air Transport Conference (ATConf/4, 1994) considered the subject of safeguards along with market access and a related dispute resolution mechanism. While concluding that the proposed regulatory arrangements on safeguards and the dispute settlement mechanism could “provide a working tool, in concept form, which could serve as a means of ensuring fair competition”, the Conference recommended that the Organization undertook further development; based on the recommendations, relevant guidance was subsequently produced with the assistance of the Air Transport Regulation Panel (ATRP). The ATConf/4 also reflected on the issue of State aids/subsidies and recommended a regulatory arrangement for consideration by States4. The Fifth Worldwide Air Transport Conference (ATConf/5, 2003) considered, among other things, how to ensure fair competition in an environment of liberalisation, including a proposed model clause on “Safeguards against anti-competitive practices” for optional use by States. This Conference concluded that “liberalization must be accompanied by appropriate safeguard measures to ensure fair competition, and effective and sustained participation of all States”, also agreeing that the States should consider the proposed model clauses in their air services agreements5. The ATConf/5 also addressed, in Agenda item 2.3 Part II, the issue of State aids/subsidies, and concluded that “in a situation of the transition to liberalization or even in an already-liberalized market, States may wish to continue providing some 4 The text of the arrangement and related conclusions are contained in Doc 9587, pp. 8-6. 5 Related conclusions and the model clause are found in Doc 9587, Appendix 4, pp. A4-8 & A4-9.
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