COMPETITION IN AIR TRANSPORT SERVICES WITHIN AFRICA 299 6. SUBSIDIES The regulations prohibit the granting of any subsidy by any State Party or regional economic community which distorts or threatens to distort competition. The Executing Agency shall propose guidelines and implementing rules indicating circumstances under which subsidies may be granted. 7. EXEMPTIONS AND SAFEGUARD MEASURES The Executing Agency may exempt any practices, agreements or decisions which may have been deemed illegal or prohibited or may, on application by an airline of a State Party, approve measures designed to remedy any adverse effects the State may experience by reason of the implementation of the provisions of the regulations. Notwithstanding, in the event of negative economy factors prevailing in a State Party following the application of the provisions of the Regulations, the State Party concerned shall, after informing the relevant regional competition authority and the Executing Agency, take the necessary safeguard measures, pending the written approval of the regional competition authority and/or the Agency. These safeguard measures shall remain in force for a maximum period of one year and shall not distort or threaten to distort competition. The regional competition authority and or the Executing Agency shall examine the method of application and the effects of these safeguard measures while they remain in force and shall in all cases determine whether any measure taken pursuant distorts, threatens to distort, or has the effect of distorting competition. The regional competition authority and/or the Executing Agency shall recommend the withdrawal, determination or suspension of such a safeguard measure in the event of a negative determination in terms of the impact thereof. Any recommendation for withdrawal, termination or suspension shall clearly state the reasons for such a decision, the final date for withdrawal, termination or suspension, and the grounds for appeal against the recommendation. This recommendation should be classified as a decision under the regulation on the Powers, Functions and Operations of the Yamoussoukro Decision Enforcement Agency. The regional competition authority and/or the Executing Agency may decide to take interim measures that it deems fit when it determines that the State Party concerned has failed to take any action to address the recommendation addressed
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