(11)

They offer: (a) to make arrival and departure slot pairs available at Amsterdam airport and/or New York JFK/Newark Liberty airports, as well as at Rome airport and/or New York JFK/Newark Liberty airports — at the prospective entrant’s choice — to allow one or more prospective entrant(s) to operate or increase up to seven (7) new or additional frequencies weekly on each of Amsterdam-New York and Rome-New York. The offer is subject to certain conditions, including: (a) that the prospective entrant has exhausted all reasonable efforts to obtain the necessary slots through the general slot allocation process; and (b) that with regard to the New York end, the combined aggregate holding of slots held at New York JFK/Newark Liberty airports by: (i) the prospective entrant; (ii) its regional affiliates; and (iii) any other carriers with which it has a transatlantic joint venture which has been granted antitrust immunity by the DOT and those carriers’ regional affiliates, is not greater than 200 daily slots; (b) to enter into fare combinability agreements, as follows: i. with an eligible non-stop air services provider which, after the date when the commitments take effect, has started to operate a new or increased competitive air service on an Identified City Pair; and ii. with an eligible non-stop air services provider which already operates a competitive air service on Paris-New York, provided in each case that the eligible non-stop air services provider or its alliance partners do not operate a hub at both ends of the Identified City Pair. Such fare combinability agreements shall be available for all classes of passengers, except on Paris-New York, where they shall cover premium passengers only (as defined in paragraph (7) above); (c) to enter into special prorate agreements for traffic with a true origin and a true destination in Europe or North America/the Caribbean/Central America, as follows: i. with a new non-stop air services provider which, after the date when the commitments take effect, has started to operate a new or increased competitive air service on an Identified City Pair, irrespective of whether the competitive air service is commenced on the basis of slots obtained from the Parties under the proposed commitments; and ii. with an eligible non-stop air services provider which already operates a competitive air service on Paris-New York. Such special prorate agreements shall be available for all classes of passengers, except for Paris-New York, where they shall cover premium passengers only (as defined in paragraph (7) above). The Parties shall not be obliged to enter into a special prorate agreement on any of the Identified City Pairs with any requesting air services provider which, alone or in combination with its alliance partners, operates a hub at both ends of the Identified City Pair; (d) to open their frequent flyer programmes to any New Non-stop Air Service Provider which, after the date when the commitments take effect, commences or increases a service on an Identified City Pair, provided such new non-stop air service provider does not have a comparable programme of its own and does not already participate in any of the Parties’ frequent flyer programmes.