43 Amendments of Nicola CAPUTO related to 2017/0116(COD)
Amendment 20 #
Proposal for a regulation
Recital 2
Recital 2
(2) Union air carriers are at the centre of a global network connecting Europe internally and with the rest of the world. They should be enabled to compete against third countries air carriers in an environment of open and fair competition between all air carriers. This would contributeis necessary to maintaining conditions conducive to a high level of Union's connectivity and to ensure the continuing competitiveness of Union air carriers as well as well as high levels of employment in the European industry.
Amendment 27 #
Proposal for a regulation
Recital 3
Recital 3
(3) Fair competition is an importantndispensable general principle in the operation of international air transport services. This principle is notably acknowledged by the Convention on International Civil Aviation ('the Chicago Convention') whose preamble recognises the need for international air transport services to be based on the basis of "equality of opportunity". Article 44 of the Chicago Convention also states that the International Civil Aviation Organization ('ICAO') should aim to foster the development of international air transport so as to "insure that every contracting State has a fair opportunity to operate international airlines" and to "avoid discrimination between contracting States".
Amendment 30 #
Proposal for a regulation
Recital 6
Recital 6
(6) Efforts shouldmust therefore be strengthened in the context of ICAO and of WTO to actively support the development of international rules guaranteeing fair competition conditions between all air carriers.
Amendment 34 #
Proposal for a regulation
Recital 7
Recital 7
(7) Fair competition between air carriers shouldmust preferably be addressed in the context of air transport or air services agreements with third countries. However, most air transport or air services agreements concluded between the Union or its Member States or both, on the one hand, and third countries on the other do not so far provide for corresponding rules. Efforts should therefore be strengthened to negotiate the inclusion of fair competition clauses in existing and future air transport or air services agreements with third countries.
Amendment 37 #
Proposal for a regulation
Recital 7 a (new)
Recital 7 a (new)
(7 a) The initiative to negotiate air transport agreements at the Union level and bilateral aviation safety agreements with third countries representing emerging and strategic markets (such as China, Japan, ASEAN, Turkey, Qatar, the UAE, Armenia, Mexico, China, Bahrain, Kuwait, Oman and Saudi Arabia) is welcomed and constructive negotiations are encouraged. However new agreements should be correctly implemented and enforced by all parties and need to include a fair competition clause on the basis of international standards (ICAO, ILO). The Commission and the Council, on a basis of respect for Article 218 TFEU, are invited to fully involve the Parliament at all stages of negotiations.
Amendment 39 #
Proposal for a regulation
Recital 7 a (new)
Recital 7 a (new)
(7 a) The existence of bilateral air transport or air service agreements including fair competition clauses or similar provisions does not prevent the Commission from conducting an investigation and taking measures where necessary. The decision to initiate an investigation does not prevent the Commission to support and advise Member States involved in a dispute settlement procedures foreseen in international agreements.
Amendment 41 #
Proposal for a regulation
Recital 7 b (new)
Recital 7 b (new)
(7 b) The Commission should make negotiating air transport agreements with third countries conditional on high safety standards, appropriate labour and social standards and participation in the market- based climate change instrument for air transport emissions and should ensure that air transport agreements provide for equal market access, equal ownership conditions and a level playing field based on reciprocity.
Amendment 42 #
Proposal for a regulation
Recital 8
Recital 8
(8) Fair competition between air carriers can also be ensured through appropriate Union legislation such as Council Regulation (EEC) No 95/9320 and Council Directive 96/97/EC21 . Insofar as fair competition supposes protection of Union air carriers from certain practices adopted by third countries or third country carriers, this issue is currently addressed in Regulation (EC) No 868/2004 of the European Parliament and of the Council22 . However, Regulation (EC) No 868/2004 has proven insufficiently effective, in respect of its underlying general aim of fair competition. This is notably due to certain of its rules pertaining notably to the definition of the practices concerned, other than subsidisation, and to the requirements regarding the initiation and conduct of investigations. In addition, Regulation (EC) No 868/2004 fails to provide for a dedicated Union internal procedure in respect of obligations contained in air transport or air services agreements to which the Union is a party and intended to ensure fair competition. Given the number and importance of the amendments that would be necessary to address these issues, it is appropriate to replace Regulation (EC) No 868/2004 by a new act. _________________ 20 Council Regulation (EEC) No 95/93 of 18 January 1993 on common rules for the allocation of slots at Community airports (OJ L 14, 22.1.1993, p.1). 21 Council Directive 96/67/EC of 15 October 1996 on access to the groundhandling market at Community airports (OJ L 272, 25.10.1996, p.36). 22 Regulation (EC) No 868/2004 of the European Parliament and of the Council of 21 April 2004 concerning protection against subsidisation and unfair pricing practices causing injury to Community air carriers in the supply of air services from countries not members of the European Community (OJ L 162, 30.04.2004, p.1).
Amendment 51 #
Proposal for a regulation
Recital 9 a (new)
Recital 9 a (new)
(9 a) The issue of ensuring fair competition also includes respect for and adherence to workers' rights including but not limited to the standards of the International Labour Organization, agreed environmental and health and safety standards and rules for the benefit of passengers;
Amendment 69 #
Proposal for a regulation
Recital 15
Recital 15
(15) Proceedings should not be initiated or should be concluded without redressive measures under this Regulation where the adoption of the latter would be against the Union interest, having regard to their impact on other persons, notablyarties, including consumers or, undertakings in the Unionand aviation employees. Proceedings should also be concluded without measures where the requirements for such measures are not, or no longer met.
Amendment 71 #
Proposal for a regulation
Recital 16 a (new)
Recital 16 a (new)
(16 a) For effective, proportionate and dissuasive reasons the Commission should be entitled to take provisional measures before the termination of proceedings.
Amendment 77 #
Proposal for a regulation
Recital 19
Recital 19
(19) Redressive measures in respect of practices affecting competition are aimed at offsetting the injury that occurs or is threating to occur due to those practices. They should therefore take the form of financial duties or of other measures which, representing a measurable pecuniary value, are capable of achieving the same effect. This may include measures consisting in the suspension of concessions, of services owed or of other rights of the third country air carrier, provided that this does not lead to a violation of an air transport or air services agreement concluded with the third country concerned. In order to comply with the principle of proportionality, measures of any kind should be confined to what is necessary to offset the injury or threat of injury identified.
Amendment 85 #
Proposal for a regulation
Recital 23
Recital 23
(23) Since the objective of this Regulation, namely the efficient protection, equal for all Union carriers and based on uniform criteria and procedures, against violation of applicable international obligations and against injury or threat of injury to one or more Union air carriers caused by practices affecting competition, adopted by third countries or third country entities cannot be sufficiently achieved by the Member States, but can rather be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on the European Union. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve those objectives. This Regulation does not either aim to impose any standards on third country air carriers, for instance with regards to subsidies by introducing more restrictive obligations than those applying to Union carriers.
Amendment 92 #
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Regulation lays down rules on the conduct of investigations by the Commission and on the adoption of redressive measures, relating to violation of applicable international obligations and to practices affecting competition between Union air carriers and other air carriers and causing or threatening to cause injury to Union air carriers and dependent industries.
Amendment 104 #
Proposal for a regulation
Article 2 – paragraph 1 – point e
Article 2 – paragraph 1 – point e
(e) 'third country entity' means any natural or legal person, whether profit- making or not, or any official body with or without own legal personality, which is under the jurisdiction of a third country, whether controlled by a third country government or not, and is directly or indirectly involved in air transport services or related services or in providing infrastructure or services used to provide air transport services or related services, including joint ventures and alliances among carriers;
Amendment 107 #
Proposal for a regulation
Article 2 – paragraph 1 – point f
Article 2 – paragraph 1 – point f
(f) 'practices affecting competition' means discrimination and subsidi, subsidies and breach of labour standards as established and defined by the International Labour Organization, as well as breaches of any other relevant internationally agreed standards such as on environmental, health and safety or passenger rights issues;
Amendment 111 #
Proposal for a regulation
Article 2 – paragraph 1 – point i a (new)
Article 2 – paragraph 1 – point i a (new)
(i a) "dependent industries" means services employed for the direct provision of air transport services, including services relating to airport facilities, computer reservation systems, air ticket distribution, search services, charges, and the use of other facilities or services employed for the operation of air transport services.
Amendment 118 #
Proposal for a regulation
Article 3 – paragraph 1 – introductory part
Article 3 – paragraph 1 – introductory part
1. An investigation shall be initiated following a written complaint submitted by a Member State, a Union air carrier or an association of Union air carriers in accordance with paragraph 2, or on the Commission's own initiative, if there is prima facie evidencereasonable and fact-based indication of either of the following:
Amendment 133 #
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
2. A complaint shall include prima facie evidencereasonable and fact-based indication of one of the cases referred to in paragraph 1.
Amendment 142 #
Proposal for a regulation
Article 3 – paragraph 4
Article 3 – paragraph 4
4. The Commission may decide not to initiate an investigation where the adoption of measures in accordance with Articles 10 or 13 would be against the Union interest or where the Commission considers that the facts put forward in the complaint neither raise a systemic issue, nor have a significant impact on one or more Union air carriers.
Amendment 144 #
Proposal for a regulation
Article 3 – paragraph 4
Article 3 – paragraph 4
4. The Commission may decide not to initiate an investigation where the adoption of measures in accordance with Articles 10 or 13 would be against the Union interest or where the Commission consicluders that the facts put forward in the complaint neither raise a systemic issue, nor have a significant impact on one or more Union air carriers.
Amendment 147 #
Proposal for a regulation
Article 3 – paragraph 4 a (new)
Article 3 – paragraph 4 a (new)
4 a. The decision not to initiate an investigation in accordance with paragraph 4 shall be accompanied by a statement of reasons thereof and shall be published in the Official Journal of the European Union. The Commission shall further justify its decision before the competent committees of the European Parliament.
Amendment 149 #
5. Where the evidence presented is insufficient for the purposes of paragraph 1, the Commission shall inform the complainant about the insufficiency within 60 days of the date on which the complaint was lodged. The complainant shall be given 360 days to provide additional evidence. Where the complainant fails to do so within that time limit, the Commission may decide not to initiate the investigation.
Amendment 156 #
Proposal for a regulation
Article 3 – paragraph 6
Article 3 – paragraph 6
6. The Commission shall decide on the initiation of an investigation in accordance with paragraph 1 within 63 months of the lodging of the complaint.
Amendment 160 #
Proposal for a regulation
Article 3 – paragraph 7 – point b
Article 3 – paragraph 7 – point b
(b) publish a notice in the Official Journal of the European Union; the notice shall announce the initiation of the investigation, indicate the scope of the investigation, the applicable international obligations that are allegedly violated or the third country or third country entity who has allegedly been engaged in practices affecting competition and the alleged injury or threat of injury, the Union air carrier(s) concerned and state the period within which interested parties may make themselves known, present their views in writing, submit information or may apply to be heard by the Commission. This period shall not be shorter than 30 days.
Amendment 165 #
Proposal for a regulation
Article 3 – paragraph 7 – point d a (new)
Article 3 – paragraph 7 – point d a (new)
(d a) give a statement in front of the competent committees of the European Parliament.
Amendment 171 #
Proposal for a regulation
Article 4 – paragraph 2 – point b
Article 4 – paragraph 2 – point b
(b) whether a practice affecting competition, adopted by a third country or a third country entity, has caused injury or threat of injury to the Union air carrier(s) concerned and to dependent industries.
Amendment 179 #
Proposal for a regulation
Article 4 – paragraph 5
Article 4 – paragraph 5
5. If it appears necessary, the Commission may carry out investigations in the territory of the third country concerned, provided that the government of the third country concerned and the third country entity concerned have been officially notified and have given their consent or other third countries.
Amendment 187 #
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
In cases where access to the necessary information is refused or is otherwise not provided within the appropriate time limits, where a third country concerned did not grant access to its territory to conduct investigations or where the investigation is by other means significantly impeded, findings shall be made on the basis of the available facts and the Commission might take provisional redressive measures. Where the Commission finds that false or misleading information has been submitted, such information shall be disregarded.
Amendment 199 #
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. The proceedinginvestigations shall be concluded within twoone years. That period may be prolonged in duly justified cases.
Amendment 214 #
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. In case of urgency, such as in situations where there is a risk of immediate and irreversible injury to Union air carrier(s), the proceedings may be shortened to one yearsix months.
Amendment 222 #
Proposal for a regulation
Article 9 – paragraph 4
Article 9 – paragraph 4
4. If the violation of applicable international obligations or the practice affecting competition, the injury or the threat of injury to the Union air carrier(s) concerned has not been eliminated following a reasonable period of time, the Commission mayshall resume the proceedings.
Amendment 230 #
Proposal for a regulation
Article 10 – paragraph 2 – subparagraph 1 – introductory part
Article 10 – paragraph 2 – subparagraph 1 – introductory part
The Commission shall, by means of implementingdelegated acts, terminate the investigation conducted under Article 4 without adopting redressive measures in any of the following cases:
Amendment 231 #
Proposal for a regulation
Article 10 – paragraph 2 – subparagraph 2
Article 10 – paragraph 2 – subparagraph 2
Amendment 236 #
Proposal for a regulation
Article 10 – paragraph 3 – subparagraph 1
Article 10 – paragraph 3 – subparagraph 1
Without prejudice to the relevant provisions of the Treaty on the Functioning of the European Union and subject to paragraphs 1 and 2, the Commission shall, by means of implementing acts, adopt provisional or definitive redressive measures if the investigation determines that the applicable international obligations have been violated.
Amendment 238 #
Proposal for a regulation
Article 10 – paragraph 5
Article 10 – paragraph 5
5. The redressive measures referred to in paragraph 3 shall be theany measures provided for by the act containing the applicable international obligations or available or justifiable under relevant rules and principles of public international law.
Amendment 253 #
Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 1 – introductory part
Article 12 – paragraph 2 – subparagraph 1 – introductory part
The Commission shall, by means of implementingdelegated acts, terminate the investigation conducted in accordance with Article 4 without adopting redressive measures where:
Amendment 262 #
Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 2
Article 12 – paragraph 2 – subparagraph 2
Amendment 265 #
Proposal for a regulation
Article 12 – paragraph 3
Article 12 – paragraph 3
3. The decision to terminate the investigation in accordance with paragraph 2 shall be accompanied by a statement of the reasons thereof and shall be published in the Official Journal of the European Union. The Commission shall further justify its decision before the competent committees of the European Parliament.
Amendment 268 #
Proposal for a regulation
Article 13 – paragraph 1 – subparagraph 1
Article 13 – paragraph 1 – subparagraph 1
Without prejudice to Article 12(1) and except in the case referred to in point (b) of Article 12(2) the Commission shall, by means of implementing acts, adopt provisional or definitive redressive measures if the investigation conducted under Article 4 determines that a practice affecting competition, adopted by a third country or a third country entity, has caused injury or threat of injury to the Union air carrier(s) concerned.
Amendment 278 #
(b a) suspension of air traffic rights
Amendment 286 #
Proposal for a regulation
Article 13 – paragraph 5 – indent 1 (new)
Article 13 – paragraph 5 – indent 1 (new)
- Provisional measures may be imposed if a provisional affirmative determination has been made that the non-Community carriers concerned benefit from subsidies or are engaged in unfair pricing practices causing injury to the fair competition between all air carriers and/or that the Union interest calls for intervention to prevent further such injury.
Amendment 288 #
Proposal for a regulation
Article 13 – paragraph 5 – indent 2 (new)
Article 13 – paragraph 5 – indent 2 (new)
- The provisional measures referred to in the first indent of this paragraph shall be imposed for a maximum of six months. That period may be prolonged by an additional six months in justified cases.