19 Amendments of Matthijs van MILTENBURG related to 2017/0116(COD)
Amendment 29 #
Proposal for a regulation
Recital 5
Recital 5
(5) However, in spite of continued efforts by the Union and some third countries and the Union, principles of fair competition have not yet been defined through specific multilateral rules, notably in the context of the ICAO nor of World Trade Organization ('WTO') agreements, from the scope of which air transport services have largely been excluded19 . _________________ 19 Marrakech Agreement, Annex 1B General Agreement on Trade in Services (GATS), Annex on Air Transport Services.
Amendment 32 #
Proposal for a regulation
Recital 7
Recital 7
(7) Fair competition between air carriers should 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 without delay.
Amendment 43 #
Proposal for a regulation
Recital 9
Recital 9
(9) ECompetitiveness of the Union aviation sector can only be maintained through a complementary set of policies. Union air carriers should be encouraged to innovate and the Union should engage in constructive dialogue with third countries and guarantee the basis for fair competition. In this respect, effective, proportionate and dissuasive legislation remains necessary in order to maintain conditions conducive to a high level of Union connectivity and to ensure fair competition with third countries air carriers. To that end, the Commission should be entrusted with the power to conduct an investigation and to take measures where necessary. Such measures should be available either where relevant obligations under an agreement to which the Union is a party are violated, or where practices affecdistorting competition cause or threaten to cause injury to Union air carriers.
Amendment 54 #
Proposal for a regulation
Recital 10 a (new)
Recital 10 a (new)
(10 a) Air agreements and this Regulation should be complementary and facilitate dialogue with the third country concerned in order to efficiently resolve disputes and restore fair competition. Neither the existence of a fair competition clause in the agreement, nor on-going negotiations on the basis of this clause should preclude the right of the Commission to initiate an investigation. Wherever a satisfactory agreement has been found between the Union and the third country concerned, the Commission should terminate the proceedings without adopting redressive measures.
Amendment 57 #
Proposal for a regulation
Recital 12
Recital 12
(12) It is important to ensure that the investigation can extend to the widest possible range of pertinent elements. To this effect, and subject to the consent ofin cooperation with the third country and third country entity concerned, the Commission should be enabled to carry out investigations in third countries. For the same reasons and to the same end, Member States should be obliged to support the Commission to the best of their abilities. The Commission should conclude the investigation on the basis of best available evidence.
Amendment 70 #
Proposal for a regulation
Recital 15 a (new)
Recital 15 a (new)
(15 a) When determining whether or not the Union interest calls for intervention, the Commission should take into account the views of all interested parties. In order to organise such consultations and to give an opportunity to all interested parties to be heard, time-limits for providing information or for requesting a hearing should be specified in the notice of initiation of the investigation. Interested parties should be aware of the conditions of disclosure for the information they provide and should be entitled to respond to other parties’ comments.
Amendment 74 #
Proposal for a regulation
Recital 18
Recital 18
(18) For reasons of administrative efficiency and in view of a possible termination without measures, it should be possible to suspend the proceedings where the third country or third country entity concerned has taken decisive steps to eliminate the relevant practice affecdistorting competition or the ensuing injury or threat of injury. (Replacing ˝practice affecting competition˝ by ˝practice distorting competition˝ applies throughout the text.)
Amendment 76 #
Proposal for a regulation
Recital 19
Recital 19
(19) Redressive measures in respect of practices affecdistorting competition are aimed at offsetting the injury that occurs ordue to those practices or at preventing the injury that is threatening 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 identifiedidentified or to prevent the threat of injury identified from developing into an actual injury.
Amendment 80 #
Proposal for a regulation
Recital 20
Recital 20
(20) In line with the same principle, redressive measures in respect of practices affecdistorting competition should remainbe in force only from, as long as, and to the extent that, it is necessary in view of such practice and the ensuing injury or threat of injury. Consequently, a review should be provided for where circumstances so warrant. In order to ensure constructive and continuous dialogue between the Union and third countries, the third country or third country entity concerned should have the opportunity to request the Commission to proceed to a review. Interested parties should also have the possibility to request a review when they consider redressive measures are no longer in the Union interest. The Commission should decide whether or not to actually conduct a review.
Amendment 84 #
Proposal for a regulation
Recital 22 a (new)
Recital 22 a (new)
(22 a) The Commission should inform the European Parliament and the Council on the implementation of this Regulation on an annual basis. This report should include information about the application of redressive measures, the termination of investigations without redressive measures, investigations, reviews and cooperation with Member States, interested parties and third countries. This report should be treated with the appropriate level of confidentiality.
Amendment 115 #
Proposal for a regulation
Article 2 a (new)
Article 2 a (new)
Amendment 176 #
Proposal for a regulation
Article 4 – paragraph 3
Article 4 – paragraph 3
3. The Commission mayshall seek all the information it deems necessary to conduct the investigation and mayshall verify the accuracy of the information it has received or collected with the Union air carrier(s) concerned, or with the third country or third country entity concerned.
Amendment 192 #
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. The proceedings shall be concluded within two years. That period may be prolonged in duly justified caseinvestigation shall be concluded within one year and the entire proceedings shall be concluded within a maximum of eighteen months. The investigation period may be prolonged for another six months in duly justified cases and the entire proceedings shall be concluded within a maximum of two years.
Amendment 244 #
Proposal for a regulation
Article 11 – paragraph 2 – introductory part
Article 11 – paragraph 2 – introductory part
2. A finding of a threat of injury requires that it be clearly foreseeable and imminent that a particular situation is likely to develop into actual injury. Any such determination shall be based on evidence and take account of all relevant factors, in particular:
Amendment 246 #
Proposal for a regulation
Article 11 – paragraph 2 – subparagraph 1 (new)
Article 11 – paragraph 2 – subparagraph 1 (new)
The totality of the factors considered shall be such as to lead to the conclusion that the foreseeable evolution is imminent and that, unless protective action is taken, actual injury will occur. In the event where the situation under scrutiny develops into an actual injury before the end of the proceeding, the Commission shall proceed in accordance with paragraph 1 and take into account the newest evidence at its disposal.
Amendment 279 #
Proposal for a regulation
Article 13 – paragraph 3
Article 13 – paragraph 3
3. The redressive measures referred to in paragraph 1 shall not exceed what is necessary to offset the injury or threat ofto the Union air carrier(s) concerned or to prevent the threat of injury from developing into an actual injury to the Union air carrier(s) concerned. To this effect measures referred to in point (b) of paragraph 2 may be limited to a specific geographic area or may be limited in time.
Amendment 289 #
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
1. The redressive measures referred to in Article 13 shall remainbe in force only from, as long as, and to the extent that, it is necessary in view of, the persistence of the practice affecdistorting competition and the ensuing injury or threat of injury. To this end, the review procedure set out in paragraphs 2, 3 and 4 shall apply.
Amendment 295 #
Proposal for a regulation
Article 14 – paragraph 2
Article 14 – paragraph 2
2. Where circumstances so warrant, the need for the continued imposition of redressive measures in their initial form may be reviewed, either on the initiative of the Commission or of the complainant or upon a reasoned request by the third country or the third country entity concerned or an interested party.
Amendment 302 #
Proposal for a regulation
Article 15 a (new)
Article 15 a (new)
Article 15 a Report 1. The Commission shall, with due regard to the protection of confidential information within the meaning of Article 6, present an annual report on the application and implementation of this Regulation to the European Parliament and to the Council. Where relevant, the report shall include information about the application of redressive measures, the termination of investigations without redressive measures, investigations, reviews and cooperation with Member States, interested parties and third countries. 2. The European Parliament may, within one month of the Commission presenting the report, invite the Commission to an ad hoc meeting of its responsible committee to present and explain any issues related to the implementation of this Regulation. 3. No later than six months after presenting the report to the European Parliament and to the Council, the Commission shall make the report public.