18 Amendments of Miltiadis KYRKOS 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 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 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 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 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 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 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 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 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 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.