Activities of Jacqueline FOSTER related to 2017/0116(COD)
Plenary speeches (1)
Safeguarding competition in air transport (debate)
Shadow reports (1)
REPORT on the proposal for a regulation of the European Parliament and of the Council on safeguarding competition in air transport, repealing Regulation (EC) No 868/2004 PDF (829 KB) DOC (128 KB)
Amendments (42)
Amendment 94 #
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.
Amendment 99 #
Proposal for a regulation
Article 1 a (new)
Article 1 a (new)
Article 1 a Scope 1. This regulation shall apply to air transport services operated, or to be operated, between a Member State and a third country on a non-stop city-pair route. 2. This regulation applies only after dispute settlement procedures contained in air transport or air services agreements to which the Union is a party, or concluded between a Member State and a third country, have been exhausted and the outcome of the dispute settlement procedure has not been put into effect by the third country or third country entity.
Amendment 116 #
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 evidence of actual or potential harm to the consumer and either of the following:
Amendment 125 #
Proposal for a regulation
Article 3 – paragraph 1 – point b – point ii
Article 3 – paragraph 1 – point b – point ii
(ii) injury or threat of injury to one or more Union air carriers;
Amendment 127 #
Proposal for a regulation
Article 3 – paragraph 1 – point b – point iii
Article 3 – paragraph 1 – point b – point iii
(iii) a causal link between the alleged practice and the alleged injury or threat of injury.
Amendment 137 #
Proposal for a regulation
Article 3 – paragraph 3
Article 3 – paragraph 3
3. The Commission shall, as far as possible, examine the accuracy and adequacy of the elements provided in the complaint or at the disposal of the Commission, in order to determine whether there is sufficient evidence to justify the initiation of an investigation in accordance with paragraph 1.
Amendment 143 #
4. The Commission mayshall decide not to proceed with the initiateion of 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 154 #
Proposal for a regulation
Article 3 – paragraph 6
Article 3 – paragraph 6
6. The Commission shall decide onproceed with the initiation of an investigation in accordance with paragraph 1 within 6 months of the lodging of the complaint.
Amendment 158 #
Proposal for a regulation
Article 3 – paragraph 7 – introductory part
Article 3 – paragraph 7 – introductory part
7. Subject to paragraph 4, when the Commission shall, when it considers that there is sufficient evidence to justify initiating an investigation, initiate investigation by means of implementing act. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 15(2). After the adoption of the implementing act, the Commission shall take the following steps:
Amendment 163 #
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.
Amendment 166 #
Proposal for a regulation
Article 3 – paragraph 8
Article 3 – paragraph 8
8. Where the complaint is withdrawn prior to the initiation of the investigation, the complaint is considered not to have been lodged. This is without prejudice to the right of the Commission to proceed with the initiateion of an investigation on its own initiative in accordance with paragraph 1.
Amendment 170 #
Proposal for a regulation
Article 4 – paragraph 2 – introductory part
Article 4 – paragraph 2 – introductory part
2. The investigation shall aim to determine whether there is evidence of actual or potential harm to the consumer and either of the following:
Amendment 178 #
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 183 #
Proposal for a regulation
Article 4 a (new)
Article 4 a (new)
Article 4 a The Commission's decision referred to in Article 3(4) as to whether the adoption of measures in accordance with Articles 10 or 13 would be against the Union's interest shall be based on an assessment of the actual or potential impact on consumers and the impact on the Member State(s) concerned.
Amendment 184 #
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
1. When the Commission intends to proceed with the initiateion of proceedings in accordance with Article 3 and where the air transport services concerned are regulated by an air transport or air services agreement concluded between one or more Member States and a third country and to which the Union is not a party, the Commission shall inform the Member State(s) concerned.
Amendment 189 #
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, or where the investigation is significantly impeded, findings shall be made on the basis of the available factsevidence provided in accordance with Article 3. Where the Commission finds that false or misleading information has been submitted, such information shall be disregarded.
Amendment 191 #
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. The third country, the third country entity and the third air carrier concerned, as well as the complainant and interested parties shall receive disclosure of the essential facts and considerations on the basis of which it is intended to adopt redressive measures, or to terminate proceedings without adopting redressive measures, no later than one month before the Council or the Committee referred to in Article 15 is seized in accordance with Articles 10(2), 10(3), 12(2) or 13(1).
Amendment 197 #
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 casesone year.
Amendment 207 #
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 yeara maximum of six months.
Amendment 216 #
3. The Commission mayshall suspend the proceedings where the third country or the third country entity concerned has taken decisive steps to eliminate, as the case may be:
Amendment 223 #
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 may resume the proceedings.
Amendment 227 #
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. Where the complaint is withdrawn, the Commission mayshall terminate the investigation conducted under Article 4 without adopting redressive measures.
Amendment 232 #
Proposal for a regulation
Article 10 – paragraph 2 – subparagraph 2
Article 10 – paragraph 2 – subparagraph 2
The implementing acts referred to in the first subparagraph shall be adopted in accordance with the advisoryexamination procedure referred to in Article 15(2).
Amendment 235 #
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,uncil may decide to adopt redressive measures if the investigation determines that the applicable international obligations have been violated and such violation has caused injury to one or more Union air carriers.
Amendment 237 #
Proposal for a regulation
Article 10 – paragraph 3 – subparagraph 2
Article 10 – paragraph 3 – subparagraph 2
Amendment 239 #
Proposal for a regulation
Article 11 – paragraph 1 – point a a (new)
Article 11 – paragraph 1 – point a a (new)
(a a) that the Commission has concluded that one of the following is established, and that it gives rise to actual or potential harm to consumers: (i) the existence of a practice affecting competition adopted by a third country or third country entity; (ii) the existence of injury to the Union air carrier(s) concerned; (iii) the existence of a causal link between the injury and the practice considered;
Amendment 242 #
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
Amendment 248 #
Proposal for a regulation
Article 11 – paragraph 4
Article 11 – paragraph 4
4. Injury or threat of injury caused by factors other than the practice affecting competition and which are also negatively affecting the Union air carrier(s) concerned shall not be attributed to the practice under scrutiny.
Amendment 251 #
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. The Commission mayshall terminate the investigation without adopting redressive measures where the complaint is withdrawn.
Amendment 254 #
Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 1 – point a – introductory part
Article 12 – paragraph 2 – subparagraph 1 – point a – introductory part
(a) the Commission concludes that either of the following is not establishednone of the following is established, or that none of the following gives rise to actual or potential harm to consumers:
Amendment 257 #
Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 1 – point a – point iii
Article 12 – paragraph 2 – subparagraph 1 – point a – point iii
(iii) the existence of a causal link between the injury or threat of injury and the practice considered;
Amendment 263 #
Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 2
Article 12 – paragraph 2 – subparagraph 2
Those implementing acts shall be adopted in accordance with the advisoryexamination procedure referred to in Article 15(2).
Amendment 271 #
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 Commissionuncil shall, by means of implementing actsCouncil decision, adopt 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 274 #
Proposal for a regulation
Article 13 – paragraph 1 – subparagraph 2
Article 13 – paragraph 1 – subparagraph 2
Amendment 275 #
Proposal for a regulation
Article 13 – paragraph 2 – point b
Article 13 – paragraph 2 – point b
(b) any measure of equivalent or lesser value, not including slots and traffic rights.
Amendment 282 #
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 of 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.
Amendment 285 #
Proposal for a regulation
Article 13 – paragraph 4 a (new)
Article 13 – paragraph 4 a (new)
4 a. The redressive measures referred to in paragraph 1 shall have regard to the proper functioning of the Union air transport market and shall not result in an undue advantage being given to any air carrier or group of air carriers.
Amendment 291 #
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
1. The redressive measures referred to in Article 13 shall remain in force only as long as, and to the extent that, it is necessary in view of, the persistence of the practice affecting 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 294 #
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 Member State concerned, or of the complainant or upon a reasoned request by the third country or the third country entity concerned.
Amendment 298 #
Proposal for a regulation
Article 14 – paragraph 3
Article 14 – paragraph 3
3. In the course of its review, the Commission shall assess the continued existence of the practice affecting competition, of the injury or threat of injury and of the causal link between the practice and the injury or threat of injury.
Amendment 300 #
Proposal for a regulation
Article 14 – paragraph 4
Article 14 – paragraph 4
4. The Commission shall, by means of implementing acts,uncil shall repeal, amend or maintain, as appropriate, the redressive measures. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 15(2).
Amendment 301 #
Proposal for a regulation
Article 15 – paragraph 2
Article 15 – paragraph 2
2. Where reference is made to this paragraph, Article 45 of Regulation (EU) No 182/2011 shall apply.