23 Amendments of Tomasz Piotr PORĘBA related to 2017/0116(COD)
Amendment 93 #
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 97 #
Proposal for a regulation
Article 1 a (new)
Article 1 a (new)
Article 1 a Scope This Regulation shall apply in case of: a) violation of applicable international obligations between the Union and a third country and; b) practices affecting competition between Union air carriers and third country air carriers. 2. This Regulation applies without prejudice to Article 12 of Regulation (EEC) No 95/93and Article 20 of Directive 96/67/EC. 3. This Regulation applies only after dispute settlement procedures contained in air transport or air services agreement to which the Union is a party, or concluded between a Member State and a third country, has 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 124 #
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 129 #
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 141 #
Proposal for a regulation
Article 3 – paragraph 4
Article 3 – paragraph 4
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 162 #
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 172 #
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.
Amendment 182 #
Proposal for a regulation
Article 4 a (new)
Article 4 a (new)
Article 4 a Union Interest A determination as to whether the Union´s interest calls for intervention shall be based on an appreciation of all the various interests that are relevant in the particular situation and taken as a whole, including notably the interests of consumers and of Member States, in particular those Member States whose connectivity may be impacted. In such an examination, the need to eliminate the practices affecting competition or the violation of applicable international obligations shall be given special consideration. 2. A determination pursuant to this Article in application of Articles 10 and 12 shall only be made where interested parties have been given the opportunity to make their views known pursuant to Article 4(6). 3. In determining the Union interest in accordance with paragraph 1, the Commission shall examine the information provided by the interested parties which have made themselves known, presented their views in writing, submitted information, or applied to be heard by the Commission in accordance with point (b), paragraph 7 of Article 3. 4. The interested parties which have made themselves known, presented their views in writing, submitted information, or applied to be heard by the Commission in accordance with point (b), paragraph 7 of Article 3 may request that the fact and considerations on which decisions are likely to be taken be made available to them. Such information shall be made available to the extent possible and in accordance to Article 6, and without prejudice to any subsequent decision taken by the Commission. 5. Information shall be taken into account only where it is supported by actual evidence which substantiates its validity
Amendment 202 #
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 220 #
Proposal for a regulation
Article 9 – paragraph 3 – point b
Article 9 – paragraph 3 – point b
(b) in case of practice affecting competition, either that practice or the injury or threat of injury to the Union air carrier(s) concerned.
Amendment 225 #
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 234 #
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 the one or more Union air carriers.
Amendment 241 #
Amendment 247 #
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 256 #
Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 1 – point a – point ii
Article 12 – paragraph 2 – subparagraph 1 – point a – point ii
(ii) the existence of injury or threat of injury to the Union air carrier(s) concerned;
Amendment 258 #
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 260 #
Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 1 – point d
Article 12 – paragraph 2 – subparagraph 1 – point d
(d) the third country or third country entity concerned has eliminated the injury or threat of injury to the Union air carrier(s) concerned.
Amendment 269 #
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 273 #
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 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 280 #
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 283 #
Proposal for a regulation
Article 13 – paragraph 3 a (new)
Article 13 – paragraph 3 a (new)
3 a. The redressive measures referred to in point (b) of paragraph 2 shall not consist of suspension or limitation of any rights granted by a Member State to a third country under an air transport, an air service agreement or any provision on air transport services included in a trade agreement concluded with that third country.
Amendment 290 #
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 297 #
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.