49 Amendments of Henna VIRKKUNEN related to 2017/0116(COD)
Amendment 28 #
Proposal for a regulation
Recital 3 a (new)
Recital 3 a (new)
(3 a) This Regulation should apply only after the dispute resolution procedures that are contained within air transport or air services agreements to which the Union is a party, or those that have been concluded between a Member State and a third country, have been exhausted.
Amendment 50 #
Proposal for a regulation
Recital 9
Recital 9
(9) 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 affecting competition cause or threaten to cause injury to Union air carriers.
Amendment 58 #
Proposal for a regulation
Recital 13
Recital 13
(13) Where the investigation conducted by the Commission concerns operations covered by an air transport or air services agreement with a third country to which the Union is not a party, it should be ensured that the Commission acts in full knowledge of any proceedings intended or conducted by the Member State concerned under such agreement and pertaining to the situation subject to the Commission’s investigation after dispute settlement procedures foreseen in international agreements have been exhausted and the outcome of the procedures has not been complied with by the third country or third country entity. Member States should therefore be obliged to keep the Commission informed accordingly.
Amendment 66 #
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, notably consumers or undertakings in the Unwhich is based on a thorough assessment, explicitly prioritising the interests of consumers and the Member States, particularly those Member states which might see their connectivity impacted as a result of any such intervention. Proceedings should also be concluded without measures where the requirements for such measures are not, or no longer met.
Amendment 73 #
Proposal for a regulation
Recital 17
Recital 17
(17) Findings in respect of injury or threat of injury to the Union air carrier(s) concerned should reflect a realistic assessment of the situation and should therefore be based on all relevant factors, in particular pertaining to the situation of those carrier(s) and to the general situation of the affected air transport market.
Amendment 75 #
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 affecting competition or the ensuing injury or threat of injury.
Amendment 78 #
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, with the explicit exception of traffic rights and slots, 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 doesMeasures should 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 79 #
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 81 #
Proposal for a regulation
Recital 20
Recital 20
(20) In line with the same principle, redressive measures in respect of practices affecting competition should remain in force only 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.
Amendment 87 #
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.
Amendment 95 #
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 98 #
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 that are currently operated, or will be operated, between a Member State and a third country on a non-stop city-pair route. 2. This Regulation shall apply only after the dispute resolution procedures that are contained within air transport or air services agreements to which the Union is a party, or those that have been concluded between a Member State and a third country, have been exhausted.
Amendment 108 #
Proposal for a regulation
Article 2 – paragraph 1 – point f
Article 2 – paragraph 1 – point f
(f) 'practices affecting competition' means practice by air carrier within the meaning of Article 101 or 102 of the Treaty on the Functioning of the European Union, discrimination and subsidies;
Amendment 110 #
Proposal for a regulation
Article 2 – paragraph 1 – subparagraph 1 (new)
Article 2 – paragraph 1 – subparagraph 1 (new)
For the purpose of this Regulation, a 'Union interest', such as strengthening the internal market, strengthening the connectivity of Member States or increasing competition, shall be determined by the Commission on a case- by-case basis, after consulting the European Parliament and taking into consideration a common view of the majority of Member States and the interests of interested parties;
Amendment 123 #
Proposal for a regulation
Article 3 – paragraph 1 – point b – point i
Article 3 – paragraph 1 – point b – point i
(i) a practice affecdistorting competition, adopted by a third country or a third country entity;
Amendment 126 #
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 128 #
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 134 #
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. The Commission shall seek all complementary evidence which it considers necessary and verify that information with relevant stakeholders, provided that the undertakings or organisations concerned give their consent;
Amendment 135 #
Proposal for a regulation
Article 3 – paragraph 3
Article 3 – paragraph 3
3. The Commission shall, as far as possible, fully examine the accuracy and adequacy of the elements provided in the complaint or at the disposal of the Commission in a timely manner, in order to determine whether there is sufficient evidence to justify the initiation of an investigation in accordance with paragraph 1.
Amendment 139 #
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. When assessing the Union interest the Commission shall consult the European Parliament and give due consideration to the common view of the majority of the Member States and interested parties.
Amendment 145 #
Proposal for a regulation
Article 3 – paragraph 4
Article 3 – paragraph 4
4. The Commission may decide not to shall not 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 157 #
Proposal for a regulation
Article 3 – paragraph 6
Article 3 – paragraph 6
6. The Commission shall decide on thewhether to initiation ofe an investigation in accordance with paragraph 1 within 6 months of the lodging of the complaint.
Amendment 161 #
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 164 #
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 167 #
Proposal for a regulation
Article 3 a (new)
Article 3 a (new)
Article 3 a Determining the Union Interest 1. A determination as to whether the Unions interest calls for an intervention will be based on a thorough appreciation of all of the various interests and affected stakeholders that are relevant and that shall be taken as a whole, explicitly prioritising the interests of consumers and the Member States, particularly those Member states which might see their connectivity impacted as a result of any such intervention. 2. Any test or process to determine the union interest shall constitute a detailed questionnaire for all interests, affected stakeholders, and an economic analysis by the Commission. Elements assessed will include those elements set out in Article 11(1). In such an analysis, the need to eliminate the practices distorting competition or those which violate applicable international obligations shall be given special consideration to ensure consistency with other Union policies in the field of aviation, competition and the environment. 3. 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 and sufficient time to make their views known pursuant to Article 4(6). 4. In determining the Union interest in accordance with paragraph 2, the Commission shall examine the information provided by the interested parties which have made themselves known, have 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. 5. 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 with Article 6, and without prejudice to any subsequent decision taken by the Commission. 6. Information shall be taken into account only where it is supported by actual evidence which substantiates its validity.
Amendment 169 #
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Following the initiation of proceedings and after the dispute settlement procedure foreseen in international agreements has been exhausted and the outcome of the procedure has not been complied with by the third country or third country entity, the Commission shall begin an investigation.
Amendment 173 #
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 175 #
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 190 #
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 196 #
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. The proceedings shall be concluded within two year12 months. That period may be prolonged by an additional 6 months in duly justified cases.
Amendment 209 #
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 onine yearmonths.
Amendment 218 #
Proposal for a regulation
Article 9 – paragraph 3 – introductory part
Article 9 – paragraph 3 – introductory part
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 219 #
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 224 #
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 243 #
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
Amendment 249 #
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 252 #
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 255 #
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 259 #
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 261 #
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 267 #
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, after consultation with the Council and the Parliament, 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 270 #
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), (c) and (d) 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 272 #
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 276 #
(b) any measure of equivalent or lesser value, except slots and traffic rights.
Amendment 281 #
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 284 #
Proposal for a regulation
Article 13 – paragraph 4
Article 13 – paragraph 4
4. The redressive measures referred to in paragraph 1 shall not direct the Union or the Member State(s) concerned to violating air transport, air services agreements or any provision on air transport services included in a trade agreement concluded with the third country concerned.
Amendment 292 #
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 293 #
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 from a relevant Member State, or of the complainant or upon a reasoned request by the third country or the third country entity concerned.
Amendment 296 #
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.