16 Amendments of Isabella DE MONTE related to 2017/0116(COD)
Amendment 47 #
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, after consulting the European Parliament, the Member States concerned and the relevant stakeholders. 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 59 #
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, having verified that bilateral proceedings have been exhausted and have not led to a positive solution to the problems identified. Member States should therefore be obliged to keep the Commission informed accordingly.
Amendment 85 #
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. This Regulation does not either aim to impose any standards on third country air carriers, for instance with regards to subsidies by introducing more restrictive obligations than those applying to Union carriers.
Amendment 89 #
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 by the Council, 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 toinjury to Union air carriers, in addition to negatively impacting the Union's air carriersonnectivity.
Amendment 100 #
Proposal for a regulation
Article 2 – paragraph 1 – point d
Article 2 – paragraph 1 – point d
(d) 'interested party' means any natural or legal person or any official body, whether or not having its own legal personality, that is likely to have a significant interest in the result of proceedings, including but not limited to air carriers, airport managing bodies, users of the air services concerned and aircraft and parts manufacturers;
Amendment 118 #
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 evidencereasonable and fact-based indication of either of the following:
Amendment 130 #
Proposal for a regulation
Article 3 – paragraph 1 – point b – point iii a (new)
Article 3 – paragraph 1 – point b – point iii a (new)
(iiia) the negative impact on air connectivity of a particular region, of a Member State or a group of Member States, or of the European Common Aviation Area;
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 136 #
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 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 156 #
Proposal for a regulation
Article 3 – paragraph 6
Article 3 – paragraph 6
6. The Commission shall decide on the initiation of an investigation in accordance with paragraph 1 within 63 months of the lodging of the complaint.
Amendment 160 #
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 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 199 #
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. The proceedinginvestigations shall be concluded within twoone years. That period may be prolonged in duly justified cases.
Amendment 214 #
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 yearsix months.
Amendment 266 #
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.