2016/0411(COD) | [ParlTrack]

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Awaiting committee decision

2016/0411(COD) Common rules for the operation of air services in the Community: technical adaptation

Role	Committee	Rapporteur	Shadows
Lead	TRAN	ȚAPARDEL Claudia (S&D)	GAHLER Michael (EPP), FOSTER Jacqueline (ECR), BILBAO BARANDICA Izaskun (ALDE), KONEČNÁ Kateřina (GUE/NGL), DALUNDE Jakop (Verts/ALE), PAKSAS Rolandas (EFD), ARNAUTU Marie-Christine (ENF)

Lead committee dossier: TRAN/8/08880
Legal Basis TFEU 100-p2

Subjects

3.20.01 Air transport and air freight

Links

Activites

2017/01/19 Committee referral announced in Parliament, 1st reading/single reading
2016/12/21 Legislative proposal published
- COM(2016)0818 summary
  
  PURPOSE: to ensure the legal consistency between Regulation (EC) No 1008/2008 on common rules for the operation of air services in the Community and an international agreement. PROPOSED ACT: Regulation of the European Parliament and of the Council. ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure and on an equal footing with the Council. BACKGROUND: Article 13 of Regulation 1008/2008 defines the conditions under which lease arrangements of aircraft registered in third countries, especially wet-lease, are allowed. The possibilities are exceptional circumstances, such as a lack of adequate aircraft on the Community market, and they should be strictly limited in time and fulfil safety standards equivalent to the safety rules of Community and national legislation. An Air Transport Agreement (ATA) between the EU and United States was signed in 2007 and amended by a Protocol of 24 June 2010. Accordingly, the ATA foresees an open wet-lease regime between the parties. In order to bring clarity and certainty to the air carriers, the Commission has recommended the Council to authorise it to negotiate a specific wet-lease agreement with the US, aiming at lifting the time restrictions. The present proposal aims to adapt the EU regulation accordingly. CONTENT: the proposal aims to introduce a possibility for derogation from the conditions on wet-leasing set out in Article 13(3)(b) of Regulation (EC) No 1008/2008 through the conclusion of international agreements. This would allow for more flexibility, in so far as the conclusion of such agreements presents economic and social advantages for the EU. The changes proposed add a reference to international agreements to Article 13(3)(b) of the Regulation where conditions to allow wet leasing (extraordinary circumstances, seasonal needs, operational difficulties) are set out. The other provisions of Article 13 (e.g. on safety standards and rights of the competent authority) would remain unchanged.
- DG {'url': 'http://ec.europa.eu/info/departments/mobility-and-transport_en', 'title': 'Mobility and Transport'}, BULC Violeta

Documents

Legislative proposal published: COM(2016)0818

Amendments	Dossier
12	2016/0411(COD) 2018/04/04 TRAN 12 amendments... Amendment 10 # Izaskun BILBAO BARANDICA, Michael GAHLER, Jacqueline FOSTER Proposal for a regulation Article 1 – paragraph 1 Regulation (EC) No 1008/2008 Article 13 – paragraph 3 – point b unless otherwise provided for in an international agreement con~~cluded by the Union~~ wet-lease signed by the Union based on an existing Air Transport Agreement which has been signed before 1 January 2008, one of the following conditions is fulfilled: Amendment 11 # Gabriele PREUSS Proposal for a regulation Article 1 – paragraph 1 unless otherwise provided for in an international wet-lease agreement ~~conclud~~signed by the Union based on an existing Air Transport Agreement which has been signed before 1 January 2008, one of the following conditions is fulfilled: Amendment 12 # Marie-Christine ARNAUTU Proposal for a regulation Article 1 – paragraph 1 Regulation (EC) No 1008/2008 Article 13 – paragraph 3 – point b unless otherwise provided for in an ~~international~~air transport agreement concluded b~~y the Union~~efore 2008 between the Union and its Member States, of the one part, and a third country, of the other part, one of the following conditions is fulfilled Amendment 13 # Rolandas PAKSAS Proposal for a regulation Article 1 – paragraph 1 Regulation (EC) No 1008/2008 Article 13 – paragraph 3 – point b “unless ~~otherwise provided for in an international agreement concluded by the Union,~~ one of the following conditions is fulfilled” Amendment 14 # Merja KYLLÖNEN Proposal for a regulation Article 1 – paragraph 1 a (new) Regulation (EC) No 1008/2008 Article 13 – paragraph 3 – point b – point i 1a. In Article 13, paragraph 3, point b, point (i) is replaced by the following: “(i) the Community air carrier justifies such leasing on the basis of exceptional needs, in which case an approval may be granted for a period of up to seven months that may be renewed once for a further period of up to seven months; An approval may be extended beyond the14-month period after the Community air carrier has demonstrated to the satisfaction of the competent authority that the leasing is necessary to overcome operational difficulties and it is not possible to lease aircraft registered within the Community. The conditions under which a wet-lease agreement is enforced by the competent authority shall not lead to undue restrictions of mobility for Union citizens.” Or. en (http://eur-lex.europa.eu/legal-content/EN/ALL/?uri=celex:32008R1008) Amendment 15 # Rolandas PAKSAS Proposal for a regulation Article 1 – paragraph 1 a (new) Regulation (EC) No 1008/2008 Article 13 – paragraph 3 – point b – point i 1a. Article 13, paragraph 3, point (b), point (i) is replaced by the following: “(i) the Community air carrier justifies such leasing on the basis of exceptional needs, in which case an approval may be granted for a period of up to ~~seven~~36 months ~~that may be renewed once for a further period of up to seven months;~~ ;” Or. en (http://eur-lex.europa.eu/legal- content/EN/TXT/HTML/?uri=CELEX:32008R1008&from=LT) Amendment 4 # Marie-Christine ARNAUTU Proposal for a regulation – The European Parliament rejects the Commission proposal. Amendment 5 # Claudia ȚAPARDEL Proposal for a regulation Recital 7 a (new) (7a) Taking into account that the Commission is currently evaluating Regulation (EC) No 1008/2008 which may lead in due course to a general revision of Regulation (EC) No 1008/2008, including to its provisions on wet lease and their possible impact on workers and consumers, the present amendment should be limited in scope to aligning the Regulation with the international obligations described above. Amendment 6 # Merja KYLLÖNEN Proposal for a regulation Article 1 – paragraph -1 (new) Regulation (EC) No 1008/2008 Article 13 – paragraph 3 – point a -1 In Article 13, paragraph 3, point (a) is replaced by the following: “(a) the Community air carrier demonstrates to the satisfaction of the competent authority that all safety, security, competition and environmental standards equivalent to those imposed by Community or national law are met~~; and (http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32008R1008&from=EN)~~. In addition, the competent authority shall check and ensure that, for aircrew, the social and legal obligations in force in the third country where the wet leasing aircraft is registered are equivalent to those imposed by Community or national law, taking into consideration a balance between those obligations and the protection of the rights and interests of passengers; and” Or. en Amendment 7 # Rolandas PAKSAS Proposal for a regulation Article 1 – paragraph -1 (new) Regulation (EC) No 1008/2008 Article 13 – paragraph 3 – point a -1 In Article 13, paragraph 3, point (a) is replaced by the following: “(a) the Community air carrier demonstrates to the satisfaction of the competent authority that all non- discriminatory, transparent conditions and safety standards equivalent to those imposed by Community or national law are met; and ” Or. en (http://eur-lex.europa.eu/legal- content/EN/TXT/HTML/?uri=CELEX:32008R1008&from=LT) Amendment 8 # Merja KYLLÖNEN Proposal for a regulation Article 1 – paragraph 1 Regulation (EC) No 1008/2008 Article 13 – paragraph 3 – point b unless otherwise provided for in an international ~~agreement concluded by the Union~~wet-lease agreement signed by the Union that includes reciprocal rights and obligations for both parties, and that is based on an existing Air Transport Agreement, which has been signed before 1 January 2008, one of the following conditions is fulfilled: Amendment 9 # Lucy ANDERSON Proposal for a regulation Article 1 – paragraph 1 Regulation (EC) No 1008/2008 Article 13 – paragraph 3 – point b unless otherwise provided for in an international ~~agreement concluded by the Union~~wet-lease agreement signed by the Union that involves reciprocal rights and obligations for the parties and that is based on an existing Air Transport Agreement which has been signed before 1 January 2008, one of the following conditions is fulfilled: source: 618.315

Amendments

Dossier

2016/0411(COD)

2018/04/04 TRAN 12 amendments...

Amendment 10 #

Izaskun BILBAO BARANDICA, Michael GAHLER, Jacqueline FOSTER

Proposal for a regulation
Article 1 – paragraph 1

Regulation (EC) No 1008/2008
Article 13 – paragraph 3 – point b

unless otherwise provided for in an international agreement con~~cluded by the Union~~ wet-lease signed by the Union based on an existing Air Transport Agreement which has been signed before 1 January 2008, one of the following conditions is fulfilled:

Amendment 11 #

Gabriele PREUSS

Proposal for a regulation
Article 1 – paragraph 1

unless otherwise provided for in an international wet-lease agreement ~~conclud~~signed by the Union based on an existing Air Transport Agreement which has been signed before 1 January 2008, one of the following conditions is fulfilled:

Amendment 12 #

Marie-Christine ARNAUTU

Proposal for a regulation
Article 1 – paragraph 1

Regulation (EC) No 1008/2008
Article 13 – paragraph 3 – point b

unless otherwise provided for in an ~~international~~air transport agreement concluded b~~y the Union~~efore 2008 between the Union and its Member States, of the one part, and a third country, of the other part, one of the following conditions is fulfilled

Amendment 13 #

Rolandas PAKSAS

Proposal for a regulation
Article 1 – paragraph 1

Regulation (EC) No 1008/2008
Article 13 – paragraph 3 – point b

“unless ~~otherwise provided for in an international agreement concluded by the Union,~~ one of the following conditions is fulfilled”

Amendment 14 #

Merja KYLLÖNEN

Proposal for a regulation
Article 1 – paragraph 1 a (new)

Regulation (EC) No 1008/2008
Article 13 – paragraph 3 – point b – point i

1a. In Article 13, paragraph 3, point b, point (i) is replaced by the following: “(i) the Community air carrier justifies such leasing on the basis of exceptional needs, in which case an approval may be granted for a period of up to seven months that may be renewed once for a further period of up to seven months; An approval may be extended beyond the14-month period after the Community air carrier has demonstrated to the satisfaction of the competent authority that the leasing is necessary to overcome operational difficulties and it is not possible to lease aircraft registered within the Community. The conditions under which a wet-lease agreement is enforced by the competent authority shall not lead to undue restrictions of mobility for Union citizens.” Or. en (http://eur-lex.europa.eu/legal-content/EN/ALL/?uri=celex:32008R1008)

Amendment 15 #

Rolandas PAKSAS

Proposal for a regulation
Article 1 – paragraph 1 a (new)

Regulation (EC) No 1008/2008
Article 13 – paragraph 3 – point b – point i

1a. Article 13, paragraph 3, point (b), point (i) is replaced by the following: “(i) the Community air carrier justifies such leasing on the basis of exceptional needs, in which case an approval may be granted for a period of up to ~~seven~~36 months ~~that may be renewed once for a further period of up to seven months;~~ ;” Or. en (http://eur-lex.europa.eu/legal- content/EN/TXT/HTML/?uri=CELEX:32008R1008&from=LT)

Amendment 4 #

Marie-Christine ARNAUTU

Proposal for a regulation
–

The European Parliament rejects the Commission proposal.

Amendment 5 #

Claudia ȚAPARDEL

Proposal for a regulation
Recital 7 a (new)

(7a) Taking into account that the Commission is currently evaluating Regulation (EC) No 1008/2008 which may lead in due course to a general revision of Regulation (EC) No 1008/2008, including to its provisions on wet lease and their possible impact on workers and consumers, the present amendment should be limited in scope to aligning the Regulation with the international obligations described above.

Amendment 6 #

Merja KYLLÖNEN

Proposal for a regulation
Article 1 – paragraph -1 (new)

Regulation (EC) No 1008/2008
Article 13 – paragraph 3 – point a

-1 In Article 13, paragraph 3, point (a) is replaced by the following: “(a) the Community air carrier demonstrates to the satisfaction of the competent authority that all safety, security, competition and environmental standards equivalent to those imposed by Community or national law are met~~; and (http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32008R1008&from=EN)~~. In addition, the competent authority shall check and ensure that, for aircrew, the social and legal obligations in force in the third country where the wet leasing aircraft is registered are equivalent to those imposed by Community or national law, taking into consideration a balance between those obligations and the protection of the rights and interests of passengers; and” Or. en

Amendment 7 #

Rolandas PAKSAS

Proposal for a regulation
Article 1 – paragraph -1 (new)

Regulation (EC) No 1008/2008
Article 13 – paragraph 3 – point a

-1 In Article 13, paragraph 3, point (a) is replaced by the following: “(a) the Community air carrier demonstrates to the satisfaction of the competent authority that all non- discriminatory, transparent conditions and safety standards equivalent to those imposed by Community or national law are met; and ” Or. en (http://eur-lex.europa.eu/legal- content/EN/TXT/HTML/?uri=CELEX:32008R1008&from=LT)

Amendment 8 #

Merja KYLLÖNEN

Proposal for a regulation
Article 1 – paragraph 1

Regulation (EC) No 1008/2008
Article 13 – paragraph 3 – point b

unless otherwise provided for in an international ~~agreement concluded by the Union~~wet-lease agreement signed by the Union that includes reciprocal rights and obligations for both parties, and that is based on an existing Air Transport Agreement, which has been signed before 1 January 2008, one of the following conditions is fulfilled:

Amendment 9 #

Lucy ANDERSON

Proposal for a regulation
Article 1 – paragraph 1

Regulation (EC) No 1008/2008
Article 13 – paragraph 3 – point b

unless otherwise provided for in an international ~~agreement concluded by the Union~~wet-lease agreement signed by the Union that involves reciprocal rights and obligations for the parties and that is based on an existing Air Transport Agreement which has been signed before 1 January 2008, one of the following conditions is fulfilled:

source: 618.315

History

(these mark the time of scraping, not the official date of the change)

2018-09-12Show (4) Changes | Timetravel

activities/2	date 2018-04-25T00:00:00 body EP type Vote in committee, 1st reading/single reading committees body: EP shadows: group: EPP name: GAHLER Michael group: ECR name: FOSTER Jacqueline group: ALDE name: BILBAO BARANDICA Izaskun group: GUE/NGL name: KONEČNÁ Kateřina group: Verts/ALE name: DALUNDE Jakop group: EFD name: PAKSAS Rolandas group: ENF name: ARNAUTU Marie-Christine responsible: True committee: TRAN date: 2017-03-27T00:00:00 committee_full: Transport and Tourism rapporteur: group: S&D name: ȚAPARDEL Claudia
activities/3	body EP docs url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A8-2018-0150&language=EN type: Committee report tabled for plenary, 1st reading/single reading title: A8-0150/2018 type Committee report tabled for plenary, 1st reading/single reading committees body: EP shadows: group: EPP name: GAHLER Michael group: ECR name: FOSTER Jacqueline group: ALDE name: BILBAO BARANDICA Izaskun group: GUE/NGL name: KONEČNÁ Kateřina group: Verts/ALE name: DALUNDE Jakop group: EFD name: PAKSAS Rolandas group: ENF name: ARNAUTU Marie-Christine responsible: True committee: TRAN date: 2017-03-27T00:00:00 committee_full: Transport and Tourism rapporteur: group: S&D name: ȚAPARDEL Claudia date 2018-04-27T00:00:00
activities/4	date 2018-05-24T00:00:00 body unknown type Committee decision to open interinstitutional negotiations with report adopted in committee
procedure/stage_reached	Old Awaiting committee decision New Awaiting Parliament 1st reading / single reading / budget 1st stage

2017-09-03Show (2) Changes | Timetravel

activities/0/commission/0	DG url: http://ec.europa.eu/info/departments/mobility-and-transport_en title: Mobility and Transport Commissioner BULC Violeta
other/0	body EC dg url: http://ec.europa.eu/info/departments/mobility-and-transport_en title: Mobility and Transport commissioner BULC Violeta

2017-06-28Show (2) Changes | Timetravel

activities/1/committees/0/shadows/5	group EFD name PAKSAS Rolandas
committees/0/shadows/5	group EFD name PAKSAS Rolandas

2017-06-25Show (2) Changes | Timetravel

activities/1/committees/0/shadows/3	group GUE/NGL name KONEČNÁ Kateřina
committees/0/shadows/3	group GUE/NGL name KONEČNÁ Kateřina

2017-06-01Show (2) Changes | Timetravel

activities/1/committees/0/shadows/4	group ENF name ARNAUTU Marie-Christine
committees/0/shadows/4	group ENF name ARNAUTU Marie-Christine

2017-05-07Show (2) Changes | Timetravel

activities/1/committees/0/shadows/2	group ALDE name BILBAO BARANDICA Izaskun
committees/0/shadows/2	group ALDE name BILBAO BARANDICA Izaskun

2017-04-21Show (8) Changes | Timetravel

activities/1/committees/0/date	2017-03-27T00:00:00
activities/1/committees/0/rapporteur	group: S&D name: ȚAPARDEL Claudia
activities/1/committees/0/shadows/1	group ECR name FOSTER Jacqueline
activities/1/committees/0/shadows/2	group Verts/ALE name DALUNDE Jakop
committees/0/date	2017-03-27T00:00:00
committees/0/rapporteur	group: S&D name: ȚAPARDEL Claudia
committees/0/shadows/1	group ECR name FOSTER Jacqueline
committees/0/shadows/2	group Verts/ALE name DALUNDE Jakop

2017-03-22Show (2) Changes | Timetravel

activities/1/committees/0/shadows	group: EPP name: GAHLER Michael
committees/0/shadows	group: EPP name: GAHLER Michael

2017-03-20Show (1) Changes | Timetravel

procedure/Mandatory consultation of other institutions

Old

Economic and Social Committee Committee of the Regions

New

European Economic and Social Committee European Committee of the Regions

2017-03-13Show (1) Changes | Timetravel

activities/0/docs/0/celexid

CELEX:52016PC0818:EN

2017-03-12Show (1) Changes | Timetravel

activities/0/docs/0/celexid

CELEX:52016PC0818:EN

2017-02-16Show (1) Changes | Timetravel

activities/0/docs/0/text

PURPOSE: to ensure the legal consistency between Regulation (EC) No 1008/2008 on common rules for the operation of air services in the Community and an international agreement.

PROPOSED ACT: Regulation of the European Parliament and of the Council.

ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure and on an equal footing with the Council.

BACKGROUND: Article 13 of Regulation 1008/2008 defines the conditions under which lease arrangements of aircraft registered in third countries, especially wet-lease, are allowed. The possibilities are exceptional circumstances, such as a lack of adequate aircraft on the Community market, and they should be strictly limited in time and fulfil safety standards equivalent to the safety rules of Community and national legislation.

An Air Transport Agreement (ATA) between the EU and United States was signed in 2007 and amended by a Protocol of 24 June 2010. Accordingly, the ATA foresees an open wet-lease regime between the parties.

In order to bring clarity and certainty to the air carriers, the Commission has recommended the Council to authorise it to negotiate a specific wet-lease agreement with the US, aiming at lifting the time restrictions.

The present proposal aims to adapt the EU regulation accordingly.

CONTENT: the proposal aims to introduce a possibility for derogation from the conditions on wet-leasing set out in Article 13(3)(b) of Regulation (EC) No 1008/2008 through the conclusion of international agreements.

This would allow for more flexibility, in so far as the conclusion of such agreements presents economic and social advantages for the EU.

The changes proposed add a reference to international agreements to Article 13(3)(b) of the Regulation where conditions to allow wet leasing (extraordinary circumstances, seasonal needs, operational difficulties) are set out.

The other provisions of Article 13 (e.g. on safety standards and rights of the competent authority) would remain unchanged.

2017-01-22Show (3) Changes | Timetravel

activities/1	date 2017-01-19T00:00:00 body EP type Committee referral announced in Parliament, 1st reading/single reading committees body: EP responsible: True committee_full: Transport and Tourism committee: TRAN
procedure/dossier_of_the_committee	TRAN/8/08880
procedure/stage_reached	Old Preparatory phase in Parliament New Awaiting committee decision

2017-01-19Show (1) Changes | Timetravel

procedure/Mandatory consultation of other institutions

Economic and Social Committee Committee of the Regions

2017-01-17Show (5) Changes

activities	date: 2016-12-21T00:00:00 docs: url: http://www.europarl.europa.eu/RegData/docs_autres_institutions/commission_europeenne/com/2016/0818/COM_COM(2016)0818_EN.pdf title: COM(2016)0818 type: Legislative proposal published celexid: CELEX:52016PC0818:EN body: EC type: Legislative proposal published commission:
committees	body: EP responsible: True committee_full: Transport and Tourism committee: TRAN
links
other
procedure	reference 2016/0411(COD) subtype Legislation legal_basis Treaty on the Functioning of the EU TFEU 100-p2 stage_reached Preparatory phase in Parliament summary Amending Regulation (EC) No 1008/2008 instrument Regulation title Common rules for the operation of air services in the Community: technical adaptation type COD - Ordinary legislative procedure (ex-codecision procedure) subject 3.20.01 Air transport and air freight

Activites

Documents

History

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