Common rules ensuring basic air connectivity with regard to the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the Union

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1 A8-0062/ AMDMTS by the Committee on Transport and Tourism Report Pavel Telička A8-0062/2019 Common rules ensuring basic air connectivity with regard to the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the Union (COM(2018)0893 C8-0510/ /0433(COD)) 1 Recital 5 (5) In order to reflect its temporary character, the application of this Regulation should be limited to a short period of time, without prejudice to the possible negotiation and entry into force of a future agreement covering the provision of air services agreement between the Union and the United Kingdom. (5) In order to reflect its temporary character, the application of this Regulation should be limited to a short period of time. By... [please insert the date of entry into force of this Regulation], the Commission should be given a mandate to open negotiations with the United Kingdom on a comprehensive air transport agreement. 2 Recital 5 a (new) (5a) In order to maintain mutually beneficial levels of connectivity, cooperative marketing arrangements, like PE / 1

2 code-sharing, should be foreseen for both UK air carriers and EU 27 air carriers in line with the principle of reciprocity. 3 Recital 6 (6) In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission as regards the adoption of measures to guarantee a fair degree of reciprocity between the rights unilaterally granted by the Union and the United Kingdom to each other's air carriers, and to ensure that Union carriers can compete with United Kingdom carriers under fair conditions in the provision of air services. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council. (6) In order to guarantee a fair degree of reciprocity between the rights unilaterally granted by the Union and the United Kingdom to each other's air carriers, and to ensure that Union carriers can compete with United Kingdom carriers under fair conditions in the provision of air services, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of restoring equivalence or remedying situations of unfair competition by appropriate measures. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making 1a. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts. 1a OJ L 123, , p. 1. PE / 2

3 4 Article 2 a (new) Article 2a Temporary exemption from ownership requirement 1. The Commission may grant a temporary exemption from the ownership requirement laid down in point (f) of Article 4of Regulation 1008/2008 at the request of an air carrier provided that the air carrier complies with all of the following conditions: (a) it holds a valid operating licence in accordance with Regulation (EC) No 1008/2008 on the day before the first day of application of this Regulation referred to in Article 12(2); (b) the United Kingdom or nationals of the United Kingdom, or a combination of both, own less than 50 % of the undertaking; (c) Union Member States or nationals of Union Member States, or a combination of both, effectively control the undertaking, whether directly or indirectly through one or more intermediate undertakings; and (d) it presents credible plans to change its ownership structure in a shortest possible time to comply with the ownership requirement laid down in point (f) of Article 4 of Regulation 1008/ The exemption referred to in paragraph 1 may be granted for a period not exceeding 30 March 2020 and shall not be renewable. PE / 3

4 5 Article 3 paragraph 1 point c (c) perform scheduled and nonscheduled international air transport services for passengers, combination of passengers and cargo and all-cargo services between any pair of points of which one is situated in the territory of the United Kingdom and the other one is situated in the territory of the Union; (c) perform scheduled and nonscheduled international air transport services, including code-sharing, for passengers, combination of passengers and cargo and all-cargo services between any pair of points of which one is situated in the territory of the United Kingdom and the other one is situated in the territory of the Union; 6 Article 3 paragraph 2 2. Subject to Articles 4 and 5, in the provision of scheduled air transport services pursuant to this Regulation, the total seasonal capacity to be provided by UK air carriers for routes between the United Kingdom and each Member State shall not exceed the total number of frequencies operated by those carriers on those routes during respectively the IATA winter and summer seasons of the year of deleted 7 Article 4 paragraph 2 introductory part 2. Where the Commission determines that the rights granted by the United Kingdom to Union air carriers are not, de jure or de facto, equivalent to those granted to UK air carriers under this Regulation, or 2. Where the Commission determines that the rights granted by the United Kingdom to Union air carriers are not, de jure or de facto, equivalent to those granted to UK air carriers under this Regulation, or PE / 4

5 that those rights are not equally available to all Union carriers, it may, in order to restore equivalence, by means of implementing acts adopted in accordance with the procedure referred to in Article 25(2) of Regulation (EC) No 1008/2008: that those rights are not equally available to all Union carriers, it is empowered, in order to restore equivalence, to adopt delegated acts in accordance with Article 11 a to: 8 Article 4 paragraph 2 point a (a) adjust the capacity available to UK air carriers within the limit laid down in Article 3(2) and require the Member States to adapt the operating authorisations of UK air carriers, both existing and newly granted, accordingly; (a) propose capacity capping for routes between the UK and each Member State and require the Member States to adapt the operating authorisations of UK air carriers, both existing and newly granted, accordingly; 9 Article 5 paragraph 2 introductory part 2. Where it determines that, as a result of any of the situations referred to in paragraph 3 of this Article, the said conditions are appreciably less favourable than those enjoyed by UK air carriers, the Commission may, in order to remedy that situation by means of implementing acts adopted in accordance with the procedure referred to in Article 25(2) of Regulation (EC) No 1008/2008: 2. Where it determines that, as a result of any of the situations referred to in paragraph 3 of this Article, the said conditions are appreciably less favourable than those enjoyed by UK air carriers, the Commission is empowered, in order to remedy that situation, to adopt delegated acts in accordance with Article 11a, to: PE / 5

6 10 Article 5 paragraph 2 point a (a) adjust the capacity available to UK air carriers within the limit laid down in Article 3(2) and require the Member States to adapt the operating authorisations of UK air carriers, both existing and newly granted, accordingly; (a) propose capacity capping for routes between the United Kingdom and each Member State and require the Member States to adapt the operating authorisations of UK air carriers, both existing and newly granted, accordingly; 11 Article 5 paragraph 3 introductory part 3. Implementing acts under paragraph 2 may be adopted to remedy the following situations: 3. The delegated acts referred to in paragraph 2 shall in particular aim to remedy the following situations: 12 Article 5 paragraph 3 point d (d) the application by the United Kingdom of standards in the protection of workers, safety, security or the environment which are inferior to those laid down in Union law or, in the absence of relevant provisions in Union law, inferior to those applied by all Member States or, in any event, inferior to relevant international standards; (d) the application by the United Kingdom of standards in the protection of passengers rights, workers, safety, security or the environment which are inferior to those laid down in Union law or, in the absence of relevant provisions in Union law, inferior to those applied by all Member States or, in any event, inferior to relevant international standards; PE / 6

7 13 Article 8 paragraph 4 4. The Member States shall inform the Commission and the other Member States of any decisions to refuse or revoke the operating authorisation of a UK air carrier pursuant to paragraphs 1 and The Member States shall inform the Commission and the other Member States of any decisions to refuse or revoke the operating authorisation of a UK air carrier pursuant to paragraphs 1 and 2, without undue delay. 14 Article 10 paragraph 1 1. The Member States' competent authorities shall consult and cooperate with the competent authorities of the United Kingdom as necessary in order to ensure the implementation of this Regulation. 1. The Union and the Member States' competent authorities shall consult and cooperate with the competent authorities of the United Kingdom as necessary in order to ensure the implementation of this Regulation. 15 Article 11 Article 11 Committee The Commission shall be assisted by the committee set up in Article 25 of Regulation (EC) No 1008/2008. deleted PE / 7

8 16 Article 11 a (new) Article 11a Exercise of delegation 1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article. 2. The power to adopt delegated acts referred to in Articles 4 and 5 shall be conferred on the Commission for an indeterminate period of time from [date of entry into force of this Regulation]. 3. The delegation of power referred to in Articles 4 and 5 may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force. 4. Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making. 5. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council. 6. A delegated act adopted pursuant to Articles 4 and 5 shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before PE / 8

9 the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council. 17 Article 12 paragraph 4 point a (a) the date on which an agreement between the Union and the United Kingdom governing the provision of air transport between them enters into force, or, as the case may be, is provisionally applied; or (a) the date on which a comprehensive agreement between the Union and the United Kingdom governing the provision of air transport between them enters into force, or, as the case may be, is provisionally applied; or PE / 9