A4-0141/98

Proposal for a Council Regulation amending Regulation (EEC) No 3975/87 laying down the procedure for the application of the rules on competition to undertakings in the air transport sector (COM(97)0218 - C4-0258/97 - 97/0137(CNS))

The proposal was approved with the following amendments:

(Amendment 1)

Recital -1 (new)

>Original text>

>Text following EP vote>

-1. Whereas air transport is very sensitive to safety considerations and a high level of safety therefore has to take priority when Community rules on competition are applied to that sector;

(Amendment 2)

Recital -1a (new)

>Original text>

>Text following EP vote>

-1a. Whereas the Treaty of Amsterdam makes reference in the new Article 7d to be included in the EC Treaty to the notion 'services of general interest¨ as one of the common values of Europe and as a principle of Community law in its own right; whereas air transport services must be considered as services of general interest especially in the outermost regions, where they are vital to guarantee the linkage with the rest of the Community; whereas all developments in this sector must therefore be carefully supervised by the competent public authorities at regional, national and Community level;

(Amendment 3)

Recital 3a (new)

>Original text>

>Text following EP vote>

Whereas the changes now under way and the liberalization of the Community aviation market will entail substantial restructuring and may have adverse effects on employment and travelling costs for small and medium-sized airlines; whereas the importance of the commercial activities and services offered on board and at airports should therefore not be underestimated;

(Amendment 4)

ARTICLE 1(1)

Article 1(2) (Regulation (EEC) No 3975/87)

>Original text>

1. Paragraph 2 of Article 1 shall be deleted.

>Text following EP vote>

1.

Paragraph 2 of Article 1 shall be replaced by the following:

'2. This Regulation shall apply to air transport from or to one or more Community airports.'

(Amendment 5)

ARTICLE 1(1a)(new)

Article 1(2a) (new) (Regulation (EEC) No 3975/87)

>Original text>

>Text following EP vote>

1a. In Article 1 the following new paragraph 2a shall be added:

'2a. The European Parliament shall be consulted on any agreement between the Union and a third country before it is presented to the Council for approval.'

(Amendment 6)

ARTICLE 1(2)

Article 18a (Regulation (EEC) No 3975/87)

>Original text>

Where the application of this Regulation in a particular case is liable to lead to a conflict with provisions laid down by law, regulation or administrative action of a third country or with the provisions of air service agreements between a Member State and a third country, the Commission shall, at the earliest opportunity, hold consultations with the competent authorities of the country concerned.

>Text following EP vote>

1. Where the application of this Regulation in a particular case is liable to lead to a conflict with provisions laid down by law, regulation or administrative action of a third country or with the provisions of air service agreements between a Member State and a third country, the Commission shall, at the earliest opportunity, hold consultations with the competent authorities of the country concerned with a view to reconciling as far as possible the abovementioned interests with the respect of Community law.

(Amendment 7)

ARTICLE 1(2)

Article 18a(2) (new) (Regulation (EEC) No 3975/87)

>Original text>

>Text following EP vote>

2. Where agreements with third countries need to be negotiated, the Commission shall make recommendations to the Council, which shall authorize the Commission to open the necessary negotiations. The Commission shall conduct these negotiations within the framework of such directives as the Council may issue to it.

Legislative resolution embodying Parliament's opinion on the proposal for a Council Regulation amending Regulation (EEC) No 3975/87 laying down the procedure for the application of the rules on competition to undertakings in the air transport sector (COM(97)0218 - C4-0258/97 - 97/0137(CNS)) (Consultation procedure)

The European Parliament,

- having regard to the Commission proposal to the Council, COM(97)0218 - 97/0137(CNS) ((OJ C 165, 31.5.1997, p.13))

- having been consulted by the Council pursuant to Article 87 of the EC Treaty (C4-0258/97),

- having regard to Rule 58 of its Rules of Procedure,

- having regard to the report of the Committee on Transport and Tourism and the opinion of the Committee on Economic and Monetary Affairs and Industrial Policy (A4-0141/98),

1. Approves the Commission proposal, subject to Parliament's amendments;

2. Calls on the Commission to alter its proposal accordingly, pursuant to Article 189a(2) of the EC Treaty;

3. Asks to be consulted again should the Council intend to make substantial modifications to the Commission proposal;

4. Instructs its President to forward this opinion to the Council and Commission.