Opinion of the Commission pursuant to Article 251 (2), third subparagraph, point (c) of the EC Treaty, on the European Parliament's amendments to the Council's common position regarding the proposal for a Regulation of the European Parliament and of the Council concerning protection against subsidisation and unfair pricing practices in the supply of airline services from countries not members of the European Community amending the proposal of the Commission pursuant to Article 250 (2) of the EC Treaty
Date: 2004-04-07
Institutions: European Commission
Subjects: air transport, anti-subsidy proceeding, market protection, restriction on competition, service, third country

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 7.4.2004 
COM(2004) 235 final 

2002/0067 (COD) 

OPINION OF THE COMMISSION 

pursuant to Article 251 (2), third subparagraph, point (c) of the EC Treaty, 
on the European Parliament's amendments 
to the Council's common position regarding the  
proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT  
AND OF THE COUNCIL 

concerning protection against subsidisation and unfair pricing practices in the supply of 
airline services from countries not members of the European Community 

AMENDING THE PROPOSAL OF THE COMMISSION 
pursuant to Article 250 (2) of the EC Treaty 

EN 

   EN 

 
 
 
  
 
 
2002/0067 (COD) 

OPINION OF THE COMMISSION 

pursuant to Article 251 (2), third subparagraph, point (c) of the EC Treaty, 
on the European Parliament's amendments 
to the Council's common position regarding the  
proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT  
AND OF THE COUNCIL 

concerning protection against subsidisation and unfair pricing practices in the supply of 
airline services from countries not members of the European Community 

1. 

INTRODUCTION 

Pursuant  to  point  (c)  of  the  third  subparagraph  of  Article  251(2)  of  the  EC  Treaty,  the 
Commission  delivers  opinions  on  amendments  proposed  by  the  European  Parliament  on 
second  reading.  Below  is  the  Commission’s  opinion  on  the  amendment  proposed  by 
Parliament. 

2. 

BACKGROUND 

–  Date  of  transmission  of  the  proposal  to  the  European  Parliament  and  Council 

(COM(2002)110 final - 2002/0067 (COD)): 13 March 2002 

–  Date  on  which  the  European  Economic  and  Social  Committee  adopted  its  opinion: 

18 September 2002 

–  Date on which the Committee of the Regions adopted its opinion: N/A 

–  Date on which the European Parliament gave its opinion at first reading: 14 January 2003 

–  Date  on  which  the  Commission  adopted  the  amended  proposal  (COM(2003)228  final  – 

2002/0067 COD): 7 May 2003 

–  Date on which the Council adopted the common position: 18 December 2003 

–  Date  on  which  the  Commission  communicated  its  view  on  the  common  position 

(COM(2004)7 final - 2002/0067 (COD)) : 9 January 2004 

–  Date on which the Common Position was received by the European Parliament: 15 January 

2004 

On 11 March 2004, the European Parliament adopted one amendment at second reading. 

2 

 
 
  
 
 
 
3. 

OBJECTIVE OF THE PROPOSAL 

The proposal concerns a draft trade defence instrument for the air transport sector, aimed at 
combating  subsidies  that  have  been  granted  by  third  countries  to  their  own  airline(s)  and 
cause damage to the Community industry. 

The proposal is based on definitions and standards currently in use at multilateral level and by 
the  Community  in  order  to  overcome  distortions  caused  by  certain  subsidies  in  the  trade  in 
goods.  Furthermore,  the  proposal  is  without  prejudice  to  the  consultation  and  conflict-
resolution  mechanisms  provided  for  under  the  bilateral  agreements  among  Member  States; 
recourse  should  be  had  to  the  Community’s  anti-Subsidy  Regulation  only  in  cases  where  a 
satisfactory solution cannot be arrived at through the bilateral agreements. 

4. 

COMMISSION’S OPINION ON THE EUROPEAN PARLIAMENT’S AMENDMENTS 

On  11  March  2004,  the  European  Parliament  adopted  the  sole  proposed  amendment.  The 
Commission can support this amendment. 

Amendments accepted by the Commission 

Amendment 1 amends recital 5 of the draft Regulation in order to ensure consistency between 
the latter and Articles 1(2) and 7(2) thereof concerning the rules for the application of national 
and Community instruments over time.  

5. 

CONCLUSION 

Pursuant to Article 250(2) of the EC Treaty, the Commission amends its proposal as set out 
above. 

3