During a fourth inter-institutional negotiation meeting on Tuesday 20 November, representatives of the European Parliament and the Austrian Presidency of the Council of the European Union reached an agreement on revision of Regulation (868/2004) to combat unfair competition from third-country airlines.
"The US and China should know that European airlines can no longer be taken advantage of in commercial disputes", said Markus Pieper (EPP, Germany) at the end of the trilogue. "The success of aviation in the EU is based on open and connected aviation markets. Today's agreement will help to reinforce that, and also ensure that Europe remains a leader in international aviation", said Commissioner for Transport, Violeta Bulc.
It should be remembered that this agreement echoes the Commission's proposal of June 2017 to revise the text currently submitted (see EUROPE 11804). The institution wanted to strengthen the tools available to the EU to deal with unfair competition from companies from third countries.
Three trilogue meetings had been held in June, September and October and had brought the positions of the co-legislators closer together (see EUROPE 12051, 12103, 12120). But some essential points remained outstanding.
Thus, the 'threat of injury' resulting from an anti-competitive practice, for which a strict definition has been agreed, may effectively justify the Commission adopting measures. But these measures will only take effect if the injury is proven.
A procedure for adopting emergency measures, to be linked to this previous point, has also been agreed by both institutions.
Article 10 of the Commission's proposal on the adoption of measures for violation of international obligations is deleted. The preamble does, however, provide for action to be taken for breach of international agreements. But States will be able to request suspension of the Commission's investigation for nine months so that they can negotiate with the third country entity.
The measures that can be taken will be of a financial or operational nature (e.g. restrictions on flight rights), with application of a principle of reciprocity to a certain degree. Traffic rights may not be suspended, however. And these will be implementing acts, including an examination procedure, which will be adopted by the Commission.
The final text must now be approved by both the European Parliament and the EU Council. (Original version in French by Lucas Tripoteau)