Consultation on a Proposal for a Regulation on safeguarding competition in air transport

NOTICE OF A STAKEHOLDER CONSULTATION ON A PROPOSAL FOR A REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL ON SAFEGUARDING COMPETITION IN AIR TRANSPORT, REPEALING REGULATION (EC) NO 868/2004

On the 8 June 2017 as part of its Aviation Strategy for Europe the European Commission adopted a series of measures to further support open and connected aviation markets in the European Union and beyond. The press release and details of the package of proposals are available here.

This consultation relates only to the one legislative proposal contained within the package; a Proposal for a Regulation of the European Parliament and of the Council on Safeguarding Competition in Air Transport, repealing Regulation (EC) No 868/2004. The text of the proposal can be found here with an impact assessment here and executive summary of the impact assessment here.

The proposal is the product of a lengthy development process within the Commission. The Commission consulted with stakeholders on a "proposal for improved protection against subsidisation and unfair pricing practices" from 29 October 2013 to 21 January 2014. A further consultation took place in the context of the public consultation for the preparation of the Aviation Strategy for Europe, which took place between 19 March and 10 June 2015.

As stated above, the European Commission, in the context of the wider aviation strategy has recently put forward its proposed new Regulation on Safeguarding Competition in Air Transport. The proposal is now subject to the co-decision procedure by the Council of Ministers and European Parliament.

The proposal has also been sent to the Oireachtas for scrutiny, the information note submitted on the proposal can be accessed on the Oireachtas library here. In essence, the proposal developed by the Commission involves a number of revisions relating to provisions for the initiation of proceedings, the investigation process, arrangements for cooperation with Member States, determination of injury and redressive actions.

To assist the Department’s consideration of the proposal, we are conducting a five week consultation process. The Department is open to receiving further submissions regarding the proposal as it progresses through the legislative process over the coming months.

All parties are invited to provide their views to the Department as part of this process. The consultation is being brought directly to the attention of a range of Irish stakeholders with an interest in the aviation sector.

It would be helpful for respondents to set out the reasons for views expressed and to provide evidence that may be relevant.

The EU Council Aviation Working Group will begin consideration of the proposal during the current Estonian Presidency beginning in September 2017. The European Parliament has appointed Markus Pieper as Rapporteur for the proposal.

If you would like to make a consultation submission, please do so by sending a submission to AviationServices@dttas.ie with “868/2004 Consultation” included in the subject line, by Friday the 1st of September.

Attention is drawn to the fact that information provided to the Department may be disclosed in response to a request under the Freedom of Information Act 2014. Therefore, should it be considered than any information provided is commercially sensitive, please identify same, and specify the reason for its sensitivity.

If you have any queries, please contact: