|Author (Corporate)||Council of the European Union, European Parliament|
|Series Title||Official Journal of the European Union|
|Series Details||L 123|
Regulation of the European Parliament and of the Council of 17 April 2019 on safeguarding competition in air transport, and repealing Regulation (EC) No 868/2004.
Background and further information:
In the absence of an international framework that sets out the conditions governing competition among air carriers, practices regarding the treatment of air carriers may differ from one country to another and affect competition. While in the European Union (EU) all carriers are granted the same rights and same opportunity of accessing air transport related services, this may not be the case in some third countries where discriminatory practices and subsidies may give unfair competitive advantages to air carriers from those third countries.
Regulation (EC) No 868/2004 was intended to address these issues through unilateral EU action. However, this instrument was never applied, and some of its features made it very unlikely to ever be (concretely) applied. This therefore left the EU without an effective instrument to ensure fair competition between EU air carriers and third country air carriers. The Commission stated in its Communication on an Aviation Strategy for Europe the intention to assess the effectiveness of that Regulation with a view to revising or replacing it with a more effective instrument.
The Commission adopted a legislative proposal on 8 June 2017 as part of the 'Open and Connected Aviation' legislative package. The objective of the proposal was to provide effective legislation in order 'to maintain conditions conducive to a high level of Union connectivity and to ensure fair competition with third countries air carriers'.
The European Parliament's plenary session confirmed its position on this proposal in April 2018. The Council of the European Union adopted its general approach on the draft law on 7 June. Following trilogue negotiations, the co-legislators reached an informal agreement on 20 November. This was formally endorsed by the Parliament on 14 March 2019 and by the Council on 9 April.
|Subject Categories||Mobility and Transport|
|Subject Tags||Air Transport, Competition Law | Policy|
|International Organisations||European Union [EU]|