Air transport: protection against unfair pricing practices from countries not members of the Community
2002/0067(COD)
The Commission has accepted, subject to redrafting, about half the amendments adopted by the European Parliament as they strengthen or clarify the Commission's text. The amendments accepted include the following:
- provisional measures may be imposed normally no later than six months after the initiation of proceedings;
- preference may be given to duties when it comes to the imposition of redressive measures. Where this is not appropriate, other redressive measures may be considered;
- the criteria for determining whether pricing practices could be deemed unfair include the actual price at which the tickets are proposed for sale, the number of seats proposed etc;
- redressive measures will only be imposed if the totality of factors considered leads to the conclusion that, unless redressive measures are taken, injury will immediately occur;
- the Commission will submit within two years an evaluation of the implementation and the impact of this Regulation;
In addition:
- the Commission proposes nine months for the conclusion of investigations under normal circumstances
The amendments rejected by the Commission include:
- the proposed timeframe for entry into force. This is not realistic since the date of 01/04/03 is passed;
- "significant material" cannot be placed before "injury" since the notion of injury is already defined, and the terms have a precise meaning in Community trade defence instruments;
- the provisions on reimbursement measures.�