(5)

In order to reflect its temporary character, the application of this Regulation should be limited to a short period of time, without prejudice to the possible negotiation and entry into force of a future agreement covering the provision of air services agreement between the Union and the United Kingdom.

(5)

In order to reflect its temporary character, the application of this Regulation should be limited to a short period of time. By… [please insert the date of entry into force of this Regulation], the Commission should be given a mandate to open negotiations with the United Kingdom on a comprehensive air transport agreement.

(5a)

In order to maintain mutually beneficial levels of connectivity, cooperative marketing arrangements, like code-sharing, should be foreseen for both UK air carriers and EU 27 air carriers in line with the principle of reciprocity.

(6)

In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission as regards the adoption of measures to guarantee a fair degree of reciprocity between the rights unilaterally granted by the Union and the United Kingdom to each other's air carriers, and to ensure that Union carriers can compete with United Kingdom carriers under fair conditions in the provision of air services. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council .

(6)

In order to guarantee a fair degree of reciprocity between the rights unilaterally granted by the Union and the United Kingdom to each other's air carriers, and to ensure that Union carriers can compete with United Kingdom carriers under fair conditions in the provision of air services, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of restoring equivalence or remedying situations of unfair competition by appropriate measures. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making  (1a) . In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.

(a)

it holds a valid operating licence in accordance with Regulation (EC) No 1008/2008 on the day before the first day of application of this Regulation referred to in Article 12(2);

(b)

the United Kingdom or nationals of the United Kingdom, or a combination of both, own less than 50 % of the undertaking;

(c)

Union Member States or nationals of Union Member States, or a combination of both, effectively control the undertaking, whether directly or indirectly through one or more intermediate undertakings; and

(d)

it presents credible plans to change its ownership structure in a shortest possible time to comply with the ownership requirement laid down in point (f) of Article 4 of Regulation (EC) No 1008/2008.

(c)

perform scheduled and non-scheduled international air transport services for passengers, combination of passengers and cargo and all-cargo services between any pair of points of which one is situated in the territory of the United Kingdom and the other one is situated in the territory of the Union;

(c)

perform scheduled and non-scheduled international air transport services, including code-sharing, for passengers, combination of passengers and cargo and all-cargo services between any pair of points of which one is situated in the territory of the United Kingdom and the other one is situated in the territory of the Union;

(a)

adjust the capacity available to UK air carriers within the limit laid down in Article 3(2) and require the Member States to adapt the operating authorisations of UK air carriers, both existing and newly granted, accordingly;

(a)

propose capacity capping for routes between the UK and each Member State and require the Member States to adapt the operating authorisations of UK air carriers, both existing and newly granted, accordingly;

(a)

adjust the capacity available to UK air carriers within the limit laid down in Article 3(2) and require the Member States to adapt the operating authorisations of UK air carriers, both existing and newly granted, accordingly;

(a)

propose capacity capping for routes between the United Kingdom and each Member State and require the Member States to adapt the operating authorisations of UK air carriers, both existing and newly granted, accordingly;

(d)

the application by the United Kingdom of standards in the protection of workers, safety, security or the environment which are inferior to those laid down in Union law or, in the absence of relevant provisions in Union law, inferior to those applied by all Member States or, in any event, inferior to relevant international standards;

(d)

the application by the United Kingdom of standards in the protection of passengers rights , workers, safety, security or the environment which are inferior to those laid down in Union law or, in the absence of relevant provisions in Union law, inferior to those applied by all Member States or, in any event, inferior to relevant international standards;

(a)

the date on which an agreement between the Union and the United Kingdom governing the provision of air transport between them enters into force, or, as the case may be, is provisionally applied; or

(a)

the date on which a comprehensive agreement between the Union and the United Kingdom governing the provision of air transport between them enters into force, or, as the case may be, is provisionally applied; or