BETA

50 Amendments of Sophie MONTEL related to 2015/0277(COD)

Proposal for a regulation
Recital 1

(1) A high and uniform level of civil aviation safety and environmental protection should be ensured at all times through the adoption of common safety rules and by measures ensuring that any goods, persons and organisations involved in civil aviation activity in the Union comply with such rules and with those adopted to protect the environment and that personal privacy is respected at all times.

2016/05/27
Committee: BUDG

Proposal for a regulation
Recital 6

(6) Member States should be allowed to exempt from the provisions of this Regulation aerodromes with low volumes of traffic, ~~subject to a prior authorisation by the Commission,~~ provided that the aerodromes concerned nevertheless meet the minimum common safety objectives laid down in the relevant essential requirements. When a Member State grants such exemptions, those exemptions should also apply to the equipment used at the aerodrome concerned and to the providers of ground handling and apron management services operating at the exempted aerodromes. Exemptions granted by Member States to aerodromes before the entry into force of this Regulation should remain valid, while it should be ensured that information about these exemptions is made available to the public.

2016/05/27
Committee: BUDG

Proposal for a regulation
Recital 7

(7) Member States may consider it preferable, notably with a view to achieving safety, interoperability or efficiency gains, to apply the provisions of this Regulation, instead of their national law, to state aircraft and air traffic management ('ATM') and air navigation services ('ANS') provided by the military. They should be allowed to do so. ~~The Commission should be given the necessary implementing powers to decide on such requests.~~ Member States making use of this possibility should cooperate with the European Union Aviation Safety Agency (hereinafter 'the Agency'), in particular by providing all the information necessary for confirming that the aircraft and activities concerned comply with the relevant provisions of this Regulation.

2016/05/27
Committee: BUDG

Proposal for a regulation
Recital 14

~~(14) The Union should also lay down essential requirements for the safe provision of ground handling services.~~deleted

2016/05/27
Committee: BUDG

Proposal for a regulation
Recital 15

(15) In view of the increasing reliance of civil aviation on modern information and communication technologies essential requirements should be laid down to ensure the security and confidentiality of information used by the civil aviation sector.

2016/05/27
Committee: BUDG

Proposal for a regulation
Recital 21

(21) In order to achieve the objectives of this Regulation, ~~the Commission,~~ the Agency and the competent authorities of the Member States should, by sharing resources and working jointly, act as a single European aviation safety system.

2016/05/27
Committee: BUDG

Proposal for a regulation
Recital 23

(23) An emergency oversight mechanism, to be activated by the Commission when verified evidence points to a serious and persisting inability of a Member State in effectively ensuring certain or all of its certification, oversight and enforcement tasks under this Regulation, should be established. Accordingly, where such situation endangers safety and is not adequately resolved by the Member State concerned, the Agency should be able to temporarily exercise the responsibility for the tasks in question.deleted

2016/05/27
Committee: BUDG

Proposal for a regulation
Recital 27

(27) A degree of flexibility should be provided for with respect to the application of the rules set out in this Regulation or adopted on the basis thereof, in order to allow Member States to take the necessary measures to react immediately to problems relating to civil aviation safety or to grant exemptions in the event of certain urgent unforeseeable circumstances or urgent operational needs, subject to appropriate conditions to ensure, in particular, proportionality, objective control and transparency. For reasons of proportionality, the Agency ~~and the Commission~~ should only assess the measures or exemptions in question with a view to issuing a recommendation or taking a decision, respectively, where their duration exceeds the duration of one airline scheduling season, that is, eight months~~, without prejudice to the powers of the Commission under Article 258 of the TFEU~~. Where the Agency is the competent authority with respect to the issuing of certain certificates in accordance with this Regulation, it should also be empowered to grant such exemptions, in the same situations and subject to the same conditions as those that apply with respect to the Member States. In this connection provision should also be made for possible amendments, where appropriate, of the relevant rules as laid down in delegated or implementing acts adopted on the basis of this Regulation, in particular so as to allow other means of compliance while still ensuring an acceptable level of civil aviation safety in the Union.

2016/05/27
Committee: BUDG

Proposal for a regulation
Recital 29

(29) In order to facilitate the exchange between the Member States~~, the Commission~~ and the Agency of information, including data, which is relevant for certification, oversight and enforcement activities, an electronic repository of such information should be established and managed by the Agency in cooperation with the Member States and the Commission.

2016/05/27
Committee: BUDG

Proposal for a regulation
Recital 55

(55) It is necessary to establish appropriate measures to ensure the necessary protection of sensitive safety- related information. A detailed plan should be submitted by the Agency's Executive Board.

2016/05/27
Committee: BUDG

Proposal for a regulation
Recital 57

(57) In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council. __________________ Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).deleted

2016/05/27
Committee: BUDG

Proposal for a regulation
Recital 58

(58) The Commission should adopt immediately applicable implementing acts where, in duly justified cases relating to exemptions from the provisions of this Regulation, the emergency oversight mechanism, corrective action and safeguard measures, imperative grounds of urgency so require.deleted

2016/05/27
Committee: BUDG

Proposal for a regulation
Article 1 – paragraph 2 – point b

(b) facilitating, in the fields covered by this Regulation, the free movement of goods, persons, services and capital, within reasonable limits, without undermining the security of the Member States, providing a level playing field for all actors in the internal aviation market, and improving the competitiveness of the Union's aviation industry;

2016/05/27
Committee: BUDG

Proposal for a regulation
Article 1 – paragraph 3 – point d

(d) the establishment of an independent European Union Member State Aviation Safety Agency (the 'Agency');

2016/05/27
Committee: BUDG

Proposal for a regulation
Article 1 – paragraph 3 – point f

(f) the gathering, analysis and exchange of information to inform evidence-based decision making, with due care being taken at all times to respect the privacy of the citizens of the Member States;

2016/05/27
Committee: BUDG

Proposal for a regulation
Article 1 – paragraph 3 – point g

~~(g) the undertaking of awareness and promotion initiatives, including training, communication and dissemination of relevant safety information.~~deleted

2016/05/27
Committee: BUDG

Proposal for a regulation
Article 2 – paragraph 6 – subparagraph 6

Member States may decide to revoke their decisions adopted pursuant to this paragraph. In that case the Member State concerned shall notify the ~~Commission and the~~ Agency. That notification shall be published in the Official Journal of the European Union, and the Agency shall include it in the repository referred to in Article 63. An appropriate transition period shall be provided for by the Member State concerned.

2016/05/27
Committee: BUDG

Proposal for a regulation
Article 2 – paragraph 7 – subparagraph 1

Member States may decide to exempt from the provisions of this Regulation the design, maintenance and operation of an aerodrome, and the equipment used at that aerodrome, where that aerodrome handles no more than ~~10 0~~8 500 passengers per year and no more than 85600 movements related to cargo operations per year, and provided that such exemption does not endanger compliance with the essential requirements referred to in Article 29.

2016/05/27
Committee: BUDG

Proposal for a regulation
Article 2 – paragraph 7 – subparagraph 5

Member States shall, on an annual basis, examine the traffic figures of the aerodromes that they have exempted pursuant to this paragraph. Where that examination demonstrates that, over three consecutive years, one of those aerodromes handles more than ~~10 0~~8 500 passengers per year and more than 85600 movements related to cargo operations per year, the Member State concerned shall revoke the exemption of that aerodrome. In that case, it shall inform the Commission and the Agency accordingly. The decision revoking the exemption shall be published in the Official Journal of the European Union and the Agency shall include it in the repository referred to in Article 63.

2016/05/27
Committee: BUDG

Proposal for a regulation
Article 4 – paragraph 1 – point f

(f) promote cooperation and efficient use of resources between authorities at ~~Union and~~ Member State level;

2016/05/27
Committee: BUDG

Proposal for a regulation
Article 5 – paragraph 1

1. The Commission shall, after consulting the Agency and the Member States, adopt, publish and update as required a document describing the functioning of the European aviation safety system, containing the rules, activities and processes which are used to manage the safety of civil aviation in the Union in accordance with this Regulation (the 'European Aviation Safety Programme').

2016/05/27
Committee: BUDG

Proposal for a regulation
Article 18 – paragraph 1 – introductory part

1. For the aircraft referred to in Article 2(1)(a) and (b) and their engines, propellers, parts and non-installed equipment, the Commission shall be empowered, under the supervision of the Member States, to adopt delegated acts in accordance with Article 117 to lay down detailed rules with regard to:

2016/05/27
Committee: BUDG

Proposal for a regulation
Article 36 – paragraph 2 – subparagraph 2

In that case, the Member State concerned shall inform ~~the Commission,~~ the Agency and the other Member States of its decision. That decision shall be published in the Official Journal of the European Union and the Agency shall include it in the repository referred to in Article 63.

2016/05/27
Committee: BUDG

Proposal for a regulation
Article 51 – paragraph 8

8. Any legal or natural person subject to this Regulation may bring to the attention of the Agency any alleged differences in the application of the rules between the Member States. Where such differences seriously hamper the operation of those persons, or otherwise lead to substantial difficulties, the Agency and the national competent authorities of the Member States concerned shall cooperate to eliminate those differences without undue delay. Where those differences cannot be eliminated, the Agency shall, after seeking the opinion of the national authorities, present the matter to the Commission.

2016/05/27
Committee: BUDG

Proposal for a regulation
Article 52 – paragraph 1

1. The Agency shall establish, ~~in cooperation with~~with the agreement of the national competent authorities, a mechanism for the pooling and sharing of inspectors and other personnel with expertise relevant for the exercise of the certification and oversight tasks under this Regulation. To that end, the Agency shall define and communicate to the national competent authorities the required qualification and experience profiles on the basis of which those authorities shall designate, subject to availability, candidates for participation in the pooling and sharing mechanism in the role of European aviation inspectors.

2016/05/27
Committee: BUDG

Proposal for a regulation
Article 53 – paragraph 1 – subparagraph 1

Member States may not transfer to the Agency the responsibility for the certification, oversight and enforcement with respect to any or all organisations, operators, personnel, aircraft, flight simulation training devices or aerodromes for which the Member State concerned is responsible under this Regulation.

2016/05/27
Committee: BUDG

Proposal for a regulation
Article 53 – paragraph 1 – subparagraph 2

Upon such transfer, the Agency shall become the competent authority for the purposes of the transferred responsibility and the Member State concerned shall be relieved of that responsibility. In relation to the exercise of that responsibility by the Agency, the provisions of Chapters IV and V shall apply.deleted

2016/05/27
Committee: BUDG

Proposal for a regulation
Article 53 – paragraph 2 – subparagraph 1

Member States may~~, subject to mutual consent,~~ not transfer to another Member State the responsibility for the certification, oversight and enforcement with respect to any or all organisations, operators, personnel, aircraft, flight simulation training devices or aerodromes for which they are responsible under this Regulation.

2016/05/27
Committee: BUDG

Proposal for a regulation
Article 53 – paragraph 2 – subparagraph 2

Upon such transfer, the national competent authority of the Member State to which the responsibility is transferred shall become the competent authority for the purposes of the transferred responsibility and the Member State transferring the responsibility shall be relieved of that responsibility.deleted

2016/05/27
Committee: BUDG

Proposal for a regulation
Article 53 – paragraph 2 – subparagraph 3

In relation to the exercise of that responsibility, the provisions of Chapters II and IV and Articles 120 and 121, as well as the applicable provisions of the national law of the Member State to which the responsibility is transferred shall apply.deleted

2016/05/27
Committee: BUDG

Proposal for a regulation
Article 53 – paragraph 3

3. The Agency or a Member State, as applicable, shall only agree to the transfer of responsibilities referred to in paragraphs 1 or 2 when it is satisfied that it can effectively exercise the transferred responsibility in compliance with this Regulation and the delegated and implementing acts adopted on the basis thereof.deleted

2016/05/27
Committee: BUDG

Proposal for a regulation
Article 53 – paragraph 4 – subparagraph 1

When a Member State intends to transfer certain responsibilities in accordance with paragraphs 1 or 2, it shall establish jointly with the Agency or with the other Member State, as applicable, a transition plan that ensures an orderly transfer of those responsibilities. The legal and natural persons concerned by the transfer and, in case of a transfer referred to in paragraph 2, the Agency shall be consulted on that transition plan before it is finalised.deleted

2016/05/27
Committee: BUDG

Proposal for a regulation
Article 53 – paragraph 4 – subparagraph 2

~~The Agency and the Member State or Member States concerned, as applicable, shall ensure that the transfer of the responsibilities is carried out in accordance with the transition plan.~~deleted

2016/05/27
Committee: BUDG

Proposal for a regulation
Article 53 – paragraph 5 – subparagraph 1

The Agency shall make available, through the repository established under Article 63, a list of Member States that have transferred certain responsibilities in accordance with this Article. That list shall include details about the responsibilities transferred, allowing for the clear identification of the responsibilities after the transfer and of the affected organisations, operators, personnel, aircraft, flight simulation training devices or aerodromes, as applicable.deleted

2016/05/27
Committee: BUDG

Proposal for a regulation
Article 53 – paragraph 5 – subparagraph 2

~~The Agency shall take account of the transferred responsibilities when conducting inspections and other monitoring activities in accordance with Article 73.~~deleted

2016/05/27
Committee: BUDG

Proposal for a regulation
Article 53 – paragraph 6

6. This Article shall be without prejudice to the rights and obligations of the Member States under the Chicago Convention. When a Member State transfers responsibilities in accordance with this Article which are attributed to it by the Chicago Convention, it shall notify the ICAO about the fact that the Agency or another Member State acts as its authorised representative for the fulfilment of its obligations under the Chicago Convention.deleted

2016/05/27
Committee: BUDG

Proposal for a regulation
Article 55 – paragraph 4 – subparagraph 1

When the Commission considers, taking into account that recommendation, that the condition of paragraph 1(c) is no longer met, the Commission shall, after consulting the Member States, decide that the temporary transfer of responsibilities to the Agency shall be terminated.

2016/05/27
Committee: BUDG

Proposal for a regulation
Article 58 – paragraph 1 – subparagraph 2

A qualified entity shall be accredited either individually by the Agency orand by a national competent authority, or jointly by two or more national competent authorities or by the Agency and one or more national competent authorities.

2016/05/27
Committee: BUDG

Proposal for a regulation
Article 58 – paragraph 2

2. The Agency orand the national competent authority or authorities, as applicable, shall revoke or suspend the accreditation of a qualified entity that they granted, when that entity no longer complies with the criteria set out in Annex VI.

2016/05/27
Committee: BUDG

Proposal for a regulation
Article 58 – paragraph 3

3. The Agency orand the competent national authority or authorities accrediting a qualified entity may grant it a privilege to issue, amend, suspend and revoke certificates, or to receive declarations, on behalf of the Agency or the national competent authority. That privilege shall be included in the scope of the accreditation.

2016/05/27
Committee: BUDG

Proposal for a regulation
Article 62 – paragraph 3

3. Member States ~~may~~shall retain or adopt measures to strengthen the protection of sources of information referred to in paragraph 1.

2016/05/27
Committee: BUDG

Proposal for a regulation
Article 63 – paragraph 8 – introductory part

8. The Commission shall, under the supervision of the Member States, adopt the necessary rules for the functioning and management of the repository. Those rules shall be contained in implementing acts which shall be adopted in accordance with the examination procedure referred to in Article 116(3) and lay down detailed requirements with regard to:

2016/05/27
Committee: BUDG

Proposal for a regulation
Article 75 – paragraph 4

4. In order to inform interested parties and the general public, the Agency shall, every ~~three~~ years, publish an environmental review, which shall give an objective account of the state of environmental protection relating to civil aviation in the Union.

2016/05/27
Committee: BUDG

Proposal for a regulation
Article 77 – paragraph 4 – introductory part

4. The Agency shall, in cooperation with the Member States ~~and the Commission~~, establish, and update where necessary, a repository which shall include:

2016/05/27
Committee: BUDG

Proposal for a regulation
Article 81 – paragraph 2

2. In each of the Member States, the Agency shall enjoy the ~~most extensive~~ legal capacity accorded to legal persons under their laws. It may, in particular, acquire or dispose of movable and immovable property and may be a party to legal proceedings.

2016/05/27
Committee: BUDG

Proposal for a regulation
Article 81 – paragraph 3

~~Cologne, Federal Republic of Germany~~The seat of the Agency shall be 3. The seat of the Agency shall be Toulouse, France.

2016/05/27
Committee: BUDG

Proposal for a regulation
Article 85 – paragraph 2 – point k

(k) decide on the linguistic arrangements for the Agency, with due regard for the languages of the Member States;

2016/05/27
Committee: BUDG

Proposal for a regulation
Article 88 – paragraph 2

2. The Management Board shall hold at least ~~two~~four ordinary meetings a year. In addition it shall meet at the request of the Chairperson, of the Commission or of at least one third of its members.

2016/05/27
Committee: BUDG

Proposal for a regulation
Article 109 – paragraph 4

4. Regulatory budgets, the fees set and collected for certification activities and charges levied by the Agency shall be dealt with ~~separately~~together in the Agency's accounts.

2016/05/27
Committee: BUDG

Proposal for a regulation
Article 110 – paragraph 1

1. The Executive Director shall implement the budget of the Agency, under the supervision of the national authorities.

2016/05/27
Committee: BUDG