24 Amendments of Jens GIESEKE related to 2013/0186(COD)
Amendment 97 #
Proposal for a regulation
Recital 33
Recital 33
(33) In the cooperative decision making process for the decisions to be taken by the Network Manager, the interest of the network should prevail. Parties to the cooperative decision-making process should therefore act to the maximum extent possible with a view to improving the functioning and performance of the network. The procedures for the cooperative decision-making process should comply with Article 18(3) of Chapter III of Commission Implementing Regulation (EU) 2019/123, promote the interest of the network, and be such that issues are resolved and consensus found wherever possible.
Amendment 133 #
Proposal for a regulation
Article 2 – paragraph 1 – point 20
Article 2 – paragraph 1 – point 20
(20) ‘breakdown value’ means the value obtained, for a given air trafficnavigation service provider, by breaking down a Union-wide performance target to the level of each air traffic service provider and serving as a reference for assessing consistency of the performance target set in draft performance plan with the Union-wide performance target;determining national performance targets, the assessment and approval of draft performance targets by the responsible national authorities, and the PRB in the context of its European monitoring and benchmarking activities.
Amendment 389 #
Proposal for a regulation
Article 9 – paragraph 2 – introductory part
Article 9 – paragraph 2 – introductory part
(2) The price for common information services shall be based on the fixed, underlying structural and variable costs of providing the service concerned and may, in addition, include a mark-up reflecting an appropriate risk- return trade-off.
Amendment 407 #
Proposal for a regulation
Article 10 – paragraph 2 – introductory part
Article 10 – paragraph 2 – introductory part
(2) The performance scheme shall be implemented over a reference periods, which shall be a minimum of two years and a maximum of five years. The performance scheme shall include: of three years.
Amendment 443 #
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
(1) The Commission shall adopt the Union-wide performance targets for en route air navigation services and for terminal air navigation services in the key performance areas of environment, capacity and cost-efficiency for each reference period, in accordance with the advisory procedure referred to in Article 37(2) and with paragraphs 2 to 3 of this Article. In conjunction with the Union- wide performance targets, the Commission may define complementary baseline values, breakdown values or benchmark groups, for the purpose of enabling the assessment and approval of draft performance plans in accordance with the criteria referred to in Article 13(3).
Amendment 480 #
Proposal for a regulation
Article 13 – paragraph 2
Article 13 – paragraph 2
(2) The draft performance plans for en route air navigation services referred to in paragraph 1 shall include relevant information provided by the Network Manager. Before adopting those draft plans, designated air traffic service providers shall consult airspace users’ representatives and, where relevant, military authorities, airport operators and airport coordinators. Military bodies will also be consulted, where appropriate. The designated air traffic service providers shall also submit those plans to the national competent authority responsible for their certification, which shall verify the compliance with Regulation (EU) 2018/1139 and the delegated and implementing acts adopted on the basis thereof.
Amendment 485 #
Proposal for a regulation
Article 13 – paragraph 3 – introductory part
Article 13 – paragraph 3 – introductory part
(3) DraftThe performance plans for en route air navigation services shall contain performance targets for en route air navigation services that are consistent with the respective Union-wide performance targets in all key performance areas and fulfil the additional conditions laid down in the third subparagraph.targets for terminal air navigation services included in the draft performance plans shall comply with the following conditions:
Amendment 576 #
Proposal for a regulation
Article 14 – paragraph 1 – subparagraph 1
Article 14 – paragraph 1 – subparagraph 1
The draft performance plans shall be adopted after the setting of Union-wide performance targets and before the start of the reference period concerned. They shall contain performance targets for terminal air navigation services in the key performance areas of environment, capacity and cost- efficiency, consistent with the Union-wide performance targets. Those draft performance plans shall take account of the European ATM Master Plan. The draft performance plans shall be made publicly available.
Amendment 584 #
Proposal for a regulation
Article 14 – paragraph 2
Article 14 – paragraph 2
(2) The draft performance plans for terminal air navigation services referred to in paragraph 1 shall include relevant information provided by the Network Manager. Before adopting those draft plans, designated air traffic service providers shall consult airspace users’ representatives and, where relevant, military authorities, airport operators and airport coordinators. Military bodies will also be consulted, where appropriate. The designated air traffic service providers shall also submit those plans to the national competent authority responsible for their certification, which shall verify the compliance with Regulation (EU) 2018/1139 and the delegated and implementing acts adopted on the basis thereof.
Amendment 590 #
Proposal for a regulation
Article 14 – paragraph 3 – subparagraph 1 – introductory part
Article 14 – paragraph 3 – subparagraph 1 – introductory part
Amendment 595 #
Proposal for a regulation
Article 14 – paragraph 3 – subparagraph 1 – point a
Article 14 – paragraph 3 – subparagraph 1 – point a
Amendment 598 #
Proposal for a regulation
Article 14 – paragraph 3 – subparagraph 1 – point c
Article 14 – paragraph 3 – subparagraph 1 – point c
Amendment 603 #
Proposal for a regulation
Article 14 – paragraph 3 – subparagraph 2 – introductory part
Article 14 – paragraph 3 – subparagraph 2 – introductory part
Amendment 732 #
Proposal for a regulation
Article 22 – paragraph 5
Article 22 – paragraph 5
Amendment 746 #
Proposal for a regulation
Article 23 – paragraph 1
Article 23 – paragraph 1
For the implementation of the charging scheme, the Commission shall adopt detailed requirements and procedures in respect of Articles 19, 20, 21 and 22 in particular regarding the cost bases and determined costs, the setting of unit rates, the incentives schemes and risk sharing mechanisms and the modulation of charges. Those requirements and procedures shall be set out in an implementing delegated act adopted in accordance with the advisory procedure referred to in Article 37(2).
Amendment 784 #
Proposal for a regulation
Article 26 – paragraph 1
Article 26 – paragraph 1
(1) The air traffic management network functions shall ensure the sustainable and efficient use of the airspace and of scarce resources. They shall also ensure that airspace users can operate environmentally optimal trajectories, while allowing maximum access to airspace and air navigation services. Those network functions , enumerated in paragraphs 2 and 3, shall support the achievement of the Union-wide performance targets and shall, be based on operational requirements and take sufficient account of national initiatives.
Amendment 829 #
Proposal for a regulation
Article 27 – paragraph 3
Article 27 – paragraph 3
(3) The tasks of the Network Manager shall be executed in an independent, impartial and cost efficient manner. They shall be subject to appropriate governance, which shall recognise separate accountabilities for service provision and regulation where the competent body designated as the Network Manager also has regulatory functions. In the execution of its tasks, the Network Manager shall take into consideration the needs of the whole ATM network and shall fully involve the airspace users, air navigation service providers, aerodrome operators and the military not only through consultation but also in the establishment of performance targets, basic decision- making and delimitation of decision- making sovereignty. The respective operational and liability responsibilities are necessarily included in the decision- making process. The participation and initiative rights of stakeholders represented in the Industry Consultation Committee (ICB) thus far will be preserved.
Amendment 834 #
Proposal for a regulation
Article 27 – paragraph 4
Article 27 – paragraph 4
(4) The Network Manager shall contribute to the execution of the network functions through support measures aimed at safe and efficient planning and operations of the network under normal and crisis conditions and through measures aimed at the continuous improvement of network operations in the Single European Sky and the overall performance of the network, especially regarding the implementation of the performance scheme. The action taken by the Network Manager shall take account of the need to fully integrate the airports in the network in order to ensure that there are no negative constraints in the local area and to ensure compliance with the respective local performance plans and performance targets.
Amendment 852 #
Proposal for a regulation
Article 27 – paragraph 7
Article 27 – paragraph 7
(7) The Network Manager shall take decisions through a cooperative decision- making process and in accordance with Article 18(3) of Chapter III of Implementing Regulation (EU) 2019/123. Parties to the cooperative decision-making process shall act to the maximum extent possible with a view to improving the functioning and performance of the network. The cooperative decision-making process shall promote the interests of the network whilst ensuring a fair, balanced and non-discriminatory approach to airport terminal performance requirements and plans.
Amendment 868 #
Proposal for a regulation
Article 29 – paragraph 1
Article 29 – paragraph 1
The air traffic service providers shall establish consultation mechanisms to consult the relevant airspace users and aerodrome operators on all major issues related to services provided, including relevant changes to airspace configurations, or strategic investments which have a relevant impact on air traffic management and air navigation service provision and/or charges. The airspace userstakeholders involved in the consultation and decision- making process shall also be involved in the approcess of approvingval of strategic investment plans and in the development of a national airspace strategy. The Commission shall adopt measures detailing the modalities of the consultation and of the involvement of airspace usstakeholders in approving investment plans. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 37(3).
Amendment 869 #
Proposal for a regulation
Article 30 – paragraph 1
Article 30 – paragraph 1
Member States shall, within the context of the common transport policy, ensure that written agreements between the competent civil and military authorities or equivalent legal arrangements are established or renewed in respect of the management of specific airspace blocks and notify the Commission thereof. The Commission shall adopt provisions for implementation pursuant to the procedure set out in Article 37(3) of this Regulation in order to promote cooperation between the civilian and the military sectors (flexible use of airspace).
Amendment 870 #
Proposal for a regulation
Article 31 – paragraph 1
Article 31 – paragraph 1
(1) With regard to general air traffic, relevant operational data shall be made available in real-time, on a non- discriminatory basis and without prejudice to security or defence policy interests, by all air navigation service providers, airspace users, airports, and the Network Manager, including on cross-border basis and on a Union-wide basis, to the extent that these are required for process control by the stakeholders involved. Such availability shall be to the benefit of certified or declared air traffic service providers, entities having a proven interest in considering the provision of air navigation services, airspace users and airports as well as the Network Manager. The data shall be used only for operational purposes. Data provider, data receiver, type of data and the purpose of its provision need to be clearly defined in order to ensure data consistency and technical, operational and economic feasibility.
Amendment 911 #
Proposal for a regulation
Article 38 – paragraph 2
Article 38 – paragraph 2
(2) The Commission shall establish such a mechanism at Union level to consult on matters related to the implementation of this Regulation where appropriate. The specific Sectoral Dialogue Committee set up under Commission Decision 98/500/EC shall be involved in the consultation. For the purpose of point (e) of paragraph 3, when consultation relating to military aspects is required, the Commission shall, in addition to Member States, consult the European Defence Agency and other competent military experts designated by the Member States.
Amendment 914 #
Proposal for a regulation
Article 38 – paragraph 3 – point h
Article 38 – paragraph 3 – point h