92 Amendments of Lucy ANDERSON related to 2015/0277(COD)
Amendment 249 #
Proposal for a regulation
Recital 1
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 rulesand environmental rules based on the precautionary principle and by measures ensurguaranteeing that anyll goods, persons and organisations involved in civil aviation activity in the Union comply with such rules and with those adopted to protect the environment.
Amendment 252 #
Proposal for a regulation
Recital 1 a (new)
Recital 1 a (new)
(1a) Ambitious measures are required to ensure the aviation sector contributes to the objectives of the Paris Agreement on climate change.
Amendment 267 #
Proposal for a regulation
Recital 10
Recital 10
(10) In accordance with the provisions laid down in Annex 19 to the Chicago Convention, Member States are to establish an acceptable level of safety performance in relation to the aviation activities under their responsibility. In order to assist the Member States in meeting this requirement in a coordinated manner, the European Plan for Aviation Safety should lay down an acceptable high uniform level of safety performance for the Union in respect to the different categories of aviation activities. That acceptable level of safety performance should not have a binding character but express the ambition of the Union and of the Member States with regard to civil aviation safety.
Amendment 277 #
Proposal for a regulation
Recital 14
Recital 14
(14) The Union should also lay down essential requirements for the safe provision of ground handling services, based on ground handling guidelines provided by existing rules and schemes provided by the industry on an international level.
Amendment 280 #
Proposal for a regulation
Recital 14 a (new)
Recital 14 a (new)
(14a) The Agency should be able to limit indirect employment, such as zero-hour contracts, pay-to-fly and precarious independent status in order to avoid adverse effects on safety levels as well as unfair intra- and intermodal competition.
Amendment 289 #
Proposal for a regulation
Recital 18
Recital 18
(18) Since unmanned aircraft also operate within the airspace alongside with traditionalmanned aircraft, this Regulation should cover such aircraft, regardless of their operating mass. Technologies for unmanned aircraft now allow for a wide range of operations possible that should be subject to rules that are proportionate to the risk of the particular operation or type of operations.
Amendment 304 #
Proposal for a regulation
Recital 32 a (new)
Recital 32 a (new)
(32a) With regard to liability of the staff of the Agency when carrying out the tasks assigned to the Agency, Protocol No 7 on the privileges and immunities of the European Union should apply. The application of that Protocol should not lead to undue delays or the imposition of unjustified restrictions on the conduct of national judicial proceedings. In the event of judicial proceedings involving the staff of the Agency, in which a member of the staff is requested to appear before a national court, the Management Board should decide without undue delay to waive that member of the staff's immunity, provided that such waiver will not compromise the interests of the Union.
Amendment 307 #
Proposal for a regulation
Recital 33 a (new)
Recital 33 a (new)
(33a) The Agency should cooperate loyally with the national judicial authorities, in particular in cases in which the involvement of the Agency is necessary on the grounds that the Agency has exercised its tasks related to certification, oversight and enforcement. Where the Agency or a member of its staff is requested to provide information in the context of relevant national proceedings, the Agency should ensure that such request for information or, if necessary, participation in proceedings, is handled with due diligence and within a reasonable period of time. To that end, the Management Board should adopt appropriate procedures to be used in such cases.
Amendment 310 #
Proposal for a regulation
Recital 34
Recital 34
(34) The Agency should provide the technical expertise to the Commission in the preparation of the necessary legislation and assist, where appropriate, the Member States and industry in its implementation. It should be able to issue certification specifications and guidance material and to make technical findings and issue certificates or register declarations as required.
Amendment 315 #
Proposal for a regulation
Recital 39 a (new)
Recital 39 a (new)
(39a) The Agency should focus on integrating research and innovation on safe and environmentally friendly unmanned aircraft into the above mentioned programmes.
Amendment 322 #
Proposal for a regulation
Recital 45
Recital 45
(45) In the interests of transparency, interested parties, including civil society and trade union representatives, should be given observer status within the Management Board of the Agency.
Amendment 326 #
Proposal for a regulation
Recital 50
Recital 50
(50) When the Agency develops draft rules of a general nature to be implemented by national authorities, Member States should be consulted. Furthermore, where rules could have importantoccupational health and safety and/or social implications, stakeholders, including Union social partners, should be appropriately consulted and the implications should be properly addressed in the Regulatory Impact Assessment when the Agency prepares corresponding draft rules.
Amendment 336 #
Proposal for a regulation
Recital 57
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 Before adopting a delegated act, the Commission should consult the Agency, the experts from the voting States represented on the Management Board and the advisory body established under Article 85. It should take into account the opinion expressed by those consultative bodies and refrain from adopting accordance with Regulation (EU) No 182/2011 of the European Parliament delegated act in cases where a majority of the experts and of the Council15 Agency object. __________________ 15 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).
Amendment 343 #
Proposal for a regulation
Recital 64 a (new)
Recital 64 a (new)
(64a) The Agency should be able to limit the use of indirect employment for safety and security reasons in line with principles set in Article 25(1)(g), 28(1)(g), 34(1)(k), 39(1)(h) or 44(1)(f)
Amendment 347 #
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
1. The principal objective of this Regulation is to establish and, maintain and enforce high uniform level of civil aviation safety in the Union, while ensuring a high uniform level of environmental and climate protection.
Amendment 355 #
Proposal for a regulation
Article 1 – paragraph 2 – point f
Article 1 – paragraph 2 – point f
(f) promoting, worldwide, the views of the Union regarding civil aviation practices, standards and civil aviation rules by establishing appropriate cooperation with third countries and international organisations, with the purpose of improving safety, security, social and health standards, environmental and climate protection;
Amendment 356 #
Proposal for a regulation
Article 1 – paragraph 2 – point f a (new)
Article 1 – paragraph 2 – point f a (new)
(fa) intensifying cooperation and coordination with Eurocontrol, mainly in the fields of safety, security, climate and environmental protection, with the aim of increasing sustainability, efficiency and saving money;
Amendment 357 #
Proposal for a regulation
Article 1 – paragraph 2 – point g
Article 1 – paragraph 2 – point g
(g) promoting research and innovation, amongst others in sustainability, regulatory and certification processes;
Amendment 359 #
Proposal for a regulation
Article 1 – paragraph 2 – point h
Article 1 – paragraph 2 – point h
(h) promoting, in the fields covered by this Regulation, administrative, technical and operational interoperability.
Amendment 360 #
Proposal for a regulation
Article 1 – paragraph 2 – point h – indent 1 (new)
Article 1 – paragraph 2 – point h – indent 1 (new)
Amendment 363 #
Proposal for a regulation
Article 1 – paragraph 2 – point h a (new)
Article 1 – paragraph 2 – point h a (new)
(ha) supporting passenger confidence in the safety, security and efficiency of civil aviation within a framework of effective passenger rights legislation.
Amendment 368 #
Proposal for a regulation
Article 1 – paragraph 3 – point b
Article 1 – paragraph 3 – point b
(b) ensuring that the declarations, licenses and certificates issued in accordance with this Regulation and its delegated and implementing acts are valid throughout the Union, without any additional requirements;
Amendment 387 #
Proposal for a regulation
Article 2 – paragraph 3 – point a
Article 2 – paragraph 3 – point a
(a) state aircraft, and their productengines, propellers, parts and non-installed equipment, when carrying out military, customs, police, search and rescue, firefighting, coastguard or similar activities or services under the control and responsibility of a Member State, undertaken in the public interest by a body vested with public authority powers, and the personnel and organisations involved in the activities and services performed by statthese aircraft;
Amendment 406 #
Proposal for a regulation
Article 3 – paragraph 1 – point 23
Article 3 – paragraph 1 – point 23
(23) ‘commercial air transport’ means an aircraft operation to transport passengers, cargo or mail foropen to the public, where remuneration or other valuable consideration between two different aerodromesis given or promised for the transport of passengers, cargo or mail;
Amendment 425 #
Proposal for a regulation
Article 4 – paragraph 1 – point e
Article 4 – paragraph 1 – point e
Amendment 430 #
Proposal for a regulation
Article 4 – paragraph 1 – point g
Article 4 – paragraph 1 – point g
Amendment 432 #
Proposal for a regulation
Article 4 – paragraph 1 – point h – indent 1 (new)
Article 4 – paragraph 1 – point h – indent 1 (new)
- take into account interdependencies between aviation safety and socio-economic factors;
Amendment 455 #
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
3. The National Aviation Safety Programme shall specify, taking into account the objectives set out in Article 1 and the acceptable level of safety performance referred to in Article 6(3), an acceptable level of safety performance to be achieved at national level in respect of the aviation activities under the responsibility of the Member State concernedviation activities under the responsibility of the Member State concerned that are to be performed in order to achieve the target level of safety performance referred to in Article 6(3).
Amendment 461 #
Proposal for a regulation
Chapter 3 – section 1 – title
Chapter 3 – section 1 – title
Airworthiness, climate and environmental protection
Amendment 492 #
Proposal for a regulation
Article 21 – paragraph 1
Article 21 – paragraph 1
Cabin crew involved in commercial air transport operations shall be subject to certification and shall be issued with an attestation license.
Amendment 497 #
Proposal for a regulation
Article 21 – paragraph 3
Article 21 – paragraph 3
Those attestationlicences shall be issued upon application, when the applicant has demonstrated that he or she complies with the rules established by delegated acts adopted pursuant to Article 25 to ensure compliance with the essential requirements referred to in Article 19 on theoretical knowledge, practical skill and medical fitness.
Amendment 502 #
Proposal for a regulation
Article 22 – paragraph 3 a (new)
Article 22 – paragraph 3 a (new)
Aircrew Training Organisations shall not receive Financial revenue from the trainee when providing training on aircraft carrying passengers or cargo.
Amendment 541 #
Proposal for a regulation
Article 29 – paragraph 1
Article 29 – paragraph 1
Aerodromes, aerodrome equipment, the operation of aerodromes, personnel involved in and the provision of ground handling services and apron management services at aerodromes shall comply with the essential requirements set out in Annex VII and, if applicable, Annex VIII.
Amendment 568 #
Proposal for a regulation
Article 32 – paragraph 2
Article 32 – paragraph 2
2. Organisations responsible for the provision of ground handling services and apron management services at aerodromes subject to this Regulation shall declare their capability and the availability of the means to discharge the responsibilities associated with the services provided in compliance with the essential requirements referred to in Article 29be subject to certification and shall be issued with a certificate.
Amendment 582 #
Proposal for a regulation
Article 34 – paragraph 1 a (new)
Article 34 – paragraph 1 a (new)
1a. Personnel involved in ground handling and apron management services at aerodromes shall be subject to an EU certification and shall be issued with a license under the responsibility of the National Aviation Authorities. Those licenses shall be issued upon application, when the applicant has demonstrated that he or she complies with the rules established to ensure compliance with the essential requirements referred to in Article 29 on theoretical knowledge and practical skills.
Amendment 601 #
Proposal for a regulation
Article 39 – paragraph 1 – introductory part
Article 39 – paragraph 1 – introductory part
1. For the provision of ATM/ANS, the Commission shall be empowered to adopt delegated acts or implementing acts in accordance with Article 117 to lay down detailed rules with regard to:
Amendment 608 #
Proposal for a regulation
Article 41 – paragraph 2
Article 41 – paragraph 2
2. The air traffic controller licence referred to in paragraph 1 shall be issued upon application, when the applicant for the licence has demonstrated that he or she complies with the rules established by delegated acts or implementing acts adopted pursuant to Article 44 to ensure compliance with the essential requirements referred to in Article 40 regarding theoretical knowledge, practical skill, language proficiency and experience.
Amendment 610 #
Proposal for a regulation
Article 41 – paragraph 3
Article 41 – paragraph 3
3. The medical certificate referred to in paragraph 1 shall be issued upon application, when the air traffic controller has demonstrated that he or she complies with the rules established by delegated acts or implementing acts adopted pursuant to Article 44 to ensure compliance with the essential requirements referred to in Article 40 on medical fitness.
Amendment 613 #
Proposal for a regulation
Article 42 – paragraph 2
Article 42 – paragraph 2
That certificate shall be issued upon application, when the applicant has demonstrated that it complies with the rules established by delegated acts or implementing acts adopted pursuant to Article 44 to ensure compliance with the essential requirements referred to in Article 40.
Amendment 615 #
Proposal for a regulation
Article 43 – paragraph 2
Article 43 – paragraph 2
That certificate shall be issued upon application, when the applicant has demonstrated that he or she complies with the rules established by delegated acts or implementing acts adopted pursuant to Article 44 to ensure compliance with the essential requirements referred to in Article 40.
Amendment 619 #
Proposal for a regulation
Article 44 – paragraph 1 – introductory part
Article 44 – paragraph 1 – introductory part
1. For air traffic controllers, as well as persons and organisations involved in the training, testing, checking or medical assessment of air traffic controllers, the Commission shall be empowered to adopt delegated acts or implementing acts in accordance with Article 117 to lay down detailed rules with regard to:
Amendment 625 #
Proposal for a regulation
Article 44 – paragraph 2
Article 44 – paragraph 2
2. As regards air traffic controllers, persons and organisations involved in the training, testing, checking or medical assessment of air traffic controllers, as well as synthetic training devices, the Commission shall be empowered, by means of delegated acts or implementing acts adopted in accordance with Article 117, to amend or supplement Annex VIII, where necessary for reasons of technical, operational or scientific developments or safety evidence related to the training organisations and air traffic controllers, in order and to the extent necessary to achieve the objectives laid down in Article 1.
Amendment 650 #
Proposal for a regulation
Article 47 – paragraph 1 – point e
Article 47 – paragraph 1 – point e
(e) the markingndatory marking, registration and identification of unmanned aircraft;
Amendment 674 #
Proposal for a regulation
Article 51 – paragraph 8
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 are not justified on safety grounds and 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 address, and where necessary eliminate those differences without undue delay. Where those differences cannot be eliminated, the Agency shall present the matter to the Commission.
Amendment 692 #
Proposal for a regulation
Article 53 – paragraph 2 – subparagraph 3
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. The national law of the state that the responsibility has transferred from shall continue to apply in respect of any criminal proceedings against any organisation, operator, personnel, aircraft, flight simulation training devices or aerodromes.
Amendment 710 #
Proposal for a regulation
Article 53 – paragraph 5 – subparagraph 1
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. The list shall also detail appropriate points of contact and detailed procedures on how it intends to discharge those responsibilities transferred within the state concerned.
Amendment 719 #
Proposal for a regulation
Article 54 – paragraph 1 – subparagraph 1
Article 54 – paragraph 1 – subparagraph 1
An organisation may, in conjunction with the national competent authorities concerned, request the Agency to act as the competent authority responsible for the certification, oversight and enforcement with respect to that organisation, in deviation from Article 51(3), where that organisation holds or is eligible to apply for a certificate in accordance with the provisions of Chapter III to the national competent authority from one Member State, but it has or it intends to have substantial facilities and personnel covered by that certificate located in one or more other Member States.
Amendment 725 #
Proposal for a regulation
Article 54 – paragraph 1 – subparagraph 3
Article 54 – paragraph 1 – subparagraph 3
Amendment 731 #
Proposal for a regulation
Article 54 – paragraph 2 – subparagraph 1
Article 54 – paragraph 2 – subparagraph 1
Amendment 734 #
Proposal for a regulation
Article 54 – paragraph 2 – subparagraph 2
Article 54 – paragraph 2 – subparagraph 2
Amendment 769 #
Proposal for a regulation
Article 60 – paragraph 3 – subparagraph 1
Article 60 – paragraph 3 – subparagraph 1
Where a Member State considers that the compliance with the applicable essential requirements set out in the Annexes can be demonstrated by other means than those laid down in the delegated and implementing acts adopted on the basis of this Regulation, and that those means present significant advantages in terms of civil aviation safety or of efficiency for the persons subject to this Regulation or for the authorities concerned, it may submit to the Commission and the Agency, through the repository established under Article 63, a reasoned request for amendment ofto grant a derogation from the delegated or implementing act concerned so as to allow for the use of those other means.
Amendment 781 #
Proposal for a regulation
Article 63 – paragraph 1 – subparagraph 2 – point m a (new)
Article 63 – paragraph 1 – subparagraph 2 – point m a (new)
(ma) safety reports submitted to the Agency Under Regulation (EU) 376/2014;
Amendment 783 #
Proposal for a regulation
Article 63 – paragraph 3 a (new)
Article 63 – paragraph 3 a (new)
3a. The agency shall collect safety reports and store them in an anonymously manner and make them publicly available.
Amendment 786 #
Proposal for a regulation
Article 63 – paragraph 6 – subparagraph 2
Article 63 – paragraph 6 – subparagraph 2
Where relevant, the Commission and the Agency may disseminate certain information included in the repository, other than information referred to in paragraph 2, to interested parties or make it publicly available.
Amendment 804 #
Proposal for a regulation
Article 65 – paragraph 6
Article 65 – paragraph 6
6. The Agency shall react without undue delay to an urgent safety problem falling within the scope of this Regulation and its area of competence by determining corrective action to be taken by national competent authorities or legal and natural persons subject to the provisions of this Regulation and by disseminating relto safeguard the objectives set out in Article 1. The Agency shall disseminated information on the corrective action to those national competent authorities and persons, including directives or recommendations, where this is necessary to safeguard the objectives seto those persons for which it is the competent oaut in Article 1hority.
Amendment 822 #
Proposal for a regulation
Article 72 – paragraph 1 – introductory part
Article 72 – paragraph 1 – introductory part
1. The Commission mayshall, at the request of the Agency, impose on an legal or natural person to whom it has issued a certificate, or who has made a declaration to it, in accordance with this Regulation, either one or both of the following:
Amendment 829 #
Proposal for a regulation
Article 72 – paragraph 2 – subparagraph 2
Article 72 – paragraph 2 – subparagraph 2
The amount of the fines shall not exceed 410 % of the annual income or turnover of the legal or natural person concerned. The amount of the periodic penalty shall not exceed 2.5 % of the average daily income or turnover of the legal or natural person concerned.
Amendment 830 #
Proposal for a regulation
Article 72 – paragraph 3
Article 72 – paragraph 3
Amendment 832 #
Proposal for a regulation
Article 72 – paragraph 6 a (new)
Article 72 – paragraph 6 a (new)
6a. Prior to any of the provisions of this article being enacted an assessment of the Text Proposed by the Commission Proposed Amendment 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. The Agency shall take account of the transferred responsibilities when conducting inspections and other monitoring activities in accordance with Article 73. 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. The list shall also detail appropriate points of contact and detailed procedures on how it intends to discharge those responsibilities transferred within the state concerned. The Agency shall take account of the transferred responsibilities when conducting inspections and other monitoring activities in accordance with Article 73. infringement of para 1 shall be made against the content and principles regulation 376/2014 and article 62. This shall include an assessment against the principles of Just Culture.
Amendment 833 #
Proposal for a regulation
Article 72 – paragraph 6 b (new)
Article 72 – paragraph 6 b (new)
6b. Prior to enacting para 1 a consultation shall be made with the member state in which the infringement took place to coordinate any action the individual may be subject to under national law. National Law shall take precedence and in the event penalties are levied under national law then the provisions of this article shall not apply.
Amendment 851 #
Proposal for a regulation
Article 75 – paragraph 1
Article 75 – paragraph 1
1. The measures taken by the Agency as regards emissions and noise, for the purpose of the certification of the design of products in accordance with Article 11 and Annex 16 to the ICAO, shall aim at preventing significant harmful effects on the environment and human health caused by the civil aviation activities concerned.
Amendment 866 #
Proposal for a regulation
Article 76 – title
Article 76 – title
Amendment 873 #
Proposal for a regulation
Article 76 – paragraph 1
Article 76 – paragraph 1
1. The Member States, the Commission and the Agency shall cooperate on security matters related to civil aviation, including cyber security, with a view to ensuring thathere there are interdependencies between civil aviation safety and security are taken into account.
Amendment 876 #
Proposal for a regulation
Article 76 – paragraph 2
Article 76 – paragraph 2
2. TWhere interdependencies exist between civil aviation safety and security, the Agency shall, upon request, provide technical assistance to the Commission in the implementation of Regulation (EC) No 300/2008 of the European Parliament and of the Council22, including in the performance of security inspections and in the preparation of the measures to be adopted under that Regulation, where the Agency has the relevant expertise in the security field concerned, in the implementation of fields 3, 10 and 11 and of chapter 4.3 of field 4 of Annex I to Regulation (EC) No 300/2008 of the European Parliament and of the Council22. __________________ 22 Regulation (EC) No 300/2008 of the European Parliament and of the Council of 11 March 2008 on common rules in the field of civil aviation security and repealing Regulation (EC) No 2320/2002 (OJ L 97, 9.4.2008, p. 72.)
Amendment 880 #
Proposal for a regulation
Article 76 – paragraph 3
Article 76 – paragraph 3
3. To help protect civil aviation against acts of unlawful interference, the Agency may take the necessary measures under Article 65(6) and Article 66(1)(i), where necessary, respond without undue delay to urgent matters of common interest to the Member States where interdependencies exist between civil aviation safety and security and where these fall within the scope of this regulation and: (a) take measures under Article 66(1)(i) to resolve weaknesses in aircraft design; (b) recommend measures to be taken by the competent national authorities or legal and natural persons, subject to the provisions of this regulation, and/or the dissemination of relevant information for such authorities and persons, where the matter affects aircraft operation, including the risks to civil aviation engendered in conflict zones. Before taking suchthe measures referred to in paragraphs (a) and (b), the Agency shall obtain the agreement of the Commission and consult the Member States. The Agency must base its measures, where possible, on assessments of common risks to the EU and take into account the need for a rapid response to emergencies.
Amendment 890 #
Proposal for a regulation
Article 76 – paragraph 3 a (new)
Article 76 – paragraph 3 a (new)
3a. The Agency shall address security in the impact assessment and all phases of the rulemaking process.
Amendment 894 #
Proposal for a regulation
Article 76 – paragraph 3 – indent 1 (new)
Article 76 – paragraph 3 – indent 1 (new)
- New Article 77: 1. The Member States, the Commission, the Agency and other bodies, shall, cooperate on issues regarding social conditions and employment, with a view to ensuring that interdependencies between civil aviation safety and socio-economic factors are taken into account, among others in regulatory processes, as well as with a view of identifying measures to prevent socio-economic risks to aviation safety. 2. The Agency shall consult and involve relevant stakeholders when addressing such interdependencies.
Amendment 897 #
Proposal for a regulation
Article 77 – paragraph 1
Article 77 – paragraph 1
1. The Agency shall, upon request, assist the Commission in its management of relations with third countries and international organisations relating to matters covered by this Regulation. Such assistance shall in particular contribute to the harmonisation of rules and, the mutual recognition of certificates and defence of the interests of the European aerospace industry.
Amendment 911 #
Proposal for a regulation
Article 80 – paragraph 1 – introductory part
Article 80 – paragraph 1 – introductory part
The Agency shall, upon request, and within its field of competence provide technical assistance to the Commission, where the Agency has the relevant expertise, in the implementation of the Single European Sky, in particular by:
Amendment 920 #
Proposal for a regulation
Article 84 a (new)
Article 84 a (new)
Article 84a Cooperation with national judicial authorities In cases where national judicial proceedings could concern the Agency owing to its having performed its certification, oversight and enforcement tasks, the Agency and its staff shall cooperate without undue delay with the competent national authorities. The procedures to be applied in such cases shall be established by the Management Board in accordance with Article 85(q)a.
Amendment 925 #
Proposal for a regulation
Article 85 – paragraph 2 – point q a (new)
Article 85 – paragraph 2 – point q a (new)
(a) establish the procedures for cooperation by the Agency and its staff in connection with national judicial proceedings concerning cases in which the Agency has exercised its powers in the performance of its certification, oversight and enforcement tasks, without prejudice to Regulation (EU) No 996/2010 or Regulation (EU) No 376/2014.
Amendment 926 #
Proposal for a regulation
Article 85 – paragraph 4
Article 85 – paragraph 4
4. The Management Board shall establish an advisory body representing the full range of interested parties affected by the work of the Agency, including trade union and civil society representatives, which it shall consult prior to making decisions in the fields referred to in paragraph 2(c), (e), (f) and (i)covered by the regulation. The Management Board may also decide to consult the advisory body on other issues referred to in paragraphs 2 and 3. The Management Board shall not, in any case, be bound by the opinion of the advisory body.
Amendment 933 #
Proposal for a regulation
Article 89 – paragraph 1
Article 89 – paragraph 1
1. Without prejudice to Articles 85(2)(c) and (d), and 92(7), the Management Board shall take decisions by a two-thirds majority of its members with voting rights. At the request of a member of the Management Board, the decision referred to in Article 85(2)(k) shall be taken by unanimity.
Amendment 937 #
Proposal for a regulation
Article 90 – paragraph 4
Article 90 – paragraph 4
4. The Executive Board shall be composed of the Chairperson of the Management Board, twoone representatives of the Commission, one representative of the European Parliament and six other members appointed by the Management Board from among its members with the right to vote. The Chairperson of the Management Board shall also be the Chairperson of the Executive Board. The Executive Director shall take part in the meetings of the Executive Board, but shall not have the right to vote. The Advisory Board mayshall appoint onetwo of its members as observer.
Amendment 941 #
Proposal for a regulation
Article 90 – paragraph 7
Article 90 – paragraph 7
7. The ManagementExecutive Board shall lay down theadopt its own rules of procedure of the Executive Board.
Amendment 944 #
Proposal for a regulation
Article 91 – paragraph 3 – point t a (new)
Article 91 – paragraph 3 – point t a (new)
(ta) take all decisions on the establishment of the internal structures of the Agency and, where necessary, their modifications;
Amendment 946 #
Proposal for a regulation
Article 92 – paragraph 3
Article 92 – paragraph 3
3. The term of office of the Executive Director shall be five years. By the end of that period, the Commission shall undertake an assessment that takes into account an evaluation of the Executive Director's performance and the Agency's future tasks and challenges. The assessment shall be presented at the European Parliament and the Council.
Amendment 951 #
Proposal for a regulation
Article 104 – paragraph 1 – subparagraph 2 – point b
Article 104 – paragraph 1 – subparagraph 2 – point b
(b) whenever necessary, involve experts from relevant interested parties or draw on expertise from the relevant European standardisation bodies or other specialised bodies;
Amendment 955 #
Proposal for a regulation
Article 104 – paragraph 2
Article 104 – paragraph 2
2. When the Agency, pursuant to Article 65(1) and (3), develops opinions, certification specifications, acceptable means of compliance and guidance material, it shall establish a procedure for the prior consultation of the Member States. To that effect, it may create a working group in which each Member State is entitled to designate an expert. When consultation relating to military aspects is required, the Agency shall also involve the European Defence Agency. When consultation relating to the possible social impact and/or occupational health and safety of those measures of the Agency is required, the Agency shall involve stakeholders, including the EU social partners.
Amendment 957 #
Proposal for a regulation
Article 108 – paragraph 3
Article 108 – paragraph 3
3. The Agency shall translate safety- relevant material into the official languages of the Union where appropriatincluding Executive Director Decisions, Certification Specifications and Acceptable Means of Compliance. National competent authorities shall assist the Agency by effectively communicating relevant safety information within their respective jurisdictions and in their respective languages.
Amendment 960 #
Proposal for a regulation
Article 109 – paragraph 1 – point c
Article 109 – paragraph 1 – point c
Amendment 961 #
Proposal for a regulation
Article 109 – paragraph 1 – point f
Article 109 – paragraph 1 – point f
Amendment 984 #
Proposal for a regulation
Article 115 – paragraph 4 – point c – paragraph 1
Article 115 – paragraph 4 – point c – paragraph 1
Amendment 991 #
Proposal for a regulation
Article 117 – paragraph 2
Article 117 – paragraph 2
2. The power to adopt delegated acts referred to in Article 2(3)(d), Article 18, Article 25, Article 28, Article 34, Article 39, Article 44, Article 47, Article 50, Article 51(10), Article 52(5), Article 72(4) and Article 115(1) shall be conferred on the Commission following approval by the Agency and experts on the Management Board to ensure appropriate use of Delegated Acts. This power shall be conferred for an indeterminate period of time.
Amendment 998 #
Proposal for a regulation
Article 120 – paragraph 1
Article 120 – paragraph 1
Member States shall lay down penalties for infringement of this Regulation and the delegated and implementing acts adopted on the basis thereof. The penalties shall be effective, proportionate and dissuasive. In particular, the penalties shall have regard to the seriousness, the duration and intentional character of the infringement, and be increased if aggravating factors are applicable. In addition, the penalties shall be increased if the relevant infringing party has previously committed a similar infringement.
Amendment 1008 #
Proposal for a regulation
Article 125 – paragraph 1
Article 125 – paragraph 1
Regulation 376/2014
Article 3 – paragraph 2
Article 3 – paragraph 2
However, this Regulation shall not apply to occurrences and other safety-related information involving unmanned aircraft for which a certificate or declaration is not required pursuant to Article 46(1) and (2) of Regulation (EU) YYYY/N [ref. to new regulation], unless the occurrence or other safety-related information involving such unmanned aircraft resulted in a fatal or could have resulted in a fatal or serious injury to a person or it involved aircraft other than unmanned aircraft.
Amendment 1053 #
Proposal for a regulation
Annex IV – point 3 – point 3.1 – point 3.1.2
Annex IV – point 3 – point 3.1 – point 3.1.2
Amendment 1068 #
Proposal for a regulation
Annex VII – point 4 – point 4.1 a (new)
Annex VII – point 4 – point 4.1 a (new)
4.1a. Personnel involved in ground handling and apron management services at aerodromes must be trained and checked on a regular basis to attain and maintain an adequate level of competency in order to perform their assigned safety duties.
Amendment 1080 #
Proposal for a regulation
Annex VIII – point 6 – point 6.2 a (new)
Annex VIII – point 6 – point 6.2 a (new)
Amendment 1085 #
Proposal for a regulation
Annex IX – point 1 – point a
Annex IX – point 1 – point a
(a) A person operating the unmanned aircraft must be aware of the applicable Union and national rules relating to the intended operations, in particular with regard to safety, privacy, data protection, liability, insurance, security or environmental protection. The person must be able to ensure the safety of operation and safe separation of the unmanned aircraft from people on the ground and from other airspace users. This includes being familiar withgood knowledge of the operating instructions provided by the manufacturer and with all relevant functionalities of the unmanned aircraft and applicable rules of the air and ATM/ANS procedures.
Amendment 1090 #
Proposal for a regulation
Annex IX – point 1 – point c
Annex IX – point 1 – point c
(c) If necessary tTo mitigate risks pertaining to safety, privacy, protection of personal data, security or the environment, arising from the operation, the unmanned aircraft must have the corresponding and specific features and functionalities which take into account the principles of privacy and protection of personal data by design and by default. According to the needs tThose features and functionalities must ensure easy identification of the aircraft and of the nature and purpose of the operation; and must ensure that functional prerequisites required for safe operations, including collision avoidance, as well as applicable limitations, prohibitions or conditions be complied with, notably with respect to the operation in particular geographical zones, beyond certain distances from the operator or at certain altitudes.
Amendment 1094 #
Proposal for a regulation
Annex IX – point 2 – paragraph 2 – point 2.1 – point a a (new)
Annex IX – point 2 – paragraph 2 – point 2.1 – point a a (new)
(aa) All unmanned aircraft and its owner/user must be registered and thus be traceable.