30 Amendments of Elsi KATAINEN related to 2013/0186(COD)
Amendment 30 #
Proposal for a regulation
Recital 10
Recital 10
(10) To ensure the consistent and sound oversight of service provision across Europe, the national supervisory authorities should be guaranteed sufficientbudgetary and financial independence and sufficient resources. This should not prevent a national supervisory authority from being part of a regulatory authority competent for several regulated sectors if that regulatory authority fulfils the independence requirements, or from being joined in terms of its organisation with the national competition authority. .
Amendment 34 #
Proposal for a regulation
Recital 11
Recital 11
(11) The financing of the national supervisory authorities should guarantee their independence, and should allow them to operate in accordance with the principles of fairness, transparency, non- discrimination and proportionality. Appropriate procedures and criteria for appointing staff should contribute to guaranteeing the independence of the national supervisory authorities, ensuring in particular that the appointment of persons in charge of strategic decisions is made by a public authority, which does not directly exert ownership rights over air navigation service providers.
Amendment 56 #
Proposal for a regulation
Recital 21
Recital 21
(21) The entry of unmanned aircraft operations must lead to a safe and shared use of the European airspace amongst unmanned and traditional operations. The traffic management of unmanned aircraft in an integrated manner requires the availability of common information services in order to create a common understanding of airspace activity in a given piece of airspace. In order to contain the costs of such traffic management, prices for common information services should be based on cost and a reasonable mark-up for profit, and should be subject to approval by national supervisory authorities. To enable the provision of the service, the required data should be made available by air navigation service providers.
Amendment 58 #
Proposal for a regulation
Recital 21 a (new)
Recital 21 a (new)
(21a) The traffic management of unmanned aircrafts requires the availability of U-space services. Considering the vulnerability of the counterparty in the provision of U-space services, charging schemes should pay utmost attention to the safeguard of the affordability principle.
Amendment 83 #
Proposal for a regulation
Recital 29
Recital 29
(29) Mechanisms for modulation of charges to improve environmental performance and service quality, notably through increased use of sustainable alternative fuels, alternative clean propulsion technologies, more direct- routing, increased capacity and reduced delays, while maintaining an optimum safety level, should be set up at Union-wide level given the cross-border nature of aviation. National supervisory authorities should also have the possibility to establish mechanisms at local level regarding terminal services.
Amendment 108 #
Proposal for a regulation
Recital 39
Recital 39
(39) The concept of common projects should aim at implementing, in a timely, coordinated and synchronised manner, the essential operational changes identified in the European ATM Master Plan which have a network-wide impact. In particular the common projects should promote and accelerate the update of new digital technologies that are critical to the future scalability, resilience and sustainability of the ATM system in Europe. The Commission should be charged with carrying out a cost-benefit analysis in respect of the funding with a view to speedying up the deployment of the SESAR project.
Amendment 138 #
Proposal for a regulation
Article 2 – paragraph 1 – point 22 a (new)
Article 2 – paragraph 1 – point 22 a (new)
22a. “U-space airspace” means a UAS geographical zone designated by Member States, where UAS operations are only allowed to take place with the support of U-space services provided by an U-Space service provider;
Amendment 139 #
Proposal for a regulation
Article 2 – paragraph 1 – point 22 b (new)
Article 2 – paragraph 1 – point 22 b (new)
22b. “U-space service” means a service relying on a high level of digitalisation and automation of functions designed to support safe, efficient and secure access to U-space airspace for a large numbers of UAS;
Amendment 140 #
Proposal for a regulation
Article 2 – paragraph 1 – point 22 c (new)
Article 2 – paragraph 1 – point 22 c (new)
22c. “U-space service provider” means any legal or natural person providing or intending to provide U-space services;
Amendment 142 #
Proposal for a regulation
Article 2 – paragraph 1 – point 26
Article 2 – paragraph 1 – point 26
26. ‘cooperative decision-making’ means a process in which decisions by the Network Manager are made based on interaction and consultation with Member States, operational stakeholders and other actors as appropriate;
Amendment 167 #
Proposal for a regulation
Article 3 – paragraph 3 – introductory part
Article 3 – paragraph 3 – introductory part
3. Without prejudice to paragraph 1, the national supervisory authorities shall be legally distinct and independent from a legal, budgetary and financial point of view from any other public or private entity in terms of their organisation, functioning, legal structure and decision-making.
Amendment 185 #
Proposal for a regulation
Article 3 – paragraph 5 – point b a (new)
Article 3 – paragraph 5 – point b a (new)
(ba) they shall not be seconded from air navigation service providers or companies under the control of an air navigation service provider.
Amendment 202 #
Proposal for a regulation
Article 3 – paragraph 6 – subparagraph 2
Article 3 – paragraph 6 – subparagraph 2
Persons in charge of strategic decisions, audits or other functions directly linked to performance targets or oversight of air navigation service providers, shall not hold any professional position or responsibility with any air navigation service provider after their term in the national supervisory authority, for at least a period of two year of more than six months, for: (i) at least 12 months for staff in managerial positions; (ii) at least six months for staff in non- managerial positions.
Amendment 210 #
Proposal for a regulation
Article 3 – paragraph 7
Article 3 – paragraph 7
7. Member States shall ensure that national supervisory authorities have the necessary financial resources and capabilities to carry out the tasks assigned to them under this Regulation in an efficient and timely manner. The national supervisory authorities shall manage their staff based on their own appropriations, to be set in proportion toaccordance with the tasks to be fulfilled by the authority in accordance with Article 4.
Amendment 213 #
Proposal for a regulation
Article 3 – paragraph 8 – subparagraph 1 a (new)
Article 3 – paragraph 8 – subparagraph 1 a (new)
The Member State may reobtain the responsibility of the tasks of the national supervisory authority which the Agency acting as Performance Review Body (PRB) was requested to carry out subject to: (i) the submission of proof that the national supervisory authority is capable of performing the reobtained tasks; (ii) the reallocation of tasks starting from the beginning of a given reference period.
Amendment 218 #
Proposal for a regulation
Article 3 – paragraph 10
Article 3 – paragraph 10
10. The Commission shall establish detailed rules laying down the modalities of recruitment criteria and selection procedures referred to in paragraph 5, points (a) and (b). Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 37(3).
Amendment 225 #
Proposal for a regulation
Article 4 – paragraph 1 – point c
Article 4 – paragraph 1 – point c
(c) applyimplement the performance and charging schemes set out in in Articles 10 to 17 and 19 to 22 and the implementing acts referred to in Articles 18 and 23, within the limits of their tasks defined in those articles and acts, and oversee the application of the Regulation regarding the transparency of accounts of designated air traffic service providers in accordance with Article 25.
Amendment 297 #
Proposal for a regulation
Article 6 – paragraph 6
Article 6 – paragraph 6
6. The Commission shall adopt, in accordance with the examination procedure referred to in Article 37(3), implementing rules regarding detailed requirements on financial robustness, in particular financial strength and financial resilience, as well as in respect of liability and insurance cover. In order to ensure the uniform implementation of and compliance with paragraphs (1), (4) and (5) of this Article, the Commission shall adopt implementing acts, in accordance with the examination procedure referred to in Article 37(3), laying down detailed provisions concerning the rules and procedures for certification and for conducting the investigations, inspections, audits and other monitoring activities necessary to ensure effective oversight and enforcement by the national supervisory authority of the entities subject to this Regulation.
Amendment 386 #
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Where common information services are provided, the data disseminated shall present the integrity and quality necessary to enable the safe and integrated provision of services for the management of traffic of unmanned aircraft in a way that enables the shared use of the airspace together with manned aircrafts.
Amendment 390 #
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 strictly on the fixed and variable costs of providing the service concerned and may, in addition, include a reasonable mark-up reflecting an appropriate risk- return trade-off.
Amendment 395 #
Proposal for a regulation
Article 9 – paragraph 4 – introductory part
Article 9 – paragraph 4 – introductory part
4. As far as operations in specific volumes of airspace designated by the Member States for unmanned aircraft operations are concernedWhere manned and unmanned operations are expected to take place in specific volumes of airspace, relevant operational data shall be made available in real-time by air navigation service providers. Common information service providers to the U-Space service provider. The providers concerned shall use those data only for operational purposes of the services they provide. Access to relevant operational data shall be granted to common information service providers, on a non- discriminatory basis, without prejudice to security or defence policy interests.
Amendment 470 #
Proposal for a regulation
Article 13 – paragraph 1 – subparagraph 1
Article 13 – 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 en route air navigation services in the key performance areas of the environment, capacity and cost-efficiency, consistent with the Union- wide performance targets. Those draft performance plans shall take accountcontribute to the implementation of the European ATM Master Plan. The draft performance plans shall be made publicly available.
Amendment 580 #
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 accountcontribute to the implementation of the European ATM Master Plan. The draft performance plans shall be made publicly available.
Amendment 650 #
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
1. The Agency acting as PRB shall on a regular basis, once per year, establish a Union-wide overview of the performance of terminal air navigation services and of how it relates to Union-wide performance targets.
Amendment 737 #
Proposal for a regulation
Article 22 – paragraph 5
Article 22 – paragraph 5
5. Charges shall be modulated to encourage air navigation service providers, airports and airspace users to support improvements in environmental performance, or service quality such as increased use of sustainable alternative fuels, alternative clean propulsion technologies, or service quality such as increased capacity, reduced delays, more direct-routing and sustainable development, while maintaining an optimum safety level, in particular for implementing the European ATM Master Plan. The modulation shall consist of financial advantages or disadvantages and shall be revenue neutral for air traffic service providers.
Amendment 803 #
Proposal for a regulation
Article 26 – paragraph 3 – point b
Article 26 – paragraph 3 – point b
(b) management of the delivery of air traffic control capacity in the network as set out in the binding Network Operations Plan (NOP);
Amendment 849 #
Proposal for a regulation
Article 27 – paragraph 6 – point a
Article 27 – paragraph 6 – point a
(a) decide on individual measures to implement the network functions and to support the effective implementation of the binding Network Operations Plan and the achievement of the binding performance targets;
Amendment 890 #
Proposal for a regulation
Article 35 – paragraph 2
Article 35 – paragraph 2
2. TIn order to support the priorities set in paragraph 1 of this Article, the Commission may also establish governance mechanisms for common projects and their implementation.
Amendment 906 #
Proposal for a regulation
Article 38 – title
Article 38 – title
Industry Consultation of stakeholdersBody
Amendment 916 #
Proposal for a regulation
Article 38 a (new)
Article 38 a (new)
Article 38a Industry Consultation Body Without prejudice to the role of the Committee and of Eurocontrol, the Commission shall establish an ‘industry consultation body’, in which air navigation service providers, associations of airspace users, airport operators, the manufacturing industry and professional staff representative bodies shall participate. The role of this body shall solely be to advise the Commission on the implementation of the single European sky.