3 Amendments of Markus FERBER related to 2008/0127(COD)
Amendment 98 #
Proposal for a regulation – amending act
Article 1 – point 8
Article 1 – point 8
Regulation (EC) No 549/2004
Article 11 – paragraph 2
Article 11 – paragraph 2
2. Without prejudice to the role of the Committee, the Commission may designate Eurocontrol or another competent public entity to act as a ´performance review body´. The role of the performance review body shall be to assist the Commission in the implementation of the performance scheme referred to in paragraph 1. The Commission shall ensure that the performance review body acts independently when carrying out the tasks entrusted to it by the Commission, that the conditions under which each service provider performs its services are sufficiently taken into account, and that the staff of the review body have the necessary skills to perform their tasks. This refers in particular to their expertise in operational processes. However, the national supervisory authorities (NSAs) and the Commission shall retain all final decision-making and supervisory powers.
Amendment 109 #
Proposal for a regulation – amending act
Article 2 – point 5 − point a
Article 2 – point 5 − point a
Regulation (EC) No 550/2004
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Member States shall ensure the provision of air traffic services on an exclusive basis within specific airspace blocks in respect of the airspace under their responsibility. For this purpose, Member States shall designate en air traffic service provider holding a valid certificate in the Community. A Member State shall not refuse to designate an air traffic service provider on the grounds that its national legal system requires that air traffic service providers providing services in airspace under the responsibility of that Member State: (a) be owned directly or through a majority holding by that Member State or its nationals, or (b) have their principle place of operation or registered office in the territory of that Member State, or (c) use only facilities in that Member State.
Amendment 157 #
Proposal for a regulation – amending act
Article 3 – point 6
Article 3 – point 6
Regulation (EC) No 551/2004
Article 6 – paragraph 2 – subparagraph 2
Article 6 – paragraph 2 – subparagraph 2
The Commission may, under its own control and responsibility, entrust to Eurocontrol and in accordance with the principle of subsidiarity, entrust to Eurocontrol or another organisation (e.g. an industry consortium) whichever best relates to the requested performance, tasks relating to the execution of the above functions, which do not involve the adoption of binding measures of a general scope or the exercise of political discretion. These tasks shall be executed in an impartial and cost-effective manner; taking into consideration the needs of the whole ATM network and with the full involvement of the airspace users and air navigation service providers. When establishing the network management function, the Commission shall ensure that the principle of separating regulatory from operational tasks is observed. To this end, each individual function and its associated responsibilities shall be precisely differentiated and classified at every level (EU, regional/FAB, national). Those functions with a European dimension that are classified as ‘operational’ shall always be performed in line with the guidance of the industry partners, while the industry partners shall be consulted in the case of regulatory functions.