BETA

105 Amendments of Jan-Christoph OETJEN related to 2013/0186(COD)

Amendment 30 #
Proposal for a regulation
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. .
2021/02/05
Committee: TRAN
Amendment 34 #
Proposal for a regulation
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.
2021/02/05
Committee: TRAN
Amendment 46 #
Proposal for a regulation
Recital 17
(17) Air traffic service providers or airport operators should have the choice to procure communication, navigation and surveillance services (CNS), aeronautical information services (AIS), air traffic data services (ADS), meteorological services (MET) or terminal air traffic services under market conditions, without prejudice to safety requirements, whereunless they findprove that such procurement enablesgoes to the detriment of cost-efficiency gains. The possibility to resort to suchnational supervisory authorities concerned should assess and approve this proof. The procurement is expected to allow for more flexibility and to promote innovation in services, without affecting the specific needs of the military regarding confidentiality, interoperability, system resilience, data access, and ATM security.
2021/02/05
Committee: TRAN
Amendment 49 #
Proposal for a regulation
Recital 18
(18) WheProcured terminal air traffic services are procured, they should not be subject to the charging scheme set out in this Regulation, nor to, Article 1(4) of Directive 2009/12/EC of the European Parliament and of the Council30 , linked to the applicability of that scheme. __________________ 30Directive 2009/12/EC of the European Parliament and of the Council of 11 March 2009 on airport charges (OJ L 70, 14.3.2009, p. 11).
2021/02/05
Committee: TRAN
Amendment 54 #
Proposal for a regulation
Recital 20
(20) Where applicable, tThe procurement of air navigation services should be carried out in accordance with Directive 2014/24/EU of the European Parliament and of the Council31 and Directive 2014/25/EU of the European Parliament and of the Council32 . National supervisory authorities should ensure that procurement requirements for air navigation services are fulfilled. __________________ 31Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement and repealing Directive 2004/18/EC (OJ L 94, 28.3.2014, p. 65). 32 Directive 2014/25/EU of the European Parliament and of the Council of 26 February 2014 on procurement by entities operating in the water, energy, transport and postal services sectors and repealing Directive 2004/17/EC (OJ L 94, 28.3.2014, p. 243).
2021/02/05
Committee: TRAN
Amendment 56 #
Proposal for a regulation
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.
2021/02/05
Committee: TRAN
Amendment 58 #
Proposal for a regulation
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.
2021/02/05
Committee: TRAN
Amendment 59 #
Proposal for a regulation
Recital 22
(22) The designated tendering procedure and the performance and charging schemes are intended to make air navigation services provided under conditions other than market conditiontraffic services more cost-efficient and to promote better service quality and should, to this end, include relevant and appropriate incentives. In view of this objective, the performance and charging schemes should not cover services supplied under market conditions.
2021/02/05
Committee: TRAN
Amendment 67 #
Proposal for a regulation
Recital 25
(25) Given the cross border and network elements inherent in the provision of en route air navigation services and the fact that, as a consequence, performance is notably to be assessed against Union-wide performance targets, a Union body should be in charge of the assessment and approval of the performance plans and performance targets for en route air navigation services, subject to judicial review by an appeal body and eventually by the Court of Justice. In order to ensure that the tasks be carried out with a high level of expertise and necessary independence, that Union body should be the Agency acting as Performance Review Body (PRB), functioning in accordance with the dedicated governance rules set out in this Regulation (EU) 2018/1139. Given their knowledge of the local circumstances, necessary to assess terminal air navigation services, national supervisory authorities should be in charge of the assessment and approval of the performance plans and performance targets for terminal air navigation services. The allocation of costs between en route and terminal air navigation services constitutes a single operation, relevant to both types of services, and should therefore be subject to the oversight of the Agency acting as PRB.
2021/02/05
Committee: TRAN
Amendment 68 #
Proposal for a regulation
Recital 25 a (new)
(25a) The European Union Aviation Safety Agency acting as Performance Review Body (hereafter the “Agency acting as PRB”) that should have a permanent structure, guaranteeing that the tasks conferred upon the Agency acting as PRB be carried out with the required expertise as well as independence from public or private interests and that can rely on dedicated resources; a Regulatory Board for Performance Review should be established and a Director for Performance Review should be appointed in order to carry out specifically the functions of the Agency acting as PRB; the Regulatory Board for Performance Review should act independently and should not seek or follow instructions or accept recommendations from a government of a Member State, from the Commission or any other public or private entity.
2021/02/05
Committee: TRAN
Amendment 69 #
Proposal for a regulation
Recital 25 b (new)
(25b) The Director for Performance Review should be the legal representative of the Agency in matters of performance review and be in charge of the day-to-day administration in respect of this matter, as well as of various preparatory tasks. The Director for Performance Review should also draft and submit the section on performance review of the programming document, the annual work programme and the annual activity report of the Agency. The Regulatory Board for Performance Review as an independent body should be involved in those activities.
2021/02/05
Committee: TRAN
Amendment 70 #
Proposal for a regulation
Recital 25 c (new)
(25c) Where the Agency acting as PRB has decision-making powers, interested parties should, for reasons of procedural economy, be granted a right of appeal to an Appeal Board for Performance Review, which should be part of the Agency acting as PRB, but independent from its administrative and regulatory structure; cooperation between national supervisory authorities in the area of performance review is important to ensure smooth application of Union law in this area and should thus be facilitated, namely through the establishment of an Advisory Board for Performance Review
2021/02/05
Committee: TRAN
Amendment 71 #
Proposal for a regulation
Recital 25 d (new)
(25d) Designated air traffic service providers hold natural monopolies in respect of the services concerned, and those services are remunerated by airspace users. Because of this specific feature, it is necessary that the performance and charging schemes be applied to them, so as to optimise the provision of the services concerned on a number of points. The principal role of the Agency acting as PRB consists of the application of those schemes, and the funds necessary for its setting up can therefore be considered as necessary for reasons linked to the peculiar features and the peculiar position of the providers of the services concerned
2021/02/05
Committee: TRAN
Amendment 72 #
Proposal for a regulation
Recital 25 e (new)
(25e) Costs related to the supervision of designated air traffic service providers by the Agency acting as PRB should be divided into costs for its setting up and running costs; the costs for the setting up of the Agency acting as PRB are short- term and limited to a few activities, such as recruitment, training and necessary IT equipment, and are necessary to initiate the supervision required for the reasons described; those costs should be paid during five financial years by designated air traffic service providers in the form of annual contributions, calculated in a fair and non-discriminatory manner. Individual contributions by designated air traffic service providers should be determined by reference to their size in order to reflect their importance in the provision of air traffic services in Europe and hence the relative benefits they draw from the supervised activity. Concretely, such contributions should be calculated based on the amount of actual revenues produced by the provision of air navigation services over the reference period preceding the reference period during which this Regulation enters into force.
2021/02/05
Committee: TRAN
Amendment 73 #
Proposal for a regulation
Recital 25 f (new)
(25f) In order to establish uniform rules regarding the calculation of annual contributions, in particular the methodology to allocate the estimated expenditure to categories of designated air traffic service providers and the criteria to determine the level of individual contributions based on size, implementing powers should be conferred on the Commission; Running costs relate to the cost of the activities conducted by the Agency acting as PRB, in respect of the performance and charging schemes, once the operation of this activity has been set up. Running costs of the Agency acting as PRB should equally be financed by designated air traffic services providers. However, the funding should be based on fees and charges, on account of interventions necessary for the application of the performance and charging schemes. This form of funding can also be expected to enhance the autonomy and independence of the Agency acting as PRB.
2021/02/05
Committee: TRAN
Amendment 74 #
Proposal for a regulation
Recital 25 g (new)
(25g) No revenue received by the Agency, of whatever source, should compromise its independence and impartiality. The Agency acting as PRB should also provide for a reserve fund covering one year of its operational expenditure to ensure the continuity of its operations and the execution of its tasks.
2021/02/05
Committee: TRAN
Amendment 75 #
Proposal for a regulation
Recital 25 h (new)
(25h) The Agency acting as PRB should be open to the participation of third countries which have concluded agreements with the Union and which have adopted and are applying the relevant rules of Union law.
2021/02/05
Committee: TRAN
Amendment 83 #
Proposal for a regulation
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.
2021/02/05
Committee: TRAN
Amendment 108 #
Proposal for a regulation
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.
2021/02/05
Committee: TRAN
Amendment 127 #
Proposal for a regulation
Article 2 – paragraph 1 – point 10 a (new)
10a. ‘air traffic service contract’ means one or more legally binding acts, following a competitive tendering procedure, that confirm the agreement between Member States concerned and an air traffic service provider to entrust to provide air traffic services;
2021/02/05
Committee: TRAN
Amendment 128 #
Proposal for a regulation
Article 2 – paragraph 1 – point 10 b (new)
10b. “designated air traffic service provider” means an air traffic service provider designated to provide air traffic services based on a competitive tendering procedure and hold an air traffic service contract;
2021/02/05
Committee: TRAN
Amendment 138 #
Proposal for a regulation
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;
2021/02/05
Committee: TRAN
Amendment 139 #
Proposal for a regulation
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;
2021/02/05
Committee: TRAN
Amendment 140 #
Proposal for a regulation
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;
2021/02/05
Committee: TRAN
Amendment 142 #
Proposal for a regulation
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;
2021/02/05
Committee: TRAN
Amendment 167 #
Proposal for a regulation
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.
2021/02/05
Committee: TRAN
Amendment 185 #
Proposal for a regulation
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.
2021/02/05
Committee: TRAN
Amendment 202 #
Proposal for a regulation
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.
2021/02/05
Committee: TRAN
Amendment 210 #
Proposal for a regulation
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.
2021/02/05
Committee: TRAN
Amendment 213 #
Proposal for a regulation
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.
2021/02/05
Committee: TRAN
Amendment 218 #
Proposal for a regulation
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).
2021/02/05
Committee: TRAN
Amendment 225 #
Proposal for a regulation
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.
2021/02/05
Committee: TRAN
Amendment 233 #
Proposal for a regulation
Article 4 – paragraph 3 – subparagraph 1
It shall take all necessary enforcement measures which may, where appropriate, include the amendment, limitation, suspension or revocation of economic certificates issued by theming fines and periodic penalty payments for the purpose of its tasks in accordance with Article 6paragraph 1.
2021/02/05
Committee: TRAN
Amendment 238 #
Proposal for a regulation
Article 5 – paragraph 3
3. National supervisory authorities shall facilitate the provision of cross-border services by air navigation service providers for the purpose of improving network performance. In the case of provision of air navigation services in an airspace falling under the responsibility of two or more Member States , the Member States concerned shall conclude an agreement on the supervision to be carried out by them under this Regulation, of the air navigation service providers concerned . The national supervisory authorities concerned mayshall establish a plan specifying the implementation of their co-operation with a view to giving effect to that agreement.
2021/02/05
Committee: TRAN
Amendment 240 #
Proposal for a regulation
Article 5 – paragraph 5
5. Where permitted by national law and with a view to regional cooperation, national supervisory authorities mayshall also conclude agreements on the division of responsibilities regarding the supervisory tasks. They shall notify the Commission of these agreements.
2021/02/05
Committee: TRAN
Amendment 242 #
Proposal for a regulation
Chapter 2 a (new)
CHAPTER IIa - Performance Review Body
2021/02/05
Committee: TRAN
Amendment 243 #
Proposal for a regulation
Article 5 a (new)
Article 5a Agency acting as Performance Review Body 1. A Performance Review Body shall be established with the competence to implement various tasks notably in respect of the performance and charging schemes. A permanent structure shall be established with the European Union Aviation Safety Agency (EASA) in a manner that separates the discharge of the tasks regarding the performance and charging schemes of the Single European Sky, functionally and hierarchically, from the Agency’s activity as a safety authority. 2. To carry out its tasks, the Agency acting as PRB shall have the required expertise, shall be independent from public or private interests and shall rely on dedicated resources. Governance for its integration within the existing structure of the Agency shall be in accordance with [Regulation PRB].
2021/02/05
Committee: TRAN
Amendment 244 #
Proposal for a regulation
Article 5 b (new)
Article 5b Structure of the Agency acting as PRB For carrying out its tasks on performance review, the Agency acting as PRB shall have: (a) A Regulatory Board for Performance Review; (b) A Director for Performance Review; (c) An Advisory Board for Performance Review; (d) Appeal Board for Performance Review.
2021/02/05
Committee: TRAN
Amendment 245 #
Proposal for a regulation
Article 5 c (new)
Article 5c Functions of the Regulatory Board for Performance Review 1. The Regulatory Board for Performance Review shall: (a) provide opinions and, where appropriate, comments on and amendments to the text of the Director for Performance Review’s proposals for draft opinions, recommendations and decisions related to the tasks listed in this Regulation as well as those referred to in Article 5aa which are considered for adoption; (b) within its field of competence, provide guidance to the Director for Performance Review in the execution of his or her tasks; (c) provide an opinion to the Commission on the candidate to be appointed as Director for Performance Review in accordance with Article 5g(2), and where applicable his or her removal from office in accordance with Article 5g(6); (d) approve the section on performance review activities of the programming document to be submitted by the Director for Performance Review to the Executive Director in accordance with point (g) of Article 5h(3) and Article 117a of [Regulation PRB]; (e) decide, after obtaining the agreement of the Commission, and as regards the revenue and expenditure in respect of performance review, whether to accept any legacies, donations or grants from other Union sources or any voluntary contribution from the Member States or from the national supervisory authorities referred to in Article 3 of this Regulation; (f) approve the independent section on regulatory activities of the section on performance review of the consolidated annual activity report to be submitted by the Director for Performance Review to the Executive Director of the Agency in accordance with point (i) of Article 5h(3)and Article 118a of [Regulation PRB]; (g) elaborate and approve the procedures for issuing opinions, recommendations and decisions by the Agency acting as PRB in accordance with Article 5u(4); (h) on the basis of a proposal by the Director for Performance Review, adopt and regularly update the communication and dissemination plans on performance review referred to Article 5u(5); (i) on the basis of a proposal by the Director for Performance Review, adopt the establishment or modification of the internal structures concerning performance review; (j) authorise the conclusion of working arrangements in accordance with Article 5aa(3). (k) exercise disciplinary authority over the Director for Performance Review; (l) provide an opinion to the Management Board of the Agency on the conclusion of working arrangements in accordance with 5aa(3); (m) on the basis of a proposal by the Director for Performance Review, establish mechanisms and procedures for consultation of stakeholders referred to in Article 38 and Article 5u of this Regulation. (n) provide an opinion to the Commission on the candidates to be appointed as members of the Appeal Board for Performance Review in accordance with Article 5l. That opinion shall not be binding.
2021/02/05
Committee: TRAN
Amendment 246 #
Proposal for a regulation
Article 5 d (new)
Article 5d Composition and independence of the Regulatory Board for Performance Review 1. The Regulatory Board for Performance Review shall be composed of 9 voting members and one non-voting representative of the Commission. Each member shall have an alternate. One of the members shall be the Chairperson of the Advisory Board for Performance Review. A member of the Management Board of the Agency shall not be a member of the Regulatory Board for Performance Review. The term of office for members and their alternates shall be five years, and that term shall be extendable. 2. The members of the Regulatory Board for Performance Review and their alternates shall be formally appointed by the Commission after consultation of Eurocontrol, following a public call for expression of interest. The members of the Regulatory Board for Performance Review shall be appointed on the basis of merit as well as skills and experience relevant to the air traffic management or economic regulation of network industries. 3. When carrying out the tasks conferred upon it by this Regulation, the Regulatory Board for Performance Review shall act independently and shall not seek or follow instructions from any government of a Member State, from the Commission, or from another public or private entity.
2021/02/05
Committee: TRAN
Amendment 247 #
Proposal for a regulation
Article 5 e (new)
Article 5e Chairperson of the Regulatory Board for Performance Review 1. The Regulatory Board for Performance Review shall elect a Chairperson and a Deputy Chairperson from among its members with voting rights by a two-thirds majority. The Deputy Chairperson shall replace the Chairperson if the latter is not in a position to perform his or her duties. 2. The term of office of the Chairperson and of the Deputy Chairperson shall be two-and-a-half years and shall be renewable. If their membership of the Regulatory Board for Performance Review ceases at any time during their term of office, their term of office shall automatically expire on that date.
2021/02/05
Committee: TRAN
Amendment 248 #
Proposal for a regulation
Article 5 f (new)
Article 5f Meetings of the Regulatory Board for Performance Review 1. Meetings of the Regulatory Board for Performance Review shall be convened by its Chairperson. 2. The Regulatory Board for Performance Review shall hold at least two 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. 3. The Director for Performance Review shall take part in the deliberations, without the right to vote. 4. The Regulatory Board for Performance Review may invite any person whose opinion might be of interest to attend its meetings with observer status. 5. The Agency shall provide the secretariat for the Regulatory Board for Performance Review.
2021/02/05
Committee: TRAN
Amendment 249 #
Proposal for a regulation
Article 5 g (new)
Article 5g Voting rules of the Regulatory Board for Performance Review 1. Unless otherwise specified in this Regulation, the Regulatory Board for Performance Review shall take decisions by a simple majority of the members with voting rights. 2. Each member with voting rights appointed pursuant to Article 5c(2) shall have one vote. In the absence of a member, his or her alternate shall be entitled to exercise his or her right to vote. Neither observers nor the Director for Performance Review shall have the right to vote. 3. The Regulatory Board for Performance Review shall adopt its rules of procedure, which shall set out in greater detail the arrangements governing voting.
2021/02/05
Committee: TRAN
Amendment 250 #
Proposal for a regulation
Article 5 h (new)
Article 5h Director for Performance Review 1. The Director for Performance Review shall be engaged as a temporary agent of the Agency under Article 2, point (a) of the Conditions of Employment of Other Servants. 2. The Director for Performance Review shall be appointed by the Commission following a favourable opinion of the Regulatory Board for Performance Review, on the basis of merit as well as skills and experience relevant to the aeronautical industry or economic regulation of network industries, and following an open and transparent selection procedure. For the purpose of concluding the contract with the Director for Performance Review, the Agency shall be represented by the Chairperson of the Management Board of the Agency. 3. The Director for Performance Review’s term of office shall be five years. In the course of the nine months preceding the end of that period, the Commission shall undertake an assessment. In the assessment, the Commission shall examine in particular: (a) the performance of the Director for Performance Review; (b) the duties and requirements concerning performance review in the following years. 4. The Commission giving the utmost consideration to the assessment referred to in paragraph 3 and following a favourable opinion of the Regulatory Board for Performance Review, may extend the term of office of the Director for Performance Review once by no more than five years. A Director for Performance Review whose term of office has been extended shall not participate in another selection procedure for the same post at the end of the extended period. 5. If his or her term of office is not extended, the Director for Performance Review shall remain in office until the appointment of his or her successor. 6. The Director for Performance Review may be removed from office only upon a decision of the Commission after having obtained a favourable opinion of the Regulatory Board for Performance Review. 7. The Director for Performance Review shall not hold any professional position or responsibility with any air navigation service provider after his or her term as Director for Performance Review, for at least a period of two years.
2021/02/05
Committee: TRAN
Amendment 251 #
Proposal for a regulation
Article 5 i (new)
Article 5i Responsibilities of the Director for Performance Review 1. The Director for Performance Review shall be accountable to the Management Board only with respect to administrative and budgetary matters, but shall remain fully independent concerning his or her tasks under paragraph 3. Without prejudice to the respective roles of the Management Board and the Regulatory Board for Performance Review in relation to the tasks of the Director for Performance Review, the Director for Performance Review shall neither seek nor follow any instruction from any government, from the Union institutions, or from any other public or private entity or person. 2. The Director for Performance Review may attend the meetings of the Regulatory Board for Performance Review as an observer. 3. The Director for Performance Review shall be responsible for the implementation of the tasks regarding performance review carried out in accordance with this Regulation. The Director for Performance Review shall take account of the guidance referred to in Article 5b(1), point (b) and, where provided for in this Regulation, the opinions of the Regulatory Board for Performance Review. In particular, the Director for Performance Review shall be responsible for: (a) ensuring the legal representation of the Agency in matters of performance review; (b) carrying out the day-to-day administration of the work on performance review, including exercising appointing authority powers as regard members of the staff whose posts are attributed to the function of Agency acting as PRB. (c) with respect to areas directly or indirectly linked to the work on performance review, preparing the work of the Management Board, participating, without having the right to vote, in the work of the Management Board and implementing the decisions adopted by the Management Board on areas related to the function of the Agency acting as PRB; (d) drafting, consulting, adopting and publishing opinions, recommendations and decisions in respect of the tasks laid out in this Regulation and in respect of the tasks referred to in Article 5aa; (e) implementing the section on performance review activities of the programming document referred to in Article 117a of the [Regulation PRB]; (f) taking the necessary measures, in particular as regards adopting internal administrative instructions and publishing notices, to ensure the functioning of Agency’s work on performance review in accordance with this Regulation. (g) each year, preparing the section on performance review activities of the programming document referred to in Article 117a of the [Regulation PRB] which shall be submitted to the Executive Director of the Agency and integrated in the Agency’s draft programming document. Any change to the input related to performance review shall only be made upon approval of the Director for Performance Review; (h) the section of the annual work programme on performance review in the programming document shall comprise detailed objectives and expected results, including performance indicators. It shall also contain a description of the actions to be financed and an indication of the financial and human resources allocated to each action, in accordance with the principles of activity-based budgeting and management. The section on performance review of the annual work programme shall be coherent with the section on performance review of the multi-annual work programme referred to in paragraph 4. It shall clearly indicate the tasks that have been added, changed or deleted in comparison with the previous financial year. (i) the section on performance review of the multi-annual work programme in the programming document shall set out the overall strategic programming, including objectives, expected results and performance indicators. It shall also set out resource programming, including the multi-annual budget and staff. The resource programming shall be updated annually. The strategic programming shall be updated where appropriate, in particular to address the outcome of the evaluation referred to in Article 5z(1). (j) drawing up a provisional draft estimate of the revenue and expenditure in respect of performance review in accordance with Article 120a(7) of the [Regulation PRB] and submitting it to the Executive Director of the Agency and implement the revenue and expenditure in respect of performance. Any change to the input related to performance review shall only be made upon approval of the Director for Performance Review; (k) preparing annually the draft section on performance review of the consolidated annual activity report including an independent section on the regulatory activities related to performance review and a section on financial and administrative matters, and submitting it to the Executive Director of the Agency for its integration in the consolidated annual activity report. Any change to the input on performance review shall only be made upon approval of the Director for Performance Review; (l) the section on performance review of the consolidated annual activity report shall include an independent section on regulatory activities and a section on financial and administrative matters. The Regulatory Board for Performance Review shall approve the independent section on regulatory activities prior to the submission to the Executive Director of the Agency, in accordance with Article 5b(1), point (e). (j) where activities of the Agency acting as PRB are concerned, preparing, in coordination with the Executive Director of the Agency, an action plan following up on the conclusions of internal or external audit reports and evaluations, as well as on investigations by OLAF, and reporting on progress twice a year to the Commission and report regularly on progress to the Management Board; (k) preparing a proposal for mechanisms and procedures for consultation of stakeholders referred to in Article 38 of this Regulation to be submitted for adoption to the Regulatory Board for Performance Review; (l) proposing for adoption by the Regulatory Board for Performance Review the establishment or modification of the internal structures concerning performance review. (m) preparing the draft communication and dissemination plans concerning performance review referred to Article 5u(5), to be submitted to the Management Board for adoption following the favourable opinion of the Regulatory Board for Performance Review. (n) deciding whether it is necessary for the purpose of carrying out the work of the Agency acting as PRB in an efficient and effective manner to establish one or more local offices in one or more Member States. The decisions referred to in the first subparagraphs require the prior consent of the Regulatory Boar for Performance Review and, where applicable, the Member State where the local office is to be established. Those decisions shall specify the scope of the activities to be carried out at that local office or by that co-located staff in a manner that avoids unnecessary costs and duplication of administrative functions of the Agency. 4. For the purposes paragraph 3, point (d), opinions, recommendations and decisions of the Agency acting as PRB referred to in this Regulation shall be adopted only after having obtained the favourable opinion of the Regulatory Board for Performance Review. Before submitting draft opinions, recommendations or decisions to a vote by the Regulatory Board for Performance Review, the Director for Performance Review shall submit proposals for the draft opinions, recommendations or decisions to the relevant working group for consultation sufficiently in advance. The Director for Performance Review shall take the comments and amendments of the Regulatory Board for Performance Review into account and shall resubmit the revised draft opinion, recommendation or decision to the Regulatory Board for Performance Review for a favourable opinion. Where the Director for Performance Review deviates from or rejects the comments and amendments received from the Regulatory Board for Performance Review, the Director for Performance Review shall also provide a duly justified written explanation. The Director for Performance Review may withdraw submitted draft opinions, recommendations or decisions provided that he/she submits a duly justified written explanation where he/she disagrees with the amendments submitted by the Regulatory Board for Performance Review. In the case of a withdrawal of a draft opinion, recommendation or decision, the Director for Performance Review may issue a new draft opinion, recommendation or decision following the procedure set out in Article 5b(1), point (a) and in the second subparagraph of this paragraph. If the Regulatory Board for Performance Review does not give a favourable opinion on the resubmitted text of the draft opinion, recommendation or decision because its comments and amendments were not adequately reflected in the resubmitted text, the Director for Performance Review may revise the text of the draft opinion, recommendation or decision further in accordance with the amendments and comments proposed by the Regulatory Board for Performance Review in order to obtain its favourable opinion, without having to provide additional written reasons.
2021/02/05
Committee: TRAN
Amendment 252 #
Proposal for a regulation
Article 5 j (new)
Article 5j Functions and operations of the Advisory Board for Performance Review 1. The Advisory Board for Performance Review shall: (a) exchange information about the work of national supervisory authorities and decision-making principles, best practices and procedures as well as with regard to the application of this Regulation. (b) provide opinions and recommendations on guidance material to be issued by the Agency acting as PRB. The opinions and recommendations of the Advisory Board for Performance Review shall not be binding. 2. The Advisory Board for Performance Review shall meet at regular intervals, in order to ensure that national supervisory authorities consult and work together in a network. 3. The Chairperson of the Regulatory Board for Performance Review and the Director for Performance Review may participate in meetings of the Advisory Board for Performance Review and may make recommendations to national supervisory authorities convened as the Advisory Board for Performance Review, as appropriate, on matters related to their expertise on the performance and charging scheme referred to in this Regulation. 4. Subject to the rules on data provided for in Article 31 of [Amended SES2+] and in Regulation (EU) 2018/1725 of the European Parliament and of the Council, the Agency shall provide the secretariat to the Advisory Board for Performance Review and shall support the exchange of the information referred to in paragraph 1 among the members of the Advisory Board for Performance Review, respecting the confidentiality of commercially sensitive information of air navigation service providers.
2021/02/05
Committee: TRAN
Amendment 253 #
Proposal for a regulation
Article 5 k (new)
Article 5k Composition of the Advisory Board for Performance Review 1. The Advisory Board for Performance Review shall be composed of: (a) one senior representative per Member State from the national supervisory authorities referred to in Article 3 of this Regulation and one alternate per Member State from the current senior staff of those authorities, both nominated by the national supervisory authority. (b) one non-voting representative of the Commission, and one alternate. (c) three non-voting representative of Air Navigation Services Providers, commercial and non-commercial civil airspace users and of the airport operators. 2. The Advisory Board for Performance Review shall elect a Chairperson and a Deputy-Chairperson from among its members. The Deputy- Chairperson shall replace the Chairperson if the latter is not in a position to perform his or her duties. The term of office of the Chairperson and of the Deputy-Chairperson shall be two-and- a-half years and shall be renewable. If their membership of the Advisory Board for Performance Review ceases at any time during their term of office, their term of office shall automatically expire on that date.
2021/02/05
Committee: TRAN
Amendment 254 #
Proposal for a regulation
Article 5 l (new)
Article 5l Powers of the Appeal Board for Performance Review 1. The Appeal Board for Performance Review shall be responsible for deciding on appeals against the decisions referred to in this Regulation. The Appeal Board for Performance Review shall be convened as necessary. 2. The decisions of the Appeal Board for Performance Review shall be adopted by a majority of at least four of its six members.
2021/02/05
Committee: TRAN
Amendment 255 #
Proposal for a regulation
Article 5 m (new)
Article 5m Members of the Appeal Board for Performance Review 1. The Appeal Board for Performance Review shall be composed of six members and six alternates selected from among current or former senior staff of the national supervisory authorities referred to in Article 3 of this Regulation; competition authorities or other Union or national institutions with relevant experience in the aviation sector. The Appeal Board for Performance Review shall designate its Chairperson. 2. The members of the Appeal Board for Performance Review shall be formally appointed by the Commission, following a public call for expression of interest, after consulting the Regulatory Board for Performance Review. 3. The members of the Appeal Board for Performance Review shall undertake to act independently and in the public interest. For that purpose, they shall make a written declaration of commitments and a written declaration of interests indicating either the absence of any interest which might be considered prejudicial to their independence or indicating any direct or indirect interest which might be considered prejudicial to their independence. Those declarations shall be made public annually. 4. The term of office of the members of the Appeal Board for Performance Review shall be five years. That term shall be renewable once. 5. The members of the Appeal Board for Performance Review shall be independent in making their decisions. They shall not be bound by any instructions. They shall not perform any other duties in the Agency, in its Management Board or in the Advisory Board for Performance Review. A member of the Appeal Board for Performance Review shall not be removed during his or her term of office, unless he or she has been found guilty of serious misconduct, and the Commission, after receiving the opinion of the Management Board, has taken a decision to that effect. 6. The Appeal Board for Performance Review shall adopt and publish its rules of procedure. Those rules shall set out in detail the arrangements governing the organisation and functioning of the Appeal Board for Performance Review and the rules applicable to appeals before the Appeal Board for Performance Review pursuant to Articles 5k to 5s. The Appeal Board for Performance Review shall notify the Commission of its draft rules of procedure as well as any significant change to those rules. The Commission may provide an opinion on those rules within three months of the date of receipt of the notification.
2021/02/05
Committee: TRAN
Amendment 256 #
Proposal for a regulation
Article 5 n (new)
Article 5n Exclusion and objection in the Appeal Board for Performance Review 1. The members of the Appeal Board for Performance Review shall not take part in any appeal proceedings if they have any personal interest therein, if they have previously been involved as representatives of one of the parties to the proceedings or if they participated in the adoption of the decision under appeal. 2. If, for one of the reasons listed in paragraph 1 or for any other reason, a member of the Appeal Board for Performance Review considers that he or she should not take part in any appeal proceeding, he or she shall inform the Appeal Board for Performance Review accordingly. 3. Any party to the appeal proceedings may object to any member of the Appeal Board for Performance Review on any of the grounds given in paragraph 1, or if the member is suspected of partiality. Any such objection shall not be admissible if, while being aware of a reason for objecting, the party to the appeal proceedings has taken a procedural step. No objection may be based on the nationality of members. 4. The Appeal Board for Performance Review shall decide as to the action to be taken in the cases specified in paragraphs 2 and 3 without the participation of the member concerned. For the purposes of taking this decision, the member concerned shall be replaced on the Appeal Board for Performance Review by his or her alternate. If the alternate finds him or herself in a similar situation to that of the member, the Chairperson shall designate a replacement from among the available alternates.
2021/02/05
Committee: TRAN
Amendment 257 #
Proposal for a regulation
Article 5 o (new)
Article 5o Decisions issued by the Agency acting as PRB subject to appeal 1. An appeal may be brought against decisions of the Agency acting as PRB taken pursuant to this Regulation. 2. An appeal lodged pursuant to paragraph 1 shall not have suspensory effect. The Appeal Board for Performance Review may, however, if it considers that circumstances so require, suspend the application of the contested decision. 3. The Agency acting as PRB shall publish the decisions taken by the Appeal Board for Performance Review.
2021/02/05
Committee: TRAN
Amendment 258 #
Proposal for a regulation
Article 5 p (new)
Article 5p Persons entitled to appeal Any natural or legal person may appeal against a decision issued by the Agency acting as PRB addressed to that person, or against a decision issued by the Agency acting as PRB which, although in the form of a decision addressed to another person, is of direct and individual concern to the former. The parties to proceedings may be party to the appeal proceedings.
2021/02/05
Committee: TRAN
Amendment 259 #
Proposal for a regulation
Article 5 q (new)
Article 5q Time limit and form The appeal shall include a statement of the grounds for appeal and shall be filed in writing to the Agency acting as PRB within two months of the notification of the decision to the person concerned, or, in the absence thereof, within two months of the date on which the Agency acting as PRB published its decision. The Appeal Board for Performance Review shall decide upon the appeal within four months of the lodging of the appeal.
2021/02/05
Committee: TRAN
Amendment 260 #
Proposal for a regulation
Article 5 r (new)
Article 5r Interlocutory revision 1. Before examining the appeal, the Appeal Board for Performance Review shall give the Agency acting as PRB the opportunity to review its decision. If the Director for Performance Review considers the appeal to be well founded, he or she shall rectify the decision within two months from being notified by the Appeal Board for Performance Review. That shall not apply where the appellant is opposed to another party to the appeal proceedings. 2. If the decision is not rectified, the Appeal Board for Performance Review shall forthwith decide whether or not to suspend the application of the decision pursuant to Article 114n(2).
2021/02/05
Committee: TRAN
Amendment 261 #
Proposal for a regulation
Article 5 s (new)
Article 5s Examination of appeals 1. The Appeal Board for Performance Review shall assess whether the appeal is admissible and well founded. 2. When examining the appeal pursuant to paragraph 1, the Appeal Board for Performance Review shall act expeditiously. It shall as often as necessary invite the parties to the appeal proceedings to file, within specified time limits, written observations on notifications issued by itself or on communications from other parties to the appeal proceedings. The Appeal Board for Performance Review may decide to hold an oral hearing, either of its own motion or at the substantiated request of one of the parties to the appeal.
2021/02/05
Committee: TRAN
Amendment 262 #
Proposal for a regulation
Article 5 t (new)
Article 5t Decisions on appeal Where the Appeal Board for Performance Review finds that the appeal is not admissible or that the grounds for appeal are not founded, it shall reject the appeal. Where the Appeal Board for Performance Review finds that the appeal is admissible and that the grounds for appeal are founded, it shall remit the case to the Agency acting as PRB. The Agency acting as PRB shall take a new reasoned decision taking into account the decision by the Appeal Board for Performance Review.
2021/02/05
Committee: TRAN
Amendment 263 #
Proposal for a regulation
Article 5 u (new)
Article 5u Actions before the Court of Justice 1. Actions for the annulment of a decision issued by the Agency acting as PRB pursuant to this Regulation and actions for failure to act within the applicable time limits may be brought before the Court of Justice only after the exhaustion of the appeal procedure referred to in Articles 5k to 5s. 2. The Agency acting as PRB shall take the necessary measures to comply with the judgments of the Court of Justice.
2021/02/05
Committee: TRAN
Amendment 264 #
Proposal for a regulation
Article 5 v (new)
Article 5v Transparency, communication and procedures for issuing opinions, recommendations and decisions by the Agency acting as PRB 1. In carrying out its tasks, the Agency acting as PRB shall extensively consult at an early stage the stakeholders listed in Article 38(3) of this Regulation and, where relevant, competition authorities, without prejudice to their respective competence, in an open and transparent manner. In accordance with Article 38 of this Regulation the Agency acting as PRB shall establish consultation mechanisms for appropriate involvement of those stakeholders. For this purpose, the Director for Performance Review shall draft a proposal for those mechanisms and, after having obtained the favourable opinion of the Regulatory Board for Performance Review on the draft, shall submit it to the Management Board for adoption. 2. The Agency acting as PRB shall ensure that the public and any interested parties are, where appropriate, given objective, reliable and easily accessible information, in particular with regard to the results of its work. All documents and minutes of consultation meetings shall be made public. 3. The Agency acting as PRB shall make public, on its website, at least the agenda, the background documents and, where appropriate, the minutes of the meetings of the Regulatory Board for Performance Review and of the Appeal Board for Performance Review. 4. The Agency acting as PRB shall adopt and publish adequate and proportionate procedures for issuing opinions, recommendations and decisions by the Agency acting as PRB, in accordance with the procedure set out in Article 5b(1) point (f). Those procedures shall: (a) ensure that the Agency acting as PRB publishes documents and widely consults interested parties, in accordance with a timetable and a procedure which includes an obligation on the Agency acting as PRB to give a written response to the consultation process; (b) ensure that before taking any individual decision as provided for in this Regulation and in this Regulation, the Agency acting as PRB informs any party concerned of its intention to adopt that decision, and shall set a time limit within which the party concerned may express its views on the matter, taking full account of the urgency, complexity and potential consequences of the matter; (c) ensure that individual decisions of the Agency acting as PRB states the reasons on which they are based for the purpose of allowing an appeal on the merits; (d) where the Agency acting as PRB issues a decision, provide for the natural or legal person to whom the decision is addressed, and any other parties to proceedings, to be informed of the legal remedies available to them under this Regulation; (e) specify the conditions under which decisions are notified to the persons concerned, including information on the available appeal procedures as provided for in this Regulation. 5. The Agency acting as PRB may engage in communication activities on its own initiative within its field of competence on performance review, and in doing so shall be represented by the Director for Performance Review. The allocation of resources to communication activities shall not be detrimental to the effective exercise of the tasks and powers referred to in this Regulation. Communication activities shall be carried out in accordance with relevant communication and dissemination plans adopted by the Management Board in accordance with point (g) of Article 5b(1)’;
2021/02/05
Committee: TRAN
Amendment 265 #
Proposal for a regulation
Article 5 w (new)
Article 5w Budget of the Agency for its functions as PRB 1. The Agency shall account the revenue and expenditure for performance review separately from other revenue and expenditure. Such revenue and expenditure shall be in balance, in accordance with and subject to paragraph 2. 2. Surpluses shown in the account referred to in paragraph 1 shall be transferred to the reserve fund established in accordance with paragraph 6. Losses shown in the account referred to in Article paragraph 1 shall be covered through transfers from that reserve fund. Where a significant positive or negative budget result becomes recurrent, the level of fees and charges referred to in paragraph 3 points (a) and (d) and Article 5y shall be revised 3. The revenues of the Agency for its functions as PRB shall comprise: (a) fees levied by the Agency acting as PRB on designated air traffic service providers for services related to performance plan assessment, target- setting and monitoring; (b) annual contributions from designated air traffic service providers, based on the annual estimated expenditure relating to the activities on performance review to be carried out by the Agency acting as PRB as required by this Regulation for each category of designated air traffic service providers; (c) any voluntary financial contribution from the Member States or the national supervisory authorities referred to in Article 3 of this Regulation (d) charges for publications and any other service provided by the Agency acting as PRB; (e) any contribution from third countries or other entities, provided that such a contribution does not compromise the independence and impartiality of the Agency acting as PRB. 4. All revenue and expenditure of the Agency for its functions as PRB shall be the subject of forecasts for each financial year, coinciding with the calendar year, and shall be entered in its budget. 5. The revenue received by the Agency for its functions as PRB shall not compromise its neutrality, independence or objectivity. 6. The Agency acting as PRB shall establish a reserve fund covering one year of its operational expenditure to ensure the continuity of its operations and the execution of its tasks. It shall be reviewed each year to ensure that it is limited to annual needs. 7. The Director for Performance Review shall draw up each year a draft estimate of the revenue and expenditure for performance review for the following year together with the list of posts for performance review and shall submit them to the Executive Director for its integration in the draft statement of estimates of the Agency’s revenue and expenditure referred to in paragraph 6; 8. The annual contributions referred to in paragraph 3, point (b) shall be collected for five financial years. To this effect, they shall be due for the first time by 31 March [XXXX - year] – OP please insert the first financial year beginning after the entry into force of this Regulation)], in respect of that financial year, and on 31 March of each of the four subsequent financial years, for those financial years respectively. The Commission shall be empowered to adopt delegated acts in accordance with Article 36 and Article 5z to supplement certain non-essential elements of the legislative act, with regard to the calculation of annual contribution by designated air traffic service providers provided in this paragraph.
2021/02/05
Committee: TRAN
Amendment 266 #
Proposal for a regulation
Article 5 x (new)
Article 5x Evaluation 1. In conjunction with the evaluation referred to in Article 43 of this Regulation, the Commission shall, by the deadline defined in that Regulation, carry out an evaluation to assess the Agency’s performance as PRB in relation to its objectives, tasks and powers. The evaluation shall in particular address the possible need to modify the tasks and powers of the Agency acting as PRB, and the financial implications of any such modification. 2. Where the Commission considers that the continued existence of the PRB function is no longer justified with regard to its assigned objectives, tasks and powers, it may propose that this Regulation and [Regulation PRB ] be amended accordingly. 3. The Commission shall forward the evaluation findings related to the activity of the Agency acting as PRB, together with its conclusions, to the European Parliament, the Council and the Management Board. The findings of the evaluation and the recommendations shall be made public.
2021/02/05
Committee: TRAN
Amendment 267 #
Proposal for a regulation
Article 5 y (new)
Article 5y Fees and charges of the Agency acting as PRB 1. Fees of the Agency acting as PRB shall be levied for: (a) the assessment of the allocation of costs between en route and terminal air navigation services, in accordance with Article 13(6) of this Regulation. (b) the assessment, for each initial or revised draft performance plan presented to the Agency acting as PRB, carried out in accordance with Article 13(7) to (9) of this Regulation; (c) where the Agency acts as a supervisory authority in accordance with Article 3(8) of this Regulation, the assessment, for each initial or revised draft performance plan presented to the Agency acting as PRB, carried out in accordance with Article 14(6) to (8) of this Regulation; (d) the establishment of performance targets of designated air traffic service providers in accordance with Article 13(9) of this Regulation; (e) where the Agency acts as a supervisory authority in accordance with Article 3(8) of this Regulation, the establishment of performance targets of designated air traffic service providers in accordance with Article 14(8) of this Regulation; (f) the assessment of requests for permissions to revise targets and performance plans of air traffic service providers in accordance with Article 17(3) and (4) of this Regulation; (g) the verification of unit rates in preparation of the setting of those rates by the national supervisory authorities, in accordance with Article 21 of this Regulation; (h) the issuance of reports, in respect of individual air traffic service providers, on the monitoring of performance in accordance with Article 13(11) of this Regulation and, where the Agency acts as a supervisory authority in accordance with Article 3(8) of this Regulation in accordance with Article 14(10) of this Regulation; (i) the adoption of corrective measures in accordance with Article 13(11) of this Regulation and, where the Agency acts as a supervisory authority in accordance with Article 3(8) of this Regulation, in accordance with Article 14(10) of that Regulation; (j) the processing of appeals. 2. The charges levied for publications and the provision of any other service by the Agency acting as PRB as referred to in Article 5v(3) shall reflect the actual cost of each individual service provided. 3. The amount of the fees and charges shall be fixed by the Commission in accordance with paragraph 4. They shall be fixed at such a level as to ensure that the revenue in respect thereof covers the full cost of the activities related to the services delivered, and to avoid a significant accumulation of surplus. All expenditure regarding members of staff whose posts are dedicated to the function of the Agency acting as PRB, in particular the employer’s pro-rata contribution to the pension scheme, shall be reflected in that cost. The fees and charges shall be assigned revenues for the Agency acting as PRB for activities related to services for which fees and charges are due. 4. The Commission shall be empowered to adopt delegated acts in accordance with Article 36 to supplement certain non-essential elements of the legislative act, with regard to the fees and charges levied by the Agency for its function as PRB. Those delegated acts shall lay down detailed criteria and a detailed methodology with regard to the amount of fees and charges and the way in which they are paid.
2021/02/05
Committee: TRAN
Amendment 268 #
Proposal for a regulation
Article 5 z (new)
Article 5z Calculation of annual contribution by designated air traffic service providers The Commission shall be empowered to adopt delegated acts in accordance with Article 36 and Article 5v(8) to supplement certain non-essential elements of the legislative act, with regard to the calculation of annual contribution by designated air traffic service providers provided in this paragraph. Those delegated acts shall lay down: (a) a methodology to allocate the estimated expenditure to categories of designated air traffic service providers, as a basis for determining the share of contributions to be made by designated air traffic service providers of each category; (b) appropriate and objective criteria to determine the annual contributions payable by individual designated air traffic service providers based on their size so as to approximately reflect their importance in the market. The categories referred to in point (a) of the first paragraph shall be firstly en route air traffic service providers, secondly terminal air traffic service providers subject to the oversight of the Agency acting as PRB, and thirdly providers offering both types of services. The criteria to be established in accordance with point (b) shall in particular ensure equal treatment of the providers concerned, in respect of each type of service. The size of the air traffic service providers shall be calculated based on the amount of actual revenues produced by the provision of air navigation services over the reference period preceding the reference period during which this Regulation enters into force.
2021/02/05
Committee: TRAN
Amendment 269 #
Proposal for a regulation
Article 5 aa (new)
Article 5aa Cooperation agreements on performance review 1. Insofar as the activities of the Agency acting as PRB are concerned, the Agency shall be open to the participation of third countries which have concluded agreements with the Union and which have adopted and are applying the relevant rules of Union law in the field of air traffic management including, in particular, the rules on independent national supervisory authorities and on performance scheme and charging scheme. 2. Subject to the conclusion of an agreement to that effect between the Union and third countries as referred to in paragraph 1, the Agency acting as PRB may also exercise its tasks under [Amended SES2+] with regard to third countries, provided that those third countries have adopted and apply the relevant rules in accordance with paragraph 1 and have mandated the Agency acting as PRB to coordinate the activities of their national supervisory authorities with those of the national supervisory authorities of Member States. 3. The agreements referred to in paragraph 1 shall specify the nature, scope and procedural aspects of the involvement of those countries in the work of the Agency acting as PRB and shall include provisions relating to financial contributions and to staff. Those agreements may provide for the establishment of working arrangements.
2021/02/05
Committee: TRAN
Amendment 278 #
Proposal for a regulation
Article 6 – paragraph 1 – introductory part
1. Air navigation service providers shall, in addition to the certificates they are required to hold pursuant to Article 41 of Regulation (EU) No 2018/1139, hold an economic certificate. This economic certificate shall be issued upon application, when the applicant has demonstrated sufficient financial robustness and has obtained appropriate liability and insurance cover.
2021/02/05
Committee: TRAN
Amendment 293 #
Proposal for a regulation
Article 6 – paragraph 5 – point b a (new)
(ba) take enforcement measures which may, where appropriate, include fines and periodic penalty payments, the amendment, limitation, suspension or revocation of economic certificates.
2021/02/05
Committee: TRAN
Amendment 297 #
Proposal for a regulation
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.
2021/02/05
Committee: TRAN
Amendment 302 #
Proposal for a regulation
Article 7 – paragraph 1 – introductory part
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 individually or collectively, designate on the basis of a competitive tendering procedure in accordance with Article 35a (new) of this Regulation one or more air traffic service provider(s). The air traffic service providers shall fulfill the following conditions:
2021/02/05
Committee: TRAN
Amendment 307 #
Proposal for a regulation
Article 7 – paragraph 1 – point b a (new)
(ba) they shall fulfil the requirements on service quality in consistence with the Union wide performance targets;
2021/02/05
Committee: TRAN
Amendment 317 #
Proposal for a regulation
Article 7 – paragraph 1 – subparagraph 1 a (new)
The duration of an air traffic service contract shall not exceed the length of the reference period.
2021/02/05
Committee: TRAN
Amendment 326 #
Proposal for a regulation
Article 7 – paragraph 3
3. Member States shall specify in the air traffic service contract the rights and obligations to be met by the air traffic service providers , designated individually or jointly. The obligations shall include conditions for making available relevant data enabling all aircraft movements to be identified in the airspace under their responsibility.
2021/02/05
Committee: TRAN
Amendment 330 #
Proposal for a regulation
Article 8 – title
Conditions regarding tThe provision of CNS, AIS, ADS, MET and terminal air traffic services
2021/02/08
Committee: TRAN
Amendment 332 #
Proposal for a regulation
Article 8 – paragraph 1 – introductory part
1. Where this enables cost-efficiency gains to the benefit of airspace users, aAir traffic service providers may decide toshall procure CNS, AIS, ADS or MET services under market conditions, unless they prove to the National supervisory authorities concerned that the procurement would result in a loss of cost efficiency to the detriment of the airspace users.
2021/02/08
Committee: TRAN
Amendment 343 #
Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 1
Where this enables cost-efficiency gains to the benefit of airspace users,The national supervisory authorities shall be responsible for assessing and approving this proof. Member States shall allow airport operators to procure terminal air traffic services for aerodrome control under market conditions.
2021/02/08
Committee: TRAN
Amendment 358 #
Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 2
In addition, where this enables cost- efficiency gains to the benefit of airspace users, Member States mayshall allow airport operators or the national supervisory authority concerned to procure terminal air traffic services for approach control under market conditions.
2021/02/08
Committee: TRAN
Amendment 363 #
Proposal for a regulation
Article 8 – paragraph 2
2. Procurement of services under market conditions shall be on the basis of equal, non-discriminatory and transparent conditions in accordance with Union law including Treaty rules on competition. The tender procedures for the procurement of the services concerned shall be designed so as to enable the effective participation of competing providers in these procedures including through regular reopening of competition. The period of service allocation following the tender procedure shall not exceed the reference period.
2021/02/08
Committee: TRAN
Amendment 386 #
Proposal for a regulation
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.
2021/02/08
Committee: TRAN
Amendment 390 #
Proposal for a regulation
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.
2021/02/08
Committee: TRAN
Amendment 395 #
Proposal for a regulation
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.
2021/02/08
Committee: TRAN
Amendment 398 #
Proposal for a regulation
Article 9 – paragraph 4 a (new)
4a. The Commission shall lay down, by delegated acts referred to in Article 36, detailed requirements for traffic management of unmanned and manned aircraft operations that supports safe and shared use of the airspace, including making available of and the access to data, and the methodology to set the prices in accordance with paragraphs 2, 3 and 4.
2021/02/08
Committee: TRAN
Amendment 470 #
Proposal for a regulation
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.
2021/02/08
Committee: TRAN
Amendment 563 #
Proposal for a regulation
Article 13 – paragraph 11 – subparagraph 1
The Agency acting as PRB shall issue regular reports, within the time limits referred to in the implementing acts to be adopted in accordance with Article 18, on the monitoring of performance of en route air navigation services and network functions, including regular assessments of the achievement of the en route Union- wide performance targets and of performance targets for en route air navigation services for air traffic service providers and making the results of those assessments publicly available. The designated air traffic service provider shall provide the information and data necessary for the monitoring of the performance of air navigation services. This shall include information and data related to actual costs and revenues. Where performance targets are not reached or the performance plan is not correctly implemented, the Agency acting as PRB shall issue decisions requiring corrective measures, including fines and periodic penalty payments in accordance with Article 42a of this Regulation and Article 84a of Regulation [EASA-PRB], to be implemented by the air traffic service providers. These corrective measures may include, where objectively necessary, a requirement for an air traffic service provider to delegate the provision of the relevant services to another air traffic service provider. Where the performance targets continue to be missed, or where the performance plan continues to be incorrectly implemented or where corrective measures imposed are not or not properly applied, the Agency acting as PRB shall conduct an investigation and provide an opinion to the Commission in accordance with Article 24(2). The Commission may take action in accordance with Article 24(3).
2021/02/08
Committee: TRAN
Amendment 580 #
Proposal for a regulation
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.
2021/02/08
Committee: TRAN
Amendment 639 #
Proposal for a regulation
Article 14 – paragraph 10 – subparagraph 2
Where performance targets are not reached or the performance plan is not correctly implemented, the national supervisory authority shall issue decisions requiring corrective measures to be implemented by the air traffic service providers. These corrective measures mayshall include mechanisms, such as fines and periodic penalty payments, and/or, where objectively necessary, a requirement for an air traffic service provider to delegate the provision of the relevant services to another air traffic service provider. Where the performance targets continue to be missed, or where the performance plan continues to be incorrectly implemented, or where corrective measures imposed are not or not properly applied, the national supervisory authority shall request the Agency acting as PRB to conduct an investigation in accordance with Article 24(2), and the Commission may take action in accordance with Article 24(3).
2021/02/08
Committee: TRAN
Amendment 650 #
Proposal for a regulation
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.
2021/02/08
Committee: TRAN
Amendment 705 #
Proposal for a regulation
Article 20 – paragraph 6
6. Designated air traffic service providers shall provide full details of their cost base to the Agency acting as PRB, the national supervisory authorities, and the Commission. To this end, costs shall be broken down in line with the separation of accounts referred to in Article 25(3), and by distinguishing staff costs, operating costs other than staff costs, depreciation costs, cost of capital, costs incurred for fees and charges paid to the Agency acting as PRB, and exceptional costs.
2021/02/08
Committee: TRAN
Amendment 733 #
Proposal for a regulation
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, increased capacity, reduced delays 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. These modulations must, as a minimum requirement, pay due consideration to use by airspace users of available routes that reduce aircraft emissions.
2021/02/09
Committee: TRAN
Amendment 737 #
Proposal for a regulation
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.
2021/02/09
Committee: TRAN
Amendment 758 #
Proposal for a regulation
Article 24 – paragraph 2
2. At the request of one or more Member States, of a national supervisory authority or of the Commission, the Agency acting as PRB shall carry out an investigation into any allegation of non- compliance as referred to in paragraph 1. Where it has indications of such non- compliance, the Agency acting as PRB mayshall initiate an investigation on its own initiative. It shall conclude the investigation within four months of receipt of a request, after having heard the Member State, the national supervisory authority concerned and the designated air traffic service provider concerned. Without prejudice to Article 41(1), the Agency acting as PRB shall share the results of the investigation with the Member States concerned, the air traffic service providers concerned and the Commission.
2021/02/09
Committee: TRAN
Amendment 759 #
Proposal for a regulation
Article 24 – paragraph 3
3. The Commission mayshall issue an opinion on whether Articles 10 to 17 and 19 to 22 and the implementing acts referred to in Articles 18 and 23 have been complied with by Member States and/or air traffic service providers and shall notify this opinion to the Member State or Member States and the air traffic service provider concerned.
2021/02/09
Committee: TRAN
Amendment 761 #
Proposal for a regulation
Article 25 – paragraph 1
1. Air navigation service providers, independently of their system of ownership or legal structures , shall annually draw up and publish their financial accounts. These accounts shall comply with the international accounting standards adopted by the Union . Where, owing to the legal status of the air navigation service provider, full compliance with the international accounting standards is not possible, the provider shall achieve such compliance to the maximum possible extentwithin 1 year from the entry in force of this Regulation. Air navigation service providers shall publish an annual report and regularly undergo an independent audit for the accounts referred to in this paragraph .
2021/02/09
Committee: TRAN
Amendment 803 #
Proposal for a regulation
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);
2021/02/09
Committee: TRAN
Amendment 844 #
Proposal for a regulation
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;. These measures shall include corrections made to the flight plan submitted in order to minimise its environmental impact. In that case, paragraph 7 shall not apply.
2021/02/09
Committee: TRAN
Amendment 849 #
Proposal for a regulation
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;
2021/02/09
Committee: TRAN
Amendment 885 #
Proposal for a regulation
Article 33 – paragraph 3
3. Where, in particular following the reports submitted by Member States, it becomes necessary to reinforce and harmonise the application of the concept of the flexible use of airspace, the relevant technological airspace infrastructure and technical innovation within the single European sky, the Commission and the Agency shall adopt measures within the context of the common transport policy such as the harmonization of training for air traffic controllers. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 37(3).
2021/02/09
Committee: TRAN
Amendment 887 #
Proposal for a regulation
Article 35 – paragraph 1
1. The Commission may set up common projects for implementing the essential operational changes identified in the European ATM Master Plan having a network-wide impact. Such projects shall support a timely and synchronised deployment of the priority enablers towards the Digital European Sky and European Green Deal. They shall further support the improvement of the performance of the European aviation system in key areas such as capacity, flight and cost efficiency, the provision of enabling services such as advanced communications, as well as environmental sustainability, within the overriding safety objective.
2021/02/09
Committee: TRAN
Amendment 890 #
Proposal for a regulation
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.
2021/02/09
Committee: TRAN
Amendment 898 #
Proposal for a regulation
Article 35 a (new)
Article 35a Final Provision The Commission shall adopt delegated acts in accordance with Article 36 concerning the tendering procedure to be followed by the Member States when designating air traffic service providers, in accordance with Directive 2014/24/EU1a and Directive 2014/25/EU2a. __________________ 1aDirective 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement and repealing Directive 2004/18/EC. 2aDirective 2014/25/EU of the European Parliament and of the Council of 26 February 2014 on procurement by entities operating in the water, energy, transport and postal services sectors and repealing Directive 2004/17/EC.
2021/02/09
Committee: TRAN
Amendment 900 #
Proposal for a regulation
Article 36 – paragraph 2
2. The delegation of power referred to in Articles 6, 9, 26 and 2642a shall be conferred on the Commission for a period of seven years from [the date of the publication of this Regulation]. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.
2021/02/09
Committee: TRAN
Amendment 901 #
Proposal for a regulation
Article 36 – paragraph 3
3. The delegation of power referred to in Articles 6, 9, 26 and 2642a may be revoked at any time by the European Parliament or by the Council. A decision of revocation shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.
2021/02/09
Committee: TRAN
Amendment 904 #
Proposal for a regulation
Article 36 – paragraph 5
5. A delegated act adopted pursuant to Articles 6, 9, 26 and 2642a shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of 2 months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by 2 months at the initiative of the European Parliament or the Council.
2021/02/09
Committee: TRAN
Amendment 906 #
Proposal for a regulation
Article 38 – title
Industry Consultation of stakeholdersBody
2021/02/09
Committee: TRAN
Amendment 916 #
Proposal for a regulation
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.
2021/02/09
Committee: TRAN
Amendment 919 #
Proposal for a regulation
Article 42 – paragraph 1
Member States shall lay down rules on penalties applicable to infringements of this Regulation, except for the rules on fines and periodic penalty payments when the Agency is acting as referred to in Article 42a, and of the delegated and implementing acts adopted on the basis thereof in particular by airspace users , airport operators and air navigation service providers , and shall take all measures necessary to ensure that they are implemented. The penalties provided for shall be effective, proportionate and dissuasive.
2021/02/09
Committee: TRAN
Amendment 921 #
Proposal for a regulation
Article 42 a (new)
Article 42a Fines and periodic penalty payments when the Agency is acting as PRB 1. The Commission may, at the request of the Agency acting as PRB, impose on a legal or natural person responsible for the performance of Air Navigation Service Providers, in accordance with this Regulation and Article 84a of Regulation 2018/1139, either one or both of the following: (a) a fine, where that person infringed, intentionally or negligently, one of the provisions of this Regulation; (b) a periodic penalty payment where that person continues to infringe one of those provisions, in order to compel that person to comply with those provisions. 2. The fines and periodic penalty payments referred to in paragraph 1 shall be effective and proportionate. The amount of the fines shall not exceed 4 % 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. 3. The Commission shall only impose fines and periodic penalty payments pursuant to paragraph 1 when other measures provided for in this Regulation and in the delegated and implementing acts adopted on the basis thereof to address such infringements are inadequate or disproportionate. 4. With regard to the imposition of fines and periodic penalty payments in accordance with this Article, the Commission shall adopt delegated acts in accordance with Article 36, laying down: (a) detailed criteria and a detailed methodology for establishing the amounts of the fines and periodic penalty payments; (b) detailed rules for enquiries, associated measures and reporting, as well as decision-making, including provisions on rights of defence, access to file, legal representation, confidentiality and temporary provisions; and (c) procedures for the collection of the fines and periodic penalty payments. 5. The Court of Justice shall have unlimited jurisdiction to review decisions of the Commission taken pursuant to paragraph 1. It may cancel, reduce or increase the fine or periodic penalty payment imposed. 6. The decisions of the Commission taken pursuant to paragraph 1 shall not be of a criminal law nature.
2021/02/09
Committee: TRAN
Amendment 926 #
Proposal for a regulation
Article 46 – paragraph 2 – introductory part
2. Article 3(3) shall apply from [OP please insert the date - 4812 months after the entry into force of this Regulation].
2021/02/09
Committee: TRAN