105 Amendments of Jan-Christoph OETJEN related to 2013/0186(COD)
Amendment 30 #
Proposal for a regulation
Recital 10
Recital 10
(10) To ensure the consistent and sound oversight of service provision across Europe, the national supervisory authorities should be guaranteed sufficientbudgetary and financial independence and sufficient resources. This should not prevent a national supervisory authority from being part of a regulatory authority competent for several regulated sectors if that regulatory authority fulfils the independence requirements, or from being joined in terms of its organisation with the national competition authority. .
Amendment 34 #
Proposal for a regulation
Recital 11
Recital 11
(11) The financing of the national supervisory authorities should guarantee their independence, and should allow them to operate in accordance with the principles of fairness, transparency, non- discrimination and proportionality. Appropriate procedures and criteria for appointing staff should contribute to guaranteeing the independence of the national supervisory authorities, ensuring in particular that the appointment of persons in charge of strategic decisions is made by a public authority, which does not directly exert ownership rights over air navigation service providers.
Amendment 46 #
Proposal for a regulation
Recital 17
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.
Amendment 49 #
Proposal for a regulation
Recital 18
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).
Amendment 54 #
Proposal for a regulation
Recital 20
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).
Amendment 56 #
Proposal for a regulation
Recital 21
Recital 21
(21) The entry of unmanned aircraft operations must lead to a safe and shared use of the European airspace amongst unmanned and traditional operations. The traffic management of unmanned aircraft in an integrated manner requires the availability of common information services in order to create a common understanding of airspace activity in a given piece of airspace. In order to contain the costs of such traffic management, prices for common information services should be based on cost and a reasonable mark-up for profit, and should be subject to approval by national supervisory authorities. To enable the provision of the service, the required data should be made available by air navigation service providers.
Amendment 58 #
Proposal for a regulation
Recital 21 a (new)
Recital 21 a (new)
(21a) The traffic management of unmanned aircrafts requires the availability of U-space services. Considering the vulnerability of the counterparty in the provision of U-space services, charging schemes should pay utmost attention to the safeguard of the affordability principle.
Amendment 59 #
Proposal for a regulation
Recital 22
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.
Amendment 67 #
Proposal for a regulation
Recital 25
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.
Amendment 68 #
Proposal for a regulation
Recital 25 a (new)
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.
Amendment 69 #
Proposal for a regulation
Recital 25 b (new)
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.
Amendment 70 #
Proposal for a regulation
Recital 25 c (new)
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
Amendment 71 #
Proposal for a regulation
Recital 25 d (new)
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
Amendment 72 #
Proposal for a regulation
Recital 25 e (new)
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.
Amendment 73 #
Proposal for a regulation
Recital 25 f (new)
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.
Amendment 74 #
Proposal for a regulation
Recital 25 g (new)
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.
Amendment 75 #
Proposal for a regulation
Recital 25 h (new)
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.
Amendment 83 #
Proposal for a regulation
Recital 29
Recital 29
(29) Mechanisms for modulation of charges to improve environmental performance and service quality, notably through increased use of sustainable alternative fuels, alternative clean propulsion technologies, more direct- routing, increased capacity and reduced delays, while maintaining an optimum safety level, should be set up at Union-wide level given the cross-border nature of aviation. National supervisory authorities should also have the possibility to establish mechanisms at local level regarding terminal services.
Amendment 108 #
Proposal for a regulation
Recital 39
Recital 39
(39) The concept of common projects should aim at implementing, in a timely, coordinated and synchronised manner, the essential operational changes identified in the European ATM Master Plan which have a network-wide impact. In particular the common projects should promote and accelerate the update of new digital technologies that are critical to the future scalability, resilience and sustainability of the ATM system in Europe. The Commission should be charged with carrying out a cost-benefit analysis in respect of the funding with a view to speedying up the deployment of the SESAR project.
Amendment 127 #
Proposal for a regulation
Article 2 – paragraph 1 – point 10 a (new)
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;
Amendment 128 #
Proposal for a regulation
Article 2 – paragraph 1 – point 10 b (new)
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;
Amendment 138 #
Proposal for a regulation
Article 2 – paragraph 1 – point 22 a (new)
Article 2 – paragraph 1 – point 22 a (new)
22a. “U-space airspace” means a UAS geographical zone designated by Member States, where UAS operations are only allowed to take place with the support of U-space services provided by an U-Space service provider;
Amendment 139 #
Proposal for a regulation
Article 2 – paragraph 1 – point 22 b (new)
Article 2 – paragraph 1 – point 22 b (new)
22b. “U-space service” means a service relying on a high level of digitalisation and automation of functions designed to support safe, efficient and secure access to U-space airspace for a large numbers of UAS;
Amendment 140 #
Proposal for a regulation
Article 2 – paragraph 1 – point 22 c (new)
Article 2 – paragraph 1 – point 22 c (new)
22c. “U-space service provider” means any legal or natural person providing or intending to provide U-space services;
Amendment 142 #
Proposal for a regulation
Article 2 – paragraph 1 – point 26
Article 2 – paragraph 1 – point 26
26. ‘cooperative decision-making’ means a process in which decisions by the Network Manager are made based on interaction and consultation with Member States, operational stakeholders and other actors as appropriate;
Amendment 167 #
Proposal for a regulation
Article 3 – paragraph 3 – introductory part
Article 3 – paragraph 3 – introductory part
3. Without prejudice to paragraph 1, the national supervisory authorities shall be legally distinct and independent from a legal, budgetary and financial point of view from any other public or private entity in terms of their organisation, functioning, legal structure and decision-making.
Amendment 185 #
Proposal for a regulation
Article 3 – paragraph 5 – point b a (new)
Article 3 – paragraph 5 – point b a (new)
(ba) they shall not be seconded from air navigation service providers or companies under the control of an air navigation service provider.
Amendment 202 #
Proposal for a regulation
Article 3 – paragraph 6 – subparagraph 2
Article 3 – paragraph 6 – subparagraph 2
Persons in charge of strategic decisions, audits or other functions directly linked to performance targets or oversight of air navigation service providers, shall not hold any professional position or responsibility with any air navigation service provider after their term in the national supervisory authority, for at least a period of two year of more than six months, for: (i) at least 12 months for staff in managerial positions; (ii) at least six months for staff in non- managerial positions.
Amendment 210 #
Proposal for a regulation
Article 3 – paragraph 7
Article 3 – paragraph 7
7. Member States shall ensure that national supervisory authorities have the necessary financial resources and capabilities to carry out the tasks assigned to them under this Regulation in an efficient and timely manner. The national supervisory authorities shall manage their staff based on their own appropriations, to be set in proportion toaccordance with the tasks to be fulfilled by the authority in accordance with Article 4.
Amendment 213 #
Proposal for a regulation
Article 3 – paragraph 8 – subparagraph 1 a (new)
Article 3 – paragraph 8 – subparagraph 1 a (new)
The Member State may reobtain the responsibility of the tasks of the national supervisory authority which the Agency acting as Performance Review Body (PRB) was requested to carry out subject to: (i) the submission of proof that the national supervisory authority is capable of performing the reobtained tasks; (ii) the reallocation of tasks starting from the beginning of a given reference period.
Amendment 218 #
Proposal for a regulation
Article 3 – paragraph 10
Article 3 – paragraph 10
10. The Commission shall establish detailed rules laying down the modalities of recruitment criteria and selection procedures referred to in paragraph 5, points (a) and (b). Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 37(3).
Amendment 225 #
Proposal for a regulation
Article 4 – paragraph 1 – point c
Article 4 – paragraph 1 – point c
(c) applyimplement the performance and charging schemes set out in in Articles 10 to 17 and 19 to 22 and the implementing acts referred to in Articles 18 and 23, within the limits of their tasks defined in those articles and acts, and oversee the application of the Regulation regarding the transparency of accounts of designated air traffic service providers in accordance with Article 25.
Amendment 233 #
Proposal for a regulation
Article 4 – paragraph 3 – subparagraph 1
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.
Amendment 238 #
Proposal for a regulation
Article 5 – paragraph 3
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.
Amendment 240 #
Proposal for a regulation
Article 5 – paragraph 5
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.
Amendment 242 #
Proposal for a regulation
Chapter 2 a (new)
Chapter 2 a (new)
CHAPTER IIa - Performance Review Body
Amendment 243 #
Proposal for a regulation
Article 5 a (new)
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].
Amendment 244 #
Proposal for a regulation
Article 5 b (new)
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.
Amendment 245 #
Proposal for a regulation
Article 5 c (new)
Article 5 c (new)
Amendment 246 #
Proposal for a regulation
Article 5 d (new)
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.
Amendment 247 #
Proposal for a regulation
Article 5 e (new)
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.
Amendment 248 #
Proposal for a regulation
Article 5 f (new)
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.
Amendment 249 #
Proposal for a regulation
Article 5 g (new)
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.
Amendment 250 #
Proposal for a regulation
Article 5 h (new)
Article 5 h (new)
Amendment 251 #
Proposal for a regulation
Article 5 i (new)
Article 5 i (new)
Amendment 252 #
Proposal for a regulation
Article 5 j (new)
Article 5 j (new)
Amendment 253 #
Proposal for a regulation
Article 5 k (new)
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.
Amendment 254 #
Proposal for a regulation
Article 5 l (new)
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.
Amendment 255 #
Proposal for a regulation
Article 5 m (new)
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.
Amendment 256 #
Proposal for a regulation
Article 5 n (new)
Article 5 n (new)
Amendment 257 #
Proposal for a regulation
Article 5 o (new)
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.
Amendment 258 #
Proposal for a regulation
Article 5 p (new)
Article 5 p (new)
Amendment 259 #
Proposal for a regulation
Article 5 q (new)
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.
Amendment 260 #
Proposal for a regulation
Article 5 r (new)
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).
Amendment 261 #
Proposal for a regulation
Article 5 s (new)
Article 5 s (new)
Amendment 262 #
Proposal for a regulation
Article 5 t (new)
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.
Amendment 263 #
Proposal for a regulation
Article 5 u (new)
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.
Amendment 264 #
Proposal for a regulation
Article 5 v (new)
Article 5 v (new)
Amendment 265 #
Proposal for a regulation
Article 5 w (new)
Article 5 w (new)
Amendment 266 #
Proposal for a regulation
Article 5 x (new)
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.
Amendment 267 #
Proposal for a regulation
Article 5 y (new)
Article 5 y (new)
Amendment 268 #
Proposal for a regulation
Article 5 z (new)
Article 5 z (new)
Amendment 269 #
Proposal for a regulation
Article 5 aa (new)
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.
Amendment 278 #
Proposal for a regulation
Article 6 – paragraph 1 – introductory part
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.
Amendment 293 #
Proposal for a regulation
Article 6 – paragraph 5 – point b a (new)
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.
Amendment 297 #
Proposal for a regulation
Article 6 – paragraph 6
Article 6 – paragraph 6
6. The Commission shall adopt, in accordance with the examination procedure referred to in Article 37(3), implementing rules regarding detailed requirements on financial robustness, in particular financial strength and financial resilience, as well as in respect of liability and insurance cover. In order to ensure the uniform implementation of and compliance with paragraphs (1), (4) and (5) of this Article, the Commission shall adopt implementing acts, in accordance with the examination procedure referred to in Article 37(3), laying down detailed provisions concerning the rules and procedures for certification and for conducting the investigations, inspections, audits and other monitoring activities necessary to ensure effective oversight and enforcement by the national supervisory authority of the entities subject to this Regulation.
Amendment 302 #
Proposal for a regulation
Article 7 – paragraph 1 – introductory part
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:
Amendment 307 #
Proposal for a regulation
Article 7 – paragraph 1 – point b a (new)
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;
Amendment 317 #
Proposal for a regulation
Article 7 – paragraph 1 – subparagraph 1 a (new)
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.
Amendment 326 #
Proposal for a regulation
Article 7 – paragraph 3
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.
Amendment 330 #
Proposal for a regulation
Article 8 – title
Article 8 – title
Amendment 332 #
Proposal for a regulation
Article 8 – paragraph 1 – introductory part
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.
Amendment 343 #
Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 1
Article 8 – paragraph 1 – subparagraph 1
Amendment 358 #
Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 2
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.
Amendment 363 #
Proposal for a regulation
Article 8 – paragraph 2
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.
Amendment 386 #
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Where common information services are provided, the data disseminated shall present the integrity and quality necessary to enable the safe and integrated provision of services for the management of traffic of unmanned aircraft in a way that enables the shared use of the airspace together with manned aircrafts.
Amendment 390 #
Proposal for a regulation
Article 9 – paragraph 2 – introductory part
Article 9 – paragraph 2 – introductory part
2. The price for common information services shall be based strictly on the fixed and variable costs of providing the service concerned and may, in addition, include a reasonable mark-up reflecting an appropriate risk- return trade-off.
Amendment 395 #
Proposal for a regulation
Article 9 – paragraph 4 – introductory part
Article 9 – paragraph 4 – introductory part
4. As far as operations in specific volumes of airspace designated by the Member States for unmanned aircraft operations are concernedWhere manned and unmanned operations are expected to take place in specific volumes of airspace, relevant operational data shall be made available in real-time by air navigation service providers. Common information service providers to the U-Space service provider. The providers concerned shall use those data only for operational purposes of the services they provide. Access to relevant operational data shall be granted to common information service providers, on a non- discriminatory basis, without prejudice to security or defence policy interests.
Amendment 398 #
Proposal for a regulation
Article 9 – paragraph 4 a (new)
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.
Amendment 470 #
Proposal for a regulation
Article 13 – paragraph 1 – subparagraph 1
Article 13 – paragraph 1 – subparagraph 1
The draft performance plans shall be adopted after the setting of Union-wide performance targets and before the start of the reference period concerned. They shall contain performance targets for en route air navigation services in the key performance areas of the environment, capacity and cost-efficiency, consistent with the Union- wide performance targets. Those draft performance plans shall take accountcontribute to the implementation of the European ATM Master Plan. The draft performance plans shall be made publicly available.
Amendment 563 #
Proposal for a regulation
Article 13 – paragraph 11 – subparagraph 1
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).
Amendment 580 #
Proposal for a regulation
Article 14 – paragraph 1 – subparagraph 1
Article 14 – paragraph 1 – subparagraph 1
The draft performance plans shall be adopted after the setting of Union-wide performance targets and before the start of the reference period concerned. They shall contain performance targets for terminal air navigation services in the key performance areas of environment, capacity and cost- efficiency, consistent with the Union-wide performance targets. Those draft performance plans shall take accountcontribute to the implementation of the European ATM Master Plan. The draft performance plans shall be made publicly available.
Amendment 639 #
Proposal for a regulation
Article 14 – paragraph 10 – subparagraph 2
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).
Amendment 650 #
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
1. The Agency acting as PRB shall on a regular basis, once per year, establish a Union-wide overview of the performance of terminal air navigation services and of how it relates to Union-wide performance targets.
Amendment 705 #
Proposal for a regulation
Article 20 – paragraph 6
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.
Amendment 733 #
Proposal for a regulation
Article 22 – paragraph 5
Article 22 – paragraph 5
5. Charges shall be modulated to encourage air navigation service providers, airports and airspace users to support improvements in environmental performance, or service quality such as increased use of sustainable alternative fuels, 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.
Amendment 737 #
Proposal for a regulation
Article 22 – paragraph 5
Article 22 – paragraph 5
5. Charges shall be modulated to encourage air navigation service providers, airports and airspace users to support improvements in environmental performance, or service quality such as increased use of sustainable alternative fuels, alternative clean propulsion technologies, or service quality such as increased capacity, reduced delays, more direct-routing and sustainable development, while maintaining an optimum safety level, in particular for implementing the European ATM Master Plan. The modulation shall consist of financial advantages or disadvantages and shall be revenue neutral for air traffic service providers.
Amendment 758 #
Proposal for a regulation
Article 24 – paragraph 2
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.
Amendment 759 #
Proposal for a regulation
Article 24 – paragraph 3
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.
Amendment 761 #
Proposal for a regulation
Article 25 – paragraph 1
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 .
Amendment 803 #
Proposal for a regulation
Article 26 – paragraph 3 – point b
Article 26 – paragraph 3 – point b
(b) management of the delivery of air traffic control capacity in the network as set out in the binding Network Operations Plan (NOP);
Amendment 844 #
Proposal for a regulation
Article 27 – paragraph 6 – point a
Article 27 – paragraph 6 – point a
(a) decide on individual measures to implement the network functions and to support the effective implementation of the binding Network Operations Plan and the achievement of the binding performance targets;. 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.
Amendment 849 #
Proposal for a regulation
Article 27 – paragraph 6 – point a
Article 27 – paragraph 6 – point a
(a) decide on individual measures to implement the network functions and to support the effective implementation of the binding Network Operations Plan and the achievement of the binding performance targets;
Amendment 885 #
Proposal for a regulation
Article 33 – paragraph 3
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).
Amendment 887 #
Proposal for a regulation
Article 35 – paragraph 1
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.
Amendment 890 #
Proposal for a regulation
Article 35 – paragraph 2
Article 35 – paragraph 2
2. TIn order to support the priorities set in paragraph 1 of this Article, the Commission may also establish governance mechanisms for common projects and their implementation.
Amendment 898 #
Proposal for a regulation
Article 35 a (new)
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.
Amendment 900 #
Proposal for a regulation
Article 36 – paragraph 2
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.
Amendment 901 #
Proposal for a regulation
Article 36 – paragraph 3
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.
Amendment 904 #
Proposal for a regulation
Article 36 – paragraph 5
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.
Amendment 906 #
Proposal for a regulation
Article 38 – title
Article 38 – title
Industry Consultation of stakeholdersBody
Amendment 916 #
Proposal for a regulation
Article 38 a (new)
Article 38 a (new)
Article 38a Industry Consultation Body Without prejudice to the role of the Committee and of Eurocontrol, the Commission shall establish an ‘industry consultation body’, in which air navigation service providers, associations of airspace users, airport operators, the manufacturing industry and professional staff representative bodies shall participate. The role of this body shall solely be to advise the Commission on the implementation of the single European sky.
Amendment 919 #
Proposal for a regulation
Article 42 – paragraph 1
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.
Amendment 921 #
Proposal for a regulation
Article 42 a (new)
Article 42 a (new)
Amendment 926 #
Proposal for a regulation
Article 46 – paragraph 2 – introductory part
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].