49 Amendments of Elena KOUNTOURA related to 2013/0186(COD)
Amendment 52 #
Proposal for a regulation
Recital 19
Recital 19
Amendment 62 #
Proposal for a regulation
Recital 22
Recital 22
(22) The performance and charging schemes are intended to make air navigation services provided under conditions other than market conditions 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 65 #
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 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 PRBir knowledge of the local circumstances, necessary to assess en- route and terminal air navigation services, national supervisory authorities should be in charge of the assessment and approval of the performance plans and performance targets for both terminal air navigation services and en-route services.
Amendment 76 #
Proposal for a regulation
Recital 26
Recital 26
(26) DUnion-wide performance targets should be consistent with respective draft performance plans in the area of en route and terminal navigation services should be consistent with respective Union-wide performance targets and conform to certain qualitative criteria, so as to ensure as much as possible that the targets set are effectively met. The assessment procedure should ensure that shortcomings are swiftly corrected.
Amendment 77 #
Proposal for a regulation
Recital 27
Recital 27
(27) The performance of the network functions should be subject to criteria specific to them, having regard to the peculiar nature of these characteristic network functions. The network functions should be subject to performance targets in the key performance areas of the environment, capacity, safety, and cost- efficiency.
Amendment 93 #
Proposal for a regulation
Recital 33
Recital 33
(33) In the cooperative decision making process for the decisions to be taken by the Network Manager, the interest of the network should prevail. Parties to the cooperative decision-making process should therefore act to the maximum extent possible with a view to improving the functioning and performance of the network but it should also take into consideration local safety concerns. The procedures for the cooperative decision- making process should promote safety as well as the interest of the network, and be such that issues are resolved and consensus found wherever possible. Decisions taken shall also be considered within the context of the National Performance Plans, and a mechanism created to ensure there is no detriment to an ANSP due to the cooperative decision making process.
Amendment 100 #
Proposal for a regulation
Recital 34
Recital 34
Amendment 105 #
Proposal for a regulation
Recital 35
Recital 35
(35) Availability of relevant operational data in a standardised format is essential for enabling the flexible provision of air traffic data services, on cross-border and on Union-wide bases. Therefore, such data should be made available to relevant stakeholders, including to prospective new providers of air traffic data services. Accuracy of information including on airspace status and on specific air traffic situations and timely distribution of this information to civil and military controllers has a direct impact on the safety and efficiency of operations. Timely access to up-to-date information on airspace status is essential for all parties wishing to take advantage of airspace structures made available when filing or re-filing their flight plans.
Amendment 111 #
Proposal for a regulation
Recital 41
Recital 41
(41) In order to take into account technical or operational developments, in particular by amending annexes, or by supplementing the provisions on network management, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission. The content and scope of each delegation is set out in detail in the relevant Articles. When adopting delegated acts under this Regulation, it is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level within the Expert Group on Human Dimension of the Single European Sky, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making33 . In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States’ experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts. __________________ 33 OJ L 123, 12.5.2016, p. 1.
Amendment 113 #
Proposal for a regulation
Recital 42
Recital 42
Amendment 117 #
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Regulation lays down rules for the creation and effective functioning of the Single European Sky in order to reinforce current air traffic safety standards, to contribute to the sustainable development of the air transport system and to improve the overall performance of air traffic management and air navigation services for general air traffic in Europe, with a view to meeting the requirements of all airspace users. The Single European Sky shall comprise a coherent pan- European network , a progressively more integrated airspaceof routes, network management and air traffic management systems based on safety, efficiency, interoperability and technological modernisation , for the benefit of all airspace users, citizens and the environment.
Amendment 160 #
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
2. The national supervisory authorities shall exercise their powers impartially, independently and transparently and shall be organised, staffed, managed and financed according and independently.
Amendment 161 #
Proposal for a regulation
Article 3 – paragraph 3
Article 3 – paragraph 3
Amendment 186 #
Proposal for a regulation
Article 3 – paragraph 5 – subparagraph 1
Article 3 – paragraph 5 – subparagraph 1
Staff of national supervisory authorities shall act independently, in particular by avoiding conflicts of interest between air navigation service provision and the execution of their tasks. Furthermore, social standards of the jobs within the national supervisory authorities shall be monitored. To this end two indicators should be measured and managed: (a) Job satisfaction index Comparison between average salary of technical staff in operators supervised and average salary of technical staff of the NSA.
Amendment 188 #
Proposal for a regulation
Article 3 – paragraph 5 – subparagraph 1 a (new)
Article 3 – paragraph 5 – subparagraph 1 a (new)
Furthermore, social standards of the jobs within the national supervisory authorities shall be monitored. To this end two indicators should be measured and managed : (a) Job satisfaction index Comparison between average salary of technical staff in operators supervised and average salary of technical staff of the NSA.
Amendment 189 #
Proposal for a regulation
Article 3 – paragraph 6 – introductory part
Article 3 – paragraph 6 – introductory part
Amendment 200 #
Proposal for a regulation
Article 3 – paragraph 6 – subparagraph 2
Article 3 – paragraph 6 – subparagraph 2
Amendment 275 #
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.The provision of all air navigation services within the Community shall be subject to certification by Member States
Amendment 283 #
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
2. An entity that holds an economic certificate referred to in paragraph 1 and a certificate referred to in Article 41 of Regulation (EU) No 2018/1139 shall be entitled to provide within the Union air navigation services for airspace users, under non-discriminatory conditionspplications for certification shall be submitted to the national supervisory authority of the Member State where the applicant has its principal place of operation and, if any, without prejudice to Article 7(2)s registered office.
Amendment 288 #
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
3. The economic certificate referred to in paragraph 1 and the certificate referred to in Article 41 of Regulation (EU) No 2018/1139 may be subject to one or several conditions set out in Annex I. Such condiNational supervisory authorities shall issue certificates to air navigation service providers where they comply with the common requirements referred to in Article 6. Certificates may be issued individually for each type of air navigations shall be objectively justiervice as defined, non-discriminatory, proportionate and transparent. The Commission shall be empowered to adopt delegated acts in accordance with Article 36 in order to amend the list set out in Annex I for the purposes of providing for a in Article 2 of the framework Regulation, or for a bundle of such services, inter alia, where a provider of air traffic services, whatever its legal status, operates and maintains its own economic level playing field and resilience of service provisionmmunication, navigation and surveillance systems. The certificates shall be checked on a regular basis.
Amendment 290 #
Proposal for a regulation
Article 6 – paragraph 4
Article 6 – paragraph 4
4. The nationCertificates shall supervisory authorities of the Member State where the natural or legal person applying for the economic certificate has its principal place of businescify the rights and obligations of air navigation service providers, including non-discriminatory access to services for, if that person has no principal place of business, where it has its place of residence or place of establishment, shall be responsible for the tasks set out in this Article in respect of the economic certificates. In the case of provision of air navigation services in an airspace falling under the responsibility of two or more Member States, the national supervisory auth airspace users, with particular regard to safety. Certification may be subject only to the conditions set out in Annex II. Such conditions shall be objectively justified, non-discriminatory, proporities responsible shall be those specified in accordance with Article 5(4)onate and transparent.
Amendment 292 #
Proposal for a regulation
Article 6 – paragraph 5
Article 6 – paragraph 5
Amendment 294 #
Proposal for a regulation
Article 6 – paragraph 5 a (new)
Article 6 – paragraph 5 a (new)
5a. Notwithstanding paragraph 1, Member States may allow the provision of air navigation services in all or part of the airspace under their responsibility without certification in cases where the provider of such services offers them primarily to aircraft movements other than general air traffic. In those cases, the Member State concerned shall inform the Commission and the other Member States of its decision and of the measures taken to ensure maximum compliance with the common requirements.
Amendment 296 #
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 weNational supervisory authorities shall monitor compliance with the common requirements and with the conditions attached to the certificates. Details of such monitoring shall asbe 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 othecluded in the annual reports to be submitted by Member States pursuant to Article 12(1) of the framework Regulation. If a national supervisory authority finds that the holder of a certificate no longer satisfies such requirements or mconditoring activities necessary to ensure effective oversight by the national supervisory authority of the entities subject to this Regulationions, it shall take appropriate measures while ensuring continuity of services on condition that safety is not compromised. Such measures may include the revocation of the certificate.
Amendment 299 #
Proposal for a regulation
Article 6 – paragraph 6 a (new)
Article 6 – paragraph 6 a (new)
6a. A Member State shall recognise any certificate issued in another Member State in accordance with this Article.
Amendment 300 #
Proposal for a regulation
Article 6 – paragraph 6 b (new)
Article 6 – paragraph 6 b (new)
6b. In exceptional circumstances, Member States may postpone compliance with this Article beyond the date resulting from Article 19(2) by six months. Member States shall notify the Commission of such postponement, giving their reasons therefor.
Amendment 310 #
Proposal for a regulation
Article 7 – paragraph 1 – subparagraph 1
Article 7 – paragraph 1 – subparagraph 1
Amendment 331 #
Proposal for a regulation
Article 8 – paragraph 1 – introductory part
Article 8 – paragraph 1 – introductory part
Amendment 349 #
Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 1
Article 8 – paragraph 1 – subparagraph 1
Where this enables cost-efficiency gains to the benefit of airspace usersbetter service performance while maintaining the level of safety, Member States shallmay allow airport operators to procure terminal air traffic services for aerodrome control under market conditions.
Amendment 361 #
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 usersbetter service performance while maintaining the level of safety, Member States may allow airport operators or the national supervisory authority concerned to procure terminal air traffic services for approach control under market conditions.
Amendment 399 #
Proposal for a regulation
Article 9 – paragraph 4 a (new)
Article 9 – paragraph 4 a (new)
4a. Designation of common information services providers shall be made according to rules to be set out by the Agency.
Amendment 402 #
Proposal for a regulation
Article 9 – paragraph 4 b (new)
Article 9 – paragraph 4 b (new)
4b. Technical requirements for common information services shall be set out by the Agency under conditions set in Regulation (EU) 2018/1139.
Amendment 404 #
Proposal for a regulation
Article 9 – paragraph 4 c (new)
Article 9 – paragraph 4 c (new)
4c. Common information service provides shall ensure at all times compatibility of their services with services provided by air navigation service providers.
Amendment 416 #
Proposal for a regulation
Article 10 – paragraph 2 – subparagraph 1
Article 10 – paragraph 2 – subparagraph 1
The Commission may, subject to consultation and recommendations of the Expert Group on the human dimension of the Single European Sky, add additional key performance areas for performance target setting or monitoring purposes, where necessary to improvekeep track of performance.
Amendment 423 #
Proposal for a regulation
Article 10 – paragraph 2 – subparagraph 1 a (new)
Article 10 – paragraph 2 – subparagraph 1 a (new)
Social standards of the jobs within the air navigation service providers shall be monitored. To this end two indicators should be measured and managed: (a) Job satisfaction index Benchmarking of average salary of ANSP staff compared to average salary in the country.
Amendment 437 #
Proposal for a regulation
Article 10 a (new)
Article 10 a (new)
Article 10a Consultation of stakeholders The Member States, acting in accordance with their national legislation, shall establish consultation mechanisms for appropriate involvement of stakeholders, including professional staff representative bodies, in the implementation of the Single European Sky.
Amendment 444 #
Proposal for a regulation
Article 11 – paragraph 2 – point a
Article 11 – paragraph 2 – point a
(a) they shall drive gradual, continuous improvements in respect of thensure operational and economic performance of air navigation services;
Amendment 454 #
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
Amendment 478 #
Proposal for a regulation
Article 13 – paragraph 2
Article 13 – paragraph 2
2. The draft performance plans for en route air navigation services referred to in paragraph 1 shall include relevant information provided by the Network Manager. Before adopting those draft plans, designated air traffic service providers shall consult airspace users’ representatives, ANSP workers’ representatives and, where relevant, military authorities, airport operators and airport coordinators. The designated air traffic service providers shall also submit those plans to the national competent authority responsible for their certification, which shall verify the compliance with Regulation (EU) 2018/1139 and the delegated and implementing acts adopted on the basis thereof.
Amendment 540 #
Proposal for a regulation
Article 13 – paragraph 9 – subparagraph 2
Article 13 – paragraph 9 – subparagraph 2
Where the revised draft performance plan submitted in accordance with paragraph 8 is denied because it contains performance targets for en route air navigation services that are not consistent with the Union-wide performance targets, the Agency acting as PRB shall establish performance targets in consistency with the Union-wide performance targets for the designated air traffic service provider concerned, taking into account the findings made in the decision referred to in paragraph 7. The final draft performance plan to be presented by the designated air traffic service provider concerned shall include the performancagree with the air traffic service provider’s national supervisory authority achievable performance targets and measures to achieve those targets. If thuis established by the Agency acting as PRB, ascannot be achieved then the matter weill as the measube referresd to achieve those targetthe relevant judicial appeal process.
Amendment 657 #
Proposal for a regulation
Article 16 – paragraph 1 – subparagraph 1
Article 16 – paragraph 1 – subparagraph 1
The draft Network Performance Plan shall be drawn up after the setting of Union- wide performance targets and before the start of the reference period concerned. It shall contain specific performance targets in the key performance areas of the environment, capacity, safety and cost- efficiency.
Amendment 707 #
Proposal for a regulation
Article 20 – paragraph 6
Article 20 – paragraph 6
6. Designated air traffic service providers shall provide 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 staffoperating costs, depreciation costs, cost of capital, costs incurred for fees and charges paid to the Agency acting as PRB, and exceptional costs.
Amendment 753 #
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 may 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 as well as workers’ representatives of this body. 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 772 #
Proposal for a regulation
Article 25 – paragraph 3 – subparagraph 1
Article 25 – paragraph 3 – subparagraph 1
The determined costs, actual costs and revenues deriving from air navigation services shall be broken down into staff costs, operating costs other than staffoperating costs, depreciation costs, cost of capital, costs incurred for fees and charges paid to Agency acting as PRB, and exceptional costs and they shall be made publicly available, subject to the protection of confidential information.
Amendment 789 #
Proposal for a regulation
Article 26 – paragraph 2 – point a
Article 26 – paragraph 2 – point a
(a) the design and management of the European airspace structures-route network ;
Amendment 826 #
Proposal for a regulation
Article 27 – paragraph 2
Article 27 – paragraph 2
Amendment 856 #
Proposal for a regulation
Article 27 – paragraph 7
Article 27 – paragraph 7
7. The Network Manager shall take decisions through a cooperative decision- making process. Parties to the cooperative decision-making process shall act to the maximum extent possible with a view to improving the functioning and performance of the network. The cooperative decision-making process shall promote the interest of the network, without compromising the local safety concerns.
Amendment 866 #
Proposal for a regulation
Article 29 – paragraph 1
Article 29 – paragraph 1
The air traffic service providers shall establish consultation mechanisms to consult the relevant airspace users and aerodrome operators on all major issues related to services provided, including relevant changes to airspace configurations, or strategic investments which have a relevant impact on air traffic management and air navigation service provision and/or charges. The airspace users shall also be involved in the process of approving strategic investment plans. The Commission shall adopt measures detailing the modalities of the consultation and of the involvement of airspace users in approving investment plans. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 37 (3).
Amendment 902 #
Proposal for a regulation
Article 36 – paragraph 4
Article 36 – paragraph 4
4. Before adopting a delegated act, the Commission shall consult the Expert Group on Human Dimension of the Single European Sky and experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.