45 Amendments of José Ramón BAUZÁ DÍAZ related to 2020/0264(COD)
Amendment 35 #
Proposal for a regulation
Recital 5
Recital 5
(5) In line with the principles set out above, the Regulatory Board for Performance Review should actbe fully independently and should not seek or follow instructions or accept recommendations from a government of a Member State, from the Commission, from the Agency or any other public or private entity.
Amendment 38 #
Proposal for a regulation
Recital 6
Recital 6
(6) The Management Board of the Agency should have the necessary powers in particular toRegulatory Board of Performance Review should appoint the Director for Performance Review.
Amendment 40 #
Proposal for a regulation
Recital 7
Recital 7
(7) The Director for Performance Review should in particular 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 fully independent body should be involved in those activities as necessary.
Amendment 48 #
Proposal for a regulation
Recital 12
Recital 12
(12) It is appropriate that designated air traffic service providers contribute to the setting uprunning of the operation of the Agency acting as PRB and its continuous functioning. 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 in 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 55 #
Proposal for a regulation
Recital 16
Recital 16
Amendment 63 #
Proposal for a regulation
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Regulation (EU) 2018/1139
Article 3 – paragraph 1 – point 10 b (new)
Article 3 – paragraph 1 – point 10 b (new)
(5 a) "designated air traffic service provider" means designated air traffic service as defined in Article 2 (10b new) of [Amended SES2+];
Amendment 70 #
Proposal for a regulation
Article 1 – paragraph 1 – point 4 – point a – point ii
Article 1 – paragraph 1 – point 4 – point a – point ii
Regulation (EU) 2018/1139
Article 98 – paragraph 2 – point l
Article 98 – paragraph 2 – point l
(l) take decisions on the establishment of the internal structures of the Agency at directors’ level and, where necessary, their modifications, subject, in the case of internal structures concerning performance review, to a corresponding request by the Director for Performance Review and a positive opinion of the Regulatory Board for Performance Review with the exception of the structure of the agency acting as PRB. Any such decisions shall not affectguarantee the separation between the Regulatory Board for Performance Review, the Director for Performance Review, the Advisory Board for Performance Review, the Appeal Board for Performance Review and the staff working exclusively for the Agency acting as PRB on the one hand, and the other bodies and function holders of the Agency on the other hand;;
Amendment 72 #
Proposal for a regulation
Article 1 – paragraph 1 – point 4 – point b
Article 1 – paragraph 1 – point 4 – point b
Regulation (EU) 2018/1139
Article 98 – paragraph 2a
Article 98 – paragraph 2a
Amendment 82 #
Proposal for a regulation
Article 1 – paragraph 1 – point 6 – point a
Article 1 – paragraph 1 – point 6 – point a
Regulation (EU) 2018/1139
Article 101 – paragraph 3
Article 101 – paragraph 3
3. The Executive Director of the Agency shall take part in the deliberations, without the right to vote. Upon invitation of the Director for Performance Review, the Executive Director of the Agency may be invited to take part in the deliberations on matters related to the the function of the Agency acting as PRB, without the right to vote.;
Amendment 83 #
Proposal for a regulation
Article 1 – paragraph 1 – point 6 – point b
Article 1 – paragraph 1 – point 6 – point b
Regulation (EU) 2018/1139
Article 101 – paragraph 3 a
Article 101 – paragraph 3 a
3a. The Director for Performance Review shall take part in the deliberations on areas directly or indirectly related to the function of the Agency acting as PRB, without the right to vote.; Upon invitation of the Executive Director of the Agency, the Director for Performance Review may be invited to take part in the deliberations on matters related to the function of the Agency, without the right to vote.
Amendment 87 #
Proposal for a regulation
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Regulation (EU) 2018/1139
Article 101 – paragraph 4
Article 101 – paragraph 4
4. In order for them to be adopted, decisions on budgetary, human resources or administrative matters, in particular matters referred to in Article 98(2), points (d), (f), (h), (m), (n), (o) and (q), Article 98(2a), points (a), (b), (c), (e) and (f)), and Article 98(7) require a positive vote from the representative of Commission in the Management Board.;
Amendment 97 #
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Regulation (EU) 2018/1139
Section II a – Article 114 a – paragraph 1 – point c
Section II a – Article 114 a – paragraph 1 – point c
(c) provide an opinion to the Management Board on the candidate to be appointed asappoint the Director for Performance Review in accordance with point (a) of Article 98(2a) and Article 114g(2), and where applicable his or her removal from office in accordance with Article 114g(6);
Amendment 99 #
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Regulation (EU) 2018/1139
Section II a – Article 114 b – paragraph 1 – point d a (new)
Section II a – Article 114 b – paragraph 1 – point d a (new)
(d a) 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 [Amended SES2+];
Amendment 102 #
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Regulation (EU) 2018/1139
Section II a – Article 114 b – paragraph 1 – point f (new)
Section II a – Article 114 b – paragraph 1 – point f (new)
(f) provide an opinion to the Management Boardelaborate with the Management Board and obtain its approval on the procedures for issuing opinions, recommendations and decisions by the Agency acting as PRB in accordance with point (f) of Article 98(2a119a (4);
Amendment 105 #
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Regulation (EU) 2018/1139
Section II a – Article 114 b – paragraph 1 – point g
Section II a – Article 114 b – paragraph 1 – point g
(g) provide an opinion toon the basis of a proposal by the Director for Performance Review on its proposal for, adopt and regularly update the communication and dissemination plans on performance review referred to in Article 119a(5), in accordance with point (g) of Article 98(2a);.
Amendment 106 #
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Regulation (EU) 2018/1139
Section II a – Article 114 b – paragraph 1 – point h
Section II a – Article 114 b – paragraph 1 – point h
(h) provide an opinion toon the basis of a proposal by the Director for Performance Review on the establishment or modification ofy the internal structures concerning performance review;
Amendment 109 #
(i) provide an opinion to the Management Board as regards potential actions to be taken pursuant to point (e) of Article 98(2a)exercise disciplinary authority over the Director for Performance Review;
Amendment 110 #
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Regulation (EU) 2018/1139
Section II a – Article 114 b – paragraph 1 – point i a (new)
Section II a – Article 114 b – paragraph 1 – point i a (new)
(i a) 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 of [Amended SES2+] and Article 119a of this Regulation;
Amendment 114 #
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Regulation (EU) 2018/1139
Section II a – Article 114 b – paragraph 1 – point l
Section II a – Article 114 b – paragraph 1 – point l
(l) provide an opinion to the Management BoardCommission on the candidates to be appointed as members of the Appeal Board for Performance Review in accordance with article 114l. That opinion shall not be binding.
Amendment 116 #
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Regulation (EU) 2018/1139
Section II a – Article 114 c – paragraph 2
Section II a – Article 114 c – paragraph 2
2. The members of the Regulatory Board for Performance Review and their alternates shall be formally appointed by the Management Board, on a proposal from 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. In order for it to be adopted, the decision on the appointment of the members of the Regulatory Board for Performance Review requires a positive vote from the Commission representative in the Management Board.
Amendment 119 #
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Regulation (EU) 2018/1139
Section II a – Article 114 c – paragraph 3
Section II a – Article 114 c – paragraph 3
3. When carrying out the tasks conferred upon it by this Regulation, the Regulatory Board for Performance Review shall actbe independently and shall not seek or follow instructions from any government of a Member State, from the Commission, or from the Agency or any another public or private entity.
Amendment 123 #
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Regulation (EU) 2018/1139
Section II a – Article 114 g – paragraph 2
Section II a – Article 114 g – paragraph 2
2. The Director for Performance Review shall be appointed by the Management Board 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 air traffic management or economic regulation of network industries, from a list of at least three candidates proposed by the Commission and following an open and transparent selection procedure. In order for it to be adopted, the decision on the appointment of the Director for Performance Review requires a positive vote from the representative of the Commission in the Management Board. 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.
Amendment 128 #
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Regulation (EU) 2018/1139
Section II a – Article 114 g – paragraph 4
Section II a – Article 114 g – paragraph 4
4. The Management BoardRegulatory Board for Performance Review, acting on a proposal from the Commission and 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.
Amendment 131 #
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Regulation (EU) 2018/1139
Section II a – Article 114 g – paragraph 6
Section II a – Article 114 g – paragraph 6
6. The Director for Performance Review may be removed from office only upon a decision of the Management BoardRegulatory Board for Performance Review, acting on a proposal from the Commission, after having obtained a favourable opinion of the Regulatory Board for Performance Review.
Amendment 133 #
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Regulation (EU) 2018/1139
Section II a – Article 114 g – paragraph 7
Section II a – Article 114 g – paragraph 7
7. The Management BoardRegulatory Board for Performance Review shall reach decisions on appointment, extension of the term of office or removal from office of the Director for Performance Review on the basis of a two-thirds majority of its members with voting rights. 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.
Amendment 136 #
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Regulation (EU) 2018/1139
Section II a – Article 114 h – paragraph 1
Section II a – Article 114 h – paragraph 1
1. The Director for Performance Review shall be accountable to the Management BoardRegulatory Board for Performance Review with respect to administrative, budgetary and managerial matters, but shall remain fully independent concerning his or her tasks under paragraph 3, point (d). 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.
Amendment 142 #
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Regulation (EU) 2018/1139
Section II a – Article 114 h – paragraph 3 – point k
Section II a – Article 114 h – paragraph 3 – point k
(k) preparing a proposal for mechanisms and procedures for consultation of stakeholders referred to in Article 38 of [amended SES2+], to be submitted to the Management Board for adoption following a favourable opinion of the Regulatory Board for Performance Review; for adoption.
Amendment 144 #
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Regulation (EU) 2018/1139
Section II a – Article 114 h – paragraph 3 – point l
Section II a – Article 114 h – paragraph 3 – point l
(l) following a favourable opinion ofrequesting the Regulatory Board for Performance Review, requesting the Management Board to establish or modify the internal structures concerning performance review;
Amendment 145 #
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Regulation (EU) 2018/1139
Section II a – Article 114 h – paragraph 3 – point m
Section II a – Article 114 h – paragraph 3 – point m
(m) preparing the draft communication and dissemination plans concerning performance review referred to in Article 119a(5), to be submitted to the Management Board for adoption following the favourable opinion of the Regulatory Board for Performance Review.
Amendment 147 #
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Regulation (EU) 2018/1139
Section II a – Article 114 h – paragraph 4 – subparagraph 1
Section II a – Article 114 h – paragraph 4 – subparagraph 1
4. For the purposes of paragraph 3, point (d), opinions, recommendations and decisions of the Agency acting as PRB referred to in [Amended SES2+] and in Article 129a of this Regulation shall be adopted only after having obtained the favourable opinion of the Regulatory Board for Performance Review.
Amendment 155 #
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Regulation (EU) 2018/1139
Section II a – Article 114 l – paragraph 2
Section II a – Article 114 l – paragraph 2
2. The members of the Appeal Board for Performance Review shall be formally appointed by the Management Board, on a proposal from the Commission, following a public call for expression of interest, after consulting the Regulatory Board for Performance Review.
Amendment 157 #
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Regulation (EU) 2018/1139
Section II a – Article 114 l – paragraph 5
Section II a – Article 114 l – paragraph 5
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, in the Regulatory Board for Performance Review 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.
Amendment 158 #
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Regulation (EU) 2018/1139
Section II a – Article 114 s – paragraph 1
Section II a – Article 114 s – paragraph 1
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. 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 172 #
Proposal for a regulation
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Regulation (EU) 2018/1139
Article 119 a – paragraph 4 – introductory part
Article 119 a – paragraph 4 – introductory part
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 98(2a),114b(1) point (f). Those procedures shall:
Amendment 177 #
Proposal for a regulation
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Regulation (EU) 2018/1139
Article 119 a – paragraph 5
Article 119 a – paragraph 5
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 [Amended SES2+]. Communication activities shall be carried out in accordance with relevant communication and dissemination plans adopted by the Management BoardRegulatory Board for Performance Review in accordance with point (g) of Article 98(2a114b (1).;
Amendment 182 #
Proposal for a regulation
Article 1 – paragraph 1 – point 14
Article 1 – paragraph 1 – point 14
Regulation (EU) 2018/1139
Article 120 a – paragraph 3 – point a a (new)
Article 120 a – paragraph 3 – point a a (new)
(a a) a financial contribution from the Union for setting up of the Agency acting as PRB for all the expenditures necessary to initiate the supervision by the Agency acting as PRB.
Amendment 185 #
Proposal for a regulation
Article 1 – paragraph 1 – point 14
Article 1 – paragraph 1 – point 14
Regulation (EU) 2018/1139
Article 120 a – paragraph 3 – point b
Article 120 a – paragraph 3 – point b
Amendment 189 #
Proposal for a regulation
Article 1 – paragraph 1 – point 14
Article 1 – paragraph 1 – point 14
Regulation (EU) 2018/1139
Article 120 a – paragraph 8
Article 120 a – paragraph 8
Amendment 205 #
Proposal for a regulation
Article 1 – paragraph 1 – point 18 Regulation (EU) 2018/1139
Article 1 – paragraph 1 – point 18 Regulation (EU) 2018/1139
4. The Commission shall adopt implementing acts laying down detailed rules relatdelegated acts in accordance with Article 128 concerning tohe fees and charges levied by the Agency for its function as PRB, specifying in particular the amount of the fees and charges and the way in which they are paid. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 127(3).
Amendment 207 #
Amendment 208 #
Proposal for a regulation
Article 1 – paragraph 1 – point 18
Article 1 – paragraph 1 – point 18
Regulation (EU) 2018/1139
Article 126 b – paragraph 1 – subparagraph 1
Article 126 b – paragraph 1 – subparagraph 1
Amendment 210 #
Proposal for a regulation
Article 1 – paragraph 1 – point 18
Article 1 – paragraph 1 – point 18
Regulation (EU) 2018/1139
Article 126 b – paragraph 1 – subparagraph 2
Article 126 b – paragraph 1 – subparagraph 2
Amendment 211 #
Proposal for a regulation
Article 1 – paragraph 1 – point 18 a (new)
Article 1 – paragraph 1 – point 18 a (new)
Regulation (EU) 2018/1139
Article 128
Article 128
Amendment 214 #
Proposal for a regulation
Article 1 – paragraph 1 – point 20
Article 1 – paragraph 1 – point 20
2. Subject to the conclusion of an agreement to that effect between the Union and third countries as referred to in paragraph 21, 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 21 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.
Amendment 217 #
Proposal for a regulation
Article 1 – paragraph 1 – point 20
Article 1 – paragraph 1 – point 20
Regulation (EU) 2018/1139
Article 129 a – paragraph 3
Article 129 a – paragraph 3
3. The agreements referred to in paragraph 21 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.;