36 Amendments of Markus PIEPER related to 2015/0277(COD)
Amendment 270 #
Proposal for a regulation
Recital 12
Recital 12
(12) In line with standards and recommended practices set by the Chicago Convention, essential requirements applicable to aeronautical products, parts, non-installed equipment, aerodromes and the provision of ATM/ANS should be established. Furthermore, essential requirements applicable to persons and organisations involved in the operation of aircraft, the operation of aerodromes and in the provision of ATM/ANS, and essential requirements applicable to persons and products involved in the training and medical examination of aircrew and air traffic controllers and air traffic safety electronics personnel should also be established.
Amendment 276 #
Proposal for a regulation
Recital 14
Recital 14
Amendment 283 #
Proposal for a regulation
Recital 16
Recital 16
(16) Aeronautical products, parts and non-installed equipment, aerodromes and their equipment, operators of aircraft and aerodromes, ATM/ANS systems and providers, as well as pilots, air traffic controllers, air traffic safety electronics personnel and persons, products and organisations involved in their training and medical examination, should be certified or licensed once they have been found to comply with relevant essential requirements or, where relevant, the other requirements established in or pursuant to this Regulation. The Commission should be empowered to adopt the necessary detailed rules for the issuance of those certificates and where relevant, the declarations to be made to this effect, taking into account the objectives of the Regulation and the nature and risk of the particular activity concerned.
Amendment 338 #
Proposal for a regulation
Recital 59
Recital 59
(59) In order to take into account technical, scientific, operational or safety needs, by amending or supplementing the provisions on airworthiness, environmental protection, air crew, air operations, aerodromes, ATM/ANS, air traffic controllers, air traffic safety electronics personnel, third-country operators, unmanned aircraft, oversight and enforcement, flexibility provisions, fines and periodic penalty payments, and fees and charges, as well as requirements set out in annexes to this Regulation, the power to adopt acts in accordance with Article 290 of the TFEU should be delegated to the Commission. It is of particular importance that the Commission carries out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and to the Council.
Amendment 379 #
Proposal for a regulation
Article 2 – paragraph 1 – point d
Article 2 – paragraph 1 – point d
(d) the design, production, maintenance and operation of aerodrome equipment used or intended for use at the aerodromes referred to in point (e) and the provision of ground handling services and apron management services at those aerodromesprovision of apron management services used or intended for use at the aerodromes referred to in (e) ;
Amendment 400 #
Proposal for a regulation
Article 3 – paragraph 1 – point 22
Article 3 – paragraph 1 – point 22
Amendment 404 #
Proposal for a regulation
Article 3 – paragraph 1 – point 23
Article 3 – paragraph 1 – point 23
(23) ‘commercial air transport’ (CAT) means an aircraft operation to transport passengers, cargo or mail for remuneration or other valuable consideration between two different aerodromes; whereas CAT A means transportation in regular scheduled services and/or Mass transport CAT N means transportation in non- regular, non-scheduled, non-mass transport: (SME)
Amendment 439 #
Proposal for a regulation
Article 4 – paragraph 2 – point e a (new)
Article 4 – paragraph 2 – point e a (new)
(ea) ensuring the distinction between regulatory tasks and service activities;
Amendment 537 #
Proposal for a regulation
Article 29 – paragraph 1
Article 29 – paragraph 1
Aerodromes, aerodrome equipment, the operation of aerodromes and the provision of ground handling services and apron management services at aerodromes shall comply with the essential requirements set out in Annex VII; and, if applicable, Annex VIII. ; it is not the purpose or objective of the essential requirements to alter the division of responsibilities in Member States; in the event of the incorrect implementation of the measures by third parties they shall have no effect on the liability of the airport operator; whose responsibilities are set out in the operator certificate issued by the competent authority;
Amendment 547 #
Proposal for a regulation
Article 31
Article 31
Amendment 570 #
Proposal for a regulation
Article 32 – paragraph 2
Article 32 – paragraph 2
2. Organisations responsible for the provision of ground handling services and apron management services at aerodromes subject to this Regulation shall declare their capability and the availability of the means to discharge the responsibilities associated with the services provided in compliance with the essential requirements referred to in Article 29.
Amendment 575 #
Proposal for a regulation
Article 34 – paragraph 1 – introductory part
Article 34 – paragraph 1 – introductory part
Amendment 578 #
Proposal for a regulation
Article 34 – paragraph 1 – point h
Article 34 – paragraph 1 – point h
(h) the conditions and procedures for the declaration by organisations providing ground handling services and by organisations providing apron management services in accordance with Article 32(2);
Amendment 579 #
Proposal for a regulation
Article 34 – paragraph 1 – point i
Article 34 – paragraph 1 – point i
(i) the privileges and responsibilities of the organisations providing ground handling services and by organisations providing apron management services which have made declarations in accordance with Article 32(2);
Amendment 585 #
Proposal for a regulation
Article 34 – paragraph 2
Article 34 – paragraph 2
2. As regards aerodromes, aerodrome equipment, the operation of aerodromes, and ground handling and apron management services the Commission shall be empowered, by means of delegated acts adopted in accordance with Article 117, to amend or supplement Annex VII and, if applicable, Annex VIII, where necessary for reasons of technical, operational or scientific developments or safety evidence related to the aerodromes, in order and to the extent required to achieve the objectives laid down in Article 1.
Amendment 588 #
Proposal for a regulation
Article 37
Article 37
Amendment 628 #
Proposal for a regulation
Article 44 – paragraph 2 – indent 1 (new)
Article 44 – paragraph 2 – indent 1 (new)
- Section VII (new) Air Traffic Safety Electronics Personnel (ATSEP) Article 45 (new) Essential requirements Air traffic safety electronics personnel as well as persons and organisations involved in the training, testing, checking or medical assessment of air traffic safety electronics personnel, as well as synthetic training devices shall comply with the relevant essential requirements set out in Annex XX.
Amendment 629 #
Proposal for a regulation
Article 44 – paragraph 2 – indent 2 (new)
Article 44 – paragraph 2 – indent 2 (new)
- Article 46 (new) Air Traffic Safety Electronics Personnel (ATSEP) 1. Air traffic safety electronics personnel shall be subject to certification and shall be issued with an air traffic safety electronics personnel licence and a medical certificate appropriate for the service to be provided. 2. Air traffic safety electronics licence referred to in paragraph 1 shall be issued upon application, when the applicant for the licence has demonstrated that he or she complies with the rules established by delegated acts adopted pursuant to Article XX to ensure compliance with the essential requirements referred to in Article XX regarding theoretical knowledge, practical skill, language proficiency and experience. 3. The medical certificate referred to in paragraph 1 shall be issued upon application, when the air traffic safety electronics personnel has demonstrated that he or she complies with the rules established by delegated acts adopted pursuant to Article XX to ensure compliance with the essential requirements referred to in Article XX on medical fitness. 4. The air traffic safety electronics personnel licence and the medical certificate shall specify the privileges granted to the air traffic safety electronics personnel and the scope of the licence and the medical certificate.
Amendment 630 #
Proposal for a regulation
Article 44 – paragraph 2 – indent 3 (new)
Article 44 – paragraph 2 – indent 3 (new)
- Article 47 (new) Air traffic safety electronics personnel training organisations, aero medical examiners and aero medical centres Air traffic safety electronics personnel training organisations, aero medical examiners and aero medical centres shall be subject to certification and shall be issued with a certificate. That certificate shall be issued upon application, when the applicant has demonstrated that it complies with the rules established by delegated acts adopted pursuant to Article XX to ensure compliance with the essential requirements referred to in Article 40. The certificate shall specify the privileges granted.
Amendment 631 #
Proposal for a regulation
Article 44 – paragraph 2 – indent 4 (new)
Article 44 – paragraph 2 – indent 4 (new)
- Article 48 (new) Instructors and examiners Persons responsible for providing practical training or for assessing the practical skills of air traffic safety electronics personnel shall be subject to certification and shall be issued with a certificate. That certificate shall be issued upon application, when the applicant has demonstrated that he or she complies with the rules established by delegated acts adopted pursuant to Article XX to ensure compliance with the essential requirements referred to in Article XX. The certificate shall specify the privileges granted.
Amendment 632 #
Proposal for a regulation
Article 44 – paragraph 2 – indent 5 (new)
Article 44 – paragraph 2 – indent 5 (new)
- Article 49 (new) Delegated powers 1. For air traffic safety electronics personnel, as well as persons and organisations involved in the training, testing, checking or medical assessment of air traffic safety electronics personnel, the Commission shall be empowered to adopt delegated acts in accordance with Article 117 to lay down detailed rules with regard to: (a) the different ratings and endorsements for the air traffic safety electronics personnel licences referred to in Article XX; (b) the conditions for issuing, maintaining, amending, suspending or revoking licences, ratings and endorsements for the air traffic safety electronics personnel and medical certificates referred to in Article 41 and the certificates referred to in Articles 42 and XX; (c) the privileges and responsibilities of the holders of air traffic safety electronics personnel licences, ratings and endorsements for licences, medical certificates and the certificates referred to in Articles XX, XX and XX; (d) the conditions for the acceptance and for the conversion of national air traffic safety electronics personnel licences and national medical certificates issued on the basis of the laws of the Member States into the air traffic safety electronics personnel licences and medical certificates referred to in Article XX; (e) the conditions for the acceptance of air traffic safety electronics personnel licences issued in accordance with the laws of a third country for purpose of applying Article XX; (f) the conditions under which the provision of on-the-job training shall be prohibited, limited or subject to certain conditions in the interest of safety; (g) the conditions for issuing and disseminating mandatory information by the Agency in accordance with Article 65(6) and by the national competent authorities, in order to ensure the safety in the provision of on-the-job training.
Amendment 668 #
Proposal for a regulation
Article 51 – paragraph 3 – subparagraph 5 – point a
Article 51 – paragraph 3 – subparagraph 5 – point a
(a) aero-medical examiners, aero- medical centres and general medical practitioners shall be responsible for issuing the pilot medical certificates referred to in Article 20(3) and the air traffic controller medicals certificates referred to in Article 41(1) and the air traffic safety electronics personnel certificates;
Amendment 670 #
Proposal for a regulation
Article 51 – paragraph 6
Article 51 – paragraph 6
6. In order to facilitate the exercise of their tasks related to certification, oversight and enforcement, the Commission, the Agency and, national competent authorities and, where appropriate, Eurocontrol, shall exchange information, including on possible or identified infringements.
Amendment 677 #
Proposal for a regulation
Article 51 – paragraph 10 – point g
Article 51 – paragraph 10 – point g
(g) in respect of paragraph 3, the conditions for allocation of responsibilities to aero-medical examiners and aero- medical centres for the purpose of issuing pilot medical certificates and air traffic controller medical certificates, air traffic safety electronics personnel medical certificates, as well as the conditions under which general medical practitioners shall be given such responsibilities, with a view to ensuring effective performance of the tasks related to medical certification of pilots and air traffic controllers and air traffic safety electronics personnel;
Amendment 739 #
Proposal for a regulation
Article 55 – title
Article 55 – title
Amendment 741 #
Proposal for a regulation
Article 55 – paragraph 1 – introductory part
Article 55 – paragraph 1 – introductory part
1. The Agency shall recommend to a Member State the transfer of responsibilitiesestablishment of a compulsory emergency assistance mechanism in accordance with Article 53, where all of the following conditions have been met:
Amendment 744 #
Proposal for a regulation
Article 55 – paragraph 2
Article 55 – paragraph 2
2. Where the Member State concerned did not either give effect to the Agency's recommendation or remedy the deficiencies within 3 months from the date of that recommendation, the Commission may decide, when it considers that the conditions of paragraph 1 are met, that the responsibility for the certification, oversight and enforcement tasks concerned shall be temporarily transferred to supported by the European Flight Inspector in conjunction withe Agencyrticle 52(1). That decision shall be taken by means of implementing acts adopted in accordance with the advisory procedure referred to in Article 116(2). On duly justified imperative grounds of urgency relating to aviation safety, the Commission shall adopt immediately applicable implementing acts in accordance with the procedure referred to in Article 116(4).
Amendment 746 #
Proposal for a regulation
Article 55 – paragraph 3
Article 55 – paragraph 3
3. From the date at which the implementing decision referred to in paragraph 2 takes effect, the Agency shall assess on a regular basis whether the condition of paragraph 1(c) continues to be met. Where it considers that that condition is no longer met, it shall issue a recommendation to the Commission to terminate the temporary transfer ofcompulsory support for responsibilities.
Amendment 747 #
Proposal for a regulation
Article 55 – paragraph 4 – subparagraph 1
Article 55 – paragraph 4 – subparagraph 1
When the Commission considers, taking into account that recommendation, that the condition of paragraph 1(c) is no longer met, the Commission shall decide that the temporary transfer ofcompulsory support for responsibilities to the Agency shall be terminated.
Amendment 748 #
Proposal for a regulation
Article 55 – paragraph 5
Article 55 – paragraph 5
Amendment 750 #
Proposal for a regulation
Article 55 – paragraph 6
Article 55 – paragraph 6
Amendment 802 #
Proposal for a regulation
Article 65 – paragraph 6
Article 65 – paragraph 6
Amendment 817 #
Proposal for a regulation
Article 69 – paragraph 1 – indent 1 (new)
Article 69 – paragraph 1 – indent 1 (new)
- Article 70 (new) Air traffic safety electronics personnel certification The Agency shall be responsible for the tasks related to certification, oversight, and enforcement in accordance with Article 51(3) with respect to the certificates for the air traffic safety electronics personnel training organisations referred to in Article XX, where those organisations have their principal place of business located outside the territory for which a Member State is responsible under the Chicago Convention and, where relevant, their personnel.
Amendment 963 #
Proposal for a regulation
Article 109 – paragraph 1 – point f
Article 109 – paragraph 1 – point f
Amendment 1065 #
Proposal for a regulation
Annex VII – point 4
Annex VII – point 4
Amendment 1071 #
Proposal for a regulation
Annex VII – point 5 – paragraph 2
Annex VII – point 5 – paragraph 2