25 Amendments of Inés AYALA SENDER related to 2015/0277(COD)
Amendment 290 #
Proposal for a regulation
Recital 18
Recital 18
(18) Since unmanned aircraft also operate within the airspace alongside with traditionalmanned aircraft, this Regulation should cover such aircraft, regardless of their operating mass. Technologies for unmanned aircraft now allow for a wide range of operations possible that should be subject to rules that are proportionate to the risk of the particular operation or type of operations.
Amendment 329 #
Proposal for a regulation
Recital 50
Recital 50
(50) When the Agency develops draft rules of a general nature to be implemented by national authorities, Member States should be consulted. Furthermore, where rules could have important social implications and/ or occupational health and safety, stakeholders, including Union social partners, should be appropriately consulted when the Agency prepares corresponding draft rules.
Amendment 331 #
Proposal for a regulation
Recital 50 a (new)
Recital 50 a (new)
(50a) The Agency should be able to limit the use of certain indirect employment contracts used with pilots, aircrew and other staff dealing with safety operations in the interest of safety and security.
Amendment 405 #
Proposal for a regulation
Article 3 – paragraph 1 – point 23
Article 3 – paragraph 1 – point 23
(23) ‘commercial air transport’ means an aircraft operation to transport passengers, cargo or mail for remuneration or other valuable consideration, including any flight publicly advertised, between two different aerodromes;
Amendment 434 #
Proposal for a regulation
Article 4 – paragraph 2 – point a
Article 4 – paragraph 2 – point a
(a) whether persons other than flight crew are carried on board, and in particular whether the operation is open to members of the public;
Amendment 440 #
Proposal for a regulation
Article 4 – paragraph 2 – point f
Article 4 – paragraph 2 – point f
Amendment 486 #
Proposal for a regulation
Article 20 – paragraph 1
Article 20 – paragraph 1
1. Unless otherwise established by delegated acts adopted pursuant to Article 25, pPilots shall be subject to certification and shall be issued with a pilot licence and a pilot medical certificate appropriate to the operation to be performed. A delegated act pursuant to article 25 may exceptionally limit this requirement for some categories of leisure pilots as far as they do not put into compromise the safety of whole the aviation system.
Amendment 493 #
Proposal for a regulation
Article 21 – paragraph 1
Article 21 – paragraph 1
Cabin crew involved in commercial air transport operations shall be subject to certification and shall be issued with an attestation license.
Amendment 498 #
Proposal for a regulation
Article 21 – paragraph 3
Article 21 – paragraph 3
Those attestationlicences 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 25 to ensure compliance with the essential requirements referred to in Article 19 on theoretical knowledge, practical skill and medical fitness.
Amendment 501 #
Proposal for a regulation
Article 22 – paragraph 3 a (new)
Article 22 – paragraph 3 a (new)
Pilot and Aircrew training organisations shall not receive financial revenues from the trainee when providing training on aircraft carrying passengers or cargo.
Amendment 542 #
Proposal for a regulation
Article 29 – paragraph 1
Article 29 – paragraph 1
Aerodromes, aerodrome equipment, the operation of aerodromes and personnel in 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.
Amendment 569 #
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 29be subject to certification and shall be issued with a certificate.
Amendment 691 #
Proposal for a regulation
Article 53 – paragraph 2
Article 53 – paragraph 2
Amendment 737 #
Proposal for a regulation
Article 54 – paragraph 3 a (new)
Article 54 – paragraph 3 a (new)
3a. The level of oversight and enforcement with respect to the organisations requesting the agency to exercise these responsibilities shall not be in any case lower to level of the competent national authorities that were originally responsible.
Amendment 760 #
Proposal for a regulation
Article 59 – paragraph 2 – subparagraph 1
Article 59 – paragraph 2 – subparagraph 1
Where the duration of the measures referred to in paragraph 1 exceeds eighttwo consecutive months or where a Member State has taken the same measures repetitively and their total duration exceeds eighttwo months, the Agency shall assess whether the conditions of paragraph 1 have been met and issue, within threone months from the date of the reception of the notification referred to in paragraph 1, a recommendation to the Commission as regards the outcome of that assessment. The Agency shall include that recommendation in the repository established under Article 63.
Amendment 762 #
Proposal for a regulation
Article 60 – paragraph 1 – point b
Article 60 – paragraph 1 – point b
(b) an acceptable level of safety and environmental protection and compliance with the applicable essential requirements is ensured, where necessary through the application of mitigation measures;
Amendment 767 #
Proposal for a regulation
Article 60 – paragraph 3 – subparagraph 1
Article 60 – paragraph 3 – subparagraph 1
Where a Member State considers that the compliance with the applicable essential requirements set out in the Annexes can be demonstrated by other means than those laid down in the delegated and implementing acts adopted on the basis of this Regulation, and that those means present significant advantages in terms of civil aviation safety or of efficiency for the persons subject to this Regulation or for the authorities concerned, it may submit to the Commission and the Agency, through the repository established under Article 63, a reasoned request for amendment of the delegated or implementing act concerned so as to allow for the use of those other means, including the reasons demonstrating the need for those other means, as well as the conditions laid down to ensure that an equivalent level of safety protection is achieved.
Amendment 823 #
Proposal for a regulation
Article 72 – paragraph 1 – introductory part
Article 72 – paragraph 1 – introductory part
1. The Commission mayshall, at the request of the Agency, impose on an legal or natural person to whom it has issued a certificate, or who has made a declaration to it, in accordance with this Regulation, either one or both of the following:
Amendment 836 #
Proposal for a regulation
Article 73 – paragraph 7
Article 73 – paragraph 7
7. The Agency shall publish a summary of information about the application by each Member State of the provisions of this Regulation and of the delegated and implementing acts adopted on the basis thereof including a summary of the results of the inspections the Agency carried out. It shall include that information in the annual safety review referred to in Article 61(6).
Amendment 877 #
Proposal for a regulation
Article 76 – paragraph 2
Article 76 – paragraph 2
2. The Agency shall, upon request, provide technical assistance to the Commission in the implementation of Regulation (EC) No 300/2008 of the European Parliament and of the Council22 , including in the performance of security inspections of aircraft, airdromes and aviation systems and in the preparation of the measures to be adopted under that Regulation. __________________ 22 Regulation (EC) No 300/2008 of the European Parliament and of the Council of 11 March 2008 on common rules in the field of civil aviation security and repealing Regulation (EC) No 2320/2002 (OJ L 97, 9.4.2008, p. 72.)
Amendment 883 #
Proposal for a regulation
Article 76 – paragraph 3
Article 76 – paragraph 3
3. To protect civil aviation against acts of unlawful interference, the Agency may take the necessary measures under Article 65(6) and Article 66(1)(i) concerning aircraft, airdromes and aviation systems. Before taking such measures, the Agency shall obtain the agreement of the Commission and consult the Member States.
Amendment 923 #
Proposal for a regulation
Article 85 – paragraph 2 – point p
Article 85 – paragraph 2 – point p
p) adopt rules for the prevention and management of conflicts of interest in respect of its members, as well as of the members of the Board(s) of Appeal and of participants in working groups and groups of experts, and other members of staff not covered by the Staff Regulations. Such rules shall include provisions on declarations of interest and, where appropriate, post-employment occupational activities;
Amendment 945 #
Proposal for a regulation
Article 91 a (new)
Article 91 a (new)
Article 91a Stakeholder Advisory Body 1. To facilitate consultation with stakeholders in areas relevant to the tasks of the Agency, a Stakeholder Advisory Body (SAB) shall be established. The role of the SAB will involve: a) Providing advice to the Management Board in relation to its tasks b) Providing advice to the Agency on strategic developments and on the content, priorities and execution of its safety programmes, including the European Safety Aviation Plan c) Providing technical and quantitative information so that Agency measures are based on the best available evidence and adapted to technological progress; 2. The SAB's composition shall be determined by the Management Board. It will receive the necessary information from the Agency in a timely manner in order to perform the tasks listed in paragraph 1. Non-EU stakeholders will not participate in tasks related to 1a).
Amendment 985 #
Proposal for a regulation
Article 115 – paragraph 6
Article 115 – paragraph 6
6. Budgetary surpluses generated through fees and charges shall fund future activities related to fees and charges or offset losses. Where a significant positive or negative budget result becomes recurrent, the level of fees and charges shall be revised. In the event of a recurring positive budget result, the surplus may be used to reduce the Union’s contribution to the Agency’s income.
Amendment 997 #
Proposal for a regulation
Article 119 – paragraph 1
Article 119 – paragraph 1
1. The necessary arrangements concerning the accommodation to be provided for the Agency in the host Member State and the facilities to be made available by that Member State together with the specific rules applicable in the host Member State to the Executive Director, members of the Management Board, Agency staff and members of their families shall be laid down in a Headquarters Agreement between the Agency and Member State where the seat is located, concluded after obtaining the approval of the Management Board and no later than [OP Please insert the exact date - twoone years after entry into force of this Regulation].