158 Amendments of Marian-Jean MARINESCU related to 2013/0186(COD)
Amendment 33 #
Proposal for a regulation
Recital 11
Recital 11
(11) The public 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 for appointing competent 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 48 #
Proposal for a regulation
Recital 18
Recital 18
Amendment 53 #
Proposal for a regulation
Recital 19
Recital 19
(19) The provision of en route air traffic services should be organisationally and functionally separated from the provision of CNS, AIS, ADS, MET and terminal air traffic services, including through the separation of accounts, in order to ensure transparency and avoid discrimination, cross- subsidisation and distortion of competition.
Amendment 55 #
Proposal for a regulation
Recital 21
Recital 21
(21) The integration of unmanned aircraft operations must ensure 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 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 85 #
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, increased capacity and reduced such as reducing 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 109 #
Proposal for a regulation
Recital 39 a (new)
Recital 39 a (new)
(39a) In order to streamline the SESAR deployment phase, an enhanced coordination of standardisation activities should ensure the timely availability of standards required to deploy SESAR solutions. A reformed and integrated European Aviation Standards Coordination Group (EASCG) should contribute to a further customer-focused standardisation process, making sure the needs of operational stakeholders are appropriately prioritised.
Amendment 115 #
Proposal for a regulation
Recital 45
Recital 45
Amendment 122 #
Proposal for a regulation
Article 1 – paragraph 5
Article 1 – paragraph 5
Amendment 126 #
Proposal for a regulation
Article 2 – paragraph 1 – point 9
Article 2 – paragraph 1 – point 9
9. ‘air traffic management (ATM)’ means the aggregation of the airborne and ground-based, as well as space-based functions or services (air traffic services, airspace management and air traffic flow management) required to ensure the safe and efficient movement of aircraft during all phases of operations;
Amendment 131 #
Proposal for a regulation
Article 2 – paragraph 1 – point 18
Article 2 – paragraph 1 – point 18
18. ‘baseline value’ means a value defined by way of estimationn estimated value for the purpose of setting performance targets and concerning determined costs or determined unit costs during the year preceding the start of the relevant reference period;
Amendment 134 #
Proposal for a regulation
Article 2 – paragraph 1 – point 21
Article 2 – paragraph 1 – point 21
21. ‘certificate’ means a document issued byas the Agency, by a national competent authority or by a national supervisory authority, in any formresult of a certification attesting complyingiance with national law, which confirms that an air traffic management and air navigation service provider meets the requirements for providing a specific servicethe applicable requirements;
Amendment 136 #
Proposal for a regulation
Recital 27
Recital 27
(27) The performance scheme is a central tool for economic regulation of ATM and the quality and independence of its decisions should be maintained and where possible improved.strengthened by establishing the Performance Review Body as an independent European economic regulator
Amendment 136 #
Proposal for a regulation
Article 2 – paragraph 1 – point 22
Article 2 – paragraph 1 – point 22
22. ‘commonUAV information service (CUAVIS)’ means a service consisting in the collection of static and dynamic data and their dissemination to enable the provision of services for the management of traffic of unmanned aircraft in a way that enables safe and shared use of the airspace together with manned aircraft;
Amendment 139 #
Proposal for a regulation
Recital 28
Recital 28
(28) In order to take into account technical or operational developments, in particular by amending annexes, or by supplementing the provisions on network management and, performance scheme, selecting the entity responsible for implementation of the ATM Master Plan (deployment manager) and defining the responsibilities thereof, 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. 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 Council.
Amendment 144 #
Proposal for a regulation
Article 2 – paragraph 1 – point 34
Article 2 – paragraph 1 – point 34
34. ‘flexible use of airspace’ means an airspace management concept based on the fundamental principle that airspace should not be designated as either pure civil or military airspace, but rather be considered as a one continuum in which all user requirements have to be accommodated to the extent possible ;
Amendment 147 #
Proposal for a regulation
Article 2 – paragraph 1 – point 40
Article 2 – paragraph 1 – point 40
40. ‘national supervisory authority’ means the national body or bodies entrusted by a Member State with the tasks under this Regulation other than the tasks covered by the national competent authority;.
Amendment 150 #
Proposal for a regulation
Article 2 – paragraph 1 – point 7
Article 2 – paragraph 1 – point 7
7. ‘'airspace management’' means a planning service with the primary objective of maximising the utilisation of available airspace by dynamic time-sharing and, at times, the segregation of airspace among various categories of airspace users on the basis of short-term needs; and a strategic function associated with airspace design.
Amendment 154 #
Proposal for a regulation
Article 2 – paragraph 1 – point 17
Article 2 – paragraph 1 – point 17
17. ‘'certificate’' means a document issued by a national supervisorythe European Agency for Aviation (EAA) or by a national aviation authority in any form complying with nationalrelevant law, which confirms that an air navigation service provider meets the requirements for providing a specific serviceactivity;
Amendment 155 #
Proposal for a regulation
Article 2 – paragraph 1 – point 19 a (new)
Article 2 – paragraph 1 – point 19 a (new)
19a. ´Deployment Manager' means a group of operational stakeholders selected by the Commission through a call for proposals responsible for the management level of ATM Master Plan deployment governance.
Amendment 156 #
Proposal for a regulation
Article 2 – paragraph 1 – point 52 a (new)
Article 2 – paragraph 1 – point 52 a (new)
52a. ‘standards development organisation’ means any organization whose main purpose is developing, coordinating or issuing technical standards, including European standardisation organisations listed in Annex I to Regulation (EU) 1025/20121a. __________________ 1aRegulation (EU) No 1025/2012 of the European Parliament and of the Council of 25 October 2012 on European standardisation, amending Council Directives 89/686/EEC and 93/15/EEC and Directives 94/9/EC, 94/25/EC, 95/16/EC, 97/23/EC, 98/34/EC, 2004/22/EC, 2007/23/EC, 2009/23/EC and 2009/105/EC of the European Parliament and of the Council and repealing Council Decision 87/95/EEC and Decision No 1673/2006/EC of the European Parliament and of the Council (OJ L 316 14.11.2012, p. 12).
Amendment 158 #
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Member States shall, jointly or individually, either nominate or establish a body or bodies as their national supervisory authority in order to assume the tasks assigned to such authority by this Regulation .
Amendment 159 #
Proposal for a regulation
Article 2 – paragraph 1 – point 31
Article 2 – paragraph 1 – point 31
31. ‘'route network’' means a network of specified routes for channelling the flow of general air traffic as necessary for the most efficient provision of ATC services;
Amendment 163 #
Proposal for a regulation
Article 2 – paragraph 1 – point 37
Article 2 – paragraph 1 – point 37
37. ‘'support services’' means air navigation services other than air traffic servicesCNS (communication, navigation and surveillance), MET (meteorological) and AIS (aeronautical information) as well as other services and activities, which are linked to, and support the provision of air navigation services;
Amendment 165 #
Proposal for a regulation
Article 2 – paragraph 1 – point 38 a (new)
Article 2 – paragraph 1 – point 38 a (new)
38a. 'qualified entity' shall mean a body which may be allocated specific certification or oversight tasks by, and under the control and the responsibility of the Agency or a national aviation authority;"
Amendment 166 #
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Member States shall, jointly or individually, either nominate or establish a body or bodies as their national supervisoryaviation authority in order to assume the tasks assigned to such authority under this Regulation and Regulation no. 216/2008.
Amendment 169 #
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 any other public or private entity in terms of their organisation, functioning, funding, legal structure, hierarchy and decision- making.
Amendment 170 #
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
2. The national supervisoryaviation authorities shall be legally distinct and independent in particular in organisational, hierarchical and decision-making terms, from any air navigation service providers or any private or public entitycompany, organisation, public or private entity or personnel falling under the scope of authority activity as provided for in this Regulation and in Art. 1 of Regulation no. 216/2008 or having an interest in the activities of such providerentities.
Amendment 174 #
Proposal for a regulation
Article 3 – paragraph 3 – subparagraph 1
Article 3 – paragraph 3 – subparagraph 1
The national supervisory authorities shall also be independent in terms of their organisation, funding decisions, legal structure and decision-making from any air navigation service provider or other entity falling within the scope of their supervision.
Amendment 178 #
Proposal for a regulation
Article 3 – paragraph 4
Article 3 – paragraph 4
4. Member States may set upThe national supervisory authorities which are competent for several regulated sectors, if those integrated regulatory authorities fulfil the independence requirements set out in this Article. The national supervisory authority may also be joined in respect of its organisational structurey may be joined in respect of its organisational structure with another regulatory authority or with the national competition authority referred to in Article 11 of Council Regulation (EC) No 1/200338 , if the joint body fulfils the independence requirements set out in this Article. __________________ 38Council Regulation (EC) No 1/2003 of 16 December 2002 on the implementation of the rules on competition laid down in Articles 81 and 82 of the Treaty (OJ L 1, 4.1.2003, p. 1).
Amendment 179 #
Proposal for a regulation
Article 3 – paragraph 6 – point b a (new)
Article 3 – paragraph 6 – point b a (new)
(ba) not be seconded from ANSPs or companies under the control of NSPs
Amendment 183 #
Proposal for a regulation
Article 3 – paragraph 6 – point e
Article 3 – paragraph 6 – point e
(e) as regards persons who have been in charge of strategic decisions, audits or other functions directly linked to oversight or performance targets of air navigation service providers for more than six months, have no professional position or responsibility with any of the air navigation service providers after their term in the national supervisoryaviation authority, for a period of at least one year.:
Amendment 184 #
Proposal for a regulation
Article 3 – paragraph 6 – point e – point i (new)
Article 3 – paragraph 6 – point e – point i (new)
(i) at least 12 months for staff in managerial positions;
Amendment 185 #
Proposal for a regulation
Article 3 – paragraph 6 – point e – point ii (new)
Article 3 – paragraph 6 – point e – point ii (new)
(ii) at least six months for staff in non- managerial positions.
Amendment 187 #
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 task and not seek or take instructions from any government or other public or private entity when carrying out its functions.
Amendment 189 #
Proposal for a regulation
Article 4 – paragraph 1 – point a
Article 4 – paragraph 1 – point a
(a) ensuring the supervision of the application of this Regulation and Regulation (EC) No 216/2008, in particular with regard to the safe and efficient operation of air navigation service providers which provide services relating to the airspace falling under the responsibility of the Member State which nominated or established the relevant authority;
Amendment 195 #
Proposal for a regulation
Article 5 – paragraph 1 – subparagraph 1
Article 5 – paragraph 1 – subparagraph 1
The national supervisoryaviation authorities shall exchange information about their work and decision-making principles, practices and procedures as well as implementation of Union law. They shall cooperate for the purpose of coordinating their decision- making across the Union. The national supervisoryaviation authorities shall participate and work together in a network that convenes at regular intervals. The Commission and the European Union Agency for Aviation (hereafter ‘EAA’) shall be members, coordinate and support the work of the network and make recommendations to the network, as appropriate. The Commission and EAA shall facilitate active cooperation of the national supervisoryaviation authorities and exchanges and use of staff between the national supervisory authorities based on a pool of experts to be set up by EAA in accordance with Article 17(2)(f) of Regulation (EC) No 216/2008aviation authorities.
Amendment 197 #
Proposal for a regulation
Article 5 – paragraph 1 – subparagraph 2
Article 5 – paragraph 1 – subparagraph 2
Subject to the rules on data protection provided for in Article 22 of this Regulation and in Regulation (EC) No 45/2001, the Commission shall supportprovide a platform for the exchange of the information referred to in the first and second subparagraph of this paragraph among the members of the network, possibly through electronic tools, respecting the confidentiality of business secrets of air navigation service providerscompanies, organisations or entities involved.
Amendment 199 #
Proposal for a regulation
Article 5 – paragraph 5
Article 5 – paragraph 5
5. In the case of provision of air navigation services in an airspace falling under the responsibility of another Member State, the arrangements referred to in paragraphs 2 and 4 shall include an agreement on the mutual recognition of the supervisory tasks set out in Article 4(1) and (2) and of the results of these tasks. This mutual recognition shall apply also where arrangements for recognition between national supervisoryaviation authorities are made for the certification process of service providers.
Amendment 199 #
Proposal for a regulation
Article 3 – paragraph 6 – subparagraph 1 a (new)
Article 3 – paragraph 6 – subparagraph 1 a (new)
Persons in non-managerial positions 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 one year.
Amendment 203 #
Proposal for a regulation
Article 8 – paragraph 4
Article 8 – paragraph 4
4. The issue of certificates shall confer on air navigation service providers the possibility of offering their services to any Member States, other air navigation service providers, airspace users and airports within the Union and neighbouring third countries, if appropriate, within a functional airspace block, subject to mutual agreement between the relevant parties. With regard to support services this possibility shall be subject to the compliance with Article 10(2).
Amendment 206 #
Proposal for a regulation
Article 9 – paragraph 4
Article 9 – paragraph 4
4. Member States shall have discretionary powers in choosing an air traffic service provider, on condition that the latter is certified or declared in accordance with Regulation (EC) No 216/2008 regardless of which Member State issued the certificate or has been declared to.
Amendment 207 #
Proposal for a regulation
Article 9 – paragraph 5
Article 9 – paragraph 5
5. In respect of functional airspace blocks established in accordance with Article 16 that extend across the airspace under the responsibility of more than one Member State, the Member States concerned shall jointly designate, in accordance with paragraph 1 of this Article, one or more air traffic service providers, at least one month before implementation of the airspace block.
Amendment 209 #
Proposal for a regulation
Article 3 – paragraph 7
Article 3 – paragraph 7
7. Member States shall ensure that national supervisory authorities have the necessary public 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 to the tasks to be fulfilled by the authority in accordance with Article 4.
Amendment 212 #
Proposal for a regulation
Article 10 – paragraph 1 – subparagraph 2
Article 10 – paragraph 1 – subparagraph 2
Amendment 215 #
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
2. Member States shall take all necessary measures to ensure that the provision of air traffic services is separated from the provision of support services. This separation shall include the requirement that air traffic services and support services are provided by separate undertakingANSPs, when drawing up their business plans, call for offers from different service support suppliers, with a view to choosing the financially and qualitatively most beneficial provider. The PRB provided for by Article 11(2) shall monitor the completion of provisions of this paragraph when evaluating the performance plans.
Amendment 226 #
Proposal for a regulation
Article 4 – paragraph 1 – point c
Article 4 – paragraph 1 – point c
(c) apply 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 227 #
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. The national supervisory authorities shall be responsible for assessing and approving the price setting for the provision of the common information serviceUAVIS, in accordance with Article 9.
Amendment 232 #
Proposal for a regulation
Article 10 – paragraph 5 a (new)
Article 10 – paragraph 5 a (new)
5a. The Commission shall establish detailed rules laying down the modalities of selection of services covered by this article. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 27(3).
Amendment 232 #
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 fines or periodic penalties and/or the amendment, limitation, suspension or revocation of economic certificates issued by them in accordance with Article 6.
Amendment 234 #
Proposal for a regulation
Article 4 – paragraph 3 – subparagraph 2
Article 4 – paragraph 3 – subparagraph 2
The air navigation service providers, airport operators and the common information serviceUAVIS providers concerned shall comply with the measures taken by the national supervisory authorities to this effect.
Amendment 235 #
Proposal for a regulation
Article 4 – paragraph 3 a (new)
Article 4 – paragraph 3 a (new)
3a. Member States shall ensure that decisions taken by the national supervisory authority pursuant to this Article are subject to judicial review.
Amendment 236 #
Proposal for a regulation
Article 4 – paragraph 3 b (new)
Article 4 – paragraph 3 b (new)
3b. The Commission shall be empowered to adopt delegated acts in accordance with Article 36 with regard to the imposition of fines and periodic penalty payments in accordance with this Article and Articles 8(3a), 13(11), 14(10). Those delegated acts shall lay down: (a) detailed criteria and a detailed methodology for establishing the amounts of the fines and periodic penalty payments; (b) detailed rules for enquiries, associated measures and reporting, as well as decision-making, including provisions on rights of defence, access to file, legal representation, confidentiality and temporary provisions; and (c) procedures for the collection of the fines and periodic penalty payments.
Amendment 239 #
Proposal for a regulation
Article 11 – paragraph 1 – point a
Article 11 – paragraph 1 – point a
(a) Union -wide and associated local performance targets on the key performance areas of safety, the environment, capacity and cost-efficiency in accordance with the high level goals of ATM Master plan fixed for a whole of a Reference Period;
Amendment 239 #
Proposal for a regulation
Article 5 – paragraph 4
Article 5 – paragraph 4
4. In the case of provision of air navigation services in an airspace falling under the responsibility of another Member State, tThe agreements referred to in paragraph 3 shall provide for the mutual recognition of the discharge, by each of the authorities, of the supervisory tasks set out in this Regulation and of the results of the discharge of these tasks. They shall also specify which national supervisory authority shall be in charge of the economic certification set out in Article 6.
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 11 – paragraph 2
Article 11 – paragraph 2
2. The Commission shall designate an independent, impartial and competent body to act as a ‘'performance review body’. The role of' ( PRB ). The PRB shall be established as a European economic regulator under the superformance review bodyvision of the Commission. The role of PRB shall be to assist the Commission, in coordination with the national supervisoryaviation authorities, and to assist and monitor the national supervisoryaviation authorities on request in the implementation of the performance scheme referred to in paragraph 1. Technical assistance to the performance review bodyPRB may be provided by EAA and, the Network Manager, Eurocontrol or another competent entity.
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 11 – paragraph 7 – subparagraph 1 – point b
Article 11 – paragraph 7 – subparagraph 1 – point b
(b) selection of appropriate key performance areas on the basis of ICAO Document No 9854 ‘'Global air traffic management operational concept’', and consistent with those identified in the Performance Framework of the ATM Master Plan, including safety, the environment, capacity and cost-efficiency areas, adapted where necessary in order to take into account the specific needs of the Single European Sky and relevant objectives for these areas and definition of a limited set of key performance indicators for measuring performance; a special attention shall be given to the safety performance indicators;
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 276 #
Proposal for a regulation
Article 11 – paragraph 7 – subparagraph 2
Article 11 – paragraph 7 – subparagraph 2
The Commission shall be empowered to adopt delegated acts in accordance with Article 26 in order to adopt the Union- wide performance targets and lay down detailed rules for the proper functioning of the performance scheme in accordance with the points listed in this paragraph.
Amendment 276 #
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 applicants shall also demonstrate that they have policies and processes in place to ensure compliance with Treaty rules on competition.
Amendment 280 #
Proposal for a regulation
Article 13 – paragraph 3
Article 13 – paragraph 3
3. The cost to be shared among airspace users shall be the determined cost expressed in nominal terms of providing air navigation services, including appropriate amounts for interest on capital investment and depreciation of assets, as well as the costs of maintenance, operation, management and administration, including the costs incurred by EAA for relevant authority tasks. Determined costs shall be the costs determined by the Member State at national level or at the level of functional airspace blocks either at the beginning of the reference period for each calendar year of the reference period referred to in Article 11(5), or during the reference period, following appropriate adjustments applyingctivation of the alert mechanisms set out in Article 11. Any further adjustent of the determined costs during the reference period shall not be allowed.
Amendment 281 #
Proposal for a regulation
Article 6 – paragraph 1 – subparagraph 1
Article 6 – paragraph 1 – subparagraph 1
The economic certificate referred to in this paragraph may be amended, limited, suspended or revoked when the holder no longer complies with the requirements for issuing and maintaining such certificate.
Amendment 282 #
Proposal for a regulation
Article 6 – paragraph 1 – subparagraph 1 – point a (new)
Article 6 – paragraph 1 – subparagraph 1 – point a (new)
(a) In case of limitation, suspension or revocation of the economic certificate the national supervisory authority shall apply a contingency plan to ensure business continuation.
Amendment 283 #
Proposal for a regulation
Article 14 a (new)
Article 14 a (new)
Article 14a Implementation of ATM Master Plan 1. Implementation of the ATM Master Plan shall be coordinated by the Commission. The Network Manager, Performance Review Body and Deployment Manager shall contribute to the implementation of the ATM Master Plan in accordance with the provisions of this Regulation.
Amendment 284 #
Proposal for a regulation
Article 14 b (new)
Article 14 b (new)
Article 14b The Commission shall adopt measures establishing the governance of implementation of ATM Master Plan including defining and selection of responsible for management level (Deployment Manager). Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 27(3).
Amendment 285 #
Proposal for a regulation
Article 14 c (new)
Article 14 c (new)
Article 14c The deployment Manager shall recommend to the Commission binding deadlines for deployment and appropriate corrective actions concerning delayed implementation.
Amendment 287 #
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 conditions shall be objectively justified, 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 an economic level playing field and financial resilience of service provision.
Amendment 289 #
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
1., Member States shall take all necessary measures in order to ensure the establishment and implementation of operational functional airspace blocks based on integrated provision of air trafficnavigation services with a view to achieving the required capacity and efficiency of the air traffic management network within the Single European Sky and maintaining a high level of safety and contributing to the overall performance of the air transport system and reduced environmental impact.
Amendment 291 #
Proposal for a regulation
Article 6 – paragraph 4
Article 6 – paragraph 4
4. The national supervisory authoritiesy of the Member State where the natural or legal person applying for the economic certificate has its principal place of business or, 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 authorities responsible shall be those specified in accordance with Article 5(4).
Amendment 292 #
Proposal for a regulation
Article 16 – paragraph 2
Article 16 – paragraph 2
2. The functional airspace blocks shall, wherever possible, be set-up based on co- operative industrial partnerships between air navigation service providers, in particular relating to the provision of support services in accordance with Article 10. The industrial partnerships may support one or more functional airspace block, or part thereof to maximise performance.
Amendment 294 #
Proposal for a regulation
Article 16 – paragraph 3
Article 16 – paragraph 3
3. Member States, as well as air trafficnavigation service providers shall cooperate to the fullest extent possible with each other in order to ensure compliance with this Article. Where relevant, cooperation may also include air trafficnavigation service providers from third countries taking part in functional airspace blocks.
Amendment 295 #
Proposal for a regulation
Article 6 – paragraph 6
Article 6 – paragraph 6
Amendment 305 #
Proposal for a regulation
Article 16 – paragraph 6 – subparagraph 1
Article 16 – paragraph 6 – subparagraph 1
An operational functional airspace block that extend across the airspace under the responsibility of more than one Member State shall be established by joint designation between all the Member States, as well as, where appropriate, third countries that have responsibility for any part of the airspace included in the functional airspace block.
Amendment 311 #
Proposal for a regulation
Article 17 – paragraph 2 – subparagraph 1 – point e
Article 17 – paragraph 2 – subparagraph 1 – point e
(e) optimisation of airspace design, including airspace sectors and airspace structures in the en-route and terminal areas, in co- operation with the air navigation service providers and functional airspace blocks referred to in Article 16;
Amendment 313 #
Proposal for a regulation
Article 17 – paragraph 2 – subparagraph 3
Article 17 – paragraph 2 – subparagraph 3
The Commission may, and in conformity with the implementing rules referred to in paragraph 4, appoint Eurocontrol, or another impartial and competent body, to carry out the tasks of the Network Manager. These tasks shall be executed in an impartial and cost-effective manner and performed on behalf of the Union, Member States and stakeholders. They shall be subject to appropriate governance, which recognises the separate accountabilities for service provision and regulation, taking into consideration the needs of the whole ATM network and with the full involvement of the airspace users and air navigation service providers. By 1 January 202016, the Commission shall designate the Network Manager as a self- standing service provider where possible set up as an industrial partnership.
Amendment 316 #
Proposal for a regulation
Article 19 – paragraph 1
Article 19 – paragraph 1
The air navigation service providers shall establish consultation mechanisms to consult the relevant groups of airspace users and aerodrome operators on all major issues related to services provided, or relevant changes to airspace configurations. The airspace users shall also be involved in the process of approving strategic investment plans only for aspects requiring synchronisation between air and ground equipment deployment. 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 27 (3).
Amendment 316 #
Proposal for a regulation
Article 7 – paragraph 1 – subparagraph 1
Article 7 – paragraph 1 – subparagraph 1
Each decision to designate an air traffic service provider shall be valid for a maximum of tenfive years. Member States may decide to renew the designation of an air traffic service provider.
Amendment 322 #
Proposal for a regulation
Article 21 – paragraph 4
Article 21 – paragraph 4
4. Member States shall designate the competentNational aviation authorities that shall have a right of access to the accounts of service providers that provide services within the airspace under their responsibility.
Amendment 337 #
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 useras well as operational gains, air traffic service providers may decide to procure, individually or jointly, CNS, AIS, ADS or MET services under market conditions.
Amendment 346 #
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 users, Member States shall allow, as well as operational gains, airport operators may decide to procure terminal air traffic services for aerodrome control and terminal air traffic services for approach control under market conditions.
Amendment 356 #
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 may allow airport operators or the national supervisory authority concerned to procure terminal air traffic services for approach cocase of a group of airports, the operators or the national supervisory authority concerned may decide that terminal air traffic services for approach control are to be procured at those airports. The national supervisory authority shall coordinate and oversee the procurement procedures, in particular for respecting the implementation of the European ATM Master Plan, the interol under market condiperability and ground/air investment coordinations.
Amendment 364 #
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 be maximum of five years.
Amendment 368 #
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
3. Member States shall take all necessary measuresAir navigation services provider shall have the obligation to ensure that the provision of en route air traffic services is functionally and organisationally separated in terms of organisation from the individually provision of CNS, AIS, ADS, MET and terminal air traffic services and that the requirement concerning the separation of individual accounts referred to in Article 25(3) is respected. Member States shall take all necessary measures to ensure that the provisions of this Paragraph are implemented.
Amendment 373 #
Proposal for a regulation
Article 8 – paragraph 3 a (new)
Article 8 – paragraph 3 a (new)
3a. The Commission shall be empowered to adopt delegated acts in accordance with Article 36 with regard to the imposition of fines and periodic penalty payments applicable to infringements of Paragraph 3 of this article.
Amendment 374 #
Proposal for a regulation
Article 8 – paragraph 4 – introductory part
Article 8 – paragraph 4 – introductory part
4. A provider, individually or in a package, of CNS, AIS, ADS, MET or terminal air traffic services may only be selected to provide services in a Member State, when:
Amendment 375 #
Proposal for a regulation
Article 8 – paragraph 4 – point a
Article 8 – paragraph 4 – point a
(a) it is certified in accordance with Article 6(1) and 6(2)Article 41 of Regulation (EU) No 2018/1139;
Amendment 380 #
Proposal for a regulation
Article 8 – paragraph 5
Article 8 – paragraph 5
5. Articles 14, 17 and 19 to 22 shall not apply to tThe terminal air traffic service providers designated as a result of a procurement procedure in accordance with the second and third subparagraphs of paragraph 1. Those terminal air traffic service providers shall apply Articles 14, 17 and 19 to 22 and shall provide data on the performance of air navigation services in the key performance areas of safety, the environment, capacity and cost-efficiency to national supervisory authority and the Agency acting as PRB for monitoring purposes.
Amendment 383 #
Proposal for a regulation
Article 8 – paragraph 6
Article 8 – paragraph 6
6. National supervisory authorities shall ensure that procurement by air traffic service providers and airport operators as referred to in paragraph 1 complies with paragraph 2, and where necessary shall apply corrective measures. In the case of terminal air traffic services, they shall be responsible for approving tender specifications for terminal air traffic services, which shall include requirements on service quality, in particular for respecting the implementation of the European ATM Master Plan, the interoperability and ground/air investment coordination. The national supervisory authorities shall refer to the national competition authority referred to in Article 11 of Council Regulation (EC) No 1/2003 matters relating to the application of competition rules.
Amendment 385 #
Proposal for a regulation
Article 9 – title
Article 9 – title
Provision of commonUAV information services (UAVIS) for the management of unmanned aircraft traffic
Amendment 391 #
Proposal for a regulation
Article 9 – paragraph 2 – introductory part
Article 9 – paragraph 2 – introductory part
2. The price for common information servicesUAVIS shall be based on the fixed and variable costs of providing the service concerned and may, in addition, include a mark-up reflecting an appropriate risk- return trade-off.
Amendment 393 #
Proposal for a regulation
Article 9 – paragraph 3
Article 9 – paragraph 3
3. The common information serviceUAVIS provider shall set the price in accordance with paragraph 2, subject to assessment and approval by the national supervisory authority concerned.
Amendment 394 #
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 concerned, relevant operational data shall be made available in real-time by air navigation service providers. Common information serviceUAVIS providers shall use those data only for operational purposes of the services they provide. Access to relevant operational data shall be granted to common information serviceUAVIS providers, on a non- discriminatory basis, without prejudice to security or defence policy interests.
Amendment 397 #
Proposal for a regulation
Article 9 – paragraph 4 a (new)
Article 9 – paragraph 4 a (new)
4a. The Commission shall be empowered to adopt delegated acts in accordance with Article 36 to supplement certain non-essential elements of the legislative act, with regard to 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 406 #
Proposal for a regulation
Article 10 – paragraph 2 – introductory part
Article 10 – paragraph 2 – introductory part
2. The performance scheme shall be implemented over reference periods, which shall be a minimum of two years and a maximum of fivthree years. The performance scheme shall include:
Amendment 436 #
Proposal for a regulation
Article 10 – paragraph 3 a (new)
Article 10 – paragraph 3 a (new)
3a. The Commission shall be assisted by the Agency acting as Performance Review Body (PRB) and national supervisory authorities in the implementation of the performance scheme referred to in paragraph 1 and the charging scheme referred to in Article 19 to 23 in accordance with the provisions of this Regulation and [ Regulation PRB ].
Amendment 456 #
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
2. In due time before the start of the relevant reference period, the Commission, shall adopt implementing decisions addressed to each Member State as to whether the intended classification of the services concerned complies with the criteria set out in points (289) and (55) of Article 2. Upon request of the Commission, the Agency acting as PRB shall provide assistance to the Commission for the analysis and preparation of those decisions, by way of an opinion.
Amendment 459 #
Proposal for a regulation
Article 12 – paragraph 3
Article 12 – paragraph 3
3. Where a decision adopted under paragraph 2 findstates that the intended classification does not comply with the criteria set out in points (289) and (55) of Article 2, the Member State concerned shall, having regard to that decision, submit a new notification whose terms comply with those criteria. The Commission shall take a decision on this notification in accordance with paragraph 2.
Amendment 461 #
Proposal for a regulation
Article 12 – paragraph 4
Article 12 – paragraph 4
4. The designated air traffic service providers concerned shall base their draft performance plans for en route and terminal air navigation services on the classifications the Commission has found to be in compliance with the criteria set out in points (289) and (55) of Article 2. The Agency acting as PRB shall base itself on those same classifications when assessing the allocation of costs between en route and terminal air navigation services under Article 13(34).
Amendment 571 #
Proposal for a regulation
Article 13 – paragraph 11 – subparagraph 1
Article 13 – paragraph 11 – subparagraph 1
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, 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 640 #
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, including fines and periodic penalty payments 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 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 649 #
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 654 #
Proposal for a regulation
Article 16 – paragraph 1 – introductory part
Article 16 – paragraph 1 – introductory part
1. The Network Manager shall, for each reference period, draw up a draft Network Performance Plan in respect of all the network functions which it supports and delivers.
Amendment 670 #
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
Amendment 675 #
Proposal for a regulation
Article 19 – paragraph 1
Article 19 – paragraph 1
1. Without prejudice to the possibility for Member States to finance the provision of air traffic services covered in this Article through public fundsnavigation services through public funds, in so far as it is in line with Treaty rules on competition, charges for air navigation services shall be determined, imposed and enforced on airspace users.
Amendment 684 #
Proposal for a regulation
Article 19 – paragraph 5
Article 19 – paragraph 5
5. Revenues received by an air traffic service provider from charges imposed on airspace users in accordance with this Article shall not be used to finance services which are providedthat air traffic service provider may provide under market conditions in accordance with Article 8 or any other commercial activity performed by that provider.
Amendment 694 #
Proposal for a regulation
Article 20 – paragraph 3 – point b
Article 20 – paragraph 3 – point b
(b) costs or parts thereof incurred by the air traffic service providers, in relation to their oversight and certification by national competent authority and national supervisory authorities, unless other financial resources are used by Member States to cover such costs;
Amendment 702 #
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 staff costs, depreciation costs, cost of capital, costs incurred for fees and charges paid to the Agency acting as PRB,, fees and charges paid to the Agency acting as PRB, costs incurred for fees and charges paid to national supervisory authorities and national competent authorities and exceptional costs.
Amendment 725 #
Proposal for a regulation
Article 22 – paragraph 2
Article 22 – paragraph 2
2. The charge for en route air navigation services for a given flight in a given en route charging zone shall be calculated on the basis of the unit rate established for that en route charging zone and the en route service units for that flight. The charge shall be made out of one or more variable components, each based on objective factors.
Amendment 730 #
Proposal for a regulation
Article 22 – paragraph 3
Article 22 – paragraph 3
3. The charge for terminal air navigation services for a given flight in a given terminal charging zone shall be calculated on the basis of the unit rate established for that terminal charging zone and the terminal service units for that flight. For the purpose of calculating the charge for terminal air navigation services, the approach and departure of a flight shall count as a single flight. The charge shall be made out of one or more variable components, each based on objective factors.
Amendment 738 #
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 and sustainable development, to support improvements in service quality such as those leading to reduced delays or to support the implementation of the European ATM Master Plan, while maintaining an optimum safety level. The modulation shall consist of financial advantages or disadvantages and shall be revenue neutral for air traffic service providers.
Amendment 741 #
Proposal for a regulation
Article 23 – paragraph 1
Article 23 – paragraph 1
Amendment 747 #
Proposal for a regulation
Article 23 – paragraph 1 a (new)
Article 23 – paragraph 1 a (new)
The Commission shall be empowered to adopt delegated acts in accordance with Article 36 with regard to the establishment of charges including modulation of charges in accordance with Article 22
Amendment 767 #
Proposal for a regulation
Article 25 – paragraph 3 – point b
Article 25 – paragraph 3 – point b
(b) it provides air navigation services and carries out other activities, of whatever kind, including common information servicesUAVIS;
Amendment 771 #
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 staff costs, depreciation costs, cost of capital, costs incurred for fees and charges paid to the national supervisory authority, the national competent authority, the Agency and the Agency acting as PRB, and exceptional costs and they shall be made publicly available, subject to the protection of confidential information.
Amendment 827 #
Proposal for a regulation
Article 27 – paragraph 2
Article 27 – paragraph 2
2. The Commission mayshall, appoint an independent, impartial and competent body, to carry out the tasks of the Network Manager . The appointment Decision shall include the terms and conditions of the appointment, including the financing of the Network Manager. To this end, the Commission shall adopt an implementing act in accordance with the examination procedure referred to in Article 37(3). This appointment Decision shall include the terms and conditions of the appointment, including the financing of the Network Manager. concerning: a) Appointment requirements and procedure; b) conditions of independence from public and private interest; c) in case of a body attached to another entity requirements for functional and hierarchical separation from that entity; d) requirements of expertise e) financing
Amendment 840 #
Proposal for a regulation
Article 27 – paragraph 5
Article 27 – paragraph 5
5. The Network Manager shall cooperate closely with the Agency acting as PRB in order to ensure that the performance targets referred to in Article 10 are adequately reflected in the capacity to be delivered by individual air navigationtraffic service providers and agreed between the Network Manager and those air navigationtraffic service providers in the Network Operations Plan.
Amendment 865 #
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, especially as regards aspects requiring synchronisation between air and ground equipment deployment. The Commission shall adopt measures detailing the modalities of the consultation and of the involvement of airspace users in approving investment plans, Agency acting as PRB and Network Manager in drafting and approving investment plans to ensuring in particular their consistency with the ATM Master Plan and common projects as referred to in Article 35. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 37 (3).
Amendment 872 #
Proposal for a regulation
Article 31 – paragraph 1
Article 31 – paragraph 1
1. . With regard to general air traffic, relevant operational data shall be made available in real-time, on a non- discriminatory basis and without prejudice to security or defence policy interests, by all air navigation service providers, airspace users, airports, and the Network Manager, including on cross-border basis and on a Union-wide basis. Such availability shall be to the benefit of certified or declared air traffic service providers, entities having a proven interest in considering the provision of air navigation service providers, airspace users and airports as well as the Network Manager. The data shall be used only for operational purposes.
Amendment 884 #
Proposal for a regulation
Article 33 – paragraph 1
Article 33 – paragraph 1
1. Taking into account the organisation of military aspects under their responsibility, Member States shall ensure the application within the single European sky of the concept of the flexible use of airspace as described by ICAO and as developed by Eurocontrolprovided by Union law, in order to facilitate airspace management and air traffic management in the context of the common transport policy and in consistency with the European ATM Master Plan .
Amendment 886 #
Proposal for a regulation
Article 34 – paragraph 1
Article 34 – paragraph 1
1. The entities in charge of tasks established in Union law in the areas of coordination of the SESAR definition phase, the SESAR development phase and the SESAR deployment phase, as the case may be, shall cooperate to ensure effective coordination between those three phases so as to achieve a seamless and timely transition between them. All relevant civil and military stakeholders shall be involved to the widest possible extent. 2. The coordination of standardisation activities shall be executed by the Commission with assistance from the Agency. They shall be subject to appropriate governance, which shall recognise the needs and priorities of operational stakeholders. 3. Commission shall, with a view to achieving the objectives set out in Article 1, adopt, in accordance with the examination procedure referred to in Article 37(3), implementing acts laying down detailed provisions concerning establishment of an integrated European Aviation Standards Coordination Group for the coordination of standards necessary for aviation including decision- making and coordination processes involving operational stakeholders and aviation-related standards development organisations as referred to in paragraph 2.
Amendment 891 #
Proposal for a regulation
Article 35 – paragraph 3
Article 35 – paragraph 3
3. Common projects may be eligible for Union funding. To this end, and without prejudice to Member States' competence to decide on the use of their financial resources, the Commission shall carry out an independent cost-benefit analysis and appropriate consultations with Member States and with relevant stakeholders in accordance with Article 10, exploring all appropriate means for financing the implementation thereof including financial mechanisms to improve the synchronisation of air-based and ground-based capital expenditure related to the deployment of SESAR solutions.
Amendment 895 #
Proposal for a regulation
Article 35 – paragraph 4
Article 35 – paragraph 4
4. The Commission shall establish the common projects and, governance mechanisms and financial mechanism referred to in paragraphs 1, 2 and 23 through implementing acts adopted in accordance with the examination procedure referred to in Article 37(3).
Amendment 899 #
Proposal for a regulation
Article 36 – paragraph 2
Article 36 – paragraph 2
2. The delegation of power referred to in Articles 64, 6, 8, 9(4a), 13, 14, 23 and 26 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.