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Activities of Marian-Jean MARINESCU related to 2020/0264(COD)

Shadow reports (1)

REPORT on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EU) 2018/1139 as regards the capacity of the European Union Aviation Safety Agency to act as Performance Review Body of the Single European Sky
2021/06/28
Committee: TRAN
Dossiers: 2020/0264(COD)
Documents: PDF(262 KB) DOC(87 KB)
Authors: [{'name': 'Bogusław LIBERADZKI', 'mepid': 23768}]

Amendments (42)

Amendment 28 #
Marian-Jean MARINESCU
Proposal for a regulation
Recital 1
(1) In order to optimise the application of the rules regarding the Single European Sky, Regulation [amended SES2+] establishes the organisation and the competence, for various tasks notably in respect of the performance and charging schemes, of a specialised Union body, the European Union Aviation Safety Agency acting as Performance Review Body (hereafter the “Agency acting as PRB”).
2021/02/04
Committee: TRAN
Amendment 30 #
Marian-Jean MARINESCU
Proposal for a regulation
Recital 2
(2) In line with this objective, it is necessary to establish, within the Agency, a corresponding, 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, in this context, the Agency can rely on dedicated resources.deleted
2021/02/04
Committee: TRAN
Amendment 33 #
Marian-Jean MARINESCU
Proposal for a regulation
Recital 4
(4) For these purposes, 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.deleted
2021/02/04
Committee: TRAN
Amendment 34 #
Marian-Jean MARINESCU
Proposal for a regulation
Recital 5
(5) In line with the principles set out above, 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.deleted
2021/02/04
Committee: TRAN
Amendment 36 #
Marian-Jean MARINESCU
Proposal for a regulation
Recital 6
(6) The Management Board of the Agency should have the necessary powers in particular to appoint the Director for Performance Review.deleted
2021/02/04
Committee: TRAN
Amendment 39 #
Marian-Jean MARINESCU
Proposal for a regulation
Recital 7
(7) The Director for Performance Review should in particular be the legal representative of the Agency in matters of performance review and be in charge of the day-to-day administration in respect of this matter, as well as of various preparatory tasks. The Director for Performance Review should also draft and submit the section on performance review of the programming document, the annual work programme and the annual activity report of the Agency. The Regulatory Board for Performance Review as an independent body should be involved in those activities as necessary.deleted
2021/02/04
Committee: TRAN
Amendment 41 #
Marian-Jean MARINESCU
Proposal for a regulation
Recital 8
(8) 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.deleted
2021/02/04
Committee: TRAN
Amendment 43 #
Marian-Jean MARINESCU
Proposal for a regulation
Recital 9
(9) 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.deleted
2021/02/04
Committee: TRAN
Amendment 44 #
Marian-Jean MARINESCU
Proposal for a regulation
Recital 10
(10) The Agency acting as PRB should carry out any necessary consultations and act transparently.deleted
2021/02/04
Committee: TRAN
Amendment 46 #
Marian-Jean MARINESCU
Proposal for a regulation
Recital 11
(11) The Agency shall account the revenue and expenditure for performance review separately from other revenue and expenditure. In line with the principle of independence of the Agency acting as PRB, the draft statement of estimates of the revenue and expenditure on performance review to be presented to the Executive Director should be prepared by the Director for Performance Review. Within this draft statement of estimates, changes to the revenue and expenditure on performance review should require the approval of the Director for Performance Review. In the event of disagreement between the Director for Performance Review and the Executive Director, the Director for Performance Review should be put in a position to state his or her views in an effective manner to the attention of the Management Board, before the latter adopts the provisional draft estimate of revenue and expenditure of the Agency.
2021/02/04
Committee: TRAN
Amendment 47 #
Marian-Jean MARINESCU
Proposal for a regulation
Recital 12
(12) It is appropriate that designated air traffic service providers contribute to the setting up of the operation of the Agency acting as PRB and its continuous functioning. Designated air traffic service providers hold natural monopolies in respect of the services concerned, and those services are remunerated by airspace users. Because of this specific feature, it is necessary that the performance and charging schemes be applied to them, so as to optimise the provision of the services concerned on a number of points. The principal role of the Agency acting as PRB consists in the application of those schemes, and the funds necessary for its setting up can therefore be considered as necessary for reasons linked to the peculiar features and the peculiar position of the providers of the services concerned.deleted
2021/02/04
Committee: TRAN
Amendment 51 #
Marian-Jean MARINESCU
Proposal for a regulation
Recital 13
(13) Costs related to the supervision of designated air traffic service providers by the Agency acting as PRB can be divided into costs for its setting up and running costs.deleted
2021/02/04
Committee: TRAN
Amendment 52 #
Marian-Jean MARINESCU
Proposal for a regulation
Recital 14
(14) 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.deleted
2021/02/04
Committee: TRAN
Amendment 53 #
Marian-Jean MARINESCU
Proposal for a regulation
Recital 15
(15) 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.deleted
2021/02/04
Committee: TRAN
Amendment 54 #
Marian-Jean MARINESCU
Proposal for a regulation
Recital 16
(16) 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. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council3 . _________________ 3Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission's exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).deleted
2021/02/04
Committee: TRAN
Amendment 56 #
Marian-Jean MARINESCU
Proposal for a regulation
Recital 17
(17) 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.deleted
2021/02/04
Committee: TRAN
Amendment 58 #
Marian-Jean MARINESCU
Proposal for a regulation
Recital 18
(18) No revenue received by the Agency, of whatever source, should compromise its independence and impartiality.deleted
2021/02/04
Committee: TRAN
Amendment 59 #
Marian-Jean MARINESCU
Proposal for a regulation
Recital 19
(19) 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.deleted
2021/02/04
Committee: TRAN
Amendment 60 #
Marian-Jean MARINESCU
Proposal for a regulation
Recital 20
(20) 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.deleted
2021/02/04
Committee: TRAN
Amendment 69 #
Marian-Jean MARINESCU
Proposal for a regulation
Article 1 – paragraph 1 – point 4 – point a – point ii
Regulation (EU) 2018/1139
Article 98 – paragraph 2 – point l
(l) take decisions on the establishment of the internal structures of the Agency at directors’ level and, where necessary, their modifications, subject, in the case of internal structures concerning performance review, to a corresponding request by the Director for Performance Review and a positive opinion of the Regulatory Board for Performance Reviewwith the exception of the structure of the Agency acting as PRB. Any such decisions shall not affect the separation between the Regulatory Board for Performance Review, the Director for Performance Review, the Advisory Board for Performance Review, the Appeal Board for Performance Review and the staff working for the Agency acting as PRB on the one hand, and the other bodies and function holders of the Agency on the other hand;;
2021/02/04
Committee: TRAN
Amendment 73 #
Marian-Jean MARINESCU
Proposal for a regulation
Article 1 – paragraph 1 – point 4 – point b
Regulation (EU) 2018/1139
Article 98 – paragraph 2a
(b) the following paragraph 2a is inserted: ‘2a. In respect of matters regarding performance review, the Management Board shall: (a) after consulting the Regulatory Board for Performance Review and obtaining its favourable opinion, appoint the Director for Performance Review in accordance with Article 114g and where relevant extend his or her term of office or remove him or her from office; (b) appoint the members of the Regulatory Board for Performance Review in accordance with Article 114c; (c) after consulting the Regulatory Board for Performance Review, appoint the members of the Appeal Board for Performance Review in accordance with Article 114l; (d) decide, after obtaining the agreement of the Commission, and as regards the revenue and expenditure in respect of performance review, whether to accept any legacies, donations or grants from other Union sources or any voluntary contribution from the Member States or from the national supervisory authorities referred to in Article 3 of [Amended SES2+]; (e) after consulting the Regulatory Board for Performance Review, exercise disciplinary authority over the Director for Performance Review; (f) after consultation of the Regulatory Board for Performance Review, establish procedures for issuing opinions, recommendations and decisions by the Agency acting as PRB as referred to in Article 119a(4); (g) subject to the favourable opinion of the Regulatory Board for Performance Review, and on the basis of a proposal by the Director for Performance Review, adopt and regularly update the communication and dissemination plans on performance review referred to Article 119a(5); (h) subject to the favourable opinion of the Regulatory Board for Performance Review, authorise the conclusion of working arrangements in accordance with Article 129a(4); (i) subject to the favourable opinion of the Regulatory Board for Performance Review, and on the basis of a proposal by the Director for Performance Review, establish mechanisms and procedures for consultation of stakeholders referred to in Article 38 of [Amended SES2+] and Article 119a of this Regulation.;’deleted
2021/02/04
Committee: TRAN
Amendment 78 #
Marian-Jean MARINESCU
Proposal for a regulation
Article 1 – paragraph 1 – point 4 – point c
Regulation (EU) 2018/1139
Article 98 – paragraph 4
4. The Management Board shall establish an advisory body representing the full range of interested parties affected by the work of the Agency, which it shall consult prior to making decisions in the fields referred to in paragraph 2, points (c), (e), (f) and (i). The Management Board shall fully integrate the contribution provided by the Director for Performance Review in accordance with Article 114h5h [amended SES2+] when making decisions in the fields referred to in paragraph 2, points (c) and (f). The Management Board may also decide to consult the advisory body on other issues referred to in paragraphs 2 and 3, except the areas related to the function of the Agency acting as PRB. The Management Board shall not, in any case, be bound by the opinion of the advisory body.;
2021/02/04
Committee: TRAN
Amendment 79 #
Marian-Jean MARINESCU
Proposal for a regulation
Article 1 – paragraph 1 – point 4 – point e
Regulation (EU) 2018/1139
Article 98 – paragraph 7
(e) the following paragraph 7 is added: ‘7. The Management Board shall adopt, in accordance with Article 110 of the Staff Regulations, a decision based on Article 2(1) of the Staff Regulations and on Article 6 of the Conditions of Employment of Other Servants, delegating relevant appointing authority powers to the Director for Performance Review as regards members of staff whose posts are attributed to the function of the Agency acting as PRB, and defining the conditions under which that delegation of powers can be suspended. The Director for Performance Review shall be authorised to sub-delegate those powers. Where exceptional circumstances so require, the Management Board may decide to temporarily suspend the delegation of the appointing authority powers to the Director for Performance Review and those sub-delegated by the latter and exercise them itself or delegate them to one of its members or to a staff member other than the Director for Performance Review. A decision to this effect shall require a positive vote on the part of the representative of the Commission in the Management board. The exceptional circumstances shall be strictly limited to administrative, budgetary or managerial matters, without prejudice to the Director for Performance Review’s full independence concerning his or her tasks pursuant to point (d) of Article 114h(3).;’deleted
2021/02/04
Committee: TRAN
Amendment 85 #
Marian-Jean MARINESCU
Proposal for a regulation
Article 1 – paragraph 1 – point 7
Regulation (EU) 2018/1139
Article 102 – paragraph 4
4. In order for them to be adopted, decisions on budgetary, human resources or administrative matters, in particular matters referred to in Article 98(2), points (d), (f), (h), (m), (n), (o) and (q), Article 98(2a), points (a), (b), (c), (e) and (f)), and Article 98(7) require a positive vote from the representative of Commission in the Management Board.;
2021/02/04
Committee: TRAN
Amendment 88 #
Marian-Jean MARINESCU
Proposal for a regulation
Article 1 – paragraph 1 – point 8 – point b – point ii
Regulation (EU) 2018/1139
Article 104 – paragraph 3 – point h
(h) preparing the Agency’s draft statement of estimates of revenue and expenditure pursuant to Article 120, integrating the draft estimate of the revenue and expenditure of the Agency for its functions as PRB prepared by the Director for Performance Review in accordance with Articles 1145h and 120a,5v of [amended SES2+] and implementing its budget pursuant to Article 121, except the budget of the Agency for its functions as PRB;;
2021/02/04
Committee: TRAN
Amendment 89 #
Marian-Jean MARINESCU
Proposal for a regulation
Article 1 – paragraph 1 – point 8 – point b – point iii
Regulation (EU) 2018/1139
Article 104 – paragraph 3 – point j
(j) preparing the programming document referred to in Article 117(1) and, after having integrated the PRB’s section submitted by the Director for Performance Review in accordance with points (g) and (g new) of Article 1145h(3)and Article 117a, of [amended SES2+] submitting it to the Management Board for adoption, after having obtained the opinion of the Commission. Any change to the PRB’s section shall only be made upon approval of the Director for Performance Review;;
2021/02/04
Committee: TRAN
Amendment 91 #
Marian-Jean MARINESCU
Proposal for a regulation
Article 1 – paragraph 1 – point 8 – point c
Regulation (EU) 2018/1139
Article 104 – paragraph 4 – subparagraph 1
4. The Executive Director of the Agency shall also be responsible for deciding whether it is necessary for the purpose of carrying out the Agency’s tasks in an efficient and effective manner to establish one or more local offices in one or more Member States or to co-locate staff in Union delegations in third countries subject to the appropriate agreements with the European External Action Service.
2021/02/04
Committee: TRAN
Amendment 92 #
Marian-Jean MARINESCU
Proposal for a regulation
Article 1 – paragraph 1 – point 8 – point c
Regulation (EU) 2018/1139
Article 104 – paragraph 4 – subparagraph 2
The first subparagraph shall not apply to the Agency in its function as PRB. In respect of those functions, the Director for Performance Review shall be responsible for deciding whether it is necessary for the purpose of carrying out the work of the Agency in an efficient and effective manner to establish one or more local offices in one or more Member States.
2021/02/04
Committee: TRAN
Amendment 96 #
Marian-Jean MARINESCU
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Regulation (EU) 2018/1139
Section II a (new)
[...]deleted
2021/02/04
Committee: TRAN
Amendment 161 #
Marian-Jean MARINESCU
Proposal for a regulation
Article 1 – paragraph 1 – point 10
Regulation (EU) 2018/1139
Article 117 a – paragraph 2
2. The section of the annual work programme on performance review in the programming document shall comprise detailed objectives and expected results, including performance indicators. It shall also contain a description of the actions to be financed and an indication of the financial and human resources allocated to each action, in accordance with the principles of activity-based budgeting and management. The section on performance review of the annual work programme shall be coherent with the section on performance review of the multi-annual work programme referred to in paragraph 4. It shall clearly indicate the tasks that have been added, changed or deleted in comparison with the previous financial year.deleted
2021/02/04
Committee: TRAN
Amendment 163 #
Marian-Jean MARINESCU
Proposal for a regulation
Article 1 – paragraph 1 – point 10
Regulation (EU) 2018/1139
Article 117 a – paragraph 4
4. The section on performance review of the multi-annual work programme in the programming document shall set out the overall strategic programming, including objectives, expected results and performance indicators. It shall also set out resource programming, including the multi-annual budget and staff. The resource programming shall be updated annually. The strategic programming shall be updated where appropriate, in particular to address the outcome of the evaluation referred to in Article 124(4).;deleted
2021/02/04
Committee: TRAN
Amendment 165 #
Marian-Jean MARINESCU
Proposal for a regulation
Article 1 – paragraph 1 – point 10
Regulation (EU) 2018/1139
Article 117 a – paragraph 4 – subparagraph 2
The resource programming shall be updated annually. The strategic programming shall be updated where appropriate, in particular to address the outcome of the evaluation referred to in Article 124(4).;deleted
2021/02/04
Committee: TRAN
Amendment 167 #
Marian-Jean MARINESCU
Proposal for a regulation
Article 1 – paragraph 1 – point 11
Regulation (EU) 2018/1139
Article 118 a – paragraph 2
2. The section on performance review of the consolidated annual activity report shall include an independent section on regulatory activities and a section on financial and administrative matters. The Regulatory Board for Performance Review shall approve the independent section on regulatory activities prior to the submission to the Executive Director, in accordance with Article 114b(1), point (e).;deleted
2021/02/04
Committee: TRAN
Amendment 169 #
Marian-Jean MARINESCU
Proposal for a regulation
Article 1 – paragraph 1 – point 12
Regulation (EU) 2018/1139
Article 119 a
[...]deleted
2021/02/04
Committee: TRAN
Amendment 178 #
Marian-Jean MARINESCU
Proposal for a regulation
Article 1 – paragraph 1 – point 13 – point b Regulation (EU) 2018/1139
3. Revenue and expenditure for all activities not covered by Article 120a(1)5v(1) [Amended SES2+] shall be in balance.;
2021/02/04
Committee: TRAN
Amendment 179 #
Marian-Jean MARINESCU
Proposal for a regulation
Article 1 – paragraph 1 – point 14
Regulation (EU) 2018/1139
Article 120a
[...]deleted
2021/02/04
Committee: TRAN
Amendment 192 #
Marian-Jean MARINESCU
Proposal for a regulation
Article 1 – paragraph 1 – point 15 – point b
Regulation (EU) 2018/1139
Article 121 – paragraph 8
8. The Executive Director shall send the Court of Auditors a reply to its observations by 30 September following each financial year. He or she shall also send that reply to the Management Board and the Commission. Where activities on performance review are concerned, that reply shall be prepared together withand sent by the Director for Performance Review.;
2021/02/04
Committee: TRAN
Amendment 194 #
Marian-Jean MARINESCU
Proposal for a regulation
Article 1 – paragraph 1 – point 16
Regulation (EU) 2018/1139
Article 124 – paragraph 4
4. Paragraphs 1, 2 and 3 shall not apply to the Agency acting as PRB. In conjunction with the evaluation referred to in Article 43 of [Amended SES2+], 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.
2021/02/04
Committee: TRAN
Amendment 196 #
Marian-Jean MARINESCU
Proposal for a regulation
Article 1 – paragraph 1 – point 16
Regulation (EU) 2018/1139
Article 124 – paragraph 5
5. 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 [Amended SES2+ ] be amended accordingly.deleted
2021/02/04
Committee: TRAN
Amendment 197 #
Marian-Jean MARINESCU
Proposal for a regulation
Article 1 – paragraph 1 – point 16
Regulation (EU) 2018/1139
Article 124 – paragraph 6
6. 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.;deleted
2021/02/04
Committee: TRAN
Amendment 198 #
Marian-Jean MARINESCU
Proposal for a regulation
Article 1 – paragraph 1 – point 18
Regulation (EU) 2018/1139
Article 126 a and 126 b
[...]deleted
2021/02/04
Committee: TRAN
Amendment 212 #
Marian-Jean MARINESCU
Proposal for a regulation
Article 1 – paragraph 1 – point 20
Regulation (EU) 2018/1139
Article 129 a
(20) the following Article 129a is inserted: ‘Article 129a 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 2, 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 2 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 2 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.;’deleted
2021/02/04
Committee: TRAN
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