92 Amendments of Marco CAMPOMENOSI related to 2013/0186(COD)
Amendment 121 #
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
2. The application of this Regulation shall be without prejudice to Member States' sovereignty over their airspace and to the requirements of the Member States relating to public order, public security and defence matters, as set out in Article 44. This Regulation does not cover military operations and training, whereas coordination with military authorities shall be ensured to identify and address potential impacts of the application of this regulation on those activities.
Amendment 166 #
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 legfunctionally distinct and independent from any other public or private entity in terms of their organisation, functioning, legal structure and decision- making.
Amendment 179 #
Proposal for a regulation
Article 3 – paragraph 4
Article 3 – paragraph 4
4. Member States may set up 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 structure with the national competent authority and 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 194 #
Proposal for a regulation
Article 3 – paragraph 6 – introductory part
Article 3 – paragraph 6 – introductory part
6. In addition to the requirements set out in paragraph 5, persons in charge of strategic decisions shall be appointed by an entity of the Member State concerned which does not directly exert ownership rights over air navigation service providersthrough a clear and transparent procedure. Member States shall decide whether these persons are appointed for a fixed and renewable term, or on a permanent basis which only allows dismissal for reasons not related to their decision-making. Persons in charge of strategic decisions shall not seek or take instructions from any government or other public or private entity when carrying out their functions for the national supervisory authority and shall have full authority over the recruitment and management of its staff.
Amendment 198 #
Proposal for a regulation
Article 3 – paragraph 6 – subparagraph 1
Article 3 – paragraph 6 – subparagraph 1
They shall refrain from any direct or indirect interest that may be considered prejudicial to their independence and which may influence the performance of their functions. To that effect, they shall make an annual declaration of commitment and declaration of interests indicating any direct or indirect interests.
Amendment 206 #
Proposal for a regulation
Article 3 – paragraph 6 – subparagraph 2
Article 3 – paragraph 6 – subparagraph 2
Persons in charge of strategic decisions, audits or other functions directly linked to performance targets or oversight of air navigation service providers, 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 two period to be defined by Member States of at least one years.
Amendment 215 #
Proposal for a regulation
Article 3 – paragraph 10
Article 3 – paragraph 10
Amendment 229 #
Proposal for a regulation
Article 4 – paragraph 3 – subparagraph 1
Article 4 – paragraph 3 – subparagraph 1
Amendment 279 #
Proposal for a regulation
Article 6 – paragraph 1 – subparagraph 1
Article 6 – paragraph 1 – subparagraph 1
Amendment 284 #
Proposal for a regulation
Article 6 – paragraph 2 a (new)
Article 6 – paragraph 2 a (new)
2a. In order to avoid unnecessary administrative burden for small organisations, certain air navigation service providers may be exempted from the requirement provided for by paragraph 1 of this Article. Detailed rules shall be adopted in accordance with the examination procedure referred to in Article 37 (3).
Amendment 285 #
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
Amendment 315 #
Proposal for a regulation
Article 7 – paragraph 1 – subparagraph 1
Article 7 – paragraph 1 – subparagraph 1
Amendment 319 #
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
Amendment 324 #
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
3. Member States shall have discretionary powers in choosing an air traffic provider and shall specify the rights and obligations to be met by the air traffic service providers , designated individually or jointly. The obligations shall include conditions for making available relevant data enabling all aircraft movements to be identified in the airspace under their responsibility.
Amendment 348 #
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 shallmay allow airport operators tothe procurement of terminal air traffic services for aerodrome control and approach control under market conditions.
Amendment 353 #
Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 2
Article 8 – paragraph 1 – subparagraph 2
Amendment 372 #
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
3. Member States shall take all necessary measures to ensure that the provision of en route air traffic services is separated in terms of organisationfunctionally separated from the provision of CNS, AIS, ADS, MET and terminal air traffic services and that the requirement concerning the separation of accounts referred to in Article 25(3) is respected.
Amendment 376 #
Proposal for a regulation
Article 8 – paragraph 4 – point b
Article 8 – paragraph 4 – point b
Amendment 378 #
Proposal for a regulation
Article 8 – paragraph 4 – point c
Article 8 – paragraph 4 – point c
Amendment 417 #
Proposal for a regulation
Article 10 – paragraph 2 – subparagraph 1
Article 10 – paragraph 2 – subparagraph 1
The Commission may add additional key performance areas for performance target setting or monitoring purposes, where necessary to improve performance, in accordance with the examination procedure referred to in Article 37(3) and on the basis of an impact assessment.
Amendment 433 #
Proposal for a regulation
Article 10 – paragraph 3 – point h
Article 10 – paragraph 3 – point h
(h) balanced and symmetrical incentive schemes including for financial bonus and disincentives applicable whethere an air traffic service provider achieves a performance exceeding binding targets or whether it does not comply with the relevant binding performance targets during the reference period or where it has not implemented the relevant common projects referred to in Article 35. SuchThe financial disincentives shall in particular take account of the deterioration in the level of service quality provided by that provider, as a result of not complying with the performance targets or not implementing the common projects, and the impact thereof on the network;
Amendment 442 #
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. The Commission shall adopt the Union-wide performance targets for en route air navigation services and for terminal air navigation services in the key performance areas of environment, capacity and cost-efficiency for each reference period, in accordance with the advisoryexamination procedure referred to in Article 37(23) and with paragraphs 2 to 3 of this Article. In conjunction with the Union- wide performance targets, the Commission may define complementary baseline values, breakdown values or benchmark groups, for the purpose of enabling the assessment and approval of draft performance plans in accordance with the criteria referred to in Article 13(3). .
Amendment 446 #
Proposal for a regulation
Article 11 – paragraph 2 – point a
Article 11 – paragraph 2 – point a
(a) they shall drive gradual, continuous improvementsevolution in respect of the operational and economic performance of air navigation services;
Amendment 450 #
Proposal for a regulation
Article 11 – paragraph 3
Article 11 – paragraph 3
3. For the purposes of preparing its decisions on Union-wide performance targets, the Commission shall collect any necessary input from stakeholders and from the relevant national regulators (national supervisory authorities and national competent authorities). 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 453 #
Proposal for a regulation
Article 12 – paragraph 1 a (new)
Article 12 – paragraph 1 a (new)
1a. In case of justified circumstances occurred during the reference period, Member States may modify the notification referred to in paragraph 1.
Amendment 455 #
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
Amendment 458 #
Proposal for a regulation
Article 12 – paragraph 3
Article 12 – paragraph 3
Amendment 460 #
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 founreferred to be in compliance with the criteria set out in points (28) and (55) of Article 2paragraph 1. 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(3).
Amendment 464 #
Proposal for a regulation
Article 13 – title
Article 13 – title
Performance plans and performance targets for en route air navigation services of designated air traffic service providers
Amendment 466 #
Proposal for a regulation
Article 13 – paragraph 1 – introductory part
Article 13 – paragraph 1 – introductory part
1. The designated air traffic service providers for en route air traffic servicesnational supervisory authority shall, for each reference period, adopt draftthe performance plans drafted by air traffic service providers in respect of all the en route air navigation services which they provide and, where applicable, procure from other providers.
Amendment 472 #
Proposal for a regulation
Article 13 – paragraph 1 – subparagraph 1
Article 13 – paragraph 1 – subparagraph 1
The draft performance plans shall be adopted after the setting of Union-wide performance targets and before the start of the reference period concerned. They shall contain performance targets for en route air navigation services in the key performance areas of the environment, capacity and cost-efficiency, consistent with the Union- wide performance targets. Those draft performance plans shall take account of the European ATM Master Plan. The draft performance plans shall be made publicly available.
Amendment 474 #
Proposal for a regulation
Article 13 – paragraph 2
Article 13 – paragraph 2
2. The draft performance plans for en route air navigation services referred to in paragraph 1 shall include relevant information provided by the Network Manager. Before adopting those draft plans, designated air traffic service providernational supervisory authorities shall consult airspace users’ representatives and, where relevant, military authorities, airport operators and airport coordinators. The designated air traffic service providers shall also submit those plans to the national competent authority responsible for their certification, which shall verify the compliance with Regulation (EU) 2018/1139 and the delegated and implementing acts adopted on the basis thereof.
Amendment 486 #
Proposal for a regulation
Article 13 – paragraph 3 – subparagraph 1 – introductory part
Article 13 – paragraph 3 – subparagraph 1 – introductory part
Consistency of performance targets for en route air navigation service with Union- wide performance targets shall be established according to at least one of the following criteria:
Amendment 490 #
Proposal for a regulation
Article 13 – paragraph 3 – subparagraph 1 – point b
Article 13 – paragraph 3 – subparagraph 1 – point b
(b) evaluation of performance improvements over time, for the reference period covered by the performance plan, and additionallyor for the overall period comprising both the preceding reference period and the reference period covered by the performance plan;
Amendment 500 #
Proposal for a regulation
Article 13 – paragraph 4
Article 13 – paragraph 4
4. The allocation of costs between en route and terminal air navigation services shall be assessed by the Agency acting as PRB on the basis of the methodology referred to in Article 10(3)(k) and the classification of the different services as assessed by the Commission pursuant to Article 12.
Amendment 501 #
Proposal for a regulation
Article 13 – paragraph 5
Article 13 – paragraph 5
5. The draft performance plans for en route air navigation services referred to in paragraph 1, including where relevant the allocation of costs between en route and terminal air navigation services, shall be submitted to the Agency acting as PRB to assess the compliance with the Performance and Charging Schemes and the consistency with EU targets and to the national supervisory authority for assessment and approval.
Amendment 511 #
Proposal for a regulation
Article 13 – paragraph 6 – subparagraph 2
Article 13 – paragraph 6 – subparagraph 2
Where the Agency acting as PRB finds that the allocation of costs complies with that methodology and with that classification, it shall take a decision to that effect, notifying the designated air traffic service provider and national supervisory authority concerned. The national supervisory authority shall be bound by the conclusions of that decision in respect of the allocation of costs for the purposes of the assessment of the draft performance plan for terminal air navigation services referred to in Article 14ensure the compliance to the conclusions of that decision.
Amendment 518 #
Proposal for a regulation
Article 13 – paragraph 7 – introductory part
Article 13 – paragraph 7 – introductory part
7. The Agency acting as PRB shall assess the performance targets for en route air navigation services and the performance plans according to the criteria and conditions set out in paragraph 3. Where paragraph 6 applies, this assessment shall take place after a decision on the allocation of costs has been taken in accordance with the fourth subparagraph of paragraph 6the Agency acting as PRB finds that the draft performance plan meets those criteria and conditions, it shall notify it to the national supervisory authority.
Amendment 525 #
Proposal for a regulation
Article 13 – paragraph 7 – subparagraph 2
Article 13 – paragraph 7 – subparagraph 2
Where the Agency acting as PRB finds that one or several performance targets for en route air navigation services are not consistent with the Union-wide performance targets or the performance plan does not meet the additional conditions set out in paragraph 3, it shall dennotify the approvalnational supervisory authority.
Amendment 528 #
Proposal for a regulation
Article 13 – paragraph 8
Article 13 – paragraph 8
8. Where the Agency acting as PRB has denied approvalissued a negative assessment of a draft performance plan in accordance with paragraph 7, a revised draft performance plan shall be presented by the designated air traffic service provider concerned, including where necessary revised targets.
Amendment 534 #
Proposal for a regulation
Article 13 – paragraph 9 – introductory part
Article 13 – paragraph 9 – introductory part
9. The Agency acting as PRB shall assess the revised draft performance plan referred to in paragraph 8 in accordance with the criteria and conditions set out in paragraph 3. Where a revised draft performance plan meets those criteria and conditions, the Agency acting as PRB shall approve notify the national supervisory authority.
Amendment 537 #
Proposal for a regulation
Article 13 – paragraph 9 – subparagraph 1
Article 13 – paragraph 9 – subparagraph 1
Where a revised draft performance plan does not meet those criteria and conditions, the Agency acting as PRB shall deny its approval and shall require the designated air traffic service provider to present a final draft performance plan.
Amendment 542 #
Proposal for a regulation
Article 13 – paragraph 9 – subparagraph 2
Article 13 – paragraph 9 – subparagraph 2
Where the revised draft performance plan submitted in accordance with paragraph 8 is denied because it contains performance targets for en route air navigation services that are not consistent with the Union-wide performance targets, the Agency acting as PRB shall establish performance targets in consistency with the Union-wide performance targets for the designated air traffic service provider concerned, taking into account the findings made in the decision referred to in paragraph 7. The final draft performance plan to be presented by the designated air traffic service provider concerned shall include the performance targets thus established by the Agency acting as PRBnational supervisory authority, as well as the measures to achieve those targets.
Amendment 546 #
Proposal for a regulation
Article 13 – paragraph 9 – subparagraph 3
Article 13 – paragraph 9 – subparagraph 3
Where approvalthe assessment of the revised draft performance plan submitted in accordance with paragraph 8 is deniednegative only because it does not comply with the conditions set out in the third subparagraph of paragraph 3, the final draft performance plan to be presented by the designated air traffic service provider concerned shall include the performance targets contained in the draft performance plan and found to be consistent with the Union-wide performance targets by the Agency acting as PRB, and shall contain the amendments necessary in view of the conditions the Agency acting as PRB has found not being met.
Amendment 550 #
Proposal for a regulation
Article 13 – paragraph 9 – subparagraph 4
Article 13 – paragraph 9 – subparagraph 4
Where approvalthe assessment of the revised draft performance plan submitted in accordance with paragraph 8 is deniednegative because it contains performance targets for en route air navigation services that are not consistent with the Union-wide performance targets and because, in addition, it does not comply with the conditions set out in the third subparagraph of paragraph 3, the final draft performance plan to be presented by the designated air traffic service provider concerned shall include the performance targets established by the Agency acting as PRBnational supervisory authority in accordance with the third subparagraph and the measures to achieve those targets and shall contain the amendments necessary in view of the conditions the Agency acting as PRB has found not being met.
Amendment 552 #
Proposal for a regulation
Article 13 – paragraph 10
Article 13 – paragraph 10
10. Draft performance plans approved by the national supervisory authority and assessed by the Agency acting as PRB shall be adopted by the designated air traffic service providers concerned as definitive plans, and shall be made publicly available.
Amendment 569 #
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 to be implemented by the air traffic service providers. These corrective measures may include, where objectively necessary, a requirement for an air traffic service provi, after consultation with the Network Manager, the Member States and the operational stakeholders to delegate the provision of the relevant services to another air traffic service providerhrough the Cooperative Decision Making (CDM) process. 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 574 #
Proposal for a regulation
Article 14 – title
Article 14 – title
Performance plans and performance targets for terminal air navigation services of designated air traffic service providers
Amendment 577 #
Proposal for a regulation
Article 14 – paragraph 1 – subparagraph 1
Article 14 – paragraph 1 – subparagraph 1
The draft performance plans shall be adopted after the setting of Union-wide performance targets and before the start of the reference period concerned. They shall contain performance targets for terminal air navigation services in the key performance areas of environment, capacity and cost- efficiency, consistent with the Union-wide performance targets. Those draft performance plans shall take account of the European ATM Master Plan. The draft performance plans shall be made publicly available.
Amendment 581 #
Proposal for a regulation
Article 14 – paragraph 2
Article 14 – paragraph 2
2. The draft performance plans for terminal air navigation services referred to in paragraph 1 shall include relevant information provided by the Network Manager. Before adopting those draft plans, designated air traffic service providers shall consult airspace users’ representatives and, where relevant, military authorities, airport operators and airport coordinators. The designated air traffic service providers shall also submit those plans to the national competent authority responsible for their certification, which shall verify the compliance with Regulation (EU) 2018/1139 and the delegated and implementing acts adopted on the basis thereofsupervisory authority.
Amendment 586 #
Proposal for a regulation
Article 14 – paragraph 3 – introductory part
Article 14 – paragraph 3 – introductory part
3. Draft performance plans for terminal air navigation services shall contain performance targets for terminal air navigation services that are consistent with the respective Union-wide performance targets in all key performance areas and fulfil the additional conditions laid down in the third subparagraph.
Amendment 592 #
Proposal for a regulation
Article 14 – paragraph 3 – subparagraph 1 – introductory part
Article 14 – paragraph 3 – subparagraph 1 – introductory part
Consistency of performance targets for terminal air navigation service with Union- wide performance targets shall be established according to at least one of the following criteria:
Amendment 612 #
Proposal for a regulation
Article 14 – paragraph 6 – subparagraph 2
Article 14 – paragraph 6 – subparagraph 2
Where the national supervisory authority finds that one or several performance targets for terminal air navigation services are not consistent with the Union-wide performance targets or the performance plan does not meet the additional conditions set out in paragraph 3, it shall deny the approval.
Amendment 617 #
Proposal for a regulation
Article 14 – paragraph 8 – subparagraph 2
Article 14 – paragraph 8 – subparagraph 2
Where the revised draft performance plan submitted in accordance with paragraph 7 is denied because it contains performance targets for terminal air navigation services that are not consistent with the Union-wide performance targetsconditions set out in paragraph 3, the national supervisory authority shall establish performance targets in consistency with the Union-wide performance targets for the designated air traffic service provider concerned, taking into account the findings made in the decision referred to in paragraph 6. The final draft performance plan to be presented by the designated air traffic service provider concerned shall include the performance targets thus established by the national supervisory authority as well as the measures to achieve those targets.
Amendment 622 #
Proposal for a regulation
Article 14 – paragraph 8 – subparagraph 3
Article 14 – paragraph 8 – subparagraph 3
Amendment 627 #
Proposal for a regulation
Article 14 – paragraph 8 – subparagraph 4
Article 14 – paragraph 8 – subparagraph 4
Where approval of the revised draft performance plan submitted in accordance with paragraph 7 is denied because it contains performance targets for terminal air navigation services that are not consistent with the Union-wide performance targets and because, in addition, it does not comply with the conditions set out in the third subparagraph of paragraph 3, the final draft performance plan to be presented by the designated air traffic service provider concerned shall include the performance targets established by the national supervisory authority in accordance with the third subparagraph and the measures to achieve those targets and shall contain the amendments necessary in view of the conditions the national supervisory authority has found not being met.
Amendment 637 #
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 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 shallmay 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 645 #
Proposal for a regulation
Article 15
Article 15
Amendment 655 #
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 deliversupports.
Amendment 666 #
Proposal for a regulation
Article 17 – paragraph 4
Article 17 – paragraph 4
4. The Agency acting as PRB as regards en route air navigation services, or the national supervisory authority concerned as regards terminal air navigation services, shall authorise the designated air traffic service provider concerned to proceed with the intended revision only if it is necessary and proportionate, and where the revised performance targets ensure that consistency with the Union-wide performance targets is maintained. Where the revision has been authorised, designated air traffic service providers shall adopt new draft performance plans, in accordance with the procedures set out in Articles 13 and 14.
Amendment 673 #
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
For the implementation of the performance scheme, the Commission shall adopt detailed requirements and procedures in respect of Articles 10(3), 11, 12, 13, 14, 15, 16 as well as 17, in particular as regards the development of draft performance plans, the setting of performance targets, the criteria and conditions for their assessment, the methodology for allocation of costs between en route and terminal air navigation services, the monitoring of performance and issuance of corrective measures, and the timetables for all procedures. Those requirements and procedures shall be set out in an implementing act adopted in accordance with the advisoryexamination procedure referred to in Article 37(23).
Amendment 674 #
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 funds, charges for air navigation services shall be determined, imposed and enforced on airspace users. With respect to route charges, the charging scheme shall be consistent with the Eurocontrol Route Charges System.
Amendment 689 #
Proposal for a regulation
Article 19 – paragraph 6
Article 19 – paragraph 6
6. Financial data on determined costs, actual costs and revenues of designated air traffic service providers shall be reported to national supervisory authorities, Eurocontrol and the Agency acting as PRB and shall be made publicly available.
Amendment 691 #
Proposal for a regulation
Article 20 – paragraph 3 – point a
Article 20 – paragraph 3 – point a
Amendment 699 #
Proposal for a regulation
Article 20 – paragraph 3 a (new)
Article 20 – paragraph 3 a (new)
3a. other costs incurred by the Member States in relation to the provision of air navigation services such as the costs stemming from international agreements, if such costs are not covered by other financial resources.
Amendment 704 #
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, Eurocontrol 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, and exceptional costs.
Amendment 709 #
Proposal for a regulation
Article 21 – paragraph 2 – introductory part
Article 21 – paragraph 2 – introductory part
2. Unit rates shall be set by the national supervisory authorities, after verification by the Agency acting as PRB that they comply with Article 19, Article 20 and with this Article. Where the Agency acting as PRB finds that a unit rate does not fulfill those requirements, the unit rate shall be reviewed accordingly by the national supervisory authority concerned. Where a unit rate continues to not fulfill those requirements, the Agency acting as PRB shall conduct an investigation and provide an opinion to the Commission in accordance with Article 24(2), and the Commission may take action in accordance with Article 24(3).
Amendment 717 #
Proposal for a regulation
Article 21 – paragraph 2 – subparagraph 1
Article 21 – paragraph 2 – subparagraph 1
For charging purposes, and when congestion causes significant network problems including deterioration of environmental performance, the Commission may define, by way of an Implementing Regulation adopted in accordance with the examination procedure referred to in Article 37(3), a common unit rate for en route air navigation services across the Single European Sky airspace, and detailed rules and procedures for its application. The common unit rate referred to in the first subparagraph shall be calculated on the basis of a weighted average of the different unit rates of the air navigation service providers concerned. The proceeds of the common unit rate shall be reallocated so as to achieve revenue neutrality for those air traffic service providers concerned.
Amendment 719 #
Proposal for a regulation
Article 22 – paragraph 1
Article 22 – paragraph 1
1. Charges shallmay be levied on airspace users for the provision of air navigation services,; if levied, this shall be under non- discriminatory conditions, taking into account the relative productive capacities of the different aircraft types concerned. When imposing charges on different airspace users for the use of the same service, no distinction shall be made in relation to the nationality or category of the user.
Amendment 723 #
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 728 #
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 739 #
Proposal for a regulation
Article 22 – paragraph 5
Article 22 – paragraph 5
5. Charges shallmay 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. The modulation shall consist of financial advantages or disadvantages and shall be revenue neutral for air traffic service providers.
Amendment 745 #
Proposal for a regulation
Article 23 – paragraph 1
Article 23 – paragraph 1
For the implementation of the charging scheme, the Commission shallmay adopt detailed requirements and procedures in respect of Articles 19, 20, 21 and 22 in particular regarding the cost bases and determined costs, the setting of unit rates, the incentives schemes and risk sharing mechanisms and the modulation of charges. Those requirements and procedures shall be set out in an implementing act adopted in accordance with the advisory procedure referred to in Article 37(2).
Amendment 756 #
Proposal for a regulation
Article 24 – paragraph 2
Article 24 – paragraph 2
2. At the request of one or more Member States, of a national supervisory authority or of the Commission, the Agency acting as PRB shall carry out an investigation into any allegation of non- compliance as referred to in paragraph 1. Where it has indications of such non- compliance, the Agency acting as PRB may initiate an investigation on its own initiative. It shall conclude the investigation within four months of receipt of a request, after having heard the Member State, the national supervisory authority concerned and the designated air traffic service provider concerned. Without prejudice to Article 41(1), the Agency acting as PRB shall share the results of the investigation with the Member States concerned, the air traffic service providers concerned and the Commission. Results of the investigation may be subject to appeal.
Amendment 768 #
Proposal for a regulation
Article 25 – paragraph 3 – subparagraph 1
Article 25 – paragraph 3 – subparagraph 1
Amendment 779 #
Proposal for a regulation
Article 26 – paragraph 1
Article 26 – paragraph 1
1. The air traffic management network functions shall aim at ensureing the sustainable and efficient use of the airspace and of scarce resources. They shall also ensure that airspace users can operate environmentally optimalised trajectories, while allowing maximum access to airspace and air navigation services and avoiding congestion. Those network functions , enumerated in paragraphs 2 and 3, shall support the achievement of the Union-wide performance targets and shall be based on operational requirements , respecting the separation of regulatory and operational tasks, without prejudice to Member States’ sovereignty over their airspace and to their responsibilities relating to public order, security and defence.
Amendment 788 #
Proposal for a regulation
Article 26 – paragraph 2 – point a
Article 26 – paragraph 2 – point a
(a) the facilitation of the development of the design and management of the European airspace structures ;
Amendment 792 #
Proposal for a regulation
Article 26 – paragraph 2 – point b
Article 26 – paragraph 2 – point b
(b) the coordination of air traffic flow management;
Amendment 795 #
Proposal for a regulation
Article 26 – paragraph 3 – point a
Article 26 – paragraph 3 – point a
(a) optimisation of airspace design for the network and facilitation of delegation of air traffic services provision, where decided by the Member States concerned, and support to the optimisation of airspace design for the network through co- operation with the air traffic service providers and Member State authorities;
Amendment 799 #
Proposal for a regulation
Article 26 – paragraph 3 – point b
Article 26 – paragraph 3 – point b
(b) managementfacilitation of the delivery of air traffic control capacity in the network as set out in the binding Network Operations Plan (NOP) adopted in accordance with the Article 27(7);
Amendment 809 #
Proposal for a regulation
Article 26 – paragraph 3 – point e
Article 26 – paragraph 3 – point e
(e) the management ofsupport to the planning, monitoring and coordination of implementation activities of the deployment of infrastructure in the European ATM network, in accordance with the European ATM Master Plan, through a partnership with the operational stakeholders and taking into account military and operational needs and associated operational procedures;
Amendment 816 #
Proposal for a regulation
Article 26 – paragraph 4
Article 26 – paragraph 4
4. The functions listed in paragraphs 2 and 3 shall not involve the adoption of binding measures of a general scope or the exercise of political discretion. They shall be performed in coordination with civil and military authorities in accordance with agreed procedures concerning the flexible use of airspace.
Amendment 824 #
Proposal for a regulation
Article 27 – paragraph 1
Article 27 – paragraph 1
1. In order to achieve the objectives referred to in Article 26, the Commission, supported by the Agency where relevantin accordance with Regulation (EU) 2018/1139, shall ensure that the Network Manager contributes to the execution of the network functions set out in Article 26, by carrying out the tasks referred to in paragraph 4 .
Amendment 828 #
Proposal for a regulation
Article 27 – paragraph 2
Article 27 – paragraph 2
2. The Commission mayshall appoint an impartial and competent body to carry out the tasks 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.
Amendment 831 #
Proposal for a regulation
Article 27 – paragraph 3
Article 27 – paragraph 3
3. The tasks of the Network Manager shall be executed in an independent, impartial and cost efficient manner . They shall be subject to appropriate governance, which shall recognise separate accountabilities for service provision and regulation where the competent body designatany other activity performed asby the Network Manager also has regulatory functions. In the execution of its tasks, the Network Manager shall take into consideration the needs of the whole ATM network and shall fully involve the airspace users, air navigation service providers , aerodrome operators and the military.
Amendment 837 #
Proposal for a regulation
Article 27 – paragraph 4
Article 27 – paragraph 4
4. The Network Manager shall contribute to the execution of the network functions through support measures aimed at safe and efficient planning and operations of the network under normal and network crisis conditions and through measures aimed at the continuous improvement of network operations in the Single European Sky and the overall performance of the network, especially regarding the implementation of the performance scheme. The action taken by the Network Manager shall take account of the need to fully integrate the airports in the network.
Amendment 842 #
Proposal for a regulation
Article 27 – paragraph 6 – introductory part
Article 27 – paragraph 6 – introductory part
6. The Network Manager, in coordination with the operational stakeholders that contribute to the Network Operations Plan through the appropriate CDM, shall:
Amendment 848 #
Proposal for a regulation
Article 27 – paragraph 6 – point a
Article 27 – paragraph 6 – point a
(a) decide on individuremedial measures to support the implementation of the network functions and to support the effective implementation of the binding Network Operations Plan and the achievement of the binding performance targetreakdown values;
Amendment 858 #
Proposal for a regulation
Article 27 – paragraph 7
Article 27 – paragraph 7
7. The Network Manager shall take decisions through a cooperative decision- making process. Parties to the cooperative decision-making process shall act to the maximum extent possible with a view to improving the functioning and performance of the network. The cooperative decision-making process shall promote the interest of the network, while seeking consensus of Member States.
Amendment 862 #
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. 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 37 (3).
Amendment 873 #
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 navigation service providers, military air traffic service providers, entities having a proven interest in considering the provision of air navigation services, airspace users and airports as well as the Network Manager. The data shall be used only for operational purposes.
Amendment 908 #
Proposal for a regulation
Article 38 – paragraph 1
Article 38 – paragraph 1
1. Without prejudice to the obligation of Member States under International Agreements, Member States, national supervisory authorities, the Agency whether or not it is acting as PRB and the Network Manager shall establish consultation mechanisms for appropriate consultation of stakeholders for the exercise of their tasks in the implementation of this Regulation.