27 Amendments of Christine DE VEYRAC related to 2011/0391(COD)
Amendment 47 #
Proposal for a regulation
Recital 4
Recital 4
(4) The slot-allocation system established in 1993 does not ensure the optimum allocation and use of slots and thus of airport capacity. In the context of growing airport congestion and the limited development of major new airport infrastructure, the slots are a rare resource. Access to such resources is of crucial importance for the provision of air transport services and for the maintenance of effective competition. To this end, the allocation and use of slots could be made more effective by introducing market mechanisms, by ensuring that the unused slots are made available to interested operators as soon as possible and in a transparent manner, and by reinforcing the underlying principles of the system with regard to the allocation, management and use of the slots. At the same time, although the historical slots meet the need for stability in schedules for the airlines, during the future assessment of the application of this Regulation, a gradual introduction of other market mechanisms could be envisaged, such as withdrawing and auctioning historical slots.
Amendment 49 #
Proposal for a regulation
Recital 7
Recital 7
Amendment 51 #
Proposal for a regulation
Recital 8
Recital 8
Amendment 60 #
Proposal for a regulation
Recital 15
Recital 15
(15) The Member State responsible for the schedules facilitated or coordinated airport should ensure the appointment of a schedules facilitator or a coordinator whose neutrality should be unquestioned. To this end, the coordinators' role and that of the schedules facilitators should be enhanced. Provision should be made for the legal, organisational, decision-making and financial independence of the coordinators with regard to stakeholders, the Member State and bodies subordinate to that State. To prevent the coordinator's activity and that of the schedules facilitator suffering from a lack of financial, technical or human resources or expertise, Member States should ensure that the coordinators have all the resources needed for their work.
Amendment 62 #
Proposal for a regulation
Recital 16
Recital 16
(16) Additional obligations should be introduced for air carriers with regard to sending information to the coordinators and schedules facilitators. Provision should be made for additional penalties for omitting information or sending false or misleading information. For network airports, the air carriers should have the obligation to communicate their flight intentions or other relevant information requested by the coordinator or schedules facilitator.
Amendment 71 #
Proposal for a regulation
Recital 23
Recital 23
(23) Since the environmental aspects may be taken into account in the coordination parameters and regional connectivity can also be fully ensured in the context of the public service obligations, experience has not shown that local rules are useful. Furthermore, it cannot be excluded that such rules do not lead to discrimination in allocating slots. Consequently, the option of resorting to local rules should be restricted. All the technical, operational, performance and environmental constraints that should be applied by the coordinators or the facilitators should be defined in the coordination parameters. The resort to local rules would also be reduced to supervising the use of slots and the possibility of reducing the length of the series of slots in the cases provided for by this Regulation. With a view to promoting better use of airport capacity, two basic principles in slot allocation should be reinforced, namely the definition of the series of slots and the calculation of historical slots. At the same time, the flexibility given to air carriers should be better regulated with a view to preventing distortions during the application of this Regulation in the Member States. Therefore, better use of airport capacity should be encouraged.
Amendment 78 #
Proposal for a regulation
Recital 24
Recital 24
(24) To allow air carriers to adapt to imperative situations of urgency, such as a marked decline in traffic or an economic crisis that severely affects the activity of air carriers, affecting a lager part of the scheduling period, the Commission should be allowed to adopt urgent measures to ensure the consistency of measures to be taken at coordinated airports. These measures will allow air carriers to retain priority in allocating the same series for the following scheduling period even if the 850% rate has not been met.
Amendment 85 #
Proposal for a regulation
Recital 26
Recital 26
(26) Experience shows that a significant number of slots are returned to the pool too late to be reallocated effectively. The airport managing body should be encouraged to use the airBetter application of the current ex-porst charge system to discourage this type of behaviour. Despite having recourse to this mechanism, the airport managing body should not, however, discourage air carrpenalties should be encouraged in order to stop airline companiers from entering the market or developing servicesadopting this type of behaviour.
Amendment 103 #
Proposal for a regulation
Article 2 – paragraph 1 – point 13
Article 2 – paragraph 1 – point 13
13) 'series of slots' shall mean at least 15 slots for a summer scheduling period and 10 slots for a winterrequested for the same scheduling period requestedgularly for the same time on the same day of the week for consecutive weeks and regularly allocated by the coordinator on that basis or, if that is not possible, allocated at approximately the same time;
Amendment 107 #
Proposal for a regulation
Article 2 – paragraph 1 – point 18
Article 2 – paragraph 1 – point 18
18) ‘programmed non-scheduled air service’ shall mean a series of flights which does not meet all the conditions of Article 2(16) of Regulation (EC) No 1008/2008, but which operate so regularly or frequently that they constitute a recognisably systematic series;
Amendment 138 #
Proposal for a regulation
Article 5 – paragraph 3 – subparagraph 2
Article 5 – paragraph 3 – subparagraph 2
The financing referred to under point (c) shall be provided by all the air carriers who operate in the coordinated and schedules facilitated airports, and by those airports in such a way as to ensure that the financial burden is distributed equitably among all interested parties and that the financing does not largely depend on a sole interested party. A stakeholder consultation procedure, with the possibility of appeal, shall be launched by Member States in order to ensure transparent, non-discriminatory charging correlating to the service provided by the coordinator or schedules facilitator. Collection of the air carriers’ payments shall be the responsibility of the airports concerned, which shall pay those amounts to the coordinator or schedules facilitator. The Member States shall ensure that the financial, human, technical and material resources and expertise required by the coordinator for carrying out his duties are at his disposal at all times.
Amendment 190 #
Proposal for a regulation
Article 9 – paragraph 8
Article 9 – paragraph 8
8. The coordinator shall also take into account additional guidelines established by the air transport industry worldUnion-wide or Union world-wide as well as local guidelines proposed by the coordination committee and approved by the Member State or any other competent body responsible for the airport in question, provided that such guidelines do not affect the independent status of the coordinator, comply with Union law, aim at improving the efficient use of airport capacity and have been notified in advance to and pre-approved by the Commission . The local guidelines may only concern the supervision of the use of slots allocated orwithin two months. In urgent cases, the Member State concerned may call on the Commission to approve a local guideline within a shorter time-scale of just two weeks. Local guidelines may relate to the amendment of the definition of the series of slots, for reducextending its length belowto over 10 slots for the winter scheduling period or below 15 slots for the summer scheduling period, but under no circumstances below 5 slots. The reduction of the length of the series of slots applies only in airports where demand for air services is highly seasonable. The Commission may adopt implementing measures aimed at broadening the scope of a local guideline to apply to all EU airports. Those implementing measures shall be adopted in accordance with the examination procedure referred to in Article 16(2).
Amendment 202 #
Proposal for a regulation
Article 10 – paragraph 2 – introductory part
Article 10 – paragraph 2 – introductory part
2. Without prejudice to Articles 7, 12, 13 and 17, priorityentitlement is to be givenranted to the air carrier concerned for the allocation of the same series during the following equivalent scheduling period, if that air carrier so requests within the time-limit mentioned in Article 7(1), if the following conditions are satisfied:
Amendment 206 #
Proposal for a regulation
Article 10 – paragraph 2 – point b
Article 10 – paragraph 2 – point b
b) that air carrier can demonstrate to the satisfaction of the coordinator that the series of slots in question has been operated, as cleared by the coordinator, by that air carrier for at least 850 % of the time during the scheduling period for which it has been allocated.
Amendment 221 #
Proposal for a regulation
Article 10 – paragraph 5 – subparagraph 1 – introductory part
Article 10 – paragraph 5 – subparagraph 1 – introductory part
If the 850 % usage of the series of slots cannot be demonstrated, the priority provided under paragraph (2) shall not be given , unless the non-utilisation can be justified on the basis of any of the following reasons:
Amendment 234 #
Proposal for a regulation
Article 10 – paragraph 7
Article 10 – paragraph 7
7. If the conditions set out in paragraph (2)(a) and (b) are not met, the Commission , in consultation with the various partners, may however decide that priorityentitlements for the allocation of the same series should be awarded tomaintained for the air carriers for the following scheduling period, if this is justified on imperative grounds of urgency linked to exceptional events requiring coherence in the application of measures to be taken in these airports. The Commission, within one month of the Member State or airport concerned having so requested, shall adopt the necessary measures, the application of which shall not exceed the length of one scheduling period. It shall adopt these immediately applicable implementing acts in accordance with the procedure referred to in Article 16(3). The measures adopted by the European Commission may differ according to the Member State, airport or type of airline services concerned by the exceptional event in question.
Amendment 238 #
Proposal for a regulation
Article 11
Article 11
Amendment 250 #
Proposal for a regulation
Article 13
Article 13
Amendment 252 #
Proposal for a regulation
Article 13 – paragraph 1 – point b
Article 13 – paragraph 1 – point b
b) transferred between two air carriers, with or without monetary or any other kind of compensation;
Amendment 254 #
Proposal for a regulation
Article 13 – paragraph 1 – point c
Article 13 – paragraph 1 – point c
c) exchanged, one for one, between air carriers, with or without monetary or any other kind of compensation .
Amendment 263 #
Proposal for a regulation
Article 13 – paragraph 2 – subparagraph 3
Article 13 – paragraph 2 – subparagraph 3
Amendment 272 #
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
This Regulation shall not affect the powers of public authorities to approve the transfer of slots between air carriers and to direct how these are allocated pursuant to national competition law or to Articles 101, 102 or 106 of the Treaty or Council Regulation (EC) No 139/2004. These transfers can only take place without monetary compensation.
Amendment 275 #
Proposal for a regulation
Article 17 – paragraph 1
Article 17 – paragraph 1
1. When an air carrier submits a flight plan, it shall include a reference to the slot allocated. TAt the request of the Member State, which may delegate this duty to a coordinator, the network manager shall reject an air carrier's flight plan if the air carrier intends to land or take off at a coordinated airport, during the periods for which it is coordinated, without having a slot allocated by the coordinator. Business aviation operators shall not be deemed to have been allocated a slot if they would have to operate outside the time-band offered by the slot and if the delay is not attributable to air navigation services.
Amendment 278 #
Proposal for a regulation
Article 17 – paragraph 2 a (new)
Article 17 – paragraph 2 a (new)
2a. Fur the purposes of implementation of paragraph 1 of this article, any aircraft operator planning to operate an exempted flight as defined in Article 2(11) shall communicate to the coordinator their flight plan identification details.
Amendment 280 #
Proposal for a regulation
Article 18 – paragraph 2 – subparagraph 1
Article 18 – paragraph 2 – subparagraph 1
Air carriers that repeatedly or intentionally operate air services at a time significantly different from the slot allocated as part of a series of slots or use slots in a significantly different way from that indicated at the time of allocation shall lose their priorityentitlement as referred to in Article 10(2). The coordinator may decide to withdraw from that air carrier the series of slots in question for the remainder of the scheduling period and place them in the pool after having consulted the air carrier concerned and after issuing a single warning. If the air carrier requests equivalent slots, the coordinator is not obliged to allocate them.
Amendment 284 #
Proposal for a regulation
Article 18 – paragraph 3 – subparagraph 1 – introductory part
Article 18 – paragraph 3 – subparagraph 1 – introductory part
Member States shall ensure thaimplement effective, proportionate and dissuasive sanctions are availablfinancial penalties and/ or appropriate sand arections that are effectively applied to deal with
Amendment 288 #
Proposal for a regulation
Article 18 – paragraph 3 – subparagraph 1 – indent 2
Article 18 – paragraph 3 – subparagraph 1 – indent 2