Activities of Jacqueline FOSTER related to 2011/0391(COD)
Shadow reports (1)
REPORT on the proposal for a regulation of the European Parliament and of the Council on common rules for the allocation of slots at EU airports (recast) PDF (423 KB) DOC (568 KB)
Amendments (29)
Amendment 64 #
Proposal for a regulation
Recital 17
Recital 17
(17) The Union should facilitate cooperation between the coordinators and schedules facilitators to allow them to exchange best practices with a view to the establishment of a European coordinator in due course.
Amendment 89 #
Proposal for a regulation
Recital 33
Recital 33
(33) The examination procedure should be used for the adoption of implementing instruments concerning the creation of a European coordinator, the template for the coordinator and schedules facilitator's annual activity report and the decision that one or more Member States should take measures with a view to remedying a third country's discriminatory behaviour with regard to the Union's air carriers.
Amendment 95 #
Proposal for a regulation
Article 2 – paragraph 1 – point 9
Article 2 – paragraph 1 – point 9
Amendment 102 #
Proposal for a regulation
Article 2 – paragraph 1 – point 13
Article 2 – paragraph 1 – point 13
13) ‘s'Series of slots’' shall mean at least 15 slots for a summer scheduling period and 10 slots for a winter scheduling period requested for the same time on the same day of the week for consecutive weeks and allocated by the coordinator on that basisfor the summer scheduling period at least 15 slots of which at least 5 shall be consecutive unless agreed otherwise through a local rule. For the winter scheduling period a "series of slots" shall mean at least 10 slots of which at least 5 shall be consecutive unless agreed otherwise through a local rule. The slot allocated by the coordinator shall be on the basis that it is on the same time of the day and the same day of the week or, if that is not possible, allocated at approximately the same time;
Amendment 105 #
Proposal for a regulation
Article 2 – paragraph 1 – point 18
Article 2 – paragraph 1 – point 18
Amendment 111 #
Proposal for a regulation
Article 3 – paragraph 3 – subparagraph 1 – point ii
Article 3 – paragraph 3 – subparagraph 1 – point ii
(ii) upon request from the Commission, in particular where new entrants encounter serious problems in securing landing and take off possibilities at the airport in question , or when the network manager considers it necessary to ensure that the airpnetwortk's operational plan is consistent with the netwairporkt's operational plan, in accordance with Article 6(7) of Commission Regulation (EU) No 677/2011.
Amendment 112 #
Proposal for a regulation
Article 3 – paragraph 3 – subparagraph 2
Article 3 – paragraph 3 – subparagraph 2
This analysis, based on commonly recognised methods which take account of the requirements of the network operational plan, as required by Annex V to Regulation (EU) No 677/2011, shall determine any shortfall in capacity, taking into account environmental constraints at the airport in question. The analysis shall consider the possibilities of overcoming such shortfall through new or modified infrastructure, operational changes, or any other change, and the time frame envisaged to resolve the problems. The Commission can, in conjunction with the Network Manager, help to develop best practice and guidance.
Amendment 113 #
Proposal for a regulation
Article 3 – paragraph 3 – subparagraph 3
Article 3 – paragraph 3 – subparagraph 3
Amendment 119 #
Proposal for a regulation
Article 3 – paragraph 5
Article 3 – paragraph 5
5. The Commission can ask the network manager to deliver an opinion on how the capacity is set in relation to the network operating needs. The Commission can make recommendations. The Member State shall give reasons for any decision that does not follow these recommendations. The decision shall be communicated to the Commission.
Amendment 125 #
Proposal for a regulation
Article 3 – paragraph 9
Article 3 – paragraph 9
Amendment 127 #
Proposal for a regulation
Article 3 – paragraph 10
Article 3 – paragraph 10
Amendment 130 #
Proposal for a regulation
Article 4 – paragraph 3
Article 4 – paragraph 3
Amendment 131 #
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
1. The Member State responsible for an airport belonging to the network, a schedules facilitated or coordinated airport shall ensure the appointment of a qualified natural or legal person as schedules facilitator or airport coordinator, after having consulted the air carriers using the airport regularly, their representative organisations and the managing body of the airport and the coordination committee, where such a committee exists. The same schedules facilitator or coordinator may be appointed for more than one airport.
Amendment 132 #
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Member States shall encourage close cooperation between the coordinators and schedules facilitators to develop common projects at a European level. In light of the progress of these projects, the progress made in implementing the Single European Sky and the results of the evaluation report mentioned in Article 21, the Commission shall adopt implementing acts for creating a European coordinator. The implementing acts shall be adopted in accordance with the examination procedure referred to in Article 16(2). The principles governing the coordinator's independence in paragraph 3 of this Article apply mutatis mutandis to the European coordinator.
Amendment 135 #
Proposal for a regulation
Article 5 – paragraph 3 – subparagraph 1 – point b – point ii a (new)
Article 5 – paragraph 3 – subparagraph 1 – point b – point ii a (new)
(iia) The composition of the coordinator's board or supervisory function shall also be independent of the direct interests of the airport managing body, the airline users of that airport and any other entity representing a user or service provider, however this does not preclude representatives from such organisations being members of a board or supervisory function provided that voting rights are balanced.
Amendment 151 #
Proposal for a regulation
Article 6 – paragraph 3 – subparagraph 1 – point d
Article 6 – paragraph 3 – subparagraph 1 – point d
(d) remaining available slots with respect to each type of constraint taken into consideration in the coordination parameters. The database shall allow the air carriers to verify the availability of slots corresponding to their requests;
Amendment 152 #
Proposal for a regulation
Article 6 – paragraph 3 – subparagraph 1 – point e
Article 6 – paragraph 3 – subparagraph 1 – point e
(e) slots transferred or exchanged for a financial or other nature, indicating the identity of the air carriers involved and whether the transfer or exchange was made for compensation of a financial or other nature. AOnly aggregate data (i.e. data on more than one transaction) on financial compensation shall be published each year;
Amendment 155 #
Proposal for a regulation
Article 6 – paragraph 3 – subparagraph 2
Article 6 – paragraph 3 – subparagraph 2
This information shall be updated regularly. At the end of each season, the coordinator shall publish the activity and financial report mentioned in paragraph 1.
Amendment 158 #
Proposal for a regulation
Article 7 – paragraph 1 – subparagraph 1
Article 7 – paragraph 1 – subparagraph 1
Air carriers operating or intending to operate at a schedules facilitated or coordinated airport belonging to the network shall submit to the schedules facilitator or coordinator all relevant information requested by them. If this information changes, the air carriers shall inform the schedules facilitator and the coordinator as soon as possible. All relevant information shall be provided in the format and within the time-limit specified by the schedules facilitator or coordinator. In particular, an air carrier shall inform the coordinator, at the time of the request for allocation, whether it would benefit from the status of new entrant, in accordance with Article 2(2), in respect of requested slots.
Amendment 168 #
Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 1
Article 8 – paragraph 1 – subparagraph 1
At a coordinated airport, the Member State responsible shall ensure that a coordination committee is set up. The same coordination committee may be designated for more than one airport. Membership of this coordination committee shall be open at least to the air carriers using the airport(s) in question regularly and their representative organisatirestricted to air carriers that have used the airport during the current and previous seasons, the managing body of the airport concerned, the relevant air traffic control authorities, the representatives of general aviation using the airport regularly , the network manager, the performance review body and the national supervisory authority of the Member State concerned, the air navigation service provider at that airport, the coordinator and representatives of general aviation. In addition to these members, representatives of the network manager, the performance review body and the national supervisory authority may attend in an observer capacity only and have no voting rights. The chairman of the coordination committee may invite additional observers to act as advisors where such observers' terms of reference are communicated to the coordination committee seven working days in advance of the meeting.
Amendment 184 #
Proposal for a regulation
Article 9 – paragraph 3
Article 9 – paragraph 3
3. Without prejudice to Article 10(2), in a situation where all slot requests cannot be accommodated to the satisfaction of the air carriers concerned, preference shall be given to commercial air services and in particular to scheduled air services and programmed non-scheduled air services. In the case of competing requests within the same category of services, priority shall be given for year round operations.
Amendment 198 #
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 Union -wide or 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 monitoring of the use of slots allocated or the amendment of the definition of a series of slots to reduce its length below 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. Local Rules concern the allocation and monitoring of slots. These can be applied where performance or throughput improvements can be delivered through locally applied rules, the series of slots applies only at airports where demand for air services is highly seasonable must be transparent and non- discriminatory.
Amendment 212 #
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 214 #
Proposal for a regulation
Article 10 – paragraph 2 a (new)
Article 10 – paragraph 2 a (new)
(2a) Non-scheduled air transportation contributes to regional cohesion and competitiveness. Where air carriers have regularly used slots for such transportation at an airport falling within the scope of this regulation, even where these slots do not always involve the same routes, priority shall be given to requests for continued usage of such slots.
Amendment 219 #
Proposal for a regulation
Article 10 – paragraph 4 – subparagraph 2
Article 10 – paragraph 4 – subparagraph 2
Amendment 227 #
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 233 #
Proposal for a regulation
Article 10 – paragraph 7
Article 10 – paragraph 7
Amendment 257 #
Proposal for a regulation
Article 13 – paragraph 2 – subparagraph 1
Article 13 – paragraph 2 – subparagraph 1
The Member Statecoordinator shall establish a transparent framework to allow contact between air carriers interested in transferring or exchanging slots in conformity with Union law.
Amendment 265 #
Proposal for a regulation
Article 13 – paragraph 2 – subparagraph 3
Article 13 – paragraph 2 – subparagraph 3
For the transfers or exchanges referred to in paragraph 1(b) and (c), the air carriers shall give the coordinator the details of any monetary or any other kind of compensation. The details regarding compensation for the transfers or exchanges are confidential and the coordinator shall only divulge such details to the Member State where the airport is situated or the Commission, upon their request. The transfers or exchanges may not be subject to conditions intended to limit the possibility for the air carrier wishing to obtain the slots tofrom entering into competition with the air carrier which transfers or exchanges the slots.;