30 Amendments of João FERREIRA related to 2013/0186(COD)
Amendment 18 #
Proposal for a regulation
Recital 3 a (new)
Recital 3 a (new)
(3a) whereas, in accordance with the 1944 Chicago Convention, States are responsible for managing and providing, whether directly or by delegation, air traffic services; whereas the management of European airspace on the basis of the principles laid down in this Convention has always delivered the required levels of safety and allowed the right measures and policies to be adopted, whether in air traffic management at European level or in adopting measures to significantly reduce congestion and delays, thus cutting operating costs, and has never hampered the safety or fluidity of European air traffic nor impeded its efficiency;
Amendment 19 #
Proposal for a regulation
Recital 3 b (new)
Recital 3 b (new)
(3b) whereas the rules set in the Chicago Convention left scope for air transport to evolve and be organised on the basis of operational needs, which should be consistent with development strategies and State sovereignty, rather than with market interests or the pursuit of profit as a primary goal; whereas, contrary to the rules of this Convention, under the SES 2+ package air traffic services are provided to ANSPs that have not been designated by the States, but which offer a better cost/benefit ratio according to supranational, monetary criteria;
Amendment 52 #
Proposal for a regulation
Recital 19
Recital 19
Amendment 62 #
Proposal for a regulation
Recital 22
Recital 22
(22) The performance and charging schemes are intended to make air navigation services provided under conditions other than market conditions more cost-efficient and to promote better service quality and should, to this end, include relevant and appropriate incentives. In view of this objective, the performance and charging schemes should not cover services supplied under market conditions.
Amendment 65 #
Proposal for a regulation
Recital 25
Recital 25
(25) Given the cross border and network elements inherent in the provision of en route air navigation services and the fact that, as a consequence, performance is notably to be assessed against Union-wide performance targets, a Union body should be in charge of the assessment and approval of the performance plans and performance targets for en route air navigation services, subject to judicial review by an appeal body and eventually by the Court of Justice. In order to ensure that the tasks be carried out with a high level of expertise and necessary independence, that Union body should be the Agency acting as Performance Review Body (PRB), functioning in accordance with the dedicated governance rules set out in Regulation (EU) 2018/1139. Given their knowledge of the local circumstances, necessary to assess terminal air navigation services, national supervisory authorities should be in charge of the assessment and approval of the performance plans and performance targets for terminal air navigation services. The allocation of costs between en route and terminal air navigation services constitutes a single operation, relevant to both types of services, and should therefore be subject to the oversight of the Agency acting as PRBir knowledge of the local circumstances, necessary to assess en- route and terminal air navigation services, national supervisory authorities should be in charge of the assessment and approval of the performance plans and performance targets for both terminal air navigation services and en-route services.
Amendment 100 #
Proposal for a regulation
Recital 34
Recital 34
Amendment 113 #
Proposal for a regulation
Recital 42
Recital 42
Amendment 118 #
Proposal for a regulation
Article 1 – paragraph 1 a (new)
Article 1 – paragraph 1 a (new)
1a. This regulation, in accordance with the principles derived from the Chicago Convention, should help to reverse the processes of deregulating, liberalising and centralising air traffic management services, pursued under the Single European Sky process, launched in 1999, thus empowering Member States to manage their air space and to monitor and organise services according to their needs, as well as promoting closer interstate cooperation;
Amendment 160 #
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
2. The national supervisory authorities shall exercise their powers impartially, independently and transparently and shall be organised, staffed, managed and financed according and independently.
Amendment 161 #
Proposal for a regulation
Article 3 – paragraph 3
Article 3 – paragraph 3
Amendment 186 #
Proposal for a regulation
Article 3 – paragraph 5 – subparagraph 1
Article 3 – paragraph 5 – subparagraph 1
Staff of national supervisory authorities shall act independently, in particular by avoiding conflicts of interest between air navigation service provision and the execution of their tasks. Furthermore, social standards of the jobs within the national supervisory authorities shall be monitored. To this end two indicators should be measured and managed: (a) Job satisfaction index Comparison between average salary of technical staff in operators supervised and average salary of technical staff of the NSA.
Amendment 188 #
Proposal for a regulation
Article 3 – paragraph 5 – subparagraph 1 a (new)
Article 3 – paragraph 5 – subparagraph 1 a (new)
Furthermore, social standards of the jobs within the national supervisory authorities shall be monitored. To this end two indicators should be measured and managed : (a) Job satisfaction index Comparison between average salary of technical staff in operators supervised and average salary of technical staff of the NSA.
Amendment 189 #
Proposal for a regulation
Article 3 – paragraph 6 – introductory part
Article 3 – paragraph 6 – introductory part
Amendment 200 #
Proposal for a regulation
Article 3 – paragraph 6 – subparagraph 2
Article 3 – paragraph 6 – subparagraph 2
Amendment 275 #
Proposal for a regulation
Article 6 – paragraph 1 – introductory part
Article 6 – paragraph 1 – introductory part
1. Air navigation service providers shall, in addition to the certificates they are required to hold pursuant to Article 41 of Regulation (EU) No 2018/1139, hold an economic certificate. This economic certificate shall be issued upon application, when the applicant has demonstrated sufficient financial robustness and has obtained appropriate liability and insurance cover.The provision of all air navigation services within the Community shall be subject to certification by Member States
Amendment 283 #
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
2. An entity that holds an economic certificate referred to in paragraph 1 and a certificate referred to in Article 41 of Regulation (EU) No 2018/1139 shall be entitled to provide within the Union air navigation services for airspace users, under non-discriminatory conditionspplications for certification shall be submitted to the national supervisory authority of the Member State where the applicant has its principal place of operation and, if any, without prejudice to Article 7(2)s registered office.
Amendment 288 #
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
3. The economic certificate referred to in paragraph 1 and the certificate referred to in Article 41 of Regulation (EU) No 2018/1139 may be subject to one or several conditions set out in Annex I. Such condiNational supervisory authorities shall issue certificates to air navigation service providers where they comply with the common requirements referred to in Article 6. Certificates may be issued individually for each type of air navigations shall be objectively justiervice as defined, non-discriminatory, proportionate and transparent. The Commission shall be empowered to adopt delegated acts in accordance with Article 36 in order to amend the list set out in Annex I for the purposes of providing for a in Article 2 of the framework Regulation, or for a bundle of such services, inter alia, where a provider of air traffic services, whatever its legal status, operates and maintains its own economic level playing field and resilience of service provisionmmunication, navigation and surveillance systems. The certificates shall be checked on a regular basis.
Amendment 290 #
Proposal for a regulation
Article 6 – paragraph 4
Article 6 – paragraph 4
4. The nationCertificates shall supervisory authorities of the Member State where the natural or legal person applying for the economic certificate has its principal place of businescify the rights and obligations of air navigation service providers, including non-discriminatory access to services for, if that person has no principal place of business, where it has its place of residence or place of establishment, shall be responsible for the tasks set out in this Article in respect of the economic certificates. In the case of provision of air navigation services in an airspace falling under the responsibility of two or more Member States, the national supervisory auth airspace users, with particular regard to safety. Certification may be subject only to the conditions set out in Annex II. Such conditions shall be objectively justified, non-discriminatory, proporities responsible shall be those specified in accordance with Article 5(4)onate and transparent.
Amendment 292 #
Proposal for a regulation
Article 6 – paragraph 5
Article 6 – paragraph 5
Amendment 294 #
Proposal for a regulation
Article 6 – paragraph 5 a (new)
Article 6 – paragraph 5 a (new)
5a. Notwithstanding paragraph 1, Member States may allow the provision of air navigation services in all or part of the airspace under their responsibility without certification in cases where the provider of such services offers them primarily to aircraft movements other than general air traffic. In those cases, the Member State concerned shall inform the Commission and the other Member States of its decision and of the measures taken to ensure maximum compliance with the common requirements.
Amendment 296 #
Proposal for a regulation
Article 6 – paragraph 6
Article 6 – paragraph 6
6. The Commission shall adopt, in accordance with the examination procedure referred to in Article 37(3), implementing rules regarding detailed requirements on financial robustness, in particular financial strength and financial resilience, as weNational supervisory authorities shall monitor compliance with the common requirements and with the conditions attached to the certificates. Details of such monitoring shall asbe in respect of liability and insurance cover. In order to ensure the uniform implementation of and compliance with paragraphs (1), (4) and (5) of this Article, the Commission shall adopt implementing acts, in accordance with the examination procedure referred to in Article 37(3), laying down detailed provisions concerning the rules and procedures for certification and for conducting the investigations, inspections, audits and othecluded in the annual reports to be submitted by Member States pursuant to Article 12(1) of the framework Regulation. If a national supervisory authority finds that the holder of a certificate no longer satisfies such requirements or mconditoring activities necessary to ensure effective oversight by the national supervisory authority of the entities subject to this Regulationions, it shall take appropriate measures while ensuring continuity of services on condition that safety is not compromised. Such measures may include the revocation of the certificate.
Amendment 299 #
Proposal for a regulation
Article 6 – paragraph 6 a (new)
Article 6 – paragraph 6 a (new)
6a. A Member State shall recognise any certificate issued in another Member State in accordance with this Article.
Amendment 310 #
Proposal for a regulation
Article 7 – paragraph 1 – subparagraph 1
Article 7 – paragraph 1 – subparagraph 1
Amendment 331 #
Proposal for a regulation
Article 8 – paragraph 1 – introductory part
Article 8 – paragraph 1 – introductory part
Amendment 349 #
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 usersbetter service performance while maintaining the level of safety, Member States shallmay allow airport operators to procure terminal air traffic services for aerodrome control under market conditions.
Amendment 361 #
Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 2
Article 8 – paragraph 1 – subparagraph 2
In addition, where this enables cost- efficiency gains to the benefit of airspace usersbetter service performance while maintaining the level of safety, Member States may allow airport operators or the national supervisory authority concerned to procure terminal air traffic services for approach control under market conditions.
Amendment 423 #
Proposal for a regulation
Article 10 – paragraph 2 – subparagraph 1 a (new)
Article 10 – paragraph 2 – subparagraph 1 a (new)
Social standards of the jobs within the air navigation service providers shall be monitored. To this end two indicators should be measured and managed: (a) Job satisfaction index Benchmarking of average salary of ANSP staff compared to average salary in the country.
Amendment 444 #
Proposal for a regulation
Article 11 – paragraph 2 – point a
Article 11 – paragraph 2 – point a
(a) they shall drive gradual, continuous improvements in respect of thensure operational and economic performance of air navigation services;
Amendment 454 #
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
Amendment 826 #
Proposal for a regulation
Article 27 – paragraph 2
Article 27 – paragraph 2