54 Amendments of Carlo FIDANZA related to 2011/0391(COD)
Amendment 54 #
Proposal for a regulation
Recital 12 a (new)
Recital 12 a (new)
(12a) 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 should be given to requests for continued usage of such slots.
Amendment 57 #
Proposal for a regulation
Recital 13
Recital 13
(13) The progress made in implementing the Single European Sky has a major impact on the slot allocation process. The imposition of performance plans, which make the airports, the air navigation service providers and airspace users subject to performance improvement and monitoring measures, and the network management function, based on the establishment of a European network of routes and a central air traffic management, means it is necessary to update the slot allocation rules. It is therefore necessary to create an adequate framework allowing the network manager, the performance rewview body and the national supervisory authorities to participate in the procedure of setting the airport capacity and coordination parameters. A new category of airports of importance to this network should also be created with a view to allowing the network to react better in crisis situations.
Amendment 59 #
Proposal for a regulation
Recital 14
Recital 14
(14) The flight plans and the slots should be better matched to better exploit airport capacity and improve flight punctuality. The flight plans can be rejected in a "no slot" situation.
Amendment 66 #
Proposal for a regulation
Recital 21
Recital 21
Amendment 79 #
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 larger 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 for thein allocation ofng the same series for the following scheduling period even if the 850% rate has not been met.
Amendment 91 #
Proposal for a regulation
Article 2 – paragraph 1 – point 2 – point a
Article 2 – paragraph 1 – point 2 – point a
a) an air carrier requesting, as part of a series of slots, a slot at an airport on any day, where, if the carrier's request were accepted, it would in total hold fewer than fivnine slots at that airport on that day; or
Amendment 93 #
Proposal for a regulation
Article 2 – paragraph 1 – point 3
Article 2 – paragraph 1 – point 3
3) ‘'scheduling period’' shall mean either the summer or winter season as used in the schedules of air carriers , in accordance with the rules and guidelines established by the air transport sectionor on a global basis ;
Amendment 94 #
Proposal for a regulation
Article 2 – paragraph 1 – point 6
Article 2 – paragraph 1 – point 6
6) ‘g'Group of air carriers’' shall mean two or more air carriers which together perform joint operations, franchise operations or, code-sharing, or a consortium in the case of non-scheduled operators for the purpose of operatutilising a specific air serviceslot;
Amendment 104 #
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 winter scheduling periodhaving been requested for the same time on the same day of the week for consecutive weeksregularly in the same scheduling period and allocated by the coordinator on that basis or, if that is not possible, allocated at approximately the same time, unless agreed otherwise through a local rule under the conditions as referred to in Article 9, paragraph 8 of this Regulation;
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 110 #
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 airport's network's operational plan is consistent with the network's airport's operational plan, in accordance with Article 6(7) of Commission Regulation (EU) No 677/2011.;
Amendment 114 #
Proposal for a regulation
Article 3 – paragraph 3 – subparagraph 3
Article 3 – paragraph 3 – subparagraph 3
Amendment 116 #
Proposal for a regulation
Article 3 – paragraph 4
Article 3 – paragraph 4
4. On the basis of the analysis, the Member State shall consult on the capacity situation at the airport with the managing body of the airport, the air carriers using the airport regularly, their representative organisations, representatives of general aviation using the airport regularly and air traffic control authorities.
Amendment 118 #
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 120 #
Proposal for a regulation
Article 3 – paragraph 7
Article 3 – paragraph 7
Amendment 137 #
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) that 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 146 #
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. At the end of each scheduling period,nnually the coordinator or schedules facilitator shall submit to the Member States concerned and, to the Commission, as well as to any other interested party upon request, an activity report describing the general slot allocation and/or schedules facilitation situation, examining , in particular, the application of Article 9(5) and Articles 13 and 18, as well as any complaints regarding the application of Articles 9 and 10 submitted to the coordination committee and the steps taken to resolve them. The report shall also cover the cost efficiency and effectiveness of the coordinator and contain the results of a survey conducted among the interested parties on the quality of services provided by the coordinator.
Amendment 159 #
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, respectively, 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 162 #
Proposal for a regulation
Article 7 – paragraph 1 – subparagraph 2
Article 7 – paragraph 1 – subparagraph 2
For all other airports with no particular designation status, the air carriers operating or intending to operate from that airport, the managing body of the airport, the groundhandling service providers and the air navigation service providersmanaging body of the airport shall provide, when requested by a coordinator, any information in theirits possession about the planned services of air carriers.
Amendment 163 #
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
2. Where an air carrier fails to provide the information referred to in paragraph 1, unless it can satisfactorily demonstrate that mitigating circumstances exist, or provides false or misleading information, the coordinator shall not take into consideration the slot request or requests by that air carrier to which the missing, false or misleading information relates. It shall withdraw the series of slots if they were already allocated and/or recommend that penalties be imposed by the competent body under national law. The coordinator shall give that air carrier the opportunity to submit its observations.
Amendment 164 #
Proposal for a regulation
Article 7 – paragraph 3 a (new)
Article 7 – paragraph 3 a (new)
3a. The format and scope of the information referred to in this article is determined in an agreed worldwide industry standard. The information provided shall be used for the purpose of this Regulation only.
Amendment 169 #
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 committee shall be open at least to the air carriers using the airport(s) in question regularly and their representative organisations, 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.
Amendment 171 #
Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 2 – point a – point vii a (new)
Article 8 – paragraph 1 – subparagraph 2 – point a – point vii a (new)
(viia) any issues concerning the tasks and organization of the coordinator and the efficiency, costs and effectiveness of the coordinator.
Amendment 174 #
Proposal for a regulation
Article 8 – paragraph 3 – subparagraph 1
Article 8 – paragraph 3 – subparagraph 1
The coordination committee shall draw up written rules of procedure covering, inter alia participation, elections, the frequency of meetings, voting and language(s) used.
Amendment 176 #
Proposal for a regulation
Article 8 – paragraph 3 – subparagraph 2
Article 8 – paragraph 3 – subparagraph 2
Any member of the coordination committee may propose local guidelines as provided for in Article 9 (8). At the request of the coordinator, tThe coordination committee shall discuss and vote on suggested local guidelines. A report of the discussions and any agreed actions in the coordination committee shall be submitted to the Member State concerned with an indication of the respective positions stated within the committee. This report shall also be communicated to the performance review body and the network manager.
Amendment 179 #
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. The coordinator shall set up a pool, which shall contain all the slots not allocated on the basis of Articles 10(2), (3). All new slot capacity determined pursuant to Article 3 (3) shawill be placed in the pool.
Amendment 181 #
Proposal for a regulation
Article 9 – paragraph 2 – subparagraph 1
Article 9 – paragraph 2 – subparagraph 1
Without prejudice to Article 10(2) and (3) of this Regulation and without prejudice to Article 19(2) of Regulation (EC) No 1008/2008, slots placed in the pool shall be distributed among applicant air carriers. 50 % of these slots shall first be allocated to new entrants unless requests by new entrants are less than 50 %. The preference given to new entrants shall be respected during the entire scheduling period. The coordinator shall treat the requests of new entrants and other carriers fairly, in accordance with the coordination periods of each scheduling day.
Amendment 183 #
Proposal for a regulation
Article 9 – paragraph 2 – subparagraph 2
Article 9 – paragraph 2 – subparagraph 2
Amendment 188 #
Proposal for a regulation
Article 9 – paragraph 5 – subparagraph 1
Article 9 – paragraph 5 – subparagraph 1
In the case of services operated by a group of air carriers, only one of the participating air carriers can apply for the required slots. The air carrier operating such a service accepts responsibility for meeting the operating criteria required to benefit from the prioritymaintain historical precedence referred to in Article 10 (2).
Amendment 199 #
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 world-wide or worldUnion-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 t. Local Rules concern the allocation and monitoring of slots. These can be applied only where it can be proved that an airport reaches 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, bun alarming level of congestion and therefore performance or throughput improvements can be delivered through locally applied rules. These must be transparent uander no circumstances below 5 slots. The reduction of the length of the series of slots appln-discriminatory. Local rules must be agreed and voted on in the coordination committee after agreement of all parties conly at airports where demand for air services is highly seasonablecerned, as referred to in Article 8 paragraph 3 of this Regulation.
Amendment 203 #
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 172, priorityhistorical precedence is to be given 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 213 #
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 216 #
Proposal for a regulation
Article 10 – paragraph 3
Article 10 – paragraph 3
3. Re-timing of a series of slots before the allocation of the remaining slots from the pool referred to in Article 9 to the other applicant air carriers shall be accepted only for operational reasons such as, changes in the type of aircraft used or route operated by the air carrier or, in the case of slots originally allocated to new entrants as defined in Article 2, if the slot timings of such applicant air carriers would be improved in relation to the timings initially requested. It shall not take effect until expressly confirmed by the coordinator.
Amendment 217 #
Proposal for a regulation
Article 10 – paragraph 4 – subparagraph 1
Article 10 – paragraph 4 – subparagraph 1
Slots allocated to an air carrier before 31 January on or before the following summer season, or before 31 August for the following winter seasonagreed Industry Historics Baseline Date, but which are returned to the coordinator for reallocation before those dates, shall not be taken into account for the purposes of the usage calculation, provided that the remaining allocated slots constitutean be recognised as being part of a series within the meaning of Article 2(13).
Amendment 220 #
Proposal for a regulation
Article 10 – paragraph 4 – subparagraph 2
Article 10 – paragraph 4 – subparagraph 2
Amendment 228 #
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 priorityhistorical precedence 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 230 #
Proposal for a regulation
Article 10 – paragraph 5 – subparagraph 1 – point a – point iii
Article 10 – paragraph 5 – subparagraph 1 – point a – point iii
(iii) serious disturbance of operations at the airports concerned, including those series of slots at other Union airports related to routes which have been affected by such disturbance, during a substantial part of the relevant scheduling period;
Amendment 232 #
Proposal for a regulation
Article 10 – paragraph 5 – subparagraph 1 – point c
Article 10 – paragraph 5 – subparagraph 1 – point c
(c) serious financial difficulties of the Uniofor an air carrier concerned, resulting in the granting of a temporary licence by the licensing authorities pending financial reorganisation of the air carrier in accordance with Article 9(1) of Regulation (EC) No 1008/2008;
Amendment 236 #
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 may however decide that priority for the allocation of the same series should be awarded to the air carriers for the following scheduling period, if this is justified on imperative grounds of urgency linked to exceptional eventsoperational disruption requiring coherence in the application of measures to be taken in these airports. The Commission 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).
Amendment 240 #
Proposal for a regulation
Article 11
Article 11
Amendment 251 #
Proposal for a regulation
Article 13 – paragraph 1 – point a
Article 13 – paragraph 1 – point a
(a) transferred by an air carrier or between air carriers within a consortium from one route or type of service to another route or type of service operated by that same air carrier;
Amendment 261 #
Proposal for a regulation
Article 13 – paragraph 2 – subparagraph 2 – point a
Article 13 – paragraph 2 – subparagraph 2 – point a
(a) airport operations would not be prejudiced, taking into account all technical, operational, performance and environmental constraints;
Amendment 269 #
Proposal for a regulation
Article 13 – paragraph 3 – subparagraph 3 a (new)
Article 13 – paragraph 3 – subparagraph 3 a (new)
Slots that have been newly allocated to incumbent airlines may not be transferred or exchanged for compensation or monetary gain for at least one equivalent scheduling season.
Amendment 271 #
Proposal for a regulation
Article 13 a (new)
Article 13 a (new)
Article 13a Member States may set measures to allocate a portion of proceeds from slots trading to a fund for supporting the airports infrastructure expansion, including infrastructure to access the airport.
Amendment 274 #
Proposal for a regulation
Article 17 – title
Article 17 – title
Amendment 277 #
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. The network manager shall, after having heard the air carrier concerned, may 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 279 #
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
1. The coordinator shall withdraw the series of slots provisionally allocated to an air carrier in the process of establishing itself and place them in the pool on 31 January for the following summer season or on 31 August for the following winter seasonthe agreed industry Historics Baseline Date if the undertaking does not hold an operating licence or equivalent on that date or if it is not stated by the competent licensing authority that it is likely that an operating licence or equivalent will be issued before the relevant scheduling period commences. The competent licensing authorities shall give regular information updates to the coordinator and respond to its requests within a reasonable period of time.
Amendment 282 #
Proposal for a regulation
Article 18 – paragraph 2 – subparagraph 1
Article 18 – paragraph 2 – subparagraph 1
Air carriers that repeatedly orand intentionally, or General Aviation / Business aviation that 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 priorityand thereby cause prejudice to airport or air traffic operations shall lose their historical precedence 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 then 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 287 #
Proposal for a regulation
Article 18 – paragraph 3 – subparagraph 1 – indent 1
Article 18 – paragraph 3 – subparagraph 1 – indent 1
– Air carriers that repeated orly and intentional operation ofly, or General Aviation / Business aviation that intentionally, operates air services without a corresponding slot or at times significantly different from the allocated slots or with the use of slots in a significantly different way from that indicated at the time of allocation;
Amendment 292 #
Proposal for a regulation
Article 18 – paragraph 3 – subparagraph 1 – indent 2
Article 18 – paragraph 3 – subparagraph 1 – indent 2
– the return of slots after 31 January for the following summer season or after 31 August for the following winter season, or the retention of unused slots; the penalty should in any case take account of the possible use of the mechanism provided by Article 11nd/or slot series after the industry agreed Historics Baseline Date, or the retention of unused slots and/or slot series for commercial reasons;
Amendment 299 #
Proposal for a regulation
Article 18 – paragraph 4 – subparagraph 1
Article 18 – paragraph 4 – subparagraph 1
Without prejudice to Article 10(5), if the 850 % usage rate as defined in Article 10(2) cannot be achieved by an air carrier, 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.
Amendment 302 #
Proposal for a regulation
Article 18 – paragraph 4 – subparagraph 2
Article 18 – paragraph 4 – subparagraph 2
Without prejudice to Article 10(5), if after an allotted time corresponding to 1520 % of the period of the series validity no slots of that series of slots have been used, the coordinator shall place the series of slots in question in the pool for the remainder of the scheduling period, after having consulted the air carrier concerned. The coordinator may decide to withdraw the series of slots before the end of a period corresponding to 1520 % of the period of validity of the series if the carrier does not show that it intends to use them.
Amendment 303 #
Proposal for a regulation
Article 19 – paragraph 1
Article 19 – paragraph 1
1. Without prejudice to rights of appeal under national law, complaints regarding the application of Articles 7(2), 9, 10, 13, 17 and 18(1),(2), (3) and (4) shall be submitted to the coordination committee. The committee shall, within a period of one month following submission of the complaint, consider the matter and if possible make proposals to the coordinator in an attempt to resolve the problem. If the complaint cannot be settled, the Member State responsible may, within a further two month period, provide for mediation by an air carriers‘' or airports’' representative organisation or other third party.