BETA

66 Amendments of Izaskun BILBAO BARANDICA related to 2013/0186(COD)

Amendment 30 #
Proposal for a regulation
Recital 10
(10) To ensure the consistent and sound oversight of service provision across Europe, the national supervisory authorities should be guaranteed sufficientbudgetary and financial independence and sufficient resources. This should not prevent a national supervisory authority from being part of a regulatory authority competent for several regulated sectors if that regulatory authority fulfils the independence requirements, or from being joined in terms of its organisation with the national competition authority. .
2021/02/05
Committee: TRAN
Amendment 34 #
Proposal for a regulation
Recital 11
(11) The financing of the national supervisory authorities should guarantee their independence, and should allow them to operate in accordance with the principles of fairness, transparency, non- discrimination and proportionality. Appropriate procedures and criteria for appointing staff should contribute to guaranteeing the independence of the national supervisory authorities, ensuring in particular that the appointment of persons in charge of strategic decisions is made by a public authority, which does not directly exert ownership rights over air navigation service providers.
2021/02/05
Committee: TRAN
Amendment 46 #
Proposal for a regulation
Recital 17
(17) Air traffic service providers or airport operators should have the choice to procure communication, navigation and surveillance services (CNS), aeronautical information services (AIS), air traffic data services (ADS), meteorological services (MET) or terminal air traffic services under market conditions, without prejudice to safety requirements, whereunless they findprove that such procurement enablesgoes to the detriment of cost-efficiency gains. The possibility to resort to suchnational supervisory authorities concerned should assess and approve this proof. The procurement is expected to allow for more flexibility and to promote innovation in services, without affecting the specific needs of the military regarding confidentiality, interoperability, system resilience, data access, and ATM security.
2021/02/05
Committee: TRAN
Amendment 49 #
Proposal for a regulation
Recital 18
(18) WheProcured terminal air traffic services are procured, they should not be subject to the charging scheme set out in this Regulation, nor to, Article 1(4) of Directive 2009/12/EC of the European Parliament and of the Council30 , linked to the applicability of that scheme. __________________ 30Directive 2009/12/EC of the European Parliament and of the Council of 11 March 2009 on airport charges (OJ L 70, 14.3.2009, p. 11).
2021/02/05
Committee: TRAN
Amendment 54 #
Proposal for a regulation
Recital 20
(20) Where applicable, tThe procurement of air navigation services should be carried out in accordance with Directive 2014/24/EU of the European Parliament and of the Council31 and Directive 2014/25/EU of the European Parliament and of the Council32 . National supervisory authorities should ensure that procurement requirements for air navigation services are fulfilled. __________________ 31Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement and repealing Directive 2004/18/EC (OJ L 94, 28.3.2014, p. 65). 32 Directive 2014/25/EU of the European Parliament and of the Council of 26 February 2014 on procurement by entities operating in the water, energy, transport and postal services sectors and repealing Directive 2004/17/EC (OJ L 94, 28.3.2014, p. 243).
2021/02/05
Committee: TRAN
Amendment 56 #
Proposal for a regulation
Recital 21
(21) The entry of unmanned aircraft operations must lead to a safe and shared use of the European airspace amongst unmanned and traditional operations. The traffic management of unmanned aircraft in an integrated manner requires the availability of common information services in order to create a common understanding of airspace activity in a given piece of airspace. In order to contain the costs of such traffic management, prices for common information services should be based on cost and a reasonable mark-up for profit, and should be subject to approval by national supervisory authorities. To enable the provision of the service, the required data should be made available by air navigation service providers.
2021/02/05
Committee: TRAN
Amendment 58 #
Proposal for a regulation
Recital 21 a (new)
(21a) The traffic management of unmanned aircrafts requires the availability of U-space services. Considering the vulnerability of the counterparty in the provision of U-space services, charging schemes should pay utmost attention to the safeguard of the affordability principle.
2021/02/05
Committee: TRAN
Amendment 59 #
Proposal for a regulation
Recital 22
(22) The designated tendering procedure and the performance and charging schemes are intended to make air navigation services provided under conditions other than market conditiontraffic services 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.
2021/02/05
Committee: TRAN
Amendment 83 #
Proposal for a regulation
Recital 29
(29) Mechanisms for modulation of charges to improve environmental performance and service quality, notably through increased use of sustainable alternative fuels, alternative clean propulsion technologies, more direct- routing, increased capacity and reduced delays, while maintaining an optimum safety level, should be set up at Union-wide level given the cross-border nature of aviation. National supervisory authorities should also have the possibility to establish mechanisms at local level regarding terminal services.
2021/02/05
Committee: TRAN
Amendment 108 #
Proposal for a regulation
Recital 39
(39) The concept of common projects should aim at implementing, in a timely, coordinated and synchronised manner, the essential operational changes identified in the European ATM Master Plan which have a network-wide impact. In particular the common projects should promote and accelerate the update of new digital technologies that are critical to the future scalability, resilience and sustainability of the ATM system in Europe. The Commission should be charged with carrying out a cost-benefit analysis in respect of the funding with a view to speedying up the deployment of the SESAR project.
2021/02/05
Committee: TRAN
Amendment 127 #
Proposal for a regulation
Article 2 – paragraph 1 – point 10 a (new)
10a. ‘air traffic service contract’ means one or more legally binding acts, following a competitive tendering procedure, that confirm the agreement between Member States concerned and an air traffic service provider to entrust to provide air traffic services;
2021/02/05
Committee: TRAN
Amendment 128 #
Proposal for a regulation
Article 2 – paragraph 1 – point 10 b (new)
10b. “designated air traffic service provider” means an air traffic service provider designated to provide air traffic services based on a competitive tendering procedure and hold an air traffic service contract;
2021/02/05
Committee: TRAN
Amendment 138 #
Proposal for a regulation
Article 2 – paragraph 1 – point 22 a (new)
22a. “U-space airspace” means a UAS geographical zone designated by Member States, where UAS operations are only allowed to take place with the support of U-space services provided by an U-Space service provider;
2021/02/05
Committee: TRAN
Amendment 139 #
Proposal for a regulation
Article 2 – paragraph 1 – point 22 b (new)
22b. “U-space service” means a service relying on a high level of digitalisation and automation of functions designed to support safe, efficient and secure access to U-space airspace for a large numbers of UAS;
2021/02/05
Committee: TRAN
Amendment 140 #
Proposal for a regulation
Article 2 – paragraph 1 – point 22 c (new)
22c. “U-space service provider” means any legal or natural person providing or intending to provide U-space services;
2021/02/05
Committee: TRAN
Amendment 142 #
Proposal for a regulation
Article 2 – paragraph 1 – point 26
26. ‘cooperative decision-making’ means a process in which decisions by the Network Manager are made based on interaction and consultation with Member States, operational stakeholders and other actors as appropriate;
2021/02/05
Committee: TRAN
Amendment 167 #
Proposal for a regulation
Article 3 – paragraph 3 – introductory part
3. Without prejudice to paragraph 1, the national supervisory authorities shall be legally distinct and independent from a legal, budgetary and financial point of view from any other public or private entity in terms of their organisation, functioning, legal structure and decision-making.
2021/02/05
Committee: TRAN
Amendment 185 #
Proposal for a regulation
Article 3 – paragraph 5 – point b a (new)
(ba) they shall not be seconded from air navigation service providers or companies under the control of an air navigation service provider.
2021/02/05
Committee: TRAN
Amendment 202 #
Proposal for a regulation
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 year of more than six months, for: (i) at least 12 months for staff in managerial positions; (ii) at least six months for staff in non- managerial positions.
2021/02/05
Committee: TRAN
Amendment 210 #
Proposal for a regulation
Article 3 – paragraph 7
7. Member States shall ensure that national supervisory authorities have the necessary financial resources and capabilities to carry out the tasks assigned to them under this Regulation in an efficient and timely manner. The national supervisory authorities shall manage their staff based on their own appropriations, to be set in proportion toaccordance with the tasks to be fulfilled by the authority in accordance with Article 4.
2021/02/05
Committee: TRAN
Amendment 213 #
Proposal for a regulation
Article 3 – paragraph 8 – subparagraph 1 a (new)
The Member State may reobtain the responsibility of the tasks of the national supervisory authority which the Agency acting as Performance Review Body (PRB) was requested to carry out subject to: (i) the submission of proof that the national supervisory authority is capable of performing the reobtained tasks; (ii) the reallocation of tasks starting from the beginning of a given reference period.
2021/02/05
Committee: TRAN
Amendment 218 #
Proposal for a regulation
Article 3 – paragraph 10
10. The Commission shall establish detailed rules laying down the modalities of recruitment criteria and selection procedures referred to in paragraph 5, points (a) and (b). Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 37(3).
2021/02/05
Committee: TRAN
Amendment 225 #
Proposal for a regulation
Article 4 – paragraph 1 – point c
(c) applyimplement the performance and charging schemes set out in in Articles 10 to 17 and 19 to 22 and the implementing acts referred to in Articles 18 and 23, within the limits of their tasks defined in those articles and acts, and oversee the application of the Regulation regarding the transparency of accounts of designated air traffic service providers in accordance with Article 25.
2021/02/05
Committee: TRAN
Amendment 233 #
Proposal for a regulation
Article 4 – paragraph 3 – subparagraph 1
It shall take all necessary enforcement measures which may, where appropriate, include the amendment, limitation, suspension or revocation of economic certificates issued by theming fines and periodic penalty payments for the purpose of its tasks in accordance with Article 6paragraph 1.
2021/02/05
Committee: TRAN
Amendment 238 #
Proposal for a regulation
Article 5 – paragraph 3
3. National supervisory authorities shall facilitate the provision of cross-border services by air navigation service providers for the purpose of improving network performance. In the case of provision of air navigation services in an airspace falling under the responsibility of two or more Member States , the Member States concerned shall conclude an agreement on the supervision to be carried out by them under this Regulation, of the air navigation service providers concerned . The national supervisory authorities concerned mayshall establish a plan specifying the implementation of their co-operation with a view to giving effect to that agreement.
2021/02/05
Committee: TRAN
Amendment 240 #
Proposal for a regulation
Article 5 – paragraph 5
5. Where permitted by national law and with a view to regional cooperation, national supervisory authorities mayshall also conclude agreements on the division of responsibilities regarding the supervisory tasks. They shall notify the Commission of these agreements.
2021/02/05
Committee: TRAN
Amendment 278 #
Proposal for a regulation
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.
2021/02/05
Committee: TRAN
Amendment 293 #
Proposal for a regulation
Article 6 – paragraph 5 – point b a (new)
(ba) take enforcement measures which may, where appropriate, include fines and periodic penalty payments, the amendment, limitation, suspension or revocation of economic certificates.
2021/02/05
Committee: TRAN
Amendment 297 #
Proposal for a regulation
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 well as 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 other monitoring activities necessary to ensure effective oversight and enforcement by the national supervisory authority of the entities subject to this Regulation.
2021/02/05
Committee: TRAN
Amendment 302 #
Proposal for a regulation
Article 7 – paragraph 1 – introductory part
1. Member States shall ensure the provision of air traffic services on an exclusive basis within specific airspace blocks in respect of the airspace under their responsibility. For this purpose, Member States shall individually or collectively, designate on the basis of a competitive tendering procedure in accordance with Article 35a (new) of this Regulation one or more air traffic service provider(s). The air traffic service providers shall fulfill the following conditions:
2021/02/05
Committee: TRAN
Amendment 307 #
Proposal for a regulation
Article 7 – paragraph 1 – point b a (new)
(ba) they shall fulfil the requirements on service quality in consistence with the Union wide performance targets;
2021/02/05
Committee: TRAN
Amendment 317 #
Proposal for a regulation
Article 7 – paragraph 1 – subparagraph 1 a (new)
The duration of an air traffic service contract shall not exceed the length of the reference period.
2021/02/05
Committee: TRAN
Amendment 326 #
Proposal for a regulation
Article 7 – paragraph 3
3. Member States shall specify in the air traffic service contract 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.
2021/02/05
Committee: TRAN
Amendment 330 #
Proposal for a regulation
Article 8 – title
Conditions regarding tThe provision of CNS, AIS, ADS, MET and terminal air traffic services
2021/02/08
Committee: TRAN
Amendment 332 #
Proposal for a regulation
Article 8 – paragraph 1 – introductory part
1. Where this enables cost-efficiency gains to the benefit of airspace users, aAir traffic service providers may decide toshall procure CNS, AIS, ADS or MET services under market conditions, unless they prove to the National supervisory authorities concerned that the procurement would result in a loss of cost efficiency to the detriment of the airspace users.
2021/02/08
Committee: TRAN
Amendment 343 #
Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 1
Where this enables cost-efficiency gains to the benefit of airspace users,The national supervisory authorities shall be responsible for assessing and approving this proof. Member States shall allow airport operators to procure terminal air traffic services for aerodrome control under market conditions.
2021/02/08
Committee: TRAN
Amendment 358 #
Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 2
In addition, where this enables cost- efficiency gains to the benefit of airspace users, Member States mayshall allow airport operators or the national supervisory authority concerned to procure terminal air traffic services for approach control under market conditions.
2021/02/08
Committee: TRAN
Amendment 363 #
Proposal for a regulation
Article 8 – paragraph 2
2. Procurement of services under market conditions shall be on the basis of equal, non-discriminatory and transparent conditions in accordance with Union law including Treaty rules on competition. The tender procedures for the procurement of the services concerned shall be designed so as to enable the effective participation of competing providers in these procedures including through regular reopening of competition. The period of service allocation following the tender procedure shall not exceed the reference period.
2021/02/08
Committee: TRAN
Amendment 386 #
Proposal for a regulation
Article 9 – paragraph 1
1. Where common information services are provided, the data disseminated shall present the integrity and quality necessary to enable the safe and integrated provision of services for the management of traffic of unmanned aircraft in a way that enables the shared use of the airspace together with manned aircrafts.
2021/02/08
Committee: TRAN
Amendment 390 #
Proposal for a regulation
Article 9 – paragraph 2 – introductory part
2. The price for common information services shall be based strictly on the fixed and variable costs of providing the service concerned and may, in addition, include a reasonable mark-up reflecting an appropriate risk- return trade-off.
2021/02/08
Committee: TRAN
Amendment 395 #
Proposal for a regulation
Article 9 – paragraph 4 – introductory part
4. As far as operations in specific volumes of airspace designated by the Member States for unmanned aircraft operations are concernedWhere manned and unmanned operations are expected to take place in specific volumes of airspace, relevant operational data shall be made available in real-time by air navigation service providers. Common information service providers to the U-Space service provider. The providers concerned shall use those data only for operational purposes of the services they provide. Access to relevant operational data shall be granted to common information service providers, on a non- discriminatory basis, without prejudice to security or defence policy interests.
2021/02/08
Committee: TRAN
Amendment 398 #
Proposal for a regulation
Article 9 – paragraph 4 a (new)
4a. The Commission shall lay down, by delegated acts referred to in Article 36, detailed requirements for traffic management of unmanned and manned aircraft operations that supports safe and shared use of the airspace, including making available of and the access to data, and the methodology to set the prices in accordance with paragraphs 2, 3 and 4.
2021/02/08
Committee: TRAN
Amendment 470 #
Proposal for a regulation
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 accountcontribute to the implementation of the European ATM Master Plan. The draft performance plans shall be made publicly available.
2021/02/08
Committee: TRAN
Amendment 563 #
Proposal for a regulation
Article 13 – paragraph 11 – subparagraph 1
The Agency acting as PRB shall issue regular reports, within the time limits referred to in the implementing acts to be adopted in accordance with Article 18, on the monitoring of performance of en route air navigation services and network functions, including regular assessments of the achievement of the en route Union- wide performance targets and of performance targets for en route air navigation services for air traffic service providers and making the results of those assessments publicly available. 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, including fines and periodic penalty payments in accordance with Article 42a of this Regulation and Article 84a of Regulation [EASA-PRB], 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 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).
2021/02/08
Committee: TRAN
Amendment 580 #
Proposal for a regulation
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 accountcontribute to the implementation of the European ATM Master Plan. The draft performance plans shall be made publicly available.
2021/02/08
Committee: TRAN
Amendment 639 #
Proposal for a regulation
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 mayshall include mechanisms, such as fines and periodic penalty payments, and/or, 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 shall 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).
2021/02/08
Committee: TRAN
Amendment 650 #
Proposal for a regulation
Article 15 – paragraph 1
1. The Agency acting as PRB shall on a regular basis, once per year, establish a Union-wide overview of the performance of terminal air navigation services and of how it relates to Union-wide performance targets.
2021/02/08
Committee: TRAN
Amendment 705 #
Proposal for a regulation
Article 20 – paragraph 6
6. Designated air traffic service providers shall provide full details of their cost base to the Agency acting as PRB, the national supervisory authorities, 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.
2021/02/08
Committee: TRAN
Amendment 737 #
Proposal for a regulation
Article 22 – paragraph 5
5. Charges shall 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, alternative clean propulsion technologies, or service quality such as increased capacity, reduced delays, more direct-routing 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.
2021/02/09
Committee: TRAN
Amendment 758 #
Proposal for a regulation
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 mayshall 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.
2021/02/09
Committee: TRAN
Amendment 759 #
Proposal for a regulation
Article 24 – paragraph 3
3. The Commission mayshall issue an opinion on whether Articles 10 to 17 and 19 to 22 and the implementing acts referred to in Articles 18 and 23 have been complied with by Member States and/or air traffic service providers and shall notify this opinion to the Member State or Member States and the air traffic service provider concerned.
2021/02/09
Committee: TRAN
Amendment 761 #
Proposal for a regulation
Article 25 – paragraph 1
1. Air navigation service providers, independently of their system of ownership or legal structures , shall annually draw up and publish their financial accounts. These accounts shall comply with the international accounting standards adopted by the Union . Where, owing to the legal status of the air navigation service provider, full compliance with the international accounting standards is not possible, the provider shall achieve such compliance to the maximum possible extentwithin 1 year from the entry in force of this Regulation. Air navigation service providers shall publish an annual report and regularly undergo an independent audit for the accounts referred to in this paragraph .
2021/02/09
Committee: TRAN
Amendment 803 #
Proposal for a regulation
Article 26 – paragraph 3 – point b
(b) management of the delivery of air traffic control capacity in the network as set out in the binding Network Operations Plan (NOP);
2021/02/09
Committee: TRAN
Amendment 849 #
Proposal for a regulation
Article 27 – paragraph 6 – point a
(a) decide on individual measures to implement the network functions and to support the effective implementation of the binding Network Operations Plan and the achievement of the binding performance targets;
2021/02/09
Committee: TRAN
Amendment 885 #
Proposal for a regulation
Article 33 – paragraph 3
3. Where, in particular following the reports submitted by Member States, it becomes necessary to reinforce and harmonise the application of the concept of the flexible use of airspace, the relevant technological airspace infrastructure and technical innovation within the single European sky, the Commission and the Agency shall adopt measures within the context of the common transport policy such as the harmonization of training for air traffic controllers. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 37(3).
2021/02/09
Committee: TRAN
Amendment 887 #
Proposal for a regulation
Article 35 – paragraph 1
1. The Commission may set up common projects for implementing the essential operational changes identified in the European ATM Master Plan having a network-wide impact. Such projects shall support a timely and synchronised deployment of the priority enablers towards the Digital European Sky and European Green Deal. They shall further support the improvement of the performance of the European aviation system in key areas such as capacity, flight and cost efficiency, the provision of enabling services such as advanced communications, as well as environmental sustainability, within the overriding safety objective.
2021/02/09
Committee: TRAN
Amendment 890 #
Proposal for a regulation
Article 35 – paragraph 2
2. TIn order to support the priorities set in paragraph 1 of this Article, the Commission may also establish governance mechanisms for common projects and their implementation.
2021/02/09
Committee: TRAN
Amendment 898 #
Proposal for a regulation
Article 35 a (new)
Article 35a Final Provision The Commission shall adopt delegated acts in accordance with Article 36 concerning the tendering procedure to be followed by the Member States when designating air traffic service providers, in accordance with Directive 2014/24/EU1a and Directive 2014/25/EU2a. __________________ 1aDirective 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement and repealing Directive 2004/18/EC. 2aDirective 2014/25/EU of the European Parliament and of the Council of 26 February 2014 on procurement by entities operating in the water, energy, transport and postal services sectors and repealing Directive 2004/17/EC.
2021/02/09
Committee: TRAN
Amendment 900 #
Proposal for a regulation
Article 36 – paragraph 2
2. The delegation of power referred to in Articles 6, 9, 26 and 2642a shall be conferred on the Commission for a period of seven years from [the date of the publication of this Regulation]. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.
2021/02/09
Committee: TRAN
Amendment 901 #
Proposal for a regulation
Article 36 – paragraph 3
3. The delegation of power referred to in Articles 6, 9, 26 and 2642a may be revoked at any time by the European Parliament or by the Council. A decision of revocation shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.
2021/02/09
Committee: TRAN
Amendment 904 #
Proposal for a regulation
Article 36 – paragraph 5
5. A delegated act adopted pursuant to Articles 6, 9, 26 and 2642a shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of 2 months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by 2 months at the initiative of the European Parliament or the Council.
2021/02/09
Committee: TRAN
Amendment 906 #
Proposal for a regulation
Article 38 – title
Industry Consultation of stakeholdersBody
2021/02/09
Committee: TRAN
Amendment 916 #
Proposal for a regulation
Article 38 a (new)
Article 38a Industry Consultation Body Without prejudice to the role of the Committee and of Eurocontrol, the Commission shall establish an ‘industry consultation body’, in which air navigation service providers, associations of airspace users, airport operators, the manufacturing industry and professional staff representative bodies shall participate. The role of this body shall solely be to advise the Commission on the implementation of the single European sky.
2021/02/09
Committee: TRAN
Amendment 919 #
Proposal for a regulation
Article 42 – paragraph 1
Member States shall lay down rules on penalties applicable to infringements of this Regulation, except for the rules on fines and periodic penalty payments when the Agency is acting as referred to in Article 42a, and of the delegated and implementing acts adopted on the basis thereof in particular by airspace users , airport operators and air navigation service providers , and shall take all measures necessary to ensure that they are implemented. The penalties provided for shall be effective, proportionate and dissuasive.
2021/02/09
Committee: TRAN
Amendment 921 #
Proposal for a regulation
Article 42 a (new)
Article 42a Fines and periodic penalty payments when the Agency is acting as PRB 1. The Commission may, at the request of the Agency acting as PRB, impose on a legal or natural person responsible for the performance of Air Navigation Service Providers, in accordance with this Regulation and Article 84a of Regulation 2018/1139, either one or both of the following: (a) a fine, where that person infringed, intentionally or negligently, one of the provisions of this Regulation; (b) a periodic penalty payment where that person continues to infringe one of those provisions, in order to compel that person to comply with those provisions. 2. The fines and periodic penalty payments referred to in paragraph 1 shall be effective and proportionate. The amount of the fines shall not exceed 4 % of the annual income or turnover of the legal or natural person concerned. The amount of the periodic penalty shall not exceed 2,5 % of the average daily income or turnover of the legal or natural person concerned. 3. The Commission shall only impose fines and periodic penalty payments pursuant to paragraph 1 when other measures provided for in this Regulation and in the delegated and implementing acts adopted on the basis thereof to address such infringements are inadequate or disproportionate. 4. With regard to the imposition of fines and periodic penalty payments in accordance with this Article, the Commission shall adopt delegated acts in accordance with Article 36, laying down: (a) detailed criteria and a detailed methodology for establishing the amounts of the fines and periodic penalty payments; (b) detailed rules for enquiries, associated measures and reporting, as well as decision-making, including provisions on rights of defence, access to file, legal representation, confidentiality and temporary provisions; and (c) procedures for the collection of the fines and periodic penalty payments. 5. The Court of Justice shall have unlimited jurisdiction to review decisions of the Commission taken pursuant to paragraph 1. It may cancel, reduce or increase the fine or periodic penalty payment imposed. 6. The decisions of the Commission taken pursuant to paragraph 1 shall not be of a criminal law nature.
2021/02/09
Committee: TRAN
Amendment 926 #
Proposal for a regulation
Article 46 – paragraph 2 – introductory part
2. Article 3(3) shall apply from [OP please insert the date - 4812 months after the entry into force of this Regulation].
2021/02/09
Committee: TRAN