31 Amendments of Georges BACH related to 2015/0277(COD)
Amendment 289 #
Proposal for a regulation
Recital 18
Recital 18
(18) Since unmanned aircraft also operate within the airspace alongside with traditionalmanned aircraft, this Regulation should cover such aircraft, regardless of their operating mass. Technologies for unmanned aircraft now allow for a wide range of operations possible that should be subject to rules that are proportionate to the risk of the particular operation or type of operations.
Amendment 310 #
Proposal for a regulation
Recital 34
Recital 34
(34) The Agency should provide the technical expertise to the Commission in the preparation of the necessary legislation and assist, where appropriate, the Member States and industry in its implementation. It should be able to issue certification specifications and guidance material and to make technical findings and issue certificates or register declarations as required.
Amendment 326 #
Proposal for a regulation
Recital 50
Recital 50
(50) When the Agency develops draft rules of a general nature to be implemented by national authorities, Member States should be consulted. Furthermore, where rules could have importantoccupational health and safety and/or social implications, stakeholders, including Union social partners, should be appropriately consulted and the implications should be properly addressed in the Regulatory Impact Assessment when the Agency prepares corresponding draft rules.
Amendment 363 #
Proposal for a regulation
Article 1 – paragraph 2 – point h a (new)
Article 1 – paragraph 2 – point h a (new)
(ha) supporting passenger confidence in the safety, security and efficiency of civil aviation within a framework of effective passenger rights legislation.
Amendment 492 #
Proposal for a regulation
Article 21 – paragraph 1
Article 21 – paragraph 1
Cabin crew involved in commercial air transport operations shall be subject to certification and shall be issued with an attestation license.
Amendment 497 #
Proposal for a regulation
Article 21 – paragraph 3
Article 21 – paragraph 3
Those attestationlicences shall be issued upon application, when the applicant has demonstrated that he or she complies with the rules established by delegated acts adopted pursuant to Article 25 to ensure compliance with the essential requirements referred to in Article 19 on theoretical knowledge, practical skill and medical fitness.
Amendment 502 #
Proposal for a regulation
Article 22 – paragraph 3 a (new)
Article 22 – paragraph 3 a (new)
Aircrew Training Organisations shall not receive Financial revenue from the trainee when providing training on aircraft carrying passengers or cargo.
Amendment 512 #
Proposal for a regulation
Article 25 – paragraph 2
Article 25 – paragraph 2
Amendment 541 #
Proposal for a regulation
Article 29 – paragraph 1
Article 29 – paragraph 1
Aerodromes, aerodrome equipment, the operation of aerodromes, personnel involved in and the provision of ground handling services and apron management services at aerodromes shall comply with the essential requirements set out in Annex VII and, if applicable, Annex VIII.
Amendment 568 #
Proposal for a regulation
Article 32 – paragraph 2
Article 32 – paragraph 2
2. Organisations responsible for the provision of ground handling services and apron management services at aerodromes subject to this Regulation shall declare their capability and the availability of the means to discharge the responsibilities associated with the services provided in compliance with the essential requirements referred to in Article 29be subject to certification and shall be issued with a certificate.
Amendment 582 #
Proposal for a regulation
Article 34 – paragraph 1 a (new)
Article 34 – paragraph 1 a (new)
1a. Personnel involved in ground handling and apron management services at aerodromes shall be subject to an EU certification and shall be issued with a license under the responsibility of the National Aviation Authorities. Those licenses shall be issued upon application, when the applicant has demonstrated that he or she complies with the rules established to ensure compliance with the essential requirements referred to in Article 29 on theoretical knowledge and practical skills.
Amendment 639 #
Proposal for a regulation
Article 46 – paragraph 1
Article 46 – paragraph 1
1. Where the delegated acts adopted pursuant to Article 47 so provide with a view to achieving adequate high uniform levels of safety, having regard to the principles laid down in Article 4(2), the design, production, maintenance and operation of unmanned aircraft shall be subject to certification. Certificates shall be issued upon application, where the applicant has demonstrated that it complies with the rules established by the delegated acts adopted pursuant to Article 47 to ensure compliance with the essential requirements referred to in Article 45. The certificate shall specify the safety-related limitations, operating conditions and privileges.
Amendment 650 #
Proposal for a regulation
Article 47 – paragraph 1 – point e
Article 47 – paragraph 1 – point e
(e) the markingndatory marking, registration and identification of unmanned aircraft;
Amendment 696 #
Proposal for a regulation
Article 53 – paragraph 3
Article 53 – paragraph 3
3. The Agency or a Member State, as applicable, shall only agree to the transfer of responsibilities referred to in paragraphs 1 or 2 when it is satisfied and demonstrated that it can effectively exercise the transferred responsibility in compliance with this Regulation and the delegated and implementing acts adopted on the basis thereof, and has the necessary resources to do so.
Amendment 701 #
Proposal for a regulation
Article 53 – paragraph 4 – subparagraph 1
Article 53 – paragraph 4 – subparagraph 1
When a Member State intends to transfer certain responsibilities in accordance with paragraphs 1 or 2, it shall establish jointly with the Agency or with the other Member State, as applicable, a transition plan that ensures an orderly transfer of those responsibilities. The legal and natural persons, including all relevant stakeholders, concerned by the transfer and, in case of a transfer referred to in paragraph 2, the Agency shall be consulted onduring the establishment of that transition plan, and again before it is finalised. It shall carry out jointly with the Agency or with the other Member State, where applicable, and in consultation with relevant stakeholders, an impact assessment. The transition plan shall include means to effectively mitigate against any negative impacts identified in the impact assessment.
Amendment 757 #
Proposal for a regulation
Article 59 – paragraph 2 – subparagraph 1
Article 59 – paragraph 2 – subparagraph 1
Where the duration of the measures referred to in paragraph 1 exceeds eighttwo consecutive months or where a Member State has taken the same measures repetitively and their total duration exceeds eight months, the Agency shall assess whether the conditions of paragraph 1 have been met and issue, within three months from the date of the reception of the notification referred to in paragraph 1, a recommendation to the Commission as regards the outcome of that assessment. The Agency shall include that recommendation in the repository established under Article 63.
Amendment 766 #
Proposal for a regulation
Article 60 – paragraph 2 – subparagraph 1
Article 60 – paragraph 2 – subparagraph 1
Where the duration of the exemptions referred to in paragraph 1 exceeds eighttwo consecutive months or where a Member State has granted the same exemptions repetitively and their total duration exceeds eighttwo months, the Agency shall assess whether the conditions of paragraph 1 have been met and issue, within three months from the date of the reception of the notification referred to in paragraph 1, a recommendation to the Commission as regards the outcome of that assessment. The Agency shall include that recommendation in the repository established under Article 63.
Amendment 781 #
Proposal for a regulation
Article 63 – paragraph 1 – subparagraph 2 – point m a (new)
Article 63 – paragraph 1 – subparagraph 2 – point m a (new)
(ma) safety reports submitted to the Agency Under Regulation (EU) 376/2014;
Amendment 783 #
Proposal for a regulation
Article 63 – paragraph 3 a (new)
Article 63 – paragraph 3 a (new)
3a. The agency shall collect safety reports and store them in an anonymously manner and make them publicly available.
Amendment 800 #
Proposal for a regulation
Article 65 – paragraph 4 – subparagraph 2
Article 65 – paragraph 4 – subparagraph 2
The Agency may grant exemptions to any legal or natural person to whom it has issued a certificate in the situations and subject to the conditions set out in Article 60(1). In such a case, the Agency shall immediately notify the Commission and the Member States, through the repository established under Article 63, of the exemptions granted, the reasons for granting them and, where applicable, the necessary mitigation measures applied. Where the duration of an exemption exceeds eighttwo consecutive months or where the Agency has granted the same exemption repetitively and their total duration exceeds eighttwo months, the Commission shall assess whether those conditions have been met, and where it considers that this is not the case, it shall adopt an implementing decision to that effect, which shall be published in the Official Journal of the European Union and entered into the repository established under Article 63. The Agency shall immediately revoke the exemption upon the notification of that implementing decision.
Amendment 822 #
Proposal for a regulation
Article 72 – paragraph 1 – introductory part
Article 72 – paragraph 1 – introductory part
1. The Commission mayshall, at the request of the Agency, impose on an legal or natural person to whom it has issued a certificate, or who has made a declaration to it, in accordance with this Regulation, either one or both of the following:
Amendment 890 #
Proposal for a regulation
Article 76 – paragraph 3 a (new)
Article 76 – paragraph 3 a (new)
3a. The Agency shall address security in the impact assessment and all phases of the rulemaking process.
Amendment 951 #
Proposal for a regulation
Article 104 – paragraph 1 – subparagraph 2 – point b
Article 104 – paragraph 1 – subparagraph 2 – point b
(b) whenever necessary, involve experts from relevant interested parties or draw on expertise from the relevant European standardisation bodies or other specialised bodies;
Amendment 960 #
Proposal for a regulation
Article 109 – paragraph 1 – point c
Article 109 – paragraph 1 – point c
Amendment 1003 #
Proposal for a regulation
Article 123 – paragraph 1 – point 4
Article 123 – paragraph 1 – point 4
Regulation (EC) 1008/2008
Article 13
Article 13
Amendment 1008 #
Proposal for a regulation
Article 125 – paragraph 1
Article 125 – paragraph 1
Regulation 376/2014
Article 3 – paragraph 2
Article 3 – paragraph 2
However, this Regulation shall not apply to occurrences and other safety-related information involving unmanned aircraft for which a certificate or declaration is not required pursuant to Article 46(1) and (2) of Regulation (EU) YYYY/N [ref. to new regulation], unless the occurrence or other safety-related information involving such unmanned aircraft resulted in a fatal or could have resulted in a fatal or serious injury to a person or it involved aircraft other than unmanned aircraft.
Amendment 1068 #
Proposal for a regulation
Annex VII – point 4 – point 4.1 a (new)
Annex VII – point 4 – point 4.1 a (new)
4.1a. Personnel involved in ground handling and apron management services at aerodromes must be trained and checked on a regular basis to attain and maintain an adequate level of competency in order to perform their assigned safety duties.
Amendment 1080 #
Proposal for a regulation
Annex VIII – point 6 – point 6.2 a (new)
Annex VIII – point 6 – point 6.2 a (new)
Amendment 1085 #
Proposal for a regulation
Annex IX – point 1 – point a
Annex IX – point 1 – point a
(a) A person operating the unmanned aircraft must be aware of the applicable Union and national rules relating to the intended operations, in particular with regard to safety, privacy, data protection, liability, insurance, security or environmental protection. The person must be able to ensure the safety of operation and safe separation of the unmanned aircraft from people on the ground and from other airspace users. This includes being familiar withgood knowledge of the operating instructions provided by the manufacturer and with all relevant functionalities of the unmanned aircraft and applicable rules of the air and ATM/ANS procedures.
Amendment 1088 #
Proposal for a regulation
Annex IX – point 1 – point b
Annex IX – point 1 – point b
(b) An unmanned aircraft must be designed and constructed so that it is fitted for its function, and can be operated, adjusted and maintained without putting persons at risk when these operations are carried out under the conditions for which the aircraft was designed.
Amendment 1090 #
Proposal for a regulation
Annex IX – point 1 – point c
Annex IX – point 1 – point c
(c) If necessary tTo mitigate risks pertaining to safety, privacy, protection of personal data, security or the environment, arising from the operation, the unmanned aircraft must have the corresponding and specific features and functionalities which take into account the principles of privacy and protection of personal data by design and by default. According to the needs tThose features and functionalities must ensure easy identification of the aircraft and of the nature and purpose of the operation; and must ensure that functional prerequisites required for safe operations, including collision avoidance, as well as applicable limitations, prohibitions or conditions be complied with, notably with respect to the operation in particular geographical zones, beyond certain distances from the operator or at certain altitudes.