2008/0128(COD) | [ParlTrack]

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2008/0128(COD) Civil aviation: safety aspects of aerodromes, air traffic management and air navigation services

Role	Committee	Rapporteur
Opinion	EMPL
Opinion	ITRE
Lead	TRAN	MARINESCU Marian-Jean (PPE-DE)

Lead committee dossier: TRAN/6/64856
Legal Basis TFEU 100-p2

Subjects

Links

Activites

2009/11/24 Final act published in Official Journal
- Regulation 2009/1108
- OJ L 309 24.11.2009, p. 0051
2009/10/21 Final act signed
2009/10/21 End of procedure in Parliament
#2959
2009/09/07 Council Meeting
2009/09/07 Act adopted by Council after Parliament's 1st reading
#2935
2009/03/30 Council Meeting
2009/03/25 Results of vote in Parliament
- Results of vote in Parliament
- T6-0170/2009 summary
  
  The European Parliament adopted by 662 votes to 20, with 11 abstentions, a legislative resolution amending, under the first reading of the codecision procedure, the proposal for a regulation of the European Parliament and of the Council amending Regulation (EC) No 216/2008 in the field of aerodromes, air traffic management and air navigation services and repealing Council Directive 2006/23/EC.The amendments were the result of a compromise negotiated with the Council. The main amendments were as follows:Scope: Regulation (EC) 216/2008 will also apply to the design, maintenance, and operation of aerodromes, as well as personnel and organisations involved therein and, without prejudice to Community and national legislation on environment and land-use planning, the safeguarding of surroundings of aerodromes. It will not apply to aerodromes that are controlled and operated by the military. It will also not apply to ATM/ANS that are provided or made available by the military. Member States shall, as far as practicable, ensure that any military facilities open to public use referred to in the text or services provided by military personnel to the public offer a level of safety that is at least as effective as that required by the essential requirements.Some of the definitions in the Commission’s proposal amended. The compromise text states that aerodromes open to public use and which serve commercial air transport and where operations using instrument approach or departure procedures are provided, and (a) have a paved runway of 800 metres or above; or (b) exclusively serve helicopters , shall comply with the Regulation. By way of derogation Member States may decide to exempt an aerodrome which: handles no more than 10 000 passengers per year, and handles no more than 850 movements related to cargo operations per year from the provisions of this Regulation. If such exemption by a Member State does not comply with the general safety objectives of this Regulation or any other rule of Community law, the Commission shall take a decision not to permit the exemption in question. In such a case, the Member State concerned shall revoke the exemption.Certification: the text states that aerodrome infrastructure and operations should be certificated by means of a single certificate, however, Member States may certify aerodrome infrastructure and operations separately. In that case, certificates should be delivered by the same authority. Operators of multiple aerodromes, having established appropriate central functions, may request a single certificate, covering operations and management at all aerodromes under their responsibility. Qualified entities shall not issue certificates." ATM/ANS: implementing rules relating to the certification of the design, manufacture and maintenance of ATM/ANS systems and constituents as well as to organisations engaged in it should only be laid down when related to safety critical issues identified following a detailed impact assessment study.The Commission intends to begin work, in due time, on an examination of the feasibility and the necessity of introducing accredited bodies for the certification of ATM/ANS systems and an evaluation of all possible options and impacts. The Commission may, if appropriate, make a proposal for further revision of this Regulation based on a full impact assessment.Avoid duplication: the implementing rules to be developed by the Agency in the domain of ATM/ANS should be developed in the context of a comprehensive review of the safety requirements in the single European sky legislation (Regulation (EC) No 549/2004, Regulation (EC) No 550/2004, Regulation (EC) No 551/2004 and Regulation (EC) No 552/2004). In order to avoid duplication of safety requirements applicable to ATM/ANS services on the one hand, and to avoid a legal void without applicable safety requirements on the other hand, the date of entry into force of the amendments to the single European sky legislation should be in line with those of the new safety measures made under Regulation (EC) No 216/2008Without prejudice to the competences of the Member States, the Commission, if necessary, could make recommendations to the Council to establish a framework of coordination between the Community and International Civil Aviation Organization on safety audits, with the aim of avoiding duplication and in the interests of the efficient use of resources.Resources: a new recital states that the Agency should have sufficient resources for its new responsibilities, and the timing of the allocation of these resources should be based on a defined need and schedule for the adoption and the respective applicability of the related implementing rules.
2009/03/24 Debate in Parliament
- Debate in Parliament
2008/12/19 Committee report tabled for plenary, 1st reading/single reading
- A6-0515/2008
#2913
2008/12/08 Council Meeting
- 2913 summary
  
  In public deliberation, the Council arrived at a partial general approach on a proposal for a Regulation amending Regulation (EC) No 216/2008 with a view to improving the safety of aerodromes, air traffic management and air navigation services.The general approach relates to the provisions on air traffic management and air navigation services. Work on the legislative proposal, particularly the part concerning aerodromes, will continue under the Czech Presidency.The European Parliament should adopt its opinion at first reading soon.
2008/12/08 Vote in committee, 1st reading/single reading
2008/07/08 Committee referral announced in Parliament, 1st reading/single reading
2008/06/25 Legislative proposal published
- COM(2008)0390 summary
  
  PURPOSE: to revise the single European sky legislation in order to improve the safety of aerodromes, air traffic management (ATM) and air navigation services (ANS).BACKGROUD: the European Commission adopted the second package of legislation for a Single European Sky (SES II). The proposals included in the package aim to improve the performance of the European aviation system in key areas such as safety, capacity, flight and cost efficiency and environment within the overriding safety objectives (see COD/2008/0127).The SES II package is based on four pillars: updates to existing legislation from 2004; the SESAR (Single European Sky Air Traffic Management Research) Master Plan or 'technological pillar'; the 'safety pillar' and an airport capacity action plan.CONTENT: Regulation (EC) No 216/2008 extended the EASA’s tasks to air operations, pilots’ licences and, within the limits set by the Chicago Convention, the safety of third-country aircraft. They include standardisation inspections and safety oversight, with particular responsibility for ramp inspections.This proposal aims to extend the responsibilities of the EASA to ensure precise, uniform and binding rules for airport safety, air traffic management and air navigation services, as well as sound oversight of their implementation by Member States.Aerodromes: to improve safety in aerodromes and in their surrounding, the proposed Regulation would extend the common rules to aerodromes. The main points are:all aerodromes open to the public which can serve IFR traffic or aircraft above a certain weight must be subject to Community legislation;dedicated common essential requirements (ERs) covering physical characteristics, infrastructure, aerodrome equipment, operations, management and mitigation of hazards in the immediate vicinity of aerodromes must be introduced as an additional Annex to the basic Regulation;aerodrome owners, aerodrome operators, organisations or personnel providing services or equipment which can affect the safety of aerodrome operations would be responsible for implementation of these essential requirements under the supervision of Member States;aerodrome operators would adopt and implement management systems, including the safety aspects;draft implementing rules and certification specifications, safety analyses and standardisation inspections would be amongst the tasks of the Agency;the Commission would be given powers to adopt implementing rules defining the detailed requirements with which the above-mentioned organisations and persons would have to comply and the applicable certification processes;powers shall be given to the Agency to adopt certification specifications to be used in the certification process;operators of multiple aerodromes which have established appropriate central operations may request a single certificate covering operations and management at all aerodromes under their responsibility;verification of compliance of aerodrome equipment would be part of the certification of the aerodrome design or operator, depending on the intended use (but safety-critical equipment may be subject to dedicated certification schemes).ATM/ANS: the proposed Regulation should provide the legal basis for ensuring that the safety of air traffic management, of air navigation services and of air/ground interoperability is organised under the aegis of the EASA system. In order to do so, the proposal is that:all the airspace to which the Treaty applies, along with any other airspace where Regulation (EC) No 551/2004 applies, would be subject to Community legislation;dedicated common essential requirements (ERs) mitigating all safety hazards relating to use of airspace should be introduced as an additional Annex to the basic Regulation;use of any block of airspace would be governed by a operational concept designed to mitigate the risks of collision both between aircraft and between aircraft and the ground;airspace users would comply with the rules issued to implement the operational concepts applicable in the airspace in which they operate and make use of the services responsible for use of that airspace;organisations and personnel involved in provision of ATM/ANS would be responsible for implementation of the applicable essential requirements;air traffic controllers and organisations involved in their training would be subject to certification;systems and constituents used for provision of ATM/ANS would have to comply with appropriate safety requirements when called for by their criticality;the Commission would be given powers to adopt implementing rules defining the detailed requirements with which the above-mentioned organisations, personnel and systems and constituents would have to comply and the applicable certification processes, when relevant;such implementing rules would be proportionate to the level of complexity of the regulated activity or of the criticality of the system and constituent concerned. They would be based on the existing SES provisions, in particular the transposed Eurocontrol Safety Regulation Requirements (ESARRs). To this end, transitional mechanisms would be designed to provide for the continuity of approvals already granted under the SES rules.
- DG Energy and Transport, TAJANI Antonio

Documents

Legislative proposal published: COM(2008)0390
Debate in Council: 2913
Committee report tabled for plenary, 1st reading/single reading: A6-0515/2008
Debate in Parliament: Debate in Parliament
Results of vote in Parliament: Results of vote in Parliament
Decision by Parliament, 1st reading/single reading: T6-0170/2009
: Regulation 2009/1108
: OJ L 309 24.11.2009, p. 0051

Amendments	Dossier
56	2008/0128(COD) 2008/11/19 TRAN 56 amendments... Amendment 12 # Inés AYALA SENDER Proposal for a regulation – amending act Recital 2 a (new) (2a) In this respect, the Agency should play a more active part in investigating air accidents, especially when there are casualties. In such cases, the national authorities should also have the passenger lists at their disposal before the commencement of the flight so that the families of victims of air accidents can be informed, without prejudice to Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data. Amendment 13 # Brian SIMPSON Proposal for a regulation – amending act Article 1 – point 1 Regulation (EC) No 216/2008 Article 1 – paragraph 1 – point c (c) the design, maintenance~~, operation and protection of the surroundings of aerodromes, as well as personnel and organisations involved therein~~ and operation of aerodromes, including the operational performance of aerodrome equipment; Amendment 14 # Brian SIMPSON Proposal for a regulation – amending act Article 1 – point 1 Regulation (EC) No 216/2008 Article 1 – paragraph 1 – point e (e) the design, production and maintenance of systems, parts and appliances for Air Traffic Management and Air Navigation Services (hereinafter referred to as "ATM/ANS"), as well as personnel and organisations involved therein;deleted Amendment 15 # Brian SIMPSON Proposal for a regulation – amending act Article 1 – point 2 – point c Regulation (EC) No 216/2008 Article 3 – point q (q) "aerodromes open to public use" shall mean aerodromes which are included in the official Aeronautical Information Service (AIS) publication and ~~offer services to any user without discrimination~~that are open to commercial air transport; Amendment 16 # Marian-Jean MARINESCU Proposal for a regulation – amending act Article 1 – point 2 – point c Regulation (EC) No 216/2008 Article 3 – point s a (new) (sa) “National Supervisory Authority” (NSA) shall mean a body established according to the provisions of Article 4 of Regulation (EC) No 549/2004; Amendment 17 # Georg JARZEMBOWSKI Proposal for a regulation – amending act Article 1 – point 3 Regulation (EC) No 216/2008 Article 4 – paragraph 3a 3a. Aerodromes open to public use, including equipment, located in the territory subject to the provisions of the Treaty and which can serve traffic conducted in accordance with the instrument flight rules ~~or aircraft with a maximum take-off mass of 2730 kg or more~~ shall comply with this Regulation. Personnel and organisations involved in the operation of these aerodromes shall comply with this Regulation. Amendment 18 # Arūnas DEGUTIS Proposal for a regulation – amending act Article 1 – point 3 Regulation (EC) No 216/2008 Article 4 – paragraph 3a 3a. Aerodromes or parts thereof, open to public use, including equipment, located in the territory subject to the provisions of the Treaty and, which ~~can serve~~actually serve commercial traffic conducted in accordance with the instrument flight rules or aircraft with a maximum take-off mass of ~~273~~5700 kg or more shall comply with this Regulation. Personnel and organisations involved in the operation of these aerodromes shall comply with this Regulation. Amendment 19 # Ulrich STOCKMANN Proposal for a regulation – amending act Article 1 – point 3 Regulation (EC) No 216/2008 Article 4 – paragraph 3a 3a. Aerodromes open to public use, including equipment, located in the territory subject to the provisions of the Treaty and, which can serve traffic conducted in accordance with the instrument flight rules or aircraft with a maximum take-off mass of ~~273~~5700 kg or more shall comply with this Regulation. Personnel and organisations involved in the operation of these aerodromes shall comply with this Regulation. Amendment 20 # Eva LICHTENBERGER Proposal for a regulation – amending act Article 1 – point 4 a (new) Regulation (EC) No 216/2008 Article 6 – paragraph 3 a (new) (4a) In Article 6, the following paragraph 3a shall be inserted: "3a. The Commission shall propose measures for a coherent management of air traffic flows, leading to more efficient speed management of aircraft and thereby avoiding congestion at airports and reducing kerosene use and greenhouse- gas emissions." Amendment 21 # Eva LICHTENBERGER Proposal for a regulation – amending act Article 1 – point 4 a (new) Regulation (EC) No 216/2008 Article 6 – paragraph 3 b (new) (4a) In Article 6, the following paragraph 3b shall be inserted: "3b. The Commission shall propose measures for intensive cooperation with meteorological services for forecasting atmospheric zones, sensitive for building of vapour contrails by aircraft, and thereby managing to obtain reduction or avoidance of this type of pollution." Amendment 22 # Markus FERBER Proposal for a regulation – amending act Article 1 – point 7 Regulation (EC) No 216/2008 Article 8a – paragraph 2 – point a (a) A certificate shall be required in respect of each aerodrome. The certificate and certification of changes to that certificate shall be issued when the applicant has shown that the aerodrome complies with the aerodrome certification basis set out in point (b), and that the aerodrome has no feature or characteristic making it unsafe for operation. The certificate shall cover the aerodrome and its equipment. Article 8b(3) shall apply to providers of apron management services. Amendment 23 # Brian SIMPSON Proposal for a regulation – amending act Article 1 – point 7 Regulation (EC) No 216/2008 Article 8a – paragraph 2 – point a (a) A certificate shall be required in respect of each aerodrome. The certificate and certification of changes to that certificate shall be issued when the applicant has shown that the aerodrome complies with the aerodrome certification basis set out in point (b), and that the aerodrome has no feature or characteristic making it unsafe for operation. The certificate shall cover operation of the aerodrome ~~and~~including all of its equipment. Amendment 24 # Markus FERBER Proposal for a regulation – amending act Article 1 – point 7 Regulation (EC) No 216/2008 Article 8a – paragraph 2 – point b (b) The certification basis shall consist of the following: (i) the applicable certification specifications related to aerodromes, (ii) the provisions for which an equivalent level of safety has been accepted ~~and~~, (iii) the special detailed technical specifications necessary when the design features of a particular aerodrome or the experience in operation render any of the specifications referred to in point (i) inadequate or inappropriate to ensure conformity with the essential requirements laid down in Annex Va. (iiia) notified derogations from ICAO Annex 14 or airport infrastructure projects already approved on the date of entry into force of the Regulation shall remain unaffected and be recognised as open-ended. Amendment 25 # Georg JARZEMBOWSKI Proposal for a regulation – amending act Article 1 – point 7 Regulation (EC) No 216/2008 Article 8a – paragraph 2 – point b – subpoint iii a (new) (iiia) notified derogations from ICAO Annex 14 or airport infrastructure projects already approved on the date of entry into force of the Regulation, which shall remain unaffected and be recognised as open-ended. Amendment 26 # Brian SIMPSON Proposal for a regulation – amending act Article 1 – point 7 Regulation (EC) No 216/2008 Article 8a – paragraph 2 – point b – subpoint iii a (new) (iiia) provisions by which the organisation responsible for the operation shall demonstrate their capability and means to discharge the responsibilities associated with their privileges, including organisations operating more than one aerodrome Amendment 27 # Ulrich STOCKMANN Proposal for a regulation – amending act Article 1 – point 7 Regulation (EC) No 216/2008 Article 8a – paragraph 2 – point b – subpoint iii a (new) (iiia) notified derogations from ICAO Annex 14 or airport infrastructure projects already approved on the date of entry into force of the Regulation shall remain unaffected. Amendment 28 # Brian SIMPSON Proposal for a regulation – amending act Article 1 – point 7 Regulation (EC) No 216/2008 Article 8a – paragraph 2 – point c (c) The measures referred to in paragraph 3 may lay down a requirement of certification in respect of aerodrome equipment. The certificate for aerodrome equipment shall be issued when the applicant has shown that the equipment complies with the detailed specifications established to ensure compliance with the essential requirements referred to in paragraph 1.deleted Amendment 29 # Brian SIMPSON Proposal for a regulation – amending act Article 1 – point 7 Regulation (EC) No 216/2008 Article 8a – paragraph 2 – point d (d) Organisations responsible for the operation of aerodromes shall demonstrate their capability and means to discharge the responsibilities associated with their privileges. These capabilities and means shall be recognised through the issuance of a certificate. The privileges granted to the approved organisation and the scope of the approval shall be specified in the certificate.deleted Amendment 30 # Marian-Jean MARINESCU Proposal for a regulation – amending act Article 1 – point 7 Regulation (EC) No 216/2008 Article 8a – paragraph 2 – point d a (new) (da) Certificates referred to in Article 2 may be issued by the National Aviation Authorities. Amendment 31 # Brian SIMPSON Proposal for a regulation – amending act Article 1 – point 7 Regulation (EC) No 216/2008 Article 8a – paragraph 3 – subparagraph 2 – point b ~~(b) conditions for establishing and notifying to an applicant the applicable detailed specifications applicable to aerodrome equipment;~~deleted Amendment 32 # Brian SIMPSON Proposal for a regulation – amending act Article 1 – point 7 Regulation (EC) No 216/2008 Article 8a – paragraph 3 – subparagraph 2 – point c (c) conditions for issuing, maintaining, amending, suspending or revoking certificates for aerodromes ~~and certificates for aerodrome equipment~~, including operating limitations related to the specific design of the aerodrome; Amendment 33 # Marian-Jean MARINESCU Proposal for a regulation – amending act Article 1 – point 7 Regulation (EC) No 216/2008 Article 8a – paragraph 4 – point d a (new) (da) be developed on the basis of the provisions of ICAO regulations as transposed into national regulations and provide for transitional mechanisms in respect of approvals already granted under those regulations; Amendment 34 # Brian SIMPSON Proposal for a regulation – amending act Article 1 – point 7 Regulation (EC) No 216/2008 Article 8b – paragraph 4 4. The measures referred to in paragraph 6 may lay down a requirement of certification in respect of organisations engaged in the design, manufacture and maintenance of ATM/ANS systems, parts and appliances. The certificate for those organisations shall be issued when they have demonstrated their capability and means of discharging the responsibilities associated with their privileges. The privileges granted shall be specified in the certificate.deleted Amendment 35 # Brian SIMPSON Proposal for a regulation – amending act Article 1 – point 7 Regulation (EC) No 216/2008 Article 8b – paragraph 5 5. The measures referred to in paragraph 6 may lay down a requirement of certification in respect of ATM/ANS systems, parts and appliances. The certificate for those systems, parts and appliances shall be issued when the applicant has shown that the systems, parts and appliances comply with the detailed specifications established to ensure compliance with the essential requirements referred to in paragraph 1. This certificate may be issued by the accredited bodies referred to in Article 8d.deleted Amendment 36 # Marian-Jean MARINESCU Proposal for a regulation – amending act Article 1 – point 7 Regulation (EC) No 216/2008 Article 8b – paragraph 5 a (new) 5a. Certificates referred to in Articles 2, 4 and 5 may be issued by the National Supervisory Authorities. Amendment 37 # Brian SIMPSON Proposal for a regulation – amending act Article 1 – point 7 Regulation (EC) No 216/2008 Article 8b – paragraph 6 – subparagraph 2 – point b (b) conditions ~~for establishing and notifying to an applicant the detailed specifications applicable to~~to provide compliance with requirements for the safety operational performance and integrity of ATM/ANS systems, parts and appliances; Amendment 38 # Brian SIMPSON Proposal for a regulation – amending act Article 1 – point 7 Regulation (EC) No 216/2008 Article 8b – paragraph 8 8. When implementing Regulation (EC) No 549/2004, Member States and the Commission shall take into account the following: (a) The management of any specified volume of airspace shall take into account the complexity of the airspace and expected traffic characteristics, such as density and nature, as well as any other relevant operational considerations. It shall in particular (i) specify the airspace design, including its underlying functional architecture and associated processes; (ii) specify the ATM/ANS services to be provided and used, as well as their availability; (iii) minimise the risk of insufficient separation between aircraft and between them and any obstacle on ground; (iv) mitigate the risks of full or partial loss of services essential to the safe operation of ATM/ANS; (v) define the maximum airspace capacity and type of operations authorised, based on the above criteria and shall address all the necessary elements needed to safely manage air traffic; (vi) establish mechanisms to avoid that air traffic volumes exceed the maximum airspace capacity; (vii) clarify the roles and responsibilities of the different parties; and (viii) address interactions with neighbouring airspace governed by different operational concepts, as well as with aerodromes. (b) Sufficient and adequately protected electromagnetic spectrum for aeronautical communications, navigation and surveillance shall be ensured as a basis for the applicable operational concept. (c) The tactical management of air traffic flows, when provided at Community or governmental level, shall use and provide sufficiently precise and current information of the volume and nature of the planned air traffic affecting service provision and shall coordinate and negotiate rerouting or delaying traffic flows in order to prevent overloading situations occurring in the air or at the aerodromes. (d) The designation of specific volumes of airspace for a certain use, when provided at governmental level, shall be monitored, coordinated and promulgated in a timely manner in order to prevent any loss of separation between aircraft in all circumstances. (e) Appropriate coordination shall be established with the Agency to ensure that all safety aspects of points (a) to (d) are properly addressed and validated before implementation.deleted Amendment 39 # Marian-Jean MARINESCU Proposal for a regulation – amending act Article 1 – point 7 Regulation (EC) No 216/2008 Article 8c – paragraph 9 a (new) 9a. Certificates or approvals referred to in Articles 7, 8 and 9 may be issued by the National Supervisory Authorities. Amendment 40 # Marian-Jean MARINESCU Proposal for a regulation – amending act Article 1 – point 7 Regulation (EC) No 216/2008 Article 8c – paragraph 11 11. The measures referred to in paragraph 10 shall reflect the state of the art, including best practices and scientific and technical progress, in the field of air traffic controller training. They shall incorporate the existing legislation with all necessary adaptations and provide for transitional mechanisms in respect of approvals already granted under the existing legislation. Amendment 41 # Marian-Jean MARINESCU Proposal for a regulation – amending act Article 1 – point 10 – point b Regulation (EC) No 216/2008 Article 11 – paragraph 5b a (new) 5ba The measures referred to in Article 8a(3), Article 8b(6) and Article 8c(10) shall be published no later than 31 December 2011 and shall apply 12 months after their publication. Amendment 42 # Marian-Jean MARINESCU Proposal for a regulation – amending act Article 1 – point 10 a (new) Regulation (EC) No 216/2008 Article 13 – paragraph 1 a (new) (10a) In Article 13, the following subparagraph shall be added: "Qualified entities shall not issue certificates." Amendment 43 # Brian SIMPSON Proposal for a regulation – amending act Article 1 – point 13 Regulation (EC) No 216/2008 Article 22a Aerodrome Operator Certification With regard to aerodrome operators referred to in Article 4(3)(b) the Agency shall : (a) conduct, itself or through national aviation authorities or qualified entities, inspections, and audits of the organisations it certifies; (b) issue and renew certificates of organisations, located outside the territory subject to the provisions of the Treaty, responsible for the operation of an aerodrome located in the territory subject to the provisions of the Treaty; (c) amend, suspend or revoke the relevant certificate, when the conditions according to which it was issued are no longer fulfilled or if the holder of the certificate fails to fulfil the obligations imposed on it by this Regulation or by its implementing rules.Article 22a deleted Amendment 44 # Marie PANAYOTOPOULOS-CASSIOTOU Proposal for a regulation – amending act Article 1 – point 13 Regulation (EC) No 216/2008 Article 22a With regard to aerodrome operators referred to in Article 4(3)(b) the Agency shall~~: (a) conduct, itself or through national aviation authorities or qualified entities, inspections, and audits of the~~ regularly receive the report from the national aviation authorities concerning the certification of organisations ~~it c~~operati~~fies; (b) issue and renew certificates of organisations,~~ng aerodromes located in or outside the territory subject to the provisions of the Treaty, and responsible for the operation of an aerodrome located in theat territory ~~subject to the provisions of the Treaty; (c)~~, including any amendments, suspendsions or revoke the relevant certificate, when the conditions according to which it was issued are no longer fulfilled or if the holder of the certificate fails to fulfil the obligations imposed on it by this Regulation or by its implementing rulcations of certificates. Amendment 45 # Markus FERBER Proposal for a regulation – amending act Article 1 – point 13 Regulation (EC) No 216/2008 Article 22a – point c (c) amend, suspend or revoke the ~~relevant~~ certificate under point b, when the conditions according to which it was issued are no longer fulfilled or if the holder of the certificate fails to fulfil the obligations imposed on it by this Regulation or by its implementing rules. Amendment 46 # Markus FERBER Proposal for a regulation – amending act Article 1 – point 13 Regulation (EC) No 216/2008 Article 22a – paragraph 1 a (new) Without prejudice to Article 300 of the Treaty, the Commission can reach agreements on audits with the International Civil Aviation Organization (ICAO), in order to avoid duplication by the Member States in monitoring compliance with Annex 14 of the agreement signed in Chicago on international civil aviation. Amendment 47 # Jörg LEICHTFRIED Proposal for a regulation – amending act Article 1 – point 18 a (new) Regulation (EC) No 216/2008 Article 59 – paragraph 1 - point c (18a) In Article 59, paragraph 1, point (c) shall be replaced by the following: "(c) the fees paid by applicants for, and holders of, certificates and approvals issued by the Agency, with the exception of ongoing supervisory activities on the continuing airworthiness of products that are to be financed by the revenue mentioned in paragraph 1 (a) and (b)," Amendment 48 # Jörg LEICHTFRIED Proposal for a regulation – amending act Article 1 – point 18 a (new) Regulation (EC) No 216/2008 Article 59 – paragraph 1 - point c) a (new) (18 a) In Article 59, paragraph 1, the following point (ca) shall be inserted: "(ca) fees to be established by the European Commission, that may be collected from other natural and legal persons who profit from the Agency's activities or require Agency activities," Amendment 49 # Ulrich STOCKMANN Proposal for a regulation – amending act Article 1 – point 18 a (new) Regulation (EC) No 216/2008 Article 64 – paragraph 5 (18 a) In Article 64, paragraph 5 shall be replaced by the following: "5. The amount of the fees and charges shall be fixed at such a level as to ensure that the revenue in respect thereof is in principle sufficient to cover the [...] cost of the services relating to applications for authorisation. These fees and charges, including those collected in 2007, shall be assigned revenues for the Agency." Amendment 50 # Jörg LEICHTFRIED Proposal for a regulation – amending act Article 1 – point 18 a (new) Regulation (EC) No 216/2008 Article 64 a (new) (18a) The following Article 64a shall be inserted: "Article 64a The Commission is asked to investigate what impact an air ticket duty would have on the EASA budget and how practicable the levying of such a duty would be. Air ticket duties are fees paid by passengers of commercial flights departing from an airport located in the territory of a Member State." Amendment 51 # Ulrich STOCKMANN Proposal for a regulation – amending act Article 1 – point 18 a (new) Regulation (EC) No 216/2008 Article 64 a (new) (18a) The following Article 64a shall be inserted: "Article 64a Within 6 months after the entry into force of this Regulation, the Commission shall submit a proposal for a new approach to funding the Agency which responds to the specific challenges facing the Agency and the associated financial and staffing requirements." Amendment 52 # Georg JARZEMBOWSKI Proposal for a regulation – amending act Article 1 – point 19 a (new) Regulation (EC) No 216/2008 Article 65 b (new) (19a) The following Article 65b shall be inserted: "Article 65b Stakeholders' Advisory Group Without prejudice to the role of the Committee referred to in Article 65, the Commission shall establish a Stakeholders' Advisory Group on Aviation Security, composed of European representative organisations engaged in, or directly affected by, aviation security. The role of this group shall be solely to advise the Commission on the matters referred to in Articles 8a, 8b and 8c. The Committee referred to in Article 65 shall keep the Stakeholders' Advisory Group informed during the entire regulatory process." Amendment 53 # Marian-Jean MARINESCU Proposal for a regulation – amending act Article 1 – point 19 a (new) Regulation (EC) No 216/2008 Article 70 (19a) Article 70 is replaced by the following: "Article 70 Entry into force This Regulation shall enter into force on the 20th day following its publication in the Official Journal of the European Union. This Regulation shall be binding in its entirety and directly applicable in all Member States. Amendment 54 # Markus FERBER Proposal for a regulation – amending act Annex Regulation (EC) No 216/2008 Annex Va – part A − point a – subpoints iii, iv and vi (iii) The landing and take-off area must, where applicable, be designed to drain water and to prevent standing water becoming an unacceptable ~~risk~~danger to aircraft operations. (iv) The slope and slope changes of the landing and take-off area must not create an unacceptable ~~risk~~danger to aircraft operations. (vi) The landing and take-off area must be free from objects which might create an unacceptable ~~risk~~danger to aircraft operations. Amendment 55 # Markus FERBER Proposal for a regulation – amending act Annex Regulation (EC) No 216/2008 Annex Va – part A – point b (b) Where there are several landing and take-off areas, they must be such that they do not create an unacceptable ~~risk~~danger to aircraft operations. Amendment 56 # Markus FERBER Proposal for a regulation – amending act Annex Regulation (EC) 216/2008 Annex Va – part A – point c – subpoints (ii) and (iii) (ii) The slope and slope changes of these areas must not create an unacceptable ~~risk~~danger to aircraft operations. (iii) These areas must be free from objects which might create an unacceptable ~~risk~~danger to aircraft operations. This should not preclude frangible equipment to be located in those areas, if required to assist aircraft operations. Amendment 57 # Markus FERBER Proposal for a regulation – amending act Annex Regulation (EC) No 216/2008 Annex Va – part A – point d – subpoints ii, iii and v (ii) These areas must be designed to drain water and to prevent standing water becoming an unacceptable ~~risk~~danger to aircraft operations. (iii) The slope and slope changes of these areas must not create an unacceptable ~~risk~~danger to aircraft operations. (v) These areas must be free from objects which might create an unacceptable ~~risk~~danger to aircraft. This should not preclude parking equipment required for that area in specifically identified positions or zones. Amendment 58 # Markus FERBER Proposal for a regulation – amending act Annex Regulation (EC) No 216/2008 Annex Va – part A – point e and f (e) Other infrastructure intended for use by aircraft must be so designed that use of that infrastructure must not create an unacceptable ~~risk~~danger to aircraft using it. (f) Constructions, buildings, equipment or storage areas must be located and designed so as not to create an unacceptable ~~risk~~danger for aircraft operations. Amendment 59 # Markus FERBER Proposal for a regulation – amending act Annex Regulation (EC) No 216/2008 Annex Va – part B – section 1 – point g (g) The aerodrome operator must demonstrate, either itself or through contracts with third parties, that procedures exist and are applied to provide aircraft with fuel which is uncontaminated and of the correct specification. Amendment 60 # Markus FERBER Proposal for a regulation – amending act Annex Regulation (EC) No 216/2008 Annex Va – part B – section 1 – point j (j) The aerodrome operator must demonstrate that aerodrome rescue and fire-fighting services are provided for the critical aircraft planning to use the aerodrome in regular operation as origin or destination ~~are provided~~. Such services must respond to an incident or accident with due urgency and shall include at least equipment, extinguishing agents and a sufficient number of personnel. Amendment 61 # Ulrich STOCKMANN Proposal for a regulation – amending act Annex Regulation (EC) No 216/2008 Annex Va – part B – section 1 – point j (j) The aerodrome operator must demonstrate that aerodrome rescue and fire-fighting services are provided for the critical aircraft planning to use the aerodrome in regular operation as origin or destination ~~are provided~~. Such services must respond to an incident or accident with due urgency and shall include at least equipment, extinguishing agents and a sufficient number of personnel. Amendment 62 # Markus FERBER Proposal for a regulation – amending act Annex Regulation (EC) No 216/2008 Annex Va – part B – section 1 – point k (k) The aerodrome operator must use only trained and qualified personnel for aerodrome operations and maintenance and must implement and maintain training and check programmes to ensure the continuing competence of all relevant personnel. The aerodrome operator may prove this by means of a declaration of conformity. Amendment 63 # Markus FERBER Proposal for a regulation – amending act Annex Regulation (EC) No 216/2008 Annex Va – part B – section 1 – point l (l) The aerodrome operator must demonstrate that any person permitted unescorted access to the movement area or other operational areas is adequately trained and qualified for such access. The aerodrome operator may prove this by means of a declaration of conformity. Amendment 64 # Markus FERBER Proposal for a regulation – amending act Annex Regulation (EC) No 216/2008 Annex Va – part C – section 1 – introductory part (1) The airspace around aerodrome movement areas must be safeguarded from obstacles so as to permit the intended aircraft operations at the aerodromes without creating an unacceptable risk caused by the development of obstacles around the aerodrome. Obstacle monitoring surfaces must therefore be developed, implemented and continuously monitored by the competent national authority to identify any infringing penetration. Amendment 65 # Markus FERBER Proposal for a regulation – amending act Annex Regulation (EC) No 216/2008 Annex Va – part C – section 2 − introductory part (2) Hazards related to human activities and land use, such as, but not limited to, items on the following list, must be monitored and controlled by the competent national authority. The risk caused by them shall be assessed and mitigated as appropriate: Amendment 66 # Ulrich STOCKMANN Proposal for a regulation – amending act Annex Regulation (EC) No 216/2008 Annex Va – part C – section 1 (1) The airspace around aerodrome movement areas must be safeguarded from obstacles so as to permit the intended aircraft operations at the aerodromes without creating an unacceptable risk caused by the development of obstacles around the aerodrome. Obstacle monitoring surfaces must therefore be developed, implemented and continuously monitored by the competent national authority to identify any infringing penetration. Amendment 67 # Ulrich STOCKMANN Proposal for a regulation – amending act Annex Regulation (EC) No 216/2008 Annex Va – part C – section 2 (2) Hazards related to human activities and land use, such as, but not limited to, items on the following list, must be monitored and controlled by the competent national authority. The risk caused by them shall be assessed and mitigated as appropriate: source: PE-414.943

Amendments

Dossier

2008/0128(COD)

2008/11/19 TRAN 56 amendments...

Amendment 12 #

Inés AYALA SENDER

Proposal for a regulation – amending act
Recital 2 a (new)

(2a) In this respect, the Agency should play a more active part in investigating air accidents, especially when there are casualties. In such cases, the national authorities should also have the passenger lists at their disposal before the commencement of the flight so that the families of victims of air accidents can be informed, without prejudice to Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data.

Amendment 13 #

Brian SIMPSON

Proposal for a regulation – amending act
Article 1 – point 1

Regulation (EC) No 216/2008
Article 1 – paragraph 1 – point c

(c) the design, maintenance~~, operation and protection of the surroundings of aerodromes, as well as personnel and organisations involved therein~~ and operation of aerodromes, including the operational performance of aerodrome equipment;

Amendment 14 #

Brian SIMPSON

Proposal for a regulation – amending act
Article 1 – point 1

Regulation (EC) No 216/2008
Article 1 – paragraph 1 – point e

(e) the design, production and maintenance of systems, parts and appliances for Air Traffic Management and Air Navigation Services (hereinafter referred to as "ATM/ANS"), as well as personnel and organisations involved therein;deleted

Amendment 15 #

Brian SIMPSON

Proposal for a regulation – amending act
Article 1 – point 2 – point c

Regulation (EC) No 216/2008
Article 3 – point q

(q) "aerodromes open to public use" shall mean aerodromes which are included in the official Aeronautical Information Service (AIS) publication and ~~offer services to any user without discrimination~~that are open to commercial air transport;

Amendment 16 #

Marian-Jean MARINESCU

Proposal for a regulation – amending act
Article 1 – point 2 – point c

Regulation (EC) No 216/2008
Article 3 – point s a (new)

(sa) “National Supervisory Authority” (NSA) shall mean a body established according to the provisions of Article 4 of Regulation (EC) No 549/2004;

Amendment 17 #

Georg JARZEMBOWSKI

Proposal for a regulation – amending act
Article 1 – point 3

Regulation (EC) No 216/2008
Article 4 – paragraph 3a

3a. Aerodromes open to public use, including equipment, located in the territory subject to the provisions of the Treaty and which can serve traffic conducted in accordance with the instrument flight rules ~~or aircraft with a maximum take-off mass of 2730 kg or more~~ shall comply with this Regulation. Personnel and organisations involved in the operation of these aerodromes shall comply with this Regulation.

Amendment 18 #

Arūnas DEGUTIS

Proposal for a regulation – amending act
Article 1 – point 3

Regulation (EC) No 216/2008
Article 4 – paragraph 3a

3a. Aerodromes or parts thereof, open to public use, including equipment, located in the territory subject to the provisions of the Treaty and, which ~~can serve~~actually serve commercial traffic conducted in accordance with the instrument flight rules or aircraft with a maximum take-off mass of ~~273~~5700 kg or more shall comply with this Regulation. Personnel and organisations involved in the operation of these aerodromes shall comply with this Regulation.

Amendment 19 #

Ulrich STOCKMANN

Proposal for a regulation – amending act
Article 1 – point 3

Regulation (EC) No 216/2008
Article 4 – paragraph 3a

3a. Aerodromes open to public use, including equipment, located in the territory subject to the provisions of the Treaty and, which can serve traffic conducted in accordance with the instrument flight rules or aircraft with a maximum take-off mass of ~~273~~5700 kg or more shall comply with this Regulation. Personnel and organisations involved in the operation of these aerodromes shall comply with this Regulation.

Amendment 20 #

Eva LICHTENBERGER

Proposal for a regulation – amending act
Article 1 – point 4 a (new)

Regulation (EC) No 216/2008
Article 6 – paragraph 3 a (new)

(4a) In Article 6, the following paragraph 3a shall be inserted: "3a. The Commission shall propose measures for a coherent management of air traffic flows, leading to more efficient speed management of aircraft and thereby avoiding congestion at airports and reducing kerosene use and greenhouse- gas emissions."

Amendment 21 #

Eva LICHTENBERGER

Proposal for a regulation – amending act
Article 1 – point 4 a (new)

Regulation (EC) No 216/2008
Article 6 – paragraph 3 b (new)

(4a) In Article 6, the following paragraph 3b shall be inserted: "3b. The Commission shall propose measures for intensive cooperation with meteorological services for forecasting atmospheric zones, sensitive for building of vapour contrails by aircraft, and thereby managing to obtain reduction or avoidance of this type of pollution."

Amendment 22 #

Markus FERBER