Progress: Procedure completed
Role | Committee | Rapporteur | Shadows |
---|---|---|---|
Lead | TRAN | MARINESCU Marian-Jean ( PPE) | PREUSS Gabriele ( S&D), FOSTER Jacqueline ( ECR), VAN MILTENBURG Matthijs ( ALDE), DELLI Karima ( Verts/ALE), AIUTO Daniela ( EFDD), MAYER Georg ( ENF) |
Committee Opinion | ENVI | ||
Committee Opinion | BUDG | GEIER Jens ( S&D) | |
Committee Opinion | ITRE | ||
Committee Opinion | LIBE |
Lead committee dossier:
Legal Basis:
TFEU 100-p2
Legal Basis:
TFEU 100-p2Subjects
Events
PURPOSE: establish a high and uniform level of civil aviation safety while ensuring a high and uniform level of environmental protection.
LEGISLATIVE ACT : Regulation (EU) 2018/1139 of the European Parliament and of the Council on common rules in the field of civil aviation and establishing a European Union Aviation Safety Agency, and amending Regulations (EC) No 2111/2005, (EC) No 1008/2008, (EU) No 996/2010, (EU) No 376/2014 and Directives 2014/30/EU and 2014/53/EU of the European Parliament and of the Council, and repealing Regulations (EC) No 552/2004 and (EC) No 216/2008 of the European Parliament and of the Council and Council Regulation (EEC) No 3922/91
CONTENT: this Regulation updates aviation safety rules , which include a revised mandate for the European Aviation Safety Agency (EASA). The reform introduces proportionate and risk-based rules designed to enable the EU aviation sector to grow, make it more competitive and encourage innovation.
The purpose of the new rules is to create the right conditions so that the EU has the capacity to handle the air traffic increase expected over the next 20 years and to ensure that the EU aviation sector is prepared for global competition.
Scope: the Regulation covers all key areas of aviation including airworthiness, aircrew, aerodromes, air operations and the provision of air navigation services. It also includes the rules for unmanned aircraft (civil drones) and provides for new tool to facilitate the implementation of simpler provisions for sport and recreational aviation. It also sets out a division of tasks between the EU and national authorities.
Modernisation of aviation safety rules: the amendments update EU safety legislation in the aviation sector. Essential requirements are established for aircraft with respect to their airworthiness and environmental compatibility. Manufacturers will be required to issue certificates of airworthiness , in accordance with the technical requirements.
Cabin crew involved in commercial air transport will be subject to certification and, as a result of that certification, will be issued with an attestation. The Commission will establish detailed rules and procedures for the qualification of cabin crew members.
Where the implementing acts so provide, aircraft shall be equipped with the necessary safety-related equipment and instruments , including the following: (i) flight recorders; (ii) means to track the position of the aircraft; (iii) means of recovering flight recorder data in a timely manner if an aircraft is in distress.
The regulation also lays down new rules for the safe provision of ground handling services and closes a number of other safety gaps.
Civil drones : the rules on drones provide the basic principles to ensure safety, security, privacy the protection of personal data and environmental protection.
The Regulation specifies the registration threshold that applies to drone operators: operators must be registered if they operate drones which can transfer more than 80 Joules of kinetic energy upon impact with a person. This threshold can be amended in the future without lengthy procedures by means of delegated act to take account of developments in this area.
Depending on the nature and risk of the activity concerned, the operational characteristics of the unmanned aircraft concerned and the characteristics of area of operation, a certificate may be required for the design, production, maintenance and operation of unmanned aircraft as well as for the personnel, including remote pilots. Drones presenting the lowest risk will simply need to conform to the normal EU market surveillance mechanisms.
The Commission will determine other detailed rules for drones with the assistance of EASA, on the basis of the principles set out in the Regulation.
European Aviation Safety Agency (EASA): the Regulation extends the EASA's mandate to safety-related aspects of security, such as cyber security , and to the protection of the environment. It establishes a framework for the pooling and sharing of aviation inspectors and other specialists to support Member States in certification and oversight tasks. The Regulation also creates a new support mechanism for Member States that will include technical assistance for certification, oversight and enforcement tasks.
The repository of information established by the Agency to ensure effective cooperation between the Agency and the national competent authorities shall contain information on, inter alia, the reallocation by one Member States to another or to the Agency the responsibilities related to certification, oversight and enforcement, as well as measures of the Agency concerning flights above conflict zones.
The decisions of the Agency may be subject to appeal to a Board of Appeal, the decisions of which may be subject to action before the Court of Justice of the European Union.
ENTRY INTO FORCE : 11.9.2018.
The European Parliament adopted by 538 votes to 71 with 48 abstentions a legislative resolution on the proposal for a regulation of the European Parliament and of the Council on common rules in the field of civil aviation and establishing a European Union Aviation Safety Agency, and repealing Regulation (EC) No 216/2008 of the European Parliament and of the Council.
Parliament’s position adopted at first reading under the ordinary legislative procedure amended the Commission's proposal as follows:
Objectives: the regulation seeks to establish and maintain a high and uniform level of civil aviation safety in the Union and should:
contribute to a high, uniform level of environmental protection ; facilitate the movement of goods, services and personnel worldwide, by establishing appropriate cooperation with third countries and their aviation authorities, and by promoting the mutual acceptance of certificates and other relevant documents; support passenger confidence in a safe civil aviation; promote research and innovation, inter alia, in regulatory, certification and oversight processes.
The Regulation on EU civil aviation safety covers all key areas of aviation including airworthiness, aircrew, aerodromes, air operations and the provision of air navigation services. It would also include the rules for unmanned aircraft (civil drones).
The measures introduced under the Regulation are proportionate to the nature of each activity to which they relate and the risks associated with that activity .
Member States will be allowed to exempt from the Regulation the design, production, maintenance and operation activities that are performed in respect of certain small aircraft, other than unmanned aircraft, unless, in respect of those aircraft, a certificate has been issued.
Rules relating to drones : in view of the risks that unmanned aircraft can present for safety, privacy, protection of personal data, security or the environment, the Regulation should lay down essential requirements concerning the registration and operators of unmanned aircraft.
Depending on the nature of the activity concerned and the risks involved, the operational characteristics of the drones concerned and the characteristics of the area of operation, a certificate may be required for the design, production, maintenance and operation of drones and their remote control equipment, as well as for personnel, including remote pilots, and organisations involved in these activities.
The amended text aims to establish digital, harmonised and interoperable national registration systems in which information about unmanned aircraft and operators of unmanned aircraft registered in accordance with the Regulation should be stored. This would not apply to operators of smaller drones.
On the basis of these key principles, the European Commission would be responsible for developing more detailed rules at EU level (implementing acts and delegated acts), for example on the conditions under which unmanned aircraft are required to be equipped with necessary features and functionalities related, in particular, to maximum operating distance and altitude limitations, position communication, geographical zones entry restriction, collision avoidance, flight stabilisation and automated landing.
The essential requirements should also cover matters relating to electromagnetic compatibility and the radio spectrum, in order to ensure that they do not cause harmful interference.
Modernisation of air safety rules : the amendments update EU safety legislation in the aviation sector.
The amended text extends the European Aviation Safety Agency (EASA) mandate to safety-related aspects of security, such as cyber security, and to the protection of the environment. It establishes a framework for the pooling and sharing of aviation inspectors and other specialists to support member states in certification and oversight tasks. The draft regulation will also create a new support mechanism for Member States that will include technical assistance for certification, oversight and enforcement tasks.
The repository of information established by the Agency to ensure effective cooperation with national authorities should contain information on, inter alia, the re-allocation by Member States to the Agency or another Member State of certification and oversight tasks as well as Agency measures concerning flights over conflict areas.
The amended text states that cabin crew involved in commercial air transport should be subject to certification and, as a result of that certification, should be issued with an attestation. Implementing powers will be conferred on the Commission to establish detailed rules and procedures for the qualification of cabin crewmembers.
Where the implementing acts so provide, aircraft shall be equipped with the necessary safety-related equipment and instruments , certified where required, including some or all of the following: (i) flight recorders; (ii) means to track the position of the aircraft; (iii) means to recover flight recorder data in a timely manner in case of aircraft in distress.
The Committee on Transport and Tourism adopted the report by Marian-Jean Marinescu (EPP, RO) on the proposal for a regulation of the European Parliament and of the Council on common rules in the field of civil aviation and establishing a European Union Aviation Safety Agency, and repealing Regulation (EC) No 216/2008 of the European Parliament and of the Council.
The committee recommended that the European Parliament, following the ordinary legislative procedure in first reading, should adopt certain amendments to the Commission’s proposal. The main amendments may be grouped as follows:
Name of the Agency : this is changed to the European Union Aviation Agency in the report.
Common rules and objectives : the principal objective of the Regulation is to establish, maintain and enforce a high, uniform level of civil aviation safety in the Union.
The committee considers that the Commission should facilitate the adoption of common airworthiness standards and guidance material to meet certain of the Agency’s objectives, including:
contributing to a high, uniform level of environmental protection; facilitating, in the fields covered by the Regulation, the movement of aviation goods, services and personnel worldwide by establishing appropriate cooperation with third countries and their aviation authorities; promoting research and innovation, inter alia in regulatory, certification and oversight processes; promoting, in the fields covered by this Regulation, administrative, technical and operational interoperability.
Scope: the Regulation will also apply to:
a third country natural or legal person, intended to be registered or operated, and respectively used, in the territory to which the Treaties apply; the design, maintenance and operation of aerodromes including their safety-related equipment located in the territory to which the Treaties apply.
The report reinforced the powers of the Agency and added that the Agency, rather than the Commission, will decide on whether the design of an aircraft will fall within the scope of certain provisions in the Regulation. This applies also to a decision to exempt certain aerodromes from the scope of the Regulation.
Safety Programmes : each Member State shall, in cooperation with relevant industry stakeholders, establish and maintain a State safety programme for the management of civil aviation safety in relation to the aviation activities under its responsibility. That programme shall be commensurate with the size and the complexity of those activities and shall be consistent with the European Aviation Safety Programme.
Interdependencies between civil aviation safety and security : Members amended the report to ensure that risks to aviation safety would be identified early . In order to contribute to protecting civil aviation against acts of unlawful interference, the Agency shall, where necessary, react without undue delay to an urgent problem which is of common concern to Member States where interdependencies exist between civil aviation safety and security and where that urgent problem falls within the scope of this Regulation. To that end, the Agency may:
address vulnerabilities in aircraft design; determine corrective action to be taken by the national competent authorities or legal and natural persons, by issuing binding directives or recommendations , when the problem affects aircraft operation, including the risks to civil aviation arising from conflict zones.
These measures must be based, where possible, on common Union risk assessments and take into account the need for a rapid reaction in emergency cases.
Socio-economic factors : a new clause states that interdependencies between civil aviation safety and related socio-economic factors shall be taken into account, inter alia in regulatory procedures, as well as with a view of identifying measures to prevent socio-economic risks to aviation safety where they exist.
The Agency shall consult and involve relevant stakeholders when addressing such interdependencies, and, every three years, publish a review, which shall give an objective account of the actions and measures undertaken, in particular those addressing the interdependencies between civil aviation safety and socio-economic factors.
Transfer of responsibility : where a Member States decides to transfer to the Agency the responsibility for certification, oversight and enforcement, it shall establish jointly with the Agency or with the other Member State, as applicable, a transition plan , including an impact assessment that ensures an orderly transfer of the responsibilities covered by the request, including the related records and documentation.
Certification, oversight and enforcement : Members considered that the national competent authorities should be accredited by the Agency. That accreditation shall only be issued, if the Agency has determined that the entity complies with the rules established by Commission delegated acts for the purpose of ensuring compliance with the requirements on certification, oversight and enforcement. Accordingly, the Commission must lay down the conditions and procedures for the accreditation by the Agency.
Unmanned aircraft (drones ): the Commission will be empowered to adopt delegated acts with regard to:
the conditions and procedures for the mandatory registration, marking and identification of unmanned aircraft with a maximum take-off mass above 250 grams and of operators; the conditions and procedures under which a remote pilot of an unmanned aircraft shall demonstrate the required competence through a license or a declaration as applicable and a medical certificate; condition under which unmanned aircraft shall be required to be equipped with safety and security enhancing equipment related, in particular, to distance and altitude limitation, position communication, critical zones restriction, collision avoidance, stabilisation and automated landing; the conditions under and the procedures by which a European Register of Unmanned Aircraft or a compatible harmonised national registration system are to be established that assigns a unique owner number and unmanned aircraft marking for an unmanned aircraft flown in any Member State, and that imposes a financial and administrative burden that is low.
Air operators certification : the Agency shall, where applicable and as specified in the Chicago Convention, carry out on behalf of Member States the functions and tasks of the State of Operator with regard to air operators referred to in the Regulation and engaged in commercial air transport operations: (a) between aerodromes located in the territories of different Member States; (b) involving an aerodrome located outside the territory of a Member State. To that end, the Agency shall be responsible for the tasks related to certification, oversight and enforcement with respect to those operators.
Aerodromes : provisions relating to aerodromes should distinguish between the different types of aerodrome equipment. The report included some sub-divisions such as safety-related equipment and safety-critical aerodrome equipment.
Cybersecurity: the Agency, Member States and the Commission shall cooperate on security matters related to civil aviation, including cyber security, where interdependencies between civil aviation safety and security exist.
Environmental protection, emissions and noise : Members specified that the measures taken by the Agency as regards civil aviation aircraft emissions and noise, for the purpose of the certification of the design of products and in the framework of international standards and recommended practices, shall aim to prevent effects which have been shown to be significantly harmful to the climate, environment and human health caused by the civil aviation activities concerned giving due consideration to environmental benefits, technological feasibility and economic capacity.
Governance: the Management Board shall take decisions by majority of its members with voting rights.
When necessary, because of urgency, the Executive Board may take certain provisional decisions on behalf of the Management Board. The decisions shall be taken by a majority of five of the seven members of the Executive Board. The Management Board may revoke those decisions by an absolute majority of the votes cast.
The committee added that there would be mid-term assessments of the Executive Director. Those assessments shall be transmitted to the competent committee of the European Parliament and after the mid-term assessment, the Executive Director shall make a statement before the competent committee of the European Parliament and shall answer questions put to him or her by its members.
International cooperation : the report stated that the Agency, in close cooperation with the Commission, should make a major contribution to exporting the Union's aviation standards and to promoting the movement of the Union's aeronautical products, professionals and services throughout the world, in order to facilitate access to new growing markets. It should in particular do so through partnerships with the competent aviation authorities of third countries and by opening local offices in the territory of third countries .
Acceptance of third-country certification : in order to achieve and maintain the confidence in regulatory systems of third countries, the Agency shall be authorised to conduct the necessary technical assessments and evaluations of the laws of third countries and of foreign aviation authorities. For the purpose of conducting such assessments and evaluations the Agency may conclude working arrangements
The Commission is empowered to adopt delegated acts in order to lay down detailed rules with regard to acceptance of certificates and other documentation attesting compliance with civil aviation rules issued in accordance with the laws of a third country.
Recommendations and guidance : three years after the entry into force of the Regulation, the Agency shall:
make recommendations to the Commission on airworthiness and pilot licensing with respect to light sport aircraft having a maximum take-off mass of not more than 600 kg for aircraft not intended to be operated on water or 650 kg for aircraft intended to be operated on water; issue guidance material for voluntary use by Member States to support the development of proportionate national rules concerning the design, production, maintenance and operation of aircraft listed in Annex I (categories of manned aircraft to which the Regulation does not apply).
PURPOSE: to revise the rules on aviation safety in the EU in order to maintain a high uniform level of civil aviation safety in the Union, while ensuring a high uniform level of environmental protection.
PROPOSED ACT: Regulation of the European Parliament and of the Council.
ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure and on an equal footing with the Council.
BACKGROUND : building on over twelve years of experience in the implementation of Regulation (EC) No 216/2008, this initiative is part of the Commission’s 2015 ‘Aviation Strategy to Enhance the Competitiveness of the EU Aviation Sector'. Its objective is to prepare the EU aviation safety regulatory framework for the challenges of the next ten to fifteen years and thus to continue to ensure safe, secure and environmentally friendly air transport for passengers and the general public.
Safety and consideration for environmental protection are pre-requisites for a competitive aviation sector. With the aviation traffic in Europe predicted to reach 14.4 million flights in 2035 (50% more than in 2012), the Commission's objective is to make sure that the system continues to maintain the current low number of accidents, allowing the EU aviation sector to safely grow in the future and thus to contribute to its competitive edge.
To this end, the proposal aims to:
introduce a risk and performance based approach to safety regulation; close existing safety gaps , and better take into account interdependencies between aviation safety and other technical domains of regulation such as aviation security or environmental protection; contribute to a competitive European aviation industry and aeronautical manufacturing which generates high value-jobs and drives technological innovation; create a Union framework for safe integration of unmanned aircraft (drones) into the European airspace; introduce a scalable framework that recognises the differences existing between the various sectors of civil aviation and the risks involved therein. This approach is expected to benefit the whole aviation sector in the Union and will be particularly suited to the needs of small and medium sized enterprises (SMEs); propose better arrangements for coordination and development of aviation research and training so that Member States and the European Union Aviation Safety Agency (EASA) might develop new skills and competences, as well as be continuously abreast with the latest technologies developed by industry; assist some national authorities maintaining and financing the resources necessary for accomplishing the required certification and oversight work .
IMPACT ASSESSMENT: the proposal is accompanied by two impact assessment reports .
CONTENT: the proposal to revise the rules on aviation safety in the EU (Regulation 216/2008) aims to establish and maintain a high uniform level of civil aviation safety in the Union, while ensuring a high uniform level of environmental protection. The main points are as follows:
Scope: the present initiative proposes adding a limited number of specific areas to the overall Union aviation safety framework, namely unmanned aircraft, safety of ground handling services and security aspects of aircraft and aviation systems’ design, including cybersecurity .
Excluded from the scope of the legislation are aircraft that are of simple design or operate mainly on a local basis and those which are home-built or particularly rare or only exist in a small number. Certain aerodromes are exempt from the scope, such as those that are not open to public use and aerodromes mainly used for recreational flying or serving commercial air transport or those that do not fulfil certain minimum technical criteria related to the volume or scope of activities.
Aviation Safety Management : a new chapter dealing with safety management is introduced, which requires the adoption of the European aviation safety programme and the European plan for aviation safety , and transposes ICAO Annex 19 standards and recommended practices related to state safety programmes.
With regard to the European plan for aviation safety, the proposal introduces the concept of acceptable level of safety performance at Union level . The introduction of this concept does not result, however, in establishing any binding safety targets for the Union or its Member States.
Substantive requirements : it is proposed that the provisions of the Regulation (EC) No 216/2008 dealing with airworthiness be revised, taking into account existing experience and reflecting the new concept of non-installed equipment (equipment carried on board of an aircraft but not installed in the aircraft and which may have an impact on safety).
The scope of the provisions dealing with airworthiness certification is also extended to environmental compatibility of aeronautical products , but the Union would now be given the flexibility to adapt the ICAO standards to its specific needs, as is already the case for safety.
For low risk operations , the possibility of assessing the airworthiness and environmental compatibility of the design of products and parts without the need to issue a certificate is being proposed. This option could be implemented especially for certain aircraft used in the general aviation sector.
The certification requirement is now limited to commercial air transport operations. Other types of operations to be subject to a certification or declaration requirement are to be defined in the delegated acts based on a risk assessment.
Aircrew: the scope of the articles is extended to include cabin crew and the relevant provisions on cabin crew from are moved to this section. The text concerning the leisure pilot licence has been simplified and the text concerning the general medical practitioner has been moved to Chapter IV, which deals with certification activities
Operators : the certification requirement is now limited to commercial air transport operations . Other types of operations to be subject to a certification or declaration requirement are to be defined in the delegated acts based on a risk assessment.
Aerodromes: ground handling services have been added to the scope of this section. It is also proposed that providers of apron management services be allowed to declare their compliance with the applicable requirements instead of being certified.
Unmanned aircraft : Annex IX sets out the essential requirements regarding the design, production, maintenance and operation of unmanned aircraft which must be observed in order to ensure safety. It also sets out the means of demonstrating that the requirements have been complied with.
For mass produced unmanned aircraft which pose a low risk, it is proposed to use existing market surveillance mechanisms, as governed by Regulation 765/2008 and Decision 768/2008, which are specifically devised for the production and marketing of such type of products. While the Agency would not be responsible for the oversight of the market surveillance mechanisms, the Commission is always entitled to verify whether Member States fulfill their responsibilities.
Joint Oversight and Enforcement System : the new proposal contains, inter alia:
a clear legal basis to empower the Commission to adopt, by means of delegated acts, requirements with respect to management systems of authorities, qualification of inspectors , conditions for conducting the inspections and other oversight activities, ramp inspections, and grounding of aircraft in case of non-compliance; a set of new provisions concerning cooperation between the competent authorities of Member States, the Commission and the European Union Aviation Safety Agency as regards certification, oversight and enforcement. A mechanism for pooling and sharing of aviation inspectors and other experts is introduced, along with a dedicated financing mechanism to assist Member States in cooperative oversight;
a new provision for mitigating possible systemic safety oversight deficiencies identified at Member State. This emergency oversight mechanism is to be used as a measure of last resort of temporary nature; the possibility of accepting foreign certificates and similar documentation on the basis of conditions specified in delegated acts; clarification of the provisions on accreditation of qualified entities . It is proposed that qualified entities may be granted a privilege to issue, revoke, and suspend certificates on behalf of the Agency or national competent authority. The principle of recognition of accreditations of qualified entities is introduced; a legal basis for a new repository of information relevant for certification, oversight and enforcement activities, to be managed by the Agency. It is proposed that this repository is also used by the Member States for the purpose of exchanging information concerning medical fitness of pilots.
The European Union Aviation Safety Agency : the proposal creates three new functions for the Agency (assistance to national competent authorities, support to the Commission in the implementation of aviation performance schemes, and cooperation with other Union bodies, such as the European Chemicals Agency or the European Defence Agency on technical matters related to civil aviation).
The proposal:
limits the responsibility of the Agency to approve organisations not established in the Union to organisations located outside the territory for which a Member State is responsible under the Chicago Convention; clarifies that fines are in principle to be imposed only if other enforcement measures would be inadequate or disproportionate; clarifies that the investigative powers of the Agency must be exercised in compliance with the applicable provisions of national law of the Member State where the investigation takes place; mandates the Agency to assist the Commission in identifying key research themes related to the areas covered by the Regulation; introduces an article focusing on interdependencies which may exist between aviation security measures (e.g. cockpit door locking systems) and aviation safety; sets out the role of the Agency in crisis management, provision of aviation training and the implementation of the Single European Sky; creates an Executive Board assisting the Management Board of the Agency.
BUDGETARY IMPLICATIONS: the proposal has budgetary implications with regard to the budget of the European Union Aviation Safety Agency set out under article 06 02 02 of the Union budget. Total expenditure is estimated at: EUR 37.369 million in year N (beginning of the implementation of the proposal); EUR 37.839 million in year N+1; EUR 37.887 million EUR in year N+2; EUR 38.598 million in year N+3.
The proposal introduces a number of new tasks for the Agency with consequences for its need for posts financed from the Union contribution. The human resources required will partially be met by present staff through their redeployment, thus reducing the need of the Agency for additional staff financed from budget related to the Union contribution to 5 posts and 4 contract agents.
DELEGATED ACTS: the proposal contains provisions empowering the Commission to adopt delegated acts in accordance with Article 290 of the Treaty on the Functioning of the European Union.
Documents
- Follow-up document: COM(2022)0486
- Follow-up document: EUR-Lex
- Final act published in Official Journal: Regulation 2018/1139
- Final act published in Official Journal: OJ L 212 22.08.2018, p. 0001
- Commission response to text adopted in plenary: SP(2018)458
- Draft final act: 00002/2018/LEX
- Results of vote in Parliament: Results of vote in Parliament
- Decision by Parliament, 1st reading: T8-0245/2018
- Debate in Parliament: Debate in Parliament
- Approval in committee of the text agreed at 1st reading interinstitutional negotiations: PE623.864
- Coreper letter confirming interinstitutional agreement: GEDA/A/(2018)000481
- Text agreed during interinstitutional negotiations: PE623.864
- Debate in Council: 3545
- Committee report tabled for plenary, 1st reading: A8-0364/2016
- Debate in Council: 3505
- Committee of the Regions: opinion: CDR0007/2016
- Amendments tabled in committee: PE584.197
- Amendments tabled in committee: PE584.220
- Amendments tabled in committee: PE584.221
- Debate in Council: 3472
- Committee draft report: PE576.812
- Contribution: COM(2015)0613
- Contribution: COM(2015)0613
- Document attached to the procedure: EUR-Lex
- Document attached to the procedure: SWD(2015)0262
- Document attached to the procedure: EUR-Lex
- Document attached to the procedure: SWD(2015)0263
- Legislative proposal published: COM(2015)0613
- Legislative proposal published: EUR-Lex
- Document attached to the procedure: EUR-Lex SWD(2015)0262
- Document attached to the procedure: EUR-Lex SWD(2015)0263
- Committee draft report: PE576.812
- Amendments tabled in committee: PE584.197
- Amendments tabled in committee: PE584.220
- Amendments tabled in committee: PE584.221
- Committee of the Regions: opinion: CDR0007/2016
- Coreper letter confirming interinstitutional agreement: GEDA/A/(2018)000481
- Text agreed during interinstitutional negotiations: PE623.864
- Draft final act: 00002/2018/LEX
- Commission response to text adopted in plenary: SP(2018)458
- Follow-up document: COM(2022)0486 EUR-Lex
- Contribution: COM(2015)0613
- Contribution: COM(2015)0613
Activities
- Daniela AIUTO
Plenary Speeches (1)
- Wim van de CAMP
Plenary Speeches (1)
- Isabella DE MONTE
Plenary Speeches (1)
- Mark DEMESMAEKER
Plenary Speeches (1)
- Jaromír KOHLÍČEK
Plenary Speeches (1)
- Notis MARIAS
Plenary Speeches (1)
- Alex MAYER
Plenary Speeches (1)
- Gesine MEISSNER
Plenary Speeches (1)
- Matthijs van MILTENBURG
Plenary Speeches (1)
- Ioan Mircea PAŞCU
Plenary Speeches (1)
- Alojz PETERLE
Plenary Speeches (1)
- Gabriele PREUSS
Plenary Speeches (1)
- Claudia SCHMIDT
Plenary Speeches (1)
- Janusz ZEMKE
Plenary Speeches (1)
Votes
A8-0364/2016 - Marian-Jean Marinescu - Am 382 12/06/2018 12:56:50.000 #
Amendments | Dossier |
925 |
2015/0277(COD)
2016/05/27
BUDG
64 amendments...
Amendment 11 #
Proposal for a regulation Recital 1 (1) A high and uniform level of civil aviation safety and environmental protection should be ensured at all times through the adoption of common safety rules and by measures ensuring that any goods, persons and organisations involved in civil aviation activity in the Union comply with such rules and with those adopted to protect the environment and that personal privacy is respected at all times.
Amendment 12 #
Proposal for a regulation Recital 6 (6) Member States should be allowed to exempt from the provisions of this Regulation aerodromes with low volumes of traffic,
Amendment 13 #
Proposal for a regulation Recital 7 (7) Member States may consider it preferable, notably with a view to achieving safety, interoperability or efficiency gains, to apply the provisions of this Regulation, instead of their national law, to state aircraft and air traffic management ('ATM') and air navigation services ('ANS') provided by the military. They should be allowed to do so.
Amendment 14 #
Proposal for a regulation Recital 10 a (new) (10a) Flights with transponders that are not switched on seriously endanger civil aviation, and it is therefore necessary to devise measures to detect such flights as early as possible, in order to avoid dangerous situations, and to find an international way of putting an end to such flights with transponders that are not switched on.
Amendment 15 #
Proposal for a regulation Recital 14 Amendment 16 #
Proposal for a regulation Recital 14 a (new) (14a) Pilots, cabin crew, operators and all other persons who are permitted to be present unsupervised in the movement area of an aerodrome or in another operating area must undergo background security vetting in order to guarantee maximum trustworthiness of people involved with aviation and thus security of aviation.
Amendment 17 #
Proposal for a regulation Recital 15 (15) In view of the increasing reliance of civil aviation on modern information and communication technologies essential requirements should be laid down to ensure the security and confidentiality of information used by the civil aviation sector.
Amendment 18 #
Proposal for a regulation Recital 21 (21) In order to achieve the objectives of this Regulation,
Amendment 19 #
Proposal for a regulation Recital 23 Amendment 20 #
Proposal for a regulation Recital 27 (27) A degree of flexibility should be provided for with respect to the application of the rules set out in this Regulation or adopted on the basis thereof, in order to allow Member States to take the necessary measures to react immediately to problems relating to civil aviation safety or to grant exemptions in the event of certain urgent unforeseeable circumstances or urgent operational needs, subject to appropriate conditions to ensure, in particular, proportionality, objective control and transparency. For reasons of proportionality, the Agency
Amendment 21 #
Proposal for a regulation Recital 29 (29) In order to facilitate the exchange between the Member States
Amendment 22 #
Proposal for a regulation Recital 53 a (new) (53a) In order to guarantee the highest level of safety and security standards for the general public, activities of the Agency which are of public interest, such as rule making in the area of safety and security, must be secured funding by a contribution of the EU budget, as financing through industry fees could potentially endanger the Agency’s independence.
Amendment 23 #
Proposal for a regulation Recital 55 (55) It is necessary to establish appropriate measures to ensure the necessary protection of sensitive safety- related information. A detailed plan should be submitted by the Agency's Executive Board.
Amendment 24 #
Proposal for a regulation Recital 56 (56) The fees and charges levied by the Agency should be set in a transparent, fair,
Amendment 25 #
Proposal for a regulation Recital 56 (56) The fees and charges levied by the Agency should be set in a transparent, fair, non-discriminatory and uniform manner. They should not jeopardize the competitiveness of the Union’s industry concerned and the independence and impartiality of the Agency. Furthermore, they should be established on a basis which takes due account of the ability of the legal or natural persons concerned to pay, in particular regarding small and medium- sized enterprises.
Amendment 26 #
Proposal for a regulation Recital 57 Amendment 27 #
Proposal for a regulation Recital 58 Amendment 28 #
Proposal for a regulation Article 1 – paragraph 2 – point b (b) facilitating, in the fields covered by this Regulation, the free movement of goods, persons, services and capital, within reasonable limits, without undermining the security of the Member States, providing a level playing field for all actors in the internal aviation market, and improving the competitiveness of the Union's aviation industry;
Amendment 29 #
Proposal for a regulation Article 1 – paragraph 3 – point d (d) the establishment of an independent European Union Member State Aviation Safety Agency (the 'Agency');
Amendment 30 #
Proposal for a regulation Article 1 – paragraph 3 – point f (f) the gathering, analysis and exchange of information to inform evidence-based decision making, with due care being taken at all times to respect the privacy of the citizens of the Member States;
Amendment 31 #
Proposal for a regulation Article 1 – paragraph 3 – point g Amendment 32 #
Proposal for a regulation Article 2 – paragraph 6 – subparagraph 6 Member States may decide to revoke their decisions adopted pursuant to this paragraph. In that case the Member State concerned shall notify the
Amendment 33 #
Proposal for a regulation Article 2 – paragraph 7 – subparagraph 1 Member States may decide to exempt from the provisions of this Regulation the design, maintenance and operation of an aerodrome, and the equipment used at that aerodrome, where that aerodrome handles no more than
Amendment 34 #
Proposal for a regulation Article 2 – paragraph 7 – subparagraph 5 Member States shall, on an annual basis, examine the traffic figures of the aerodromes that they have exempted pursuant to this paragraph. Where that examination demonstrates that, over three consecutive years, one of those aerodromes handles more than
Amendment 35 #
Proposal for a regulation Article 4 – paragraph 1 – point f (f) promote cooperation and efficient use of resources between authorities at
Amendment 36 #
Proposal for a regulation Article 5 – paragraph 1 1. The Commission shall, after consulting the Agency and the Member States, adopt, publish and update as required a document describing the functioning of the European aviation safety system, containing the rules, activities and processes which are used to manage the safety of civil aviation in the Union in accordance with this Regulation (the 'European Aviation Safety Programme').
Amendment 37 #
Proposal for a regulation Article 18 – paragraph 1 – introductory part 1. For the aircraft referred to in Article 2(1)(a) and (b) and their engines, propellers, parts and non-installed equipment, the Commission shall be empowered, under the supervision of the Member States, to adopt delegated acts in accordance with Article 117 to lay down detailed rules with regard to:
Amendment 38 #
Proposal for a regulation Article 20 – paragraph 2 2. A pilot licence 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, language proficiency and experience and when the pilot has undergone thorough background security vetting.
Amendment 39 #
Proposal for a regulation Article 21 – paragraph 3 Those attestations 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 and when the cabin crew have undergone thorough background security vetting.
Amendment 40 #
Proposal for a regulation Article 27 – paragraph 1 – subparagraph 2 That certificate shall be issued upon application, when the applicant has demonstrated that it complies with the rules established by the delegated acts adopted pursuant to Article 28 to ensure compliance with the essential requirements referred to in Article 26 and when the operator has undergone thorough background security vetting. The certificate shall specify the privileges granted to the operator and the scope of the operations.
Amendment 41 #
Proposal for a regulation Article 36 – paragraph 2 – subparagraph 2 In that case, the Member State concerned shall inform
Amendment 42 #
Proposal for a regulation Article 51 – paragraph 8 8. Any legal or natural person subject to this Regulation may bring to the attention of the Agency any alleged differences in the application of the rules between the Member States. Where such differences seriously hamper the operation of those persons, or otherwise lead to substantial difficulties, the Agency and the national competent authorities of the Member States concerned shall cooperate to eliminate those differences without undue delay. Where those differences cannot be eliminated, the Agency shall, after seeking the opinion of the national authorities, present the matter to the Commission.
Amendment 43 #
Proposal for a regulation Article 52 – paragraph 1 1. The Agency shall establish,
Amendment 44 #
Proposal for a regulation Article 53 – paragraph 1 – subparagraph 1 Member States may not transfer to the Agency the responsibility for the certification, oversight and enforcement with respect to any or all organisations, operators, personnel, aircraft, flight simulation training devices or aerodromes for which the Member State concerned is responsible under this Regulation.
Amendment 45 #
Proposal for a regulation Article 53 – paragraph 1 – subparagraph 2 Amendment 46 #
Proposal for a regulation Article 53 – paragraph 2 – subparagraph 1 Member States may
Amendment 47 #
Proposal for a regulation Article 53 – paragraph 2 – subparagraph 2 Amendment 48 #
Proposal for a regulation Article 53 – paragraph 2 – subparagraph 3 Amendment 49 #
Proposal for a regulation Article 53 – paragraph 3 Amendment 50 #
Proposal for a regulation Article 53 – paragraph 4 – subparagraph 1 Amendment 51 #
Proposal for a regulation Article 53 – paragraph 4 – subparagraph 2 Amendment 52 #
Proposal for a regulation Article 53 – paragraph 5 – subparagraph 1 Amendment 53 #
Proposal for a regulation Article 53 – paragraph 5 – subparagraph 2 Amendment 54 #
Proposal for a regulation Article 53 – paragraph 6 Amendment 55 #
Proposal for a regulation Article 55 – paragraph 4 – subparagraph 1 When the Commission considers, taking into account that recommendation, that the condition of paragraph 1(c) is no longer met, the Commission shall, after consulting the Member States, decide that the temporary transfer of responsibilities to the Agency shall be terminated.
Amendment 56 #
Proposal for a regulation Article 58 – paragraph 1 – subparagraph 2 A qualified entity shall be accredited either
Amendment 57 #
Proposal for a regulation Article 58 – paragraph 2 2. The Agency
Amendment 58 #
Proposal for a regulation Article 58 – paragraph 3 3. The Agency
Amendment 59 #
Proposal for a regulation Article 62 – paragraph 3 3. Member States
Amendment 60 #
Proposal for a regulation Article 63 – paragraph 8 – introductory part 8. The Commission shall, under the supervision of the Member States, adopt the necessary rules for the functioning and management of the repository. Those rules shall be contained in implementing acts which shall be adopted in accordance with the examination procedure referred to in Article 116(3) and lay down detailed requirements with regard to:
Amendment 61 #
Proposal for a regulation Article 73 – paragraph 6 6.
Amendment 62 #
Proposal for a regulation Article 75 – paragraph 4 4. In order to inform interested parties and the general public, the Agency shall, every
Amendment 63 #
Proposal for a regulation Article 77 – paragraph 4 – introductory part 4. The Agency shall, in cooperation with the Member States
Amendment 64 #
Proposal for a regulation Article 81 – paragraph 2 2. In each of the Member States, the Agency shall enjoy the
Amendment 65 #
Proposal for a regulation Article 81 – paragraph 3 Amendment 66 #
Proposal for a regulation Article 85 – paragraph 2 – point k (k) decide on the linguistic arrangements for the Agency, with due regard for the languages of the Member States;
Amendment 67 #
Proposal for a regulation Article 88 – paragraph 2 2. The Management Board shall hold at least
Amendment 68 #
Proposal for a regulation Article 109 – paragraph 1 – point e (e) any voluntary financial contribution from Member States, third countries or other entities
Amendment 69 #
Proposal for a regulation Article 109 – paragraph 1 a (new) 1a. Any revenue received by the Agency shall not compromise its independence and impartiality.
Amendment 70 #
Proposal for a regulation Article 109 – paragraph 4 4. Regulatory budgets, the fees set and collected for certification activities and charges levied by the Agency shall be dealt with
Amendment 71 #
Proposal for a regulation Article 109 – paragraph 5 5. The Agency shall adapt its staff planning and management of resources related to fees and charges in a manner that enables it to swiftly respond to fluctuations in
Amendment 72 #
Proposal for a regulation Article 110 – paragraph 1 1. The Executive Director shall implement the budget of the Agency, under the supervision of the national authorities.
Amendment 73 #
Proposal for a regulation Article 115 – paragraph 5 5. The amount of the fees and charges shall be fixed at such a level as to ensure that the revenue in respect thereof covers the full cost of the activities related to the services delivered, and to avoid a significant accumulation of surplus, taking account of the ability of the legal or natural persons concerned, and in particular small and medium-sized enterprises, to pay. All expenditure of the Agency attributed to staff involved in activities referred to in paragraph 3, in particular the employer’s pro-rata contribution to the pension
Amendment 74 #
Proposal for a regulation Annex VII – point 2 – point 2.1 – paragraph 2 – point l (
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2016/06/15
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861 amendments...
Amendment 1001 #
Proposal for a regulation Article 123 – paragraph 1 – point 1 (b) it holds a valid AOC issued by a national authority of a Member State or by the European Union Aviation
Amendment 1002 #
Proposal for a regulation Article 123 – paragraph 1 – point 4 Regulation (EC) No 1008/2008 Article 13 Amendment 1003 #
Proposal for a regulation Article 123 – paragraph 1 – point 4 Regulation (EC) 1008/2008 Article 13 Amendment 1004 #
Proposal for a regulation Article 123 – paragraph 1 – point 4 – point a Article 123 – paragraph 1 Point 4 – point a Amendment 1005 #
Proposal for a regulation Article 123 – paragraph 1 – point 4 – point a Regulation 1008/2008 Article 13 – paragraph 2 Amendment 1006 #
Proposal for a regulation Article 123 – paragraph 1 – point 4 – point a - - Amendment 1007 #
Proposal for a regulation Article 123 – paragraph 1 – point 4 – point a 2. A dry lease agreement
Amendment 1008 #
Proposal for a regulation Article 125 – paragraph 1 Regulation 376/2014 Article 3 – paragraph 2 However, this Regulation shall not apply to occurrences and other safety-related information involving unmanned aircraft
Amendment 1009 #
Proposal for a regulation Article 125 – paragraph 1 376/2014 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 or could have resulted in a fatal or serious injury to a person or it involved aircraft other than unmanned aircraft.
Amendment 1010 #
Proposal for a regulation Article 125 – paragraph 1 Regulation (EU) No 376/2014 Paragraph 2 of Article 3 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 or could have resulted in a fatal or serious injury to a person or it involved aircraft other than unmanned aircraft.
Amendment 1011 #
Proposal for a regulation Article 126 – paragraph 2 a (new) 2a. The Agency shall, at the latest three years after the entry into force of this Regulation issue, in accordance with Article 65(1), proposals for delegated acts on airworthiness and pilot licensing with respect to light sport aircraft falling within the scope of this Regulation, but having a maximum take-off mass of not more than 600 kg for aircraft not intended to be operated on water or 650 kg for aircraft intended to be operated on water. These proposals shall be proportionate, taking into account the objectives and principles set out in Articles 1 and 4, the nature and risk of the activity concerned, and provide for interoperability with comparable standards existing in important third-country markets.
Amendment 1012 #
Proposal for a regulation Article 126 – paragraph 2 b (new) 2b. The Agency shall, at the latest five years after entry into force of this Regulation issue guidance material for voluntary use by Member States to support the development of proportionate national rules concerning the design, production, maintenance and operation of aircraft listed in Annex I.
Amendment 1013 #
Proposal for a regulation Annex I – paragraph 2 – introductory part Categories of manned aircraft to which the Regulation does not apply:
Amendment 1014 #
Proposal for a regulation Annex I – paragraph 2 – point b (b) aircraft specifically designed or modified for research, experimental, technology development or scientific purposes, and likely to be
Amendment 1015 #
Proposal for a regulation Annex I – paragraph 2 – point c (c) manned aircraft
Amendment 1016 #
Proposal for a regulation Annex I – paragraph 2 – point c (c)
Amendment 1017 #
Proposal for a regulation Annex I – paragraph 2 – point e – introductory part (e) a
Amendment 1018 #
Proposal for a regulation Annex I – paragraph 2 – point e – introductory part (
Amendment 1019 #
Proposal for a regulation Annex I – paragraph 2 – point e – introductory part (e) a
Amendment 1020 #
Proposal for a regulation Annex I – paragraph 2 – point e – point i Amendment 1021 #
Proposal for a regulation Annex I – paragraph 2 – point e – point i Amendment 1022 #
Proposal for a regulation Annex I – paragraph 2 – point e – point ii Amendment 1023 #
Proposal for a regulation Annex I – paragraph 2 – point e – point ii Amendment 1024 #
Proposal for a regulation Annex I – paragraph 2 – point e – point iii Amendment 1025 #
Proposal for a regulation Annex I – paragraph 2 – point e – point iii Amendment 1026 #
Proposal for a regulation Annex I – paragraph 2 – point e – point iv Amendment 1027 #
Proposal for a regulation Annex I – paragraph 2 – point e – point iv Amendment 1028 #
Proposal for a regulation Annex I – paragraph 2 – point e – point v Amendment 1029 #
Proposal for a regulation Annex I – paragraph 2 – point e – point v Amendment 1030 #
Proposal for a regulation Annex I – paragraph 2 – point e – point vi Amendment 1031 #
Proposal for a regulation Annex I – paragraph 2 – point e – point vi Amendment 1032 #
Proposal for a regulation Annex I – paragraph 2 – point e – point vi vi) 540 kg for a land plane/helicopter, two-seater equipped with an airframe mounted total recovery parachute system and equipped with electric propulsion system;
Amendment 1033 #
Proposal for a regulation Annex I – paragraph 2 – point e – point vii Amendment 1034 #
Proposal for a regulation Annex I – paragraph 2 – point e – point vii Amendment 1035 #
Proposal for a regulation Annex I – paragraph 2 – point e – point viii Amendment 1036 #
Proposal for a regulation Annex I – paragraph 2 – point e – point viii Amendment 1037 #
Proposal for a regulation Annex I – paragraph 2 – point f Amendment 1038 #
Proposal for a regulation Annex I – paragraph 2 – point f Amendment 1039 #
Proposal for a regulation Annex I – paragraph 2 – point g Amendment 1040 #
Proposal for a regulation Annex I – paragraph 2 – point g Amendment 1041 #
Proposal for a regulation Annex I – paragraph 2 – point j (j) any other
Amendment 1042 #
Proposal for a regulation Annex I – paragraph 2 – point j – indent 1 (new) - (k) Model flying with aircraft with an operating mass of no more than 25 kg
Amendment 1043 #
Proposal for a regulation Annex II – point 1 – paragraph 2 – introductory part Product integrity, including protection against information security threats, must be assured for all anticipated flight conditions for the operational life of the aircraft. Compliance with all requirements must be shown by assessment or analysis, supported, where necessary, by tests.
Amendment 1044 #
Proposal for a regulation Annex II – point 1 – paragraph 2 – point 1.3 – point 1.3.5 a (new) 1.3.5a. The aircraft shall be equipped with systems for continuous flight tracking and recording of flight data. All flight data, including cockpit voice recordings shall be downloaded to a ground database in real time.
Amendment 1045 #
Proposal for a regulation Annex II – point 1 – paragraph 2 – point 1.4 – point 1.4.3 1.4.3. Non-installed equipment must
Amendment 1046 #
Proposal for a regulation Annex II – point 2 – point 2.1 – introductory part 2.1. The following must be shown to have been addressed to ensure a
Amendment 1047 #
Proposal for a regulation Annex III – point 1 1. Products must be designed to be as quiet as possible, taking into account technical feasibility, economic equitableness and point 4.
Amendment 1048 #
Proposal for a regulation Annex III – point 2 2. Products must be designed to minimize emissions to the extent possible taking into account technical feasibility, economic equitableness and point 4.
Amendment 1049 #
Proposal for a regulation Annex III – point 3 3. Products must be designed to minimise the emissions arising from the evaporation or discharge of fluids, taking into account technical feasibility, economic equitableness and point 4.
Amendment 1050 #
Proposal for a regulation Annex IV – point 3 – point 3.1 – point 3.1.1 – paragraph 1 All pilots must
Amendment 1051 #
Proposal for a regulation Annex IV – point 3 – point 3.1 – point 3.1.1 – paragraph 1 All pilots must
Amendment 1052 #
Proposal for a regulation Annex IV – point 3 – point 3.1 – point 3.1.1 – paragraph 1 All pilots must periodically demonstrate
Amendment 1053 #
Proposal for a regulation Annex IV – point 3 – point 3.1 – point 3.1.2 Amendment 1054 #
Proposal for a regulation Annex V – point 1 – point 1.1 1.1. A flight must not be performed if the crew members and, as appropriate, all other operations personnel involved in its
Amendment 1055 #
Proposal for a regulation Annex V – point 1 – point 1.1 a (new) 1.1a. A flight must not be performed if the crew members are not directly employed by the operator carrying out the flight, except where the ratio of the crew not directly employed represents no more than 10% of the operator's total number of crew members and where those crew cover specific short-term operational or seasonal needs.
Amendment 1056 #
Proposal for a regulation Annex V – point 4 – point 4.2 4.2. Notwithstanding 4.1., for operations with helicopters a momentary flight through the limiting height velocity
Amendment 1057 #
Proposal for a regulation Annex V – point 7 – point 7.2 7.2. The pilot in command must have the authority to give all commands and take any appropriate actions for the purpose of securing the operation and the safety of the aircraft and of persons and/or property carried therein. The pilot must not in any way be limited in exercising this authority. In particular the type of employment status of the pilot may not have an negative effect on his authority. In this respect the use of atypical employment should be restricted and direct employment should be the standard model of employment for air crew members.
Amendment 1058 #
Proposal for a regulation Annex V – point 7 – point 7.2 7.2. The pilot in command must have the authority to give all commands and take any appropriate actions for the purpose of securing the operation and the safety of the aircraft and of persons and/or property carried therein. The pilots must be able to exercise this authority without interference of economic or commercial considerations that could influence the operational safety decisions.
Amendment 1059 #
Proposal for a regulation Annex V – point 8 – point 8.1 – point b (b) the operator must use only suitably qualified and trained personnel and implement and maintain training and checking programmes for the crew members and other relevant personnel; the operator must provide crew members with the training and checking necessary to ensure the currency of their licenses and to obtain and maintain the license ratings and the experience needed to operate the aircraft in which they perform their duties. Without prejudice to proportionate systems to ensure the operator a return on training investments, crewmembers must not operate an aircraft in commercial service while having to pay directly to the operator or indirectly to third parties for training that is necessary for the maintenance of their license and of the ratings required for the operation of the operator's aircraft.
Amendment 1060 #
Proposal for a regulation Annex VI – point 2 2. The entity and the staff responsible for the certification and oversight tasks must carry out their duties with the greatest possible professional integrity and the greatest possible technical competence and must be free of any pressure and incentive,
Amendment 1061 #
Proposal for a regulation Annex VII – point 1 – point 1.4 – point 1.4.2 1.4.2. The data shall be accurate, readable, complete and unambiguous. Appropriate integrity levels and authenticity shall be maintained.
Amendment 1062 #
Proposal for a regulation Annex VII – point 2 – point 2.1 – paragraph 2 – point k (k) the aerodrome operator shall use only trained and qualified personnel for aerodrome operations and maintenance and shall ensure, directly or through a
Amendment 1063 #
Proposal for a regulation Annex VII – point 2 – point 2.1 – paragraph 2 – point m (m) the rescue and firefighting personnel, as well as apron management services personnel, shall be properly trained and qualified to operate in the aerodrome environment. The aerodrome operator shall, directly or through arrangements with third parties, implement and maintain training and checking programmes to ensure the continuing competence of this personnel
Amendment 1064 #
Proposal for a regulation Annex VII – point 2 – point 2.1 – paragraph 2 – point n – introductory part (n) all rescue and firefighting personnel potentially required to act in aviation emergencies, as well as personnel involved in the provision of apron management services, shall periodically demonstrate their medical fitness to execute their functions satisfactorily, taking into account the type of activity and its potential impact on safety and safety-related security impact. In this context, medical fitness, comprising both physical and mental fitness, means not suffering from any disease or disability which could make this personnel unable: – to execute the tasks necessary to operate in aviation emergencies; – to perform their assigned duties at any time; or – to perceive their environment correctly. In the case of personnel involved in the provision of apron management services, where medical fitness cannot be fully demonstrated, mitigation measures that provide equivalent safety may be implemented.
Amendment 1066 #
Proposal for a regulation Annex VII – point 4 – point 4.1 – paragraph 2 – point g – point 1 (new) 1) the provider shall use only adequately trained and qualified personnel and shall ensure the implementation and maintenance of training and checking programmes to ensure the continuing competence of all relevant personnel. The training shall include theoretical and practical training and be assessed by instructors and assessors having adequate relevant experience, qualifications and competence to perform such duties.
Amendment 1067 #
Proposal for a regulation Annex VII – point 4 – point 4.1 – paragraph 2 – point g – point 2 (new) 2) the provider shall ensure that its personnel periodically demonstrate their medical fitness, comprising both physical and mental fitness, to execute their functions satisfactorily, taking into account the type of activity and in particular its potential safety and safety- related security impact.
Amendment 1068 #
Proposal for a regulation 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 1069 #
Proposal for a regulation Annex VII – point 4 – point 4.2 – point 4.2.3 a (new) 4.2.3a. 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 1070 #
Proposal for a regulation Annex VII – point 5 – paragraph 2 Amendment 1071 #
Proposal for a regulation Annex VII – point 5 – paragraph 2 Amendment 1072 #
Proposal for a regulation Annex VIII – point 1 – point 1.2 a (new) 1.2a. A minimum level of service shall be defined to ensure the continuity of ATM/ANS provision, in the event of unforeseen circumstances or service disruption, by establishing advance arrangements between Member States and between air navigation service providers. Such minimum service levels shall safeguard services at least to any emergency and security services, public health related missions, diplomatic flights as well as to flights, which are not destined to, nor originate from an airport in that Member State. Consideration shall also be given to ensuring that the disruption does not cause congestion or safety risks in neighbouring States airspace and that all airspace users are treated in a fair manner, when providing access to airspace and services.
Amendment 1073 #
Proposal for a regulation Annex VIII – point 2 – point 2.1 – point 2.1.2 2.1.2. Aeronautical information shall be accurate, complete, current, unambiguous and be of adequate authenticity, integrity and in a suitable format for users.
Amendment 1074 #
Proposal for a regulation Annex VIII – point 2 – point 2.2 – point 2.2.2 2.2.2. To the extent possible, aeronautical meteorological information shall be precise, complete, current, be of adequate authenticity, integrity and unambiguous in order to meet the needs of airspace users.
Amendment 1075 #
Proposal for a regulation Annex VIII – point 2 – point 2.5 – paragraph 2 Navigation services shall achieve and maintain a sufficient level of performance with regard to guidance, positioning and, when provided, timing information. The performance criteria include accuracy, integrity, authenticity, availability and continuity of the service.
Amendment 1076 #
Proposal for a regulation Annex VIII – point 2 – point 2.6 – paragraph 2 Surveillance services shall determine the respective position of aircraft in the air and of other aircraft and ground vehicles on the
Amendment 1077 #
Proposal for a regulation Annex VIII – point 2 – point 2.7 – paragraph 2 The tactical management of air traffic flows at Union level shall use and provide sufficiently precise, authentic and current information of the volume and nature of the planned air traffic affecting service provision and shall coordinate and negotiate re-routing or delaying traffic flows in order to reduce the risk of overloading situations occurring in the air or at the aerodromes. Flow management shall be performed with a view to optimising available capacity in the use of airspace and enhancing air traffic flow management processes. It shall be based on safety, transparency and efficiency, ensuring that capacity is provided in a flexible and timely manner, consistent with the European Air Navigation Plan.
Amendment 1078 #
Proposal for a regulation Annex VIII – point 2 – point 2.7 – paragraph 3 – point d Amendment 1079 #
Proposal for a regulation Annex VIII – point 3 – point 3.1 – paragraph 2 ATM/ANS systems and constituents providing related information to and from the aircraft and on the ground shall be properly designed, manufactured, installed, maintained, protected against unauthorised electronic interference and operated to ensure that they are fit for their intended purpose.
Amendment 1080 #
Proposal for a regulation Annex VIII – point 6 – point 6.2 a (new) Amendment 1081 #
Proposal for a regulation Annex VIII – point 6 – point 6.2 a (new) 6.2a. Personnel involved in safety related duties for the provision of air traffic management/air navigation services 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. (To be a new point 7.)
Amendment 1082 #
Proposal for a regulation Annex IX – point 1 – introductory part 1. Essential requirements for the design, production, maintenance, license and operation of unmanned aircraft
Amendment 1083 #
Proposal for a regulation 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 having a license based on relevant knowledge of safe and environmentally friendly use of unmanned aircraft in the airspace, being familiar with 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 1084 #
Proposal for a regulation Annex IX – point 1 – point a (a)
Amendment 1085 #
Proposal for a regulation 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
Amendment 1086 #
Proposal for a regulation Annex IX – point 1 – point a (a) A
Amendment 1087 #
Proposal for a regulation Annex IX – point 1 – point b (b) An unmanned aircraft must be designed and constructed so that it is fitted for its function, can be seen, can sense and avoid other aircraft, risk zones such as chemical as well as nuclear power plants, industrial sites and aerodromes 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 1088 #
Proposal for a regulation 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
Amendment 1089 #
Proposal for a regulation Annex IX – point 1 – point c (c) If necessary to 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 those features and functionalities must ensure easy identification of the aircraft and of the nature and purpose of the operation; and must ensure that requirements for safe operations, including detect and avoid systems, 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.
Amendment 1090 #
Proposal for a regulation Annex IX – point 1 – point c (c)
Amendment 1091 #
Proposal for a regulation Annex IX – point 1 – point c (c) If
Amendment 1092 #
Proposal for a regulation Annex IX – point 1 – point c a (new) (ca) The registration system mentioned at Article 47 (1) (fa) shall be subject of data protection and privacy, strictly respecting Directive 95/46/EC on data protection, the right to the protection of private life enshrined in Article 7 of the Charter of Fundamental Rights of the EU (CFR), the right to the protection of personal data enshrined in Article 8 of the Charter of Fundamental Rights of the EU and Article 16 of the Treaty on the Functioning of the European Union (TFEU). The registration system will ensure that privacy and data protection guarantees are embedded in line with the principles of necessity and proportionality.
Amendment 1093 #
Proposal for a regulation Annex IX – point 2 – paragraph 2 – introductory part The following requirements must be met to ensure a
Amendment 1094 #
Proposal for a regulation Annex IX – point 2 – paragraph 2 – point 2.1 – point a a (new) (aa) All unmanned aircraft and its owner/user must be registered and thus be traceable.
Amendment 1095 #
Proposal for a regulation Annex IX – point 2 – paragraph 2 – point 2.1 – point b a (new) (ba) Unmanned aircraft that have a weight of at least 250 gram and can fly with a speed of more than 50 km/h and above 150 meters altitude must be certified, ensuring that it corresponds to the requirements of being visual, can signal, communicate, avoid critical zones, other aircraft and persons, return to its base and other specificities that depend on the type of the mission.
Amendment 1096 #
Proposal for a regulation Annex IX – point 2 – paragraph 2 – point 2.1 – point b b (new) (bb) Unmanned aircraft that can fly over 150 meters must correspond with same requirements than other aircraft; it must inter alia have a certified flight plan, a permanent communication system between its operator and air traffic controllers and correspond to the emergency rules.
Amendment 1097 #
Proposal for a regulation Annex IX – point 2 – paragraph 2 – point 2.1 – point b c (new) (bc) All unmanned aircraft products must be accompanied by leaflets to ensure a culture of safety and environmentally friendliness for the user and all kinds of publicity, including by internet, must show the main items of such leaflets;
Amendment 1098 #
Proposal for a regulation Annex IX – point 2 – paragraph 2 – point 2.3 – paragraph 2 A person operating an unmanned aircraft shall possess the required knowledge and skills necessary to ensure the safety of the operation and proportionate to the risk associated with the type of operation. For operations of a commercial nature and operations for which a certificate or declaration is required, this person shall be issued an unmanned aircraft pilot license, upon application, when the applicant has demonstrated to comply with the rules established by delegated acts adopted pursuant to Article 47(1)(d). This person shall also demonstrate medical fitness, if this is necessary to mitigate the risks involved in the operation concerned.
Amendment 1099 #
Proposal for a regulation Annex IX – point 2 – paragraph 2 – point 2.3 – paragraph 2 A person operating an unmanned aircraft shall possess the required knowledge and skills necessary to ensure the safety of the operation and proportionate to the risk associated with the type of operation. This person shall have a license, also demonstrate medical physical and psychological fitness, if this is necessary to mitigate the risks involved in the operation concerned. Sanctions must apply to those who do not respect rules granted through the license, particularly when not respecting restrictions or bans to fly over critical and dangerous zones, such as chemical and nuclear plants.
Amendment 1100 #
Proposal for a regulation Annex IX – point 2 – paragraph 2 – point 2.3 – paragraph 2 A person operating an unmanned aircraft shall possess the required knowledge and skills necessary to ensure the safety of the operation and proportionate to the risk associated with the type of operation. This person shall also demonstrate medical fitness, if this is necessary to mitigate the risks involved in the operation concerned. This paragraph shall not apply to drones used for private purposes, in particular toy drones.
Amendment 1101 #
Proposal for a regulation Annex IX – point 2 – paragraph 2 – point 2.3 – paragraph 2 A
Amendment 1102 #
Proposal for a regulation Annex IX – point 2 – paragraph 2 – point 2.4 – paragraph 3 – point b a (new) (ba) Unmanned aircraft and operations with unmanned aircraft must ensure compliance with relevant rights guaranteed under Union law, in particular the right to respect for private and family life, as set out in Article 7 of the Charter of Fundamental Rights of the European Union, and with the right to protection of personal data, as set out in Article 8 of that Charter and in Article 16 of the Treaty on the Functioning of the European Union ('TFUE') and as regulated in 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 data11.
Amendment 1103 #
Proposal for a regulation Annex IX – point 2 – paragraph 2 – point 2.4 – paragraph 3 – point c a (new) (ca) Operators shall hold own a registration for each unmanned aircraft. This registration shall be carried by the operator and shown on request
Amendment 243 #
Draft legislative resolution Heading 1 on the proposal for a regulation of the European Parliament and of the Council on common rules in the field of civil aviation and establishing a European Union Aviation
Amendment 244 #
Draft legislative resolution Citation 7 a (new) - having regard to the European Parliament resolution of 29 October 2015 on safe use of remotely piloted aircraft systems (RPAS), commonly known as unmanned aerial vehicles (UAVs), in the field of civil aviation,
Amendment 245 #
Proposal for a regulation Title 1 Proposal for a REGULATION OF THE EUROPEAN
Amendment 246 #
Proposal for a regulation Recital 1 (1) A high and uniform level of civil aviation safety and environmental protection should be ensured at all times through the adoption of common safety rules and by measures ensuring that any goods, persons and organisations involved in civil aviation activity in the Union comply with such rules and with those adopted to protect the environment and the climate, within the framework of the Paris Agreement aiming to reduce GHG emissions and thereby the impact of climate change by limiting the temperature increase on 1.5 degree Celsius.
Amendment 247 #
Proposal for a regulation Recital 1 (1) A high and uniform level of civil aviation safety and
Amendment 248 #
Proposal for a regulation Recital 1 (1) A high and uniform level of civil aviation safety
Amendment 249 #
Proposal for a regulation Recital 1 (1) A high and uniform level of civil aviation safety and environmental protection should be ensured at all times through the adoption of common safety
Amendment 250 #
Proposal for a regulation Recital 1 a (new) (1a) In addition, a high and uniform level of environmental protection should be ensured at all times by measures ensuring that any goods, persons and organisations involved in civil aviation activity in the Union comply with those rules adopted to protect the environment;
Amendment 251 #
Proposal for a regulation Recital 1 a (new) (1a) The Agency should promote through higher cross-border performance of ATM/ANS and based on the SES regulations, saving energy consumption and reducing energy consumption, climate impact as well as noise and air polluting emissions.
Amendment 252 #
Proposal for a regulation Recital 1 a (new) (1a) Ambitious measures are required to ensure the aviation sector contributes to the objectives of the Paris Agreement on climate change.
Amendment 253 #
Proposal for a regulation Recital 3 (3) It would not be appropriate to subject all aircraft to common rules. In particular, in light of their limited risk to civil aviation safety, aircraft that are of simple design or operate mainly on a local basis and those which are home-built or particularly rare or only exist in a small number should remain under the regulatory control of the Member States, without any obligation under this Regulation on other Member States to recognise such national arrangements. The Commission should nevertheless facilitate the adoption of common airworthiness standards and guidance material to meet the objectives set out in Article 1(2)(a), (b), (c), (g) and (h) of this Regulation.
Amendment 254 #
Proposal for a regulation Recital 4 (4)
Amendment 255 #
Proposal for a regulation Recital 6 (6) Member States should be allowed to exempt from the provisions of this Regulation aerodromes with low volumes of traffic, subject to a prior
Amendment 256 #
Proposal for a regulation Recital 6 (6) Member States should be allowed to exempt from the provisions of this Regulation aerodromes with low volumes of traffic,
Amendment 257 #
Proposal for a regulation Recital 7 (7) Member States may consider it preferable,
Amendment 258 #
Proposal for a regulation Recital 8 (8) The measures taken in accordance with this Regulation to regulate civil aviation in the Union, including the delegated and implementing acts adopted on the basis thereof, should correspond to
Amendment 259 #
Proposal for a regulation Recital 8 (8) The measures taken in accordance with this Regulation to regulate civil aviation in the Union, including the delegated and implementing acts adopted on the basis thereof, should
Amendment 260 #
Proposal for a regulation Recital 8 (8) The measures taken in accordance with this Regulation to regulate civil aviation in the Union, including the delegated and implementing acts adopted on the basis thereof, should correspond to and be proportionate to the nature and risks associated with the different types of operations and activities they address. They should also, in as far as possible, be formulated in a manner which focuses on objectives to be achieved, while allowing different means of achieving those objectives. This should contribute to a more cost-efficient achievement of required safety levels and to stimulating technical and operational innovation. Use should be made of recognised industry standards and practices, where it has been found that they ensure compliance with the essential requirements set out in this Regulation, specifically in fields where that has traditionally been the case, such as ground handling.
Amendment 261 #
Proposal for a regulation Recital 8 (8) The measures taken in accordance with this Regulation to regulate civil aviation in the Union, including the delegated and implementing acts adopted on the basis thereof, should correspond to and be proportionate to the nature and risks associated with the different types of aircraft, operations and activities they address. They should also, in as far as possible, be formulated in a manner which focuses on objectives to be achieved, while allowing different means of achieving those objectives. This should contribute to a more cost-efficient achievement of required safety levels and to stimulating technical and operational innovation. Use should be made of recognised industry standards and practices, where it has been found that they ensure compliance with the essential requirements set out in this Regulation.
Amendment 262 #
Proposal for a regulation Recital 8 a (new) (8a) It has to be ensured that the rules applying to a large number of existing heterogeneous commercial air transport activities, are further developed at a technical level. Future legislation should provide for a wide range of operations, each subject to rules that are risk- proportionate with the particular operation or type of operations.
Amendment 263 #
Proposal for a regulation Recital 8 a (new) (8a) It has to be ensured that the rules applying to a large number of existing heterogeneous commercial air transport activities, are further developed at a technical level. Future legislation should provide for a wide range of operations, each subject to rules that are risk- proportionate with the particular operation or type of operations.
Amendment 264 #
Proposal for a regulation Recital 9 (9) Application of sound safety management principles is essential for continuous improvement of civil aviation safety in the Union, anticipating emerging safety risks, and making best use of limited technical resources. It is therefore necessary to establish a common framework for planning and implementing
Amendment 265 #
Proposal for a regulation Recital 9 (9) Application of sound safety management principles is essential for continuous improvement of civil aviation safety in the Union, anticipating emerging safety risks, and making best use of limited technical resources. It is therefore necessary to establish a common framework for planning and implementing safety improvement actions. To that end a European Plan for Aviation Safety and a European Aviation Safety Programme should be drawn up at Union level. Each Member State should also draw up a National Aviation Safety Programme in accordance with the requirements contained in Annex 19 to the Chicago Convention. That programme should be
Amendment 266 #
Proposal for a regulation Recital 9 a (new) (9a) there is a direct link between aviation safety and employees’ health, and with the socioeconomic conditions in which they work;
Amendment 267 #
Proposal for a regulation Recital 10 (10) In accordance with the provisions laid down in Annex 19 to the Chicago Convention, Member States are to establish an acceptable level of safety performance in relation to the aviation activities under their responsibility. In order to assist the Member States in meeting this requirement in a coordinated manner, the European Plan for Aviation Safety should lay down a
Amendment 268 #
Proposal for a regulation Recital 10 (10) In accordance with the provisions laid down in Annex 19 to the Chicago Convention, Member States are to establish an acceptable level of safety performance in relation to the aviation activities under their responsibility. In order to assist the Member States in meeting this requirement in a coordinated manner, the European Plan for Aviation Safety should lay down a
Amendment 269 #
Proposal for a regulation Recital 10 (10) In accordance with the provisions laid down in Annex 19 to the Chicago Convention, Member States are to establish an acceptable level of safety performance in relation to the aviation activities under their responsibility. In order to assist the Member States in meeting this requirement in a coordinated manner, the European Plan for Aviation Safety should lay down an acceptable level of safety performance for the Union in respect to the different categories of aviation activities. That acceptable level of safety performance should not have a binding character but express the ambition of the
Amendment 270 #
Proposal for a regulation Recital 12 (12) In line with standards and recommended practices set by the Chicago Convention, essential requirements applicable to aeronautical products, parts, non-installed equipment, aerodromes and the provision of ATM/ANS should be established. Furthermore, essential requirements applicable to persons and organisations involved in the operation of aircraft, the operation of aerodromes and in the provision of ATM/ANS, and essential requirements applicable to persons and products involved in the training and medical examination of aircrew and air traffic controllers and air traffic safety electronics personnel should also be established.
Amendment 271 #
Proposal for a regulation Recital 12 (12) In line with standards and recommended practices set by the Chicago Convention, essential requirements applicable to aeronautical products, parts, non-installed equipment, aerodromes
Amendment 272 #
Proposal for a regulation Recital 13 (13) The essential requirements concerning environmental compatibility of the design of aeronautical products should address both aircraft noise as well as emissions, and allow the Union to set
Amendment 273 #
Proposal for a regulation Recital 13 (13) The essential requirements concerning environmental compatibility of the design of aeronautical products should address both aircraft noise as well as emissions, and allow the Union to set detailed technical standards which are necessary to protect the environment and
Amendment 274 #
Proposal for a regulation Recital 13 (13) The essential requirements concerning environmental compatibility of the de
Amendment 275 #
Proposal for a regulation Recital 13 (13) The essential requirements concerning environmental compatibility of the design of aeronautical products should address both aircraft noise as well as emissions, and allow the Union to set detailed technical standards which are
Amendment 276 #
Proposal for a regulation Recital 14 Amendment 277 #
Proposal for a regulation Recital 14 (14) The Union should also lay down essential requirements for the safe provision of ground handling services, based on ground handling guidelines provided by existing rules and schemes provided by the industry on an international level.
Amendment 278 #
Proposal for a regulation Recital 14 (14) The Union should also lay down essential requirements for
Amendment 279 #
Proposal for a regulation Recital 14 (14) The Union should also lay down essential requirements for the safe provision of ground handling services
Amendment 280 #
Proposal for a regulation Recital 14 a (new) (14a) The Agency should be able to limit indirect employment, such as zero-hour contracts, pay-to-fly and precarious independent status in order to avoid adverse effects on safety levels as well as unfair intra- and intermodal competition.
Amendment 281 #
Proposal for a regulation Recital 16 (16) Aeronautical products, parts and non-installed equipment, aerodromes
Amendment 282 #
Proposal for a regulation Recital 16 (16) Aeronautical products, parts and non-installed equipment, aerodromes and their equipment, operators of aircraft and aerodromes, ATM/ANS systems and providers, as well as pilots, air traffic controllers and persons, products and organisations involved in their training and medical examination, should be certified or licensed once they have been found to comply with relevant essential requirements or, where relevant, the other requirements established in or pursuant to this Regulation. The Commission should be empowered to adopt the necessary detailed rules for the issuance of those certificates and where relevant, the declarations to be made to this effect, taking into account the objectives of the Regulation and the nature and risk of the particular activity concerned, while ensuring that it will not lead to additional administrative burden or increase in costs, thus reducing competitiveness.
Amendment 283 #
Proposal for a regulation Recital 16 (16) Aeronautical products, parts and non-installed equipment, aerodromes and their equipment, operators of aircraft and aerodromes, ATM/ANS systems and providers, as well as pilots, air traffic controllers, air traffic safety electronics personnel and persons, products and organisations involved in their training and medical examination, should be certified or licensed once they have been found to comply with relevant essential
Amendment 284 #
Proposal for a regulation Recital 17 (17) The possibility should be given to the organisations involved in the design and manufacture of aeronautical products and parts to declare the compliance of the design of products and parts with the relevant industry standards, where this is considered to ensure an acceptable level of safety. This possibility should be limited to products used in light and sport aviation, and under appropriate limitations and conditions to ensure safety. The Commission should nevertheless facilitate the adoption of common airworthiness standards and guidance material to meet the objectives set out in Article 1(2)(a), (b), (c), (g) and (h) of this Regulation.
Amendment 285 #
Proposal for a regulation Recital 17 (17) The possibility should be given to the organisations involved in the design and manufacture of aeronautical products and parts to declare the compliance of the design of products and parts with the relevant industry standards, where this is considered to ensure a
Amendment 286 #
Proposal for a regulation Recital 18 (18) Since unmanned aircraft also operate within the airspace alongside with traditional 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, although model aircraft which are operated solely in the context of sport and leisure activities, should be excluded from the scope of this Regulation in view of their good safety record.
Amendment 287 #
Proposal for a regulation Recital 18 (18) Since unmanned aircraft also operate within the airspace alongside with traditional 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 compatible with the current airspace, ensure vertical and horizontal separation and are proportionate to the risk of the particular operation or type of operations.
Amendment 288 #
Proposal for a regulation Recital 18 (18) Since unmanned aircraft also operate within the airspace alongside with traditional aircraft, this Regulation should cover such aircraft
Amendment 289 #
Proposal for a regulation Recital 18 (18) Since unmanned aircraft also operate within the airspace alongside with
Amendment 290 #
Proposal for a regulation Recital 18 (18) Since unmanned aircraft also operate within the airspace alongside with
Amendment 291 #
Proposal for a regulation Recital 18 a (new) (18a) Unmanned aircraft operating rules should be clear, enforceable, and harmonised across Member States, in order to ensure a safe operation of unmanned aircraft and a culture of compliance amongst operators.
Amendment 292 #
Proposal for a regulation Recital 19 (19) The rules regarding unmanned aircraft should
Amendment 293 #
Proposal for a regulation Recital 20 (20) For some types of unmanned aircraft, the application of the provisions of this Regulation related to certification, oversight and enforcement, as well as the provisions regarding the Agency is not necessary for the purpose of reaching adequate levels of safety. Market surveillance mechanisms provided by Union product harmonisation legislation should be made applicable to those cases. Care should be taken that relevant national specifications are duly taken into account when regulating the operations of unmanned aircraft, specifically for these types.
Amendment 294 #
Proposal for a regulation Recital 20 (20) For some types of unmanned aircraft, the application of the provisions of this Regulation related to
Amendment 295 #
Proposal for a regulation Recital 20 a (new) (20a) For reasons of security and control, every owner of an unmanned aircraft should be issued with an owner's number by means of which these aircraft can be identified. This number should be displayed on all the unmanned aircraft operated by that owner and appear in a European unmanned aircraft register maintained by the EASA, which should be easily accessible and should comply with EU rules on data protection.
Amendment 296 #
Proposal for a regulation Recital 20 a (new) (20a) Unmanned aircraft operators required to register their aircraft should be able to do so at low cost and in a European database; this registration should be easy and fast, in an easily accessible system, and should result in a unique number being allocated to each owner which must appear on each of the aircraft being operated;
Amendment 297 #
Proposal for a regulation Recital 22 (22) The Agency and the national competent authorities should work in partnership in order to better detect unsafe conditions and take remedial measures as appropriate. Member States should in particular be able to transfer to each other or to the Agency the responsibilities under this Regulation related to certification, oversight and enforcement, especially where that is necessary for enhanced safety or more efficient use of resources. It is also necessary, according to the case, to support the Member States in performing those tasks, in particular cooperative and cross- border oversight, by establishing an efficient framework for pooling and sharing of aviation inspectors and other specialists with relevant expertise. This pooling however, shall in no way lead to any additional burden or charges for the aviation industry. The pool also shall not lead to an initiative to increase charges or financial benefits by 'harmonizing to the highest value'.
Amendment 298 #
Proposal for a regulation Recital 22 (22) The Agency and the national
Amendment 299 #
Proposal for a regulation Recital 22 (22) The Agency and the national competent authorities should work in partnership in order to better detect unsafe conditions and take remedial measures as appropriate. Member States should in particular be able to transfer to each other or to the Agency the responsibilities under this Regulation related to certification, oversight and enforcement, especially where that is necessary for enhanced safety, improved interoperability or more efficient use of resources. It is also necessary, according to the case, to support the Member States in performing those tasks, in particular cooperative and cross- border oversight, by establishing an efficient framework for pooling and sharing of aviation inspectors and other specialists with relevant expertise.
Amendment 300 #
Proposal for a regulation Recital 22 (22) The Agency and the national competent authorities should work in partnership in order to better detect unsafe conditions and take remedial measures as appropriate. Member States should in particular be able to transfer to each other
Amendment 301 #
Proposal for a regulation Recital 23 Amendment 302 #
Proposal for a regulation Recital 30 Amendment 303 #
Proposal for a regulation Recital 32 (32) The Agency has been established by Regulation (EC) No 1592/2002 of the European Parliament and the Council13 within the Union's existing institutional structure and balance of powers, is independent in relation to technical matters and has legal, administrative and financial autonomy. The Agency has received further competences in accordance with Regulation (EC) No 216/2008. Certain adjustments should be made in its structure and functioning in order to better accommodate the new tasks conferred on it by this Regulation
Amendment 304 #
Proposal for a regulation Recital 32 a (new) (32a) With regard to liability of the staff of the Agency when carrying out the tasks assigned to the Agency, Protocol No 7 on the privileges and immunities of the European Union should apply. The application of that Protocol should not lead to undue delays or the imposition of unjustified restrictions on the conduct of national judicial proceedings. In the event of judicial proceedings involving the staff of the Agency, in which a member of the staff is requested to appear before a national court, the Management Board should decide without undue delay to waive that member of the staff's immunity, provided that such waiver will not compromise the interests of the Union.
Amendment 305 #
Proposal for a regulation Recital 33 (33) Under the institutional system of the Union, implementation of Union law is primarily the responsibility of the Member States. Certification, oversight and enforcement tasks required by this Regulation, and by the delegated and implementing acts adopted on the basis thereof, should therefore in principle be carried out at national level by one or more competent authorities of the Member States. In certain
Amendment 306 #
Proposal for a regulation Recital 33 (33) Under the institutional system of the Union, implementation of Union law is primarily the responsibility of the Member States. Certification, oversight and enforcement tasks required by this Regulation, and by the delegated and implementing acts adopted on the basis thereof, should therefore in principle be carried out at national level by
Amendment 307 #
Proposal for a regulation Recital 33 a (new) (33a) The Agency should cooperate loyally with the national judicial authorities, in particular in cases in which the involvement of the Agency is necessary on the grounds that the Agency has exercised its tasks related to certification, oversight and enforcement. Where the Agency or a member of its staff is requested to provide information in the context of relevant national proceedings, the Agency should ensure that such request for information or, if necessary, participation in proceedings, is handled with due diligence and within a reasonable period of time. To that end, the Management Board should adopt appropriate procedures to be used in such cases.
Amendment 308 #
Proposal for a regulation 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, after consulting workers’ representatives, particularly in regard to safety and to protecting health and social conditions. 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 309 #
Proposal for a regulation Recital 34 (34) The Agency should provide the technical expertise to the Commission in the preparation of the necessary legislation and assist
Amendment 310 #
Proposal for a regulation Recital 34 (34) The Agency should provide the technical expertise to the Commission in the preparation of the necessary legislation and assist
Amendment 311 #
Proposal for a regulation Recital 34 (34) The Agency should provide the technical expertise to the Commission in the preparation of the necessary legislation and assist
Amendment 312 #
Proposal for a regulation Recital 35 (35) Global navigation satellite systems, and in particular the Union Galileo programme, will play a pivotal role in the implementation of a European air traffic management system. In this regard, the Agency should be empowered, after consulting the European Space Agency and the national competent authorities, to develop the necessary technical specifications and to certify organisations providing pan-
Amendment 313 #
Proposal for a regulation Recital 35 (35) Global navigation satellite systems, and in particular the Union Galileo programme, will play a pivotal role in the implementation of a European air traffic management system. In this regard, the Agency should be empowered to develop the necessary technical specifications and to certify ATM/ANS systems and organisations providing pan-
Amendment 314 #
Proposal for a regulation Recital 36 (36) Regulation (EC) No 2111/2005 of the European Parliament and of the Council14 imposes a duty on the Agency to communicate all information that could be relevant for the updating of the list of air carriers which, for safety reasons, are subject to an operating ban in the Union. The Agency should also assist the Commission in the implementation of Regulation (EC) No 2111/2005, by conducting all the necessary safety evaluations of third country operators and authorities responsible for their oversight, and making appropriate recommendations to the Commission. __________________ 14 Regulation (EC) No 2111/2005 of the European Parliament and of the Council of 14 December 2005 on the establishment of a Community list of air carriers subject to an operating ban within the Community and on informing air transport passengers of the identity of the operating air carrier (OJ L 344, 27.12.2005, p. 15).
Amendment 315 #
Proposal for a regulation Recital 39 a (new) (39a) The Agency should focus on integrating research and innovation on safe and environmentally friendly unmanned aircraft into the above mentioned programmes.
Amendment 316 #
Proposal for a regulation Recital 40 Amendment 317 #
Proposal for a regulation Recital 40 (40) Having regard to the existing interdependencies between safety and security in civil aviation, the Agency should take part in the cooperation concerning the area of
Amendment 318 #
Proposal for a regulation Recital 41 (41) The Agency should, on request, assist the Member States and Commission in the field of international relations relating to matters covered by this Regulation, in particular as regards the harmonisation of rules and the mutual recognition of certificates. It should be entitled to establish the appropriate relations, through working arrangements, with the authorities of third countries and international organisations competent in matters covered by this Regulation, subject to the Co
Amendment 319 #
Proposal for a regulation Recital 41 (41) The Agency should
Amendment 320 #
Proposal for a regulation Recital 41 (41) The Agency should
Amendment 321 #
Proposal for a regulation Recital 44 (44) The Member States and the Commission should be represented within the Management Board of the Agency in order to effectively control its functions. That Management Board should be entrusted with the necessary powers notably to appoint the Executive Director, and to adopt the consolidated annual activity report, the programming document, the annual budget, and the financial rules applicable to the Agency. The Member States, who are responsible for aviation security within their airspace, should be strongly represented on the Management Board so as to be able to efficiently assess the relevance of the decisions taken by the Agency with regard to security and to ensure that Member States' interests are respected, particularly in the area of certification.
Amendment 322 #
Proposal for a regulation Recital 45 (45) In the interests of transparency, interested parties, including civil society and trade union representatives, should be given observer status within the Management Board of the Agency.
Amendment 323 #
Proposal for a regulation Recital 46 (46) In order for the Management Board to properly fulfil its tasks, is should be assisted by an Executive Board, which should notably prepare decisions of the Management Board and advise the Executive Director of the Agency on the implementation of those decisions. The Executive Board should be composed of at least one representative of each Member State.
Amendment 324 #
Proposal for a regulation Recital 48 (48) It is necessary to ensure that parties affected by decisions made by the Agency enjoy the necessary remedies in a manner which is suited to the special character of the field of aviation. Therefore, an
Amendment 325 #
Proposal for a regulation 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 important occupational health and safety and/or social implications, stakeholders, including Union social partners, should will be appropriately consulted and the implications should be properly addressed in the Regulatory Impact Assessment when the Agency prepares corresponding draft rules.
Amendment 326 #
Proposal for a regulation Recital 50 (50) When the Agency develops draft rules of a general nature to be implemented by national authorities, Member States
Amendment 327 #
Proposal for a regulation 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
Amendment 328 #
Proposal for a regulation Recital 50 (50) When the Agency develops draft rules of a general nature to be implemented
Amendment 329 #
Proposal for a regulation 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
Amendment 330 #
Proposal for a regulation 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
Amendment 331 #
Proposal for a regulation Recital 50 a (new) (50a) The Agency should be able to limit the use of certain indirect employment contracts used with pilots, aircrew and other staff dealing with safety operations in the interest of safety and security.
Amendment 332 #
Proposal for a regulation Recital 53 (53) In order to guarantee the full autonomy and independence of the Agency, it should be granted an autonomous budget principally funded from a contribution from the Union and from fees and charges paid by the users of
Amendment 333 #
Proposal for a regulation Recital 53 (53) In order to guarantee the full autonomy and independence of the Agency, it should be granted an autonomous budget principally funded from a contribution from the Union and from fees and charges paid by the users of the European aviation safety system. Any financial contribution received by the Agency from Member States, third countries, or other entities or persons should not compromise its independence and impartiality. The Union budgetary procedure should be applicable as far as the Union contribution and any other subsidies chargeable to the general budget of the
Amendment 334 #
Proposal for a regulation Recital 54 a (new) (54a) It is absolutely necessary to ensure the timely availability even in real time of safety relevant information allowing its analysis and dissemination without unnecessary delay. For this purpose, the Agency should coordinate at Union level the gathering, exchange and analysis of information on matters falling within the scope of this Regulation including secured flight data and cockpit voice recordings downloaded to a ground database in real time. For that purpose, the Agency may enter into administrative arrangements with legal and natural persons subject to this Regulation, or associations of such persons, on information gathering, exchange and analysis. The arrangements should provide, as far as possible, existing channels, avoiding additional burden.
Amendment 335 #
Proposal for a regulation Recital 57 Amendment 336 #
Proposal for a regulation Recital 57 (57)
Amendment 337 #
Proposal for a regulation Recital 59 (59) In order to take into account technical, scientific, operational or safety needs, by amending or supplementing the provisions on airworthiness, environmental protection, air crew, air operations, aerodromes, ATM/ANS, air traffic controllers, third-country operators, unmanned aircraft, oversight and enforcement, flexibility provisions, fines and periodic penalty payments, and fees and charges, as well as requirements set out in annexes to this Regulation, the power to adopt acts in accordance with Article 290 of the TFEU should be delegated to the Commission. It is of particular importance that the Commission carries out appropriate consultations during
Amendment 338 #
Proposal for a regulation Recital 59 (59) In order to take into account technical, scientific, operational or safety needs, by amending or supplementing the provisions on airworthiness, environmental protection, air crew, air operations, aerodromes, ATM/ANS, air traffic controllers, air traffic safety electronics personnel, third-country operators, unmanned aircraft, oversight and enforcement, flexibility provisions, fines and periodic penalty payments, and fees and charges, as well as requirements set out in annexes to this Regulation, the power to adopt acts in accordance with Article 290 of the TFEU should be delegated to the Commission. It is of particular importance that the Commission carries out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and to the Council.
Amendment 339 #
Proposal for a regulation Recital 59 a (new) (59a) Different airspace users shall be granted fair access to airspace. In the interest of safety of air navigation and to facilitate the right of access to airspace, each Member State should ensure the continuity of ATM/ANS provision in the airspace under its responsibility, while maintaining a high and uniform level of safety and minimize service disruptions to uninvolved third parties, also in the event of unforeseen circumstances. This should include the definition of a minimum level of service that aircraft operators can rely on.
Amendment 340 #
Proposal for a regulation Recital 61 a (new) (61a) The changes brought about by this Regulation have an impact on the implementation of other Union legislation. Regulation (EC) No 552/2004 of the European Parliament and of the Council should therefore be repealed.
Amendment 341 #
Proposal for a regulation Recital 64 (64) Since the objectives of this Regulation, namely establishing and maintaining a high
Amendment 342 #
Proposal for a regulation Recital 64 a (new) (64a) Since there is a high amount of different commercial air transport activities, it has to be ensured that rules applying to this sector are further elaborated at a technical level; a detailed act should be valid for wide range of operations, each subject to rules that are according to the risk of particular operations or types of operations.
Amendment 343 #
Proposal for a regulation Recital 64 a (new) (64a) The Agency should be able to limit the use of indirect employment for safety and security reasons in line with principles set in Article 25(1)(g), 28(1)(g), 34(1)(k), 39(1)(h) or 44(1)(f)
Amendment 344 #
Proposal for a regulation Article 1 – paragraph 1 1. The principal objective of this Regulation is to establish and maintain a high uniform level of civil aviation safety in the Union, while ensuring a high uniform level of environmental protection and that workers’ social dimension is respected, through the adoption of minimum common safety and social standards.
Amendment 345 #
Proposal for a regulation Article 1 – paragraph 1 1. The principal objective of this Regulation is to establish and maintain a high uniform level of civil aviation safety in the Union
Amendment 346 #
Proposal for a regulation Article 1 – paragraph 1 1. The principal objective of this Regulation is to establish and maintain a high uniform level of civil aviation safety in the Union
Amendment 347 #
Proposal for a regulation Article 1 – paragraph 1 1. The principal objective of this Regulation is to establish
Amendment 348 #
Proposal for a regulation Article 1 – paragraph 1 1. The principal objective of this Regulation is to establish and maintain a high uniform level of civil aviation safety in the Union, while ensuring a high uniform level of climate and environmental protection.
Amendment 349 #
Proposal for a regulation Article 1 – paragraph 2 – point a (a) contributing to the wider Union aviation policy, with the agreement of the Member States, and to the improvement of the overall performance of the civil aviation sector;
Amendment 350 #
Proposal for a regulation Article 1 – paragraph 2 – point b (b) facilitating, in the fields covered by this Regulation, the free movement of goods, persons, services and capital, providing a level playing field for all actors in the internal aviation market, and improving the competitiveness of the Union's aviation industry, whilst safeguarding the highest level of aviation safety;
Amendment 351 #
Proposal for a regulation Article 1 – paragraph 2 – point c (c) promoting cost-efficiency, inter alia by avoiding duplication, and effectiveness in the regulatory and certification processes as well as an optimal use of resources at national and Union level;
Amendment 352 #
Proposal for a regulation Article 1 – paragraph 2 – point c (c) minimising social and environmental costs, promoting cost- efficiency and effectiveness in the regulatory and certification processes as well as an
Amendment 353 #
Proposal for a regulation Article 1 – paragraph 2 – point d (
Amendment 354 #
Proposal for a regulation Article 1 – paragraph 2 – point d a (new) (da) promoting social sustainability, looking at the correlation between safety- related factors and socioeconomic ones;
Amendment 355 #
Proposal for a regulation Article 1 – paragraph 2 – point f (f) promoting, worldwide, the views of the Union regarding civil aviation practices, standards and civil aviation rules by establishing appropriate cooperation with third countries and international organisations, with the purpose of improving safety, security, social and health standards, environmental and climate protection;
Amendment 356 #
Proposal for a regulation Article 1 – paragraph 2 – point f a (new) (fa) intensifying cooperation and coordination with Eurocontrol, mainly in the fields of safety, security, climate and environmental protection, with the aim of increasing sustainability, efficiency and saving money;
Amendment 357 #
Proposal for a regulation Article 1 – paragraph 2 – point g (g) promoting research and innovation, amongst others in sustainability, regulatory and certification processes;
Amendment 358 #
Proposal for a regulation Article 1 – paragraph 2 – point g (g) promoting research and innovation, amongst others in regulatory
Amendment 359 #
Proposal for a regulation Article 1 – paragraph 2 – point h (h) promoting, in the fields covered by this Regulation, administrative, technical and operational interoperability.
Amendment 360 #
Proposal for a regulation Article 1 – paragraph 2 – point h – indent 1 (new) Amendment 361 #
Proposal for a regulation Article 1 – paragraph 2 – subparagraph 1 (new) taking into account interactions between air safety and socio-economic factors, as well as increasing safety threats linked to complex new business models and the consequent use of atypical employment conditions in civil aviation;
Amendment 362 #
Proposal for a regulation Article 1 – paragraph 2 – point h a (new) (ha) promoting social sustainability and addressing interdependencies between aviation safety and socio-economic factors, including complex new business set-ups and atypical employment forms in aviation.
Amendment 363 #
Proposal for a regulation 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 364 #
Proposal for a regulation Article 1 – paragraph 2 – point h a (new) (ha) promoting social sustainability and addressing interdependencies between aviation safety and socio-economic factors
Amendment 365 #
Proposal for a regulation Article 1 – paragraph 2 – point h a (new) (ha) contributing to a high uniform level of environmental protection;
Amendment 366 #
Proposal for a regulation Article 1 – paragraph 2 a (new) 2a. ensuring a high uniform level of environmental protection;
Amendment 367 #
Proposal for a regulation Article 1 – paragraph 3 – point b (b) ensuring that the declarations and certificates issued in accordance with this Regulation and its delegated and implementing acts are valid, recognised and applied throughout the Union, without any additional requirements;
Amendment 368 #
Proposal for a regulation Article 1 – paragraph 3 – point b (b) ensuring that the declarations, licenses and certificates issued in accordance with this Regulation and its delegated and implementing acts are valid throughout the
Amendment 369 #
Proposal for a regulation Article 1 – paragraph 3 – point c (c) the development, with the involvement of standardisation and other industry bodies, of detailed technical standards to
Amendment 370 #
Proposal for a regulation Article 1 – paragraph 3 – point d (d) the establishment of an independent European Union Aviation
Amendment 371 #
Proposal for a regulation Article 1 – paragraph 3 – point g a (new) (ga) identifying measures to mitigate, where is the case, socio-economic risks to aviation safety
Amendment 372 #
Proposal for a regulation Article 1 – paragraph 3 – point g a (new) (ga) identifying measures to mitigate, where is the case, socio-economic risks to aviation safety
Amendment 373 #
Proposal for a regulation Article 2 – paragraph 1 – point a (a) the design and production of all or parts of aircraft by a natural or legal person under the oversight of the Agency or a Member State;
Amendment 374 #
Proposal for a regulation Article 2 – paragraph 1 – point a (a) the design and production of aircraft
Amendment 375 #
Proposal for a regulation Article 2 – paragraph 1 – point a – point i (new) (i) a natural or legal person under the oversight of the Agency or a Member State;
Amendment 376 #
Proposal for a regulation Article 2 – paragraph 1 – point a – point ii (new) (ii) a third country natural or legal person, intended to be registered or operated, and respectively used, in the territory to which the Treaties apply;
Amendment 377 #
Proposal for a regulation Article 2 – paragraph 1 – point b – point i (i) registered or intended to be registered in a Member State, unless and to the extent that the Member State has transferred its responsibilities pursuant to the Chicago Convention to a third country and the aircraft is operated by a third country operator;
Amendment 378 #
Proposal for a regulation Article 2 – paragraph 1 – point b – point ii (ii) registered or intended to be registered in a third country and operated by an operator established, residing or with a principal place of business in the territory to which the Treaties apply;
Amendment 379 #
Proposal for a regulation Article 2 – paragraph 1 – point d (d) the
Amendment 380 #
Proposal for a regulation Article 2 – paragraph 1 – point d (d)
Amendment 381 #
Proposal for a regulation Article 2 – paragraph 1 – point e – introductory part (e) the design, maintenance and operation of aerodromes located in the territory to which the Treaties apply, which
Amendment 382 #
Proposal for a regulation Article 2 – paragraph 1 – point e – point i (i) are open to public use;
Amendment 383 #
Proposal for a regulation Article 2 – paragraph 1 – point e – point iii Amendment 384 #
Proposal for a regulation Article 2 – paragraph 1 – point e – point iii Amendment 385 #
Proposal for a regulation Article 2 – paragraph 1 – point e – point iv (iv) have a paved instrument runway of 800 metres or more, or exclusively serve helicopters;
Amendment 386 #
Proposal for a regulation Article 2 – paragraph 1 – point e – point iv (iv) have a paved, instrument runway of 800 metres or more
Amendment 387 #
Proposal for a regulation Article 2 – paragraph 3 – point a (a)
Amendment 388 #
Proposal for a regulation Article 2 – paragraph 3 – point d – paragraph 1 the design, production, maintenance and operation of aircraft the operation of which involves low risk for aviation safety, as listed in Annex I, and to the personnel and organisations involved therein. However, Member States shall recognize without further requirements or evaluations national certificates issued to these aircraft and their pilots when these aircraft and pilots are involved in cross border flights for the purpose of maintenance, repair, tests, modifications or participation in aerial sports and displays, for a maximum period of 60 days during a calendar year.
Amendment 389 #
Proposal for a regulation Article 2 – paragraph 3 – point d – paragraph 1 the design, production, maintenance and operation of the aircraft listed in Annex I, aircraft the operation of which involves low risk for aviation safety,
Amendment 390 #
Proposal for a regulation Article 2 – paragraph 3 – point d – paragraph 1 the design, production, maintenance and operation of aircraft the operation of which involves low risk for aviation safety as well as reduction of noise, GHG emissions and air pollution, as listed in Annex I, and to the personnel and organisations involved therein.
Amendment 391 #
Proposal for a regulation Article 2 – paragraph 3 – point d – paragraph 3 – point ii (ii) the weight, speed, and hot air volume limits referred to in points (e), (f), (g), (h), (i) and (j) of that Annex
Amendment 392 #
Proposal for a regulation Article 2 – paragraph 3 – point d – paragraph 3 – point ii – indent 1 (new) - the criteria set out in points (b) and (c) of that Annex.
Amendment 393 #
Proposal for a regulation Article 2 – paragraph 3 – point d – paragraph 3 – point ii a (new) (iia) the criteria set out in points (b) and (c) of that Annex.
Amendment 394 #
Proposal for a regulation Article 2 – paragraph 5 5. Without prejudice to Article 8 of Regulation (EU) No XXX/XXXX on the implementation of the Single European Sky (recast), Member States shall ensure that the military facilities referred to in paragraph 3(b) of this Article that are open to general air traffic and the ATM/ANS referred to in paragraph 3(c) of this Article that are provided or made available by the military to general air traffic offer a level of safety and interoperability with civilian systems, that is equivalent to that resulting from the application of the essential requirements set out in Annexes VII and VIII of this Regulation.
Amendment 395 #
Proposal for a regulation Article 2 – paragraph 5 5. Without prejudice to Article 8 of Regulation (EU) No XXX/XXXX on the implementation of the Single European Sky (recast), Member States shall, so far as practicable, ensure that the military facilities referred to in paragraph 3(b) of this Article that are open to
Amendment 396 #
Proposal for a regulation Article 3 – paragraph 1 – point 5 a (new) (5a) "ATM/ANS systems and constituents upon which safety or interoperability" means any of the ATM/ANS systems and constituents which are necessary for the safety of the provision of air traffic and air navigation services.
Amendment 397 #
Proposal for a regulation Article 3 – paragraph 1 – point 6 (6) ‘certification’ means any form of recognition in accordance with this Regulation, based on an appropriate assessment, that an organisation or person, product, part, non-installed equipment, aerodrome,
Amendment 398 #
Proposal for a regulation Article 3 – paragraph 1 – point 13 (13)
Amendment 399 #
Proposal for a regulation Article 3 – paragraph 1 – point 13 a (new) (13a) "safety critical aerodrome equipment" means any equipment, apparatus, appurtenance, software or accessory whose failure or malfunction could endanger safety or aircraft operation at an aerodrome.
Amendment 400 #
Proposal for a regulation Article 3 – paragraph 1 – point 22 Amendment 401 #
Proposal for a regulation Article 3 – paragraph 1 – point 22 Amendment 402 #
Proposal for a regulation Article 3 – paragraph 1 – point 22 (22) ‘ground handling service’ means any safety-related service provided at aerodromes
Amendment 403 #
Proposal for a regulation Article 3 – paragraph 1 – point 23 (23) ‘commercial air transport’ (CAT) means an aircraft operation to transport passengers, cargo or mail for remuneration or other valuable consideration between two different aerodromes; whereas CAT A means transportation in regular scheduled services and/or mass transport CAT N means transportation in non- regular, non-scheduled, non-mass transport;
Amendment 404 #
Proposal for a regulation Article 3 – paragraph 1 – point 23 (23) ‘commercial air transport’ (CAT) means an aircraft operation to transport passengers, cargo or mail for remuneration or other valuable consideration between two different aerodromes; whereas CAT A means transportation in regular scheduled services and/or Mass transport CAT N means transportation in non- regular, non-scheduled, non-mass transport: (SME)
Amendment 405 #
Proposal for a regulation Article 3 – paragraph 1 – point 23 (23) ‘commercial air transport’ means an aircraft operation to transport passengers, cargo or mail for remuneration or other valuable consideration, including any flight publicly advertised, between two different aerodromes;
Amendment 406 #
Proposal for a regulation Article 3 – paragraph 1 – point 23 (23) ‘commercial air transport’ means an aircraft operation
Amendment 407 #
Proposal for a regulation Article 3 – paragraph 1 – point 23 (23) ‘commercial air transport’ means an aircraft operation to transport passengers, cargo or mail for remuneration or other valuable consideration
Amendment 408 #
Proposal for a regulation Article 3 – paragraph 1 – point 23 (23) ‘commercial air transport’ means an aircraft operation to transport passengers, cargo or mail for remuneration or other valuable consideration
Amendment 409 #
Proposal for a regulation Article 3 – paragraph 1 – point 23 (23) ‘commercial air transport’ means an aircraft operation to transport passengers, cargo or mail for remuneration or other valuable consideration
Amendment 410 #
Proposal for a regulation Article 3 – paragraph 1 – point 23 (23) ‘commercial air transport’ means an aircraft operation to transport passengers, cargo or mail, for remuneration or other valuable consideration
Amendment 411 #
Proposal for a regulation Article 3 – paragraph 1 – point 26 a (new) (26a) 'climate protection and environmental target' means decided, planned or intended objectives for complying with the climate and environmental, such as noise and air pollution reduction, performance indicators over a given period of time;
Amendment 412 #
Proposal for a regulation Article 3 – paragraph 1 – point 28 (28) ‘non-installed equipment’ means any
Amendment 413 #
Proposal for a regulation Article 3 – paragraph 1 – point 29 (29) ‘unmanned aircraft’ means any aircraft operated or designed to be operated without a pilot on board
Amendment 414 #
Proposal for a regulation Article 3 – paragraph 1 – point 29 a (new) (29a) ‘remote pilot’ means a person operating an unmanned aircraft or surveying the operation of an automated unmanned aircraft;
Amendment 415 #
Proposal for a regulation Article 3 – paragraph 1 – point 32 Amendment 416 #
Proposal for a regulation Article 3 – paragraph 1 – point 32 (32) ‘state aircraft’ means aircraft when carrying out military, customs, police, search and rescue, firefighting, coastguard or similar activities or services under the control and responsibility of a Member State, undertaken in the public interest by, or on behalf of, a body vested with public authority powers;
Amendment 417 #
Proposal for a regulation Article 3 – paragraph 1 – point 32 (32) ‘state aircraft’ means aircraft when carrying out military, customs, police, search and rescue, firefighting, coastguard or similar activities or services under the control and responsibility of a Member State, undertaken in the public interest by or on behalf of a body vested with public authority powers;
Amendment 418 #
Proposal for a regulation Article 3 – paragraph 1 – point 34 – indent 1 (new) - 'model flying' means a sports and recreational activity undertaken by members of a model flying organisation recognised by the national competent authority and taking place within unaided line of sight conditions for the purpose of control and safe separation from other traffic.
Amendment 419 #
Proposal for a regulation Article 3 – paragraph 1 – point 34 a (new) (34a) ‘European unmanned aircraft register’ means an online platform established and managed by EASA, which lists the numbers given to owners of unmanned aircraft operated in the European Union;
Amendment 420 #
Proposal for a regulation Article 4 – paragraph 1 – point a (a) reflect the state of the art and best practices in the field of aviation, and take into account worldwide aviation experience and scientific and technical progress in the respective fields; in this respect the Agency shall modify the previous acts to be in line with the updated conditions;
Amendment 421 #
Proposal for a regulation Article 4 – paragraph 1 – point a a (new) (aa) take in account the different types of aircraft and operations;
Amendment 422 #
Proposal for a regulation Article 4 – paragraph 1 – point d (d) take into account interdependencies between the different domains of aviation safety, and between aviation safety and other technical domains of aviation regulation, without prejudice to the different regulatory and operational roles;
Amendment 423 #
Proposal for a regulation Article 4 – paragraph 1 – point d (d) take into account interdependencies between the different domains of aviation safety, and between aviation safety, cyber security and other technical domains of aviation regulation;
Amendment 424 #
Proposal for a regulation Article 4 – paragraph 1 – point e Amendment 425 #
Proposal for a regulation Article 4 – paragraph 1 – point e Amendment 426 #
Proposal for a regulation Article 4 – paragraph 1 – point e (e) lay down, where possible and appropriate, requirements in a manner which focuses on objectives to be achieved, while
Amendment 427 #
Proposal for a regulation Article 4 – paragraph 1 – point e (e) lay down, where possible and appropriate, requirements in a manner which focuses on objectives to be achieved, while
Amendment 428 #
Proposal for a regulation Article 4 – paragraph 1 – point e (e) lay down, where possible, requirements in a manner which are performance based and focuses on objectives to be achieved, while allowing different means of achieving compliance with th
Amendment 429 #
Proposal for a regulation Article 4 – paragraph 1 – point f a (new) (fa) ensure separation between regulatory tasks and service provision activities
Amendment 430 #
Proposal for a regulation Article 4 – paragraph 1 – point g Amendment 431 #
Proposal for a regulation Article 4 – paragraph 1 – point g (g) take
Amendment 432 #
Proposal for a regulation Article 4 – paragraph 1 – point h – indent 1 (new) - take into account interdependencies between aviation safety and socio-economic factors;
Amendment 433 #
Proposal for a regulation Article 4 – paragraph 1 – point h a (new) (ha) take into account interdependencies between aviation safety and socio-economic factors in aviation; (To be a new point e;)
Amendment 434 #
Proposal for a regulation Article 4 – paragraph 2 – point a (a)
Amendment 435 #
Proposal for a regulation Article 4 – paragraph 2 – point c (c) the complexity
Amendment 436 #
Proposal for a regulation Article 4 – paragraph 2 – point c (c) the type, the complexity and performance of the aircraft involved;
Amendment 437 #
Proposal for a regulation Article 4 – paragraph 2 – point c (c) the type, complexity and performance of the aircraft involved;
Amendment 438 #
Proposal for a regulation Article 4 – paragraph 2 – point d (d) the purpose of the flight, the type of aircraft and type of airspace used;
Amendment 439 #
Proposal for a regulation Article 4 – paragraph 2 – point e a (new) (ea) ensuring the distinction between regulatory tasks and service activities;
Amendment 440 #
Proposal for a regulation Article 4 – paragraph 2 – point f Amendment 441 #
Proposal for a regulation Article 5 – paragraph 1 1. The Commission shall, after consulting the Agency and other stakeholders (unions), adopt, publish and update as required a document describing the functioning of the European aviation safety system, containing the rules, activities and processes which are used to manage the safety of civil aviation in the Union in accordance with this Regulation (the 'European Aviation Safety Programme').
Amendment 442 #
Proposal for a regulation Article 5 – paragraph 2 – point c a (new) (ca) protection of health and social standards for aviation safety at European level;
Amendment 443 #
Proposal for a regulation Article 5 – paragraph 2 – point d – paragraph 2 The European Aviation Safety Programme shall also describe the process for the development, adoption, update and implementation of the European Plan for Aviation Safety referred to in Article 6, which shall closely involve the Member
Amendment 444 #
Proposal for a regulation Article 6 – paragraph 3 3. The European Plan for Aviation Safety shall specify, taking into account the objectives set out in Article 1, a
Amendment 445 #
Proposal for a regulation Article 6 – paragraph 3 3. The European Plan for Aviation Safety shall specify, taking into account the objectives set out in Article 1,
Amendment 446 #
Proposal for a regulation Article 6 – paragraph 3 3. The European Plan for Aviation Safety shall specify, taking into account the objectives set out in Article 1,
Amendment 447 #
Proposal for a regulation Article 7 – paragraph 1 1. Each Member State shall, in cooperation with relevant industry stakeholders, establish a national aviation safety programme for the management of civil aviation safety in relation to the aviation activities under its responsibility (the 'National Aviation Safety Programme'). That programme shall be commensurate with the size and the complexity of those activities and shall be consistent with the European Aviation Safety Programme.
Amendment 448 #
Proposal for a regulation Article 7 – paragraph 1 1. Each Member State shall establish a
Amendment 449 #
Proposal for a regulation Article 7 – paragraph 2 – introductory part 2. The
Amendment 450 #
Proposal for a regulation Article 7 – paragraph 2 – point a Amendment 451 #
Proposal for a regulation Article 7 – paragraph 2 – point b Amendment 452 #
Proposal for a regulation Article 7 – paragraph 2 – point c Amendment 453 #
Proposal for a regulation Article 7 – paragraph 2 – point d Amendment 454 #
Proposal for a regulation Article 7 – paragraph 3 3. The
Amendment 455 #
Proposal for a regulation Article 7 – paragraph 3 3. The National Aviation Safety Programme shall specify, taking into account the objectives set out in Article 1
Amendment 456 #
Proposal for a regulation Article 7 – paragraph 3 3. The National Aviation Safety Programme shall specify, taking into account the objectives set out in Article 1 and the
Amendment 457 #
Proposal for a regulation Article 8 – paragraph 1 1. The National Aviation Safety Programme shall be accompanied by a National Plan for Aviation Safety. Based on the assessment of relevant safety information, each Member State, in cooperation with relevant industry stakeholders, shall identify in that plan the main safety risks affecting its national civil aviation safety system and set out the necessary actions to mitigate those risks.
Amendment 458 #
Proposal for a regulation Article 8 – paragraph 1 1. The National Aviation Safety Programme shall be accompanied by a National Plan for Aviation Safety. Based on the assessment of relevant safety information and in consultation with stakeholders in the sector, Seach Member State shall identify in that plan the main safety risks affecting its national civil aviation safety system and set out the necessary actions to mitigate those risks.
Amendment 459 #
Proposal for a regulation Article 8 – paragraph 1 1. The
Amendment 460 #
Proposal for a regulation Article 8 a (new) Article 8a European system for the registration of unmanned aircraft 1. Anyone in the European Union wishing to operate an unmanned aircraft above a certain level of risk defined by EASA shall be subject to compulsory registration; 2. A registration system shall be developed for this purpose by EASA and shall allocate a unique number to each owner of an unmanned aircraft; 3. Each owner shall be obliged to write the number allocated to him on each unmanned aircraft that he operates; 4. By registering, every owner is obliged to acknowledge that he is aware of the provisions in force concerning safety and security; 5. The registration system must be easily accessible and involve minimum cost; 6. The registration system shall comply with the provisions in force on the protection of data and privacy;
Amendment 461 #
Proposal for a regulation Chapter 3 – section 1 – title Airworthiness, climate and environmental protection
Amendment 462 #
Proposal for a regulation Article 9 – paragraph 1 Aircraft referred to in Article 2(1)(a) and (b) and their engines, propellers, parts and non-installed equipment shall comply with the essential requirements for airworthiness set out in Annex II and, as regards noise and emissions, the essential requirements for the environmental compatibility of products set out in Annex III and the environmental protection requirements contained in Annex 16 to the Chicago Convention as applicable, except for the Appendices to Annex 16.
Amendment 463 #
Proposal for a regulation Article 9 – paragraph 1 Aircraft referred to in Article 2(1)(a) and (b) and their engines, propellers, parts and non-installed equipment shall comply with the essential requirements for airworthiness set out in Annex II and, as regards noise
Amendment 464 #
Proposal for a regulation Article 9 – paragraph 1 Aircraft referred to in Article 2(1)(a) and (b) and their engines, propellers, parts and non-installed equipment shall comply with the e
Amendment 465 #
Proposal for a regulation Article 9 – paragraph 1 Amendment 466 #
Proposal for a regulation Article 10 – paragraph 2 2. As regards aircraft referred to in Article 2(1)(a) and their engines, propellers and parts, compliance with Article 9 shall be ensured in accordance with Articles 11, 12, 13, 14 and Article 15(1).
Amendment 467 #
Proposal for a regulation Article 11 – paragraph 1 The de
Amendment 468 #
Proposal for a regulation Article 11 – paragraph 2 That type certificate, that certificate of changes and that approval of repair designs shall be issued upon application when the applicant has demonstrated that the de
Amendment 469 #
Proposal for a regulation Article 11 – paragraph 3 That type certificate, that certificate of changes and that approval of repair design may be also issued without such application, by an organisation approved in accordance with Article 15 which has been granted the privilege to issue those certificates or approvals in accordance with the delegated act referred to in Article 18(1)(k), when that organisation has determined that the de
Amendment 470 #
Proposal for a regulation Article 11 – paragraph 4 No separate type certificate shall be required for the de
Amendment 471 #
Proposal for a regulation Article 12 – paragraph 3 That certificate may be also issued without such application, for its own design work, by an organisation approved in accordance with Article 15 which has been granted a privilege to issue those certificates in accordance with the delegated act referred to in Article 18(1)(k), when that organisation has determined that the design of the part complies with the certification basis established in accordance with Article 18(1)(a)(ii).
Amendment 472 #
Proposal for a regulation Article 13 – paragraph 3 That certificate may be also issued without such application, for its own design work, by an organisation approved in accordance with Article 15 which has been granted a privilege to issue
Amendment 473 #
Proposal for a regulation Article 16 – paragraph 2 That licence shall be issued upon application, when the applicant has demonstrated its capability to discharge the responsibilities associated with its privileges in accordance with the essential requirements referred to in Article 9. The licence shall specify the privileges and responsibilities granted to the personnel and the scope of the licence.
Amendment 474 #
Proposal for a regulation Article 18 – paragraph 1 – introductory part 1. For the aircraft referred to in Article 2(1)(a) and (b) and their engines, propellers, parts and non-installed equipment, the Commission shall be empowered to adopt
Amendment 475 #
Proposal for a regulation Article 18 – paragraph 1 – point a – point iii Amendment 476 #
Proposal for a regulation Article 18 – paragraph 1 – point b Amendment 477 #
Proposal for a regulation Article 18 – paragraph 1 – point c (c) the specific conditions for compliance of aircraft referred to in Articles 2(1)(a)(ii) and 2(1)(b)(ii) with the essential requirements referred to in Article 9;
Amendment 478 #
Proposal for a regulation Article 18 – paragraph 1 – point d – point iii Amendment 479 #
Proposal for a regulation Article 18 – paragraph 1 – point l Amendment 480 #
Proposal for a regulation Article 18 – paragraph 1 – point l Amendment 481 #
Proposal for a regulation Article 18 – paragraph 2 Amendment 482 #
Proposal for a regulation Article 18 – paragraph 2 2. As regards the airworthiness and environmental compatibility of aircraft referred to in Article 2(1)(a) and (b), and their engines, propellers, parts and non- installed equipment, the Commission shall be empowered, by means of
Amendment 483 #
Proposal for a regulation Article 18 – paragraph 2 2. As regards the airworthiness and environmental compatibility of aircraft referred to in Article 2(1)(a) and (b), and their engines, propellers, parts and non- installed equipment, the Commission shall be empowered, by means of delegated acts adopted in accordance with Article 117, to amend
Amendment 484 #
Proposal for a regulation Article 18 – paragraph 2 a (new) 2a. When adopting the rules referred to in paragraph 1, the Commission shall ensure, in particular, that use is made, as appropriate, of the international standards and recommended practices contained in Annex 8 and 16 to the Chicago Convention. The certificates issued by the Agency and national aviation authorities and the declarations made by the legal and natural persons subject to the provisions of this Regulation shall be exclusively in conformity with the rules, conditions and procedures provided in Article 18.
Amendment 485 #
Proposal for a regulation Article 18 – paragraph 2 a (new) 2a. New environmental standards beyond the Chicago Convention Annex 16, Volumes I and II, including aircraft greenhouse gas or other emissions standards or any non-technical amendment to the existing emissions standards, shall be implemented in accordance with Article 100(2) of the TFEU.
Amendment 486 #
Proposal for a regulation Article 20 – paragraph 1 1.
Amendment 487 #
Proposal for a regulation Article 20 – paragraph 1 1. Unless otherwise established by delegated acts adopted pursuant to Article 25, pilots shall be subject to certification and shall be issued with a pilot licence and a pilot medical certificate appropriate to the operation to be performed and attesting the pilots' physical and mental fitness to perform this activity.
Amendment 488 #
Proposal for a regulation Article 20 – paragraph 1 1.
Amendment 489 #
Proposal for a regulation Article 21 Amendment 490 #
Proposal for a regulation Article 21 – paragraph 1 Cabin crew involved in commercial air transport operations shall be subject to certification and shall be issued with a
Amendment 491 #
Proposal for a regulation Article 21 – paragraph 1 Cabin crew involved in commercial air transport operations shall be subject to certification and shall be issued with a
Amendment 492 #
Proposal for a regulation Article 21 – paragraph 1 Cabin crew involved in commercial air transport operations shall be subject to certification and shall be issued with a
Amendment 493 #
Proposal for a regulation Article 21 – paragraph 1 Cabin crew involved in commercial air transport operations shall be subject to certification and shall be issued with a
Amendment 494 #
Proposal for a regulation Article 21 – paragraph 2 Where the delegated acts adopted pursuant to Article 25 so provide, cabin crew involved in operations other than commercial air transport shall also be subject to certification and shall be issued
Amendment 495 #
Proposal for a regulation Article 21 – paragraph 2 Where the delegated acts adopted pursuant to Article 25 so provide, cabin crew involved in operations other than commercial air transport shall also be subject to certification and shall be issued with a
Amendment 496 #
Proposal for a regulation Article 21 – paragraph 3 Those
Amendment 497 #
Proposal for a regulation Article 21 – paragraph 3 Those
Amendment 498 #
Proposal for a regulation Article 21 – paragraph 3 Those
Amendment 499 #
Proposal for a regulation Article 21 – paragraph 3 Those
Amendment 500 #
Proposal for a regulation Article 22 Amendment 501 #
Proposal for a regulation Article 22 – paragraph 3 a (new) Pilot and Aircrew training organisations shall not receive financial revenues from the trainee when providing training on aircraft carrying passengers or cargo.
Amendment 502 #
Proposal for a regulation 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 503 #
Proposal for a regulation Article 23 – paragraph 1 Unless otherwise established by the delegated acts adopted pursuant to Article 25, each flight simulation training device used for the training of pilots shall be subject to certification and shall be issued with a certificate for an adequate period of time.
Amendment 504 #
Proposal for a regulation Article 24 Amendment 505 #
Proposal for a regulation Article 24 – paragraph 1 Unless otherwise established by the delegated acts adopted pursuant to Article 25, persons responsible for providing flight training, flight simulation training or cabin crew training, or for assessing pilots' or cabin crew's skill, as well as aero-medical examiners, shall be subject to certification and shall be issued with a certificate for an adequate period of time.
Amendment 506 #
Proposal for a regulation Article 25 – paragraph 1 – introductory part 1. For pilots and cabin crew involved in the operation of aircraft referred to in Article 2(1)(b), as well as flight simulation training devices, persons and organisations involved in the training, testing, checking or medical assessment of those pilots and cabin crew, the Commission shall be empowered to adopt
Amendment 507 #
Proposal for a regulation Article 25 – paragraph 1 – point b Amendment 508 #
Proposal for a regulation Article 25 – paragraph 1 – point e Amendment 509 #
Proposal for a regulation Article 25 – paragraph 1 – point f Amendment 510 #
Proposal for a regulation Article 25 – paragraph 1 – point g Amendment 511 #
Proposal for a regulation Article 25 – paragraph 2 Amendment 512 #
Proposal for a regulation Article 25 – paragraph 2 Amendment 513 #
Proposal for a regulation Article 25 – paragraph 2 Amendment 514 #
Proposal for a regulation Article 25 – paragraph 2 2. As regards pilots and cabin crew involved in the operation of aircraft referred to in Article 2(1)(b), as well as flight simulation training devices, persons and organisations involved in the training, testing, checking or medical assessment of those pilots and cabin crew, the Commission shall be empowered, by means of delegated acts adopted in accordance with Article 117, to amend
Amendment 515 #
Proposal for a regulation Article 25 – paragraph 2 2. As regards pilots and cabin crew involved in the operation of aircraft referred to in Article 2(1)(b), as well as flight simulation training devices, persons and organisations involved in the training, testing, checking or medical assessment of those pilots and cabin crew, the Commission shall be empowered, by means of
Amendment 516 #
Proposal for a regulation Article 25 – paragraph 3 a (new) 3a. The certificates issued by the Agency and national aviation authorities and the declarations made by the legal and natural persons subject to the provisions of this Regulation shall be exclusively in conformity with the rules, conditions and procedures provided in this Article.
Amendment 517 #
Proposal for a regulation Article 27 – paragraph 1 – subparagraph 2 That certificate shall be issued upon application, when the applicant has demonstrated that it complies with the rules established by the
Amendment 518 #
Proposal for a regulation Article 27 – paragraph 2 – subparagraph 1 Where the
Amendment 519 #
Proposal for a regulation Article 27 – paragraph 2 – subparagraph 2 That certificate shall be issued upon application, when the applicant has demonstrated that it complies with the rules established by the
Amendment 520 #
Proposal for a regulation Article 27 – paragraph 2 – subparagraph 3 By way of derogation from the first subparagraph, where the
Amendment 521 #
Proposal for a regulation Article 27 – paragraph 3 a (new) 3a. Where the delegated acts adopted pursuant to Article 28 so provide, large aircraft used in commercial air transport operations shall be equipped with a means to recover flight recorder data and make it available in a timely manner for the purpose of accident investigation and prevention.
Amendment 523 #
Proposal for a regulation Article 28 – paragraph 1 – introductory part 1. For the operation of aircraft referred to in Article 2(1)(b), the Commission shall be empowered to adopt
Amendment 524 #
Proposal for a regulation Article 28 – paragraph 1 – introductory part 1. For the operation of aircraft referred to in Article 2(1)(b), the Commission shall
Amendment 525 #
Proposal for a regulation Article 28 – paragraph 1 – point d Amendment 526 #
Proposal for a regulation Article 28 – paragraph 1 – point g – indent 1 (new) - the conditions under which, taking into account the principles of Article 4, operations shall be subject to, or exempted from, the requirements applicable to commercial air transport in this Regulation and the measures taken under this Regulation, notwithstanding the definition in Article 3(23).
Amendment 527 #
Proposal for a regulation Article 28 – paragraph 1 – point g a (new) (ga) the conditions under which an aircraft shall be required to be equipped with a means to recover flight recorder data, and the conditions for the secure transmission, storage and utilization of that data, for the purpose of Article 27(3a). These conditions shall be consistent with the existing Union legislation on air accident investigations;
Amendment 528 #
Proposal for a regulation Article 28 – paragraph 1 – point g a (new) (ga) the conditions under which, taking into account the principles of Article 4, operations shall be subject to, or exempted from, the requirements applicable to commercial air transport in this Regulation and the measures taken under this Regulation, notwithstanding the definition in Article 3 paragraph 23.
Amendment 529 #
Proposal for a regulation Article 28 – paragraph 1 a (new) 1a. the conditions under which, taking into account the principles of Article 4, operations shall be subject to, or exempted from the requirements applicable to commercial air transport in this Regulation and the measures taken under this Regulation, notwithstanding the definition in Article 3(23).
Amendment 530 #
Proposal for a regulation Article 28 – paragraph 1 a (new) 1a. the conditions under which, taking into account the principles of Article 4, operations shall be subject to, or exempted from the requirements applicable to commercial air transport in this Regulation and the measures taken under this Regulation, notwithstanding the definition in Article 3(23).
Amendment 531 #
Proposal for a regulation Article 28 – paragraph 2 Amendment 532 #
Proposal for a regulation Article 28 – paragraph 2 Amendment 533 #
Proposal for a regulation Article 28 – paragraph 2 2. As regards the operation of aircraft referred to in Article 2(1)(b), the Commission shall be empowered, by means of
Amendment 534 #
Proposal for a regulation Article 28 – paragraph 2 2. As regards the operation of aircraft referred to in Article 2(1)(b), the Commission shall be empowered, by means of delegated acts adopted in accordance with Article 117, to amend
Amendment 535 #
Proposal for a regulation Article 28 – paragraph 2 a (new) 2a. The certificates issued by the Agency and national aviation authorities and the declarations made by the legal and natural persons subject to the provisions of this Regulation shall be exclusively in conformity with the rules, conditions and procedures provided in this Article.
Amendment 536 #
Proposal for a regulation Article 29 – paragraph 1 Aerodromes, aerodrome equipment, the operation of aerodromes 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. These essential requirements must comply with the principles of: - subsidiarity, in terms of respecting the division of competences established in each Member State, - degree of responsibility, in terms of identifying the responsibilities that are clearly incumbent upon aerodrome operators (duties included in the certificate issued by the competent authority) on the one hand, and upon third parties on the other, in the event of a failure to correctly carry out measures and duties on the same aerodromes.
Amendment 537 #
Proposal for a regulation Article 29 – paragraph 1 Aerodromes,
Amendment 538 #
Proposal for a regulation Article 29 – paragraph 1 Aerodromes, aerodrome equipment, the operation of aerodromes 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. Member States should take the necessary measures to ensure that organisations have the adequate administrative means to exercise the responsibilities bestowed on them by the essential requirements, especially those concerning activities of organisations and personnel other than their own.
Amendment 539 #
Proposal for a regulation Article 29 – paragraph 1 Aerodromes, aerodrome equipment, the operation of aerodromes
Amendment 540 #
Proposal for a regulation Article 29 – paragraph 1 Aerodromes, aerodrome safety, security, climate and environment protection equipment, the operation of aerodromes 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 541 #
Proposal for a regulation 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 542 #
Proposal for a regulation Article 29 – paragraph 1 Aerodromes, aerodrome equipment, the operation of aerodromes and personnel in 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 543 #
Proposal for a regulation Article 30 – paragraph 1 – subparagraph 1 Aerodromes shall be subject to certification and shall be issued with a certificate.
Amendment 544 #
Proposal for a regulation Article 30 – paragraph 1 – subparagraph 2 That certificate
Amendment 545 #
Proposal for a regulation Article 30 – paragraph 1 – subparagraph 3 Those certificates shall cover the aerodrome, its staff and its safety-related equipment and shall be an essential requirement for permission to operate in airports, including ground-handling services and apron management.
Amendment 546 #
Proposal for a regulation Article 30 – paragraph 1 – subparagraph 3 Those certificates shall cover the aerodrome
Amendment 547 #
Proposal for a regulation Article 31 Amendment 548 #
Proposal for a regulation Article 31 Amendment 549 #
Proposal for a regulation Article 31 Amendment 550 #
Proposal for a regulation Article 31 Amendment 551 #
Proposal for a regulation Article 31 – paragraph 1 – subparagraph 1 Amendment 552 #
Proposal for a regulation Article 31 – paragraph 1 – subparagraph 1 Where the delegated acts adopted pursuant to Article 34 so provide safety data demonstrates that an equipment type used or intended for use at aerodromes subject to this Regulation poses a safety risk, safety-critical aerodrome equipment used or intended for use at aerodromes subject to this Regulation shall be subject to certification and shall be issued with a certificate. The Agency should take appropriate action through safety promotion and Recommendations so that appropriate mitigation measures are put in place.
Amendment 553 #
Proposal for a regulation Article 31 – paragraph 1 – subparagraph 1 Where
Amendment 554 #
Proposal for a regulation Article 31 – paragraph 1 – subparagraph 1 Where
Amendment 555 #
Proposal for a regulation Article 31 – paragraph 1 – subparagraph 1 Where
Amendment 556 #
Proposal for a regulation Article 31 – paragraph 1 – subparagraph 2 Amendment 557 #
Proposal for a regulation Article 31 – paragraph 1 – subparagraph 2 Amendment 558 #
Proposal for a regulation Article 31 – paragraph 1 – subparagraph 2 Amendment 559 #
Proposal for a regulation Article 31 – paragraph 1 – subparagraph 2 Amendment 560 #
Proposal for a regulation Article 31 – paragraph 2 Amendment 561 #
Proposal for a regulation Article 31 – paragraph 2 Amendment 562 #
Proposal for a regulation Article 31 – paragraph 2 Amendment 563 #
Proposal for a regulation Article 31 – paragraph 2 Amendment 564 #
Proposal for a regulation Article 31 – paragraph 2 2. By way of derogation from paragraph 1,
Amendment 565 #
Proposal for a regulation Article 32 – paragraph 1 – subparagraph 1 Organisations responsible for the operation of aerodromes and for ground-handling services shall be subject to certification and shall be issued with a certificate.
Amendment 566 #
Proposal for a regulation Article 32 – paragraph 1 – subparagraph 2 That certificate shall be issued upon application
Amendment 567 #
Proposal for a regulation 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 29. The delegated act mentioned at Article 34(1)(h) shall assure the recognition, without other verification, by the operators, of these declarations.
Amendment 568 #
Proposal for a regulation 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
Amendment 569 #
Proposal for a regulation 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
Amendment 570 #
Proposal for a regulation Article 32 – paragraph 2 2. Organisations responsible for the provision of
Amendment 571 #
Proposal for a regulation Article 32 – paragraph 2 a (new) 2a. The certificate for an organisation responsible for the operation of an aerodrome may be either combined with the certificate for an aerodrome or issued separately.
Amendment 572 #
Proposal for a regulation Article 33 a (new) Article 33a Aerodromes - Personnel 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 573 #
Proposal for a regulation Article 34 – paragraph 1 – introductory part 1. For aerodromes,
Amendment 574 #
Proposal for a regulation Article 34 – paragraph 1 – introductory part 1. For aerodromes, safety-critical aerodrome equipment, the operation of aerodromes and the provision of ground handling and apron management services at aerodromes, the Commission shall be empowered to adopt
Amendment 575 #
Proposal for a regulation Article 34 – paragraph 1 – introductory part Amendment 576 #
Proposal for a regulation Article 34 – paragraph 1 – point c Amendment 577 #
Proposal for a regulation Article 34 – paragraph 1 – point e Amendment 578 #
Proposal for a regulation Article 34 – paragraph 1 – point h (h) the conditions and procedures for the declaration by organisations providing
Amendment 579 #
Proposal for a regulation Article 34 – paragraph 1 – point i (i) the privileges and responsibilities of the organisations providing
Amendment 580 #
Proposal for a regulation Article 34 – paragraph 1 – point l (l) the conditions for issuing and disseminating mandatory information by the Agency in accordance with Article 65(6) and by the national
Amendment 581 #
Proposal for a regulation Article 34 – paragraph 1 – point l (l) the conditions for issuing and disseminating mandatory information by the Agency in accordance with Article 65(6) and by the national competent authorities, in order to ensure the safety of aerodrome operations
Amendment 582 #
Proposal for a regulation 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 583 #
Proposal for a regulation Article 34 – paragraph 1 a (new) 1a. when adopting the rules referred to in paragraph 1 in relation to the provision of ground handling, the Commission shall ensure that the use is made, as appropriate, of recognised industry standards and best practices.
Amendment 584 #
Proposal for a regulation Article 34 – paragraph 2 Amendment 585 #
Proposal for a regulation Article 34 – paragraph 2 2. As regards aerodromes, aerodrome equipment, the operation of aerodromes,
Amendment 586 #
Proposal for a regulation Article 34 – paragraph 2 2. As regards aerodromes, aerodrome equipment, the operation of aerodromes, and ground handling and apron management services the Commission shall be empowered, by means of
Amendment 587 #
Proposal for a regulation Article 34 – paragraph 2 a (new) 2a. The certificates issued by the Agency and national aviation authorities and the declarations made by the legal and natural persons subject to the provisions of this Regulation shall be exclusively in conformity with the rules, conditions and procedures provided in this Article.
Amendment 588 #
Proposal for a regulation Article 37 Amendment 589 #
Proposal for a regulation Article 37 Amendment 590 #
Proposal for a regulation Article 37 Amendment 591 #
Proposal for a regulation Article 37 Amendment 592 #
Proposal for a regulation Article 37 Amendment 593 #
Proposal for a regulation Article 38 A
Amendment 594 #
Proposal for a regulation Article 38 – title ATM/ANS systems and constituents, related to safety, security, climate and environment protection
Amendment 595 #
Proposal for a regulation Article 38 – paragraph 1 1. Where the
Amendment 596 #
Proposal for a regulation Article 38 – paragraph 1 1. Where the delegated acts adopted pursuant to Article 39 so provide, the providers of ATM/ANS referred to in Article 36 shall be required to declare that the ATM/ANS systems and constituents
Amendment 597 #
Proposal for a regulation Article 38 – paragraph 2 – subparagraph 1 Where the
Amendment 598 #
Proposal for a regulation Article 38 – paragraph 2 – subparagraph 1 Where the delegated acts adopted pursuant to Article 39 so provide, ATM/ANS systems and constituents
Amendment 599 #
Proposal for a regulation Article 38 – paragraph 2 – subparagraph 3 Amendment 601 #
Proposal for a regulation Article 39 – paragraph 1 – introductory part 1. For the provision of ATM/ANS, the Commission shall be empowered to adopt delegated acts or implementing acts in accordance with Article 117 to lay down detailed rules with regard to:
Amendment 602 #
Proposal for a regulation Article 39 – paragraph 1 – introductory part 1. For the provision of ATM/ANS, the Commission shall be empowered to adopt
Amendment 603 #
Proposal for a regulation Article 39 – paragraph 1 – introductory part 1. For the provision of ATM/ANS, the Commission shall be empowered to adopt
Amendment 604 #
Proposal for a regulation Article 39 – paragraph 2 Amendment 605 #
Proposal for a regulation Article 39 – paragraph 2 2. As regards the provision of ATM/ANS, the Commission shall be
Amendment 606 #
Proposal for a regulation Article 39 – paragraph 2 2. As regards the provision of ATM/ANS, the Commission shall be empowered, by means of delegated acts adopted in accordance with Article 117, to amend
Amendment 607 #
Proposal for a regulation Article 39 – paragraph 3 a (new) 3a. The certificates issued by the Agency and national aviation authorities and the declarations made by the legal and natural persons subject to the provisions of this Regulation shall be exclusively in conformity with the rules, conditions and procedures provided in this Article.
Amendment 608 #
Proposal for a regulation Article 41 – paragraph 2 2. The air traffic controller licence referred to in paragraph 1 shall be issued upon application, when the applicant for the licence has demonstrated that he or she complies with the rules established by delegated acts or implementing acts adopted pursuant to Article 44 to ensure compliance with the essential requirements referred to in Article 40 regarding theoretical knowledge, practical skill, language proficiency and experience.
Amendment 609 #
Proposal for a regulation Article 41 – paragraph 2 2. The air traffic controller licence referred to in paragraph 1 shall be issued upon application, when the applicant for the licence has demonstrated that he or she complies with the rules established by
Amendment 610 #
Proposal for a regulation Article 41 – paragraph 3 3. The medical certificate referred to in paragraph 1 shall be issued upon application, when the air traffic controller has demonstrated that he or she complies with the rules established by delegated acts or implementing acts adopted pursuant to Article 44 to ensure compliance with the essential requirements referred to in Article 40 on medical fitness.
Amendment 611 #
Proposal for a regulation Article 41 – paragraph 3 3. The medical certificate referred to in paragraph 1 shall be issued upon
Amendment 612 #
Proposal for a regulation Article 42 – paragraph 1 Air traffic controller training organisations, aero medical examiners and aero medical centres shall be subject to certification and shall be issued with a certificate for an adequate period of time.
Amendment 613 #
Proposal for a regulation Article 42 – paragraph 2 That certificate shall be issued upon application, when the applicant has demonstrated that it complies with the
Amendment 614 #
Proposal for a regulation Article 42 – paragraph 2 That certificate shall be issued upon application, when the applicant has demonstrated that it complies with the rules established by
Amendment 615 #
Proposal for a regulation Article 43 – paragraph 2 That certificate shall be issued upon application, when the applicant has demonstrated that he or she complies with
Amendment 616 #
Proposal for a regulation Article 43 – paragraph 2 That certificate shall be issued upon application, when the applicant has demonstrated that he or she complies with the rules established by
Amendment 618 #
Proposal for a regulation Article 44 – paragraph 1 – introductory part 1. For air traffic controllers, as well as persons and organisations involved in the training, testing, checking or medical assessment of air traffic controllers, the Commission shall be empowered to adopt delegated or implementing acts in accordance with, as appropriate Article 11
Amendment 619 #
Proposal for a regulation Article 44 – paragraph 1 – introductory part 1. For air traffic controllers, as well as persons and organisations involved in the training, testing, checking or medical
Amendment 620 #
Proposal for a regulation Article 44 – paragraph 1 – introductory part 1. For air traffic controllers, as well as persons and organisations involved in the training, testing, checking or medical assessment of air traffic controllers, the Commission shall be empowered to adopt
Amendment 621 #
Proposal for a regulation Article 44 – paragraph 1 – point e Amendment 622 #
Proposal for a regulation Article 44 – paragraph 1 – point g a (new) (ga) the conditions to be met by air traffic controllers in regard to duty time limitations and rest requirements; said conditions shall produce a high level of safety by protecting against the effects of tiredness while, at the same time, allowing sufficient flexibility for scheduling;
Amendment 623 #
Proposal for a regulation Article 44 – paragraph 2 Amendment 624 #
Proposal for a regulation Article 44 – paragraph 2 2. As regards air traffic controllers, persons and organisations involved in the training, testing, checking or medical assessment of air traffic controllers, as well as synthetic training devices, the Commission shall be empowered, by means of delegated acts or implementing acts adopted in accordance with, as appropriate, Article 116 or 117, to amend or supplement Annex VIII, where necessary for reasons of technical, operational or scientific developments or safety evidence related to the training organisations and air traffic controllers, in order and to the extent necessary to achieve the objectives laid down in Article 1.
Amendment 625 #
Proposal for a regulation Article 44 – paragraph 2 2. As regards air traffic controllers, persons and organisations involved in the training, testing, checking or medical assessment of air traffic controllers, as well as synthetic training devices, the Commission shall be empowered, by
Amendment 626 #
Proposal for a regulation Article 44 – paragraph 2 2. As regards air traffic controllers, persons and organisations involved in the training, testing, checking or medical assessment of air traffic controllers, as well as synthetic training devices, the Commission shall be empowered, by means of
Amendment 627 #
Proposal for a regulation Article 44 – paragraph 2 2. As regards air traffic controllers, persons and organisations involved in the training, testing, checking or medical assessment of air traffic controllers, as well as synthetic training devices, the Commission shall be empowered, by means of delegated acts adopted in accordance with Article 117, to amend
Amendment 628 #
Proposal for a regulation Article 44 – paragraph 2 – indent 1 (new) - Section VII (new) Air Traffic Safety Electronics Personnel (ATSEP) Article 45 (new) Essential requirements Air traffic safety electronics personnel as well as persons and organisations involved in the training, testing, checking or medical assessment of air traffic safety electronics personnel, as well as synthetic training devices shall comply with the relevant essential requirements set out in Annex XX.
Amendment 629 #
Proposal for a regulation Article 44 – paragraph 2 – indent 2 (new) - Article 46 (new) Air Traffic Safety Electronics Personnel (ATSEP) 1. Air traffic safety electronics personnel shall be subject to certification and shall be issued with an air traffic safety electronics personnel licence and a medical certificate appropriate for the service to be provided. 2. Air traffic safety electronics licence referred to in paragraph 1 shall be issued upon application, when the applicant for the licence has demonstrated that he or she complies with the rules established by delegated acts adopted pursuant to Article XX to ensure compliance with the essential requirements referred to in Article XX regarding theoretical knowledge, practical skill, language proficiency and experience. 3. The medical certificate referred to in paragraph 1 shall be issued upon application, when the air traffic safety electronics personnel has demonstrated that he or she complies with the rules established by delegated acts adopted pursuant to Article XX to ensure compliance with the essential requirements referred to in Article XX on medical fitness. 4. The air traffic safety electronics personnel licence and the medical certificate shall specify the privileges granted to the air traffic safety electronics personnel and the scope of the licence and the medical certificate.
Amendment 630 #
Proposal for a regulation Article 44 – paragraph 2 – indent 3 (new) - Article 47 (new) Air traffic safety electronics personnel training organisations, aero medical examiners and aero medical centres Air traffic safety electronics personnel training organisations, aero medical examiners and aero medical centres shall be subject to certification and shall be issued with a certificate. That certificate shall be issued upon application, when the applicant has demonstrated that it complies with the rules established by delegated acts adopted pursuant to Article XX to ensure compliance with the essential requirements referred to in Article 40. The certificate shall specify the privileges granted.
Amendment 631 #
Proposal for a regulation Article 44 – paragraph 2 – indent 4 (new) - Article 48 (new) Instructors and examiners Persons responsible for providing practical training or for assessing the practical skills of air traffic safety electronics personnel shall be subject to certification and shall be issued with a certificate. That certificate 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 XX to ensure compliance with the essential requirements referred to in Article XX. The certificate shall specify the privileges granted.
Amendment 632 #
Proposal for a regulation Article 44 – paragraph 2 – indent 5 (new) - Article 49 (new) Delegated powers 1. For air traffic safety electronics personnel, as well as persons and organisations involved in the training, testing, checking or medical assessment of air traffic safety electronics personnel, the Commission shall be empowered to adopt delegated acts in accordance with Article 117 to lay down detailed rules with regard to: (a) the different ratings and endorsements for the air traffic safety electronics personnel licences referred to in Article XX; (b) the conditions for issuing, maintaining, amending, suspending or revoking licences, ratings and endorsements for the air traffic safety electronics personnel and medical certificates referred to in Article 41 and the certificates referred to in Articles 42 and XX; (c) the privileges and responsibilities of the holders of air traffic safety electronics personnel licences, ratings and endorsements for licences, medical certificates and the certificates referred to in Articles XX, XX and XX; (d) the conditions for the acceptance and for the conversion of national air traffic safety electronics personnel licences and national medical certificates issued on the basis of the laws of the Member States into the air traffic safety electronics personnel licences and medical certificates referred to in Article XX; (e) the conditions for the acceptance of air traffic safety electronics personnel licences issued in accordance with the laws of a third country for purpose of applying Article XX; (f) the conditions under which the provision of on-the-job training shall be prohibited, limited or subject to certain conditions in the interest of safety; (g) the conditions for issuing and disseminating mandatory information by the Agency in accordance with Article 65(6) and by the national competent authorities, in order to ensure the safety in the provision of on-the-job training.
Amendment 633 #
Proposal for a regulation Article 44 – paragraph 2 a (new) 2a. The certificates issued by the Agency and national aviation authorities and the declarations made by the legal and natural persons subject to the provisions of this Regulation shall be exclusively in conformity with the rules, conditions and procedures provided in this Article.
Amendment 634 #
Proposal for a regulation Article 45 – paragraph 1 The design, production, maintenance and operation of unmanned aircraft and their engines, propellers, parts, non-installed equipment and equipment to control them remotely, as well as the personnel and organisations involved in these activities, shall comply with the essential requirements set out in Annex IX.
Amendment 635 #
Proposal for a regulation Article 45 – paragraph 1 The design, production, maintenance and operation of unmanned aircraft and their engines, propellers, parts, non-installed equipment and equipment to control them remotely, and the personnel and organisations involved in these activities, shall comply with the essential requirements set out in Annex IX.
Amendment 636 #
Proposal for a regulation Article 45 – paragraph 1 a (new) Examination by the Agency of the individual technological specifications that are most suitable and of the apparatus shall be based on the risks posed by the operations for which these have been designed in this Regulation, in order to help the operator conduct flights safely and in line with safety regulations.
Amendment 637 #
Proposal for a regulation Article 46 – paragraph 1 1. Where the delegated acts adopted pursuant to Article 47 so provide with a view to achieving a
Amendment 638 #
Proposal for a regulation Article 46 – paragraph 1 1. Where the delegated acts adopted pursuant to Article 47 so provide with a view to achieving a
Amendment 639 #
Proposal for a regulation Article 46 – paragraph 1 1. Where the delegated acts adopted pursuant to Article 47 so provide with a view to achieving a
Amendment 640 #
Proposal for a regulation Article 46 – paragraph 1 1. Where the delegated acts adopted pursuant to Article 47 so provide with a view to achieving
Amendment 641 #
Proposal for a regulation Article 46 – paragraph 2 2. Where the delegated acts adopted pursuant to Article 47 so provide with a view to achieving a
Amendment 642 #
Proposal for a regulation Article 46 – paragraph 3 3. Where the delegated acts adopted pursuant to Article 47 so provide, given
Amendment 643 #
Proposal for a regulation Article 46 – paragraph 3 a (new) 3a. Member States may adopt or maintain in force legislative provisions ensuring a higher level of security or safety protection than those established in this Regulation and delegated acts.
Amendment 644 #
Proposal for a regulation Article 47 – paragraph 1 – introductory part 1. For the design, production, maintenance and operation of unmanned aircraft and their engines, propellers, parts, non-installed equipment and equipment to control the aircraft remotely, the Commission shall be empowered to adopt
Amendment 645 #
Proposal for a regulation Article 47 – paragraph 1 – point a (a) the conditions and procedures for issuing, maintaining, amending, suspending, or revoking the certificates for the design, production, maintenance and operation of unmanned aircraft referred to in Article 46 (1) and (2), including the conditions for situations in which, with a view to achieving the objectives set out in Article 1 and while taking account of the
Amendment 646 #
Proposal for a regulation Article 47 – paragraph 1 – point a a (new) (aa) the conditions and procedures shall contain provisions relating to lightweight unmanned aircraft;
Amendment 647 #
Proposal for a regulation Article 47 – paragraph 1 – point e (e) the registration, marking and identification of unmanned aircraft with a weight bigger than 250 grams and of certified unmanned aircraft in accordance with paragraph (a);
Amendment 648 #
Proposal for a regulation Article 47 – paragraph 1 – point e (e) the ma
Amendment 649 #
Proposal for a regulation Article 47 – paragraph 1 – point e (e) the mandatory registration, marking and identification of unmanned aircraft;
Amendment 650 #
Proposal for a regulation Article 47 – paragraph 1 – point e (e) the ma
Amendment 651 #
Proposal for a regulation Article 47 – paragraph 1 – point e a (new) (ea) the conditions and procedures under which the unmanned aircraft personnel including the remote pilots shall be subject to certification or declaration and shall be issued with a license and a medical certificate appropriate to the operation to be performed.
Amendment 652 #
Proposal for a regulation Article 47 – paragraph 1 – point e a (new) (ea) the conditions and procedures under which the operator of an unmanned aircraft shall demonstrate the required competence through a license or a declaration as applicable;
Amendment 653 #
Proposal for a regulation Article 47 – paragraph 1 – point e b (new) (eb) condition under which unmanned aircraft referred to in Article 46 (1) and (2) shall be equipped with the following, but not limited to, safety and security equipment: distance and altitude limitation, position communication, built- in geofencing, collision avoidance, stabilization and automated landing;
Amendment 654 #
Proposal for a regulation Article 47 – paragraph 1 – point f (f) the conditions under which operations of unmanned aircraft shall be prohibited, limited or subject to certain conditions in the interest of safety or security.
Amendment 655 #
Proposal for a regulation Article 47 – paragraph 1 – point f – indent 1 (new) - (g) the conditions and procedures for issuing, maintaining, amending, suspending, or revoking the certificates, or for making a declaration, for operation of unmanned aircraft shall take due account of, inter alia, weight or type of the unmanned aircraft, the nature of the operation and the area where the operation takes place;
Amendment 656 #
Proposal for a regulation Article 47 – paragraph 1 – point f a (new) (fa) the conditions and procedures under which an EU registration system or a compatible harmonized national registration system should be established. A registration system shall be an online data base that will assign a unique owner number and unmanned aircraft marking for an unmanned aircraft flown in any Member State.
Amendment 657 #
Proposal for a regulation Article 47 – paragraph 2 Amendment 658 #
Proposal for a regulation Article 47 – paragraph 2 2. As regards the design, production, maintenance and operation of unmanned aircraft and their engines, propellers, parts, non-installed equipment and equipment to control the aircraft remotely, the Commission shall be empowered, by means of
Amendment 659 #
Proposal for a regulation Article 47 – paragraph 2 2. As regards the design, production, maintenance and operation of unmanned aircraft and their engines, propellers, parts, non-installed equipment and equipment to control the aircraft remotely, the Commission shall be empowered, by means of delegated acts adopted in accordance with Article 117, to amend
Amendment 660 #
Proposal for a regulation Article 47 – paragraph 2 a (new) 2a. The certificates issued by the Agency and national aviation authorities and the declarations made by the legal and natural persons subject to the provisions of this Regulation shall be exclusively in conformity with the rules, conditions and procedures provided in this Article.
Amendment 661 #
Proposal for a regulation Article 49 – paragraph 3 3. The authorisations and declarations referred to in paragraphs 1 and 2 shall only be required in respect of the operation of aircraft into, within or out of the
Amendment 662 #
Proposal for a regulation Article 50 – paragraph 1 – introductory part 1. For the aircraft referred to in Article 2(1)(c), as well as their aircrew and their operations, the Commission shall be empowered to adopt
Amendment 663 #
Proposal for a regulation Article 50 – paragraph 2 a (new) 2a. The certificates issued by the Agency and national aviation authorities and the declarations made by the legal and natural persons subject to the provisions of this Regulation shall be exclusively in conformity with the rules, conditions and procedures provided in this Article.
Amendment 664 #
Proposal for a regulation Article 51 – paragraph 3 – subparagraph 2 The Agency shall be responsible where those tasks have been attributed to it pursuant to Articles 53, 54, 55, 66, 67, 67a, 67b, 68, 69 and 70.
Amendment 665 #
Proposal for a regulation Article 51 – paragraph 3 – subparagraph 3 The national competent authority of the Member State where the aerodrome is located shall be responsible for those tasks with respect to the aerodrome certificate referred to in Article 30(1) and the certificate for an organisation responsible for the operation of an aerodrome referred to in Article 32(1).
Amendment 666 #
Proposal for a regulation Article 51 – paragraph 3 – subparagraph 4 In all other cases, the national competent authority of the Member State where the natural person applying for the certificate or making the declaration resides, or, in case of legal persons, where the person has its pri
Amendment 667 #
Proposal for a regulation Article 51 – paragraph 3 – subparagraph 4 In all other cases, the national competent authority of the Member State where the natural person applying for the certificate or making the declaration resides, or, in case of legal persons, where the person has its pri
Amendment 668 #
Proposal for a regulation Article 51 – paragraph 3 – subparagraph 5 – point a (a) aero-medical examiners, aero- medical centres and general medical practitioners shall be responsible for issuing the pilot medical certificates referred to in Article 20(3) and the air traffic controller medicals certificates referred to in Article 41(1) and the air traffic safety electronics personnel certificates;
Amendment 669 #
Proposal for a regulation Article 51 – paragraph 3 – subparagraph 5 – point b (b) pilot and cabin crew training organisations that have been issued an approval in accordance with Article 22 and operators that have been issued a certificate in accordance with Article 27 shall be responsible for issuing the cabin crew
Amendment 670 #
Proposal for a regulation Article 51 – paragraph 6 6. In order to facilitate the exercise of their tasks related to certification, oversight and enforcement, the Commission, the Agency
Amendment 671 #
Proposal for a regulation Article 51 – paragraph 6 6. In order to facilitate the exercise of their tasks related to certification, oversight and enforcement, the Commission, the Agency, and national competent authorities
Amendment 672 #
Proposal for a regulation Article 51 – paragraph 6 6. In order to facilitate the exercise of their tasks related to certification, oversight and enforcement, the Commission, the Agency
Amendment 673 #
Proposal for a regulation Article 51 – paragraph 8 8. Any legal or natural person subject to this Regulation may bring to the attention of the Agency any alleged differences in the application of the rules between the Member States. Where such differences affects the civil aviation safety, seriously hamper the operation of those persons, or otherwise lead to substantial difficulties, the Agency and the national competent authorities of the Member States concerned shall cooperate to eliminate those differences
Amendment 674 #
Proposal for a regulation Article 51 – paragraph 8 8. Any legal or natural person subject to this Regulation may bring to the attention of the Agency any alleged differences in the application of the rules between the Member States. Where such differences are not justified on safety grounds and seriously hamper the operation of those persons, or otherwise lead to substantial difficulties, the Agency and the national competent authorities of the Member States concerned shall cooperate to address, and where necessary eliminate those differences without undue delay. Where those differences cannot be eliminated, the Agency shall present the matter to the Commission.
Amendment 675 #
Proposal for a regulation Article 51 – paragraph 8 8. Any legal or natural person subject to this Regulation may bring to the attention of the Agency any alleged differences in the application of the rules between the Member States. Where such differences seriously hamper the operation of those persons, or otherwise lead to substantial difficulties, the Agency and the national competent authorities of the Member States concerned shall cooperate
Amendment 676 #
Proposal for a regulation Article 51 – paragraph 9 9. The Agency and the national competent authorities shall undertake the necessary and effective actions to increase and promote awareness of civil aviation safety and disseminate safety-related information relevant for the prevention of accidents and incidents.
Amendment 677 #
Proposal for a regulation Article 51 – paragraph 10 – point g (g) in respect of paragraph 3, the conditions for allocation of responsibilities to aero-medical examiners and aero- medical centres for the purpose of issuing pilot medical certificates and air traffic controller medical certificates, air traffic safety electronics personnel medical certificates, as well as the conditions under which general medical practitioners shall be given such responsibilities, with a view to ensuring effective performance of the tasks related to medical certification of pilots and air
Amendment 678 #
Proposal for a regulation Article 51 – paragraph 10 – point h a (new) (ha) the conditions and procedures for the accreditation by the Agency of the entities which are to be designated as a national aviation authority of a Member State, for the purpose of paragraph 2a and for the accreditation by the Agency or by the national aviation authority of a qualified entity.
Amendment 679 #
Proposal for a regulation Article 52 Amendment 680 #
Proposal for a regulation Article 52 – paragraph 1 1. The Agency shall establish, in cooperation with the national competent authorities, a mechanism for the pooling and sharing of inspectors and other personnel, only as a temporary safeguard or as a harmonization tool, with expertise relevant for the exercise of the certification and oversight tasks under this Regulation. To that end, the Agency shall define and communicate to the national competent authorities the required qualification and experience profiles on the basis of which those authorities shall designate, subject to availability, candidates for participation in the pooling and sharing mechanism in the role of European aviation inspectors.
Amendment 681 #
Proposal for a regulation Article 52 – paragraph 2 2. The Agency and each national competent authority may request assistance from the European aviation inspectors in the performance of oversight and certification activities, as a harmonization tool or as a temporary safeguard. The Agency shall coordinate those requests and develop appropriate procedures for that purpose, in consultation with the national competent authorities.
Amendment 682 #
Proposal for a regulation Article 52 – paragraph 3 3. The European aviation inspectors shall perform their oversight and certification activities under the control, instructions and responsibility of the Agency
Amendment 683 #
Proposal for a regulation Article 52 – paragraph 4 4. The costs of the assistance provided by the European aviation inspectors designated by national competent authorities shall be covered by fees. To that end, the Agency shall invoice, on behalf of the national competent authority that incurred the costs, the legal or natural person which was subject to the certification and oversight activities performed by those inspectors. The costs should be of a comparable level to the charges that the national authority concerned would levy. The Agency shall transfer the amount collected from that person to the national competent authority concerned.
Amendment 684 #
Proposal for a regulation Article 52 – paragraph 4 4. The costs of the assistance provided by the European aviation inspectors
Amendment 687 #
Proposal for a regulation Article 53 – paragraph 1 Amendment 688 #
Proposal for a regulation Article 53 – paragraph 1 – subparagraph 1 Amendment 689 #
Proposal for a regulation Article 53 – paragraph 1 – subparagraph 1 Member States may transfer, only as a temporary safeguard, to the Agency the responsibility for the certification, oversight and enforcement with respect to any or all organisations, operators, personnel, aircraft, flight simulation training devices or aerodromes for which the Member State concerned is responsible under this Regulation
Amendment 690 #
Proposal for a regulation Article 53 – paragraph 1 – subparagraph 2 Amendment 691 #
Proposal for a regulation Article 53 – paragraph 2 Amendment 692 #
Proposal for a regulation Article 53 – paragraph 2 – subparagraph 3 In relation to the exercise of that responsibility, the provisions of Chapters II and IV and Articles 120 and 121, as well as the applicable provisions of the national law of the Member State to which the responsibility is transferred shall apply. The national law of the state that the responsibility has transferred from shall continue to apply in respect of any criminal proceedings against any organisation, operator, personnel, aircraft, flight simulation training devices or aerodromes.
Amendment 693 #
Proposal for a regulation Article 53 – paragraph 2 – subparagraph 3 In relation to the exercise of that responsibility, the provisions of Chapters II and IV and Articles 120 and 121
Amendment 694 #
Proposal for a regulation Article 53 – paragraph 2 – subparagraph 3 In relation to the exercise of that responsibility, the provisions of Chapters II and IV and Articles 120 and 121
Amendment 695 #
Proposal for a regulation 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 demonstrates 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 696 #
Proposal for a regulation Article 53 – paragraph 3 3. The Agency or a Member State, as
Amendment 697 #
Proposal for a regulation 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 proves 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 sufficient resources to do so.
Amendment 698 #
Proposal for a regulation Article 53 – paragraph 3 3.
Amendment 699 #
Proposal for a regulation Article 53 – paragraph 3 3.
Amendment 700 #
Proposal for a regulation 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
Amendment 701 #
Proposal for a regulation 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
Amendment 702 #
Proposal for a regulation 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 concerned by the transfer and, in case of a transfer referred to in paragraph 2, the Agency shall be consulted on that transition plan before it is finalised. Before the transfer, the Member State must, together with the Agency or the other Member State, if appropriate in consultation with the relevant stakeholder groups, perform an impact assessment to ascertain the legal, economic, labour- policy and social-policy implications.
Amendment 703 #
Proposal for a regulation 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
Amendment 704 #
Proposal for a regulation Article 53 – paragraph 4 – subparagraph 1 When a Member State intends to transfer certain responsibilities in accordance with paragraph
Amendment 705 #
Proposal for a regulation Article 53 – paragraph 4 – subparagraph 1 When a Member State intends to transfer certain responsibilities in accordance with paragraph
Amendment 706 #
Proposal for a regulation Article 53 – paragraph 4 – subparagraph 2 The
Amendment 707 #
Proposal for a regulation Article 53 – paragraph 4 – subparagraph 2 The
Amendment 708 #
Proposal for a regulation Article 53 – paragraph 5 – subparagraph 1 Amendment 709 #
Proposal for a regulation Article 53 – paragraph 5 – subparagraph 1 Amendment 710 #
Proposal for a regulation Article 53 – paragraph 5 – subparagraph 1 The Agency shall make available, through the repository established under Article 63, a list of Member States that have transferred certain responsibilities in accordance with this Article. That list shall include details about the responsibilities transferred, allowing for the clear identification of the responsibilities after the transfer and of the affected organisations, operators, personnel, aircraft, flight simulation training devices or aerodromes, as applicable. The list shall also detail appropriate points of contact and detailed procedures on how it intends to discharge those responsibilities transferred within the state concerned.
Amendment 711 #
Proposal for a regulation Article 53 – paragraph 6 6. This Article shall be without prejudice to the rights and obligations of
Amendment 712 #
Proposal for a regulation Article 53 – paragraph 6 6. This Article shall be without prejudice to the rights and obligations of the Member States under the Chicago Convention. When a Member State transfers responsibilities in accordance with this Article which are attributed to it by the Chicago Convention, it shall notify the ICAO about the fact that
Amendment 713 #
Proposal for a regulation Article 53 – paragraph 6 – indent 1 (new) - 7. The Agency shall after consultation with the Member States, establish permanent contact points in those Member States where its presence seems necessary in order to ensure that responsibilities in the field of aviation safety are met within the scope of this regulation.
Amendment 714 #
Proposal for a regulation Article 53 – paragraph 6 a (new) 6a. The Agency shall, in consultation with the Member State, establish physical presence in those Member States where its presence is deemed necessary in order to support the exercise of the responsibilities transferred to it in accordance with paragraph 1.
Amendment 715 #
Proposal for a regulation Article 53 a (new) Article 53a The Agency shall, in consultation with the Member States, establish offices in those Member States where its presence is considered necessary in order to achieve and fulfil the responsibilities pursuant to paragraphs 1 or 2, so it may effectively exercise the transferred responsibilities as laid down in this Regulation.
Amendment 716 #
Proposal for a regulation Article 54 – title Amendment 717 #
Proposal for a regulation Article 54 – paragraph 1 – subparagraph 1 An organisation may request the Agency to act as the competent authority responsible for the certification, oversight and enforcement tasks with respect to that organisation, in deviation from Article 51(
Amendment 718 #
Proposal for a regulation Article 54 – paragraph 1 – subparagraph 1 Amendment 719 #
Proposal for a regulation Article 54 – paragraph 1 – subparagraph 1 An organisation may, in conjunction with the national competent authorities concerned, request the Agency to act as the competent authority responsible for the certification, oversight and enforcement with respect to that organisation, in deviation from Article 51(3), where that organisation holds or is eligible to apply for a certificate in accordance with the provisions of Chapter III to the national competent authority from one Member State, but it has or it intends to have substantial facilities and personnel covered by that certificate located in one or more other Member States.
Amendment 720 #
Proposal for a regulation Article 54 – paragraph 1 – subparagraph 2 Amendment 721 #
Proposal for a regulation Article 54 – paragraph 1 – subparagraph 2 Such a request may also be made by two or more organisations, each of which has a principal place of business in a different Member State and each of which holds or is eligible to apply for a certificate in accordance with the provisions of Chapter III for the same type of aviation activity. That request may be made only with the agreement of all national competent authorities of the Member States of establishment.
Amendment 722 #
Proposal for a regulation Article 54 – paragraph 1 – subparagraph 3 Amendment 723 #
Proposal for a regulation Article 54 – paragraph 1 – subparagraph 3 Where the organisations referred to in the first and second subparagraph make such a request, stating reasons, they shall inform the national competent authorities of the Member States in which they have their principal places of business, who must for their part give their consent. The respective national authorities must state reasons for rejecting the request.
Amendment 724 #
Proposal for a regulation Article 54 – paragraph 1 – subparagraph 3 Where the organisations referred to in the first and second subparagraph make such a request, they shall
Amendment 725 #
Proposal for a regulation Article 54 – paragraph 1 – subparagraph 3 Amendment 726 #
Proposal for a regulation Article 54 – paragraph 1 – subparagraph 3 Where
Amendment 727 #
Proposal for a regulation Article 54 – paragraph 1 – subparagraph 3 Where the organisations referred to in the first and second subparagraph make such a request, they shall
Amendment 728 #
Proposal for a regulation Article 54 – paragraph 2 – subparagraph 1 Where the Agency considers that it can effectively exercise the re
Amendment 729 #
Proposal for a regulation Article 54 – paragraph 2 – subparagraph 1 Where the Agency considers and demonstrates that it can effectively exercise the responsibilities for the certification, oversight and enforcement, as requested, in compliance with this Regulation and the delegated acts adopted on the basis thereof, it shall establish, jointly with the Member State or Member States concerned, as applicable, a transition plan that ensures an orderly transfer of those responsibilities. The organisations that requested the transfer
Amendment 730 #
Proposal for a regulation Article 54 – paragraph 2 – subparagraph 1 Where the Agency
Amendment 731 #
Proposal for a regulation Article 54 – paragraph 2 – subparagraph 1 Amendment 732 #
Proposal for a regulation Article 54 – paragraph 2 – subparagraph 1 Where the Agency considers and demonstrates that it can effectively exercise the responsibilities for the certification, oversight and enforcement, as requested, in compliance with this Regulation and the delegated acts adopted on the basis thereof, and demonstrates that it has the necessary resources to do so, it shall establish, jointly with the Member State or Member States concerned, as applicable, a transition plan that ensures an orderly transfer of those responsibilities. The organisations that requested the transfer, including the stakeholders concerned, shall be consulted on this transition plan before it is finalised.
Amendment 733 #
Proposal for a regulation Article 54 – paragraph 2 – subparagraph 1 Where the Agency considers that it can effectively exercise the responsibilities for the certification, oversight and enforcement, as requested, in compliance with this Regulation and the delegated acts adopted on the basis thereof, using the resources available, it shall establish, jointly with the Member State or Member States concerned, as applicable, a transition plan that ensures an orderly transfer of those responsibilities. The organisations that requested the transfer shall be consulted on this transition plan before it is finalised, as shall groups of relevant stakeholders.
Amendment 734 #
Proposal for a regulation Article 54 – paragraph 2 – subparagraph 2 Amendment 735 #
Proposal for a regulation Article 54 – paragraph 2 – subparagraph 2 The Agency and the Member State or Member States concerned, as applicable, shall ensure that the transfer of the
Amendment 736 #
Proposal for a regulation Article 54 – paragraph 3 3. Upon the transfer of
Amendment 737 #
Proposal for a regulation Article 54 – paragraph 3 a (new) 3a. The level of oversight and enforcement with respect to the organisations requesting the agency to exercise these responsibilities shall not be in any case lower to level of the competent national authorities that were originally responsible.
Amendment 738 #
Proposal for a regulation Article 54 – paragraph 4 4. The provisions of Article 53(5) and (6) shall apply accordingly to any transfer of
Amendment 739 #
Proposal for a regulation Article 55 – title Amendment 741 #
Proposal for a regulation Article 55 – paragraph 1 – introductory part 1. The Agency shall recommend to a Member State the
Amendment 742 #
Proposal for a regulation Article 55 – paragraph 2 2. Where the Member State concerned did not either give effect to the Agency's recommendation or remedy the deficiencies within 3 months from the date of that recommendation,
Amendment 743 #
Proposal for a regulation Article 55 – paragraph 2 2. Where the Member State concerned did not either give effect to the Agency's recommendation or remedy the deficiencies within 3 months from the date of that recommendation, the Commission
Amendment 744 #
Proposal for a regulation Article 55 – paragraph 2 2. Where the Member State concerned did not either give effect to the Agency's recommendation or remedy the deficiencies within 3 months from the date of that recommendation, the Commission may decide, when it considers that the conditions of paragraph 1 are met, that the responsibility for the certification, oversight and enforcement tasks concerned shall be temporarily
Amendment 745 #
Proposal for a regulation Article 55 – paragraph 2 2. Where the Member State concerned did not either give effect to the Agency's recommendation or remedy the deficiencies within 3 months from the date of that recommendation, the Commission may decide, when it considers that the conditions of paragraph 1 are met, that the responsibility for the certification, oversight and enforcement tasks concerned
Amendment 746 #
Proposal for a regulation Article 55 – paragraph 3 3. From the date at which the implementing decision referred to in paragraph 2 takes effect, the Agency shall assess on a regular basis whether the condition of paragraph 1(c) continues to be met. Where it considers that that condition is no longer met, it shall issue a recommendation to the Commission to terminate the
Amendment 747 #
Proposal for a regulation Article 55 – paragraph 4 – subparagraph 1 When the Commission considers, taking into account that recommendation, that the condition of paragraph 1(c) is no longer
Amendment 748 #
Proposal for a regulation Article 55 – paragraph 5 Amendment 749 #
Proposal for a regulation Article 55 – paragraph 5 Amendment 750 #
Proposal for a regulation Article 55 – paragraph 6 Amendment 751 #
Proposal for a regulation Article 55 – paragraph 6 Amendment 752 #
Proposal for a regulation Article 56 – paragraph 1 1. Certificates issued and declarations made in accordance with this Regulation and the delegated and implementing acts adopted on the basis thereof shall be valid in all Member States, without further requirements or evaluation. In cases in which additional national requirements are necessary in accordance with this Regulation and on the basis of delegated acts and implementing acts which have been adopted, the national provisions of those Member States shall apply in which the activity is performed.
Amendment 753 #
Proposal for a regulation Article 57 – paragraph 1 – point b (b) the delegated acts adopted on the basis of
Amendment 754 #
Proposal for a regulation Article 57 – paragraph 1 – point b a (new) (ba) or international bilateral agreements concerning the recognition of certificates concluded between a Member State and a third country;
Amendment 755 #
Proposal for a regulation Article 57 – paragraph 1 a (new) The Commission shall be empowered to adopt delegated acts in accordance with the Article 117 in order to lay down detailed rules with regard to acceptance of certificates and other documentation attesting compliance with civil aviation rules issued in accordance with the laws of a third country.
Amendment 756 #
Proposal for a regulation Article 58 – paragraph 1 – subparagraph 1 The Agency and the national
Amendment 757 #
Proposal for a regulation Article 59 – paragraph 2 – subparagraph 1 Where the duration of the measures referred to in paragraph 1 exceeds
Amendment 758 #
Proposal for a regulation Article 59 – paragraph 2 – subparagraph 1 Where the duration of the measures referred to in paragraph 1 exceeds
Amendment 759 #
Proposal for a regulation Article 59 – paragraph 2 – subparagraph 1 Where the duration of the measures referred to in paragraph 1 exceeds
Amendment 760 #
Proposal for a regulation Article 59 – paragraph 2 – subparagraph 1 Where the duration of the measures referred to in paragraph 1 exceeds
Amendment 761 #
Proposal for a regulation Article 60 – paragraph 1 – point b (b) a
Amendment 762 #
Proposal for a regulation Article 60 – paragraph 1 – point b (b) an
Amendment 763 #
Proposal for a regulation Article 60 – paragraph 2 – subparagraph 1 Where the duration of the exemptions
Amendment 764 #
Proposal for a regulation Article 60 – paragraph 2 – subparagraph 1 Where the duration of the exemptions referred to in paragraph 1 exceeds
Amendment 765 #
Proposal for a regulation Article 60 – paragraph 2 – subparagraph 1 Where the duration of the exemptions referred to in paragraph 1 exceeds
Amendment 766 #
Proposal for a regulation Article 60 – paragraph 2 – subparagraph 1 Where the duration of the exemptions referred to in paragraph 1 exceeds
Amendment 767 #
Proposal for a regulation Article 60 – paragraph 3 – subparagraph 1 Where a Member State considers that the compliance with the applicable essential requirements set out in the Annexes can be demonstrated by other means than those laid down in the delegated and implementing acts adopted on the basis of this Regulation, and that those means present significant advantages in terms of civil aviation safety
Amendment 768 #
Proposal for a regulation Article 60 – paragraph 3 – subparagraph 1 Where a Member State considers that the compliance with the applicable essential requirements set out in the Annexes can be demonstrated by other means than those laid down in the delegated and implementing acts adopted on the basis of this Regulation, and that those means present significant advantages in terms of civil aviation safety or of efficiency for the persons subject to this Regulation or for the authorities concerned, it may submit to the Commission and the Agency, through the repository established under Article 63, a reasoned request
Amendment 769 #
Proposal for a regulation Article 60 – paragraph 3 – subparagraph 1 Where a Member State considers that the compliance with the applicable essential
Amendment 770 #
Proposal for a regulation Article 60 – paragraph 3 – subparagraph 2 In that case, the Agency shall, with
Amendment 771 #
Proposal for a regulation Article 60 – paragraph 3 – subparagraph 3 – point 1 (new) (1) Where an equivalent level of protection to that attained by the application of the rules implementing this Regulation can be achieved by other means, Member States may, without discrimination on grounds of nationality, grant an approval derogating from those implementing rules. In such cases, the Member State concerned shall notify the Agency and the Commission that it intends to grant such an approval, and shall give reasons demonstrating the need to derogate from the rule concerned, as well as the conditions laid down to ensure that an equivalent level of protection is achieved.
Amendment 772 #
Proposal for a regulation Article 61 – paragraph 2 2. The Agency shall coordinate at Union level the gathering, exchange and analysis of information on matters falling within the scope of this Regulation including secured flight data and cockpit voice recordings downloaded to a ground database in real time. For that purpose, the Agency may enter into administrative arrangements with legal and natural persons subject to this Regulation, or associations of such persons, on information gathering, exchange and analysis. This may include the establishment of a European partnership, based on the principle of voluntary participation, with the objective to improve aviation safety and environment. The arrangements should provide, as far as possible, existing channels, avoiding additional burden.
Amendment 773 #
Proposal for a regulation Article 61 – paragraph 2 2. The Agency shall coordinate at Union level the gathering, exchange and analysis of information on matters falling within the scope of this Regulation. For that purpose, the Agency may enter into administrative arrangements with legal and natural persons subject to this Regulation, or associations of such persons, on information gathering, exchange and analysis. The Commission, the Agency and Member States shall cooperate to ensure that the necessary information is gathered, if possible through existing channels, without any additional notification requirements being introduced.
Amendment 774 #
Proposal for a regulation Article 61 – paragraph 2 2. The Agency shall coordinate at Union level the gathering, exchange and analysis of information on matters falling within the scope of this Regulation, without imposing an additional administrative burden, and taking into account the need for data protection. For that purpose, the Agency may enter into administrative arrangements with legal and natural persons subject to this Regulation, or associations of such persons, on information gathering, exchange and analysis.
Amendment 775 #
Proposal for a regulation Article 61 – paragraph 2 2. The Agency shall coordinate at Union level the gathering, exchange and analysis of information on matters falling within the scope of this Regulation. For that purpose, the Agency may enter into administrative arrangements with legal and natural persons subject to this Regulation, or associations of such persons, on information gathering, exchange and analysis. The arrangements should provide, as far as possible, existing channels, avoiding additional burden. (Identical to rapporteur's amendment 152.)
Amendment 776 #
Proposal for a regulation Article 61 – paragraph 2 2. The Agency shall coordinate at Union level the gathering, exchange and analysis of information on matters falling within the scope of this Regulation. For that purpose, the Agency may enter into administrative arrangements with legal and natural persons subject to this Regulation, or associations of such persons, on information gathering, exchange and analysis, through, as far as possible, existing channels, avoiding additional administrative burden.
Amendment 777 #
Proposal for a regulation Article 61 – paragraph 6 6. In order to inform the general public of the overall level of civil aviation safety in the Union, the Agency shall publish annually, or under special circumstances when needed, a safety review. That review shall contain an analysis of the general safety situation in wording that is simple and easy to understand and it shall indicate whether there are increased safety risks.
Amendment 778 #
Proposal for a regulation Article 63 – paragraph 1 – subparagraph 2 – point a (a) certificates issued and declarations received by the Agency and by national
Amendment 779 #
Proposal for a regulation Article 63 – paragraph 1 – subparagraph 2 – point m a (new) (ma) data on general aviation in the Union, including the number of aircraft registered and pilot certificates issued as well as the authorisations pertaining thereto;
Amendment 780 #
Proposal for a regulation Article 63 – paragraph 1 – subparagraph 2 – point m a (new) (ma) recommendations and binding directives of the Agency concerning flights above conflict zones, issued in accordance with Article 76(3);
Amendment 781 #
Proposal for a regulation Article 63 – paragraph 1 – subparagraph 2 – point m a (new) (ma) safety reports submitted to the Agency Under Regulation (EU) 376/2014;
Amendment 782 #
Proposal for a regulation Article 63 – paragraph 3 a (new) 3a. For the sake of improving aviation safety the agency should collect, anonymise and store safety reports and make them publicly available.
Amendment 783 #
Proposal for a regulation 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 784 #
Proposal for a regulation Article 63 – paragraph 4 a (new) 4a. The agency should collect safety reports and store them in an anonymously manner and make them publicly available.
Amendment 785 #
Proposal for a regulation Article 63 – paragraph 6 – subparagraph 1 Without prejudice to paragraph 7, the Commission, the Agency, national
Amendment 786 #
Proposal for a regulation Article 63 – paragraph 6 – subparagraph 2 Where relevant, the Commission and the Agency may disseminate certain information included in the repository, other than information referred to in paragraph 2, to interested parties
Amendment 787 #
Proposal for a regulation Article 63 a (new) Article 63a European Register of Unmanned Aircraft 1. The Agency shall establish and manage, in cooperation with the Commission and the national competent authorities, a European Register of Unmanned Aircraft. 2. This Register shall be easy to use and established in accordance with Directive 95/46/EC of the European Parliament and of the Council1 a. 3. Each person owning and operating these aircraft within the Union has to be entered on the Register and given an owner’s number. 4. The numbers given to the owners of these unmanned aircraft shall be recorded in the Register, which shall be set up as an online platform. 5. Owners operating these aircraft within the Union shall have their owner’s number inscribed physically and in a visible manner on these aircraft. __________________ 1a 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 (OJ L 281, 23.11.1995, p. 31).
Amendment 789 #
Proposal for a regulation Article 64 Amendment 790 #
Proposal for a regulation Article 64 – paragraph 2 – point i (i) cooperate with other Union institutions, bodies, offices and agencies in areas where their activities relate to technical aspects of civil aviation. In these cases, the costs of such activities shall not be borne by EASA.
Amendment 792 #
Proposal for a regulation Article 65 – paragraph 1 1. The Agency shall, upon request, from the Commission or any legal or natural person subject to this Regulation, assist the Commission in the preparation of proposals for amendments to this Regulation and of delegated and implementing acts to be adopted on the basis of this Regulation. These proposals shall, where possible, lay down requirements that focus on the objectives to be achieved, while allowing different means of achieving compliance with these objectives. The documents
Amendment 793 #
Proposal for a regulation Article 65 – paragraph 1 1. The Agency shall
Amendment 794 #
Proposal for a regulation Article 65 – paragraph 2 a (new) 2a. The Agency shall issue recommendations addressed to the Commission upon request from any natural or legal person subject to this Regulation, pursuant to the provisions of Chapter III, other than the essential requirements laid down in those provisions, or to the delegated or implementing acts, to grant exemptions from the requirements applicable to that person adopted on the basis of those provisions in the event of urgent unforeseeable circumstances affecting those persons or urgent operational needs of those persons, where all of the following conditions have been met: a) it is not possible to adequately address those circumstances or needs in compliance with the applicable requirements; b) an acceptable level of safety and environmental protection and compliance with the applicable essential requirements is ensured, where necessary through the application of mitigation measures; The Commission shall review that recommendation without delay and, within one month from the date of its reception, adopt an implementing decision for the disposition of that recommendation, which shall be published in the Official Journal of the European Union and entered into the repository established under Article 63.
Amendment 795 #
Proposal for a regulation Article 65 – paragraph 4 – subparagraph 1 The Agency shall take the appropriate decisions for the application of Articles 53, 54, 55, 66, 67, 67a, 67b, 68, 69, 70, 71 and 73.
Amendment 796 #
Proposal for a regulation 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.
Amendment 797 #
Proposal for a regulation 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).
Amendment 798 #
Proposal for a regulation 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 eight consecutive months or where the Agency has granted the same exemption repetitively and their total duration exceeds
Amendment 799 #
Proposal for a regulation 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
Amendment 800 #
Proposal for a regulation 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
Amendment 801 #
Proposal for a regulation Article 65 – paragraph 5 a (new) 5a. The Agency shall issue the appropriate binding directives for the application of Article 68(2)(ba)
Amendment 802 #
Proposal for a regulation Article 65 – paragraph 6 Amendment 803 #
Proposal for a regulation Article 65 – paragraph 6 Amendment 804 #
Proposal for a regulation Article 65 – paragraph 6 6. The Agency shall react without undue delay to an urgent safety problem falling within the scope of this Regulation and its area of competence by determining corrective action to be taken by national competent authorities or legal and natural persons subject to the provisions of this Regulation
Amendment 805 #
Proposal for a regulation Article 65 – paragraph 6 Amendment 806 #
Proposal for a regulation Article 65 – paragraph 6 Amendment 808 #
Proposal for a regulation Article 66 – paragraph 1 – introductory part 1. With regard to the products, parts and non-installed equipment referred to in Article 2(1)(a)
Amendment 809 #
Proposal for a regulation Article 66 – paragraph 1 – point i (i) ensure the continuing airworthiness functions associated with the design of products, the design of parts and non- installed equipment it has certified and in respect of which it performs oversight, including reacting without undue delay to a flight safety or security problem and issuing and disseminating the applicable mandatory information;
Amendment 810 #
Proposal for a regulation Article 67 Amendment 811 #
Proposal for a regulation Article 67 a (new) Amendment 812 #
Proposal for a regulation Article 67 b (new) Article 67b Air operators certification The Agency shall, where applicable and as specified in the Chicago Convention or the Annexes thereto, carry out on behalf of Member States the functions and tasks of the State of Operator with regard to air operators referred to in Article 27(1) and engaged in commercial air transport operations: (a) between aerodromes located in the territories of different Member States; (b) involving an aerodrome located outside the territory of a Member State. To that end, the Agency shall be responsible for the tasks related to certification, oversight and enforcement, in accordance with Article 51(2), with respect to those operators.
Amendment 813 #
Proposal for a regulation Article 68 Amendment 814 #
Proposal for a regulation Article 68 – paragraph 2 – point b a (new) (ba) in order to assure the continuity in the provision of ATM/ANS in Single European Sky airspace the Agency, in close cooperation with the Network Manager shall issue binding directives in accordance with the delegated act referred to in Article 39(1)(a)
Amendment 815 #
Proposal for a regulation Article 69 A
Amendment 816 #
Proposal for a regulation Article 69 – paragraph 1 The Agency shall be responsible for the tasks related to certification, oversight, and enforcement in accordance with Article 51(3) with respect to the certificates for the air traffic controller training organisations referred to in Article 42, where those organisations have their principal place of business located outside the territory for which a Member State is responsible under the Chicago Convention, as well as for providing training for air traffic control officers who will exercise the privileges contained in their licences in the territory where the Treaties apply, and, where relevant, their personnel.
Amendment 817 #
Proposal for a regulation Article 69 – paragraph 1 – indent 1 (new) - Article 70 (new) Air traffic safety electronics personnel certification The Agency shall be responsible for the tasks related to certification, oversight, and enforcement in accordance with Article 51(3) with respect to the certificates for the air traffic safety electronics personnel training organisations referred to in Article XX, where those organisations have their principal place of business located outside the territory for which a Member State is responsible under the Chicago Convention and, where relevant, their personnel.
Amendment 818 #
Proposal for a regulation Article 70 Amendment 819 #
Proposal for a regulation Article 70 – paragraph 3 3. The Agency shall, upon request, assist the Commission in the implementation of Regulation (EC) No 2111/2005 by conducting all the necessary safety assessments, including on-site visits, of third country operators and authorities responsible for their oversight. It shall provide the results of those assessments, with appropriate recommendations, to the Commission.
Amendment 822 #
Proposal for a regulation Article 72 – paragraph 1 – introductory part 1. The Commission
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