2020/0264(COD) Capacity of the European Union Aviation Safety Agency to act as Performance Review Body of the Single European Sky
Lead committee dossier:
Progress: Awaiting Parliament's position in 1st reading
| Role | Committee | Rapporteur | Shadows |
|---|---|---|---|
| Lead | TRAN | ||
| Former Responsible Committee | TRAN |
LIBERADZKI Bogusław ( S&D)
|
Lead committee dossier:
Legal Basis:
TFEU 100-p2, TFEU 153-p2
Legal Basis:
TFEU 100-p2, TFEU 153-p2Subjects
Events
2024/11/13
EP - Committee referral announced in Parliament, 1st reading
2021/07/07
EP - Committee decision to enter into interinstitutional negotiations confirmed by plenary (Rule 71)
2021/07/05
EP - Committee decision to enter into interinstitutional negotiations announced in plenary (Rule 71)
2021/06/28
EP - Committee report tabled for plenary, 1st reading
Details
The Committee on Transport and Tourism adopted the report by Bogusław LIBERADZKI (S&D, PL) on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EU) 2018/1139 as regards the capacity of the European Union Aviation Safety Agency to act as Performance Review Body of the Single European Sky.
The amended proposal for the implementation of the Single European Sky provides for the establishment of a permanent Performance Review Body (PRB), which will be integrated into the European Union Aviation Safety Agency (EASA).
The committee responsible recommended that the European Parliament's position adopted at first reading under the ordinary legislative procedure should amend the proposal as follows:
Strengthening independence
Members recommended strengthening the independence of the new PRB: the tasks entrusted to the Agency acting as PRB should be carried out with the required expertise and in complete independence from governmental or private interests. In this context, the Agency should be provided with resources specifically dedicated to the new tasks, including staffing and structures.
The Regulatory Board for Performance Review should be fully independent and should not seek or take instructions or accept recommendations from any Member State government, the Commission, EASA or any other public or private entity. The Regulatory Board for Performance Review should appoint the Director for Performance Review.
Fines and periodic penalty payments
The Commission could, at the request of the Agency acting as PRB, impose on a legal or natural person responsible for the performance of air navigation service providers at least one of the following: (a) a fine, where that person has infringed, intentionally or negligently, any of the provisions of Regulation [amended SES II+], (b) the payment of a periodic penalty payment where that person continues to infringe any of those provisions, in order to compel compliance with those provisions.
The amount of the fines should not exceed 4% of the annual income or turnover of the natural or legal person concerned. The amount of the periodic penalty payment would not exceed 2.5% of the average daily income or turnover of the natural or legal person concerned.
The Court of Justice should have unlimited jurisdiction to rule on appeals against Commission decisions taken under these provisions. It could cancel, reduce or increase the fine or periodic penalty payment imposed.
Director for Performance Review
The Director of Performance Review should be appointed on the basis of merit and skills and experience in the aeronautical industry or in the economic regulation of network industries, from a list of at least three candidates proposed by the Commission and following an open and transparent selection procedure.
The Director responsible for performance assessment should not have held any professional position or responsibility with any air navigation service provider or airline company for the one year prior to the appointment.
Climate and environmental performance
In the framework of the European Green Deal, the actors involved in the activity of EASA as a quality assessment body should act with particular attention to climate and environmental performance.
To this end, the amended Regulation provides that the members of the Regulatory Performance Assessment Committee and their alternates should have scientific knowledge and expertise on the environmental and climatic impacts of the aviation sector.
The Regulatory Board for Performance Review may invite any person whose opinion may be of interest, including scientific experts in the field of climate and environmental performance, to attend its meetings with observer status.
The Advisory Board for Performance Review should also include a non-voting representative of the Commission and an alternate with expertise and knowledge of the environmental and climate impact of aviation.
Powers of the Appeal Board for Performance Review
The proposal provides for the establishment of an Appeal Board for Performance Review to decide on appeals against decisions taken by the Agency acting as an PRB.
An amendment specifies that the Board of Appeal should be independent of the Regulatory Board for Performance Review, the Advisory Board for Performance Review and the Director of Performance Review.
Committee report tabled for plenary, 1st reading/single reading
Documents
2021/06/17
EP - Vote in committee, 1st reading
2021/06/17
EP - Committee decision to open interinstitutional negotiations with report adopted in committee
2020/12/15
ES_PARLIAMENT - Contribution
Documents
2020/11/13
EP - LIBERADZKI Bogusław (S&D) appointed as rapporteur in TRAN
2020/10/22
EP - Committee referral announced in Parliament, 1st reading
2020/09/22
European Commission - Legislative proposal
Details
PURPOSE: to create a permanent structure dedicated to the performance review of the Single European Sky within the European Aviation Safety Agency.
PROPOSED ACT: Regulation of the European Parliament and 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: the amended proposal for a Regulation of the European Parliament and of the Council on the implementation of the Single European Sky aims to update, in the light of experience, the current legislation on the Single European Sky. An important element of the amendments proposed in this context is the establishment of a permanent function of the Performance Review Body (PRB), to be carried out by the European Union Aviation Safety Agency.
In line with this aim, it is necessary to establish a permanent structure within the Agency to ensure that the tasks entrusted to the Agency acting as a Performance Review Body are carried out with the required expertise as well as in full independence from public or private interests and that, in this context, the Agency can rely on dedicated resources.
The Commission therefore considers it necessary to amend Regulation (EU) No 2018/1139 in a manner that separates the discharge of the tasks regarding the performance and charging schemes of the Single European Sky, functionally and hierarchically, from the Agency’s activity as a safety authority.
CONTENT: this proposal amending Regulation (EU) No 2018/1139 seeks in particular to establish a regulatory board for performance review and appoint a director for performance review in order to carry out specifically the functions of the Agency acting as PRB.
The proposed Regulation lays down the composition of and relevant requirements regarding the bodies and function holders provided for with a view to enabling the Agency to act as PRB. The tasks and powers to be conferred upon the Agency for these purposes are those laid down in the amended recast proposal. They include the assessment and approval of performance plans of designated air traffic service providers, the provision of advice to the Commission regarding the Network Performance Plan, the monitoring of performance, and the verification of unit rates of air traffic service providers.
For carrying out its tasks on performance review, the Agency acting as PRB shall have: (i) a regulatory board for performance review; (ii) a director for performance review; (iii) an advisory board for performance review; (iv) and an appeal board for performance review.
Performance review body (PRB)
The Agency acting as performance review body shall provide technical assistance to the Commission, in the implementation of the Single European Sky, including on the performance and charging scheme, in particular by:
(a) conducting technical inspections, technical investigations, reviews of compliance, studies and projects;
(b) contributing to the implementation of the ATM Master Plan, including the development and deployment of the SESAR programme.
In order to optimise the functioning of the Agency as a PRB, it would be desirable for the Union to convene with Eurocontrol the transfer of technical expertise and relevant performance-related data, possibly by amending the existing High-Level Agreement between the two parties.
It is proposed that the regulatory board for performance review act independently and shall not seek or follow instructions or accept recommendations from a government of a Member State, from the Commission or any other public or private entity.
Director of the body
The Director for performance review shall in particular be the legal representative of the Agency in matters of performance review and be in charge of the day-to-day administration in respect of this matter, as well as of various preparatory tasks.
Advisory board
Cooperation between national supervisory authorities in the area of performance review is important to ensure smooth application of Union law in this area. In this regard, the advisory board shall exchange information about the work of national supervisory authorities and decision-making principles, best practices and provide opinions and recommendations on guidance material to be issued by the Agency acting as PRB.
Budgetary implications
The proposed new “PRB” function is to be financed by fees and charges and administratively integrated into the Agency. A reserve fund covering one year of operational expenditure is proposed, in order to ensure the continuity of its operations and of the execution of its tasks. In addition, it is proposed to provide for annual contributions to be made by designated air traffic service providers concerned by the Agency’s tasks and powers as PRB, for the built up of the new function. Such annual contributions are proposed to be collected for five financial years following the entry into force of the amending Regulation, in order to cover the costs of setting up the new functions within the Agency. All in all, the Union’s budget shall not be affected.
Legislative proposal
Documents
2020/09/22
EC - Legislative proposal published
Details
PURPOSE: to create a permanent structure dedicated to the performance review of the Single European Sky within the European Aviation Safety Agency.
PROPOSED ACT: Regulation of the European Parliament and 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: the amended proposal for a Regulation of the European Parliament and of the Council on the implementation of the Single European Sky aims to update, in the light of experience, the current legislation on the Single European Sky. An important element of the amendments proposed in this context is the establishment of a permanent function of the Performance Review Body (PRB), to be carried out by the European Union Aviation Safety Agency.
In line with this aim, it is necessary to establish a permanent structure within the Agency to ensure that the tasks entrusted to the Agency acting as a Performance Review Body are carried out with the required expertise as well as in full independence from public or private interests and that, in this context, the Agency can rely on dedicated resources.
The Commission therefore considers it necessary to amend Regulation (EU) No 2018/1139 in a manner that separates the discharge of the tasks regarding the performance and charging schemes of the Single European Sky, functionally and hierarchically, from the Agency’s activity as a safety authority.
CONTENT: this proposal amending Regulation (EU) No 2018/1139 seeks in particular to establish a regulatory board for performance review and appoint a director for performance review in order to carry out specifically the functions of the Agency acting as PRB.
The proposed Regulation lays down the composition of and relevant requirements regarding the bodies and function holders provided for with a view to enabling the Agency to act as PRB. The tasks and powers to be conferred upon the Agency for these purposes are those laid down in the amended recast proposal. They include the assessment and approval of performance plans of designated air traffic service providers, the provision of advice to the Commission regarding the Network Performance Plan, the monitoring of performance, and the verification of unit rates of air traffic service providers.
For carrying out its tasks on performance review, the Agency acting as PRB shall have: (i) a regulatory board for performance review; (ii) a director for performance review; (iii) an advisory board for performance review; (iv) and an appeal board for performance review.
Performance review body (PRB)
The Agency acting as performance review body shall provide technical assistance to the Commission, in the implementation of the Single European Sky, including on the performance and charging scheme, in particular by:
(a) conducting technical inspections, technical investigations, reviews of compliance, studies and projects;
(b) contributing to the implementation of the ATM Master Plan, including the development and deployment of the SESAR programme.
In order to optimise the functioning of the Agency as a PRB, it would be desirable for the Union to convene with Eurocontrol the transfer of technical expertise and relevant performance-related data, possibly by amending the existing High-Level Agreement between the two parties.
It is proposed that the regulatory board for performance review act independently and shall not seek or follow instructions or accept recommendations from a government of a Member State, from the Commission or any other public or private entity.
Director of the body
The Director for performance review shall in particular be the legal representative of the Agency in matters of performance review and be in charge of the day-to-day administration in respect of this matter, as well as of various preparatory tasks.
Advisory board
Cooperation between national supervisory authorities in the area of performance review is important to ensure smooth application of Union law in this area. In this regard, the advisory board shall exchange information about the work of national supervisory authorities and decision-making principles, best practices and provide opinions and recommendations on guidance material to be issued by the Agency acting as PRB.
Budgetary implications
The proposed new “PRB” function is to be financed by fees and charges and administratively integrated into the Agency. A reserve fund covering one year of operational expenditure is proposed, in order to ensure the continuity of its operations and of the execution of its tasks. In addition, it is proposed to provide for annual contributions to be made by designated air traffic service providers concerned by the Agency’s tasks and powers as PRB, for the built up of the new function. Such annual contributions are proposed to be collected for five financial years following the entry into force of the amending Regulation, in order to cover the costs of setting up the new functions within the Agency. All in all, the Union’s budget shall not be affected.
Legislative proposal
Documents
Documents
- Committee report tabled for plenary, 1st reading: A9-0217/2021
- Contribution: COM(2020)0577
- Legislative proposal: COM(2020)0577
- Legislative proposal: Go to the pageEur-Lex
- Legislative proposal published: COM(2020)0577
- Legislative proposal published: Go to the page Eur-Lex
- Legislative proposal: COM(2020)0577 Go to the pageEur-Lex
- Contribution: COM(2020)0577
| Amendments | Dossier |
| 190 |
2020/0264(COD)
2021/02/04
TRAN
190 amendments...
Amendment 100 #
Proposal for a regulation Article 1 – paragraph 1 – point 9 Regulation (EU) 2018/1139 Section II a – Article 114 b – paragraph 1 – point d a (new) (d a) decide, after obtaining the agreement of the Commission, and as regards the revenue and expenditure in respect of performance review, whether to accept any legacies, donations or grants from other Union sources or any voluntary contribution from the Member States or from the national supervisory authorities referred to in Article 3 of [AmendedSES2+];
Amendment 101 #
Proposal for a regulation Article 1 – paragraph 1 – point 9 Regulation (EU) 2018/1139 Section II a – Article 114 b – paragraph 1 – point f (new) (f)
Amendment 102 #
Proposal for a regulation Article 1 – paragraph 1 – point 9 Regulation (EU) 2018/1139 Section II a – Article 114 b – paragraph 1 – point f (new) (f)
Amendment 103 #
Proposal for a regulation Article 1 – paragraph 1 – point 9 Regulation (EU) 2018/1139 Section II a – Article 114 b – paragraph 1 – point f (f) provide an opinion to the Management Board on the procedures for issuing opinions, recommendations and decisions by the Agency acting as PRB in accordance with point (f) of Article 98(2a), particularly the specific scientific review procedures in the domain of environmental and climate performance;
Amendment 104 #
Proposal for a regulation Article 1 – paragraph 1 – point 9 Regulation (EU) 2018/1139 (g)
Amendment 105 #
Proposal for a regulation Article 1 – paragraph 1 – point 9 Regulation (EU) 2018/1139 Section II a – Article 114 b – paragraph 1 – point g (g)
Amendment 106 #
Proposal for a regulation Article 1 – paragraph 1 – point 9 Regulation (EU) 2018/1139 Section II a – Article 114 b – paragraph 1 – point h (h)
Amendment 107 #
Proposal for a regulation Article 1 – paragraph 1 – point 9 Regulation (EU) 2018/1139 Section II a – Article 114 b – paragraph 1 – point h a (new) (h a) authorise the conclusion of working arrangements in accordance with Article 129a(3);
Amendment 108 #
Proposal for a regulation Article 1 – paragraph 1 – point 9 Regulation (EU) 2018/1139 Section II a – Article 114 b – paragraph 1 – point i (i)
Amendment 109 #
(i)
Amendment 110 #
Proposal for a regulation Article 1 – paragraph 1 – point 9 Regulation (EU) 2018/1139 Section II a – Article 114 b – paragraph 1 – point i a (new) (i a) on the basis of a proposal by the Director for Performance Review, establish mechanisms and procedures for consultation of stakeholders referred to in Article 38 of [Amended SES2+] and Article 119a of this Regulation;
Amendment 111 #
Proposal for a regulation Article 1 – paragraph 1 – point 9 Regulation (EU) 2018/1139 Section II a – Article 114 b – paragraph 1 – point j (j) provide an opinion to the Management Board on the conclusion of working arrangements in accordance with
Amendment 112 #
Proposal for a regulation Article 1 – paragraph 1 – point 9 Regulation (EU) 2018/1139 Section II a – Article 114 b – paragraph 1 – point k (k)
Amendment 113 #
Proposal for a regulation Article 1 – paragraph 1 – point 9 Regulation (EU) 2018/1139 Section II a – Article 114 b – paragraph 1 – point l (l) provide an opinion to the
Amendment 114 #
Proposal for a regulation Article 1 – paragraph 1 – point 9 Regulation (EU) 2018/1139 Section II a – Article 114 b – paragraph 1 – point l (l) provide an opinion to the
Amendment 115 #
Proposal for a regulation Article 1 – paragraph 1 – point 9 Regulation (EU) 2018/1139 Section II a – Article 114 c – paragraph 2 2. The members of the Regulatory Board for Performance Review and their alternates shall be formally appointed by the
Amendment 116 #
Proposal for a regulation Article 1 – paragraph 1 – point 9 Regulation (EU) 2018/1139 Section II a – Article 114 c – paragraph 2 2. The members of the Regulatory Board for Performance Review and their alternates shall be formally appointed by the
Amendment 117 #
Proposal for a regulation Article 1 – paragraph 1 – point 9 Regulation (EU) 2018/1139 Section II a – Article 114 c – paragraph 2 2. The members of the Regulatory Board for Performance Review and their alternates shall be formally appointed by the Management Board, on a proposal from
Amendment 118 #
Proposal for a regulation Article 1 – paragraph 1 – point 9 Regulation (EU) 2018/1139 Section II a – Article 114 c – paragraph 2 2. The members of the Regulatory Board for Performance Review and their alternates shall be formally appointed by the Management Board, on a proposal from the Commission, after consultation of Eurocontrol, following a public call for expression of interest. The members of the Regulatory Board for Performance Review shall be appointed on the basis of merit as well as skills and experience relevant to the
Amendment 119 #
Proposal for a regulation Article 1 – paragraph 1 – point 9 Regulation (EU) 2018/1139 Section II a – Article 114 c – paragraph 3 3. When carrying out the tasks conferred upon it by this Regulation, the Regulatory Board for Performance Review shall
Amendment 120 #
Proposal for a regulation Article 1 – paragraph 1 – point 9 Regulation (EU) 2018/1139 Section II a – Article 114 e – paragraph 4 4. The Regulatory Board for Performance Review may invite any person whose opinion might be of interest, such as scientific experts in the domain of climate and environmental performance, to attend its meetings with observer status.
Amendment 121 #
Proposal for a regulation Article 1 – paragraph 1 – point 9 Regulation (EU) 2018/1139 Section II a – Article 114 f – paragraph 3 3. The Regulatory Board for Performance Review shall adopt its rules of procedure, which shall set out in greater detail the arrangements governing voting
Amendment 122 #
Proposal for a regulation Article 1 – paragraph 1 – point 9 Regulation (EU) 2018/1139 Section II a – Article 114 g – paragraph 2 2. The Director for Performance Review shall be appointed by the
Amendment 123 #
Proposal for a regulation Article 1 – paragraph 1 – point 9 Regulation (EU) 2018/1139 Section II a – Article 114 g – paragraph 2 2. The Director for Performance Review shall be appointed by the
Amendment 124 #
Proposal for a regulation Article 1 – paragraph 1 – point 9 Regulation (EU) 2018/1139 Section II a – Article 114 g – paragraph 2 2. The Director for Performance Review shall be appointed by the Management Board following a favourable opinion of the Regulatory Board for Performance Review, on the basis of merit as well as skills and experience relevant to the air traffic management or economic regulation of network industries and with the necessary knowledge about the environmental and climate impacts of aviation, from a list of at least three candidates proposed by the Commission and following an open and transparent selection procedure. In order for it to be adopted, the decision on the appointment of the Director for Performance Review requires a positive vote from the representative of the Commission in the Management Board. For the purpose of concluding the contract with the Director for Performance Review, the Agency shall be represented by the Chairperson of the Management Board.
Amendment 125 #
Proposal for a regulation Article 1 – paragraph 1 – point 9 Regulation (EU) 2018/1139 Section II a – Article 114 g – paragraph 3 – point a (a) the performance of the Director for Performance Review, particularly regarding the achievement of the environmental objectives of the sectorial contribution to the European Green Deal and the reduction of the overall greenhouse emissions since the previous reference period, and which shall be of at least 10%;
Amendment 126 #
Proposal for a regulation Article 1 – paragraph 1 – point 9 Regulation (EU) 2018/1139 Section II a – Article 114 g – paragraph 3 – point b (b) the duties and requirements concerning performance review in the following years, particularly the overall emissions' reduction target in order to ensure compliance with the pathway towards climate neutrality established in the European Climate Law.
Amendment 127 #
Proposal for a regulation Article 1 – paragraph 1 – point 9 Regulation (EU) 2018/1139 Section II a – Article 114 g – paragraph 4 4. The
Amendment 128 #
Proposal for a regulation Article 1 – paragraph 1 – point 9 Regulation (EU) 2018/1139 Section II a – Article 114 g – paragraph 4 4. The
Amendment 129 #
Proposal for a regulation Article 1 – paragraph 1 – point 9 Regulation (EU) 2018/1139 Section II a – Article 114 g – paragraph 6 6. The Director for Performance Review may be removed from office only upon a decision of the Management Board, acting on a proposal from the Commission, after having obtained a favourable opinion of the Regulatory Board for Performance Review, particularly in cases of manifest deviation from compliance with the environmental and climate performance targets.
Amendment 130 #
Proposal for a regulation Article 1 – paragraph 1 – point 9 Regulation (EU) 2018/1139 Section II a – Article 114 g – paragraph 6 6. The Director for Performance Review may be removed from office only upon a decision of the
Amendment 131 #
Proposal for a regulation Article 1 – paragraph 1 – point 9 Regulation (EU) 2018/1139 Section II a – Article 114 g – paragraph 6 6. The Director for Performance Review may be removed from office only upon a decision of the
Amendment 132 #
Proposal for a regulation Article 1 – paragraph 1 – point 9 Regulation (EU) 2018/1139 Section II a – Article 114 g – paragraph 7 7.
Amendment 133 #
Proposal for a regulation Article 1 – paragraph 1 – point 9 Regulation (EU) 2018/1139 Section II a – Article 114 g – paragraph 7 7. The
Amendment 134 #
Proposal for a regulation Article 1 – paragraph 1 – point 9 Regulation (EU) 2018/1139 Section II a – Article 114 g – paragraph 7 7. The Management Board shall reach decisions on appointment, extension of the term of office or removal from office of the Director for Performance Review on the basis of a two-thirds majority of its members with voting rights. The Director for Performance Review shall not hold any professional position or responsibility with any air navigation service provider after his or her term as Director for Performance Review, for at least a period of two years, nor have held it for the one year prior to the appointment.
Amendment 135 #
Proposal for a regulation Article 1 – paragraph 1 – point 9 Regulation (EU) 2018/1139 Section II a – Article 114 h – paragraph 1 1. The Director for Performance Review shall be accountable to the Management Board only with respect to administrative
Amendment 136 #
Proposal for a regulation Article 1 – paragraph 1 – point 9 Regulation (EU) 2018/1139 Section II a – Article 114 h – paragraph 1 1. The Director for Performance Review shall be accountable to the
Amendment 137 #
Proposal for a regulation Article 1 – paragraph 1 – point 9 Regulation (EU) 2018/1139 Section II a – Article 114 h – paragraph 3 – point b (b) carrying out the day-to-day administration of the work on performance review, including exercising appointing authority powers as regard members of the staff whose posts are attributed to the function of Agency acting as PRB;
Amendment 138 #
Proposal for a regulation Article 1 – paragraph 1 – point 9 Regulation (EU) 2018/1139 Section II a – Article 114 h – paragraph 3 – point f (f) taking the necessary measures, in particular as regards adopting internal administrative instructions and publishing notices, to ensure the functioning of Agency’s work on performance review in accordance with [amended SES2+], with a particular emphasis in the areas of climate and environment;
Amendment 139 #
Proposal for a regulation Article 1 – paragraph 1 – point 9 Regulation (EU) 2018/1139 Section II a – Article 114 h – paragraph 3 – point i (i) preparing annually the draft section on performance review of the consolidated annual activity report including an independent section on the regulatory activities related to performance review, which shall include a chapter regarding the alignment of climate and environmental performances with the emission reduction targets of the European Climate Law and the objectives of the European Green Deal, and a section on financial and administrative matters, and submitting it to the Executive Director for its integration in the consolidated annual activity report. Any change to the input on performance review shall only be made upon approval of the Director for Performance Review;
Amendment 140 #
Proposal for a regulation Article 1 – paragraph 1 – point 9 Regulation (EU) 2018/1139 Section II a – Article 114 h – paragraph 3 – point k (k) preparing a proposal for mechanisms and procedures for consultation of stakeholders referred to in
Amendment 141 #
Proposal for a regulation Article 1 – paragraph 1 – point 9 Regulation (EU) 2018/1139 Section II a – Article 114 h – paragraph 3 – point k (k) preparing a proposal for mechanisms and procedures for consultation of stakeholders referred to in Article 38 of [amended SES2+], to be submitted
Amendment 142 #
Proposal for a regulation Article 1 – paragraph 1 – point 9 Regulation (EU) 2018/1139 Section II a – Article 114 h – paragraph 3 – point k (k) preparing a proposal for mechanisms and procedures for consultation of stakeholders referred to in Article 38 of [amended SES2+], to be
Amendment 143 #
Proposal for a regulation Article 1 – paragraph 1 – point 9 Regulation (EU) 2018/1139 Section II a – Article 114 h – paragraph 3 – point l (l)
Amendment 144 #
Proposal for a regulation Article 1 – paragraph 1 – point 9 Regulation (EU) 2018/1139 Section II a – Article 114 h – paragraph 3 – point l (l)
Amendment 145 #
Proposal for a regulation Article 1 – paragraph 1 – point 9 Regulation (EU) 2018/1139 Section II a – Article 114 h – paragraph 3 – point m (m) preparing the draft communication and dissemination plans concerning performance review referred to in Article 119a(5), to be submitted to the
Amendment 146 #
Proposal for a regulation Article 1 – paragraph 1 – point 9 Regulation (EU) 2018/1139 Section II a – Article 114 h – paragraph 3 – point m a (new) (m a) deciding whether it is necessary for the purpose of carrying out the work of the Agency acting as PRB in an efficient and effective manner to establish one or more local offices in one or more Member States. The decisions referred to in the first subparagraphs require the prior consent of the Regulatory Board for Performance Review and, where applicable, the Member State where the local office is to be established. Those decisions shall specify the scope of the activities to be carried out at that local office or by that co-located staff in a manner that avoids unnecessary costs and duplication of administrative functions of the Agency.
Amendment 147 #
Proposal for a regulation Article 1 – paragraph 1 – point 9 Regulation (EU) 2018/1139 Section II a – Article 114 h – paragraph 4 – subparagraph 1 4. For the purposes of paragraph 3, point (d), opinions, recommendations and decisions of the Agency acting as PRB referred to in [Amended SES2+] and in Article 129a of this Regulation shall be adopted only after having obtained the favourable opinion of the Regulatory Board for Performance Review.
Amendment 148 #
Proposal for a regulation Article 1 – paragraph 1 – point 9 Regulation (EU) 2018/1139 Section II a – Article 114 h – paragraph 4 – subparagraph 2 Before submitting draft opinions, recommendations or decisions to a vote by the Regulatory Board for Performance Review, the Director for Performance Review shall submit proposals for the draft opinions, recommendations or decisions to the relevant working group for consultation sufficiently in advance, particularly on matters concerning climate and environmental performance, requiring additional scientific review.
Amendment 149 #
Proposal for a regulation Article 1 – paragraph 1 – point 9 Regulation (EU) 2018/1139 Section II a – Article 114 i – paragraph 1 – point a (a) exchange information about the work of national supervisory authorities and decision-making principles, best practices and procedures, particularly regarding the alignment of climate and environmental performances with the emission reduction targets of the European Climate Law and the objectives of the European Green Deal, as well as with regard to the application of [Amended SES2+];
Amendment 150 #
Proposal for a regulation Article 1 – paragraph 1 – point 9 Regulation (EU) 2018/1139 Section II a – Article 114 i – paragraph 3 3. The Chairperson of the Regulatory Board for Performance Review and the Director for Performance Review may participate in meetings of the Advisory Board for Performance Review and may make recommendations to national supervisory authorities convened as the Advisory Board for Performance Review, as appropriate, on matters related to their expertise on the performance and charging
Amendment 151 #
Proposal for a regulation Article 1 – paragraph 1 – point 9 Regulation (EU) 2018/1139 Section II a – Article 114 j – paragraph 1 – point b (b) one non-voting representative of the Commission, and one alternate, both with sufficient expertise and knowledge on the environmental and climate impacts of aviation.
Amendment 152 #
Proposal for a regulation Article 1 – paragraph 1 – point 9 Regulation (EU) 2018/1139 Section II a – Article 114 j – paragraph 1 – point b a (new) (b a) three non-voting representatives of Air navigation Services Providers, commercial and non-commercial civil airspace users and of the airport operators;
Amendment 153 #
Proposal for a regulation Article 1 – paragraph 1 – point 9 Regulation (EU) 2018/1139 Section II a – Article 114 l – paragraph 1 1. The Appeal Board for Performance Review shall be composed of six members and six alternates selected from among current or former senior staff of the national supervisory authorities referred to in Article 3 of [Amended SES2+], competition authorities, environmental agencies or other Union or national institutions with relevant experience in the aviation sector, ensuring enough aggregated knowledge of its climate and environmental impacts, among other aspects. The Appeal Board for Performance Review shall designate its Chairperson.
Amendment 154 #
Proposal for a regulation Article 1 – paragraph 1 – point 9 Regulation (EU) 2018/1139 Section II a – Article 114 l – paragraph 2 2. The members of the Appeal Board for Performance Review shall be formally appointed by the
Amendment 155 #
Proposal for a regulation Article 1 – paragraph 1 – point 9 Regulation (EU) 2018/1139 Section II a – Article 114 l – paragraph 2 2. The members of the Appeal Board for Performance Review shall be formally appointed by the
Amendment 156 #
Proposal for a regulation Article 1 – paragraph 1 – point 9 Regulation (EU) 2018/1139 Section II a – Article 114 l – paragraph 2 2. The members of the Appeal Board for Performance Review shall be formally appointed by the Management Board
Amendment 157 #
Proposal for a regulation Article 1 – paragraph 1 – point 9 Regulation (EU) 2018/1139 Section II a – Article 114 l – paragraph 5 5. The members of the Appeal Board for Performance Review shall be independent in making their decisions. They shall not be bound by any instructions. They shall not perform any other duties in the Agency, in its Management Board, in the Regulatory Board for Performance Review or in the Advisory Board for Performance Review. A member of the Appeal Board for Performance Review shall not be removed during his or her term of office, unless he or she has been found guilty of serious misconduct, and the Commission
Amendment 158 #
Proposal for a regulation Article 1 – paragraph 1 – point 9 Regulation (EU) 2018/1139 Section II a – Article 114 s – paragraph 1 Where the Appeal Board for Performance Review finds that the appeal is not admissible or that the grounds for appeal
Amendment 159 #
Proposal for a regulation Article 1 – paragraph 1 – point 9 Regulation (EU) 2018/1139 Section II a – Article 114 s – paragraph 1 Where the Appeal Board for Performance Review finds that the appeal is not admissible or that the grounds for appeal are not founded, it shall reject the appeal. Where the Appeal Board for Performance Review finds that the appeal is admissible and that the grounds for appeal are founded, it shall remit the case to the Agency
Amendment 160 #
Proposal for a regulation Article 1 – paragraph 1 – point 10 Regulation (EU) 2018/1139 Article 117 a – paragraph 1 1. Each year, the Director for Performance Review shall draft the section related to performance review activities of the programming document referred to in Article 117(1), which shall include a chapter regarding the alignment of climate and environmental performances with the emission reduction targets of the European Climate Law and the objectives of the European Green Deal. After the draft being approved by the Regulatory Board for Performance Review, the Director for Performance Review shall submit it to the Executive Director in order to be integrated in the Agency’s draft programming document in accordance with Article 114h(3), point (g). Any change to the section on performance review shall only be made upon approval of the Director for Performance Review.
Amendment 161 #
Proposal for a regulation Article 1 – paragraph 1 – point 10 Regulation (EU) 2018/1139 Article 117 a – paragraph 2 Amendment 162 #
Proposal for a regulation Article 1 – paragraph 1 – point 10 Regulation (EU) 2018/1139 Article 117 a – paragraph 2 2. The section of the annual work programme on performance review in the programming document shall comprise detailed objectives and expected results, including performance indicators, particularly on the climate and environmental domains, in order to assess the alignment with the emission reduction targets of the European Climate Law and the objectives of the European Green Deal. It shall also contain a description of the actions to be financed and an indication of the financial and human resources allocated to each action, in accordance with the principles of activity-based budgeting and management. The section on performance review of the annual work programme shall be coherent with the section on performance review of the multi-annual work programme referred to in paragraph 4. It shall clearly indicate the tasks that have been added, changed or deleted in comparison with the previous financial year.
Amendment 163 #
Proposal for a regulation Article 1 – paragraph 1 – point 10 Regulation (EU) 2018/1139 Article 117 a – paragraph 4 Amendment 164 #
Proposal for a regulation Article 1 – paragraph 1 – point 10 Regulation (EU) 2018/1139 Article 117 a – paragraph 4 – subparagraph 1 4. The section on performance review of the multi-annual work programme in the programming document shall set out the overall strategic programming, including objectives, expected results and performance indicators, allowing particularly to monitor the evolution towards the goal of 10% overall emissions reduction expected from the Single European Sky. It shall also set out resource programming, including the multi-annual budget and staff.
Amendment 165 #
Proposal for a regulation Article 1 – paragraph 1 – point 10 Regulation (EU) 2018/1139 Article 117 a – paragraph 4 – subparagraph 2 Amendment 166 #
Proposal for a regulation Article 1 – paragraph 1 – point 11 Regulation (EU) 2018/1139 Article 118 a – paragraph 1 1. The Director for Performance Review shall draft the section related on performance review of the annual activity report referred to in Article 118(1), which shall include a chapter regarding the progress towards the full alignment with the emission reduction targets of the European Climate Law and the objectives of the European Green Deal. After the draft being approved by the Regulatory Board for Performance Review, the Director for Performance Review shall submit it to the Executive Director in order to be integrated in the consolidated annual activity report in accordance with Article 114h(3), point (i). Any change to the section on performance review of the
Amendment 167 #
Proposal for a regulation Article 1 – paragraph 1 – point 11 Regulation (EU) 2018/1139 Article 118 a – paragraph 2 Amendment 168 #
Proposal for a regulation Article 1 – paragraph 1 – point 11 Regulation (EU) 2018/1139 Article 118 a – paragraph 2 2. The section on performance review
Amendment 169 #
Proposal for a regulation Article 1 – paragraph 1 – point 12 Regulation (EU) 2018/1139 Article 119 a Amendment 170 #
Proposal for a regulation Article 1 – paragraph 1 – point 12 Regulation (EU) 2018/1139 Article 119 a – paragraph 1 – subparagraph 1 1. In carrying out its tasks, the Agency acting as PRB shall extensively consult at an early stage the stakeholders listed in Article 38(3) of [Amended SES2+] and, where relevant, competition authorities or environmental agencies, without prejudice to their respective competence, in an open and transparent manner. In accordance with Article 38 of
Amendment 171 #
Proposal for a regulation Article 1 – paragraph 1 – point 12 Regulation (EU) 2018/1139 Article 119 a – paragraph 2 – subparagraph 1 2. The Agency acting as PRB shall ensure that the public and any interested parties are
Amendment 172 #
Proposal for a regulation Article 1 – paragraph 1 – point 12 Regulation (EU) 2018/1139 Article 119 a – paragraph 4 – introductory part 4. The Agency acting as PRB shall adopt and publish adequate and proportionate procedures for issuing opinions, recommendations and decisions by the Agency acting as PRB, in
Amendment 173 #
Proposal for a regulation Article 1 – paragraph 1 – point 12 Regulation (EU) 2018/1139 Article 119 a – paragraph 4 – introductory part 4. The Agency acting as PRB shall adopt and publish adequate and proportionate procedures for issuing opinions, recommendations and decisions by the Agency acting as PRB, in accordance with the procedure set out in Article
Amendment 174 #
Proposal for a regulation Article 1 – paragraph 1 – point 12 Regulation (EU) 2018/1139 Article 119 a – paragraph 4 – point a a (new) (a a) undergo, for matters concerning climate and environmental performance, a scientific review by independent experts;
Amendment 175 #
Proposal for a regulation Article 1 – paragraph 1 – point 12 Regulation (EU) 2018/1139 Article 119 a – paragraph 5 5. The Agency acting as PRB may engage in communication activities on its own initiative within its field of competence on performance review, chiefly regarding its climate and environmental aspects, and in doing so shall be represented by the Director for Performance Review. The allocation of resources to communication activities shall not be detrimental to the effective exercise of the tasks and powers referred to in [Amended SES2+]. Communication activities shall be carried out in accordance with relevant communication and dissemination plans adopted by the Management Board in accordance with point (g) of Article 98(2a).;
Amendment 176 #
Proposal for a regulation Article 1 – paragraph 1 – point 12 Regulation (EU) 2018/1139 Article 119 a – paragraph 5 5. The Agency acting as PRB may engage in communication activities on its own initiative within its field of competence on performance review, and in doing so shall be represented by the Director for Performance Review. The allocation of resources to communication activities shall not be detrimental to the effective exercise of the tasks and powers
Amendment 177 #
Proposal for a regulation Article 1 – paragraph 1 – point 12 Regulation (EU) 2018/1139 Article 119 a – paragraph 5 5. The Agency acting as PRB may engage in communication activities on its own initiative within its field of competence on performance review, and in doing so shall be represented by the Director for Performance Review. The allocation of resources to communication activities shall not be detrimental to the effective exercise of the tasks and powers referred to in [Amended SES2+]. Communication activities shall be carried out in accordance with relevant communication and dissemination plans adopted by the
Amendment 178 #
Proposal for a regulation Article 1 – paragraph 1 – point 13 – point b Regulation (EU) 2018/1139 3. Revenue and expenditure for all activities not covered by Article
Amendment 179 #
Proposal for a regulation Article 1 – paragraph 1 – point 14 Regulation (EU) 2018/1139 Article 120a Amendment 180 #
Proposal for a regulation Article 1 – paragraph 1 – point 14 Regulation (EU) 2018/1139 Article 120 a – paragraph 3 – point a (a) any fees levied by
Amendment 181 #
Proposal for a regulation Article 1 – paragraph 1 – point 14 Regulation (EU) 2018/1139 Article 120 a – paragraph 3 – point a a (new) (a a) a financial contribution from the Union for the setting up of the Agency acting as PRB for all the expenditures necessary to initiate the supervision by the Agency acting as PRB and the cost associated with the Appeal Board functions;
Amendment 182 #
Proposal for a regulation Article 1 – paragraph 1 – point 14 Regulation (EU) 2018/1139 Article 120 a – paragraph 3 – point a a (new) (a a) a financial contribution from the Union for setting up of the Agency acting as PRB for all the expenditures necessary to initiate the supervision by the Agency acting as PRB.
Amendment 183 #
Proposal for a regulation Article 1 – paragraph 1 – point 14 Regulation (EU) 2018/1139 Article 120 a – paragraph 3 – point a a (new) (a a) a fixed percentage from the additional revenue generated by the common standard climate and environmental levy per each flight operated, as established in [Article 20, paragraph 3 section (d) of [Amended SES2+]]
Amendment 184 #
Proposal for a regulation Article 1 – paragraph 1 – point 14 Regulation (EU) 2018/1139 Article 120 a – paragraph 3 – point b Amendment 185 #
Proposal for a regulation Article 1 – paragraph 1 – point 14 Regulation (EU) 2018/1139 Article 120 a – paragraph 3 – point b Amendment 186 #
Proposal for a regulation Article 1 – paragraph 1 – point 14 Regulation (EU) 2018/1139 Article 120 a – paragraph 7 – subparagraph 1 7. The Director for Performance Review shall draw up each year a draft estimate of the revenue and expenditure for performance review for the following year together with the list of posts for performance review, detailing their intended duties and fields of activity, and shall submit them to the Executive Director for its integration in the draft statement of estimates of the Agency’s revenue and expenditure referred to in Article 120(6).
Amendment 187 #
Proposal for a regulation Article 1 – paragraph 1 – point 14 Regulation (EU) 2018/1139 Article 120 a – paragraph 7 – subparagraph 1 7. The Director for Performance Review shall draw up each year a draft estimate of the revenue and expenditure for performance review for the following year together with the list of posts for performance review and shall submit them to the Executive Director for its integration in the draft statement of estimates of the Agency’s revenue and expenditure referred to in Article 120(6).
Amendment 188 #
Proposal for a regulation Article 1 – paragraph 1 – point 14 Regulation (EU) 2018/1139 Article 120 a – paragraph 7 – subparagraph 1 a (new) 1 a. The Director for Performance Review shall ensure that in its estimation of the list of posts the necessary amount of resources is foreseen to ensure the necessary service quality of the performance review in the different fields, taking particular account of the needs within climate and environment areas;
Amendment 189 #
Proposal for a regulation Article 1 – paragraph 1 – point 14 Regulation (EU) 2018/1139 Article 120 a – paragraph 8 Amendment 190 #
Proposal for a regulation Article 1 – paragraph 1 – point 14 Regulation (EU) 2018/1139 Article 120 a – paragraph 8 – subparagraph 2 The Commission shall
Amendment 191 #
Proposal for a regulation Article 1 – paragraph 1 – point 14 Regulation (EU) 2018/1139 Article 120 a – paragraph 8 – subparagraph 3 Amendment 192 #
Proposal for a regulation Article 1 – paragraph 1 – point 15 – point b Regulation (EU) 2018/1139 Article 121 – paragraph 8 8. The Executive Director shall send the Court of Auditors a reply to its observations by 30 September following each financial year. He or she shall also send that reply to the Management Board and the Commission. Where activities on performance review are concerned, that reply shall be prepared
Amendment 193 #
Proposal for a regulation Article 1 – paragraph 1 – point 15 – point b Regulation (EU) 2018/1139 8. The Executive Director shall send the Court of Auditors a reply to its observations by 30 September following each financial year. He or she shall also send that reply to the Management Board and the Commission. Where activities on performance review are concerned, that reply shall be prepared
Amendment 194 #
Proposal for a regulation Article 1 – paragraph 1 – point 16 Regulation (EU) 2018/1139 Article 124 – paragraph 4 4. Paragraphs 1, 2 and 3 shall not apply to the Agency acting as PRB.
Amendment 195 #
Proposal for a regulation Article 1 – paragraph 1 – point 16 Regulation (EU) 2018/1139 Article 124 – paragraph 4 4. Paragraphs 1, 2 and 3 shall not apply to the Agency acting as PRB. In conjunction with the evaluation referred to in Article 43 of [Amended SES2+], the Commission shall, by
Amendment 196 #
Proposal for a regulation Article 1 – paragraph 1 – point 16 Regulation (EU) 2018/1139 Article 124 – paragraph 5 Amendment 197 #
Proposal for a regulation Article 1 – paragraph 1 – point 16 Regulation (EU) 2018/1139 Article 124 – paragraph 6 Amendment 198 #
Proposal for a regulation Article 1 – paragraph 1 – point 18 Regulation (EU) 2018/1139 Article 126 a and 126 b Amendment 199 #
Proposal for a regulation Article 1 – paragraph 1 – point 18 Regulation (EU) 2018/1139 Article 126 a – paragraph 1 – point d (d) the establishment of performance targets of designated air traffic service providers in accordance with Article 13(9) of [amended SES2+], in particular within the climate and environmental areas in order to ensure full alignment with the emission reduction targets stemming from the European Climate Law and the objectives of the European Green Deal;
Amendment 200 #
Proposal for a regulation Article 1 – paragraph 1 – point 18 Regulation (EU) 2018/1139 Article 126 a – paragraph 1 – point e (e) where the Agency acts as a supervisory authority in accordance with Article 3(8) of [amended SES2+], the establishment of performance targets of designated air traffic service providers in accordance with Article 14(8) of [amended SES2+], in particular within the climate and environmental areas in order to ensure full alignment with the emission reduction targets stemming from the European Climate Law and the objectives of the European Green Deal;;
Amendment 201 #
Proposal for a regulation Article 1 – paragraph 1 – point 18 Regulation (EU) 2018/1139 Article 126 a – paragraph 1 – point g Amendment 202 #
Proposal for a regulation Article 1 – paragraph 1 – point 18 Regulation (EU) 2018/1139 Article 126 a – paragraph 1 – point h (h) the issuance of reports, in respect of individual air traffic service providers, on the monitoring of performance, particularly in the climate and environmental domains, in accordance with Article 13(11) of [amended SES2+] and, where the Agency acts as a supervisory authority in accordance with Article 3(8) of [amended SES2+] in accordance with Article 14(10) of [amended SES2+];
Amendment 203 #
Proposal for a regulation Article 1 – paragraph 1 – point 18 Amendment 204 #
Proposal for a regulation Article 1 – paragraph 1 – point 18 Regulation (EU) 2018/1139 Article 126 a – paragraph 1 – point i (i) the adoption of corrective measures, particularly in regard to climate and environment in order to ensure full alignment with the emission reduction targets stemming from the European Climate Law and the objectives of the European Green Deal, in accordance with Article 13(11) of [amended SES2+], and, where the Agency acts as a supervisory authority in accordance with Article 3(8) of [amended SES2+], in accordance with Article 14(10) of that Regulation;
Amendment 205 #
Proposal for a regulation Article 1 – paragraph 1 – point 18 Regulation (EU) 2018/1139 4. The Commission shall adopt
Amendment 206 #
Proposal for a regulation Article 1 – paragraph 1 – point 18 Regulation (EU) 2018/1139 Article 126 a – paragraph 4 4. The Commission shall
Amendment 207 #
Amendment 208 #
Proposal for a regulation Article 1 – paragraph 1 – point 18 Regulation (EU) 2018/1139 Article 126 b – paragraph 1 – subparagraph 1 Amendment 209 #
The
Amendment 210 #
Proposal for a regulation Article 1 – paragraph 1 – point 18 Regulation (EU) 2018/1139 Article 126 b – paragraph 1 – subparagraph 2 Amendment 211 #
Proposal for a regulation Article 1 – paragraph 1 – point 18 a (new) Regulation (EU) 2018/1139 Article 128 Amendment 212 #
Proposal for a regulation Article 1 – paragraph 1 – point 20 Regulation (EU) 2018/1139 Article 129 a Amendment 213 #
Proposal for a regulation Article 1 – paragraph 1 – point 20 Regulation (EU) 2018/1139 Article 129 a – paragraph 2 2. Subject to the conclusion of an agreement to that effect between the Union
Amendment 214 #
Proposal for a regulation Article 1 – paragraph 1 – point 20 2. Subject to the conclusion of an agreement to that effect between the Union and third countries as referred to in paragraph
Amendment 215 #
Proposal for a regulation Article 1 – paragraph 1 – point 20 Regulation (EU) 2018/1139 Article 129 a – paragraph 2 a (new) 2 a. Priority shall be given to those cooperation agreements with potential to result in a higher overall reduction of climate-impacting emissions;
Amendment 216 #
Proposal for a regulation Article 1 – paragraph 1 – point 20 Regulation (EU) 2018/1139 Article 129 a – paragraph 3 3. The agreements referred to in paragraph
Amendment 217 #
Proposal for a regulation Article 1 – paragraph 1 – point 20 Regulation (EU) 2018/1139 Article 129 a – paragraph 3 3. The agreements referred to in paragraph
Amendment 28 #
Proposal for a regulation Recital 1 (1) In order to optimise the application of the rules regarding the Single European Sky, Regulation [amended SES2+] establishes the organisation and the competence, for various tasks notably in respect of the performance and charging schemes, of a specialised Union body, the European Union Aviation Safety Agency acting as Performance Review Body (hereafter the “Agency acting as PRB”).
Amendment 29 #
Proposal for a regulation Recital 1 a (new) (1 a) Considering that endless cost reduction cannot be an ultimate goal in itself, that the spirit of the Commission's proposal to have the economic and safety aspects managed by the same agency is inherently an anti-safety practice.
Amendment 30 #
Proposal for a regulation Recital 2 Amendment 31 #
Proposal for a regulation Recital 2 a (new) (2 a) The SES 2+ package, in contradiction with the rules of the 1944 Chicago Convention, intends for Air Traffic Services to be delivered to ANSP's, not designated by States, but delivered by supra-national and economic criteria to providers that offer a better cost ratio /benefit;
Amendment 32 #
Proposal for a regulation Recital 2 b (new) (2 b) The management of European airspace based on the principles emanating from this Convention has always guaranteed the required safety levels, and has enabled the adoption of appropriate measures and policies, both in the management of air traffic at European level, and in the adoption of measures that they have allowed to significantly reduce congestion and delays, reducing operating costs, never having been an obstacle to the safety and fluidity of European air traffic or to its efficiency;
Amendment 33 #
Proposal for a regulation Recital 4 Amendment 34 #
Proposal for a regulation Recital 5 Amendment 35 #
Proposal for a regulation Recital 5 (5) In line with the principles set out above, the Regulatory Board for Performance Review should
Amendment 36 #
Proposal for a regulation Recital 6 Amendment 37 #
Proposal for a regulation Recital 6 Amendment 38 #
Proposal for a regulation Recital 6 (6) The
Amendment 39 #
Proposal for a regulation Recital 7 Amendment 40 #
Proposal for a regulation Recital 7 (7) The Director for Performance Review should in particular be the legal representative of the Agency in matters of performance review and be in charge of the day-to-day administration in respect of this matter, as well as of various preparatory tasks. The Director for Performance Review should also draft and submit the section on performance review of the programming document, the annual work programme and the annual activity report of the Agency. The Regulatory Board for Performance Review as a
Amendment 41 #
Proposal for a regulation Recital 8 Amendment 42 #
Proposal for a regulation Recital 8 (8) Cooperation between national supervisory authorities in the area of performance review is important to ensure smooth application of Union law in this area and should thus be facilitated, namely through the establishment of an Advisory Board for Performance Review based on the already existing bodies.
Amendment 43 #
Proposal for a regulation Recital 9 Amendment 44 #
Proposal for a regulation Recital 10 Amendment 45 #
Proposal for a regulation Recital 11 (11) The Agency shall account the revenue and expenditure for performance review separately from other revenue and expenditure. In line with the principle of independence of the Agency acting as PRB, the draft statement of estimates of the revenue and expenditure on performance review to be presented to the Executive Director should be prepared by the Director for Performance Review. Within this draft statement of estimates, changes to the revenue and expenditure on performance review should require the approval of the Director for Performance Review.
Amendment 46 #
Proposal for a regulation Recital 11 (11) The Agency shall account the revenue and expenditure for performance review separately from other revenue and expenditure. In line with the principle of independence of the Agency acting as PRB, the draft statement of estimates of the revenue and expenditure on performance review to be presented to the Executive Director should be prepared by the Director for Performance Review. Within this draft statement of estimates, changes to the revenue and expenditure on performance review should require the approval of the Director for Performance Review.
Amendment 47 #
Proposal for a regulation Recital 12 Amendment 48 #
Proposal for a regulation Recital 12 (12) It is appropriate that designated air traffic service providers contribute to the
Amendment 49 #
Proposal for a regulation Recital 12 (12) It is appropriate that designated air traffic service providers contribute to the setting up of the operation of the Agency acting as PRB and its continuous functioning. Designated air traffic service providers hold natural monopolies in respect of the services concerned, and those services are remunerated by airspace users. Because of this specific feature, it is necessary that the performance and charging schemes be applied to them, so as to optimise the provision of the services concerned on a number of points
Amendment 50 #
Proposal for a regulation Recital 12 (12) It is appropriate that designated air traffic service providers contribute to the setting up of the operation of the Agency acting as PRB and its continuous functioning. Designated air traffic service providers hold natural monopolies in respect of the services concerned, and those services are remunerated by airspace users. Because of this specific feature, it is necessary that the performance and charging schemes be applied to them, so as to optimise the provision of the services concerned on a number of points. The principal role of the Agency acting as PRB consists in the application of those schemes, and the funds necessary for its setting up can therefore be considered as necessary for reasons linked to the peculiar features and the peculiar position of the providers of the services concerned. Another task of the Agency acting as PRB is to contribute to the development of ATM/ANS scalability, for example by promoting the safe and harmonised use of new technologies, re-adjusting approval procedures for operating staff and accompanying this with harmonised human-machine interfaces for ATM/ANS systems.
Amendment 51 #
Proposal for a regulation Recital 13 Amendment 52 #
Proposal for a regulation Recital 14 Amendment 53 #
Proposal for a regulation Recital 15 Amendment 54 #
Proposal for a regulation Recital 16 Amendment 55 #
Proposal for a regulation Recital 16 Amendment 56 #
Proposal for a regulation Recital 17 Amendment 57 #
Proposal for a regulation Recital 17 (17) Running costs relate to the cost of the activities conducted by the Agency acting as PRB, in respect of the performance and charging schemes, with a particular focus on those relating to climate and environmental performance, once the operation of this activity has been set up. Running costs of the Agency acting as PRB should equally be financed by designated air traffic services providers. However, the funding should be based on fees and charges, on account of interventions necessary for the application of the performance and charging schemes. This form of funding can also be expected to enhance the autonomy and independence of the Agency acting as PRB.
Amendment 58 #
Proposal for a regulation Recital 18 Amendment 59 #
Proposal for a regulation Recital 19 Amendment 60 #
Proposal for a regulation Recital 20 Amendment 61 #
Proposal for a regulation Article 1 – paragraph 1 – point -1 (new) Regulation (EU) 2018/1139 Article 1 a (new) (-1) This regulation should help to reverse the processes of liberalisation of air traffic management services promoted in the framework of the Single European Sky process launched in 1999, ensuring that Member States, which are responsible for the management of their airspace, measure and organise the services according to their needs, as well as promoting the closest collaboration with other States;
Amendment 62 #
Proposal for a regulation Article 1 – paragraph 1 – point 1 Regulation (EU) 2018/1139 Article 3 – paragraph 1 – point 5 (5) ‘ATM/ANS’ means air traffic management and air navigation services and covers all of the following: the air traffic management functions and services as defined in point (9) of Article 2 of [amended SES2+]; the air navigation services as defined in point (4) of Article 2 of that Regulation, including the network functions referred to in Article 26 of that Regulation, as well as services which augment signals emitted by satellites of core constellations of GNSS for the purpose of air navigation; flight procedures design; services consisting in the origination and processing of data and the formatting and delivering of data to general
Amendment 63 #
Proposal for a regulation Article 1 – paragraph 1 – point 1 Regulation (EU) 2018/1139 Article 3 – paragraph 1 – point 10 b (new) (5 a) "designated air traffic service provider" means designated air traffic service as defined in Article 2 (10b new) of [Amended SES2+];
Amendment 64 #
Proposal for a regulation Article 1 – paragraph 1 – point 1 a (new) Regulation (EU) 2018/1139 Amendment 65 #
Proposal for a regulation Article 1 – paragraph 1 – point 2 Regulation (EU) 2018/1139 Article 93 – paragraph 2 – introductory part 2. Where it has the relevant expertise, whether or not in its capacity as PRB, the Agency shall, upon request, provide technical assistance to the Commission, in the implementation of the Single European Sky, including on the performance and charging scheme, in particular those relating to climate and environmental performance in line with the emission reduction targets of the European Climate Law and the objectives of the European Green Deal, by:
Amendment 66 #
Proposal for a regulation Article 1 – paragraph 1 – point 2 Regulation (EU) 2018/1139 (a) conducting technical inspections, technical investigations, reviews of compliance, studies and projects, including studies relating to harmonised human- machine interfaces;
Amendment 67 #
Proposal for a regulation Article 1 – paragraph 1 – point 2 Regulation (EU) 2018/1139 Article 93 – paragraph 2 – point b a (new) (b a) request for corrective measures, including fines and periodic penalty payments as laid down in Article 84 a.
Amendment 68 #
Proposal for a regulation Article 1 – paragraph 1 – point 2 Regulation (EU) 2018/1139 Article 93 – paragraph 2 a (new) 2 a. Where it lacks technical expertise, it shall consult with scientific experts, particularly in the field of climate and environment, in order to ensure full alignment with the greenhouse emission reduction targets within the European Climate Law and the objectives of the European Green Deal;
Amendment 69 #
Proposal for a regulation Article 1 – paragraph 1 – point 4 – point a – point ii Regulation (EU) 2018/1139 Article 98 – paragraph 2 – point l (l) take decisions on the establishment of the internal structures of the Agency at directors’ level and, where necessary, their modifications,
Amendment 70 #
Proposal for a regulation Article 1 – paragraph 1 – point 4 – point a – point ii Regulation (EU) 2018/1139 Article 98 – paragraph 2 – point l (l) take decisions on the establishment
Amendment 71 #
Proposal for a regulation Article 1 – paragraph 1 – point 4 – point a – point ii Regulation (EU) 2018/1139 Article 98 – paragraph 2 – point l (l) take decisions on the establishment of the internal structures of the Agency at directors’ level and, where necessary, their modifications,
Amendment 72 #
Proposal for a regulation Article 1 – paragraph 1 – point 4 – point b Regulation (EU) 2018/1139 Article 98 – paragraph 2a Amendment 73 #
Proposal for a regulation Article 1 – paragraph 1 – point 4 – point b Regulation (EU) 2018/1139 Article 98 – paragraph 2a Amendment 74 #
Proposal for a regulation Article 1 – paragraph 1 – point 4 – point b Regulation (EU) 2018/1139 Article 98 – paragraph 2a Amendment 75 #
Proposal for a regulation Article 1 – paragraph 1 – point 4 – point b Regulation (EU) 2018/1139 Article 98 – paragraph 2a – point f (f) after consultation of the Regulatory Board for Performance Review, establish procedures for issuing opinions, recommendations and decisions by the Agency acting as PRB as referred to in Article 119a(4), ensuring specifically scientific review in the domains of climate and environment;
Amendment 76 #
Proposal for a regulation Article 1 – paragraph 1 – point 4 – point b Regulation (EU) 2018/1139 Article 98 – paragraph 2a – point i (i) subject to the favourable opinion of the Regulatory Board for Performance Review, and on the basis of a proposal by the Director for Performance Review, establish mechanisms and procedures for consultation of stakeholders referred to in Article 38 of [Amended SES2+] and Article 119a of this Regulation
Amendment 77 #
Proposal for a regulation Article 1 – paragraph 1 – point 4 – point c Regulation (EU) 2018/1139 Article 98 – paragraph 4 4. The Management Board shall establish an advisory body representing the full range of interested parties affected by the work of the Agency, including particularly workers' representatives, which it shall consult prior to making decisions in the fields referred to in paragraph 2, points (c), (e), (f) and (i). The Management Board shall fully integrate the contribution provided by the Director for Performance Review in accordance with Article 114h when making decisions in the fields referred to in paragraph 2, points (c) and (f), and particularly the procedures relating to the climate and environmental domains. The Management Board may also decide to consult the advisory body on other issues referred to in paragraphs 2 and 3, except the areas related to the function of the Agency acting as PRB. The Management Board shall not, in any case, be bound by the opinion of the advisory body
Amendment 78 #
Proposal for a regulation Article 1 – paragraph 1 – point 4 – point c Regulation (EU) 2018/1139 Article 98 – paragraph 4 4. The Management Board shall establish an advisory body representing the
Amendment 79 #
Proposal for a regulation Article 1 – paragraph 1 – point 4 – point e Regulation (EU) 2018/1139 Article 98 – paragraph 7 Amendment 80 #
Proposal for a regulation Article 1 – paragraph 1 – point 4 – point e Regulation (EU) 2018/1139 Article 98 – paragraph 7 Amendment 81 #
Proposal for a regulation Article 1 – paragraph 1 – point 5 Regulation (EU) 2018/1139 Article 99 – paragraph 5 5. The advisory body referred to in Article 98(4) shall appoint four of its members to participate with observer status in the Management Board, except for matters related to performance review, in particular areas referred to in Article 98(2a). They shall represent, as broadly as possible, the different views represented in the advisory body, with at least one of the members being a workers' representative. The initial term of office shall be 48 months and shall be
Amendment 82 #
Proposal for a regulation Article 1 – paragraph 1 – point 6 – point a Regulation (EU) 2018/1139 Article 101 – paragraph 3 3. The Executive Director of the Agency shall take part in the deliberations, without the right to vote. Upon invitation of the Director for Performance Review, the Executive Director of the Agency may be invited to take part in the deliberations on matters related to the
Amendment 83 #
Proposal for a regulation Article 1 – paragraph 1 – point 6 – point b Regulation (EU) 2018/1139 Article 101 – paragraph 3 a 3a. The Director for Performance Review shall take part in the deliberations on areas directly or indirectly related to the function of the Agency acting as PRB, without the right to vote.
Amendment 84 #
Proposal for a regulation Article 1 – paragraph 1 – point 7 Regulation (EU) 2018/1139 Article 102 – paragraph 3 3. The Rules of Procedure of the Management Board shall establish more detailed voting arrangements, in particular the procedure for voting on urgent matters as well as climate or environmental performance matters, the conditions under which a member may act on behalf of another member, as well as any quorum requirements, where appropriate.
Amendment 85 #
Proposal for a regulation Article 1 – paragraph 1 – point 7 Regulation (EU) 2018/1139 Article 102 – paragraph 4 4. In order for them to be adopted, decisions on budgetary, human resources or administrative matters, in particular matters referred to in Article 98(2),
Amendment 86 #
Proposal for a regulation Article 1 – paragraph 1 – point 7 Regulation (EU) 2018/1139 Article 102 – paragraph 4 4. In order for them to be adopted, decisions on budgetary, human resources or administrative matters, in particular matters referred to in Article 98(2), points (d), (f), (h), (m), (n), (o) and (q)
Amendment 87 #
Proposal for a regulation Article 1 – paragraph 1 – point 7 Regulation (EU) 2018/1139 Article 101 – paragraph 4 4. In order for them to be adopted, decisions on budgetary, human resources or administrative matters, in particular matters referred to in Article 98(2), points (d), (f), (h), (m), (n), (o) and (q),
Amendment 88 #
Proposal for a regulation Article 1 – paragraph 1 – point 8 – point b – point ii Regulation (EU) 2018/1139 Article 104 – paragraph 3 – point h (h) preparing the Agency’s draft statement of estimates of revenue and expenditure pursuant to Article 120, integrating the draft estimate of the revenue and expenditure of the Agency for its functions as PRB prepared by the Director for Performance Review in accordance with Articles
Amendment 89 #
Proposal for a regulation Article 1 – paragraph 1 – point 8 – point b – point iii Regulation (EU) 2018/1139 Article 104 – paragraph 3 – point j (j) preparing the programming document referred to in Article 117(1) and, after having integrated the PRB’s section submitted by the Director for Performance Review in accordance with points (g) and (g new) of Article
Amendment 90 #
Proposal for a regulation Article 1 – paragraph 1 – point 8 – point b – point iv Regulation (EU) 2018/1139 Article 104 – paragraph 3 – point l (l) preparing an action plan following up conclusions of internal or external audit reports and evaluations, as well as investigations by OLAF, and reporting on progress twice a year to the Commission and regularly to the Management Board. The Executive Director shall coordinate with the Director for Performance Review to ensure coherence with the action plan prepared by the Director for Performance Review as regards activities related to the function of the Agency acting as PRB
Amendment 91 #
Proposal for a regulation Article 1 – paragraph 1 – point 8 – point c Regulation (EU) 2018/1139 Article 104 – paragraph 4 – subparagraph 1 4. The Executive Director of the Agency shall also be responsible for deciding whether it is necessary for the purpose of carrying out the Agency’s tasks in an efficient and effective manner to establish one or more local offices in one or more Member States or to co-locate staff in Union delegations in third countries subject to the appropriate agreements with the European External Action Service.
Amendment 92 #
Proposal for a regulation Article 1 – paragraph 1 – point 8 – point c Regulation (EU) 2018/1139 Article 104 – paragraph 4 – subparagraph 2 The first subparagraph shall not apply to the Agency in its function as PRB.
Amendment 93 #
Proposal for a regulation Article 1 – paragraph 1 – point 8 – point c Regulation (EU) 2018/1139 Article 104 – paragraph 4 – subparagraph 2 The first subparagraph shall not apply to the Agency in its function as PRB.
Amendment 94 #
Proposal for a regulation Article 1 – paragraph 1 – point 8 – point c Regulation (EU) 2018/1139 Article 104 – paragraph 4 – subparagraph 3 The decisions referred to in the first
Amendment 95 #
Proposal for a regulation Article 1 – paragraph 1 – point 8 – point c Regulation (EU) 2018/1139 Article 104 – paragraph 4 – subparagraph 3 The decisions referred to in the first and second subparagraphs require the prior consent of the Commission, the Management Board and
Amendment 96 #
Proposal for a regulation Article 1 – paragraph 1 – point 9 Regulation (EU) 2018/1139 Section II a (new) Amendment 97 #
Proposal for a regulation Article 1 – paragraph 1 – point 9 Regulation (EU) 2018/1139 Section II a – Article 114 a – paragraph 1 – point c (c)
Amendment 98 #
Proposal for a regulation Article 1 – paragraph 1 – point 9 Regulation (EU) 2018/1139 Section II a – Article 114 a – paragraph 1 – point c (c) provide an opinion to the
Amendment 99 #
Proposal for a regulation Article 1 – paragraph 1 – point 9 Regulation (EU) 2018/1139 Section II a – Article 114 b – paragraph 1 – point d a (new) (d a) decide, after obtaining the agreement of the Commission, and as regards the revenue and expenditure in respect of performance review, whether to accept any legacies donations or grants from other Union sources or any voluntary contribution from the Member States or from the national supervisory authorities referred to in Article 3 of [Amended SES2+];
source: 680.873
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History
(these mark the time of scraping, not the official date of the change)
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