31 Amendments of Christine REVAULT D'ALLONNES BONNEFOY related to 2015/0277(COD)
Amendment 249 #
Proposal for a regulation
Recital 1
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 rulesand environmental rules based on the precautionary principle and by measures ensurguaranteeing that anyll goods, persons and organisations involved in civil aviation activity in the Union comply with such rules and with those adopted to protect the environment.
Amendment 252 #
Proposal for a regulation
Recital 1 a (new)
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 304 #
Proposal for a regulation
Recital 32 a (new)
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 307 #
Proposal for a regulation
Recital 33 a (new)
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 322 #
Proposal for a regulation
Recital 45
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 343 #
Proposal for a regulation
Recital 64 a (new)
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 387 #
Proposal for a regulation
Article 2 – paragraph 3 – point a
Article 2 – paragraph 3 – point a
(a) state aircraft, and their productengines, propellers, parts and non-installed equipment, 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 a body vested with public authority powers, and the personnel and organisations involved in the activities and services performed by statthese aircraft;
Amendment 415 #
Proposal for a regulation
Article 3 – paragraph 1 – point 32
Article 3 – paragraph 1 – point 32
Amendment 432 #
Proposal for a regulation
Article 4 – paragraph 1 – point h – indent 1 (new)
Article 4 – paragraph 1 – point h – indent 1 (new)
- take into account interdependencies between aviation safety and socio-economic factors;
Amendment 464 #
Proposal for a regulation
Article 9 – paragraph 1
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 essnvironmential protection requirements for airworthiness set out in Annex II and, as regards noise and emissions, the essential requirements for the envircontained in Amendment 8 of Volume I and in Amendment 5 of Volume II of Annex 16 to the Chicago Conmvental compatibility of products set out inion as applicable on 24 November 2005, except for the Appendices to Annex III16.
Amendment 703 #
Proposal for a regulation
Article 53 – paragraph 4 – subparagraph 1
Article 53 – paragraph 4 – subparagraph 1
When a Member State intends to transfer certain responsibilities in accordance with paragraphs 1 or 2, it shall establish jointly with the Agency or with the other Member State, as applicable, a transition plan that ensures an orderly transfer of those responsibilities. The legal and natural persons, including relevant stakeholders, 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. It shall carry out jointly with the Agency or with the other Member State, as applicable, and in consultation with relevant stakeholders, an impact assessment covering, among others, any social, economic or employment repercussions.
Amendment 719 #
Proposal for a regulation
Article 54 – paragraph 1 – subparagraph 1
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 725 #
Proposal for a regulation
Article 54 – paragraph 1 – subparagraph 3
Article 54 – paragraph 1 – subparagraph 3
Amendment 729 #
Proposal for a regulation
Article 54 – paragraph 2 – subparagraph 1
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 shall be consulted on this transition plan before it is finalised, including all relevant stakeholder concerned, shall be consulted during the establishment of this transition plan before it is finalised. It shall carry out jointly with the other Member States concerned, and in consultation with relevant stakeholders, an impact assessment covering, among others, any social, economic or employment repercussions.
Amendment 849 #
Proposal for a regulation
Article 75 – paragraph 1
Article 75 – paragraph 1
1. The measures taken by the Agency as regards to aircraft emissions and aircraft noise, for the purpose of the certification of the design of products in accordance with Article 11 and in the framework of ICAO Annex 16, shall aim at preventing potentially significant harmful effects on the environment and human health caused by the civil aviation activities concerned.
Amendment 851 #
Proposal for a regulation
Article 75 – paragraph 1
Article 75 – paragraph 1
1. The measures taken by the Agency as regards emissions and noise, for the purpose of the certification of the design of products in accordance with Article 11 and Annex 16 to the ICAO, shall aim at preventing significant harmful effects on the environment and human health caused by the civil aviation activities concerned.
Amendment 866 #
Proposal for a regulation
Article 76 – title
Article 76 – title
Amendment 873 #
Proposal for a regulation
Article 76 – paragraph 1
Article 76 – paragraph 1
1. The Member States, the Commission and the Agency shall cooperate on security matters related to civil aviation, including cyber security, with a view to ensuring thathere there are interdependencies between civil aviation safety and security are taken into account.
Amendment 876 #
Proposal for a regulation
Article 76 – paragraph 2
Article 76 – paragraph 2
2. TWhere interdependencies exist between civil aviation safety and security, the Agency shall, upon request, provide technical assistance to the Commission in the implementation of Regulation (EC) No 300/2008 of the European Parliament and of the Council22, including in the performance of security inspections and in the preparation of the measures to be adopted under that Regulation, where the Agency has the relevant expertise in the security field concerned, in the implementation of fields 3, 10 and 11 and of chapter 4.3 of field 4 of Annex I to Regulation (EC) No 300/2008 of the European Parliament and of the Council22. __________________ 22 Regulation (EC) No 300/2008 of the European Parliament and of the Council of 11 March 2008 on common rules in the field of civil aviation security and repealing Regulation (EC) No 2320/2002 (OJ L 97, 9.4.2008, p. 72.)
Amendment 880 #
Proposal for a regulation
Article 76 – paragraph 3
Article 76 – paragraph 3
3. To help protect civil aviation against acts of unlawful interference, the Agency may take the necessary measures under Article 65(6) and Article 66(1)(i), where necessary, respond without undue delay to urgent matters of common interest to the Member States where interdependencies exist between civil aviation safety and security and where these fall within the scope of this regulation and: (a) take measures under Article 66(1)(i) to resolve weaknesses in aircraft design; (b) recommend measures to be taken by the competent national authorities or legal and natural persons, subject to the provisions of this regulation, and/or the dissemination of relevant information for such authorities and persons, where the matter affects aircraft operation, including the risks to civil aviation engendered in conflict zones. Before taking suchthe measures referred to in paragraphs (a) and (b), the Agency shall obtain the agreement of the Commission and consult the Member States. The Agency must base its measures, where possible, on assessments of common risks to the EU and take into account the need for a rapid response to emergencies.
Amendment 894 #
Proposal for a regulation
Article 76 – paragraph 3 – indent 1 (new)
Article 76 – paragraph 3 – indent 1 (new)
- New Article 77: 1. The Member States, the Commission, the Agency and other bodies, shall, cooperate on issues regarding social conditions and employment, with a view to ensuring that interdependencies between civil aviation safety and socio-economic factors are taken into account, among others in regulatory processes, as well as with a view of identifying measures to prevent socio-economic risks to aviation safety. 2. The Agency shall consult and involve relevant stakeholders when addressing such interdependencies.
Amendment 897 #
Proposal for a regulation
Article 77 – paragraph 1
Article 77 – paragraph 1
1. The Agency shall, upon request, assist the Commission in its management of relations with third countries and international organisations relating to matters covered by this Regulation. Such assistance shall in particular contribute to the harmonisation of rules and, the mutual recognition of certificates and defence of the interests of the European aerospace industry.
Amendment 920 #
Proposal for a regulation
Article 84 a (new)
Article 84 a (new)
Article 84a Cooperation with national judicial authorities In cases where national judicial proceedings could concern the Agency owing to its having performed its certification, oversight and enforcement tasks, the Agency and its staff shall cooperate without undue delay with the competent national authorities. The procedures to be applied in such cases shall be established by the Management Board in accordance with Article 85(q)a.
Amendment 924 #
Proposal for a regulation
Article 85 – paragraph 2 – point p a (new)
Article 85 – paragraph 2 – point p a (new)
Amendment 925 #
Proposal for a regulation
Article 85 – paragraph 2 – point q a (new)
Article 85 – paragraph 2 – point q a (new)
(a) establish the procedures for cooperation by the Agency and its staff in connection with national judicial proceedings concerning cases in which the Agency has exercised its powers in the performance of its certification, oversight and enforcement tasks, without prejudice to Regulation (EU) No 996/2010 or Regulation (EU) No 376/2014.
Amendment 926 #
Proposal for a regulation
Article 85 – paragraph 4
Article 85 – 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 trade union and civil society representatives, which it shall consult prior to making decisions in the fields referred to in paragraph 2(c), (e), (f) and (i)covered by the regulation. The Management Board may also decide to consult the advisory body on other issues referred to in paragraphs 2 and 3. The Management Board shall not, in any case, be bound by the opinion of the advisory body.
Amendment 937 #
Proposal for a regulation
Article 90 – paragraph 4
Article 90 – paragraph 4
4. The Executive Board shall be composed of the Chairperson of the Management Board, twoone representatives of the Commission, one representative of the European Parliament and six other members appointed by the Management Board from among its members with the right to vote. The Chairperson of the Management Board shall also be the Chairperson of the Executive Board. The Executive Director shall take part in the meetings of the Executive Board, but shall not have the right to vote. The Advisory Board mayshall appoint onetwo of its members as observer.
Amendment 954 #
Proposal for a regulation
Article 104 – paragraph 2
Article 104 – paragraph 2
2. When the Agency, pursuant to Article 65(1) and (3), develops opinions, certification specifications, acceptable means of compliance and guidance material, it shall establish a procedure for the prior consultation of the Member States. To that effect, it may create a working group in which each Member State is entitled to designate an expert. When consultation relating to military aspects is required, the Agency shall also involve the European Defence Agency and competent military experts representing the Member States. When consultation relating to the possible social impact of those measures of the Agency is required, the Agency shall involve stakeholders, including the EU social partners.
Amendment 961 #
Proposal for a regulation
Article 109 – paragraph 1 – point f
Article 109 – paragraph 1 – point f
Amendment 969 #
Proposal for a regulation
Article 109 – paragraph 1 – point f
Article 109 – paragraph 1 – point f
Amendment 1054 #
Proposal for a regulation
Annex V – point 1 – point 1.1
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 preparation and execution are not familiar with applicable laws, regulations and procedures, pertinent to the performance of their duties, prescribed for the areas to be traversed, the aerodromes planned to be used and the air navigation facilities relating thereto. As a general rule, direct employment should be the standard model of employment for crew members. Non- direct employment should be limited to specific temporary operational needs.