24 Amendments of Andor DELI related to 2013/0186(COD)
Amendment 17 #
Proposal for a regulation
Recital 2 a (new)
Recital 2 a (new)
(2a) In order to take into account the developments in the broader environment of the European aviation sector such as the European Parliament resolution of 28 November 2019 on the climate and environment emergency and the EU digital agenda, it is necessary to improve the environmental efficiency of the European aviation sector.
Amendment 20 #
Proposal for a regulation
Recital 4 a (new)
Recital 4 a (new)
(4a) It is necessary to ensure legal certainty in the implementation of common transport policy. This entails a clear division of competences between the Union and the Member States. Where decision-making powers are granted to non-state entities, it shall be ensured that such powers do not collide with the prerogatives of the Member States.
Amendment 26 #
Proposal for a regulation
Recital 7
Recital 7
(7) IWhile improvements in the environmental performance of ATM also directly contribute to the achievement of the objectives contained in the Paris Agreement and in the Commission’s European Green Deal, in particular through the reduction of aviation emissions, improving ATM efficiency cannot in itself ensure the environmental efficiency of the aviation sector. Furthermore, since higher traffic levels generate more emissions and a greater non-CO₂ impact, access to airspace cannot be maximised without considering the environmental consequences.
Amendment 40 #
Proposal for a regulation
Recital 15
Recital 15
(15) TWhile there should be no discrimination between airspace users as to the provision of equivalent air navigation services, granting access to airspace and the level of air navigation fees may depend on overall environmental impact and environmental efficiency of aircraft, as in the case of the modulation of charges based on environmental criteria. Furthermore, in line with the Sustainable and Smart Mobility Strategy (COM(2020) 789) of the European Commission, it is necessary to ensure the internalisation of external cost through the implementation of the polluter pays and user pays principles, in particular through carbon charging and infrastructure charging mechanisms.
Amendment 44 #
Proposal for a regulation
Recital 16
Recital 16
(16) State prerogatives stemming from the responsibility of the Member States to carry out functions under the scope of the Chicago Convention, should be clearly distinguished from economic activities. Air traffic services, provided on an exclusive basis, should be subject to designation and minimum public interest requirements.
Amendment 82 #
Proposal for a regulation
Recital 28
Recital 28
(28) The charging scheme should be based on the principle that airspace users should pay for the cost incurred for the provision of the services receivedinfrastructure and services made available but that only cost imputable to such service and not covered otherwise should be taken into account. The costs related to the Network Manager should be included in the determined costs eligible to be charged to airspace users. Charges should encourage the safe, efficient, effective and sustainable provision of air navigation services with a view to achieving a high level of safety and cost-efficiency and meetingRisk sharing mechanisms should be without prejudice to the basic principles for financing air navigation services; namely that the pserformance targets and they should stimulate integrated service provision, whilst reducing the environmental impact of aviationvices remain fully user-financed, without any obligation for State subsidies.
Amendment 90 #
Proposal for a regulation
Recital 32 a (new)
Recital 32 a (new)
(32a) The Member States are party to the EUROCONTROL International Convention Relating to Co-operation for the Safety of Air Navigation according to which EUROCONTROL shall develop and operate a common European air traffic flow management system at a common international centre, and the EU has signed an Accession Protocol to the EUROCONTROL Convention.
Amendment 92 #
Proposal for a regulation
Recital 33
Recital 33
(33) In the cooperative decision making process for the decisions to be taken by the Network Manager, the interest of the network should prevail. Parties to the cooperative decision-making process should therefore act to the maximum extent possible with a view to improving the functioning and performance of the network. The procedures for the cooperative decision-making process should promote the interest of the network, and be such that issues are resolved and consensus found wherever possible. The Member States should have a clear role in the cooperative decision-making process, and, at the same time, the decision-making powers belonging to Member States should be clearly distinguished from those to be taken under the scope of the cooperative decision-making process. The decisions taken in the cooperative decision-making process are not binding and are not of a regulatory nature. Therefore, there is no need for the provision of an appeal procedure for such decisions. The decision-making power and final responsibility for the decisions taken in the cooperative decision-making process belongs to the Network Manager.
Amendment 123 #
Proposal for a regulation
Article 2 – paragraph 1 – point 6
Article 2 – paragraph 1 – point 6
6. ‘air traffic data services’ means functions or services consisting in the collection, aggregation andor integration of operational data from providers of surveillance services, from providers of MET and AIS and network functions and from other relevant entities, or the provision of processed data for air traffic control and air traffic management purposes;
Amendment 125 #
Proposal for a regulation
Article 2 – paragraph 1 – point 7
Article 2 – paragraph 1 – point 7
7. ‘air traffic flow and capacity management (ATFCM)’ means a function or a service aiming at protecting air traffic control from over-delivery and optimising the use of the available capacity;
Amendment 129 #
Proposal for a regulation
Article 2 – paragraph 1 – point 12
Article 2 – paragraph 1 – point 12
12. ‘airspace management’ means a planning function with the primary objective of maxoptimising the utilisation of available airspace by dynamic time-sharing and, at times, the segregation of airspace among various categories of airspace users on the basis of short-term needs;
Amendment 141 #
Proposal for a regulation
Article 2 – paragraph 1 – point 26
Article 2 – paragraph 1 – point 26
26. ‘cooperative decision-making’ (CDM) means a process in which decisions are made based on interaction and consultation withdecision-making process defined by law as a CDM process, in which the entity defined as holding the decision-making power shall take into account the views expressed by Member States, operational stakeholders and other actors as appropriateinvolved in the CDM process;
Amendment 153 #
Proposal for a regulation
Article 2 – paragraph 1 – point 43
Article 2 – paragraph 1 – point 43
43. ‘Network Manager’ means the entity entrusted with the tasks necessary to contribute to the execution of the network functions referred to in Article 26, in accordance with Article 27;
Amendment 566 #
Proposal for a regulation
Article 13 – paragraph 11 – subparagraph 1
Article 13 – paragraph 11 – subparagraph 1
The designated air traffic service provider shall provide the information and data necessary for the monitoring of the performance of air navigation services. This shall include information and data related to actual costs and revenues. Where performance targets are not reached or the performance plan is not correctly implemented, the Agency acting as PRB shall issue decisions requiring corrective measures to be implemented by the air traffic service providers. These corrective measures may include, where objectively necessary, a requirement for an air traffic service provider to delegate the provision of the relevant services to another air traffic service provider. Where the performance targets continue to be missed, or where the performance plan continues to be incorrectly implemented or where corrective measures imposed are not or not properly applied, the Agency acting as PRB shall conduct an investigation and provide an opinion to the Commission in accordance with Article 24(2). The Commission may take action in accordance with Article 24(3).
Amendment 742 #
Proposal for a regulation
Article 23 – paragraph 1
Article 23 – paragraph 1
For the implementation of the charging scheme, the Commission shall adopt detailed requirements and procedures in respect of Articles 19, 20, 21 and 22 in particular regarding the cost bases and determined costs, the setting of unit rates, the incentives schemes and risk sharing mechanisms and the modulation of charges. Those requirements and procedures shall be set out in an implementing act adopted in accordance with the advisoryexamination procedure referred to in Article 37(2). The Commission shall be empowered to adopt delegated acts in accordance with Article 36 to amend this Regulation in order to supplement or amend non-essential aspects of the risk sharing mechanism.
Amendment 782 #
Proposal for a regulation
Article 26 – paragraph 1
Article 26 – paragraph 1
1. The air traffic management network functions shall ensure the sustainable and efficient use of the airspace and of scarce resources, in line with the provisions of the Chicago Convention. They shall also ensure that airspace users can operate environmentally optimal trajectories, while allowing maximumfair and reasonable access to airspace and air navigation services. Those network functions , enumerated in paragraphs 2 and 3, shall support the achievement of the Union-wide performance targets and, shall be based on operational requirements and shall be executed in a manner which respects the separation of regulatory and operational tasks.
Amendment 813 #
Proposal for a regulation
Article 26 – paragraph 3 a (new)
Article 26 – paragraph 3 a (new)
3a. The Network Manager shall be responsible for the execution of the network functions. The Network Manager shall involve the Member States and operational stakeholders in the execution of the network functions through cooperative arrangements
Amendment 820 #
Proposal for a regulation
Article 26 – paragraph 5
Article 26 – paragraph 5
5. The Commission shall be empowered to adopt delegated acts in accordance with Article 36 to amend this Regulation in order to add functions to the ones listed in paragraphs 2 and 3, where necessary for the functioning and performance of the network. Such new functions shall remain within the scope of existing EU competence and be without prejudice to Member State prerogatives and functions executed by the Member States.
Amendment 825 #
Proposal for a regulation
Article 27 – paragraph 1
Article 27 – paragraph 1
1. In order to achieve the objectives referred to in Article 26, the Commission, supported by the Agency, in consultation with the Committee where relevant, shall ensure that the Network Manager contributes to the execution ofexecutes the network functions set out in Article 26, by carrying out the tasks referred to in paragraph 4 .
Amendment 838 #
Proposal for a regulation
Article 27 – paragraph 4
Article 27 – paragraph 4
4. The Network Manager shall contribute to the execution ofexecute the network functions through non-binding support measures aimed at safe and efficient planning and operations of the network under normal and crisis conditions and through other non-binding measures aimed at the continuous improvement of network operations in the Single European Sky and the overall performance of the network, especially regarding the implementation of the performance scheme. The action taken by the Network Manager shall take account of the need to fully integrate the airports in the network using Collaborative Decision Making processes.
Amendment 871 #
Proposal for a regulation
Article 31 – paragraph 1
Article 31 – paragraph 1
1. With regard to general air traffic, relevant operational data shall be made available in real-time, on a non- discriminatory basis and without prejudice to security or defence policy interests, by all air navigation service providers, airspace users, airports, and the Network Manager, includCertain types of operational data relating to general air traffic shall be made available by operational stakeholders, in order to facilitate operational efficiency. The Commission shall be empowered to adopt delegated acts in accordance with Article 36 ing on cross-border basis and on a Union-wide basis. Such availability shall be to the benefit of certified or declared air traffic service providers, entities having a proven interest in considering the provision ofrder to define the scope of such operational data to be provided to certified or declared air traffic service providers, military air traffic service providers, airspace users and airports as well as the Network Manager on a non- discriminatory basis and without prejudice to security or defence policy interests, by all air navigation service providers, airspace users and, airports as well as the Network Manager. The, and the Network Manager, as well as the technicalities of such data provision, including financing and liability aspects. Such data shall be used only for operational purposes only.
Amendment 876 #
Proposal for a regulation
Article 31 – paragraph 2
Article 31 – paragraph 2
Amendment 877 #
Proposal for a regulation
Article 31 – paragraph 3
Article 31 – paragraph 3
Amendment 880 #
Proposal for a regulation
Article 31 – paragraph 4
Article 31 – paragraph 4