44 Amendments of Merja KYLLÖNEN 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 261 #
Proposal for a regulation
Recital 8
Recital 8
(8) The measures taken in accordance with this Regulation to regulate civil aviation in the Union, including the delegated and implementing acts adopted on the basis thereof, should correspond to and be proportionate to the nature and risks associated with the different types of aircraft, operations and activities they address. They should also, in as far as possible, be formulated in a manner which focuses on objectives to be achieved, while allowing different means of achieving those objectives. This should contribute to a more cost-efficient achievement of required safety levels and to stimulating technical and operational innovation. Use should be made of recognised industry standards and practices, where it has been found that they ensure compliance with the essential requirements set out in this Regulation.
Amendment 279 #
Proposal for a regulation
Recital 14
Recital 14
(14) The Union should also lay down essential requirements for the safe provision of ground handling services., based on existing standards and guidelines. (identical to rapporteur's amendment 7.)
Amendment 336 #
Proposal for a regulation
Recital 57
Recital 57
(57) In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission. Those powers should be exercised Before adopting a delegated act, the Commission should consult the Agency, the experts from the voting States represented on the Management Board and the advisory body established under Article 85. It should take into account the opinion expressed by those consultative bodies and refrain from adopting accordance with Regulation (EU) No 182/2011 of the European Parliament delegated act in cases where a majority of the experts and of the Council15 Agency object. __________________ 15 Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).
Amendment 337 #
Proposal for a regulation
Recital 59
Recital 59
(59) In order to take into account technical, scientific, operational or safety needs, by amending or supplementing the provisions on airworthiness, environmental protection, air crew, air operations, aerodromes, ATM/ANS, air traffic controllers, third-country operators, unmanned aircraft, oversight and enforcement, flexibility provisions, fines and periodic penalty payments, and fees and charges, as well as requirements set out in annexes to this Regulation, the power to adopt acts in accordance with Article 290 of the TFEU should be delegated to the Commission. It is of particular importance that the Commission carries out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and to the Council. The Commission shall also ensure a proportionate, tailored approach to different types of aircrafts and operations.
Amendment 364 #
Proposal for a regulation
Article 1 – paragraph 2 – point h a (new)
Article 1 – paragraph 2 – point h a (new)
(ha) promoting social sustainability and addressing interdependencies between aviation safety and socio-economic factors
Amendment 371 #
Proposal for a regulation
Article 1 – paragraph 3 – point g a (new)
Article 1 – paragraph 3 – point g a (new)
(ga) identifying measures to mitigate, where is the case, socio-economic risks to aviation safety
Amendment 427 #
Proposal for a regulation
Article 4 – paragraph 1 – point e
Article 4 – paragraph 1 – point e
(e) lay down, where possible and appropriate, requirements in a manner which focuses on objectives to be achieved, while allowing different means of achieving compliance with these objectiveslaying down conditions for organizations to allow them making use of defined different means of achieving compliance with these objectives; In preparing and enacting such measures, the Member States, the Commission and the Agency shall: - assess the system maturity at European, national and organisation level, prior to implementing a performance-based scheme; - ensure that the safety culture of the organisations concerned is assessed, including the organisation's adherence to Just Culture principles and the full involvement of front-end safety professionals; - ensure that the organisations concerned allocate adequate resources in terms of safety management and reporting systems and that the competent authority concerned allocates adequate resources to guarantee effective performance-based oversight;
Amendment 433 #
Proposal for a regulation
Article 4 – paragraph 1 – point h a (new)
Article 4 – paragraph 1 – point h a (new)
(ha) take into account interdependencies between aviation safety and socio-economic factors in aviation; (To be a new point e;)
Amendment 437 #
Proposal for a regulation
Article 4 – paragraph 2 – point c
Article 4 – paragraph 2 – point c
(c) the type, complexity and performance of the aircraft involved;
Amendment 488 #
Proposal for a regulation
Article 20 – paragraph 1
Article 20 – paragraph 1
1. Unless otherwise established by delegated acts adopted pursuant to Article 25, pPilots shall be subject to certification and shall be issued with a pilot licence and a pilot medical certificate appropriate to the operation to be performed.
Amendment 491 #
Proposal for a regulation
Article 21 – paragraph 1
Article 21 – paragraph 1
Cabin crew involved in commercial air transport operations shall be subject to certification and shall be issued with an attestation. certificate. (Identical to rapporteur's amendment 64.)
Amendment 495 #
Proposal for a regulation
Article 21 – paragraph 2
Article 21 – paragraph 2
Where the delegated acts adopted pursuant to Article 25 so provide, cabin crew involved in operations other than commercial air transport shall also be subject to certification and shall be issued with an attestation. certificate. (Identical to rapporteur's amendment 65.)
Amendment 496 #
Proposal for a regulation
Article 21 – paragraph 3
Article 21 – paragraph 3
Those attestationcertificates shall be issued upon application, when the applicant has demonstrated that he or she complies with the rules established by delegated acts adopted pursuant to Article 25 to ensure compliance with the essential requirements referred to in Article 19 on theoretical knowledge, practical skill and medical fitness. (Identical to rapporteur's amendment 66.)
Amendment 590 #
Proposal for a regulation
Article 37
Article 37
Amendment 695 #
Proposal for a regulation
Article 53 – paragraph 3
Article 53 – paragraph 3
3. The Agency or a Member State, as applicable, shall only agree to the transfer of responsibilities referred to in paragraphs 1 or 2 when it is satisfied and demonstrates that it can effectively exercise the transferred responsibility in compliance with this Regulation and the delegated and implementing acts adopted on the basis thereof, and has the necessary resources to do so.
Amendment 727 #
Proposal for a regulation
Article 54 – paragraph 1 – subparagraph 3
Article 54 – paragraph 1 – subparagraph 3
Where the organisations referred to in the first and second subparagraph make such a request, they shall informconsult the national competent authorities of the Member States in which they have their principal places of business.
Amendment 732 #
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, and demonstrates that it has the necessary resources to do so, it shall establish, jointly with the Member State or Member States concerned, as applicable, a transition plan that ensures an orderly transfer of those responsibilities. The organisations that requested the transfer, including the stakeholders concerned, shall be consulted on this transition plan before it is finalised.
Amendment 758 #
Proposal for a regulation
Article 59 – paragraph 2 – subparagraph 1
Article 59 – paragraph 2 – subparagraph 1
Where the duration of the measures referred to in paragraph 1 exceeds eighttwo consecutive months or where a Member State has taken the same measures repetitively and their total duration exceeds eight months, the Agency shall assess whether the conditions of paragraph 1 have been met and issue, within three months from the date of the reception of the notification referred to in paragraph 1, a recommendation to the Commission as regards the outcome of that assessment. The Agency shall include that recommendation in the repository established under Article 63.
Amendment 764 #
Proposal for a regulation
Article 60 – paragraph 2 – subparagraph 1
Article 60 – paragraph 2 – subparagraph 1
Where the duration of the exemptions referred to in paragraph 1 exceeds eighttwo consecutive months or where a Member State has granted the same exemptions repetitively and their total duration exceeds eighttwo months, the Agency shall assess whether the conditions of paragraph 1 have been met and issue, within three months from the date of the reception of the notification referred to in paragraph 1, a recommendation to the Commission as regards the outcome of that assessment. The Agency shall include that recommendation in the repository established under Article 63.
Amendment 769 #
Proposal for a regulation
Article 60 – paragraph 3 – subparagraph 1
Article 60 – paragraph 3 – subparagraph 1
Where a Member State considers that the compliance with the applicable essential requirements set out in the Annexes can be demonstrated by other means than those laid down in the delegated and implementing acts adopted on the basis of this Regulation, and that those means present significant advantages in terms of civil aviation safety or of efficiency for the persons subject to this Regulation or for the authorities concerned, it may submit to the Commission and the Agency, through the repository established under Article 63, a reasoned request for amendment ofto grant a derogation from the delegated or implementing act concerned so as to allow for the use of those other means.
Amendment 775 #
Proposal for a regulation
Article 61 – paragraph 2
Article 61 – paragraph 2
2. The Agency shall coordinate at Union level the gathering, exchange and analysis of information on matters falling within the scope of this Regulation. For that purpose, the Agency may enter into administrative arrangements with legal and natural persons subject to this Regulation, or associations of such persons, on information gathering, exchange and analysis. The arrangements should provide, as far as possible, existing channels, avoiding additional burden. (Identical to rapporteur's amendment 152.)
Amendment 799 #
Proposal for a regulation
Article 65 – paragraph 4 – subparagraph 2
Article 65 – paragraph 4 – subparagraph 2
The Agency may grant exemptions to any legal or natural person to whom it has issued a certificate in the situations and subject to the conditions set out in Article 60(1). In such a case, the Agency shall immediately notify the Commission and the Member States, through the repository established under Article 63, of the exemptions granted, the reasons for granting them and, where applicable, the necessary mitigation measures applied. Where the duration of an exemption exceeds eighttwo consecutive months or where the Agency has granted the same exemption repetitively and their total duration exceeds eighttwo months, the Commission shall assess whether those conditions have been met, and where it considers that this is not the case, it shall adopt an implementing decision to that effect, which shall be published in the Official Journal of the European Union and entered into the repository established under Article 63. The Agency shall immediately revoke the exemption upon the notification of that implementing decision.
Amendment 826 #
Proposal for a regulation
Article 72 – paragraph 2 – subparagraph 1
Article 72 – paragraph 2 – subparagraph 1
The fines and periodic penalty payments referred to in paragraph 1 shall be effective, proportionate and dissuasive. They shall be set taking account ofcalculated on the basis of the turnover achieved by the legal or natural person concerned through the activities concerned by the violation, and shall be proportionate to the gravity of the case, and in particular the extent to which safety or protection of the environment has been compromised, and to the economic capacity of the legal or natural person concerned. (Identical to rapporteur's amendment 191)
Amendment 827 #
Proposal for a regulation
Article 72 – paragraph 2 – subparagraph 2
Article 72 – paragraph 2 – subparagraph 2
The amount of the fines shall not exceed 4 % of the annual income or turnover ofachieved by the legal or natural person concerned through the activities concerned by the violation. The amount of the periodic penalty shall not exceed 2.5 % of the average daily income or turnover of the legal or natural person concerned.
Amendment 838 #
Proposal for a regulation
Article 73 a (new)
Article 73 a (new)
Article 73a Common certification and oversight culture The Agency shall play an active role in building a common certification and oversight culture and consistent authority practises in order to ensure that the Objectives of Article 1 are fulfilled. The Agency shall carry out, taking into consideration the results of its monitoring activities, at least the following activities: a) organise a system of peer reviews of competent authorities aimed at capability building and knowledge transfer b) provide the necessary coordination to enable personnel exchanges between national authorities c) consult all the relevant stakeholders as necessary on the progress of this process (To be a new Article 73.)
Amendment 840 #
Proposal for a regulation
Article 74 – paragraph 1
Article 74 – paragraph 1
1. The Agency shall assist the Commission to recognize the priority research themes in order to contribute to the continuous progress of aviation safety and security and to facilitate the free movement of goods and persons and improving the competitiveness of the Union's aviation industry. In addition, the Agency shall assist the Member States and the Commission in identifying key research themes in the field of civil aviation to contribute to ensuring consistency and coordination between publicly funded research and development and policies falling within the scope of this Regulation.
Amendment 889 #
Proposal for a regulation
Article 76 – paragraph 3 a (new)
Article 76 – paragraph 3 a (new)
3a. The Agency shall, where it considers it necessary, propose to the Commission the inclusion of safety- critical tasks or functions under this regulation to those which may be performed only by a person who has successfully completed a background check in accordance with point 11.1.3 of Regulation (EU) No 2015/1998. When doing so, the Agency shall also consider the introduction of periodical security clearance procedures for personnel of aforementioned aviation-related tasks or functions. (To be a new paragraph 4.)
Amendment 895 #
Proposal for a regulation
Article 76 a (new)
Article 76 a (new)
Article 76a [NEW Article 77] Socio-Economic Factors 1. The Member States, the Commission, the Agency and other bodies, shall, within their respective fields of competence, cooperate on social and employment matters, 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 mitigate socio-economic risks to aviation safety. 2. The Agency shall consult and involve EU social partners when addressing such interdependencies, as well as other relevant stakeholders. In order to inform interested parties and the general public, the Agency shall, every three years, publish a social sustainability review, which shall give an objective account of the actions and measures undertaken, in particular those addressing the interdependencies between civil aviation safety and socio-economic factors. (TO BE A NEW ARTICLE 77.)
Amendment 921 #
Proposal for a regulation
Article 85 – paragraph 2 – point j
Article 85 – paragraph 2 – point j
(j) adopt its Rules of Procedure and the Rules of Procedure of the Executive Board;
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 936 #
Proposal for a regulation
Article 90
Article 90
Amendment 942 #
Proposal for a regulation
Article 91 – paragraph 3 – point l
Article 91 – 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 and the Executive Board;
Amendment 952 #
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. When consultation relating to the possible social impact of those measures of the Agency is required, the Agency shall involve stakeholders, includEU social partners and other relevant stakeholders and consult them ing the EU social partnerassessment of the possible social impact of those measures.
Amendment 955 #
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. When consultation relating to the possible social impact and/or occupational health and safety of those measures of the Agency is required, the Agency shall involve stakeholders, including the EU social partners.
Amendment 979 #
Proposal for a regulation
Article 113 – paragraph 1
Article 113 – paragraph 1
1. Not later than [five years after the date referred to in Article 127 – OP please insert the exact date], and every five years thereafter, the Commission shall commission an evaluation in compliance with the Commission guidelines to assess the Agency's performance in relation to its objectives, mandate and tasks. It shall also assess the impact of this Regulation, the Agency and its working practices in establishing a high level of civil aviation safety. The evaluation shall, in particular, address the possible need to modify the mandate of the Agency, and the financial implications of any such modification. The evaluation shall take into account the views of stakeholders at both European and national level.
Amendment 983 #
Proposal for a regulation
Article 113 – paragraph 3
Article 113 – paragraph 3
3. The Commission shall forward the evaluation findings together with its conclusions, to the European Parliament, the Council and the Management Board. The findings of the evaluation and the recommendations shall be made public.
Amendment 991 #
Proposal for a regulation
Article 117 – paragraph 2
Article 117 – paragraph 2
2. The power to adopt delegated acts referred to in Article 2(3)(d), Article 18, Article 25, Article 28, Article 34, Article 39, Article 44, Article 47, Article 50, Article 51(10), Article 52(5), Article 72(4) and Article 115(1) shall be conferred on the Commission following approval by the Agency and experts on the Management Board to ensure appropriate use of Delegated Acts. This power shall be conferred for an indeterminate period of time.
Amendment 1005 #
Proposal for a regulation
Article 123 – paragraph 1 – point 4 – point a
Article 123 – paragraph 1 – point 4 – point a
Regulation 1008/2008
Article 13 – paragraph 2
Article 13 – paragraph 2
Amendment 1009 #
Proposal for a regulation
Article 125 – paragraph 1
Article 125 – paragraph 1
376/2014
Article 3 – paragraph 2
Article 3 – paragraph 2
However, this Regulation shall not apply to occurrences and other safety-related information involving unmanned aircraft for which a certificate or declaration is not required pursuant to Article 46(1) and (2) of Regulation (EU) YYYY/N [ref. to new regulation], unless the occurrence or other safety-related information involving such unmanned aircraft resulted or could have resulted in a fatal or serious injury to a person or it involved aircraft other than unmanned aircraft.
Amendment 1058 #
Proposal for a regulation
Annex V – point 7 – point 7.2
Annex V – point 7 – point 7.2
7.2. The pilot in command must have the authority to give all commands and take any appropriate actions for the purpose of securing the operation and the safety of the aircraft and of persons and/or property carried therein. The pilots must be able to exercise this authority without interference of economic or commercial considerations that could influence the operational safety decisions.
Amendment 1059 #
Proposal for a regulation
Annex V – point 8 – point 8.1 – point b
Annex V – point 8 – point 8.1 – point b
(b) the operator must use only suitably qualified and trained personnel and implement and maintain training and checking programmes for the crew members and other relevant personnel; the operator must provide crew members with the training and checking necessary to ensure the currency of their licenses and to obtain and maintain the license ratings and the experience needed to operate the aircraft in which they perform their duties. Without prejudice to proportionate systems to ensure the operator a return on training investments, crewmembers must not operate an aircraft in commercial service while having to pay directly to the operator or indirectly to third parties for training that is necessary for the maintenance of their license and of the ratings required for the operation of the operator's aircraft.
Amendment 1081 #
Proposal for a regulation
Annex VIII – point 6 – point 6.2 a (new)
Annex VIII – point 6 – point 6.2 a (new)
6.2a. Personnel involved in safety related duties for the provision of air traffic management/air navigation services must be trained and checked on a regular basis to attain and maintain an adequate level of competency in order to perform their assigned safety duties. (To be a new point 7.)