Activities of Gabriele PREUSS related to 2015/0277(COD)
Plenary speeches (1)
Common rules in the field of civil aviation and European Union Aviation Safety Agency (debate) DE
Shadow reports (1)
REPORT on the proposal for a regulation of the European Parliament and of the Council on common rules in the field of civil aviation and establishing a European Union Aviation Safety Agency, and repealing Regulation (EC) No 216/2008 of the European Parliament and of the Council PDF (1 MB) DOC (244 KB)
Amendments (86)
Amendment 267 #
Proposal for a regulation
Recital 10
Recital 10
(10) In accordance with the provisions laid down in Annex 19 to the Chicago Convention, Member States are to establish an acceptable level of safety performance in relation to the aviation activities under their responsibility. In order to assist the Member States in meeting this requirement in a coordinated manner, the European Plan for Aviation Safety should lay down an acceptable high uniform level of safety performance for the Union in respect to the different categories of aviation activities. That acceptable level of safety performance should not have a binding character but express the ambition of the Union and of the Member States with regard to civil aviation safety.
Amendment 270 #
Proposal for a regulation
Recital 12
Recital 12
(12) In line with standards and recommended practices set by the Chicago Convention, essential requirements applicable to aeronautical products, parts, non-installed equipment, aerodromes and the provision of ATM/ANS should be established. Furthermore, essential requirements applicable to persons and organisations involved in the operation of aircraft, the operation of aerodromes and in the provision of ATM/ANS, and essential requirements applicable to persons and products involved in the training and medical examination of aircrew and air traffic controllers and air traffic safety electronics personnel should also be established.
Amendment 277 #
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 ground handling guidelines provided by existing rules and schemes provided by the industry on an international level.
Amendment 283 #
Proposal for a regulation
Recital 16
Recital 16
(16) Aeronautical products, parts and non-installed equipment, aerodromes and their equipment, operators of aircraft and aerodromes, ATM/ANS systems and providers, as well as pilots, air traffic controllers, air traffic safety electronics personnel and persons, products and organisations involved in their training and medical examination, should be certified or licensed once they have been found to comply with relevant essential requirements or, where relevant, the other requirements established in or pursuant to this Regulation. The Commission should be empowered to adopt the necessary detailed rules for the issuance of those certificates and where relevant, the declarations to be made to this effect, taking into account the objectives of the Regulation and the nature and risk of the particular activity concerned.
Amendment 285 #
Proposal for a regulation
Recital 17
Recital 17
(17) The possibility should be given to the organisations involved in the design and manufacture of aeronautical products and parts to declare the compliance of the design of products and parts with the relevant industry standards, where this is considered to ensure an acceptable high uniform level of safety. This possibility should be limited to products used in light and sport aviation, and under appropriate limitations and conditions to ensure safety.
Amendment 338 #
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, air traffic safety electronics personnel, third-country operators, unmanned aircraft, oversight and enforcement, flexibility provisions, fines and periodic penalty payments, and fees and charges, as well as requirements set out in annexes to this Regulation, the power to adopt acts in accordance with Article 290 of the TFEU should be delegated to the Commission. It is of particular importance that the Commission carries out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and to the Council.
Amendment 342 #
Proposal for a regulation
Recital 64 a (new)
Recital 64 a (new)
(64a) Since there is a high amount of different commercial air transport activities, it has to be ensured that rules applying to this sector are further elaborated at a technical level; a detailed act should be valid for wide range of operations, each subject to rules that are according to the risk of particular operations or types of operations.
Amendment 360 #
Proposal for a regulation
Article 1 – paragraph 2 – point h – indent 1 (new)
Article 1 – paragraph 2 – point h – indent 1 (new)
Amendment 389 #
Proposal for a regulation
Article 2 – paragraph 3 – point d – paragraph 1
Article 2 – paragraph 3 – point d – paragraph 1
the design, production, maintenance and operation of the aircraft listed in Annex I, aircraft the operation of which involves low risk for aviation safety, as listed in Annex I, and to the personnel and organisations involved therein, unless the aircraft has been issued, or deemed to have been issued, with a certificate in accordance with Regulation (EC) No 216/2008.
Amendment 391 #
Proposal for a regulation
Article 2 – paragraph 3 – point d – paragraph 3 – point ii
Article 2 – paragraph 3 – point d – paragraph 3 – point ii
(ii) the weight, speed, and hot air volume limits referred to in points (e), (f), (g), (h), (i) and (j) of that Annex.; and
Amendment 392 #
Proposal for a regulation
Article 2 – paragraph 3 – point d – paragraph 3 – point ii – indent 1 (new)
Article 2 – paragraph 3 – point d – paragraph 3 – point ii – indent 1 (new)
- the criteria set out in points (b) and (c) of that Annex.
Amendment 402 #
Proposal for a regulation
Article 3 – paragraph 1 – point 22
Article 3 – paragraph 1 – point 22
(22) ‘ground handling service’ means any safety-related service provided at aerodromes comprising safety related activities in the areas of ground administration and supervision, passenger handling, baggage handling, freight and mail handling, ramp handling, aircraft services, fuel and oil handling, aircraft maintenance, flight operations and crew administration, surface transport and catering;
Amendment 406 #
Proposal for a regulation
Article 3 – paragraph 1 – point 23
Article 3 – paragraph 1 – point 23
(23) ‘commercial air transport’ means an aircraft operation to transport passengers, cargo or mail foropen to the public, where remuneration or other valuable consideration between two different aerodromesis given or promised for the transport of passengers, cargo or mail;
Amendment 413 #
Proposal for a regulation
Article 3 – paragraph 1 – point 29
Article 3 – paragraph 1 – point 29
(29) ‘unmanned aircraft’ means any aircraft operated or designed to be operated without a pilot on board;, other than those used in model flying.
Amendment 418 #
Proposal for a regulation
Article 3 – paragraph 1 – point 34 – indent 1 (new)
Article 3 – paragraph 1 – point 34 – indent 1 (new)
- 'model flying' means a sports and recreational activity undertaken by members of a model flying organisation recognised by the national competent authority and taking place within unaided line of sight conditions for the purpose of control and safe separation from other traffic.
Amendment 426 #
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 objectives; laying down conditions for organisations 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: (a) assess the system maturity at European, national and organisation level, prior to implementing a performance-based scheme; (b) ensure that the safety culture of the organisations concerned is assessed by an independent external body, including the organisation's adherence to Just Culture principles and the full involvement of front-end safety professionals; (c) ensure that the organisations concerned allocate adequate resources in terms of safety management and reporting systems; (d) ensure that the competent authority concerned allocates adequate resources to guarantee effective performance-based oversight; (e) ensure that a compliance-based prescriptive scheme is in place at all times in order to set a floor of sufficient, clear and strict standards for all organisations; (f) ensure that an effective mechanism is in place to remedy failures that may occur within the performance-based regulation and oversight system.
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 444 #
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
3. The European Plan for Aviation Safety shall specify, taking into account the objectives set out in Article 1, an acceptable high uniform level of safety performance in the Union, which the Member States, the Commission and the Agency shall jointly aim at achieving.
Amendment 456 #
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
3. The National Aviation Safety Programme shall specify, taking into account the objectives set out in Article 1 and the acceptablehigh uniform level of safety performance referred to in Article 6(3), an acceptable level of safety performance to be achieved at national level in respect of the aviation activities under the responsibility of the Member State concerned.
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 481 #
Proposal for a regulation
Article 18 – paragraph 2
Article 18 – paragraph 2
Amendment 513 #
Proposal for a regulation
Article 25 – paragraph 2
Article 25 – paragraph 2
Amendment 526 #
Proposal for a regulation
Article 28 – paragraph 1 – point g – indent 1 (new)
Article 28 – paragraph 1 – point g – indent 1 (new)
- the conditions under which, taking into account the principles of Article 4, operations shall be subject to, or exempted from, the requirements applicable to commercial air transport in this Regulation and the measures taken under this Regulation, notwithstanding the definition in Article 3(23).
Amendment 532 #
Proposal for a regulation
Article 28 – paragraph 2
Article 28 – paragraph 2
Amendment 555 #
Proposal for a regulation
Article 31 – paragraph 1 – subparagraph 1
Article 31 – paragraph 1 – subparagraph 1
Where the delegated acts adopted pursuant to Article 34 so provide, safety- criticaldata proves that aerodrome equipment used or intended for use at aerodromes subject to this Regulation is to be categorised as safety-critical this equipment shall be subject to certification and shall be issued with a certificate.
Amendment 564 #
Proposal for a regulation
Article 31 – paragraph 2
Article 31 – paragraph 2
2. By way of derogation from paragraph 1, where the delegated acts adopted pursuant to Article 34 so provide, organisations involved in the design, manufacture and maintenance of safety- critical aerodrome equipment shall be permitted to declare the compliance of that safety-critical equipment with the essential requirements referred to in Article 29.
Amendment 584 #
Proposal for a regulation
Article 34 – paragraph 2
Article 34 – paragraph 2
Amendment 604 #
Proposal for a regulation
Article 39 – paragraph 2
Article 39 – paragraph 2
Amendment 623 #
Proposal for a regulation
Article 44 – paragraph 2
Article 44 – paragraph 2
Amendment 628 #
Proposal for a regulation
Article 44 – paragraph 2 – indent 1 (new)
Article 44 – paragraph 2 – indent 1 (new)
- Section VII (new) Air Traffic Safety Electronics Personnel (ATSEP) Article 45 (new) Essential requirements Air traffic safety electronics personnel as well as persons and organisations involved in the training, testing, checking or medical assessment of air traffic safety electronics personnel, as well as synthetic training devices shall comply with the relevant essential requirements set out in Annex XX.
Amendment 629 #
Proposal for a regulation
Article 44 – paragraph 2 – indent 2 (new)
Article 44 – paragraph 2 – indent 2 (new)
- Article 46 (new) Air Traffic Safety Electronics Personnel (ATSEP) 1. Air traffic safety electronics personnel shall be subject to certification and shall be issued with an air traffic safety electronics personnel licence and a medical certificate appropriate for the service to be provided. 2. Air traffic safety electronics licence referred to in paragraph 1 shall be issued upon application, when the applicant for the licence has demonstrated that he or she complies with the rules established by delegated acts adopted pursuant to Article XX to ensure compliance with the essential requirements referred to in Article XX regarding theoretical knowledge, practical skill, language proficiency and experience. 3. The medical certificate referred to in paragraph 1 shall be issued upon application, when the air traffic safety electronics personnel has demonstrated that he or she complies with the rules established by delegated acts adopted pursuant to Article XX to ensure compliance with the essential requirements referred to in Article XX on medical fitness. 4. The air traffic safety electronics personnel licence and the medical certificate shall specify the privileges granted to the air traffic safety electronics personnel and the scope of the licence and the medical certificate.
Amendment 630 #
Proposal for a regulation
Article 44 – paragraph 2 – indent 3 (new)
Article 44 – paragraph 2 – indent 3 (new)
- Article 47 (new) Air traffic safety electronics personnel training organisations, aero medical examiners and aero medical centres Air traffic safety electronics personnel training organisations, aero medical examiners and aero medical centres shall be subject to certification and shall be issued with a certificate. That certificate shall be issued upon application, when the applicant has demonstrated that it complies with the rules established by delegated acts adopted pursuant to Article XX to ensure compliance with the essential requirements referred to in Article 40. The certificate shall specify the privileges granted.
Amendment 631 #
Proposal for a regulation
Article 44 – paragraph 2 – indent 4 (new)
Article 44 – paragraph 2 – indent 4 (new)
- Article 48 (new) Instructors and examiners Persons responsible for providing practical training or for assessing the practical skills of air traffic safety electronics personnel shall be subject to certification and shall be issued with a certificate. That certificate shall be issued upon application, when the applicant has demonstrated that he or she complies with the rules established by delegated acts adopted pursuant to Article XX to ensure compliance with the essential requirements referred to in Article XX. The certificate shall specify the privileges granted.
Amendment 632 #
Proposal for a regulation
Article 44 – paragraph 2 – indent 5 (new)
Article 44 – paragraph 2 – indent 5 (new)
- Article 49 (new) Delegated powers 1. For air traffic safety electronics personnel, as well as persons and organisations involved in the training, testing, checking or medical assessment of air traffic safety electronics personnel, the Commission shall be empowered to adopt delegated acts in accordance with Article 117 to lay down detailed rules with regard to: (a) the different ratings and endorsements for the air traffic safety electronics personnel licences referred to in Article XX; (b) the conditions for issuing, maintaining, amending, suspending or revoking licences, ratings and endorsements for the air traffic safety electronics personnel and medical certificates referred to in Article 41 and the certificates referred to in Articles 42 and XX; (c) the privileges and responsibilities of the holders of air traffic safety electronics personnel licences, ratings and endorsements for licences, medical certificates and the certificates referred to in Articles XX, XX and XX; (d) the conditions for the acceptance and for the conversion of national air traffic safety electronics personnel licences and national medical certificates issued on the basis of the laws of the Member States into the air traffic safety electronics personnel licences and medical certificates referred to in Article XX; (e) the conditions for the acceptance of air traffic safety electronics personnel licences issued in accordance with the laws of a third country for purpose of applying Article XX; (f) the conditions under which the provision of on-the-job training shall be prohibited, limited or subject to certain conditions in the interest of safety; (g) the conditions for issuing and disseminating mandatory information by the Agency in accordance with Article 65(6) and by the national competent authorities, in order to ensure the safety in the provision of on-the-job training.
Amendment 635 #
Proposal for a regulation
Article 45 – paragraph 1
Article 45 – paragraph 1
The design, production, maintenance and operation of unmanned aircraft and their engines, propellers, parts, non-installed equipment and equipment to control them remotely, and the personnel and organisations involved in these activities, shall comply with the essential requirements set out in Annex IX.
Amendment 640 #
Proposal for a regulation
Article 46 – paragraph 1
Article 46 – paragraph 1
1. Where the delegated acts adopted pursuant to Article 47 so provide with a view to achieving adequatehigh uniform levels of safety, having regard to the principles laid down in Article 4(2), the design, production, maintenance and operation of unmanned aircraft shall be subject to certification. Certificates shall be issued upon application, where the applicant has demonstrated that it complies with the rules established by the delegated acts adopted pursuant to Article 47 to ensure compliance with the essential requirements referred to in Article 45. The certificate shall specify the safety-related limitations, operating conditions and privileges.
Amendment 648 #
Proposal for a regulation
Article 47 – paragraph 1 – point e
Article 47 – paragraph 1 – point e
(e) the markingndatory marking, registration and identification of unmanned aircraft;
Amendment 655 #
Proposal for a regulation
Article 47 – paragraph 1 – point f – indent 1 (new)
Article 47 – paragraph 1 – point f – indent 1 (new)
- (g) the conditions and procedures for issuing, maintaining, amending, suspending, or revoking the certificates, or for making a declaration, for operation of unmanned aircraft shall take due account of, inter alia, weight or type of the unmanned aircraft, the nature of the operation and the area where the operation takes place;
Amendment 657 #
Proposal for a regulation
Article 47 – paragraph 2
Article 47 – paragraph 2
Amendment 668 #
Proposal for a regulation
Article 51 – paragraph 3 – subparagraph 5 – point a
Article 51 – paragraph 3 – subparagraph 5 – point a
(a) aero-medical examiners, aero- medical centres and general medical practitioners shall be responsible for issuing the pilot medical certificates referred to in Article 20(3) and the air traffic controller medicals certificates referred to in Article 41(1) and the air traffic safety electronics personnel certificates;
Amendment 677 #
Proposal for a regulation
Article 51 – paragraph 10 – point g
Article 51 – paragraph 10 – point g
(g) in respect of paragraph 3, the conditions for allocation of responsibilities to aero-medical examiners and aero- medical centres for the purpose of issuing pilot medical certificates and air traffic controller medical certificates, air traffic safety electronics personnel medical certificates, as well as the conditions under which general medical practitioners shall be given such responsibilities, with a view to ensuring effective performance of the tasks related to medical certification of pilots and air traffic controllers and air traffic safety electronics personnel;
Amendment 684 #
Proposal for a regulation
Article 52 – paragraph 4
Article 52 – paragraph 4
4. The costs of the assistance provided by the European aviation inspectors designated by national competent authorities shall be covered by fees. To that end, the Agency shall invoice, on behalf of the national competent authority that incurred the costs, the legal or natural person which was subject to the certification and oversight activities performed by those inspectors. These costs should be based on the fees which the respective national authority would have charged. The Agency shall transfer the amount collected from that person to the national competent authority concerned.
Amendment 697 #
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 proves that it can effectively exercise the transferred responsibility in compliance with this Regulation and the delegated and implementing acts adopted on the basis thereof, and has sufficient resources to do so.
Amendment 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 713 #
Proposal for a regulation
Article 53 – paragraph 6 – indent 1 (new)
Article 53 – paragraph 6 – indent 1 (new)
- 7. The Agency shall after consultation with the Member States, establish permanent contact points in those Member States where its presence seems necessary in order to ensure that responsibilities in the field of aviation safety are met within the scope of this regulation.
Amendment 724 #
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 and obtain their approval to such a transfer of responsibilities.
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 761 #
Proposal for a regulation
Article 60 – paragraph 1 – point b
Article 60 – paragraph 1 – point b
(b) an acceptable high uniform level of safety and environmental protection and compliance with the applicable essential requirements is ensured, where necessary through the application of mitigation measures;
Amendment 765 #
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 797 #
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 caseWhen these exemptions go beyond the specific competencies of the Agency defined in Art. 66 paragraphs 1 and 2(a), 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. When these exemptions go beyond the specific competencies of the Agency defined in Art. 66 paragraphs 1 and 2(a) and 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 817 #
Proposal for a regulation
Article 69 – paragraph 1 – indent 1 (new)
Article 69 – paragraph 1 – indent 1 (new)
- Article 70 (new) Air traffic safety electronics personnel certification The Agency shall be responsible for the tasks related to certification, oversight, and enforcement in accordance with Article 51(3) with respect to the certificates for the air traffic safety electronics personnel training organisations referred to in Article XX, where those organisations have their principal place of business located outside the territory for which a Member State is responsible under the Chicago Convention and, where relevant, their personnel.
Amendment 831 #
Proposal for a regulation
Article 72 – paragraph 3
Article 72 – paragraph 3
3. The Commission shall only impose fines and periodic penalty payments pursuant to paragraph 1 in cases where safety or protection of the environment has been compromised and when other measures provided for in this Regulation and in delegated acts adopted on the basis thereof to address such infringements are inadequate insufficient or disproportionate.
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 856 #
Proposal for a regulation
Article 75 – paragraph 2
Article 75 – paragraph 2
2. The Member States, the Commission, the Agency and other Union institutions, bodies, offices and agencies shall, within their respective fields of competence, cooperate on environmental matters, including those addressed in Regulation (EC) No 1907/2006 of the European ParliaFor all environmental regulation at EU level impacting products in the aviation sector, EASA shall be part of the EU Environmental regulatory process to avoid conflicting rules between aviation safety requirements and of the Council21, with a view to ensuring that interdependencies between environmental protection, human health and other technical domains of civil aviation are taken into accountenvironmental regulation. In particular, EASA should be instrumental in the extent to which substance-related regulation, such as REACH, should be implemented in the aviation sector to ensure aviation safety is preserved. __________________ 21 Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency, amending Directive 1999/45/EC and repealing Council Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94 as well as Council Directive 76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC (OJ L 396, 30.12.2006, p. 1).
Amendment 859 #
Proposal for a regulation
Article 75 – paragraph 3
Article 75 – paragraph 3
3. The Agency shall assist the Commission with the definition and coordination of civil aviation environmental protection policies and actions, in particular by conducting studies, simulations and providing technical advice in areas where interdependencies between environmental protection, human health and other technical domains of civil aviation exist.
Amendment 871 #
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 interdependencies between civil aviation safety and security are taken into accounexist.
Amendment 878 #
Proposal for a regulation
Article 76 – paragraph 2
Article 76 – paragraph 2
2. 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 of aircraft and aviation systems and in the preparation of the measures to be adopted under that Regulation. __________________ 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 885 #
Proposal for a regulation
Article 76 – paragraph 3
Article 76 – paragraph 3
3. To protect civil aviation against acts of unlawful interference, the Agency may take the necessary measures under Article 65(6) and Article 66(1)(i) concerning aircraft and aviation systems. Before taking such measures, the Agency shall obtain the agreement of the Commission and consult the Member States.
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 927 #
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, which it shall consult prior to making decisions in the fields referred to in paragraph 2(c), (d), (e), (f) (i), (t) and (iu). 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 932 #
Proposal for a regulation
Article 86 – paragraph 5
Article 86 – paragraph 5
5. The advisory body referred to in Article 85(4) shall appoint four of its members to participate with observer status in the Management Board. They shall represent, as broadly as possible, the different views represented in the advisory body. The term of office shall be 24 months and shall be extendable once for a further 24 months.
Amendment 969 #
Proposal for a regulation
Article 109 – paragraph 1 – point f
Article 109 – paragraph 1 – point f
Amendment 974 #
Proposal for a regulation
Article 109 – paragraph 6
Article 109 – paragraph 6
6. Each year, the Executive Director shall draw up a draft statement of estimates of the Agency's revenue and expenditure for the following financial year, including a draft establishment plan, and send it to the Management Board. That draft establishment plan shall, in relation to posts financed from fees and charges, be based on a limited set of indicators approved by the Commission to measure the Agency's workload and efficiency, and shall set out the resources required to meet demands for certification and other activities of the Agency in an efficient and timely manner, including those resulting from transfers of responsibility in accordance with Articles 53, 54 and 55. Ahead of approving the set of indicators to measure the Agency's workload and efficiency, the Commission will seek the opinion of a third party expert and relevant industry stakeholders. The Management Board shall, on the basis of that draft, adopt a provisional draft estimate of revenue and expenditure of the Agency for the following financial year. The provisional draft estimate of the Agency's revenue and expenditure shall be sent to the Commission by 31 January each year.
Amendment 981 #
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. 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 findings and positions of stakeholders at European and national level.
Amendment 995 #
Proposal for a regulation
Article 117 – paragraph 5
Article 117 – paragraph 5
5. A delegated act adopted pursuant to 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)this regulation shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or the Council.
Amendment 1002 #
Proposal for a regulation
Article 123 – paragraph 1 – point 4
Article 123 – paragraph 1 – point 4
Regulation (EC) No 1008/2008
Article 13
Article 13
Amendment 1010 #
Proposal for a regulation
Article 125 – paragraph 1
Article 125 – paragraph 1
Regulation (EU) No 376/2014
Paragraph 2 of Article 3
Paragraph 2 of Article 3
However, this Regulation shall not apply to occurrences and other safety-related information involving unmanned aircraft for which a certificate or declaration is not required pursuant to Article 46(1) and (2) of Regulation (EU) YYYY/N [ref. to new regulation], unless the occurrence or other safety-related information involving such unmanned aircraft resulted or could have resulted in a fatal or serious injury to a person or it involved aircraft other than unmanned aircraft.
Amendment 1014 #
Proposal for a regulation
Annex I – paragraph 2 – point b
Annex I – paragraph 2 – point b
(b) aircraft specifically designed or modified for research, experimental, technology development or scientific purposes, and likely to be produced in very limited numbers; or as conceptual proof before production.
Amendment 1019 #
Proposal for a regulation
Annex I – paragraph 2 – point e – introductory part
Annex I – paragraph 2 – point e – introductory part
(e) aeroplanes having the stall speed orircraft, other than balloons, having the minimum steady flight speed in landing configuration not exceeding 345 knots calibrated air speed (CAS) and having no more than two seats, as well as helicopters and powered parachutes having no more than two seats, that have a maximum take-off mass (MTOM), as recorded by the Member State of no more than 600kg, and empty mass, of no more than: 405kg.
Amendment 1021 #
Proposal for a regulation
Annex I – paragraph 2 – point e – point i
Annex I – paragraph 2 – point e – point i
Amendment 1022 #
Proposal for a regulation
Annex I – paragraph 2 – point e – point ii
Annex I – paragraph 2 – point e – point ii
Amendment 1025 #
Proposal for a regulation
Annex I – paragraph 2 – point e – point iii
Annex I – paragraph 2 – point e – point iii
Amendment 1027 #
Proposal for a regulation
Annex I – paragraph 2 – point e – point iv
Annex I – paragraph 2 – point e – point iv
Amendment 1028 #
Proposal for a regulation
Annex I – paragraph 2 – point e – point v
Annex I – paragraph 2 – point e – point v
Amendment 1030 #
Proposal for a regulation
Annex I – paragraph 2 – point e – point vi
Annex I – paragraph 2 – point e – point vi
Amendment 1033 #
Proposal for a regulation
Annex I – paragraph 2 – point e – point vii
Annex I – paragraph 2 – point e – point vii
Amendment 1035 #
Proposal for a regulation
Annex I – paragraph 2 – point e – point viii
Annex I – paragraph 2 – point e – point viii
Amendment 1038 #
Proposal for a regulation
Annex I – paragraph 2 – point f
Annex I – paragraph 2 – point f
Amendment 1039 #
Proposal for a regulation
Annex I – paragraph 2 – point g
Annex I – paragraph 2 – point g
Amendment 1042 #
Proposal for a regulation
Annex I – paragraph 2 – point j – indent 1 (new)
Annex I – paragraph 2 – point j – indent 1 (new)
- (k) Model flying with aircraft with an operating mass of no more than 25 kg
Amendment 1046 #
Proposal for a regulation
Annex II – point 2 – point 2.1 – introductory part
Annex II – point 2 – point 2.1 – introductory part
2.1. The following must be shown to have been addressed to ensure a satisfacthigh uniforym level of safety for those on board or on the ground during the operation of the product:
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.
Amendment 1056 #
Proposal for a regulation
Annex V – point 4 – point 4.2
Annex V – point 4 – point 4.2
4.2. Notwithstanding 4.1., for operations with helicopters a momentary flight through the limiting height velocity envelope may be permitted, provided that an adequate high uniform level of safety is ensured.
Amendment 1089 #
Proposal for a regulation
Annex IX – point 1 – point c
Annex IX – point 1 – point c
(c) If necessary to mitigate risks pertaining to safety, privacy, protection of personal data, security or the environment, arising from the operation, the unmanned aircraft must have the corresponding and specific features and functionalities which take into account the principles of privacy and protection of personal data by design and by default. According to the needs those features and functionalities must ensure easy identification of the aircraft and of the nature and purpose of the operation; and must ensure that requirements for safe operations, including detect and avoid systems, as well as applicable limitations, prohibitions or conditions be complied with, notably with respect to the operation in particular geographical zones, beyond certain distances from the operator or at certain altitudes.
Amendment 1093 #
Proposal for a regulation
Annex IX – point 2 – paragraph 2 – introductory part
Annex IX – point 2 – paragraph 2 – introductory part
The following requirements must be met to ensure a satisfacthigh uniforym level of safety for people on the ground and other airspace users during the operation of the unmanned aircraft, taking into account the level of risk of the operation as necessary:
Amendment 1098 #
Proposal for a regulation
Annex IX – point 2 – paragraph 2 – point 2.3 – paragraph 2
Annex IX – point 2 – paragraph 2 – point 2.3 – paragraph 2
A person operating an unmanned aircraft shall possess the required knowledge and skills necessary to ensure the safety of the operation and proportionate to the risk associated with the type of operation. For operations of a commercial nature and operations for which a certificate or declaration is required, this person shall be issued an unmanned aircraft pilot license, upon application, when the applicant has demonstrated to comply with the rules established by delegated acts adopted pursuant to Article 47(1)(d). This person shall also demonstrate medical fitness, if this is necessary to mitigate the risks involved in the operation concerned.