40 Amendments of Johan VAN OVERTVELDT related to 2013/0186(COD)
Amendment 16 #
Proposal for a regulation
Recital 1
Recital 1
(1) Regulation (EC) No 549/2004 of the European Parliament and of the Council23 , Regulation (EC) No 550/2004 of the European Parliament and of the Council24 and Regulation (EC) No 551/2004 of the European Parliament and of the Council25 have been substantially amended. Since further amendments are to be made in order to ensure that airspace policy is future-proof and fosters the resilience, efficiency and competitiveness of the sector, those Regulations should be recast in the interests of clarity. __________________ 23 Regulation (EC) No 549/2004 of the European Parliament and of the Council of 10 March 2004 laying down the framework for the creation of the single European sky (the framework Regulation) (OJ L 96, 31.3.2004, p. 1). 24Regulation (EC) No 550/2004 of the European Parliament and of the Council of 10 March 2004 on the provision of air navigation services in the single European sky (the service provision Regulation) (OJ L 96, 31.3.2004, p. 10). 25 Regulation (EC) No 551/2004 of the European Parliament and of the Council of 10 March 2004 on the organisation and use of the airspace in the single European sky (the airspace Regulation) (OJ L 96, 31.3.2004, p. 20).
Amendment 57 #
Proposal for a regulation
Recital 21
Recital 21
(21) The entry of unmanned aircraft operations must lead to a safe and shared use of the European airspace amongst unmanned and traditional operations. The integrated traffic management of unmanned aircraft requires the availability of common information services in view of a common understanding of airspace activity. In order to contain the costs of such traffic management, prices for common information services should be based on cost and a reasonable mark-up for profit, and should be subject to approval by national supervisory authorities. To enable the provision of the service, the required data should be made available by air navigation service providers.
Amendment 81 #
Proposal for a regulation
Recital 28
Recital 28
(28) Article 15 of the 1944 Chicago Convention on Civil Aviation recognises that charges may be imposed or are permitted to be imposed by a contracting State for the use of air navigation facilities. The charging scheme should be based on the principle that airspace users should pay for the cost incurred for the provisionnecessary use of the services received but that only cost imputable to the use of 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 meeting the performance targets and they should stimulate integrated service provision, whilst reducing the environmental impact of aviation.
Amendment 86 #
Proposal for a regulation
Recital 30
Recital 30
Amendment 130 #
Proposal for a regulation
Article 2 – paragraph 1 – point 13
Article 2 – paragraph 1 – point 13
13. ‘airspace structure’ means a specific volume and use of airspace defined with a view to ensuring the safe and optimal operation of aircraft;
Amendment 145 #
Proposal for a regulation
Article 2 – paragraph 1 – point 35 a (new)
Article 2 – paragraph 1 – point 35 a (new)
35a. ‘functional airspace block’ means an airspace block based on operational requirements and established regardless of State boundaries, where the provision of air navigation services and related functions are performance-driven and optimised with a view to introducing, in each functional airspace block, enhanced cooperation among air navigation service providers or, where appropriate, an integrated provider;
Amendment 146 #
Proposal for a regulation
Article 2 – paragraph 1 – point 38
Article 2 – paragraph 1 – point 38
38. ‘meteorological services’ means the use of facilities and services that provide aircraft with meteorological forecasts, warnings, briefings and observations for air navigation purposes , as well as any other meteorological information and data provided by States for aeronautical use;
Amendment 157 #
Proposal for a regulation
Article 2 – paragraph 1 – point 57 a (new)
Article 2 – paragraph 1 – point 57 a (new)
57a. “liability of ANSPs” means that ANSPs are legally responsible for costs linked to delays and cancellations due to ATM issues which fall within the control of ANSPs.
Amendment 168 #
Proposal for a regulation
Article 3 – paragraph 3 – introductory part
Article 3 – paragraph 3 – introductory part
3. Without prejudice to paragraph 1, the national supervisory authorities shall be legally, budgetary and financially distinct and independent from any other public or private entity in terms of their organisation, functioning, legal structure and decision- making.
Amendment 175 #
Proposal for a regulation
Article 3 – paragraph 3 – subparagraph 1
Article 3 – paragraph 3 – subparagraph 1
The national supervisory authorities shall also be independent in terms of their organisation, budget and financing, funding decisions, legal structure and decision-making from any air navigation service provider.
Amendment 182 #
Proposal for a regulation
Article 3 – paragraph 5 – introductory part
Article 3 – paragraph 5 – introductory part
Amendment 183 #
Proposal for a regulation
Article 3 – paragraph 5 – point a
Article 3 – paragraph 5 – point a
Amendment 184 #
Proposal for a regulation
Article 3 – paragraph 5 – point b
Article 3 – paragraph 5 – point b
Amendment 191 #
Proposal for a regulation
Article 3 – paragraph 6 – introductory part
Article 3 – paragraph 6 – introductory part
6. In addition to the requirements set out in paragraph 5, persons in charge of strategic decisions shall be appointed by an entity of the Member State concerned which does not directly exert ownership rights over air navigation service providers. Member States shall decide whether these persons are appointed for a fixed and renewable term, or on a permanent basis which only allows dismissal for reasons not related to their decision-making. Persons in charge of strategic decisions shall not seek or take instructions from any government or other public or private entity when carrying out their functions for the national supervisory authority and shall have full authority over the recruitment and management of its staffrefrain from any direct or indirect interest that may be considered prejudicial to their independence and which may influence the performance of their functions. To that effect, they shall make an annual declaration of commitment and declaration of interests indicating any direct or indirect interests.
Amendment 197 #
Proposal for a regulation
Article 3 – paragraph 6 – subparagraph 1
Article 3 – paragraph 6 – subparagraph 1
Amendment 214 #
Proposal for a regulation
Article 3 – paragraph 10
Article 3 – paragraph 10
Amendment 237 #
Proposal for a regulation
Article 5 – paragraph 3
Article 5 – paragraph 3
3. National supervisory authorities shall facilitate the provision of cross-border services by air navigation service providers for the purpose of improving network performance and in respect of the voluntary continuation of functional airspace blocks. In the case of provision of air navigation services in an airspace falling under the responsibility of two or more Member States , the Member States concerned shall conclude an agreement on the supervision to be carried out by them under this Regulation, of the air navigation service providers concerned . The national supervisory authorities concerned may establish a plan specifying the implementation of their co-operation with a view to giving effect to that agreement.
Amendment 280 #
Proposal for a regulation
Article 6 – paragraph 1 – subparagraph 1
Article 6 – paragraph 1 – subparagraph 1
The economic certificate referred to in this paragraph may be limited, suspended or revoked when the holder no longer complies with the requirements for issuing and maintaining such certificate. The NSA shall develop a contingency plan in collaboration with the Network Manager and the Agency acting as PRB in case of limitation, suspension or revocation of the economic certificate to ensure business continuation.
Amendment 286 #
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
3. The economic certificate referred to in paragraph 1 and the certificate referred to in Article 41 of Regulation (EU) No 2018/1139 may be subject to one or several conditions set out in Annex I. Such conditions shall be objectively justified, non-discriminatory, proportionate and transparent. The Commission shall be empowered to adopt delegated acts in accordance with Article 36 in order to amend the list set out in Annex I for the purposes of providing for an economic level playing field and resilience of service provision.
Amendment 308 #
Proposal for a regulation
Article 7 – paragraph 1 – subparagraph 1
Article 7 – paragraph 1 – subparagraph 1
Amendment 387 #
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Where common information services are provided, the data disseminated shall present the integrity and quality necessary to enable the safe and integrated provision of services for the management of traffic of unmanned aircraft in a way that enables the shared use of the airspace together with manned aircraft.
Amendment 410 #
Proposal for a regulation
Article 10 – paragraph 2 – point a
Article 10 – paragraph 2 – point a
(a) Union -wide performance targets in the key performance areas of safety, the environment, capacity and cost-efficiency for each reference period;
Amendment 412 #
Proposal for a regulation
Article 10 – paragraph 2 – point b
Article 10 – paragraph 2 – point b
(b) national performance plans or plans for functional airspace blocks, including binding performance targets in the key performance areas mentioned in point (a) for each reference period ;
Amendment 437 #
Proposal for a regulation
Article 10 a (new)
Article 10 a (new)
Article 10a Consultation of stakeholders The Member States, acting in accordance with their national legislation, shall establish consultation mechanisms for appropriate involvement of stakeholders, including professional staff representative bodies, in the implementation of the Single European Sky.
Amendment 467 #
Proposal for a regulation
Article 13 – paragraph 1 – subparagraph 1
Article 13 – paragraph 1 – subparagraph 1
The draft performance plans shall be adopted after the setting of Union-wide performance targets and before the start of the reference period concerned. They shall contain performance targets for en route air navigation services in the key performance areas of the environment, capacity and cost-efficiency, consistent with the Union- wide performance targets. Those draft performance plans shall take account of the European ATM Master Plan. The draft performance plans shall be made publicly available. In order to ensure the uniform, transparent and independent compliance with this article, airspace users shall always be involved in the development of performance plans and performance targets for en route air navigation services of designated air traffic service providers.
Amendment 558 #
Proposal for a regulation
Article 13 – paragraph 11 – introductory part
Article 13 – paragraph 11 – introductory part
11. The Agency acting as PRB shall issue regular reports, within the time limits referred to in the implementing acts to be adopted in accordance with Article 18, on the monitoring of performance of en route air navigation services and network functions, including regular assessments of the achievement of the en route Union- wide performance targets and of performance targets for en route air navigation services for air traffic service providers and making the results of those assessments publicly available after consultation of the airspace users.
Amendment 676 #
Proposal for a regulation
Article 19 – paragraph 1
Article 19 – paragraph 1
1. Without prejudice to the possibility for Member States to finance the provision of air traffic services covered in this Article through public funds, charges for air navigation services shall be determined, imposed and enforced on airspace users for the use of airspace navigation services only.
Amendment 690 #
Proposal for a regulation
Article 20 – paragraph 2
Article 20 – paragraph 2
2. The determined costs referred to in paragraph 1 shall include the costs of relevantcost-efficiently include the eligible and unavoidable costs of the use of necessary facilities and services, appropriate amounts for interest on capital investment and depreciation of assets, as well as the costs of maintenance, operation, management and administration.
Amendment 714 #
Proposal for a regulation
Article 21 – paragraph 2 – subparagraph 1
Article 21 – paragraph 2 – subparagraph 1
Amendment 750 #
Proposal for a regulation
Article 24 – paragraph 1
Article 24 – paragraph 1
1. The Commission shall regularly review the compliance with Articles 10 to 17 and 19 to 22 and the implementing acts referred to in Articles 18 and 23, by the air traffic service providers and the Member States, as the case may be. The Commission shall act in consultation with airspace users, the Agency acting as PRB and with national supervisory authorities.
Amendment 755 #
Proposal for a regulation
Article 24 – paragraph 2
Article 24 – paragraph 2
2. At the request of one or more Member States, of a national supervisory authority or, of the Commission, of airspace users or a relevant group representing them, the Agency acting as PRB shall carry out an investigation into any allegation of non- compliance as referred to in paragraph 1. Where it has indications of such non- compliance, the Agency acting as PRB may initiate an investigation on its own initiative. It shall conclude the investigation within four months of receipt of a request, after having heard the Member State, the national supervisory authority concerned and the designated air traffic service provider concerned. Without prejudice to Article 41(1), the Agency acting as PRB shall share the results of the investigation with the Member States concerned, the air traffic service providers concerned and the Commission.
Amendment 764 #
Proposal for a regulation
Article 25 – paragraph 2
Article 25 – paragraph 2
2. National supervisory authorities, airspace users or a relevant group representing them and the Agency acting as PRB shall have the right to access the accounts of the air navigation service providers under their supervision. Member States may decide to grant access to these accounts to other supervisory authorities.
Amendment 775 #
Proposal for a regulation
Article 25 – paragraph 4
Article 25 – paragraph 4
4. The financial data on costs and revenues reported in accordance with Article 19(6) and other information relevant for the calculation of unit rates shall be audited or verified by the national supervisory authority or an entity independent of the air navigation service provider concerned and approved by the national supervisory authority after consultation of the airspace users. The conclusions of the audit shall be made publicly available.
Amendment 776 #
Proposal for a regulation
Article 25 a (new)
Article 25 a (new)
Article 25a Industrial partnerships Air navigation service providers may cooperate to set up industrial partnerships. The industrial partnerships may support one or more functional airspace blocks, or any part thereof, in order to maximise performance.
Amendment 777 #
Proposal for a regulation
Article 25 b (new)
Article 25 b (new)
Article 25b Functional Airspace Blocks 1. Member States may take all necessary measures in order to ensure the implementation of functional airspace blocks with a view to achieving the required capacity and efficiency of the air traffic management network within the Single European Sky and maintaining a high level of safety and contributing to the overall performance of the air transport system and reduced environmental impact. Member States may jointly execute tasks and responsibilities under this Regulation at the level of the functional airspace block. Where relevant, cooperation may also include third countries taking part in functional airspace blocks.
Amendment 780 #
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. They shall also ensure that airspace users can operate environmentally optimal trajectories, while allowing maximum 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 be aimed at supporting initiatives at national level and at the level of functional airspace blocks and shall be executed in a manner which respects the separation of regulatory and operational tasks.
Amendment 814 #
Proposal for a regulation
Article 26 – paragraph 4
Article 26 – paragraph 4
4. The functions listed in paragraphs 2 and 3 shall not involve the adoption of binding measures of a general scope or the exercise of political discretion. They shall take into account proposals established at national level and at the level of functional airspace blocks. They shall be performed in coordination with military authorities in accordance with agreed procedures concerning the flexible use of airspace.
Amendment 846 #
Proposal for a regulation
Article 27 – paragraph 6 – point a
Article 27 – paragraph 6 – point a
(a) based on a cooperative decision- making process decide on individual measures to implement the network functions and to support the effective implementation of the binding Network Operations Plan and the achievement of the binding performance targets;
Amendment 909 #
Proposal for a regulation
Article 38 – paragraph 1
Article 38 – paragraph 1
1. Member States, national supervisory authorities, the Agency whether or not it is acting as PRB and the Network Manager shall establish binding and annual consultation mechanisms for appropriate consultation of stakeholders for the exercise of their tasks in the implementation of this Regulation.
Amendment 917 #
Proposal for a regulation
Article 38 a (new)
Article 38 a (new)
Article 38a Industry consultation body Without prejudice to the role of the Committee and of Eurocontrol, the Commission shall establish an ‘industry consultation body’, to which air navigation service providers, associations of airspace users, airport operators, the manufacturing industry and professional staff representative bodies shall belong. The role of this body shall solely be to advise the Commission on the implementation of the single European sky.