16 Amendments of Josianne CUTAJAR related to 2013/0186(COD)
Amendment 165 #
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 distinct and independent from any other public or private entity in terms of their organisation, functioning, legal structure and decision-making.
Amendment 176 #
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, funding decisions, legal structure and decision-making from any air navigation service provider.
Amendment 180 #
Proposal for a regulation
Article 3 – paragraph 4
Article 3 – paragraph 4
4. Member States may set up national supervisory authorities which are competent for several regulated sectors, if those integrated regulatory authorities fulfil the independence requirements set out in this Article. The national supervisory authority may also be joined in respect of its organisational structure with the national competition authority referred to in Article 11 of Council Regulation (EC) No 1/200338 , or the national transport authority, if the joint body fulfils the independence requirements set out in this Article. __________________ 38Council Regulation (EC) No 1/2003 of 16 December 2002 on the implementation of the rules on competition laid down in Articles 81 and 82 of the Treaty (OJ L 1, 4.1.2003, p. 1).
Amendment 196 #
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 servicefollowing a clear and transparent process 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 staff. .
Amendment 203 #
Proposal for a regulation
Article 3 – paragraph 6 – subparagraph 2
Article 3 – paragraph 6 – subparagraph 2
Amendment 221 #
Proposal for a regulation
Article 4 – paragraph 1 – point b
Article 4 – paragraph 1 – point b
Amendment 231 #
Proposal for a regulation
Article 4 – paragraph 3 – subparagraph 1
Article 4 – paragraph 3 – subparagraph 1
It shall take all necessary enforcement measures which may, where appropriate, include the amendment, limitation, suspension or revocation of economic certificates issued by them in accordance with Article 6.
Amendment 344 #
Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 1
Article 8 – paragraph 1 – subparagraph 1
Where this enables cost-efficiency, technical, and operational gains to the benefit of airspace users, Member States shallmay allow airport operators tothe procurement of terminal air traffic services for aerodrome control and approach control under market conditions.
Amendment 354 #
Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 2
Article 8 – paragraph 1 – subparagraph 2
Amendment 370 #
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
3. On a voluntary basis, Member States shall take all necessary measures to ensure that the provision of en route air traffic services is separated in terms of organisationaccounts from the provision of CNS, AIS, ADS, MET and terminal air traffic services and that the requirement concerning the separation of accounts referred to in Article 25(3) is respected.
Amendment 561 #
Proposal for a regulation
Article 13 – paragraph 11 – introductory part
Article 13 – paragraph 11 – introductory part
11. The Agency acting as PRBnational supervisory authority 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 ofnational performance targets for en route air navigation services for air trafficnavigation service providers and making the results of those assessments publicly available.
Amendment 567 #
Proposal for a regulation
Article 13 – paragraph 11 – subparagraph 1
Article 13 – paragraph 11 – subparagraph 1
The designated air trafficnavigation 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 providernational supervisory authority shall issue decisions requiring the air navigation service provider to implement corrective measures. 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 632 #
Proposal for a regulation
Article 14 – paragraph 10 – subparagraph 1
Article 14 – paragraph 10 – subparagraph 1
The designated air trafficnavigation 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.
Amendment 635 #
Proposal for a regulation
Article 14 – paragraph 10 – subparagraph 2
Article 14 – paragraph 10 – subparagraph 2
Where performance targets are not reached or the performance plan is not correctly implemented, the national supervisory authority shall issue decisions requiring corrective measures to be implemented by the air traffic service providers. These corrective measures may include, where objectively necessary, a requirthe air navigation service provider to implement fcor an air traffic service provider to delegate the provision of the relevant services to another air traffic service providerrective measures. 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 national supervisory authority shallmay request the Agency acting as PRB to conduct an investigation in accordance with Article 24(2), and the Commission may take action in accordance with Article 24(3).
Amendment 710 #
Proposal for a regulation
Article 21 – paragraph 2 – introductory part
Article 21 – paragraph 2 – introductory part
2. Unit rates shall be set by the national supervisory authorities, after verification by the Agency acting as PRB that they comply with Article 19, Article 20 and with this Article. Where the Agency acting as PRB finds that a unit rate does not fulfill those requirements, the unit rate shall be reviewed accordingly by the national supervisory authority concerned. Where a unit rate continues to not fulfill those requirements, the Agency acting as PRB shall conduct an investigation and provide an opinion to the Commission in accordance with Article 24(2), and the Commission may take action in accordanceMember States in line with the EUROCONTROL Multilateral Agreement relating to Route Charges and in compliance with Article 19, Article 20 and with this Article 24(3).
Amendment 713 #
Proposal for a regulation
Article 21 – paragraph 2 – subparagraph 1
Article 21 – paragraph 2 – subparagraph 1