41 Amendments of Gheorghe FALCĂ related to 2020/0264(COD)
Amendment 37 #
Proposal for a regulation
Recital 6
Recital 6
Amendment 45 #
Proposal for a regulation
Recital 11
Recital 11
(11) The Agency shall account the revenue and expenditure for performance review separately from other revenue and expenditure. In line with the principle of independence of the Agency acting as PRB, the draft statement of estimates of the revenue and expenditure on performance review to be presented to the Executive Director should be prepared by the Director for Performance Review. Within this draft statement of estimates, changes to the revenue and expenditure on performance review should require the approval of the Director for Performance Review. In the event of disagreement between the Director for Performance Review and the Executive Director, the Director for Performance Review should be put in a position to state his or her views in an effective manner to the attention of the Management Board, before the latter adopts the provisional draft estimate of revenue and expenditure of the Agency.
Amendment 71 #
Proposal for a regulation
Article 1 – paragraph 1 – point 4 – point a – point ii
Article 1 – paragraph 1 – point 4 – point a – point ii
Regulation (EU) 2018/1139
Article 98 – paragraph 2 – point l
Article 98 – paragraph 2 – point l
(l) take decisions on the establishment of the internal structures of the Agency at directors’ level and, where necessary, their modifications, subject, in the case of internal structures concerning performance review, to a corresponding request by the Director for Performance Review and a positive opinion of the Regulatory Board for Performance Reviewwith the exception of the structure of the Agency acting as PRB. Any such decisions shall not affect the separation between the Regulatory Board for Performance Review, the Director for Performance Review, the Advisory Board for Performance Review, the Appeal Board for Performance Review and the staff working for the Agency acting as PRB on the one hand, and the other bodies and function holders of the Agency on the other hand;;
Amendment 74 #
Proposal for a regulation
Article 1 – paragraph 1 – point 4 – point b
Article 1 – paragraph 1 – point 4 – point b
Regulation (EU) 2018/1139
Article 98 – paragraph 2a
Article 98 – paragraph 2a
Amendment 80 #
Proposal for a regulation
Article 1 – paragraph 1 – point 4 – point e
Article 1 – paragraph 1 – point 4 – point e
Regulation (EU) 2018/1139
Article 98 – paragraph 7
Article 98 – paragraph 7
Amendment 86 #
Proposal for a regulation
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Regulation (EU) 2018/1139
Article 102 – paragraph 4
Article 102 – paragraph 4
4. In order for them to be adopted, decisions on budgetary, human resources or administrative matters, in particular matters referred to in Article 98(2), points (d), (f), (h), (m), (n), (o) and (q), Article 98(2a), points (a), (b), (c), (e) and (f)), and Article 98(7) require a positive vote from the representative of Commission in the Management Board.;
Amendment 93 #
Proposal for a regulation
Article 1 – paragraph 1 – point 8 – point c
Article 1 – paragraph 1 – point 8 – point c
Regulation (EU) 2018/1139
Article 104 – paragraph 4 – subparagraph 2
Article 104 – paragraph 4 – subparagraph 2
The first subparagraph shall not apply to the Agency in its function as PRB. In respect of those functions, the Director for Performance Review shall be responsible for deciding whether it is necessary for the purpose of carrying out the work of the Agency in an efficient and effective manner to establish one or more local offices in one or more Member States.
Amendment 94 #
Proposal for a regulation
Article 1 – paragraph 1 – point 8 – point c
Article 1 – paragraph 1 – point 8 – point c
Regulation (EU) 2018/1139
Article 104 – paragraph 4 – subparagraph 3
Article 104 – paragraph 4 – subparagraph 3
The decisions referred to in the first and second subparagraphs require the prior consent of the Commission, the Management Board and, where applicable, the Member State where the local office is to be established. Those decisions shall specify the scope of the activities to be carried out at that local office or by that co- located staff in a manner that avoids unnecessary costs and duplication of administrative functions of the Agency.;
Amendment 98 #
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Regulation (EU) 2018/1139
Section II a – Article 114 a – paragraph 1 – point c
Section II a – Article 114 a – paragraph 1 – point c
(c) provide an opinion to the Management BoardCommission on the candidate to be appointed as Director for Performance Review in accordance with point (a) of Article 98(2a) and Article 114g(2), and where applicable his or her removal from office in accordance with Article 114g(6);
Amendment 100 #
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Regulation (EU) 2018/1139
Section II a – Article 114 b – paragraph 1 – point d a (new)
Section II a – Article 114 b – paragraph 1 – point d a (new)
(d a) decide, after obtaining the agreement of the Commission, and as regards the revenue and expenditure in respect of performance review, whether to accept any legacies, donations or grants from other Union sources or any voluntary contribution from the Member States or from the national supervisory authorities referred to in Article 3 of [AmendedSES2+];
Amendment 101 #
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Regulation (EU) 2018/1139
Section II a – Article 114 b – paragraph 1 – point f (new)
Section II a – Article 114 b – paragraph 1 – point f (new)
(f) provide an opinion to thelaborate Management Board ond approve the procedures for issuing opinions, recommendations and decisions by the Agency acting as PRB in accordance with point (f) of Article 98(2a119a(4);
Amendment 104 #
Proposal for a regulation
Article 1 – paragraph 1 – point 9 Regulation (EU) 2018/1139
Article 1 – paragraph 1 – point 9 Regulation (EU) 2018/1139
(g) provide an opinion toon the basis of a proposal by the Director for Performance Review on its proposal for, adopt and regularly update the communication and dissemination plans on performance review referred to in Article 119a(5), in accordance with point (g) of Article 98(2a);
Amendment 107 #
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Regulation (EU) 2018/1139
Section II a – Article 114 b – paragraph 1 – point h a (new)
Section II a – Article 114 b – paragraph 1 – point h a (new)
(h a) authorise the conclusion of working arrangements in accordance with Article 129a(3);
Amendment 108 #
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Regulation (EU) 2018/1139
Section II a – Article 114 b – paragraph 1 – point i
Section II a – Article 114 b – paragraph 1 – point i
(i) provide an opinion to the Management Board as regards potential actions to be taken pursuant to point (e) of Article 98(2a)exercise disciplinary authority over the Director for Performance Review;
Amendment 111 #
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Regulation (EU) 2018/1139
Section II a – Article 114 b – paragraph 1 – point j
Section II a – Article 114 b – paragraph 1 – point j
(j) provide an opinion to the Management Board on the conclusion of working arrangements in accordance with Article 129a(43);
Amendment 112 #
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Regulation (EU) 2018/1139
Section II a – Article 114 b – paragraph 1 – point k
Section II a – Article 114 b – paragraph 1 – point k
(k) provide an opinion toon the basis of a proposal by the Director for Performance Review on its proposal for, establish mechanisms and procedures for consultation of stakeholders referred to in Article 38 of [Amended SES2+] and in Article 119a of this Regulation;
Amendment 113 #
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Regulation (EU) 2018/1139
Section II a – Article 114 b – paragraph 1 – point l
Section II a – Article 114 b – paragraph 1 – point l
(l) provide an opinion to the Management BoardCommission on the candidates to be appointed as members of the Appeal Board for Performance Review in accordance with article 114l. That opinion shall not be binding.
Amendment 115 #
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Regulation (EU) 2018/1139
Section II a – Article 114 c – paragraph 2
Section II a – Article 114 c – paragraph 2
2. The members of the Regulatory Board for Performance Review and their alternates shall be formally appointed by the Management Board, on a proposal from the Commission, after consultation of Eurocontrol, following a public call for expression of interest. The members of the Regulatory Board for Performance Review shall be appointed on the basis of merit as well as skills and experience relevant to the air traffic management or economic regulation of network industries. In order for it to be adopted, the decision on the appointment of the members of the Regulatory Board for Performance Review requires a positive vote from the Commission representative in the Management Board.
Amendment 121 #
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Regulation (EU) 2018/1139
Section II a – Article 114 f – paragraph 3
Section II a – Article 114 f – paragraph 3
3. The Regulatory Board for Performance Review shall adopt its rules of procedure, which shall set out in greater detail the arrangements governing voting, in particular the conditions on the basis of which one member may act on behalf of another and also, where appropriate, the rules governing quorums.
Amendment 122 #
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Regulation (EU) 2018/1139
Section II a – Article 114 g – paragraph 2
Section II a – Article 114 g – paragraph 2
2. The Director for Performance Review shall be appointed by the Management BoardCommission following a favourable opinion of the Regulatory Board for Performance Review, on the basis of merit as well as skills and experience relevant to the air traffic managementeronautical industry or economic regulation of network industries, from a list of at least three candidates proposed by the Commission and following an open and transparent selection procedure. In order for it to be adopted, the decision on the appointment of the Director for Performance Review requires a positive vote from the representative of the Commission in the Management Board and following an open and transparent selection procedure. For the purpose of concluding the contract with the Director for Performance Review, the Agency shall be represented by the Chairperson of the Management Board.
Amendment 127 #
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Regulation (EU) 2018/1139
Section II a – Article 114 g – paragraph 4
Section II a – Article 114 g – paragraph 4
4. The Management Board, acting on a proposal from the Commission and giving the utmost consideration to the assessment referred to in paragraph 3 and following a favourable opinion of the Regulatory Board for Performance Review, may extend the term of office of the Director for Performance Review once by no more than five years. A Director for Performance Review whose term of office has been extended shall not participate in another selection procedure for the same post at the end of the extended period.
Amendment 130 #
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Regulation (EU) 2018/1139
Section II a – Article 114 g – paragraph 6
Section II a – Article 114 g – paragraph 6
6. The Director for Performance Review may be removed from office only upon a decision of the Management Board, acting on a proposal from the Commission, after having obtained a favourable opinion of the Regulatory Board for Performance Review.
Amendment 132 #
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Regulation (EU) 2018/1139
Section II a – Article 114 g – paragraph 7
Section II a – Article 114 g – paragraph 7
7. The Management Board shall reach decisions on appointment, extension of the term of office or removal from office of the Director for Performance Review on the basis of a two-thirds majority of its members with voting rights. The Director for Performance Review shall not hold any professional position or responsibility with any air navigation service provider after his or her term as Director for Performance Review, for at least a period of two years.
Amendment 135 #
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Regulation (EU) 2018/1139
Section II a – Article 114 h – paragraph 1
Section II a – Article 114 h – paragraph 1
1. The Director for Performance Review shall be accountable to the Management Board only with respect to administrative, and budgetary and managerial matters, but shall remain fully independent concerning his or her tasks under paragraph 3, point (d). Without prejudice to the respective roles of the Management Board and the Regulatory Board for Performance Review in relation to the tasks of the Director for Performance Review, the Director for Performance Review shall neither seek nor follow any instruction from any government, from the Union institutions, or from any other public or private entity or person.
Amendment 137 #
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Regulation (EU) 2018/1139
Section II a – Article 114 h – paragraph 3 – point b
Section II a – Article 114 h – paragraph 3 – point b
(b) carrying out the day-to-day administration of the work on performance review, including exercising appointing authority powers as regard members of the staff whose posts are attributed to the function of Agency acting as PRB;
Amendment 141 #
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Regulation (EU) 2018/1139
Section II a – Article 114 h – paragraph 3 – point k
Section II a – Article 114 h – paragraph 3 – point k
(k) preparing a proposal for mechanisms and procedures for consultation of stakeholders referred to in Article 38 of [amended SES2+], to be submitted to the Management Board for adoption following a favourable opinion offor adoption to the Regulatory Board for Performance Review;
Amendment 143 #
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Regulation (EU) 2018/1139
Section II a – Article 114 h – paragraph 3 – point l
Section II a – Article 114 h – paragraph 3 – point l
(l) following a favourable opinproposing for adoption ofby the Regulatory Board for Performance Review, requesting the Management Board to the establishment or modifyication of the internal structures concerning performance review;
Amendment 146 #
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Regulation (EU) 2018/1139
Section II a – Article 114 h – paragraph 3 – point m a (new)
Section II a – Article 114 h – paragraph 3 – point m a (new)
(m a) deciding whether it is necessary for the purpose of carrying out the work of the Agency acting as PRB in an efficient and effective manner to establish one or more local offices in one or more Member States. The decisions referred to in the first subparagraphs require the prior consent of the Regulatory Board for Performance Review and, where applicable, the Member State where the local office is to be established. Those decisions shall specify the scope of the activities to be carried out at that local office or by that co-located staff in a manner that avoids unnecessary costs and duplication of administrative functions of the Agency.
Amendment 152 #
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Regulation (EU) 2018/1139
Section II a – Article 114 j – paragraph 1 – point b a (new)
Section II a – Article 114 j – paragraph 1 – point b a (new)
(b a) three non-voting representatives of Air navigation Services Providers, commercial and non-commercial civil airspace users and of the airport operators;
Amendment 154 #
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Regulation (EU) 2018/1139
Section II a – Article 114 l – paragraph 2
Section II a – Article 114 l – paragraph 2
2. The members of the Appeal Board for Performance Review shall be formally appointed by the Management Board, on a proposal from the Commission, following a public call for expression of interest, after consulting the Regulatory Board for Performance Review.
Amendment 159 #
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Regulation (EU) 2018/1139
Section II a – Article 114 s – paragraph 1
Section II a – Article 114 s – paragraph 1
Where the Appeal Board for Performance Review finds that the appeal is not admissible or that the grounds for appeal are not founded, it shall reject the appeal. Where the Appeal Board for Performance Review finds that the appeal is admissible and that the grounds for appeal are founded, it shall remit the case to the Agency. The Agency acting as PRB. The Agency acting as PRB shall take a new reasoned decision taking into account the decision by the Appeal Board for Performance Review.
Amendment 173 #
Proposal for a regulation
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Regulation (EU) 2018/1139
Article 119 a – paragraph 4 – introductory part
Article 119 a – paragraph 4 – introductory part
4. The Agency acting as PRB shall adopt and publish adequate and proportionate procedures for issuing opinions, recommendations and decisions by the Agency acting as PRB, in accordance with the procedure set out in Article 98(2a),114b(1) point (f). Those procedures shall:
Amendment 176 #
Proposal for a regulation
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Regulation (EU) 2018/1139
Article 119 a – paragraph 5
Article 119 a – paragraph 5
5. The Agency acting as PRB may engage in communication activities on its own initiative within its field of competence on performance review, and in doing so shall be represented by the Director for Performance Review. The allocation of resources to communication activities shall not be detrimental to the effective exercise of the tasks and powers referred to in [Amended SES2+]. Communication activities shall be carried out in accordance with relevant communication and dissemination plans adopted by the Management Board in accordance with point (g) of Article 98(2a).114b(1);
Amendment 187 #
Proposal for a regulation
Article 1 – paragraph 1 – point 14
Article 1 – paragraph 1 – point 14
Regulation (EU) 2018/1139
Article 120 a – paragraph 7 – subparagraph 1
Article 120 a – paragraph 7 – subparagraph 1
7. The Director for Performance Review shall draw up each year a draft estimate of the revenue and expenditure for performance review for the following year together with the list of posts for performance review and shall submit them to the Executive Director for its integration in the draft statement of estimates of the Agency’s revenue and expenditure referred to in Article 120(6).
Amendment 190 #
Proposal for a regulation
Article 1 – paragraph 1 – point 14
Article 1 – paragraph 1 – point 14
Regulation (EU) 2018/1139
Article 120 a – paragraph 8 – subparagraph 2
Article 120 a – paragraph 8 – subparagraph 2
The Commission shall adopt implementing acts setting out detailed rules determining how thebe empowered to adopt delegated acts in accordance with Article 19 and Article 126b to supplement certain non-essential elements of the legislative act, with regard to the calculation of annual contributions by designated air traffic service providers referred to in paragraph 2, point (b) are to be calculated, in accordance with Article 126bprovided in this paragraph.
Amendment 191 #
Proposal for a regulation
Article 1 – paragraph 1 – point 14
Article 1 – paragraph 1 – point 14
Regulation (EU) 2018/1139
Article 120 a – paragraph 8 – subparagraph 3
Article 120 a – paragraph 8 – subparagraph 3
Amendment 193 #
Proposal for a regulation
Article 1 – paragraph 1 – point 15 – point b Regulation (EU) 2018/1139
Article 1 – paragraph 1 – point 15 – point b Regulation (EU) 2018/1139
8. The Executive Director shall send the Court of Auditors a reply to its observations by 30 September following each financial year. He or she shall also send that reply to the Management Board and the Commission. Where activities on performance review are concerned, that reply shall be prepared together withand sent by the Director for Performance Review.;
Amendment 206 #
Proposal for a regulation
Article 1 – paragraph 1 – point 18
Article 1 – paragraph 1 – point 18
Regulation (EU) 2018/1139
Article 126 a – paragraph 4
Article 126 a – paragraph 4
4. The Commission shall adopt implementbe empowered to adopt delegated acts ing acts laying down detailed rules relating to fees and charges levied by the Agency for its function as PRB, specifying in particularcordance with Article 19 to supplement certain non-essential elements of the legislative act, with regard to the fees and charges levied by the Agency for its function as PRB. Those delegated acts shall lay down [detailed criteria and a detailed methodology] with regard to the amount of the fees and charges and the way in which they are paid. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 127(3).
Amendment 209 #
The implementing acts referred to in Article 120a(8) , shall establish the followingCommission shall be empowered to adopt delegated acts in accordance with Article 19 and Article 120a(8) to supplement certain non-essential elements of the legislative act, with regard to the calculation of annual contribution by designated air traffic service providers provided in this paragraph. Those delegated acts shall lay down:
Amendment 213 #
Proposal for a regulation
Article 1 – paragraph 1 – point 20
Article 1 – paragraph 1 – point 20
Regulation (EU) 2018/1139
Article 129 a – paragraph 2
Article 129 a – paragraph 2
2. Subject to the conclusion of an agreement to that effect between the Union and third countries as referred to in paragraph 21, the Agency acting as PRB may also exercise its tasks under [Amended SES2+] with regard to third countries, provided that those third countries have adopted and apply the relevant rules in accordance with paragraph 21 and have mandated the Agency acting as PRB to coordinate the activities of their national supervisory authorities with those of the national supervisory authorities of Member States.
Amendment 216 #
Proposal for a regulation
Article 1 – paragraph 1 – point 20
Article 1 – paragraph 1 – point 20
Regulation (EU) 2018/1139
Article 129 a – paragraph 3
Article 129 a – paragraph 3
3. The agreements referred to in paragraph 21 shall specify the nature, scope and procedural aspects of the involvement of those countries in the work of the Agency acting as PRB and shall include provisions relating to financial contributions and to staff. Those agreements may provide for the establishment of working arrangements.;