171 Amendments of Bogusław LIBERADZKI related to 2013/0186(COD)
Amendment 28 #
Proposal for a regulation
Recital 7
Recital 7
(7) Improvements in the environmental performance of ATM also directly contribute to the achievement of the objectives contained in the Paris Agreement and in the Commission’s European Green Deal, in particular through the reduction of aviation emissions. Due consideration shall be given to the ANSPs’ limited area for action on this topic. The impact of other aviation stakeholders on ATM performance should be monitored.
Amendment 31 #
Proposal for a regulation
Recital 11
Recital 11
(11) The financing of the national supervisory authorities should guarantee their independence, and should allow them to operate in accordance with the principles of fairness, transparency, non- discrimination and proportionality. Appropriate procedures for appointing staff should be set up at national level and contribute to guaranteeing the independence of the national supervisory authorities, ensuring in particular that the appointment of persons in charge of strategic decisions is made by a public authority which does not directly exert ownership rights over air navigation service providers.ensuring transparency of the decision-making process1a. __________________ 1aRecruitment processes are regulated by local legislation, very often the CEO or DG of ANSP is directly appointed by the State which in most States is also the owner of the ANSP
Amendment 37 #
Proposal for a regulation
Recital 13 a (new)
Recital 13 a (new)
(13a) In line with its roles as an operational organisation and the continuing reform of the sector, the function of the Network Manager should be understood as and further developed towards an industry-led partnership.1a __________________ 1aFrom Recital 23 of the EC’s proposal from 2013 and adopted by EP
Amendment 38 #
Proposal for a regulation
Recital 14
Recital 14
(14) The safety certification and safety oversight of air navigation service providers are conducted by the national competent authorities or by the European Union Aviation Safety Agency (the Agency), in accordance with the requirements and processes laid down in Regulation (EU) 2018/1139. Additional requirements related to financial robustness, liability and insurance cover are necessary for the provision of air navigation services and should be subject to an economic certificate. An air navigation service provider should only be able to offer services in the Union where it holds both a safety certificate and the economic certificate.
Amendment 43 #
Proposal for a regulation
Recital 15
Recital 15
(15) There should be no discrimination between airspace users as to the provision of equivalent air navigation services. This does not apply when different airspace users are treated differently on the basis of an amended performance and charging scheme, which allows for differentiation of charges based on the level of service.
Amendment 51 #
Proposal for a regulation
Recital 19
Recital 19
Amendment 61 #
Proposal for a regulation
Recital 22
Recital 22
(22) The performance and charging schemes are intended to make air navigation services provided under conditions other than market conditions more cost-efficient and to promote better service quality and should, to this end, include relevant and appropriate incentives. In view of this objective, the performance and charging schemes should not cover services supplied under market conditionsimprove the performance of the air navigation services. The performance scheme should aim at clearly defined, achievable outcomes, respect the air navigation service providers’ management decisions and not prescribe measures to reach the targets. The performance and charging schemes should not cover terminal air navigation services supplied under market conditions1a. __________________ 1aThe performance and charging should be aimed at improving all key performance areas and not just cost efficiency. Furthermore, the non- application of the performance and charging schemes should only apply to specific air traffic services and not services procured under market conditions by ATSPs subject to the schemes. This change is also reflected in a proposed amendment to Article 19(5). Air traffic services providers are responsible for their own performance and results, but should not be held responsible for those impacts which derive from factors beyond their control.
Amendment 64 #
Proposal for a regulation
Recital 22 a (new)
Recital 22 a (new)
(22a) In order to promote better service quality, the performance and charging schemes should include relevant and appropriate outcome-based incentives. Financial incentives should be set with a view to encouraging better air navigation service performance in a balanced and symmetrical manner by rewarding or penalising actual performance in relation to the binding performance targets. Evaluation of financial incentives should be based on a clear focus on effects attributable to air navigation service providers and taking due account of impacts stemming from actions of other stakeholders.1a __________________ 1aAir traffic services providers are responsible for their own performance and results, but should not be held responsible for those impacts which derive from factors beyond their control. Furthermore, any potential financial incentive schemes should be designed in an appropriate balanced and symmetrical manner that ensures genuine stimulus to ANSPs to focus on improved performance outcomes. By extension, the proposals to extend the financial incentives to the deployment of specific ATM functionalities is deleted. This is on the basis that infringement procedures already serve as a mechanism to ensure timely compliance. The addition of any further penalty schemes would necessitate highly complex schemes in order to address the significant interrelationships between deployment actions and performance outcomes which would likely render them ineffective.
Amendment 66 #
Proposal for a regulation
Recital 25
Recital 25
(25) Given the cross border and network elements inherent in the provision of en route air navigation services and the fact that, as a consequence, performance is notably to be assessed against Union-wide performance targets, a Union body should be in charge of the assessment and approval of the performance plans and performance targets for en route air navigation services, subject to judicial review by an appeal body and eventually by the Court of Justice. In order to ensure that the tasks be carried out with a high level of expertise and necessary independence, that Union body should be the Agency acting as Performance Review Body (PRB), functioning in accordance with the dedicated governance rules set out in Regulation (EU) 2018/1139. Given their knowledge of the local circumstances, necessary to assess terminal air navigation services, national supervisory authorities should be in charge of the assessment and approval of the performance plans and performance targets for terminal air navigation services. The allocation of costs between en route and terminal air navigation services constitutes a single operation, relevant to both types of services, and should therefore be subject to the oversight of the Agency acting as PRB.
Amendment 67 #
Proposal for a regulation
Recital 25
Recital 25
(25) Given the cross border and network elements inherent in the provision of en route air navigation services and the fact that, as a consequence, performance is notably to be assessed against Union-wide performance targets, a Union body should be in charge of the assessment and approval of the performance plans and performance targets for en route air navigation services, subject to judicial review by an appeal body and eventually by the Court of Justice. In order to ensure that the tasks be carried out with a high level of expertise and necessary independence, that Union body should be the Agency acting as Performance Review Body (PRB), functioning in accordance with the dedicated governance rules set out in this Regulation (EU) 2018/1139. Given their knowledge of the local circumstances, necessary to assess terminal air navigation services, national supervisory authorities should be in charge of the assessment and approval of the performance plans and performance targets for terminal air navigation services. The allocation of costs between en route and terminal air navigation services constitutes a single operation, relevant to both types of services, and should therefore be subject to the oversight of the Agency acting as PRB.
Amendment 68 #
Proposal for a regulation
Recital 25 a (new)
Recital 25 a (new)
(25a) The European Union Aviation Safety Agency acting as Performance Review Body (hereafter the “Agency acting as PRB”) that should have a permanent structure, guaranteeing that the tasks conferred upon the Agency acting as PRB be carried out with the required expertise as well as independence from public or private interests and that can rely on dedicated resources; a Regulatory Board for Performance Review should be established and a Director for Performance Review should be appointed in order to carry out specifically the functions of the Agency acting as PRB; the Regulatory Board for Performance Review should act independently and should not seek or follow instructions or accept recommendations from a government of a Member State, from the Commission or any other public or private entity.
Amendment 69 #
Proposal for a regulation
Recital 25 b (new)
Recital 25 b (new)
(25b) The Director for Performance Review should be the legal representative of the Agency in matters of performance review and be in charge of the day-to-day administration in respect of this matter, as well as of various preparatory tasks. The Director for Performance Review should also draft and submit the section on performance review of the programming document, the annual work programme and the annual activity report of the Agency. The Regulatory Board for Performance Review as an independent body should be involved in those activities.
Amendment 70 #
Proposal for a regulation
Recital 25 c (new)
Recital 25 c (new)
(25c) Where the Agency acting as PRB has decision-making powers, interested parties should, for reasons of procedural economy, be granted a right of appeal to an Appeal Board for Performance Review, which should be part of the Agency acting as PRB, but independent from its administrative and regulatory structure; cooperation between national supervisory authorities in the area of performance review is important to ensure smooth application of Union law in this area and should thus be facilitated, namely through the establishment of an Advisory Board for Performance Review
Amendment 71 #
Proposal for a regulation
Recital 25 d (new)
Recital 25 d (new)
(25d) Designated air traffic service providers hold natural monopolies in respect of the services concerned, and those services are remunerated by airspace users. Because of this specific feature, it is necessary that the performance and charging schemes be applied to them, so as to optimise the provision of the services concerned on a number of points. The principal role of the Agency acting as PRB consists of the application of those schemes, and the funds necessary for its setting up can therefore be considered as necessary for reasons linked to the peculiar features and the peculiar position of the providers of the services concerned
Amendment 72 #
Proposal for a regulation
Recital 25 e (new)
Recital 25 e (new)
(25e) Costs related to the supervision of designated air traffic service providers by the Agency acting as PRB should be divided into costs for its setting up and running costs; the costs for the setting up of the Agency acting as PRB are short- term and limited to a few activities, such as recruitment, training and necessary IT equipment, and are necessary to initiate the supervision required for the reasons described; those costs should be paid during five financial years by designated air traffic service providers in the form of annual contributions, calculated in a fair and non-discriminatory manner. Individual contributions by designated air traffic service providers should be determined by reference to their size in order to reflect their importance in the provision of air traffic services in Europe and hence the relative benefits they draw from the supervised activity. Concretely, such contributions should be calculated based on the amount of actual revenues produced by the provision of air navigation services over the reference period preceding the reference period during which this Regulation enters into force.
Amendment 73 #
Proposal for a regulation
Recital 25 f (new)
Recital 25 f (new)
(25f) In order to establish uniform rules regarding the calculation of annual contributions, in particular the methodology to allocate the estimated expenditure to categories of designated air traffic service providers and the criteria to determine the level of individual contributions based on size, implementing powers should be conferred on the Commission; Running costs relate to the cost of the activities conducted by the Agency acting as PRB, in respect of the performance and charging schemes, once the operation of this activity has been set up. Running costs of the Agency acting as PRB should equally be financed by designated air traffic services providers. However, the funding should be based on fees and charges, on account of interventions necessary for the application of the performance and charging schemes. This form of funding can also be expected to enhance the autonomy and independence of the Agency acting as PRB.
Amendment 74 #
Proposal for a regulation
Recital 25 g (new)
Recital 25 g (new)
(25g) No revenue received by the Agency, of whatever source, should compromise its independence and impartiality. The Agency acting as PRB should also provide for a reserve fund covering one year of its operational expenditure to ensure the continuity of its operations and the execution of its tasks.
Amendment 75 #
Proposal for a regulation
Recital 25 h (new)
Recital 25 h (new)
(25h) The Agency acting as PRB should be open to the participation of third countries which have concluded agreements with the Union and which have adopted and are applying the relevant rules of Union law.
Amendment 89 #
Proposal for a regulation
Recital 32
Recital 32
(32) ATM network functions should contribute to the sustainable development of the air transport system and support the achievement of Union-wide performance targets. They should ensure the sustainable, efficient and environmentally optimal use of airspace and of scarce resources, reflect operational needs in the deployment of the European ATM network infrastructure and should provide support in case of network crises. A number of tasks contributing to the execution of these functions should be carried out by a Network Manager, whose action should involve all operational stakeholders concerned.1a __________________ 1aFocus on “environmentally optimal trajectories” may lead to bottlenecks in the airspace, the focusing on “optimal” trajectories allow for all factors to be considered
Amendment 91 #
Proposal for a regulation
Recital 32 a (new)
Recital 32 a (new)
(32a) ATM network functions related to the planning, monitoring and coordination of implementation activities of the deployment of infrastructure in the European ATM network, is performed in full cooperation and joint management with the operational stakeholders.1a __________________ 1aadded in order to provide consistency with the amendment to art. 26.3, let.e
Amendment 95 #
Proposal for a regulation
Recital 33
Recital 33
(33) In the cooperative decision making process for the decisions to be taken by the Network Manager, the interest of the network should prevail. Parties to the cooperative decision-making process should therefore act to the maximum extent possible with a view to improving the functioning and performance of the network but it should also take into consideration safety concerns. The procedures for the cooperative decision- making process should promote safety as well as the interest of the network, and be such that issues are resolved and consensus found wherever possible. Decisions taken shall also be considered within the context of the National Performance Plans, and a mechanism created to ensure there is no detriment to an ANSP due to the cooperative decision making process.
Amendment 103 #
Proposal for a regulation
Recital 35
Recital 35
(35) Availability of relevant operational data in an interoperable format is essential for enabling the flexible provision of air traffic data services, on cross-border and on Union-wide bases. Therefore, such data should be made available to relevant stakeholders, including to prospective new providers of air traffic data services. Accuracy of information including on airspace status and on specific air traffic situations and timely distribution of this information to civil and military controllers has a direct impact on the safety and efficiency of operations. Timely access to up-to-date information on airspace status is essential for all parties wishing to take advantage of airspace structures made available when filing or re-filing their flight plans.
Amendment 110 #
Proposal for a regulation
Recital 41
Recital 41
(41) In order to take into account technical or operational developments, in particular by amending annexes, or by supplementing the provisions on network management, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission. The content and scope of each delegation is set out in detail in the relevant Articles. When adopting delegated acts under this Regulation, it is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level within the Expert Group on Human Dimension of the Single European Sky, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making33 . In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States’ experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts. __________________ 33 OJ L 123, 12.5.2016, p. 1.
Amendment 114 #
Proposal for a regulation
Recital 42
Recital 42
Amendment 128 #
Proposal for a regulation
Recital 15
Recital 15
(15) The concept of common projects, aimed at assisting airspace users and/or air navigation service providers to improve collective air navigation infrastructure, the provision of air navigation services and the use of airspace, in particular those that may be required for the implementation of the ATM Master Plan as endorsed by Council Decision 2009/320/EC20, in accordance with Article 1(2) of Council Regulation (EC) No 219/2007, should not prejudice pre-existing projects decided by one or several Member States with similar objectives. The provisions on financing of the deployment of common projects should not prejudge the manner in which these common projects are set up. The Commission may propose that funding, such as Trans-European Network, Horizon 2020 or European Investment Bank funding, may be used in support of common projects, in particular to speed up the deployment of the SESAR programme, within the multiannual financial framework. Without prejudice to access to that funding, Member States should be free to decide how revenues generated by the auctioning of aviation sector allowances under the Emissions Trading Scheme are to be used and to consider in this context whether a share of such revenues might be used to finance common projects at the level of functional airspace blocks. __________________ 20 OJ L 95, 9.4.2009, p. 41 OJ L 95, 9.4.2009, p. 41
Amendment 132 #
Proposal for a regulation
Article 2 – paragraph 1 – point 20
Article 2 – paragraph 1 – point 20
20. ‘breakdown value’ means the value obtained, for a given air navigation traffic service provider, by breaking down a Union-wide performance target to the level of each air traffic service provider and serving as a reference for assessing consistency of the performance target set in draft performance plan with the Union-wide performance target;the development of national performance targets, the assessment and approval of the draft performance plans by the national supervisory authorities, as well as for the PRB in the context of their European monitoring and benchmarking activities;1a __________________ 1aBreakdown values are needed as reference values for air navigation service providers in their development of their draft performance plans, as well as for the national regulators in their assessment and approval process of those draft performance plans. The development of national targets needs to take due account of local needs, specificities, setups and constraints of the specific regulated entities, which might lead to a deviation from those reference values.
Amendment 151 #
Proposal for a regulation
Article 2 – paragraph 1 – point 40
Article 2 – paragraph 1 – point 40
40. which also executes ‘national supervisory authority’ means the national body or bodies entrusted by a Member State with the tasks under this Regulation other than the tasks covered by the national competent authority;1a __________________ 1aWe do not see the added value of separating NSA and NCA, as a matter of fact, safety is related to several other factors which need to be closely linked, which is why these two bodies are often merged within one single organization and it should be kept as such. There may be States where NCA and NSA activities are executed by two different bodies and others where these activities are performed by the same body. For the purpose of this regulation, most of the activities are executed by the NSA and not the NCA which has safety-related competences
Amendment 195 #
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 providerfollowing a clear and transparent process. 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 204 #
Proposal for a regulation
Article 3 – paragraph 6 – subparagraph 2
Article 3 – paragraph 6 – subparagraph 2
Amendment 211 #
Proposal for a regulation
Article 3 – paragraph 8 – introductory part
Article 3 – paragraph 8 – introductory part
8. A Member State may request the Agency acting as Performance Review Body (PRB), to carry out the tasks related to the implementation of the performance and charging schemes laid down in Articles 14, 17, 19, 20, 21, 22 and 25, and in the implementing acts referred to in Articles 18 and 23 and for which the national supervisory authority of that Member State is responsible under this Regulation and the delegated and implementing acts adopted on the basis thereof.
Amendment 212 #
Proposal for a regulation
Article 3 – paragraph 8 – subparagraph 1
Article 3 – paragraph 8 – subparagraph 1
Once the Agency acting as PRB accepts such a request, it shall become the supervisory authority responsible for the tasks covered by that request and the national supervisory authority of the requesting Member State shall be relieved of the responsibility for those tasks. The rules contained in Regulation (EU) 2018/1139 and pertaining to the Agency acting as PRB shall apply to the performance of these tasks, including as regards the levying of fees and charges.
Amendment 223 #
Proposal for a regulation
Article 4 – paragraph 1 – point b
Article 4 – paragraph 1 – point b
Amendment 228 #
Proposal for a regulation
Article 4 – paragraph 3 – subparagraph 1
Article 4 – paragraph 3 – subparagraph 1
Amendment 242 #
Proposal for a regulation
Chapter 2 a (new)
Chapter 2 a (new)
CHAPTER IIa - Performance Review Body
Amendment 243 #
Proposal for a regulation
Article 5 a (new)
Article 5 a (new)
Article 5a Agency acting as Performance Review Body 1. A Performance Review Body shall be established with the competence to implement various tasks notably in respect of the performance and charging schemes. A permanent structure shall be established with the European Union Aviation Safety Agency (EASA) in a manner that separates the discharge of the tasks regarding the performance and charging schemes of the Single European Sky, functionally and hierarchically, from the Agency’s activity as a safety authority. 2. To carry out its tasks, the Agency acting as PRB shall have the required expertise, shall be independent from public or private interests and shall rely on dedicated resources. Governance for its integration within the existing structure of the Agency shall be in accordance with [Regulation PRB].
Amendment 244 #
Proposal for a regulation
Article 5 b (new)
Article 5 b (new)
Article 5b Structure of the Agency acting as PRB For carrying out its tasks on performance review, the Agency acting as PRB shall have: (a) A Regulatory Board for Performance Review; (b) A Director for Performance Review; (c) An Advisory Board for Performance Review; (d) Appeal Board for Performance Review.
Amendment 245 #
Proposal for a regulation
Article 5 c (new)
Article 5 c (new)
Amendment 246 #
Proposal for a regulation
Article 5 d (new)
Article 5 d (new)
Article 5d Composition and independence of the Regulatory Board for Performance Review 1. The Regulatory Board for Performance Review shall be composed of 9 voting members and one non-voting representative of the Commission. Each member shall have an alternate. One of the members shall be the Chairperson of the Advisory Board for Performance Review. A member of the Management Board of the Agency shall not be a member of the Regulatory Board for Performance Review. The term of office for members and their alternates shall be five years, and that term shall be extendable. 2. The members of the Regulatory Board for Performance Review and their alternates shall be formally appointed by 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. 3. When carrying out the tasks conferred upon it by this Regulation, the Regulatory Board for Performance Review shall act independently and shall not seek or follow instructions from any government of a Member State, from the Commission, or from another public or private entity.
Amendment 247 #
Proposal for a regulation
Article 5 e (new)
Article 5 e (new)
Article 5e Chairperson of the Regulatory Board for Performance Review 1. The Regulatory Board for Performance Review shall elect a Chairperson and a Deputy Chairperson from among its members with voting rights by a two-thirds majority. The Deputy Chairperson shall replace the Chairperson if the latter is not in a position to perform his or her duties. 2. The term of office of the Chairperson and of the Deputy Chairperson shall be two-and-a-half years and shall be renewable. If their membership of the Regulatory Board for Performance Review ceases at any time during their term of office, their term of office shall automatically expire on that date.
Amendment 248 #
Proposal for a regulation
Article 5 f (new)
Article 5 f (new)
Article 5f Meetings of the Regulatory Board for Performance Review 1. Meetings of the Regulatory Board for Performance Review shall be convened by its Chairperson. 2. The Regulatory Board for Performance Review shall hold at least two ordinary meetings a year. In addition, it shall meet at the request of the Chairperson, of the Commission or of at least one third of its members. 3. The Director for Performance Review shall take part in the deliberations, without the right to vote. 4. The Regulatory Board for Performance Review may invite any person whose opinion might be of interest to attend its meetings with observer status. 5. The Agency shall provide the secretariat for the Regulatory Board for Performance Review.
Amendment 249 #
Proposal for a regulation
Article 5 g (new)
Article 5 g (new)
Article 5g Voting rules of the Regulatory Board for Performance Review 1. Unless otherwise specified in this Regulation, the Regulatory Board for Performance Review shall take decisions by a simple majority of the members with voting rights. 2. Each member with voting rights appointed pursuant to Article 5c(2) shall have one vote. In the absence of a member, his or her alternate shall be entitled to exercise his or her right to vote. Neither observers nor the Director for Performance Review shall have the right to vote. 3. The Regulatory Board for Performance Review shall adopt its rules of procedure, which shall set out in greater detail the arrangements governing voting.
Amendment 250 #
Proposal for a regulation
Article 5 h (new)
Article 5 h (new)
Amendment 251 #
Proposal for a regulation
Article 5 i (new)
Article 5 i (new)
Amendment 252 #
Proposal for a regulation
Article 5 j (new)
Article 5 j (new)
Amendment 253 #
Proposal for a regulation
Article 5 k (new)
Article 5 k (new)
Article 5k Composition of the Advisory Board for Performance Review 1. The Advisory Board for Performance Review shall be composed of: (a) one senior representative per Member State from the national supervisory authorities referred to in Article 3 of this Regulation and one alternate per Member State from the current senior staff of those authorities, both nominated by the national supervisory authority. (b) one non-voting representative of the Commission, and one alternate. (c) three non-voting representative of Air Navigation Services Providers, commercial and non-commercial civil airspace users and of the airport operators. 2. The Advisory Board for Performance Review shall elect a Chairperson and a Deputy-Chairperson from among its members. The Deputy- Chairperson shall replace the Chairperson if the latter is not in a position to perform his or her duties. The term of office of the Chairperson and of the Deputy-Chairperson shall be two-and- a-half years and shall be renewable. If their membership of the Advisory Board for Performance Review ceases at any time during their term of office, their term of office shall automatically expire on that date.
Amendment 254 #
Proposal for a regulation
Article 5 l (new)
Article 5 l (new)
Article 5l Powers of the Appeal Board for Performance Review 1. The Appeal Board for Performance Review shall be responsible for deciding on appeals against the decisions referred to in this Regulation. The Appeal Board for Performance Review shall be convened as necessary. 2. The decisions of the Appeal Board for Performance Review shall be adopted by a majority of at least four of its six members.
Amendment 255 #
Proposal for a regulation
Article 5 m (new)
Article 5 m (new)
Article 5m Members of the Appeal Board for Performance Review 1. The Appeal Board for Performance Review shall be composed of six members and six alternates selected from among current or former senior staff of the national supervisory authorities referred to in Article 3 of this Regulation; competition authorities or other Union or national institutions with relevant experience in the aviation sector. The Appeal Board for Performance Review shall designate its Chairperson. 2. The members of the Appeal Board for Performance Review shall be formally appointed by the Commission, following a public call for expression of interest, after consulting the Regulatory Board for Performance Review. 3. The members of the Appeal Board for Performance Review shall undertake to act independently and in the public interest. For that purpose, they shall make a written declaration of commitments and a written declaration of interests indicating either the absence of any interest which might be considered prejudicial to their independence or indicating any direct or indirect interest which might be considered prejudicial to their independence. Those declarations shall be made public annually. 4. The term of office of the members of the Appeal Board for Performance Review shall be five years. That term shall be renewable once. 5. The members of the Appeal Board for Performance Review shall be independent in making their decisions. They shall not be bound by any instructions. They shall not perform any other duties in the Agency, in its Management Board or in the Advisory Board for Performance Review. A member of the Appeal Board for Performance Review shall not be removed during his or her term of office, unless he or she has been found guilty of serious misconduct, and the Commission, after receiving the opinion of the Management Board, has taken a decision to that effect. 6. The Appeal Board for Performance Review shall adopt and publish its rules of procedure. Those rules shall set out in detail the arrangements governing the organisation and functioning of the Appeal Board for Performance Review and the rules applicable to appeals before the Appeal Board for Performance Review pursuant to Articles 5k to 5s. The Appeal Board for Performance Review shall notify the Commission of its draft rules of procedure as well as any significant change to those rules. The Commission may provide an opinion on those rules within three months of the date of receipt of the notification.
Amendment 256 #
Proposal for a regulation
Article 5 n (new)
Article 5 n (new)
Amendment 257 #
Proposal for a regulation
Article 5 o (new)
Article 5 o (new)
Article 5o Decisions issued by the Agency acting as PRB subject to appeal 1. An appeal may be brought against decisions of the Agency acting as PRB taken pursuant to this Regulation. 2. An appeal lodged pursuant to paragraph 1 shall not have suspensory effect. The Appeal Board for Performance Review may, however, if it considers that circumstances so require, suspend the application of the contested decision. 3. The Agency acting as PRB shall publish the decisions taken by the Appeal Board for Performance Review.
Amendment 258 #
Proposal for a regulation
Article 5 p (new)
Article 5 p (new)
Amendment 259 #
Proposal for a regulation
Article 5 q (new)
Article 5 q (new)
Article 5q Time limit and form The appeal shall include a statement of the grounds for appeal and shall be filed in writing to the Agency acting as PRB within two months of the notification of the decision to the person concerned, or, in the absence thereof, within two months of the date on which the Agency acting as PRB published its decision. The Appeal Board for Performance Review shall decide upon the appeal within four months of the lodging of the appeal.
Amendment 260 #
Proposal for a regulation
Article 5 r (new)
Article 5 r (new)
Article 5r Interlocutory revision 1. Before examining the appeal, the Appeal Board for Performance Review shall give the Agency acting as PRB the opportunity to review its decision. If the Director for Performance Review considers the appeal to be well founded, he or she shall rectify the decision within two months from being notified by the Appeal Board for Performance Review. That shall not apply where the appellant is opposed to another party to the appeal proceedings. 2. If the decision is not rectified, the Appeal Board for Performance Review shall forthwith decide whether or not to suspend the application of the decision pursuant to Article 114n(2).
Amendment 261 #
Proposal for a regulation
Article 5 s (new)
Article 5 s (new)
Amendment 262 #
Proposal for a regulation
Article 5 t (new)
Article 5 t (new)
Article 5t Decisions on appeal 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 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 263 #
Proposal for a regulation
Article 5 u (new)
Article 5 u (new)
Article 5u Actions before the Court of Justice 1. Actions for the annulment of a decision issued by the Agency acting as PRB pursuant to this Regulation and actions for failure to act within the applicable time limits may be brought before the Court of Justice only after the exhaustion of the appeal procedure referred to in Articles 5k to 5s. 2. The Agency acting as PRB shall take the necessary measures to comply with the judgments of the Court of Justice.
Amendment 264 #
Proposal for a regulation
Article 5 v (new)
Article 5 v (new)
Amendment 265 #
Proposal for a regulation
Article 5 w (new)
Article 5 w (new)
Amendment 266 #
Proposal for a regulation
Article 5 x (new)
Article 5 x (new)
Article 5x Evaluation 1. In conjunction with the evaluation referred to in Article 43 of this Regulation, the Commission shall, by the deadline defined in that Regulation, carry out an evaluation to assess the Agency’s performance as PRB in relation to its objectives, tasks and powers. The evaluation shall in particular address the possible need to modify the tasks and powers of the Agency acting as PRB, and the financial implications of any such modification. 2. Where the Commission considers that the continued existence of the PRB function is no longer justified with regard to its assigned objectives, tasks and powers, it may propose that this Regulation and [Regulation PRB ] be amended accordingly. 3. The Commission shall forward the evaluation findings related to the activity of the Agency acting as PRB, together with its conclusions, to the European Parliament, the Council and the Management Board. The findings of the evaluation and the recommendations shall be made public.
Amendment 267 #
Proposal for a regulation
Article 5 y (new)
Article 5 y (new)
Amendment 268 #
Proposal for a regulation
Article 5 z (new)
Article 5 z (new)
Amendment 269 #
Proposal for a regulation
Article 5 aa (new)
Article 5 aa (new)
Article 5aa Cooperation agreements on performance review 1. Insofar as the activities of the Agency acting as PRB are concerned, the Agency shall be open to the participation of third countries which have concluded agreements with the Union and which have adopted and are applying the relevant rules of Union law in the field of air traffic management including, in particular, the rules on independent national supervisory authorities and on performance scheme and charging scheme. 2. Subject to the conclusion of an agreement to that effect between the Union and third countries as referred to in paragraph 1, 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 1 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. 3. The agreements referred to in paragraph 1 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.
Amendment 274 #
Proposal for a regulation
Article 6 – title
Article 6 – title
Economic certification and requirements for air navigation service providerproviders of CNS, AIS, ADS, MET or terminal air traffic services
Amendment 277 #
Proposal for a regulation
Article 6 – paragraph 1 – introductory part
Article 6 – paragraph 1 – introductory part
1. Air navigation service providerProviders of CNS, AIS, ADS, MET or terminal air traffic services shall, in addition to the certificates they are required to hold pursuant to Article 41 of Regulation (EU) No 2018/1139, hold an economic certificate. This economic certificate shall be issued upon application, when the applicant has demonstrated sufficient financial robustness and has obtained appropriate liability and insurance cover.
Amendment 289 #
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 delegatedimplementing acts in accordance with Article 367 (3) 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 309 #
Proposal for a regulation
Article 7 – paragraph 1 – subparagraph 1
Article 7 – paragraph 1 – subparagraph 1
Amendment 320 #
Proposal for a regulation
Article 7 – paragraph 2 – introductory part
Article 7 – paragraph 2 – introductory part
2. The designation of the air traffic service providers shall not be subject to any condition requiring those providers to : Member States shall ensure the provision of air traffic services on an exclusive basis within specific airspace blocks in respect of the airspace under their responsibility. For this purpose, Member States shall designate an air traffic service provider holding a valid certificate within the Union.1a The designation of the air traffic service providers shall not be subject to any condition requiring those providers to : __________________ 1aThe provision related to the 10-year designation of ATSPs by the Member States raises concerns on its compatibility with the Chicago Convention, which gives the States discretionary powers on the designation of the ATSP. From a management perspective, 10 years would not be consistent with crucial issues such as training, investment cycles or the Performance Plans as foreseen by the proposal itself.
Amendment 325 #
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
3. Member States shall have discretionary powers in choosing an air traffic providers and shall specify the rights and obligations to be met by the air traffic service providers , designated individually or jointly. The obligations shall include conditions for making available relevant data enabling all aircraft movements to be identified in the airspace under their responsibility.
Amendment 340 #
Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 1
Article 8 – paragraph 1 – subparagraph 1
Where this enables cost-efficiency 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.1a __________________ 1a The provision should consider the sovereignty of member States on such a strategic asset thus leaving them the choice to liberalize the service at is currently the case that has allowed for opening of the market in, among others, Spain, UK and Sweden.
Amendment 352 #
Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 2
Article 8 – paragraph 1 – subparagraph 2
Amendment 371 #
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
3. Member States shall take all necessary measures to ensure that the provision of en route air traffic services is separated in terms of organisationaccounts1a 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. __________________ 1aThis requirement seems to be over- prescriptive and ignores the financial, operational and technical interdependencies among these services in case an ANSP decides not to procure or sell these services under market conditions.
Amendment 377 #
Proposal for a regulation
Article 8 – paragraph 4 – point b
Article 8 – paragraph 4 – point b
Amendment 379 #
Proposal for a regulation
Article 8 – paragraph 4 – point c
Article 8 – paragraph 4 – point c
Amendment 382 #
Proposal for a regulation
Article 8 – paragraph 5
Article 8 – paragraph 5
5. Articles 14, 17 and 19 to 22 shall not apply to the terminal air traffic service providers designated as a result of a procurement procedure in accordance with the second and third subparagraphs of paragraph 1. Those terminal air traffic service providers shall provide data on the performance of air navigation services in the key performance areas of safety, the environment, capacity and cost-efficiency to national supervisory authority and the Agency acting as PRB for monitoring purposes.
Amendment 400 #
Proposal for a regulation
Article 9 – paragraph 4 a (new)
Article 9 – paragraph 4 a (new)
4a. Designation of common information services providers shall be made according to rules to be set out by the Agency.
Amendment 401 #
Proposal for a regulation
Article 9 – paragraph 4 b (new)
Article 9 – paragraph 4 b (new)
4b. Technical requirements for common information services shall be set out by the Agency under conditions set in Regulation (EU) 2018/1139.
Amendment 403 #
Proposal for a regulation
Article 9 – paragraph 4 c (new)
Article 9 – paragraph 4 c (new)
4c. Common information service provides shall ensure at all times compatibility of their services with services provided by air navigation service providers.
Amendment 415 #
Proposal for a regulation
Article 10 – paragraph 2 – subparagraph 1
Article 10 – paragraph 2 – subparagraph 1
The Commission may add additional key performance areas for performance target setting or monitoring purposes, where necessary to improve performance. This must follow a detailed impact assessment and with the involvement of operational stakeholders and be adopted by way of an Implementing Regulation adopted in accordance with the examination procedure referred to in Article 37(3).1a __________________ 1aSetting a new KPA should not be done unilaterally by the Commission and, in view of the importance of the issue, an examination procedure would be needed, as set out in an amendment to Article 18
Amendment 424 #
Proposal for a regulation
Article 10 – paragraph 3 – point a
Article 10 – paragraph 3 – point a
(a) the collection, validation, examination, evaluation and dissemination of relevant data related to the performance of air navigation services and network functions from all relevant parties, including air navigation service providers, airspace users, airport operators, national supervisory authorities, national competent authorities, Member States , the Agency, the Network Manager and Eurocontrol;
Amendment 425 #
Proposal for a regulation
Article 10 – paragraph 3 – point b
Article 10 – paragraph 3 – point b
(b) one key performance indicators for target setting in each of the key performance areas of the environment, capacity, safety and cost- efficiency; the Commission shall consult operational stakeholders when developing these key performance indicators; these shall be outcome-based and take due account of:
Amendment 428 #
Proposal for a regulation
Article 10 – paragraph 3 – point b a (new)
Article 10 – paragraph 3 – point b a (new)
(ba) the impact of different operational stakeholders on the outcomes so that the performance assessment of the key performance indicators is limited to the activities and responsibilities of the air navigation service provider
Amendment 429 #
Proposal for a regulation
Article 10 – paragraph 3 – point b b (new)
Article 10 – paragraph 3 – point b b (new)
(bb) prior monitoring as a performance indicator1a __________________ 1a The key performance indicators (KPIs) should be defined by the Commission in an Implementing Regulation following examination procedure. The corresponding process should include assessment of the planned key performance indicators and metrics. The development/preparation of a new KPI should include prior monitoring as a performance indicator. The possibility should be left to adopt additional local PIs. In that way it is possible to ensure a common base for performance, as done in the past RPs, leaving anyway the possibility to implement local metrics if needed. This process gives an opportunity to reflect on how the current indicators can be improved to reflect better the performance of air traffic services providers and the accountabilities of the different actors in the system. Air traffic services providers should only be responsible for their own performance and results which derive from factors under their control. For instance: Capacity should not focus on delays but rather on a measurement of the actual capacity provided by the service provider. Environment should recognise ATM efficiency and focused on overall impact; air traffic services providers should not be made responsible for avoiding a route with temporary adverse meteorological conditions or if airlines plan a route different from the shortest. Operational stakeholders must be involved in the development of the new KPIs so that new indicators accurately capture accountability of air traffic services providers.
Amendment 430 #
Proposal for a regulation
Article 10 – paragraph 3 – point c
Article 10 – paragraph 3 – point c
(c) indicators for monitoring performance in the key performance areas of safety, the environment, capacity and cost-efficiency; these shall be focused on what is required to achieve the desired outcomes and limited in number;1a __________________ 1aMonitoring through a limited number of performance indicators is desirable to simplify the monitoring reports. Indicators and their associated targets, when applicable, need to stay focused on what is to be achieved by the Performance and Charging Scheme
Amendment 432 #
Proposal for a regulation
Article 10 – paragraph 3 – point h
Article 10 – paragraph 3 – point h
(h) balanced and symmetrical incentive schemes including for financial disincentivbonuses applicable where an air traffic service provider achieves a performance exceeding binding performance targets and penalties where it does not comply with the relevant binding performance targets during the reference period or where it has not implemented the relevant common projects referred to in Article 35. Such financial disincentives shall in particular take account of the deterioration in the level of service quality provided by that provider, as a result of not complying with . Such financial incentives shall be proportionate to the magnitude of the variation between the achieved performance and the target. The determination of the financial incentive shall take into account to the greatest extent possible effects attributable to air navigation service providers and include adjustment for any impacts stemming from actions of other stakeholders.1a __________________ 1aAir traffic services providers are responsible for their own performance and results but should not be held responsible for those impacts which derive from factors beyond their control. Furthermore, any potential financial incentive schemes should be designed in an appropriate balanced and symmetrical manner that ensures genuine stimulus to ANSPs to focus on improved performance outcomes. By extension, the proposals to extend the financial incentives to the deployment of specific ATM functionalities is deleted. This is on the basis that infringement procedures already serve as a mechanism to ensure timely compliance. The addition of any further performance targets or not implementing the common projects, and the impact thereof on the network;nalty schemes would necessitate highly complex schemes in order to address the significant interrelationships between deployment actions and performance outcomes which would likely render them ineffective.
Amendment 440 #
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. The Commission shall adopt the Union-wide performance targets for en route air navigation services and for terminal air navigation services in the key performance areas of environment, capacity and cost-efficiency for each reference period, in accordance with the advisoryexamination procedure referred to in Article 37(23) and with paragraphs 2 to 3 of this Article and following consultation with stakeholders. In conjunction with the Union- wide performance targets, the Commission may define complementary baseline values, breakdown values or benchmark groups, for the purpose of enabling the assessment and approval of draft performance plans in accordance with the criteria referred to in Article 13(3).
Amendment 448 #
Proposal for a regulation
Article 11 – paragraph 3
Article 11 – paragraph 3
3. For the purposes of preparing its decisions on Union-wide performance targets, the Commission shall collect any necessary input from stakeholders and the potential complementary baseline values and breakdown values, the Commission shall collect any necessary input from stakeholders and the relevant national regulators (national supervisory authorities / national competent authorities). Upon request of the Commission, the Agency acting as PRB shall provide assistance to the Commission for the analysis and preparation of those decisions, by way of an opinion.
Amendment 457 #
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
2. In due time before the start of the relevant reference period, the Commission, shall adopt implementing decisions addressed to each Member State as to whether the intended classification of the services concerned complies with the criteria set out in points (28) and (55) of Article 2. Upon request of the Commission, the Agency acting as PRB shall provide assistance to the Commission for the analysis and preparation of those decisions, by way of an opinion.
Amendment 462 #
Proposal for a regulation
Article 12 – paragraph 4
Article 12 – paragraph 4
4. The designated air traffic service providers concerned shall base their draft performance plans for en route and terminal air navigation services on the classifications the Commission has found to be in compliance with the criteria set out in points (28) and (55) of Article 2. The Agency acting as PRB shall base itself on those same classifications when assessing the allocation of costs between en route and terminal air navigation services under Article 13(3).
Amendment 469 #
Proposal for a regulation
Article 13 – paragraph 1 – subparagraph 1
Article 13 – paragraph 1 – subparagraph 1
The draft performance plans shall be adopted by the national supervisory authorities 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 adequate recognition of local needs, specifications, setups and constraints, the national regulators (NSAs) need to be in charge and responsible for the adoption, assessment and approval of en-route performance plans. The PRB will have to assess and approve national contributions on their formal correctness and will use them in their European reporting and benchmarking activities.Or. enJustification
Amendment 476 #
Proposal for a regulation
Article 13 – paragraph 2
Article 13 – paragraph 2
2. The draft performance plans for en route air navigation services referred to in paragraph 1 shall include relevant information provided by the Network Manager. Before adopting those draft plans, designated air traffic service providers shall consultnational supervisory authorities shall consult air navigation service providers, ANSP staff representatives airspace users’ representatives and, where relevant, military authorities, airport operators and airport coordinators. The designated air traffic service providers shall also submit those plans to the national competent authority responsible for their certification, which shall verify the compliance with Regulation (EU) 2018/1139 and the delegated and implementing acts adopted on the basis thereof.
Amendment 499 #
Proposal for a regulation
Article 13 – paragraph 4
Article 13 – paragraph 4
4. The allocation of costs between en route and terminal air navigation services shall be assessed by the Agency acting as PRBnational supervisory authority on the basis of the methodology referred to in Article 10(3)(k) and the classification of the different services as assessed by the Commission pursuant to Article 12. In order to ensure adequate recognition of local needs, specifications, setups and constraints, the national regulators (NSAs) need to be in charge and responsible for the adoption, assessment and approval of en-route performance plans. The PRB will have to assess and approve national contributions on their formal correctness and will use them in their European reporting and benchmarking activities.Or. enJustification
Amendment 502 #
Proposal for a regulation
Article 13 – paragraph 5
Article 13 – paragraph 5
5. The draft performance plans for en route air navigation services referred to in paragraph 1, including where relevant the allocation of costs between en route and terminal air navigation services, shall be submitted to the Agency acting as PRB for assessment and approval. national supervisory authority for assessment and approval, as well as to the PRB for assessment and approval of formal correctness and European reporting and benchmarking.
Amendment 506 #
Proposal for a regulation
Article 13 – paragraph 6 – introductory part
Article 13 – paragraph 6 – introductory part
6. In the case of a designated air traffic service provider providing both en route air navigation services and terminal air navigation services, the Agency acting asin order to guarantee consistency within the Performance Plans, the national supervisory authority, in coordination with the PRB shall first assess the allocation of costs between the respective services in accordance with paragraph 4.
Amendment 508 #
Proposal for a regulation
Article 13 – paragraph 6 – subparagraph 1
Article 13 – paragraph 6 – subparagraph 1
Where the Agency acting asnational supervisory authority and the PRB finds that the allocation of costs does not comply with the methodology or with the classification referred to in paragraph 4, the designated air traffic service provider concerned shall present a new draft performance plan complying with that methodology and with that classification.
Amendment 510 #
Proposal for a regulation
Article 13 – paragraph 6 – subparagraph 2
Article 13 – paragraph 6 – subparagraph 2
Where the Agency acting asnational supervisory authority and the PRB finds that the allocation of costs complies with that methodology and with that classification, ithe PRB shall take a decision to that effect, notifying the designated air traffic service provider and national supervisory authority concerned. The national supervisory authority shall be bound by the conclusions of that decision in respect of the allocation of costs for the purposes of the assessment of the draft performance plan for terminal air navigation services referred to in Article 14. The national supervisory authority shall ensure compliance to the conclusions of that decision.
Amendment 514 #
Proposal for a regulation
Article 13 – paragraph 7 – introductory part
Article 13 – paragraph 7 – introductory part
7. The Agency acting as PRBPRB shall assess the formal correctness of the implementation of the European regulatory requirements. The national supervisory authority shall assess the performance targets for en route air navigation services and the performance plans according to the criteria and conditions set out in paragraph 3. Where paragraph 6 applies, this assessment shall take place after a decision on the allocation of costs has been taken in accordance with the fourth subparagraph of paragraph 6. Where the PRB finds that the European regulatory requirements are met, it shall approve them. Where the PRB finds that the European regulatory requirements are not met, it shall deny their approval.
Amendment 519 #
Proposal for a regulation
Article 13 – paragraph 7 – subparagraph 1
Article 13 – paragraph 7 – subparagraph 1
Where the Agency acting as PRBnational supervisory authority finds that the draft performance plan meets those criteria and conditions set out in paragraph 3, it shall approve it.
Amendment 524 #
Proposal for a regulation
Article 13 – paragraph 7 – subparagraph 2
Article 13 – paragraph 7 – subparagraph 2
Where the Agency acting as PRBnational supervisory authority finds that one or several performance targets for en route air navigation services are not consistent with the Union-wide performance targets or the performance plan does not meet the additional conditions set out in paragraph 3, it shall deny the approval.
Amendment 530 #
Proposal for a regulation
Article 13 – paragraph 8
Article 13 – paragraph 8
8. Where the Agency acting as PRB has denied approval of a draft performance plannational supervisory authority has denied approval of the correct implementation of European regulatory requirements in accordance with paragraph 7, a revised draft performance plan shall be presented by the designated air traffic service provider concerned, including where necessary revised targets.
Amendment 533 #
Proposal for a regulation
Article 13 – paragraph 9 – introductory part
Article 13 – paragraph 9 – introductory part
9. The Agency acting as PRBPRB shall assess the revised draft performance plan referred to in paragraph 8 in accordance with the criteria and conditions set out in paragraph 3. Where a revised draft performance plan meets those criteria and conditions, the PRB shall approve it. The national supervisory authority shall assess the revised draft performance plan referred to in paragraph 8 in accordance with the criteria and conditions set out in paragraph 3. Where a revised draft performance plan meets those criteria and conditions, the Agency acting as PRBnational supervisory authority shall approve it.
Amendment 535 #
Proposal for a regulation
Article 13 – paragraph 9 – subparagraph 1
Article 13 – paragraph 9 – subparagraph 1
Where a revised draft performance plan does not meet those criteria and conditions, the Agency acting as PRBe European regulatory requirements or those criteria and conditions referred to in paragraph 8, the PRB, in respect of the European regulatory requirements, or the national supervisory authority, in respect of the performance plan assessment, shall deny its approval and shall require the designated air traffic service provider to present a final draft performance plan.
Amendment 539 #
Proposal for a regulation
Article 13 – paragraph 9 – subparagraph 2
Article 13 – paragraph 9 – subparagraph 2
Where the revised draft performance plan submitted in accordance with paragraph 8 is denied because it contains performance targets for en route air navigation services that are not consistent with the Union- wide performance targets, the Agency acting ass denied because of incorrect implementation of European regulatory requirements, the PRB shall establish perconformance targets in consistency with the Union-wide performance targeity with those requirements for the designated air traffic service provider concerned, taking into account the findings made in the decision referred to in paragraph 7. The final draft performance plan to be presented by the designated air traffic service provider concerned shall include the performance targets thus established by the Agency acting as PRB, as well as the measures to achieve those targetsaddress those requirements established by the PRB.
Amendment 544 #
Proposal for a regulation
Article 13 – paragraph 9 – subparagraph 3
Article 13 – paragraph 9 – subparagraph 3
Where approval of the revised draft performance plan submitted in accordance with paragraph 8 is denied only because it does not comply with the condicontains performance targets for en route air navigations set out in rvices that are not consistent withe third subparagraph of paragraph 3, the final draft performance plan to be presented by the designated air traffic service provider concerned shall include the performance targets contained in the draft performance plan and found to be consistent with the Union-wide performance targets by the Agency acting as PRB, and shall containe Union- wide performance targets, national supervisory authority shall establish performance targets in consistency with the Union-wide performance targets for the designated air traffic service provider concerned, taking into account the findings made in the decision referred to in paragraph 7. The final draft performance plan to be presented by the designated air traffic service provider concerned shall include the performance targets thus established by the national supervisory authority, as well as the amendments necessary in view of the conditions the Agency acting as PRB has found not being masures to achieve those targets.
Amendment 548 #
Proposal for a regulation
Article 13 – paragraph 9 – subparagraph 4
Article 13 – paragraph 9 – subparagraph 4
Where approval of the revised draft performance plan submitted in accordance with paragraph 8 is denied only because it contains performance targets for en route air navigation services that are not consistent with the Union-wide performance targets and because, in addition, it does not comply with the conditions set out in the third subparagraph of paragraph 3, the final draft performance plan to be presented by the designated air traffic service provider concerned shall include the performance targets establishcontained byin the Agency acting as PRB in accordance with the third subparagraph and the measures to achieve those targets and shall and shall contain the amendments necessary in view of the conditions the Agency acting as PRB has found not being met. In order to ensure adequate recognition of local needs, specifications, setups and constraints, the national regulators (NSAs) need todraft performance plan and found to be consistent with the Union-wide performance targets by the national supervisory authority and shall contain the amendments necessary in view of the conditions the national supervisory authority has found not be in charge and responsible for the adoption, assessment and approval of en-route performance plans. The PRB will have to assess and approve national contributions on their formal correctness and will use them in their European reporting and benchmarking activities.g met. Or. enJustification
Amendment 554 #
Proposal for a regulation
Article 13 – paragraph 10
Article 13 – paragraph 10
10. Draft performance plans approved by the Agency acting as PRB shall be adopted by the designated air traffic service providersnational supervisory authority concerned as definitive plans, and shall be made publicly available.
Amendment 556 #
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 national performance targets for en route air navigation services for air navigation traffic service providers and making the results of those assessments publicly available. The PRB shall issue regular Europeand of performance targets for en route air navigation services for air traffic service providerverview reports, within the time limits referred to in the implementing acts to be adopted in accordance with Article 18, on the performance of en route air navigation services and network functions, including regular reports of the achievement of the en route Union-wide performance targets and making the results of those assessments publicly available.
Amendment 568 #
Proposal for a regulation
Article 13 – paragraph 11 – subparagraph 1
Article 13 – paragraph 11 – subparagraph 1
The designated air navigation traffic 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 579 #
Proposal for a regulation
Article 14 – paragraph 1 – subparagraph 1
Article 14 – 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 terminal air navigation services in the key performance areas of 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.
Amendment 582 #
Proposal for a regulation
Article 14 – paragraph 2
Article 14 – paragraph 2
2. The draft performance plans for terminal air navigation services referred to in paragraph 1 shall include relevant information provided by the Network Manager. Before adopting those draft plans, designated air traffic service providers shall consult airspace users’ representatives and, where relevant, military authorities, airport operators and airport coordinators. The designated air traffic service providers shall also submit those plans to the national competent authority responsible for their certification, which shall verify the compliance with Regulation (EU) 2018/1139 and the delegated and implementing acts adopted on the basis thereofsupervisory authority.
Amendment 585 #
Proposal for a regulation
Article 14 – paragraph 3 – introductory part
Article 14 – paragraph 3 – introductory part
3. Draft performance plans for terminal air navigation services shall contain performance targets for terminal air navigation services that are consistent with the respective Union-wide performance targets in all key performance areas and fulfil the additional conditions laid down in the third subparagraph.
Amendment 591 #
Proposal for a regulation
Article 14 – paragraph 3 – subparagraph 1 – introductory part
Article 14 – paragraph 3 – subparagraph 1 – introductory part
Amendment 593 #
Proposal for a regulation
Article 14 – paragraph 3 – subparagraph 1 – point a
Article 14 – paragraph 3 – subparagraph 1 – point a
Amendment 596 #
Proposal for a regulation
Article 14 – paragraph 3 – subparagraph 1 – point b
Article 14 – paragraph 3 – subparagraph 1 – point b
(b) provide an evaluation of performance improvements over time, for the reference period covered by the performance plan, and additionally for the overall period comprising both the preceding reference period and the reference period covered by the performance plan, with due consideration of the local circumstances;
Amendment 600 #
Proposal for a regulation
Article 14 – paragraph 3 – subparagraph 1 – point c
Article 14 – paragraph 3 – subparagraph 1 – point c
Amendment 602 #
Proposal for a regulation
Article 14 – paragraph 3 – subparagraph 2 – introductory part
Article 14 – paragraph 3 – subparagraph 2 – introductory part
Amendment 604 #
Proposal for a regulation
Article 14 – paragraph 3 – subparagraph 2 – point a
Article 14 – paragraph 3 – subparagraph 2 – point a
(a) include key assumptions applied as a basis for target setting and measures intended to achieve the targets during the reference period, including baseline values, traffic forecasts and economic assumptions used, must be accurate, adequate and coherent;
Amendment 605 #
Proposal for a regulation
Article 14 – paragraph 3 – subparagraph 2 – point b
Article 14 – paragraph 3 – subparagraph 2 – point b
(b) the draft performance plan must be complete in terms of data and supporting material;
Amendment 608 #
Proposal for a regulation
Article 14 – paragraph 5
Article 14 – paragraph 5
5. In the case of a designated air traffic service provider providing both en route air navigation services and terminal air navigation services, the draft performance plan for terminal air navigation services to be submitted to the national supervisory authority shall be the plan subject to a positive decision on the allocation of costs taken by the Agency acting as PRB in accordance with the third subparagraph of Article 13(6).
Amendment 611 #
Proposal for a regulation
Article 14 – paragraph 6 – introductory part
Article 14 – paragraph 6 – introductory part
6. The national supervisory authority shall assess the performance targets for terminal air navigation services and the performance plans according to the criteria and conditions set out in paragraph 3. Where paragraph 5 applies, the national supervisory authority shall base its assessment on the conclusions of the decision taken by the Agency acting as PRB in respect of the allocation of costs.
Amendment 614 #
Proposal for a regulation
Article 14 – paragraph 6 – subparagraph 2
Article 14 – paragraph 6 – subparagraph 2
Where the national supervisory authority finds that one or several performance targets for terminal air navigation services are not consistent with the Union-wide performance targets or the performance plan does not meet the additional conditions set out in paragraph 3 from (a) to (c), it shall deny the approval.
Amendment 619 #
Proposal for a regulation
Article 14 – paragraph 8 – subparagraph 2
Article 14 – paragraph 8 – subparagraph 2
Where the revised draft performance plan submitted in accordance with paragraph 7 is denied because it contains performance targets for terminal air navigation services that are still not consistent with the Union-wide performance targets,, conditions set out in paragraph 3a, 3b and 3c the national supervisory authority shall establish performance targets in consistency with the Union-wide performance targets for the designated air traffic service provider concerned, taking into account the findings made in the decision referred to in paragraph 6. The final draft performance plan to be presented by the designated air traffic service provider concerned shall include the performance targets thus established by the national supervisory authority as well as the measures to achieve those targets.
Amendment 620 #
Proposal for a regulation
Article 14 – paragraph 8 – subparagraph 3
Article 14 – paragraph 8 – subparagraph 3
Amendment 626 #
Proposal for a regulation
Article 14 – paragraph 8 – subparagraph 4
Article 14 – paragraph 8 – subparagraph 4
Where approval of the revised draft performance plan submitted in accordance with paragraph 7 is denied because it contains performance targets for terminal air navigation services that are not consistent with the Union-wide performance targets and because, in addition, it does not comply with the conditions set out in the third subparagraph of paragraph 3established by the national supervisory authority, the final draft performance plan to be presented by the designated air traffic service provider concerned shall include the performance targets established by the national supervisory authority in accordance with the third subparagraph and the measures to achieve those targets and shall contain the amendments necessary in view of the conditions the national supervisory authority has found not being met.
Amendment 630 #
Proposal for a regulation
Article 14 – paragraph 10 – introductory part
Article 14 – paragraph 10 – introductory part
10. The national supervisory authority concerned shall issue regular reports on the monitoring of performance of terminal air navigation services, including regular assessments of the achievement of the performance targets for terminal air navigation services for air trafficnavigation service providers and making the results of those assessments publicly available.
Amendment 631 #
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 638 #
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 requirement for an air traffic service provider to delegate the provision of the relevant services to another air traffic service providerthe 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 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 642 #
Proposal for a regulation
Article 14 – paragraph 12
Article 14 – paragraph 12
12. Where the Agency acting as PRB carries out the tasks of a national supervisory authority in accordance with Article 3(8), the draft performance plans for terminal air navigation services shall be submitted to the Agency acting as PRB together with the draft performance plans for en route air navigation services. Where the Agency has taken a decision in respect of the allocation of costs as referred to in the third subparagraph of Article 13(6), this decision shall be binding on it for the purposes of the assessment of the draft performance plans for terminal air navigation services.
Amendment 647 #
Proposal for a regulation
Article 15 – title
Article 15 – title
Role of the Agency acting as PRB as regards the monitoring of Union-wide performance targets for terminal air navigation services
Amendment 651 #
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
1. The Agency acting as PRB shall on a regular basis establish a Union-wide overview of the performance of terminal air navigation services and of how it relates to Union- wide performance targets.
Amendment 652 #
Proposal for a regulation
Article 15 – paragraph 2
Article 15 – paragraph 2
2. For the purpose of the preparation of the overview referred to in point 1, the national supervisory authorities shall notify their reports referred to in Article 14(10) to the Agency acting as PRB and shall provide any other information the Agency acting as PRB may request for those purposes.
Amendment 658 #
Proposal for a regulation
Article 16 – paragraph 1 – subparagraph 1
Article 16 – paragraph 1 – subparagraph 1
The draft Network Performance Plan shall be drawn up after the setting of Union- wide performance targets and before the start of the reference period concerned. It shall contain specific performance targets in the key performance areas of the environment, safety, capacity and cost- efficiency.
Amendment 660 #
Proposal for a regulation
Article 16 – paragraph 2 – introductory part
Article 16 – paragraph 2 – introductory part
2. The draft Network Performance Plan shall be submitted to the Agency acting as PRB and to the Commission.
Amendment 661 #
Proposal for a regulation
Article 16 – paragraph 2 – subparagraph 1 – introductory part
Article 16 – paragraph 2 – subparagraph 1 – introductory part
The Agency acting as PRB shall, upon request from the Commission, deliver an opinion to the Commission on the draft Network Performance Plan based on the following essential criteria:
Amendment 668 #
Proposal for a regulation
Article 17 – paragraph 4
Article 17 – paragraph 4
4. The Agency acting as PRB as regards en route air navigation services, or the national supervisory authority concerned as regards terminal air navigation services, shall authorise the designated air traffic service provider concerned to proceed with the intended revision only if it is necessary and proportionate, and where the revised performance targets ensure that consistency with the Union-wide performance targets is maintained. Where the revision has been authorised, designated air traffic service providers shall adopt new draft performance plans, in accordance with the procedures set out in Articles 13 and 14.
Amendment 672 #
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
For the implementation of the performance scheme, the Commission shall adopt detailed requirements and procedures in respect of Articles 10(2), 10(3), 11, 12, 13, 14, 15, 16 as well as 17, in particular as regards the development of draft performance plans, the setting of performance targets, the criteria and conditions for their assessment, the methodology for allocation of costs between en route and terminal air navigation services, the monitoring of performance and issuance of corrective measures, and the timetables for all procedures. Those requirements and procedures shall be set out in an implementing act adopted in accordance with the advisoryexamination procedure referred to in Article 37(23). The performance scheme has significant impact on ATS provision in the Member States. The detailed design and implementation of the performance and charging scheme requires careful consideration and explicit approval by Member States due to the fundamental impact their Chicago Convention obligations to provide ANS. The implementing act should therefore be adopted under examination procedure, not advisory procedure. Correspondingly, Art. 37(2) should be amended to refer to Article 5 of the Regulation 182/2011 instead of Article 4).Or. enJustification
Amendment 677 #
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 trafficnavigation services covered in this Article through public funds, charges for air navigation services shall be determined, imposed and enforced on airspace users.
Amendment 680 #
Proposal for a regulation
Article 19 – paragraph 2
Article 19 – paragraph 2
2. Charges shall be based on the costs of air traffic service providers in respectcurred either directly or indirectly in relation to the provision of services and functions delivered forto the benefit of airspace users over fixed reference periods as defined in Article 10(2). Those costs may include a reasonable return on assets to contribute towards necessary capital improvements.
Amendment 682 #
Proposal for a regulation
Article 19 – paragraph 3
Article 19 – paragraph 3
3. Charges shall 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 shall stimulate integrated service provision, whilst reducing the environmental impact of aviation. It is unclear how the Charging Scheme would stimulate integrated service provision or effectively reduce the environmental impact of aviation. This article should be reconsidered and duplication avoided to foster simplification and clarity of the text.. Or. enJustification
Amendment 686 #
Proposal for a regulation
Article 19 – paragraph 5
Article 19 – paragraph 5
5. Revenues from charges imposed on airspace users in accordance with this Article shall not be used to finance air navigation services which are provided under market conditions in accordance with Article 8.
Amendment 687 #
Proposal for a regulation
Article 19 – paragraph 6
Article 19 – paragraph 6
6. Financial data on determined costs, actual costs and revenues of designated air traffic service providers shall be reported to national supervisory authorities and the Agency acting as PRB and, when en-route services are concerned, to the PRB. Without prejudice to protection of confidential or sensitive data, including data on services provided under market conditions, this information on costs shall be made publicly available.
Amendment 693 #
Proposal for a regulation
Article 20 – paragraph 3 – point a
Article 20 – paragraph 3 – point a
(a) costs incurred by the air traffic service providers for fees and charges paid to the Agency acting as, charges and annual contributions paid to the PRB;
Amendment 697 #
Proposal for a regulation
Article 20 – paragraph 3 – point c a (new)
Article 20 – paragraph 3 – point c a (new)
(ca) costs of Eurocontrol, unless other financial resources are used by Member States to cover these costs
Amendment 698 #
Proposal for a regulation
Article 20 – paragraph 3 – point c b (new)
Article 20 – paragraph 3 – point c b (new)
Amendment 703 #
Proposal for a regulation
Article 20 – paragraph 6
Article 20 – paragraph 6
6. Designated air traffic service providers shall provide details of their cost base to the Agency acting as PRB, the national supervisory authorities, and the Commission and, when en-route services are concerned, to the PRB. To this end, costs shall be broken down in line with the separation of accounts referred to in Article 25(3), and by distinguishing staff costs, operating costs other than staff costs, depreciation costs, cost of capital, costs incurred for fees and charges paid to the Agency acting as PRBreferred to in Article 20(3), and exceptional costs.
Amendment 712 #
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 theyMember States in line with the EUROCONTROL Multilateral Agreement relating to Route Charges and in complyiance 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 investigIn order to assess the impact on the traffic forecast of each original charging zones and the impact on the total number of service units, an ex-ante impact assessment shall be conducted prior to the concept of a common unit rate being adopted into the Framework Regulation. Consultation with stakeholders shall also occur before draft Implementing Regulation, and provide an opinion to the Commission in accordance with Article 24(2), and the Commission may take action in accordance withdopted in accordance with the examination procedure referred to in Article 2437(3), is presented to Member States.
Amendment 716 #
Proposal for a regulation
Article 21 – paragraph 2 – subparagraph 1
Article 21 – paragraph 2 – subparagraph 1
Amendment 724 #
Proposal for a regulation
Article 22 – paragraph 2
Article 22 – paragraph 2
2. The charge for en route air navigation services for a given flight in a given en route charging zone shall be calculated on the basis of the unit rate established for that en route charging zone and the en route service units for that flight. The charge shall be made out of one or more variable components, each based on objective factors.
Amendment 729 #
Proposal for a regulation
Article 22 – paragraph 3
Article 22 – paragraph 3
3. The charge for terminal air navigation services for a given flight in a given terminal charging zone shall be calculated on the basis of the unit rate established for that terminal charging zone and the terminal service units for that flight. For the purpose of calculating the charge for terminal air navigation services, the approach and departure of a flight shall count as a single flight. The charge shall be made out of one or more variable components, each based on objective factors.
Amendment 735 #
Proposal for a regulation
Article 22 – paragraph 5
Article 22 – paragraph 5
5. CFollowing consultation with stakeholders, charges shallmay be modulated to encourage air navigation service providers, airports and airspace users to support improvements in environmental performance, or service quality such as increased use of sustainable alternative fuels, increased capacity, reduced delays and sustainable development, while maintaining an optimum safety level, in particular for implementing the European ATM Master Plan. The modulation shall consist of financial advantages or disadvantages and shall be preceded by an analysis confirming how revenue neutrality for air traffic service providers will be ensured.
Amendment 743 #
Proposal for a regulation
Article 23 – paragraph 1
Article 23 – paragraph 1
For the implementation of the charging scheme, the Commission shall adopt detailed requirements and procedures in respect of Articles 19, 20, 21 and 22 in particular regarding the cost bases and determined costs, the setting of unit rates, the incentives schemes and risk sharing mechanisms and the modulation of charges. Those requirements and procedures shall be set out in an implementing act adopted in accordance with the examination advisory procedure referred to in Article 37(23).
Amendment 748 #
Proposal for a regulation
Article 24 – paragraph 1
Article 24 – paragraph 1
1. The Commission shall regularlyWithout prejudice to the tasks of the national supervisory authorities and the PRB Commission shall provide for ongoing review theof 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 the Agency acting as PRB and with national supervisory authorities. 7Or. en
Amendment 757 #
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, 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. Results of the investigation may be subject to appeal.
Amendment 762 #
Proposal for a regulation
Article 25 – paragraph 2
Article 25 – paragraph 2
2. National supervisory authorities and the Agency acting as PRB shall have the right to access the accounts of the air navigation service providers under their supervision. Access to these accounts shall be granted to the PRB in cases where demonstrably necessary for carrying out its tasks, subject to prior consent from the national supervisory authority concerned. Member States may decide to grant access to these accounts to other supervisory authorities.
Amendment 765 #
Proposal for a regulation
Article 25 – paragraph 3 – introductory part
Article 25 – paragraph 3 – introductory part
3. AWithout prejudice to Article 46(2), air navigation service providers shall , in their internal accounting, keep separate accounts for each air navigation service as they would be required to do if these services were carried out by separate undertakings with a view to avoiding discrimination, cross-subsidisation in accordance with article 20(5) and distortion of competition. An air navigation service provider shall also keep separate accounts for each activity where:
Amendment 770 #
Proposal for a regulation
Article 25 – paragraph 3 – subparagraph 1
Article 25 – paragraph 3 – subparagraph 1
Amendment 774 #
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. The conclusions of the audit shall be made publicly available. reported by the national supervisory authority to the air navigation service provider, the Member State concerned and – where en route services are concerned – to the PRB.
Amendment 781 #
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 , be aimed at supporting initiatives at national level and, where relevant, at the multinational level and shall be executed in a manner which respects the separation of regulatory and operational tasks.
Amendment 785 #
Proposal for a regulation
Article 26 – paragraph 2
Article 26 – paragraph 2
Amendment 797 #
Proposal for a regulation
Article 26 – paragraph 3 – point a
Article 26 – paragraph 3 – point a
(a) facilitation and optimisation of airspace design and airspace structures for the network and facilitation of delegation of air traffic services provision through co- operation with the air traffic service providers and Member State authorities;
Amendment 801 #
Proposal for a regulation
Article 26 – paragraph 3 – point b
Article 26 – paragraph 3 – point b
(b) managementfacilitation of the delivery of air traffic control capacity in the network as set out in the binding Network Operations Plan (NOP);
Amendment 807 #
Proposal for a regulation
Article 26 – paragraph 3 – point e
Article 26 – paragraph 3 – point e
(e) the contribution to the management of the planning, monitoring and coordination of implementation activities of the deployment of infrastructure in the European ATM network, in accordance with the European ATM Master Plan, taking into account operational needs and associated operational procedures through a partnership led by operational stakeholders;
Amendment 811 #
Proposal for a regulation
Article 26 – paragraph 3 – point f a (new)
Article 26 – paragraph 3 – point f a (new)
(fa) the coordination of scarce resources within aviation frequency bands used by general air traffic, in particular radio frequencies as well as coordination of radar transponder codes.
Amendment 819 #
Proposal for a regulation
Article 26 – paragraph 5
Article 26 – paragraph 5
5. The Commission shall be empowered to adopt delegated acts in accordance with Article 36 to amend this Regulation in order to add functions to the ones listed in paragraphs 2 and 3, where necessary for the functioning and performance of the network. The basic pillars of the Network Functions should be determined by primary legislation, the details should bBy way of implementing acts adopted in accordance with the examination procedure referred to in Article 37(3), the Commission shall establish detailed rules for the execution of the network functions, clearly defining the responsibilities of all the operational stakeholders involved, the btasedks onf the existing Network Function Implementing Regulation and changes to it should be elaborated in the same process as foreseen for Article 27.Network Manager, governance mechanisms including decision-making processes and crisis management. Or. enJustification
Amendment 822 #
Proposal for a regulation
Article 27 – paragraph 1
Article 27 – paragraph 1
1. In order to achieve the objectives referred to in Article 26, the Commission, supported by the Agency where relevant, shall ensure that the Network Manager contributes to the execution of the network functions set out in Article 26, by carrying out the tasks referred to in paragraph 4 . The execution of Network Manager tasks shall be measured by clear specification of the required services and performance, including appropriate agreements, such as Service Level Agreements between the European Commission and the Network Manager and between the operational stakeholders and the Network Manager regarding tasks and quality of service and conditions.
Amendment 830 #
Proposal for a regulation
Article 27 – paragraph 3
Article 27 – paragraph 3
3. The tasks of the Network Manager shall be executed in an independent, impartial and cost efficient manner . They shall be subject to appropriate governance, which shall recognise separate accountabilities for the service provision from any other activities performed by the entity appointed as Network Manager and regulation where the competent body designated as the Network Manager also has regulatory functions. In the execution of its tasks, the Network Manager shall take into consideration the needs of the whole ATM network and shall fully involve the airspace users, air navigation service providers , aerodrome operators and the military. The Network Manager shall take decisions in a Network Management Board that includes all stakeholders that contribute to the Network Operations Plan through the appropriate CDM processes.
Amendment 835 #
Proposal for a regulation
Article 27 – paragraph 4
Article 27 – paragraph 4
4. The Network Manager shall contribute to the execution of the network functions through support measures aimed at safe and efficient planning and operations of the operational stakeholders within the network under normal and crisis conditions and through measures aimed at the continuous improvement of network operations in the Single European Sky and the overall performance of the network, especially regarding the implementation of the performance scheme. The action taken by the Network Manager shall take account of the need to fully integrate the airports in the network.
Amendment 841 #
Proposal for a regulation
Article 27 – paragraph 5
Article 27 – paragraph 5
5. The Network Manager shall cooperate closely with the Agency acting as PRB in order to ensure that the performance targets referred to in Article 10 are adequately reflected in the capacity to be delivered by individual air navigation service providers and agreed between the Network Manager and those air navigation service providers in the Network Operations Plan.
Amendment 845 #
Proposal for a regulation
Article 27 – paragraph 6 – point a
Article 27 – paragraph 6 – point a
(a) decide on individualpropose in coordination with the operational stakeholders 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 851 #
Proposal for a regulation
Article 27 – paragraph 6 – point b
Article 27 – paragraph 6 – point b
(b) advise, within the framework of the cooperation with operational stakeholders, the Commission and provide relevant information to the Agency acting as PRB on the deployment of the ATM network infrastructure in accordance with the European ATM Master Plan, in particular to identify investments necessary for the network.
Amendment 861 #
Proposal for a regulation
Article 29 – paragraph 1
Article 29 – paragraph 1
The air traffic service providers shall establish consultation mechanisms to consult the relevant airspace users and aerodrome operators on all major issues related to services provided, including relevant changes to airspace configurations, or strategic investments which have a relevant impact on air traffic management and air navigation service provision and/or charges. The airspace users shall also be involved in the process of approving strategic investment plans. The Commission shall adopt measures detailing the modalities of the consultation and of the involvement of airspace users in approving investment plans. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 37 (3).
Amendment 907 #
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 consultation mechanisms for appropriate consultation of stakeholders for the exercise of their tasks iWithout prejudice to the role of the Sectoral Dialogue Committee and of Eurocontrol, the Commission shall establish an ‘industry consultation body’, to which air navigation service providers, associations of airspace users and airport operators shall belong to and in which the manufacturing industry and professional staff representative bodies shall participate as observers. The role of this body shall solely be to advise the Commission on the implementation of this Regulation. e single European sky.
Amendment 918 #
Proposal for a regulation
Article 41 – paragraph 2
Article 41 – paragraph 2
2. Paragraph 1 shall be without prejudice to the right of disclosure by national supervisory authorities , the Commission or the Agency acting as PRB where this is essential for the fulfilment of their duties, in which case such disclosure shall be proportionate and shall have regard to the legitimate interests of air navigation service providers, airspace users, airports or other relevant stakeholders in the protection of their commercially sensitive information .