46 Amendments of Herbert REUL related to 2015/0277(COD)
Amendment 274 #
Proposal for a regulation
Recital 13
Recital 13
(13) The essential requirements concerning environmental compatibility of the designvelopment of aeronautical products should address both aircraft noise as well as emissions, and allow the Union to set detailed technical standards which are necessary to protect the environment and human health from harmful effects of aviation operations. Those requirements should be based onin compliance with the standards and recommended practices set by the Chicago Convention.
Amendment 276 #
Proposal for a regulation
Recital 14
Recital 14
Amendment 305 #
Proposal for a regulation
Recital 33
Recital 33
(33) Under the institutional system of the Union, implementation of Union law is primarily the responsibility of the Member States. Certification, oversight and enforcement tasks required by this Regulation, and by the delegated and implementing acts adopted on the basis thereof, should therefore in principle be carried out at national level by one or more competent authorities of the Member States. In certain clearly defined cases, however, the Agency should also be empowered to conduct those tasks as specified in this Regulation. In thosewell-defined cases the Agency should also be allowed to take the necessary measures related to the operation of aircraft, the qualification of aircrew or the use of third-country aircraft, where this is the best means to ensure uniformity and facilitate the functioning of the internal market.
Amendment 317 #
Proposal for a regulation
Recital 40
Recital 40
(40) Having regard to the existing interdependencies between safety and security in civil aviation, the Agency should take part in the cooperation concerning the area of aviation security, including cyber-security. It should contribute its expertise to the implementation, by the Commission and by Member States, of Union rules in that area.
Amendment 332 #
Proposal for a regulation
Recital 53
Recital 53
(53) In order to guarantee the full autonomy and independence of the Agency, it should be granted an autonomous budget principally funded from a contribution from the Union and from fees and charges paid by the users of the European aviation safety system. Any financial contribution received by the Agency from Member States, third countries, or other entities or persons should not compromise its independence and impartiality. The Union budgetary procedure should be applicable as far as the Union contribution and any other subsidies chargeable to the general budget of the European Union are concerned, while the auditing of accounts should be carried out by the Court of Auditors. In order to enable the Agency to participate in all relevant future projects, it should be provided with the possibility to receive grants. The revenue of the Agency should include charges paid in accordance with Regulation (EU) No XXXX/XXXX on the implementation of the Single European Sky, so as to reflect the 'user pays' principle.
Amendment 379 #
Proposal for a regulation
Article 2 – paragraph 1 – point d
Article 2 – paragraph 1 – point d
(d) the design, production, maintenance and operation of aerodrome equipment used or intended for use at the aerodromes referred to in point (e) and the provision of ground handling services and apron management services at those aerodromesprovision of apron management services used or intended for use at the aerodromes referred to in (e) ;
Amendment 400 #
Proposal for a regulation
Article 3 – paragraph 1 – point 22
Article 3 – paragraph 1 – point 22
Amendment 404 #
Proposal for a regulation
Article 3 – paragraph 1 – point 23
Article 3 – paragraph 1 – point 23
(23) ‘commercial air transport’ (CAT) means an aircraft operation to transport passengers, cargo or mail for remuneration or other valuable consideration between two different aerodromes; whereas CAT A means transportation in regular scheduled services and/or Mass transport CAT N means transportation in non- regular, non-scheduled, non-mass transport: (SME)
Amendment 439 #
Proposal for a regulation
Article 4 – paragraph 2 – point e a (new)
Article 4 – paragraph 2 – point e a (new)
(ea) ensuring the distinction between regulatory tasks and service activities;
Amendment 467 #
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
The designvelopment of a product shall be subject to certification and shall be issued with a type certificate. Changes to that type certificate shall also be subject to certification and shall be issued with a certificate of changes, including supplemental type certificates. Repair designs shall be subject to certification and shall be issued with an approval.
Amendment 468 #
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
That type certificate, that certificate of changes and that approval of repair designs shall be issued upon application when the applicant has demonstrated that the designvelopment of the product complies with the type- certification basis established in accordance with the delegated act referred to in Article 18(1)(a)(i) and that the design of the product has no feature or characteristic making it environmentally incompatible or unsafe forit can be safely operationed.
Amendment 469 #
Proposal for a regulation
Article 11 – paragraph 3
Article 11 – paragraph 3
That type certificate, that certificate of changes and that approval of repair design may be also issued without such application, by an organisation approved in accordance with Article 15 which has been granted the privilege to issue those certificates or approvals in accordance with the delegated act referred to in Article 18(1)(k), when that organisation has determined that the designvelopment of the product complies with the conditions established in the second subparagraph.
Amendment 470 #
Proposal for a regulation
Article 11 – paragraph 4
Article 11 – paragraph 4
No separate type certificate shall be required for the designvelopment of engines and propellers that have been certified as part of the designvelopment of an aircraft in accordance with this Article.
Amendment 537 #
Proposal for a regulation
Article 29 – paragraph 1
Article 29 – paragraph 1
Aerodromes, aerodrome equipment, the operation of aerodromes and the provision of ground handling services and apron management services at aerodromes shall comply with the essential requirements set out in Annex VII; and, if applicable, Annex VIII. ; it is not the purpose or objective of the essential requirements to alter the division of responsibilities in Member States; in the event of the incorrect implementation of the measures by third parties they shall have no effect on the liability of the airport operator; whose responsibilities are set out in the operator certificate issued by the competent authority;
Amendment 547 #
Proposal for a regulation
Article 31
Article 31
Amendment 570 #
Proposal for a regulation
Article 32 – paragraph 2
Article 32 – paragraph 2
2. Organisations responsible for the provision of ground handling services and apron management services at aerodromes subject to this Regulation shall declare their capability and the availability of the means to discharge the responsibilities associated with the services provided in compliance with the essential requirements referred to in Article 29.
Amendment 575 #
Proposal for a regulation
Article 34 – paragraph 1 – introductory part
Article 34 – paragraph 1 – introductory part
Amendment 578 #
Proposal for a regulation
Article 34 – paragraph 1 – point h
Article 34 – paragraph 1 – point h
(h) the conditions and procedures for the declaration by organisations providing ground handling services and by organisations providing apron management services in accordance with Article 32(2);
Amendment 579 #
Proposal for a regulation
Article 34 – paragraph 1 – point i
Article 34 – paragraph 1 – point i
(i) the privileges and responsibilities of the organisations providing ground handling services and by organisations providing apron management services which have made declarations in accordance with Article 32(2);
Amendment 585 #
Proposal for a regulation
Article 34 – paragraph 2
Article 34 – paragraph 2
2. As regards aerodromes, aerodrome equipment, the operation of aerodromes, and ground handling and apron management services the Commission shall be empowered, by means of delegated acts adopted in accordance with Article 117, to amend or supplement Annex VII and, if applicable, Annex VIII, where necessary for reasons of technical, operational or scientific developments or safety evidence related to the aerodromes, in order and to the extent required to achieve the objectives laid down in Article 1.
Amendment 588 #
Proposal for a regulation
Article 37
Article 37
Amendment 596 #
Proposal for a regulation
Article 38 – paragraph 1
Article 38 – paragraph 1
1. Where the delegated acts adopted pursuant to Article 39 so provide, the providers of ATM/ANS referred to in Article 36 shall be required to declare that the ATM/ANS systems and constituents upon which safety or interoperability is dependent and which are to be put into operation by those service providers comply with the detailed specifications established by the delegated acts adopted pursuant to Article 39 to ensure compliance with the essential requirements referred to in Article 35.
Amendment 598 #
Proposal for a regulation
Article 38 – paragraph 2 – subparagraph 1
Article 38 – paragraph 2 – subparagraph 1
Where the delegated acts adopted pursuant to Article 39 so provide, ATM/ANS systems and constituents, upon which safety or interoperability is dependent, shall be subject to certification and shall be issued with a certificate.
Amendment 599 #
Proposal for a regulation
Article 38 – paragraph 2 – subparagraph 3
Article 38 – paragraph 2 – subparagraph 3
Amendment 670 #
Proposal for a regulation
Article 51 – paragraph 6
Article 51 – paragraph 6
6. In order to facilitate the exercise of their tasks related to certification, oversight and enforcement, the Commission, the Agency and, national competent authorities and, where appropriate, Eurocontrol, shall exchange information, including on possible or identified infringements.
Amendment 686 #
Proposal for a regulation
Article 53 – title
Article 53 – title
Amendment 687 #
Proposal for a regulation
Article 53 – paragraph 1
Article 53 – paragraph 1
Amendment 693 #
Proposal for a regulation
Article 53 – paragraph 2 – subparagraph 3
Article 53 – paragraph 2 – subparagraph 3
In relation to the exercise of that responsibility, the provisions of Chapters II and IV and Articles 120 and 121, as well as the applicable provisions of the national law of the Member State to which the responsibility is transferred shall apply.
Amendment 699 #
Proposal for a regulation
Article 53 – paragraph 3
Article 53 – paragraph 3
3. The Agency or aA Member State, as applicable, shall only agree to the transfer of responsibilities referred to in paragraphs 1 or 2 when it is satisfied that it can effectively exercise the transferred responsibility in compliance with this Regulation and the delegated and implementing acts adopted on the basis thereof.
Amendment 704 #
Proposal for a regulation
Article 53 – paragraph 4 – subparagraph 1
Article 53 – paragraph 4 – subparagraph 1
When a Member State intends to transfer certain responsibilities in accordance with paragraphs 1 or 2, it shall establish jointly with the Agency or with the other Member State, as applicable, a transition plan that ensures an orderly transfer of those responsibilities. The legal and natural persons concerned by the transfer and, in case of a transfer referred to in paragraph 2, the Agency shall be consulted on that transition plan before it is finalised.
Amendment 707 #
Proposal for a regulation
Article 53 – paragraph 4 – subparagraph 2
Article 53 – paragraph 4 – subparagraph 2
The Agency and the Member State or Member States concerned, as applicable, shall ensure that the transfer of the responsibilities is carried out in accordance with the transition plan.
Amendment 709 #
Proposal for a regulation
Article 53 – paragraph 5 – subparagraph 1
Article 53 – paragraph 5 – subparagraph 1
Amendment 712 #
Proposal for a regulation
Article 53 – paragraph 6
Article 53 – paragraph 6
6. This Article shall be without prejudice to the rights and obligations of the Member States under the Chicago Convention. When a Member State transfers responsibilities in accordance with this Article which are attributed to it by the Chicago Convention, it shall notify the ICAO about the fact that the Agency or another Member State acts as its authorised representative for the fulfilment of its obligations under the Chicago Convention.
Amendment 739 #
Proposal for a regulation
Article 55 – title
Article 55 – title
Amendment 741 #
Proposal for a regulation
Article 55 – paragraph 1 – introductory part
Article 55 – paragraph 1 – introductory part
1. The Agency shall recommend to a Member State the transfer of responsibilitiesestablishment of a compulsory emergency assistance mechanism in accordance with Article 53, where all of the following conditions have been met:
Amendment 744 #
Proposal for a regulation
Article 55 – paragraph 2
Article 55 – paragraph 2
2. Where the Member State concerned did not either give effect to the Agency's recommendation or remedy the deficiencies within 3 months from the date of that recommendation, the Commission may decide, when it considers that the conditions of paragraph 1 are met, that the responsibility for the certification, oversight and enforcement tasks concerned shall be temporarily transferred to supported by the European Flight Inspector in conjunction withe Agencyrticle 52(1). That decision shall be taken by means of implementing acts adopted in accordance with the advisory procedure referred to in Article 116(2). On duly justified imperative grounds of urgency relating to aviation safety, the Commission shall adopt immediately applicable implementing acts in accordance with the procedure referred to in Article 116(4).
Amendment 746 #
Proposal for a regulation
Article 55 – paragraph 3
Article 55 – paragraph 3
3. From the date at which the implementing decision referred to in paragraph 2 takes effect, the Agency shall assess on a regular basis whether the condition of paragraph 1(c) continues to be met. Where it considers that that condition is no longer met, it shall issue a recommendation to the Commission to terminate the temporary transfer ofcompulsory support for responsibilities.
Amendment 747 #
Proposal for a regulation
Article 55 – paragraph 4 – subparagraph 1
Article 55 – paragraph 4 – subparagraph 1
When the Commission considers, taking into account that recommendation, that the condition of paragraph 1(c) is no longer met, the Commission shall decide that the temporary transfer ofcompulsory support for responsibilities to the Agency shall be terminated.
Amendment 748 #
Proposal for a regulation
Article 55 – paragraph 5
Article 55 – paragraph 5
Amendment 750 #
Proposal for a regulation
Article 55 – paragraph 6
Article 55 – paragraph 6
Amendment 802 #
Proposal for a regulation
Article 65 – paragraph 6
Article 65 – paragraph 6
Amendment 847 #
Proposal for a regulation
Article 75 – paragraph 1
Article 75 – paragraph 1
1. The measures taken by the Agency as regards emissions and noise, for the purpose of the certification of the designvelopment of products in accordance with Article 11, shall aim at preventing significant harmful effects on the environment and human health caused by the civil aviation activities concerned, with due regard for environmental benefits, technical feasibility, economic capacities and possible interactions and distortions of competition with regulations and measures already adopted by ICAO.
Amendment 853 #
Proposal for a regulation
Article 75 – paragraph 2
Article 75 – paragraph 2
2. The Member States, the Commission, the Agency and other Union institutions, bodies, offices and agencies shall, within their respective fields of competence, cooperate on environmental matters, including those addressed in Regulation (EC) No 1907/2006 of the European Parliament and of the Council21, with a view to ensuring that interdependencies between environmental protection, human health and other technical domains of civil aviation are taken into account, with due regard for environmental benefits, technical feasibility, economic capacities and possible interactions and distortions of competition with regulations and measures already adopted by ICAO. In accordance with the principles of subsidiarity and proportionality, account shall be taken of any specific circumstances in the individual Member States. __________________ 21 Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency, amending Directive 1999/45/EC and repealing Council Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94 as well as Council Directive 76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC (OJ L 396, 30.12.2006, p. 1).
Amendment 858 #
Proposal for a regulation
Article 75 – paragraph 3
Article 75 – paragraph 3
3. The Agency shall assist the Commission with the definition and coordination of civil aviation environmental protection policies and actions, in particular by conducting studies, simulations and providing technical advice in areas in which there are interdependencies between environmental protection, health and other technical aspects of civil aviation.
Amendment 861 #
Proposal for a regulation
Article 75 – paragraph 4
Article 75 – paragraph 4
Amendment 963 #
Proposal for a regulation
Article 109 – paragraph 1 – point f
Article 109 – paragraph 1 – point f