46 Amendments of Marian-Jean MARINESCU related to 2013/0187(COD)
Amendment 32 #
Proposal for a regulation
Article 1 – point 2 – point a a (new)
Article 1 – point 2 – point a a (new)
Regulation (EC) No 216/2008
Article 2 – paragraph 3 – point b
Article 2 – paragraph 3 – point b
(aa) In paragraph 3, point b is amended as follows: '(b) the mutual recognition by Member States, without additional requirements, of certificates, licences, approvals or other documents granted by the Agency and national aviation authorities to products, personnel and organisations in accordance with this Regulation and its implementing rules;' lex.europa.eu/LexUriServ/LexUriServ.do?uri=CONSLEG:2008R0216:20130129:EN:HTMLOr. en http://eur-
Amendment 34 #
Proposal for a regulation
Article 1 – point 3 – point b
Article 1 – point 3 – point b
Regulation (EC) No 216/2008
Article 3 – point d a
Article 3 – point d a
Amendment 35 #
Proposal for a regulation
Article 1 – point 3 – point f
Article 1 – point 3 – point f
Regulation (EC) No 216/2008
Article 3 – point t
Article 3 – point t
Amendment 36 #
Proposal for a regulation
Article 1 – point 3 – point f
Article 1 – point 3 – point f
Regulation (EC) No 216/2008
Article 3 – point u
Article 3 – point u
(u) "‘ATM Master Plan” shall' means the plan endorsed by Council Decision 2009/320/EC14*, in accordance with Article 1(2) of Council Regulation (EC) No 219/200715. __________________ 14 15 of 27 February 2007 on the establishment of a Joint Undertaking to develop the new generation European air traffic management system (SESAR)**; __________________ * OJ L 95, 9.4.2009, p. 41. OJ L 95, 9.4.2009, p. 41. ** OJ L 64, 2.3.2007, p. 1. OJ L 64, 2.3.2007, p. 1.’
Amendment 37 #
Proposal for a regulation
Article 1 – point 3 – point f a (new)
Article 1 – point 3 – point f a (new)
Regulation (EC) No 216/2008
Article 3 – point u a (new)
Article 3 – point u a (new)
(fa) the following point (ua) is added: "(ua) 'national aviation authority' means a national body entrusted by a Member State and accredited by the Agency with the tasks in accordance with this Regulation (EC) No [Pb please insert No of the recast SES Regulation] and this Regulation"
Amendment 38 #
Proposal for a regulation
Article 1 – point 3 – point f b (new)
Article 1 – point 3 – point f b (new)
Regulation (EC) No 216/2008
Article 3 – point u b (new)
Article 3 – point u b (new)
(fb) the following point (ub) is added: "(ub) 'accreditation' means the qualification process of a national aviation authority or qualified entity for the provision of tasks in accordance with this Regulation and Regulation (EC) No (Pb please insert the No of the recast SES Regulation)"
Amendment 39 #
Proposal for a regulation
Article 1 – point 4 – point - a (new)
Article 1 – point 4 – point - a (new)
Regulation (EC) No 216/2008
Article 4 – paragraph 1 – point a
Article 4 – paragraph 1 – point a
(-a) In paragraph 1, point a is amended as follows: '(a) designed or manufactured by an organisation for which the Agency or a Member Statenational aviation authority ensures safety oversight; or' lex.europa.eu/LexUriServ/LexUriServ.do?uri=CONSLEG:2008R0216:20130129:EN:HTML)Or. en (http://eur-
Amendment 45 #
Proposal for a regulation
Article 1 – point 9 – point -1 a (new)
Article 1 – point 9 – point -1 a (new)
Regulation (EC) No 216/2008
Article 8 a – paragraph 2 – point a
Article 8 a – paragraph 2 – point a
'(a) a certificate shall be required in respect of each aerodrome. The certificate and certification of changes to that certificate shall be issued by the Agency and national aviation authorities when the applicant has shown that the aerodrome complies with the aerodrome certification basis set out in point' lex.europa.eu/LexUriServ/LexUriServ.do?uri=CONSLEG:2008R0216:20130129:EN:HTML)Or. en (http://eur-
Amendment 46 #
Proposal for a regulation
Article 1 – point 13 – point - a (new)
Article 1 – point 13 – point - a (new)
Regulation (EC) No 216/2008
Article 10 – paragraph 1
Article 10 – paragraph 1
Amendment 47 #
Proposal for a regulation
Article 1 – point 13 – point a a (new)
Article 1 – point 13 – point a a (new)
Regulation (EC) No 216/2008
Article 10 – paragraph 4
Article 10 – paragraph 4
'4. In order to facilitate the taking of appropriate enforcement action by competent authorities, the Commission and, the Agency and the national aviation authorities shall exchange information on identified infringements.' lex.europa.eu/LexUriServ/LexUriServ.do?uri=CONSLEG:2008R0216:20130129:EN:HTML)Or. en (http://eur-
Amendment 48 #
Proposal for a regulation
Article 1 – point 13 – point -1 b
Article 1 – point 13 – point -1 b
Regulation (EC) No 216/2008
Article 10 – paragraph 2
Article 10 – paragraph 2
2. For the purposes of the implementation of paragraph 1, Member States shall, in addition to their oversight of certificates that they have issued, or declarations that they have received, conduct investigations, including ramp inspections, and shall take any measure, including the grounding of aircraft, to prevent the continuation of an infringement. the Agency and the national aviation authorities shall:
Amendment 49 #
Proposal for a regulation
Article 1 – point 13 – point a a (new)
Article 1 – point 13 – point a a (new)
Regulation (EC) No 216/2008
Article 10 – paragraph 2 – point a (new)
Article 10 – paragraph 2 – point a (new)
2a. conduct investigations, including ramp inspections, and take any measure, including the grounding of aircraft, to prevent the continuation of an infringement.
Amendment 50 #
Proposal for a regulation
Article 1 – point 13 – point a b (new)
Article 1 – point 13 – point a b (new)
Regulation (EC) No 2016/2008
Article 10 – paragraph 2 – point b (new)
Article 10 – paragraph 2 – point b (new)
2b. drawing up performance plans and monitor their implementation in accordance with Article 11 of (insert nr of the SES 2+ Regulation)
Amendment 51 #
Proposal for a regulation
Article 1 – point 13 – point a c (new)
Article 1 – point 13 – point a c (new)
Regulation (EC) No 216/2008
Article 10 – paragraph 2 – point c (new)
Article 10 – paragraph 2 – point c (new)
2c. monitor the implementation of the charging scheme in accordance with Articles 12 and 13 of the (insert nr of the SES 2+ Regulation)
Amendment 52 #
Proposal for a regulation
Article 1 – point 13 – point a d (new)
Article 1 – point 13 – point a d (new)
Regulation (EC) No 216/2008
Article 10 – paragraph 2 – point d (new)
Article 10 – paragraph 2 – point d (new)
2d. approving the conditions of access to operational data in accordance with Article 22 of the (insert nr of the SES 2+ Regulation)
Amendment 53 #
Proposal for a regulation
Article 1 – point 13 – point a e (new)
Article 1 – point 13 – point a e (new)
Regulation (EC) No 216/2008
Article 10 – paragraph 2 – point e (new)
Article 10 – paragraph 2 – point e (new)
2e. supervising declarations and the putting into service of systems.
Amendment 55 #
Proposal for a regulation
Article 1 – point 14 – point a
Article 1 – point 14 – point a
Regulation (EC) No 216/2008
Article 11
Article 11
Amendment 56 #
Proposal for a regulation
Article 1 – point 15 – subparagraph -1 a (new)
Article 1 – point 15 – subparagraph -1 a (new)
Regulation (EC) No 216/2008
Article 12 – paragraph 1
Article 12 – paragraph 1
(15) In Article 12, paragraph 1 is modified as follows: '1. By way of derogation from the provisions of this Regulation and its implementing rules, the Agency or the national aviation authorities in the Member State may issue certificates on the basis of certificates issued by aeronautical authorities of a third country, as provided for in recognition agreements between the Community and that third country.' lex.europa.eu/LexUriServ/LexUriServ.do?uri=CONSLEG:2008R0216:20130129:EN:HTML)Or. en (http://eur-
Amendment 57 #
Proposal for a regulation
Article 1 – point 15 – subparagraph -1 b (new)
Article 1 – point 15 – subparagraph -1 b (new)
Regulation (EC) No 216/2008
Article 12 – paragraph 2 – point a
Article 12 – paragraph 2 – point a
(15) In Article 12, paragraph 2, point a is modified as follows: '2. (a) In the absence of an agreement concluded by the Community, a Member Statenational aviation authority or the Agency may issue certificates on the basis of certifications issued by the competent authorities of a third country in application of an agreement concluded by that Member State with the third country in question before the entry into force of the related provisions of this Regulation and notified to the Commission and the other Member States.' lex.europa.eu/LexUriServ/LexUriServ.do?uri=CONSLEG:2008R0216:20130129:EN:HTML)'The Agency may also issue such certificates on behalf of any Member State in application of an agreement concluded by one of the Member States with the third country in question.' Or. en (http://eur-
Amendment 58 #
Proposal for a regulation
Article 1 – point 17 – point a
Article 1 – point 17 – point a
Regulation (EC) No 216/2008
Article 14 – paragraph 1
Article 14 – paragraph 1
The provisions of this Regulation and of the delegated acts and implementing acts adopted on the basis thereof shall not prevent a Member Statenational aviation authority from reacting immediately to a safety problem which involves a product, system, person or organisation, on the condition that the immediate action is required to ensure safety and that it is not possible to adequately address the problem in compliance with this Regulation and the delegated acts and implementing acts adopted on the basis thereof.
Amendment 59 #
Proposal for a regulation
Article 1 – point 17 – point b
Article 1 – point 17 – point b
Regulation (EC) No 216/2008
Article 14 – paragraph 3 – subparagraph 2
Article 14 – paragraph 3 – subparagraph 2
The Member Statenational aviation authority concerned shall revoke the measure taken pursuant to paragraph 1 upon notification of the decision referred to in the first subparagraph of this paragraph.
Amendment 60 #
Proposal for a regulation
Article 1 – point 17 – point c
Article 1 – point 17 – point c
Regulation (EC) No 216/2008
Article 14 – paragraph 4
Article 14 – paragraph 4
Amendment 61 #
Proposal for a regulation
Article 1 – point 17 – point c a (new)
Article 1 – point 17 – point c a (new)
Regulation (EC) 216/2008
Article 14 – paragraph 5 – subparagraph 1
Article 14 – paragraph 5 – subparagraph 1
(ca) in Article 14, paragraph 5, the first subparagraph is modified as follows: '5. The Agency shall assess whether the exemptions notified by a Member Statenational aviation authority are less restrictive than the applicable Community provisions and, within one month of being notified thereof, shall issue a recommendation in accordance with Article 18(b) on whether these exemptions comply with the general safety objectives of this Regulation or any other rule of Community law.' lex.europa.eu/LexUriServ/LexUriServ.do?uri=CONSLEG:2008R0216:20130129:EN:HTML)Or. en (http://eur-
Amendment 62 #
Proposal for a regulation
Article 1 – point 17 – point d – subparagraph 2
Article 1 – point 17 – point d – subparagraph 2
Regulation (EC) No 216/2008
Article 14 – paragraph 5 – subparagraph 2
Article 14 – paragraph 5 – subparagraph 2
The Member Statenational aviation authority concerned shall revoke the exemption upon notification of the decision referred to in the second subparagraph.
Amendment 63 #
Proposal for a regulation
Article 1 – point 1 – point 17 – point e
Article 1 – point 1 – point 17 – point e
Regulation (EC) No 216/2008
Article 14 – paragraph 6 – subparagraph 1
Article 14 – paragraph 6 – subparagraph 1
Where an equivalent level of protection to that attained by the application of the delegated and implementing acts adopted on the basis of this Regulation can be achieved by other means, Member Statnational aviation authorities may, without discrimination on grounds of nationality, grant an approval derogating from those delegated or implementing acts, in conformity with the procedure laid down in the second subparagraph and paragraph 7.
Amendment 64 #
Proposal for a regulation
Article 1 – point 17 – point e a (new)
Article 1 – point 17 – point e a (new)
Regulation (EC) No 216/2008
Article 14 – paragraph 6 – subparagraph 2
Article 14 – paragraph 6 – subparagraph 2
Amendment 65 #
Proposal for a regulation
Article 1 – point 17 – point e b (new)
Article 1 – point 17 – point e b (new)
Regulation (EC) No 216/2008
Article 14 – paragraph 7 – subparagraph 2
Article 14 – paragraph 7 – subparagraph 2
'The measures designed to amend non- essential elements of this Regulation, by supplementing it, relating to whether a proposed approval may be granted shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 65(6) within one month of receiving the Agency's recommendation. In such a case, the Commission shall notify its decision to all Member Statnational aviation authorities, which shall also be entitled to apply that measure. The provisions of Article 15 shall apply to the measure in question.' lex.europa.eu/LexUriServ/LexUriServ.do?uri=CONSLEG:2008R0216:20130129:EN:HTML)Or. en (http://eur-
Amendment 66 #
Proposal for a regulation
Article 1 – point 18 a (new)
Article 1 – point 18 a (new)
Regulation (EC) No 216/2008
Article 15 – paragraph 3
Article 15 – paragraph 3
(18a) In Article 15, paragraph 3 is modified as follows: '3. The national aviation authorities shall, in accordance with EU legislation and their national legislation, take necessary measures to ensure appropriate confidentiality of the information received by them pursuant to paragraph 1.' lex.europa.eu/LexUriServ/LexUriServ.do?uri=CONSLEG:2008R0216:20130129:EN:HTML)Or. en (http://eur-
Amendment 67 #
Proposal for a regulation
Article 1 – point 20 – point c
Article 1 – point 20 – point c
Regulation (EC) No 216/2008
Article 17 – paragraph 2 – point f
Article 17 – paragraph 2 – point f
(f) support the Member States competent authorities in carrying out their tasks by providing a forum for exchanges of information and experts between the Agency and the national aviation authorities.
Amendment 68 #
Proposal for a regulation
Article 1 – point 20 – point c a (new)
Article 1 – point 20 – point c a (new)
Regulation (EC) No 216/2008
Article 17 – paragraph 2 – point f a (new)
Article 17 – paragraph 2 – point f a (new)
(fa) perform the accreditation of the national aviation authorities; The Commission shall be empowered to adopt delegated acts in accordance with Article 65b in order to lay down detailed rules setting out the conditions to fulfil the provision of this paragraph.
Amendment 69 #
Proposal for a regulation
Article 1 – point 21
Article 1 – point 21
Regulation (EC) No 216/2008
Article 19 – paragraph 2 – subparagraph 2
Article 19 – paragraph 2 – subparagraph 2
These documents shall reflect the state of the art and the best practices in the fields concerned and be updated taking into account worldwide aviation experience, and scientific and technical progress and ATM Master Plan.
Amendment 70 #
Proposal for a regulation
Article 1 – point 21 a (new)
Article 1 – point 21 a (new)
Regulation (EC) No 216/2008
Article 20 – paragraph 1
Article 20 – paragraph 1
(21a) In Article 20, paragraph 1 is modified as follows: '1. With regard to the products, parts and appliances referred to in Article 4(1)(a) and (b), the Agency and the national aviation authorities shall, where applicable and as specified in the Chicago Convention or its Annexes, carry out on behalf of Member States the functions and tasks of the state of design, manufacture or registry when related to design approval. To that end, it shall in particular:' lex.europa.eu/LexUriServ/LexUriServ.do?uri=CONSLEG:2008R0216:20130129:EN:HTML)Or. en (http://eur-
Amendment 71 #
Proposal for a regulation
Article 1 – point 21 b (new)
Article 1 – point 21 b (new)
Regulation (EC) No 216/2008
Article 20 – paragraph 1 – point e
Article 20 – paragraph 1 – point e
'(21b) In Article 20, paragraph 1, point e is modified as follows: (e) conduct, itself or through national aviation authoritqualifiesd entities, investigations associated with products, parts and appliances certification; lex.europa.eu/LexUriServ/LexUriServ.do?uri=CONSLEG:2008R0216:20130129:EN:HTML)' Or. en (http://eur-
Amendment 72 #
Proposal for a regulation
Article 1 – point 21 c (new)
Article 1 – point 21 c (new)
Regulation (EC) No 216/2008
Article 20 – paragraph 2
Article 20 – paragraph 2
Amendment 73 #
Proposal for a regulation
Article 1 – point 21 d (new)
Article 1 – point 21 d (new)
Regulation (EC) No 216/2008
Article 20 – paragraph 2 – point a
Article 20 – paragraph 2 – point a
Amendment 74 #
Proposal for a regulation
Article 1 – point 21 e (new)
Article 1 – point 21 e (new)
Regulation (EC) No 216/2008
Article 21 – paragraph 1
Article 21 – paragraph 1
(21e) In Article 21, paragraph 1 is modified as follows: '1. With regard to the personnel and organisations referred to in Article 7(1), the Agency shall:' lex.europa.eu/LexUriServ/LexUriServ.do?uri=CONSLEG:2008R0216:20130129:EN:HTML)and the national aviation authorities shall:' Or. en (http://eur-
Amendment 75 #
Proposal for a regulation
Article 1 – point 21 f (new)
Article 1 – point 21 f (new)
Regulation (EC) No 216/2008
Article 21 – paragraph 2
Article 21 – paragraph 2
(21f) In Article 21, paragraph 2 is modified as follows: '2. With regard to the flight simulation training devices referred to in Article 7(1), the Agency shall:' lex.europa.eu/LexUriServ/LexUriServ.do?uri=CONSLEG:2008R0216:20130129:EN:HTML)and the national aviation authorities shall:' Or. en (http://eur-
Amendment 76 #
Proposal for a regulation
Article 1 – point 21 g (new)
Article 1 – point 21 g (new)
Regulation (EC) No 216/2008
Article 21 – paragraph 1 – point a
Article 21 – paragraph 1 – point a
Amendment 77 #
Proposal for a regulation
Article 1 – point 21h (new)
Article 1 – point 21h (new)
Regulation (EC) No 216/2008
Article 21 – paragraph 2 – point a
Article 21 – paragraph 2 – point a
Amendment 78 #
Proposal for a regulation
Article 1 – point 21 i (new)
Article 1 – point 21 i (new)
Regulation (EC) No 216/2008
Article 21 – paragraph 2 – point b – point ii
Article 21 – paragraph 2 – point b – point ii
(21i) In Article 21, paragraph 2, point b, ii is modified as follows: '(ii) flight simulation training devices located within the territory of the Member States, if requested by the Member State concerned;' lex.europa.eu/LexUriServ/LexUriServ.do?uri=CONSLEG:2008R0216:20130129:EN:HTML)' Or. en (http://eur-
Amendment 79 #
Proposal for a regulation
Article 1 – point 23 – point -1 a (new)
Article 1 – point 23 – point -1 a (new)
Regulation (EC) No 216/2008
Article 22 – paragraph 2 – point a
Article 22 – paragraph 2 – point a
Amendment 80 #
Proposal for a regulation
Article 1 – point 23 a (new)
Article 1 – point 23 a (new)
Regulation (EC) No 216/2008
Article 22 a – introductory part
Article 22 a – introductory part
(23a) In Article 22a; introductory part is modified as follows: With regard to ATM/ANS referred to in Article 4(3c) the Agency and the national aviation authorities shall:
Amendment 81 #
Proposal for a regulation
Article 1 – point 24 a (new)
Article 1 – point 24 a (new)
Regulation (EC) No 216/2008
Article 22 b – introductory part
Article 22 b – introductory part
Amendment 82 #
Proposal for a regulation
Article 1 – point 24 b (new)
Article 1 – point 24 b (new)
Regulation (EC) No 216/2008
Article 22 a – point a
Article 22 a – point a
(a) conduct, itself or through national aviation authorities or24b) In Article 22a, point a is modified as follows: (a) conduct, itself or through qualified entities, inspections, and audits of the organisations it certifies;
Amendment 83 #
Proposal for a regulation
Article 1 – point 24 c (new)
Article 1 – point 24 c (new)
Regulation (EC) No 216/2008
Article 22 b – point a
Article 22 b – point a
(a) conduct, itself or through national aviation authorities or24c) In Article 22b, point a is modified as follows: (a) conduct, itself or through qualified entities, investigations and audits of the organisations it certifies and, where relevant, their personnel;
Amendment 85 #
Proposal for a regulation
Article 1 – point 27
Article 1 – point 27
Regulation (EC) No 216/2008
Article 28 – paragraph 3
Article 28 – paragraph 3
(27) In article 298, pParagraph 23 is deleted.