136 Amendments of Marian-Jean MARINESCU related to 2015/0277(COD)
Amendment 248 #
Proposal for a regulation
Recital 1
Recital 1
(1) A high and uniform level of civil aviation safety and environmental protection should be ensured at all times through the adoption of common safety rules and by measures ensuring that any goods, persons and organisations involved in civil aviation activity in the Union comply with such rules and with those adopted to protect the environment.
Amendment 250 #
Proposal for a regulation
Recital 1 a (new)
Recital 1 a (new)
(1a) In addition, a high and uniform level of environmental protection should be ensured at all times by measures ensuring that any goods, persons and organisations involved in civil aviation activity in the Union comply with those rules adopted to protect the environment;
Amendment 253 #
Proposal for a regulation
Recital 3
Recital 3
(3) It would not be appropriate to subject all aircraft to common rules. In particular, in light of their limited risk to civil aviation safety, aircraft that are of simple design or operate mainly on a local basis and those which are home-built or particularly rare or only exist in a small number should remain under the regulatory control of the Member States, without any obligation under this Regulation on other Member States to recognise such national arrangements. The Commission should nevertheless facilitate the adoption of common airworthiness standards and guidance material to meet the objectives set out in Article 1(2)(a), (b), (c), (g) and (h) of this Regulation.
Amendment 258 #
Proposal for a regulation
Recital 8
Recital 8
(8) The measures taken in accordance with this Regulation to regulate civil aviation in the Union, including the delegated and implementing acts adopted on the basis thereof, should correspond to and be proportionate to the nature and risks associated with the different types of aircraft, operations and activities they address. They should also, in as far as possible, be formulated in a manner which focuses on objectives to be achieved, while allowing different means of achieving those objectives and a systemic approach to civil aviation, taking into account interdependencies between safety and other technical domains of aviation regulation, including cyber security. This should contribute to a more cost-efficient achievement of required safety levels and to stimulating technical and operational innovation. Use should be made of recognised industry standards and practices, where it has been found that they ensure compliance with the essential requirements set out in this Regulation.
Amendment 268 #
Proposal for a regulation
Recital 10
Recital 10
(10) In accordance with the provisions laid down in Annex 19 to the Chicago Convention, Member States are to establish an acceptable level of safety performance in relation to the aviation activities under their responsibility. In order to assist the Member States in meeting this requirement in a coordinated manner, the European Plan for Aviation Safety should lay down an acceptable level of safety performance for the Union in respect to the different categories of aviation activities. That acceptable level of safety performance should not have a binding character but express the ambition of the Union and of the Member States with regard to civil aviation safety.
Amendment 271 #
Proposal for a regulation
Recital 12
Recital 12
(12) In line with standards and recommended practices set by the Chicago Convention, essential requirements applicable to aeronautical products, parts, non-installed equipment, aerodromes and the provision of ATM/ANSincluding equipment and ATM/ANS systems should be established. Furthermore, essential requirements applicable to persons and organisations involved in the operation of aircraft, the operation of aerodromes and in the provision of ATM/ANS, and essential requirements applicable to persons and products involved in the training and medical examination of aircrew and air traffic controllers should also be established.
Amendment 281 #
Proposal for a regulation
Recital 16
Recital 16
(16) Aeronautical products, parts and non-installed equipment, aerodromes and theirincluding safety-related equipment, operators of aircraft and aerodromes, ATM/ANS systems and constituents, upon which safety or interoperability is dependent, ATM/ANS providers, as well as pilots, air traffic controllers and persons, products and organisations involved in their training and medical examination, should be certified or licensed once they have been found to comply with relevant essential requirements or, where relevant, the other requirements established in or pursuant to this Regulation. The Commission should be empowered to adopt the necessary detailed rules based on a proportionate approach to different types of aircraft and operations, for the issuance of those certificates and where relevant, the declarations to be made to this effect, taking into account the objectives of the Regulation and the nature and risk of the particular activity concerned.
Amendment 284 #
Proposal for a regulation
Recital 17
Recital 17
(17) The possibility should be given to the organisations involved in the design and manufacture of aeronautical products and parts to declare the compliance of the design of products and parts with the relevant industry standards, where this is considered to ensure an acceptable level of safety. This possibility should be limited to products used in light and sport aviation, and under appropriate limitations and conditions to ensure safety. The Commission should nevertheless facilitate the adoption of common airworthiness standards and guidance material to meet the objectives set out in Article 1(2)(a), (b), (c), (g) and (h) of this Regulation.
Amendment 291 #
Proposal for a regulation
Recital 18 a (new)
Recital 18 a (new)
(18a) Unmanned aircraft operating rules should be clear, enforceable, and harmonised across Member States, in order to ensure a safe operation of unmanned aircraft and a culture of compliance amongst operators.
Amendment 292 #
Proposal for a regulation
Recital 19
Recital 19
(19) The rules regarding unmanned aircraft should as much as possible contribute to achieving compliance with relevant rights guaranteed under Union law, in particular the right to respect for private and family life, as set out in Article 7 of the Charter of Fundamental Rights of the European Union, and with the right to protection of personal data, as set out in Article 8 of that Charter and in Article 16 of the Treaty on the Functioning of the European Union ('TFUE') and as regulated in Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data11 . __________________ 11 Directive 95/46/EC of the European Parliament and the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (OJ L 281, 23.11.1995, p. 31).
Amendment 294 #
Proposal for a regulation
Recital 20
Recital 20
(20) For some types of unmanned aircraft, the application of the provisions of this Regulation related to cerregistration, certification, identification, oversight and enforcement, as well as the provisions regarding the Agency is not necessary for the purpose of reaching adequate levels of safety. Market surveillance mechanisms provided by Union product harmonisation legislation should be made applicable to those cases.
Amendment 298 #
Proposal for a regulation
Recital 22
Recital 22
(22) The Agency and the national competentaviation authorities should work in partnership in order to better detect unsafe conditions and take remedial measures as appropriate. Member States should in particular be able to transfer to each other or to the Agency the responsibilities under this Regulation related to certification, oversight and enforcement, especially where that is necessary for enhanced safety or more efficient use of resources. With the same objectives, organisations subject to this regulation should also be given the possibility to request the Agency to take the responsibility for certification, oversight and enforcement of their activity. It is also necessary, according to the case, to support the Member States in performing those tasks, in particular cooperative and cross- border oversight, by establishing an efficient framework for pooling and sharing of aviation inspectors and other specialists with relevant expertise.
Amendment 306 #
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 competentthe national authoritiesy 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 those 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 313 #
Proposal for a regulation
Recital 35
Recital 35
(35) Global navigation satellite systems, and in particular the Union Galileo programme, will play a pivotal role in the implementation of a European air traffic management system. In this regard, the Agency should be empowered to develop the necessary technical specifications and to certify ATM/ANS systems and organisations providing pan- European ATM/ANS to ensure a high, uniform level of safety, interoperability and operational efficiency.
Amendment 324 #
Proposal for a regulation
Recital 48
Recital 48
(48) It is necessary to ensure that parties affected by decisions made by the Agency enjoy the necessary remedies in a manner which is suited to the special character of the field of aviation. Therefore, an appropriate appeal mechanism should be set up so that decisions of the Agency can be subject to appeal to a specialised Board of Appeal, the decisions of which can be subject to action before the Court of Justice of the European Union (the 'Court of Justice') in accordance with the TFEU.
Amendment 334 #
Proposal for a regulation
Recital 54 a (new)
Recital 54 a (new)
(54a) It is absolutely necessary to ensure the timely availability even in real time of safety relevant information allowing its analysis and dissemination without unnecessary delay. For this purpose, the Agency should coordinate at Union level the gathering, exchange and analysis of information on matters falling within the scope of this Regulation including secured flight data and cockpit voice recordings downloaded to a ground database in real time. For that purpose, the Agency may enter into administrative arrangements with legal and natural persons subject to this Regulation, or associations of such persons, on information gathering, exchange and analysis. The arrangements should provide, as far as possible, existing channels, avoiding additional burden.
Amendment 339 #
Proposal for a regulation
Recital 59 a (new)
Recital 59 a (new)
(59a) Different airspace users shall be granted fair access to airspace. In the interest of safety of air navigation and to facilitate the right of access to airspace, each Member State should ensure the continuity of ATM/ANS provision in the airspace under its responsibility, while maintaining a high and uniform level of safety and minimize service disruptions to uninvolved third parties, also in the event of unforeseen circumstances. This should include the definition of a minimum level of service that aircraft operators can rely on.
Amendment 358 #
Proposal for a regulation
Article 1 – paragraph 2 – point g
Article 1 – paragraph 2 – point g
(g) promoting research and innovation, amongst others in regulatory and, certification and oversight processes;
Amendment 367 #
Proposal for a regulation
Article 1 – paragraph 3 – point b
Article 1 – paragraph 3 – point b
(b) ensuring that the declarations and certificates issued in accordance with this Regulation and its delegated and implementing acts are valid, recognised and applied throughout the Union, without any additional requirements;
Amendment 372 #
Proposal for a regulation
Article 1 – paragraph 3 – point g a (new)
Article 1 – paragraph 3 – point g a (new)
(ga) identifying measures to mitigate, where is the case, socio-economic risks to aviation safety
Amendment 374 #
Proposal for a regulation
Article 2 – paragraph 1 – point a
Article 2 – paragraph 1 – point a
(a) the design and production of aircraft by a natural or legal person under the oversight of the Agency or a Member State;, as well as associated products, parts and non-installed equipment, by:
Amendment 375 #
Proposal for a regulation
Article 2 – paragraph 1 – point a – point i (new)
Article 2 – paragraph 1 – point a – point i (new)
(i) a natural or legal person under the oversight of the Agency or a Member State;
Amendment 376 #
Proposal for a regulation
Article 2 – paragraph 1 – point a – point ii (new)
Article 2 – paragraph 1 – point a – point ii (new)
(ii) a third country natural or legal person, intended to be registered or operated, and respectively used, in the territory to which the Treaties apply;
Amendment 377 #
Proposal for a regulation
Article 2 – paragraph 1 – point b – point i
Article 2 – paragraph 1 – point b – point i
(i) registered or intended to be registered in a Member State, unless and to the extent that the Member State has transferred its responsibilities pursuant to the Chicago Convention to a third country and the aircraft is operated by a third country operator;
Amendment 378 #
Proposal for a regulation
Article 2 – paragraph 1 – point b – point ii
Article 2 – paragraph 1 – point b – point ii
(ii) registered or intended to be registered in a third country and operated by an operator established, residing or with a principal place of business in the territory to which the Treaties apply;
Amendment 388 #
Proposal for a regulation
Article 2 – paragraph 3 – point d – paragraph 1
Article 2 – paragraph 3 – point d – paragraph 1
the design, production, maintenance and operation of aircraft the operation of which involves low risk for aviation safety, as listed in Annex I, and to the personnel and organisations involved therein. However, Member States shall recognize without further requirements or evaluations national certificates issued to these aircraft and their pilots when these aircraft and pilots are involved in cross border flights for the purpose of maintenance, repair, tests, modifications or participation in aerial sports and displays, for a maximum period of 60 days during a calendar year.
Amendment 393 #
Proposal for a regulation
Article 2 – paragraph 3 – point d – paragraph 3 – point ii a (new)
Article 2 – paragraph 3 – point d – paragraph 3 – point ii a (new)
(iia) the criteria set out in points (b) and (c) of that Annex.
Amendment 394 #
Proposal for a regulation
Article 2 – paragraph 5
Article 2 – paragraph 5
5. Without prejudice to Article 8 of Regulation (EU) No XXX/XXXX on the implementation of the Single European Sky (recast), Member States shall ensure that the military facilities referred to in paragraph 3(b) of this Article that are open to general air traffic and the ATM/ANS referred to in paragraph 3(c) of this Article that are provided or made available by the military to general air traffic offer a level of safety and interoperability with civilian systems, that is equivalent to that resulting from the application of the essential requirements set out in Annexes VII and VIII of this Regulation.
Amendment 396 #
Proposal for a regulation
Article 3 – paragraph 1 – point 5 a (new)
Article 3 – paragraph 1 – point 5 a (new)
(5a) "ATM/ANS systems and constituents upon which safety or interoperability" means any of the ATM/ANS systems and constituents which are necessary for the safety of the provision of air traffic and air navigation services.
Amendment 398 #
Proposal for a regulation
Article 3 – paragraph 1 – point 13
Article 3 – paragraph 1 – point 13
(13) ‘'safety related aerodrome equipment’' means any equipment, apparatus, appurtenance, software or accessory that is used or intended to be used to contribute to the safe operation of aircraft at an aerodrome;
Amendment 399 #
Proposal for a regulation
Article 3 – paragraph 1 – point 13 a (new)
Article 3 – paragraph 1 – point 13 a (new)
(13a) "safety critical aerodrome equipment" means any equipment, apparatus, appurtenance, software or accessory whose failure or malfunction could endanger safety or aircraft operation at an aerodrome.
Amendment 414 #
Proposal for a regulation
Article 3 – paragraph 1 – point 29 a (new)
Article 3 – paragraph 1 – point 29 a (new)
(29a) ‘remote pilot’ means a person operating an unmanned aircraft or surveying the operation of an automated unmanned aircraft;
Amendment 420 #
Proposal for a regulation
Article 4 – paragraph 1 – point a
Article 4 – paragraph 1 – point a
(a) reflect the state of the art and best practices in the field of aviation, and take into account worldwide aviation experience and scientific and technical progress in the respective fields; in this respect the Agency shall modify the previous acts to be in line with the updated conditions;
Amendment 421 #
Proposal for a regulation
Article 4 – paragraph 1 – point a a (new)
Article 4 – paragraph 1 – point a a (new)
(aa) take in account the different types of aircraft and operations;
Amendment 423 #
Proposal for a regulation
Article 4 – paragraph 1 – point d
Article 4 – paragraph 1 – point d
(d) take into account interdependencies between the different domains of aviation safety, and between aviation safety, cyber security and other technical domains of aviation regulation;
Amendment 435 #
Proposal for a regulation
Article 4 – paragraph 2 – point c
Article 4 – paragraph 2 – point c
(c) the complexity and, performance and specific needs of the aircraft involved;
Amendment 438 #
Proposal for a regulation
Article 4 – paragraph 2 – point d
Article 4 – paragraph 2 – point d
(d) the purpose of the flight, the type of aircraft and type of airspace used;
Amendment 445 #
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
3. The European Plan for Aviation Safety shall specify, taking into account the objectives set out in Article 1, an acceptablthe level of safety performance in the Union, which the Member States, the Commission and the Agency shall jointly aim at achieving.
Amendment 465 #
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
Amendment 466 #
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
2. As regards aircraft referred to in Article 2(1)(a) and their engines, propellers and parts, compliance with Article 9 shall be ensured in accordance with Articles 11, 12, 13, 14 and Article 15(1).
Amendment 471 #
Proposal for a regulation
Article 12 – paragraph 3
Article 12 – paragraph 3
That certificate may be also issued without such application, for its own design work, by an organisation approved in accordance with Article 15 which has been granted a privilege to issue those certificates in accordance with the delegated act referred to in Article 18(1)(k), when that organisation has determined that the design of the part complies with the certification basis established in accordance with Article 18(1)(a)(ii).
Amendment 472 #
Proposal for a regulation
Article 13 – paragraph 3
Article 13 – paragraph 3
That certificate may be also issued without such application, for its own design work, by an organisation approved in accordance with Article 15 which has been granted a privilege to issue those certificates in accordance with the delegated act referred to in Article 18(1)(k), when that organisation has determined that the design of the non- installed equipment complies with the certification basis established in accordance with Article 18(1)(a)(ii).
Amendment 477 #
Proposal for a regulation
Article 18 – paragraph 1 – point c
Article 18 – paragraph 1 – point c
(c) the specific conditions for compliance of aircraft referred to in Articles 2(1)(a)(ii) and 2(1)(b)(ii) with the essential requirements referred to in Article 9;
Amendment 480 #
Proposal for a regulation
Article 18 – paragraph 1 – point l
Article 18 – paragraph 1 – point l
Amendment 483 #
Proposal for a regulation
Article 18 – paragraph 2
Article 18 – paragraph 2
2. As regards the airworthiness and environmental compatibility of aircraft referred to in Article 2(1)(a) and (b), and their engines, propellers, parts and non- installed equipment, the Commission shall be empowered, by means of delegated acts adopted in accordance with Article 117, to amend or supplement Annex II and Annex III, where necessary for reasons of technical, operational or scientific developments or evidence in the field of airworthiness or environmental compatibility, in order and to the extent required to achieve the objectives laid down in Article 1.
Amendment 484 #
Proposal for a regulation
Article 18 – paragraph 2 a (new)
Article 18 – paragraph 2 a (new)
2a. When adopting the rules referred to in paragraph 1, the Commission shall ensure, in particular, that use is made, as appropriate, of the international standards and recommended practices contained in Annex 8 and 16 to the Chicago Convention. The certificates issued by the Agency and national aviation authorities and the declarations made by the legal and natural persons subject to the provisions of this Regulation shall be exclusively in conformity with the rules, conditions and procedures provided in Article 18.
Amendment 509 #
Proposal for a regulation
Article 25 – paragraph 1 – point f
Article 25 – paragraph 1 – point f
Amendment 514 #
Proposal for a regulation
Article 25 – paragraph 2
Article 25 – paragraph 2
2. As regards pilots and cabin crew involved in the operation of aircraft referred to in Article 2(1)(b), as well as flight simulation training devices, persons and organisations involved in the training, testing, checking or medical assessment of those pilots and cabin crew, the Commission shall be empowered, by means of delegated acts adopted in accordance with Article 117, to amend or supplement Annex IV, where necessary for reasons of technical, operational or scientific developments or safety evidence related to aircrew, in order and to the extent required to achieve the objectives laid down in Article 1.
Amendment 516 #
Proposal for a regulation
Article 25 – paragraph 3 a (new)
Article 25 – paragraph 3 a (new)
3a. The certificates issued by the Agency and national aviation authorities and the declarations made by the legal and natural persons subject to the provisions of this Regulation shall be exclusively in conformity with the rules, conditions and procedures provided in this Article.
Amendment 521 #
Proposal for a regulation
Article 27 – paragraph 3 a (new)
Article 27 – paragraph 3 a (new)
3a. Where the delegated acts adopted pursuant to Article 28 so provide, large aircraft used in commercial air transport operations shall be equipped with a means to recover flight recorder data and make it available in a timely manner for the purpose of accident investigation and prevention.
Amendment 527 #
Proposal for a regulation
Article 28 – paragraph 1 – point g a (new)
Article 28 – paragraph 1 – point g a (new)
(ga) the conditions under which an aircraft shall be required to be equipped with a means to recover flight recorder data, and the conditions for the secure transmission, storage and utilization of that data, for the purpose of Article 27(3a). These conditions shall be consistent with the existing Union legislation on air accident investigations;
Amendment 534 #
Proposal for a regulation
Article 28 – paragraph 2
Article 28 – paragraph 2
2. As regards the operation of aircraft referred to in Article 2(1)(b), the Commission shall be empowered, by means of delegated acts adopted in accordance with Article 117, to amend or supplement Annex V and, if applicable, Annexes VII and VIII, where necessary for reasons of technical, operational or scientific developments or safety evidence related to air operations, in order and to the extent required to achieve the objectives laid down in Article 1.
Amendment 535 #
Proposal for a regulation
Article 28 – paragraph 2 a (new)
Article 28 – paragraph 2 a (new)
2a. The certificates issued by the Agency and national aviation authorities and the declarations made by the legal and natural persons subject to the provisions of this Regulation shall be exclusively in conformity with the rules, conditions and procedures provided in this Article.
Amendment 567 #
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. The delegated act mentioned at Article 34(1)(h) shall assure the recognition, without other verification, by the operators, of these declarations.
Amendment 580 #
Proposal for a regulation
Article 34 – paragraph 1 – point l
Article 34 – paragraph 1 – point l
(l) the conditions for issuing and disseminating mandatory information by the Agency in accordance with Article 65(6) and by the national competentaviation authorities, in order to ensure the safety of aerodrome operations and safety-related aerodrome equipment.
Amendment 587 #
Proposal for a regulation
Article 34 – paragraph 2 a (new)
Article 34 – paragraph 2 a (new)
2a. The certificates issued by the Agency and national aviation authorities and the declarations made by the legal and natural persons subject to the provisions of this Regulation shall be exclusively in conformity with the rules, conditions and procedures provided in this Article.
Amendment 606 #
Proposal for a regulation
Article 39 – paragraph 2
Article 39 – paragraph 2
2. As regards the provision of ATM/ANS, the Commission shall be empowered, by means of delegated acts adopted in accordance with Article 117, to amend or supplement Annex VIII and if applicable VII, where necessary for reasons of technical, operational or scientific developments or safety evidence related to the ATM/ANS, in order and to the extent required to achieve the objectives laid down in Article 1.
Amendment 607 #
Proposal for a regulation
Article 39 – paragraph 3 a (new)
Article 39 – paragraph 3 a (new)
3a. The certificates issued by the Agency and national aviation authorities and the declarations made by the legal and natural persons subject to the provisions of this Regulation shall be exclusively in conformity with the rules, conditions and procedures provided in this Article.
Amendment 621 #
Proposal for a regulation
Article 44 – paragraph 1 – point e
Article 44 – paragraph 1 – point e
Amendment 627 #
Proposal for a regulation
Article 44 – paragraph 2
Article 44 – paragraph 2
2. As regards air traffic controllers, persons and organisations involved in the training, testing, checking or medical assessment of air traffic controllers, as well as synthetic training devices, the Commission shall be empowered, by means of delegated acts adopted in accordance with Article 117, to amend or supplement Annex VIII, where necessary for reasons of technical, operational or scientific developments or safety evidence related to the training organisations and air traffic controllers, in order and to the extent necessary to achieve the objectives laid down in Article 1.
Amendment 633 #
Proposal for a regulation
Article 44 – paragraph 2 a (new)
Article 44 – paragraph 2 a (new)
2a. The certificates issued by the Agency and national aviation authorities and the declarations made by the legal and natural persons subject to the provisions of this Regulation shall be exclusively in conformity with the rules, conditions and procedures provided in this Article.
Amendment 634 #
Proposal for a regulation
Article 45 – paragraph 1
Article 45 – paragraph 1
The design, production, maintenance and operation of unmanned aircraft and their engines, propellers, parts, non-installed equipment and equipment to control them remotely, as well as the personnel and organisations involved in these activities, shall comply with the essential requirements set out in Annex IX.
Amendment 637 #
Proposal for a regulation
Article 46 – paragraph 1
Article 46 – paragraph 1
1. Where the delegated acts adopted pursuant to Article 47 so provide with a view to achieving adequate high uniform levels of safety, having regard to the principles laid down in Article 4(2), the design, production, maintenance and operation of unmanned aircraft as well as the personnel and organisations involved in these activities, shall be subject to certification. Certificates shall be issued upon application, where the applicant has demonstrated that it complies with the rules established by the delegated acts adopted pursuant to Article 47 to ensure compliance with the essential requirements referred to in Article 45. The certificate shall specify the safety-related limitations, operating conditions and privileges.
Amendment 641 #
Proposal for a regulation
Article 46 – paragraph 2
Article 46 – paragraph 2
2. Where the delegated acts adopted pursuant to Article 47 so provide with a view to achieving adequate high uniform levels of safety, having regard to the principles laid down in Article 4(2), the design, production, maintenance and operation of unmanned aircraft as well as the personnel and organisations involved in these activities, shall be subject to a declaration. The declaration shall be made when the essential requirements referred to in Article 45 and the corresponding detailed rules established in accordance with Article 47 to ensure compliance with these essential requirements are complied with.
Amendment 642 #
Proposal for a regulation
Article 46 – paragraph 3
Article 46 – paragraph 3
3. Where the delegated acts adopted pursuant to Article 47 so provide, given that adequatea high uniform levels of safety can be achieved without the application of Chapters IV and V of this Regulation, those Chapters shall not apply to the essential requirements referred to in Article 45 and the corresponding detailed rules established in accordance with Article 47 to ensure compliance with these essential requirements. In such cases, those requirements and rules shall constitute 'Community harmonisation legislation' within the meaning of Regulation (EC) 765/2008 of the European Parliament and Council of 9 July 2008 setting out the requirement for accreditation and market surveillance relating to the marketing of products and repealing Regulation (EEC) N° 339/93, and Decision 768/2008/EC of the European Parliament and Council of 9 July 2008 on a common framework for the marketing of products, and repealing Council Decision 93/465/EEC.
Amendment 643 #
Proposal for a regulation
Article 46 – paragraph 3 a (new)
Article 46 – paragraph 3 a (new)
3a. Member States may adopt or maintain in force legislative provisions ensuring a higher level of security or safety protection than those established in this Regulation and delegated acts.
Amendment 645 #
Proposal for a regulation
Article 47 – paragraph 1 – point a
Article 47 – paragraph 1 – point a
(a) the conditions and procedures for issuing, maintaining, amending, suspending, or revoking the certificates for the design, production, maintenance and operation of unmanned aircraft referred to in Article 46 (1) and (2), including the conditions for situations in which, with a view to achieving the objectives set out in Article 1 and while taking account of the naturetechnical characteristics of the unmanned aircraft type of flight, type, nature, area and risk of the particular activityoperation concerned, such certificates shall be required or declarations shall be permitted, as applicable;
Amendment 647 #
Proposal for a regulation
Article 47 – paragraph 1 – point e
Article 47 – paragraph 1 – point e
(e) the registration, marking and identification of unmanned aircraft with a weight bigger than 250 grams and of certified unmanned aircraft in accordance with paragraph (a);
Amendment 651 #
Proposal for a regulation
Article 47 – paragraph 1 – point e a (new)
Article 47 – paragraph 1 – point e a (new)
(ea) the conditions and procedures under which the unmanned aircraft personnel including the remote pilots shall be subject to certification or declaration and shall be issued with a license and a medical certificate appropriate to the operation to be performed.
Amendment 653 #
Proposal for a regulation
Article 47 – paragraph 1 – point e b (new)
Article 47 – paragraph 1 – point e b (new)
(eb) condition under which unmanned aircraft referred to in Article 46 (1) and (2) shall be equipped with the following, but not limited to, safety and security equipment: distance and altitude limitation, position communication, built- in geofencing, collision avoidance, stabilization and automated landing;
Amendment 654 #
Proposal for a regulation
Article 47 – paragraph 1 – point f
Article 47 – paragraph 1 – point f
(f) the conditions under which operations of unmanned aircraft shall be prohibited, limited or subject to certain conditions in the interest of safety or security.
Amendment 656 #
Proposal for a regulation
Article 47 – paragraph 1 – point f a (new)
Article 47 – paragraph 1 – point f a (new)
(fa) the conditions and procedures under which an EU registration system or a compatible harmonized national registration system should be established. A registration system shall be an online data base that will assign a unique owner number and unmanned aircraft marking for an unmanned aircraft flown in any Member State.
Amendment 659 #
Proposal for a regulation
Article 47 – paragraph 2
Article 47 – paragraph 2
2. As regards the design, production, maintenance and operation of unmanned aircraft and their engines, propellers, parts, non-installed equipment and equipment to control the aircraft remotely, the Commission shall be empowered, by means of delegated acts adopted in accordance with Article 117, to amend or supplement Annex IX and, if applicable, Annex III, where necessary for reasons of technical, operational or scientific developments or safety and security evidence related to air operations, in order and to the extent required to achieve the objectives laid down in Article 1.
Amendment 660 #
Proposal for a regulation
Article 47 – paragraph 2 a (new)
Article 47 – paragraph 2 a (new)
2a. The certificates issued by the Agency and national aviation authorities and the declarations made by the legal and natural persons subject to the provisions of this Regulation shall be exclusively in conformity with the rules, conditions and procedures provided in this Article.
Amendment 661 #
Proposal for a regulation
Article 49 – paragraph 3
Article 49 – paragraph 3
3. The authorisations and declarations referred to in paragraphs 1 and 2 shall only be required in respect of the operation of aircraft into, within or out of the territory to which the Treaties applySingle European Sky airspace, with the exception of the operation of aircraft only overflying that territory.
Amendment 663 #
Proposal for a regulation
Article 50 – paragraph 2 a (new)
Article 50 – paragraph 2 a (new)
2a. The certificates issued by the Agency and national aviation authorities and the declarations made by the legal and natural persons subject to the provisions of this Regulation shall be exclusively in conformity with the rules, conditions and procedures provided in this Article.
Amendment 664 #
Proposal for a regulation
Article 51 – paragraph 3 – subparagraph 2
Article 51 – paragraph 3 – subparagraph 2
The Agency shall be responsible where those tasks have been attributed to it pursuant to Articles 53, 54, 55, 66, 67, 67a, 67b, 68, 69 and 70.
Amendment 678 #
Proposal for a regulation
Article 51 – paragraph 10 – point h a (new)
Article 51 – paragraph 10 – point h a (new)
(ha) the conditions and procedures for the accreditation by the Agency of the entities which are to be designated as a national aviation authority of a Member State, for the purpose of paragraph 2a and for the accreditation by the Agency or by the national aviation authority of a qualified entity.
Amendment 716 #
Proposal for a regulation
Article 54 – title
Article 54 – title
Amendment 717 #
Proposal for a regulation
Article 54 – paragraph 1 – subparagraph 1
Article 54 – paragraph 1 – subparagraph 1
An organisation may request the Agency to act as the competent authority responsible for the certification, oversight and enforcement tasks with respect to that organisation, in deviation from Article 51(3), where that organisation holds or is eligible to apply for a certificate in accordance with the provisions of Chapter III to the national competent authority from one Member State, but it has or it intends to have substantial facilities and personnel covered by that certificate located in one or more other Member States2).
Amendment 720 #
Proposal for a regulation
Article 54 – paragraph 1 – subparagraph 2
Article 54 – paragraph 1 – subparagraph 2
Amendment 726 #
Proposal for a regulation
Article 54 – paragraph 1 – subparagraph 3
Article 54 – paragraph 1 – subparagraph 3
Where thean organisations referred to in the first and second subparagraph makes such a request, ithey shall inform the national competentaviation authoritiesy of the Member States in which they have theirit has its principal places of business.
Amendment 728 #
Proposal for a regulation
Article 54 – paragraph 2 – subparagraph 1
Article 54 – paragraph 2 – subparagraph 1
Where the Agency considers that it can effectively exercise the responsibilities for thelevant certification, oversight and enforcement tasks, as requested, in compliance with this Regulation and the delegated acts adopted on the basis thereof, it shall establish, jointly with the Member State or Member States concerned, as applicable, a transition plan that ensures an orderly transfer of those responsibilities. The organisations that requested the transfer shall be consulted on this transition plan before it is finalised. e certification, oversight and enforcement tasks covered by the request, including the related records and documentation. The organisations that requested the transfer shall be consulted on this transition plan before it is finalised. The plan shall include a clear identification of responsibilities at authority level that are subject to the transfer, as well as the State level responsibilities that remain with the transferring Member State, and include practical arrangements for ensuring seamless continuation of activities, including details on how international and EU level obligations are to be exercised.
Amendment 735 #
Proposal for a regulation
Article 54 – paragraph 2 – subparagraph 2
Article 54 – paragraph 2 – subparagraph 2
The Agency and the Member State or Member States concerned, as applicable, shall ensure that the transfer of the responsibilitietasks is carried out in accordance with the transition plan.
Amendment 736 #
Proposal for a regulation
Article 54 – paragraph 3
Article 54 – paragraph 3
3. Upon the transfer of responsibilitytasks pursuant to paragraphs 1 and 2, the Agency shall become the competent authority for the purposes of the transferred responsibiltransferred certification, oversight and enforcement tasks and the national aviation authority andof the Member State or Member States concerned shall be relieved of that responsibility. In relation to the exercise of that responsibilitye transferred tasks by the Agency, the provisions of Chapters IV and V shall apply.
Amendment 738 #
Proposal for a regulation
Article 54 – paragraph 4
Article 54 – paragraph 4
4. The provisions of Article 53(5) and (6) shall apply accordingly to any transfer of responsibilitytasks pursuant to this Article.
Amendment 753 #
Proposal for a regulation
Article 57 – paragraph 1 – point b
Article 57 – paragraph 1 – point b
(b) the delegated acts adopted on the basis of Articles 18(1)(l), 25(1)(f) and 44(1)(e). paragraph 1a. These delegated acts shall ensure an equivalent level of safety to the one provided for in this Regulation, and shall specify the procedures and conditions for achieving and maintaining the necessary confidence in regulatory systems of third countries. In order to achieve and maintain such confidence the Agency shall be authorized to conduct the necessary technical assessments and evaluations of the laws of third countries and of foreign aviation authorities. For the purpose of conducting such assessments and evaluations the Agency may conclude working arrangements in accordance with Article 77(2).
Amendment 755 #
Proposal for a regulation
Article 57 – paragraph 1 a (new)
Article 57 – paragraph 1 a (new)
The Commission shall be empowered to adopt delegated acts in accordance with the Article 117 in order to lay down detailed rules with regard to acceptance of certificates and other documentation attesting compliance with civil aviation rules issued in accordance with the laws of a third country.
Amendment 756 #
Proposal for a regulation
Article 58 – paragraph 1 – subparagraph 1
Article 58 – paragraph 1 – subparagraph 1
The Agency and the national competentaviation authorities may allocate their tasks related to certification and oversight under this Regulation to qualified entities that have been accredited as being compliant with the criteria set out in Annex VI and accredited in accordance with Article 51(10)(ha). The Agency and the national competentaviation authorities which make use of the qualified entities shall establish a system for that accreditation and for the assessment of the compliance of qualified entities with those criteria, both at the moment of accreditation and continuously thereafter.
Amendment 770 #
Proposal for a regulation
Article 60 – paragraph 3 – subparagraph 2
Article 60 – paragraph 3 – subparagraph 2
In that case, the Agency shall, without undue delayin three months from the date of reception of the request, issue a recommendation to the Commission on whether the Member State's request fulfils the conditions of the first subparagraph.
Amendment 772 #
Proposal for a regulation
Article 61 – paragraph 2
Article 61 – paragraph 2
2. The Agency shall coordinate at Union level the gathering, exchange and analysis of information on matters falling within the scope of this Regulation including secured flight data and cockpit voice recordings downloaded to a ground database in real time. For that purpose, the Agency may enter into administrative arrangements with legal and natural persons subject to this Regulation, or associations of such persons, on information gathering, exchange and analysis. This may include the establishment of a European partnership, based on the principle of voluntary participation, with the objective to improve aviation safety and environment. The arrangements should provide, as far as possible, existing channels, avoiding additional burden.
Amendment 778 #
Proposal for a regulation
Article 63 – paragraph 1 – subparagraph 2 – point a
Article 63 – paragraph 1 – subparagraph 2 – point a
(a) certificates issued and declarations received by the Agency and by national competentaviation authorities in accordance with the provisions of Chapter III and Articles 53, 54, 55, 66, 67, 67a, 67b, 68, 69 and 70;
Amendment 780 #
Proposal for a regulation
Article 63 – paragraph 1 – subparagraph 2 – point m a (new)
Article 63 – paragraph 1 – subparagraph 2 – point m a (new)
(ma) recommendations and binding directives of the Agency concerning flights above conflict zones, issued in accordance with Article 76(3);
Amendment 785 #
Proposal for a regulation
Article 63 – paragraph 6 – subparagraph 1
Article 63 – paragraph 6 – subparagraph 1
Without prejudice to paragraph 7, the Commission, the Agency, national competentaviation authorities and any competent authority of the Member States entrusted with the investigation of civil aviation accidents and incidents shall, for the exercise of their tasks, have on-line, secure access to all information included in the repository.
Amendment 793 #
Proposal for a regulation
Article 65 – paragraph 1
Article 65 – paragraph 1
1. The Agency shall, upon request, assist the Commission in the preparation of proposals for amendments to this Regulation and of delegated and implementing acts to be adopted on the basis of this Regulation. The documents that the Agency submits to the Commission for those purposes shall take the form of opinions.
Amendment 795 #
Proposal for a regulation
Article 65 – paragraph 4 – subparagraph 1
Article 65 – paragraph 4 – subparagraph 1
The Agency shall take the appropriate decisions for the application of Articles 53, 54, 55, 66, 67, 67a, 67b, 68, 69, 70, 71 and 73.
Amendment 801 #
Proposal for a regulation
Article 65 – paragraph 5 a (new)
Article 65 – paragraph 5 a (new)
5a. The Agency shall issue the appropriate binding directives for the application of Article 68(2)(ba)
Amendment 808 #
Proposal for a regulation
Article 66 – paragraph 1 – introductory part
Article 66 – paragraph 1 – introductory part
1. With regard to the products, parts and non-installed equipment referred to in Article 2(1)(a) and 2(1)(b)(i), the Agency shall, where applicable and as specified in the Chicago Convention or the Annexes thereto, carry out on behalf of Member States the functions and tasks of the state of design, manufacture or registry, when those functions and tasks are related to design certification and mandatory continuing airworthiness information. To that end, it shall in particular:
Amendment 811 #
Proposal for a regulation
Article 67 a (new)
Article 67 a (new)
Amendment 812 #
Proposal for a regulation
Article 67 b (new)
Article 67 b (new)
Article 67b Air operators certification The Agency shall, where applicable and as specified in the Chicago Convention or the Annexes thereto, carry out on behalf of Member States the functions and tasks of the State of Operator with regard to air operators referred to in Article 27(1) and engaged in commercial air transport operations: (a) between aerodromes located in the territories of different Member States; (b) involving an aerodrome located outside the territory of a Member State. To that end, the Agency shall be responsible for the tasks related to certification, oversight and enforcement, in accordance with Article 51(2), with respect to those operators.
Amendment 814 #
Proposal for a regulation
Article 68 – paragraph 2 – point b a (new)
Article 68 – paragraph 2 – point b a (new)
(ba) in order to assure the continuity in the provision of ATM/ANS in Single European Sky airspace the Agency, in close cooperation with the Network Manager shall issue binding directives in accordance with the delegated act referred to in Article 39(1)(a)
Amendment 891 #
Proposal for a regulation
Article 76 – paragraph 3 a (new)
Article 76 – paragraph 3 a (new)
3a. take the necessary measures under Article 66(1)(i) to address vulnerabilities in aircraft design;
Amendment 892 #
Proposal for a regulation
Article 76 – paragraph 3 b (new)
Article 76 – paragraph 3 b (new)
3b. determine and advise on corrective actions to be taken by national aviation authorities or legal and natural persons subject to the provisions of this Regulation and disseminate related information to those authorities and persons, including information, recommendations and biding directives related to risks to civil aviation arising from conflict zones.
Amendment 893 #
Proposal for a regulation
Article 76 – paragraph 3 c (new)
Article 76 – paragraph 3 c (new)
3c. Before taking such measures, the Agency shall obtain the agreement of the Commission and consult the Member States. The Agency shall base these measures, where possible, on common Union risk assessments and take into account the need for rapid reaction in emergency cases.
Amendment 905 #
Proposal for a regulation
Article 78 – paragraph 1
Article 78 – paragraph 1
1. The Agency shall, within its field of competence, contribute to a timely response to and mitigation of aviation crises. To this purpose, the Agency shall contribute to a timely and coordinated response ensuring the continuity of ATM/ANS provision within the Single European airspace when Imperative grounds of urgency so require in the event of unforeseen circumstances or disruptions, ensuring a high and uniform level of civil aviation safety.
Amendment 913 #
Proposal for a regulation
Article 80 – paragraph 1 – point c
Article 80 – paragraph 1 – point c
(c) contributing to the implementation of the ATM Master Plan, including the development, certification and deployment of the Single European Sky ATM Research (SESAR) programme and results.
Amendment 948 #
Proposal for a regulation
Article 97 – paragraph 1
Article 97 – paragraph 1
1. An appeal may be brought against decisions of the Agency taken pursuant to Articles 53, 54, 55, 66, 67, 67a, 67b, 68, 69, 70, 71 or 115.
Amendment 949 #
Proposal for a regulation
Article 103 – paragraph 2
Article 103 – paragraph 2
2. Actions for the annulment of decisions of the Agency taken pursuant to Articles 53, 54, 55, 66, 67, 67a, 67b, 68, 69, 70, 71 or 115 may be brought before the Court of Justice of the European Union only after all appeal procedures within the Agency have been exhausted.
Amendment 971 #
Proposal for a regulation
Article 109 – paragraph 1 a (new)
Article 109 – paragraph 1 a (new)
1a. the provisions of paragraph 1 (f) shall apply under the oversight of Performance Review Body, taking into account the ATM/ANS tasks performed by the Agency and transferred from Eurocontrol under Union law. Member States and Commission shall ensure that the tasks mentioned above are not double- charged.
Amendment 973 #
Proposal for a regulation
Article 109 – paragraph 5
Article 109 – paragraph 5
5. The Agency shall adapt, during the financial year, its staff planning and management of resources related to fees and chargesrevenues mentioned in paragraph 4 of this Article in a manner that enables it to swiftly respond to fluctuations in revenue from fees and chargwork load and fluctuations of these revenues.
Amendment 976 #
Proposal for a regulation
Article 109 – paragraph 6
Article 109 – paragraph 6
6. Each year, the Executive Director shall draw up a draft statement of estimates of the Agency's revenue and expenditure for the following financial year, including a draft establishment plan, and send it to the Management Board. That draft establishment plan shall, in relation to posts financed from fees and chargesrevenues in accordance with paragraph 4 of this Article, be based on a limited set of indicators approved by the Commission to measure the Agency's workload and efficiency, and shall set out the resources required to meet demands for certification and other activities of the Agency in an efficient and timely manner, including those resulting from transfers of responsibility in accordance with Articles 53, 54 and 55. The Management Board shall, on the basis of that draft, adopt a provisional draft estimate of revenue and expenditure of the Agency for the following financial year. The provisional draft estimate of the Agency's revenue and expenditure shall be sent to the Commission by 31 January each year.
Amendment 977 #
Proposal for a regulation
Article 109 – paragraph 6 a (new)
Article 109 – paragraph 6 a (new)
Amendment 978 #
Proposal for a regulation
Article 109 – paragraph 10
Article 109 – paragraph 10
10. The budgetary authority shall authorise appropriations for the contribution to the Agency and shall adopt the establishment plan of the Agency, taking into account the indicators related to Agency workload and efficiency referred to in paragraph 6.
Amendment 982 #
Proposal for a regulation
Article 113 – paragraph 1
Article 113 – paragraph 1
1. Not later than [fiv three years after the date referred to in Article 127 – OP please insert the exact date], and every five years thereafter, the Commission shall commission an evaluation in compliance with the Commission guidelines to assess the Agency's performance in relation to its objectives, mandate and tasks. The evaluation shall, in particular, address the possible need to modify the mandate of the Agency, and the financial implications of any such modification.
Amendment 992 #
Proposal for a regulation
Article 117 – paragraph 2
Article 117 – paragraph 2
2. The power to adopt delegated acts referred to in Article 2(3)(d), Article 18, Article 25, Article 28, Article 34, Article 39, Article 44, Article 47, Article 50, Article 51(10), Article 52(5), Article 64 (fa), Article 72(4) and Article 115(1) shall be conferred on the Commission for an indeterminate period of time.
Amendment 1001 #
Proposal for a regulation
Article 123 – paragraph 1 – point 1
Article 123 – paragraph 1 – point 1
(b) it holds a valid AOC issued by a national authority of a Member State or by the European Union Aviation Safety Agency;
Amendment 1011 #
Proposal for a regulation
Article 126 – paragraph 2 a (new)
Article 126 – paragraph 2 a (new)
2a. The Agency shall, at the latest three years after the entry into force of this Regulation issue, in accordance with Article 65(1), proposals for delegated acts on airworthiness and pilot licensing with respect to light sport aircraft falling within the scope of this Regulation, but having a maximum take-off mass of not more than 600 kg for aircraft not intended to be operated on water or 650 kg for aircraft intended to be operated on water. These proposals shall be proportionate, taking into account the objectives and principles set out in Articles 1 and 4, the nature and risk of the activity concerned, and provide for interoperability with comparable standards existing in important third-country markets.
Amendment 1012 #
Proposal for a regulation
Article 126 – paragraph 2 b (new)
Article 126 – paragraph 2 b (new)
2b. The Agency shall, at the latest five years after entry into force of this Regulation issue guidance material for voluntary use by Member States to support the development of proportionate national rules concerning the design, production, maintenance and operation of aircraft listed in Annex I.
Amendment 1015 #
Proposal for a regulation
Annex I – paragraph 2 – point c
Annex I – paragraph 2 – point c
(c) manned aircraft at least 51 % of which, of which at least 300 hours or 51%, whichever is less, is built by an amateur, or a non- profit making association of amateurs, for their own purposes and without any commercial objective;
Amendment 1043 #
Proposal for a regulation
Annex II – point 1 – paragraph 2 – introductory part
Annex II – point 1 – paragraph 2 – introductory part
Product integrity, including protection against information security threats, must be assured for all anticipated flight conditions for the operational life of the aircraft. Compliance with all requirements must be shown by assessment or analysis, supported, where necessary, by tests.
Amendment 1044 #
Proposal for a regulation
Annex II – point 1 – paragraph 2 – point 1.3 – point 1.3.5 a (new)
Annex II – point 1 – paragraph 2 – point 1.3 – point 1.3.5 a (new)
1.3.5a. The aircraft shall be equipped with systems for continuous flight tracking and recording of flight data. All flight data, including cockpit voice recordings shall be downloaded to a ground database in real time.
Amendment 1045 #
Proposal for a regulation
Annex II – point 1 – paragraph 2 – point 1.4 – point 1.4.3
Annex II – point 1 – paragraph 2 – point 1.4 – point 1.4.3
1.4.3. Non-installed equipment must be designed to minimise errors which couldnot introduce errors that contribute to the creation of hazards.
Amendment 1051 #
Proposal for a regulation
Annex IV – point 3 – point 3.1 – point 3.1.1 – paragraph 1
Annex IV – point 3 – point 3.1 – point 3.1.1 – paragraph 1
All pilots must periodically demonstrate medbe mentally and physically fitness to satisfactorifely execute their functions, taking into account the type of activity. Compliance must be shown by appropriate assessment based on aero- medical best practice, taking into account the type of activity and the possible mental and physical degradation due to age, and the possible mental and physical degradation, in particular due to age. This shall be determined by a risk based assessment.
Amendment 1061 #
Proposal for a regulation
Annex VII – point 1 – point 1.4 – point 1.4.2
Annex VII – point 1 – point 1.4 – point 1.4.2
1.4.2. The data shall be accurate, readable, complete and unambiguous. Appropriate integrity levels and authenticity shall be maintained.
Amendment 1072 #
Proposal for a regulation
Annex VIII – point 1 – point 1.2 a (new)
Annex VIII – point 1 – point 1.2 a (new)
1.2a. A minimum level of service shall be defined to ensure the continuity of ATM/ANS provision, in the event of unforeseen circumstances or service disruption, by establishing advance arrangements between Member States and between air navigation service providers. Such minimum service levels shall safeguard services at least to any emergency and security services, public health related missions, diplomatic flights as well as to flights, which are not destined to, nor originate from an airport in that Member State. Consideration shall also be given to ensuring that the disruption does not cause congestion or safety risks in neighbouring States airspace and that all airspace users are treated in a fair manner, when providing access to airspace and services.
Amendment 1073 #
Proposal for a regulation
Annex VIII – point 2 – point 2.1 – point 2.1.2
Annex VIII – point 2 – point 2.1 – point 2.1.2
2.1.2. Aeronautical information shall be accurate, complete, current, unambiguous and be of adequate authenticity, integrity and in a suitable format for users.
Amendment 1074 #
Proposal for a regulation
Annex VIII – point 2 – point 2.2 – point 2.2.2
Annex VIII – point 2 – point 2.2 – point 2.2.2
2.2.2. To the extent possible, aeronautical meteorological information shall be precise, complete, current, be of adequate authenticity, integrity and unambiguous in order to meet the needs of airspace users.
Amendment 1075 #
Proposal for a regulation
Annex VIII – point 2 – point 2.5 – paragraph 2
Annex VIII – point 2 – point 2.5 – paragraph 2
Navigation services shall achieve and maintain a sufficient level of performance with regard to guidance, positioning and, when provided, timing information. The performance criteria include accuracy, integrity, authenticity, availability and continuity of the service.
Amendment 1076 #
Proposal for a regulation
Annex VIII – point 2 – point 2.6 – paragraph 2
Annex VIII – point 2 – point 2.6 – paragraph 2
Surveillance services shall determine the respective position of aircraft in the air and of other aircraft and ground vehicles on the aerodrome surface, with sufficient performance with regard to their accuracy, integrity, authenticity, continuity and probability of detection.
Amendment 1077 #
Proposal for a regulation
Annex VIII – point 2 – point 2.7 – paragraph 2
Annex VIII – point 2 – point 2.7 – paragraph 2
The tactical management of air traffic flows at Union level shall use and provide sufficiently precise, authentic and current information of the volume and nature of the planned air traffic affecting service provision and shall coordinate and negotiate re-routing or delaying traffic flows in order to reduce the risk of overloading situations occurring in the air or at the aerodromes. Flow management shall be performed with a view to optimising available capacity in the use of airspace and enhancing air traffic flow management processes. It shall be based on safety, transparency and efficiency, ensuring that capacity is provided in a flexible and timely manner, consistent with the European Air Navigation Plan.
Amendment 1079 #
Proposal for a regulation
Annex VIII – point 3 – point 3.1 – paragraph 2
Annex VIII – point 3 – point 3.1 – paragraph 2
ATM/ANS systems and constituents providing related information to and from the aircraft and on the ground shall be properly designed, manufactured, installed, maintained, protected against unauthorised electronic interference and operated to ensure that they are fit for their intended purpose.
Amendment 1086 #
Proposal for a regulation
Annex IX – point 1 – point a
Annex IX – point 1 – point a
(a) A person operating the unmanned aircrafremote pilot must be aware of the applicable Union and national rules relating to the intended operations, in particular with regard to safety, privacy, data protection, liability, insurance, security or environmental protection. The personremote pilot must be able to ensure the safety of operation and safe separation of the unmanned aircraft from people on the ground and from other airspace users. This includes being familiar withgood knowledge of the operating instructions provided by the manufacturer and with all relevant functionalities of the unmanned aircraft and applicable rules of the air and ATM/ANS procedures.
Amendment 1092 #
Proposal for a regulation
Annex IX – point 1 – point c a (new)
Annex IX – point 1 – point c a (new)
(ca) The registration system mentioned at Article 47 (1) (fa) shall be subject of data protection and privacy, strictly respecting Directive 95/46/EC on data protection, the right to the protection of private life enshrined in Article 7 of the Charter of Fundamental Rights of the EU (CFR), the right to the protection of personal data enshrined in Article 8 of the Charter of Fundamental Rights of the EU and Article 16 of the Treaty on the Functioning of the European Union (TFEU). The registration system will ensure that privacy and data protection guarantees are embedded in line with the principles of necessity and proportionality.
Amendment 1101 #
Proposal for a regulation
Annex IX – point 2 – paragraph 2 – point 2.3 – paragraph 2
Annex IX – point 2 – paragraph 2 – point 2.3 – paragraph 2
A person operating an unmanned aircrafremote pilot shall possess the required knowledge and skills necessary to ensure the safety of the operation and proportionate to the risk associated with the type of operation. This person shall also demonstrate medical fitness, if this is necessary to mitigate the risks involved in the operation concerned.
Amendment 1102 #
Proposal for a regulation
Annex IX – point 2 – paragraph 2 – point 2.4 – paragraph 3 – point b a (new)
Annex IX – point 2 – paragraph 2 – point 2.4 – paragraph 3 – point b a (new)
(ba) Unmanned aircraft and operations with unmanned aircraft must ensure compliance with relevant rights guaranteed under Union law, in particular the right to respect for private and family life, as set out in Article 7 of the Charter of Fundamental Rights of the European Union, and with the right to protection of personal data, as set out in Article 8 of that Charter and in Article 16 of the Treaty on the Functioning of the European Union ('TFUE') and as regulated in Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data11.
Amendment 1103 #
Proposal for a regulation
Annex IX – point 2 – paragraph 2 – point 2.4 – paragraph 3 – point c a (new)
Annex IX – point 2 – paragraph 2 – point 2.4 – paragraph 3 – point c a (new)
(ca) Operators shall hold own a registration for each unmanned aircraft. This registration shall be carried by the operator and shown on request