Activities of Jacqueline FOSTER related to 2013/0186(COD)
Plenary speeches (1)
Implementation of the Single European Sky - Aerodromes, air traffic management and air navigation services (debate)
Shadow reports (1)
REPORT on the proposal for a regulation of the European Parliament and of the Council on the implementation of the Single European Sky (recast) PDF (492 KB) DOC (641 KB)
Amendments (53)
Amendment 124 #
Proposal for a regulation
Recital 13
Recital 13
(13) The provision of air navigation services, communication, navigation and surveillance services, as well as meteorological, airspace design and aeronautical information services, together with services formatting and delivering data to general air traffic, should be organised under market conditions whilst taking into account the special features of such services and maintaining a high level of safety.
Amendment 132 #
Proposal for a regulation
Recital 22
Recital 22
Amendment 138 #
Proposal for a regulation
Recital 28
Recital 28
(28) In order to take into account technical or operational developments, in particular by amending annexes, or by supplementing the provisions on network management and performance scheme, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission. The content and scope of each delegation is set out in detail in the relevant Articles. It is of particular importance that the Commission carries out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing-up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and Council.
Amendment 145 #
Proposal for a regulation
Article 1 – paragraph 4
Article 1 – paragraph 4
4. This Rregulation shall apply to the airspace within the ICAO EUR and AFI and NAT regions where Member States are responsible for the provision of air traffic services in accordance with the this Regulation. Member States may also apply this Regulation to airspace under their responsibility within other ICAO regions, on condition that they inform the Commission and the other Member States thereof.
Amendment 149 #
Proposal for a regulation
Article 2 – paragraph 1 – point 7
Article 2 – paragraph 1 – point 7
7. ‘airspace management’ means a planning servicefunction with the primary objective of maximising the utilisation of available airspace by dynamic time-sharing and, at times, the segregation of airspace among various categories of airspace users on the basis of short-term needs;
Amendment 151 #
Proposal for a regulation
Article 2 – paragraph 1 – point 9
Article 2 – paragraph 1 – point 9
9. ‘air traffic flow management’ means a servicefunction established with the objective of contributing to a safe, orderly and expeditious flow of air traffic by ensuring that ATC capacity is utilised to the maximum extent possible, and that the traffic volume is compatible with the capacities declared by the appropriate air traffic service providers;
Amendment 153 #
Proposal for a regulation
Article 2 – paragraph 1 – point 10
Article 2 – paragraph 1 – point 10
10. ‘air traffic management (ATM)’ means the aggregation of the airborne and ground- based servicesfunction (air traffic services, airspace management and air traffic flow management) required to ensure the safe and efficient movement of aircraft during all phases of operations;
Amendment 164 #
Proposal for a regulation
Article 2 – paragraph 1 – point 37
Article 2 – paragraph 1 – point 37
37. ‘support services’ means air navigation services other than air traffic services as well as other services and activities, which are linked to, and support the provision of air navigationthose ATM/ANS services which are not classed as ATM services and which are not intrinsically provided within an air traffic services; unit.
Amendment 167 #
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
2. The national supervisory authorities shall be legally distinct and independent in particular in organisational, hierarchical and decision-making terms, from any air navigationfrom any ATM/ANS service providers, or any private or public entity having an interest in the activities of such providerswhich oversees the management of ATM/ANS Service Providers and has any responsibility for decisions on their management.
Amendment 171 #
Proposal for a regulation
Article 3 – paragraph 4
Article 3 – paragraph 4
4. The nNational supervisory authorities thatwhich are not legally distinct from any air navigation service providers or any private or public entity having an interest in the activities of such providers, as provided for incompliant with paragraph 2, onf the date of entry into force of this Regulationis Article shall meet this requirement by 1 January 2020 at the latest.
Amendment 175 #
Proposal for a regulation
Article 3 – paragraph 6 – point a
Article 3 – paragraph 6 – point a
(a) be recruited under clear and transparent rules which guaranteensure their independence and as regards persons in charge of. NSA staff who are responsible for strategic decisions, should be appointed by the nNational cCabinet or cCouncil of mMinisters or another public authority which does authorised representative acting on their behalf or the NSA itself. Where another public authority makes such appointments it must not directly control, or benefit from the air navigation sATM/ANS Service pProviders;.
Amendment 177 #
Proposal for a regulation
Article 3 – paragraph 6 – point b
Article 3 – paragraph 6 – point b
(b) be selected in a transparent procedure on the basis of their specific qualifications, including appropriate competence and relevant experience inter alia in the field of auditing, air navigation services and systems;experience or competencies.
Amendment 182 #
Proposal for a regulation
Article 3 – paragraph 6 – point e
Article 3 – paragraph 6 – point e
(e) as regards persons in charge of strategic decisions, audits or other functions directly linked to oversight or performance targets of air navigation service providers, have no professional position or responsibility with any of the air navigation service providers after their term in the national supervisory authority, for a period of at least one yearstrategic decisions, steps should be taken by the NSAs to ensure these cannot be taken alone by any staff that are seconded from the air navigation service providers to avoid a conflict of interests.
Amendment 187 #
Proposal for a regulation
Article 3 – paragraph 9
Article 3 – paragraph 9
Amendment 198 #
Proposal for a regulation
Article 5 – paragraph 5
Article 5 – paragraph 5
5. In the case of provision of air navigation services in an airspace falling under the responsibility of another Member State, the arrangements referred to in paragraphs 2, 3 and 4 shall include an agreement on the mutual recognition of the supervisory tasks set out in Article 4(1) and (2) and of the results of these tasks. This mutual recognition shall apply also where arrangements for recognition between national supervisory authorities are made for the certification process of service providers.
Amendment 200 #
Proposal for a regulation
Article 5 – paragraph 6 a (new)
Article 5 – paragraph 6 a (new)
6a. To the maximum extent possible, National Supervisory Authorities shall cooperate to ensure that common solutions may be implemented across two or more States to meet the aims of the ATM Master Plan or Chicago Convention
Amendment 208 #
Proposal for a regulation
Article 10 – paragraph 1 – subparagraph 1
Article 10 – paragraph 1 – subparagraph 1
Member States shall take all necessary measures to ensure that, in accordance with this Article, providers of support services canthere are no statutory impediments to the providers of terminal air navigation and/or support services that would prevent their ability to compete within the Union on the basis ofan equitable, and non- discriminatory and transparent conditions for the purpose of providing these servicesbasis. The requirement set out in this Article shall be achieved not later than five years after publication of the study referred to in paragraph 2 of this article.
Amendment 221 #
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
2. Member States shall take all necessary measures to ensure that the provision of air traffic services is separated from the provision of support services. This separation shall include the requirit is legally possible for air traffic services and support services or elements that air traffic services and support services arereof to be provided by separate undertakings.
Amendment 222 #
Proposal for a regulation
Article 10 – paragraph 3
Article 10 – paragraph 3
3. In choosing the provider of support services, inf support services are provided under market conditions pursuant to Annex I of Regulation EU No 391/2013, the entity procuring the services must do so under OJEU rules (REF 2004/18/EC) with particular focus on cost efficiency, overall service quality and safety of services shall be taken into account by the entity procuring, interoperability and the safety of those services.
Amendment 234 #
Proposal for a regulation
Article 10 – paragraph 5 a (new)
Article 10 – paragraph 5 a (new)
5a. Nothing in this article shall preclude an airport operator from contracting with one or more air navigation service providers on a commercial basis as the airport operator so chooses.
Amendment 235 #
Proposal for a regulation
Article 10 – paragraph 5 b (new)
Article 10 – paragraph 5 b (new)
5b. Terminal approach services may be provided in a centralised or regional manner where there is a performance benefit through doing so.
Amendment 236 #
Proposal for a regulation
Article 10 – paragraph 5 c (new)
Article 10 – paragraph 5 c (new)
5c. by 1 January 2020 Member States shall have removed any national regulatory barriers to the provision of Terminal Air Navigation Services on a commercial, competitive basis.
Amendment 238 #
Proposal for a regulation
Article 11 – paragraph 1 – point a
Article 11 – paragraph 1 – point a
(a) Union -wide and associated local performance targets on the key performance areas of safety, the environment, capacity and cost-efficiency;
Amendment 242 #
Proposal for a regulation
Article 11 – paragraph 1 – point b
Article 11 – paragraph 1 – point b
(b) national plans or plans for functional airspace blocks, including performance targets, ensuring compliansistencey with the Union -and their contribution to Union–wide and associated local performance targets; and.
Amendment 246 #
Proposal for a regulation
Article 11 – paragraph 2 a (new)
Article 11 – paragraph 2 a (new)
Amendment 248 #
Proposal for a regulation
Article 11 – paragraph 3
Article 11 – paragraph 3
3. The national or functional airspace block plans referred to in paragraph 1(b), shall be drawn up by national supervisory authorities and adopted by the Member State(s). These plans shall include binding local targets and an appropriate incentive scheme as adopted by the Member State(s). Drafting of the plans shall be subject to consultation with the European Commission, the performance review body, air navigation service providers, airspace users' representatives, and, where relevant, airport operators and airport coordinators.
Amendment 251 #
Proposal for a regulation
Article 11 – paragraph 4 – subparagraph 1
Article 11 – paragraph 4 – subparagraph 1
The compliansistencey of the national or functional airspace block plans and local targets with the Union -wide performance targets shall be assessed by the Commission in co-operation with the performance review body.
Amendment 253 #
Proposal for a regulation
Article 11 – paragraph 4 – subparagraph 2
Article 11 – paragraph 4 – subparagraph 2
In the event that the Commission identifies that the national or functional airspace block plans or the local targets do not comply withdemonstrate consistency with or contribute to the Union-wide targets, it may require the Member States concerned to take the necessary corrective measures. Those implementing acts shall be adopted in accordance with the advisoryexamination procedure referred to in Article 27(23).
Amendment 256 #
Proposal for a regulation
Article 11 – paragraph 5
Article 11 – paragraph 5
5. The reference period for the performance scheme, referred to in paragraph 1, shall cover a minimum of three years and a maximum of five years. During this period, in the event that the local targets are not met, the Member States concerned shall define and apply measures designed to rectify the situation. Where the Commission finds that these measures are not sufficient to rectify the situation, it may decide, that the Member States concerned shall take necessary corrective measures or sanctions. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 27 (2).
Amendment 259 #
Proposal for a regulation
Article 11 – paragraph 6
Article 11 – paragraph 6
6. The Commission shall carry out regular assessments of the achievement of the Union-wide and associated local performance targets.
Amendment 264 #
Proposal for a regulation
Article 11 – paragraph 7 – subparagraph 1 – point c
Article 11 – paragraph 7 – subparagraph 1 – point c
(c) establishment and revision of Union - wide and associated local performance targets that shall be defined taking into consideration inputs identified at national level or at the level of functional airspace blocks;
Amendment 268 #
Proposal for a regulation
Article 11 – paragraph 7 – subparagraph 1 – point d – point iii
Article 11 – paragraph 7 – subparagraph 1 – point d – point iii
(iii) include binding local performance targets compliansistent with the Union -wide performance targets;
Amendment 270 #
Proposal for a regulation
Article 11 – paragraph 7 – subparagraph 1 – point g
Article 11 – paragraph 7 – subparagraph 1 – point g
Amendment 275 #
Proposal for a regulation
Article 11 – paragraph 7 – subparagraph 2
Article 11 – paragraph 7 – subparagraph 2
Amendment 278 #
Proposal for a regulation
Article 11 – paragraph 8 a (new)
Article 11 – paragraph 8 a (new)
8a. The European Commission shall conduct a study into the impact the behaviour of non-ANSP actors within the ATM system, for instance airport operators, airport coordinators and air transport operators, may have on the efficient functioning of the European ATM network. The scope of the study should cover but, not be limited in scope to: (a) identification of non-ANSP actors in the ATM system, able to influence network performance; (b) the effect such actors' behaviours have on ANS performance in relation to the KPAs of safety, environment and capacity; (c) the feasibility of developing performance indicators and key performance indicators for those actors; (d) any benefits to the European ATM network that might accrue from the implementation of additional performance indicators and key performance indicators; ande. any barriers to achieving optimum performance. The study should be commenced no later than 12 months following the publication of this regulation and completed no later than 12 months thereafter; the output of which should then be considered by the European Commission and Member States with a view to expanding the scope of the Performance Scheme to include any additional performance indicators and key performance indicators for future Reference Periods, in accordance with the provisions of this Article.
Amendment 279 #
Proposal for a regulation
Article 11 – paragraph 8 b (new)
Article 11 – paragraph 8 b (new)
8b. The Commission shall establish an effective appeal mechanism for the scrutiny of its decisions arising from the exercise of its discretion in connection with this regulation and associated Single European Sky legislation.
Amendment 281 #
Proposal for a regulation
Article 13 – paragraph 7
Article 13 – paragraph 7
7. Cross- subsidy shall not be allowed between en-route services and terminal services. Costs that pertain to both terminal services and en-route services shall be allocated in a proportional way between en-route services and terminal services on the basis of a transparent methodology. Cross-subsidy shall be allowed between different air traffic services in either one of those two categories only when justified for objective reasons, subject to clear identification. Cross-subsidy shall not be allowed between air traffic services and support services.air traffic services and support services where these are carried out by separate undertakings
Amendment 288 #
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
1., Member States shall take all necessary measures in order to ensure the establishment and implementation of functional airspace blocks based, where appropriate, on integrated provision of air traffic services, with a view to achieving the required capacity and efficiency of the air traffic management network within the Single European Sky and maintaining a high level of safety and contributing to the overall performance of the air transport system and reduced environmental impact".
Amendment 293 #
Proposal for a regulation
Article 16 – paragraph 3
Article 16 – paragraph 3
3. Member States, National Supervisory Authorities as well as air traffic service providers shall cooperate to the fullest extent possible with each other, in order to ensure compliance with this Article. Where relevant, cooperation may also include National Supervisory Authorities and air traffic service providers from third countries taking part in functional airspace blocks".
Amendment 296 #
Proposal for a regulation
Article 16 – paragraph 4 – subparagraph 1 – point b
Article 16 – paragraph 4 – subparagraph 1 – point b
(b) be designed to seek maximum synergies from industrial partnerships in order to meet and where possible exceed the performance targets set in accordance with Article 11;
Amendment 297 #
Proposal for a regulation
Article 16 – paragraph 4 – subparagraph 1 – point c
Article 16 – paragraph 4 – subparagraph 1 – point c
Amendment 298 #
Proposal for a regulation
Article 16 – paragraph 4 – subparagraph 1 – point d
Article 16 – paragraph 4 – subparagraph 1 – point d
Amendment 299 #
Proposal for a regulation
Article 16 – paragraph 4 – subparagraph 1 – point e
Article 16 – paragraph 4 – subparagraph 1 – point e
Amendment 300 #
Proposal for a regulation
Article 16 – paragraph 4 – subparagraph 1 – point f
Article 16 – paragraph 4 – subparagraph 1 – point f
Amendment 301 #
Proposal for a regulation
Article 16 – paragraph 4 – subparagraph 1 – point g
Article 16 – paragraph 4 – subparagraph 1 – point g
Amendment 302 #
Proposal for a regulation
Article 16 – paragraph 4 – subparagraph 1 – point h
Article 16 – paragraph 4 – subparagraph 1 – point h
Amendment 303 #
Proposal for a regulation
Article 16 – paragraph 4 – subparagraph 1 – point i
Article 16 – paragraph 4 – subparagraph 1 – point i
Amendment 306 #
Proposal for a regulation
Article 16 – paragraph 6 a (new)
Article 16 – paragraph 6 a (new)
6a. A functional airspace block that extends across the airspace under the responsibility of more than one Member State shall be subject to the arrangements on supervision as specified in Article 5. In respect of industrial partnerships supporting one or more functional airspace blocks or parts thereof, these arrangements shall ensure the appropriate supervision of all services provided, in particular in relation to safety and performance.
Amendment 307 #
Proposal for a regulation
Article 16 – paragraph 10
Article 16 – paragraph 10
Amendment 309 #
Proposal for a regulation
Article 17 – paragraph 1
Article 17 – paragraph 1
1. The air traffic management (ATM) network services shall allow optimum use of airspace and ensure that airspace users can operate preferred trajectories, while allowing maximum access to airspace and air navigation services. These network functions and services shall be aimed at supporting initiatives at national level and at the level of functional airspace blocks and shall be executed in a manner which respects the separation of regulatory and operational tasks.
Amendment 310 #
Proposal for a regulation
Article 17 – paragraph 2 – subparagraph 1 – introductory part
Article 17 – paragraph 2 – subparagraph 1 – introductory part
In order to achieve the objectives referred to in paragraph 1 and without prejudice to the responsibilities of the Member States with regard to national routes and airspace structures, the Commission shall ensure that the following services are carried out under the responsibility offunctions and services are coordinated by a Network Manager :
Amendment 312 #
Proposal for a regulation
Article 17 – paragraph 2 – subparagraph 2
Article 17 – paragraph 2 – subparagraph 2
The functions and services listed in this paragraph shall not involve the adoption of binding measures of a general scope or the exercise of political discretion. They shall take into account proposals established at national level and at the level of functional airspace blocks. They shall be performed in coordination with military authorities in accordance with agreed procedures concerning the flexible use of airspace.
Amendment 315 #
Proposal for a regulation
Article 17 – paragraph 3
Article 17 – paragraph 3
3. The Commission shall be empowered to adopt delegatedimplementing acts in accordance with the examination procedure referred to in Article 267(3) to add to the list of the services set out in paragraph 2 in order to adapt it to technical and operational progress with regard to the provision of support services in a centralised manner