118 Amendments of Tomasz Piotr PORĘBA related to 2013/0186(COD)
Amendment 124 #
Proposal for a regulation
Article 2 – paragraph 1 – point 7
Article 2 – paragraph 1 – point 7
7. ‘air traffic flow and capacity management (ATFCM)service’ means a service aiming at protecting air traffic control from over-delivery and optimising the use of the available capacity;, performed at network level by the Network Manager and at regional and local level by ANSPs.
Amendment 137 #
Proposal for a regulation
Article 2 – paragraph 1 – point 22
Article 2 – paragraph 1 – point 22
22. ‘common information service (CIS)’ means a service consisting in the collection of static and dynamic data and their dissemination to enable the provision of services for the management of traffic of unmanned aircraft;
Amendment 143 #
Proposal for a regulation
Article 2 – paragraph 1 – point 26
Article 2 – paragraph 1 – point 26
26. ‘cooperative decision-making’ means a process in which decisions are made based on interaction and consultation with Member States, operational stakeholders and with Member States and other actors as appropriate;
Amendment 149 #
Proposal for a regulation
Article 2 – paragraph 1 – point 40
Article 2 – paragraph 1 – point 40
40. ‘national supervisory authority’ means the national body or bodies entrusted by a Member State with the tasks under this Regulation other than the tasks covered by the national competent authority;
Amendment 152 #
Proposal for a regulation
Article 2 – paragraph 1 – point 42 a (new)
Article 2 – paragraph 1 – point 42 a (new)
42a. ‘network functions’ means air traffic management network functions and services delivered in order to achieve objectives defined in this regulation, executed by all relevant operational stakeholders.
Amendment 154 #
Proposal for a regulation
Article 2 – paragraph 1 – point 43
Article 2 – paragraph 1 – point 43
43. ‘Network Manager’ means the entity entrusted with the tasks necessary to contribute to the execution of the network functions referred to in Article 26, in accordance with Article 27;
Amendment 155 #
Proposal for a regulation
Article 2 – paragraph 1 – point 47
Article 2 – paragraph 1 – point 47
Amendment 159 #
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
2. The national supervisory authorities shall exercise their powers impartially, independently and transparently and shall be organised, staffed, managed and financed accordingly. This shall be achieved by applying appropriate management and control mechanisms and shall be organised, staffed, managed and financed accordingly, including within the administration of a Member State. However, this shall not prevent the national supervisory authorities from exercising their tasks within the rules of organisation of national civil aviation authorities or any other public bodies.
Amendment 163 #
Proposal for a regulation
Article 3 – paragraph 3 – introductory part
Article 3 – paragraph 3 – introductory part
Amendment 190 #
Proposal for a regulation
Article 3 – paragraph 6 – introductory part
Article 3 – paragraph 6 – introductory part
6. In addition to the requirements set out in paragraph 5, persons in charge of strategic decisions shall be appointed by an entity of the Member State concerned which does not directly exert ownership rights over air navigation service providers. Member States shall decide whether these persons are appointed for a fixed and renewable term, or on a permanent basis which only allows dismissal for reasons not related to their decision-making. Persons in charge of strategic decisions shall not seek or take instructions from any government or other public or private entity when carrying out their functions for the national supervisory authority and shall have full authority over the recruitment and management of its staff.
Amendment 216 #
Proposal for a regulation
Article 3 – paragraph 10
Article 3 – paragraph 10
10. The Commission shall establish detailed ruleguidance materials laying down the modalities of recruitment and selection procedures referred to in paragraph 5, points (a) and (b). Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 37(3).
Amendment 219 #
Proposal for a regulation
Article 4 – paragraph 1 – introductory part
Article 4 – paragraph 1 – introductory part
1. The national supervisory authorities referred to in Article 3 shall: apply the performance and charging schemes set out in Articles 10 to 17 and 19 to 22 and the implementing acts referred to in Articles 18 and 23, within the limits of their tasks defined in those articles and acts, and oversee the application of the Regulation regarding the transparency of accounts of designated air traffic service providers in accordance with Article 25;
Amendment 220 #
Proposal for a regulation
Article 4 – paragraph 1 – point a
Article 4 – paragraph 1 – point a
Amendment 222 #
Proposal for a regulation
Article 4 – paragraph 1 – point b
Article 4 – paragraph 1 – point b
Amendment 224 #
Proposal for a regulation
Article 4 – paragraph 1 – point c
Article 4 – paragraph 1 – point c
Amendment 230 #
Proposal for a regulation
Article 4 – paragraph 3 – subparagraph 1
Article 4 – paragraph 3 – subparagraph 1
It shall take all necessary enforcement measures which may, where appropriate, include the amendment, limitation, suspension or revocation of economic certificates issued by them in accordance with Article 6.
Amendment 273 #
Proposal for a regulation
Article 6
Article 6
Amendment 306 #
Proposal for a regulation
Article 7 – paragraph 1 – point a
Article 7 – paragraph 1 – point a
(a) they shall hold a valid certificate or a valid declaration as referred to in Article 41 of Regulation (EU) 2018/1139 and an economic certificate in accordance with Article 6(1).
Amendment 329 #
Proposal for a regulation
Article 7 a (new)
Article 7 a (new)
Article 7a Relations between service providers 1. Air traffic service providers may avail themselves of the air traffic services of other service providers that have been certified in the Union. 2. Air traffic service providers shall formalise their working relationships by means of written agreements or equivalent legal arrangements, setting out the specific duties and functions assumed by each provider and allowing for the exchange of operational data between all service providers in so far as general air traffic is concerned. Those arrangements shall be notified to the national supervisory authority or authorities concerned. The approval of the Member States concerned shall be required.
Amendment 334 #
Proposal for a regulation
Article 8 – paragraph 1 – introductory part
Article 8 – paragraph 1 – introductory part
1. Where this enables cost-efficiency gains to the benefit of airspace userjustified by service quality, safety considerations, cost-efficiency and potential environmental gains, air traffic service providers may decide to procure CNS, AIS, ADS or MET services under market conditions.
Amendment 345 #
Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 1
Article 8 – paragraph 1 – subparagraph 1
Where this enables cost-efficiency gains to the benefit of airspace userjustified by service quality, safety considerations, cost-efficiency and potential environmental gains, Member States shallmay allow airport operators to procure terminal air traffic services for aerodrome control under market conditions.
Amendment 359 #
Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 2
Article 8 – paragraph 1 – subparagraph 2
In addition, where this enables cost- efficiency gains to the benefit of airspace userjustified by service quality, safety considerations, cost- efficiency and potential environmental gains, Member States may allow airport operators or the national supervisory authority concerned to procure terminal air traffic services for approach control under market conditions.
Amendment 362 #
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
Amendment 366 #
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
Amendment 384 #
Proposal for a regulation
Article 8 – paragraph 6
Article 8 – paragraph 6
6. National supervisory authorities shall ensure that procurement by air traffic service providers and airport operators as referred to in paragraph 1 complies with paragraph 2, and where necessary shall apply corrective measures. In the case of terminal air traffic services, they shall be responsible for approving tender specifications for terminal air traffic services, which shall include requirements on service quality. The national supervisory authorities shall refer to the national competition authority referred to in Article 11 of Council Regulation (EC) No 1/2003 matters relating to the application of competition rules.
Amendment 388 #
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Where common information services are provided, the data disseminated shall present the integrity and quality necessary to enable the safe provision of services for the management of traffic of unmanned aircraft.
Amendment 392 #
Proposal for a regulation
Article 9 – paragraph 2 – subparagraph 1
Article 9 – paragraph 2 – subparagraph 1
The costs referred to in the first subparagraph shall be set out in an account separate from the accounts for any other activities of the operator concerned and shall be made publicly available to the national supervisory authority concerned.
Amendment 396 #
Proposal for a regulation
Article 9 – paragraph 4 – subparagraph 1
Article 9 – paragraph 4 – subparagraph 1
Amendment 421 #
Proposal for a regulation
Article 10 – paragraph 2 – subparagraph 1
Article 10 – paragraph 2 – subparagraph 1
The Commission may, based on an impact assessment and following consultation with stakeholders concerned, add additional key performance areas for performance target setting or monitoring purposes, where necessary to improve performance.
Amendment 434 #
Proposal for a regulation
Article 10 – paragraph 3 – point h
Article 10 – paragraph 3 – point h
(h) balanced and symmetrical incentive schemes including for financial disincentivbonuses applicable where an air traffic service provider does not comply with the relevant binding performance targets during the reference period orachieves a performance exceeding binding performance targets and penalties where it hadoes not icomplementedy with the relevant common projectsbinding performance targets during the referred to in Article 35nce period. Such financial disincentives shall in particular take account of the deterioration in the level of service quality provided by that provider, as a result of not complying with the performance targets or not implementing the common projects, and the impact thereof on the networkbe proportionate to the magnitude of the variation between the achieved performance and the target and shall take into account to the greatest extent possible effects attributable to air traffic service providers and include adjustment for any impacts stemming from actions of other stakeholders;
Amendment 435 #
Proposal for a regulation
Article 10 – paragraph 3 – point k
Article 10 – paragraph 3 – point k
(k) a methodology for the allocation of costs common to en -route and terminal air navigation services between the two categories of services, which shall respect local circumstances;
Amendment 441 #
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. The Commission shall adopt the Union-wide performance targets for en route air navigation services and for terminal air navigation services in the key performance areas of environment, capacity and cost-efficiency for each reference period, in accordance with the advisoryexamination procedure referred to in Article 37(23) and with paragraphs 2 to 3 of this Article and following consultation with stakeholders. In conjunction with the Union- wide performance targets, the Commission may define complementary baseline values, breakdown values or benchmark groups, for the purpose of enabling the assessment and approval of draft performance plans in accordance with the criteria referred to in Article 13(3).
Amendment 449 #
Proposal for a regulation
Article 11 – paragraph 3
Article 11 – paragraph 3
3. For the purposes of preparing its decisions on Union-wide performance targets, the Commission shall collect any necessary input from stakeholders and the potential complementary baseline values and breakdown values, the Commission shall collect any necessary input from stakeholders and the relevant national regulators (national supervisory authorities / national competent authorities). Upon request of the Commission, the Agency acting as PRB shall provide assistance to the Commission for the analysis and preparation of those decisions, by way of an opinion.
Amendment 451 #
Proposal for a regulation
Article 12
Article 12
Amendment 475 #
Proposal for a regulation
Article 13 – paragraph 2
Article 13 – paragraph 2
2. The draft performance plans for en route air navigation services referred to in paragraph 1 shall include relevant information provided by the Network Manager. Before adopting those draft plans, designated air traffic service providers shall consult airspace users’ representatives and, where relevant, military authorities, airport operators and airport coordinators. The designated air traffic service providers shall also submit those plans to the national competent authority responsible for their certification, which shall verify the compliance with Regulation (EU) 2018/1139 and the delegated and implementing acts adopted on the basis thereof.
Amendment 492 #
Proposal for a regulation
Article 13 – paragraph 3 – subparagraph 1 – point c a (new)
Article 13 – paragraph 3 – subparagraph 1 – point c a (new)
(ca) consideration of relevant local circumstances that have a potential impact on the achievement of performance targets by the air traffic service provider
Amendment 498 #
Proposal for a regulation
Article 13 – paragraph 4
Article 13 – paragraph 4
4. The allocation of costs between en route and terminal air navigation services shall be assessed by the Agency acting as PRBnational supervisory authority on the basis of the methodology referred to in Article 10(3)(k) and the classification of the different services as assessed by the Commission pursuant to Article 12.
Amendment 504 #
Proposal for a regulation
Article 13 – paragraph 5
Article 13 – paragraph 5
5. The draft performance plans for en route air navigation services referred to in paragraph 1, including where relevant the allocation of costs between en route and terminal air navigation services, shall be submitted to the Agency acting as PRBnational supervisory authority for assessment and approval.
Amendment 507 #
Proposal for a regulation
Article 13 – paragraph 6 – introductory part
Article 13 – paragraph 6 – introductory part
6. In the case of a designated air traffic service provider providing both en route air navigation services and terminal air navigation services, the Agency acting as PRBnational supervisory authority shall first assess the allocation of costs between the respective services in accordance with paragraph 4.
Amendment 509 #
Proposal for a regulation
Article 13 – paragraph 6 – subparagraph 1
Article 13 – paragraph 6 – subparagraph 1
Where the Agency acting as PRBnational supervisory authority finds that the allocation of costs does not comply with the methodology or with the classification referred to in paragraph 4, the designated air traffic service provider concerned shall present a new draft performance plan complying with that methodology and with that classification.
Amendment 512 #
Proposal for a regulation
Article 13 – paragraph 6 – subparagraph 2
Article 13 – paragraph 6 – subparagraph 2
Where the Agency acting as PRBnational supervisory authority finds that the allocation of costs complies with that methodology and with that classification, it shall take a decision to that effect, notifying the designated air traffic service provider and national supervisory authority concerned. The national supervisory authority shall be bound by the conclusions of that decision in respect of the allocation of costs for the purposes of the assessmen. The designated air traffic service provider shall be bound by the conclusions of that decision in respect of the draft performance plan for terminal air navigation services referred to in Article 14.
Amendment 513 #
Proposal for a regulation
Article 13 – paragraph 6 a (new)
Article 13 – paragraph 6 a (new)
6a. The national supervisory authority shall submit the draft performance plan to the Agency acting as PRB for assessment of consistency of performance targets for en route air navigation services with Union-wide performance targets and assessment of compliance of the performance plan with the Union performance and charging schemes. Where paragraph 6 applies, this submission shall take place after a decision on the allocation of costs has been taken by the national supervisory authority in accordance with the third subparagraph of paragraph 6. The Agency acting as PRB shall assess the performance targets for en-route air navigation services according to the criteria set out in paragraph 3. Following the assessment, the Agency acting as PRB shall provide the national supervisory authority with recommendations to approve the performance targets, in case when the Agency acting as PRB considers the targets consistent with Union-wide targets and the plan is considered compliant with Union performance and charging schemes, or to deny the approval, when the Agency acting as PRB considers the targets not consistent with Union-wide targets or the plan not compliant with Union performance and charging schemes. The Agency acting as PRB shall justify its assessment for each of the performance targets, considering also interdependencies between key performance areas.
Amendment 516 #
Proposal for a regulation
Article 13 – paragraph 7 – introductory part
Article 13 – paragraph 7 – introductory part
7. The Agency acting as PRBnational supervisory authority shall assess the performance targets for en route air navigation services and the performance plans according to the criteria and conditions set out in paragraph 3, duly considering interdependencies between key performance areas. In its assessment the national supervisory authority shall take into account the recommendations provided by the Agency acting as PRB referred to in paragraph 6a. Where paragraph 6 applies, this assessment shall take place after a decision on the allocation of costs has been taken in accordance with the fourththird subparagraph of paragraph 6.
Amendment 520 #
Proposal for a regulation
Article 13 – paragraph 7 – subparagraph 1
Article 13 – paragraph 7 – subparagraph 1
Where the Agency acting as PRBnational supervisory authority finds that the draft performance plan meets those criteria and conditions, it shall approve it.
Amendment 523 #
Proposal for a regulation
Article 13 – paragraph 7 – subparagraph 2
Article 13 – paragraph 7 – subparagraph 2
Where the Agency acting as PRBnational supervisory authority finds that one or several performance targets for en route air navigation services are not consistent with the Union-wide performance targets or the performance plan does not meet the additional conditions set out in paragraph 3, it shall deny the approval. In each case, the national supervisory authority shall justify its decision and how it has taken the assessment of the Agency acting as PRB into account.
Amendment 529 #
Proposal for a regulation
Article 13 – paragraph 8
Article 13 – paragraph 8
8. Where the Agency acting as PRBnational supervisory authority has denied approval of a draft performance plan in accordance with paragraph 7, a revised draft performance plan shall be presented by the designated air traffic service provider concerned, including where necessary revised targets.
Amendment 532 #
Proposal for a regulation
Article 13 – paragraph 9 – introductory part
Article 13 – paragraph 9 – introductory part
9. The Agency acting as PRBnational supervisory authority shall assess the revised draft performance plan referred to in paragraph 8 in accordance with the criteria and conditions set out in paragraph 3. The Agency acting as PRB shall support the national supervisory authority by assessing the revised draft performance plan referred to in paragraph 8 on its compliance with the Union performance and charging schemes as well as on consistency of performance targets with Union-wide targets. The PRB shall submit a revised recommendations to the national supervisory authority. Where a revised draft performance plan meets those criteria and conditions, the Agency acting as PRBnational supervisory authority shall approve it.
Amendment 536 #
Proposal for a regulation
Article 13 – paragraph 9 – subparagraph 1
Article 13 – paragraph 9 – subparagraph 1
Where a revised draft performance plan does not meet those criteria and conditions, the Agency acting as PRBnational supervisory authority shall deny its approval and shall require the designated air traffic service provider to present a final draft performance plan.
Amendment 541 #
Proposal for a regulation
Article 13 – paragraph 9 – subparagraph 2
Article 13 – paragraph 9 – subparagraph 2
Where the revised draft performance plan submitted in accordance with paragraph 8 is denied because it contains performance targets for en route air navigation services that are not consistent with the Union-wide performance targets, the Agency acting as PRBnational supervisory authority shall establish performance targets in consistency with the Union-wide performance targets for the designated air traffic service provider concerned, taking into account the findings made in the decision referred to in paragraph 7. The final draft performance plan to be presented by the designated air traffic service provider concerned shall include the performance targets thus established by the Agency acting as PRBnational supervisory authority, as well as the measures to achieve those targets.
Amendment 545 #
Proposal for a regulation
Article 13 – paragraph 9 – subparagraph 3
Article 13 – paragraph 9 – subparagraph 3
Where approval of the revised draft performance plan submitted in accordance with paragraph 8 is denied only because it does not comply with the conditions set out in the third subparagraph of paragraph 3, the final draft performance plan to be presented by the designated air traffic service provider concerned shall contain the amendments necessary in view of the conditions the national supervisory authority has found not being met. It shall include the performance targets contained in the draft performance plan and found to be consistent with the Union-wide performance targets by the Agency acting as PRB, and shall contain the amendments necessary in view of the conditions the Agency acting as PRB has found not being metnational supervisory authority, unless the amendments to the assumptions have direct impact on the targets concerned.
Amendment 549 #
Proposal for a regulation
Article 13 – paragraph 9 – subparagraph 4
Article 13 – paragraph 9 – subparagraph 4
Where approval of the revised draft performance plan submitted in accordance with paragraph 8 is denied only because it contains performance targets for en route air navigation services that are not consistent with the Union-wide performance targets and because, in addition, it does not comply with the conditions set out in the third subparagraph of paragraph 3, the final draft performance plan to be presented by the designated air traffic service provider concerned shall include the performance targets established by the Agency acting as PRB in accordance with the third subparagraph and the measures to achieve those targets and shall and shall contain the amendments necessary in view of the conditions the Agency acting as PRB has found not being metcontain the amendments necessary in view of the conditions the national supervisory authority has found not being met. It shall include the performance targets contained in the draft performance plan and found to be consistent with the Union-wide performance targets by national supervisory authority, unless the amendments to the assumptions have direct impact on the targets concerned.
Amendment 551 #
Proposal for a regulation
Article 13 – paragraph 9 – subparagraph 4
Article 13 – paragraph 9 – subparagraph 4
Where approval of the revised draft performance plan submitted in accordance with paragraph 8 is denied because it contains performance targets for en route air navigation services that are not consistent with the Union-wide performance targets and because, in addition, it does not comply with the conditions set out in the third subparagraph of paragraph 3, the final draft performance plan to be presented by the designated air traffic service provider concerned shall include the performance targets established by the Agency acting as PRBnational supervisory authority in accordance with the third subparagraph and the measures to achieve those targets and shall and shall contain the amendments necessary in view of the conditions the Agency acting as PRBnational supervisory authority has found not being met.
Amendment 553 #
Proposal for a regulation
Article 13 – paragraph 10
Article 13 – paragraph 10
10. Draft performance plans approved by the Agency acting as PRBnational supervisory authority shall be adopted by the designated air traffic service providers concerned as definitive plans, and shall be made publicly available.
Amendment 570 #
Proposal for a regulation
Article 13 – paragraph 11 – subparagraph 1
Article 13 – paragraph 11 – subparagraph 1
The designated air traffic service provider shall provide the information and data necessary for the monitoring of the performance of air navigation services to the national supervisory authority. This shall include information and data related to actual costs and revenues. Where performance targets are not reached or the performance plan is not correctly implemented, the Agency acting as PRB shall issue decisions requiring corrective measures to be implemented by the air traffic service providers. These corrective measures may include, where objectively necessary, a requirement for an air traffic service provider to delegate the provision of the relevant services to ano. National supervisory authority shall – on an annual basis - report to the Agency acting as PRB on achievement of performance targets by the designated air traffic service providers for the purpose of the regular reports referred to in the first subparagraph. Where performance targets are not reached or the performance plan is not correctly implemented, the national supervisory authority shall issue decisions requiring corrective measures to be implemented by ther air traffic service providers. Where the performance targets continue to be missed, or where the performance plan continues to be incorrectly implemented or where corrective measures imposed are not or not properly applied, the Agency acting as PRB shall, in cooperation with national supervisory authority, conduct an investigation and provide an opinion to the Commission in accordance with Article 24(2). The Commission may take action in accordance with Article 24(3).
Amendment 578 #
Proposal for a regulation
Article 14 – paragraph 1 – subparagraph 1
Article 14 – paragraph 1 – subparagraph 1
The draft performance plans shall be adopted after the setting of Union-wide performance targets and before the start of the reference period concerned. They shall contain performance targets for terminal air navigation services in the key performance areas of environment, capacity and cost- efficiency, consistent with the Union-wide performance targets. Those draft performance plans shall take account of the European ATM Master Plan. The draft performance plans shall be made publicly available.
Amendment 588 #
Proposal for a regulation
Article 14 – paragraph 3 – introductory part
Article 14 – paragraph 3 – introductory part
3. Draft performance plans for terminal air navigation services shall contain performance targets for terminal air navigation services that are consistent with the respective Union-wide performance targets in all key. The draft performance areas andplans shall fulfil the additionalfollowing conditions laid down in the third subparagraph.:
Amendment 589 #
Proposal for a regulation
Article 14 – paragraph 3 – subparagraph 1 – introductory part
Article 14 – paragraph 3 – subparagraph 1 – introductory part
Amendment 594 #
Proposal for a regulation
Article 14 – paragraph 3 – subparagraph 1 – point a
Article 14 – paragraph 3 – subparagraph 1 – point a
Amendment 597 #
Proposal for a regulation
Article 14 – paragraph 3 – subparagraph 1 – point b
Article 14 – paragraph 3 – subparagraph 1 – point b
(b) plans shall provide an evaluation of performance improvements over time, for the reference period covered by the performance plan, and additionally for the overall period comprising both the preceding reference period and the reference period covered by the performance plan;
Amendment 599 #
Proposal for a regulation
Article 14 – paragraph 3 – subparagraph 1 – point c
Article 14 – paragraph 3 – subparagraph 1 – point c
Amendment 601 #
Proposal for a regulation
Article 14 – paragraph 3 – subparagraph 2 – introductory part
Article 14 – paragraph 3 – subparagraph 2 – introductory part
Amendment 606 #
Proposal for a regulation
Article 14 – paragraph 3 – subparagraph 2 – point c a (new)
Article 14 – paragraph 3 – subparagraph 2 – point c a (new)
(ca) description of how the plan and targets within it contribute to the overall objectives of the Single European Sky referred to in Article 1(1).
Amendment 607 #
Proposal for a regulation
Article 14 – paragraph 5
Article 14 – paragraph 5
5. In the case of a designated air traffic service provider providing both en route air navigation services and terminal air navigation services, the draft performance plan for terminal air navigation services to be submitted to the national supervisory authority shall be the plan subject to a positive decision on the allocation of costs taken by the Agency acting as PRBnational supervisory authority in accordance with the third subparagraph of Article 13(6).
Amendment 610 #
Proposal for a regulation
Article 14 – paragraph 6 – introductory part
Article 14 – paragraph 6 – introductory part
6. The national supervisory authority shall assess the performance targets for terminal air navigation services and the performance plans according to the criteria and conditions set out in paragraph 3. Where paragraph 5 applies, the national supervisory authority shall base its assessment on the conclusions of the decision taken by the Agency acting as PRB in respect of theconsider its earlier decision on cost allocation of costs.
Amendment 613 #
Proposal for a regulation
Article 14 – paragraph 6 – subparagraph 2
Article 14 – paragraph 6 – subparagraph 2
Where the national supervisory authority finds that one or several performance targets for terminal air navigation services are not consistent with the Union-wide performance targets or the performance plan does not meet the additional conditions set out in paragraph 3, it shall deny the approval.
Amendment 618 #
Proposal for a regulation
Article 14 – paragraph 8 – subparagraph 2
Article 14 – paragraph 8 – subparagraph 2
Where the revised draft performance plan submitted in accordance with paragraph 7 is denied because it contains performance targets for terminal air navigation services that are still not consistent with the Union-wide performance targetsconditions described in paragraph 3, the national supervisory authority shall establish performance targets in consistency with the Union-wide performance targets for the designated air traffic service provider concerned, taking into account the findings made in the decision referred to in paragraph 6. The final draft performance plan to be presented by the designated air traffic service provider concerned shall include the performance targets thus established by the national supervisory authority as well as the measures to achieve those targets.
Amendment 621 #
Proposal for a regulation
Article 14 – paragraph 8 – subparagraph 3
Article 14 – paragraph 8 – subparagraph 3
Amendment 625 #
Proposal for a regulation
Article 14 – paragraph 8 – subparagraph 4
Article 14 – paragraph 8 – subparagraph 4
Where approval of the revised draft performance plan submitted in accordance with paragraph 7 is denied because it contains performance targets for terminal air navigation services that are not consistent with the Union-wide performance targets and because, in addition, it does not comply with the conditions set out in the third subparagraph of paragraph 3established by the national supervisory authority, the final draft performance plan to be presented by the designated air traffic service provider concerned shall include the performance targets established by the national supervisory authority in accordance with the third subparagraph and the measures to achieve those targets and shall contain the amendments necessary in view of the conditions the national supervisory authority has found not being met.
Amendment 641 #
Proposal for a regulation
Article 14 – paragraph 10 – subparagraph 2
Article 14 – paragraph 10 – subparagraph 2
Where performance targets are not reached or the performance plan is not correctly implemented, the national supervisory authority shall issue decisions requiring corrective measures to be implemented by the air traffic service providers. These corrective measures may include, where objectively necessary, a requirement for an air traffic service provider to delegate the provision of the relevant services to another air traffic service provider. Where the performance targets continue to be missed, or where the performance plan continues to be incorrectly implemented, or where corrective measures imposed are not or not properly applied, the national supervisory authority shallmay request the Agency acting as PRB to conduct an investigation in accordance with Article 24(2), and the Commission may take action in accordance with Article 24(3).
Amendment 643 #
Proposal for a regulation
Article 15
Article 15
Amendment 664 #
Proposal for a regulation
Article 17 – paragraph 3
Article 17 – paragraph 3
3. Designated air traffic service providers may request permission from the Agency acting as PRB as regards en route air navigation services, or from national supervisory authority concerned as regards terminal air navigation services,national supervisory authority to revise one or several performance targets during a reference period. Such a request can be made where alert thresholds are reached, or where the designated air traffic service providers demonstrate that the initial data, assumptions and rationales underpinning the performance targets are to a significant and lasting extent no longer accurate due to circumstances that were unforeseeable at the time of the adoption of the performance plan.
Amendment 667 #
Proposal for a regulation
Article 17 – paragraph 4
Article 17 – paragraph 4
4. The Agency acting as PRB as regards en route air navigation services, or the national supervisory authority concerned as regards terminal air navigation services,national supervisory authority concerned shall authorise the designated air traffic service provider concerned to proceed with the intended revision only if it is necessary and proportionate, and wheren en route services are concerned where it is demonstrated that the revised performance targets ensure thatare consistencyt with the Union-wide performance targets is maintainedto the maximum extent possible. Where the revision has been authorised, designated air traffic service providers shall adopt new draft performance plans, in accordance with the procedures set out in Articles 13 and 14.
Amendment 671 #
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
For the implementation of the performance scheme, the Commission shall adopt detailed requirements and procedures in respect of Articles 10(2), 10(3), 11, 12, 13, 14, 15, 16 as well as 17, in particular as regards the development of draft performance plans, the setting of performance targets, the criteria and conditions for their assessment, the methodology for allocation of costs between en route and terminal air navigation services, the monitoring of performance and issuance of corrective measures, the revision of performance plans and targets and the timetables for all procedures. Those requirements and procedures shall be set out in an implementing act adopted in accordance with the advisoryexamination procedure referred to in Article 37(23).
Amendment 678 #
Proposal for a regulation
Article 19 – paragraph 1
Article 19 – paragraph 1
1. Without prejudice to the possibility for Member States to finance the provision of air trafficnavigation services covered in this Article through public funds, charges for air navigation services shall be determined, imposed and enforced on airspace users.
Amendment 679 #
Proposal for a regulation
Article 19 – paragraph 2
Article 19 – paragraph 2
2. Charges shall be based on the costs of air traffic service providers in respectcurred either directly or indirectly in relation to the provision of services and functions delivered for the benefit ofto or ultimately beneficial for airspace users over fixed reference periods as defined in Article 10(2). Those costs may include a reasonable return on assets to contribute towards necessary capital improvements.
Amendment 681 #
Proposal for a regulation
Article 19 – paragraph 3
Article 19 – paragraph 3
3. Charges shall encourage the safe, efficient, effective and sustainable provision of air navigation services with a view to achieving a high level of safety and cost-efficiency and meeting the performance targets and they shall stimulate integrated service provision, whilst reducing the environmental impact of aviation.
Amendment 685 #
Proposal for a regulation
Article 19 – paragraph 5
Article 19 – paragraph 5
5. Revenues from charges imposed on airspace users in accordance with this Article shall not be used to finance terminal air navigation services which are provided under market conditions in accordance with Article 8.
Amendment 688 #
Proposal for a regulation
Article 19 – paragraph 6
Article 19 – paragraph 6
6. Financial data on determined costs, and actual costs and revenues of designated air traffic service providers shall be reported to national supervisory authorities and the Agency acting as PRB andwhen en-route services are concerned to the Agency acting as PRB. Without prejudice to protection of confidential or sensitive data, including data on services provided under market conditions, this information on costs shall be made publicly available.
Amendment 692 #
Proposal for a regulation
Article 20 – paragraph 3 – point a
Article 20 – paragraph 3 – point a
(a) costs incurred by the air traffic service providers for fees and charges and annual contributions paid to the Agency acting as PRB;
Amendment 695 #
Proposal for a regulation
Article 20 – paragraph 3 – point b
Article 20 – paragraph 3 – point b
(b) costs or parts thereof incurred by the air traffic service providers, in relation to their oversight and certification by national supervisory authorities, unless other financial resources are used by Member States to cover such costs;
Amendment 696 #
Proposal for a regulation
Article 20 – paragraph 3 – point c a (new)
Article 20 – paragraph 3 – point c a (new)
(ca) costs of Eurocontrol, unless other financial resources are used by Member States to cover these costs.
Amendment 701 #
Proposal for a regulation
Article 20 – paragraph 4
Article 20 – paragraph 4
4. Determined costs shall not include the costs of penalties imposed by Member States referred to in Article 42 nor the costs of any corrective measures referred to in Article 13(11) and Article 14(10).
Amendment 706 #
Proposal for a regulation
Article 20 – paragraph 6
Article 20 – paragraph 6
6. Designated air traffic service providers shall provide details of their cost base to the Agency acting as PRB, the national supervisory authorities, and the Commission and, when en route services are concerned, to the Agency acting as PRB. To this end, costs shall be broken down in line with the separation of accounts referred to in Article 25(3), and by distinguishing staff costs, operating costs other than staff costs, depreciation costs, cost of capital, costs incurred for fees and charges paid to the Agency acting as PRB,referred to in Article 20(3) and exceptional costs.
Amendment 711 #
Proposal for a regulation
Article 21 – paragraph 2 – introductory part
Article 21 – paragraph 2 – introductory part
2. Unit rates shall be set by the national supervisory authorities, after verification by the Agency acting as PRB that they comply with Article 19, Article 20 and with this Article. Where the Agency acting as PRB finds that a unit rate does not fulfill those requirements, the unit rate shall be reviewed accordingly by the national supervisory authority concerned. Where a unit rate continues to not fulfill those requirements, the Agency acting as PRB shall conduct an investigation and provide an opinion to the Commission in accordance with Article 24(2), and the Commission may take action in accordanceMember States, where applicable in line with the EUROCONTROL Multilateral Agreement relating to Route Charges and in compliance with Article 19, Article 20 and with this Article 24(3).
Amendment 715 #
Proposal for a regulation
Article 21 – paragraph 2 – subparagraph 1
Article 21 – paragraph 2 – subparagraph 1
For charging purposes, and when congestion causes significant network problems including deterioration of environmental performance, the Commission may define, by way of an Implementing Regulation adopted in accordance with the examination procedure referred to in Article 37(3), a common unit rate for en route air navigationtraffic services across the Single European Sky airspace, and detailed rules and procedures for its application. In order to assess the impact on the traffic forecast of each original charging zones and the impact on the total number of service units, an ex-ante impact assessment shall be conducted prior to the concept of a common unit rate being proposed by the Commission in accordance with the preceding subparagraph. The Commission shall also conduct consultation with stakeholders before any draft implementing regulation is presented in accordance with the preceding subparagraph. The common unit rate referred to in the first subparagraph shall be calculated on the basis of a weighted average of the different unit rates of the air navigationtraffic service providers concerned. The proceeds of the common unit rate shall be reallocated so as to achieve revenue neutrality for those air traffic service providers concerned.
Amendment 722 #
Proposal for a regulation
Article 22 – paragraph 2
Article 22 – paragraph 2
2. The charge for en route air navigation services for a given flight in a given en route charging zone shall be calculated on the basis of the unit rate established for that en route charging zone and the en route service units for that flight. The charge shall be made out of one or more variable components, each based on objective factors.
Amendment 727 #
Proposal for a regulation
Article 22 – paragraph 3
Article 22 – paragraph 3
3. The charge for terminal air navigation services for a given flight in a given terminal charging zone shall be calculated on the basis of the unit rate established for that terminal charging zone and the terminal service units for that flight. For the purpose of calculating the charge for terminal air navigation services, the approach and departure of a flight shall count as a single flight. The charge shall be made out of one or more variable components, each based on objective factors.
Amendment 736 #
Proposal for a regulation
Article 22 – paragraph 5
Article 22 – paragraph 5
5. CFollowing consultation with stakeholders, charges shallmay be modulated to encourage air navigation service providers, airports and airspace users to support improvements in environmental performance, or service quality such as increased use of sustainable alternative fuels, increased capacity, reduced delays and sustainable development, while maintaining an optimum safety level, in particular for implementing the European ATM Master Plan. The modulation shall consist of financial advantages or disadvantages and shall be preceded by an analysis confirming how revenue neutrality for air traffic service providers will be ensured.
Amendment 744 #
Proposal for a regulation
Article 23 – paragraph 1
Article 23 – paragraph 1
For the implementation of the charging scheme, the Commission shall adopt detailed requirements and procedures in respect of Articles 19, 20, 21 and 22 in particular regarding the cost bases and determined costs, the setting of unit rates, the incentives schemes and risk sharing mechanisms and the modulation of charges. Those requirements and procedures shall be set out in an implementing act adopted in accordance with the advisoryexamination procedure referred to in Article 37(23).
Amendment 749 #
Proposal for a regulation
Article 24 – paragraph 1
Article 24 – paragraph 1
1. TWithout prejudice to the tasks of the national supervisory authorities and the Agency acting as PRB, the Commission shall regularlyprovide for ongoing review theof compliance with Articles 10 to 17 and 19 to 22 and the implementing acts referred to in Articles 18 and 23, by the air traffic service providers and the Member States, as the case may be. The Commission shall act in consultation with the Agency acting as PRB and with national supervisory authorities.
Amendment 752 #
Proposal for a regulation
Article 24 – paragraph 2
Article 24 – paragraph 2
2. At the request of one or more Member States, of a national supervisory authority or of the Commission, the Agency acting as PRB shall carry out an investigation into any allegation of non- compliance as referred to in paragraph 1 in cases where en route air navigation services are concerned. Where it has indications of such non- compliance, the Agency acting as PRB may initiate an investigation on its own initiative. It shall conclude the investigation within four months of receipt of a request, after having heard the Member State, the national supervisory authority concerned and the designated air traffic service provider concerned. Without prejudice to Article 41(1), the Agency acting as PRB shall share the results of the investigation with the Member States concerned, the air traffic service providers concerned and the Commission. Results of the investigation may be subject to appeal.
Amendment 760 #
Proposal for a regulation
Article 25 – paragraph 1
Article 25 – paragraph 1
1. ASubject to the protection of confidential information and except where pertaining to air navigation services provided under market conditions in accordance with Article 8, air navigation service providers, independently of their system of ownership or legal structures , shall annually draw up and publish their financial accounts. These accounts shall comply with the international accounting standards adopted by the Union . Where, owing to the legal status of the air navigation service provider, full compliance with the international accounting standards is not possible, the provider shall achieve such compliance to the maximum possible extent. Air navigation service providers shall publish an annual report and regularly undergo an independent audit for the accounts referred to in this paragraph .
Amendment 763 #
Proposal for a regulation
Article 25 – paragraph 2
Article 25 – paragraph 2
2. National supervisory authorities and the Agency acting as PRB shall have the right to access the accounts of the air navigation service providers under their supervision. Access to these accounts shall be granted to the Agency acting as PRB in cases where demonstrably necessary for carrying out its tasks, subject to prior consent from the national supervisory authority concerned. Member States may decide to grant access to these accounts to other supervisory authorities.
Amendment 766 #
Proposal for a regulation
Article 25 – paragraph 3 – introductory part
Article 25 – paragraph 3 – introductory part
3. AWithout prejudice to Article 46(2), air navigation service providers shall , in their internal accounting, keep separate accounts for each air navigation service as they would be required to do if these services were carried out by separate undertakings with a view to avoiding discrimination, cross-subsidisation in accordance with Article 20(5), and distortion of competition. An air navigation service provider shall also keep separate accounts for each activity where:
Amendment 769 #
Proposal for a regulation
Article 25 – paragraph 3 – subparagraph 1
Article 25 – paragraph 3 – subparagraph 1
Amendment 773 #
Proposal for a regulation
Article 25 – paragraph 4
Article 25 – paragraph 4
4. The financial data on costs and revenues reported in accordance with Article 19(6) and other information relevant for the calculation of unit rates shall be audited or verified by the national supervisory authority or an entity independent of the air navigation service provider concerned and approved by the national supervisory authority. The conclusions of the audit shall be made publicly availablereported by the national supervisory authority to the air navigation service provider, the Member State concerned and – where en route services are concerned – to the Agency acting as PRB.
Amendment 783 #
Proposal for a regulation
Article 26 – paragraph 1
Article 26 – paragraph 1
1. The air traffic management network functions shall ensure the sustainable and efficient use of the airspace and of scarce resources. and They shall also ensure that airspace users can operate environmentally optimal trajectories, while allowing maximum access to airspace and air navigation services. Those network functions , enumerated in paragraphs 2 and 3, shall support the achievement of the Union-wide performance targets and shall be based on operational requirements and aimed at supporting initiatives at regional and local level and shall be executed in a manner which respects the separation of regulatory and operational tasks.
Amendment 786 #
Proposal for a regulation
Article 26 – paragraph 2
Article 26 – paragraph 2
Amendment 793 #
Proposal for a regulation
Article 26 – paragraph 3 – introductory part
Article 26 – paragraph 3 – introductory part
3. The network functions referred to in paragraph 1 also include the following:
Amendment 796 #
Proposal for a regulation
Article 26 – paragraph 3 – point a
Article 26 – paragraph 3 – point a
(a) the design of the European airspace structures as well as optimisation of airspace design for the network and facilitation of delegation of air traffic services provision through co- operation with the air traffic service providers and Member State authorities;
Amendment 800 #
Proposal for a regulation
Article 26 – paragraph 3 – point b
Article 26 – paragraph 3 – point b
(b) managementfacilitation of the delivery of air traffic control capacity in the network as set out in the binding Network Operations Plan (NOP);
Amendment 805 #
Proposal for a regulation
Article 26 – paragraph 3 – point d
Article 26 – paragraph 3 – point d
(d) air traffic flow andmanagement extended to capacity management service;
Amendment 808 #
Proposal for a regulation
Article 26 – paragraph 3 – point e
Article 26 – paragraph 3 – point e
(e) the management ofcontributing to the planning, monitoring and coordination of implementation activities of the deployment of infrastructure in the European ATM networknecessary for the execution of the network functions, in accordance with the European ATM Master Plan, taking into account operational needs and associated operational procedures through a partnership led by operational stakeholders;
Amendment 812 #
Proposal for a regulation
Article 26 – paragraph 3 – point f a (new)
Article 26 – paragraph 3 – point f a (new)
(fa) the coordination of scarce resources within aviation frequency bands used by general air traffic, in particular radio frequencies as well as coordination of radar transponder codes.
Amendment 818 #
Proposal for a regulation
Article 26 – paragraph 5
Article 26 – paragraph 5
Amendment 821 #
Proposal for a regulation
Article 26 a (new)
Article 26 a (new)
Article 26a Cooperative decision-making 1. Network functions set out in article 26 shall be executed through a cooperative decision making involving all the relevant actors, in particular operational stakeholders – air traffic service providers, air navigation services providers, Network Manager and – when necessary – airport operators and airspace users. Cooperative decision-making should, to the maximum possible extent, aim at improving the functioning and performance of the network. 2. To the extent defined in the implementing regulation referred to in article 26(5) and when a decision could not be reached, cooperative decision making shall also involve Member States. 3. With respect to the provisions of this regulation and principles established by the Commission in the implementing regulation referred to in article 26(5) Network Manager shall coordinate development of cooperative decision- making processes. 4. Unless otherwise provided for in this regulation or in the implementing regulation referred to in article 26(5), all the decisions related to the execution of the network functions, regardless of its form or nature, shall be taken through cooperative decision making process.
Amendment 823 #
Proposal for a regulation
Article 27 – paragraph 1
Article 27 – paragraph 1
1. In order to achieve the objectives referred to in Article 26, the Commission, supported by the Agency where relevant, shall ensure that the Network Manager contributes to the execution of the network functions set out in Article 26, by carrying out the tasks referred to in paragraph 4 . The execution of Network Manager tasks shall be measured by clear specification of the required services and performance, including appropriate agreements, such as service level agreements between the Commission and the Network Manager and between the operational stakeholders and the Network Manager regarding tasks and quality of service and conditions.
Amendment 832 #
Proposal for a regulation
Article 27 – paragraph 3
Article 27 – paragraph 3
3. The tasks of the Network Manager shall be executed in an independent, impartial and cost efficient manner . They shall be subject to appropriate governance, which shall recognise separate accountabilities for the service provision and regulation where the competent body designafrom any other activities performed by the entity appointed as the Network Manager also has regulatory functions. In the execution of its tasks, the Network Manager shall take into consideration the needs of the whole ATM network and shall fully involve the airspace users, air navigation service providers , aerodrome operators and the military.
Amendment 836 #
Proposal for a regulation
Article 27 – paragraph 4
Article 27 – paragraph 4
4. The Network Manager shall contribute to the execution of the network functions through support measures aimed at safe and efficient planning and operations of the operational stakeholders within the network under normal and crisis conditions and through measures aimed at the continuous improvement of network operations in the Single European Sky and the overall performance of the network, especially regarding the implementation of the performance scheme. The action taken by the Network Manager shall take account of the need to fully integrate the airports in the network.
Amendment 847 #
Proposal for a regulation
Article 27 – paragraph 6 – point a
Article 27 – paragraph 6 – point a
(a) decidepropose in coordination with the operational stakeholders on individual measures to implement the network functions and to support the effective implementation of the binding Network Operations Plan and the achievement of the binding performance targets;
Amendment 860 #
Proposal for a regulation
Article 27 – paragraph 9
Article 27 – paragraph 9
9. Aspects of design of airspace structures other than those referred to in paragraphs 2 and 3 of Article 26 shall be addressed by Member States. In this regard, Member States shall take into account air traffic demands, seasonality and complexity of air traffic and of performance plans. Before deciding on those aspects, they shall consult and they shall take under due consideration needs of airspace users concerned or groups representing such airspace users and military authorities as appropriate.
Amendment 864 #
Proposal for a regulation
Article 29 – paragraph 1
Article 29 – paragraph 1
The air traffic service providers shall establish consultation mechanisms to consult the relevant airspace users and aerodrome operators on all major issues related to services provided, including relevant changes to airspace configurations, or strategic investments which have a relevant impact on air traffic management and air navigation service provision and/or charges. The airspace users shall also be involved in the process of approving strategic investment plans. The Commission shall adopt measures detailing the modalities of the consultation and of the involvement of airspace users in approving investment plans. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 37 (3).
Amendment 875 #
Proposal for a regulation
Article 31 – paragraph 2
Article 31 – paragraph 2
Amendment 888 #
Proposal for a regulation
Article 35 – paragraph 1
Article 35 – paragraph 1
1. The Commission may set up common projects for implementing the essential operational changes identified in the European ATM Master Plan havingwhich: a) have a network-wide impact. ; b) require synchronised implementation of multiple operational stakeholders in order to achieve timely performance benefits; c) reached sufficient maturity; and d) aim to enable interoperable capabilities in all Member States.
Amendment 889 #
Proposal for a regulation
Article 35 – paragraph 2
Article 35 – paragraph 2
Amendment 896 #
Proposal for a regulation
Article 35 – paragraph 4
Article 35 – paragraph 4
4. The Commission shall establish the common projects and governance mechanisms referred to in paragraphs 1 and 2 through implementing acts adopted in accordance with the examination procedure referred to in Article 37(3).
Amendment 897 #
Proposal for a regulation
Article 35 a (new)
Article 35 a (new)
Article 35a European Deployment and Infrastructure Management 1. In order to achieve a Union-wide coordinated approach for the deployment of European ATM infrastructure identified in the European ATM Master Plan, the Commission shall establish the European Deployment and Infrastructure Management function. 2. The European Deployment and Infrastructure Management function shall carry out the following tasks in accordance with the ATM Master Plan: a) planning, monitoring and coordinating implementation activities of the deployment of European ATM infrastructure, taking into account operational needs and associated operational procedures, including common projects referred to in Article 35; b) advise the Commission and provide information to the PRB on the deployment of European ATM Infrastructure, in particular to identify investments necessary for the implementation of common projects referred to in Article 35. 3. The Commission may select an aggregation of operational stakeholders’ groupings to perform the European Deployment and Infrastructure Management function. The selection shall take the form of an award of a framework partnership following a call for proposals in accordance with Article 130 of Regulation (EU, Euratom) No 2018/1046. 4. The Commission shall establish detailed rules for the execution and tasks of the European Deployment and Infrastructure Management function referred to in paragraphs 1 and 2, including governance mechanisms and decision-making processes, through implementing acts adopted in accordance with the examination procedure referred to in Article 37(3). 5. For the purpose of the European Deployment and Infrastructure Management function operational stakeholders shall be understood as civil and military airspace users, air navigation service providers, airport operators, and the Network Manager.
Amendment 925 #
Proposal for a regulation
Article 46 – paragraph 2 – introductory part
Article 46 – paragraph 2 – introductory part
2. Article 3(3) shall apply from [OP please insert the date - 48and article 25(3) shall apply from [XY months after the entry into force of this Regulation to become applicable as from 1 January 2025].