50 Amendments of Peter van DALEN related to 2015/0277(COD)
Amendment 297 #
Proposal for a regulation
Recital 22
Recital 22
(22) The Agency and the national competent 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. 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. This pooling however, shall in no way lead to any additional burden or charges for the aviation industry. The pool also shall not lead to an initiative to increase charges or financial benefits by 'harmonizing to the highest value'.
Amendment 447 #
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Each Member State shall, in cooperation with relevant industry stakeholders, establish a national aviation safety programme for the management of civil aviation safety in relation to the aviation activities under its responsibility (the 'National Aviation Safety Programme'). That programme shall be commensurate with the size and the complexity of those activities and shall be consistent with the European Aviation Safety Programme.
Amendment 457 #
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. The National Aviation Safety Programme shall be accompanied by a National Plan for Aviation Safety. Based on the assessment of relevant safety information, each Member State, in cooperation with relevant industry stakeholders, shall identify in that plan the main safety risks affecting its national civil aviation safety system and set out the necessary actions to mitigate those risks.
Amendment 474 #
Proposal for a regulation
Article 18 – paragraph 1 – introductory part
Article 18 – paragraph 1 – introductory part
1. For the aircraft referred to in Article 2(1)(a) and (b) and their engines, propellers, parts and non-installed equipment, the Commission shall be empowered to adopt delegatedimplementing acts in accordance with Article 117 to lay down detailed rules with regard to:
Amendment 482 #
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 delegatedimplementing 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 489 #
Proposal for a regulation
Article 21
Article 21
Amendment 500 #
Proposal for a regulation
Article 22
Article 22
Amendment 504 #
Proposal for a regulation
Article 24
Article 24
Amendment 506 #
Proposal for a regulation
Article 25 – paragraph 1 – introductory part
Article 25 – paragraph 1 – introductory part
1. For 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 to adopt delegatedimplementing acts in accordance with Article 117 to lay down detailed rules with regard to:
Amendment 515 #
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 delegatedimplementing 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 523 #
Proposal for a regulation
Article 28 – paragraph 1 – introductory part
Article 28 – paragraph 1 – introductory part
1. For the operation of aircraft referred to in Article 2(1)(b), the Commission shall be empowered to adopt delegatedimplementing acts in accordance with Article 117 to lay down detailed rules with regard to:
Amendment 533 #
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 delegatedimplementing 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 574 #
Proposal for a regulation
Article 34 – paragraph 1 – introductory part
Article 34 – paragraph 1 – introductory part
1. For aerodromes, safety-critical aerodrome equipment, the operation of aerodromes and the provision of ground handling and apron management services at aerodromes, the Commission shall be empowered to adopt delegatedimplementing acts in accordance with Article 117 to lay down detailed rules with regard to:
Amendment 586 #
Proposal for a regulation
Article 34 – paragraph 2
Article 34 – paragraph 2
2. As regards aerodromes, aerodrome equipment, the operation of aerodromes, and ground handling and apron management services the Commission shall be empowered, by means of delegatedimplementing acts adopted in accordance with Article 117, to amend or supplement Annex VII and, if applicable, Annex VIII, where necessary for reasons of technical, operational or scientific developments or safety evidence related to the aerodromes, in order and to the extent required to achieve the objectives laid down in Article 1.
Amendment 603 #
Proposal for a regulation
Article 39 – paragraph 1 – introductory part
Article 39 – paragraph 1 – introductory part
1. For the provision of ATM/ANS, the Commission shall be empowered to adopt delegatedimplementing acts in accordance with Article 117 to lay down detailed rules with regard to:
Amendment 605 #
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 delegatedimplementing 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 620 #
Proposal for a regulation
Article 44 – paragraph 1 – introductory part
Article 44 – paragraph 1 – introductory part
1. For air traffic controllers, as well as persons and organisations involved in the training, testing, checking or medical assessment of air traffic controllers, the Commission shall be empowered to adopt delegatedimplementing acts in accordance with Article 117 to lay down detailed rules with regard to:
Amendment 626 #
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 delegatedimplementing 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 638 #
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 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 644 #
Proposal for a regulation
Article 47 – paragraph 1 – introductory part
Article 47 – paragraph 1 – introductory part
1. For 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 to adopt delegatedimplementing acts in accordance with Article 117 in order to lay down detailed rules with regard to:
Amendment 658 #
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 delegatedimplementing 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 evidence related to air operations, in order and to the extent required to achieve the objectives laid down in Article 1.
Amendment 662 #
Proposal for a regulation
Article 50 – paragraph 1 – introductory part
Article 50 – paragraph 1 – introductory part
1. For the aircraft referred to in Article 2(1)(c), as well as their aircrew and their operations, the Commission shall be empowered to adopt delegatedimplementing acts in accordance with Article 117 to lay down detailed rules with regard to:
Amendment 679 #
Proposal for a regulation
Article 52
Article 52
Amendment 700 #
Proposal for a regulation
Article 53 – paragraph 4 – subparagraph 1
Article 53 – paragraph 4 – subparagraph 1
When a Member State intends to transfer certain responsibilities in accordance with paragraphs 1 or 2, it shall establish jointly with the Agency or with the other Member State, as applicable, a transition plan that ensures an orderly transfer of those responsibilities. The legal and natural persons, including all relevant stakeholders, concerned by the transfer and, in case of a transfer referred to in paragraph 2, the Agency shall be consulted on during the establishment of that transition plan, and again before it is finalised. It shall carry out jointly with the Agency or with the other Member State, as applicable, and in consultation with relevant stakeholders, an impact assessment covering, among others, any social, economic or employment repercussions. The transition plan shall include means to effectively mitigate against any negative impacts identified in the impact assessment.
Amendment 718 #
Proposal for a regulation
Article 54 – paragraph 1 – subparagraph 1
Article 54 – paragraph 1 – subparagraph 1
Amendment 721 #
Proposal for a regulation
Article 54 – paragraph 1 – subparagraph 2
Article 54 – paragraph 1 – subparagraph 2
Such a request may also be made by two or more organisations, each of which has a principal place of business in a different Member State and each of which holds or is eligible to apply for a certificate in accordance with the provisions of Chapter III for the same type of aviation activity. That request may be made only with the agreement of all national competent authorities of the Member States of establishment.
Amendment 722 #
Proposal for a regulation
Article 54 – paragraph 1 – subparagraph 3
Article 54 – paragraph 1 – subparagraph 3
Amendment 759 #
Proposal for a regulation
Article 59 – paragraph 2 – subparagraph 1
Article 59 – paragraph 2 – subparagraph 1
Where the duration of the measures referred to in paragraph 1 exceeds eighttwo consecutive months or where a Member State has taken the same measures repetitively and their total duration exceeds eighttwo months, the Agency shall assess whether the conditions of paragraph 1 have been met and issue, within three months from the date of the reception of the notification referred to in paragraph 1, a recommendation to the Commission as regards the outcome of that assessment. The Agency shall include that recommendation in the repository established under Article 63.
Amendment 763 #
Proposal for a regulation
Article 60 – paragraph 2 – subparagraph 1
Article 60 – paragraph 2 – subparagraph 1
Where the duration of the exemptions referred to in paragraph 1 exceeds eighttwo consecutive months or where a Member State has granted the same exemptions repetitively and their total duration exceeds eighttwo months, the Agency shall assess whether the conditions of paragraph 1 have been met and issue, within three months from the date of the reception of the notification referred to in paragraph 1, a recommendation to the Commission as regards the outcome of that assessment. The Agency shall include that recommendation in the repository established under Article 63.
Amendment 788 #
Proposal for a regulation
Chapter 5 – section 1
Chapter 5 – section 1
Amendment 789 #
Proposal for a regulation
Article 64
Article 64
Amendment 791 #
Proposal for a regulation
Article 65
Article 65
Amendment 807 #
Proposal for a regulation
Article 66
Article 66
Amendment 810 #
Proposal for a regulation
Article 67
Article 67
Amendment 813 #
Proposal for a regulation
Article 68
Article 68
Amendment 815 #
Proposal for a regulation
Article 69
Article 69
Air traffic controller certification The Agency shall be responsible for the tasks related to certification, oversight, and enforcement in accordance with Article 51(3) with respect to the certificates for the air traffic controller training organisations referred to in Article 42, where those organisations have their principal place of business located outside the territory for which a Member State is responsible under the Chicago Convention and, where relevant, their personnel.rticle 69 deleted
Amendment 818 #
Proposal for a regulation
Article 70
Article 70
Amendment 820 #
Proposal for a regulation
Article 71
Article 71
Amendment 821 #
Proposal for a regulation
Article 72
Article 72
Amendment 834 #
Proposal for a regulation
Article 73
Article 73
Amendment 839 #
Proposal for a regulation
Article 74
Article 74
Amendment 845 #
Proposal for a regulation
Article 75
Article 75
Amendment 865 #
Proposal for a regulation
Article 76
Article 76
Amendment 896 #
Proposal for a regulation
Article 77
Article 77
Amendment 904 #
Proposal for a regulation
Article 78
Article 78
Amendment 906 #
Proposal for a regulation
Article 79
Article 79
Amendment 909 #
Proposal for a regulation
Article 80
Article 80
Amendment 953 #
Proposal for a regulation
Article 104 – paragraph 2
Article 104 – paragraph 2
2. When the Agency, pursuant to Article 65(1) and (3), develops opinions, certification specifications, acceptable means of compliance and guidance material, it shall establish a procedure for the prior consultation of the Member States. To that effect, it may create a working group in which each Member State is entitled to designate an expert. When consultation relating to military aspects is required, the Agency shall also involve the European Defence Agency. When consultation relating to the possible social impact of thoseand workplace health and safety impact of measures oftaken by the Agency is required, the Agency shall involve stakeholders, including the EU social partners.
Amendment 968 #
Proposal for a regulation
Article 109 – paragraph 1 – point f
Article 109 – paragraph 1 – point f
Amendment 1000 #
Proposal for a regulation
Article 123
Article 123