46 Amendments of Ismail ERTUG related to 2013/0186(COD)
Amendment 170 #
Proposal for a regulation
Article 3 – paragraph 3 – introductory part
Article 3 – paragraph 3 – introductory part
3. Without prejudice to paragraph 1, tThe national supervisory authorities shall be legally distinct and independent from any other public or private entityindependent in terms of their organisation, functioningding decisions, legal structure and decision-making from any air navigation service provider.
Amendment 272 #
Proposal for a regulation
Article 6
Article 6
Amendment 304 #
Proposal for a regulation
Article 7 – paragraph 1 – introductory part
Article 7 – paragraph 1 – introductory part
1. Member States shall ensure the provision of air traffic services on an exclusive basis within specific airspace blocks in respect of the airspace under their responsibility. For this purpose, Member States shall individually or collectively, designate one or more air traffic service provider(s)designate an air traffic service provider holding a valid certificate or declaration in the Union. The air traffic service providers shall fulfill the following conditions:
Amendment 305 #
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 312 #
Proposal for a regulation
Article 7 – paragraph 1 – subparagraph 1
Article 7 – paragraph 1 – subparagraph 1
Amendment 318 #
Proposal for a regulation
Article 7 – paragraph 1 a (new)
Article 7 – paragraph 1 a (new)
1a. For the provision of cross-border services, Member States shall ensure that compliance with this Article and Article 18 10(3) is not prevented by their national legal system requiring that air traffic service providers providing services in the airspace under the responsibility of that Member State
Amendment 321 #
Proposal for a regulation
Article 7 – paragraph 2 – point a
Article 7 – paragraph 2 – point a
(a) be owned directly or through a majority holding by theat designating Member State or its nationals;
Amendment 322 #
Proposal for a regulation
Article 7 – paragraph 2 – point b
Article 7 – paragraph 2 – point b
(b) have their principal place of operation or registered office in the territory of the designatingat Member State;
Amendment 323 #
Proposal for a regulation
Article 7 – paragraph 2 – point c
Article 7 – paragraph 2 – point c
(c) use only facilities in theat designating Member State.
Amendment 327 #
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
3. Member States shall specify the rights and obligations to be met by the air traffic service providers , designated individually or jointly. The obligations shall include conditions for making available relevant data enabling all aircraft movements to be identified in the airspace under their responsibility.
Amendment 351 #
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 users, Member States shallmay allow airport operators to procure terminal air traffic services for aerodrome control under market conditions.
Amendment 369 #
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
3. Where CNS, AIS, ADS, MET and terminal air traffic services for approach and aerodrome control are decided to be procured under market conditions Member States shall take all necessary measures to ensure that the provision of en route air traffic services is separated in terms of organisation from the provision of CNS, AIS, ADS, MET and terminal air traffic services and that the requirement concerning the separation of accounts referred to in Article 25(3) is respected.
Amendment 419 #
Proposal for a regulation
Article 10 – paragraph 2 – subparagraph 1
Article 10 – paragraph 2 – subparagraph 1
The Commission may add additional key performance areas for performance target setting or monitoring purposes, where necessary to improve performance before each reference period in accordance with the examination procedure referred to in Article 37(3).
Amendment 465 #
Proposal for a regulation
Article 13 – paragraph 1 – introductory part
Article 13 – paragraph 1 – introductory part
1. The designated air traffic service providers for en route air traffic services shall,National Supervisory Authorities shall draw up for each reference period, adopt draft performance plans in respect of all the en route air navigation services which they provide and, where applicable, procure from other providers.
Amendment 471 #
Proposal for a regulation
Article 13 – paragraph 1 – subparagraph 1
Article 13 – 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 en route air navigation services in the key performance areas of the 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 473 #
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 providerthe National Supervisory Authorities 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 483 #
Proposal for a regulation
Article 13 – paragraph 3 – introductory part
Article 13 – paragraph 3 – introductory part
3. Draft pPerformance plans for en route air navigation services shall contain performance targets for en route air navigation serviceshall contain performance targets that are consistent with the respective Union-wide performance targets in all key performance areas and fulfil the additional conditions laid down in the third subparagraph.
Amendment 487 #
Proposal for a regulation
Article 13 – paragraph 3 – subparagraph 1 – introductory part
Article 13 – paragraph 3 – subparagraph 1 – introductory part
Consistency of performance targets for en route air navigation service with Union- wide performance targets shall be established according towhen one of the following criteria is met:
Amendment 488 #
Proposal for a regulation
Article 13 – paragraph 3 – subparagraph 1 – point a
Article 13 – paragraph 3 – subparagraph 1 – point a
Amendment 489 #
Proposal for a regulation
Article 13 – paragraph 3 – subparagraph 1 – point b
Article 13 – paragraph 3 – subparagraph 1 – point b
(b) 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 andfor the reference period covered by the performance plan;
Amendment 491 #
Proposal for a regulation
Article 13 – paragraph 3 – subparagraph 1 – point c
Article 13 – paragraph 3 – subparagraph 1 – point c
(c) comparison of the planned level of performance of the air trafficnavigation service provider concerned with other air trafficnavigation service providers being part of the same benchmark group.
Amendment 493 #
Proposal for a regulation
Article 13 – paragraph 3 – subparagraph 2 – introductory part
Article 13 – paragraph 3 – subparagraph 2 – introductory part
In addition, the draft performance plan must comply with the following conditions: shall take into account the key assumptions applied as a basis for target setting and measures intended to achieve the targets during the reference period and shall be complete in terms of data and supporting material.
Amendment 494 #
Proposal for a regulation
Article 13 – paragraph 3 – subparagraph 2 – point a
Article 13 – paragraph 3 – subparagraph 2 – point a
Amendment 495 #
Proposal for a regulation
Article 13 – paragraph 3 – subparagraph 2 – point b
Article 13 – paragraph 3 – subparagraph 2 – point b
Amendment 496 #
Proposal for a regulation
Article 13 – paragraph 3 – subparagraph 2 – point c
Article 13 – paragraph 3 – subparagraph 2 – point c
Amendment 497 #
Proposal for a regulation
Article 13 – paragraph 4
Article 13 – paragraph 4
Amendment 503 #
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 servicesreferred to in paragraph 1, shall be submitted to the Agency acting as PRB for assessment and approval.
Amendment 505 #
Proposal for a regulation
Article 13 – paragraph 6
Article 13 – paragraph 6
Amendment 517 #
Proposal for a regulation
Article 13 – paragraph 7 – introductory part
Article 13 – paragraph 7 – introductory part
7. The Agency acting as PRB 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. Where paragraph 6 applies, this assessment shall take place after a dec and subject to the provisions on the allocation of costs has been taken in accordance with the fourth subparagraph of paragraph 6f Article 14 and Article 15 of Commission Implementing Regulation (EU) 2019/317.
Amendment 521 #
Proposal for a regulation
Article 13 – paragraph 7 – subparagraph 1
Article 13 – paragraph 7 – subparagraph 1
Amendment 522 #
Proposal for a regulation
Article 13 – paragraph 7 – subparagraph 2
Article 13 – paragraph 7 – subparagraph 2
Amendment 526 #
Proposal for a regulation
Article 13 – paragraph 8
Article 13 – paragraph 8
Amendment 531 #
Proposal for a regulation
Article 13 – paragraph 9
Article 13 – paragraph 9
Amendment 555 #
Proposal for a regulation
Article 13 – paragraph 10
Article 13 – paragraph 10
10. Draft performance plans approved by the Agency acting as PRBCommission shall be adopted by the designated air traffic service providersNational Supervisory Authority concerned as definitive plans, and shall be made publicly available.
Amendment 559 #
Proposal for a regulation
Article 13 – paragraph 11 – introductory part
Article 13 – paragraph 11 – introductory part
11. The Agency acting as PRB shall issue regular reports, within the time limits referred to in the implementing acts to be adopted in accordance with Article 18, on the monitoring of performance of en route air navigation services and network functions, including regular assessments of the achievement of the en route Union- wide performance targets and of performance targets for en route air navigation services for air trafficfor air navigation service providers and making the results of those assessments publicly available.
Amendment 562 #
Proposal for a regulation
Article 13 – paragraph 11 – subparagraph 1
Article 13 – paragraph 11 – subparagraph 1
Amendment 572 #
Proposal for a regulation
Article 14
Article 14
Amendment 644 #
Proposal for a regulation
Article 15
Article 15
Amendment 708 #
Proposal for a regulation
Article 21 – paragraph 2 – introductory part
Article 21 – paragraph 2 – introductory part
Amendment 740 #
Proposal for a regulation
Article 22 – paragraph 5
Article 22 – paragraph 5
5. 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 revenue neutral for air traffic service providers.
Amendment 790 #
Proposal for a regulation
Article 26 – paragraph 2 – point a
Article 26 – paragraph 2 – point a
(a) the design and management of the European airspace structures ;route network
Amendment 798 #
Proposal for a regulation
Article 26 – paragraph 3 – point a
Article 26 – paragraph 3 – point a
(a) Coordination of the 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 802 #
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 806 #
Proposal for a regulation
Article 26 – paragraph 3 – point d
Article 26 – paragraph 3 – point d
(d) coordination of air traffic flow and capacity management;
Amendment 810 #
Proposal for a regulation
Article 26 – paragraph 3 – point e
Article 26 – paragraph 3 – point e
(e) the managementcoordination of the planning, monitoring and coordination of implementation activities of the deployment of infrastructure in the European ATM network, in accordance with the European ATM Master Plan, taking into account operational needs and associated operational procedures;
Amendment 863 #
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).