37 Amendments of Ismail ERTUG related to 2015/0277(COD)
Amendment 277 #
Proposal for a regulation
Recital 14
Recital 14
(14) The Union should also lay down essential requirements for the safe provision of ground handling services, based on ground handling guidelines provided by existing rules and schemes provided by the industry on an international level.
Amendment 327 #
Proposal for a regulation
Recital 50
Recital 50
(50) When the Agency develops draft rules of a general nature to be implemented by national authorities, Member States should be consulted. Furthermore, where rules could have importantoccupational health and safety and/or social implications, stakeholders, including Union social partners, should be appropriately consulted and the implications should be fully considered in the Regulatory Impact Assessment when the Agency prepares corresponding draft rules.
Amendment 342 #
Proposal for a regulation
Recital 64 a (new)
Recital 64 a (new)
(64a) Since there is a high amount of different commercial air transport activities, it has to be ensured that rules applying to this sector are further elaborated at a technical level; a detailed act should be valid for wide range of operations, each subject to rules that are according to the risk of particular operations or types of operations.
Amendment 360 #
Proposal for a regulation
Article 1 – paragraph 2 – point h – indent 1 (new)
Article 1 – paragraph 2 – point h – indent 1 (new)
Amendment 389 #
Proposal for a regulation
Article 2 – paragraph 3 – point d – paragraph 1
Article 2 – paragraph 3 – point d – paragraph 1
the design, production, maintenance and operation of the aircraft listed in Annex I, aircraft the operation of which involves low risk for aviation safety, as listed in Annex I, and to the personnel and organisations involved therein, unless the aircraft has been issued, or deemed to have been issued, with a certificate in accordance with Regulation (EC) No 216/2008.
Amendment 402 #
Proposal for a regulation
Article 3 – paragraph 1 – point 22
Article 3 – paragraph 1 – point 22
(22) ‘ground handling service’ means any safety-related service provided at aerodromes comprising safety related activities in the areas of ground administration and supervision, passenger handling, baggage handling, freight and mail handling, ramp handling, aircraft services, fuel and oil handling, aircraft maintenance, flight operations and crew administration, surface transport and catering;
Amendment 413 #
Proposal for a regulation
Article 3 – paragraph 1 – point 29
Article 3 – paragraph 1 – point 29
(29) ‘unmanned aircraft’ means any aircraft operated or designed to be operated without a pilot on board;, other than those used in model flying.
Amendment 426 #
Proposal for a regulation
Article 4 – paragraph 1 – point e
Article 4 – paragraph 1 – point e
(e) lay down, where possible and appropriate, requirements in a manner which focuses on objectives to be achieved, while allowing different means of achieving compliance with these objectives; laying down conditions for organisations to allow them making use of defined different means of achieving compliance with these objectives. In preparing and enacting such measures, the Member States, the Commission and the Agency shall: (a) assess the system maturity at European, national and organisation level, prior to implementing a performance-based scheme; (b) ensure that the safety culture of the organisations concerned is assessed by an independent external body, including the organisation's adherence to Just Culture principles and the full involvement of front-end safety professionals; (c) ensure that the organisations concerned allocate adequate resources in terms of safety management and reporting systems; (d) ensure that the competent authority concerned allocates adequate resources to guarantee effective performance-based oversight; (e) ensure that a compliance-based prescriptive scheme is in place at all times in order to set a floor of sufficient, clear and strict standards for all organisations; (f) ensure that an effective mechanism is in place to remedy failures that may occur within the performance-based regulation and oversight system.
Amendment 432 #
Proposal for a regulation
Article 4 – paragraph 1 – point h – indent 1 (new)
Article 4 – paragraph 1 – point h – indent 1 (new)
- take into account interdependencies between aviation safety and socio-economic factors;
Amendment 481 #
Proposal for a regulation
Article 18 – paragraph 2
Article 18 – paragraph 2
Amendment 513 #
Proposal for a regulation
Article 25 – paragraph 2
Article 25 – paragraph 2
Amendment 526 #
Proposal for a regulation
Article 28 – paragraph 1 – point g – indent 1 (new)
Article 28 – paragraph 1 – point g – indent 1 (new)
- the conditions under which, taking into account the principles of Article 4, operations shall be subject to, or exempted from, the requirements applicable to commercial air transport in this Regulation and the measures taken under this Regulation, notwithstanding the definition in Article 3(23).
Amendment 532 #
Proposal for a regulation
Article 28 – paragraph 2
Article 28 – paragraph 2
Amendment 584 #
Proposal for a regulation
Article 34 – paragraph 2
Article 34 – paragraph 2
Amendment 604 #
Proposal for a regulation
Article 39 – paragraph 2
Article 39 – paragraph 2
Amendment 623 #
Proposal for a regulation
Article 44 – paragraph 2
Article 44 – paragraph 2
Amendment 640 #
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 adequatehigh 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 648 #
Proposal for a regulation
Article 47 – paragraph 1 – point e
Article 47 – paragraph 1 – point e
(e) the markingndatory marking, registration and identification of unmanned aircraft;
Amendment 655 #
Proposal for a regulation
Article 47 – paragraph 1 – point f – indent 1 (new)
Article 47 – paragraph 1 – point f – indent 1 (new)
- (g) the conditions and procedures for issuing, maintaining, amending, suspending, or revoking the certificates, or for making a declaration, for operation of unmanned aircraft shall take due account of, inter alia, weight or type of the unmanned aircraft, the nature of the operation and the area where the operation takes place;
Amendment 657 #
Proposal for a regulation
Article 47 – paragraph 2
Article 47 – paragraph 2
Amendment 684 #
Proposal for a regulation
Article 52 – paragraph 4
Article 52 – paragraph 4
4. The costs of the assistance provided by the European aviation inspectors designated by national competent authorities shall be covered by fees. To that end, the Agency shall invoice, on behalf of the national competent authority that incurred the costs, the legal or natural person which was subject to the certification and oversight activities performed by those inspectors. These costs should be based on the fees which the respective national authority would have charged. The Agency shall transfer the amount collected from that person to the national competent authority concerned.
Amendment 697 #
Proposal for a regulation
Article 53 – paragraph 3
Article 53 – paragraph 3
3. The Agency or a Member State, as applicable, shall only agree to the transfer of responsibilities referred to in paragraphs 1 or 2 when it is satisfied and proves that it can effectively exercise the transferred responsibility in compliance with this Regulation and the delegated and implementing acts adopted on the basis thereof, and has sufficient resources to do so.
Amendment 703 #
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 relevant stakeholders, concerned by the transfer and, in case of a transfer referred to in paragraph 2, the Agency shall be consulted on that transition plan 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.
Amendment 713 #
Proposal for a regulation
Article 53 – paragraph 6 – indent 1 (new)
Article 53 – paragraph 6 – indent 1 (new)
- 7. The Agency shall after consultation with the Member States, establish permanent contact points in those Member States where its presence seems necessary in order to ensure that responsibilities in the field of aviation safety are met within the scope of this regulation.
Amendment 724 #
Proposal for a regulation
Article 54 – paragraph 1 – subparagraph 3
Article 54 – paragraph 1 – subparagraph 3
Where the organisations referred to in the first and second subparagraph make such a request, they shall informconsult the national competent authorities of the Member States in which they have their principal places of business and obtain their approval to such a transfer of responsibilities.
Amendment 729 #
Proposal for a regulation
Article 54 – paragraph 2 – subparagraph 1
Article 54 – paragraph 2 – subparagraph 1
Where the Agency considers and demonstrates that it can effectively exercise the responsibilities for the certification, oversight and enforcement, as requested, in compliance with this Regulation and the delegated acts adopted on the basis thereof, it shall establish, jointly with the Member State or Member States concerned, as applicable, a transition plan that ensures an orderly transfer of those responsibilities. The organisations that requested the transfer shall be consulted on this transition plan before it is finalised, including all relevant stakeholder concerned, shall be consulted during the establishment of this transition plan before it is finalised. It shall carry out jointly with the other Member States concerned, and in consultation with relevant stakeholders, an impact assessment covering, among others, any social, economic or employment repercussions.
Amendment 782 #
Proposal for a regulation
Article 63 – paragraph 3 a (new)
Article 63 – paragraph 3 a (new)
3a. For the sake of improving aviation safety the agency should collect, anonymise and store safety reports and make them publicly available.
Amendment 871 #
Proposal for a regulation
Article 76 – paragraph 1
Article 76 – paragraph 1
1. The Member States, the Commission and the Agency shall cooperate on security matters related to civil aviation, including cyber security, with a view to ensuring thathere interdependencies between civil aviation safety and security are taken into accounexist.
Amendment 878 #
Proposal for a regulation
Article 76 – paragraph 2
Article 76 – paragraph 2
2. The Agency shall, upon request, provide technical assistance to the Commission in the implementation of Regulation (EC) No 300/2008 of the European Parliament and of the Council22 , including, in the performance of security inspections of aircraft and aviation systems and in the preparation of the measures to be adopted under that Regulation. __________________ 22 Regulation (EC) No 300/2008 of the European Parliament and of the Council of 11 March 2008 on common rules in the field of civil aviation security and repealing Regulation (EC) No 2320/2002 (OJ L 97, 9.4.2008, p. 72.)
Amendment 885 #
Proposal for a regulation
Article 76 – paragraph 3
Article 76 – paragraph 3
3. To protect civil aviation against acts of unlawful interference, the Agency may take the necessary measures under Article 65(6) and Article 66(1)(i) concerning aircraft and aviation systems. Before taking such measures, the Agency shall obtain the agreement of the Commission and consult the Member States.
Amendment 894 #
Proposal for a regulation
Article 76 – paragraph 3 – indent 1 (new)
Article 76 – paragraph 3 – indent 1 (new)
- New Article 77: 1. The Member States, the Commission, the Agency and other bodies, shall, cooperate on issues regarding social conditions and employment, with a view to ensuring that interdependencies between civil aviation safety and socio-economic factors are taken into account, among others in regulatory processes, as well as with a view of identifying measures to prevent socio-economic risks to aviation safety. 2. The Agency shall consult and involve relevant stakeholders when addressing such interdependencies.
Amendment 938 #
Proposal for a regulation
Article 90 – paragraph 4
Article 90 – paragraph 4
4. The Executive Board shall be composed of the Chairperson of the Management Board, twoone representatives of the Commission, one representative of the European Parliament and six other members appointed by the Management Board from among its members with the right to vote. The Chairperson of the Management Board shall also be the Chairperson of the Executive Board. The Executive Director shall take part in the meetings of the Executive Board, but shall not have the right to vote. The Advisory Board may appoint one of its members as observer.
Amendment 995 #
Proposal for a regulation
Article 117 – paragraph 5
Article 117 – paragraph 5
5. A delegated act adopted pursuant to Article 2(3)(d), Article 18, Article 25, Article 28, Article 34, Article 39, Article 44, Article 47, Article 50, Article 51(10), Article 52(5), Article 72(4) and Article 115(1)this regulation shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or the Council.
Amendment 1002 #
Proposal for a regulation
Article 123 – paragraph 1 – point 4
Article 123 – paragraph 1 – point 4
Regulation (EC) No 1008/2008
Article 13
Article 13
Amendment 1054 #
Proposal for a regulation
Annex V – point 1 – point 1.1
Annex V – point 1 – point 1.1
1.1. A flight must not be performed if the crew members and, as appropriate, all other operations personnel involved in its preparation and execution are not familiar with applicable laws, regulations and procedures, pertinent to the performance of their duties, prescribed for the areas to be traversed, the aerodromes planned to be used and the air navigation facilities relating thereto. As a general rule, direct employment should be the standard model of employment for crew members. Non- direct employment should be limited to specific temporary operational needs.
Amendment 1093 #
Proposal for a regulation
Annex IX – point 2 – paragraph 2 – introductory part
Annex IX – point 2 – paragraph 2 – introductory part
The following requirements must be met to ensure a satisfacthigh uniforym level of safety for people on the ground and other airspace users during the operation of the unmanned aircraft, taking into account the level of risk of the operation as necessary:
Amendment 1098 #
Proposal for a regulation
Annex IX – point 2 – paragraph 2 – point 2.3 – paragraph 2
Annex IX – point 2 – paragraph 2 – point 2.3 – paragraph 2
A person operating an unmanned aircraft shall possess the required knowledge and skills necessary to ensure the safety of the operation and proportionate to the risk associated with the type of operation. For operations of a commercial nature and operations for which a certificate or declaration is required, this person shall be issued an unmanned aircraft pilot license, upon application, when the applicant has demonstrated to comply with the rules established by delegated acts adopted pursuant to Article 47(1)(d). This person shall also demonstrate medical fitness, if this is necessary to mitigate the risks involved in the operation concerned.