92 Amendments of Karima DELLI related to 2013/0186(COD)
Amendment 21 #
Proposal for a regulation
Recital 5
Recital 5
(5) Implementation of the common transport policy requires an efficient air transport system allowing the safe, regular and sustainable operation of air transport services, optimising capacitythe efficiency of an overall volume that will be recurrently updated and determined by the emission reduction needs of the sector to duly contribute to the general targets set by the European Climate Law, and facilitating the free movement of goods, persons and services.
Amendment 22 #
Proposal for a regulation
Recital 6 a (new)
Recital 6 a (new)
(6a) The revision of the Single European Sky regulation takes place in a world shaken by the COVID-19 pandemic, which has entailed a heavy reduction of the aviation activity. There is also a growing global awareness on the extremely negative impacts and threats to human health deriving from environmental and climate degradation. At the Union level a European Green Deal has been established, including a “zero-pollution” ambition and the oath to “Do not significant harm” to our environment, while a European Climate Law with concrete emission reduction targets within a pathway towards climate neutrality is being adopted in parallel. A “Sustainable and Smart Mobility Strategy” was presented on 9th December 2020, with a clear commitment to the urgent decarbonisation of the aviation sector, and the creation of zero-emission airports as one of its flagships.
Amendment 23 #
Proposal for a regulation
Recital 6 b (new)
Recital 6 b (new)
(6b) Aviation is currently heavily dependent on polluting fossil fuels, responsible for greenhouse emissions that negatively impact climate. Besides carbon dioxide, there are also important non-CO2 emissions, such as contrails or NOx, which according to scientific evidence,1a do have a relevant impact on climate change. Besides decarbonisation, the design of future aviation and of air traffic management needs comprehensive action in avoiding contrails and all these climate-impacting emissions. __________________ 1aSee COM(2020) 747 final, “Updated analysis of the non-CO2 climate impacts of aviation and potential policy measures pursuant to EU Emissions Trading System Directive Article 30(4)”.
Amendment 24 #
Proposal for a regulation
Recital 6 c (new)
Recital 6 c (new)
(6c) The Single European Sky is intended as a system that should continuously contribute to at least a 10% reduction of climate-impacting emissions according to the Sustainable and Smart Mobility Strategy, which should be understood on an aggregated basis. Given the climate emergency and the important role to be played by the transport sector, including aviation, in fulfilling the climate targets established by the European Climate Law, this should be the primary concern amongst all the other possible benefits of a less fragmented airspace and a more integrated air traffic management.
Amendment 25 #
Proposal for a regulation
Recital 6 d (new)
Recital 6 d (new)
(6d) The increase in fuel efficiency and reduced emissions due to optimised routes for individual flights should not be seen as an enabler for additional traffic volume, as this would instead generate a re-bound effect in total emissions, and would be overall more harmful to climate and environment than the current state of play. It should be instead seen rather as an enabler of a more rational use of the air space, allowing for more options in terms of direct flights instead of the emissions-boosting stop-overs. A more efficient use of the airspace should also provide an enhanced choice in terms of slot timing, and a generally reduced take- off and departure schedule, with benefits both to the working conditions of crews and airport staff, as well as to the quality of life of citizens living in the area impacted by the airport activity, for instance by its noise pollution.
Amendment 27 #
Proposal for a regulation
Recital 7
Recital 7
(7) Improvements in the environmental and climate performance of ATM also directly contributemust be designed and combined to directly contribute in an aggregated manner to the achievement of the objectives contained in the Paris Agreement and in the Commission’s European Green Deal, in particular through the reduction of aviation emissions. The European Commission should continuously monitor and report periodically on the overall impact of ATM performance in terms of CO2 and non- CO2 emissions’ reduction.
Amendment 41 #
Proposal for a regulation
Recital 15
Recital 15
(15) There should be no discrimination between airspace users as to the provision of equivalent air navigation services. This does not apply when different airspace users are treated differently on the basis of an amended performance and charging scheme, which allows for differentiation of charges based on the level of service, as well as climate and environmental performances.
Amendment 45 #
Proposal for a regulation
Recital 17
Recital 17
(17) Air traffic service providers or airport operators should have the choice to procure communication, navigation and surveillance services (CNS), aeronautical information services (AIS), air traffic data services (ADS), meteorological services (MET) or terminal air traffic services under market conditions, without prejudice to safety requirements, where they find that such procurement enables an improved climate or environmental performance, beyond cost-efficiency gains. The possibility to resort to such procurement is expected to allow for more flexibility and to promote innovation in services, without affecting the specific needs of the military regarding confidentiality, interoperability, system resilience, data access, and ATM security.
Amendment 47 #
Proposal for a regulation
Recital 18
Recital 18
Amendment 50 #
Proposal for a regulation
Recital 19
Recital 19
Amendment 60 #
Proposal for a regulation
Recital 22
Recital 22
(22) The performance and charging schemes are intended to make air navigation services provided under conditions other than market conditions more cost-efficient and to promote better service quality as well as a lesser impact of aviation on climate and the environment and should, to this end, include relevant and appropriate incentives. In view of this objective, the performance and charging schemes should not cover services supplied under market conditions.
Amendment 79 #
Proposal for a regulation
Recital 27
Recital 27
(27) The performance of the network functions should be subject to criteria specific to them, having regard to the peculiar nature of these functions. The network functions should be subject to performance targets in the key performance areas of safety, climate, the environment, capacity and cost-efficiency.
Amendment 80 #
Proposal for a regulation
Recital 28
Recital 28
(28) The charging scheme should be based on the principle that airspace users should pay for the cost incurred for the provision of the services received but that only cost imputable to such service and not covered otherwise should be taken into account, in addition to a common standard climate and environmental levy per each flight operated. The costs related to the Network Manager should be included in the determined costs eligible to be charged to airspace users. Charges should 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 should stimulate integrated service provision, whilst reducing the environmental and climate impact of aviation. The levy is aimed at internalising these external costs and contributing to create a level-playing field across modes, and particularly encouraging a modal shift towards more sustainable travel alternatives for the shorter distance flights.
Amendment 84 #
Proposal for a regulation
Recital 29
Recital 29
(29) Mechanisms for modulation of charges to improve environmental performance and service quality, notably through increased use of sustainable alternative fuels fully based on additional renewable sources, increased capacitefficiency and reduced delays, while maintaining an optimum safety level, should be set up at Union-wide level given the cross-border nature of aviation. National supervisory authorities should also have the possibility to establish mechanisms at local level regarding terminal services.
Amendment 87 #
Proposal for a regulation
Recital 30
Recital 30
(30) In order to incentivise airspace users to fly the shortest route, in particular in times of congestion, it should be possible to establish a common unit rate for en route services across the Single European Sky airspace, which may be significantly reduced for aircrafts using sustainable fuels fully based on additional renewable sources. The establishment of any such common unit rate should be revenue neutral for air traffic service providers.
Amendment 88 #
Proposal for a regulation
Recital 32
Recital 32
(32) ATM network functions should contribute to the sustainable development of the air transport system and support the achievement of Union-wide performance targets, particularly in the climate and environmental areas, in order to ensure timely sectorial compliance with the emission reductions established in the European Climate Law and the full alignment with the objectives of the European Green Deal. They should ensure the sustainable, efficient and environmentally optimal use of airspace and of scarce resources, reflect operational needs in the deployment of the European ATM network infrastructure and should provide support in case of network crises. A number of tasks contributing to the execution of these functions should be carried out by a Network Manager, whose action should involve all operational stakeholders concerned.
Amendment 96 #
Proposal for a regulation
Recital 33
Recital 33
(33) In the cooperative decision making process for the decisions to be taken by the Network Manager, the interest of the network and more particularly safety should prevail. Parties to the cooperative decision-making process should therefore act to the maximum extent possible with a view to improving the functioning and performance of the network, particularly with regard to climate and environment, as well as taking always into consideration local safety concerns. The procedures for the cooperative decision- making process should promote the interest of the network and more particularly safety, and be such that issues are resolved and consensus found wherever possible.
Amendment 102 #
Proposal for a regulation
Recital 34
Recital 34
(34) To enhance the customer focus of air traffic service providers and to increase the possibility of airspace users to influence decisions which affect them, the consultation and particip, the consultation of stakeholders in major operational decisions of the air traffic service providers should be made more effective.
Amendment 104 #
Proposal for a regulation
Recital 35
Recital 35
(35) Availability of relevant operational data in an interoperable format is essential for enabling the flexible provision of air traffic data services, on cross-border and on Union-wide bases. Therefore, such data should be made available to relevant stakeholders, including to prospective new providers of air traffic data services. Accuracy of information including on airspace status and on specific air traffic situations and timely distribution of this information to civil and military controllers has a direct impact on the safety and efficiency of operations. Timely access to up-to-date information on airspace status is essential for all parties wishing to take advantage of airspace structures made available when filing or re-filing their flight plans.
Amendment 107 #
Proposal for a regulation
Recital 38
Recital 38
(38) The SESAR project is aimed at enabling the safe, efficient and environmentally sustainable development of air transport by modernising the European and global ATM system. In order to contribute to its full effectiveness, proper coordination between the phases of the project should be ensured. The European ATM Master Plan should result from the SESAR definition phase, and should contribute to achieving the Union- wide performance targets, particularly in the climate and environmental areas, in order to ensure timely sectorial compliance with the emission reductions established in the European Climate Law and the full alignment with the objectives of the European Green Deal.
Amendment 116 #
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Regulation lays down rules for the creation and effective functioning of the Single European Sky in order to reinforce current air traffic safety standards, to contribute to the sustainable development of the air transport system and to improve the overall performance of air traffic management and air navigation services for general air traffic in Europe, with a view to meeting the requirements of all airspace users and enable the due contribution of air transport sector to the objectives of the European Green Deal, and achieving the emission reduction targets within the European Climate Law in particular. The Single European Sky shall comprise a coherent pan- European network , a progressively more integrated airspace, network management and air traffic management systems based on safety, efficiency, interoperability and technological modernisation , for the benefit of all airspace users, citizens and the environment.
Amendment 135 #
Proposal for a regulation
Article 2 – paragraph 1 – point 21 a (new)
Article 2 – paragraph 1 – point 21 a (new)
21a. ‘climate-impacting emissions’ means those emissions of carbon dioxide causing a greenhouse effect, as well as non-CO2 emissions, such as contrails or NOx, which according to scientific evidence have an impact on climate change;
Amendment 172 #
Proposal for a regulation
Article 3 – paragraph 3 – introductory part
Article 3 – paragraph 3 – introductory part
3. Without prejudice to paragraph 1, the national supervisory authorities shall be legally distinct and independent from any other public or private entity in terms of their organisation, functioning, legal structure and decision- making.
Amendment 205 #
Proposal for a regulation
Article 3 – paragraph 6 – subparagraph 2
Article 3 – paragraph 6 – subparagraph 2
Persons in charge of strategic decisions, audits or other functions directly linked to performance targets or oversight of air navigation service providers, shall not hold any professional position or responsibility with any air navigation service provider after their term in the national supervisory authority, for at least a period of two years, nor have held it during the previous year.
Amendment 241 #
Proposal for a regulation
Article 5 a (new)
Article 5 a (new)
Article 5a Consultation of stakeholders The Member States, acting in accordance with their national legislation, shall establish consultation mechanisms for appropriate involvement of stakeholders, including professional staff representative bodies and scientific experts in the domains of climate and environment, in the implementation of the single European sky. The outcome of such consultations shall be made publicly available.
Amendment 271 #
Proposal for a regulation
Article 6
Article 6
Amendment 301 #
Proposal for a regulation
Article 6 a (new)
Article 6 a (new)
Amendment 333 #
Proposal for a regulation
Article 8 – paragraph 1 – introductory part
Article 8 – paragraph 1 – introductory part
1. Where this enables cost-efficiency gains toan improved service performance, particularly on climate and the benefit of airspace usersvironment, while maintaining safety, air traffic service providers may decide to procure CNS, AIS, ADS or MET services under market conditions.
Amendment 341 #
Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 1
Article 8 – paragraph 1 – subparagraph 1
Where this enables cost-efficiency gains toan improved service performance, particularly on climate and the benefit of airspace usersvironment, while maintaining safety, Member States shallmay allow airport operators to procure terminal air traffic services for aerodrome control under market conditions.
Amendment 357 #
Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 2
Article 8 – paragraph 1 – subparagraph 2
In addition, where this enables cost- efficiency gains toan improved service performance, particularly on climate and the benefit of airspace usersvironment, while maintaining safety, 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 381 #
Proposal for a regulation
Article 8 – paragraph 5
Article 8 – paragraph 5
5. Articles 14, 17 and 19 to 22 shall not apply to the terminal air traffic service providers designated as a result of a procurement procedure in accordance with the second and third subparagraphs of paragraph 1. Those terminal air traffic service providers shall provide data on the performance of air navigation services in the key performance areas of safety, climate and the environment, capacity and cost-efficiency to national supervisory authority and the Agency acting as PRB for monitoring purposes.
Amendment 408 #
Proposal for a regulation
Article 10 – paragraph 2 – point a
Article 10 – paragraph 2 – point a
(a) Union -wide performance targets in the key performance areas of safety, climate, the environment, capacity and cost- efficiency for each reference period ;
Amendment 413 #
Proposal for a regulation
Article 10 – paragraph 2 – point c
Article 10 – paragraph 2 – point c
(c) periodic review, monitoring and benchmarking of performance in the key performance areas of safety, climate, the environment, capacity and cost-efficiency .
Amendment 418 #
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, provided that those do not impact negatively on the existing ones, particularly climate and the environment.
Amendment 427 #
Proposal for a regulation
Article 10 – paragraph 3 – point b
Article 10 – paragraph 3 – point b
(b) key performance indicators for target setting in the key performance areas of safety, climate, the environment, capacity and cost- efficiency;
Amendment 431 #
Proposal for a regulation
Article 10 – paragraph 3 – point c
Article 10 – paragraph 3 – point c
(c) indicators for monitoring performance in the key performance areas of safety, the environment, capacitylimate and cost-efficiency;
Amendment 438 #
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 climate, environment, capacity and cost-efficiency for each reference period, in accordance with the advisory procedure referred to in Article 37(2) and with paragraphs 2 to 3 of this Article. In conjunction with the Union- wide performance targets, particularly the timely emission reductions established in the European Climate Law, and the objectives of the European Green Deal, 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 447 #
Proposal for a regulation
Article 11 – paragraph 2 – point b
Article 11 – paragraph 2 – point b
(b) they shall be realistic and achievable during the reference period concerned, whilstcontribute fostering longer term structural and technological developments enabling the efficient, sustainable and resilient provision of air navigation services.
Amendment 468 #
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 safety, climate, the environment, capacity and cost-efficiency, consistent with the Union- wide performance targets, particularly the timely emission reductions established in the European Climate Law, and the full alignment with the objectives of the European Green Deal. Those draft performance plans shall take account of the European ATM Master Plan. The draft performance plans shall be made publicly available.
Amendment 477 #
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, ANSP staff representatives, scientific experts in the domains of climate and environment as well as, 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 484 #
Proposal for a regulation
Article 13 – paragraph 3 – introductory part
Article 13 – paragraph 3 – introductory part
3. Draft performance plans for en route air navigation services shall contain performance targets for en route air navigation services that are consistent with the respective Union-wide performance targets in all key performance areas, particularly regarding climate and environment, such as the different climate-impacting emissions, and fulfil the additional conditions laid down in the third subparagraph.
Amendment 515 #
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, particularly regarding climate and environment, in order to ensure their full alignment with the emissions reduction targets within the European Climate Law and the objectives of the European Green Deal. Where paragraph 6 applies, this assessment shall take place after a decision on the allocation of costs has been taken in accordance with the fourth subparagraph of paragraph 6.
Amendment 527 #
Proposal for a regulation
Article 13 – paragraph 8
Article 13 – paragraph 8
8. Where the Agency acting as PRB 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, particularly regarding the climate and environment areas, in order to ensure full alignment with the emissions reduction targets within the European Climate Law and the objectives of the European Green Deal.
Amendment 538 #
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, particularly regarding the full alignment with the emissions reduction targets within the European Climate Law and the objectives of the European Green Deal, the Agency acting as PRB 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 PRB, as well as the measures to achieve those targets, particularly regarding the climate and environment areas.
Amendment 543 #
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 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 met, particularly regarding the climate and environment areas, in order to ensure full alignment with the emissions reduction targets within the European Climate Law and the objectives of the European Green Deal.
Amendment 547 #
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 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 met, particularly regarding the climate and environment areas, in order to ensure full alignment with the emissions reduction targets within the European Climate Law and the objectives of the European Green Deal.
Amendment 557 #
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 traffic service providers, particularly regarding the full alignment with the emissions reduction targets within the European Climate Law and the objectives of the European Green Deal, and making the results of those assessments publicly available.
Amendment 564 #
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. 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, particularly within the climate and environment areas, 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 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, particularly regarding the climate and environment areas in order to ensure full alignment with the emissions reduction targets within the European Climate Law and the objectives of the European Green Deal, the Agency acting as PRB shall 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 575 #
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 safety, climate, environment, capacity and cost- efficiency, consistent with the Union- wide performance targets, particularly the timely emission reductions established in the European Climate Law, and the full alignment with the objectives of the European Green Deal. Those draft performance plans shall take account of the European ATM Master Plan. The draft performance plans shall be made publicly available.
Amendment 583 #
Proposal for a regulation
Article 14 – paragraph 2
Article 14 – paragraph 2
2. The draft performance plans for terminal 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, ANSP staff representatives, scientific experts in the domains of climate and environment as well as, 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 587 #
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 performance areas, particularly regarding climate and environment, such as the different climate-impacting emissions, and fulfil the additional conditions laid down in the third subparagraph.
Amendment 609 #
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, particularly regarding climate and environment, in order to ensure their full alignment with the emissions reduction targets within the European Climate Law and the objectives of the European Green Deal. 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 the allocation of costs.
Amendment 615 #
Proposal for a regulation
Article 14 – paragraph 7
Article 14 – paragraph 7
7. Where the national supervisory authority has denied approval of a draft performance plan in accordance with paragraph 6, a revised draft performance plan shall be presented by the designated air traffic service provider concerned, including where necessary revised targets, particularly regarding climate and environment, in order to ensure their full alignment with the emissions reduction targets within the European Climate Law and the objectives of the European Green Deal.
Amendment 616 #
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 not consistent with the Union-wide performance targets, particularly regarding the full alignment with the emissions reduction targets within the European Climate Law and the objectives of the European Green Deal, 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, particularly regarding the climate and environment areas.
Amendment 623 #
Proposal for a regulation
Article 14 – paragraph 8 – subparagraph 3
Article 14 – paragraph 8 – subparagraph 3
Where approval of the revised draft performance plan submitted in accordance with paragraph 7 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 include the performance targets contained in the draft performance plan and found to be consistent with the Union-wide performance targets by the national supervisory authority, and shall contain the amendments necessary in view of the conditions the national supervisory authority has found not being met, particularly regarding the climate and environment areas, in order to ensure full alignment with the emissions reduction targets within the European Climate Law and the objectives of the European Green Deal.
Amendment 624 #
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 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 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, particularly regarding the climate and environment areas, in order to ensure full alignment with the emissions reduction targets within the European Climate Law and the objectives of the European Green Deal.
Amendment 628 #
Proposal for a regulation
Article 14 – paragraph 10 – introductory part
Article 14 – paragraph 10 – introductory part
10. The national supervisory authority concerned shall issue regular reports on the monitoring of performance of terminal air navigation services, including regular assessments of the achievement of the performance targets for terminal air navigation services for air traffic service providers, particularly regarding the full alignment with the emissions reduction targets within the European Climate Law and the objectives of the European Green Deal, and making the results of those assessments publicly available.
Amendment 634 #
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, particularly within the climate and environment areas, 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, particularly regarding the climate and environment areas in order to ensure full alignment with the emissions reduction targets within the European Climate Law and the objectives of the European Green Deal, the national supervisory authority shall 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 648 #
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
1. The Agency acting as PRB shall on a regular basis establish a Union-wide overview of the performance of terminal air navigation services and of how it relates to Union-wide performance targets, particularly regarding the timely emission reductions established in the European Climate Law, and the full alignment with the objectives of the European Green Deal.
Amendment 659 #
Proposal for a regulation
Article 16 – paragraph 1 – subparagraph 1
Article 16 – paragraph 1 – subparagraph 1
The draft Network Performance Plan shall be drawn up after the setting of Union- wide performance targets and before the start of the reference period concerned. It shall contain specific performance targets in the key performance areas of thesafety, climate, environment, capacity and cost-efficiency.
Amendment 663 #
Proposal for a regulation
Article 17 – paragraph 1
Article 17 – paragraph 1
1. Where, during a reference period, Union-wide performance targets are no longer adequate, in light of significantly changed circumstances, and where the revision of targets is necessary and proportionate, the Commission shall revise those Union-wide performance targets, particularly so as to ensure the timely emission reductions established in the European Climate Law, and the full alignment with the objectives of the European Green Deal. Article 11 shall apply to such decision. Subsequent to such revision, designated air traffic service providers shall adopt new draft performance plans, to which Articles 13 and 14 shall apply. The Network Manager shall draw up a new draft Network Performance Plan, to which Article 16 shall apply.
Amendment 665 #
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, shall authorise the designated air traffic service provider concerned to proceed with the intended revision only if it is necessary and proportionate, and where the revised performance targets ensure that consistency with the Union-wide performance targets is maintained, particularly regarding the timely emission reductions established in the European Climate Law, and the full alignment with the objectives of the European Green Deal. 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 683 #
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 meetmeeting the performance targets, particularly the timely emission reductions established ing the performance targetsEuropean Climate Law, their full alignment with the objectives of the European Green Deal and they shall stimulate integrated service provision, whilst reducing the environmental and climate impacts of aviation.
Amendment 700 #
Proposal for a regulation
Article 20 – paragraph 3 a (new)
Article 20 – paragraph 3 a (new)
3a. a common standard climate and environmental levy per each flight operated;
Amendment 718 #
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 and climate 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 navigation services across the Single European Sky airspace, and detailed rules and procedures for its application. 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 navigation 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 720 #
Proposal for a regulation
Article 22 – paragraph 1
Article 22 – paragraph 1
1. Charges shall be levied on airspace users for the provision of air navigation services, under non-discriminatoryfully transparent conditions, taking into account the relative productive capacitiesclimate and environmental performance of the different aircraft types concerned. When imposing charges on different airspace users for the use of the same service, no distinction shall be made in relation to the nationality or category of the user.
Amendment 721 #
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, in addition to the climate and environmental levy referred to in Article 20, paragraph 3(d). The charge shall be made out of one or more variable components, each based on objective factors.
Amendment 726 #
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, in addition to the climate and environmental levy referred to in Article 20, paragraph 3(d). 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 731 #
Proposal for a regulation
Article 22 – paragraph 4
Article 22 – paragraph 4
4. Exemption of certain airspace users from air navigation charges, especially light aircraft and State aircraft, may be permitted, provided that the cost of such exemption is covered by other resources and is not passed on to other airspace users may be permitted for zero-emission aircrafts only.
Amendment 734 #
Proposal for a regulation
Article 22 – paragraph 5
Article 22 – paragraph 5
5. Charges shall be modulated to encourage air navigation service providers, airports and airspace users to support improvements in climate and environmental performance, or service quality such as increased use of sustainable alternative fuels, increased capacity based on fully additional renewable sources, 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. address, as a minimum, the use by airspace users of the available routes that minimize aircraft emissions under the operational context.
Amendment 751 #
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. 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, as well as workers’ representatives of this body. When such non-compliance concerns particularly the expected reduction of climate-impacting emissions, the PRB shall additionally request the assessment by scientific experts in the domain of climate. 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.
Amendment 778 #
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. They shall also ensure that airspace users can operate environmentally optimal trajectories, while allowing maximum in order to ensure an aggregated reduction of climate- impacting emissions of at least 10% overall, while allowing transparent, non- discriminatory 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, particularly the timely emission reductions established in the European Climate Law and the full alignment with the objectives of the European Green Deal, and shall be based on operational requirements .
Amendment 787 #
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 , particularly in order to minimise the overall climate- impacting emissions of aviation;
Amendment 791 #
Proposal for a regulation
Article 26 – paragraph 2 – point b
Article 26 – paragraph 2 – point b
(b) air traffic flow management to optimise trajectories of each flight to minimise fuel consumption, while maintaining maximum safety;
Amendment 794 #
Proposal for a regulation
Article 26 – paragraph 3 – point a
Article 26 – paragraph 3 – point a
(a) optimisation of airspace design for the network in order to continuously minimise the overall fuel consumption and facilitation of delegation of air traffic services provision through co- operation with the air traffic service providers and Member State authorities;
Amendment 804 #
Proposal for a regulation
Article 26 – paragraph 3 – point d
Article 26 – paragraph 3 – point d
(d) air traffic flow and capacity management, in order to guarantee maintaining an overall reduction of climate-impacting emissions of at least 10%;
Amendment 815 #
Proposal for a regulation
Article 26 – paragraph 4
Article 26 – paragraph 4
4. The functions listed in paragraphs 2 and 3 shall notmay involve the adoption of binding measures of a general scope or the exercise of political discretionupon duly justified reasons, such as the need for a timely compliance with emission reduction targets. They shall be performed in coordination with military authorities in accordance with agreed procedures concerning the flexible use of airspac, where appropriate.
Amendment 833 #
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 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, primarily in regard to the reduction of climate-impacting emissions in accordance with the European Climate Law targets and the European Green Deal objectives. The action taken by the Network Manager shall take account of the need to fuladequately integrate the airports in the network with the primary goal of minimising the number of unnecessary flights and stop-overs.
Amendment 839 #
Proposal for a regulation
Article 27 – paragraph 5
Article 27 – paragraph 5
5. The Network Manager shall cooperate closely with the Agency acting as PRB in order to ensure that the performance targets referred to in Article 10 are adequately reflected in the, particularly those relating to climate and environment, are adequately reflected in the overall capacity planning, as well as the partial capacity to be delivered by individual air navigation service providers and agreed between the Network Manager and those air navigation service providers in the Network Operations Plan.
Amendment 843 #
Proposal for a regulation
Article 27 – paragraph 6 – point a
Article 27 – paragraph 6 – point a
(a) decide 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. Such individual measures shall include the power to correct a filed flight plan to minimize its climate and environmental impact under the operational context, in which case paragraph 7 shall not apply;
Amendment 857 #
Proposal for a regulation
Article 27 – paragraph 7
Article 27 – paragraph 7
7. The Network Manager shall take decisions through a cooperative decision- making process, except for the reasons provided in paragraph 6(a). Parties to the cooperative decision-making process shall act to the maximum extent possible with a view to improving the functioning and performance of the network. The cooperative decision-making process shall promote the interest of the network.
Amendment 859 #
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 shallmay take into account air traffic demands, seasonality andcertain degree of seasonality, subject to actual feasibility given the complexity of air traffic, and of performance plans, particularly ensuring overall compliance with the reduction of climate-impacting emissions’ targets. Before deciding on those aspects, they shall consult workers’ representatives of that sector, airspace users concerned or groups representing such airspace users, climate and environment scientific experts, and military authorities as appropriate.
Amendment 867 #
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 navigationand workers’ representatives, as well as scientific experts and relevant non-governmental organisations in the field of climate and environment, on all major issues related to services provision and/orded, including relevant charnges. The to 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)configurations, such as those resulting from the required emission reduction efforts, or strategic investments which have a relevant impact on air traffic management and air navigation service provision and/or charges.
Amendment 874 #
Proposal for a regulation
Article 31 – paragraph 1
Article 31 – paragraph 1
1. With regard to general air traffic, relevant operational data shall be made available in an interoperable format in real-time, on a transparent, non- discriminatory basis and without prejudice to security or defence policy interests, by all air navigation service providers, airspace users, airports, and the Network Manager, including on cross-border basis and on a Union-wide basis. Such availability shall be to the benefit of certified or declared air traffic service providers, entities having a proven interest in considering the provision of air navigation services, airspace users and airports as well as the Network Manager. The data shall be used only for operational purposes.
Amendment 879 #
Proposal for a regulation
Article 31 – paragraph 3
Article 31 – paragraph 3
3. Access to relevant operational data as referred to in paragraph 1 shall be granted to the authorities in charge of safety oversight, performance oversight, and in particular of climate and environmental indicators, and network oversight, including the Agency.
Amendment 881 #
Proposal for a regulation
Article 33 – paragraph 1
Article 33 – paragraph 1
1. Taking into account the organisation of military aspects under their responsibility, Member States shall ensure the application within the single European sky of the concept of the flexible use of airspace as described by ICAO and as developed by Eurocontrol, in order to facilitate airspace management and air traffic management in the context of the common transport policy, within the capacity limitations derived from the emission reduction targets and in consistency with the European ATM Master Plan .
Amendment 892 #
Proposal for a regulation
Article 35 – paragraph 3
Article 35 – paragraph 3
3. Common projects may be eligible for Union funding. To this end, and without prejudice to Member States' competence to decide on the use of their financial resources, the Commission shall carry out an independent cost-benefit analysis, including an assessment on the obligation to fulfil the European Green Deal objectives and in particular the “Do No Significant Harm” principle, as well as the alignment towards the European Climate Law targets, and appropriate consultations with Member States and with relevant stakeholders in accordance with Article 10, exploring all appropriate means for financing the implementation thereof.
Amendment 912 #
Proposal for a regulation
Article 38 – paragraph 2
Article 38 – paragraph 2
2. The Commission shall establish such a mechanism at Union level to consult on matters related to the implementation of this Regulation where appropriate , particularly regarding the alignment with European Green Deal objectives the emission reduction targets within the European Climate Law. The specific Sectoral Dialogue Committee set up under Commission Decision 98/500/EC shall be involved in the consultation. For the purpose of point (e) of paragraph 3, when consultation relating to military aspects is required, the Commission shall, in addition to Member States, consult the European Defence Agency and other competent military experts designated by the Member States.
Amendment 913 #
Proposal for a regulation
Article 38 – paragraph 3 – point g a (new)
Article 38 – paragraph 3 – point g a (new)
(ga) scientific experts in the domains of climate and environment
Amendment 915 #
Proposal for a regulation
Article 38 – paragraph 3 a (new)
Article 38 – paragraph 3 a (new)
3a. The outcome of the consultations shall be made publicly available in due time.
Amendment 920 #
Proposal for a regulation
Article 42 – paragraph 1
Article 42 – paragraph 1
Member States shall lay down rules on penalties applicable to infringements of this Regulation and of the delegated and implementing acts adopted on the basis thereof in particular by airspace users , airport operators and air navigation service providers , and shall take all measures necessary to ensure that they are implemented, particularly in relation to lack of compliance with climate and environmental aspects. The penalties provided for shall be effective, proportionate and dissuasive.
Amendment 922 #
Proposal for a regulation
Article 43 – paragraph 1
Article 43 – paragraph 1
1. The Commission shall conduct an evaluation to assess the application of this Regulation and its effects in the different performance targets, and particularly on the overall impact on the reduction of climate-impacting emissions, by 203026. When justified for this purpose, the Commission may request from the Member States information relevant to the application of this Regulation.