53 Amendments of Karima DELLI related to 2015/0277(COD)
Amendment 243 #
Draft legislative resolution
Heading 1
Heading 1
on the proposal for a regulation of the European Parliament and of the Council on common rules in the field of civil aviation and establishing a European Union Aviation Safety Agency, and repealing Regulation (EC) No 216/2008 of the European Parliament and of the Council
Amendment 245 #
Proposal for a regulation
Title 1
Title 1
Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on common rules in the field of civil aviation and establishing a European Union Aviation Safety Agency, and repealing Regulation (EC) No 216/2008 of the European Parliament and of the Council (Text with EEA relevance)
Amendment 246 #
Proposal for a regulation
Recital 1
Recital 1
(1) A high and uniform level of civil aviation safety and environmental protection should be ensured at all times through the adoption of common safety rules and by measures ensuring that any goods, persons and organisations involved in civil aviation activity in the Union comply with such rules and with those adopted to protect the environment and the climate, within the framework of the Paris Agreement aiming to reduce GHG emissions and thereby the impact of climate change by limiting the temperature increase on 1.5 degree Celsius.
Amendment 251 #
Proposal for a regulation
Recital 1 a (new)
Recital 1 a (new)
(1a) The Agency should promote through higher cross-border performance of ATM/ANS and based on the SES regulations, saving energy consumption and reducing energy consumption, climate impact as well as noise and air polluting emissions.
Amendment 272 #
Proposal for a regulation
Recital 13
Recital 13
(13) The essential requirements concerning environmental compatibility of the design of aeronautical products should address both aircraft noise as well as emissions, and allow the Union to set detailed technical standards which are necessary to protect the environment and human health from harmful effects of aviation and unmanned aircraft operations. Those requirements should be based on the standards and recommended practices set by the Chicago Conventiontake into account the standards and recommended practices set by the Chicago Convention, Annex 16, Volumes I and II, acknowledging the policy of the EU to set standards as required to ensure the highest level of safety, climate and environmental protection across the EU. Where new standards are introduced into the Chicago Convention which had not existed in EU law previously, for example a standard on aircraft and unmanned greenhouse gas (GHG) and non-CO2- emission, such as, but not limited to, water vapour, sulphate aerosol, soot aerosol and condensation linear contrails, as well as any non-technical amendment to the existing emissions standards, the Union rules shall be decided in accordance with Article 100(2) of the TFEU. Where Union rules differ from the minimum standards established by the Chicago Convention, Member States should notify the International Civil Aviation Organisation accordingly.
Amendment 280 #
Proposal for a regulation
Recital 14 a (new)
Recital 14 a (new)
(14a) The Agency should be able to limit indirect employment, such as zero-hour contracts, pay-to-fly and precarious independent status in order to avoid adverse effects on safety levels as well as unfair intra- and intermodal competition.
Amendment 287 #
Proposal for a regulation
Recital 18
Recital 18
(18) Since unmanned aircraft also operate within the airspace alongside with traditional aircraft, this Regulation should cover such aircraft, regardless of their operating mass. Technologies for unmanned aircraft now allow for a wide range of operations possible that should be subject to rules that are compatible with the current airspace, ensure vertical and horizontal separation and are proportionate to the risk of the particular operation or type of operations.
Amendment 315 #
Proposal for a regulation
Recital 39 a (new)
Recital 39 a (new)
(39a) The Agency should focus on integrating research and innovation on safe and environmentally friendly unmanned aircraft into the above mentioned programmes.
Amendment 328 #
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, safety or social implications, stakeholders, including Union social partners, should be appropriately consulted and the implications should be properly addressed through an impact assessment when the Agency prepares corresponding draft rules.
Amendment 347 #
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
1. The principal objective of this Regulation is to establish and, maintain and enforce high uniform level of civil aviation safety in the Union, while ensuring a high uniform level of environmental and climate protection.
Amendment 348 #
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
1. The principal objective of this Regulation is to establish and maintain a high uniform level of civil aviation safety in the Union, while ensuring a high uniform level of climate and environmental protection.
Amendment 352 #
Proposal for a regulation
Article 1 – paragraph 2 – point c
Article 1 – paragraph 2 – point c
(c) minimising social and environmental costs, promoting cost- efficiency and effectiveness in the regulatory and certification processes as well as an optimal use of resources at national and Union level;
Amendment 355 #
Proposal for a regulation
Article 1 – paragraph 2 – point f
Article 1 – paragraph 2 – point f
(f) promoting, worldwide, the views of the Union regarding civil aviation practices, standards and civil aviation rules by establishing appropriate cooperation with third countries and international organisations, with the purpose of improving safety, security, social and health standards, environmental and climate protection;
Amendment 356 #
Proposal for a regulation
Article 1 – paragraph 2 – point f a (new)
Article 1 – paragraph 2 – point f a (new)
(fa) intensifying cooperation and coordination with Eurocontrol, mainly in the fields of safety, security, climate and environmental protection, with the aim of increasing sustainability, efficiency and saving money;
Amendment 357 #
Proposal for a regulation
Article 1 – paragraph 2 – point g
Article 1 – paragraph 2 – point g
(g) promoting research and innovation, amongst others in sustainability, regulatory and certification processes;
Amendment 359 #
Proposal for a regulation
Article 1 – paragraph 2 – point h
Article 1 – paragraph 2 – point h
(h) promoting, in the fields covered by this Regulation, administrative, technical and operational interoperability.
Amendment 362 #
Proposal for a regulation
Article 1 – paragraph 2 – point h a (new)
Article 1 – paragraph 2 – point h a (new)
(ha) promoting social sustainability and addressing interdependencies between aviation safety and socio-economic factors, including complex new business set-ups and atypical employment forms in aviation.
Amendment 368 #
Proposal for a regulation
Article 1 – paragraph 3 – point b
Article 1 – paragraph 3 – point b
(b) ensuring that the declarations, licenses and certificates issued in accordance with this Regulation and its delegated and implementing acts are valid throughout the Union, without any additional requirements;
Amendment 370 #
Proposal for a regulation
Article 1 – paragraph 3 – point d
Article 1 – paragraph 3 – point d
(d) the establishment of an independent European Union Aviation Safety Agency (the 'Agency');
Amendment 390 #
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 aircraft the operation of which involves low risk for aviation safety as well as reduction of noise, GHG emissions and air pollution, as listed in Annex I, and to the personnel and organisations involved therein.
Amendment 411 #
Proposal for a regulation
Article 3 – paragraph 1 – point 26 a (new)
Article 3 – paragraph 1 – point 26 a (new)
(26a) 'climate protection and environmental target' means decided, planned or intended objectives for complying with the climate and environmental, such as noise and air pollution reduction, performance indicators over a given period of time;
Amendment 425 #
Proposal for a regulation
Article 4 – paragraph 1 – point e
Article 4 – paragraph 1 – point e
Amendment 461 #
Proposal for a regulation
Chapter 3 – section 1 – title
Chapter 3 – section 1 – title
Airworthiness, climate and environmental protection
Amendment 463 #
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
Aircraft referred to in Article 2(1)(a) and (b) and their engines, propellers, parts and non-installed equipment shall comply with the essential requirements for airworthiness set out in Annex II and, as regards noise and, greenhouse gas (GHG) and air polluting emissions, the essential requirements for the environmental compatibility of products set out in Annex III and according to the relevant international rules.
Amendment 475 #
Proposal for a regulation
Article 18 – paragraph 1 – point a – point iii
Article 18 – paragraph 1 – point a – point iii
Amendment 476 #
Proposal for a regulation
Article 18 – paragraph 1 – point b
Article 18 – paragraph 1 – point b
Amendment 478 #
Proposal for a regulation
Article 18 – paragraph 1 – point d – point iii
Article 18 – paragraph 1 – point d – point iii
Amendment 479 #
Proposal for a regulation
Article 18 – paragraph 1 – point l
Article 18 – paragraph 1 – point l
Amendment 507 #
Proposal for a regulation
Article 25 – paragraph 1 – point b
Article 25 – paragraph 1 – point b
Amendment 508 #
Proposal for a regulation
Article 25 – paragraph 1 – point e
Article 25 – paragraph 1 – point e
Amendment 510 #
Proposal for a regulation
Article 25 – paragraph 1 – point g
Article 25 – paragraph 1 – point g
Amendment 525 #
Proposal for a regulation
Article 28 – paragraph 1 – point d
Article 28 – paragraph 1 – point d
Amendment 540 #
Proposal for a regulation
Article 29 – paragraph 1
Article 29 – paragraph 1
Aerodromes, aerodrome safety, security, climate and environment protection equipment, the operation of aerodromes and the provision of ground handling services and apron management services at aerodromes shall comply with the essential requirements set out in Annex VII and, if applicable, Annex VIII.
Amendment 594 #
Proposal for a regulation
Article 38 – title
Article 38 – title
ATM/ANS systems and constituents, related to safety, security, climate and environment protection
Amendment 828 #
Proposal for a regulation
Article 72 – paragraph 2 – subparagraph 2
Article 72 – paragraph 2 – subparagraph 2
The amount of the fines shall not exceed 412 % of the annual income or turnover of the legal or natural person concerned. The amount of the periodic penalty shall not exceed 2.56 % of the average daily income or turnover of the legal or natural person concerned.
Amendment 842 #
Proposal for a regulation
Article 74 – paragraph 1
Article 74 – paragraph 1
1. The Agency shall assist the Member States and the Commission in identifying key research and innovation themes in the field of civil aviation, inter alia on safety, security, reduction of energy consumption, climate and environment protection, to contribute to ensuring consistency and coordination between publicly funded research and developmentinnovation and policies falling within the scope of this Regulation.
Amendment 846 #
Proposal for a regulation
Article 75 – title
Article 75 – title
Amendment 850 #
Proposal for a regulation
Article 75 – paragraph 1
Article 75 – paragraph 1
1. The measures taken by the Agency as regards emissions and noiseGHG, air polluting and noise emissions, for the purpose of the certification of the design of products in accordance with Article 11, shall aim at preventing significant harmful effects on the climate, environment and human health caused by the civil aviation activities concerned.
Amendment 855 #
Proposal for a regulation
Article 75 – paragraph 2
Article 75 – paragraph 2
2. The Member States, the Commission, the Agency and other Union institutions, bodies, offices and agencies shall, within their respective fields of competence, cooperate on environmental matters, including those addressed in Regulation (EC) No 1907/2006 of the European Parliament and of the Council21 , with a view to ensuring that interdependencies between climate, environmental protection, human health and other technical domains of civil aviation are taken into account. __________________ 21 Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency, amending Directive 1999/45/EC and repealing Council Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94 as well as Council Directive 76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC (OJ L 396, 30.12.2006, p. 1).
Amendment 862 #
Proposal for a regulation
Article 75 – paragraph 4
Article 75 – paragraph 4
4. In order to inform interested parties and the general public, the Agency shall, every three years, publish an environmental review, which shall give an objective account of the state of environmental protection relating to civil aviation in the Union. The review must therefore include the efforts of the aviation sector to contribute to the Paris Agreement on GHG emission, such as reduction of CO2-, NOx-emissions as well as avoidance or reduction of condensation contrails.
Amendment 916 #
Proposal for a regulation
Article 82 – paragraph 2 a (new)
Article 82 – paragraph 2 a (new)
2a. The Commission and the Director shall ensure that there is no conflict of interests and guarantee transparency and independency of the Agency.
Amendment 930 #
Proposal for a regulation
Article 86 – paragraph 1
Article 86 – paragraph 1
1. The Management Board shall be composed of representatives from Member States and, from the Commission, from civil organisations, all with voting rights. Each Member State shall appoint one member of the Management Board and one alternate who will represent the member in his or her absence. The Commission shall appoint two representatives and their alternates. The term of office for members and their alternates shall be four years. That term shall be extendable.
Amendment 946 #
Proposal for a regulation
Article 92 – paragraph 3
Article 92 – paragraph 3
3. The term of office of the Executive Director shall be five years. By the end of that period, the Commission shall undertake an assessment that takes into account an evaluation of the Executive Director's performance and the Agency's future tasks and challenges. The assessment shall be presented at the European Parliament and the Council.
Amendment 958 #
Proposal for a regulation
Article 109 – paragraph 1 – introductory part
Article 109 – paragraph 1 – introductory part
1. Without prejudice to other revenues and while ensuring the independency of the Agency, the revenues of the Agency shall comprise:
Amendment 1082 #
Proposal for a regulation
Annex IX – point 1 – introductory part
Annex IX – point 1 – introductory part
1. Essential requirements for the design, production, maintenance, license and operation of unmanned aircraft
Amendment 1083 #
Proposal for a regulation
Annex IX – point 1 – point a
Annex IX – point 1 – point a
(a) A person operating the unmanned aircraft must be aware of the applicable Union and national rules relating to the intended operations, in particular with regard to safety, privacy, data protection, liability, insurance, security or environmental protection. The person must be able to ensure the safety of operation and safe separation of the unmanned aircraft from people on the ground and from other airspace users. This includes having a license based on relevant knowledge of safe and environmentally friendly use of unmanned aircraft in the airspace, being familiar with the operating instructions provided by the manufacturer and with all relevant functionalities of the unmanned aircraft and applicable rules of the air and ATM/ANS procedures.
Amendment 1087 #
Proposal for a regulation
Annex IX – point 1 – point b
Annex IX – point 1 – point b
(b) An unmanned aircraft must be designed and constructed so that it is fitted for its function, can be seen, can sense and avoid other aircraft, risk zones such as chemical as well as nuclear power plants, industrial sites and aerodromes and can be operated, adjusted and maintained without putting persons at risk when these operations are carried out under the conditions for which the aircraft was designed.
Amendment 1091 #
Proposal for a regulation
Annex IX – point 1 – point c
Annex IX – point 1 – point c
(c) If necessacompulsory to mitigate risks pertaining to safety, privacy, protection of personal data, security or the environment, arising from the operation, the unmanned aircraft must have the corresponding and specific features and functionalities which take into account the principles of privacy and protection of personal data by design and by default. According to this obligation and the needs those features and functionalities must ensure easy identification of the aircraft and of the nature and purpose of the operation; and must ensure that applicable limitations, prohibitions or conditions be complied with, notably with respect to the operation in particular geographical zones, beyond certain distances from the operator or at certain altitudes.
Amendment 1094 #
Proposal for a regulation
Annex IX – point 2 – paragraph 2 – point 2.1 – point a a (new)
Annex IX – point 2 – paragraph 2 – point 2.1 – point a a (new)
(aa) All unmanned aircraft and its owner/user must be registered and thus be traceable.
Amendment 1095 #
Proposal for a regulation
Annex IX – point 2 – paragraph 2 – point 2.1 – point b a (new)
Annex IX – point 2 – paragraph 2 – point 2.1 – point b a (new)
(ba) Unmanned aircraft that have a weight of at least 250 gram and can fly with a speed of more than 50 km/h and above 150 meters altitude must be certified, ensuring that it corresponds to the requirements of being visual, can signal, communicate, avoid critical zones, other aircraft and persons, return to its base and other specificities that depend on the type of the mission.
Amendment 1096 #
Proposal for a regulation
Annex IX – point 2 – paragraph 2 – point 2.1 – point b b (new)
Annex IX – point 2 – paragraph 2 – point 2.1 – point b b (new)
(bb) Unmanned aircraft that can fly over 150 meters must correspond with same requirements than other aircraft; it must inter alia have a certified flight plan, a permanent communication system between its operator and air traffic controllers and correspond to the emergency rules.
Amendment 1097 #
Proposal for a regulation
Annex IX – point 2 – paragraph 2 – point 2.1 – point b c (new)
Annex IX – point 2 – paragraph 2 – point 2.1 – point b c (new)
(bc) All unmanned aircraft products must be accompanied by leaflets to ensure a culture of safety and environmentally friendliness for the user and all kinds of publicity, including by internet, must show the main items of such leaflets;
Amendment 1099 #
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. This person shall have a license, also demonstrate medical physical and psychological fitness, if this is necessary to mitigate the risks involved in the operation concerned. Sanctions must apply to those who do not respect rules granted through the license, particularly when not respecting restrictions or bans to fly over critical and dangerous zones, such as chemical and nuclear plants.