BETA

Activities of Karima DELLI related to 2020/0264(COD)

Shadow reports (1)

2021/06/28
Committee: TRAN
Dossiers: 2020/0264(COD)
Documents: PDF(262 KB) DOC(87 KB)
Authors: [{'name': 'Bogusław LIBERADZKI', 'mepid': 23768}]

Amendments (45)

Proposal for a regulation
Recital 12

(12) It is appropriate that designated air traffic service providers contribute to the setting up of the operation of the Agency acting as PRB and its continuous functioning. Designated air traffic service providers hold natural monopolies in respect of the services concerned, and those services are remunerated by airspace users. Because of this specific feature, it is necessary that the performance and charging schemes be applied to them, so as to optimise the provision of the services concerned on a number of points~~. The principal role of the Agency acting as PRB consists in the application of those schemes~~, especially regarding the targeted reduction of aggregated greenhouse emissions of at least 10% envisaged within the Single European Sky. The principal role of the Agency acting as PRB consists in the application of those schemes, with priority to those relating to climate and environmental performance in line with the emission reduction targets of the European Climate Law and the objectives of the European Green Deal, and the funds necessary for its setting up can therefore be considered as necessary for reasons linked to the peculiar features and the peculiar position of the providers of the services concerned.

2021/02/04
Committee: TRAN

Proposal for a regulation
Recital 17

(17) Running costs relate to the cost of the activities conducted by the Agency acting as PRB, in respect of the performance and charging schemes, with a particular focus on those relating to climate and environmental performance, once the operation of this activity has been set up. Running costs of the Agency acting as PRB should equally be financed by designated air traffic services providers. However, the funding should be based on fees and charges, on account of interventions necessary for the application of the performance and charging schemes. This form of funding can also be expected to enhance the autonomy and independence of the Agency acting as PRB.

2021/02/04
Committee: TRAN

Proposal for a regulation
Article 1 – paragraph 1 – point 1

Regulation (EU) 2018/1139
Article 3 – paragraph 1 – point 5

(5) ‘ATM/ANS’ means air traffic management and air navigation services and covers all of the following: the air traffic management functions and services as defined in point (9) of Article 2 of [amended SES2+]; the air navigation services as defined in point (4) of Article 2 of that Regulation, including the network functions referred to in Article 26 of that Regulation, as well as services which augment signals emitted by satellites of core constellations of GNSS for the purpose of air navigation; flight procedures design; services consisting in the origination and processing of data and the formatting and delivering of data to general air traffic for the purpose of air navigation; and air traffic data services which are the services consisting in the collection, aggregation and integration of operational data from providers of surveillance services, from providers of meteorological services (MET) and aeronautical information services (AIS) and network functions and from other relevant entities, and/or the provision of processed data for air traffic control and air traffic management purposes;, including data related to the different greenhouse emissions;

2021/02/04
Committee: TRAN

Proposal for a regulation
Article 1 – paragraph 1 – point 2

Regulation (EU) 2018/1139
Article 93 – paragraph 2 – introductory part

2. Where it has the relevant expertise, whether or not in its capacity as PRB, the Agency shall, upon request, provide technical assistance to the Commission, in the implementation of the Single European Sky, including on the performance and charging scheme, in particular those relating to climate and environmental performance in line with the emission reduction targets of the European Climate Law and the objectives of the European Green Deal, by:

2021/02/04
Committee: TRAN

Proposal for a regulation
Article 1 – paragraph 1 – point 2

Regulation (EU) 2018/1139
Article 93 – paragraph 2 a (new)

2 a. Where it lacks technical expertise, it shall consult with scientific experts, particularly in the field of climate and environment, in order to ensure full alignment with the greenhouse emission reduction targets within the European Climate Law and the objectives of the European Green Deal;

2021/02/04
Committee: TRAN

Proposal for a regulation
Article 1 – paragraph 1 – point 4 – point b

Regulation (EU) 2018/1139
Article 98 – paragraph 2a – point f

(f) after consultation of the Regulatory Board for Performance Review, establish procedures for issuing opinions, recommendations and decisions by the Agency acting as PRB as referred to in Article 119a(4), ensuring specifically scientific review in the domains of climate and environment;

2021/02/04
Committee: TRAN

Proposal for a regulation
Article 1 – paragraph 1 – point 4 – point b

Regulation (EU) 2018/1139
Article 98 – paragraph 2a – point i

(i) subject to the favourable opinion of the Regulatory Board for Performance Review, and on the basis of a proposal by the Director for Performance Review, establish mechanisms and procedures for consultation of stakeholders referred to in Article 38 of [Amended SES2+] and Article 119a of this Regulation., ensuring particularly the due involvement of scientific experts in the domain of climate and environmental performance;

2021/02/04
Committee: TRAN

Proposal for a regulation
Article 1 – paragraph 1 – point 4 – point c

Regulation (EU) 2018/1139
Article 98 – paragraph 4

4. The Management Board shall establish an advisory body representing the full range of interested parties affected by the work of the Agency, including particularly workers' representatives, which it shall consult prior to making decisions in the fields referred to in paragraph 2, points (c), (e), (f) and (i). The Management Board shall fully integrate the contribution provided by the Director for Performance Review in accordance with Article 114h when making decisions in the fields referred to in paragraph 2, points (c) and (f), and particularly the procedures relating to the climate and environmental domains. The Management Board may also decide to consult the advisory body on other issues referred to in paragraphs 2 and 3, except the areas related to the function of the Agency acting as PRB. The Management Board shall not, in any case, be bound by the opinion of the advisory body.;

2021/02/04
Committee: TRAN

Proposal for a regulation
Article 1 – paragraph 1 – point 5

Regulation (EU) 2018/1139
Article 99 – paragraph 5

5. The advisory body referred to in Article 98(4) shall appoint four of its members to participate with observer status in the Management Board, except for matters related to performance review, in particular areas referred to in Article 98(2a). They shall represent, as broadly as possible, the different views represented in the advisory body, with at least one of the members being a workers' representative. The initial term of office shall be 48 months and shall be extendable.;

2021/02/04
Committee: TRAN

Proposal for a regulation
Article 1 – paragraph 1 – point 7

Regulation (EU) 2018/1139
Article 102 – paragraph 3

3. The Rules of Procedure of the Management Board shall establish more detailed voting arrangements, in particular the procedure for voting on urgent matters as well as climate or environmental performance matters, the conditions under which a member may act on behalf of another member, as well as any quorum requirements, where appropriate.

2021/02/04
Committee: TRAN

Proposal for a regulation
Article 1 – paragraph 1 – point 8 – point b – point iv

Regulation (EU) 2018/1139
Article 104 – paragraph 3 – point l

(l) preparing an action plan following up conclusions of internal or external audit reports and evaluations, as well as investigations by OLAF, and reporting on progress twice a year to the Commission and regularly to the Management Board. The Executive Director shall coordinate with the Director for Performance Review to ensure coherence with the action plan prepared by the Director for Performance Review as regards activities related to the function of the Agency acting as PRB;, which shall include a chapter regarding the alignment of climate and environmental performances with the emission reduction targets of the European Climate Law and the objectives of the European Green Deal;

2021/02/04
Committee: TRAN

Proposal for a regulation
Article 1 – paragraph 1 – point 9

Regulation (EU) 2018/1139
Section II a – Article 114 b – paragraph 1 – point f

(f) provide an opinion to the Management Board on the procedures for issuing opinions, recommendations and decisions by the Agency acting as PRB in accordance with point (f) of Article 98(2a), particularly the specific scientific review procedures in the domain of environmental and climate performance;

2021/02/04
Committee: TRAN

Proposal for a regulation
Article 1 – paragraph 1 – point 9

Regulation (EU) 2018/1139
Section II a – Article 114 c – paragraph 2

2. The members of the Regulatory Board for Performance Review and their alternates shall be formally appointed by the Management Board, on a proposal from the Commission, after consultation of Eurocontrol, following a public call for expression of interest. The members of the Regulatory Board for Performance Review shall be appointed on the basis of merit as well as to ensure a mix of skills and experience relevant to the air traffic management or economic regulation of network industries, together with scientific knowledge and expertise about the environmental and climate impacts of the aviation sector. In order for it to be adopted, the decision on the appointment of the members of the Regulatory Board for Performance Review requires a positive vote from the Commission representative in the Management Board.

2021/02/04
Committee: TRAN

Proposal for a regulation
Article 1 – paragraph 1 – point 9

Regulation (EU) 2018/1139
Section II a – Article 114 e – paragraph 4

4. The Regulatory Board for Performance Review may invite any person whose opinion might be of interest, such as scientific experts in the domain of climate and environmental performance, to attend its meetings with observer status.

2021/02/04
Committee: TRAN

Proposal for a regulation
Article 1 – paragraph 1 – point 9

Regulation (EU) 2018/1139
Section II a – Article 114 g – paragraph 2

2. The Director for Performance Review shall be appointed by the Management Board following a favourable opinion of the Regulatory Board for Performance Review, on the basis of merit as well as skills and experience relevant to the air traffic management or economic regulation of network industries and with the necessary knowledge about the environmental and climate impacts of aviation, from a list of at least three candidates proposed by the Commission and following an open and transparent selection procedure. In order for it to be adopted, the decision on the appointment of the Director for Performance Review requires a positive vote from the representative of the Commission in the Management Board. For the purpose of concluding the contract with the Director for Performance Review, the Agency shall be represented by the Chairperson of the Management Board.

2021/02/04
Committee: TRAN

Proposal for a regulation
Article 1 – paragraph 1 – point 9

Regulation (EU) 2018/1139
Section II a – Article 114 g – paragraph 3 – point a

(a) the performance of the Director for Performance Review, particularly regarding the achievement of the environmental objectives of the sectorial contribution to the European Green Deal and the reduction of the overall greenhouse emissions since the previous reference period, and which shall be of at least 10%;

2021/02/04
Committee: TRAN

Proposal for a regulation
Article 1 – paragraph 1 – point 9

Regulation (EU) 2018/1139
Section II a – Article 114 g – paragraph 3 – point b

(b) the duties and requirements concerning performance review in the following years, particularly the overall emissions' reduction target in order to ensure compliance with the pathway towards climate neutrality established in the European Climate Law.

2021/02/04
Committee: TRAN

Proposal for a regulation
Article 1 – paragraph 1 – point 9

Regulation (EU) 2018/1139
Section II a – Article 114 g – paragraph 6

6. The Director for Performance Review may be removed from office only upon a decision of the Management Board, acting on a proposal from the Commission, after having obtained a favourable opinion of the Regulatory Board for Performance Review, particularly in cases of manifest deviation from compliance with the environmental and climate performance targets.

2021/02/04
Committee: TRAN

Proposal for a regulation
Article 1 – paragraph 1 – point 9

Regulation (EU) 2018/1139
Section II a – Article 114 g – paragraph 7

7. The Management Board shall reach decisions on appointment, extension of the term of office or removal from office of the Director for Performance Review on the basis of a two-thirds majority of its members with voting rights. The Director for Performance Review shall not hold any professional position or responsibility with any air navigation service provider after his or her term as Director for Performance Review, for at least a period of two years, nor have held it for the one year prior to the appointment.

2021/02/04
Committee: TRAN

Proposal for a regulation
Article 1 – paragraph 1 – point 9

Regulation (EU) 2018/1139
Section II a – Article 114 h – paragraph 3 – point f

(f) taking the necessary measures, in particular as regards adopting internal administrative instructions and publishing notices, to ensure the functioning of Agency’s work on performance review in accordance with [amended SES2+], with a particular emphasis in the areas of climate and environment;

2021/02/04
Committee: TRAN

Proposal for a regulation
Article 1 – paragraph 1 – point 9

Regulation (EU) 2018/1139
Section II a – Article 114 h – paragraph 3 – point i

(i) preparing annually the draft section on performance review of the consolidated annual activity report including an independent section on the regulatory activities related to performance review, which shall include a chapter regarding the alignment of climate and environmental performances with the emission reduction targets of the European Climate Law and the objectives of the European Green Deal, and a section on financial and administrative matters, and submitting it to the Executive Director for its integration in the consolidated annual activity report. Any change to the input on performance review shall only be made upon approval of the Director for Performance Review;

2021/02/04
Committee: TRAN

Proposal for a regulation
Article 1 – paragraph 1 – point 9

Regulation (EU) 2018/1139
Section II a – Article 114 h – paragraph 3 – point k

(k) preparing a proposal for mechanisms and procedures for consultation of stakeholders referred to in Article 38 of [amended SES2+], including the due review by scientific experts on the climate and environmental performance domains, to be submitted to the Management Board for adoption following a favourable opinion of the Regulatory Board for Performance Review;

2021/02/04
Committee: TRAN

Proposal for a regulation
Article 1 – paragraph 1 – point 9

Regulation (EU) 2018/1139
Section II a – Article 114 h – paragraph 4 – subparagraph 2

Before submitting draft opinions, recommendations or decisions to a vote by the Regulatory Board for Performance Review, the Director for Performance Review shall submit proposals for the draft opinions, recommendations or decisions to the relevant working group for consultation sufficiently in advance, particularly on matters concerning climate and environmental performance, requiring additional scientific review.

2021/02/04
Committee: TRAN

Proposal for a regulation
Article 1 – paragraph 1 – point 9

Regulation (EU) 2018/1139
Section II a – Article 114 i – paragraph 1 – point a

(a) exchange information about the work of national supervisory authorities and decision-making principles, best practices and procedures, particularly regarding the alignment of climate and environmental performances with the emission reduction targets of the European Climate Law and the objectives of the European Green Deal, as well as with regard to the application of [Amended SES2+];

2021/02/04
Committee: TRAN

Proposal for a regulation
Article 1 – paragraph 1 – point 9

Regulation (EU) 2018/1139
Section II a – Article 114 i – paragraph 3

3. The Chairperson of the Regulatory Board for Performance Review and the Director for Performance Review may participate in meetings of the Advisory Board for Performance Review and may make recommendations to national supervisory authorities convened as the Advisory Board for Performance Review, as appropriate, on matters related to their expertise on the performance and charging scheme referred to in [Amended SES2+], particularly in view of ensuring a fair contribution of each Member State to the overall sectorial alignment with the emission reduction targets of the European Climate Law and the objectives of the European Green Deal.

2021/02/04
Committee: TRAN

Proposal for a regulation
Article 1 – paragraph 1 – point 9

Regulation (EU) 2018/1139
Section II a – Article 114 j – paragraph 1 – point b

(b) one non-voting representative of the Commission, and one alternate, both with sufficient expertise and knowledge on the environmental and climate impacts of aviation.

2021/02/04
Committee: TRAN

Proposal for a regulation
Article 1 – paragraph 1 – point 9

Regulation (EU) 2018/1139
Section II a – Article 114 l – paragraph 1

1. The Appeal Board for Performance Review shall be composed of six members and six alternates selected from among current or former senior staff of the national supervisory authorities referred to in Article 3 of [Amended SES2+], competition authorities, environmental agencies or other Union or national institutions with relevant experience in the aviation sector, ensuring enough aggregated knowledge of its climate and environmental impacts, among other aspects. The Appeal Board for Performance Review shall designate its Chairperson.

2021/02/04
Committee: TRAN

Proposal for a regulation
Article 1 – paragraph 1 – point 10

Regulation (EU) 2018/1139
Article 117 a – paragraph 1

1. Each year, the Director for Performance Review shall draft the section related to performance review activities of the programming document referred to in Article 117(1), which shall include a chapter regarding the alignment of climate and environmental performances with the emission reduction targets of the European Climate Law and the objectives of the European Green Deal. After the draft being approved by the Regulatory Board for Performance Review, the Director for Performance Review shall submit it to the Executive Director in order to be integrated in the Agency’s draft programming document in accordance with Article 114h(3), point (g). Any change to the section on performance review shall only be made upon approval of the Director for Performance Review.

2021/02/04
Committee: TRAN

Proposal for a regulation
Article 1 – paragraph 1 – point 10

Regulation (EU) 2018/1139
Article 117 a – paragraph 2

2. The section of the annual work programme on performance review in the programming document shall comprise detailed objectives and expected results, including performance indicators, particularly on the climate and environmental domains, in order to assess the alignment with the emission reduction targets of the European Climate Law and the objectives of the European Green Deal. It shall also contain a description of the actions to be financed and an indication of the financial and human resources allocated to each action, in accordance with the principles of activity-based budgeting and management. The section on performance review of the annual work programme shall be coherent with the section on performance review of the multi-annual work programme referred to in paragraph 4. It shall clearly indicate the tasks that have been added, changed or deleted in comparison with the previous financial year.

2021/02/04
Committee: TRAN

Proposal for a regulation
Article 1 – paragraph 1 – point 10

Regulation (EU) 2018/1139
Article 117 a – paragraph 4 – subparagraph 1

4. The section on performance review of the multi-annual work programme in the programming document shall set out the overall strategic programming, including objectives, expected results and performance indicators, allowing particularly to monitor the evolution towards the goal of 10% overall emissions reduction expected from the Single European Sky. It shall also set out resource programming, including the multi-annual budget and staff.

2021/02/04
Committee: TRAN

Proposal for a regulation
Article 1 – paragraph 1 – point 11

Regulation (EU) 2018/1139
Article 118 a – paragraph 1

1. The Director for Performance Review shall draft the section related on performance review of the annual activity report referred to in Article 118(1), which shall include a chapter regarding the progress towards the full alignment with the emission reduction targets of the European Climate Law and the objectives of the European Green Deal. After the draft being approved by the Regulatory Board for Performance Review, the Director for Performance Review shall submit it to the Executive Director in order to be integrated in the consolidated annual activity report in accordance with Article 114h(3), point (i). Any change to the section on performance review of the consolidated annual activity report shall only be made upon approval of the Director for Performance Review.

2021/02/04
Committee: TRAN

Proposal for a regulation
Article 1 – paragraph 1 – point 11

Regulation (EU) 2018/1139
Article 118 a – paragraph 2

2. The section on performance review of the consolidated annual activity report shall include an independent section on regulatory activities, with particular detail concerning the climate and environmental objectives, and a section on financial and administrative matters. The Regulatory Board for Performance Review shall approve the independent section on regulatory activities prior to the submission to the Executive Director, in accordance with Article 114b(1), point (e).;

2021/02/04
Committee: TRAN

Proposal for a regulation
Article 1 – paragraph 1 – point 12

Regulation (EU) 2018/1139
Article 119 a – paragraph 1 – subparagraph 1

1. In carrying out its tasks, the Agency acting as PRB shall extensively consult at an early stage the stakeholders listed in Article 38(3) of [Amended SES2+] and, where relevant, competition authorities or environmental agencies, without prejudice to their respective competence, in an open and transparent manner. In accordance with Article 38 of [Amended SES2+], the Agency acting as PRB shall establish consultation mechanisms for appropriate involvement of those stakeholders, particularly on matters regarding climate and environmental performance, requiring specific scientific review.

2021/02/04
Committee: TRAN

Proposal for a regulation
Article 1 – paragraph 1 – point 12

Regulation (EU) 2018/1139
Article 119 a – paragraph 2 – subparagraph 1

2. The Agency acting as PRB shall ensure that the public and any interested parties are~~, where appropriate,~~ given objective, reliable, updated and easily accessible information, in particular with regard to the results of its work. and more specifically concerning climate and environmental performances;

2021/02/04
Committee: TRAN

Proposal for a regulation
Article 1 – paragraph 1 – point 12

Regulation (EU) 2018/1139
Article 119 a – paragraph 4 – point a a (new)

(a a) undergo, for matters concerning climate and environmental performance, a scientific review by independent experts;

2021/02/04
Committee: TRAN

Proposal for a regulation
Article 1 – paragraph 1 – point 12

Regulation (EU) 2018/1139
Article 119 a – paragraph 5

5. The Agency acting as PRB may engage in communication activities on its own initiative within its field of competence on performance review, chiefly regarding its climate and environmental aspects, and in doing so shall be represented by the Director for Performance Review. The allocation of resources to communication activities shall not be detrimental to the effective exercise of the tasks and powers referred to in [Amended SES2+]. Communication activities shall be carried out in accordance with relevant communication and dissemination plans adopted by the Management Board in accordance with point (g) of Article 98(2a).;

2021/02/04
Committee: TRAN

Proposal for a regulation
Article 1 – paragraph 1 – point 14

Regulation (EU) 2018/1139
Article 120 a – paragraph 3 – point a a (new)

(a a) a fixed percentage from the additional revenue generated by the common standard climate and environmental levy per each flight operated, as established in [Article 20, paragraph 3 section (d) of [Amended SES2+]]

2021/02/04
Committee: TRAN

Proposal for a regulation
Article 1 – paragraph 1 – point 14

Regulation (EU) 2018/1139
Article 120 a – paragraph 7 – subparagraph 1

7. The Director for Performance Review shall draw up each year a draft estimate of the revenue and expenditure for performance review for the following year together with the list of posts for performance review, detailing their intended duties and fields of activity, and shall submit them to the Executive Director for its integration in the draft statement of estimates of the Agency’s revenue and expenditure referred to in Article 120(6).

2021/02/04
Committee: TRAN

Proposal for a regulation
Article 1 – paragraph 1 – point 14

Regulation (EU) 2018/1139
Article 120 a – paragraph 7 – subparagraph 1 a (new)

1 a. The Director for Performance Review shall ensure that in its estimation of the list of posts the necessary amount of resources is foreseen to ensure the necessary service quality of the performance review in the different fields, taking particular account of the needs within climate and environment areas;

2021/02/04
Committee: TRAN

Proposal for a regulation
Article 1 – paragraph 1 – point 16

Regulation (EU) 2018/1139
Article 124 – paragraph 4

4. Paragraphs 1, 2 and 3 shall not apply to the Agency acting as PRB. In conjunction with the evaluation referred to in Article 43 of [Amended SES2+], the Commission shall, by ~~the deadline defined in that Regulation~~2026, carry out an evaluation to assess the Agency’s performance as PRB in relation to its objectives, tasks and powers, particularly in order to enable it to effectively pursue the necessary actions to ensure the due sectorial contribution to the emission reduction targets set by the European Climate Law and the objectives of the European Green Deal. The evaluation shall in particular address the possible need to modify the tasks and powers of the Agency acting as PRB, and the financial implications of any such modification.

2021/02/04
Committee: TRAN

Proposal for a regulation
Article 1 – paragraph 1 – point 18

Regulation (EU) 2018/1139
Article 126 a – paragraph 1 – point d

(d) the establishment of performance targets of designated air traffic service providers in accordance with Article 13(9) of [amended SES2+], in particular within the climate and environmental areas in order to ensure full alignment with the emission reduction targets stemming from the European Climate Law and the objectives of the European Green Deal;

2021/02/04
Committee: TRAN

Proposal for a regulation
Article 1 – paragraph 1 – point 18

Regulation (EU) 2018/1139
Article 126 a – paragraph 1 – point e

(e) where the Agency acts as a supervisory authority in accordance with Article 3(8) of [amended SES2+], the establishment of performance targets of designated air traffic service providers in accordance with Article 14(8) of [amended SES2+], in particular within the climate and environmental areas in order to ensure full alignment with the emission reduction targets stemming from the European Climate Law and the objectives of the European Green Deal;;

2021/02/04
Committee: TRAN

Proposal for a regulation
Article 1 – paragraph 1 – point 18

Regulation (EU) 2018/1139
Article 126 a – paragraph 1 – point h

(h) the issuance of reports, in respect of individual air traffic service providers, on the monitoring of performance, particularly in the climate and environmental domains, in accordance with Article 13(11) of [amended SES2+] and, where the Agency acts as a supervisory authority in accordance with Article 3(8) of [amended SES2+] in accordance with Article 14(10) of [amended SES2+];

2021/02/04
Committee: TRAN

Proposal for a regulation
Article 1 – paragraph 1 – point 18

Regulation (EU) 2018/1139
Article 126 a – paragraph 1 – point i

(i) the adoption of corrective measures, particularly in regard to climate and environment in order to ensure full alignment with the emission reduction targets stemming from the European Climate Law and the objectives of the European Green Deal, in accordance with Article 13(11) of [amended SES2+], and, where the Agency acts as a supervisory authority in accordance with Article 3(8) of [amended SES2+], in accordance with Article 14(10) of that Regulation;

2021/02/04
Committee: TRAN

Proposal for a regulation
Article 1 – paragraph 1 – point 20

Regulation (EU) 2018/1139
Article 129 a – paragraph 2 a (new)

2 a. Priority shall be given to those cooperation agreements with potential to result in a higher overall reduction of climate-impacting emissions;

2021/02/04
Committee: TRAN