[ParlTrack]

Jan-Christoph OETJEN, Izaskun BILBAO BARANDICA, José Ramón BAUZÁ DÍAZ, Elsi KATAINEN

Proposal for a regulation
Recital 5

(5) In line with the principles set out above, the Regulatory Board for Performance Review should ~~act~~be fully independently and should not seek or follow instructions or accept recommendations from a government of a Member State, from the Commission, from the Agency or any other public or private entity.

2021/02/04
Committee: TRAN

Jan-Christoph OETJEN, Izaskun BILBAO BARANDICA, José Ramón BAUZÁ DÍAZ, Elsi KATAINEN

Proposal for a regulation
Recital 6

(6) The ~~Management Board of the Agency should have the necessary powers in particular to~~Regulatory Board of Performance Review should appoint the Director for Performance Review.

2021/02/04
Committee: TRAN

Jan-Christoph OETJEN, Izaskun BILBAO BARANDICA, José Ramón BAUZÁ DÍAZ, Elsi KATAINEN

Proposal for a regulation
Recital 7

(7) The Director for Performance Review should in particular be the legal representative of the Agency in matters of performance review and be in charge of the day-to-day administration in respect of this matter, as well as of various preparatory tasks. The Director for Performance Review should also draft and submit the section on performance review of the programming document, the annual work programme and the annual activity report of the Agency. The Regulatory Board for Performance Review as an fully independent body should be involved in those activities as necessary.

2021/02/04
Committee: TRAN

Jan-Christoph OETJEN, Izaskun BILBAO BARANDICA, José Ramón BAUZÁ DÍAZ, Elsi KATAINEN

Proposal for a regulation
Recital 12

(12) It is appropriate that designated air traffic service providers contribute to the ~~setting up~~running 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, 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

Jan-Christoph OETJEN, Izaskun BILBAO BARANDICA, José Ramón BAUZÁ DÍAZ, Elsi KATAINEN

Proposal for a regulation
Recital 16

(16) In order to establish uniform rules regarding the calculation of annual contributions, in particular the methodology to allocate the estimated expenditure to categories of designated air traffic service providers and the criteria to determine the level of individual contributions based on size, implementing powers should be conferred on the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council3 . _________________ 3Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission's exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).deleted

2021/02/04
Committee: TRAN

Jan-Christoph OETJEN, Izaskun BILBAO BARANDICA, José Ramón BAUZÁ DÍAZ

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

Regulation (EU) 2018/1139
Article 3 – paragraph 1 – point 10 b (new)

(5 a) "designated air traffic service provider" means designated air traffic service as defined in Article 2 (10b new) of [Amended SES2+];

2021/02/04
Committee: TRAN

Jan-Christoph OETJEN, Izaskun BILBAO BARANDICA

Proposal for a regulation
Article 1 – paragraph 1 – point 1 a (new) Regulation (EU) 2018/1139

(1 a) Article 84 is amended as follows: 1.The Commission may, at the request of the Agency acting as PRB, impose on a legal or natural person responsible for the performance of Air Navigation Service Providers, in accordance with this Regulation and Article 42 a of [Amended SES 2+] , either one or both of the following: (a) a fine, where that person infringed, intentionally or negligently, one of the provisions of [Amended SES 2+] , (b) a periodic penalty payment where that person continues to infringe one of those provisions, in order to compel that person to comply with those provisions. 2.The amount fines and periodic penalty payments referred to in paragraph 1 shall be effective and proportionate.The amount of the fines shall not exceed 4 % of the annual income or turnover of the legal or natural person concerned.The amount of the periodic penalty shall not exceed 2,5 % of the average daily income or turnover of the legal or natural person concerned. 3.The Commission shall only impose fines and periodic penalty payments pursuant to paragraph 1 when other measures provided for in this Regulation and in the delegated and implementing acts adopted on the basis thereof to address such infringements are inadequate or disproportionate. 4.With regard to the imposition of fines and periodic penalty payments in accordance with this Article, the Commission shall adopt delegated acts in accordance with Article 128, laying down: (a) detailed criteria and a detailed methodology for establishing the amounts of the fines and periodic penalty payments; (b) detailed rules for enquiries, associated measures and reporting, as well as decision-making, including provisions on rights of defence, access to file, legal representation, confidentiality and temporary provisions;and (c) procedures for the collection of the fines and periodic penalty payments. 5.The Court of Justice shall have unlimited jurisdiction to review decisions of the Commission taken pursuant to paragraph 1.It may cancel, reduce or increase the fine or periodic penalty payment imposed. 6. The decisions of the Commission taken pursuant to paragraph 1 shall not be of a criminal law nature

2021/02/04
Committee: TRAN

Jan-Christoph OETJEN, Izaskun BILBAO BARANDICA

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

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

(b a) request for corrective measures, including fines and periodic penalty payments as laid down in Article 84 a.

2021/02/04
Committee: TRAN

Jan-Christoph OETJEN, Izaskun BILBAO BARANDICA, José Ramón BAUZÁ DÍAZ, Elsi KATAINEN

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

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

(l) take decisions on the establishment of the internal structures of the Agency at directors’ level and, where necessary, their modifications, subject, in the case of internal structures concerning performance review, to a corresponding request by the Director for Performance Review and a positive opinion of the Regulatory Board for Performance Review with the exception of the structure of the agency acting as PRB. Any such decisions shall ~~not affect~~guarantee the separation between the Regulatory Board for Performance Review, the Director for Performance Review, the Advisory Board for Performance Review, the Appeal Board for Performance Review and the staff working exclusively for the Agency acting as PRB on the one hand, and the other bodies and function holders of the Agency on the other hand;;

2021/02/04
Committee: TRAN

Izaskun BILBAO BARANDICA, Elsi KATAINEN, Jan-Christoph OETJEN, José Ramón BAUZÁ DÍAZ

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

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

(b) the following paragraph 2a is inserted: ‘2a. In respect of matters regarding performance review, the Management Board shall: (a) after consulting the Regulatory Board for Performance Review and obtaining its favourable opinion, appoint the Director for Performance Review in accordance with Article 114g and where relevant extend his or her term of office or remove him or her from office; (b) appoint the members of the Regulatory Board for Performance Review in accordance with Article 114c; (c) after consulting the Regulatory Board for Performance Review, appoint the members of the Appeal Board for Performance Review in accordance with Article 114l; (d) decide, after obtaining the agreement of the Commission, and as regards the revenue and expenditure in respect of performance review, whether to accept any legacies, donations or grants from other Union sources or any voluntary contribution from the Member States or from the national supervisory authorities referred to in Article 3 of [Amended SES2+]; (e) after consulting the Regulatory Board for Performance Review, exercise disciplinary authority over the Director for Performance Review; (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); (g) 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, adopt and regularly update the communication and dissemination plans on performance review referred to Article 119a(5); (h) subject to the favourable opinion of the Regulatory Board for Performance Review, authorise the conclusion of working arrangements in accordance with Article 129a(4); (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.;’deleted

2021/02/04
Committee: TRAN

Jan-Christoph OETJEN, Izaskun BILBAO BARANDICA, José Ramón BAUZÁ DÍAZ, Elsi KATAINEN

Proposal for a regulation
Article 1 – paragraph 1 – point 6 – point a

Regulation (EU) 2018/1139
Article 101 – paragraph 3

3. The Executive Director of the Agency shall take part in the deliberations, without the right to vote. Upon invitation of the Director for Performance Review, the Executive Director of the Agency may be invited to take part in the deliberations on matters related to the ~~the~~ function of the Agency acting as PRB, without the right to vote.;

2021/02/04
Committee: TRAN

Jan-Christoph OETJEN, Izaskun BILBAO BARANDICA, José Ramón BAUZÁ DÍAZ, Elsi KATAINEN

Proposal for a regulation
Article 1 – paragraph 1 – point 6 – point b

Regulation (EU) 2018/1139
Article 101 – paragraph 3 a

3a. The Director for Performance Review shall take part in the deliberations on areas directly or indirectly related to the function of the Agency acting as PRB, without the right to vote.; Upon invitation of the Executive Director of the Agency, the Director for Performance Review may be invited to take part in the deliberations on matters related to the function of the Agency, without the right to vote.

2021/02/04
Committee: TRAN

Jan-Christoph OETJEN, Izaskun BILBAO BARANDICA, José Ramón BAUZÁ DÍAZ, Elsi KATAINEN

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

Regulation (EU) 2018/1139
Article 101 – paragraph 4

4. In order for them to be adopted, decisions on budgetary, human resources or administrative matters, in particular matters referred to in Article 98(2), points (d), (f), (h), (m), (n), (o) and (q), ~~Article 98(2a), points (a), (b), (c), (e) and (f)),~~ and Article 98(7) require a positive vote from the representative of Commission in the Management Board.;

2021/02/04
Committee: TRAN

Jan-Christoph OETJEN, Izaskun BILBAO BARANDICA, José Ramón BAUZÁ DÍAZ, Elsi KATAINEN

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

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

(c) ~~provide an opinion to the Management Board on the candidate to be appointed as~~appoint the Director for Performance Review in accordance with ~~point (a) of Article 98(2a) and~~ Article 114g(2), and where applicable his or her removal from office in accordance with Article 114g(6);

2021/02/04
Committee: TRAN

Jan-Christoph OETJEN, Izaskun BILBAO BARANDICA, José Ramón BAUZÁ DÍAZ, Elsi KATAINEN

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

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

(d a) decide, after obtaining the agreement of the Commission, and as regards the revenue and expenditure in respect of performance review, whether to accept any legacies donations or grants from other Union sources or any voluntary contribution from the Member States or from the national supervisory authorities referred to in Article 3 of [Amended SES2+];

2021/02/04
Committee: TRAN

Jan-Christoph OETJEN, Izaskun BILBAO BARANDICA, José Ramón BAUZÁ DÍAZ, Elsi KATAINEN

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

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

(f) ~~provide an opinion to the Management Board~~elaborate with the Management Board and obtain its approval on the procedures for issuing opinions, recommendations and decisions by the Agency acting as PRB in accordance with point (f) of Article ~~98(2a~~119a (4);

2021/02/04
Committee: TRAN

Jan-Christoph OETJEN, Izaskun BILBAO BARANDICA, José Ramón BAUZÁ DÍAZ, Elsi KATAINEN

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

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

(g) ~~provide an opinion to~~on the basis of a proposal by the Director for Performance Review ~~on its proposal for~~, adopt and regularly update the communication and dissemination plans on performance review referred to in Article 119a(5)~~, in accordance with point (g) of Article 98(2a);~~.

2021/02/04
Committee: TRAN

Jan-Christoph OETJEN, Izaskun BILBAO BARANDICA, José Ramón BAUZÁ DÍAZ, Elsi KATAINEN

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

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

(h) ~~provide an opinion to~~on the basis of a proposal by the Director for Performance Review ~~on the~~ establish~~ment~~ or modif~~ication of~~y the internal structures concerning performance review;

2021/02/04
Committee: TRAN

Jan-Christoph OETJEN, Izaskun BILBAO BARANDICA, José Ramón BAUZÁ DÍAZ, Elsi KATAINEN

(i) ~~provide an opinion to the Management Board as regards potential actions to be taken pursuant to point (e) of Article 98(2a)~~exercise disciplinary authority over the Director for Performance Review;

2021/02/04
Committee: TRAN

Jan-Christoph OETJEN, Izaskun BILBAO BARANDICA, José Ramón BAUZÁ DÍAZ, Elsi KATAINEN

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

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

(i a) 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;

2021/02/04
Committee: TRAN

Jan-Christoph OETJEN, Izaskun BILBAO BARANDICA, José Ramón BAUZÁ DÍAZ

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

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

(l) provide an opinion to the ~~Management Board~~Commission on the candidates to be appointed as members of the Appeal Board for Performance Review in accordance with article 114l. That opinion shall not be binding.

2021/02/04
Committee: TRAN

Jan-Christoph OETJEN, Izaskun BILBAO BARANDICA, José Ramón BAUZÁ DÍAZ, Elsi KATAINEN

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 skills and experience relevant to the air traffic management or economic regulation of network industries. 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

Jan-Christoph OETJEN, Izaskun BILBAO BARANDICA, José Ramón BAUZÁ DÍAZ, Elsi KATAINEN

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

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

3. When carrying out the tasks conferred upon it by this Regulation, the Regulatory Board for Performance Review shall ~~act~~be independently and shall not seek or follow instructions from any government of a Member State, from the Commission, or from the Agency or any another public or private entity.

2021/02/04
Committee: TRAN

Jan-Christoph OETJEN, Izaskun BILBAO BARANDICA, José Ramón BAUZÁ DÍAZ, Elsi KATAINEN

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, 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

Jan-Christoph OETJEN, Izaskun BILBAO BARANDICA, José Ramón BAUZÁ DÍAZ, Elsi KATAINEN

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

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

4. The ~~Management Board~~Regulatory Board for Performance Review, acting on a proposal from the Commission and giving the utmost consideration to the assessment referred to in paragraph 3 ~~and following a favourable opinion of the Regulatory Board for Performance Review~~, may extend the term of office of the Director for Performance Review once by no more than five years. A Director for Performance Review whose term of office has been extended shall not participate in another selection procedure for the same post at the end of the extended period.

2021/02/04
Committee: TRAN

Jan-Christoph OETJEN, Izaskun BILBAO BARANDICA, José Ramón BAUZÁ DÍAZ, Elsi KATAINEN

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~~Regulatory Board for Performance Review, acting on a proposal from the Commission~~, after having obtained a favourable opinion of the Regulatory Board for Performance Review~~.

2021/02/04
Committee: TRAN

Jan-Christoph OETJEN, Izaskun BILBAO BARANDICA, José Ramón BAUZÁ DÍAZ, Elsi KATAINEN

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~~Regulatory Board for Performance Review 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.

2021/02/04
Committee: TRAN

Jan-Christoph OETJEN, Izaskun BILBAO BARANDICA, José Ramón BAUZÁ DÍAZ, Elsi KATAINEN

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

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

1. The Director for Performance Review shall be accountable to the ~~Management Board~~Regulatory Board for Performance Review with respect to administrative, budgetary and managerial matters, but shall remain fully independent concerning his or her tasks under paragraph 3, point (d). Without prejudice to the ~~respective~~ roles of the ~~Management Board and the~~ Regulatory Board for Performance Review in relation to the tasks of the Director for Performance Review, the Director for Performance Review shall neither seek nor follow any instruction from any government, from the Union institutions, or from any other public or private entity or person.

2021/02/04
Committee: TRAN

Jan-Christoph OETJEN, Izaskun BILBAO BARANDICA, José Ramón BAUZÁ DÍAZ, Elsi KATAINEN

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+], to be submitted to the ~~Management Board for adoption following a favourable opinion of the~~ Regulatory Board for Performance Review; for adoption.

2021/02/04
Committee: TRAN

Jan-Christoph OETJEN, Izaskun BILBAO BARANDICA, José Ramón BAUZÁ DÍAZ, Elsi KATAINEN

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

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

(l) ~~following a favourable opinion of~~requesting the Regulatory Board for Performance Review~~, requesting the Management Board~~ to establish or modify the internal structures concerning performance review;

2021/02/04
Committee: TRAN

Jan-Christoph OETJEN, Izaskun BILBAO BARANDICA, José Ramón BAUZÁ DÍAZ, Elsi KATAINEN

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

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

(m) preparing the draft communication and dissemination plans concerning performance review referred to in Article 119a(5), to be submitted to the ~~Management Board for adoption following the favourable opinion of the~~ Regulatory Board for Performance Review.

2021/02/04
Committee: TRAN

Jan-Christoph OETJEN, Izaskun BILBAO BARANDICA, José Ramón BAUZÁ DÍAZ, Elsi KATAINEN

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

Regulation (EU) 2018/1139
Section II a – Article 114 h – paragraph 4 – subparagraph 1

4. For the purposes of paragraph 3, point (d), opinions, recommendations and decisions of the Agency acting as PRB referred to in [Amended SES2+] and in Article 129a of this Regulation shall be adopted only after having obtained the favourable opinion of the Regulatory Board for Performance Review.

2021/02/04
Committee: TRAN

Jan-Christoph OETJEN, Izaskun BILBAO BARANDICA, José Ramón BAUZÁ DÍAZ, Elsi KATAINEN

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

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

2. The members of the Appeal Board for Performance Review shall be formally appointed by the ~~Management Board, on a proposal from the~~ Commission, following a public call for expression of interest, after consulting the Regulatory Board for Performance Review.

2021/02/04
Committee: TRAN

Jan-Christoph OETJEN, Izaskun BILBAO BARANDICA, José Ramón BAUZÁ DÍAZ, Elsi KATAINEN

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

Regulation (EU) 2018/1139
Section II a – Article 114 l – paragraph 5

5. The members of the Appeal Board for Performance Review shall be independent in making their decisions. They shall not be bound by any instructions. They shall not perform any other duties in the Agency, in its Management Board, in the Regulatory Board for Performance Review or in the Advisory Board for Performance Review. A member of the Appeal Board for Performance Review shall not be removed during his or her term of office, unless he or she has been found guilty of serious misconduct, and the Commission~~, after receiving the opinion of the Management Board,~~ has taken a decision to that effect.

2021/02/04
Committee: TRAN

Jan-Christoph OETJEN, Izaskun BILBAO BARANDICA, José Ramón BAUZÁ DÍAZ, Elsi KATAINEN

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

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

Where the Appeal Board for Performance Review finds that the appeal is not admissible or that the grounds for appeal are not founded, it shall reject the appeal. Where the Appeal Board for Performance Review finds that the appeal is admissible and that the grounds for appeal are founded, it shall remit the case to the Agency~~. The Agency~~ acting as PRB. The Agency acting as PRB shall take a new reasoned decision taking into account the decision by the Appeal Board for Performance Review.

2021/02/04
Committee: TRAN

Jan-Christoph OETJEN, Izaskun BILBAO BARANDICA, José Ramón BAUZÁ DÍAZ, Elsi KATAINEN

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

Regulation (EU) 2018/1139
Article 119 a – paragraph 4 – introductory part

4. The Agency acting as PRB shall adopt and publish adequate and proportionate procedures for issuing opinions, recommendations and decisions by the Agency acting as PRB, in accordance with the procedure set out in Article ~~98(2a),~~114b(1) point (f). Those procedures shall:

2021/02/04
Committee: TRAN

Jan-Christoph OETJEN, Izaskun BILBAO BARANDICA, José Ramón BAUZÁ DÍAZ, Elsi KATAINEN

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, 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~~Regulatory Board for Performance Review in accordance with point (g) of Article ~~98(2a~~114b (1).;

2021/02/04
Committee: TRAN

Jan-Christoph OETJEN, Izaskun BILBAO BARANDICA, José Ramón BAUZÁ DÍAZ, Elsi KATAINEN

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 financial contribution from the Union for setting up of the Agency acting as PRB for all the expenditures necessary to initiate the supervision by the Agency acting as PRB.

2021/02/04
Committee: TRAN

Jan-Christoph OETJEN, Izaskun BILBAO BARANDICA, José Ramón BAUZÁ DÍAZ, Elsi KATAINEN

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

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

(b) annual contributions from designated air traffic service providers, based on the annual estimated expenditure relating to the activities on performance review to be carried out by the Agency acting as PRB as required by [Amended SES2+] for each category of designated air traffic service providers;deleted

2021/02/04
Committee: TRAN

Jan-Christoph OETJEN, Izaskun BILBAO BARANDICA, José Ramón BAUZÁ DÍAZ, Elsi KATAINEN

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

Regulation (EU) 2018/1139
Article 120 a – paragraph 8

~~8. The annual contributions referred to in paragraph 3, point (b) shall be col~~delected for five financial years. To this effect, they shall be due for the first time by 31 March [XXXX - year] – OP please insert the first financial year beginning after the entry into force of this Regulation)], in respect of that financial year, and on 31 March of each of the four subsequent financial years, for those financial years respectively. The Commission shall adopt implementing acts setting out detailed rules determining how the annual contributions by designated air traffic service providers referred to in paragraph 2, point (b) are to be calculated, in accordance with Article 126b. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 127(3).;

2021/02/04
Committee: TRAN

Jan-Christoph OETJEN, Izaskun BILBAO BARANDICA, José Ramón BAUZÁ DÍAZ

Proposal for a regulation
Article 1 – paragraph 1 – point 18 Regulation (EU) 2018/1139

4. The Commission shall adopt ~~implementing acts laying down detailed rules relat~~delegated acts in accordance with Article 128 concerning tohe fees and charges levied by the Agency for its function as PRB, specifying in particular the amount of the fees and charges and the way in which they are paid. ~~Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 127(3).~~

2021/02/04
Committee: TRAN

Jan-Christoph OETJEN, Izaskun BILBAO BARANDICA, José Ramón BAUZÁ DÍAZ, Elsi KATAINEN

~~Implementing acts regarding the calculation of annual contributions by designated air traffic service providers~~deleted

2021/02/04
Committee: TRAN

Jan-Christoph OETJEN, Izaskun BILBAO BARANDICA, José Ramón BAUZÁ DÍAZ, Elsi KATAINEN

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

Regulation (EU) 2018/1139
Article 126 b – paragraph 1 – subparagraph 1

The implementing acts referred to in Article 120a(8) , shall establish the following: (a) a methodology to allocate the estimated expenditure to categories of designated air traffic service providers, as a basis for determining the share of contributions to be made by designated air traffic service providers of each category; (b) appropriate and objective criteria to determine the annual contributions payable by individual designated air traffic service providers based on their size so as to approximately reflect their importance in the market.deleted

2021/02/04
Committee: TRAN

Jan-Christoph OETJEN, Izaskun BILBAO BARANDICA, José Ramón BAUZÁ DÍAZ, Elsi KATAINEN

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

Regulation (EU) 2018/1139
Article 126 b – paragraph 1 – subparagraph 2

The categories referred to in point (a) of the first paragraph shall be firstly en route air traffic service providers, secondly terminal air traffic service providers subject to the oversight of the Agency acting as PRB, and thirdly providers offering both types of services. The criteria to be established in accordance with point (b) shall in particular ensure equal treatment of the providers concerned, in respect of each type of service. The size of the air traffic service providers shall be calculated based on the amount of actual revenues produced by the provision of air navigation services over the reference period preceding the reference period during which this Regulation enters into force.;deleted

2021/02/04
Committee: TRAN

Jan-Christoph OETJEN, Izaskun BILBAO BARANDICA, José Ramón BAUZÁ DÍAZ

Proposal for a regulation
Article 1 – paragraph 1 – point 18 a (new)

Regulation (EU) 2018/1139
Article 128

(18 a) Article 128 is amended as follows: 1.The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article. 2.The power to adopt delegated acts referred to in Articles 19, 28, 32, 39, 47, 54, 58, 61, 62(13), 68(3), 84(4), 84a, 105, 106 and 126a shall be conferred on the Commission for a period of 5 years from [.......].The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period.The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period. 3.The delegation of power referred to in Articles 19, 28, 32, 39, 47, 54, 58, 61, 62(13), 68(3), 84(4), 84a, 105, 106 and 126a may be revoked at any time by the European Parliament or by the Council.A decision to revoke shall put an end to the delegation of the power specified in that decision.It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein.It shall not affect the validity of any delegated acts already in force. 4.Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making. 5.As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council. 6.A delegated act referred to in Articles 19, 28, 32, 39, 47, 54, 58, 61, 62(13), 68(3), 84(4), 84a, 105, 106 and 126a shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.

2021/02/04
Committee: TRAN

Jan-Christoph OETJEN, Izaskun BILBAO BARANDICA, José Ramón BAUZÁ DÍAZ, Elsi KATAINEN

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

2. Subject to the conclusion of an agreement to that effect between the Union and third countries as referred to in paragraph 21, the Agency acting as PRB may also exercise its tasks under [Amended SES2+] with regard to third countries, provided that those third countries have adopted and apply the relevant rules in accordance with paragraph 21 and have mandated the Agency acting as PRB to coordinate the activities of their national supervisory authorities with those of the national supervisory authorities of Member States.

2021/02/04
Committee: TRAN

Jan-Christoph OETJEN, Izaskun BILBAO BARANDICA, José Ramón BAUZÁ DÍAZ, Elsi KATAINEN

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

Regulation (EU) 2018/1139
Article 129 a – paragraph 3

3. The agreements referred to in paragraph 21 shall specify the nature, scope and procedural aspects of the involvement of those countries in the work of the Agency acting as PRB and shall include provisions relating to financial contributions and to staff. Those agreements may provide for the establishment of working arrangements.;

2021/02/04
Committee: TRAN

47 Amendments of Izaskun BILBAO BARANDICA related to 2020/0264(COD)

ParlTrack - 2011-2024