Index 
Texts adopted
Wednesday, 12 March 2014 - StrasbourgFinal edition
Pakistan's regional role and political relations with the EU
 Anti-missile shield for Europe
 European fishing sector and the EU-Thailand free trade agreement
 European gastronomic heritage: cultural and educational aspects
 Protection of individuals with regard to the processing of personal data ***I
 Protection of the euro against counterfeiting (Pericles 2020) ***
 
 
 Humanitarian engagement of armed non-State actors in child protection
 Number of interparliamentary delegations, delegations to joint interparliamentary committees and delegations to parliamentary cooperation committees and multilateral Parliamentary Assemblies
 Provision of food information to consumers as regards the definition of 'engineered nanomaterials'
 Processing of personal data for the purposes of crime prevention ***I
 Implementation of the Single European Sky ***I
  Resolution
  Consolidated text
 Aerodromes, air traffic management and air navigation services ***I
  Resolution
  Consolidated text
 Package travel and assisted travel arrangements ***I
 Fluorinated greenhouse gases ***I
 Freedom of movement for workers ***I
 Assessment of the effects of certain public and private projects on the environment ***I
 Statistics relating to external trade with non-member countries (delegated and implementing powers) ***I
 Copernicus Programme ***I
 European GNSS Agency ***I
 Priorities for EU relations with the Eastern partnership countries
 US NSA surveillance programme, surveillance bodies in various Member States and impact on EU citizens' fundamental rights
 Evaluation of justice in relation to criminal justice and the rule of law
 Preparing for a fully converged audiovisual world
 EU citizenship report 2013
 European Public Prosecutor’s Office
 2013 progress report on Turkey
 EU strategy for the Arctic

Pakistan's regional role and political relations with the EU
PDF 230k   DOC 59k
European Parliament resolution of 12 March 2014 on Pakistan’s regional role and political relations with the EU (2013/2168(INI) )
P7_TA(2014)0208

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Anti-missile shield for Europe
PDF 116k   DOC 38k
European Parliament resolution of 12 March 2014 on an anti-missile shield for Europe and its political and strategic implications (2013/2170(INI) )
P7_TA(2014)0209

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European fishing sector and the EU-Thailand free trade agreement
PDF 131k   DOC 48k
European Parliament resolution of 12 March 2014 on the situation and future prospects of the European fishing sector in the context of the Free Trade Agreement between the EU and Thailand (2013/2179(INI) )
P7_TA(2014)0210

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European gastronomic heritage: cultural and educational aspects
PDF 144k   DOC 58k
European Parliament resolution of 12 March 2014 on the European gastronomic heritage: cultural and educational aspects (2013/2181(INI) )
P7_TA(2014)0211

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Protection of individuals with regard to the processing of personal data ***I
PDF 1111k   DOC 815k
European Parliament legislative resolution of 12 March 2014 on the proposal for a regulation of the European Parliament and of the Council on the protection of individuals with regard to the processing of personal data and on the free movement of such data (General Data Protection Regulation) (COM(2012)0011 – C7-0025/2012 – 2012/0011(COD) )
P7_TA(2014)0212

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Protection of the euro against counterfeiting (Pericles 2020) ***
PDF 189k   DOC 34k
European Parliament legislative resolution of 12 March 2014 on the draft Council regulation extending to the non-participating Member States the application of Regulation (EU) No …/2012 establishing an exchange, assistance and training programme for the protection of the euro against counterfeiting (the ‘Pericles 2020’ programme) (16616/2013 – C7-0463/2013 – 2011/0446(APP))
P7_TA(2014)0213

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PDF 193k   DOC 34k
European Parliament legislative resolution of 12 March 2014 on the draft Council decision on the conclusion of the Agreement between the European Union and the Republic of Azerbaijan on the facilitation of the issuance of visas (17846/2013 – C7-0078/2014 – 2013/0356(NLE))
P7_TA(2014)0214

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PDF 194k   DOC 34k
European Parliament legislative resolution of 12 March 2014 on the draft Council decision on the conclusion of the Agreement between the European Union and the Republic of Azerbaijan on the readmission of persons residing without authorisation (15596/2013 – C7-0079/2014 – 2013/0358(NLE))
P7_TA(2014)0215

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Humanitarian engagement of armed non-State actors in child protection
PDF 120k   DOC 41k
European Parliament recommendation to the Council of 12 March 2014 on humanitarian engagement of armed non-state actors in child protection (2014/2012(INI) )
P7_TA(2014)0216

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Number of interparliamentary delegations, delegations to joint interparliamentary committees and delegations to parliamentary cooperation committees and multilateral Parliamentary Assemblies
PDF 119k   DOC 42k
European Parliament decision of 12 March 2014 on the number of interparliamentary delegations, delegations to joint parliamentary committees and delegations to parliamentary cooperation committees and to multilateral parliamentary assemblies (2014/2632(RSO) )
P7_TA(2014)0217

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Provision of food information to consumers as regards the definition of 'engineered nanomaterials'
PDF 205k   DOC 40k
European Parliament resolution of 12 March 2014 on the Commission delegated regulation of 12 December 2013 amending Regulation (EU) No 1169/2011 of the European Parliament and of the Council on the provision of food information to consumers as regards the definition of ‘engineered nanomaterials’ (C(2013)08887 - 2013/2997(DEA))
P7_TA(2014)0218

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Processing of personal data for the purposes of crime prevention ***I
PDF 714k   DOC 285k
European Parliament legislative resolution of 12 March 2014 on the proposal for a directive of the European Parliament and of the Council on the protection of individuals with regard to the processing of personal data by competent authorities for the purposes of prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and the free movement of such data (COM(2012)0010 – C7-0024/2012 – 2012/0010(COD) )
P7_TA(2014)0219

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Implementation of the Single European Sky ***I
PDF 586k   DOC 292k
Resolution
Consolidated text
European Parliament legislative resolution of 12 March 2014 on the proposal for a regulation of the European Parliament and of the Council on the implementation of the Single European Sky (recast) (COM(2013)0410 – C7-0171/2013 – 2013/0186(COD) ) (Ordinary legislative procedure – recast)
P7_TA(2014)0220 A7-0095/2014

The European Parliament,

–   having regard to the Commission proposal to Parliament and the Council (COM(2013)0410 ),

–   having regard to Article 294(2) and Article 100(2) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7‑0171/2013 ),

–   having regard to Article 294(3) of the Treaty on the Functioning of the European Union,

–   having regard to the reasoned opinion submitted, within the framework of Protocol No 2 on the application of the principles of subsidiarity and proportionality, by the Maltese House of Representatives, asserting that the draft legislative act does not comply with the principle of subsidiarity,

–   having regard to the opinion of the European Economic and Social Committee of 11 December 2013(1) ,

–   after consulting the Committee of the Regions,

–   having regard to the Interinstitutional Agreement of 28 November 2001 on a more structured use of the recasting technique for legal acts(2) ,

–   having regard to the letter of 28 November 2013 from the Committee on Legal Affairs to the Committee on Transport and Tourism in accordance with Rule 87(3) of its Rules of Procedure,

–   having regard to Rules 87 and 55 of its Rules of Procedure,

–   having regard to the report of the Committee on Transport and Tourism (A7-0095/2014 ),

A.   whereas, according to the Consultative Working Party of the legal services of the European Parliament, the Council and the Commission, the proposal in question does not include any substantive amendments other than those identified as such in the proposal and whereas, as regards the codification of the unchanged provisions of the earlier acts together with those amendments, the proposal contains a straightforward codification of the existing texts, without any change in their substance;

1.   Adopts its position at first reading hereinafter set out, taking into account the recommendations of the Consultative Working Party of the legal services of the European Parliament, the Council and the Commission;

2.   Calls on the Commission to refer the matter to Parliament again if it intends to amend its proposal substantially or replace it with another text;

3.   Instructs its President to forward its position to the Council, the Commission and the national parliaments.

Position of the European Parliament adopted at first reading on 12 March 2014 with a view to the adoption of Regulation (EU) No .../2014 of the European Parliament and of the Council on the implementation of the Single European Sky (recast)
(Text with EEA relevance)

P7_TC1-COD(2013)0186


THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 100(2) thereof,

Having regard to the proposal from the European Commission,

After transmission of the draft legislative act to the national Parliaments,

Having regard to the opinion of the European Economic and Social Committee(3) ,

After consulting the Committee of the Regions,

Acting in accordance with the ordinary legislative procedure(4) ,

Whereas:

(1)   Regulation (EC) No 549/2004 of 10 March 2004 laying down the framework for the creation of the single European sky (the framework Regulation)(5) , Regulation (EC) No 550/2004 of 10 March 2004 on the provision of air navigation services in the single European sky (the service provision Regulation)(6) , Regulation (EC) No 551/2004 of 10 March 2004 on the organisation and use of the airspace in the single European sky (the airspace Regulation)(7) and Regulation (EC) No 552/2004 of 10 March 2004 on the interoperability of the European air traffic management network (the interoperability Regulation)(8) have been substantially amended. Since further amendments are to be made, they should be recast in the interests of clarity.

(2)   Implementation of the common transport policy requires an efficient air transport system allowing safe and regular operation of air transport services, thus facilitating the free movement of goods, persons and services. [Am. 1]

(3)   The adoption by the European Parliament and the Council of the first package of the single European sky legislation, namely, Regulation (EC) No 549/2004, Regulation (EC) No 550/2004, Regulation (EC) No 551/2004, and Regulation (EC) No 552/2004, laid down a firm legal basis for a seamless, interoperable and safe air traffic management (ATM) system. The adoption of the second package, namely, Regulation (EC) No 1070/2009, further strengthened the Single European Sky initiative by introducing the performance scheme and the Network Manager concepts to further improve the performance of the European Air Traffic Management system

(4)   In Article 1 of the 1944 Chicago Convention on Civil Aviation, the Contracting States recognise that ‘every State has complete and exclusive sovereignty over the airspace above its territory’. It is within the framework of such sovereignty that the Member States of the Union, subject to applicable international conventions, exercise the powers of a public authority when controlling air traffic.

(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 capacity and facilitating the free movement of goods, persons and services.

(5a)   In order to ensure that the expected increase in air traffic does not cause or exacerbate congestion in European airspace, with all the economic, environmental and security costs that that would entail, fragmentation of that airspace should be remedied and this Regulation should be implemented as swiftly as possible. [Am. 2]

(5b)   The implementation of the Single European Sky should have a positive impact in terms of growth, employment and competitiveness in Europe, in particular by increasing demand for jobs requiring advanced qualifications. [Am. 3]

(6)   The simultaneous pursuit of the goals of augmentation of air traffic safety standards and improvement of the overall performance of ATM and ANS for general air traffic in Europe require that the human factor be taken into account. Therefore the Member States should consider , in addition to the introduction of ‘just culture’ principles, relevant performance indicators should be built into the performance scheme of the Single European Sky . [Am. 4]

(7)   The Member States have adopted a general statement on military issues related to the Single European Sky(9) . According to this statement, Member States should, in particular, enhance civil-military cooperation and, if and to the extent deemed necessary by all Member States concerned, facilitate cooperation between their armed forces in all matters of air traffic management in order to facilitate flexible use of airspace . [Am. 5]

(8)   Decisions relating to the content, scope or carrying out of military operations and training do not fall within the sphere of competence of the Union under Article 100(2) of the Treaty on the Functioning of the European Union.

(9)   Member States have restructured, to varying degrees, their national air navigation service providers by increasing their level of autonomy and freedom to provide services. It is necessary to ensure that a well-functioning common market exists for those services that can be provided under market conditions and minimum public-interest requirements are satisfied for those services that are considered natural monopolies under current technological conditions.

(10)   To ensure the consistent and , sound and independent oversight of service provision across Europe, the national supervisory aviation authorities should be guaranteed sufficient independence financial and human resources. This independence should not prevent those authorities from exercising their tasks within an administrative framework. [Am. 6]

(11)   National supervisory aviation authorities have a key role to play in the implementation of the Single European Sky. The Commission and the Commission European Agency for Aviation (EAA) should therefore facilitate cooperation among them in order to enable the exchange of best practices and to develop a common approach, including through enhanced cooperation at regional level, by providing a platform for such exchanges . This cooperation should take place on a regular basis. [Am. 7

(12)   For the implementation of the Single European Sky, the social partners should be better informed and consulted on all measures having significant social implications. At Union level, the Sectoral Dialogue Committee set up under Commission Decision 98/500/EC(10) should also be consulted. [Am. 8]

(13)   The provision of communication, navigation and surveillance services, as well as meteorological, airspace design and aeronautical information services, should together with services formatting and delivering data to general air traffic, could be organised under market conditions whilst taking into account the special features of such services and maintaining ,ensuring a high level of safety and reducing climate impact . [Am. 9]

(14)   There should be no discrimination between airspace users as to the provision of equivalent air navigation services.

(15)   The concept of common projects, aimed at assisting airspace users and/or air navigation service providers to improve collective air navigation infrastructure, the provision of air navigation services and the use of airspace, in particular those that may be required for the implementation of the ATM Master Plan as endorsed by Council Decision 2009/320/EC(11) , in accordance with Article 1(2) of Council Regulation (EC) No 219/2007, should not prejudice pre-existing projects decided by one or several Member States with similar objectives. The provisions on financing of the deployment of common projects should not prejudge the manner in which these common projects are set up. The Commission may propose that funding, such as Trans-European Network Connecting Europe Facility, Horizon 2020 or European Investment Bank funding, may be used in support of common projects, in particular to speed up the deployment of the SESAR programme, within the multiannual financial framework. Without prejudice to access to that funding, Member States should be free to decide how revenues generated by the auctioning of aviation sector allowances under the Emissions Trading Scheme are to be used and to consider in this context whether a share of such revenues might be used to finance common projects at the level of functional airspace blocks. Where applicable, common projects should aim to enable a set of basic interoperable capabilities to exist in all Member States. [Am. 10]

(15a)   Unless specific mechanisms are put in place, air-based and ground-based investment projects relating to the ATM Master Plan may take place in an uncoordinated manner, which could delay the effective deployment of SESAR technologies. [Am. 11]

(16)   The concept of a Network Manager entity is central to improving the performance of Air Traffic Management at network level, by centralising the provision of certain services, which are best performed at network level. In order to facilitate dealing with an aviation crisis, a coordination of the measures to be adopted to prevent and respond to such a crisis should be ensured by the Network Manager. In this context, the Commission should be responsible for ensuring that no conflict of interest arises between the provision of centralised services and the role of the performance review body. [Am. 12]

(17)   The Commission is convinced that the safe and efficient use of airspace can only be achieved through close cooperation between civil and military users of airspace, mainly based on the concept of flexible use of airspace and effective civil-military coordination as established by ICAO, it stresses the importance of enhancing civil military cooperation between civil and military users of airspace with a view to facilitating flexible use of airspace . [Am. 13]

(18)   Accuracy of information 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 and should improve their predictability . 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. [Am. 14]

(19)   The provision of modern, complete, high-quality and timely aeronautical information has a significant impact on safety and on facilitating access to Union airspace and freedom of movement within it. Taking account of the ATM Master Plan, the Union should take the initiative to modernise this sector in cooperation with the Network Manager and ensure that users are able to access those data through a single public point of access, providing a modern, user-friendly and validated integrated briefing.

(20)   In order to take into account the changes introduced in Regulations (EC) No 1108/2009 and (EC) No 1070/2009, it is necessary, in accordance with Article 65a of Regulation (EC) No 216/2008 of the European Parliament and of the Council of 20 February 2008 on common rules in the field of civil aviation and establishing a European Aviation Safety Agency(12) , to align the content of this Regulation with that of Regulation (EC) No 216/2008.

(21)   Furthermore, the technical details of Regulations (EC) No 549/2004, (EC) No 550/2004, (EC) No 551/2004 and (EC) No 552/2004, agreed in 2004 and 2009, should be brought up-to date as well as technical corrections made to take account of progress.

(22)   The geographical scope of this Regulation over the ICAO NAT region should be amended to take account of the existing and planned service provision arrangements and the need to ensure consistency in application of rules to the air navigation service providers and airspace users operating in that area. [Am. 15]

(23)   In line with its roles as an operational organisation and the continuing reform of Eurocontrol, the function of the Network Manager should be further developed towards an industry-led partnership.

(24)   The concept of functional airspace blocks designed to improve the cooperation between air traffic service providers, is an important tool for improving the performance of the European ATM system. To further enhance complement this tool, the functional airspace blocks should be made more performance focused, based on air navigation service providers should be freely able to enter into performance-based industrial partnerships and industry should be given more freedom to modify them in order to reach and, where possible exceed, the performance targets that may overlap with the established functional airspace blocks . [Am. 16]

(25)   The functional airspace blocks should operate in a flexible manner, bringing together service providers across Europe to capitalise on each other's strengths. This flexibility should allow for seeking synergies between providers regardless of their geographical location or nationality and allow for variable formats of service provision to emerge in the search for performance improvements.

(26)   To enhance the customer-focus of air navigation service providers and to increase the possibility of airspace users to influence decisions, which affect them, the consultation and participation of stakeholders in major operational decisions of the air navigation service providers should be made more effective. [Am. 17]

(27)   The performance scheme is a central tool for economic regulation of ATM and the quality and independence of its decisions should be maintained and where possible improved.

(28)   In order to take into account technical or operational developments, in particular by amending annexes, or by supplementing the provisions on network management and performance scheme , performance scheme, selecting the entity responsible for implementation of the ATM Master Plan (deployment manager) and defining the responsibilities thereof , the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission. The content and scope of each delegation is set out in detail in the relevant Articles. It is of particular importance that the Commission carries out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing-up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and Council. [Am. 18]

(29)   When adding to the list of network management services, the Commission should conduct a proper consultation of industry stakeholders and social partners . [Am. 19]

(30)   In order to ensure uniform conditions for the implementation of this Regulation, in particular with regard to the exercise of their powers by national supervisory aviation authorities, provision of support services on an exclusive basis by a service provider or groupings thereof, corrective measures to ensure compliance with the Union-wide and associated local performance targets, review of compliance in relation to the charging scheme, governance and adoption of common projects for network related functions, functional airspace blocks, modalities of participation of stakeholders in major operational decisions of the air navigation service providers, access to and protection of data, electronic aeronautical information and technological development and interoperability of air traffic management, 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 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(13) . [Am. 20]

(31)   In accordance with Regulation (EU) No 182/2011, for the implementing acts adopted under this Regulation, the examination procedure should be used for the adoption of implementing acts of general.

(32)   The advisory procedure should be used for the adoption of implementing acts of individual scope.

(33)   The penalties provided for with respect to infringements of this Regulation should be effective, proportional and dissuasive, without reducing safety.

(34)   Where relevant, the procurement of support services should be carried out, as applicable, in accordance with Directive 2004/18/EC of the European Parliament and of the Council of 31 March 2004 on the coordination of procedures for the award of public works contracts, public supply contracts and public service contracts(14) and Directive 2004/17/EC of the European Parliament and of the Council of 31 March 2004 coordinating the procurement procedures of entities operating in the water, energy, transport and postal services sectors(15) . Account should also be taken of the guidelines set out in the Commission interpretative communication on the Community law applicable to contract awards not or not fully subject to the provisions of the Public Procurement Directives(16) , as appropriate. [Am. 21]

(35)   The Ministerial Statement on Gibraltar Airport, agreed in Córdoba on 18 September 2006 (the Ministerial Statement), during the first Ministerial meeting of the Forum of Dialogue on Gibraltar, will replace the Arrangements for closer cooperation over the use of Gibraltar airport were agreed in London on 2 December 1987 by the Kingdom of Spain and the United Kingdom in a joint declaration on the Airport made in London on 2 December 1987, and the full compliance with that Statement will be deemed to constitute compliance with the 1987 Declaration by the Ministers of Foreign Affairs of those two countries. The arrangements have not yet been applied . [Am. 22]

(36)   This Regulation applies in full to Gibraltar Airport in the context and by virtue of the Ministerial Statement. Without prejudice to the Ministerial Statement, the application to Gibraltar Airport and all the measures related to its implementation shall conform fully with that Statement and all the arrangements contained therein. [Am. 23]

(37)   Since the objective of this Regulation, namely the implementation of the Single European Sky, cannot be sufficiently achieved by the Member States, by reason of the transnational scale of the action, and can therefore be better achieved at Union level, the Union may adopt measures in accordance with the principle of subsidiarity, as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve this objective,

HAVE ADOPTED THIS REGULATION:

CHAPTER I

GENERAL PROVISIONS

Article 1

Subject matter and scope

1.   This Regulation lays down rules for the creation and proper functioning of the Single European Sky in order to ensure current air traffic safety standards, to contribute to the sustainable development of the air transport system, such as reducing climate impact, and to improve the overall performance of air traffic management (ATM) and air navigation services (ANS) for general air traffic in Europe, with a view to meeting the requirements of all airspace users. The Single European Sky shall comprise a coherent pan-European and, subject to specific arrangements with the neighbouring countries, third-country network of routes, an integrated operating airspace, network management and air traffic management systems based only on safety, efficiency and interoperability, for the benefit of all airspace users. [Am. 24]

2.   The application of this Regulation shall be without prejudice to Member States' sovereignty over their airspace and to the requirements of the Member States relating to public order, public security and defence matters, as set out in Article 38. This Regulation does not cover military operations and training.

3.   The application of this Regulation shall be without prejudice to the rights and duties of Member States under the 1944 Chicago Convention on International Civil Aviation (the Chicago Convention). In this context, this Regulation seeks to assist, in the fields it covers, Member States in fulfilling their obligations under the Chicago Convention, by providing a basis for a common interpretation and uniform implementation of its provisions, and by ensuring that these provisions are duly taken into account in this Regulation and in the rules drawn up for its implementation.

4.   This Regulation shall apply to the airspace within the ICAO EUR and AFI and NAT regions where Member States are responsible for the provision of air traffic services in accordance with the this Regulation. Member States may also apply this Regulation to airspace under their responsibility within other ICAO regions, on condition that they inform the Commission and the other Member States thereof. [Am. 25]

5.   The application of this Regulation to the airport of Gibraltar is understood to be without prejudice to the respective legal positions of the Kingdom of Spain and the United Kingdom of Great Britain and Northern Ireland with regard to the dispute controversy over sovereignty over the territory in which the airport is situated. [Am. 26]

5a.   The application of this Regulation to Gibraltar airport shall be suspended until the arrangements set out in the Joint Declaration made by the Foreign Ministers of the Kingdom of Spain and the United Kingdom on 2 December 1987 are applied. The Governments of Spain and the United Kingdom shall inform the Council of the date from which they will apply. [Am. 27]

Article 2

Definitions

For the purpose of this Regulation, the following definitions shall apply:

1.   ‘air traffic control (ATC) service’ means a service provided for the purpose of:

(a)   preventing collisions;

–   between aircraft, and

–   in the manoeuvring area between aircraft and obstructions; and

(b)   expediting and maintaining an orderly flow of air traffic;

2.   ‘aerodrome control service’ means an ATC service for aerodrome traffic;

3.   ‘aeronautical information service’ means a service established within the defined area of coverage responsible for the provision of aeronautical information and data necessary for the safety, regularity, and efficiency of air navigation;

4.   ‘air navigation services’ means air traffic services; communication, navigation and surveillance services; meteorological services for air navigation; and aeronautical information services;

5.   ‘air navigation service providers’ means any public or private entity providing air navigation services for general air traffic;

6.   ‘airspace block’ means an airspace of defined dimensions, in space and time, within which air navigation services are provided;

7.   ‘airspace management’ means a planning service with the primary objective of maximising the utilisation of available airspace by dynamic time-sharing and, at times, the segregation of airspace among various categories of airspace users on the basis of short-term needs and a strategic function associated with airspace design ; [Am. 28]

8.   ‘airspace users’ means operators of aircraft operated as general air traffic;

9.   ‘air traffic flow management’ means a service established with the objective of contributing to a safe, orderly and expeditious flow of air traffic by ensuring that ATC capacity is utilised to the maximum extent possible, and that the traffic volume is compatible with the capacities declared by the appropriate air traffic service providers;

10.   ‘air traffic management (ATM)’ means the aggregation of the airborne and ground-based services (air traffic services, airspace management and air traffic flow management) required to ensure the safe and efficient movement of aircraft during all phases of operations;

11.   ‘air traffic services’ means the various flight information services, alerting services, air traffic advisory services and ATC services (area, approach and aerodrome control services);

12.   ‘area control service’ means an ATC service for controlled flights in a block of airspace control area ; [Am. 29]

13.   ‘approach control service’ means an ATC service for arriving or departing controlled flights;

14.   ‘ATM Master Plan’ means the plan endorsed by Council Decision 2009/320/EC(17) , in accordance with Article 1(2) of Council Regulation (EC) No 219/2007 of 27 February 2007 on the establishment of a Joint Undertaking to develop the new generation European air traffic management system (SESAR)(18) ;

15.   ‘aviation crisis’ means circumstances under which airspace capacity is abnormally reduced as a result of major adverse weather circumstances or the unavailability of large airspace parts either through on account of natural, medical, security, military or political reasons; [Am. 30]

16.   ‘bundle of services’ means two or more air navigation services provided by the same entity ; [Am. 31]

17.   ‘certificate’ means a document issued by the European Agency for Aviation (EAA) or by a national supervisory aviation authority in any form complying with national relevant law, which confirms that an air navigation service provider meets the requirements for providing a specific service activity ; [Am. 32]

18.   ‘communication services’ means aeronautical fixed and mobile services to enable ground-to-ground, air-to-ground and air-to-air communications for ATC purposes;

18a.   'European air traffic management network' (EATMN) means a pan-European network of systems and constituents, as well as the roadmaps for the essential operational and technological changes described in the ATM Master Plan, making it possible to provide fully interoperable air navigation services in the Union, including the interfaces at the borders with third countries, with a view to attaining the performance objectives set by this Regulation; [Am. 33]

19.   ‘constituents’ means tangible objects such as hardware and intangible objects such as software upon which the interoperability of the European Air Traffic management Network ( EATMN) depends; [Am. 34]

19a.   ´Deployment Manager' means a group of operational stakeholders selected by the Commission, through a call for proposals responsible for the management level of ATM Master Plan deployment governance; [Am. 35]

20.   ‘declaration’ means for purposes of ATM/ANS, any written statement:

–   on the conformity or suitability for use of systems and constituents issued by an organisation engaged in the design, manufacture and maintenance of ATM/ANS systems and constituents,

–   on the compliance with applicable requirements of a service or a system to be put into operation issued by a service provider,

–   on the capability and means of discharging the responsibilities associated with certain flight information services;

21.   ‘flexible use of airspace’ means an airspace management concept applied in the European Civil Aviation Conference area on the basis of the ‘Airspace management handbook for the application of the concept of the flexible use of airspace’ issued by the European Organisation for the Safety of Air Navigation (Eurocontrol)(19) ;

22.   ‘flight information service’ means a service provided for the purpose of giving advice and information useful for the safe and efficient conduct of flights;

23.   ‘alerting service’ means a service provided to notify relevant organisations regarding aircraft in need of search and rescue aid, and to assist such organisations as required;

24.   ‘functional airspace block’ means an airspace block based on operational requirements and established regardless of State boundaries, where the provision of air navigation services and related functions are performance-driven and optimised with a view to introducing, in each functional airspace block, through enhanced cooperation among air navigation service providers or, where appropriate, an integrated provider; [Am. 36]

25.   ‘general air traffic’ means all movements of civil aircraft, as well as all movements of State aircraft (including military, customs and police aircraft) when these movements are carried out in conformity with the procedures of the International Civil Aviation Organisation (ICAO), as established by the 1944 Chicago Convention on International Civil Aviation;

25a.   ‘human factor’ means the social, cultural and staffing conditions in the ATM sector; [Am. 37]

26.   ‘interoperability’ means a set of functional, technical and operational properties required of the systems and constituents of the EATMN and of the procedures for its operation, in order to enable its safe, seamless and efficient operation. Interoperability is achieved by making the systems and constituents compliant with the essential requirements;

27.   ‘meteorological services’ means those facilities and services that provide aircraft with meteorological forecasts, briefs and observations as well as any other meteorological information and data provided by States for aeronautical use;

28.   ‘navigation services’ means those facilities and services that provide aircraft with positioning and timing information;

29.   operational data’ means information concerning all phases of flight that are required to take operational decisions by air navigation service providers, airspace users, airport operators and other actors involved;

30.   ‘putting into service’ means the first operational use after the initial installation or an upgrade of a system;

31.   ‘route network’ means a network of specified routes for channelling the flow of general air traffic as necessary for the most efficient provision of ATC services; [Am. 38]

32.   surveillance services’ means those facilities and services used to determine the respective positions of aircraft to allow safe separation;

33.   ‘system’ means the aggregation of airborne and/or ground-based constituents, as well as and/or space-based equipment, that provides support for air navigation services for all phases of flight; [Am. 39]

34.   ‘upgrade’ means any modification that changes the operational characteristics of a system;

35.   ‘cross-border services’ means any situation where air navigation services are provided in one Member State by a service provider certified in another Member State;

36.   ' national supervisory aviation authority ' means the a national body or bodies entrusted by a Member State with the tasks of supervision in accordance with this Regulation and the national competent authorities entrusted and accredited by the EAA with the tasks provided for in Article 8b of this Regulation and in Regulation (EC) No 216/2008; [Am. 40]

37.   ' ' support services ' means air CNS (communication, navigation services other than air traffic and surveillance), MET (meteorological) and AIS (aeronautical information) services as well as other services and activities, which are linked to, and support the provision of air navigation services; [Am. 41]

38.   'local performance targets' means performance targets set by the Member States at local level, namely functional airspace block, national, charging zone or airport level;

38a.   'industrial partnership' means cooperative arrangements under a contract set up for the purpose of improving air traffic management between various air navigation service providers, including the Network Manager, airspace users, airports or other comparable economic actors; [Am. 42]

38b.   'integrated operational airspace' means the controlled airspace with defined dimensions encompassing the European and, subject to appropriate arrangements, neighbouring third countries' airspace where dynamic allocation structure and time-sharing, performance-enhanced controller resources, fully interoperable air navigation services and combined solutions are employed in order to address the optimal, predictable and safe use of the airspace for the accomplishment of the Single European Sky; [Am. 43]

38c.   'local performance plans' means plans set by one or more national aviation authorities at local level, namely at the functional airspace block, regional or national level; [Am. 44]

38d.   'qualified entity' means a body which may be assigned specific certification or oversight tasks by, and under the control and responsibility of, the Agency or a national aviation authority. [Am. 45]

CHAPTER II

national authorities

Article 3

National supervisory aviation authorities [Am. 46]

1.   Member States shall, jointly or individually, either nominate or establish a body or bodies as their national supervisory aviation authority in order to assume the tasks assigned to such authority under this Regulation and Regulation (EC) No 216/2008 . [Am. 47]

2.   The national supervisory aviation authorities shall be legally distinct and independent in particular in organisational, hierarchical and decision-making terms, including separate annual budget allocation, from any air navigation service providers or any private or public entity company, organisation, public or private entity or personnel falling within the scope of authority activity as provided for in this Regulation and in Article 1 of Regulation (EC) No 216/2008 or having an interest in the activities of such providers entitites . [Am. 48]

3.   Without prejudice to paragraph 2, the national supervisory aviation authorities may be joined in organisational terms with other regulatory bodies and/or safety authorities. [Am. 49]

4.   The national supervisory aviation authorities that are not legally distinct from any air navigation service providers or any private or public entity having an interest in the activities of such providers, as provided for in paragraph 2, shall ensure compliance with the provisions laid down in this Article on the date of entry into force of this Regulation shall meet this requirement by 1 January 2020 or at the latest by 1 January 2017 . [Am. 50]

5.   The national supervisory aviation authorities shall exercise their powers impartially, independently and transparently. In particular, they shall be organised, staffed, managed and financed so as to allow them to exercise their powers in that manner. [Am. 51]

6.   Staff of the national supervisory aviation authorities shall: [Am. 52]

(a)   be recruited under clear and transparent rules and criteria which guarantee their independence and as regards persons in charge of strategic decisions, be appointed by the national cabinet or council of ministers or another public authority which does not directly control, or benefit from the air navigation service providers ; [Am. 53]

(b)   be selected in a transparent procedure on the basis of their specific qualifications, including appropriate competence competencies and relevant experience inter alia in the field of auditing, air navigation services and systems ; [Am. 54]

(ba)   not be seconded from air navigation service providers (ANSPs) or companies under the control of ANSPs; [Am. 55]

(c)   act independently in particular from any interest related to air navigation service providers and shall not seek or take instructions from any government or other public or private entity when carrying out the functions of the national supervisory aviation authority, without prejudice to close cooperation with other relevant national authorities ; [Am. 56]

(d)   as regards persons in charge of strategic decisions, make an annual declaration of commitment and declaration of interests indicating any direct or indirect interests that may be considered prejudicial to their independence and which may influence the performance of their functions; and

(e)   as regards persons who have been in charge of strategic decisions, audits or other functions directly linked to oversight or performance targets of air navigation service providers for more than six months , have no professional position or responsibility with any of the air navigation service providers after their term in the national supervisory aviation authority, for a period of at least one year . [Am. 57]

(i)   at least 12 months for staff in managerial positions; [Am. 58]

(ii)   at least six months for staff in non-managerial positions. [Am. 59]

(ea)   the authority's top management shall be appointed for a fixed term of between three and seven years, renewable once, and may be relieved from office during their term only if they no longer fulfil the conditions set out in this Article or have been guilty of misconduct under national law. [Am. 60]

7.   Member States shall ensure that national supervisory aviation authorities have the necessary resources and capabilities to carry out the tasks assigned to them under this Regulation in an efficient and timely manner. The national supervisory aviation authorities shall have full authority over the recruitment and management of their staff based on their own appropriations stemming from inter alia route charges to be set in proportion to the tasks to be fulfilled by the authority in accordance with Article 4. [Am. 61]

8.   Member States shall notify the Commission of the names and addresses of the national supervisory aviation authorities, as well as changes thereto, and of the measures taken to ensure compliance with this Article. [Am. 62]

9.   The Commission shall establish detailed rules laying down the modalities of the recruitment and selection procedures for the application of paragraphs 6(a) and (b). Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 27(3), and shall specify: [Am. 63]

(a)   the level of separation required by the appointing authority from any company, organisation, public or private entity or staff falling within the scope of authority activity as provided for in Article 1 of Regulation (EC) No 216/2008 or having an interest in the activities of such entities, with a view to maintaining a balance between avoiding conflicts of interest and administrative efficiency; [Am. 64]

(b)   relevant technical qualifications required of staff involved in audits. [Am. 65]

Article 4

Tasks of the national supervisory aviation authorities [Am. 66]

1.   The national supervisory aviation authorities referred to in Article 3 shall be entrusted in particular with the following tasks: [Am. 67]

(a)   ensuring the supervision of the application of this Regulation and of Regulation (EC) No 216/2008 , in particular with regard to the safe and efficient operation of air navigation service providers which provide services relating to the airspace falling under the responsibility of the Member State which nominated or established the relevant authority; [Am. 68]

(b)   granting of certificates to air navigation services providers in accordance with Article 8b the performance or delegation, wholly or in part, of the tasks listed in Articles 8b, 8c and 10 of Regulation (EC) No 216/2008 and overseeing performance of the task of ensuring supervision of the application of the conditions under which they have been granted this Regulation, in particular with regard to the safe and efficient operation of providers of air navigation services relating to the airspace falling within the responsibility of the Member States ; [Am. 69]

(c)   issuing licenses, ratings, endorsements and certificates for air traffic controllers in accordance with Article 8c of Regulation (EC) No 216/2008 and overseeing the application of the conditions under which they have been issued; [Am. 70]

(d)   drawing up performance plans and monitoring their implementation in accordance with Article 11;

(e)   monitoring the implementation of the charging scheme in accordance with Articles 12 and 13, including the provisions on cross-subsidisation referred to in Article 13(7) ; [Am. 71]

(f)   approving the conditions of access to operational data in accordance with Article 22; and

(g)   supervising declarations and the putting into service of systems;

(ga)   reporting annually on its activity and the fulfilment of its tasks to the relevant authorities of the Member State, the EAA and the Commission. Such reports shall cover the steps taken and the results obtained as regards each of the tasks listed in this Article. [Am. 72]

2.   Each national supervisory aviation authority shall organise proper inspections and surveys to verify compliance with the requirements of this Regulation. The air navigation service provider concerned shall facilitate such work and the relevant Member State shall offer all necessary assistance to ensure the effectiveness of compliance monitoring . [Am. 73]

Article 5

Co-operation Cooperation between national supervisory aviation authorities [Am. 74]

1.   The national supervisory aviation authorities shall exchange information about their work and decision‑making principles, practices and procedures as well as implementation of Union law. They shall cooperate for the purpose of coordinating their decision-making across the Union. The national supervisory aviation authorities shall participate and work together in a network that convenes at regular intervals and at least once a year . The Commission and the European Union Agency for Aviation ( hereafter "EAA") shall be members, coordinate and support the work of the network and make recommendations to the network, as appropriate. The Commission and the EAA shall facilitate active cooperation of the national supervisory aviation authorities and exchanges and use of staff between the national supervisory aviation authorities based on a pool of experts to be set up by EAA in accordance with Article 17(2)(f) of Regulation (EC) No 216/2008 .

That network may, inter alia:

(a)   produce and disseminate streamlined methodologies and guidelines for implementation of the authority tasks listed in Article 4;

(b)   provide assistance to individual national aviation authorities on regulatory issues;

(c)   provide opinions to the Commission and the EAA on rule-making and certification;

(d)   provide opinions, guidelines and recommendations designed to facilitate the provision of cross-border services;

(e)   develop common solutions to be implemented across two or more States to meet the aims of the ATM Master Plan or the Chicago Convention. [Am. 75]

Subject to the rules on data protection provided for in Article 22 of this Regulation and in Regulation (EC) No 45/2001, the Commission shall support provide a platform for the exchange of the information referred to in the first and second subparagraph of this paragraph among the members of the network, possibly through electronic tools, respecting the confidentiality of business secrets of air navigation service providers companies, organisations or entities involved . [Am. 76]

2.   The national supervisory aviation authorities shall cooperate closely, including through working arrangements, for the purposes of mutual assistance in their monitoring tasks and handling of investigations and surveys. [Am. 77]

3.   In respect of functional airspace blocks that extend across the airspace falling under the responsibility of more than one Member State , the Member States concerned shall conclude an agreement on the supervision provided for in this Article Article 4 with regard to the air navigation service providers providing services relating to those blocks. The national supervisory aviation authorities concerned shall establish a plan specifying the modalities of their co-operation cooperation with a view to giving effect to that agreement. [Am. 78]

4.   National supervisory aviation authorities shall cooperate closely to ensure adequate supervision of air navigation service providers holding a valid certificate from one Member State that also provide services relating to the airspace falling under the responsibility of another Member State. Such cooperation shall include arrangements for the handling of cases involving non-compliance with this Regulation and with the applicable common requirements adopted in accordance with Article 8b(1) of Regulation (EC) No 216/2008. [Am. 79]

5.   In the case of provision of air navigation services in an airspace falling under the responsibility of another Member State, the arrangements referred to in paragraphs 2, 3 and 4 shall include an agreement on the mutual recognition of the supervisory tasks set out in Article 4(1) and (2) and of the results of these tasks. This mutual recognition shall apply also where arrangements for recognition between national supervisory authorities are made for the certification process of service providers. [Am. 80]

6.   If permitted by national law and with a view to regional cooperation, national supervisory aviation authorities may also conclude agreements regarding the division of responsibilities regarding supervisory tasks. [Am. 81]

Article 6

Qualified entities

1.   The EEA and national aviation authorities may decide to delegate in full , wholly or in part, the inspections and surveys referred to in Article 4 (2) , surveys and other tasks provided for by this Regulation to qualified entities that fulfil the requirements set out in Annex I. [Am. 82]

2.   Such a delegation granted by a national supervisory authority shall be valid within the Union for a renewable period of three years. The EEA and national supervisory aviation authorities may instruct any of the qualified entities located in the Union to undertake these inspections and surveys. [Am. 83]

3.   Member States The EAA and the national aviation authorities shall notify the Commission, EAA and the other Member States and, if applicable, the EAA, of the qualified entities to which they have delegated tasks in accordance with paragraph 1 indicating each entity's area of responsibility and its identification number and of any changes in this respect. The Commission shall publish in the Official Journal of the European Union the list of qualified entities, their identification numbers and their areas of responsibility, and shall keep the list updated. [Am. 84]

4.   Member States The EAA and the national aviation authorities shall withdraw the delegation of a qualified entity which no longer meets the requirements set out in Annex I. It shall forthwith inform the Commission, EAA and the other Member States thereof. [Am. 85]

5.   Bodies nominated before the entry into force of this Regulation as notified bodies in accordance with Article 8 of Regulation (EC) No 552/2004, shall be considered to be qualified entities for the purposes of this Article.

Article 7

Consultation of stakeholders

1.   National supervisory aviation authorities, acting in accordance with their national legislation, shall establish consultation mechanisms for appropriate involvement of stakeholders, including professional staff representative bodies for the exercise of their tasks, in the implementation of the Single European Sky. [Am. 86]

2.   The stakeholders may include:

–   air navigation service providers,

–   airport operators,

–   relevant airspace users or relevant groups representing airspace users,

–   military authorities,

–   manufacturing industry,

–   professional staff representative bodies.

CHAPTER III

SERVICE PROVISION

Article 8

Certification of air navigation service providers

1.   The provision of all air navigation services within the Union shall be subject to certification by or declaration to, national supervisory aviation authorities or the EAA in accordance with Article 8b of Regulation (EC) No 216/2008. [Am. 87]

2.   The certification process shall also ensure that the applicants can demonstrate sufficient financial strength and have obtained liability and insurance cover, where this is not guaranteed by the Member State concerned.

3.   The certificate shall provide for non-discriminatory access to services for airspace users, with particular regard to safety. Certification shall be subject to the conditions set out in Annex II.

4.   The issue of certificates shall confer on air navigation service providers the possibility of offering their services to any Member States State , other air navigation service providers, airspace users and airports within the Union. With regard to support services this possibility shall be subject to the compliance with Article 10(2). and neighbouring third countries, if appropriate, within a functional airspace block, subject to mutual agreement between the relevant parties. [Am. 88]

Article 9

Designation of air traffic service providers

1.   Member States shall ensure the provision of air traffic services on an exclusive basis within specific airspace blocks in respect of the airspace under their responsibility. For this purpose, Member States shall designate an air traffic service provider holding a valid certificate or declaration in the Union.

2.   For the provision of cross-border services, Member States shall ensure that compliance with this Article and Article 18 (3) is not prevented by their national legal system requiring that air traffic service providers providing services in the airspace under the responsibility of that Member State fulfil one of the following conditions:

(a)   be owned directly or through a majority holding by that Member State or its nationals;

(b)   have their principal place of operation or registered office in the territory of that Member State;

(c)   use only facilities in that Member State.

3.   Member States shall define the rights and obligations to be met by the designated air traffic service providers. The obligations may include conditions for the timely supply of relevant information enabling all aircraft movements in the airspace under their responsibility to be identified.

4.   Member States shall have discretionary powers in choosing an air traffic service provider, on condition that the latter is certified or declared in accordance with Regulation (EC) No 216/2008.

5.   In respect of functional airspace blocks established in accordance with Article 16 that extend across the airspace under the responsibility of more than one Member State , the Member States concerned shall jointly designate, in accordance with paragraph 1 of this Article, one or more air traffic service providers, at least one month before implementation of the airspace block. [Am. 89]

6.   Member States shall inform the Commission and other Member States immediately of any decision within the framework of this Article regarding the designation of air traffic service providers within specific airspace blocks in respect of the airspace under their responsibility.

Article 10

Provision of support services

1.   Member States shall take all necessary measures to ensure that, in accordance with this Article, there are no statutory impediments to providers of support services can that would prevent their ability to compete within the Union on the basis of equitable, non-discriminatory and transparent conditions for the purpose of providing these services.

The requirement set out in this Article shall be met at the latest by 1 January 2020.

2.   Member States shall take all necessary measures to ensure that the provision of air traffic services is separated from the provision of air navigation service providers, when drawing up their business plans, call for offers from different support services providers . This separation shall include the requirement that air traffic services and support services are , with a view to choosing the financially and qualitatively most beneficial provider. The performance review body provided by separate undertakings for by Article 11(2) shall monitor compliance with the provisions of this paragraph when evaluating the performance plans .

3.   In choosing the choice of an external provider of support services, the provisions of Directive 2004/18/EC shall be complied with. In particular, cost and energy efficiency, overall service quality, interoperability and safety of services, as well as transparency of the procurement process, shall be taken into account by binding selection criteria for the entity procuring those services.

4.   A provider of support services may only be chosen to provide services in the airspace of a Member State, when:

(a)   it is certified in accordance with Article 8b of Regulation (EC) No 216/2008;

(b)   its principal place of business is located in the territory of a Member State;

(c)   Member States and/or nationals of Member States own more than 50 % of the service provider and effectively control it, whether directly or indirectly through one or more intermediate undertakings, except as provided for in an agreement with a third country to which the Union is a party; and

(d)   the service provider fulfils national security and defence requirements.

5.   Support services related to the operations of the EATMN may be provided in a centralised manner by the Network Manager by adding those services to the services referred to in Article 17(2), in accordance with Article 17(3). They may also be provided on an exclusive basis by an air navigation service provider or groupings thereof, in particular those related to the provision of the ATM infrastructures. The Commission shall specify the modalities for the selection of providers or groupings thereof, based on the professional capacity and ability to provide services in an impartial and cost-effective manner, and establish an overall assessment of the estimated costs and benefits of the provision of the support services in a centralised manner. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 27(3). The Commission shall designate providers or groupings thereof in accordance with those implementing acts.

5a.   The Commission shall establish detailed rules laying down the modalities for the selection of services covered by this Article. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 27(3).

5b.   The Commission shall conduct a comprehensive study on the operational, economic, safety and social impacts of the introduction of market principles to the provision of support services, and shall submit that study to the European Parliament and the Council by 1 January 2016. The study shall take into account the implementation of the ATM Master Plan and the impact of SESAR technologies on the support services sector. [Am. 90]

Article 11

Performance scheme

1.   To improve the performance of air navigation services and network services in the Single European Sky, a performance scheme for air navigation services and network services shall be set up. It shall include:

(a)   Union -wide and associated local performance targets on the key performance areas of safety, the environment, capacity and cost-efficiency in accordance with the high-level goals of the ATM Master Plan fixed for an entire reference period ; [Am. 91]

(b)   national plans or local performance plans for functional airspace blocks , including performance targets, ensuring compliance with the Union -wide and associated local performance targets; and [Am. 92]

(c)   periodic review, monitoring and benchmarking of the performance of air navigation services and network services.

2.   The Commission shall designate an independent, impartial and competent body to act as a ‘performance review body’ (PRB) . The PRB shall be established as a European economic regulator under the supervision of the Commission, with effect from 1 July 2015. The role of the performance review body PRB shall be to assist the Commission, in coordination with the national supervisory aviation authorities, and to assist and monitor the national supervisory aviation authorities on request in the implementation of the performance scheme referred to in paragraph 1. The PRB shall be functionally and legally separate from any service provider, whether at national or pan-European level. Technical assistance to the performance review body PRB may be provided by the EAA and , the Network Manager, Eurocontrol or another competent entity. [Am. 93]

3.   The national or functional airspace block local performance plans referred to in point (b) of paragraph 1(b), shall be drawn up by the national supervisory aviation authorities and adopted by the Member State(s). These plans shall include binding local targets and an appropriate incentive scheme as adopted by the Member State(s). Drafting of the plans shall be subject to consultation with the Commission, the PRB, air navigation service providers, airspace users' representatives, and, where relevant, airport operators and airport coordinators. [Am. 94]

4.   The compliance of the national or functional airspace block local performance plans and local targets with the Union -wide performance targets shall be assessed by the Commission in co-operation cooperation with the performance review body PRB . [Am. 95]

In the event that the Commission identifies determines that the national or functional airspace block local performance plans or the local targets do not comply with the Union-wide targets, it may require the Member States concerned to take the necessary corrective measures. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 27(2). [Am. 96]

5.   The reference period for the performance scheme, referred to in paragraph 1, shall cover a minimum of three years and a maximum of five years. During this period, in the event that the local targets are not met, the Member States concerned shall define and apply measures designed to rectify the situation. Where the Commission finds that these measures are not sufficient to rectify the situation, it may decide, that the Member States concerned shall take necessary corrective measures or sanctions. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 27 (2).

6.   The Commission and the EAA, together with the PRB, shall carry out regular assessments of the achievement of the Union-wide and associated local performance targets. [Am. 97]

7.   The performance scheme referred to in paragraph 1 shall be based on:

(a)   collection, validation, examination, evaluation and dissemination of relevant data related to the performance of air navigation services and network services from all relevant parties, including air navigation service providers, airspace users, airport operators, the EAA, national supervisory aviation authorities, Member States and Eurocontrol; [Am. 98]

(b)   selection of appropriate key performance areas on the basis of ICAO Document No 9854 ‘Global air traffic management operational concept’, and consistent with those identified in the Performance Framework of the ATM Master Plan, including safety, the environment, capacity, cost-effectiveness and human factor and cost-efficiency areas, adapted where necessary in order to take into account the specific needs of the Single European Sky and relevant objectives for these areas and definition of a limited set of key performance indicators for measuring performance. Special attention shall be paid to the safety performance indicators ; [Am. 99]

(c)   establishment and revision of Union-wide and associated local performance targets that shall be defined taking into consideration inputs identified at national level or at the level of functional airspace blocks. Union-wide performance targets shall be set with a view to ensuring that each functional airspace block retains sufficient flexibility to achieve the best results ; [Am. 100]

(d)   criteria for the setting up by the national supervisory aviation authorities of the national or functional airspace block local performance plans, containing the local performance targets and the incentive scheme. The performance plans shall: [Am. 101]

(i)   be based on the business plans of the air navigation service providers, which should in turn take into account the implementation of the ATM Master Plan ; [Am. 102]

(ii)   address all cost components of the national or functional airspace block cost base;

(iii)   include binding local performance targets compliant with the Union -wide performance targets;

(e)   assessment of the local performance targets on the basis of the national or functional airspace block local performance plan; [Am. 103 ]

(f)   monitoring of the national or functional airspace block local performance plans, including appropriate alert mechanisms; [Am. 104]

(g)   criteria to impose sanctions and compensation mechanisms for non-compliance with the Union -wide and associated local performance targets during the reference period and to support alert mechanisms; [Am. 105]

(h)   general principles for the setting up by Member States of the incentive scheme;

(i)   principles for the application of a transitional mechanism necessary for the adaptation to the functioning of the performance scheme not exceeding 12 months following the adoption of the delegated act referred to in this paragraph;

(j)   appropriate reference periods and intervals for the assessment of the achievement of performance targets and the setting of new targets;

(k)   the necessary related timetables;

The Commission shall be empowered to adopt delegated acts in accordance with Article 26 in order to adopt the Union-wide performance targets and lay down detailed rules for the proper functioning of the performance scheme in accordance with the points listed in this paragraph. [Am. 106]

8.   The establishment of the performance scheme shall take into account that en route services, terminal services and network services are different and should be treated accordingly, if necessary also for performance-measuring purposes.

8a.   The Commission shall conduct a study into the impact which the behaviour of non-ANSP actors within the ATM system, for instance airport operators, airport coordinators and air transport operators, may have on the efficient functioning of the European ATM network.

The scope of the study shall cover but shall not be limited in scope to:

(a)   identification of non-ANSP actors in the ATM system who are able to influence network performance;

(b)   the effect that such actors' behaviour has on ANS performance in relation to the key performance areas (KPAs) of safety, environment and capacity;

(c)   the feasibility of developing performance indicators and key performance indicators for those actors;

(d)   any benefits to the European ATM network that might accrue from the implementation of additional performance indicators and key performance indicators; and any barriers to achieving optimum performance.

The study should be commenced not later than 12 months following the publication of this Regulation and completed not later than 12 months thereafter; its results shall then be considered by the Commission and the Member States with a view to expanding the scope of the performance scheme to include any additional performance indicators and key performance indicators for future reference periods, in accordance with the provisions of this Article. [Am. 107]

Article 12

General provisions for the charging scheme

In accordance with the requirements of Articles 13 and 14, the charging scheme for air navigation services shall contribute to greater transparency in the determination, imposition and enforcement of charges to airspace users and shall contribute to the cost efficiency of providing air navigation services and to efficiency of flights, while maintaining an optimum safety level. The scheme shall also be consistent with Article 15 of the 1944 Chicago Convention on International Civil Aviation and with Eurocontrol's charging system for en-route charges.

Article 13

Principles for the charging scheme

1.   The charging scheme shall be based on the account of costs for air navigation services incurred by service providers for the benefit of airspace users. The scheme shall allocate these costs among categories of users.

2.   The principles set out in paragraphs 3 to 8 shall be applied when establishing the cost-base for charges.

3.   The cost to be shared among airspace users shall be the determined cost of providing air navigation services, including appropriate amounts for interest on capital investment and depreciation of assets, as well as the costs of maintenance, operation, management and administration, including the costs incurred by EAA for relevant authority tasks. Determined costs shall be the costs determined by the Member State at national level or at the level of functional airspace blocks either at the beginning of the reference period for each calendar year of the reference period referred to in Article 11(5), or during the reference period, following appropriate adjustments applying the alert mechanisms set out in Article 11.

4.   The costs to be taken into account in this context shall be those assessed in relation to the facilities and services provided for and implemented under the ICAO Regional Air Navigation Plan, European Region. They shall also include costs incurred by national supervisory aviation authorities and/or qualified entities, as well as other costs incurred by the relevant Member State and service provider in relation to the provision of air navigation services. They shall not include the costs of penalties imposed by Member States referred to Article 33 nor or the costs of any corrective measures or sanctions referred to in Article 11 (5). [Am. 108]

5.   In respect of the functional airspace blocks and as part of their respective framework agreements, Member States shall make reasonable efforts to agree on common principles for charging policy, with a view to arriving at a single charge, in accordance with their respective performance plans . [Am. 109]

6.   The cost of different air navigation services shall be identified separately, as provided for in Article 21(3).

7.   Cross-subsidy shall not be allowed between en-route services and terminal services. Costs that pertain to both terminal services and en-route services shall be allocated in a proportional way between en-route services and terminal services on the basis of a transparent methodology. Cross-subsidy shall be allowed between different air traffic services in either one of those two categories only when justified for objective reasons, subject to clear identification. Cross-subsidy shall not be allowed between air traffic services and support services.

8.   Transparency of the cost-base for charges shall be guaranteed. Implementing rules for the provision of information by the service providers shall be adopted in order to permit reviews of the provider's forecasts, actual costs and revenues. Information shall be regularly exchanged between the national supervisory authorities, service providers, airspace users, the Commission and Eurocontrol.

9.   Member States shall comply with the following principles when setting charges in accordance with paragraphs 3 to 8:

(a)   charges shall be set for the availability of air navigation services under non-discriminatory conditions 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;

(b)   exemption of certain users, especially light aircraft and State aircraft, may be permitted, provided that the cost of such exemption is not passed on to other users;

(c)   charges shall be set per calendar year on the basis of the determined costs;

(d)   air navigation services may produce sufficient revenues to provide for a reasonable return on assets to contribute towards necessary capital improvements;

(e)   charges shall reflect the cost of air navigation services and facilities made available to airspace users, including costs incurred by EAA for relevant authority tasks, taking into account the relative productive capacities of the different aircraft types concerned;

(f)   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 meeting the performance targets and they shall stimulate integrated service provision, whilst reducing the environmental impact of aviation. For the purposes of this point (f) and in relation to the national or functional airspace block local performance plans, the national supervisory authorities aviation authority may set up mechanisms, including incentives consisting of financial advantages and disadvantages, to encourage air navigation service providers and/or airspace users to support improvements in the provision of air navigation services such as increased capacity, reduced delays and sustainable development, while maintaining an optimum safety level. [Am. 110]

10.   The Commission shall adopt measures setting out the details of the procedure to be followed for the application of paragraphs 1 to 9. The Commission may propose financial mechanisms to improve the synchronisation of air-based and ground-based capital expenditure related to the deployment of SESAR technologies. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 27 (3). [Am. 111]

Article 14

Review of compliance with Articles 12 and 13

1.   The Commission shall provide for the ongoing review of compliance with the principles and rules referred to in Articles 12 and 13, acting in cooperation with the Member States. The Commission shall endeavour to establish the necessary mechanisms for making use of Eurocontrol expertise and shall share the results of the review with the Member States, Eurocontrol and the airspace users' representatives.

2.   At the request of one or more Member States or on its own initiative, the Commission shall examine specific measures adopted by national authorities in relation to the application of Articles 12 and 13, concerning the determination of costs and charges. Without prejudice to Article 32(1), the Commission shall share the results of the investigation with the Member States, Eurocontrol and the airspace users’ representatives. Within two months of receipt of a request, after having heard the Member State concerned, the Commission shall decide whether Articles 12 and 13 have been complied with and the measure may thus continue to be applied. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 27(2).

Article 14a

Implementation of the ATM Master Plan

Implementation of the ATM Master Plan shall be coordinated by the Commission. The Network Manager, the PRB and the Deployment Manager shall contribute to the implementation of the ATM Master Plan in accordance with the provisions of this Regulation. [Am. 112]

Article 14b

The Commission shall adopt measures establishing the governance of implementation of the ATM Master Plan, including defining and selecting the body responsible at management level (Deployment Manager). Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 27(3). [Am. 113]

Article 14c

The Deployment Manager shall recommend to the Commission binding deadlines for deployment and appropriate corrective actions concerning delayed implementation. [Am. 114]

Article 15

Common projects

1.   The implementation of the ATM Master Plan may be supported by common projects. These projects shall support the objectives of this Regulation to improve the performance of the European aviation system in key areas such as capacity, flight and cost efficiency as well as environmental sustainability, within the overriding safety objectives. The common projects shall aim to deploy ATM functionalities in a timely, coordinated and synchronised manner ATM functionalities , with a view to achieve bringing about the essential operational changes identified in the ATM Master Plan, including identification of the most appropriate geographical dimension, performance-driven project architecture and service delivery approach to be applied by the Deployment Manager . Where applicable, the design and execution of common projects shall aim to enable a set of basic interoperable capabilities to exist in all Member States . [Am. 115]

2.   The Commission may adopt measures establishing the governance of common projects and identifying incentives for their deployment. The body governing the deployment of the common projects shall be the same body as that which is in charge of the implementation of the ATM Master Plan baseline. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 27(3). These measures shall complement the mechanisms for the deployment of the projects concerning functional airspace blocks as agreed upon by the parties of those blocks. [Am. 116]

3.   The Commission may adopt common projects for network-related functions which are of particular importance for the improvement of the overall performance of air traffic management and air navigation services in Europe identifying ATM functionalities that are mature for deployment, together with the timetable and geographical scope of the deployment. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 27(3). The common projects may be considered eligible for Union funding within the multiannual financial framework. 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 and appropriate consultations with Member States and with relevant stakeholders in accordance with Article 28, exploring all appropriate means for financing the deployment thereof. The eligible costs of deployment of common projects shall be recovered in accordance with the principles of transparency and non-discrimination.

3a.   Common projects shall be the means of implementing the operational improvements developed by the SESAR project in a coordinated and timely manner. They shall thus make a decisive contribution to attainment of the Union-wide targets. [Am. 117]

Article 16

Functional airspace blocks

1.   Member States shall take all necessary measures in order to ensure the establishment and implementation of operational functional airspace blocks based on integrated provision of air traffic navigation services with a view to achieving the required capacity and efficiency of the air traffic management network within the Single European Sky and maintaining a high level of safety and contributing to the overall performance of the air transport system and reduced environmental impact. [Am. 118]

2.   The functional airspace blocks shall, wherever possible, be set-up based on co-operative industrial partnerships between air navigation service providers, in particular relating to the provision of support services in accordance with Article 10. The industrial partnerships may support one or more functional airspace block, or part thereof to maximise performance. [Am. 119]

3.   Member States, as well as national aviation authorities and air traffic navigation service providers shall cooperate to the fullest extent possible with each other in order to ensure compliance with this Article. Where relevant, cooperation may also include national aviation authorities and air traffic navigation service providers from third countries taking part in functional airspace blocks. [Am. 120]

4.   Functional airspace blocks shall, in particular:

(a)   be supported by a safety case;

(b)   be designed to seek maximum synergies from industrial partnerships in order to meet and where possible exceed the performance targets set in accordance with Article 11; [Am. 121]

(c)   enable optimum and flexible use of airspace, taking into account air traffic flows; [Am. 122]

(d)   ensure consistency with the European route network established in accordance with Article 17;

(e)   be justified by their overall added value, including optimal use of technical and human resources, on the basis of cost-benefit analyses;

(f)   where applicable, ensure a smooth and flexible transfer of responsibility for air traffic control between air traffic service units;

(g)   ensure compatibility between the different airspace configurations;

(h)   comply with conditions stemming from regional agreements concluded within the ICAO;

(i)   respect regional agreements in existence on the date of entry into force of this Regulation, in particular those involving European third countries;

(ia)   consolidate the procurement of ATM instrastructure and aim at increasing the interoperability of existing equipment; [Am. 123]

(ib)   facilitate consistency with the Union-wide performance targets. [Am. 124]

The requirements of paragraphs 4(c), (d) and (g) shall be met in accordance with the optimisation of airspace design carried out by the Network Manager as specified in Article 17.

5.   The requirements set out in this Article may be met through participation of air navigation service providers in one or more functional airspace block blocks . [Am. not concerning all languages]

6.   An operational functional airspace block that extend across the airspace under the responsibility of more than one Member State shall be established by joint designation between all the Member States,as well as, where appropriate, third countries that have responsibility for any part of the airspace included in the functional airspace block. [Am. 126]

The joint designation by which the functional airspace block is established shall contain the necessary provisions concerning the manner in which the block can be modified and the manner in which a Member State or, where appropriate, a third country, can withdraw from the block, including transitional arrangements.

7.   Member States shall notify the establishment of functional airspace blocks to the Commission. Before notifying the Commission of the establishment of a functional airspace block, the Member State(s) concerned shall provide the Commission, the other Member States and other interested parties with adequate information and give them an opportunity to submit their observations.

8.   Where difficulties arise between two or more Member States with regard to a cross-border functional airspace block that concerns airspace under their responsibility, the Member States concerned may jointly bring the matter to the Single Sky Committee for an opinion. The opinion shall be addressed to the Member States concerned. Without prejudice to paragraph 6, the Member States shall take that opinion into account in order to find a solution.

9.   After having received the notifications by Member States referred to in paragraphs 6 and 7 the Commission shall assess the fulfilment by each functional airspace block of the requirements set out in paragraph 4 and present the results to the Member States for discussion. If the Commission finds that one or more functional airspace blocks do not fulfil the requirements it shall engage in a dialogue with the Member States concerned with the aim of reaching a consensus on the measures necessary to rectify the situation.

10.   The Commission may adopt detailed measures concerning the joint designation of the air traffic service provider(s) referred to in paragraph 6, specifying the modalities for the selection of the service provider(s), the period of designation, supervision arrangements, the availability of services to be provided and liability arrangements. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 27(3).

11.   The Commission may adopt measures regarding the information to be provided by the Member State(s) referred to in paragraph 6. Those implementing acts shall be adopted in accordance with the procedure referred to in Article 27(3). The provisions of this paragraph shall be without prejudice to any FAB arrangements existing on the date of entry into force of this Regulation, in so far as those arrangements meet and, where possible, exceed the performance targets set in accordance with Article 11. [Am. 127]

Article 16a

Industrial partnerships

1.   Air navigation service providers may cooperate to set up industrial partnerships, in particular relating to the provision of support services in accordance with Article 10. The industrial partnerships may support one or more functional airspace blocks, or any part thereof, in order to maximise performance.

2.   The Commission and Member States shall make every effort to ensure that any barriers to partnerships between ANSPs are eliminated, taking into account, in particular, liability issues, charging models and interoperability obstacles. [Am. 128]

Article 17

Network management and design

1.   The air traffic management (ATM) network services shall allow optimum and flexible use of airspace and ensure that airspace users can operate preferred trajectories, while allowing maximum access to airspace and air navigation services. These network services shall be aimed at supporting initiatives at national level and at the level of functional airspace blocks and shall be executed in a manner which respects the separation of regulatory and operational tasks. [Am. 129]

2.   In order to achieve the objectives referred to in paragraph 1 and without prejudice to the responsibilities of the Member States with regard to national routes and airspace structures, the Commission shall ensure that the following functions and services are carried out under the responsibility of coordinated by a Network Manager: [Am. 130]

(a)   design of the European route network;

(b)   coordination of scarce resources within aviation frequency bands used by general air traffic, in particular radio frequencies as well as coordination of radar transponder codes;

(c)   central function for air traffic flow management;

(d)   provision of an aeronautical information portal in accordance with Article 23;

(e)   optimisation of airspace design, including airspace sectors and airspace structures in the en-route and terminal areas, in cooperation with the air navigation service providers and functional airspace blocks referred to in Article 16; [Am. 131]

(f)   central function for coordination of aviation crisis.

The functions and services listed in this paragraph shall not involve the adoption of binding measures of a general scope or the exercise of political discretion. They shall take into account proposals established at national level and at the level of functional airspace blocks. They shall be performed in coordination with military authorities in accordance with agreed procedures concerning the flexible use of airspace. [Am. 132]

The Commission may, and in conformity with the implementing rules referred to in paragraph 4, appoint Eurocontrol, or another impartial and competent body, to carry out the tasks of the Network Manager. These tasks shall be executed in an impartial and cost-effective manner and shall be performed on behalf of the Union, Member States and stakeholders. They shall be subject to appropriate governance, which recognises the separate accountabilities for service provision and regulation, taking into consideration the needs of the whole ATM network and with the full involvement of the airspace users and air navigation service providers. By 1 January 2020 2016 , the Commission shall designate the Network Manager as a self-standing service provider where possible set up as an industrial partnership. [Am. 133]

3.   The Commission shall be empowered to adopt delegated acts in accordance with Article 26 to add to the list of the services set out in paragraph 2 in order to adapt it to technical and operational progress with regard to the provision of support services in a centralised manner.

4.   The Commission shall adopt detailed rules concerning:

(a)   the coordination and harmonisation of processes and procedures to enhance the efficiency of aeronautical frequency management including the development of principles and criteria;

(b)   the central function to coordinate the early identification and resolution of frequency needs in the bands allocated to European general air traffic to support the design and operation of European aviation network;

(c)   additional network services as defined in the ATM Master Plan;

(d)   detailed arrangements for cooperative decision-making between the Member States, the air navigation service providers and the network management function for the tasks referred to in paragraph 2;

(e)   detailed arrangements for the governance of the Network Manager involving all operational stakeholders concerned;

(f)   arrangements for consultation of the relevant stakeholders in the decision-making process both at national and European levels; and

(g)   within the radio spectrum allocated to general air traffic by the International Telecommunication Union, a division of tasks and responsibilities between the network management function and national frequency managers, ensuring that the national frequency management services continue to perform those frequency assignments that have no impact on the network. For those cases which do have an impact on the network, the national frequency managers shall cooperate with those responsible for the network management function to optimise the use of frequencies.

Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 27(3).

5.   Aspects of airspace design other than those referred to in paragraphs  paragraph 2 and 4 (c) point (c) of paragraph 4 shall be dealt with at national level or at the level of functional airspace blocks. This design process shall take into account traffic demands and complexity, national or functional airspace block and local performance plans and shall include full consultation of relevant airspace users or relevant groups representing airspace users and military authorities as appropriate. [Am. 134]

Article 18

Relations between service providers

1.   Air navigation service providers may avail themselves of the services of other service providers that have been certified or declared in the Union.

2.   Air navigation service providers shall formalise their working relationships by means of written agreements or equivalent legal arrangements, setting out the specific duties and functions assumed by each provider and allowing for the exchange of operational data between all service providers in so far as general air traffic is concerned. Those arrangements shall be notified to the national supervisory authority concerned.

3.   In cases involving the provision of air traffic services, the approval of the Member States concerned shall be required.

Article 19

Relations with stakeholders

The air navigation service providers shall establish consultation mechanisms to consult the relevant groups of airspace users and aerodrome operators on all major issues related to services provided, and strategic investment plans, especially as regards aspects requiring synchronisation between air and ground equipment deployment or relevant changes to airspace configurations. The 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 the drafting of strategic investment plans with a view to ensuring their consistency with the ATM Master Plan and common projects as referred to in Article 15 . Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 27 (3). [Am. 135]

Without prejudice to the role of the Single Sky Committee, the Commission shall establish a consultative expert group on the human factor, to which European ATM social partners and other experts from professional staff representative bodies shall belong. The role of that group shall be to advise the Commission on the interplay between operations and the human factor in the ATM sector. [Am. 136]

Article 20

Relations with military authorities

Member States shall, within the context of the common transport policy, take the necessary steps to ensure that written agreements between the competent civil and military authorities or equivalent legal arrangements are established or renewed in respect of the management of specific airspace blocks.

Article 21

Transparency of accounts

1.   Air navigation service providers, whatever their system of ownership or legal form, shall draw up, submit to audit and publish their financial accounts. These accounts shall comply with the international accounting standards adopted by the Union. Where, owing to the legal status of the service provider, full compliance with the international accounting standards is not possible, the provider shall endeavour to achieve such compliance to the maximum possible extent.

Member States shall take all necessary measures to ensure that ANSPs comply with this Article by 1 July 2017 . [Am. 137]

2.   In all cases, air navigation service providers shall publish an annual report and regularly undergo an independent audit.

3.   When providing a bundle of services, air navigation service providers shall identify and disclose the costs and income deriving from air navigation services, broken down in accordance with the charging scheme for air navigation services referred to in Article 12 and, where appropriate, shall keep consolidated accounts for other, non-air-navigation services, as they would be required to do if the services in question were provided by separate undertakings.

4.   Member States shall designate the competent authorities that shall have a right of access to the accounts of service providers that provide services within the airspace under their responsibility.

5.   Member States may apply the transitional provisions of Article 9 of Regulation (EC) No 1606/2002 of the European Parliament and of the Council of 19 July 2002 on the application of international accounting standards (20) to air navigation service providers that fall within the scope of that regulation. [Am. 138]

Article 22

Access to and protection of data

1.   In so far as general air traffic is concerned, relevant operational data shall be exchanged in real-time between all air navigation service providers, airspace users and airports, to facilitate their operational needs. The data shall be used only for operational purposes.

2.   Access to relevant operational data shall be granted to appropriate authorities, certified or declared air navigation service providers, airspace users and airports on a non-discriminatory basis.

3.   Certified or declared service providers, airspace users and airports shall establish standard conditions of access to their relevant operational data other than those referred to in paragraph 1. National supervisory authorities shall approve such standard conditions. The Commission may lay down measures concerning the procedures to be followed for data exchange and the type of data concerned in relation to these conditions of access and their approval. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 27(3).

CHAPTER IV

AIRSPACE

Article 23

Electronic aeronautical information

1.   Without prejudice to the publication by Member States of aeronautical information and in a manner consistent with that publication, the Commission, working in cooperation with the Network Manager, shall ensure the availability of electronic aeronautical information of high quality, presented in a harmonised way and serving the requirements of all relevant users in terms of data quality and timeliness.

2.   For the purpose of paragraph 1, the Commission shall ensure the development of a Union -wide aeronautical information infrastructure in the form of an electronic integrated briefing portal with unrestricted access to interested stakeholders. That infrastructure shall integrate access to and provision of required data elements such as, but not limited to aeronautical information, air traffic services reporting office (ARO) information, meteorological information and flow management information.

3.   The Commission shall adopt measures for the establishment and implementation of an electronic integrated briefing portal. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 27(3).

Article 24

Technological development and interoperability of air traffic management

1.   The Commission shall adopt detailed rules concerning the promotion of the technological development and interoperability of air traffic management related to the development and deployment of the ATM Master Plan. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 27(3).

2.   In respect of the rules referred to in paragraph 1, Article 17(2)(b) of Regulation (EC) No 216/2008 shall apply. Where appropriate, the Commission shall request EAA to include these rules in the annual work programme referred to in Article 56 of that Regulation.

CHAPTER V

final provisions

Article 25

Adaptation of the Annexes

The Commission shall be empowered to adopt delegated acts in accordance with Article 26 in order to supplement or amend the requirements for qualified entities listed in Annex I and the conditions to be attached to certificates to be awarded to air navigation service providers listed in Annex II in order to take account of experience gained by national supervisory authorities in applying these requirements and conditions or of the evolution of air traffic management system in terms of interoperability and integrated provision of air navigation services.

Article 26

Exercise of the delegation

1.   The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.

2.   The delegation of power referred to in Article 11(7), Article 17(3) and Article 25 shall be conferred on the Commission for an indeterminate a period of time seven years .

The Commission shall draw up a report in respect of the delegated power no later than nine months before the end of the seven-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. [Am. 139]

3.   The delegation of power referred to in Article 11(7), Article 17(3) and Article 25 may be revoked at any time by the European Parliament or by the Council. A decision of revocation 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.   As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.

5.   A delegated act adopted pursuant to Article 11(7), Article 17(3) and Article 25shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of 2 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 2 months at the initiative of the European Parliament or the Council.

Article 27

Committee procedure

1.   The Commission shall be assisted by the Single Sky Committee, hereinafter referred to as ‘the Committee’ The Committee shall be a committee within the meaning of Regulation (EU) No 182/2011.

2.   Where reference is made to this paragraph, Article 4 of Regulation (EU) No 182/2011 shall apply.

3.   Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.

Article 28

Consultation of stakeholders by the Commission

1.   The Commission shall establish a consultation mechanism at Union level to consult on matters related to the implementation of this Regulation where appropriate. The specific Sectoral Dialogue Committee set up under Commission Decision 98/500/EC shall be involved in the consultation.

2.   The stakeholders may include:

–   air navigation service providers,

–   airport operators,

–   relevant airspace users or relevant groups representing airspace users,

–   military authorities,

–   manufacturing industry, and,

–   professional staff representative bodies.

Article 29

Industry consultation body

Without prejudice to the role of the Committee and of Eurocontrol, the Commission shall establish an ‘industry consultation body’, to which air navigation service providers, associations of airspace users, airport operators, the manufacturing industry and professional staff representative bodies shall belong. The role of this body shall solely be to advise the Commission on the implementation of the Single European Sky.

Article 30

Relations with third countries

The Union and its Member States shall aim at and support the extension of the Single European Sky.to countries which are not members of the European Union. To that end, they shall endeavour, either in the framework of agreements concluded with neighbouring third countries or in the context of joint designations of functional airspace blocks or agreements on network functions, to further the objectives of this Regulation to those countries.

Article 31

Support by outside bodies

The Commission may request support from an outside body for the fulfilment of its tasks under this Regulation.

Article 32

Confidentiality

1.   Neither the national supervisory aviation authorities, acting in accordance with their national legislation, nor the Commission shall disclose information of a confidential nature, in particular information about air navigation service providers ANSPs , their business relations or their cost components. [Am. 140]

2.   Paragraph 1 shall be without prejudice to the right of disclosure by national supervisory aviation authorities or the Commission where this is essential for the fulfilment of their duties, in which case such disclosure shall be proportionate and shall have regard to the legitimate interests of air navigation service providers ANSPs , airspace users, airports or other relevant stakeholders in the protection of their business secrets. [Am. 141]

3.   Information and data provided pursuant to the charging scheme referred to in Article 12 shall be publicly disclosed.

Article 33

Penalties

Member States shall lay down rules on penalties and compensation mechanisms applicable to infringements of this Regulation, in particular by airspace users and service providers, and shall take all measures necessary to ensure that they are implemented. The penalties provided for shall be effective, proportionate and dissuasive. [Am. 142]

Article 34

Review and methods of impact assessment

1.   The Commission shall periodically review the application of this Regulation shall report to the European Parliament and to the Council at the end of each reference period referred to in Article 11(5)(d). When justified for this purpose, the Commission may request from the Member States information relevant to the application of this Regulation.

2.   The reports shall contain an evaluation of the results achieved by the actions taken pursuant to this Regulation including appropriate information about developments in the sector, in particular concerning economic, social, environmental, employment and technological aspects, as well as about quality of service, in the light of the original objectives and with a view to future needs.

Article 35

Safeguards

This Regulation shall not prevent the application of measures by a Member State to the extent that these are needed to safeguard essential security or defence policy interests. Such measures are in particular those which are imperative:

(a)   for the surveillance of airspace that is under its responsibility in accordance with ICAO Regional Air Navigation agreements, including the capability to detect, identify and evaluate all aircraft using such airspace, with a view to seeking to safeguard safety of flights and to take action to ensure security and defence needs;

(b)   in the event of serious internal disturbances affecting the maintenance of law and order;

(c)   in the event of war or serious international tension constituting a threat of war;

(d)   for the fulfilment of a Member State's international obligations in relation to the maintenance of peace and international security;

(e)   in order to conduct military operations and training, including the necessary possibilities for exercises.

Article 36

European Union Agency for Aviation (EAA)

When implementing this Regulation Member States and the Commission, in accordance with their respective roles as provided for by this Regulation, shall coordinate as appropriate with EAA.

Article 37

Repeal

Regulations (EC) Nos 549/2004, 550/2004, 551/2004 and 552/2004 are repealed.

References to the repealed Regulations shall be construed as references to this Regulation and shall be read in accordance with the correlation table in Annex III.

Article 38

Entry into force

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union .

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at …,

For the European Parliament For the Council

The President The President

ANNEX I

REQUIREMENTS FOR QUALIFIED ENTITIES

1.   The qualified entities must:

–   be able to document extensive experience in assessing public and private entities in the air transport sectors, in particular air navigation service providers, and in other similar sectors in one or more of the fields covered by this Regulation,

–   have comprehensive rules and regulations for the periodic survey of the abovementioned entities, published and continually upgraded and improved through research and development programmes,

–   not be controlled by air navigation service providers, by airport management authorities or by others engaged commercially in the provision of air navigation services or in air transport services,

–   be established with significant technical, managerial, support and research staff commensurate with the tasks to be carried out,

–   take out liability insurance unless its liability is assumed by the Member State in accordance with national law, or the Member State itself is directly responsible for the inspections.

The qualified entity, its Director and the staff responsible for carrying out the checks may not be involved, either directly or as authorised representatives, in the design, manufacture, marketing or maintenance of the constituents or systems or in their use. This does not exclude the possibility of an exchange of technical information between the manufacturer or constructor.

The qualified entity must carry out the checks with the greatest possible professional integrity and the greatest possible technical competence and must be free of any pressure and incentive, in particular of a financial type, which could affect its judgment or the results of its inspection, in particular from persons or groups of persons affected by the results of the checks.

2.   The staff of the qualified entity must have:

–   sound technical and vocational training,

–   satisfactory knowledge of the requirements of the inspections they carry out and adequate experience of such operations,

–   the ability required to draw up the declarations, records and reports to demonstrate that the inspections have been carried out,

–   guaranteed impartiality. The staff's remuneration must not depend on the number of inspections carried out or on the results of such inspections.

ANNEX II

CONDITIONS TO BE ATTACHED TO CERTIFICATES

1.   Certificates shall specify:

(a)   the national supervisory aviation authority issuing the certificate; [Am. 143]

(b)   the applicant (name and address);

(c)   the services which are certified;

(d)   a statement of the applicant's conformity with the common requirements, as defined in Article 8b of Regulation (EC) No 216/2008;

(e)   the date of issue and the period of validity of the certificate.

2.   Additional conditions attached to certificates may, as appropriate, be related to:

(a)   non-discriminatory access to services for airspace users and the required level of performance of such services, including safety and interoperability levels;

(b)   the operational specifications for the particular services;

(c)   the time by which the services should be provided;

(d)   the various operating equipment to be used within the particular services;

(e)   ring-fencing or restriction of operations of services other than those related to the provision of air navigation services;

(f)   contracts, agreements or other arrangements between the service provider and a third party and which concern the service(s);

(g)   provision of information reasonably required for the verification of compliance of the services with the common requirements, including plans, financial and operational data, and major changes in the type and/or scope of air navigation services provided;

(h)   any other legal conditions which are not specific to air navigation services, such as conditions relating to the suspension or revocation of the certificate.

ANNEX III

CORRELATION TABLE

Regulation (EC) No 549/2004

Regulation (EC) No 550/2004

Regulation (EC) No 551/2004

Regulation (EC) No 552/2004

This Regulation

Article 1(1) to (3)

Article 1(1) to (3)

Article 1(3)

Article 1(4)

Article 1(4)

Article 1(5)

Article 1

--------------

Article 1(1), (2) and (4)

--------------

Article 1

--------------

Article 2 Nos (1) to (35)

Article 2 Nos (1) to (35)

Article 2 Nos (36) to (38)

Article 2 Nos 17, 18, 23, 24, 32, 35, 36

---------------

Article 3

---------------

Article 4(1) and (2)

Article 3(1) and (2)

Article 3(3) and (4)

Article 4(3)

Article 3(5)

Article 3(6)

Article 3(4) to (5)

Article 3(7) and (8)

Article 3(9)

Article 2(1)

Article 4(1a)

Article 4(1b) to (1g)

Article 2(2)

Article 4(2)

Article 5(1) and (2)

Article 2(3) to (6)

Article 5(3) to (6)

Article 3(1) and (2)

Article 6(1) and (2)

Article 8(1) and (3)

Article 6(3) and (4)

Article 6(5)

Article 8(2) and (4)

-------------

Article 6

----------- -

Article 10(1)

Article 7(1)

Article 7(2)

Article 7(1)

Article 8(1)

Article 8(2)

Article 7(4) and (6)

Article 8(3) and (4)

Article 7(2), (3), (5), (7) to (9)

-------------

Article 8

Article 9

Article 10

Article 9

-------------

Article 11

Article 11

Article 14

Article 12

Article 15

Article 13

Article 16

Article 14

Article 15a

Article 15

Article 9a(1)

Article 16(1) and (3)

Article 16(2)

Article 9a(2) point (i)

------------

Article 9a(2)

Article 16(4)

Article 16(5)

Article 9a(3) to (9)

Article 16(6) to (12)

Article 9b

--------------

Article 6(1) to (2b)

Article 17(1) and (2b)

Article 17(2c) to (2e)

Article 6(3) –(4d)

Article 17(3) to (4d)

Article 17(4e)

Article 6(4e) to (4f)

Article 17(4f) and (4g)

Article 6(5) and (7)

Article 17(5) and (6)

Article 6(8) and (9)

-------------

Article 10

Article 18

Article 19

Article 11

Article 20

Article 12

Article 21

Article 13

Article 22

Article 3

---------------

Article 3a

Article 23

Article 4

---------- ----

Article 7

---------- ----

Article 8

---------- ----

Article 24(1) and (2)

Article 3(3)

---------- ----

Article 2 to 3(2)

-------------

Article 3(4) to 7

-------------

Article 17(1)

Article 25

Article 26

Article 5(1) to (3)

Article 27(1) to (3)

Article 5(4) and (5)

-------------

Article 10(2) and (3)

Article 28(1) and (2)

Article 6

Article 29

Article 7

Article 30

Article 8

Article 31

Article 4

-------------

Article 9

-------------

Article 18

Article 32

Article 9

Article 33

Article 12(2) to (4)

Article 34(1) to (3)

Article 12(1)

-------------

Article 18a

---- --------

Article 10

----- -------

Article 13

Article 35

Article 13a

Article 36

Article 10

-------------

Article 11

Article 37

Article 19(1)

Article 38

Article 19(2)

-------------

Annex I

Annex V

Annex I

Annex I

-----------

Annex II

Annex II

Annex II

----------

Annex III

Annex III

----------

Annex IV

-----------

(1) Not yet published in the Official Journal.
(2) OJ C 77, 28.3.2002, p. 1.
(3)Not yet published in the Official Journal.
(4) Position of the European Parliament of 12 March 2014.
(5)OJ L 96, 31.3.2004, p. 1.
(6)OJ L 96, 31.3.2004, p. 10.
(7)OJ L 96, 31.3.2004, p. 20.
(8)OJ L 96, 31.3.2004, p. 26.
(9)OJ L 96, 31.3.2004, p. 9.
(10)OJ L 225, 12.8.1998, p. 27.
(11)OJ L 95, 9.4.2009, p. 41.
(12)OJ L 79, 19.3.2008, p.1.
(13)OJ L 55, 28.2.2011, p.13.
(14)OJ L 134, 30.4.2004, p.114.
(15)OJ L 134, 30.4.2004, p. 1
(16)OJ C 179, 1.8.2006, p. 2.
(17)OJ L 95, 9.4.2009, p. 41.
(18)OJ L 64, 2.3.2007, p. 1.
(19)Eurocontrol has been set up by the International Convention of 13 December 1960 relating to Cooperation for the Safety of Air Navigation, as modified by the protocol of 12 February 1981 and revised by the protocol of 27 June 1997.
(20)OJ L 243, 11.9.2002, p. 1.


Aerodromes, air traffic management and air navigation services ***I
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Resolution
Consolidated text
European Parliament legislative resolution of 12 March 2014 on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EC) No 216/2008 in the field of aerodromes, air traffic management and air navigation services (COM(2013)0409 – C7-0169/2013 – 2013/0187(COD) ) (Ordinary legislative procedure: first reading)
P7_TA(2014)0221 A7-0098/2014

The European Parliament,

–   having regard to the Commission proposal to Parliament and the Council (COM(2013)0409 ),

–   having regard to Article 294(2) and Article 100(2) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7‑0169/2013 ),

–   having regard to Article 294(3) of the Treaty on the Functioning of the European Union,

–   having regard to the reasoned opinion submitted, within the framework of Protocol No 2 on the application of the principles of subsidiarity and proportionality, by the Maltese House of Representatives, asserting that the draft legislative act does not comply with the principle of subsidiarity,

–   having regard to the opinion of the European Economic and Social Committee of 11 December 2013(1) ,

–   after consulting the Committee of the Regions,

–   having regard to Rule 55 of its Rules of Procedure,

–   having regard to the report of the Committee on Transport and Tourism (A7-0098/2014 ),

1.   Adopts its position at first reading hereinafter set out;

2.   Calls on the Commission to refer the matter to Parliament again if it intends to amend its proposal substantially or replace it with another text;

3.   Instructs its President to forward its position to the Council, the Commission and the national parliaments.

Position of the European Parliament adopted at first reading on 12 March 2014 with a view to the adoption of Regulation (EU) No .../2014 of the European Parliament and of the Council amending Regulation (EC) No 216/2008 in the field of aerodromes, air traffic management and air navigation services
(Text with EEA relevance)

P7_TC1-COD(2013)0187


THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 100(2) thereof,

Having regard to the proposal from the European Commission,

After transmission of the draft legislative act to the national Parliaments,

Having regard to the opinion of the European Economic and Social Committee(2) ,

Having regard to the opinion of the Committee of Regions,

Acting in accordance with the ordinary legislative procedure(3) ,

Whereas:

(1)   In order to take into account the changes introduced in Regulation (EC) No 1108/2009 of the European Parliament and of the Council(4) and in Regulation (EC) No 1070/2009 of the European Parliament and of the Council(5) , it is necessary to align the content of Regulation (EC) No 216/2008 of the European Parliament and of the Council(6) with Regulation (EC) No 549/2004 of the European Parliament and of the Council(7) , Regulation (EC) No 550/2004 of the European Parliament and of the Council(8) , Regulation (EC) No 551/2004 of the European Parliament and of the Council(9) and Regulation (EC) No 552/2004 of the European Parliament and of the Council(10) .

(2)   The development and implementation of the ATM master plan requires regulatory actions in a wide variety of aviation subjects. The Agency should, in supporting the Commission for drafting technical rules, adopt a balanced approach, avoiding conflicts of interest, to regulating different activities based on their specificities, acceptable levels of safety, climate and environmental sustainability, and an identified risk hierarchy of users to ensure a comprehensive and co-ordinated development of aviation. [Am. 1]

(3)   In order to take into account technical, scientific, operational or safety needs, by amending or supplementing the provisions on airworthiness, environmental protection, pilots, air operations, aerodromes, ATM/ANS, air traffic controllers, third-country operators, oversight and enforcement, flexibility provisions, fines and periodic penalty payments and fees and charges, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission. It is of particular importance that the Commission carries out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing-up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and Council.

(3a)   Before adopting a delegated act, the Commission should consult the Agency and the experts from the voting States represented on the Management Board. It should take into account the opinion expressed by those consultative bodies and refrain from adopting a delegated act in cases where a majority of the experts and the Agency object. [Am. 2]

(3b)   In order to facilitate the creation of a risk-based, proportional and sustainable regulatory framework further, the Commission should conduct a further analysis of the need to adapt Regulation (EC) No 216/2008 to new developments. [Am. 3]

(3c)   The Agency, as the centrepiece of the Union's aviation system, should also play a leading role within the Union's external aviation strategy. In particular, with a view to attaining one of the objectives set out in Article 2 of Regulation (EC) No 216/2008, the Agency, in close cooperation with the Commission, should make a major contribution to export the Union's aviation standards and to promote the movement of the Union's aeronautical products, professionals and services throughout the world, in order to facilitate their access to new growing markets. [Am. 4]

(3d)   The grant of certificates and approvals and the provision of other services play an essential role in the provision of services by the Agency to the industry, and as such should contribute to the competitiveness of the Union's aeronautical sector. The Agency should be in a position to respond to market demand, which may fluctuate. Consequently, the number of staff financed by revenue derived from fees or charges should be adaptable and should not be fixed in the establishment plan. [Am. 5]

(3e)   This Regulation aims to fulfil the requirement laid down in Article 65a of Regulation (EC) No 216/2008 by removing the overlaps between Regulation (EC) No 549/2004 and Regulation (EC) No 216/2008, adapting the former to the latter and ensuring a clear allocation of tasks between the Commission, the Agency and Eurocontrol, so that the Commission focuses on economic and technical regulation, the Agency acts as its agent on technical regulation drafting and oversight, and Eurocontrol focuses on operational tasks, in particular those relating to the network manager concept pursuant to Regulation (EC) No 550/2004, in which a common en route charging scheme for air navigation services, including oversight, was established to achieve greater transparency and cost-efficiency for the benefit of airspace users. Within that context, and with the aim of diminishing the overall costs of ATM/ANS oversight activities, it is also necessary to amend the current en route charging scheme in such a way as to cover the Agency's ATM/ANS oversight competences appropriately. Such an amendment will ensure that the Agency has the resources it needs to carry out the safety oversight tasks assigned to it by the Union's total system approach in aviation safety, contribute to a more transparent, cost-efficient and effective provision of air navigation services to the airspace users that finance the system, and stimulate the provision of an integrated service. [Am. 6]

(4)   In order to ensure uniform conditions for the implementation of this Regulation, 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 Council(11) .

(5)   The Commission should adopt immediately applicable implementing acts where, in duly justified cases relating to aerodrome exemptions and decisions not to permit application of flexibility provisions, imperative grounds of urgency so require.

(5a)   In order to ensure the interoperability of technologies used across the world, the Commission and Agency should encourage an internationally coordinated approach concerning the standardisation efforts of the International Civil Aviation Organization. [Am. 7]

(6)   Certain principles regarding the governance and operation On the basis of a case-by-case analysis, and taking into account the specific nature of the Agency, certain principles regarding its governance and operation should be adapted to the Common Approach on EU decentralised agencies endorsed by the European Parliament, the Council and the Commission in July 2012. In particular, the composition of the Executive Board should take into account the importance of aviation in the different Member States and ensure an adequate representation of the expertise required. [Am. 8]

(7)   Regulation (EC) No 216/2008 should therefore be amended accordingly,

HAVE ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 216/2008 is amended as follows:

(1)   Article 1 is amended as follows:

(a)   paragraph 2 is amended as follows:

(i)   point (b) is replaced by the following:"

"(b) aerodromes or part thereof, as well as equipment, personnel and organisations, referred to in paragraph 1(c) and (d), that are controlled and operated by the military, where traffic served is primarily other than general air traffic;"'

"

(ii)   in point (c), the first sentence is replaced by the following:"

"(c) ATM/ANS, including systems and constituents, personnel and organisations, referred to in paragraph 1(e) and (f), that are provided or made available by the military, primarily to aircraft movements other than general air traffic."

"

(b)   paragraph 3 is replaced by the following:"

"3. Without prejudice to paragraph 2, Member States shall ensure that military facilities open to general air traffic and services provided by military personnel to general air traffic, which do not fall within the scope of paragraph 1, offer a level of safety that is at least as effective as that required by the essential requirements as defined in Annexes Va and Vb."

"

(2)   Article 2 is amended as follows:

(a)   In paragraph 2, the following points are added:"

"(g) to support the development and implementation of the ATM master plan;

   (h) to regulate civil aviation in a way that best promotes its safety, sustainable development, performance, interoperability, climate protection, environmental friendliness and energy saving, and safety in a manner proportionate to the nature of each particular activity." [Am. 9]

"

(b)   In paragraph 3, point (c) is replaced by the following"

"(c) the establishment of an independent European Union Agency for Aviation (hereinafter referred to as the Agency);"

"

(3)   Article 3 is amended as follows:

(a)   point (a) is replaced by the following:"

"(a) 'continuing oversight' shall mean the tasks to be conducted to verify that the conditions under which a certificate has been granted or which a declaration covers continue to be fulfilled at any time during the period of validity of that certificate or declaration, as well as the taking of any safeguard measure. "

"

(b)   point (da) is replaced by the following:"

"(da) 'ATM/ANS constituents' shall mean any constituent as defined in Article 2(18) of Regulation (EC) No ...(12) on the implementation of the Single European Sky ;"

"

(c)   the following point is inserted:"

"(ea) ‘declaration’ shall mean for the purposes of ATM/ANS, any written statement:

   on the conformity or suitability for use of systems and constituents issued by an organisation engaged in the design, manufacture and maintenance of ATM/ANS systems and constituents;
   on the compliance with applicable requirements of a service or a system to be put into operation issued by a service provider;
   on the capability and means of discharging the responsibilities associated with certain flight information services. "

"

(d)   point (f) is replaced by the following:"

"(f) 'qualified entity' shall mean a body which may be allocated specific certification or oversight tasks by, and under the control and the responsibility of the Agency or a national aviation authority;"

"

(e)   points (q) and (r) are replaced by the following:"

"(q) ‘ATM/ANS’ shall mean the air traffic management services as defined in Article 2(10) of Regulation (EC) No ... (13) , air navigation services defined in Article 2(4) of that Regulation, including the network management services referred to in Article 17 of that Regulation, and services consisting in the origination and processing of data and the formatting and delivering of data to general air traffic for the purpose of safety-critical air navigation;

   (r) 'ATM/ANS system' shall mean any combination of equipment and systems as defined in Article 2(33) of Regulation (EC) No ... + ;"

"

(f)   the following points are added:"

"(t) ‘general air traffic’ shall mean all movements of civil aircraft, as well as all movements of state aircraft, including military, customs and police aircraft, when these movements are carried out in conformity with the procedures of the ICAO;

   (u) ‘ATM Master Plan’ shall mean the plan endorsed by Council Decision 2009/320/EC* , in accordance with Article 1(2) of Council Regulation (EC) No 219/2007** .

_____________________

* Council Decision 2009/320/EC of 30 March 2009 endorsing the European Air Traffic Management Master Plan of the Single European Sky ATM Research (SESAR) project (OJ L 95, 9.4.2009, p. 41).

** Council Regulation (EC) No 219/2007 of 27 February 2007 on the establishment of a Joint Undertaking to develop the new generation European air traffic management system (SESAR) (OJ L 64, 2.3.2007, p. 1)."

"

(fa)   the following point is inserted: "

"(ua) 'accreditation' means the qualification process of a national aviation authority or qualified entity for the provision of tasks in accordance with this Regulation and with Regulation (EU) No … (14) ; " [Ams. 30 and 32]

"

(4)   Article 4 is amended as follows:

(a)   paragraph 3b is replaced by the following:"

"3b. By way of derogation from paragraph 3a, Member States may decide to exempt from the provisions of this Regulation an aerodrome which:

   handles no more than 10 000 passengers per year, and
   handles no more than 850 movements related to cargo operations per year,

on the condition that the exemption complies with the general safety objectives of this Regulation and any other rule of Union law.

The Commission shall assess whether the condition referred to in the first subparagraph has been complied with and, where it considers that this is not the case, adopt a decision to that effect. Those implementing acts shall be adopted in accordance with the procedure referred to in Article 65(2). On duly justified imperative grounds of urgency relating to safety, the Commission shall adopt immediately applicable implementing acts in accordance with the procedure referred to in Article 65(4).

The Member State concerned shall revoke the exemption upon notification of the decision referred to in the second subparagraph."

"

(b)   in paragraph 3c, the first sentence is replaced by the following:"

"3c. ATM/ANS provided in the airspace of the territory to which the Treaty applies, as well as in any other airspace where Member States apply Regulation (EC) No ...(15) in accordance with Article 1(4) of that Regulation, shall comply with this Regulation."

"

(5)   Article 5 is amended as follows:

(a)   in paragraph 2, point (d), the first sentence is replaced by the following:"

"(d) organisations responsible for the maintenance and continuing airworthiness management of products, parts and appliances shall demonstrate their capability and means to discharge the responsibilities associated with their privileges."

"

(b)   paragraph 5 is replaced by the following:"

"5. As regards the airworthiness of aircraft referred to in Article 4(1)(a), (b) and (c), the Commission shall be empowered to adopt delegated acts in accordance with Article 65b in order to lay down detailed rules with regard to:

   (a) conditions for establishing and notifying to an applicant the type-certification basis applicable to a product;
   (b) conditions for establishing and notifying to an applicant the detailed airworthiness specifications applicable to parts and appliances;
   (c) conditions for establishing and notifying to an applicant the specific airworthiness specifications applicable to aircraft eligible for a restricted certificate of airworthiness;
   (d) conditions for issuing and disseminating mandatory information in order to ensure the continuing airworthiness of products and conditions for approval of alternative means of compliance to this mandatory information;
   (e) conditions for issuing, maintaining, amending, suspending or revoking type-certificates, restricted type-certificates, approval of changes to type-certificates, supplemental type certificates, approval of repair designs, individual certificates of airworthiness, restricted certificates of airworthiness, permits to fly and certificates for products, parts or appliances, including:
   (i) conditions on the duration of these certificates, and conditions to renew certificates when a limited duration is fixed;
   (ii) restrictions applicable to the issue of permits to fly. These restrictions should in particular concern the following:
   purpose of the flight,
   airspace used for the flight,
   qualification of flight crew,
   carriage of persons other than flight crew;
   (iii) aircraft eligible for restricted certificates of airworthiness, and associated restrictions;
   (iv) the operational suitability data, including:
   the minimum syllabus of maintenance certifying staff type rating training to ensure compliance with paragraph (2)(f);
   the minimum syllabus of pilot type rating and the reference data for associated simulators to ensure compliance with Article 7;
   the master minimum equipment list as appropriate;
   aircraft type data relevant to cabin crew;
   and additional airworthiness specifications for a given type of operation to support the continued airworthiness and safety improvements of aircraft;
   (f) conditions to issue, maintain, amend, suspend or revoke organisation approvals required in accordance with paragraph 2(d), (e) and (g) and conditions under which such approvals need not be requested;
   (g) conditions to issue, maintain, amend, suspend or revoke personnel certificates required in accordance with paragraph 2(f);
   (h) responsibilities of the holders of certificates;
   (i) the compliance of aircraft referred to in paragraph 1, which are not covered by paragraphs 2 or 4, as well as of aircraft referred to in Article 4(1)(c), with the essential requirements;
   (j) conditions for the maintenance and continuing airworthiness management of products, parts and appliances.

As regards the airworthiness of aircraft referred to in Article 4(1)(a), (b) and (c), the Commission shall be empowered, by means of delegated acts in accordance with Article 65b, to amend or supplement Annex I, where necessary for reasons of technical, operational or scientific developments or safety evidence in the field of airworthiness, in order to, and to the extent needed to, achieve the objectives laid down in Article 2." [Am. 33]

"

(6)   In Article 6, paragraphs 2 and 3 are replaced by the following:"

"2. The Commission shall be empowered to amend, by means of delegated acts in accordance with Article 65b, the requirements referred to paragraph 1 in order to bring them into line with amendments to the Chicago Convention and its Annexes which enter into force after the entry into force of this Regulation and which become applicable in all Member States.

3.   Where necessary in order to ensure a high and uniform level of environmental protection, and based on the content of the Appendices to Annex 16 referred to in paragraph 1 where appropriate, the Commission may lay down, by means of delegated acts in accordance with Article 65b, detailed rules supplementing the requirements referred to in paragraph 1."

"

(7)   Article 7 is amended as follows:

(a)   paragraph 2, fourth subparagraph, is replaced by:"

"Notwithstanding the third subparagraph, in the case of a leisure pilot licence a general medical practitioner who has sufficient detailed knowledge of the applicant's medical background may, if so permitted under national law, act as an aero-medical examiner. The Commission shall adopt detailed rules for the use of a general medical practitioner, instead of an aero-medical examiner, in particular ensuring that the level of safety is maintained. Those implementing acts shall be adopted in accordance with the procedure referred to in Article 65(3)."

"

(b)   in paragraph 2, the sixth subparagraph is replaced by the following:"

"The requirements of the second and third subparagraphs may be satisfied by the acceptance of licences and medical certificates issued by or on behalf of a third country as far as pilots involved in the operation of aircraft referred to in Article 4(1)(b) or ( c) are concerned." [Am. 41]

"

(c)   in paragraph 6, the introductory part is replaced by:"

"6. As regards pilots involved in the operation of aircraft referred to in Article 4(1)(b) and (c), as well as flight simulation training devices, persons and organisations involved in the training, testing, checking or medical assessment of these pilots, the Commission shall be empowered to adopt delegated acts in accordance with Article 65b in order to lay down detailed rules with regard to:"

"

(d)   in paragraph 6, point (d) is replaced by the following:"

"(d) the conditions for the conversion of existing national pilots' licences and of national flight engineers' licences into pilots' licences as well as the conditions for the conversion of national medical certificates;"

"

(e)   in paragraph 6, point (f) is replaced by the following:"

"(f) the compliance of pilots of aircraft referred to in points (a)(ii), (d) and (h) of Annex II, when used for commercial air transportation, with the relevant essential requirements of Annex III."

"

(f)   at the end of paragraph 6, the following new subparagraph is added:"

"As regards pilots involved in the operation of aircraft referred to in Article 4(1)(b) and (c), as well as flight simulation training devices, persons and organisations involved in the training, testing, checking or medical assessment of these pilots, the Commission shall be empowered, by means of delegated acts in accordance with Article 65b, to amend or supplement Annex III, where necessary for reasons of technical, operational or scientific developments or safety evidence related to the pilot licencing, in order to, and to the extent needed to, achieve the objectives laid down in Article 2." [Am. 34]

"

(fa)   The first subparagraph of paragraph 7 shall be replaced by the following: "

"7. When adopting the measures referred to in paragraph 6, the Commission shall take specific care that they reflect the state of the art, including best practices and scientific and technical progress in the field of pilot training, an enhanced culture of safety and fatigue management systems." [Am. 42]

"

(8)   Article 8 is amended as follows:

(a)   in paragraph 5, the introductory part is replaced by:"

"5. As regards the operation of aircraft referred to in Article 4(1)(b) and (c), the Commission shall be empowered to adopt delegated acts in accordance with Article 65b in order to lay down detailed rules with regard to:"

"

(b)   in paragraph 5, point (g) is replaced by the following:"

"(g) the compliance of operations of aircraft referred to in point (a)(ii) and points (d) and (h) of Annex II, when used for commercial air transportation, with the relevant essential requirements set out in Annex IV and, if applicable, Annex Vb."

"

(c)   in paragraph 5, the following points are added:"

"(h) conditions and procedures under which specialised operations shall be subject to an authorisation;

   (i) conditions under which operations shall be prohibited, limited or subject to certain conditions in the interest of safety in accordance with Article 22(1)."

"

(d)   at the end of paragraph 5, the following new subparagraph is added:"

"As regards the operation of aircraft referred to in Article 4(1)(b) and (c), the Commission shall be empowered, by means of delegated acts in accordance with Article 65b, to amend or supplement Annex IV and, if applicable, Annex Vb, where necessary for reasons of technical, operational or scientific developments or safety evidence related to air operations, in order to, and to the extent needed to, achieve the objectives laid down in Article 2." [Am. 35]

"

(9)   Article 8a is amended as follows:

(a)   in paragraph 5, the introductory part is replaced by the following:"

"5. As regards aerodromes and aerodrome equipment, as well as the operation of aerodromes, the Commission shall be empowered to adopt delegated acts in accordance with Article 65b in order to lay down detailed rules with regard to:"

"

(b)   in paragraph 5, the following points are added after (j):"

"(k) the conditions for issuing, maintaining, amending, suspending or revoking certificates of apron management service providers;

   (l) the conditions for issuing and disseminating mandatory information in order to ensure the safety of aerodrome operations and aerodrome equipment;
   (m) the responsibilities of service providers referred to in paragraph 2(e);
   (n) the conditions to issue, maintain, amend, suspend or revoke organisation approvals and conditions for the oversight of organisations engaged in the design, manufacture and maintenance of safety critical aerodrome equipment;
   (o) the responsibilities of organisations engaged in the design, manufacture and maintenance of safety critical aerodrome equipment."

"

(c)   at the end of paragraph 5, the following new subparagraph is added:"

"As regards aerodromes and aerodrome equipment, as well as the operation of aerodromes, the Commission shall be empowered, by means of delegated acts in accordance with Article 65b, to amend or supplement Annex Va and, if applicable, Annex Vb, where necessary for reasons of technical, operational or scientific developments or safety evidence related to the aerodromes, in order to, and to the extent needed to, achieve the objectives laid down in Article 2." [Am. 36]

"

(10)   Article 8b is amended as follows:

(a)   paragraph 4 and 5 are replaced by the following:"

"4. The measures referred to in paragraph 6 may lay down a requirement for certification or declaration in respect of organisations engaged in the design, manufacture and maintenance of ATM/ANS systems and constituents upon which safety or interoperability are dependent. The certificate for those organisations shall be issued when they have demonstrated their capability and means of discharging the responsibilities associated with their privileges. The privileges granted shall be specified in the certificate.

5.   The measures referred to in paragraph 6 may lay down a requirement for certification, or alternatively, validation or declaration by the ATM/ANS provider or the organisation engaged in the design, manufacture and maintenance of ATM/ANS systems and constituents, in respect of ATM/ANS systems and constituents, upon which safety or interoperability are dependent. The certificate or declaration for those systems and constituents shall be issued, or validation shall be given, when the applicant has shown that the systems and constituents comply with the detailed specifications established to ensure compliance with the essential requirements referred to in paragraph 1."

"

(b)   paragraph 6 is amended as follows:

(i)   the introductory part is replaced by the following:"

"6. As regards the provision of ATM/ANS, the Commission shall be empowered to adopt delegated acts in accordance with Article 65b in order to lay down detailed rules with regard to:"

"

(ii)   point (e) is replaced by the following:"

"(e) the conditions and procedures for the declaration by, and for the oversight of service providers and organisations engaged in the design, manufacture and maintenance of ATM/ANS systems and constituents referred to in paragraphs 3 to 5;"

"

(iii)   the following points are added:"

"(g) conditions for issuing and disseminating mandatory information in order to ensure the safety in the provision of ATM/ANS;

   (h) the conditions for the validation and declaration referred to in paragraph 5 and for the oversight of compliance with these conditions;
   (i) operating rules and ATM/ANS constituents required for the use of airspace."

"

(iv)   at the end of the paragraph, the following new subparagraph is added:"

"As regards the provision of ATM/ANS, the Commission shall be empowered, by means of delegated acts in accordance with Article 65b, to amend or supplement Annex Va, where necessary for reasons of technical, operational or scientific developments or safety evidence related to the ATM/ANS, in order to, and to the extent needed to, achieve the objectives laid down in Article 2" [Am. 37]

"

(c)   in the paragraph 7, point (a) is replaced by the following:"

"(a) reflect the state of the art and the best practices in the field of ATM/ANS in particular in accordance with the ATM Master Plan and in close cooperation with ICAO".

"

(11)   Article 8c is amended as follows:

(a)   in paragraph 10, the introductory part is replaced by the following:"

"10. As regards air traffic controllers, as well as persons and organisations involved in the training, testing, checking or medical assessment of air traffic controllers, the Commission shall be empowered to adopt delegated acts in accordance with Article 65b in order to lay down detailed rules with regard to:"

"

(b)   in paragraph 10, the following points are added:"

"(e) without prejudice to the provisions of bilateral agreements concluded in accordance with Article 12, the conditions for the acceptance of licences from third countries;

   (f) the conditions under which the provision of on-the-job training shall be prohibited, limited or subject to certain conditions in the interest of safety.
   (g) conditions for issuing and disseminating mandatory information in order to ensure the safety in the provision of on-the-job training;"

"

(c)   at the end of paragraph 10, the following new subparagraph is added:"

"As regards air traffic controllers, as well as persons and organisations involved in the training, testing, checking or medical assessment of air traffic controllers, the Commission shall be empowered, by means of delegated acts in accordance with Article 65b, to amend or supplement Annex Vb, where necessary for reasons of technical, operational or scientific developments or safety evidence related to the training organisations and air traffic controllers, in order to, and to the extent needed to, achieve the objectives laid down in Article 2." [Am. 38]

"

(12)   Article 9 is amended as follows:

(a)   in paragraph 4, the introductory part is replaced by the following:"

"4. As regards aircraft referred to in Article 4(1)(d), as well as their crew and their operations, the Commission shall be empowered to adopt delegated acts in accordance with Article 65b in order to lay down detailed rules with regard to:"

"

(b)   in paragraph 4, point (a) is replaced by the following:"

"(a) the authorisation of aircraft referred to in Article 4(1)(d), or crew, which do not hold a standard ICAO certificate of airworthiness or licence, to operate into, within or out of the Community;"

"

(c)   in paragraph 4, point (e) is replaced by the following:"

"(e) conditions for the declaration by, and for the oversight of, operators referred to in paragraph 3;"

"

(d)   in paragraph 4, the following point is added:"

"(g) alternative conditions for cases where compliance with the standards and requirements referred to in paragraph 1 is not possible or involves disproportionate effort, ensuring that the objective of the standards and requirements concerned is met."

"

(e)   in paragraph 5, point (e), the word "safety" is deleted.

(13)   Article 10 is amended as follows:

(a)   paragraph 2 is replaced by the following:"

"2. For the purposes of the implementation of paragraph 1, Member States shall, in addition to their oversight of certificates that they have issued, or declarations that they have received, conduct investigations, including ramp inspections, and shall take any measure, including the grounding of aircraft, to prevent the continuation of an infringement."

"

(b)   in paragraph 5, the introductory part is replaced by the following:"

"5. The Commission shall be empowered to adopt delegated acts in accordance with Article 65b in order to lay down detailed rules setting out the conditions for the cooperation referred to in paragraph 1 and in particular: "

"

(c)   in paragraph 5, the following points are added :"

"(d) conditions for the qualifications of inspectors conducting ramp inspections and organisation involved in training of these inspectors

   (e) conditions for the administration and application of oversight and enforcement, including safety management systems"

"

(14)   Article 11 is amended as follows:

(a)   paragraphs 1 and 2 are replaced by the following:"

"1. Member States shall, without further technical requirements or evaluation, recognise certificates issued in accordance with this Regulation and the delegated acts and implementing acts adopted on the basis thereof. When the original recognition is for a particular purpose or purposes, any subsequent recognition shall cover only the same purpose or purposes.

2.   The Commission shall, on its own initiative or at the request of a Member State or of the Agency, decide whether a certificate referred to in paragraph 1 complies with this Regulation and the delegated and implementing acts adopted on the basis thereof. Those implementing acts shall be adopted in accordance with the procedure referred to in Article 65(2). On duly justified imperative grounds of urgency relating to safety, the Commission shall adopt immediately applicable implementing acts in accordance with the procedure referred to in Article 65(4)"

"

(15)   In Article 12(2) (b), the last subparagraph is replaced by the following:"

"it may require the Member State concerned to modify the agreement, to suspend its application or to renounce it, in accordance with Article 351 of the Treaty on the Functioning of the European Union. Those implementing acts shall be adopted in accordance with the procedure laid down in Article 65(2)."

"

(16)   Article 13 is replaced by the following:"

"Article 13

Qualified entities

"When allocating a specific certification or oversight task to a qualified entity, the Agency or the national aviation authority concerned shall ensure that such entity comply with the criteria laid down in Annex V.

Qualified entities shall not issue certificates or authorisations, or receive declarations."

"

(17)   Article 14 is amended as follows:

(a)   paragraph 1 is replaced by the following:"

"1. The provisions of this Regulation and of the delegated acts and implementing acts adopted on the basis thereof shall not prevent a Member State from reacting immediately to a safety problem which involves a product, system, person or organisation, on the condition that the immediate action is required to ensure safety and that it is not possible to adequately address the problem in compliance with this Regulation and the delegated acts and implementing acts adopted on the basis thereof."

"

(b)   paragraph 3 is replaced by the following:"

"3. The Commission shall assess whether conditions referred to in paragraph 1 have been complied with and, where it considers that this is not the case, adopt a decision to that effect. Those implementing acts shall be adopted in accordance with the procedure referred to in Article 65(2). On duly justified imperative grounds of urgency relating to safety, the Commission shall adopt immediately applicable implementing acts in accordance with the procedure referred to in Article 65(4).

The Member State concerned shall revoke the measure taken pursuant to paragraph 1 upon notification of the decision referred to in the first subparagraph of this paragraph.

Where necessary as a consequence of the identification of an immediate safety problem referred to in paragraph 1, the Commission shall be empowered to adopt delegated acts in accordance with Article 65c in order to amend or supplement this Regulation address the identified safety problems ." [Am. 39]

"

(c)   paragraph 4 is replaced by the following:"

"4. Member States may grant exemptions from the substantive requirements laid down in this Regulation and its delegated and implementing acts in the event of unforeseen urgent operational circumstances or operational needs of a limited duration, provided the level of safety is not adversely affected. The Agency, the Commission and the other Member States shall be notified of any such exemptions as soon as they become repetitive or where they are granted for periods of more than two months."

"

(d)   in paragraph 5, the second subparagraph is replaced by the following:"

"The Commission shall assess whether the exemption complies with the conditions set out in paragraph 4 and, where it considers that this is not the case, adopt a decision to that effect. Those implementing acts shall be adopted in accordance with the procedure referred to in Article 65(2). On duly justified imperative grounds of urgency relating to safety, the Commission shall adopt immediately applicable implementing acts in accordance with the procedure referred to in Article 65(4).

The Member State concerned shall revoke the exemption upon notification of the decision referred to in the second subparagraph."

"

(e)   paragraph 6, the first subparagraph is replaced by the following:"

"6. Where an equivalent level of protection to that attained by the application of the delegated and implementing acts adopted on the basis of this Regulation can be achieved by other means, Member States may, without discrimination on grounds of nationality, grant an approval derogating from those delegated or implementing acts, in conformity with the procedure laid down in the second subparagraph and paragraph 7."

"

(f)   in paragraph 7, the following second subparagraph is added at the end replaced by the following : [Am. 10] "

"Where the Commission finds, taking into account the recommendation referred to in the first subparagraph, that the conditions laid down in paragraph 6 are met, it shall grant the derogation without delay by amending accordingly the relevant delegated or implementing acts adopted on the basis of this Regulation."

"

(18)   Article 15 is amended as follows:

(a)   in paragraph 2, the introductory part is replaced by the following:"

"2. Without prejudice to the public's right of access to the Commission's documents as laid down in Regulation (EC) No 1049/2001, the Commission shall adopt detailed rules on the dissemination to interested parties on its own initiative of the information referred to in paragraph 1 of this Article. Those implementing acts shall be adopted in accordance with the procedure referred to in Article 65(3).These measures shall take account of the need:”

"

(b)   paragraph 3 is replaced by the following:"

“3. The national aviation authorities shall, in accordance with Union law and t heir national legislation, take necessary measures to ensure appropriate confidentiality of the information received by them pursuant to paragraph 1." [Am. 11]

"

(19)   The title of Chapter III is replaced by the following:"

"THE EUROPEAN UNION AGENCY FOR AVIATION"

"

(20)   Article 17 is amended as follows:

(a)   Paragraph 1 is replaced by the following:"

"For the purpose of the implementation of this Regulation, a European Union Agency for Aviation shall be established."

"

(b)   in paragraph 2, the first sentence is replaced by the following:"

"For the purposes of ensuring the proper functioning and development of civil aviation, in particular safety, the Agency shall:" [Am. 12]

"

(c)   in paragraph 2, the following point is added:"

"(f) support the Member States competent authorities in carrying out their tasks by providing a forum for exchanges of information and experts."

"

(ca)   in paragraph 2, the following points are inserted: "

"(g) in accordance with Article 2, to promote Union aviation standards and rules at international level by establishing the appropriate cooperation with third countries and international organisations, and thereby to promote the movement of the Unions aeronautical products, professionals and services with a view to facilitating their access to new growing markets worldwide;

   (h) perform the accreditation of the national aviation authorities. The Commission shall be empowered to adopt delegated acts in accordance with Article 65b in order to lay down detailed rules setting out the conditions to fulfil the provision of this paragraph. " [Ams. 13, 31 and 40]

"

(21)   In Article 19(2), the second subparagraph is replaced by the following:"

"These documents shall reflect the state of the art and the best practices in the fields concerned and be updated taking into account worldwide aviation experience, and scientific and technical progress and the ATM master plan ." [Am. 14]

"

(22)   In Article 21(2)(b), point (i) is replaced by the following:"

"(i) flight simulation training devices operated by training organisations certified by the Agency;"

"

(23)   Article 22 is amended as follows:

(a)   in paragraph 2, point (c) the words "one month" are replaced by "three months"

(b)   in paragraph 2, point (e) is replaced by the following:"

"(e) should a Member State disagree with the Agency's conclusions concerning an individual scheme, it shall refer the issue to the Commission. The Commission shall decide whether that scheme complies with the safety objectives of this Regulation. Those implementing acts shall be adopted in accordance with the procedure referred to in Article 65(2);"

"

(24)   In Article 22a; the following point is inserted:"

"(ca) issue and renew certificates or accept declarations of conformity or suitability for use and of compliance in accordance with Article 8b(4) and (5) of organisations providing pan-European services or systems and where requested by the Member State concerned, also of other service providers as well as organisations engaged in the design, manufacture and maintenance of ATM/ANS systems and constituents;"

"

(25)   In Article 24, paragraph 5 is replaced by the following:"

"5. Taking account of the principles laid down in Articles 52 and 53, the Commission shall adopt detailed rules on the working methods of the Agency for conducting the tasks referred to in paragraphs 1, 3 and 4. Those implementing acts shall be adopted in accordance with the procedure referred to in Article 65(2)."

"

(26)   Article 25 is amended as follows:

(a)   in paragraph 3, the introductory part is replaced by the following:"

"3. On the basis of paragraphs 1 and 2, the Commission shall, by means of delegated acts in accordance with Article 65b, lay down:"

"

(b)   in paragraph 3, point (b) is replaced by the following:"

"(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 temporal provisions and the quantification and collection of fines and periodic penalty payments."

"

(27)   In article 29, paragraph 2 is deleted.

(28)   Article 30 is replaced by the following:"

"Article 30

Privileges and immunities

The Protocol on the Privileges and Immunities of the European Union shall apply to the Agency and its staff."

"

(29)   Article 33 is amended as follows:

(a)   in paragraph 2, point (a) is replaced by the following:"

"(a) appoint the Executive Director, and the Deputy Executive Directors, in accordance with Articles 39a and 39b;"

"

(b)   in paragraph 2, point (c) is replaced by the following:"

"(c) before 30 November each year, and after receiving the opinion of the Commission, adopt the Agency's annual and multi-annual work programme for the coming year(s); these work programmes shall be adopted without prejudice to the Union's annual Community budgetary procedure and the Community Union's legislative programme in relevant areas of aviation safety; the opinion of the Commission shall be attached to the work programmes;" [Am. 15]

"

(c)   in paragraph 2, point (h) is replaced by the following:"

"(h) exercise disciplinary authority over the Executive Director and over the Deputy Executive Directors in agreement with the Executive Director;"

"

(d)   in paragraph 2, the following points are added:"

"(n) in accordance with paragraph 6, exercise, with respect to the staff of the Agency, the powers conferred by the Staff Regulations on the Appointing Authority and by the Conditions of Employment of Other Servants on the Authority Empowered to Conclude a Contract of Employment (Regulation (EEC, Euratom, ECSC) No 259/68 of the Council* ) ("the appointing authority powers");

   (o) ensure adequate follow-up to findings and recommendations stemming from the internal or external audit reports and evaluations, as well as from investigations of the European Anti-fraud Office (OLAF);
   (p) adopt appropriate implementing rules for giving effect to the Staff Regulations and the Conditions of Employment of Other Servants in accordance with Article 110 of the Staff Regulations;
   (q) adopt rules for the prevention and management of conflicts of interest in respect of its members, as well as members of Board(s) of Appeal.

_____________________

* Regulation (EEC, Euratom, ECSC) No 259/68 of the Council of 29 February 1968 laying down the Staff Regulations of Officials and the Conditions of Employment of Other Servants of the European Communities and instituting special measures temporarily applicable to officials of the Commission (OJ L 56, 4.3.1968, p. 1);"

"

(e)   the following paragraph 6 is added:"

"6. The Management Board shall adopt, in accordance with Article 110 of the Staff Regulations, a decision based on Article 2(1) of the Staff Regulations and on Article 6 of the Conditions of Employment of Other Servants, delegating relevant appointing authority powers to the Executive Director and defining the conditions under which this delegation of powers can be suspended. The Executive Director shall be authorised to sub-delegate those powers.

Where exceptional circumstances so require, the Management Board may by way of a decision taken by an absolute majority of its members temporarily suspend the delegation of the appointing authority powers to the Executive Director and those sub-delegated by the latter and exercise them itself or delegate them to one of its members or to a staff member other than the Executive Director." [Am. 16]

"

(30)   Article 34 is amended as follows:

(a)   in paragraph 1, the words "one representative of the Commission" are replaced by "two representatives of the Commission, all with voting rights".

(b)   in paragraph 1, second subparagraph, the words "its representative and alternate" are replaced by "its representatives and their alternates"

(c)   in paragraph 1, second subparagraph, the word "five" is replaced by "four"

(d)   in paragraph 1, the following new subparagraph is added at the end:"

"Members of the Management Board and their alternates shall be appointed in light of their knowledge in the field of aviation, taking into account relevant managerial, administrative and budgetary skills. All parties represented in the Management Board shall make efforts to limit turnover of their representatives, in order to ensure continuity of the board's work. All parties shall aim to achieve a balanced representation between men and women on the Management Board."

"

(31)   In Article 37, paragraph 1, the following changes are made:

–   the words "two-thirds majority" are replaced by "simple absolute majority". [Am. 17]

–   the following second sentence is inserted:"

"However a two-thirds majority of the Management Board members shall be required for decisions relating to adoption of the work programmes, the annual budget, appointment, and the extension of the term of office or removal from office of the Executive Director."

"

(32)   The following Article is added:"

"Article 37a

Executive Board

1.   The Management Board shall be assisted by an Executive Board.

2.  The Executive Board shall:

   (a) prepare decisions to be adopted by the Management Board.
   (b) ensure, together with the Management Board, adequate follow-up to the findings and recommendations stemming from the internal or external audit reports and evaluations, as well as from investigations of the European Anti-fraud Office (OLAF);
   (c) without prejudice to the responsibilities of the Executive Director, as set out in Article 38, assist and advise him/her in the implementation of the decisions of the Management Board, with a view to reinforcing supervision of administrative and budgetary management.

3.   When necessary, because of urgency, the Executive Board may take certain provisional decisions on behalf of the Management Board, in particular on administrative management matters, including the suspension of the delegation of the appointing authority powers and budgetary matters the Executive Board may provisionally take decisions on the suspension of the delegation of the appointing authority powers and on budgetary matters. Those decisions shall be taken by a majority of five out of seven members of the Executive Board. They shall be referred, without delay, to the closest following meeting of the Management Board. The Management Board may revoke them by a vote taken by absolute majority.

4.   The Executive Board shall be composed of the Chairperson of the Management Board, one representative of the Commission to the Management Board and three other members appointed by the Management Board from , and five other members appointed by the Management Board for a term of two years , among its members with the right to vote. The term of the five appointees of the Management Board may be renewed on an unlimited number of occasions. The Chairperson of the Management Board shall also be the Chairperson of the Executive Board. The Executive Director shall take part in the meetings of the Executive Board, but shall not have the right to vote.

5.   The term of office of members of the Executive Board shall be the same as that of members of the Management Board. The term of office of the Chairperson of the Executive Board shall be the same as his/ her term of office as the Chairperson of the Management Board. The term of office of the representative of the Commission shall be the same as his/her term of office on the Management Board. The term of office of the members of the Executive Board shall end when their membership of the Management Board ends.

6.   The Executive Board shall hold at least one ordinary meeting every three months. In addition, it shall meet on the initiative of its Chairperson or at the request of its members or of the Executive Director .

7.   The Management Board shall lay down the rules of procedure of the Executive Board." [Am. 18]

"

(33)   Article 38 is amended as follows:

(a)   paragraph 1 is replaced by the following:"

"1. The Agency shall be managed by its Executive Director, who shall be completely independent in the performance of his/her duties. Without prejudice to the competencies of the Commission the Management Board and the Executive Board, the Executive Director shall neither seek nor take instructions from any government or from any other body."

"

(b)   in paragraph 3, point (g) is deleted.

(c)   in paragraph 3, point (i) is replaced by the following:"

"(i) to delegate his/her powers to other members of the Agency's staff. The Commission shall define the modalities of such delegations. Those implementing acts shall be adopted in accordance with the procedure referred to in Article 65(2);"

"

(d)   in paragraph 3, point (k) is replaced by the following:"

"(k) to prepare the annual and multi-annual work programmes, and submit them to the Management Board after consulting the Commission;"

"

(e)   in paragraph 3, the following points are added:"

"(m) to implement the annual and multi-annual work programmes, and report to the Management Board on their implementation;

   (n) to prepare an action plan following up conclusions of internal or external audit reports and evaluations, as well as investigations by the European Anti-Fraud Office (OLAF) and report on progress twice a year to the Commission and regularly to the Executive and Management Boards
   (o) to protect the financial interests of the Union by applying preventive measures against fraud, corruption and any other illegal activities, by effective checks and, if irregularities are detected, to recover amounts wrongly paid and, where appropriate, improve effective, proportionate and dissuasive administrative and financial penalties;
   (p) to prepare an anti-fraud strategy for the Agency and present it to the Management Board for approval;"

"

(34)   Article 39 is deleted.

(35)   The following Articles are added:"

"Article 39a

Appointment of the Executive Director

1.   The Executive Director shall be engaged as a temporary agent of the Agency under Article 2(a) of the Conditions of Employment of Other servants.

2.   The Executive Director shall be appointed by the Management Board on grounds of merit and of documented competence and experience relevant for civil aviation, from a list of candidates proposed by the Commission, following an open and transparent selection procedure.

For the purpose of concluding the contract with the Executive Director, the Agency shall be represented by the Chairperson of the Management Board.

Before appointment, the candidate selected by the Management Board may be invited to shall make a statement before the competent committee of the European Parliament and to answer questions put by its members. [Am.19]

3.   The term of office of the Executive Director shall be five years. By the end of Midway through that period, the Commission shall undertake an assessment that takes into account an evaluation of draw up a report evaluating the Executive Director's performance and the Agency's future tasks and challenges. The Commission shall present that evaluation report to the competent committee of the European Parliament. [Am. 20]

4.   The Management Board, acting on a proposal from the Commission that takes into account the assessment referred to in paragraph 3, may extend the term of office of the Executive Director once, for no more than five years.

5.   The Management Board shall inform the European Parliament if it intends to extend the Executive Director's term of office. Within one month before any such extension, the Executive Director may be invited to shall make a statement before the competent committee of the Parliament and answer questions put by its members. [Am. 21]

6.   An Executive Director whose term of office has been extended may not participate in another selection procedure for the same post at the end of the overall period.

7.   The Executive Director may be removed from office only upon a decision of the Management Board acting on a proposal from the Commission.

8.   The Management Board shall reach decisions on appointment, extension of the term of office or removal from office of the Executive Director and/or Deputy Executive Directors on the basis of a two-thirds majority of its members with voting rights.

Article 39b

Appointment of Deputy Executive Directors

1.   One or more Deputy Executive Director(s) may shall assist the Executive Director. [Am. 22]

2.   The Deputy Executive Director or Deputy Executive Directors shall be appointed, extended in their term of office or removed from office as provided for in Article 39a, after consultation of the Executive Director and, where applicable, the Executive Director elect."

"

(36)   In article 40, paragraph 3 is replaced by the following:"

"3. The Board or Boards of Appeal shall be convened as necessary. The Commission shall determine the number of Boards of Appeal and the work allocated to it or them. Those implementing acts shall be adopted in accordance with the procedure referred to in Article 65(2)."

"

(37)   In Article 41, paragraph 5 is replaced by the following:"

"5. The Commission shall determine the qualifications required for the members of each Board of Appeal, the powers of individual members in the preparatory phase of decisions and the voting conditions. Those implementing acts shall be adopted in accordance with the procedure referred to in Article 65(3)."

"

(38)   In Article 52(1), point (b) is replaced by the following:"

"(b) whenever necessary, involve experts from relevant interested parties, or draw on expertise from the relevant European standardisation bodies, Eurocontrol or other specialised bodies;"

"

(39)   Article 56 is replaced by the following :"

"Article 56

Annual and multi-annual work programme

1.   By 30 November each year, in accordance with Article 33(2)(c), the Management Board shall adopt a programming document containing multi-annual and annual programming, based on a draft put forward by the Executive Director, taking into account the opinion of the Commission. It shall forward it to the European Parliament, the Council and the Commission.

The programming document shall become definitive after final adoption of the general budget and if necessary shall be adjusted accordingly.

The annual and multi-annual work programmes shall aim to promote the continuous improvement of European aviation safety and comply with the objectives, mandates and tasks of the Agency, as set out in this Regulation.

2.   The annual work programme shall comprise detailed objectives and expected results including performance indicators. 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 annual work programme shall be coherent with the multi-annual work programme referred to in paragraph 4. It shall clearly indicate tasks that have been added, changed or deleted in comparison with the previous financial year.

It shall include the strategy for relations with third countries or international organisations referred to in Article 27(2) and the actions linked to this strategy.

3.   The Management Board shall amend the adopted annual work programme when a new task is given to the Agency.

Any substantial amendment to the annual work programme shall be adopted by the same procedure as the initial annual work programme. The Management Board may delegate the power to make non-substantial amendments to the annual work programme to the Executive Director.

4.   The multi-annual work programme shall set out overall strategic programming including objectives, expected results and performance indicators. It shall also set out resource programming including multi-annual budget and staff.

The resource programming shall be updated annually. The strategic programming shall be updated where appropriate, and in particular to address the outcome of the evaluation referred to in Article 62."

"

(40)   In Article 57, first subparagraph is replaced by the following:"

"The annual general report shall describe the way in which the Agency has implemented its annual work programme. It shall clearly indicate which of the mandates and tasks of the Agency have been added, changed or deleted in comparison with the previous year."

"

(41)   In Article 59(1), the following points are added:"

"(f) charges paid in accordance with Article 13 of under Commission Implementing Regulation (EC)° No [SES Regulation] for (EU ) No 391/2013* relevant for ATM/ANS authority oversight tasks carried out by the Agency . [Am. 23]

   (fa) grants. [Am. 24]

_________________

* Commission Implementing Regulation (EU) No 391/2013 of 3 May 2013 laying down a common charging scheme for air navigation services (OJ L 128, 9.5.2013, p. 31). "

"

(41a)   The following Article is inserted: "

"Article 61a

Conflicts of interest

1.   The Executive Director and officials seconded by Member States and the Commission on a temporary basis shall make a declaration of commitments and a declaration of interests indicating the absence of any direct or indirect interests, which might be considered prejudicial to their independence. Those declarations shall be made in writing on their entry into service and shall be renewed in the event of a change in their personal circumstances. Members of the Management Board, the Executive Board and the Board of Appeal shall also make those declarations which shall be public together with their curricula vitae. The Agency shall publish on its website a list of its the members of the bodies described in Article 42 and external and in-house experts.

2.  The Management Board shall implement a policy to manage and avoid conflicts of interest, which shall include at least:

   (a) principles for managing and verification of the declarations of interest including rules for making them public taking into consideration Article 77;
   (b) compulsory training requirements regarding conflicts of interest for the staff of the Agency and seconded national experts;
   (c) rules on gifts and invitations;
   (d) detailed rules for incompatibilities for staff and members of the Agency once they have ended their employment relation with the Agency;
   (e) rules of transparency on Agency's decisions including the minutes of the Boards of the Agency which shall be made public taking into consideration sensitive, classified and commercial information; and
   (f) penalties and other mechanisms by which to safeguard the autonomy and independency of the Agency.

The Agency shall take into consideration the need to maintain balance between the risks and the benefits, in particular as regards the objective of obtaining the best technical advice and expertise, and the management of conflicts of interest. The Executive Director shall include the information related to implementation of that policy when reporting to the European Parliament and the Council in accordance with this Regulation." [Am. 25]

"

(42)   Article 62 is amended as follows:

(a)   in paragraph 1, the words "Management Board" are replaced by "Commission"

(b)   the following paragraph is added:"

"4. On the occasion of every second evaluation, there shall also be an assessment of the results achieved by the Agency having regard to its objectives, mandate and tasks. If the Commission considers that the continuation of the Agency is no longer justified with regard to its assigned objectives, mandate and tasks, it may propose that this Regulation be amended accordingly or repealed."

"

(43)   Article 64 is amended as follows:

(a)   the word "regulation" in the title is deleted.

(b)   paragraph 1 is replaced by the following:"

"1. The Commission shall be empowered to adopt delegated acts in accordance with Article 65b in order to lay down, on the basis of paragraphs 3, 4 and 5, detailed rules relating to fees and charges.”

"

(c)   paragraph 3 is replaced by the following:"

"3. The rules referred to in paragraph 1 shall determine in particular the matters for which fees and charges pursuant to Article 59(1)(c) and (d) are due, the amount of the fees and charges and the way in which they are to be paid."

"

(d)   Paragraph 5 is replaced by the following:"

"5. The amount of the fees and charges shall be fixed at such a level as to ensure that the revenue in respect thereof is in principle sufficient to cover the full cost of the services delivered. All expenditures of the Agency attributed to staff involved in activities referred to in paragraph 3, including the employer's pro-rata contribution to the pension scheme, shall be in particular reflected in this cost. The fees and charges, including those collected in 2007, shall be assigned revenues for the Agency."

"

(da)   The following paragraph is added: "

"6. The number of staff financed from revenue derived from fees and charges shall be allowed to fluctuate in line with market demand for certificates, approvals and other services." [Am. 26]

"

(44)   Article 65 is replaced by the following:"

"Article 65

Committee

1.   The Commission shall be assisted by a committee. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011 of the European Parliament and of the Council*.

2.   Where reference is made to this paragraph, Article 4 of Regulation (EU) No 182/2011 shall apply.

3.   Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.

4.   Where reference is made to this paragraph, Article 8 of Regulation (EU) No 182/2011, in conjunction with Article 4 thereof, shall apply.

__________________

* Regulation (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). "

"

(45)   Article 65a is deleted.

(46)   The following Articles are added :"

"Article 65b

Exercise of the delegation

1.   The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.

2.   The delegation of power referred to in Article 5(5), Article 6(2), Article 6(3), Article 7(6), Article 8(5), Article 8a(5), Article 8b(6), Article 8c(10), Article 9(4), Article 10(5), Article 14(3), Article 14(7), Article 25(3) and Article 64(1) shall be conferred on the Commission for an indeterminate a period of five years from the date of entry into force of this Regulation. 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 of time . 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 . [Am. 27]

3.   The delegation of power referred to in Article 5(5), Article 6(2), Article 6(3), Article 7(6), Article 8(5), Article 8a(5), Article 8b(6), Article 8c(10), Article 9(4), Article 10(5), Article 14(3), Article 14(7), Article 25(3) and Article 64(1) may be revoked at any time by the European Parliament or by the Council. A decision of revocation 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.   As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.

5.   A delegated act adopted pursuant to Article 5(5), Article 6(2), Article 6(3), Article 7(6), Article 8(5), Article 8a(5), Article 8b(6), Article 8c(10), Article 9(4), Article 10(5), Article 14(3), Article 14(7), Article 25(3) and Article 64(1) shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of 2 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 2 months at the initiative of the European Parliament or the Council.

Article 65c

Urgency procedure

1.   Delegated acts adopted under this Article shall enter into force without delay and shall apply as long as no objection is expressed in accordance with paragraph 2. The notification of a delegated act to the European Parliament and to the Council shall state the reasons for the use of the urgency procedure.

2.   Either the European Parliament or the Council may object to a delegated act in accordance with the procedure referred to in Article 65b(5). In such a case the Commission shall repeal the act without delay following the notification of the decision to object by the European Parliament or by the Council."

"

(46a)   The following Article is inserted: "

"Article 65d

Commission report

In accordance with the Treaty on the Functioning of the European Union, the Commission shall review the application of this Regulation and report to the European Parliament and to the Council by 31 December 2015 with a view to further developments in regard to constructing a risk-based, proportional and sustainable safety framework." [Am. 28]

"

(47)   The following Article 66a is added:"

"Article 66a

Headquarters Agreement and operating conditions

1.   The necessary arrangements concerning the accommodation to be provided for the Agency in the host Member State and the facilities to be made available by that Member State together with the specific rules applicable in the host Member State to the Executive Director, members of the Management Board, Agency staff and members of their families shall be laid down in a Headquarters Agreement between the Agency and Member State where the seat is located, concluded after obtaining the approval of the Management Board and no later than 2 years after the entry into force of Regulation (EU) No [ ].

2.   The Agency’s host Member State shall provide the best possible conditions to ensure the functioning of the Agency, including multilingual, European-oriented schooling and appropriate transport connections."

"

(48)   The following Article is added:"

"Article 66b

Security rules on the protection of classified and sensitive non-classified information

The Agency shall apply the security principles contained in the Commission's security rules for protecting European Union Classified Information (EUCI) and sensitive non-classified information, as set out in the annex to Decision 2001/844/EC, ECSC, Euratom. Applying the security principles shall cover, inter alia, provisions for the exchange, processing and storage of such information."

"

(49)   In Annex V, points 2 and 3 are replaced by the following:"

"2. The entity and the staff responsible for the certification and oversight tasks must carry out their duties with the greatest possible professional integrity and the greatest possible technical competence and must be free of any pressure and incentive, in particular of a financial type, which could affect their judgment their decisions or the results of their investigations, in particular from persons or groups of persons affected by the results of the certification or oversight tasks. [Am. 29]

3.   The entity must employ staff and possess the means required to perform adequately the technical and administrative tasks linked with the certification and oversight process; it should also have access to the equipment needed for exceptional checks."

"

(50)   Annex Vb is amended as follows:

(a)   paragraph 2, point (c) (iv) is replaced by the following:"

"Air traffic control services and related processes shall provide for adequate separation between aircraft and, on the aerodrome manoeuvring area, prevent collisions between obstacles and aircraft on that area and, where appropriate and feasible, assist in protection from other airborne hazards and shall ensure prompt and timely coordination with all relevant users and adjacent volumes of airspace."

"

(b)   in paragraph 2, point (g), the following words are added at the end of the point:"

"Flow management shall be performed with a view to optimising available capacity in the use of airspace and enhancing air traffic flow management processes. It shall be based on transparency and efficiency, ensuring that capacity is provided in a flexible and timely manner, consistent with the recommendations of the ICAO Regional Air Navigation Plan, European Region.

The measures referred to in Article 8b(6), concerning flow management shall support operational decisions by air navigation service providers, airport operators and airspace users and shall cover the following areas:

   (a) flight planning;
   (b) use of available airspace capacity during all phases of flight, including slot assignment; and
   (c) use of routings by general air traffic, including:
   the creation of a single publication for route and traffic orientation,
   options for diversion of general air traffic from congested areas, and
   priority rules regarding access to airspace for general air traffic, particularly during periods of congestion and crisis,
   (d) take into account the consistency between flight plans and airport slots and the necessary coordination with adjacent regions."

"

(c)   in paragraph 2, point (h), the following words are added at the end of the point:"

"Taking into account the organisation of military aspects under the responsibility of the Member States, airspace management shall also support the uniform application of the concept of the flexible use of airspace as described by the ICAO and as implemented under Regulation (EC) No 551/2004, in order to facilitate airspace management and air traffic management in the context of the common transport policy.

Member States shall report annually to the Agency on the application, in the context of the common transport policy, of the concept of the flexible use of airspace in respect of the airspace under their responsibility."

"

(d)   in paragraph 3, point (a), the following words are added at the end of the point:"

"The systems shall include in particular:

1.   Systems and procedures for airspace management.

2.   Systems and procedures for air traffic flow management.

3.   Systems and procedures for air traffic services, in particular flight data processing systems, surveillance data processing systems and human-machine interface systems.

4.   Communications systems and procedures for ground-to-ground, air-to-ground and air-to-air communications.

5.   Navigation systems and procedures.

6.   Surveillance systems and procedures.

7.   Systems and procedures for aeronautical information services.

8.   Systems and procedures for the use of meteorological information."

"

(e)   In paragraph 3, point (b), the following words are added at the end of the point:"

"ATM/ANS systems and their constituents shall be designed, built, maintained and operated using the appropriate and validated procedures, in such a way as to ensure the seamless operation of the European air traffic management network at all times and for all phases of flight. Seamless operation can be expressed, in particular, in terms of information-sharing, including the relevant operational status information, common understanding of information, comparable processing performances and the associated procedures enabling common operational performances agreed for the whole or parts of the European air traffic management network (EATMN).

The EATMN, its systems and their constituents shall support, on a coordinated basis, new agreed and validated concepts of operation that improve the quality, sustainability and effectiveness of air navigation services, in particular in terms of safety and capacity.

The EATMN, its systems and their constituents shall support the progressive implementation of civil/military coordination, to the extent necessary for effective airspace and air traffic flow management, and the safe and efficient use of airspace by all users, through the application of the concept of the flexible use of airspace.

To achieve these objectives, the EATMN, its systems and their constituents shall support the timely sharing of correct and consistent information covering all phases of flight, between civil and military parties."

"

Article 2

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union .

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at …,

For the European Parliament For the Council

The President The President

(1)OJ C 170, 5.6.2014, p. 116.
(2)OJ C 170, 5.6.2014, p. 116.
(3)Position of the European Parliament of 12 March 2014.
(4)Regulation (EC) No 1108/2009 of the European Parliament and of the Council of 21 October 2009 amending Regulation (EC) No 216/2008 in the field of aerodromes, air traffic management and air navigation services and repealing Directive 2006/23/EC (OJ L 309, 24.11.2009, p. 51).
(5)Regulation (EC) No 1070/2009 of the European Parliament and of the Council of 21 October 2009 amending Regulations (EC) No 549/2004, (EC) No 550/2004, (EC) No 551/2004 and (EC) No 552/2004 in order to improve the performance and sustainability of the European aviation system (OJ L 300, 14.11.2009, p. 34).
(6) Regulation (EC) No 216/2008 of the European Parliament and of the Council of 20 February 2008 on common rules in the field of civil aviation and establishing a European Aviation Safety Agency, and repealing Council Directive 91/670/EEC, Regulation (EC) No 1592/2002 and Directive 2004/36/EC (OJ L 79, 19.3.2008, p. 1).
(7)Regulation (EC) No 549/2004 of the European Parliament and of the Council of 10 March 2004 laying down the framework for the creation of the single European sky (the framework Regulation) (OJ L 96, 31.3.2004, p.1).
(8)Regulation (EC) No 550/2004 of the European Parliament and of the Council of 10 March 2004 on the provision of air navigation services in the single European sky (the service provision Regulation) (OJ L 96, 31.3.2004, p.10).
(9)Regulation (EC) No 551/2004 of the European Parliament and of the Council of 10 March 2004 on the organisation and use of the airspace in the single European sky (the airspace Regulation) (OJ L 96, 31.3.2004, p. 20).
(10)Regulation (EC) No 552/2004 of the European Parliament and of the Council of 10 March 2004 on the interoperability of the European Air Traffic Management network (the interoperability Regulation) (OJ L 96, 31.3.2004, p.26).
(11) Regulation (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).
(12) No of the recast SES Regulation.
(13) No of the recast SES Regulation,
(14) Number of the Regulation in procedure COD 2013/0186.
(15) No of the recast SES Regulation.


Package travel and assisted travel arrangements ***I
PDF 541k   DOC 224k
European Parliament legislative resolution of 12 March 2014 on the proposal for a directive of the European Parliament and of the Council on package travel and assisted travel arrangements, amending Regulation (EC) No 2006/2004, Directive 2011/83/EU and repealing Council Directive 90/314/EEC (COM(2013)0512 – C7-0215/2013 – 2013/0246(COD) )
P7_TA(2014)0222

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Fluorinated greenhouse gases ***I
PDF 209k   DOC 77k
European Parliament legislative resolution of 12 March 2014 on the proposal for a regulation of the European Parliament and of the Council on fluorinated greenhouse gases (COM(2012)0643 – C7-0370/2012 – 2012/0305(COD) )
P7_TA(2014)0223

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Freedom of movement for workers ***I
PDF 197k   DOC 46k
European Parliament legislative resolution of 12 March 2014 on the proposal for a directive of the European Parliament and of the Council on measures facilitating the exercise of rights conferred on workers in the context of freedom of movement for workers (COM(2013)0236 – C7-0114/2013 – 2013/0124(COD) )
P7_TA(2014)0224

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Assessment of the effects of certain public and private projects on the environment ***I
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European Parliament legislative resolution of 12 March 2014 on the proposal for a directive of the European Parliament and of the Council amending Directive 2011/92/EU of the assessment of the effects of certain public and private projects on the environment (COM(2012)0628 – C7-0367/2012 – 2012/0297(COD) )
P7_TA(2014)0225

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Statistics relating to external trade with non-member countries (delegated and implementing powers) ***I
PDF 323k   DOC 58k
European Parliament legislative resolution of 12 March 2014 on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EC) No 471/2009 on Community statistics relating to external trade with non-member countries as regards conferring of delegated and implementing powers upon the Commission for the adoption of certain measures (COM(2013)0579 – C7-0243/2013 – 2013/0279(COD) )
P7_TA(2014)0226

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Copernicus Programme ***I
PDF 196k   DOC 43k
European Parliament legislative resolution of 12 March 2014 on the proposal for a regulation of the European Parliament and of the Council establishing the Copernicus Programme and repealing Regulation (EU) No 911/2010 (COM(2013)0312 – C7-0195/2013 – 2013/0164(COD) )
P7_TA(2014)0227

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European GNSS Agency ***I
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European Parliament legislative resolution of 12 March 2014 on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EU) No 912/2010 setting up the European GNSS Agency (COM(2013)0040 – C7-0031/2013 – 2013/0022(COD) )
P7_TA(2014)0228

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Priorities for EU relations with the Eastern partnership countries
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European Parliament resolution of 12 March 2014 on assessing and setting priorities for EU relations with the Eastern Partnership countries (2013/2149(INI) )
P7_TA(2014)0229

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US NSA surveillance programme, surveillance bodies in various Member States and impact on EU citizens' fundamental rights
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European Parliament resolution of 12 March 2014 on the US NSA surveillance programme, surveillance bodies in various Member States and their impact on EU citizens’ fundamental rights and on transatlantic cooperation in Justice and Home Affairs (2013/2188(INI) )
P7_TA(2014)0230 A7-0139/2014

The European Parliament,

–   having regard to the Treaty on European Union (TEU), in particular Articles 2, 3, 4, 5, 6, 7, 10, 11 and 21 thereof,

–   having regard to the Treaty on the Functioning of the European Union (TFEU), in particular Articles 15, 16 and 218 and Title V thereof,

–   having regard to Protocol 36 on transitional provisions and Article 10 thereof and to Declaration 50 concerning this protocol,

–   having regard to the Charter on Fundamental Rights of the European Union, in particular Articles 1, 3, 6, 7, 8, 10, 11, 20, 21, 42, 47, 48 and 52 thereof,

–   having regard to the European Convention on Human Rights, notably Articles 6, 8, 9, 10 and 13 thereof, and the protocols thereto,

–   having regard to the Universal Declaration of Human Rights, notably Articles 7, 8, 10,11,12 and 14 thereof(1) ,

–   having regard to the International Covenant on Civil and Political Rights, notably Articles 14, 17, 18 and 19 thereof,

–   having regard to the Council of Europe Convention on Data Protection (ETS No 108) and the Additional Protocol of 8 November 2001 to the Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data regarding supervisory authorities and transborder data flows (ETS No 181),

–   having regard to the Vienna Convention on Diplomatic Relations, notably Articles 24, 27 and 40 thereof,

–   having regard to the Council of Europe Convention on Cybercrime (ETS No 185),

–   having regard to the report of the UN Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism, submitted on 17 May 2010 (2) ,

–   having regard to the Commission communication on ‘Internet Policy and Governance – Europe’s role in shaping the future of Internet Governance’ (COM(2014)0072 );

–   having regard to the report of the UN Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, submitted on 17 April 2013(3) ,

–   having regard to the Guidelines on human rights and the fight against terrorism adopted by the Committee of Ministers of the Council of Europe on 11 July 2002,

–   having regard to the Declaration of Brussels of 1 October 2010, adopted at the 6th Conference of the Parliamentary Committees for the Oversight of Intelligence and Security Services of the European Union Member States,

–   having regard to Council of Europe Parliamentary Assembly Resolution No 1954 (2013) on national security and access to information,

–   having regard to the report on the democratic oversight of the security services adopted by the Venice Commission on 11 June 2007(4) , and expecting with great interest the update thereof, due in spring 2014,

–   having regard to the testimonies of the representatives of the oversight committees on intelligence of Belgium, the Netherlands, Denmark and Norway,

–   having regard to the cases lodged before the French(5) , Polish and British(6) courts, as well as before the European Court of Human Rights(7) , in relation to systems of mass surveillance,

–   having regard to the Convention established by the Council in accordance with Article 34 of the Treaty on European Union on Mutual Assistance in Criminal Matters between the Member States of the European Union(8) , and in particular to Title III thereof,

–   having regard to Commission Decision 2000/520/EC of 26 July 2000 on the adequacy of the protection provided by the Safe Harbour privacy principles and the related frequently asked questions (FAQs) issued by the US Department of Commerce,

–   having regard to the Commission’s assessment reports on the implementation of the Safe Harbour privacy principles of 13 February 2002 (SEC(2002)0196 ) and of 20 October 2004 (SEC(2004)1323 ),

–   having regard to the Commission communication of 27 November 2013 on the functioning of the Safe Harbour from the perspective of EU citizens and companies established in the EU (COM(2013)0847 ), and to the Commission communication of 27 November 2013 on rebuilding trust in EU-US data flows (COM(2013)0846 ),

–   having regard to its resolution of 5 July 2000 on the Draft Commission Decision on the adequacy of the protection provided by the Safe Harbour privacy principles and related frequently asked questions issued by the US Department of Commerce(9) , which took the view that the adequacy of the system could not be confirmed, and to the Opinions of the Article 29 Working Party, more particularly Opinion 4/2000 of 16 May 2000(10) ,

–   having regard to the agreements between the United States of America and the European Union on the use and transfer of passenger name records (PNR agreement) of 2004, 2007(11) and 2012(12) ,

—   having regard to the Joint Review of the implementation of the Agreement between the EU and the USA on the processing and transfer of passenger name records to the US Department of Homeland Security(13) , accompanying the report from the Commission to the European Parliament and to the Council on the joint review (COM(2013)0844 ),

–   having regard to the opinion of Advocate General Cruz Villalón concluding that Directive 2006/24/EC on the retention of data generated or processed in connection with the provision of publicly available electronic communications services or of public communications networks is as a whole incompatible with Article 52(1) of the Charter of Fundamental Rights of the European Union and that Article 6 thereof is incompatible with Articles 7 and 52(1) of the Charter(14) ,

–   having regard to Council Decision 2010/412/EU of 13 July 2010 on the conclusion of the Agreement between the European Union and the United States of America on the processing and transfer of Financial Messaging Data from the European Union to the United States for the purposes of the Terrorist Finance Tracking Program (TFTP)(15) and the accompanying declarations by the Commission and the Council,

–   having regard to the Agreement on mutual legal assistance between the European Union and the United States of America(16) ,

–   having regard to the ongoing negotiations on an EU-US framework agreement on the protection of personal data when transferred and processed for the purpose of preventing, investigating, detecting or prosecuting criminal offences, including terrorism, in the framework of police and judicial cooperation in criminal matters (the ‘Umbrella agreement’),

–   having regard to Council Regulation (EC) No 2271/96 of 22 November 1996 protecting against the effects of the extra-territorial application of legislation adopted by a third country, and actions based thereon or resulting therefrom(17) ,

–   having regard to the statement by the President of the Federative Republic of Brazil at the opening of the 68th session of the UN General Assembly on 24 September 2013 and to the work carried out by the Parliamentary Committee of Inquiry on Espionage established by the Federal Senate of Brazil,

–   having regard to the USA PATRIOT Act signed by President George W. Bush on 26 October 2001,

–   having regard to the Foreign Intelligence Surveillance Act (FISA) of 1978 and the FISA Amendments Act of 2008,

–   having regard to Executive Order No 12333, issued by the US President in 1981 and amended in 2008,

–   having regard to the Presidential Policy Directive (PPD-28) on Signals Intelligence Activities, issued by US President Barack Obama on 17 January 2014,

–   having regard to legislative proposals currently under examination in the US Congress including the draft US Freedom Act, the draft Intelligence Oversight and Surveillance Reform Act, and others,

–   having regard to the reviews conducted by the Privacy and Civil Liberties Oversight Board, the US National Security Council and the President’s Review Group on Intelligence and Communications Technology, particularly the report by the latter of 12 December 2013 entitled ‘Liberty and Security in a Changing World’,

–   having regard to the ruling of the United States District Court for the District of Columbia, Klayman et al. v Obama et al., Civil Action No 13-0851 of 16 December 2013, and to the ruling of the United States District Court for the Southern District of New York, ACLU et al. v James R. Clapper et al., Civil Action No 13-3994 of 11 June 2013,

–   having regard to the report on the findings by the EU Co-Chairs of the ad hoc EU-US Working Group on data protection of 27 November 2013(18) ,

–   having regard to its resolutions of 5 September 2001(19) and 7 November 2002(20) on the existence of a global system for the interception of private and commercial communications (ECHELON interception system),

–   having regard to its resolution of 21 May 2013 on the EU Charter: standard settings for media freedom across the EU(21) ,

–   having regard to its resolution of 4 July 2013 on the US National Security Agency surveillance programme, surveillance bodies in various Member States and their impact on EU citizens' privacy(22) , whereby it instructed its Committee on Civil Liberties, Justice and Home Affairs to conduct an in-depth inquiry into the matter

–   having regard to working document 1 on the US and EU Surveillance programmes and their impact on EU citizens fundamental rights,

–   having regard to working document 3 on the relation between the surveillance practices in the EU and the US and the EU data protection provisions,

–   having regard to working document 4 on US Surveillance activities with respect to EU data and its possible legal implications on transatlantic agreements and cooperation,

–   having regard to working document 5 on democratic oversight of Member State intelligence services and of EU intelligence bodies,

–   having regard to the AFET working document on Foreign Policy Aspects of the Inquiry on Electronic Mass Surveillance of EU Citizens;

–   having regard to its resolution of 23 October 2013 on organised crime, corruption and money laundering: recommendations on action and initiatives to be taken(23) ,

–   having regard to its resolution of 23 October 2013 on the suspension of the TFTP agreement as a result of US National Security Agency surveillance(24) ,

–   having regard to its resolution of 10 December 2013 on unleashing the potential of cloud computing in Europe(25) ,

–   having regard to the interinstitutional agreement between the European Parliament and the Council concerning the forwarding to and handling by the European Parliament of classified information held by the Council on matters other than those in the area of the common foreign and security policy(26) ,

–   having regard to Annex VIII of its Rules of Procedure,

–   having regard to Rule 48 of its Rules of Procedure,

–   having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs (A7-0139/2014 ),

The impact of mass surveillance

A.   whereas data protection and privacy are fundamental rights; whereas security measures, including counterterrorism measures, must therefore be pursued through the rule of law and must be subject to fundamental rights obligations, including those relating to privacy and data protection;

B.   whereas information flows and data, which today dominate everyday life and are part of any person’s integrity, need to be as secure from intrusion as private homes;

C.   whereas the ties between Europe and the United States of America are based on the spirit and principles of democracy, the rule of law, liberty, justice and solidarity;

D.   whereas cooperation between the US and the European Union and its Member States in counter-terrorism remains vital for the security and safety of both partners;

E.   whereas mutual trust and understanding are key factors in the transatlantic dialogue and partnership;

F.   whereas following 11 September 2001, the fight against terrorism became one of the top priorities of most governments; whereas the revelations based on documents leaked by the former NSA contractor Edward Snowden put political leaders under the obligation to address the challenges of overseeing and controlling intelligence agencies in surveillance activities and assessing the impact of their activities on fundamental rights and the rule of law in a democratic society;

G.  whereas the revelations since June 2013 have caused numerous concerns within the EU as to:

   the extent of the surveillance systems revealed both in the US and in EU Member States;
   the violation of EU legal standards, fundamental rights and data protection standards;
   the degree of trust between the EU and the US as transatlantic partners;
   the degree of cooperation and involvement of certain EU Member States with US surveillance programmes or equivalent programmes at national level as unveiled by the media;
   the lack of control and effective oversight by the US political authorities and certain EU Member States over their intelligence communities;
   the possibility of these mass surveillance operations being used for reasons other than national security and the fight against terrorism in the strict sense, for example economic and industrial espionage or profiling on political grounds;
   the undermining of press freedom and of communications of members of professions with a confidentiality privilege, including lawyers and doctors;
   the respective roles and degree of involvement of intelligence agencies and private IT and telecom companies;
   the increasingly blurred boundaries between law enforcement and intelligence activities, leading to every citizen being treated as a suspect and being subject to surveillance;
   the threats to privacy in a digital era and the impact of mass surveillance on citizens and societies;

H.   whereas the unprecedented magnitude of the espionage revealed requires full investigation by the US authorities, the European institutions and Member States’ governments, national parliaments and judicial authorities;

I.   whereas the US authorities have denied some of the information revealed but have not contested the vast majority of it; whereas the public debate has developed on a large scale in the US and in certain EU Member States; whereas EU governments and parliaments too often remain silent and fail to launch adequate investigations;

J.   whereas President Obama has recently announced a reform of the NSA and its surveillance programmes;

K.   whereas in comparison to actions taken both by EU institutions and by certain EU Member States, the European Parliament has taken very seriously its obligation to shed light on the revelations on the indiscriminate practices of mass surveillance of EU citizens and, by means of its resolution of 4 July 2013 on the US National Security Agency surveillance programme, surveillance bodies in various Member States and their impact on EU citizens, instructed its Committee on Civil Liberties, Justice and Home Affairs to conduct an in-depth inquiry into the matter;

L.   whereas it is the duty of the European institutions to ensure that EU law is fully implemented for the benefit of European citizens and that the legal force of the EU Treaties is not undermined by a dismissive acceptance of extraterritorial effects of third countries’ standards or actions;

Developments in the US on reform of intelligence

M.   whereas the District Court for the District of Columbia, in its Decision of 16 December 2013, has ruled that the bulk collection of metadata by the NSA is in breach of the Fourth Amendment to the US Constitution(27) ; whereas, however the District Court for the Southern District of New York ruled in its Decision of 27 December 2013 that this collection was lawful;

N.   whereas a Decision of the District Court for the Eastern District of Michigan has ruled that the Fourth Amendment requires reasonableness in all searches, prior warrants for any reasonable search, warrants based upon prior-existing probable cause, as well as particularity as to persons, place and things and the interposition of a neutral magistrate between executive branch enforcement officers and citizens(28) ;

O.   whereas in its report of 12 December 2013, the President’s Review Group on Intelligence and Communication Technology proposes 46 recommendations to the President of the United States; whereas the recommendations stress the need simultaneously to protect national security and personal privacy and civil liberties; whereas in this regard it invites the US Government: to end bulk collection of phone records of US persons under Section 215 of the USA PATRIOT Act as soon as practicable; to undertake a thorough review of the NSA and the US intelligence legal framework in order to ensure respect for the right to privacy; to end efforts to subvert or make vulnerable commercial software (backdoors and malware); to increase the use of encryption, particularly in the case of data in transit, and not to undermine efforts to create encryption standards; to create a Public Interest Advocate to represent privacy and civil liberties before the Foreign Intelligence Surveillance Court; to confer on the Privacy and Civil Liberties Oversight Board the power to oversee Intelligence Community activities for foreign intelligence purposes, and not only for counterterrorism purposes; and to receive whistleblowers’ complaints, to use Mutual Legal Assistance Treaties to obtain electronic communications, and not to use surveillance to steal industry or trade secrets;

P.   whereas, according to an open memorandum submitted to President Obama by Former NSA Senior Executives/Veteran Intelligence Professionals for Sanity (VIPS) on 7 January 2014(29) , the massive collection of data does not enhance the ability to prevent future terrorist attacks; whereas the authors stress that mass surveillance conducted by the NSA has resulted in the prevention of zero attacks and that billions of dollars have been spent on programmes which are less effective and vastly more intrusive on citizens' privacy than an in-house technology called THINTHREAD that was created in 2001;

Q.   whereas in respect of intelligence activities concerning non-US persons under Section 702 of FISA, the Recommendations to the President of the USA recognise the fundamental principle of respect for privacy and human dignity as enshrined in Article 12 of the Universal Declaration of Human Rights and Article 17 of the International Covenant on Civil and Political Rights; whereas they do not recommend granting non-US persons the same rights and protections as US persons;

R.   whereas in his Presidential Policy Directive on Signals Intelligence Activities of 17 January 2014 and the related speech, US President Barack Obama stated that mass electronic surveillance is necessary for the United States to protect its national security, its citizens and the citizens of US allies and partners, as well as to advance its foreign policy interests; whereas this policy directive contains certain principles regarding the collection, use and sharing of signals intelligence and extends certain safeguards to non-US persons, partly providing for treatment equivalent to that enjoyed by US citizens, including safeguards for the personal information of all individuals regardless of their nationality or residence; whereas, however, President Obama did not call for any concrete proposals, particularly regarding the prohibition of mass surveillance activities and the introduction of administrative and judicial redress for non-US persons;

Legal framework

Fundamental rights

S.   whereas the report on the findings by the EU Co-Chairs of the ad hoc EU-US Working Group on data protection provides for an overview of the legal situation in the US, but has failed to establish the facts about US surveillance programmes; whereas no information has been made available about the so-called ‘second track’ Working Group, under which Member States discuss bilaterally with the US authorities matters related to national security;

T.   whereas fundamental rights, notably freedom of expression, of the press, of thought, of conscience, of religion and of association, private life, data protection, as well as the right to an effective remedy, the presumption of innocence and the right to a fair trial and non-discrimination, as enshrined in the Charter of Fundamental Rights of the European Union and in the European Convention on Human Rights, are cornerstones of democracy; whereas mass surveillance of human beings is incompatible with these cornerstones;

U.   whereas in all Member States the law protects from disclosure information communicated in confidence between lawyer and client, a principle which has been recognised by the European Court of Justice(30) ;

V.   whereas in its resolution of 23 October 2013 on organised crime, corruption and money laundering Parliament called on the Commission to submit a legislative proposal establishing an effective and comprehensive European whistleblower protection programme in order to protect EU financial interests and furthermore conduct an examination on whether such future legislation should also cover other fields of Union competence;

Union competences in the field of security

W.   whereas according to Article 67(3) TFEU the EU ‘shall endeavour to ensure a high level of security’; whereas the provisions of the Treaty (in particular Article 4(2) TEU, Article 72 TFEU and Article 73 TFEU) imply that the EU possesses certain competences on matters relating to the collective security of the Union; whereas the EU has competence in matters of internal security (Article 4(j) TFEU) and has exercised this competence by deciding on a number of legislative instruments and concluding international agreements (PNR, TFTP) aimed at fighting serious crime and terrorism, and by setting up an internal security strategy and agencies working in this field;

X.   whereas the Treaty on the Functioning of the European Union states that ‘it shall be open to Member States to organise between themselves and under their responsibility such forms of cooperation and coordination as they deem appropriate between the competent departments of their administrations responsible for safeguarding national security’ (Article 73 TFEU);

Y.   whereas Article 276 TFEU states that ‘in exercising its powers regarding the provisions of Chapters 4 and 5 of Title V of Part Three relating to the area of freedom, security and justice, the Court of Justice of the European Union shall have no jurisdiction to review the validity or proportionality of operations carried out by the police or other law enforcement services of a Member State or the exercise of the responsibilities incumbent upon Member States with regard to the maintenance of law and order and the safeguarding of internal security’;

Z.   whereas the concepts of ‘national security’, ‘internal security’, ‘internal security of the EU’ and ‘international security’ overlap; whereas the Vienna Convention on the Law of Treaties, the principle of sincere cooperation among EU Member States and the human rights law principle of interpreting any exemptions narrowly point towards a restrictive interpretation of the notion of ‘national security’ and require that Member States refrain from encroaching upon EU competences;

AA.   whereas the European Treaties confer on the European Commission the role of the ‘Guardian of the Treaties’, and it is therefore the legal responsibility of the Commission to investigate any potential breaches of EU law;

AB.   whereas, in accordance with Article 6 TEU, referring to the EU Charter of Fundamental Rights and the ECHR, Member States’ agencies and even private parties acting in the field of national security also have to respect the rights enshrined therein, be they of their own citizens or of citizens of other states;

Extraterritoriality

AC.   whereas the extraterritorial application by a third country of its laws, regulations and other legislative or executive instruments in situations falling under the jurisdiction of the EU or its Member States may impact on the established legal order and the rule of law, or even violate international or EU law, including the rights of natural and legal persons, taking into account the extent and the declared or actual aim of such an application; whereas, in these circumstances, it is necessary to take action at Union level to ensure that the EU values enshrined in Article 2 TEU, the Charter of Fundamental Rights, the ECHR referring to fundamental rights, democracy and the rule of law, and the rights of natural and legal persons as enshrined in secondary legislation applying these fundamental principles, are respected within the EU, for example by removing, neutralising, blocking or otherwise countering the effects of the foreign legislation concerned;

International transfers of data

AD.   whereas the transfer of personal data by EU institutions, bodies, offices or agencies or by the Member States to the US for law enforcement purposes in the absence of adequate safeguards and protections for the respect of the fundamental rights of EU citizens, in particular the rights to privacy and the protection of personal data, would make that EU institution, body, office or agency or that Member State liable, under Article 340 TFEU or the established case law of the CJEU(31) , for breach of EU law – which includes any violation of the fundamental rights enshrined in the EU Charter;

AE.   whereas the transfer of data is not geographically limited, and, especially in a context of increasing globalisation and worldwide communication, the EU legislator is confronted with new challenges in terms of protecting personal data and communications; whereas it is therefore of the utmost importance to foster legal frameworks on common standards;

AF.   whereas the mass collection of personal data for commercial purposes and in the fight against terror and serious transnational crime puts at risk the personal data and privacy rights of EU citizens;

Transfers to the US based on the US Safe Harbour

AG.   whereas the US data protection legal framework does not ensure an adequate level of protection for EU citizens;

AH.   whereas, in order to enable EU data controllers to transfer personal data to an entity in the US, the Commission, in its Decision 2000/520/EC, has declared the adequacy of the protection provided by the Safe Harbour privacy principles and the related FAQs issued by the US Department of Commerce for personal data transferred from the Union to organisations established in the US that have joined the Safe Harbour;

AI.   whereas in its resolution of 5 July 2000 Parliament expressed doubts and concerns as to the adequacy of the Safe Harbour, and called on the Commission to review the decision in good time, in the light of experience and of any legislative developments;

AJ.   whereas in Parliament’s working document 4 on US Surveillance activities with respect to EU data and its possible legal implications on transatlantic agreements and cooperation of 12 December 2013, the rapporteurs expressed doubts and concerns as to the adequacy of Safe Harbour and called on the Commission to repeal the decision on the adequacy of Safe Harbour and to find new legal solutions;

AK.   whereas Commission Decision 2000/520/EC stipulates that the competent authorities in Member States may exercise their existing powers to suspend data flows to an organisation that has self-certified its adherence to the Safe Harbour principles, in order to protect individuals with regard to the processing of their personal data in cases where there is a substantial likelihood that the Safe Harbour principles are being violated or that the continuing transfer would create an imminent risk of grave harm to data subjects;

AL.   whereas Commission Decision 2000/520/EC also states that where evidence has been provided that anybody responsible for ensuring compliance with the principles is not effectively fulfilling their role, the Commission must inform the US Department of Commerce and, if necessary, present measures with a view to reversing or suspending the Decision or limiting its scope;

AM.   whereas in its first two reports on the implementation of the Safe Harbour, published in 2002 and 2004, the Commission identified several deficiencies as regards the proper implementation of the Safe Harbour and made a number of recommendations to the US authorities with a view to rectifying those deficiencies;

AN.   whereas in its third implementation report, of 27 November 2013, nine years after the second report and without any of the deficiencies recognised in that report having been rectified, the Commission identified further wide-ranging weaknesses and shortcomings in the Safe Harbour and concluded that the current implementation could not be maintained; whereas the Commission has stressed that wide-ranging access by US intelligence agencies to data transferred to the US by Safe Harbour‑certified entities raises additional serious questions as to the continuity of protection of the data of EU data subjects; whereas the Commission addressed 13 recommendations to the US authorities and undertook to identify by summer 2014, together with the US authorities, remedies to be implemented as soon as possible, forming the basis for a full review of the functioning of the Safe Harbour principles;

AO.   whereas on 28-31 October 2013 a delegation of the European Parliament’s Committee on Civil Liberties, Justice and Home Affairs (LIBE Committee) met in Washington D.C. with the US Department of Commerce and the US Federal Trade Commission; whereas the Department of Commerce acknowledged the existence of organisations having self‑certified adherence to Safe Harbour Principles but clearly showing a ‘not-current status’, meaning that the company does not fulfil Safe Harbour requirements although continuing to receive personal data from the EU; whereas the Federal Trade Commission admitted that the Safe Harbour should be reviewed in order to improve it, particularly with regard to complaints and alternative dispute resolution systems;

AP.   whereas Safe Harbour Principles may be limited 'to the extent necessary to meet national security, public interest, or law enforcement requirements'; whereas, as an exception to a fundamental right, such an exception must always be interpreted restrictively and be limited to what is necessary and proportionate in a democratic society, and the law must clearly establish the conditions and safeguards to make this limitation legitimate; whereas the scope of application of such exception should have been clarified by the US and the EU, notably by the Commission, to avoid any interpretation or implementation that nullifies in substance the fundamental right to privacy and data protection, among others; whereas, consequently, such an exception should not be used in a way that undermines or nullifies the protection afforded by Charter of Fundamental Rights, the ECHR, the EU data protection law and the Safe Harbour principles; insists that if the national security exception is invoked, it must be specified under which national law;

AQ.   whereas large-scale access by US intelligence agencies has seriously eroded transatlantic trust and negatively impacted on trust as regards US organisations acting in the EU; whereas this is further exacerbated by the lack of judicial and administrative redress for EU citizens under US law, particularly in cases of surveillance activities for intelligence purposes;

Transfers to third countries with the adequacy decision

AR.   whereas according to the information revealed and to the findings of the inquiry conducted by the LIBE Committee, the national security agencies of New Zealand, Canada and Australia have been involved on a large scale in mass surveillance of electronic communications and have actively cooperated with the US under the so- called ‘Five Eyes’ programme, and may have exchanged with each other personal data of EU citizens transferred from the EU;

AS.   whereas Commission Decisions 2013/65/EU(32) and 2002/2/EC(33) have declared the levels of protection ensured by, respectively, the New Zealand Privacy Act and the Canadian Personal Information Protection and Electronic Documents Act to be adequate; whereas the aforementioned revelations also seriously affect trust in the legal systems of these countries as regards the continuity of protection afforded to EU citizens; whereas the Commission has not examined this aspect;

Transfers based on contractual clauses and other instruments

AT.   whereas Directive 95/46/EC provides that international transfers to a third country may also take place by means of specific instruments whereby the controller adduces adequate safeguards with respect to the protection of the privacy and fundamental rights and freedoms of individuals and as regards the exercise of the corresponding rights;

AU.   whereas such safeguards may in particular result from appropriate contractual clauses;

AV.   whereas Directive 95/46/EC empowers the Commission to decide that specific standard contractual clauses offer sufficient safeguards required by the Directive, and whereas on this basis the Commission has adopted three models of standard contractual clauses for transfers to controllers and processors (and sub-processors) in third countries;

AW.   whereas the Commission Decisions establishing the standard contractual clauses stipulate that the competent authorities in Member States may exercise their existing powers to suspend data flows where it is established that the law to which the data importer or a sub-processor is subject imposes upon them requirements to derogate from the applicable data protection law which go beyond the restrictions necessary in a democratic society as provided for in Article 13 of Directive 95/46/EC, where those requirements are likely to have a substantial adverse effect on the guarantees provided by the applicable data protection law and the standard contractual clauses, or where there is a substantial likelihood that the standard contractual clauses in the annex are not being or will not be complied with and the continuing transfer would create an imminent risk of grave harm to the data subjects;

AX.   whereas national data protection authorities have developed binding corporate rules (BCRs) in order to facilitate international transfers within a multinational corporation with adequate safeguards with respect to the protection of the privacy and fundamental rights and freedoms of individuals and as regards the exercise of the corresponding rights; whereas before being used, BCRs need to be authorised by the Member States’ competent authorities after the latter have assessed compliance with Union data protection law; whereas BCRs for data processors have been rejected in the LIBE Committee report on the General Data Protection Regulation, as they would leave the data controller and the data subject without any control over the jurisdiction in which their data is processed;

AY.   whereas the European Parliament, given its competence stipulated by Article 218 TFEU, has the responsibility to continuously monitor the value of international agreements it has given its consent to;

Transfers based on TFTP and PNR agreements

AZ.   whereas in its resolution of 23 October 2013 Parliament expressed serious concerns over the revelations concerning the NSA’s activities as regards direct access to financial payments messages and related data, which would constitute a clear breach of the TFTP Agreement, and in particular Article 1 thereof;

BA.   whereas terrorist finance tracking is an essential tool in the fight against terrorism financing and serious crime, allowing counterterrorism investigators to discover links between targets of investigation and other potential suspects connected with wider terrorist networks suspected of financing terrorism;

BB.   whereas Parliament asked the Commission to suspend the Agreement and requested that all relevant information and documents be made available immediately for Parliament’s deliberations; whereas the Commission has done neither;

BC.   whereas following the allegations published by the media, the Commission decided to open consultations with the US pursuant to Article 19 of the TFTP Agreement; whereas on 27 November 2013 Commissioner Malmström informed the LIBE Committee that, after meeting US authorities and in view of the replies given by the US authorities in their letters and during their meetings, the Commission had decided not to pursue the consultations on the grounds that there were no elements showing that the US Government has acted in a manner contrary to the provisions of the Agreement, and that the US has provided written assurance that no direct data collection has taken place contrary to the provisions of the TFTP agreement; whereas it is not clear whether the US authorities have circumvented the Agreement by accessing such data through other means, as indicated in the letter of 18 September 2013 from the US authorities(34) ;

BD.   whereas during its visit to Washington of 28-31 October 2013 the LIBE delegation met with the US Department of the Treasury; whereas the US Treasury stated that since the entry into force of the TFTP Agreement it had not had access to data from SWIFT in the EU except within the framework of the TFTP; whereas the US Treasury refused to comment on whether SWIFT data would have been accessed outside TFTP by any other US government body or department or whether the US administration was aware of NSA mass surveillance activities; whereas on 18 December 2013 Mr Glenn Greenwald stated before the inquiry held by the LIBE Committee that the NSA and GCHQ had targeted SWIFT networks;

BE.   whereas the Belgian and Netherlands data protection authorities decided on 13 November 2013 to conduct a joint investigation into the security of SWIFT’s payment networks in order to ascertain whether third parties could gain unauthorised or unlawful access to European citizens’ bank data(35) ;

BF.   whereas according to the Joint Review of the EU-US PNR agreement, the US Department of Homeland Security (DHS) made 23 disclosures of PNR data to the NSA on a case-by-case basis in support of counterterrorism cases, in a manner consistent with the specific terms of the Agreement;

BG.   whereas the Joint Review fails to mention the fact that in the case of processing of personal data for intelligence purposes, under US law, non-US citizens do not enjoy any judicial or administrative avenue to protect their rights, and constitutional protections are only granted to US persons; whereas this lack of judicial or administrative rights nullifies the protections for EU citizens laid down in the existing PNR agreement;

Transfers based on the EU-US Mutual Legal Assistance Agreement in criminal matters

BH.   whereas the EU-US Agreement on mutual legal assistance in criminal matters of 6 June 2003(36) entered into force on 1 February 2010 and is intended to facilitate cooperation between the EU and the US to combat crime in a more effective way, having due regard for the rights of individuals and the rule of law;

Framework agreement on data protection in the field of police and judicial cooperation (‘umbrella agreement’)

BI.   whereas the purpose of this general agreement is to establish the legal framework for all transfers of personal data between the EU and US for the sole purposes of preventing, investigating, detecting or prosecuting criminal offences, including terrorism, in the framework of police and judicial cooperation in criminal matters; whereas negotiations were authorised by the Council on 2 December 2010; whereas this agreement is of the utmost importance and would act as the basis to facilitate data transfer in the context of police and judicial cooperation and in criminal matters;

BJ.   whereas this agreement should provide for clear and precise and legally binding data-processing principles, and should in particular recognise EU citizens' right to judicial access to and rectification and erasure of their personal data in the US, as well as the right to an efficient administrative and judicial redress mechanism for EU citizens in the US and independent oversight of the data-processing activities;

BK.   whereas in its communication of 27 November 2013 the Commission indicated that the ‘umbrella agreement’ should result in a high level of protection for citizens on both sides of the Atlantic and should strengthen the trust of Europeans in EU-US data exchanges, providing a basis on which to develop EU-US security cooperation and partnership further;

BL.   whereas negotiations on the agreement have not progressed because of the US Government’s persistent position of refusing recognition of effective rights of administrative and judicial redress to EU citizens and because of the intention of providing broad derogations to the data protection principles contained in the agreement, such as purpose limitation, data retention or onward transfers either domestically or abroad;

Data protection reform

BM.   whereas the EU data protection legal framework is currently being reviewed in order to establish a comprehensive, consistent, modern and robust system for all data-processing activities in the Union; whereas in January 2012 the Commission presented a package of legislative proposals: a General Data Protection Regulation(37) , which will replace Directive 95/46/EC and establish a uniform law throughout the EU, and a Directive(38) which will lay down a harmonised framework for all data processing activities by law enforcement authorities for law enforcement purposes and will reduce the current divergences among national laws;

BN.   whereas on 21 October 2013 the LIBE Committee adopted its legislative reports on the two proposals and a decision on the opening of negotiations with the Council with a view to having the legal instruments adopted during this legislative term;

BO.   whereas, although the European Council of 24/25 October 2013 called for the timely adoption of a strong EU General Data Protection framework in order to foster the trust of citizens and businesses in the digital economy, after two years of deliberations the Council has still been unable to arrive at a general approach on the General Data Protection Regulation and the Directive(39) ;

IT security and cloud computing

BP.   whereas Parliament’s abovementioned resolution of 10 December 2013 emphasises the economic potential of ‘cloud computing’ business for growth and employment; whereas the overall economic value of the cloud market is forecast to be worth USD 207 billion a year by 2016, or twice its value in 2012;

BQ.   whereas the level of data protection in a cloud computing environment must not be inferior to that required in any other data-processing context; whereas Union data protection law, since it is technologically neutral, already applies fully to cloud computing services operating in the EU;

BR.   whereas mass surveillance activities give intelligence agencies access to personal data stored or otherwise processed by EU individuals under cloud services agreements with major US cloud providers; whereas the US intelligence authorities have accessed personal data stored or otherwise processed in servers located on EU soil by tapping into the internal networks of Yahoo and Google; whereas such activities constitute a violation of international obligations and of European fundamental rights standards including the right to private and family life, the confidentiality of communications, the presumption of innocence, freedom of expression, freedom of information, freedom of assembly and association and the freedom to conduct business; whereas it is not excluded that information stored in cloud services by Member States’ public authorities or undertakings and institutions has also been accessed by intelligence authorities;

BS.   whereas US intelligence agencies have a policy of systematically undermining cryptographic protocols and products in order to be able to intercept even encrypted communication; whereas the US National Security Agency has collected vast numbers of so called ‘zero-day exploits’ – IT security vulnerabilities that are not yet known to the public or the product vendor; whereas such activities massively undermine global efforts to improve IT security;

BT.   whereas the fact that intelligence agencies have accessed personal data of users of online services has severely distorted the trust of citizens in such services, and therefore has an adverse effect on businesses investing in the development of new services using ‘Big Data’ and new applications such as the ‘Internet of Things’;

BU.   whereas IT vendors often deliver products that have not been properly tested for IT security or that even sometimes have backdoors implanted purposefully by the vendor; whereas the lack of liability rules for software vendors has led to such a situation, which is in turn exploited by intelligence agencies but also leaves open the risk of attacks by other entities;

BV.   whereas it is essential for companies providing such new services and applications to respect the data protection rules and privacy of the data subjects whose data are collected, processed and analysed, in order to maintain a high level of trust among citizens;

Democratic oversight of intelligence services

BW.   whereas intelligence services in democratic societies are given special powers and capabilities to protect fundamental rights, democracy and the rule of law, citizens' rights and the State against internal and external threats, and are subject to democratic accountability and judicial oversight; whereas they are given special powers and capabilities only to this end; whereas these powers should be used within the legal limits imposed by fundamental rights, democracy and the rule of law and their application should be strictly scrutinised, as otherwise they lose legitimacy and risk undermining democracy;

BX.   whereas the fact that a certain level of secrecy is conceded to intelligence services in order to avoid endangering ongoing operations, revealing modi operandi or putting at risk the lives of agents, such secrecy cannot override or exclude rules on democratic and judicial scrutiny and examination of their activities, as well as on transparency, notably in relation to the respect of fundamental rights and the rule of law, all of which are cornerstones in a democratic society;

BY.   whereas most of the existing national oversight mechanisms and bodies were set up or revamped in the 1990s and have not necessarily been adapted to the rapid political and technological developments over the last decade that have led to increased international intelligence cooperation, also through the large scale exchange of personal data, and often blurring the line between intelligence and law enforcement activities;

BZ.   whereas democratic oversight of intelligence activities is still only conducted at national level, despite the increase in exchange of information between EU Member States and between Member States and third countries; whereas there is an increasing gap between the level of international cooperation on the one hand and oversight capacities limited to the national level on the other, which results in insufficient and ineffective democratic scrutiny;

CA.   whereas national oversight bodies often do not have full access to intelligence received from a foreign intelligence agency, which can lead to gaps in which international information exchanges can take place without adequate review; whereas this problem is further aggravated by the so-called ‘third party rule’ or the principle of ‘originator control’, which has been designed to enable originators to maintain control over the further dissemination of their sensitive information, but is unfortunately often interpreted as applying also to the recipient services' oversight;

CB.   whereas private and public transparency reform initiatives are key to ensuring public trust in the activities of intelligence agencies; whereas legal systems should not prevent companies from disclosing to the public information about how they handle all types of government requests and court orders for access to user data, including the possibility of disclosing aggregate information on the number of requests and orders approved and rejected;

Main findings

1.   Considers that recent revelations in the press by whistleblowers and journalists, together with the expert evidence given during this inquiry, admissions by authorities, and the insufficient response to these allegations, have resulted in compelling evidence of the existence of far-reaching, complex and highly technologically advanced systems designed by US and some Member States' intelligence services to collect, store and analyse communication data, including content data, location data and metadata of all citizens around the world, on an unprecedented scale and in an indiscriminate and non-suspicion-based manner;

2.   Points specifically to US NSA intelligence programmes allowing for the mass surveillance of EU citizens through direct access to the central servers of leading US internet companies (PRISM programme), the analysis of content and metadata (Xkeyscore programme), the circumvention of online encryption (BULLRUN), access to computer and telephone networks, and access to location data, as well as to systems of the UK intelligence agency GCHQ such as the upstream surveillance activity (Tempora programme), the decryption programme (Edgehill), the targeted ‘man-in-the-middle attacks’ on information systems (Quantumtheory and Foxacid programmes) and the collection and retention of 200 million text messages per day (Dishfire programme);

3.   Notes the allegations of ‘hacking’ or tapping into the Belgacom systems by the UK intelligence agency GCHQ; notes the statements by Belgacom that it could neither confirm nor deny that EU institutions were targeted or affected, and that the malware used was extremely complex and its development and use would require extensive financial and staffing resources that would not be available to private entities or hackers;

4.   Emphasises that trust has been profoundly shaken: trust between the two transatlantic partners, trust between citizens and their governments, trust in the functioning of democratic institutions on both sides of the Atlantic, trust in the respect of the rule of law, and trust in the security of IT services and communication; believes that in order to rebuild trust in all these dimensions, an immediate and comprehensive response plan comprising a series of actions which are subject to public scrutiny is needed;

5.   Notes that several governments claim that these mass surveillance programmes are necessary to combat terrorism; strongly denounces terrorism, but strongly believes that the fight against terrorism can never be a justification for untargeted, secret, or even illegal mass surveillance programmes; takes the view that such programmes are incompatible with the principles of necessity and proportionality in a democratic society;

6.   Recalls the EU's firm belief in the need to strike the right balance between security measures and the protection of civil liberties and fundamental rights, while ensuring the utmost respect for privacy and data protection;

7.   Considers that data collection of such magnitude leaves considerable doubts as to whether these actions are guided only by the fight against terrorism, since it involves the collection of all possible data of all citizens; points, therefore, to the possible existence of other purposes including political and economic espionage, which need to be comprehensively dispelled;

8.   Questions the compatibility of some Member States’ massive economic espionage activities with the EU internal market and competition law as enshrined in Titles I and VII of the Treaty on the Functioning of the European Union; reaffirms the principle of sincere cooperation as enshrined in Article 4(3) of the Treaty on European Union, as well as the principle that Member States shall ‘refrain from any measures which could jeopardise the attainment of the Union’s objectives’;

9.   Notes that international treaties and EU and US legislation, as well as national oversight mechanisms, have failed to provide for the necessary checks and balances or for democratic accountability;

10.   Condemns the vast and systemic blanket collection of the personal data of innocent people, often including intimate personal information; emphasises that the systems of indiscriminate mass surveillance by intelligence services constitute a serious interference with the fundamental rights of citizens; stresses that privacy is not a luxury right, but is the foundation stone of a free and democratic society; points out, furthermore, that mass surveillance has potentially severe effects on freedom of the press, thought and speech and on freedom of assembly and of association, as well as entailing a significant potential for abusive use of the information gathered against political adversaries; emphasises that these mass surveillance activities also entail illegal actions by intelligence services and raise questions regarding the extraterritoriality of national laws;

11.   Considers it crucial that the professional confidentiality privilege of lawyers, journalists, doctors and other regulated professions is safeguarded against mass surveillance activities; stresses, in particular, that any uncertainty about the confidentiality of communications between lawyers and their clients could negatively impact on EU citizens' right of access to legal advice and access to justice and the right to a fair trial;

12.   Sees the surveillance programmes as yet another step towards the establishment of a fully-fledged preventive state, changing the established paradigm of criminal law in democratic societies whereby any interference with suspects' fundamental rights has to be authorised by a judge or prosecutor on the basis of a reasonable suspicion and must be regulated by law, promoting instead a mix of law enforcement and intelligence activities with blurred and weakened legal safeguards, often not in line with democratic checks and balances and fundamental rights, especially the presumption of innocence; recalls in this regard the decision of the German Federal Constitutional Court(40) on the prohibition of the use of preventive dragnets (‘präventive Rasterfahndung’) unless there is proof of a concrete danger to other high-ranking legally protected rights, whereby a general threat situation or international tensions do not suffice to justify such measures;

13.   Is convinced that secret laws and courts violate the rule of law; points out that any judgment of a court or tribunal and any decision of an administrative authority of a non-EU state authorising, directly or indirectly, the transfer of personal data, may not be recognised or enforced in any manner unless there is a mutual legal assistance treaty or an international agreement in force between the requesting third country and the Union or a Member State and a prior authorisation by the competent supervisory authority; recalls that any judgment of a secret court or tribunal and any decision of an administrative authority of a non-EU state secretly authorising, directly or indirectly, surveillance activities shall not be recognised or enforced;

14.   Points out that the abovementioned concerns are exacerbated by rapid technological and societal developments, since internet and mobile devices are everywhere in modern daily life (‘ubiquitous computing’) and the business model of most internet companies is based on the processing of personal data; considers that the scale of this problem is unprecedented; notes that this may create a situation where infrastructure for the mass collection and processing of data could be misused in cases of change of political regime;

15.   Notes that there is no guarantee, either for EU public institutions or for citizens, that their IT security or privacy can be protected from attacks by well-equipped intruders (‘no 100 % IT security’); notes that in order to achieve maximum IT security, Europeans need to be willing to dedicate sufficient resources, both human and financial, to preserving Europe’s independence and self-reliance in the field of IT;

16.   Strongly rejects the notion that all issues related to mass surveillance programmes are purely a matter of national security and therefore the sole competence of Member States; reiterates that Member States must fully respect EU law and the ECHR while acting to ensure their national security; recalls a recent ruling of the Court of Justice according to which ‘although it is for Member States to take the appropriate measures to ensure their internal and external security, the mere fact that a decision concerns State security cannot result in European Union law being inapplicable’(41) ; recalls further that the protection of the privacy of all EU citizens is at stake, as are the security and reliability of all EU communication networks; believes, therefore, that discussion and action at EU level are not only legitimate, but also a matter of EU autonomy;

17.   Commends the institutions and experts who have contributed to this Inquiry; deplores the fact that several Member States’ authorities have declined to cooperate with the inquiry the European Parliament has been conducting on behalf of citizens; welcomes the openness of several Members of Congress and of national parliaments;

18.   Is aware that in such a limited timeframe it has been possible to conduct only a preliminary investigation of all the issues at stake since July 2013; recognises both the scale of the revelations involved and their ongoing nature; adopts, therefore, a forward-planning approach consisting in a set of specific proposals and a mechanism for follow-up action in the next parliamentary term, ensuring the findings remain high on the EU political agenda;

19.   Intends to request strong political undertakings from the new Commission which will be designated after the May 2014 European elections to the effect that it will implement the proposals and recommendations of this Inquiry;

Recommendations

20.   Calls on the US authorities and the EU Member States, where this is not yet the case, to prohibit blanket mass surveillance activities;

21.   Calls on the EU Member States, and in particular those participating in the so-called ‘9-eyes’ and ‘14-eyes’ programmes(42) , to comprehensively evaluate, and revise where necessary, their national legislation and practices governing the activities of the intelligence services so as to ensure that they are subject to parliamentary and judicial oversight and public scrutiny, that they respect the principles of legality, necessity, proportionality, due process, user notification and transparency, including by reference to the UN compilation of good practices and the recommendations of the Venice Commission, and that they are in line with the standards of the European Convention on Human Rights and comply with Member States' fundamental rights obligations, in particular as regards data protection, privacy, and the presumption of innocence;

22.   Calls on all EU Member States and in particular, with regard to its Resolution of 4 July 2013 and Inquiry Hearings, the United Kingdom, France, Germany, Sweden, the Netherlands and Poland to ensure that their current or future legislative frameworks and oversight mechanisms governing the activities of intelligence agencies are in line with the standards of the European Convention on Human Rights and European Union data protection legislation; calls on these Member States to clarify the allegations of mass surveillance activities, including mass surveillance of cross border telecommunications, untargeted surveillance on cable-bound communications, potential agreements between intelligence services and telecommunication companies as regards access and exchange of personal data and access to transatlantic cables, US intelligence personnel and equipment on EU territory without oversight on surveillance operations, and their compatibility with EU legislation; invites the national parliaments of those countries to intensify cooperation of their intelligence oversight bodies at European level;

23.   Calls on the United Kingdom, in particular, given the extensive media reports referring to mass surveillance by the intelligence service GCHQ, to revise its current legal framework, which is made up of a 'complex interaction' between three separate pieces of legislation – the Human Rights Act 1998, the Intelligence Services Act 1994 and the Regulation of Investigatory Powers Act 2000;

24.   Takes note of the review of the Dutch Intelligence and Security Act 2002 (report by the Dessens Commission of 2 December 2013); supports those recommendations of the review commission which aim to strengthen the transparency, control and oversight of the Dutch intelligence services; calls on the Netherlands to refrain from extending the powers of the intelligence services in such a way as to enable untargeted and large-scale surveillance also to be performed on cable-bound communications of innocent citizens, especially given the fact that one of the biggest Internet Exchange Points in the world is located in Amsterdam (AMS-IX); calls for caution in defining the mandate and capabilities of the new Joint Sigint Cyber Unit, as well as for caution regarding the presence and operation of US intelligence personnel on Dutch territory;

25.   Calls on the Member States, including when represented by their intelligence agencies, to refrain from accepting data from third states which have been collected unlawfully and from allowing surveillance activities on their territory by third states’ governments or agencies which are unlawful under national law or do not meet the legal safeguards enshrined in international or EU instruments, including the protection of human rights under the TEU, the ECHR and the EU Charter of Fundamental Rights;

26.   Calls for the termination of mass interception and processing of webcam imagery by any secret service; calls upon the Member States to fully investigate whether, how and to what extent their respective secret services have been involved in the collection and processing of webcam images, and to delete all stored images collected through such mass surveillance programmes;

27.   Calls on the Member States immediately to fulfil their positive obligation under the European Convention on Human Rights to protect their citizens from surveillance contrary to its requirements, including when the aim thereof is to safeguard national security, undertaken by third states or by their own intelligence services, and to ensure that the rule of law is not weakened as a result of extraterritorial application of a third country's law;

28.   Invites the Secretary-General of the Council of Europe to launch the Article 52 procedure according to which ‘on receipt of a request from the Secretary-General of the Council of Europe any High Contracting Party shall furnish an explanation of the manner in which its internal law ensures the effective implementation of any of the provisions of the Convention’;

29.   Calls on Member States to take appropriate action immediately, including court action, against the breach of their sovereignty, and thereby the violation of general public international law, perpetrated through the mass surveillance programmes; calls further on Member States to make use of all available international measures to defend EU citizens’ fundamental rights, notably by triggering the inter-state complaint procedure under Article 41 of the International Covenant on Civil and Political Rights (ICCPR);

30.   Calls upon the Member States to establish effective mechanisms whereby those responsible for (mass) surveillance programmes that are in violation of the rule of law and the fundamental rights of citizens are held accountable for this abuse of power;

31.   Calls on the US to revise its legislation without delay in order to bring it into line with international law, to recognise the privacy and other rights of EU citizens, to provide for judicial redress for EU citizens, to put rights of EU citizens on an equal footing with rights of US citizens, and to sign the Optional Protocol allowing for complaints by individuals under the ICCPR;

32.   Welcomes, in this regard, the remarks made and the Presidential Policy Directive issued by US President Obama on 17 January 2014, as a step towards limiting authorisation of the use of surveillance and data processing to national security purposes and towards equal treatment of all individuals' personal information, regardless of their nationality or residence, by the US intelligence community; awaits, however, in the context of the EU-US relationship, further specific steps which will, most importantly, strengthen trust in transatlantic data transfers and provide for binding guarantees for enforceable privacy rights of EU citizens, as outlined in detail in this report;

33.   Stresses its serious concerns in relation to the work within the Council of Europe's Cybercrime Convention Committee on the interpretation of Article 32 of the Convention on Cybercrime of 23 November 2001 (Budapest Convention) on transborder access to stored computer data with consent or where publicly available, and opposes any conclusion of an additional protocol or guidance intended to broaden the scope of this provision beyond the current regime established by this Convention, which is already a major exception to the principle of territoriality because it could result in unfettered remote access by law enforcement authorities to servers and computers located in other jurisdictions without recourse to MLA agreements and other instruments of judicial cooperation put in place to guarantee the fundamental rights of the individual, including data protection and due process, and in particular Council of Europe Convention 108;

34.   Calls on the Commission to carry out, before July 2014, an assessment of the applicability of Regulation (EC) No 2271/96 to cases of conflict of laws on transfers of personal data;

35.   Calls on the Fundamental Rights Agency to undertake in-depth research on the protection of fundamental rights in the context of surveillance, and in particular on the current legal situation of EU citizens with regard to the judicial remedies available to them in relation to those practices;

International transfers of data

US data protection legal framework and US Safe Harbour

36.   Notes that the companies identified by media revelations as being involved in the large-scale mass surveillance of EU data subjects by the US NSA are companies that have self-certified their adherence to the Safe Harbour, and that the Safe Harbour is the legal instrument used for the transfer of EU personal data to the US (examples being Google, Microsoft, Yahoo!, Facebook, Apple and LinkedIn); expresses its concerns that these organisations have not encrypted information and communications flowing between their data centres, thereby enabling intelligence services to intercept information; welcomes the subsequent statements by some US companies that they will accelerate plans to implement encryption of data flows between their global data centres;

37.   Considers that large-scale access by US intelligence agencies to EU personal data processed by Safe Harbour does not meet the criteria for derogation under ‘national security’;

38.   Takes the view that, as under the current circumstances the Safe Harbour principles do not provide adequate protection for EU citizens, these transfers should be carried out under other instruments, such as contractual clauses or BCRs, provided these instruments set out specific safeguards and protections and are not circumvented by other legal frameworks;

39.   Takes the view that the Commission has failed to act to remedy the well-known deficiencies of the current implementation of Safe Harbour;

40.   Calls on the Commission to present measures providing for the immediate suspension of Commission Decision 2000/520/EC, which declared the adequacy of the Safe Harbour privacy principles, and of the related FAQs issued by the US Department of Commerce; calls on the US authorities, therefore, to put forward a proposal for a new framework for transfers of personal data from the EU to the US which meets Union law data protection requirements and provides for the required adequate level of protection;

41.   Calls on Member States’ competent authorities, in particular the data protection authorities, to make use of their existing powers and immediately suspend data flows to any organisation that has self-certified its adherence to the US Safe Harbour Principles, and to require that such data flows are only carried out under other instruments and provided they contain the necessary safeguards and guarantees with respect to the protection of the privacy and fundamental rights and freedoms of individuals;

42.   Calls on the Commission to present, by December 2014, a comprehensive assessment of the US privacy framework covering commercial, law enforcement and intelligence activities, and concrete recommendations based on the absence of a general data protection law in the US; encourages the Commission to engage with the US administration in order to establish a legal framework providing for a high level of protection of individuals with regard to the protection of their personal data when transferred to the US and ensure the equivalence of EU and US privacy frameworks;

Transfers to other third countries with adequacy decision

43.   Recalls that Directive 95/46/EC stipulates that transfers of personal data to a third country may take place only if, without prejudice to compliance with the national provisions adopted pursuant to the other provisions of the Directive, the third country in question ensures an adequate level of protection, the purpose of this provision being to ensure the continuity of the protection afforded by EU data protection law where personal data are transferred outside the EU;

44.   Recalls that Directive 95/46/EC also provides that the adequacy of the level of protection afforded by a third country is to be assessed in the light of all the circumstances surrounding a data transfer operation or set of such operations; recalls likewise that the said Directive also equips the Commission with implementing powers to declare that a third country ensures an adequate level of protection in the light of the criteria laid down by Directive 95/46/EC; recalls that Directive 95/46/EC also empowers the Commission to declare that a third country does not ensure an adequate level of protection;

45.   Recalls that in the latter case Member States must take the measures necessary to prevent any transfer of data of the same type to the third country in question, and that the Commission should enter into negotiations with a view to remedying the situation;

46.   Calls on the Commission and the Member States to assess without delay whether the adequate level of protection of the New Zealand Privacy Act and of the Canadian Personal Information Protection and Electronic Documents Act, as declared by Commission Decisions 2013/65/EU and 2002/2/EC, has been affected by the involvement of those countries’ national intelligence agencies in the mass surveillance of EU citizens, and, if necessary, to take appropriate measures to suspend or reverse the adequacy decisions; also calls on the Commission to assess the situation for other countries that have received an adequacy rating; expects the Commission to report to Parliament on its findings on the above-mentioned countries by December 2014 at the latest;

Transfers based on contractual clauses and other instruments

47.   Recalls that national data protection authorities have indicated that neither standard contractual clauses nor BCRs were formulated with situations of access to personal data for mass surveillance purposes in mind, and that such access would not be in line with the derogation clauses of the contractual clauses or BCRs which refer to exceptional derogations for a legitimate interest in a democratic society and where necessary and proportionate;

48.   Calls on the Member States to prohibit or suspend data flows to third countries based on the standard contractual clauses, contractual clauses or BCRs authorised by the national competent authorities where it is likely that the law to which data recipients are subject imposes requirements on them which go beyond the restrictions that are strictly necessary, adequate and proportionate in a democratic society and are likely to have an adverse effect on the guarantees provided by the applicable data protection law and the standard contractual clauses, or because continuing transfer would create a risk of grave harm to the data subjects;

49.   Calls on the Article 29 Working Party to issue guidelines and recommendations on the safeguards and protections that contractual instruments for international transfers of EU personal data should contain in order to ensure the protection of the privacy, fundamental rights and freedoms of individuals, taking particular account of the third‑country laws on intelligence and national security and the involvement of the companies receiving the data in a third country in mass surveillance activities by a third country’s intelligence agencies;

50.   Calls on the Commission to examine without delay the standard contractual clauses it has established in order to assess whether they provide the necessary protection as regards access to personal data transferred under the clauses for intelligence purposes and, if appropriate, to review them;

Transfers based on the Mutual Legal Assistance Agreement

51.   Calls on the Commission to conduct, before the end of 2014, an in-depth assessment of the existing Mutual Legal Assistance Agreement, pursuant to its Article 17, in order to verify its practical implementation and, in particular, whether the US has made effective use of it for obtaining information or evidence in the EU and whether the Agreement has been circumvented to acquire the information directly in the EU, and to assess the impact on the fundamental rights of individuals; such an assessment should not only refer to US official statements as a sufficient basis for the analysis but also be based on specific EU evaluations; this in-depth review should also address the consequences of the application of the Union’s constitutional architecture to this instrument in order to bring it into line with Union law, taking account in particular of Protocol 36 and Article 10 thereof and Declaration 50 concerning this protocol; calls on the Council and Commission also to assess bilateral agreements between Member States and the US so as to ensure that they are consistent with the agreements that the EU follows or decides to follow with the US;

EU mutual assistance in criminal matters

52.   Asks the Council and Commission to inform Parliament about the actual use by Member States of the Convention on Mutual Assistance in Criminal Matters between the Member States, in particular its Title III on interception of telecommunications; calls on the Commission to put forward a proposal, in accordance with Declaration 50, concerning Protocol 36, as requested, before the end of 2014 in order to adapt it to the Lisbon Treaty framework;

Transfers based on the TFTP and PNR agreements

53.   Takes the view that the information provided by the European Commission and the US Treasury does not clarify whether US intelligence agencies have access to SWIFT financial messages in the EU by intercepting SWIFT networks or banks’ operating systems or communication networks, alone or in cooperation with EU national intelligence agencies and without having recourse to existing bilateral channels for mutual legal assistance and judicial cooperation;

54.   Reiterates its resolution of 23 October 2013 and asks the Commission for the suspension of the TFTP Agreement;

55.   Calls on the Commission to react to concerns that three of the major computerised reservation systems used by airlines worldwide are based in the US and that PNR data are saved in cloud systems operating on US soil under US law, which lacks data protection adequacy;

Framework agreement on data protection in the field of police and judicial cooperation (‘Umbrella Agreement’)

56.   Considers that a satisfactory solution under the ‘Umbrella agreement’ is a precondition for the full restoration of trust between the transatlantic partners;

57.   Asks for an immediate resumption of the negotiations with the US on the 'Umbrella Agreement', which should put rights for EU citizens on an equal footing with rights for US citizens; stresses that, moreover, this agreement should provide effective and enforceable administrative and judicial remedies for all EU citizens in the US without any discrimination;

58.   Asks the Commission and Council not to initiate any new sectorial agreements or arrangements for the transfer of personal data for law enforcement purposes with the US as long as the 'Umbrella Agreement' has not entered into force;

59.   Urges the Commission to report in detail on the various points of the negotiating mandate and the latest state of play by April 2014;

Data protection reform

60.   Calls on the Council Presidency and the Member States to accelerate their work on the whole Data Protection Package to allow for its adoption in 2014, so that EU citizens will be able to enjoy a high level of data protection in the very near future; stresses that strong engagement and full support on the part of the Council are a necessary condition to demonstrate credibility and assertiveness towards third countries;

61.   Stresses that both the Data Protection Regulation and the Data Protection Directive are necessary to protect the fundamental rights of individuals, and that the two must therefore be treated as a package to be adopted simultaneously, in order to ensure that all data-processing activities in the EU provide a high level of protection in all circumstances; stresses that it will only adopt further law enforcement cooperation measures once the Council has entered into negotiations with Parliament and the Commission on the Data Protection Package;

62.   Recalls that the concepts of 'privacy by design' and 'privacy by default' are a strengthening of data protection and should have the status of guidelines for all products, services and systems offered on the internet;

63.   Considers higher transparency and safety standards for online and telecommunication as a necessary principle with a view to a better data protection regime; calls, therefore, on the Commission to put forward a legislative proposal on standardised general terms and conditions for online and telecommunications services, and to mandate a supervisory body to monitor compliance with the general terms and conditions;

Cloud computing

64.   Notes that trust in US cloud computing and cloud providers has been negatively affected by the above-mentioned practices; emphasises, therefore, the development of European clouds and IT solutions as an essential element for growth and employment and for trust in cloud computing services and providers, as well as for ensuring a high level of personal data protection;

65.   Calls on all public bodies in the Union not to use cloud services where non-EU laws might apply;

66.   Reiterates its serious concern regarding the compulsory direct disclosure of EU personal data and information processed under cloud agreements to third-country authorities by cloud providers subject to third-country laws or using storage servers located in third countries, as also regarding direct remote access to personal data and information processed by third-country law enforcement authorities and intelligence services;

67.   Deplores the fact that such access is usually attained by means of direct enforcement by third-country authorities of their own legal rules, without recourse to international instruments established for legal cooperation such as mutual legal assistance (MLA) agreements or other forms of judicial cooperation;

68.   Calls on the Commission and the Member States to speed up the work of establishing a European Cloud Partnership while fully including civil society and the technical community, such as the Internet Engineering Task Force (IETF), and incorporating data protection aspects;

69.   Urges the Commission, when negotiating international agreements that involve the processing of personal data, to take particular note of the risks and challenges that cloud computing poses to fundamental rights, in particular – but not exclusively – the right to private life and to the protection of personal data, as enshrined in Articles 7 and 8 of the Charter of Fundamental Rights of the European Union; urges the Commission, furthermore, to take note of the negotiating partner's domestic rules governing the access of law enforcement and intelligence agencies to personal data processed through cloud computing services, in particular by demanding that such access be granted only if there is full respect for due process of law and on an unambiguous legal basis, as well as the requirement that the exact conditions of access, the purpose of gaining such access, the security measures put in place when handing over data and the rights of the individual, as well as the rules for supervision and for an effective redress mechanism, be specified;

70.   Recalls that all companies providing services in the EU must, without exception, comply with EU law and are liable for any breaches, and underlines the importance of having effective, proportionate and dissuasive administrative sanctions in place that can be imposed on 'cloud computing' service providers who do not comply with EU data protection standards;

71.   Calls on the Commission and the competent authorities of the Member States to evaluate the extent to which EU rules on privacy and data protection have been violated through the cooperation of EU legal entities with secret services or through the acceptance of court warrants of third-country authorities requesting personal data of EU citizens contrary to EU data protection legislation;

72.   Calls on businesses providing new services using ‘Big Data’ and new applications such as the ‘Internet of Things’ to build in data protection measures already at the development stage, in order to maintain a high level of trust among citizens;

Transatlantic Trade and Investment Partnership Agreement (TTIP)

73.   Recognises that the EU and the US are pursuing negotiations for a Transatlantic Trade and Investment Partnership, which is of major strategic importance for creating further economic growth;

74.   Strongly emphasises, given the importance of the digital economy in the relationship and in the cause of rebuilding EU-US trust, that the consent of the European Parliament to the final TTIP agreement could be endangered as long as the blanket mass surveillance activities and the interception of communications in EU institutions and diplomatic representations are not completely abandoned and an adequate solution is found for the data privacy rights of EU citizens, including administrative and judicial redress; stresses that Parliament may only consent to the final TTIP agreement provided the agreement fully respects, inter alia, the fundamental rights recognised by the EU Charter, and provided the protection of the privacy of individuals in relation to the processing and dissemination of personal data remain governed by Article XIV of the GATS; stresses that EU data protection legislation cannot be deemed an ‘arbitrary or unjustifiable discrimination’ in the application of Article XIV of the GATS;

Democratic oversight of intelligence services

75.   Stresses that, despite the fact that oversight of intelligence services’ activities should be based on both democratic legitimacy (strong legal framework, ex ante authorisation and ex post verification) and adequate technical capability and expertise, the majority of current EU and US oversight bodies dramatically lack both, in particular the technical capabilities;

76.   Calls, as it did in the case of Echelon, on all national parliaments which have not yet done so to install meaningful oversight of intelligence activities by parliamentarians or expert bodies with legal powers to investigate; calls on the national parliaments to ensure that such oversight committees/bodies have sufficient resources, technical expertise and legal means, including the right to conduct on-site visits, to be able to effectively control intelligence services;

77.   Calls for the setting up of a Group of Members and experts to examine, in a transparent manner and in collaboration with national parliaments, recommendations for enhanced democratic oversight, including parliamentary oversight, of intelligence services and increased oversight collaboration in the EU, in particular as regards its cross-border dimension; considers that the group should examine, in particular, the possibility of minimum European standards or guidelines for the (ex ante and ex post) oversight of intelligence services on the basis of existing best practices and recommendations by international bodies (UN, Council of Europe), including the issue of oversight bodies being considered as a third party under the ‘third party rule’, or the principle of ‘originator control’, on the oversight and accountability of intelligence from foreign countries, criteria on enhanced transparency, built on the general principle of access to information and the so-called ‘Tshwane Principles’(43) , as well as principles regarding the limits on the duration and scope of any surveillance ensuring that they are proportionate and limited to its purpose;

78.   Calls on this Group to prepare a report for and to assist in the preparation of a conference to be held by Parliament with national oversight bodies, whether parliamentary or independent, by the beginning of 2015;

79.   Calls on the Member States to draw on best practices so as to improve access by their oversight bodies to information on intelligence activities (including classified information and information from other services) and establish the power to conduct on-site visits, a robust set of powers of interrogation, adequate resources and technical expertise, strict independence vis-à-vis their respective governments, and a reporting obligation to their respective parliaments;

80.   Calls on the Member States to develop cooperation among oversight bodies, in particular within the European Network of National Intelligence Reviewers (ENNIR);

81.   Urges the HR/VP to regularly account for the activities of the EU Intelligence Analysis Centre (IntCen), which is part of the European External Action Service, to the responsible bodies of Parliament, including its full compliance with fundamental rights and applicable EU data privacy rules, allowing for improved oversight by Parliament of the external dimension of EU policies; urges the Commission and the HR/VP to present a proposal for a legal basis for the activities of IntCen, should any operations or future competences in the area of intelligence or data collection facilities of its own be envisaged which may have an impact on the EU’s internal security strategy;

82.   Calls on the Commission to present, by December 2014, a proposal for an EU security clearance procedure for all EU office holders, as the current system, which relies on the security clearance undertaken by the Member State of citizenship, provides for different requirements and lengths of procedures within national systems, thus leading to differing treatment of Members of Parliament and their staff depending on their nationality;

83.   Recalls the provisions of the interinstitutional agreement between the European Parliament and the Council concerning the forwarding to and handling by Parliament of classified information held by the Council on matters other than those in the area of the common foreign and security policy, which should be used to improve oversight at EU level;

EU agencies

84.   Calls on the Europol Joint Supervisory Body, together with national data protection authorities, to conduct a joint inspection before the end of 2014 in order to ascertain whether information and personal data shared with Europol have been lawfully acquired by national authorities, particularly if the information or data were initially acquired by intelligence services in the EU or a third country, and whether appropriate measures are in place to prevent the use and further dissemination of such information or data; considers that Europol should not process any information or data which were obtained in violation of fundamental rights which would be protected under the Charter of Fundamental Rights;

85.   Calls on Europol to make full use of its mandate to request the competent authorities of the Member States to initiate criminal investigations with regards to major cyberattacks and IT breaches with potential cross-border impact; believes that Europol's mandate should be enhanced in order to allow it to initiate its own investigation following suspicion of a malicious attack on the network and information systems of two or more Member States or Union bodies(44) ; calls on the Commission to review the activities of Europol's European Cybercrime Centre (EC3) and, if necessary, put forward a proposal for a comprehensive framework for strengthening its competences;

Freedom of expression

86.   Expresses its deep concern at the mounting threats to the freedom of the press and the chilling effect on journalists of intimidation by state authorities, in particular as regards the protection of confidentiality of journalistic sources; reiterates the calls expressed in its resolution of 21 May 2013 on ‘the EU Charter: standard settings for media freedom across the EU’;

87.   Takes note of the detention of David Miranda and the seizure of the material in his possession by the UK authorities under Schedule 7 of the Terrorism Act 2000 (and also the request made to the Guardian newspaper to destroy or hand over the material) and expresses its concern that this constitutes a possible serious interference with the right of freedom of expression and media freedom as recognised by Article 10 of the ECHR and Article 11 of the EU Charter and that legislation intended to fight terrorism could be misused in such instances;

88.   Draws attention to the plight of whistleblowers and their supporters, including journalists following their revelations; calls on the Commission to conduct an examination as to whether a future legislative proposal establishing an effective and comprehensive European whistleblower protection programme, as already requested in Parliament’s resolution of 23 October 2013, should also include other fields of Union competence, with particular attention to the complexity of whistleblowing in the field of intelligence; calls on the Member States to thoroughly examine the possibility of granting whistleblowers international protection from prosecution;

89.   Calls on the Member States to ensure that their legislation, notably in the field of national security, provides a safe alternative to silence for disclosing or reporting of wrongdoing, including corruption, criminal offences, breaches of legal obligation, miscarriages of justice and abuse of authority, which is also in line with the provisions of different international (UN and Council of Europe) instruments against corruption, the principles laid out in the PACE Resolution 1729 (2010), the Tshwane principles, etc.;

EU IT security

90.   Points out that recent incidents clearly demonstrate the acute vulnerability of the EU, and in particular the EU institutions, national governments and parliaments, major European companies, European IT infrastructures and networks, to sophisticated attacks using complex software and malware; notes that these attacks require financial and human resources on a scale such that they are likely to originate from state entities acting on behalf of foreign governments; in this context, regards the case of the hacking or tapping of the telecommunications company Belgacom as a worrying example of an attack on the EU’s IT capacity; underlines that boosting EU IT capacity and security also reduces the vulnerability of the EU towards serious cyberattacks originating from large criminal organisations or terrorist groups;

91.   Takes the view that the mass surveillance revelations that have initiated this crisis can be used as an opportunity for Europe to take the initiative and build up, as a strategic priority measure, a strong and autonomous IT key-resource capability; stresses that in order to regain trust, such a European IT capability should be based, as much as possible, on open standards and open-source software and if possible hardware, making the whole supply chain from processor design to application layer transparent and reviewable; points out that in order to regain competitiveness in the strategic sector of IT services, a ‘digital new deal’ is needed, with joint and large-scale efforts by EU institutions, Member States, research institutions, industry and civil society; calls on the Commission and the Member States to use public procurement as leverage to support such resource capability in the EU by making EU security and privacy standards a key requirement in the public procurement of IT goods and services; urges the Commission, therefore, to review the current public procurement practices with regard to data processing in order to consider restricting tender procedures to certified companies, and possibly to EU companies, where security or other vital interests are involved;

92.   Strongly condemns the fact that intelligence services sought to lower IT security standards and to install backdoors in a wide range of IT systems; asks the Commission to present draft legislation to ban the use of backdoors by law enforcement agencies; recommends, consequently, the use of open-source software in all environments where IT security is a concern;

93.   Calls on all the Member States, the Commission, the Council and the European Council to give their fullest support, including through funding in the field of research and development, to the development of European innovative and technological capability in IT tools, companies and providers (hardware, software, services and network), including for purposes of cybersecurity and encryption and cryptographic capabilities; calls on all responsible EU institutions and Member States to invest in EU local and independent technologies, and to develop massively and increase detection capabilities;

94.   Calls on the Commission, standardisation bodies and ENISA to develop, by December 2014, minimum security and privacy standards and guidelines for IT systems, networks and services, including cloud computing services, in order to better protect EU citizens' personal data and the integrity of all IT systems; believes that such standards could become the benchmark for new global standards and should be set in an open and democratic process, rather than being driven by a single country, entity or multinational company; takes the view that, while legitimate law enforcement and intelligence concerns need to be taken into account in order to support the fight against terrorism, they should not lead to a general undermining of the dependability of all IT systems; expresses support for the recent decisions by the Internet Engineering Task Force (IETF) to include governments in the threat model for internet security;

95.   Points out that EU and national telecom regulators, and in certain cases also telecom companies, have clearly neglected the IT security of their users and clients; calls on the Commission to make full use of its existing powers under the ePrivacy and Telecommunication Framework Directive to strengthen the protection of confidentiality of communication by adopting measures to ensure that terminal equipment is compatible with the right of users to control and protect their personal data, and to ensure a high level of security of telecommunication networks and services, including by way of requiring state-of-the-art end-to-end encryption of communications;

96.   Supports the EU cyber strategy, but considers that it does not cover all possible threats and should be extended to cover malicious state behaviour; underlines the need for more robust IT security and resilience of IT systems;

97.   Calls on the Commission, by January 2015 at the latest, to present an Action Plan to develop greater EU independence in the IT sector, including a more coherent approach to boosting European IT technological capabilities (including IT systems, equipment, services, cloud computing, encryption and anonymisation) and to the protection of critical IT infrastructure (including in terms of ownership and vulnerability);

98.   Calls on the Commission, in the framework of the next Work Programme of the Horizon 2020 Programme, to direct more resources towards boosting European research, development, innovation and training in the field of IT, in particular privacy-enhancing technologies and infrastructures, cryptology, secure computing, the best possible security solutions including open-source security, and other information society services, and also to promote the internal market in European software, hardware, and encrypted means of communication and communication infrastructures, including by developing a comprehensive EU industrial strategy for the IT industry; considers that small and medium enterprises play a particular role in research; stresses that no EU funding should be granted to projects having the sole purpose of developing tools for gaining illegal access into IT systems;

99.   Asks the Commission to map out current responsibilities and to review, by December 2014 at the latest, the need for a broader mandate, better coordination and/or additional resources and technical capabilities for ENISA, Europol’s Cyber Crime Centre and other Union centres of specialised expertise, CERT-EU and the EDPS, in order to enable them to play a key role in securing European communication systems, be more effective in preventing and investigating major IT breaches in the EU and performing (or assisting Member States and EU bodies to perform) on-site technical investigations regarding major IT breaches; in particular, calls on the Commission to consider strengthening ENISA's role in defending the internal systems within the EU institutions and to establish within ENISA's structure a Computer Emergency Response Team (CERT) for the EU and its Member States;

100.   Requests the Commission to assess the need for an EU IT Academy that brings together the best independent European and international experts in all related fields, tasked with providing all relevant EU institutions and bodies with scientific advice on IT technologies, including security-related strategies;

101.  Calls on the competent services of the Secretariat of the European Parliament, under the responsibility of the President of Parliament, to carry out, by June 2015 at the latest with an intermediate report by December 2014 at the latest, a thorough review and assessment of Parliament’s IT security dependability, focused on: budgetary means, staff resources, technical capabilities, internal organisation and all relevant elements, in order to achieve a high level of security for Parliament’s IT systems; believes that such an assessment should at the least provide information, analysis and recommendations on:

   the need for regular, rigorous and independent security audits and penetration tests, with the selection of outside security experts ensuring transparency and guarantees of their credentials vis-à-vis third countries or any types of vested interest;
   the inclusion in tender procedures for new IT systems of best-practice specific IT security/privacy requirements, including the possibility of a requirement for open-source software as a condition of purchase or a requirement that trusted European companies should take part in the tender when sensitive, security-related areas are concerned;
   the list of companies under contract with Parliament in the IT and telecom fields, taking into account any information that has come to light about their cooperation with intelligence agencies (such as revelations about NSA contracts with a company such as RSA, whose products Parliament is using to supposedly protect remote access to their data by its Members and staff), including the feasibility of providing the same services by other, preferably European, companies;
   the reliability and resilience of the software, and especially off-the-shelf commercial software, used by the EU institutions in their IT systems with regard to penetrations and intrusions by EU or third-country law enforcement and intelligence authorities, taking also into account relevant international standards, best-practice security risk management principles, and adherence to EU Network Information Security standards on security breaches;
   the use of more open-source systems;
   steps and measures to take in order to address the increased use of mobile tools (e.g. smartphones, tablets, whether professional or personal) and its effects on the IT security of the system;
   the security of the communications between the different workplaces of the Parliament and of the IT systems used in Parliament;
   the use and location of servers and IT centres for Parliament’s IT systems and the implications for the security and integrity of the systems;
   the implementation in reality of the existing rules on security breaches and prompt notification of the competent authorities by the providers of publicly available telecommunication networks;
   the use of cloud computing and storage services by Parliament, including the nature of the data stored in the cloud, how the content and access to it is protected and where the cloud-servers are located, clarifying the applicable data protection and intelligence legal framework, as well as assessing the possibilities of solely using cloud servers that are based on EU territory;
   a plan allowing for the use of more cryptographic technologies, in particular end-to-end authenticated encryption for all IT and communications services such as cloud computing, email, instant messaging and telephony;
   the use of electronic signatures in email;
   a plan for using a default encryption standard, such as the GNU Privacy Guard, for emails that would at the same time allow for the use of digital signatures;
   the possibility of setting up a secure instant messaging service within Parliament allowing secure communication, with the server only seeing encrypted content;

102.   Calls for all the EU institutions and agencies to perform a similar exercise in cooperation with ENISA, Europol and the CERTs, by June 2015 at the latest with an intermediate report by December 2014, in particular the European Council, the Council, the European External Action Service (including EU delegations), the Commission, the Court of Justice and the European Central Bank; invites the Member States to conduct similar assessments;

103.   Stresses that as far as the external action of the EU is concerned, assessments of related budgetary needs should be carried out and first measures taken without delay in the case of the European External Action Service (EEAS) and that appropriate funds need to be allocated in the 2015 draft budget;

104.   Takes the view that the large-scale IT systems used in the area of freedom, security and justice, such as the Schengen Information System II, the Visa Information System, Eurodac and possible future systems such as EU-ESTA, should be developed and operated in such a way as to ensure that data are not compromised as a result of requests by authorities from third countries; asks eu-LISA to report back to Parliament on the reliability of the systems in place by the end of 2014;

105.   Calls on the Commission and the EEAS to take action at the international level, with the UN in particular, and in cooperation with interested partners to implement an EU strategy for democratic governance of the internet in order to prevent undue influence over ICANN’s and IANA’s activities by any individual entity, company or country by ensuring appropriate representation of all interested parties in these bodies, while avoiding the facilitation of state control or censorship or the balkanisation and fragmentation of the internet;

106.   Calls for the EU to take the lead in reshaping the architecture and governance of the internet in order to address the risks related to data flows and storage, striving for more data minimisation and transparency and less centralised mass storage of raw data, as well as for rerouting of Internet traffic or full end-to-end encryption of all Internet traffic so as to avoid the current risks associated with unnecessary routing of traffic through the territory of countries that do not meet basic standards on fundamental rights, data protection and privacy;

107.  Calls for the promotion of:

   EU search engines and EU social networks as a valuable step in the direction of IT independence for the EU;
   European IT service providers;
   encrypting communication in general, including email and SMS communication;
   European IT key elements, for instance solutions for client-server operating systems, using open-source standards, developing European elements for grid coupling, e.g. routers;

108.   Calls on the Commission to present a legal proposal for an EU routing system including the processing of call detail records (CDRs) at EU level that will be a substructure of the existing internet and will not extend beyond EU borders; notes that all routing data and CDRs should be processed in accordance with EU legal frameworks;

109.   Calls on the Member States, in cooperation with ENISA, Europol's CyberCrime Centre, CERTs and national data protection authorities and cybercrime units, to develop a culture of security and to launch an education and awareness-raising campaign in order to enable citizens to make a more informed choice regarding what personal data to put on-line and how better to protect them, including through encryption and safe cloud computing, making full use of the public interest information platform provided for in the Universal Service Directive;

110.   Calls on the Commission, by December 2014, to put forward legislative proposals to encourage software and hardware manufacturers to introduce more security and privacy by design and by default features in their products, including by introducing disincentives for the undue and disproportionate collection of mass personal data and legal liability on the part of manufacturers for unpatched known vulnerabilities, faulty or insecure products or the installation of secret backdoors enabling unauthorised access to and processing of data; in this respect, calls on the Commission to evaluate the possibility of setting up a certification or validation scheme for IT hardware including testing procedures at EU level to ensure the integrity and security of the products;

Rebuilding trust

111.   Believes that, beyond the need for legislative change, the inquiry has shown the need for the US to restore trust with its EU partners, as it is the US intelligence agencies’ activities that are primarily at stake;

112.  Points out that the crisis of confidence generated extends to:

   the spirit of cooperation within the EU, as some national intelligence activities may jeopardise the attainment of the Union’s objectives;
   citizens, who realise that not only third countries or multinational companies but also their own government may be spying on them;
   respect for fundamental rights, democracy and the rule of law, as well as the credibility of democratic, judicial and parliamentary safeguards and oversight in a digital society;

Between the EU and the US

113.   Recalls the important historical and strategic partnership between the EU Member States and the US, based on a common belief in democracy, the rule of law and fundamental rights;

114.   Believes that the mass surveillance of citizens and the spying on political leaders by the US have caused serious damage to relations between the EU and the US and negatively impacted on trust in US organisations acting in the EU; this is further exacerbated by the lack of judicial and administrative remedies for redress under US law for EU citizens, particularly in cases of surveillance activities for intelligence purposes;

115.   Recognises, in light of the global challenges facing the EU and the US, that the transatlantic partnership needs to be further strengthened, and that it is vital that transatlantic cooperation in counter-terrorism continues on a new basis of trust based on true common respect for the rule of law and the rejection of all indiscriminate practices of mass surveillance; insists, therefore, that clear measures need to be taken by the US to re-establish trust and re-emphasise the shared basic values underlying the partnership;

116.   Is ready to engage in a dialogue with US counterparts so that, in the ongoing American public and congressional debate on reforming surveillance and reviewing intelligence oversight, the right to privacy and other rights of EU citizens, residents or other persons protected by EU law and equivalent information rights and privacy protection in US courts, including legal redress, are guaranteed through, for example, a revision of the Privacy Act and the Electronic Communications Privacy Act and by ratifying the First Optional Protocol to the International Covenant on Civil and Political Rights (ICCPR), so that the current discrimination is not perpetuated;

117.   Insists that necessary reforms be undertaken and effective guarantees be given to Europeans to ensure that the use of surveillance and data processing for foreign intelligence purposes is proportional, limited by clearly specified conditions, and related to reasonable suspicion and probable cause of terrorist activity; stresses that this purpose must be subject to transparent judicial oversight;

118.   Considers that clear political signals are needed from our American partners to demonstrate that the US distinguishes between allies and adversaries;

119.   Urges the Commission and the US Administration to address, in the context of the ongoing negotiations on an EU-US Umbrella Agreement on data transfer for law enforcement purposes, the information and judicial redress rights of EU citizens, and to conclude these negotiations, in line with the commitment made at the EU-US Justice and Home Affairs Ministerial Meeting of 18 November 2013, before summer 2014;

120.   Encourages the US to accede to the Council of Europe’s Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data (Convention 108), as it acceded to the 2001 Convention on Cybercrime, thus strengthening the shared legal basis between the transatlantic allies;

121.   Calls on the EU institutions to explore the possibilities for establishing with the US a code of conduct which would guarantee that no US espionage is pursued against EU institutions and facilities;

Within the European Union

122.   Also believes that the involvement and activities of EU Member States have led to a loss of trust, including among Member States and between EU citizens and their national authorities; is of the opinion that only full clarity as to purposes and means of surveillance, public debate and, ultimately, revision of legislation, including an end to mass surveillance activities and strengthening the system of judicial and parliamentary oversight, will it be possible to re-establish the trust lost; reiterates the difficulties involved in developing comprehensive EU security policies with such mass surveillance activities in operation, and stresses that the EU principle of sincere cooperation requires that Member States refrain from conducting intelligence activities in other Member States' territory;

123.   Notes that some Member States are pursuing bilateral communication with the US authorities on spying allegations, and that some of them have concluded (the UK) or envisage concluding (Germany, France) so-called ‘anti-spying’ arrangements; stresses that these Member States need to observe fully the interests and the legislative framework of the EU as a whole; deems such bilateral arrangements to be counterproductive and irrelevant, given the need for a European approach to this problem; asks the Council to inform Parliament on developments by Member States on an EU-wide mutual no-spy arrangement;

124.   Considers that such arrangements should not breach the Union Treaties, especially the principle of sincere cooperation (under Article 4(3) TEU), or undermine EU policies in general and, more specifically, the internal market, fair competition, and economic, industrial and social development; decides to review any such arrangements for their compatibility with European law, and reserves the right to activate Treaty procedures in the event of such arrangements being proven to contradict the Union's cohesion or the fundamental principles on which it is based;

125.   Calls on the Member States to make every effort to ensure better cooperation with a view to providing safeguards against espionage, in cooperation with the relevant EU bodies and agencies, for the protection of EU citizens and institutions, European companies, EU industry, and IT infrastructure and networks, as well as European research; considers the active involvement of EU stakeholders to be a precondition for an effective exchange of information; points out that security threats have become more international, diffuse and complex, thereby requiring an enhanced European cooperation; believes that this development should be better reflected in the Treaties, and therefore calls for a revision of the Treaties in order to reinforce the notion of sincere cooperation between the Member States and the Union as regards the objective of achieving an area of security and to prevent mutual espionage between Member States within the Union;

126.   Considers tap-proof communication structures (email and telecommunications, including landlines and cell phones) and tap-proof meeting rooms within all relevant EU institutions and EU delegations to be absolutely necessary; therefore calls for the establishment of an encrypted internal EU email system;

127.   Calls on the Council and Commission to consent without further delay to the proposal adopted by the European Parliament on 23 May 2012 for a regulation of the European Parliament on the detailed provisions governing the exercise of the European Parliament's right of inquiry and repealing Decision 95/167/EC, Euratom, ECSC of the European Parliament, the Council and the Commission presented on the basis of Article 226 TFEU; calls for a revision of the Treaty in order to extend such inquiry powers to cover, without restrictions or exceptions, all fields of Union competence or activity and to include the possibility of questioning under oath;

Internationally

128.   Calls on the Commission to present, by January 2015 at the latest, an EU strategy for democratic governance of the internet;

129.   Calls on the Member States to follow the call of the 35th International Conference of Data Protection and Privacy Commissioners ‘to advocate the adoption of an additional protocol to Article17 of the International Covenant on Civil and Political Rights (ICCPR), which should be based on the standards that have been developed and endorsed by the International Conference and the provisions in the Human Rights Committee General Comment No 16 to the Covenant in order to create globally applicable standards for data protection and the protection of privacy in accordance with the rule of law’; calls on the Member States to include in this exercise a call for an international UN agency to be in charge of, in particular, monitoring the emergence of surveillance tools and regulating and investigating their uses; asks the High Representative/Vice-President of the Commission and the European External Action Service to take a proactive stance;

130.   Calls on the Member States to develop a coherent and strong strategy within the UN, supporting in particular the resolution on ‘the right to privacy in the digital age’ initiated by Brazil and Germany, as adopted by the Third Committee of the UN General Assembly Committee (Human Rights Committee) on 27 November 2013, as well as taking further action for the defence of the fundamental right to privacy and data protection at an international level while avoiding any facilitation of state control or censorship or the fragmentation of the internet, including an initiative for an international treaty prohibiting mass surveillance activities and an agency for its oversight;

Priority Plan: A European Digital Habeas Corpus - protecting fundamental rights in a digital age

131.   Decides to submit to EU citizens, institutions and Member States the above-mentioned recommendations as a Priority Plan for the next legislature; calls on the Commission and the other EU institutions, bodies, offices and agencies referred to in this resolution, in accordance with Article 265 TFEU, to act upon the recommendations and calls as contained in this resolution;

132.  Decides to launch ‘A European Digital Habeas Corpus - protecting fundamental rights in a digital age’ with the following 8 actions, the implementation of which it will oversee:

   Action 1: Adopt the Data Protection Package in 2014;
   Action 2: Conclude the EU-US Umbrella Agreement guaranteeing the fundamental right of citizens to privacy and data protection and ensuring proper redress mechanisms for EU citizens, including in the event of data transfers from the EU to the US for law enforcement purposes;
   Action 3: Suspend Safe Harbour until a full review has been conducted and current loopholes are remedied, making sure that transfers of personal data for commercial purposes from the Union to the US can only take place in compliance with the highest EU standards;
   Action 4: Suspend the TFTP agreement until: (i) the Umbrella Agreement negotiations have been concluded; (ii) a thorough investigation has been concluded on the basis of an EU analysis and all concerns raised by Parliament in its resolution of 23 October 2013 have been properly addressed;
   Action 5: Evaluate any agreement, mechanism or exchange with third countries involving personal data in order to ensure that the right to privacy and to the protection of personal data is not violated due to surveillance activities, and take necessary follow-up actions;
   Action 6: Protect the rule of law and the fundamental rights of EU citizens, (including from threats to the freedom of the press), the right of the public to receive impartial information and professional confidentiality (including lawyer-client relations), as well as ensuring enhanced protection for whistleblowers;
   Action 7: Develop a European strategy for greater IT independence (a ‘digital new deal’ including the allocation of adequate resources at national and EU level) in order to boost IT industry and allow European companies to exploit the EU privacy competitive advantage;
   Action 8: Develop the EU as a reference player for a democratic and neutral governance of the internet;

133.  Calls on the EU institutions and the Member States to promote the ‘European Digital Habeas Corpus’ protecting fundamental rights in a digital age; undertakes to act as the EU citizens rights advocate, with the following timetable to monitor implementation:

   April 2014-March 2015: a monitoring group based on the LIBE inquiry team responsible for monitoring any new revelations concerning the inquiry's mandate and scrutinising the implementation of this resolution;
   July 2014 onwards: a standing oversight mechanism for data transfers and judicial remedies within the competent committee;
   Spring 2014: a formal call on the European Council to include the ‘European Digital Habeas Corpus - protecting fundamental rights in a digital age’ in the guidelines to be adopted under Article 68 TFEU;
   Autumn 2014: a commitment that the ‘European Digital Habeas Corpus - protecting fundamental rights in a digital age’ and related recommendations will serve as key criteria for the approval of the next Commission;
   2014: a conference bringing together high-level European experts in the various fields conducive to IT security (including mathematics, cryptography and privacy-enhancing technologies) to help foster an EU IT strategy for the next legislative term;
   2014-2015: a Trust/Data/Citizens’ Rights group to be convened on a regular basis between the European Parliament and the US Congress, as well as with other committed third-country parliaments, including that of Brazil;
   2014-2015: a conference with the intelligence oversight bodies of European national parliaments;

o
o   o

134.   Instructs its President to forward this resolution to the European Council, the Council, the Commission, the parliaments and governments of the Member States, the national data protection authorities, the EDPS, eu-LISA, ENISA, the Fundamental Rights Agency, the Article 29 Working Party, the Council of Europe, the Congress of the United States of America, the US Administration, the President, Government and Parliament of the Federative Republic of Brazil, and the UN Secretary‑General;

135.   Instructs its Committee on Civil Liberties, Justice and Home Affairs to address Parliament in plenary on the matter a year after the adoption of this resolution; considers it essential to assess the extent to which the recommendations adopted by Parliament have been followed and to analyse any instances where such recommendations have not been followed.

(1) http://www.un.org/en/documents/udhr/
(2) http://daccess-dds-ny.un.org/doc/UNDOC/GEN/G10/134/10/PDF/G1013410.pdf?OpenElement
(3) http://www.ohchr.org/Documents/HRBodies/HRCouncil/RegularSession/Session23/A.HRC.23.40_EN.pdf
(4) http://www.venice.coe.int/webforms/documents/CDL-AD(2007)016.aspx
(5) La Fédération Internationale des Ligues des Droits de l’Homme and La Ligue française pour la défense des droits de l’Homme et du Citoyen v. X; Tribunal de Grande Instance of Paris.
(6) Cases by Privacy International and Liberty in the Investigatory Powers Tribunal.
(7) Joint Application Under Article 34 of Big Brother Watch, Open Rights Group, English PEN and Dr Constanze Kurz (applicants) v. United Kingdom (respondent).
(8) OJ C 197, 12.7.2000, p. 1.
(9) OJ C 121, 24.4.2001, p. 152.
(10) http://ec.europa.eu/justice/policies/privacy/docs/wpdocs/2000/wp32en.pdf
(11) OJ L 204, 4.8.2007, p. 18.
(12) OJ L 215, 11.8.2012, p. 5.
(13) SEC(2013)0630 , 27.11.2013.
(14) Opinion of Advocate General Cruz Villalón, 12 December 2013, Case C-293/12.
(15) OJ L 195, 27.7.2010, p. 3.
(16) OJ L 181, 19.7.2003, p. 34.
(17) OJ L 309, 29.11.1996, p. 1.
(18) Council document 16987/2013.
(19) OJ C 72 E, 21.3.2002, p. 221.
(20) OJ C 16 E, 22.1.2004, p. 88.
(21) Texts adopted, P7_TA(2013)0203 .
(22) Texts adopted, P7_TA(2013)0322 .
(23) Texts adopted, P7_TA(2013)0444 .
(24) Texts adopted, P7_TA(2013)0449 .
(25) Texts adopted, P7_TA(2013)0535 .
(26) OJ C 353 E, 3.12.2013, p. 156.
(27) Klayman et al. v Obama et al., Civil Action No 13-0851, 16 December 2013.
(28) ACLU v. NSA No 06-CV-10204, 17 August 2006.
(29) http://consortiumnews.com/2014/01/07/nsa-insiders-reveal-what-went-wrong.
(30) Judgement of 18 May 1982 in Case C-155/79, AM & S Europe Limited v Commission of the European Communities.
(31) See notably Joined Cases C-6/90 and C-9/90, Francovich and others v. Italy, judgment of 19 November 1991.
(32) OJ L 28, 30.1.2013, p. 12.
(33) OJ L 2, 4.1.2002, p. 13.
(34) The letter states that ‘the US government seeks and obtains financial information ... [which] is collected through regulatory, law enforcement, diplomatic and intelligence channels, as well as through exchanges with foreign partners’ and that ‘the US Government is using the TFTP to obtain SWIFT data that we do not obtain from other sources’.
(35) http://www.privacycommission.be/fr/news/les-instances-europ%C3%A9ennes-charg%C3%A9es-de-contr%C3%B4ler-le-respect-de-la-vie-priv%C3%A9e-examinent-la
(36) OJ L 181, 19.7.2003, p. 25.
(37) COM(2012)0011 , 25.1.2012.
(38) COM(2012)0010 , 25.1.2012.
(39) http://www.consilium.europa.eu/uedocs/cms_data/docs/pressdata/en/ec/139197.pdf
(40) No 1 BvR 518/02 of 4 April 2006.
(41) Judgement in Case C-300/11, ZZ v Secretary of State for the Home Department, 4 June 2013.
(42) The ‘9-eyes programme’ comprises the US, the UK, Canada, Australia, New Zealand, Denmark, France, Norway and the Netherlands; the ‘14-eyes programme’ includes those countries and also Germany, Belgium, Italy, Spain and Sweden.
(43) The Global Principles on National Security and the Right to Information, June 2013.
(44) European Parliament position of 25 February 2014 on the proposal for a regulation of the European Parliament and of the Council on the European Union Agency for Law Enforcement Cooperation and Training (Europol) (Texts adopted, P7_TA(2014)0121 ).


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