REPORT 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 and repealing Council Directive 2006/23/EC
19.12.2008 - (COM(2008)0390 – C6‑0251/2008 – 2008/0128(COD)) - ***I
Committee on Transport and Tourism
Rapporteur: Marian-Jean Marinescu
DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION
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 and repealing Council Directive 2006/23/EC
(COM(2008)0390 – C6‑0251/2008 – 2008/0128(COD))
(Codecision procedure: first reading)
The European Parliament,
– having regard to the Commission proposal to the European Parliament and the Council (COM(2008)0390),
– having regard to Article 251(2) and Article 80(2) of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6‑0251/2008),
– having regard to Rule 51 of its Rules of Procedure,
– having regard to the report of the Committee on Transport and Tourism (A6‑0515/2008),
1. Approves the Commission proposal as amended;
2. Calls on the Commission to refer the matter to Parliament again if it intends to amend the proposal substantially or replace it with another text;
3. Instructs its President to forward its position to the Council and Commission.
Amendment 1 Proposal for a regulation – amending act Recital 2 a (new) | ||||||||||||||||||||||
Text proposed by the Commission |
Amendment | |||||||||||||||||||||
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(2a) In this respect, the Agency should play a more active part in investigating air accidents, especially when there are casualties. In such cases, the national authorities should also have the passenger lists at their disposal before the commencement of the flight so that the families of victims of air accidents can be informed, without prejudice to Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data1. | |||||||||||||||||||||
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1 OJ L 281, 23.11.1995, p. 31. | |||||||||||||||||||||
Justification | ||||||||||||||||||||||
The European Aviation Safety Agency is extending its powers in all areas relating to aviation safety for the sake of efficiency and transparency, and its active involvement in investigating some of the accidents which have occurred within the Community has been useful. To increase efficiency and transparency, there is an immediate need for as much information as possible, particularly the lists of passenger on board. | ||||||||||||||||||||||
Amendment 2 Proposal for a regulation – amending act Recital 3 | ||||||||||||||||||||||
Text proposed by the Commission |
Amendment | |||||||||||||||||||||
(3) The achievements of the Single European Sky initiative need to be complemented by the harmonized safety element to be applied to aerodromes and ATM/ANS. |
(3) The achievements of the Single European Sky initiative need to be complemented by the harmonized safety element to be applied to aerodromes and ATM/ANS. It is therefore essential to ensure that the safety regulatory framework is developed in parallel with the increase in airspace capacity and ATM/ANS performance as well as with the deployment of new technologies in this field. | |||||||||||||||||||||
Justification | ||||||||||||||||||||||
The contents and the entering into force of the extension of the EASA Basic Regulation should be linked with the other regulatory measures of the Single Sky package. This aim should be emphasised in a Recital. | ||||||||||||||||||||||
Amendment 3 Proposal for a regulation – amending act Recital 9 | ||||||||||||||||||||||
Text proposed by the Commission |
Amendment | |||||||||||||||||||||
(9) It is a general objective that the transfer of functions and tasks from the Member States, including those resulting from their cooperation through the Safety Regulation Commission of Eurocontrol, to the Agency should be done efficiently, without any reduction in the current high levels of safety, and without any negative impact on certification schedules. Appropriate measures should be adopted to provide for the necessary transition. |
(9) It is a general objective that the transfer of functions and tasks from the Member States, including those resulting from their cooperation through the Safety Regulation Commission of Eurocontrol, to the Agency should be done efficiently, without any reduction in the current high levels of safety, and without any negative impact on certification schedules. Appropriate measures should be adopted to provide for the necessary transition. The Agency should have sufficient resources for its new responsibilities, and the timing of the allocation of these resources should be based on a defined need and schedule for the adoption and the respective applicability of the related implementing rules. | |||||||||||||||||||||
Justification | ||||||||||||||||||||||
The Agency must have sufficient resources in order to be able to accomplish to the necessary high standards the tasks foreseen under the extension of its competence to cover safety regulation of aerodromes, ATM and ANS. | ||||||||||||||||||||||
Amendment 4 Proposal for a regulation – amending act Article 1 – point 1 Regulation (EC) No 216/2008 Article 1 – paragraph 2 – point b | ||||||||||||||||||||||
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Justification | ||||||||||||||||||||||
Aerodromes that are used mainly for recreational and sports flying should not be covered by this Regulation. | ||||||||||||||||||||||
Amendment 5 Proposal for a regulation – amending act Article 1 – point 2 – point c Regulation (EC) No 216/2008 Article 3 – point s a (new) | ||||||||||||||||||||||
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Justification | ||||||||||||||||||||||
The definition is necessary in order to ensure support clarifications throughout the text. | ||||||||||||||||||||||
Amendment 6 Proposal for a regulation – amending act Article 1 – point 3 Regulation (EC) No 216/2008 Article 4 – paragraph 3a | ||||||||||||||||||||||
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Amendment 7 Proposal for a regulation – amending act Article 1 – point 7 Regulation (EC) No 216/2008 Article 8a – paragraph 2 – point b – subpoint iii a (new) | ||||||||||||||||||||||
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Justification | ||||||||||||||||||||||
The certificate mentioned in Article 8, paragraph 2 c), should on no account call into question or seek to replace existing approvals for airports. It can at best be issued as a form of 'top-up' measure. The principles of protecting existing work and legitimate expectations must be observed. | ||||||||||||||||||||||
Amendment 8 Proposal for a regulation – amending act Article 1 – point 7 Regulation (EC) No 216/2008 Article 8a – paragraph 2 – subparagraph 1 a (new) | ||||||||||||||||||||||
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Justification | ||||||||||||||||||||||
Clarifies the competencies of various institutions implicated in the certification processes. | ||||||||||||||||||||||
Amendment 9 Proposal for a regulation – amending act Article 1 – point 7 Regulation (EC) No 216/2008 Article 8b – paragraph 5 a (new) | ||||||||||||||||||||||
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Justification | ||||||||||||||||||||||
Ensures consistency with the Single European Sky Regulations. | ||||||||||||||||||||||
Amendment 10 Proposal for a regulation – amending act Article 1 – point 7 Regulation (EC) No 216/2008 Article 8c – paragraph 9 a (new) | ||||||||||||||||||||||
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Justification | ||||||||||||||||||||||
To ensure consistency throughout the text. | ||||||||||||||||||||||
Amendment 11 Proposal for a regulation – amending act Article 1 – point 7 Regulation (EC) No 216/2008 Article 8d – paragraph 1 | ||||||||||||||||||||||
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Justification | ||||||||||||||||||||||
The proposed amendment ensures proportionality already at the level of the basic Regulation by entrusting accredited bodies with certification tasks in all domains as necessary. | ||||||||||||||||||||||
Amendment 12 Proposal for a regulation – amending act Article 1 – point 7 Regulation (EC) No 216/2008 Article 8d – paragraph 2 a (new) | ||||||||||||||||||||||
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Justification | ||||||||||||||||||||||
The proposed amendment ensures proportionality already at the level of the basic Regulation by entrusting accredited bodies with certification tasks in all domains as necessary. | ||||||||||||||||||||||
Amendment 13 Proposal for a regulation – amending act Article 1 – point 7 Regulation (EC) No 216/2008 Article 8d – paragraph 2 b (new) | ||||||||||||||||||||||
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Justification | ||||||||||||||||||||||
The proposed amendment ensures proportionality already at the level of the basic Regulation by entrusting accredited bodies with certification tasks in all domains as necessary. | ||||||||||||||||||||||
Amendment 14 Proposal for a regulation – amending act Article 1 – point 7 Regulation (EC) No 216/2008 Article 8d – paragraph 2 c (new) | ||||||||||||||||||||||
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Justification | ||||||||||||||||||||||
The proposed amendment ensures proportionality already at the level of the basic Regulation by entrusting accredited bodies with certification tasks in all domains as necessary. | ||||||||||||||||||||||
Amendment 15 Proposal for a regulation – amending act Article 1 – point 10 a (new) Regulation (EC) No 216/2008 Article 13 – paragraph 1 a (new) | ||||||||||||||||||||||
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Justification | ||||||||||||||||||||||
Clarifies the legislative text in respect with the competencies of qualified entities. | ||||||||||||||||||||||
Amendment 16 Proposal for a regulation – amending act Article 1 – point 11 Regulation (EC) No 216/2008 Article 18 – point (d) | ||||||||||||||||||||||
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Justification | ||||||||||||||||||||||
EASA should have the possibility to grant temporary exemptions under specified conditions. | ||||||||||||||||||||||
Amendment 17 Proposal for a regulation – amending act Article 1 – point 12 a (new) Regulation (EC) No 216/2008 Article 19 – subparagraphs 2 a and 2 b (new) | ||||||||||||||||||||||
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Justification | ||||||||||||||||||||||
This amendment ensures consistency within the regulatory framework and provides for a sufficient period of time for transition and adaptation. | ||||||||||||||||||||||
Amendment 18 Proposal for a regulation – amending act Article 1 – point 13 Regulation (EC) No 216/2008 Article 22a – point c | ||||||||||||||||||||||
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Justification | ||||||||||||||||||||||
This wording makes it clearer that this only relates to certificates already issued by the EASA for organisations located outside the territory subject to the provisions of the Treaty and corresponds to the wording of Article 21, paragraph 1c), of the Regulation. | ||||||||||||||||||||||
Amendment 19 Proposal for a regulation – amending act Article 1 – point 13 Regulation (EC) No 216/2008 Article 22a – paragraph 1 a (new) | ||||||||||||||||||||||
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Justification | ||||||||||||||||||||||
The introduction of a cooperation mechanism with the ICAO should avoid the duplication of structures and checks. | ||||||||||||||||||||||
Amendment 20 Proposal for a regulation – amending act Article 1 – point 13 Regulation (EC) No 216/2008 Article 22b – point (b) | ||||||||||||||||||||||
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Justification | ||||||||||||||||||||||
EASA should only be responsible for the certification of foreign organisations that provide services within the EU. | ||||||||||||||||||||||
Amendment 21 Proposal for a regulation – amending act Article 1 – point 19 a (new) Regulation (EC) No 216/2008 Article 65 b (new) | ||||||||||||||||||||||
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Justification | ||||||||||||||||||||||
The inclusion of a stakeholder committee in the Framework Regulation is important given the scope and range of provisions to be regulated in order to take account of the concerns of those involved in this complex matter. The concept of a Stakeholders' Advisory Group and the term used have already been successfully tried out in Article 17 of Regulation 300/2008. | ||||||||||||||||||||||
Amendment 22 Proposal for a regulation – amending act Annex Regulation (EC) No 216/2008 Annex Va – part B – section 1 – point j | ||||||||||||||||||||||
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Justification | ||||||||||||||||||||||
Aerodromes that are specified as alternate aerodromes by airlines flying large aircraft and have to show they possess sufficient facilities purely in terms of ground infrastructure (i.e. takeoff/landing runway length and width, TWY System, etc.) should also be able to attain the corresponding requisite category of rescue and fire-fighting services in accordance with point (i). | ||||||||||||||||||||||
Amendment 23 Proposal for a regulation – amending act Annex Regulation (EC) No 216/2008 Annex Va – part B – section 1 – point k | ||||||||||||||||||||||
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Justification | ||||||||||||||||||||||
The idea is to ensure that the services specified in this paragraph are not certified differently from flight data and apron control services. | ||||||||||||||||||||||
Amendment 24 Proposal for a regulation – amending act Annex Regulation (EC) No 216/2008 Annex Va – part B – section 1 – point l | ||||||||||||||||||||||
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Justification | ||||||||||||||||||||||
The idea is to ensure that the services specified in this paragraph are not certified differently from flight data and apron control services. | ||||||||||||||||||||||
Amendment 25 Proposal for a regulation – amending act Annex Regulation (EC) No 216/2008 – part C – section 1 – introductory part | ||||||||||||||||||||||
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Justification | ||||||||||||||||||||||
The items listed are a task for the authorities and not for the aerodromes. | ||||||||||||||||||||||
Amendment 26 Proposal for a regulation – amending act Annex Regulation (EC) No 216/2008 – part C – section 2 - introductory part | ||||||||||||||||||||||
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Justification | ||||||||||||||||||||||
The items listed are a task for the authorities and not for the aerodromes. |
EXPLANATORY STATEMENT
Background
This proposal forms an integral part of the Single European Sky II (SES II) initiative, which comprises a set of measures aimed at establishing a coherent and integrated EU regulatory framework that meets the future challenges facing the rapidly expanding single aviation market. It provides for increased responsibilities of the European Aviation Safety Agency (EASA) to ensure uniform and binding safety rules for aerodromes, ATM and Air Navigation Services (ANS) as well as oversight of their implementation by Member States.
The EASA system was set up by Regulation (EC) No. 1592/2002. The main objective of EASA is to establish and maintain a high level of aviation safety in Europe. In this regard, it has the mandate to prepare the safety regulatory implementing rules to be adopted by the Commission through comitology. Furthermore, the agency directly issues certificates and approvals for products or organisations. EASA also assists the Commission in monitoring the effective and uniform implementation of the safety rules by Member States. Initially, EASA's field of competence was limited to ensuring the airworthiness and environmental compatibility of aircraft, including personnel and organisations involved in their design, production and maintenance. However the regulation establishing EASA already called for a progressive extension of the EASA system at a later stage to cover all other fields of aviation safety. the Agency's competences were first enlarged by Regulation (EC) No. 216/2008 to cover air operations, licensing of flight crews and safety of third country aircraft operating in Europe.
While the current European air transport system is considered to be very safe, the high transport volume growth rates are likely to give rise to new safety challenges. Action at Community level is thus required in order to maintain (and possibly improve) safety levels in the future. Most importantly, there is a need to upgrade and harmonise standards in segments, which are not yet covered by EU legislation (and are therefore are characterised by regulatory fragmentation and a lack of enforcement) in order to integrate them into the single approach. This holds in particular for two elements of the air transport chain, which are considered as vital from a safety point of view, as they constitute potential top risk areas. Firstly, aerodrome infrastructure and operations are of crucial importance, since the majority of accidents occur in either the initial or the final phases of a flight. ATM and ANS are equally relevant for aviation safety, especially against the background of rapidly increasing traffic volumes.
Elements of the proposal
In line with the above considerations, the Commission proposes to extend the scope of Regulation (EC) No. 216/2008 to both aerodromes and ATM/ANS and to give EASA new tasks in these areas, notably over rulemaking, standardisation inspection and (to a limited extend) certification.
Hence, the proposal provides that all aerodromes open to the public, which can serve Instrument Flight Rules (IFR) traffic or aircraft above a certain weight, must be subject to Community legislation. The Regulation itself lays down common essential requirements, for instance in terms of physical characteristics, infrastructure, equipment, operations and management as well as aerodrome surroundings. Aerodrome owners and operators must comply with these requirements as a precondition for certification of the aerodrome by national aviation authorities. EASA would have to develop the certification specifications to be used in the certification process. It is furthermore the Agency's task to draft implementing rules defining the detailed requirements for certification to be subsequently adopted by the Commission in accordance with the regulatory procedure with scrutiny. Finally, the Agency would be empowered to carry out audits and standardisation inspections.
Likewise, the proposed regulation provides for the safety of ATM/ANS and of air/ground interoperability to be regulated under the aegis of the EASA system. In analogy with the above, the proposal introduces common essential requirements for ATM/ANS in relation to the use of air space, the services provided, ATM/ANS systems and their constituents and the qualification of air traffic controllers. ATM/ANS providers as well as air traffic controllers would be required to hold a certificate. Additionally, certification requirements for organisations engaged in the design and manufacture of ATM/ANS systems and/or for the systems themselves may be introduced through implementing measures. The oversight of compliance of organisations with the essential requirements and the related implementing rules would be done by the competent national authorities, except for the oversight of organisations located in third countries and of organisations providing services in the airspace of more than three Member States, for which EASA would be responsible. The agency's further responsibilities with regard to ATM/ANS are identical with the ones referred to above in relation to aerodromes. They include draft implementing rules and certification specifications, safety analyses and standardisation inspections of national competent authorities.
Rapporteur's comments
The Rapporteur supports the introduction of harmonised safety rules at European level. An initiative for a full system approach in the field of safety is needed to keep air transport safe and sustainable. European countries have long sought to harmonise their procedures and standards in the field of aviation safety. Nevertheless, safety procedures still vary widely among Member States and ATM/ANS must improve, based on a common set of rules developed by a single authority and uniformly implemented throughout the Community.
With the creation of EASA, the Community has taken over responsibility to produce common rules which are directly applicable EU-wide. The European Aviation Safety Agency is the key player of the European Union’s strategy for aviation safety, and it is only natural that it should be entrusted with the oversight of the entire aviation system.
In light of these considerations, the Rapporteur welcomes the Commission's proposal. Given the highly technical nature of the proposal, the suggested amendments mainly aim to ensure harmonisation between the provisions of the EASA regulation and the proposed SES II legislation, in order to ensure a smooth transition.
Specifically, the Rapporteur suggests the following:
- Clarification of the proposal's scope with regard to aerodromes: The Rapporteur suggests that aerodromes or part thereof mainly used for recreational and sports flying only should not be covered by the provisions of the Regulation; moreover, the Regulation should only cover aerodromes or part thereof that actually serve traffic and aircraft under the specified conditions.
- Accredited bodies: The Rapporteur proposes clarifications that ensure proportionality, safeguard the use of local knowledge and expertise available and avoid any major increase in the certification obligations of the competent authorities. This would result in savings as regards the certification costs, especially for General Aviation.
- Opinions, certification specifications and guidance material: The Rapporteur suggests that they shall incorporate the provisions of the existing European and national laws or regulations, with appropriate adaptations and improvements (ref. Articles 8 a, b and c - Aerodromes, ATM/ANS, ATC), where necessary. Furthermore, the timeframe for issuing these documents shall be consistent with the provisions of Art. 11 5a and 5b and ensure that there is a sufficient period for adaptation to the new regulatory framework.
- The Agency should issue certificates for organisations located outside the EU that provide services in the airspace of the territory to which the Treaty applies;
- The Agency, as well as the national authorities, should be able to grant temporary exemptions, where local conditions impose such measures, especially in the field of aerodromes;
- It must be ensured that the Agency has sufficient resources for its new responsibilities, and that the timing of the allocation of these resources is based on the defined need and schedule for the adoption and the respective applicability of the related implementing rules. The Rapporteur is certainly in favour of granting additional resources to the European Aviation Safety Agency so that it can provide high, uniform and legally binding aviation safety standards for the entire aviation system.
- Finally, the Rapporteur would like to emphasise the need for extended cooperation between EASA and Eurocontrol with a view to ensuring the necessary transition and to avoiding duplication of tasks and responsibilities.
PROCEDURE
Title |
Aerodromes, air traffic management and air navigation services |
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References |
COM(2008)0390 – C6-0251/2008 – 2008/0128(COD) |
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Date submitted to Parliament |
25.6.2008 |
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Committee responsible Date announced in plenary |
TRAN 8.7.2008 |
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Committee(s) asked for opinion(s) Date announced in plenary |
EMPL 8.7.2008 |
ITRE 8.7.2008 |
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Not delivering opinions Date of decision |
EMPL 9.9.2008 |
ITRE 16.7.2008 |
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Rapporteur(s) Date appointed |
Marian-Jean Marinescu 15.7.2008 |
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Discussed in committee |
10.9.2008 |
4.11.2008 |
2.12.2008 |
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Date adopted |
8.12.2008 |
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Result of final vote |
+: –: 0: |
20 7 4 |
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Members present for the final vote |
Gabriele Albertini, Inés Ayala Sender, Paolo Costa, Michael Cramer, Luis de Grandes Pascual, Arūnas Degutis, Robert Evans, Emanuel Jardim Fernandes, Francesco Ferrari, Mathieu Grosch, Georg Jarzembowski, Sepp Kusstatscher, Eva Lichtenberger, Marian-Jean Marinescu, Erik Meijer, Luís Queiró, Reinhard Rack, Luca Romagnoli, Gilles Savary, Brian Simpson, Dirk Sterckx, Michel Teychenné, Silvia-Adriana Ţicău, Georgios Toussas |
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Substitute(s) present for the final vote |
Philip Bradbourn, Jeanine Hennis-Plasschaert, Eleonora Lo Curto, Corien Wortmann-Kool |
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Substitute(s) under Rule 178(2) present for the final vote |
Proinsias De Rossa, Jean-Paul Gauzès, Kyösti Virrankoski |
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