Corrigendum to the Directive of the European Parliament and of the Council amending Council Directives 73/239/EEC, 85/611/EEC, 91/675/EEC, 92/49/EEC and 93/6/EEC and Directives 94/19/EC, 98/78/EC, 2000/12/EC, 2001/34/EC, 2002/83/EC and 2002/87/EC of the European Parliament and of the Council in order to establish a new organisational structure for financial services committees (6429/1/2005 - C6-0051/2005 - 2003/0263(COD))

(Codecision procedure)

The corrigendum was adopted.

European Parliament legislative resolution on the Council common position for adopting a regulation of the European Parliament and of the Council on conditions for access to the natural gas transmission networks (11652/2/2004 – C6-0188/2004 – 2003/0302(COD))

P6_TA(2005)0061 A6-0012/2005

(Codecision procedure: second reading)

The European Parliament,

–   having regard to the Council common position (11652/2/2004 – C6-0188/2004),

–   having regard to its position at first reading(1) on the Commission proposal to Parliament and the Council (COM(2003)0741)(2),

–   having regard to Article 251(2) of the EC Treaty,

–   having regard to Rule 62 of its Rules of Procedure,

–   having regard to the recommendation for second reading of the Committee on Industry, Research and Energy (A6-0012/2005),

1.  Approves the common position as amended;

2.  Instructs its President to forward its position to the Council and Commission.

Position of the European Parliament adopted at second reading on 8 March 2005 with a view to the adoption of European Parliament and Council Regulation (EC) No .../2005 on conditions for access to the natural gas transmission networks

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 95 thereof,

Having regard to the proposal from the Commission,

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

Following consultation of the Committee of the Regions,

Acting in accordance with the procedure laid down in Article 251 of the Treaty (4),

Whereas:

(1)  Directive 2003/55/EC of the European Parliament and of the Council of 26 June 2003 concerning common rules for the internal market in natural gas (5) has made a significant contribution towards the creation of an internal market for gas. It is now necessary to provide structural changes in the regulatory framework to tackle the remaining barriers to the completion of the internal market, in particular regarding the trade in gas. Additional technical rules are necessary, in particular regarding third-party access services, principles of capacity allocation mechanisms, congestion management procedures and transparency requirements.

(2)  Experience gained in the implementation and monitoring of a first set of Guidelines for Good Practice, adopted by the European Gas Regulatory Forum (the Forum) in 2002, demonstrates that in order to ensure the full implementation of the rules set out in the Guidelines in all Member States, and in order to provide a minimum guarantee of equal market access conditions in practice, it is necessary to provide for them to become legally enforceable.

(3)  A second set of common rules entitled "the Second Guidelines for Good Practice" was adopted at the meeting of the Forum on 24-25 September 2003 and the purpose of this Regulation is to lay down, on the basis of those Guidelines, basic principles and rules regarding network access and third-party access services, congestion management, transparency, balancing and the trading of capacity rights.

(4)  Article 15 of Directive 2003/55/EC allows for a combined transmission and distribution system operator. Therefore, the rules set out in this Regulation do not require modification of the organisation of national transmission and distribution systems that are consistent with the relevant provisions of Directive 2003/55/EC and in particular Article 15 thereof.

(5)  High pressure pipelines linking local distributors to the gas network and not primarily used in the context of local distribution are included within the scope of this Regulation.

(6)  It is necessary to specify the criteria according to which tariffs for access to the network are determined, in order to ensure that they fully comply with the principle of non-discrimination and the needs of a properly functioning internal market and take fully into account the need for system integrity and reflect actual costs incurred, insofar as such costs correspond to those of an efficient and structurally comparable network operator and are transparent, whilst including appropriate return on investments, and where appropriate taking account of the benchmarking of tariffs by the regulatory authorities.

(7)  In calculating tariffs for access to networks it is important to take account of actual costs incurred, insofar as such costs correspond to those of an efficient and structurally comparable network operator and are transparent, and of the need to provide appropriate return on investments and incentives to construct new infrastructure. In this respect, and in particular if effective pipeline-to-pipeline competition exists, the benchmarking of tariffs by the regulatory authorities will be a relevant consideration.

(8)  The use of market-based arrangements, such as auctions, to determine tariffs should be compatible with the provisions laid down in Directive 2003/55/EC.

(9)  A common minimum set of third-party access services is necessary to provide a common minimum standard of access in practice throughout the Community, to ensure that third-party access services are sufficiently compatible and to allow the benefits accruing from a properly functioning internal market for gas to be exploited.

(10)  References to harmonised transportation contracts in the context of non-discriminatory access to the network of transmission system operators do not mean that the terms and conditions of the transportation contracts of a particular system operator in a Member State must be the same as those of another transmission system operator in that Member State or in another Member State, unless minimum requirements are set which must be met by all transportation contracts.

(11)  The management of contractual congestion of networks is an important issue in completing the internal gas market. It is necessary to develop common rules which balance the need to free up unused capacity in accordance with the "use-it-or-lose-it" principle with the rights of the holders of the capacity to use it when necessary, while at the same time enhancing liquidity of capacity.

(12)  Although physical congestion of networks is rarely a problem at present in the Community, it may become one in the future. It is important therefore to provide for a basic principle for the allocation of congested capacity in such circumstances.

(13)  For network users to gain effective access to gas networks they need information in particular on technical requirements and available capacity to enable them to exploit the business opportunities occurring within framework of the internal market. Common minimum standards on such transparency requirements are necessary. Such information may be published using various means, including electronic means.

(14)  Non-discriminatory and transparent balancing systems for gas, operated by transmission system operators, are important mechanisms, particularly for new market entrants which may find it more difficult to balance their overall sales portfolio than companies already established within a relevant market. It is therefore necessary to lay down rules to ensure that transmission system operators operate such mechanisms in a manner compatible with non-discriminatory, transparent and effective access conditions to the network.

(15)  The trading of primary capacity rights is an important part of developing a competitive market and creating liquidity. This Regulation should therefore lay down basic rules thereon.

(16)  It is necessary to ensure that undertakings acquiring capacity rights are able to sell them to other licensed undertakings in order to ensure an appropriate level of liquidity on the capacity market. This approach, however, does not preclude a system whereby capacity unused for a given period, determined at national level, is made available again to the market on a firm basis.

(17)  National regulatory authorities should ensure compliance with the rules contained in this Regulation and the guidelines adopted pursuant to it.

(18)  In the Guidelines annexed to this Regulation, specific detailed implementing rules are defined on the basis of the second Guidelines for Good Practice. Where appropriate, those rules will evolve over time, taking into account the differences of national gas systems.

(19)  Before proposing to amend the Guidelines laid down in the Annex to this Regulation, the Commission should ensure consultation of all relevant parties concerned with the Guidelines, represented by the professional organisations, and of the Member States within the Forum and should request the input of the European Regulators Group for Electricity and Gas.

(20)  The Member States and the competent national authorities should be required to provide relevant information to the Commission, which should treat such information confidentially.

(21)  This Regulation and the guidelines adopted in accordance with it are without prejudice to the application of the Community rules on competition.

(22)  The measures necessary for the implementation of this Regulation should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedure for the exercise of implementing powers conferred on the Commission (6).

(23)  Since the objective of this Regulation, namely the setting of fair rules for access conditions to natural gas transmission systems, cannot be sufficiently achieved by the Member States and can therefore, by reason of the scale and effects of the action, be better achieved at Community level, the Community may adopt measures in accordance with the principle of subsidiarity, as set out in Article 5 of the Treaty. 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 that objective,

HAVE ADOPTED THIS REGULATION:

Article 1

Subject matter and scope

1.  This Regulation aims at setting non-discriminatory rules for access conditions to natural gas transmission systems taking into account the specificities of national and regional markets with a view to ensuring the proper functioning of the internal gas market.

This objective shall include the setting of harmonised principles for tariffs, or the methodologies underlying their calculation, for access to the network, the establishment of third-party access services and harmonised principles for capacity allocation and congestion management, the determination of transparency requirements, balancing rules and imbalance charges and facilitating capacity trading.

2.  Member States may establish an entity or body set up in compliance with Directive 2003/55/EC for the purpose of carrying out one or more functions typically attributed to the transmission system operator, which shall be subject to the requirements of this Regulation.

Article 2

Definitions

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

2.  The definitions contained in Article 2 of Directive 2003/55/EC which are relevant for the application of this Regulation shall also apply with the exception of the definition of transmission in point 3 of that Article.

Article 3

Tariffs for access to networks

1.  Tariffs, or the methodologies used to calculate them, applied by transmission system operators and approved by the regulatory authorities pursuant to Article 25(2) of Directive 2003/55/EC, as well as tariffs published pursuant to Article 18(1) of that Directive, shall be transparent, take into account the need for system integrity and its improvement and reflect actual costs incurred, insofar as such costs correspond to those of an efficient and structurally comparable network operator and are transparent, whilst including appropriate return on investments, and where appropriate taking account of the benchmarking of tariffs by the regulatory authorities. Tariffs, or the methodologies used to calculate them, shall be applied in a non-discriminatory manner.

Member States may decide that tariffs may also be determined through market-based arrangements, such as auctions, provided that such arrangements and the revenues arising therefrom are approved by the regulatory authority.

Tariffs, or the methodologies used to calculate them, shall facilitate efficient gas trade and competition, while at the same time avoiding cross-subsidies between network users and providing incentives for investment and maintaining or creating interoperability for transmission networks.

2.  Tariffs for network access shall not restrict market liquidity or distort trade across borders of different transmission systems. Where differences in tariff structures or balancing mechanisms would hamper trade across transmission systems, and notwithstanding Article 25(2) of Directive 2003/55/EC, transmission system operators shall, in close cooperation with the relevant national authorities, actively pursue convergence of tariff structures and charging principles, including in relation to balancing.

Article 4

Third-party access services

1.  Transmission system operators shall:

2.  Transportation contracts signed with non-standard start dates or with a shorter duration than a standard annual transportation contract shall not result in arbitrarily higher or lower tariffs not reflecting the market value of the service, in accordance with the principles laid down in Article 3(1).

3.  Where appropriate, third-party access services may be granted subject to appropriate guarantees from network users with respect to the creditworthiness of such users. Such guarantees must not constitute an undue barrier to market entry and must be non-discriminatory, transparent and proportionate.

Article 5

Principles of capacity allocation mechanisms and

congestion management procedures

1.  The maximum capacity at all relevant points as referred to in Article 6(3) shall be made available to market participants, taking into account system integrity and efficient network operation.

2.  Transmission system operators shall implement and publish non-discriminatory and transparent capacity allocation mechanisms, which shall:

3.  When transmission system operators conclude new transportation contracts or renegotiate existing transportation contracts, these contracts shall take into account the following principles:

4.  When capacity contracted under existing transportation contracts remains unused and contractual congestion occurs, transmission system operators shall apply paragraph 3 unless this would infringe the requirements of the existing transportation contracts. Where this would infringe the existing transportation contracts, transmission system operators shall, following consultation with the competent authorities, submit a request to the network user for the use on the secondary market of unused capacity in accordance with paragraph 3.

5.  In the event that physical congestion exists, non-discriminatory, transparent capacity allocation mechanisms shall be applied by the transmission system operator or, as appropriate, the regulatory authorities.

Article 6

Transparency requirements

1.  Transmission system operators shall make public detailed information regarding the services they offer and the relevant conditions applied, together with the technical information necessary for network users to gain effective network access.

2.  In order to ensure transparent, objective and non-discriminatory tariffs and facilitate efficient utilisation of the gas network, transmission system operators or relevant national authorities shall publish reasonably and sufficiently detailed information on tariff derivation, methodology and structure.

3.  For the services provided, each transmission system operator shall make public information on technical, contracted and available capacities on a numerical basis for all relevant points including entry and exit points on a regular and rolling basis and in a user-friendly standardised manner.

4.  The relevant points of a transmission system on which the information must be made public shall be approved by the competent authorities after consultation with network users.

5.  Where a transmission system operator considers that it is not entitled for reasons of confidentiality to make public all the data required, it shall seek the authorisation of the competent authorities to limit publication with respect to the point or points in question.

The competent authorities shall grant or refuse the authorisation on a case-by-case basis, taking into account in particular the need to respect legitimate commercial confidentiality and the objective of creating a competitive internal gas market. If the authorisation is granted, available capacity shall be published without indicating the numerical data that would contravene confidentiality.

No such authorisation as referred to in this paragraph shall be granted where three or more network users have contracted capacity at the same point.

6.  Transmission system operators shall always disclose the information required by this Regulation in a meaningful, quantifiably clear and easily accessible way and on a non-discriminatory basis.

Article 7

Balancing rules and imbalance charges

1.  Balancing rules shall be designed in a fair, non-discriminatory and transparent manner and shall be based on objective criteria. Balancing rules shall reflect genuine system needs taking into account the resources available to the transmission system operator.

2.  In the case of non-market-based balancing systems, tolerance levels shall be set in a way that either reflects seasonality or results in a tolerance level higher than that resulting from seasonality, and that reflects the actual technical capabilities of the transmission system. Tolerance levels shall reflect genuine system needs taking into account the resources available to the transmission system operator.

3.  Imbalance charges shall be cost-reflective to the extent possible, whilst providing appropriate incentives to network users to balance their input and off-take of gas. They shall avoid cross-subsidisation between network users and shall not hamper the entry of new market entrants.

Any methodology for calculating imbalance charges as well as the final tariffs shall be made public by the competent authorities or the transmission system operator as appropriate.

4.  Transmission system operators may impose penalty charges on network users whose input into and off-take from the transmission system is not in balance in accordance with the balancing rules referred to in paragraph 1.

5.  Penalty charges which exceed the actual balancing costs incurred, insofar as such costs correspond to those of an efficient and structurally comparable network operator and are transparent, shall be taken into account when calculating tariffs in a way that does not reduce the interest in balancing and shall be approved by the competent authorities.

6.  In order to enable network users to take timely corrective action, transmission system operators shall provide sufficient, well-timed and reliable on-line based information on the balancing status of network users. The level of information provided shall reflect the level of information available to the transmission system operator. Where they exist, charges for the provision of such information shall be approved by the competent authorities and shall be made public by the transmission system operator.

7.  Member States shall ensure that transmission system operators endeavour to harmonise balancing regimes and streamline structures and levels of balancing charges in order to facilitate the trade in gas.

Article 8

Trading of capacity rights

Each transmission system operator shall take reasonable steps to allow capacity rights to be freely tradable and to facilitate such trade. Each such operator shall develop harmonised transportation contracts and procedures on the primary market to facilitate secondary trade of capacity and recognise the transfer of primary capacity rights where notified by network users. The harmonised transportation contracts and procedures shall be notified to the regulatory authorities.

Article 9

Guidelines

1.  Where appropriate, Guidelines providing the minimum degree of harmonisation required to achieve the aim of this Regulation shall specify:

2.  Guidelines on the issues listed in paragraph 1 are laid down in the Annex. They may be amended by the Commission in accordance with the procedure referred to in Article 14(2).

3.  The application and amendment of Guidelines adopted pursuant to this Regulation shall reflect differences between national gas systems, and shall therefore not require uniform detailed terms and conditions of third-party access at Community level. They may, however, set minimum requirements to be met to achieve non-discriminatory and transparent network access conditions necessary for an internal gas market, which may then be applied in the light of differences between national gas systems.

Article 10

Regulatory authorities

When carrying out their responsibilities under this Regulation, the regulatory authorities of the Member States established under Article 25 of Directive 2003/55/EC shall ensure compliance with this Regulation and the Guidelines adopted pursuant to Article 9 of this Regulation.

Where appropriate they shall cooperate with each other and with the Commission.

Article 11

Provision of information

Member States and the regulatory authorities shall, on request, provide to the Commission all information necessary for the purposes of Article 9.

The Commission shall fix a reasonable time limit within which the information is to be provided, taking into account the complexity of the information required and the urgency with which the information is needed.

Article 12

Right of Member States to provide for more detailed measures

This Regulation shall be without prejudice to the right of Member States to maintain or introduce measures that contain provisions more detailed than those set out in this Regulation and the Guidelines referred to in Article 9.

Article 13

Penalties

1.  The Member States shall lay down the rules on penalties applicable to infringements of the provisions of this Regulation and shall take all measures necessary to ensure that they are implemented. The penalties provided for must be effective, proportionate and dissuasive. The Member States shall notify those provisions to the Commission by 1 July 2006 at the latest and shall notify it without delay of any subsequent amendment affecting them.

2.  Penalties provided for pursuant to paragraph 1 shall not be of a criminal law nature.

Article 14

Committee procedure

1.  The Commission shall be assisted by the Committee set up by Article 30 of Directive 2003/55/EC.

2.  Where reference is made to this paragraph, Articles 5 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.

The period laid down in Article 5(6) of Decision 1999/468/EC shall be set at three months.

3.  The Committee shall adopt its Rules of Procedure.

Article 15

Commission Report

The Commission shall monitor the implementation of this Regulation. In its report under Article 31(3) of Directive 2003/55/EC, the Commission shall also report on the experience gained in the application of this Regulation. In particular the report shall examine to what extent the Regulation has been successful in ensuring non-discriminatory and cost-reflective network access conditions for gas transmission networks in order to contribute to customer choice in a properly functioning internal market and to long-term security of supply. If necessary, the report shall be accompanied by appropriate proposals and/or recommendations.

Article 16

Derogations and exemptions

Article 17

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.

It shall apply from 1 July 2006 with the exception of the second sentence of Article 9(2), which shall apply from 1 January 2007.

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

GUIDELINES ON

2.  PRINCIPLES UNDERLYING THE CAPACITY ALLOCATION MECHANISMS, CONGESTION MANAGEMENT PROCEDURES AND THEIR APPLICATION IN THE EVENT OF CONTRACTUAL CONGESTION, AND

3.  DEFINITION OF THE TECHNICAL INFORMATION NECESSARY FOR NETWORK USERS TO GAIN EFFECTIVE ACCESS TO THE SYSTEM, THE DEFINITION OF ALL RELEVANT POINTS FOR TRANSPARENCY REQUIREMENTS AND THE INFORMATION TO BE PUBLISHED AT ALL RELEVANT POINTS AND THE TIME SCHEDULE ACCORDING TO WHICH THIS INFORMATION SHALL BE PUBLISHED

1.  THIRD-PARTY ACCESS SERVICES

(1)  Transmission system operators shall offer firm and interruptible services down to a minimum period of one day.

(2)  Harmonised transportation contracts and a common network code shall be designed in a manner that facilitates trading and the re-utilisation of capacity contracted by network users without hampering capacity release.

(3)  Transmission system operators shall develop network codes and harmonised contracts following proper consultation with network users.

(4)  Transmission system operators shall implement standardised nomination and re-nomination procedures. They shall develop information systems and electronic communication means to provide adequate data to network users and to simplify transactions, such as nominations, capacity contracting and transfer of capacity rights between network users.

(5)  Transmission system operators shall harmonise formalised request procedures and response times according to best industry practice with the aim of minimising response times. They shall provide for on-line screen based capacity booking and confirmation systems, nominations and re-nominations procedures no later than 1 July 2006 after consultation with the relevant network users.

(6)  Transmission system operators shall not separately charge network users for information requests and transactions associated with their transportation contracts and which are carried out in accordance with standard rules and procedures.

(7)  Information requests that require extraordinary or excessive expenses such as feasibility studies may be charged separately, provided the charges can be duly substantiated.

(8)  Transmission system operators shall cooperate with other transmission system operators in coordinating the maintenance of their respective networks in order to minimise any disruption of transmission services to network users and transmission system operators in other areas and in order to ensure equal benefits with respect to security of supply including in relation to transit.

(9)  Transmission system operators shall publish at least once a year, by a predetermined deadline, all planned maintenance periods that might affect network users' rights from transportation contracts and corresponding operational information with adequate advance notice. This shall include publishing on a prompt and non-discriminatory basis any changes to planned maintenance periods and notification of unplanned maintenance, as soon as that information becomes available to the transmission system operator. During maintenance periods, transmission system operators shall publish regularly updated information on the details, expected duration and effect of the maintenance.

(10)  Transmission system operators shall maintain and make available to the competent authority upon request a daily log of the actual maintenance and flow disruptions that have occurred. Information shall also be made available on request to those affected by any disruption.

2.  PRINCIPLES UNDERLYING CAPACITY ALLOCATION MECHANISMS, CONGESTION MANAGEMENT PROCEDURES AND THEIR APPLICATION IN THE EVENT OF CONTRACTUAL CONGESTION

2.1.  PRINCIPLES UNDERLYING CAPACITY ALLOCATION MECHANISMS AND CONGESTION MANAGEMENT PROCEDURES

(1)  Capacity allocation mechanisms and congestion management procedures shall facilitate the development of competition and liquid trading of capacity and shall be compatible with market mechanisms including spot markets and trading hubs. They shall be flexible and capable of adapting to evolving market circumstances.

(2)  These mechanisms and procedures shall take into account the integrity of the system concerned as well as security of supply.

(3)  These mechanisms and procedures shall not hamper the entry of new market participants or create undue barriers to market entry. They shall not prevent market participants, including new market entrants and companies with a small market share, from competing effectively.

(4)  These mechanisms and procedures shall provide appropriate economic signals for efficient and maximum use of technical capacity and facilitate investment in new infrastructure.

(5)  Network users shall be advised about the type of circumstance that could affect the availability of contracted capacity. Information on interruption should reflect the level of information available to the transmission system operator.

(6)  Should difficulties in meeting contractual delivery obligations arise for reasons of system integrity, transmission system operators should notify network users and seek a non-discriminatory solution without delay.

Transmission system operators shall consult network users regarding procedures prior to their implementation and agree them with the regulatory authority.

2.2.  CONGESTION MANAGEMENT PROCEDURES IN THE EVENT OF CONTRACTUAL CONGESTION

(1)  In the event that contracted capacity goes unused, transmission system operators shall make this capacity available on the primary market on an interruptible basis via contracts of differing duration, as long as this capacity is not offered by the relevant network user on the secondary market at a reasonable price.

(2)  Revenues from released interruptible capacity shall be split in acordance with rules laid down or approved by the relevant regulatory authority. These rules shall be compatible with the requirement of an effective and efficient use of the system.

(3)  A reasonable price for released interruptible capacity may be determined by the relevant regulatory authorities taking into account the specific circumstances prevailing.

(4)  Where appropriate, transmission system operators shall make reasonable endeavours to offer at least parts of the unused capacity to the market as firm capacity.

3.  DEFINITION OF THE TECHNICAL INFORMATION NECESSARY FOR NETWORK USERS TO GAIN EFFECTIVE ACCESS TO THE SYSTEM, THE DEFINITION OF ALL RELEVANT POINTS FOR TRANSPARENCY REQUIREMENTS AND THE INFORMATION TO BE PUBLISHED AT ALL RELEVANT POINTS AND THE TIME SCHEDULE ACCORDING TO WHICH THIS INFORMATION SHALL BE PUBLISHED

3.1.  DEFINITION OF THE TECHNICAL INFORMATION NECESSARY FOR NETWORK USERS TO GAIN EFFECTIVE ACCESS TO THE SYSTEM

3.2.  DEFINITION OF ALL RELEVANT POINTS FOR TRANSPARENCY REQUIREMENTS

3.3.  INFORMATION TO BE PUBLISHED AT ALL RELEVANT POINTS AND THE TIME SCHEDULE ACCORDING TO WHICH THIS INFORMATION SHOULD BE PUBLISHED

(1)  At all relevant points, transmission system operators shall publish the following information about the capacity situation down to daily periods on the Internet on a regular and rolling basis and in a user-friendly standardised manner:

(2)  For all relevant points, transmission system operators shall publish available capacities for a period of at least 18 months ahead and shall update this information at least every month or more frequently, if new information becomes available.

(3)  Transmission system operators shall publish daily updates of availability of short-term services (day-ahead and week-ahead) based, inter alia, on nominations, prevailing contractual commitments and regular long-term forecasts of available capacities on an annual basis for up to 10 years for all relevant points.

(4)  Transmission system operators shall publish historical maximum and minimum monthly capacity utilisation rates and annual average flows at all relevant points for the past three years on a rolling basis.

(5)  Transmission system operators shall keep a daily log of actual aggregated flows for at least three months.

(6)  Transmission system operators shall keep effective records of all capacity contracts and all other relevant information in relation to calculating and providing access to available capacities, to which relevant national authorities shall have access to fulfil their duties.

(7)  Transmission system operators shall provide user-friendly instruments for calculating tariffs for the services available and for verifying on-line the capacity available.

(8)  Where transmission system operators are unable to publish information in accordance with points  1, 3 and 7, they shall consult with their relevant national authorities and set up an Action Plan for implementation as soon as possible, but not later than 31 December 2006.

(1) Text Adopted, 20.4.2004, P5_TA(2004)0301. (2) Not yet published in OJ. (3) OJ C 241, 28.9.2004, p. 31. (4) Position of the European Parliament of 20 April 2004 (not yet published in the Official Journal) and Council common position of 12 November 2004 (OJ C 25 E, 1.2.2005, p. 44) and Position of the European Parliament of 8 March 2005. (5) OJ L 176, 15.7.2003, p. 57. (6) OJ L 184, 17.7.1999, p. 23.

European Parliament legislative resolution on the Council common position for adopting a regulation of the European Parliament and of the Council amending Council Regulations (EEC) No 1408/71 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community and (EEC) No 574/72 laying down the procedure for implementing Regulation (EEC) No 1408/71 (12062/3/2004 – C6-0189/2004 – 2003/0184(COD))

P6_TA(2005)0062 A6-0003/2005

(Codecision procedure: second reading)

The European Parliament,

–   having regard to the Council common position (12062/3/2004 – C6-0189/2004),

–   having regard to its position at first reading(1) on the Commission proposal to Parliament and the Council (COM(2003)0468)(2),

–   having regard to the amended proposal (COM(2004)0314)(3),

–   having regard to Article 251(2) of the EC Treaty,

–   having regard to Rule  67 of its Rules of Procedure,

–   having regard to the recommendation for second reading of the Committee on Employment and Social Affairs (A6-0003/2005),

1.  Approves the common position;

2.  Takes note of the statement(4) of the Commission regarding Annex IIa to Regulation (EEC) No 1408/71, made on the adoption of the Council Common Position;

3.  Notes that the act is adopted in accordance with the common position;

4.  Instructs its President to sign the act with the President of the Council pursuant to Article 254(1) of the EC Treaty;

5.  Instructs its Secretary-General to sign the act, once it has been verified that all the procedures have been duly completed, and, in agreement with the Secretary-General of the Council, to have it published in the Official Journal of the European Union;

6.  Instructs its President to forward its position to the Council and Commission.

(1) OJ C 102 E, 28.4.2004, p. 804. (2) Not yet published in OJ. (3) Not yet published in OJ. (4) 13940/04 ADD 1.

European Parliament legislative resolution on the proposal for a directive of the European Parliament and of the Council on a Community Air Traffic Controller Licence (COM(2004)0473 – C6-0076/2004 – 2004/0146(COD))

P6_TA(2005)0063 A6-0038/2005

(Codecision procedure: first reading)

The European Parliament,

–   having regard to the Commission proposal to the European Parliament and the Council (COM(2004)0473)(1),

–   having regard to Article 251(2) and Article 80(2) of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0076/2004),

–   having regard to Rule 51 of its Rules of Procedure,

–   having regard to the report of the Committee on Transport and Tourism (A6-0038/2005),

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.

Position of the European Parliament adopted at first reading on 8 March 2005 with a view to the adoption of European Parliament and Council Directive 2005/.../EC on a Community Air Traffic Controller Licence

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 80(2) thereof,

Having regard to the proposal from the Commission,

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

Having regard to the opinion of the Committee of the Regions(3),

Acting in accordance with the procedure laid down in Article 251 of the Treaty(4),

Whereas:

(1)  Implementation of the Single European Sky legislation requires the establishment of more detailed legislation, in particular on arrangements concerning the licensing of air traffic controllers, in order to ensure the highest standards of responsibility and competence, to improve the availability of air traffic controllers and to promote the mutual recognition of licences, as foreseen in Article 5 of 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)(5), while pursuing the objective of an overall improvement in air traffic safety and competence of personnel.

(2)  The introduction of such a Community licence is a means of recognising the specific role which air traffic controllers play in the safe provision of air traffic control. The establishment of Community competence standards will also reduce fragmentation in this field, making for more efficient organisation of work in the framework of growing regional collaboration between air navigation service providers. This Directive is therefore an essential part of the Single European Sky legislation.

(3)  A Directive is the most suitable instrument to set standards for competencies which leave it to the Member States to decide on the ways to achieve the commonly agreed standards.

(4)  As demonstrated by the analyses of recent air accidents, safety is dependent upon the reliability of every element of the air traffic management (ATM) safety chain. This implies that the competence of personnel working in this area must be monitored in a more efficient way. Following implementation of this Directive, the Community should launch an initiative aimed at regulating the licensing and qualification system for ATM safety chain professions.

(5)  This Directive should build on existing international standards. The International Civil Aviation Organization (ICAO) has adopted provisions on air traffic controller licensing, including linguistic requirements. The European Organisation for the Safety of Air Navigation (Eurocontrol) set up by the International Convention of 13 December 1960 relating to Co-operation for the Safety of Air Navigation has adopted Eurocontrol Safety Regulatory Requirements. In accordance with Article 4 of Regulation (EC) No 550/2004 this Directive transposes the requirements laid down in Eurocontrol Safety Regulatory Requirement No 5 relevant to air traffic controllers.

(6)  The particular characteristics of Community air traffic call for effective application of Community competence standards for air traffic controllers employed by air navigation service providers involved in general air traffic.

(7)  The Community licencing scheme should ensure that licenced controllers are sufficiently trained in safety, security and crisis management techniques.

(8)  The validity of licences issued under national law prior to the entry into force of this Directive should not be called into question.

(9)  Where Member States take action to ensure compliance with Community requirements, the authorities performing supervision and verification of compliance should be sufficiently independent of training providers. The authorities must also be capable of performing their tasks efficiently.

(10)  The provision of air navigation services requires highly skilled personnel whose competencies can be demonstrated by several means. For air traffic control the appropriate means is the Community licence, to be seen as a kind of diploma, belonging to the individual air traffic controller. The rating on a licence indicates the type of air traffic service an air traffic controller is competent to provide. At the same time, the endorsements included on the licence reflect both the specific competencies of the controller and the authorisation of the supervising instances to provide services for a particular sector or group of sectors. That is why the authorities must be in a position to evaluate the competencies of the air traffic controllers when issuing licences or extending the validity of the endorsements; the authorities must also be in a position to suspend the licence by withdrawing the endorsements of the licence when the competence is in doubt. In an effort to promote a just culture, this Directive should not make an automatic link between an incident and the suspension of the licence. Withdrawal of the licence should be considered as the last resort for extreme cases which have no relation with competence in doubt.

(11)  In order to build the confidence of Member States in each others" licensing systems, Community rules on obtaining and maintaining the licence are indispensable. It is therefore important to harmonise to the highest level the requirements as regards qualifications, competences and access to the air traffic controller profession. This should lead to the provision of safe, high-quality air traffic control services and the recognition of the licences throughout the Community, thereby increasing freedom of movement and improving the availability of air traffic controllers.

(12)  In order to make competencies comparable throughout the Community, they need to become structured in a clear and generally accepted way. This will help to guarantee safety not only within the airspace under control of one air navigation service provider, but especially at the interface between different service providers.

(13)  The objectives of initial training are described in the guidance material developed at the request of the members of Eurocontrol and are considered as the appropriate standards. For unit training the lack of generally accepted standards needs to be offset by a range of measures, including the approval of examiners, which should guarantee high standards of competence. This is all the more important as unit training is very costly and safety-critical.

(14)  In many incidents and accidents, communication plays a significant role. ICAO has therefore adopted language knowledge requirements. This Directive is the means to enforce these internationally accepted standards.

(15)  Medical requirements have been developed at the request of Eurocontrol Member States and are considered as an acceptable means of compliance.

(16)  Certification of training provision should be considered as one of the safety-critical pillars contributing to the quality of training. Training should be seen as a service similar to air navigation services, also subject to a certification process. This Directive should make it possible to certify training by type of training, by bundle of training services or by bundle of training and air navigation services, without losing sight of the particular characteristics of training. Appropriate treatment should also be given to training institutes, preparing the grant of military licences, in order to cover military air traffic controllers as far as possible.

(17)  This Directive confirms longstanding jurisprudence of the European Court of Justice in the field of mutual recognition of diplomas and freedom of movement of workers. The principle of proportionality, the need for equivalence assessment, the reasoned justification to impose compensation measures and the provision of appropriate appeal procedures constitute basic principles which need to become applicable to the air traffic management sector in a more visible manner.

(18)  The profession of air traffic controller is subject to technical innovations which require regular updating of their competencies. The directive should allow such adaptations to technical developments and scientific progress through the use of comitology.

(19)  This Directive may have an impact on the daily working practices of air traffic controllers. The social partners should be informed and consulted in an appropriate way on all measures having significant social implications. Therefore, the Sectoral Dialogue Committee set up under Commission Decision 98/500/EC of 20 May 1998 on the establishment of Sectoral Dialogue Committees promoting the dialogue between the social partners at European level(6) has been consulted and will be consulted on any further developments.

(20)  The Member States should lay down the rules on penalties applicable to infringements of the national provisions adopted pursuant to this Directive and shall take all measures necessary to ensure that they are implemented. Those penalties should be effective, proportionate and dissuasive.

(21)  The measures necessary for the implementation of this Directive should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission(7).

(22)  A two year transposition period is considered sufficient for extending the validity of the licences of current licence holders, in accordance with the provisions concerning the conditions for maintaining ratings and keeping endorsements valid, as the requirements laid down in those provisions are in line with existing international obligations. Furthermore, an additional transposition period of two years should be granted for the application of the linguistic requirements,

HAVE ADOPTED THIS DIRECTIVE:

Article 1

Objective and Scope

1.  The objective of this Directive is to increase safety standards and to improve the operations of the Community air traffic control system through the issuance of a Community air traffic controller licence.

The licence shall establish the conditions to access and to exercise the air traffic controller profession.

2.  This Directive shall apply to applicants for a student air traffic controller licence and to air traffic controllers employed by air navigation service providers or exercising their activity under the responsibility of air navigation service providers offering their services primarily to general air traffic.

Article 2

Definitions

12.  "Requirements for European Class 3 Medical Certification of Air Traffic Controllers" are the requirements laid down in Eurocontrol, Requirements for European Class 3 Medical Certification of Air Traffic Controllers, HUM.ET1.ST08.10000-STD-02, first edition of 31.1.2003;

Article 3

National Supervisory Authorities

1.  Member States shall nominate or establish a body or bodies as their national supervisory authority in order to assume the tasks assigned to such authority under this Directive.

2.  The national supervisory authorities shall be independent of training providers and air navigation service providers. This independence shall be achieved through adequate separation, at the functional level at least, between the national supervisory authorities and such providers.

Member States shall ensure that national supervisory authorities exercise their powers impartially and transparently.

3.  Member States shall notify the Commission of the names and addresses of the national supervisory authorities, as well as changes thereof, and of the measures taken to ensure compliance with paragraph 2.

Article 4

Licensing principles

1.  The Member States and the Commission shall ensure that air traffic controllers and flow managers are sufficiently trained in safety, security and crisis management.

2.  The Member States shall ensure that air traffic control services will only be provided by air traffic controllers licenced in accordance with this Directive.

3.  Licences shall be granted to all persons who are competent to act as an air traffic controller or as a student air traffic controller.

4.  The grant of the licence shall be subject to the inclusion of:

5.  The applicants for a licence shall furnish the evidence that they are competent to act as air traffic controllers or as student air traffic controllers. This evidence demonstrating their competence shall relate to knowledge, experience, skills and linguistic proficiency.

6.  The licence shall remain the property of the person to whom the licence is granted and who shall sign it.

The licence can be suspended when the competence of the air traffic controller is in doubt or in case of gross negligence. It can only be withdrawn in case of abuse.

7.  The student air traffic controller licence shall authorise the holder to provide air traffic control services under the supervision of an on-the-job-training-instructor. For that purpose, the student licence shall include the rating specifying which type of air traffic control service the holder of the licence is being trained to provide.

8.  A licence is only valid if it contains a current medical certificate.

Article 5

Conditions for obtaining a licence

1.  Student air traffic controllers" licences containing at least one rating shall be granted to applicants who:

2.  Air traffic controllers" licences containing the ratings for which training was successfully completed and the necessary endorsements shall be granted to applicants who:

3.  The licence endorsement to become an on the job training instructor shall be granted to holders of an air traffic controller licence who:

Article 6

Conditions for maintaining ratings and keeping endorsements valid

1.  Member States shall ensure that the validity of the endorsement be extended for the next 12 months if the air navigation service provider demonstrates that:

2.  Without prejudice to paragraph 1, the endorsement for on-the-job-training instructors shall be valid for a renewable period of 36 months.

3.  The holder of a rating who has not been providing air traffic control services under any endorsement associated with that rating throughout any period of five years may not exercise the privileges of that rating without satisfying assessment and training requirements that ensure the holder is competent to commence unit training in that rating.

4.  Without prejudice to paragraph 3, a unit endorsement shall cease to be valid if the holder has not been providing air traffic control for a minimum number of hours of service under that endorsement throughout the periods set by the unit competence scheme.

5.  The minimum number of working hours without instruction tasks required to maintain the endorsement valid may be reduced for on-the-job-training instructors in proportion to the time spent instructing trainees on the working positions for which the extension is applied.

Article 7

Air traffic controller ratings and endorsements

1.  Licences shall contain one or more ratings as described in paragraphs (2) to (7) in order to indicate the type of service which the licence holder may provide. In addition to the rating endorsements indicated in this Article, the rating shall become validated by the endorsement indicating the language proficiency, the ICAO location indicator and the unit, working position, sector or group of sectors.

2.  The Aerodrome Control Visual rating (ADV) shall indicate that the holder of a licence is competent to provide an air traffic control service to aerodrome traffic at an aerodrome that has no published instrument approach or departure procedures.

3.  The aerodrome control instrument rating (ADI) shall indicate that the holder of the licence is competent to provide an air traffic control service to aerodrome traffic at an aerodrome that has published instrument approach or departure procedures and shall be accompanied by at least one of the following rating endorsements:

4.  The Approach Control Procedural rating (APP) shall indicate that the holder of a licence is competent to provide an air traffic control service to arriving, departing or transiting aircraft without the use of surveillance equipment.

5.  The Approach Control Surveillance rating (APS) shall indicate that the holder of a licence is competent to provide an air traffic control service to arriving, departing or transiting aircraft with the use of surveillance equipment and shall be accompanied by at least one of the following rating endorsements:

6.  The Area Control Procedural rating (ACP) shall indicate that the holder of the licence is competent to provide an air traffic control service to aircraft without the use of surveillance equipment.

7.  The Area Control Surveillance rating (ACS) shall indicate that the holder of the licence is competent to provide an air traffic control service to aircraft with the use of surveillance equipment and shall be accompanied by at least one of the following rating endorsements:

8.  Without prejudice to paragraph 1, Member States may, in exceptional cases which only arise due to the specific characteristics of the air traffic in the airspace under their responsibility, develop national endorsements. Such endorsements must be objectively justified, non-discriminatory, proportionate and transparent, and may not lead to any restriction of the free movement of air traffic controllers.

9.  The On-the-Job-Training-Instructor licence endorsement shall indicate that the holder of the licence is competent to provide training and supervision at an operational working position for areas covered by a valid rating.

10.  Amendments to this Article in view of technical or scientific progress shall be adopted in accordance with the procedure referred to in Article 14(2).

Article 8

Linguistic requirements

1.  Member States shall ensure that air traffic controllers can demonstrate the ability to speak and understand English to a satisfactory standard. Their proficiency shall cover the rating scale set out in Annex II. It shall reach at least level 4 of the language proficiency requirements specified in that Annex.

2.  Amendments to this Article and Annex II in view of technical or scientific progress shall be adopted in accordance with the procedure referred to in Article 14(2).

3.  The language proficiency requirements of the applicant shall be formally evaluated at regular intervals, except in the case of applicants who demonstrate proficiency level 6.

This interval shall be no longer than 3 years for applicants who demonstrate proficiency level 4 and no longer than 6 years for applicants who demonstrate proficiency level 5.

4.  Member States may impose local language requirements when deemed necessary for safety purposes. Notwithstanding the provisions of paragraph 1, Member States may in certain cases and for imperative reasons of safety require level 5 of the ICAO proficiency test in English and/or the local language where the operational circumstances of the qualification or the endorsement in question so require. Any such requirement must be objectively justified, non-discriminatory, proportionate and transparent.

5.  The evidence of linguistic proficiency shall be included in the licence by means of a specific language proficiency endorsement.

Article 9

Medical requirements

1.  Medical certificates shall be issued in accordance with the medical requirements for European Class 3 Medical Certification of Air Traffic Controllers.

Medical assessors approved by the national supervisory authority shall establish reports on the basis of those requirements.

The assessment of the applicants shall take due account of the age of the applicant and of the particular characteristics of the workplace, in accordance with the principle of proportionality.

2.  Member States shall ensure that effective appeal procedures are put in place to guarantee the fair treatment of the examinees and that air navigation service providers take the necessary measures where holders do not obtain a valid medical report.

3.  Member States shall ensure that procedures are established to deal with cases of reduced medical fitness and enable holders of a licence to notify their employers that they are becoming aware of any decrease in medical fitness or are under the influence of any psychoactive substance or medicines, which might render them unable to execute the privileges of the licence safely and properly, so that air navigation service providers can monitor controllers for psychoactive substance abuse and provide advice to controllers taking medicines.

4.  Amendments to the reference in point (12) of Article 2 in view of technical or scientific progress shall be adopted in accordance with the procedure referred to in Article 14(2).

Article 10

Certification of Training Providers

1.  The provision of training of air traffic controllers within the Community shall be subject to certification by the national supervisory authorities.

2.  The requirements for certification shall relate to the technical and operational competence and suitability to organise training courses in a pedagogically efficient way as set out in point (1) of Annex III.

3.  Applications for certification shall be submitted to the national supervisory authorities of the Member State where the applicant has its principal place of operation and, if any, its registered office.

National supervisory authorities shall issue certificates where they comply with the requirements laid down in point (1) of Annex III.

Certificates may be issued for each type of training, as defined in point (9) of Article 2, or in combination with other air navigation services, whereby the type of training and the type of air navigation service shall be certified as a bundle of services.

4.  Certificates shall specify the rights and obligations of training providers.

Certification may be subject only to the conditions set out in points (2) and (3) of Annex III. Such conditions shall be objectively justified, non-discriminatory, proportionate and transparent.

5.  National supervisory authorities shall monitor compliance with the requirements and conditions attached to the certificates. If a national supervisory authority finds that the holder of a certificate no longer satisfies such requirements or conditions, it shall take appropriate measures, which may include withdrawal of the certificate.

6.  A Member State shall recognise any certificate issued in another Member State.

Article 11

Accounting Management of Training Providers

1.  Training providers shall publish an annual report and regularly undergo an independent financial audit. As far as possible within the constraints imposed by the legal status of each training provider, the accounts of training providers shall comply with the International Accounting Standards adopted by the Community.

2.  When providing different types of training, providers shall, in their internal accounting, identify the relevant costs and income for training services and, where appropriate, shall keep consolidated accounts for other, non-training services, as they would be required to do if the services in question were provided by separate undertakings.

3.  Member States shall designate the competent authorities that have a right of access to the accounts of training providers.

4.  Member States may apply the transitional provisions of Article 9 of Regulation (EC) No 1606/2002 (8) to training providers that fall within the scope of that Regulation.

5.  Training providers who provide training leading to the grant of military licences will be exempted from the obligations laid down in paragraphs 1 and 2.

Article 12

Guarantee of compliance with competence standards

1.  In order to ensure the levels of competence indispensable for air traffic controllers to perform their work to high safety standards, the Member States shall ensure that national supervisory authorities supervise and monitor their training.

2.  The national supervisory authorities shall organise a data base where competencies of all licence holders and the validity dates of their endorsements are kept. To this extent, operational units within the air navigation service providers shall keep records on the hours effectively worked on the sectors, group of sectors or on the operational positions for every licence holder working in the unit and shall provide these data to the national supervisory authorities on request.

3.  The national supervisory authorities shall approve the licence holders who are entitled to act as competence examiners or competence assessors for unit and continuation training. Approval shall be valid for a renewable period of three years.

4.  The national supervisory authorities shall audit all the elements of the licensing system on a regular basis with a view to guaranteeing effective compliance with the standards laid down in this Directive.

In addition to the regular audit, the national supervisory authorities can undertake on the spot visits to check the effective implementation of this Directive and compliance with the standards contained therein.

The national supervisory authorities shall send to the Commission a yearly report on the application of this Directive, including the findings of the audits.

5.  National supervisory authorities may decide to delegate in full or in part the auditing functions and inspections mentioned in paragraph 4 of this Article to recognised organisations referred to in Article 3 of Regulation (EC) No 550/2004.

Article 13

Mutual recognition of air traffic controller licences

1.  Each Member State shall recognise the licence and its associated ratings and endorsements issued by the national supervisory authority of another Member State in accordance with the provisions of this Directive.

2.  In order to grant the endorsement applied for, the national supervisory authorities shall require the applicant to fulfil the particular conditions associated with the endorsement, specifying the unit, sector or working position. In assessing the equivalence between the endorsements which the applicant currently has and those he needs to acquire, the air navigation service provider, when establishing the unit training plan, shall take due account of the acquired competencies and the experience of the applicant.

3.  If the applicant holds a licence endorsed by a third country or a military licence of a Member State, the national supervisory authority may require the applicant to fulfil the conditions for obtaining the particular rating and endorsement. The equivalency assessment of the licence shall take due account of competencies acquired in accordance with international standards.

4.  The national supervisory authorities shall approve and give a reasoned decision on the unit training plan containing the proposed training for the applicant not later than four weeks after presentation of the evidence, without prejudice to the delay resulting from any appeal that may be made. In their decisions, the national supervisory authorities shall ensure that the principles of non-discrimination and proportionality are respected.

5.  The national supervisory authorities shall ensure that the rights and obligations applicable to the employment relationship between the applicant and the employer are governed by the national provisions applicable to air traffic controllers of the country where the applicant performs his/her work.

Article 14

Committee

1.  The Commission shall be assisted by the Single Sky Committee instituted by Article 5 of Regulation (EC) No 549/2004(9).

2.  Where reference is made to this paragraph, Articles 5 and 7 of Decision 1999/468/EC shall apply, having regard to the provision of Article 8 thereof.

The period laid down in Article 5(6) of Decision 1999/468/EC shall be set at one month.

3.  The Committee shall adopt its Rules of Procedure.

Article 15

Penalties

The Member States shall work towards complete harmonisation of the penalties applicable to infringements of the national provisions adopted pursuant to this Directive and shall take all measures necessary to ensure that they are implemented. The penalties provided for must be effective, proportionate and dissuasive. The Member States shall notify those provisions to the Commission by ... (10) at the latest and shall notify it without delay of any subsequent amendment affecting them.

Article 16

Transposition

1.  Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by ... (11) at the latest. They shall forthwith communicate to the Commission the text of those provisions and a correlation table between those provisions and this Directive.

When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.

2.  Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.

Article 17

Entry into force

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

Article 8 shall apply from ... (12)*.

Article 18

Addressees

This Directive is addressed to the Member States.

Done at ,

For the European Parliament For the Council

The President The President

ANNEX I

TRAINING REQUIREMENTS

PART A

INITIAL TRAINING REQUIREMENTS FOR AIR TRAFFIC CONTROLLERS

The initial training shall ensure that student air traffic controllers satisfy at least the competence requirements laid down in the objectives of the Guidelines for Common Core Content and Training Objectives for Air Traffic Controllers" Training, so that the air traffic controllers are capable of handling air traffic in a safe, quick and efficient way. Amendments to the reference as defined in Article 2 point (11) in view of technical or scientific progress shall be adopted in accordance with the procedure referred to in Article 14(2).

Initial training shall cover the following subjects: Aviation Law, Air Traffic Management, including Procedures for Civil-Military Co-operation, Meteorology, Navigation, Aircraft and Principles of Flight, including an understanding between air traffic controller and pilot, Human Factors, Equipment and Systems, Professional Environment, Unusual/Emergency Situations, Degraded Systems, Linguistic Knowledge, including radiotelephony Phraseology.

The subjects shall be taught in such a way that they prepare the applicants for the different types of air traffic services and highlight safety aspects. The initial training shall consist of theoretical and practical courses, including simulation, and its duration shall be determined in the approved initial training plans. Acquired competencies shall ensure that the candidate can be considered competent to handle complex and dense traffic situations, facilitating the transition to unit training. The competence of the candidate after initial training shall be assessed through appropriate examinations.

PART B

UNIT TRAINING REQUIREMENTS FOR AIR TRAFFIC CONTROLLERS

Unit training plans shall detail the processes and timing required to allow the applicant for an air traffic control licence to apply the unit procedures to the local area under the supervision of an on-the-job-training instructor. The approved plan shall include indications of all elements of the competence assessment system, including work arrangements, progress assessment and examination, together with notification procedures to the national supervisory authority.

The duration of unit training shall be determined in the unit training plan. The required competencies will be assessed through appropriate examinations or a system of continuous assessment, by approved competence examiners or assessors who shall be neutral and objective in their judgment. To this end, the national supervisory authorities shall put in place appeal mechanisms to ensure fair treatment of candidates.

PART C

CONTINUATION TRAINING REQUIREMENTS FOR AIR TRAFFIC CONTROLLERS

Rating and unit endorsements on air traffic controllers" licences shall be kept valid through approved continuation training, which consist of training to maintain the employability of air traffic controllers, refresher courses, emergency training and, where appropriate, linguistic training.

Continuation training shall consist of theoretical and practical courses, together with simulation. For this purpose, the training provider shall establish unit competence schemes detailing the processes, manning and timing necessary to provide for the appropriate continuation training and to demonstrate competencies. These schemes shall be reviewed and approved at least every three years. The duration of the continuation training shall be decided in accordance with the functional needs of the air traffic controllers working in the unit, in particular in view of a change or a planned change of procedures or equipment, or in view of the overall safety management requirements. The competence of each air traffic controller shall be appropriately assessed at least every three years. The air navigation service provider shall ensure that mechanisms guaranteeing fair treatment of licence holders, whose endorsements" validity can not be extended, will be applied.

ANNEX II

REQUIREMENTS FOR PROFICIENCY IN LANGUAGES

The language proficiency requirements laid down in Article 8 are applicable to the use of both phraseologies and plain language. To meet the language proficiency requirements an applicant for a licence or a licence holder shall be assessed and must demonstrate compliance at least with the Operational Level (Level 4) of the Language Proficiency Rating Scale described in this Annex.

Language proficiency rating scale: Expert, Extended and Operational Levels.

Language proficiency rating scale: Pre-Operational, Elementary and Pre-Elementary Levels.

Note.‐The Operational Level (Level 4) is the minimum required proficiency level for radiotelephony communication. Levels 1 through 3 describe Pre-elementary, Elementary, and Pre-operational levels of language proficiency respectively, all of which describe a level of proficiency below the ICAO language proficiency requirement. Levels 5 and 6 describe Extended and Expert levels, at levels of proficiency more advanced than the minimum required Standard. As a whole, the scale will serve as benchmarks for training and testing, in assisting candidates to attain the ICAO Operational Level (Level 4).

ANNEX III

REQUIREMENTS AND CONDITIONS TO BE ATTACHED TO CERTIFICATES AWARDED TO TRAINING PROVIDERS

(1)  The requirements referred to in Articles 10 and 11 shall relate in particular:

(2)  Certificates shall specify:

(3)  Additional conditions attached to certificates may, as appropriate, be related to:

(1) Not yet published in OJ. (2) OJ (3) OJ (4) Position of the European Parliament of 8 March 2005. (5) OJ L 96, 31.3.2004, p. 10. (6) OJ L 225, 12.8.1998, p. 27. Decision as amended by the 2003 Act of Accession. (7) OJ L 184, 17.7.1999, p. 23. (8) Regulation (EC) No 1606/2002 of the European Parliament and of the Council of 19 July 2002 on the application of international accounting standards (OJ L 243, 11.9.2002, p. 1). (9) 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). (10) * Twenty-four months after the entry into force of this Directive. (11) * Twenty-four months after the entry into force of this Directive. (12) ** Four years after the entry into force of this Directive

European Parliament resolution on the activity report for 2003 of the European Investment Bank (2004/2187(INI))

P6_TA(2005)0064 A6-0032/2005

The European Parliament,

–   having regard to Articles 266 and 267 of the EC Treaty establishing the European Investment Bank (EIB) and the Protocol on the Statute of the European Investment Bank annexed to the treaty,

–   having regard to the decision of its Conference of Presidents of 15 May 1996 to hold an annual debate on the lending priorities, annual report and general orientation of the EIB under the auspices of the committee responsible,

–   having regard to the activity report for 2003 of the EIB Group, the corporate operational plan for 2004-2006 of the EIB Group, the annual report for 2003 of the European Investment Fund (EIF), the report of the Audit Committee for the 2003 financial year, the replies of the management committee and the hearing of the President of the EIB by the committee responsible on 23 November 2004,

–   having regard to the statement of 2 June 2004 on governance at the EIB,

–   having regard to the comments made in the Court of Auditors' annual report for 2003,

–   having regard to the Commission/EIB cooperation agreement of January 2000,

–   having regard to the presidency conclusions of the Lisbon European Council of 23 and 24 March 2000, the Gothenburg European Council of 15 and 16 June 2001 and the Brussels European Council of 12 and 13 December 2003,

–   having regard to its resolution of 22 April 2004 on the European Investment Bank's activity report for 2002(1),

–   having regard to Rules 112(2) and 45 of its Rules of Procedure,

–   having regard to the report of its Committee on Economic and Monetary Affairs (A6-0032/2005),

A.   whereas the EIB is a public bank established by the EC Treaty as a privileged financial institution to achieve the European Union's objectives by investing in projects and acting as a catalyst for such investment, and the Lisbon and Gothenburg European Councils reaffirmed the contribution made by the EIB to the achievement of those objectives; whereas the aforesaid European Councils set out the broad lines of those objectives, namely an economy the competitiveness of which is based on knowledge and social cohesion, complying with local and world-wide environmental restrictions,

B.   whereas, on the occasion of those European Councils, the European Union set itself the objective of becoming the most competitive and dynamic knowledge-based economy in the world, in which sustainable economic growth leads to more and better jobs, firmer social cohesion and compliance with environmental constraints; whereas that objective requires a considerable amount of investment; whereas the importance of the EIB's role is recognised, particularly in relation to the implementation of the 'Growth Initiative'; whereas the European Parliament has also stressed the particular importance of own-resources funding for venture capital, small and medium-sized enterprises (SMEs) and human capital,

C.   whereas there are substantial differences with regard to the demand for and the granting of credits to SMEs in the various Member States,

D.   whereas the loans granted in 2003 totalled EUR 46.6 billion, comprising EUR 37.3 billion for Member States (80%), EUR 5.7 billion for acceding and accession countries and EUR 3.6 billion for partner countries, including EUR 2.1 billion for the countries of the Euro-Mediteranean partnership and EUR 0.5 billion for ACP States and OCT, with around 40% of these loans being provided through intermediary banks,

E.   whereas the important position occupied by the EIB in the European Union's institutional framework and the large volume of funds which it manages or for which it acts as a catalyst, some of which are provided under the Union's budget, suffice to justify the EIB's continuing dialogue with the European Parliament, the Council and the Commission, as well as the scrutiny exercised by the Court of Auditors (where European Union funds are involved) and the European Anti-Fraud Office,

F.   whereas the EIB plays an important role and has a multiplier effect on mobilising other sources of funding, encouraging the involvement of the private sector and risk sharing, particularly by means of risk capital instruments and the granting of guarantees,

1.  Congratulates the EIB on its activity report for 2003 and the general improvement in the transparency of the information made available to the public, and welcomes the good relations established with the EIB;

Objectives

2.  Calls on the EIB to actively continue to support the implementation of the strategy formulated by the Lisbon and Gothenburg European Councils, particularly through its "Innovation 2010" initiative, and the Growth initiative, by funding infrastructure programmes and research and development projects and by acting as a catalyst for public and private investment; suggests that the EIB collaborate more closely with the Commission and the European Central Bank with a view to laying down prudential rules to enable the corresponding loans to be provided without compromising the sustainability of the Member States" public debt;

3.  Encourages the EIB to prioritise the funding of the Trans-European Networks; supports the EIB's decision to invest more in the renewable energy sector and to make greenhouse gas emissions prevention an essential criterion in the selection of projects to be supported;

4.  Congratulates the EIB for further developing the loans available to small businesses; calls on the EIB to pay attention also to the social economy and "locally-oriented services" sector which, in view of current demographic trends, plays a very important role in ensuring optimum levels of participation in working life and of social cohesion;

5.  Calls on the EIB to improve the granting of loans to SMEs in those Member States which are lagging behind as far as EIB loans are concerned in order to diminish the substantial differences between Member States;

6.  Draws attention to the UN's International Year of Microcredit, and encourages the EIB to include this in its 2005 programming;

7.  Urges the EIB to adopt a precise set of rules defining the quantitative assessment criteria for projects submitted to it, and the systematic examination of the results obtained, so as to assess the real contribution made to the Lisbon strategy;

8.  Acknowledges the economic and social impact achieved by the EIB's activities on the growth of SMEs and on employment; calls, however, on the EIB to increase that impact by improving the administrative structures for SME access to risk capital, and by encouraging access to its activities on the part of local and regional financial partners;

Criteria and assessment

9.  Congratulates the EIB for the progress made in recent years towards greater selectivity with regard to projects to be supported in the context of the European Union's objectives; urges it to clarify its selection criteria and to rigorously assess results in the light of objectives;

10.  Calls urgently for the heavy administrative burdens imposed on SMEs and banks to be reduced, so that they can benefit more from EIF capital; calls for particular attention to be paid to the Innovation 2010 Initiative and for the threshold for projects to be lowered in this respect;

11.  Acknowledges the EIB's wish to contribute to the Lisbon strategy, highlights the significant role played by the EIF via the Innovation 2010 Initiative and invites the EIB to consolidate its role as a financial driving force for modernising the European Union, particularly by means of support for scientific research and, in particular, support for high-technology industries;

12.  Calls on the EIB, when taking action outside the European Union, to clarify the criteria governing such action beyond the very general brief given by the Commission, taking as a basis the European Parliament's recommendations concerning cooperation and the recommendations of the World Bank and other development banks;

13.  Supports the EIB's efforts to ensure the best possible coordination with the Commission through a Joint Working Group; suggests that this coordination be formalised and extended to include the European Parliament itself;

14.  Calls on the EIB to carry out a fuller enquiry into the real contribution made by European Union and EIB investment to regional development and to establish appropriate indicators, as recommended by its own operations evaluation department;

15.  Recommends that the EIB continue to establish more clearly the criteria for the final destination of its global loans, and calls on the EIB to establish a transparent procedure to check and evaluate the way in which they are used by the intermediary banks, particularly with a view to checking that the ultimate beneficiaries do in fact benefit from the advantageous nature of loans provided by the EIB; is of the opinion that the EIB should play an active role in monitoring and, where necessary, improving the promotion and granting of global loans;

16.  Calls on the Court of Auditors to ensure that the conditions attached to loans granted by the EIB, and the subsidies it is mandated to allocate to various projects, do not lead to certain recipients indirectly benefiting from undue subsidies when they could obtain funding from the market; urges the EIB to give the Court of Auditors full access to the necessary information to this end, including, where appropriate, commercial information of a confidential or market-sensitive nature;

Transparency and accountability

17.  Congratulates the EIB on the progress achieved in its dialogue with the public and with non-governmental organisations (NGOs) and on the publication of its reports on the environment and on the social impact assessment of EIB projects in developing countries;

18.  Recommends the development of a special information campaign on the activities of the EIB for SMEs in the new Member States;

19.  Warmly endorses the proposals on transparency adopted on 15 June 2004 by the Board of Directors; intends to participate actively in the consultation procedure envisaged in this report, in connection with the implementation of the UN Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters (Aarhus Convention); stresses the importance of taking into account the requests made, in the course of this consultation procedure, by the institutions and NGOs;

20.  Considers that greater attention should be paid to improving the auditing to which the EIB is subject, in accordance with the recommendations of the annual reports of the Audit Committee and the recommendations of the operations evaluation department; believes that the European Parliament should be involved in that process;

21.  Welcomes, in view of the recurrent allegations appearing in the press concerning possible conflicts of interest involving senior EIB management staff, the clarification provided by the EIB on this matter following the adoption of the above-mentioned report A6-0032/2005; welcomes with satisfaction the governance-related amendments made to the EIB's Statute and Rules of Procedure since 1 May 2004 in connection with enlargement of the European Union to include 10 new Member States; endorses the posting, on the EIB's website, of all codes of conduct applicable to EIB decision-taking bodies;

22.  Calls on the EIB to continue to provide the European Parliament and the public, every year, with a summary of the action undertaken to improve the way in which it operates, in accordance with its timely abovementioned resolution of 22 April 2004; acknowledges, in the meantime, the need to continue investigating what means should be used to improve the prudential control of the EIB, as regards both the use of its own funds, and the funds allocated to it by the European Union budget;

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23.  Instructs its President to forward this resolution to the Council, the Commission and the EIB.

(1) Texts Adopted, P5_TA(2004)0371.