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| REPORT ***I |
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| 15 July 2002 |
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| 1. on the proposal for a European Parliament and Council regulation on
the provision of Air Navigation Services in the Single European Sky (COM(2001) 564 – C5‑0482/2001 – 2001/0235(COD)), 2. on the proposal for a European Parliament and Council regulation on the organisation and use of the airspace in the Single European Sky (COM(2001) 564 – C5‑0483/2001 – 2001/0236(COD)) and 3. on the proposal for a European Parliament and Council regulation on the interoperability of the European Air Traffic Management network (COM(2001) 564 – C5‑0484/2001 – 2001/0237(COD)) | |||||
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 PROCEDURAL PAGE |
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By letter of 11 October 2001 the Commission submitted to Parliament, pursuant to Article 251(2) and Article 80(2) of the EC Treaty, the proposals for a European Parliament and Council regulation on 1. the provision of Air Navigation Services in the Single European Sky (COM(2001) 564 - 2001/0235 (COD), 2. the organisation and use of the airspace in the Single European Sky (COM(2001) 564 - 2001/0236(COD) and on 3. the interoperability of the European Air Traffic Management network (COM(2001) 564 - 2001/0237(COD)). At the sitting of 25 October 2001 the President of Parliament announced that she had referred these proposals to the Committee on Regional Policy, Transport and Tourism as the committee responsible and the Committee on Legal Affairs and the Internal Market and the Committee on Industry, External Trade, Research and Energy for their opinions (C5‑0482/2001, C5-0483/2001 and C5-0484/2001). The Committee on Regional Policy, Transport and Tourism appointed Marieke Sanders-ten Holte rapporteur at its meeting of 20 November 2001. It considered the Commission proposal and draft report at its meetings of 23 January, 18 April, 22 May, 17 June and 10 July 2002. At the last meeting it adopted the draft legislative resolutions respectively by 39 votes to 7, with 5 abstentions, by 40 votes to 7, with 6 abstentions and by 41 votes to 6, with 6 abstentions. The following were present for the vote: Luciano Caveri, chairman; Rijk van Dam, Gilles Savary and Helmuth Markov, vice-chairmen; Marieke Sanders-ten Holte, rapporteur; Sylviane H. Ainardi (for Alonso José Puerta), Pedro Aparicio Sánchez (for Danielle Darras), Emmanouil Bakopoulos, Carlos Bautista Ojeda (for Camilo Nogueira Román), Rolf Berend, Philip Charles Bradbourn, Felipe Camisón Asensio, Luigi Cocilovo, Gerard Collins, Garrelt Duin, Alain Esclopé, Giovanni Claudio Fava, Jacqueline Foster, Mathieu J.H. Grosch, Catherine Guy-Quint (for Ewa Hedkvist Petersen), Konstantinos Hatzidakis, Juan de Dios Izquierdo Collado, Georg Jarzembowski, Dieter-Lebrecht Koch, Giorgio Lisi, Nelly Maes, Sérgio Marques, Emmanouil Mastorakis, Erik Meijer, Bill Miller (for John Hume), Francesco Musotto, Karla M.H. Peijs, Wilhelm Ernst Piecyk, Giovanni Pittella (for Rosa Miguélez Ramos), Samuli Pohjamo, José Javier Pomés Ruiz, Luís Queiró (for Adriana Poli Bortone), Reinhard Rack, Carlos Ripoll i Martínez Bedoya, Isidoro Sánchez García, Dana Rosemary Scallon, Ingo Schmitt, Brian Simpson, Renate Sommer, Ulrich Stockmann, Margie Sudre, Roseline Vachetta (for Michel J.M. Dary), Joaquim Vairinhos, Geoffrey Van Orden (for Christine de Veyrac), Ari Vatanen, Herman Vermeer, Mark Francis Watts and Brigitte Wenzel-Perillo (for James Nicholson). The opinions of the Committee on Legal Affairs and the Internal Market are attached; the Committee on Industry, External Trade, Research and Energy decided on 22 November 2001 not to deliver an opinion. The report was tabled on 15 July 2002. The deadline for tabling amendments will be indicated in the draft agenda for the relevant part-session. | ||||
| DRAFT LEGISLATIVE RESOLUTION |
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1. European Parliament legislative resolution on the proposal for a European Parliament and Council regulation on the provision of Air Navigation Services in the Single European Sky (COM(2001) 564 - C5-0482/2001 - 2001/0235(COD)) (Codecision procedure: first reading) The European Parliament, – having regard to the Commission proposal to the European Parliament and the Council (COM(2001) 564(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 (C5‑0482/2001), – having regard to Rule 67 of its Rules of Procedure, – having regard to the report of the Committee on Regional Policy, Transport and Tourism and the opinion of the Committee on Legal Affairs and the Internal Market (A5‑0266/2002), 1. Approves the Commission proposal as amended; 2. Asks to be consulted again should the Commission intend to amend the proposal substantially or replace it with another text; 3. Instructs its President to forward its position to the Council and Commission. Proposal for a Regulation on the provision of Air Navigation Services in the Single European Sky
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| DRAFT LEGISLATIVE RESOLUTION |
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2. European Parliament legislative resolution on the proposal for a European Parliament and Council regulation on the organisation and use of the airspace in the Single European Sky (COM(2001) 564 - C5-0483/2001 - 2001/0236(COD)) (Codecision procedure: first reading) The European Parliament, – having regard to the Commission proposal to the European Parliament and the Council (COM(2001) 564(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 (C5-0483/2001), – having regard to Rule 67 of its Rules of Procedure, – having regard to the report of the Committee on Regional Policy, Transport and Tourism and the opinion of the Committee on Legal Affairs and the Internal Market (A5‑0266/2002), 1. Approves the Commission proposal as amended; 2. Asks to be consulted again should the Commission intend to amend the proposal substantially or replace it with another text; 3. Instructs its President to forward its position to the Council and Commission. Proposal for a Regulation on the organisation and use of the airspace in the Single European Sky
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| DRAFT LEGISLATIVE RESOLUTION |
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3. European Parliament legislative resolution on the proposal for a European Parliament and Council regulation on the interoperability of the European Air Traffic Management network (COM(2001) 564 – C5‑0484/2001 – 2001/0237(COD)) (Codecision procedure: first reading) The European Parliament, – having regard to the Commission proposal to the European Parliament and the Council (COM(2001) 564(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 (C5-0484/2001), – having regard to Rule 67 of its Rules of Procedure, – having regard to the report of the Committee on Regional Policy, Transport and Tourism and the opinion of the Committee on Legal Affairs and the Internal Market (A5‑0266/2002), 1. Approves the Commission proposal as amended; 2. Asks to be consulted again should the Commission intend to amend the proposal substantially or replace it with another text; 3. Instructs its President to forward its position to the Council and Commission. Proposal for a Regulation on the interoperability of the European Air Traffic Management network
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| EXPLANATORY STATEMENT |
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Introduction This short explanatory statement addresses the three ‘technical’ regulations in the Single Sky package of proposals. Your rapporteur is mindful of the need to ensure that amendments proposed for each draft regulation are consistent with those proposed for the other two and that the overall approach is consistent with that which the Committee will adopt for the framework regulation for which Mr Fava is rapporteur. In this context your rapporteur reiterates with Mr Fava the need for the Council to respect the integrity of this package of interlinked proposals and insists that the Council considers and adopts all four draft regulations concurrently. Your rapporteur's starting point is that a Single Sky for Europe does not currently exist and that it should and must if Europe is to: - optimise the use of its airspace; - continue to make safety an absolute priority; - cope with projected increases in traffic; - allow European airlines to compete with others; and - adjust to changes already made in some Member States in arrangements for air traffic management. Parliament has of course already called for the creation of a Single European Sky notably in the report by Sir Robert Atkins. The Commission's package of proposals provides the opportunity to create a Single European Sky. In general terms the package is balanced but could benefit from some improvement by amendment. These amendments are submitted after the extensive consultation both rapporteurs have undertaken with service providers, service users, air traffic controllers, Eurocontrol and others. This explanatory statement will focus on those amendments as a general description of the proposals and the main areas of debate have been presented to the Committee at its meeting on 23 January 2002 in the Working Document prepared by your rapporteur. The direction of amendments proposed by your rapporteur to each of the ‘technical’ draft regulations is considered in turn below. The Provision of Air Navigation Services in the Single European Sky This proposal distinguishes and separates service providers and regulators and sets down an overall framework for regulation at Member State level. It also introduces the concept of airspace blocks which are not coterminous with national boundaries. It allows national authorities to choose between different possible service providers and requires a non-discriminatory charging regime. In your rapporteur's view the Commission's proposal is broadly acceptable. The amendments she proposes go in the following directions. Five of the amendments address the question of safety directly. Specifically they insist that high levels of safety are maintained where user charges are introduced, that reviews of the air navigation system in future give due regard to safety levels and that safety levels are explicitly considered when authorisations to service providers are made. The concept of relevant experience is introduced as a criterion in the selection of recognised organisations by national authorities. To facilitate the recruitment and movement of air traffic controllers it is proposed by your rapporteur that there be mutual recognition of licences and the development of recruitment programmes for controllers. One amendment seeks to ensure the independence of the supervisory authority in each Member State. Your rapporteur has also introduced a procedure of referral to the Commission, so as to help ensure uniform application of the regulation. On the question of civil/military cooperation, an enhanced level of cooperation between civil air traffic service providers and their military counterparts is also foreseen. Four of your rapporteur's amendments go in the direction of using internationally agreed standards when public authorities select service providers, ensuring quality of service through, inter alia, using service level agreements and strengthening the Commission's oversight of the operation of the system by deploying a set of performance indicators. Other amendments insist on alignment of the charging regime proposed here with any future regime for generalised transport infrastructure charging, that operational data is used only for operational purposes and clarify what is meant by ancillary services. Organisation and use of Airspace in the Single European Sky This proposal creates a single EU airspace for design, management and operating functions, initially in a European Upper Flight Information Region (EUIR). It promotes functional airspace blocks and the flexible use of airspace for civil and military functions. It makes explicit reference to Eurocontrol's activities in this area. Your rapporteur wishes by amendment to insist on the importance of safety in air traffic flow management. In a related respect the broader aim of optimising coordination replaces and subsumes the narrower consideration of minimising transaction costs when defining functional airspace blocks. The examination of legal implications and the clear definition of responsibilities are introduced as criteria when the rules for air traffic flow management are established. Your rapporteur has also sought to underline the good work of the Eurocontrol Central Flow Management Unit in this context. Upper and lower airspace is to be defined operationally rather than in a fixed way, and the structuring of airspace and route planning is to be undertaken centrally. Airspace blocks and direct routing are more clearly defined and the need to look to the whole network in geographical Europe is underlined. An arbitration procedure is also introduced for the settlement of potential disputes between Member States as regards the establishment of cross-border functional blocks of airspace. Your rapporteur has also sought to reinforce the degree of civil/military cooperation foreseen in the proposal, recognising that a high level of such cooperation is vital to the success of the Single Sky project. The interoperability of the European Air Traffic Management network This draft regulation deals with the equipment, systems and procedures necessary for an integrated air traffic management network. An integrated network will reduce procurement and maintenance costs and systemic inefficiencies. It makes explicit reference to Eurocontrol's role in this area. Your rapporteur wishes to ensure that the level of divergence from Community specifications is kept to a minimum so as to guarantee interoperability of systems. She also wishes to underline the ultimate goal of global interoperability and would also insist on the need to consult professional associations in the industry if the safe and efficient use of airspace for all phases of flight is to be achieved. Other amendments again underline the need to maintain a high level of safety, seek to ensure that stakeholders abide by target dates for the introduction of new technologies, and provide for a system of incident analysis in the context of safety nets. Your Rapporteur's conclusions Inaction is not an option if a European Single Sky is to be achieved. The need for a Single Sky is widely accepted for the reasons given above. The package of proposals is complex and deals with difficult areas such as: - civil/military cooperation; - charging regimes for service providers; - structures to separate service providers and regulators; - a legal architecture which allows service providers to be chosen by national authorities, sometimes not wholly state owned; - functional definition of airspace blocks; - technical compatibility issues; and - the role of Eurocontrol. Your rapporteur views the Commission's proposals as a generally successful attempt to address these areas in a non-dogmatic, pragmatic way in seeking to increase efficiency without compromising safety. Roles are clarified and distinguished. The draft legislation is not prescriptive about the economic structure of service providers. In this way it recognises the role of air traffic management as a public service activity. For these reasons your rapporteur supports the proposals with the amendments she now submits. She is of course ready to consider other amendments proposed by members of the Committee. Finally, the European Council conclusions at the Barcelona summit gave a further impetus to the creation of a Single Sky and indicate clearly that a real window of opportunity exists for the European Union to advance towards its realisation. 2001/0235(COD) | ||||
| OPINION OF THE COMMITTEE ON LEGAL AFFAIRS AND THE INTERNAL MARKET |
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27 February 2002 for the Committee on Regional Policy, Transport and Tourism on the proposal for a regulation of the European Parliament and of the Council on the provision of air navigation services in the single European sky (COM(2001) 564 – C5‑0482/2001 – 2001/0235 (COD)) Draftsman: Carlos Ripoll i Martínez Bedoya PROCEDURE The Committee on Legal Affairs and the Internal Market appointed Carlos Ripoll i Martínez Bedoya draftsman at its meeting of 6 November 2001. It considered the draft opinion at its meetings of 24 January, 19 February and 26 February 2002. At the last meeting it adopted the following conclusions by 22 votes to 1. The following were present for the vote: Giuseppe Gargani, chairman; Ioannis Koukiadis and Bill Miller, vice-chairmen; Carlos Ripoll i Martínez Bedoya, draftsman; Paolo Bartolozzi, Philip Charles Bradbourn (for Bert Doorn), Janelly Fourtou, Evelyne Gebhardt, Fiorella Ghilardotti, José María Gil-Robles Gil-Delgado (for Mónica Ridruejo), Gerhard Hager (for Alexandre Varaut), Malcolm Harbour, Heidi Anneli Hautala, The Lord Inglewood, Piia-Noora Kauppi (for Joachim Wuermeling), Klaus-Heiner Lehne, Toine Manders, Manuel Medina Ortega, Elena Ornella Paciotti (for Carlos Candal), Marianne L.P. Thyssen, Diana Wallis, Matti Wuori (for Neil MacCormick) and Stefano Zappalà. AMENDMENTS The Committee on Legal Affairs and the Internal Market requests the Committee on Regional Policy, Transport and Tourism, as the committee responsible, to include the following amendment in its report:
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| OPINION OF THE COMMITTEE ON LEGAL AFFAIRS AND THE INTERNAL MARKET |
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26 February 2002 for the Committee on Regional Policy, Transport and Tourism on the proposal for a Regulation of the European Parliament and of the Council on the organisation and use of the airspace in the Single European Sky (COM(2001) 564 - C5-0483/2001 - 2001/0236(COD)) and on the proposal for a Regulation of the European Parliament and of the Council on the interoperability of the European Air Traffic Management network (COM(2001) 564 - C5-0484/2001 - 2001/0237(COD)) Draftsman: Carlos Ripoll i Martínez Bedoya PROCEDURE The Committee on Legal Affairs and the Internal Market appointed Philip Charles Bradbourn draftsman at its meeting of 6 November 2001. However, following the vote on 26 February 2002, Mr Bradbourn stepped down as draftsman and Mr Carlos Ripoll i Martínez Bedoya was appointed in his place. The committee considered the draft opinion at its meetings of 24 January, 19 February and 26 February 2002. At the last meeting it adopted the following amendments by 12 votes to 3 with 2 abstentions. The following were present for the vote: Giuseppe Gargani, chairman; Ioannis Koukiadis, vice-chairman; Bill Miller, vice-chairman; Carlos Ripoll i Martínez Bedoya, draftsman; Paolo Bartolozzi, Philip Charles Bradbourn, Janelly Fourtou, Evelyne Gebhardt, Fiorella Ghilardotti, José María Gil-Robles Gil-Delgado, Gerhard Hager, Malcolm Harbour, Heidi Anneli Hautala, The Lord Inglewood, Piia-Noora Kauppi, Klaus-Heiner Lehne, Toine Manders, Manuel Medina Ortega, Elena Ornella Paciotti, Marianne L.P. Thyssen, Diana Wallis, Matti Wuori and Stefano Zappalà. SHORT JUSTIFICATION In order to ensure that the Single European Sky is a single airspace without frontiers, the Commission proposes, in the regulation on the organisation and use of airspace, creating a unique flight information region by merging the fifteen national airspaces into a single portion of airspace in which air traffic services will be provided in accordance with common rules and procedures. This requires a common airspace design and strategic management with Eurocontrol support. This move with regard to upper airspace will allow its configuration into control areas designed, where appropriate, across national barriers, with a view to the more efficient use of airspace, systems and manpower. In this connection the Commission proposes harmonisation of airspace categories, organisation and management of airspace with a view to the allocation of sectors to service providers and organisations of transfers of airspace between them, rules for organising flow management and mechanisms for more disciplined use of airspace. As regards military use of airspace, the Commission advocates establishing criteria for the application, at first in upper airspace and at a later date in lower airspace, of the concept of the Flexible Use of Airspace developed by Eurocontrol. The Commission wishes to encourage Member States and Eurocontrol to take appropriate measures to ensure operational and technical interoperability between civil and military service providers and the uniform application of civil-military air traffic service provision. Your draftsman welcomes the aims of the proposed legislation while proposing certain amendments, which are confined to the first regulation considered by this opinion: AMENDMENTS The Committee on Legal Affairs and the Internal Market calls on the Committee on Regional Policy, Transport and Tourism, as the committee responsible, to incorporate the following amendments in its report:
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| Last updated: 8 October 2002 | Legal notice |