Procedure : 2008/0127(COD)
Document stages in plenary
Document selected : A6-0002/2009

Texts tabled :

A6-0002/2009

Debates :

PV 24/03/2009 - 12
CRE 24/03/2009 - 12

Votes :

PV 25/03/2009 - 3.3
CRE 25/03/2009 - 3.3
Explanations of votes
Explanations of votes

Texts adopted :

P6_TA(2009)0169

REPORT     ***I
PDF 427kWORD 643k
20 January 2009
PE 412.349v02-00 A6-0002/2009

on the proposal for a regulation of the European Parliament and of the Council amending Regulations (EC) No 549/2004, (EC) No 550/2004, (EC) No 551/2004 and (EC) No 552/2004 in order to improve the performance and sustainability of the European aviation system

(COM(2008)0388 – C6-0250/2008 – 2008/0127(COD))

Committee on Transport and Tourism

Rapporteur: Marian-Jean Marinescu

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION
 EXPLANATORY STATEMENT
 OPINION of the Committee on Industry, Research and Energy
 PROCEDURE

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

on the proposal for a regulation of the European Parliament and of the Council amending Regulations (EC) No 549/2004, (EC) No 550/2004, (EC) No 551/2004 and (EC) No 552/2004 in order to improve the performance and sustainability of the European aviation system

(COM(2008)0388 – C6-0250/2008 – 2008/0127(COD))

(Codecision procedure: first reading)

The European Parliament,

–   having regard to the Commission proposal to the European Parliament and the Council (COM(2008)0388),

–   having regard to Article 251(2) and Article 80(2) of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0250/2008),

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

–   having regard to the report of the Committee on Transport and Tourism and the opinion of the Committee on Industry, Research and Energy (A6-0002/2009),

1.  Approves the Commission proposal as amended;

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

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

Amendment  1

Proposal for a regulation – amending act

Recital 2 a (new)

Text proposed by the Commission

Amendment

 

(2a) The most effective and most efficient way of creating a single European sky is by means of a top-down approach; however, as it has never been possible to secure political approval for such an approach, the aim must now be to speed up the processes initiated on the basis of the bottom-up approach.

Justification

Parliament has repeatedly called for a top-down approach, although this is not feasible given current circumstances. The aim must now be to avoid excessive delays in the creation of a single European sky.

Amendment  2

Proposal for a regulation – amending act

Recital 8

Text proposed by the Commission

Amendment

(8) To ensure the consistent and sound oversight of service provision across Europe, the national supervisory authorities should be guaranteed sufficient independence and resources.

(8) To ensure the consistent and sound oversight of service provision across Europe, the national supervisory authorities should be guaranteed at least functional independence and sufficient resources, with a view to avoiding conflicts of interests as well as encouraging and enhancing cooperation at a bilateral and multilateral level.

Justification

Member States previously agreed with the idea of granting   "functional independence" for national agencies and supervisory authorities in other different fields (i.e. telecommunications, energy and gas markets).

Amendment  3

Proposal for a regulation – amending act

Recital 11 a (new)

Text proposed by the Commission

Amendment

 

(11a) Member States should commit themselves to enhanced cooperation in all key aspects regarding the single European sky (SES), among themselves and with third countries.

Justification

Rather than an ambitious top-down approach, a coherent diplomatic consensus is the best way to reach the Single Sky.

Amendment  4

Proposal for a regulation – amending act

Recital 13

Text proposed by the Commission

Amendment

(13) The functional airspace blocks are key enablers to enhance cooperation between air navigation service providers in order to improve performance and create synergies. Member States should establish functional airspace blocks by the end of 2012 at the latest.

(13) The functional airspace blocks are key enablers to enhance cooperation between air navigation service providers in order to improve performance and create synergies. Member States should establish operating functional airspace blocks (FABs) by the end of 2011 at the latest.

Justification

The simple agreements for establishing FABs by 2012 at the latest will delay the operating Single European Sky, for which FABs are only an intermediate step. Moreover, the deployment of SESAR from 2014 onwards should be made directly on the Single Sky basis, rather than on functional airspace blocks basis, to avoid unnecessary duplication of costs. From 2012 onwards, until the end of 2013, there is enough time to start up merging the FABs.

Amendment  5

Proposal for a regulation – amending act

Recital 13 a (new)

Text proposed by the Commission

Amendment

 

(13a) There should be cooperation between neighbouring FAB initiatives, in order to facilitate the further merger of FABs into the SES.

Justification

The simple agreements for establishing FABs by 2012 at the latest will delay the operating Single European Sky, for which FABs are only an intermediate step. Moreover, the deployment of SESAR from 2014 onwards should be made directly on the Single Sky basis, rather than on functional airspace blocks basis, to avoid unnecessary duplication of costs. From 2012 onwards, until the end of 2013, there is enough time to start up merging the FABs.

Amendment  6

Proposal for a regulation – amending act

Recital 13 b (new)

Text proposed by the Commission

Amendment

 

(13b) There should be a renewed commitment between civil and military authorities with a view to achieving the SES.

Justification

In the light of the modifications brought by the present regulation, the renewal of the civil – military agreement signed in 2004 is seen as necessary.

Amendment  7

Proposal for a regulation – amending act

Recital 13 c (new)

Text proposed by the Commission

Amendment

 

(13c) To facilitate high level agreements and to find the best solutions for overcoming challenges in the establishment of FABs, the Commission should assign a senior political figure to act as Functional Airspace Block System Coordinator. The Coordinator should act without prejudice to the tasks and activities of the Single Sky Committee.

Justification

Following the successful model of the TEN-T priority projects, the appointment of a Functional Airspace Blocks System Coordinator will actually speed up their implementation as well as merging them in future. The Coordinator should be a senior political figure rather than a technician, in order to try to achieve a political consensus among Member States.

Amendment  8

Proposal for a regulation – amending act

Recital 14

Text proposed by the Commission

Amendment

(14) If the improvement of performance, in particular the implementation of the ATM Master Plan exceeds the resources currently available, provisions should be made to finance common projects.

(14) If the improvement of performance, in particular the implementation of the ATM Master Plan exceeds the resources currently available, provisions should be made to finance common projects. These additional financial resources should be made available with a view to financing common projects, aimed at assisting airspace users and/or air navigation service providers to improve collective air navigation infrastructure, the provision of air navigation services and the use of airspace, in particular those projects that may be required for the implementation of functional airspace blocks and of the ATM Master Plan. These additional financial resources could be made available through TEN-T funding, EIB grants, and auctioning revenues from the integration of aviation into the Emission Trading Scheme.

Amendment  9

Proposal for a regulation – amending act

Recital 14 a (new)

Text proposed by the Commission

Amendment

 

(14a) The rapid development of SESAR is essential to the creation of the single European sky. In that connection, Eurocontrol should be required to account to the European Parliament for its contribution to the funding of SESAR.

Justification

Funding for SESAR must be guaranteed in order to avoid problems similar to those which have affected the funding of GALILEO. SESAR funding is split equally between the EU, Eurocontrol and the undertakings (€ 700 million each). The EU has already transferred its share of the funding and Eurocontrol should therefore now provide information about its share in the form of contributions in kind.

Amendment  10

Proposal for a regulation – amending act

Recital 17

Text proposed by the Commission

Amendment

(17) A European Flight Information Region (EFIR) encompassing the airspace under the responsibility of the Member States should facilitate common planning and integrated operations in order to overcome regional bottlenecks.

(17) A European Flight Information Region (EFIR) encompassing the airspace under the responsibility of the Member States should facilitate common planning and integrated operations in order to overcome local and regional bottlenecks.

Justification

More precise wording.

Amendment  11

Proposal for a regulation – amending act

Recital 21 a (new)

Text proposed by the Commission

Amendment

 

(21a) The planned reform of Eurocontrol should take place before the entry into force of this Regulation.

Justification

The planned reform of Eurocontrol should be achieved before the actual implementation of the SES II provisions, in order to ensure real independence for those parts of Eurocontrol which may be entrusted with different tasks under this regulation.

Amendment  12

Proposal for a regulation – amending act

Recital 21 b (new)

Text proposed by the Commission

Amendment

 

(21b) The planned reform of Eurocontrol should be conducted in a way which should ensure that the European tasks entrusted to Eurocontrol under the SES Regulations are compatible with and do not contradict other aspects of its work related to its tasks and competences as an international organisation.

Justification

The Commission should clarify properly its enhanced cooperation with Eurocontrol in order to implement its policies. A first step towards achieving this could be a framework agreement, which shall take into account the pan-European nature of the organisation.

Amendment  13

Proposal for a regulation – amending act

Recital 22

Text proposed by the Commission

Amendment

(22) Adequate measures should be introduced to improve the effectiveness of air traffic flow management in order to assist existing operational units, including the Eurocontrol Central Flow Management Unit, to ensure efficient flight operations. Furthermore, the Commission communication on an action plan for airport capacity, efficiency and safety in Europe highlights the need to ensure consistency between flight plans and airport slots.

(22) Adequate measures should be introduced to improve the effectiveness of air traffic flow management in order to assist existing operational units, including the Eurocontrol Central Flow Management Unit, to ensure efficient flight operations. Furthermore, the Commission communication on an action plan for airport capacity, efficiency and safety in Europe highlights the need to ensure suitable coherence between flight plans and airport slots.

Justification

Besides safety and efficiency, the proposal aims at improving predictability. In this respect, a form of coordination between flight plans and airport slots is seen as mandatory.

Amendment  14

Proposal for a regulation – amending act

Recital 23 a (new)

Text proposed by the Commission

Amendment

 

(23a) Consistency between ATM and airport capacity is vital for the success and efficiency of the single European sky. The Eurocontrol ‘Challenges of Growth 2008’ study highlights that there remains a significant airport capacity challenge that needs to be addressed. Even with airports making the best possible use of existing capacity, Europe will continue to face shortages in ground capacity in the long term. In this regard, the EU Observatory on Airport Capacity is key to providing Member States with the objective information they need in order to implement policies required to align airport capacity with ATM capacity, without prejudice to their competence in this area.

Amendment  15

Proposal for a regulation – amending act

Recital 26

Text proposed by the Commission

Amendment

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

(26) The measures necessary for the implementation of this Regulation should be adopted in accordance with Council Decision 1999/468/EC laying down the procedures for the exercise of implementing powers conferred on the Commission, within a suitable timeframe in order to meet the deadlines set down in the SES Regulations.

Justification

Implementing rules are the actual means of putting the legislation to proper use. Therefore, the implementing rules should be presented within a suitable timeframe with a view to complying with the deadlines laid down in the present regulations. The Commission should come up, as soon as possible, and no later than a month after the entry into force of the present regulation, with a consistent roadmap for the actual elaboration of the implementing rules, having regard to their priority and interconnections.

Amendment  16

Proposal for a regulation – amending act

Recital 26 a (new)

Text proposed by the Commission

Amendment

 

(26a) The timeframe should be decided by the Commission within 30 days of the entry into force of this Regulation.

Justification

Implementing rules are the actual means of putting the legislation to proper use. Therefore, the implementing rules should be presented within a suitable timeframe with a view to complying with the deadlines laid down in the present regulations. The Commission should come up, as soon as possible, and no later than a month after the entry into force of the present regulation, with a consistent roadmap for the actual elaboration of the implementing rules, having regard to their priority and interconnections.

Amendment  17

Proposal for a regulation – amending act

Article -1 (new)

Text proposed by the Commission

Amendment

 

Article -1

 

The implementation of this regulatory framework shall be scheduled in full accordance with the development of the SESAR project with a view to creating the SES before the start of the third phase of SESAR, the deployment phase.

Justification

The deployment of SESAR from 2014 onwards should be made directly on the Single Sky basis, rather than on a functional airspace blocks basis, to avoid unnecessary duplication of costs. In this respect, efforts should be made to create the Single Sky in alignment with the development phase of SESAR.

Amendment  18

Proposal for a regulation – amending act

Article 1 – point 2 -point -a (new)

Regulation (EC) No 549/2004

Article 2 - point -a (new)

 

Text proposed by the Commission

Amendment

 

(-a) The following point -a shall be inserted:

 

(-a) "right of transit" shall mean the right for air carriers in respect of international air services to fly across the territory of a country without landing in accordance with Article 15 of the Chicago Convention.

Justification

It is necessary to establish a mechanism for the EU to be able to act in cases when the third country (Russia) charges the EU air carriers for overflights of its territory and this charging is illegal as it contravenes international agreements (the Chicago Convention) the respective country is signatory to. This mechanism is also essentially needed when the third country concerned proposes unacceptably long transition period for abolishing or just modernising overflight charge. As the EU carriers are placed under long-term discriminatory conditions by these illegal transit charges, the EU should be able to take reciprocal measures by denying or limiting transit over its territory for one or more air carriers of the third country concerned, in order to motivate the third country to remove above-mentioned charges or payments.

Amendment  19

Proposal for a regulation – amending act

Article 1 – point 2 - point c a (new)

Regulation (EC) No 549/2004

Article 2 – point 15

 

Text proposed by the Commission

Amendment

 

(ca) Article 2, point 15 is amended as follows:

 

15. ‘certificate’ means a document issued by a Member State or a European body, in any form, complying with European and national law, which confirms that an air navigation service provider meets the requirements for providing a specific service;

Justification

There will be a transition period between the entry into force of the present regulation and the entry into force of certain provisions of regulation 216/2008 (the EASA regulation as amended via COM 390/2008). The suggested modification takes into account the need to adapt to this transition.

Amendment  20

Proposal for a regulation – amending act

Article 1 – point 2 - point e a (new)

Regulation (EC) No 549/2004

Article 2 – point 23 a (new)

 

Text proposed by the Commission

Amendment

 

(ea) The following point 23a shall be inserted:

 

23a. 'flight information service' means a service provided for the purpose of giving advice and information useful for the safe and efficient conduct of flights;

Justification

The proposed modification is in line with the ICAO definitions.

Amendment  21

Proposal for a regulation – amending act

Article 1 – point 2 - point e b (new)

Regulation (EC) No 549/2004

Article 2 – point 23 b (new)

 

Text proposed by the Commission

Amendment

 

(eb) The following point 23b shall be inserted:

 

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

Justification

The proposed modification is in line with the ICAO definitions.

Amendment  22

Proposal for a regulation – amending act

Article 1 – point 2 - point f

Regulation (EC) No 549/2004

Article 2 – point 25

 

Text proposed by the Commission

Amendment

25. 'functional airspace block' means an airspace block based on operational requirements and established regardless of State boundaries, where the provision of air navigation services and related ancillary functions are optimised and/or integrated;

25. 'functional airspace block' means an airspace block based on operational requirements and established regardless of State boundaries, where the provision of air navigation services and related ancillary functions are optimised, integrated and performance-driven, under the responsibility of an air navigation service provider, through enhanced international cooperation between Member States and between Member States and third countries;

Justification

The suggested modification reinforces the need to take into account the performance targets as set up in Article 11. Moreover, it underlines the commitment of the Member States to speed up the establishment of FABs as an intermediate step with a view to achieving the Single European Sky.

Amendment  23

Proposal for a regulation – amending act

Article 1 – point 2 - point f a (new)

Regulation (EC) No 549/2004

Article 2 – point 25 a (new)

 

Text proposed by the Commission

Amendment

 

(fa) The following point 25a shall be inserted:

 

(25a) 'functional independence' in relation to an institution, body or organisation means that it can take autonomous decisions, independently from any body, and has autonomy in the implementation of its budget, and has adequate human and financial resources to carry out its duties, and exercises its powers impartially and transparently;

Justification

Member States previously agreed with the idea of granting   "functional independence" for national agencies and supervisory authorities in other fields (i.e. telecommunications, energy and gas markets). The same approach should apply for the aviation system. Member States having already established their NSAs over the past 4 years, the regulations should concentrate on the achievement of functional independence with a view to avoiding conflicts of interests, and of further clarification over the procedures for nomination of a joint NSA. If NSAs are not granted with at least functional independence, their cooperation in the framework of the present legislation will be slow,, if not impossible.

Amendment  24

Proposal for a regulation – amending act

Article 1 – point 2 - point f b (new)

Regulation (EC) No 549/2004

Article 2 – point 36a (new)

 

Text proposed by the Commission

Amendment

 

(fb) The following point 36a shall be inserted:

 

(36a) 'Single European Sky' means a coherent pan-European network of routes, route management and air traffic management systems based on efficiency and technical considerations only and not on national or regional boundaries, where the provision of air navigation services and related ancillary functions are fully optimised and integrated through functional airspace blocks, for the benefit of airspace users;

Justification

The obstacles that hampered the creation of the Single Sky arose mainly from the different interpretations of the "single European sky". The Single European Sky means political commitment for unity and cooperation based on common technical requirements and, on the long term, on common technologies, equipment, designs and procedures. In this respect, a clear definition of the outcome is required.

Amendment  25

Proposal for a regulation – amending act

Article 1 – point 3

Regulation (EC) No 549/2004

Article 4 – paragraph 1

 

Text proposed by the Commission

Amendment

1. Member States shall, at their choice, jointly or individually, nominate or establish a body or bodies as their national supervisory authority in order to assume the tasks assigned to such authority under this Regulation and under the measures referred to in Article 3(1).

1. Member States shall, jointly or individually, nominate or establish a body or bodies as their national supervisory authority in order to assume the tasks assigned to such authority under this Regulation and under the measures referred to in Article 3(1).

Justification

More appropriate wording.

Amendment  26

Proposal for a regulation – amending act

Article 1 – point 3

Regulation (EC) No 549/2004

Article 4 – paragraph 3

 

Text proposed by the Commission

Amendment

3. Member States shall ensure that the national supervisory authorities exercise their powers impartially and transparently. They shall also ensure that the staff of the national supervisory authorities and the persons responsible for their management act independently, impartially and transparently.

3. Member States shall ensure that the national supervisory authorities exercise their powers independently and transparently. They shall also ensure that the staff of the national supervisory authorities and the persons responsible for their management act independently, impartially and transparently. This independence shall be achieved by implementing appropriate management and control mechanisms.

Justification

We want to introduce the word "independently" of the NSA on the exercise of its duty but taking into account national regulations.

Amendment  27

Proposal for a regulation – amending act

Article 1 – point 5

Regulation (EC) No 549/2004

Article 6

 

Text proposed by the Commission

Amendment

Without prejudice to the role of the Committee and of Eurocontrol, the Commission shall establish an 'industry consultation body', to which air navigation service providers, associations of airspace users, airports, the manufacturing industry and professional staff representative bodies shall belong. The role of this body shall be to advise the Commission on the implementation of the single European sky.

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

Justification

The suggested modification underlines the advisory role of ICB.

Amendment  28

Proposal for a regulation – amending act

Article 1 - point 5 a (new)

Regulation (EC) No 549/2004

Article 7

 

Text proposed by the Commission

Amendment

 

(5a) Article 7 is amended as follows

 

The Community shall aim at and support the extension of the SES to countries which are not members of the European Union. To that end, it shall endeavour, either within the framework of agreements concluded with neighbouring third countries [...], within the context of Eurocontrol, or within FAB agreements, to extend the scope of this Regulation, and of the measures referred to in Article 3, to those countries.

Justification

The Single European Sky should contain the seeds for a broader openness thus for further development and it should constitute a model for our international partners, being a step-by-step approach with a view to achieving a wider objective, the Global Single Sky. The extension of the Single European Sky to third countries should be made also via FABS.

Amendment  29

Proposal for a regulation – amending act

Article 1 – point 6

Regulation (EC) No 549/2004

Article 8 - paragraph 2

 

Text proposed by the Commission

Amendment

2. For the development of implementing rules the Commission may issue mandates to Eurocontrol setting out the tasks to be performed and the timetable for this. In this connection, it shall endeavour to make best use of the arrangements of Eurocontrol for the involvement and consultation of all interested parties, where these arrangements correspond to Commission practices on transparency and consultation procedures and do not conflict with its institutional obligations. The Commission shall act in accordance with the procedure referred to in Article 5(2).

2. For the development of implementing rules the Commission may issue mandates to Eurocontrol or to another body, setting out the tasks to be performed and the timetable for this, fully in accordance with priorities and with a view to complying with the deadlines laid down in this Regulation, in consultation with the Industry Consultation Body (ICB), the Sectoral Dialogue Committee (SDC), and other interested parties, where these arrangements correspond to Commission practices on transparency and consultation procedures and do not conflict with its institutional obligations. The Commission shall act in accordance with the procedure referred to in Article 5(2).

Justification

The suggested modification takes into account the need for proper consultation among stakeholders, and underlines the role of the Industry Consultation Body and of Sectoral Dialogue. Moreover, it brings clarifies that the implementing rules could be prepared by different organisations.

Amendment  30

Proposal for a regulation – amending act

Article 1 - point 6

Regulation (EC) No 549/2004

Article 8 - paragraph 4 - introductory part

 

Text proposed by the Commission

Amendment

4. The Commission may, acting in accordance with the procedure referred to in Article 5(3), adopt alternative measures to achieve the objectives of the mandate concerned:

4. The Commission may, acting in accordance with the procedure referred to in Article 5(3), issue mandates to another body:

Justification

The suggested modification takes into account the need for proper consultation among stakeholders, and underlines the role of the Industry Consultation Body and of Sectoral Dialogue. Moreover, it brings clarifies that the implementing rules could be prepared by different organisations.

Amendment  31

Proposal for a regulation – amending act

Article 1 – point 6

Regulation (EC) No 549/2004

Article 8 - paragraph 4 - point b

 

Text proposed by the Commission

Amendment

(b) if the Commission, in consultation with the Committee, considers that:

(iii) if the Commission, in consultation with the ICB, SDC and other interested parties, considers that:

Justification

The suggested modification takes into account the need for proper consultation among stakeholders, and underlines the role of the Industry Consultation Body and of Sectoral Dialogue. Moreover, it brings clarifies that the implementing rules could be prepared by different organisations.

Amendment  32

Proposal for a regulation – amending act

Article 1 – point 6

Regulation (EC) No 549/2004

Article 8 - paragraph 5

 

Text proposed by the Commission

Amendment

5. The Commission shall act in accordance with the procedure referred to in Article 5(3):

deleted

(a) when the Commission decides not to issue a mandate to Eurocontrol under paragraph 2, or

 

(b) when the implementing rules to be adopted fall outside the remit of Eurocontrol.'

 

Justification

The suggested modification takes into account the need for proper consultation among stakeholders, and underlines the role of the Industry Consultation Body and of Sectoral Dialogue. Moreover, it brings clarifies that the implementing rules could be prepared by different organisations.

Amendment  33

Proposal for a regulation – amending act

Article 1 - point 7

Regulation (EC) No 549/2004

Article 10 - paragraph 2 - indent 2

 

Text proposed by the Commission

Amendment

- all groups of airspace users,

- airspace users or groups of airspace users,

Justification

In line with the definition of the Airspace users. It includes military authorities.

Amendment  34

Proposal for a regulation – amending act

Article 1 - point 8

Regulation (EC) No 549/2004

Article 11

 

Text proposed by the Commission

Amendment

1. To improve the performance of air navigation services and network functions in the single European sky, the Commission shall set up a performance scheme. The scheme shall include the following elements in particular:

1. To improve the performance of air navigation services and network functions in the single European sky, and after having consulted the stakeholders referred to in Article 10, a performance scheme for air navigation services and network functions shall be set up. It shall include:

(a) periodic review, monitoring and benchmarking of performance of air navigation services and network functions as well as ad-hoc studies to deal with specific issues;

(a) Community-wide performance targets on appropriate key performance areas including safety, environment, capacity and cost-efficiency;

(b) procedures and responsibilities for collection, validation, examination, evaluation and dissemination of data related to performance of air navigation services and network functions from all relevant parties, including airport operators, airport coordinators, air navigation service providers, airspace users, national supervisory authorities, Member States and Eurocontrol;

(b) national or regional performance plans, including performance targets, ensuring consistency with the Community-wide performance targets; and

(c) appropriate key performance areas on the basis of ICAO Document N° 9854 'Global Air Traffic Management Operational Concept'**, adapted where necessary in order to take into account the specific needs of the single European sky and relevant objectives for these areas;

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

(d) key performance indicators for measuring performance and set targets;

 

(e) setting of Community-wide performance targets, their respective reference period covering a minimum of three years and a maximum of five years and appropriate convergence criteria in accordance with the procedure referred to in Article 5(3);

 

(f) criteria for the national supervisory authorities' preparation of national or regional performance plans. These plans shall in particular:

 

- be based on the business plans of the service providers;

 

- address all the cost components of the national or regional cost base;

 

- include binding performance targets consistent with the Community-wide performance targets;

 

- be subject to consultation with air navigation service providers, airspace users' representatives, airport operators and airport coordinators;

 

(g) criteria and procedures for the assessment, approval, monitoring and enforcement of the national or regional performance plans, including:

 

(i) assessment by the Commission of the national or regional performance plans to ensure that at least they collectively meet the Community-wide targets;

 

(ii) approval by the Commission of the national or regional performance plans, in accordance with the procedure referred to in Article 5(3);

 

(iii) monitoring of the implementation of the national or regional performance plans, including appropriate alert mechanisms;

 

(iv) assessment of the achievement of the performance targets annually and at the end of the reference period and setting of new targets for the next reference period;

 

(v) corrective measures, including appropriate incentives and/or disincentives, to be applied by Member States in the event that the national or regional targets are not met yearly or at the end of the reference period.

 

2. Without prejudice to the role of the Committee, the Commission may designate Eurocontrol or another competent public entity to act as a 'performance review body'. The role of the performance review body shall be to assist the Commission in the implementation of the performance scheme referred to in paragraph 1. The Commission shall ensure that the performance review body acts independently when carrying out the tasks entrusted to it by the Commission.

2. In accordance with the procedure referred to in Article 5(3), the Commission may designate Eurocontrol or an appropriately qualified independent entity to act as a 'performance review body'. The role of the performance review body shall be to assist the Commission, in coordination with the NSAs, and to assist the NSAs on request, in the implementation of the performance scheme referred to in paragraph 1. The Commission shall ensure that the performance review body acts independently when carrying out the tasks entrusted to it by the Commission.

3. The Commission shall adopt detailed implementing rules for this Article in accordance with Article 8.'

3. (a) The Community-wide performance targets for ANSPs and network functions shall be adopted by the Commission in accordance with the procedure referred to in Article 5(2), after taking into account the relevant inputs from NSAs at national or regional level.

 

(b) The national or regional plans referred to in 1(b) shall be drawn up by NSAs.These plans shall include binding national or regional targets and an appropriate incentive scheme as adopted by the Member State(s). Drawing up of the plans shall be subject to consultation with air navigation service providers, airspace users’ representatives, and, where relevant, airport operators and airport coordinators.

 

(c) The Commission shall adopt the national or the regional plans according to the procedure referred to in Article 5(2), ensuring consistency of the national or regional targets with the Community - wide performance targets.

 

Where the Commission finds that national or regional performance targets and appropriate measures are not adequate, it may decide, in accordance with the procedure referred to in Article 5(2), that the concerned NSA(s) shall take corrective measures. Such corrective measures shall be notified to the Commission and approved in accordance with the procedure referred to in Article 5(2).

 

(d) A reference period shall cover a minimum of three years and a maximum of five years. Achievement of the performance targets shall be assessed annually and at the end of the reference period and new targets shall be set for the next reference period. The first reference period shall cover the period until 2011. During this period, in the event that the national or regional targets are not met, the Member States and/or the NSAs shall apply the corrective measures, according to Article 11 , paragraph 3 c.

 

(e) The Commission shall perform regular assessments of the achievement of the performance targets and present the results to the Single Sky Committee.

 

4. The following procedures shall apply to the performance scheme referred to in paragraph 1:

 

(a) collection, validation, examination, evaluation and dissemination of relevant data related to performance of air navigation services and network functions from all relevant parties, including air navigation service providers, airspace users, airport operators, national supervisory authorities, Member States and the Performance Review Body;

 

(b) selection of appropriate key performance areas on the basis of ICAO Document N° 9854 'Global Air Traffic Management Operational Concept', harmonised with the Performance Framework of the 'ATM Master Plan' including safety, environment, capacity and cost-efficiency areas, adapted where necessary in order to take into account the specific needs of the single European sky and relevant objectives for these areas and definition of a limited set of key performance indicators for measuring performance;

 

(c) establishment of Community-wide performance targets that shall be defined taking into consideration inputs identified at national level or at the level of functional airspace blocks;

 

(d) monitoring of the national or regional performance plans, including appropriate alert mechanisms.

 

(e) the introduction of "just culture" principles.

 

The Commission may add further procedures to the list referred to in this paragraph. These measures designed to amend non-essential elements of this Regulation, by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny (reference to Article).

 

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

 

6. For the detailed functioning of the performance scheme, the Commission shall adopt, within a suitable timeframe with a view to complying with the deadlines laid down in this Regulation, implementing rules in accordance with the procedure referred to in Article 8. These implementing rules shall cover the following .

 

(a) the content and timetable of the procedures referred to in paragraph 4;

 

(b) the reference period and intervals for the assessment of the achievement of performance targets and setting of new targets;

 

(c) criteria for the setting up by the national supervisory authorities of the national or regional performance plans, containing the national or regional performance targets and the incentive scheme shall:

 

i) be based on the business plans of the ANSPs;

 

ii) address all cost components of the national or regional cost base;

 

iii) include binding performance targets consistent with the Community-wide performance targets;

 

(d) criteria to assess whether the national or regional targets are consistent with the Community wide performance targets during the reference period;

 

(e) general principles for the setting up by Member States, at national and at regional levels, of the incentive scheme for air navigation service providers;

 

(f) appropriate alert mechanism for monitoring of the implementation of the national or regional performance plans;

Or. en

Amendment  35

Proposal for a regulation – amending act

Article 1 – point -9 (new)

Regulation (EC) No 549/2004

Article 12 – paragraph 2

 

Text proposed by the Commission

Amendment

 

(-9) Article 12, paragraph 2 is amended as follows:

 

2. The Commission shall periodically review the application of this Regulation and of the measures referred to in Article 3, and shall first report to the European Parliament and to the Council 18 months after the entry into force of this Regulation, and every year thereafter. For this purpose, the Commission may request from the Member States information additional to the information contained in the reports submitted by them in accordance with paragraph 1.

Justification

More appropriate timeframe.

Amendment  36

Proposal for a regulation – amending act

Article 2 – point -1 (new)

Regulation (EC) No 550/2004

Article 2 – paragraph 2

 

Text proposed by the Commission

Amendment

 

(-1) In Article 2, paragraph 2 is replaced by the following:

 

2. To this end, each national supervisory authority shall organise proper inspections and surveys, including checks on the requisite staffing levels, to verify compliance with the requirements of this Regulation. The air navigation service provider concerned shall facilitate such work.

Justification

Previous cases have shown that staff shortages in the air navigation sector can give rise to safety risks.

Amendment  37

Proposal for a regulation – amending act

Article 2 – point -4 (new)

Regulation (EC) No 550/2004

Article 7 – paragraph 3

 

Text proposed by the Commission

Amendment

 

(-4) Article 7, paragraph 3 is amended as follows:

 

3. National supervisory authorities shall issue certificates to air navigation service providers where they comply with the common requirements referred to in Article 6. Certificates shall be issued individually for each type of air navigation service as defined in Article 2 of the framework Regulation, even in the case of a bundle of such services,[...] where a provider of air traffic services, whatever its legal status, operates and maintains its own communication, navigation and surveillance systems. The certificates shall be checked on a regular basis.

Justification

The suggested modification is meant to insure a high quality of services for those air navigation service providers that provide a bundle of services. A common certificate may allow ANSPs to disregard quality in some parts of their activities, thus threatening overall safety.

Amendment  38

Proposal for a regulation – amending act

Article 2 – point 5

Regulation (EC) No 550/2004

Article 8 – paragraph 1 - subparagraph 2

 

Text proposed by the Commission

Amendment

A Member State shall not refuse to designate an air traffic service provider on the grounds that its national legal system requires that air traffic service providers providing services in airspace under the responsibility of that Member State:

2. For the provision of cross-border services, Member States shall ensure that compliance with this article and Article 10(3) is not prevented by their national legal system requiring that air traffic service providers providing services in the airspace be under the responsibility of that Member State:

Justification

The imposition of legal national limitations for the provision of cross-border services could suppose a barrier to the development of the Single European Sky.

Amendment  39

Proposal for a regulation – amending act

Article 2 – point 5 - point a a (new)

Regulation (EC) No 550/2004

Article 8 – paragraph 2

 

Text proposed by the Commission

Amendment

 

(aa) paragraph 2 shall be replaced by the following:

 

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

Justification

More appropriate wording.

Amendment  40

Proposal for a regulation – amending act

Article 2 – point 5 - point a b (new)

Regulation (EC) No 550/2004

Article 8 – paragraph 3

 

Text proposed by the Commission

Amendment

 

(ab) paragraph 3 shall be replaced by the following:

 

3. Member States have discretionary powers in choosing an air traffic service provider, on condition that the latter fulfils the requirements and conditions referred to in Articles 6 and 7.

Justification

More appropriate wording.

Amendment  41

Proposal for a regulation – amending act

Article 2 – point 6

Regulation (EC) No 550/2004

Article 9a – paragraph 1

 

Text proposed by the Commission

Amendment

1. Member States shall take all necessary measures in order to ensure the establishment of functional airspace blocks as soon as possible and at the latest by the end of 2012 with a view to achieving maximum capacity and efficiency of the air traffic management network within the single European sky and maintaining a high level of safety and contributing to the overall performance of the air transport system and a reduced environmental impact. Member States shall cooperate with each other to the fullest extent possible in order to ensure compliance with this provision.

1. The Commission and the Member States shall take all necessary measures in order to ensure the implementation of functional airspace blocks at the latest by the end of 2011 with a view to achieving optimum capacity and efficiency of the air traffic management network within the single European sky and maintaining a high level of safety and contributing to the overall performance of the air transport system, fully consistent with the performance scheme, and a reduced environmental impact. Member States shall cooperate with each other as well as, as may be the case, with third countries to the fullest extent possible, and particularly with the neighbouring FABs, in order to ensure compliance with this provision.

 

 

Amendment  42

Proposal for a regulation – amending act

Article 2 – point 6

Regulation (EC) No 550/2004

Article 9a – paragraph 1 a (new)

 

Text proposed by the Commission

Amendment

 

1a. In order to facilitate the accomplishment of the SES through FABs, the Commission shall appoint a senior political figure as Functional Airspace Blocks System Coordinator (the Coordinator).

Justification

Following the successful model of the TEN-T priority projects, the appointment of a Functional Airspace Blocks System Coordinator will actually speed up their implementation as well as their future merger. The Coordinator should be a senior political figure rather than a technician, in order to try to establish a political consensus among Member States.

Amendment  43

Proposal for a regulation – amending act

Article 2 – point 6

Regulation (EC) No 550/2004

Article 9a – paragraph 1 b (new)

 

Text proposed by the Commission

Amendment

 

1b. The Coordinator shall be appointed by the Commission in agreement with the Member States, and after having consulted the European Parliament.

Justification

The appropriate inter-institutional consultation mechanisms should be followed.

Amendment  44

Proposal for a regulation – amending act

Article 2 – point 6

Regulation (EC) No 550/2004

Article 9a – paragraph 1 c (new)

 

Text proposed by the Commission

Amendment

 

1c. The main role of the Coordinator shall be to facilitate high-level agreements, and to find the best solutions for overcoming difficulties in order to speed up the establishment of FABs, the coordination between FABs, and to ensure proper harmonisation and consistency of the FABs with the provisions of this Regulation.

Justification

Following the successful model of the TEN-T priority projects, the appointment of a Functional Airspace Blocks System Coordinator will actually speed up their implementation as well as their future merger. The Coordinator should be a senior political figure rather than a technician, in order to try to establish a political consensus among Member States.

Amendment  45

Proposal for a regulation – amending act

Article 2 – point 6

Regulation (EC) No 550/2004

Article 9a – paragraph 1 d (new)

 

Text proposed by the Commission

Amendment

 

1d. The Coordinator shall report directly to the Commission and will work in close cooperation with the Single Sky Committee, Eurocontrol, the Performance Review Body and the EASA.

Justification

Following the successful model of the TEN-T priority projects, the appointment of a Functional Airspace Blocks System Coordinator will actually speed up their implementation as well as their future merger. The Coordinator should be a senior political figure rather than a technician, in order to try to establish a political consensus among Member States.

Amendment  46

Proposal for a regulation – amending act

Article 2 – point 6

Regulation (EC) No 550/2004

Article 9a – paragraph 2 - point c a (new)

 

Text proposed by the Commission

Amendment

 

(ca) be consistent with the performance targets as laid down in Article 11 of the framework Regulation and subsequent legislation;

Justification

Insures consistency with the provisions for the performance scheme.

Amendment  47

Proposal for a regulation – amending act

Article 2 – point 6

Regulation (EC) No 550/2004

Article 9a – paragraph 3

 

Text proposed by the Commission

Amendment

3. A functional airspace block shall only be established by mutual agreement between all the Member States who have responsibility for any part of the airspace included in the functional airspace block, or by a declaration of one Member State if the airspace included in the block is wholly under its responsibility. Before establishing a functional airspace block the Member State(s) concerned shall provide the Commission, the other Member States and other interested parties with adequate information in order to assess its conformity with the criteria referred to in paragraph 2 and give them an opportunity to submit their observations.

3. A functional airspace block shall only be established by mutual agreement between all the Member States and, where appropriate, third countries who have responsibility for any part of the airspace included in the functional airspace block. Before establishing a functional airspace block the Member State(s) concerned shall provide the Commission, the Coordinator, the other Member States and other interested parties with adequate information in order to assess its conformity with the criteria referred to in paragraph 2 and give them an opportunity to submit their observations.

Justification

A single Member State cannot create a FAB. On the other hand, FABs could include third countries.

Amendment  48

Proposal for a regulation – amending act

Article 2 – point 6

Regulation (EC) No 550/2004

Article 9a – paragraph 5

 

Text proposed by the Commission

Amendment

5. Where difficulties arise between two or more Member States with regard to a cross-border functional airspace block that concerns airspace under their responsibility, the Member States concerned may jointly bring the matter to the Single Sky Committee for an opinion. The opinion shall be addressed to the Member States concerned. Without prejudice to paragraph 3, the Member States shall take this opinion into account in order to find a solution.

5. Where difficulties arise between two or more Member States with regard to a cross-border functional airspace block that concerns airspace under their responsibility, the Member States concerned may jointly bring the matter to the Coordinator. The Coordinator shall initiate meetings with all interested parties in order to reach an agreement and shall report to the Commission on the outcome of the meetings, with appropriate recommendations. The recommendations shall be addressed also to the Member States concerned. Without prejudice to paragraph 3, the Member States shall take the recommendations into account in order to find a solution.

Justification

In line with all the above, clarifications as for the tasks of the Coordinator.

Amendment  49

Proposal for a regulation – amending act

Article 2 - point 6 a (new)

Regulation (EC) No 550/2004

Article 11

 

Text proposed by the Commission

Amendment

 

(6a) Article 11 is amended as follows:

 

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

Justification

In the light of the modifications brought by the present regulation, the renewal of the civil – military agreement signed in 2004 is seen as necessary.

Amendment  50

Proposal for a regulation – amending act

Article 2 – point 9 – point a – point i

Regulation (EC) No 550/2004

Article 15 – paragraph 2 – point a

 

Text proposed by the Commission

Amendment

'(a) The cost to be shared among airspace users shall be the determined cost of providing air navigation services, including appropriate amounts for interest on capital investment and depreciation of assets, as well as the costs of maintenance, operation, management and administration;'

'(a) the cost to be shared among airspace users shall be the determined cost of providing air navigation services, including appropriate amounts for interest on capital investment and depreciation of assets, as well as the costs of maintenance, operation, management and administration; the determined costs shall be derived from the performance targets set in accordance with Article 11 of the framework Regulation and shall contribute to the cost efficiency of providing air navigation services as provided for in Article 14 of this Regulation;'

Justification

As stated in article 11 of Regulation of Framework Regulation 549/2004 and Article 14 of Regulation 550/2004 the charging scheme should be cost efficient provided that performance targets are met.

Amendment  51

Proposal for a regulation – amending act

Article 2 – point 9 - point a - point ii

Regulation (EC) No 550/2004

Article 15 – paragraph 2 - point b a (new)

 

Text proposed by the Commission

Amendment

 

(ba) In respect of the FABs, Member States shall agree, through the framework agreement, on a convergence scheme towards reaching a single charge which is in accordance with the performance scheme.

Justification

Charges would be consistent with commonly agreed convergence criteria at first within FABs and later on within the entire Single European Sky.

Amendment  52

Proposal for a regulation – amending act

Article 2 – paragraph 9 - point b - subpoint ii

Regulation (EC) No 550/2004

Article 15 – paragraph 3 – point b a

 

Text proposed by the Commission

Amendment

(ba) charges shall be set per calendar year and cover at least a three year period, up to maximum five years;

(ba) charges shall be set per calendar year and cover at least a three year period, up to maximum five years, in accordance with the performance targets as well as aspects contributing to the cost structure of the service provided;

Amendment  53

Proposal for a regulation – amending act

Article 2 – point 9 – point b – point iii

Regulation (EC) No 550/2004

Article 15 – paragraph 3 – point c

 

Text proposed by the Commission

Amendment

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

'(c) Air navigation services may produce sufficient revenues to provide for a reasonable return on assets to contribute towards necessary capital improvements, provided agreed performance targets are met;'

Justification

Revenues generated by air navigation services may include a reasonable return on assets but this will only happen if performance targets are met.

Amendment  54

Proposal for a regulation – amending act

Article 2 – point 9 - point b - point iv

Regulation (EC) No 550/2004

Article 15 – paragraph 3 - point e

 

Text proposed by the Commission

Amendment

(e) charges shall encourage the safe, efficient, effective and sustainable provision of air navigation services with a view to a high level of safety and cost-efficiency and shall stimulate integrated service provision. To that end, and in relation to the national or regional performance plans, national supervisory authorities may set up mechanisms, including incentives consisting of financial advantages and disadvantages, to encourage air navigation service providers and/or airspace users to support improvements in the provision of air navigation services such as increased capacity, reduced delays and sustainable development, while maintaining an optimum safety level.

(e) charges shall encourage the safe, efficient, effective, and sustainable provision of air navigation services with a view to meeting the performance targets, and shall stimulate integrated service provision. To that end, and in relation to the national or regional performance plans, national supervisory authorities may set up mechanisms, including incentives consisting of financial advantages and penalties, to encourage air navigation service providers to meet their performance targets.

Justification

Insures consistency.

The imposition of financial incentives to deliver improved performance should not be directed at airspace users. The objectives of delivering improved performance in the context of the Single European Sky should be targeted towards monopoly service providers. Consequently, financial advantages and penalties should be used to incentivise service providers to meet performance targets.

Amendment  55

Proposal for a regulation – amending act

Article 2 – point 9 - point c

Regulation (EC) No 550/2004

Article 15 – paragraph 4

 

Text proposed by the Commission

Amendment

4. The Commission may decide, in accordance with the procedure referred to in Article 5(3) of the framework Regulation, that charges shall be used to finance common projects designed to assist specific categories of airspace users and/or air navigation service providers in order to improve collective air navigation infrastructures, the provision of air navigation services and the use of airspace, in particular those that may be required for the implementation of the ATM Master Plan. Such decisions shall identify the common project and specify in particular the timetable for implementation, the cost to be charged to airspace users and its allocation amongst Member States.

4. Common projects shall be designed to assist airspace users and/or air navigation service providers in order to improve collective air navigation infrastructure, the provision of air navigation services and the use of airspace, in particular those projects that may be required for the establishment of FABs and for the implementation of the ATM Master Plan. The Commission shall propose financial resources including Trans European Network funding, European Investment Bank grants, and auctioning revenues from the integration of aviation in the Emission Trading Scheme with a view to financing common projects, especially for speeding up the implementation of SESAR, within the multiannual financial framework. The Commission may also decide, in accordance with the procedure referred to in Article 5(3) of the framework Regulation, and with the principles of cost efficiency as laid down in Article 11 of the framework Regulation, that the costs of common projects may be recovered partly through charges. Such decisions shall identify the common project and specify in particular the timetable for implementation, the cost to be charged to airspace users and its allocation amongst Member States, avoiding duplication in costs and charges. Before taking a decision, the Commission shall carry out an independent cost-benefit analysis and substantive consultation aiming, to the greatest extent possible, at reaching agreement with service providers and airspace users. The costs of common projects shall be subject to comprehensive and transparent accounting.

Amendment  56

Proposal for a regulation – amending act

Article 2 – point 12

Regulation (EC) No 550/2004

Article 18 – paragraph 1

 

Text proposed by the Commission

Amendment

1. Neither the national supervisory authorities, acting in accordance with their national legislation, nor the Commission shall disclose information of a confidential nature.

1. Neither the national supervisory authorities, acting in accordance with their national legislation, nor the Commission, nor the Coordinator shall disclose information of a confidential nature.

Justification

Insures consistency throughout the text.

Amendment  57

Proposal for a regulation – amending act

Article 2 – point 12

Regulation (EC) No 550/2004

Article 18 – paragraph 2

 

Text proposed by the Commission

Amendment

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

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

Justification

Insures consistency throughout the text.

Amendment  58

Proposal for a regulation – amending act

Article 2 – point 13

Regulation (EC) No 550/2004

Article 18a – paragraph 1

 

Text proposed by the Commission

Amendment

1. As part of the periodical review referred to in Article 12(2) of the framework Regulation and no more than four years after the entry into force of this Regulation, the Commission shall finalise a prospective study on the conditions for the future application of market principles to the provision and designation of services in the fields of communication, navigation, surveillance, meteorology and aeronautical information.

1. The Commission shall take all necessary measures to ensure the application of market principles to the provision and designation of services in the fields of communication, navigation, surveillance, meteorology and aeronautical information no later than by the end of 2010.

Justification

There is no logical reason why the Commission should wait four years before finalising a study to investigate this area. It is common knowledge that the application of market principles to these services is possible already today. It is only appropriate, therefore, to immediately introduce competition for these services. This will lead to reduced cost and increased quality of service.

Amendment  59

Proposal for a regulation – amending act

Article 3 – point 2

Regulation (EC) No 551/2004

Article 3 – paragraph 1

 

Text proposed by the Commission

Amendment

1. The Community and the Member States shall request ICAO to establish and recognise a single European Flight Information Region (EFIR). To this end, for matters which fall within the competence of the Community, the Commission shall, if necessary, submit a recommendation to the Council in accordance with Article 300 of the Treaty at the latest by [….].

1. The Community and the Member States shall request ICAO to establish and recognise a single European Flight Information Region (EFIR). To this end, for matters which fall within the competence of the Community, the Commission shall, if necessary, submit a recommendation to the Council in accordance with Article 300 of the Treaty at the latest by 31 December 2012.

Justification

It should be presumed that by the end of 2012, FABs will be created and functional, and their merger on the right track, therefore the Commission, as well as the Member States, will have a precise picture about all the States involved.

Amendment  60

Proposal for a regulation – amending act

Article 3 – point 6

Regulation (EC) No 551/2004

Article 6 – paragraph 2 – point b

 

Text proposed by the Commission

Amendment

(b) coordination and allocation of scarce resources, in particular radio frequencies and radar transponder codes;

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

Amendment  61

Proposal for a regulation – amending act

Article 3 – point 6

Regulation (EC) No 551/2004

Article 6 – paragraph 2 – point c

 

Text proposed by the Commission

Amendment

(c) additional functions for the ATM network, as defined in the ATM Master Plan.

(c) additional functions for the ATM network, as defined in the ATM Master Plan, including air traffic flow management.

Amendment  62

Proposal for a regulation – amending act

Article 3 – point 6

Regulation (EC) No 551/2004

Article 6 – paragraph 2 - subparagraph 2

 

Text proposed by the Commission

Amendment

The Commission may, under its own control and responsibility, entrust to Eurocontrol tasks relating to the execution of the above functions, which do not involve the adoption of binding measures of a general scope or the exercise of political discretion. These tasks shall be executed in an impartial and cost-effective manner; taking into consideration the needs of the whole ATM network and with the full involvement of the airspace users and air navigation service providers.

The Commission may, under its own control and responsibility and in line with the principle of subsidiarity, entrust to Eurocontrol or another body, tasks relating to the execution of the above functions, which do not involve the adoption of binding measures of a general scope or the exercise of political discretion. These tasks shall be executed with the full involvement of the airspace users and air navigation service providers, in an impartial and cost-effective manner; with a view to meeting the performance targets, taking into consideration the needs of the whole ATM network and airspace user-preferred trajectories. When establishing the network management function, the Commission shall ensure that the principle of separating regulatory from operational tasks is complied with. To this end, each individual function and its associated responsibilities shall be precisely differentiated and classified at every level (EU, regional/FAB, national). Those functions with a European dimension that are classified as ‘operational’ shall be performed in close cooperation with the industry partners who shall also be consulted in the case of regulatory functions.

Amendment  63

Proposal for a regulation – amending act

Article 3 – point 6

Regulation (EC) No 551/2004

Article 6 – paragraph 5

 

Text proposed by the Commission

Amendment

5. Other aspects of airspace design than those referred to in paragraph 2 shall be dealt with at national or regional level. This design process shall take into account traffic demands and complexity and include full consultation of all groups of airspace users concerned.

5. Other aspects of airspace design than those referred to in paragraph 2 shall be dealt with at national or regional level. This design process shall take into account traffic demands and complexity, shall be consistent with the national or regional performance plans and include full consultation of all airspace users or groups of airspace users concerned.

Justification

Insures consistency throughout the text.

Amendment  64

Proposal for a regulation – amending act

Article 3 – point 6

Regulation (EC) No 551/2004

Article 6 – paragraph 6

 

Text proposed by the Commission

Amendment

6. Member States shall entrust Eurocontrol with the performance of air traffic flow management as specified in an implementing rule adopted in accordance with the procedure referred to in Article 5(3) of the framework regulation and in conformity with the requirements laid down by the Commission pursuant to Article 9.

6. Member States shall entrust a reformed Eurocontrol or another competent and independent body, subject to appropriate oversight arrangements, with the performance of air traffic flow management as specified in an implementing rule adopted in accordance with the procedure referred to in Article 5(3) of the framework regulation and in conformity with the requirements laid down by the Commission pursuant to Articles 9 and 11.

Justification

Insures consistency throughout the text.

Whilst Eurocontrol is well placed to provide flow management at present it may not be the case in the long term.


EXPLANATORY STATEMENT

The SES initiative(1) was launched in 2000 and brought ATM under the common transport policy.

A lot has happened since. Enlargement policy, together with an active neighbourhood policy, has extended the European aviation market to 37 countries. The expanding single aviation market is turning the EU into a global player.

The general impression is that SES has not delivered the expected results in some important areas. In general, the FAB approach is not generating the benefits hoped for in terms of improved flight efficiency, cost reduction and 'de-fragmentation'.

Little progress is noted in the overall efficiency of the design and use of the European route structure, with consequently no improvement in flight efficiency or environmental impact.

Airspace users and passengers all pay unnecessary costs for inefficiencies in the aviation chain, in time, fuel burn and money.

The competitiveness of European air transport industry needs a full system approach: common vision, objectives and technologies, based on a solid regulatory framework.

In this respect, he Commission has put forward a package of proposals(2).

- The four SES regulations need to be amended to introduce a performance framework with quantified target setting.

- The extension of EASA competences to cover all links in the aviation safety chain will improve safety.

- The endorsement of the ATM Master Plan to speed up technological innovation.

- The airport action plan to tackle capacity in the air and on the ground.

THE COMMISSION PROPOSAL

Content: The Proposal(3) amending SES I introduces several enhancements to the original legislation, including binding performance targets for air navigation service providers, a European network management function to ensure convergence between national networks and deadlines for Member States to improve performance, initially through FABs.

The main elements of the proposal are: Independence of NSAs; Enhanced involvement of social partners; an improved performance system; harmonized safety requirements; speeding up FABs; transparency of the charging scheme; a Single European Flight Information Region; Harmonized availability of aeronautical information; Rules on the air and airspace classifications; a System approach on network design, network management and technology deployment; and comitology.

RAPPORTEUR 'S COMMENTS

The Rapporteur believes that the revision of the SES legislative framework and the system approach based on 4 pillars is necessary.

The Rapporteur notes the broad consensus among stakeholders. Except for some negative feedback from the Unions, and some reservation from Member States, all actors involved expressed their support for the SES II package as a whole.

The Rapporteur is aware that there are no major technical or scientific obstacles to the creation of SES. Moreover, it can be achieved without safety being compromised. This slow process of integration comes from the different ways in which SES is understood. That is why the Rapporteur is suggesting a clear definition of this principle.

The Rapporteur is convinced that the Commission’s proposal addresses properly the needs and expectations of the citizens.  Moreover, it will help in achieving the ambitious European environmental targets.

Meanwhile, European manufacturing industry will gain from being at the forefront of innovation in ATM technology.

The Rapporteur is keen for this central political aim to remain intact and asks legisalators to do their best in compromising over details so that the main political objectives are met

The Rapporteur believes that rather than an ambitious top-down approach, a coherent broad consensus is yet the best way to achieve the Single Sky.

However, some elements of the Commission's proposal are unclear and may be improved:

a) Independence of NSAs - the NSAs should be guaranteed at least functional independence and sufficient resources. The Rapporteur emphasises that Member States have already agreed with the idea of granting   "functional independence" for national agencies and supervisory authorities in other different fields (i.e. telecommunications, energy and gas markets) and suggests the same approach for the aviation system.

b) Enhanced involvement of all parties – cooperation at political, social and technical levels is essential in order to achieve the objective of SES. Therefore, the new SES framework has to go beyond the EU Model - seen as unity of values with a diversity of systems -  and to validate as soon as possible a sound unique technological system (SESAR) to back up the common objective. The Commission should ensure the full support and commitment of all interested parties, especially the Social Dialogue, in order to ensure social peace. 

c) Improved performance system: The Performance Scheme is a key element, alongside with the deadline for the implementation of FABs.

The Rapporteur believes the Commission should centre its attention primarily on setting up quantifiable, achievable Community-wide targets. These targets should focus on addressing all sensitive areas such as safety, environment, capacity and cost-effectiveness.

Based on the Euro-zone model, the Commission and the Member States should agree on national and regional (at FAB level) targets, united with the Community-wide targets via convergence criteria. This approach needs European supervision and a harmonized European system of incentives and disincentives. Corrective measures should be envisaged, and they should be harmonized, effective, proportional and persuasive.

An independent performance review body shall monitor and assess the performance of the system.

It is the Rapporteur’s view that, Eurocontrol could become PRB, as it is already performing many similar activities. But the governance of this organization encompasses European Union and non EU states. This is, on one hand, positive , having regard to the future development of the SES but, for the moment, it raises genuine questions concerning the legal framework, possible divergence of EU – non-EU interests, organization’s impartiality and, overall, its independence, as well as with regard to the independence of its potential sub-elements.

The Rapporteur believes that the planned reform of Eurocontrol should take place before the entry into force of the provisions of the present regulations, and it should be conducted in such a way that would ensure full independence in the governance of different sub-elements, and prevent incompatibilities between the European tasks and other aspects related to its attributions as an international organisation.

d) Safety As air traffic continues to grow, an initiative for a full system approach in the field of safety is needed to keep air transport safe and sustainable. EASA will be therefore entrusted with the oversight of the safety of the entire aviation system.

e) Clear provisions for the establishment of operating FABs by 2012 should be agreed . FABs are only a means to an end, and their uncoordinated implementation would add unnecessary costs to the achievement of the SES. Therefore the Rapporteur is proposing to include additional provisions in order to facilitate further incorporation of the existing and potential FABs into the SES, in full consistency with the performance scheme. They are essential in the step-by-step process of spreading the European vision, principles and requirements towards neighbouring third countries. 

The appointment of a senior political figure as FAB System Coordinator will facilitate the implementation of FABs as well as to their further merger.

Military involvement and commitment should be renewed.

f) Charging scheme: The Rapporteur strongly supports the transparency of charges. The determined costs should be consistent with convergence criteria based on the performance scheme and agreed upon, primarily within FABs and later on within the entire SES.

Particular attention should be paid to common projects. A commonly agreed mechanism for additional financial resources within the existing European financial frameworks should be set up, based on the successful model of the TEN-T priority projects.

g) System approach on network design, network management and technology deployment:

* Eurocontrol shall be entrusted with the actual design of a harmonized route network, according to the Community-wide, national and regional performance targets.

* TFM: besides safety and efficiency, the proposal should aim at improving reliability.

h) Implementing rules: The Rapporteur believes that the implementing rules should be presented within a suitable timeframe, and asks for a consistent roadmap for the actual elaboration of the implementing rules, having regard to their priority and interconnections.

Against this background, the Rapporteur suggests that all parties should commit themselves to align political commitments to the technological framework and to speed up the process of establishing the Single European Sky in full consistency with the development phase of SESAR, with a view to being able to receive, from 2014 onwards, the full benefits of its deployment phase.

(1)

Regulations (EC) No 549/2004, 550/2004 , 551/2004, 552/2004.

(2)

COM 388/2008, COM 389/2008, COM 390/2008.

(3)

COM 388/2008.


OPINION of the Committee on Industry, Research and Energy (3.12.2008)

for the Committee on Transport and Tourism

on the proposal for a regulation of the European Parliament and of the Council amending Regulations (EC) No 549/2004, (EC) No 550/2004, (EC) No 551/2004 and (EC) No 552/2004 in order to improve the performance and sustainability of the European aviation system

(COM(2008)0388 – C6-0250/2008 – 2008/0127(COD))

Rapporteur: Teresa Riera Madurell

SHORT JUSTIFICATION

European air transport

With more than 700 million passengers per year(1), increasing number of air carriers and expanding passenger/freight capacity, European air transport has been set on a consistent upward trend of a dynamic development growing on average at 5% annually with air traffic predicted to almost double by 2020.

An associated development to high growth in air transport is an overload to the European air traffic system manifested in growing flight delays, bottlenecks in a strained airport capacity, ensuing financial burden, greater negative effect on the environment as well as increased risk to safety in that domain.

Single European Sky - first package (1999-2004)

In spite of the obvious Member State interdependence in air transport, airspace is an area where European integration has been slow to materialise and bring in the benefits of the Single Market. The first package of the Single European Sky (SES) adopted in March 2004 was designed to reform essential elements of the European air traffic system in view of addressing:

· capacity;

· operating costs;

· CO2 emissions and environmental impact, and

· safety;

Single European Sky - second package (2008 - ~)

While the launch of the SES has been a major breakthrough, the implementation of its provisions has not brought in tangible results. Persistent fragmentation means cost inefficiency with an annual price tag to European passengers and airlines of EUR 3.8 billion. By comparison to the US, the EU has half the annual flights yet is twice as expensive to run.

Given the still poor results of the SES, a revision of the initial design is necessary and could not come at a more critical time given ever rising fuel prices and growing financial burden on airlines with bankruptcies already making the news in 2008.

The main task of the second package to the SES is to introduce additional measures that will reinforce and drive what was put in place:

· Performance scheme with set quantified targets;

· Completion of the Functional Airspace Blocks (FABs) by 2012;

· Efficient and modern European air traffic management through implementing the Air Traffic Management (ATM) Master Plan;

· Enhanced safety through consolidating safety responsibilities in a single entity - the European Aviation Safety Agency (EASA);

Main points

Your draftswoman welcomes the second package to the SES widely supporting the overall set of measures proposed believing that the stress on actual implementation is paramount in order to deliver much needed results. The Commission's current proposal does treat the shortcomings of the first package with the right intensity. However, these could be supplemented with some further emphasis on particular points.

The reform of the European air traffic system is essential in bringing about greater levels of safety, cost efficiency and environmental protection in air transport in the EU. The European air transport should be better prepared to face an increasingly competitive market at the same time being as safe and environmentally sustainable as possible. In addition, the role of innovative technologies is indisputably central to achieving efficiency and meeting the proposed performance targets for which reason the continued support for and implementation of SESAR should be firmly sustained. Further research should be consistently encouraged and supported at EU and Member State level in order for European air transport to stay competitive and be a global leader.

To this end, your draftswoman calls upon all Member States to stay committed to the SES initiative and work towards its successful completion and future performance. Thus the role of public funding should be acknowledged and not out ruled especially with regards the implementation of the indispensable ATM Master Plan which will require significant resources upfront.

The draftswoman believes in the constructive input and involvement of all affected European industry stakeholders, whose improved performance much depends on the accomplishment of the SES. Therefore, she supports the enhanced role for industry in the Commission's proposal and further calls for industry consultation at all stages of planning, decision-making and execution of the SES.

Furthermore, given the strengthened involvement of industry in the ATM, it is essential to clearly identify which ATM functions are the responsibility of Community regulators and which of industry, with the latter being comprehensibly informed about their role and tasks.

With regards to provision and designation of services in the fields of communication, navigation, surveillance, meteorology, aeronautical information as well as training, it is believed that greater safety should be the ultimate guiding principle as well as cost-efficiency and better quality and not the untested assumption that liberalisation will deliver on these points.

Finally, the draftswoman supports an enhanced role for EASA and believes that the new provisions of the SES must go in the right direction by providing a real meaning and making proper use of an existing Community agency that currently functions below its capacity and is best positioned to streamline overall activities in the field of safety.

AMENDMENTS

The Committee on Industry, Research and Energy calls on the Committee on Transport and Tourism, as the committee responsible, to incorporate the following amendments in its report:

Amendment  1

Proposal for a regulation – amending act

Recital 12

Text proposed by the Commission

Amendment

(12) It should be clarified that Member States may not refuse to designate an air navigation service provider on the grounds that it is established in another Member State or is owned by nationals of that Member State.

deleted

Justification

This addition is at odds both with Article 87d of the German Basic Law and Article 8(3) of SES Regulation 550/2004. The latter states that Member States have discretionary powers in choosing a service provider. The new version of Article 8(1) substantially reduces these discretionary powers and introduces an element of competition in the designation of the air traffic services providers which Recital (5) of the Regulation specifically states should not apply.

Amendment  2

Proposal for a regulation – amending act

Article 1 – point 1 a (new)

Regulation (EC) No 549/2004

Article 1 – paragraph 3 a (new)

 

Text proposed by the Commission

Amendment

(1a) In Article 1, the following paragraph 3a shall be inserted:

 

'3a. The application of this Regulation and the measures referred to in Article 3 shall follow a "bottom-up" approach where air navigation service providers have the right and obligation of initiative with the appropriate involvement, from the beginning of the process, of staff and civil and military users;'

Justification

Definition given by ATM Social Partners in their full consolidated report on the establishment of FABs.

Amendment  3

Proposal for a regulation – amending act

Article 1 – point 6

Regulation (EC) No 549/2004

Article 8 – paragraph 1

 

Text proposed by the Commission

Amendment

1. The Commission shall adopt implementing rules where expressly provided in this Regulation or in the Regulations referred to in Article 3, or where it is otherwise necessary in order to achieve the objectives of those Regulations.

1. After consulting the Industry Consultation Body and the Sectoral Dialogue Committee, the Commission shall adopt implementing rules where expressly provided in this Regulation or in the Regulations referred to in Article 3, or where it is otherwise necessary in order to achieve the objectives of those Regulations.

Amendment  4

Proposal for a regulation – amending act

Article 1 – Point 6

Regulation (EC) No 549/2004

Article 8 – paragraph 2

 

Text proposed by the Commission

Amendment

2. For the development of implementing rules the Commission may issue mandates to Eurocontrol setting out the tasks to be performed and the timetable for this. In this connection, it shall endeavour to make best use of the arrangements of Eurocontrol for the involvement and consultation of all interested parties, where these arrangements correspond to Commission practices on transparency and consultation procedures and do not conflict with its institutional obligations. The Commission shall act in accordance with the procedure referred to in Article 5(2).

2. For the development of implementing rules the Commission may issue mandates to a reformed Eurocontrol or another competent and independent institution setting out the tasks to be performed and the timetable for this. In this connection, it shall endeavour to make best use of the arrangements of Eurocontrol for the involvement and consultation of all interested parties, where these arrangements correspond to Commission practices on transparency and consultation procedures and do not conflict with its institutional obligations. The Commission shall act in accordance with the procedure referred to in Article 5(2).

Justification

In order to ensure that industry retains the necessary oversight of and control over the functions related to the provision of services, it is of key importance that Eurocontrol should be reformed.

Amendment  5

Proposal for a regulation – amending act

Article 1 – point 7 – point b

Regulation (EC) No 549/2004

Article 10 – subparagraph 3

 

Text proposed by the Commission

Amendment

'Consultation of stakeholders shall cover, in particular, the development and introduction of new concepts and technologies in the EATMN and shall include mechanisms for appropriate involvement of the specific Sectoral Dialogue Committee, set up under Commission Decision 98/500/EC*.'

'Consultation of stakeholders shall cover, in particular, the development and introduction of new concepts and technologies in the EATMN. In addition, the Commission shall establish consultation mechanisms for appropriate involvement of the Sectoral Dialogue Committee on all relevant issues and in particular on those which, in the implementation of the single European sky, may have social consequences.'

Amendment  6

Proposal for a regulation – amending act

Article 1 – point 8

Regulation (EC) No 549/2004

Article 11 – paragraph -1 (new)

 

Text proposed by the Commission

Amendment

-1. The Commission shall ensure that the governance of the air navigation service providers is consistent with a performance based system, through an appropriate level of management autonomy and accountability.

Amendment  7

Proposal for a regulation – amending act

Article 1 – point 8

Regulation (EC) No 549/2004

Article 11 – paragraph 1

 

Text proposed by the Commission

Amendment

1. To improve the performance of air navigation services and network functions in the single European sky, the Commission shall set up a performance scheme. The scheme shall include the following elements in particular:

1. To improve the performance of air navigation services and network functions in the single European sky, and after consulting the stakeholders referred to in Article 10, the Commission shall set up a performance scheme. The scheme shall include the following elements in particular:

Justification

Before setting up the performance scheme, the principle of the consultation must be clearly mentioned in the regulation.

Amendment  8

Proposal for a regulation – amending act

Article 1 – point 8

Regulation (EC) No 549/2004

Article 11 – paragraph 1 – point f – indent 4

 

Text proposed by the Commission

Amendment

- be subject to consultation with air navigation service providers, airspace users' representatives, airport operators and airport coordinators;

- be subject to consultation with air navigation service providers, airspace users' representatives, airport operators, airport coordinators and professional organisations;

Justification

Before setting up the performance scheme, the principle of the consultation must be clearly mentioned in the regulation.

Amendment  9

Proposal for a regulation – amending act

Article 1 – Point 8

Regulation (EC) No 549/2004

Article 11 – paragraph 2

 

Text proposed by the Commission

Amendment

2. Without prejudice to the role of the Committee, the Commission may designate Eurocontrol or another competent public entity to act as a 'performance review body'. The role of the performance review body shall be to assist the Commission in the implementation of the performance scheme referred to in paragraph 1. The Commission shall ensure that the performance review body acts independently when carrying out the tasks entrusted to it by the Commission.

2. Without prejudice to the role of the Committee, the Commission may designate Eurocontrol or another competent public entity to act as a 'performance review body'. The role of the performance review body shall be to assist the Commission in the implementation of the performance scheme referred to in paragraph 1. The Commission shall ensure that the performance review body acts independently when carrying out the tasks entrusted to it by the Commission, that the different conditions under which the individual aviation safety organisations perform are adequately taken into account and that staff with the relevant expertise are appointed to the review body. This concerns particularly the possession of adequate expertise concerning operational procedures. However, final decision-taking and monitoring powers shall always remain with the national supervisory authorities or the Commission.

Justification

Specific national performance characteristics must be taken into account in establishing the performance scheme and the performance review body and in determining the assessment methods (for example, various degrees of complexity of airspace). In order to assess these specific characteristics properly, operationally well trained staff are needed in the body. The latter must not develop into a supervisory authority, but must restrict itself to a 'review function' and consulting the Commission in order to leave ultimate responsibility with the Member States.

Amendment  10

Proposal for a regulation – amending act

Article 1 – point 8

Regulation (EC) No 549/2004

Article 11 – paragraph 3 a (new)

 

Text proposed by the Commission

Amendment

3a. The Commission shall ensure that the performance review body is independent and that it has appropriate expertise, and consultation and appeal mechanisms.

Amendment  11

Proposal for a regulation – amending act

Article 2 – point 2

Regulation (EC) No 550/2004

Article 4

 

Text proposed by the Commission

Amendment

(2) Article 4 is replaced by the following:

deleted

'Article 4

 

Safety requirements

 

The Commission shall, in accordance with the procedure referred to in Article 5(3) of the framework Regulation, adopt implementing rules incorporating the relevant provisions of the Eurocontrol safety regulatory requirements (ESARRs) and subsequent amendments to those requirements falling within the scope of this Regulation, where necessary with appropriate adaptations and improvements.'

 

Justification

Keeping original wording of Article 4.

In line with the Commission's proposal COM(2008)390, the scope of the European Aviation Safety Agency (EASA) should be extended to cover ATM and aerodrome safety regulation.

Accordingly, EASA should replace Eurocontrol's Safety Regulatory Unit and ESARRs will be replaced with implementing rules under the EASA framework.

In order to ensure a smooth transition, the EASA implementing rules should initially be based on ESARRs.

Amendment  12

Proposal for a regulation – amending act

Article 2 – point 3 a (new)

Regulation (EC) No 550/2004

Article 7 – paragraph 3

 

Text proposed by the Commission

Amendment

 

(3a) In Article 7, paragraph 3 shall be replaced by the following:

 

'3. National supervisory authorities shall issue certificates to air navigation service providers where they comply with the common requirements referred to in Article 6. Certificates shall be issued individually for each type of air navigation service as defined in Article 2 of the framework Regulation. Certificates shall be issued individually even in the case of a bundle of services, where a provider of air traffic services, whatever its legal status, operates and maintains its own communication, navigation and surveillance systems. The certificates shall be checked on a regular basis.'

Amendment  13

Proposal for a regulation – amending act

Article 2 – point 5 – point a

Regulation (EC) No 550/2004

Article 8 – paragraph 1

 

Text proposed by the Commission

Amendment

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

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

A Member State shall not refuse to designate an air traffic service provider on the grounds that its national legal system requires that air traffic service providers providing services in airspace under the responsibility of that Member State:

 

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

 

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

 

(c) use only facilities in that Member State.'

 

Justification

This addition is at odds both with Article 87d of the German Basic Law and Article 8(3) of SES Regulation 550/2004. The new version of Article 8(1) substantially reduces these discretionary powers and introduces an element of competition in the designation of the air traffic services providers which Recital (5) of the Regulation specifically states should not apply. This addition does not ensure that this provision must be applied by each Member State, since the new version of Article 8, paragraph 1, refers to the corresponding 'national legal system'.

Amendment  14

Proposal for a regulation – amending act

Article 2 – point 9 – point a – point i

Regulation (EC) No 550/2004

Article 15 – paragraph 2 – point a

 

Text proposed by the Commission

Amendment

'(a) The cost to be shared among airspace users shall be the determined cost of providing air navigation services, including appropriate amounts for interest on capital investment and depreciation of assets, as well as the costs of maintenance, operation, management and administration;'

'(a) the cost to be shared among airspace users shall be the determined cost of providing air navigation services, including appropriate amounts for interest on capital investment and depreciation of assets, as well as the costs of maintenance, operation, management and administration; the determined costs shall be derived from the performance targets set in accordance with Article 11 of the framework Regulation and shall contribute to the cost efficiency of providing air navigation services as provided for in Article 14 of this Regulation;'

Justification

As stated in article 11 of Regulation of Framework Regulation 549/2004 and Article 14 of Regulation 550/2004 the charging scheme should be cost efficient provided that performance targets are met.

Amendment  15

Proposal for a regulation – amending act

Article 2 – point 9 – point a – point ii a (new)

Regulation (EC) No 550/2004

Article 15 – paragraph 2 – point b a (new)

 

Text proposed by the Commission

Amendment

 

(iia) the following point (ba) shall be inserted:

 

'(ba) with respect to functional airspace blocks, charges shall be set in accordance with convergence criteria related to cost-effectiveness, with a view to reaching a single charge which is fully consistent with regional business plans;'

Amendment  16

Proposal for a regulation – amending act

Article 2 – point 9 – point b – point iii

Regulation (EC) No 550/2004

Article 15 – paragraph 3 – point c

 

Text proposed by the Commission

Amendment

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

'(c) Air navigation services may produce sufficient revenues to provide for a reasonable return on assets to contribute towards necessary capital improvements, provided agreed performance targets are met;'

Justification

Revenues generated by air navigation services may include a reasonable return on assets but this will only happen if performance targets are met.

Amendment  17

Proposal for a regulation – amending act

Article 2 – point 9 – point c

Regulation (EC) No 550/2004

Article 15 – paragraph 4

 

Text proposed by the Commission

Amendment

4. The Commission may decide, in accordance with the procedure referred to in Article 5(3) of the framework Regulation, that charges shall be used to finance common projects designed to assist specific categories of airspace users and/or air navigation service providers in order to improve collective air navigation infrastructures, the provision of air navigation services and the use of airspace, in particular those that may be required for the implementation of the ATM Master Plan. Such decisions shall identify the common project and specify in particular the timetable for implementation, the cost to be charged to airspace users and its allocation amongst Member States.

deleted

Justification

This Article is incompatible with the ICAO principles and the objectives set by the Commission that charges should be levied in an objective, fair and transparent manner. Under the ICAO principles for ATC charges, airspace users should not be required to pre-finance joint projects in this connection.

Amendment  18

Proposal for a regulation – amending act

Article 2 – point 9 – point c a (new)

Regulation (EC) No 550/2004

Article 15 – paragraph 4 a (new)

 

Text proposed by the Commission

Amendment

 

(ca) the following paragraph 4a shall be inserted:

 

'4a. The Commission may review the existing European Financial Frameworks with a view to proposing additional financial resources for common projects, especially for speeding up the establishment of functional airspace blocks and for assisting air navigation service providers and airspace users during the deployment of SESAR.'

Amendment  19

Proposal for a regulation – amending act

Article 3 – point 6

Regulation (EC) No 551/2004

Article 6 – paragraph 1

 

Text proposed by the Commission

Amendment

1. The air traffic management (ATM) network shall allow optimum use of airspace and ensure that airspace users can operate preferred trajectories, while allowing maximum access to airspace and air navigation services.

1. The air traffic management (ATM) network shall allow optimum use of airspace and ensure that airspace users can operate preferred trajectories, where compatible with operational constraints, and while allowing maximum access to airspace and air navigation services.

Amendment  20

Proposal for a regulation – amending act

Article 3 – point 6

Regulation (EC) No 551/2004

Article 6 – paragraph 2 – subparagraph 1 – point c

 

Text proposed by the Commission

Amendment

(c) additional functions for the ATM network, as defined in the ATM Master Plan.

(c) additional functions for the ATM network, including flow management, as defined in the ATM Master Plan.

Amendment  21

Proposal for a regulation – amending act

Article 3 – point 6

Regulation (EC) No 551/2004

Article 6 – paragraph 2 – subparagraph 2

 

Text proposed by the Commission

Amendment

The Commission may, under its own control and responsibility, entrust to Eurocontrol tasks relating to the execution of the above functions, which do not involve the adoption of binding measures of a general scope or the exercise of political discretion. These tasks shall be executed in an impartial and cost-effective manner; taking into consideration the needs of the whole ATM network and with the full involvement of the airspace users and air navigation service providers.

The Commission may, under its own control and responsibility, having regard to, objectively and geographically, the most appropriate gain, in accordance with the subsidiarity principle, entrust to a reformed Eurocontrol, or another competent and independent entity, tasks relating to the execution of the above functions, which do not involve the adoption of binding measures of a general scope or the exercise of political discretion. These tasks shall be executed in an impartial, transparent and cost-effective manner; taking into consideration the needs of the whole ATM network and with the full involvement of the airspace users and air navigation service providers in the governance structure covering the execution of these functions.

 

In constructing the network management function, the Commission shall ensure the principle of a division between regulation and operational tasks. To this end a precise differentiation and classification of each individual function at each level (European Union, regional/functional airspace blocks, national) and the attendant responsibilities shall be carried out. Functions with a European dimension classified as 'operational’ shall always be performed under the guidance of the industrial partners, while the latter shall be consulted in the case of 'regulatory' functions.

Amendment  22

Proposal for a regulation – amending act

Article 3 – point 6

Regulation (EC) No 551/2004

Article 6 – paragraph 6

 

Text proposed by the Commission

Amendment

6. Member States shall entrust Eurocontrol with the performance of air traffic flow management as specified in an implementing rule adopted in accordance with the procedure referred to in Article 5(3) of the framework regulation and in conformity with the requirements laid down by the Commission pursuant to Article 9.'

6. Member States shall entrust a reformed Eurocontrol or another competent and independent body with the performance of air traffic flow management as specified in an implementing rule adopted in accordance with the procedure referred to in Article 5(3) of the framework Regulation and in conformity with the requirements laid down by the Commission pursuant to Article 9.'

Justification

Whilst Eurocontrol is well placed to provide flow management at present it may not be the case in the long term.

Amendment  23

Proposal for a regulation – amending act

Article 3 – point 7

Regulation (EC) No 551/2004

Article 9 – paragraph 3

 

Text proposed by the Commission

Amendment

(7) In Article 9, the following paragraph 3 is added:

deleted

'3. The implementing rules shall include consistency between flight plans and airport slots and the necessary coordination with adjacent regions.'

 

Justification

The use of the term 'airport slots' in this context is unclear. It implies a connection with Regulation (EEC) No 95/93. In the latter case it is, however, a strategic planning instrument and not an operational instrument (ATM). The measures introduced by Regulation (EEC) No 95/93 are effective and appropriate and any additional implementation rules are neither necessary nor justified.

PROCEDURE

Title

The performance and sustainability of the European aviation system

References

COM(2008)0388 – C6-0250/2008 – 2008/0127(COD)

Committee responsible

TRAN

Opinion by

       Date announced in plenary

ITRE

8.7.2008

 

 

 

Drafts(wo)man

       Date appointed

Teresa Riera Madurell

25.8.2008

 

 

Discussed in committee

18.9.2008

16.10.2008

 

 

Date adopted

2.12.2008

 

 

 

Result of final vote

+:

–:

0:

36

0

0

Members present for the final vote

Jan Březina, Jerzy Buzek, Jorgo Chatzimarkakis, Giles Chichester, Dragoş Florin David, Den Dover, Nicole Fontaine, Adam Gierek, Norbert Glante, David Hammerstein, Erna Hennicot-Schoepges, Mary Honeyball, Ján Hudacký, Werner Langen, Anne Laperrouze, Pia Elda Locatelli, Eluned Morgan, Antonio Mussa, Angelika Niebler, Reino Paasilinna, Aldo Patriciello, Miloslav Ransdorf, Vladimír Remek, Herbert Reul, Teresa Riera Madurell, Mechtild Rothe, Paul Rübig, Britta Thomsen, Claude Turmes, Nikolaos Vakalis, Adina-Ioana Vălean

Substitute(s) present for the final vote

Alexander Alvaro, Pierre Pribetich, John Purvis, Silvia-Adriana Ţicău, Vladimir Urutchev

(1)

738 million air passengers through EU-27 airports in 2006 - (EUROSTAT)


PROCEDURE

Title

The performance and sustainability of the European aviation system

References

COM(2008)0388 – C6-0250/2008 – 2008/0127(COD)

Date submitted to Parliament

25.6.2008

Committee responsible

       Date announced in plenary

TRAN

8.7.2008

Committee(s) asked for opinion(s)

       Date announced in plenary

ITRE

8.7.2008

 

 

 

Rapporteur(s)

       Date appointed

Marian-Jean Marinescu

15.7.2008

 

 

Discussed in committee

10.9.2008

4.11.2008

2.12.2008

 

Date adopted

8.12.2008

 

 

 

Result of final vote

+:

–:

0:

29

1

2

Members present for the final vote

Gabriele Albertini, Inés Ayala Sender, Paolo Costa, Michael Cramer, Luis de Grandes Pascual, Arūnas Degutis, Robert Evans, Emanuel Jardim Fernandes, Francesco Ferrari, Mathieu Grosch, Georg Jarzembowski, Sepp Kusstatscher, Eva Lichtenberger, Marian-Jean Marinescu, Erik Meijer, Luís Queiró, Reinhard Rack, Luca Romagnoli, Gilles Savary, Brian Simpson, Dirk Sterckx, Michel Teychenné, Silvia-Adriana Ţicău, Georgios Toussas

Substitute(s) present for the final vote

Philip Bradbourn, Jeanine Hennis-Plasschaert, Eleonora Lo Curto, Corien Wortmann-Kool

Substitute(s) under Rule 178(2) present for the final vote

Proinsias De Rossa, Giorgos Dimitrakopoulos, Jean-Paul Gauzès, Kyösti Virrankoski

Last updated: 5 February 2009Legal notice