Considerations on COM(2013)409 - Amendment of Regulation (EC) No 216/2008 in the field of aerodromes, air traffic management and air navigation services

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dossier COM(2013)409 - Amendment of Regulation (EC) No 216/2008 in the field of aerodromes, air traffic management and air navigation services.
document COM(2013)409 EN
date June 11, 2013
 
(1) In order to take into account the changes introduced in Regulation (EC) No 1108/2009 of the European Parliament and of the Council of 21 October 2009 amending Regulation (EC) No 216/2008 in the field of aerodromes, air traffic management and air navigation services and repealing Directive 2006/23/EC[8] and in Regulation (EC) No 1070/2009 amending Regulations (EC) No 549/2004, (EC) No 550/2004, (EC) No 551/2004 and (EC) No 552/2004 in order to improve the performance and sustainability of the European aviation system[9] , it is necessary to align the content of Regulation (EC) No 216/2008 of the European Parliament and of the Council of 20 February 2008 on common rules in the field of civil aviation and establishing a European Aviation Safety Agency with Regulation (EC) No 549/2004 of the European Parliament and of the Council of 10 March 2004 laying down the framework for the creation of the single European sky (the framework Regulation)[10], Regulation (EC) No 550/2004 of the European Parliament and of the Council of 10 March 2004 on the provision of air navigation services in the single European sky (the service provision Regulation)[11], Regulation (EC) No 551/2004 of the European Parliament and of the Council of 10 March 2004 on the organisation and use of the airspace in the single European sky (the airspace Regulation)[12] and Regulation (EC) No 552/2004 of the European Parliament and of the Council of 10 March 2004 on the interoperability of the European Air Traffic Management network (the interoperability Regulation)[13].

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

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

(4) In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers.

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

(6) Certain principles regarding the governance and operation of the Agency should be adapted to the Common Approach on EU decentralised agencies endorsed by the European Parliament, the Council and the Commission in July 2012

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