Explanatory Memorandum to COM(2020)577 - Amendment of Regulation (EU) 2018/1139 as regards the capacity of the EU Aviation Safety Agency to act as Performance Review Body of the Single European Sky - Main contents
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| dossier | COM(2020)577 - Amendment of Regulation (EU) 2018/1139 as regards the capacity of the EU Aviation Safety Agency to act as Performance Review ... |
|---|---|
| source | COM(2020)577  |
| date | 22-09-2020 |
1. CONTEXTOFTHE PROPOSAL
• Reasons for and objectives of the proposal
The Single European Sky (SES) initiative aims to improve the overall efficiency of the way in which European airspace is organised and managed through a reform of the industry providing air navigation services (ANS).
The amended proposal for a Regulation of the European Parliament and of the Council on the implementation of the Single European Sky [COM(2020) 579] is aimed at updating, in light of experience, and recasting the current legislation regarding the Single European Sky. While the original objectives and principles of the proposal adopted by the Commission in 2013 [COM(2013) 410] remain the same, the amended proposal specifically focuses on accelerating the adaptation of the air navigation services in light of those principles and objectives.
One important element of the amendments proposed in this context consists in establishing a permanent Performance Review Body (PRB) function, to be exercised by the European Union Aviation Safety Agency (hereafter referred to as “the Agency”). The arrangements necessary for these purposes require that several amendments be made to Regulation (EU) 2018/1139, with a view to ensuring that the PRB functions are carried out with the necessary independence and expertise and with the required resources. Those amendments are set out in the present proposal.
The amended recast proposal referred to above and the present proposal should be considered as a single and consistent package.
• Consistency with existing policy provisions in the policy area
The Commission’s Aviation Strategy for Europe of 20151 called for the immediate adoption of the SES2+ proposal by the co-legislators. Together with the amendment to the SES2+ proposal [COM(2020) 579], the present proposal is fully in line with the overall strategy for this policy area and, in particular, is expected to enable progress on this legislative file.
• Consistency with other Union policies
This proposal represents the necessary complement to the amended proposal on SES2+. As such, it participates in the improvement of the performance of air navigation services which in turn contributes to the reduction of CO2 emissions in the aviation sector to digitalisation and more generally to the smooth functioning of the internal market, all of which are Commission priorities.
https://ec.europa.eu/transport/modes/air/aviation-strategy_en
2. LEGALBASIS, SUBSIDIARITYAND PROPORTIONALITY
• Legal basis
The legal basis for the proposed amendment is Article 100(2) of the Treaty on the Functioning of the European Union.
• Subsidiarity (for non-exclusive competence)
Article 100(2) of the Treaty on the Functioning of the European Union gives the Union the right to act in this area, which is one of shared competence.
Air traffic management, more specifically, has been covered since 2004 by Union law, which cannot be amended by Member States acting in their own right. On substance, and by nature, air traffic management affects the airspace of the entire European Union, and cross-border movements of persons, goods, services and capital are inherent to aviation.
As regards more specifically the amendments to Regulation (EU) 2018/1139, proposed herewith as a necessary component part of the package, such amendments can only be brought about by the Union and not by its Member States.
• Proportionality
The proposal does not go beyond what is necessary to achieve its objectives, namely to ensure that PRB functions are exercised with the necesssary independence and expertise and with the necessary resources. Its main elements are supported by the various inputs listed in Annex IV of the accompanying Staff Working Document.
• Choice of the instrument
The amendments proposed concern Regulation (EU) 2018/1139 and should therefore equally take the form of a Regulation, to be adopted by the European Parliament and of the Council under the ordinary legislative procedure. It should be presented separarately from the amended recast proposal [COM(2020) 579] since Regulation (EU) 2018/1139 is not among the acts to be recast.
3. RESULTS OF EX-POST EVALUATIONS, STAKEHOLDER CONSULTATIONSANDIMPACTASSESSMENTS
This proposal forms part and parcel of a package whose main element is the amended recast proposal figuring in document COM(2020) 579.
For the entirety of the package, reference is made, first, to the impact assessment already carried out by the Commission for the 2013 SES2+ proposal: SWD(2013) 206 final.
Second, the additional elements related to the PRB function have been assessed at present in SWD(2020) 187. Background are recommendations made in 2017 by the European Court of Auditors in the Special Report on the Single European Sky, and in the Report of the Wise Persons Group on the future of the Single European Sky in 2019. SWD(2020) 187 also takes
into account the calls for action contained in the joint stakeholder declaration signed during the high-level conference on the future of the Single European Sky in September 2019.
4. BUDGETARYIMPLICATIONS
The proposal has no implications on the Union budget. The proposed new “PRB” function is to be financed by fees and charges and administratively integrated into the Agency. A reserve fund covering one year of operational expenditure is proposed, in order to ensure the continuity of its operations and of the execution of its tasks. In addition, it is proposed to provide for annual contributions to be made by designated air traffic service providers concerned by the Agency’s tasks and powers as PRB, for the built up of the new function. Such annual contributions are proposed to be collected for five financial years following the entry into force of the amending Regulation, in order to cover the costs of setting up the new functions within the Agency.
All in all, the Union’s budget will not be affected.
5. OTHERELEMENTS
• Implementation plans and monitoring, evaluation and reporting arrangements
The amended recast proposal for an SES2+ Regulation [COM(2020) 579] provides in its draft Article 43 for an evaluation of the terms of that Regulation, to be conducted in 2030. That evaluation should cover in particular the performance of the PRB function, having regard to the underlying objectives. Logically, it should encompass the amendments proposed herewith.
• Detailed explanation of the specific provisions of the proposal
The rules proposed provide for a permanent structure dedicated to performance review, in order to ensure the necessary independence and expertise. In order to allow for a timely legal review, without prejudice to the competences of the Court of justice, it is proposed that decisions taken by the Agency acting as PRB be subject to appeal before a dedicated body of the Agency, i.e. the Appeal Board for Performance Review.
The solution whereby the PRB functions are exercised by the Agency, albeit through dedicated bodies and function holders, appears adequate also from a cost-efficiency point of view.
The Regulation proposed lays down the composition of and relevant requirements regarding the bodies and function holders provided for with a view to enabling the Agency to act as PRB. The tasks and powers to be conferred upon the Agency for these purposes are those laid down in the amended recast proposal [COM(2020) 579]. They include the assessment and approval of performance plans of designated air traffic service providers, the provision of advice to the Commission regarding the Network Performance Plan, the monitoring of performance, and the verification of unit rates of air traffic service providers.
In order to optimise the functioning of the Agency as a Performance Review Body, it would be desirable for the Union to convene with Eurocontrol the transfer of technical expertise and relevant performance-related data, possibly by amending the existing High-Level Agreement between the two parties.