REPORT on the proposal for a Council regulation amending Regulation (EC) No 219/2007 on establishment of a Joint Undertaking to develop the new generation European air traffic management system (SESAR) as regards the extension of the Joint Undertaking until 2024

29.1.2014 - (COM(2013)0503 – C7‑0254/2013 – 2013/0237(NLE)) - *

Committee on Industry, Research and Energy
Rapporteur: Britta Thomsen

Amendments

Procedure : 2013/0237(NLE)

Document stages in plenary

Document selected :

A7-0062/2014

Texts tabled :

A7-0062/2014

Debates :

Votes :

PV 15/04/2014 - 8.32
Explanations of votes

Texts adopted :

P7_TA(2014)0372

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION
EXPLANATORY STATEMENT
OPINION of the Committee on Transport and Tourism
RESULT OF FINAL VOTE IN COMMITTEE

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

on the proposal for a Council regulation amending Regulation (EC) No 219/2007 on establishment of a Joint Undertaking to develop the new generation European air traffic management system (SESAR) as regards the extension of the Joint Undertaking until 2024

(COM(2013)0503 – C7‑0254/2013 – 2013/0237(NLE))

(Consultation)

The European Parliament,

– having regard to the Commission proposal to the Council (COM(2013)0503),

– having regard to Articles 187 and 188 of the Treaty on the Functioning of the European Union, pursuant to which the Council consulted Parliament (C7‑0254/2013),

– having regard to Rule 55 of its Rules of Procedure,

– having regard to the report of the Committee on Industry, Research and Energy and the opinion of the Committee on Transport and Tourism (A7-0062/2014),

1. Approves the Commission proposal as amended;

2. Calls on the Commission to alter its proposal accordingly, in accordance with Article 293(2) of the Treaty on the Functioning of the European Union;

3. Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament;

4. Asks the Council to consult Parliament again if it intends to substantially amend the Commission proposal;

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

Amendment 1

Proposal for a Regulation

Recital -1 (new)

Text proposed by the Commission

Amendment

(-1) Regulation (EU) No 1291/2013 of the European Parliament and of the Council¹^a ("Horizon 2020") seeks to achieve greater impact for research and innovation by combining funding under Horizon 2020 and private-sector funds in public-private partnerships in key areas where it is possible for research and innovation to contribute to the Union's wider competitiveness goals, to leverage private investment and to help tackle societal challenges. Those partnerships should be based on a long-term commitment, including a balanced contribution from all partners, be accountable for the achievement of their targets and be aligned with the Union's strategic goals relating to research, development and innovation. The governance and functioning of those partnerships should be open, transparent, effective and efficient and should give to a wide range of stakeholders active in the specific areas of those partnerships the opportunity to participate. It is possible for the involvement of the Union in those partnerships to take the form of financial contributions to joint undertakings established on the basis of Article 187 of the Treaty under Decision No 1982/2006/EC.

___________________

¹^a Regulation (EU) No° 1291/2013 of the European Parliament and of the Council of 11 December 2013 establishing Horizon 2020 - the Framework Programme for Research and Innovation (2014-2020) and repealing Decision No 1982/2006/EC (OJ L 347, 20.12.2013, p. 104).

Justification

This addition stresses the important principles that have been agreed on during the Horizon 2020 negotations regarding PPPs and what they should deliver. In line with Recital 40 of Framework programme

Amendment 2

Proposal for a Regulation

Recital -1 a (new)

Text proposed by the Commission

Amendment

(-1a) In accordance with Horizon 2020 and Council Decision 2013/743/EUCouncil^1a (the "Horizon 2020 Specific Programme"), support may be provided to joint undertakings established under Horizon 2020. Such support is subject to the conditions specified in Horizon 2020 and the Horizon 2020 Specific Programme, in particular those in Article 25 of Horizon 2020, as well as to full respect for the general principles laid down in Horizon 2020, and in particular the principles of open access and gender equality.

___________________

^1aCouncil Decision 2013/7438/EU of 3 December 2013 establishing the Specific Programme implementing Horizon 2020 - the Framework Programme for research and Innovation (2014-2020) and repealing Decisions 2006/971/EC, 2006/972/EC, 2006/973/EC, 2006/974/EC and 2006/975/EC (OJ L 347, 20.12.2013, p. 965).

Justification

A reference to the Framework and Specific Programme should be included, which is important to evidence the compliance with Article 25 of the Framework Programme and the principles stated there.

Amendment 3

Proposal for a Regulation

Recital 1

Text proposed by the Commission

Amendment

(1) The Single European Sky Air Traffic Management Research and Development project (the ‘SESAR project’) aims to modernise the air traffic management (‘ATM’) in Europe and represents the technological pillar of the Single European Sky. It aims by 20 to provide the Union with a high performance air traffic control infrastructure which will enable the safe and environmentally friendly development of air transport.

(1) The Single European Sky Air Traffic Management Research and Development project (the 'SESAR project') aims to modernise the air traffic management ('ATM') in Europe and represents the technological pillar of the Single European Sky. It aims by 2030 to provide the Union with a high performance air traffic control infrastructure which will enable the safe, environmentally friendly and energy-efficient development of air transport. It also aims to integrate aircraft speed management, for reasons of energy efficiency, so as to reduce the climate change impact of aviation.

Amendment 4

Proposal for a regulation

Recital 3

Text proposed by the Commission

Amendment

(3) The first phase of the definition process ran from 2004 to 2008 and delivered the first edition of the European ATM Master plan (the 'ATM Master Plan'). The ATM Master Plan identifies three steps in the SESAR development process: Time Based operations (Step 1), Trajectory Based Operations (Step 2) and Performance Based Operations (Step 3).

(3) The first phase of the definition process ran from 2004 to 2008 and delivered the first edition of the European Air Traffic Management Master Plan (the 'ATM Master Plan'). The ATM Master Plan identifies three steps in the SESAR development process: Time Based operations (Step 1), Trajectory Based Operations (Step 2) and Performance Based Operations (Step 3).

Justification

Drafting clarification.

Amendment 5

Proposal for a Regulation

Recital 7

Text proposed by the Commission

Amendment

(7) The Joint Undertaking fulfils the criteria for public-private partnerships established under Decision (EU) No …/2013 of the Council of … 2013 establishing the Specific Programme implementing Horizon 2020 (2014-2020)¹⁶ (the ‘Horizon 2020 Specific Programme’).

(7) According to Regulation (EU) No 1290/2013 of the European Parliament and of the Council¹⁶^a, implementation of Horizon 2020 through Joint Undertakings should take place only if other forms of partnerships would not fulfil the objectives or would not generate the necessary leverage. This Joint Undertaking fulfils the conditions and criteria for public-private partnerships as established in particular in Article 25 of Horizon 2020.

__________________

¹⁶ OJ … [H2020 SP]

^16aRegulation (EU) No 1290/2013 of the European Parliament and of the Council of 11 December 2013 laying down the rules for participation and dissemination in "Horizon 2020 - the Framework Programme for Research and Innovation (2014-2020)" and repealing Regulation (EC) No 1906/2006 (OJ L 347, 20.12.2013, 81).

Amendment 6

Proposal for a regulation

Recital 8 a (new)

Text proposed by the Commission

Amendment

(8a) In order to increase the transparency of the allocation of resources and to improve the way in which they are managed, the Commission should present a multiannual work programme for the Joint Undertaking to the European Parliament and to the Council at the beginning of the Multiannual Financial Framework 2014-2020. This revised multiannual work programme should contain detailed information on all planned activities, as well as the timetable and costs of the Joint Undertaking until 2020 and beyond.

Amendment 7

Proposal for a Regulation

Recital 10

Text proposed by the Commission

Amendment

(10) The membership of members of the Joint Undertaking who do not contribute to the activities financed under the Union's 2014-2020 financial framework should be terminated by 31 December 2016.

(10) The membership of members of the Joint Undertaking who do not contribute to the activities financed under the Multiannual Financial Framework 2014-2020 should be terminated by 31 December 2016. An open call for new members should be organised in respect of the activities to be financed under the Multiannual Financial Framework 2014-2020.

Amendment 8

Proposal for a Regulation

Recital 10 a (new)

Text proposed by the Commission

Amendment

(10a) The Joint Undertaking should continue to be open to, and should encourage the widest possible participation by and representation of, stakeholders from all Member States, including small and medium-sized enterprises ("SMEs"), through the accession of new members or other forms of participation. Furthermore, participation should ensure a proper balance between airspace users, air navigation service providers, airports, military, professional staff and manufacturers, as well as offering opportunities to SMEs, academia and research organisations.

Amendment 9

Proposal for a Regulation

Recital 12 a (new)

Text proposed by the Commission

Amendment

(12a) Horizon 2020 provides that the effective promotion of gender equality and the gender dimension are to be ensured in respect of research and innovation content. Particular attention is to be paid to ensuring gender balance, subject to the situation in the field, in evaluation panels and in bodies such as advisory groups and expert groups. The gender dimension is to be adequately integrated in the research and innovation content of strategies, programmes and projects, and followed through at all stages of the research cycle.

Amendment 10

Proposal for a regulation

Recital 12 a (new)

Text proposed by the Commission

Amendment

(12a) With a view to achieving the overall aim of Horizon 2020 which is to bring about the greater simplification and harmonisation of the European research and innovation funding landscape, Joint Undertakings should establish simple governance models and avoid sets of rules that are different from Horizon 2020.

Amendment 11

Proposal for a regulation

Recital 13 a (new)

Text proposed by the Commission

Amendment

(13a) Without prejudice to the interim evaluation referred to in Article 7 of Regulation (EC) No 219/2007 and in accordance with Article 32 of Horizon 2020, the Joint Undertaking as a particular funding instrument of Horizon 2020 should be subject to an in-depth interim assessment, which should include, inter alia, an analysis of their openness, transparency and efficiency.

Justification

This reference is needed to take into account the final outcome of the Horizon 2020 negotiations. It reflects on another important aspect that the Parliament managed to include in Art. 32 of the Horizon 2020 Regulation.

Amendment 12

Proposal for a regulation

Recital 13 b (new)

Text proposed by the Commission

Amendment

(13b) Taking due account of the intended synergies between Horizon 2020 and the Structural Funds as well as relevant national and regional R&D funding programmes, regions across the Union should be encouraged to contribute pro-actively to the activities of the Joint Undertaking, for example by supporting financially relevant research infrastructure, the preparation of proposals, the exploitation of research results or the networking activities of relevant actors, aiming at boosting the regional impact of SESAR activities and their potential to create jobs and growth at regional level.

Justification

The European Parliament successfully pushed for a new article in the Horizon 2020 Framework Regulation that explicitly demands better synergies between Horizon 2020 and the Structural Funds. In this context, JTIs should be no exception. Regions should be encouraged to contribute to their activities, particularly in view of their huge potential for strengthening regional clusters.

Amendment 13

Proposal for a regulation

Recital 13 c (new)

Text proposed by the Commission

Amendment

(13c) Taking into account the importance of continuous innovation for the competitiveness of the European transport sector and the correspondingly high number of Joint Technology Initiatives in this field, the appropriations allocated to the specific objective "Smart, green and integrated transport" under the Societal Challenges priority of Horizon 2020 should be subject to an in-depth budgetary assessment and potential increase under the interim evaluation of Horizon 2020.

Justification

With three JTIs to be financed out of the transport challenge - SESAR, Clean Sky 2 and most likely Shift2Rail - the budget of this challenge seems particularly strained, entailing potentially negative effects on collaborative research in the field. The rapporteur therefore strongly recommends the transport challenge for budgetary review under the midterm-review.

Amendment 14

Proposal for a Regulation

Article 1 – paragraph 1 – point 1 – point -a

Regulation (EC) No 219/2007

Article 1 – Paragraph 1


Present text	Amendment
	(-a) paragraph 1 is replaced by the following:
1. In order to manage the activities of the development phase of the project to modernise air traffic management in Europe and to enhance safety, (the SESAR project), a Joint Undertaking is hereby established, known as ‘SESAR Joint Undertaking’ (the Joint Undertaking).	"1. In order to contribute to the implementation of Regulation (EU) No 1291/2013 of the European Parliament and of the Council^* ("Horizon 2020"), in particular the specific objective "Smart, green and integrated transport" under the Horizon 2020 priority "Societal challenges", and in order to manage the activities of the development phase of the project to modernise air traffic management in Europe and to enhance safety, the SESAR Joint Undertaking is hereby established ("the Joint Undertaking").
	___________________
	^* Regulation (EU) No 1291/2013 of the European Parliament and of the Council¹ of 20.12.2013 establishing Horizon 2020 - the Framework Programme for Research and Innovation (2014-2020) and repealing Decision No 1982/2006/EC (OJ L 347, 20.12.2013, p. 104)."

Justification

Additions in order to be more explicit that SESAR has to follow the research and innovation objectives established in Horizon 2020.

Amendment 15

Proposal for a regulation

Article 1 – paragraph 1 – point 1 – point a

Regulation (EC) No 219/2007

Article 1 – Paragraph 2


Text proposed by the Commission	Amendment
The Joint Undertaking shall cease to exist on 31 December 2024.	The Joint Undertaking shall cease to exist on 31 December 2024. In order to take account of the duration of Horizon 2020, all calls for proposals shall be launched by 31 December 2020.

Amendment 16

Proposal for a regulation

Article 1 – paragraph 1 – point 1 a (new)

Regulation (EC) No 219/2007

Article 1 a (new)


Text proposed by the Commission	Amendment
	1a. The following article shall be inserted:
	"Article 1a
	Scope of activities
	1. In order to fulfil the tasks set out in Article 1, the SESAR project may fund the research and development activities consisting of the Technology Readiness Levels from 2 to 6.
	2. Where the SESAR project provides for innovation actions comprising the Technology Readiness Levels from 7 to 8, funding rates for indirect actions shall be reduced in accordance with Article 28 of Regulation (EU) No 1290/2013 of the European Parliament and of the Council*.
	______________________
	^*Regulation (EU) No 1290/2013 of the European Parliament and of the Council of 11 December 2013 laying down the rules for participation and dissemination in "Horizon 2020 - the Framework Programme for Research and Innovation (2014-2020)" and repealing Regulation (EC) No 1906/2006 (OJ L 347, 20.12.2013, 81).”

Justification

This article means to clarify the scope of activities of the SESAR Joint Undertaking, in particular with respect to the relevant TRLs covered by its research programme. The RfP also call for a greater consideration of the TRL-concept to stipulate funding levels, which is taken up in this article with a view to the funding rates used in indirect actions.

Amendment 17

Proposal for a Regulation

Article 1 – paragraph 1 – point 3 – point a

Regulation (EC) No 219/2007

Article 4 – paragraph 2 – subparagraph 1


Text proposed by the Commission	Amendment
The maximum Union contribution covering the costs under the Multiannual Financial Framework 2014-2020 shall be EUR 600 million²¹ , including EFTA contributions, paid from the budget appropriations allocated to the Horizon 2020 - The Framework Programme for Research and Innovation (2014-2020).	The maximum Union contribution covering the costs under the Multiannual Financial Framework 2014-2020 shall be EUR 570 million²¹ , including contributions from the countries of the European Free Trade Association (EFTA), paid from the budget appropriations allocated to Horizon 2020 and in particular from the specific objective "Smart, green and integrated transport" under the Horizon 2020 priority "Societal challenges".
	The Commission may oppose the use of the Union contribution for purposes that it considers to be contrary to the principles of Horizon 2020 or to the Financial Regulation or detrimental to the financial interests of the Union. In the event of opposition by the Commission , the Union contribution shall not be used by the Joint Undertaking for those purposes.
__________________	__________________
²¹ Indicative amount in current prices. The amount will depend on the final agreed amount for DG MOVE for the theme “Smart, green and integrated transport” which will be approved by the Budgetary Authority in the final version of the legislative and financial statement.	²¹ Indicative amount in current prices. The amount will depend on the final agreed amount for the Directorate-General for Mobility and Transport. (DG MOVE) for the theme “Smart, green and integrated transport” which will be approved by the Budgetary Authority in the final version of the legislative and financial statement.

Amendment 18

Proposal for a regulation

Article 1 – paragraph 1 – point 4 – point b

Regulation (EC) No 219/2007

Article 4a – paragraph 2


Text proposed by the Commission	Amendment
b) paragraph 2 is deleted.	(b) paragraph 2 is replaced by the following:
	The Joint Undertaking shall be free to organise its own internal audit capability.

Amendment 19

Proposal for a regulation

Article 1 – paragraph 1 – point 7

Regulation (EC) No 219/2007

Article 7


Text proposed by the Commission	Amendment
Every three years from the start of the activities of the Joint Undertaking and 6 months after the winding down of the Joint Undertaking, the Commission shall carry out evaluations on the implementation of this Regulation, the results obtained by the Joint Undertaking and its working methods, as well as on the general financial situation of the Joint Undertaking. The Commission shall present the results of those evaluations to the European Parliament and to the Council.	Every three years from the start of the activities of the Joint Undertaking and six months after the winding down of the Joint Undertaking, the Commission shall organise independent evaluations of the implementation of this Regulation, the results obtained by the Joint Undertaking, that focus in particular on the impact and effectiveness of these concrete results achieved under the given term, in accordance with the ATM Master Plan. The evaluations shall also cover the working methods, as well as the general financial situation of the Joint Undertaking. The Commission shall present the results of those evaluations to the European Parliament and to the Council.
	The results of the 2017 independent interim evaluation of the Joint Undertaking shall be taken into account in the interim evaluation of Horizon 2020 referred to in Article 32(3) of Horizon 2020.
	In accordance with Article 32 of Horizon 2020 and as part of the Horizon 2020 interim evaluation, Joint Undertakings as a funding instrument of Horizon 2020 shall be subject to an in-depth assessment which shall include, inter alia, an analysis of the openness, transparency and efficiency of public-private partnerships based on Article 187 of the Treaty on the Functioning of the European Union.
	In order to respond to unforeseen situations or to new developments and needs the Commission may, following the interim evaluation of Horizon 2020, review, within the annual budgetary procedure, the budget of the Joint Undertaking.

Amendment 20

Proposal for a regulation

Article 1 – paragraph 1 – point 7 a (new)

Regulation (EC) No 219/2007

Article 7 a (new)


Text proposed by the Commission	Amendment
	7a. The following article is inserted:
	"Article 7a
	1. Regulation (EU) No 1290/2013 and Commission Decisions relevant to its implementation shall apply to the indirect actions funded by the Joint Undertaking. In accordance with that Regulation, the Joint Undertaking shall be considered to be a funding body and shall provide financial support to indirect actions as set out in Article 1 of the Statutes.
	2. In accordance with the principles of transparency and non-discrimination as laid down in Article 60(1) and 128(1) of Regulation (EU, Euratom) No 966/2012 and Article 19 of the Statutes of the Joint Undertaking, calls for proposals organised by the Joint Undertaking shall be published on the web-based Horizon 2020 Participant Portal.

Justification

This amendment serves to clarify that the RfP of H2020 and implementing acts shall apply. During the H2020 trilogue it was agreed to promote a greater coherence of all call possibilities financed under H2020. To this effect, the Commission promised to promote the publication of CfPs and CfEIs organised by the JTIs on the H2020 Participant Portal. All of them agreed to follow this approach. This amendment aims to turn a self-obligation into a legal requirement, guaranteeing simple and accessible information for applicants.

Amendment 21

Proposal for a Regulation

Article 3

Text proposed by the Commission

Amendment

Membership in the Joint Undertaking shall end by 31 December 2016 with regards to the Members of the Joint Undertaking who, as of 1 January 2014, do not contribute in kind or in cash to the costs of the Joint Undertaking's work programme related to the Multiannual Financial Framework 2014-2020. An open call for the activities to be carried out under the Multiannual Financial Framework 2014-2020 shall be organised.

Amendment 22

Proposal for a regulation

Article 5 – paragraph 1

Text proposed by the Commission

Amendment

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

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union. It shall be available in its consolidated version with the Regulation being amended within three months from its entry into force.

Amendment 23

Proposal for a Regulation

Annex 1 – paragraph 1 – point -1 (new)

Regulation (EC) No 219/2007

Annex – Article 3 – paragraph 1 a (new)


Text proposed by the Commission	Amendment
	(-1) In Article 3, the following paragraph is inserted:
	"1a. The composition and chairmanship of the Administrative Board shall comply with Article 16 of Horizon 2020 and shall ensure gender balance."

Amendment 24

Proposal for a regulation

Annex – paragraph 1 – point 1 – point a a (new)

Regulation (EC) 219/2007

Annex – Article 5 – paragraph 1 – point m a (new)


Text proposed by the Commission	Amendment
	(aa) the following point is inserted:
	"(ma) approving the list of proposals selected for funding on the basis of the ranking list produced by a panel of independent experts appointed in accordance with Article 40 of Regulation (EU) No 1290/2013;"

Amendment 25

Proposal for a Regulation

Annex 1 – paragraph 1 – point 2

Regulation (EC) No 219/2007

Annex – Article 6


Text proposed by the Commission	Amendment
2. In Article 6, paragraph 1 is replaced by the following:	2. Article 6 is replaced by the following:

Amendment 26

Proposal for a Regulation

Annex 1 – paragraph 1 – point 2

Regulation (EC) No 219/2007

Annex – Article 6


Text proposed by the Commission	Amendment
1. Members of the Joint Undertaking or of the Administrative Board and Joint Undertaking staff are not allowed to participate in the preparation, evaluation or the award procedure of financial support from the Joint Undertaking, in particular following calls for tender or calls for proposals if they own, represent or have agreements with bodies which are potential candidates or applicants.	1. Upon a proposal from the Executive Director, the Administrative Board shall adopt rules for the prevention and management of conflicts of interest.
	2. The rules referred to in paragraph 1 shall, as a minimum:
	(a) lay down a requirement for members of the Administrative Board, the Executive Director, members of the Joint Undertaking and Joint Undertaking staff to make a declaration of commitments and a declaration of the absence or presence of any interest which might be considered prejudicial to their independence;
	(b) require the declarations referred to in point (a) to be accurate and complete, to be made in writing on entry into service of the persons concerned, and to be renewed in the event of a change in their personal circumstances, and to be made public;
	(c) include clear and objective criteria for assessing the declarations made pursuant to point (a), ensure consistent application of those criteria and make provision for any such declarations to be verified if any concerns are raised in relation thereto;
	(d) include a procedure for ensuring that any individual who has an interest that might be considered to be prejudicial to that individual's independence in relation to an item on a meeting agenda does not take part in the preparation, evaluation of calls for public tender or the procedures for awarding them, if they own or have partnership agreements with bodies who are potential candidates for calls for public tender or represent such bodies, or if another potential conflict of interest has been identified;
	(e) contain a clear and consistent policy and procedures to address breaches of the rules, including effective, proportionate and dissuasive penalties;
	(f) provide for appropriate compulsory training on conflicts of interest for the Executive Director, all staff of the Joint Undertaking and the members of the Administrative Board;
	(g) address issues relating to the situation after an individual's position with the Joint Undertaking has ended."

Justification

The new text is based on text already adopted in ITRE committee on the GNSS agency and seeks to put in place a thorough policy on conflicts of interest, requiring parties to declare the absence or presence of such conflicts of interest and defining a procedure to deal with them as all too often declarations of interest are made but not acted upon.

Amendment 27

Proposal for a Regulation

Annex 1 – paragraph 1 – point 3

Regulation (EC) No 219/2007

Annex – Article 7 – paragraph 2 – subparagraph 1


Text proposed by the Commission	Amendment
The Executive Director shall be engaged as a temporary agent of the Joint Undertaking under Article 2(a) of the Conditions of employment of other servants. The Executive Director shall be appointed by the Administrative Board, from a list of candidates proposed by the Commission, following an open and transparent selection procedure.	The Executive Director shall be engaged as a temporary agent of the Joint Undertaking under Article 2(a) of the Conditions of employment of other servants. The Executive Director shall be appointed by the Administrative Board, from a list of candidates proposed by the Commission, in accordance with Article 16 of Horizon 2020 and following an open and transparent selection procedure.

Amendment 28

Proposal for a regulation

Annex – paragraph 1 – point 3 a (new)

Regulation (EC) No 219/2007

Annex – Article 7– paragraph 5– point h a (new)


Text proposed by the Commission	Amendment
	3a. In Article 7(5), the following point is inserted:
	(ha) follow-up in a timely manner any recommendations resulting from the interim evaluation of the Joint Undertaking or any other relevant assessment of the SESAR activities;

Justification

To ensure sufficient impact of the formally foreseen evaluations and to improve the quality management of the JU the Executive Director should be responsible for following-up any relevant recommendations.

Amendment 29

Proposal for a Regulation

Annex 1 – paragraph 1 – point 5

Regulation (EC) No 219/2007

Annex – Article 10 – paragraph 2 a (new)


Text proposed by the Commission	Amendment
	2a. The Joint Undertaking shall ensure that there is gender balance in the contracts and grant agreements in accordance with Article 16 of Horizon 2020.

Amendment 30

Proposal for a regulation

Annex – paragraph 1 – point 7 a (new)

Regulation (EC) No 219/2007

Annex – Article 16 – paragraph 1 – point (a)


Present text	Amendment
	7a. In Article 16(1) point (a) is replaced by the following:
(a) a global work programme, divided into periods of thirty-six months;	"(a) a revised multiannual work programme, divided into periods of twenty-four months which describes the activities, timetable and costs of the Joint Undertaking until 2020 and beyond;"
This amendment seeks to amend a provision within the existing act – Article 16(1)(a) – that was not referred to in the Commission proposal.

Amendment 31

Proposal for a regulation

Annex 1 – paragraph 1 – point 8

Regulation (EC) No 219/2007

Annex – Article 17 – paragraph 1


Text proposed by the Commission	Amendment
The Joint Undertaking shall take appropriate measures ensuring that, when actions financed under this Regulation are implemented, the financial interests of the Union are protected by the application of preventive measures against fraud, corruption and any other illegal activities, by effective checks and, if irregularities are detected, by the recovery of the amounts wrongly paid and, where appropriate, by effective, proportional and deterrent penalties.	The Joint Undertaking shall take appropriate measures ensuring that, when actions financed under this Regulation are implemented, the financial interests of the Union and its Member States are protected by the application of preventive measures against fraud, corruption and any other illegal activities, by effective checks and, if irregularities are detected, by the recovery of the amounts wrongly paid and, where appropriate, by effective, proportional and deterrent penalties.

Amendment 32

Proposal for a regulation

Annex 1 – paragraph 1 – point 8

Regulation (EC) No 219/2007

Annex – Article 17 – paragraph 4 a (new)


Text proposed by the Commission	Amendment
	(4a) The members of the Administrative Board, the Executive Director and the staff are required to notify OLAF without delay of any possible instances of fraud which have come to their attention in the discharge of their duties or responsibilities provided that this disclosure does not render them liable to prosecution.

Justification

This serves to draw attention to any possible instances of fraud and facilitate the launching of any investigations.

EXPLANATORY STATEMENT

Your Rapporteur welcomes the Commission proposal on the extension of the SESAR Joint Undertaking until 2024 as an important part of the Innovation Investment Package under Horizon 2020. This Joint Undertaking will continue the coordinated approach in air traffic management (ATM) research and innovation in the context of the Single European Sky (SES).

Concerning the amendment on Article 6, your rapporteur believes that SESAR needs to have a rigorous policy on conflicts of interest, requiring parties to declare the absence or presence of conflicts of interest and defining a procedure to deal with them as all too often declarations of interest are made but not acted upon.

Concerning the rather horizontal amendments, your rapporteur is of the opinion that implementation of Horizon 2020 through PPPs based on Article 187, should only take place if other forms of partnerships would not fulfil the objectives or would not generate the necessary leverage. The governance and functioning should be open, transparent, effective and efficient and give a wide range of stakeholders the opportunity to be active in their specific areas. Your rapporteur has therefore stressed the importance that the principles agreed on during the Horizon 2020 negotiations regarding PPP and what they should deliver are respected. This is important concerning openness, transparency, open access and in particular gender equality, on which your Rapporteur has tabled amendments to put into effect the provisions on gender equality of article 15 of the Horizon 2020 regulation.

As an implementing measure of Horizon 2020, it is clear that SESAR must be in line with the Horizon 2020 research and innovation priorities as established in the Smart, green and integrated transport challenge. Your Rapporteur has made amendments to this effect.

Finally, your Rapporteur would like to mention that this Joint Undertaking will be implemented in line with the Rules for Participation of Horizon 2020 without any derogation; the discharge procedure remains unchanged based on Article 208 of the Financial regulation and the budget has been adapted to the MFF outcome for Horizon 2020.

OPINION of the Committee on Transport and Tourism (17.12.2013)

for the Committee on Industry, Research and Energy

on the proposal for a Council regulation amending Regulation (EC) No 219/2007 on the establishment of a Joint Undertaking to develop the new generation European air traffic management system (SESAR) as regards the extension of the Joint Undertaking until 2024
(COM(2013)0503 – C7‑0254/2013 – 2013/0237(NLE))

Rapporteur: Antonio Cancian

SHORT JUSTIFICATION

Commission’s proposal

The Commission’s proposal aims at reviewing and extending the duration of the SESAR Joint Undertaking which otherwise would cease to exist on 31 December 2016 under its existing founding Regulation. The main changes proposed in the Commission’s proposal concern earmarking an amount of up to 600 million EUR, which includes contributions from Norway, Iceland, Switzerland and Liechtenstein, for the reference period 2014-2020 under Horizon 2020 and extending the duration of the SJU until the end of 2024.

Rapporteur’s view

In the context of recent developments concerning the implementation of the Single European Sky performance pillar, including unsatisfactory and slow progress in setting well-functioning performance and charging schemes or the functional airspace blocks which are still to deliver the expected results, the rapporteur sees the technological pillar as the leading element in the implementation structure of the whole Single European Sky concept. That is why the continuity of its structure, both in terms of funding and human resources, is of crucial importance.

The rapporteur finds that SESAR JU has been working well so far, delivering the expected results, and therefore he supports the Commission’s proposal to extend it without any changes. According to the Commission, the evaluation of the SJU during the period 2007-2012 has shown that its financing mechanism, based on the public-private partnership (PPP) is more effective and efficient in its current form than if it relied entirely on calls for proposals necessary within the framework of the seventh programme for research and technological development (FP7). The rapporteur has expressed his support for the PPP-type of funding for other kinds of projects at numerous occasions and is satisfied with the way it works for SESAR.

In addition, the reports on the annual accounts delivered by the Court if Auditors in the last years have not raised any concerns as to SJU’s sound financial management. Here too, in rapporteur’s view, no changes to the proposal are needed.

Another reason for supporting the proposal in its current form is the fact that the SESAR is about to enter in its deployment phase and the rapporteur finds it crucial to avoid any time-gaps in legislative framework or any other significant changes to the structure of the Undertaking which could put the carefully prepared deployment phase at risk of being delayed or disrupted.

AMENDMENTS

The Committee on Transport and Tourism calls on the Committee on Industry, Research and Energy, as the committee responsible, to take into account the following amendments:

Amendment 1

Proposal for a regulation

Recital 3

Text proposed by the Commission

Amendment

(3) The first phase of the definition process ran from 2004 to 2008 and delivered the first edition of the air traffic management plan (the 'ATM Master Plan'). The ATM Master Plan identifies three steps in the SESAR development process: Time Based operations (Step 1), Trajectory Based Operations (Step 2) and Performance Based Operations (Step 3).

Justification

Drafting clarification.

Amendment 2

Proposal for a regulation

Article 1 – paragraph 1 – point 3 – point a

Regulation (EC) No 219/2007

Article 4 – paragraph 2


Text proposed by the Commission	Amendment
The maximum Union contribution covering the costs under the Multiannual Financial Framework 2014-2020 shall be EUR 600 million¹⁰, including EFTA contributions, paid from the budget appropriations allocated to the Horizon 2020 - The Framework Programme for Research and Innovation (2014-2020).	The maximum Union contribution covering the costs under the Multiannual Financial Framework 2014-2020 shall be EUR 600 million¹⁰, including EFTA contributions, paid from the budget appropriations allocated to the Horizon 2020 - The Framework Programme for Research and Innovation (2014-2020).
__________________	__________________
¹⁰ Indicative amount in current prices. The amount will depend on the final agreed amount for DG MOVE for the theme 'Smart, green and integrated transport' which will be approved by the Budgetary Authority in the final version of the legislative and financial statement.	¹⁰ Indicative amount in current prices. The amount will depend on the final agreed amount for the Directorate-General for Mobility and Transport. (DG MOVE) for the theme 'Smart, green and integrated transport' which will be approved by the Budgetary Authority in the final version of the legislative and financial statement.

Justification

Drafting clarification.

Amendment 3

Proposal for a regulation

Article 5 – paragraph 1

Text proposed by the Commission

Amendment

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

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union. It is shall be available in consolidated form with the regulation it amends within three months of its entry into force.

Amendment 4

Proposal for a regulation

Annex 1 – paragraph 1 – point 8

Regulation (EC) No 219/2007

Annex – Article 17 – paragraph 1


Text proposed by the Commission	Amendment
The Joint Undertaking shall take appropriate measures ensuring that, when actions financed under this Regulation are implemented, the financial interests of the Union are protected by the application of preventive measures against fraud, corruption and any other illegal activities, by effective checks and, if irregularities are detected, by the recovery of the amounts wrongly paid and, where appropriate, by effective, proportional and deterrent penalties.	The Joint Undertaking shall take appropriate measures ensuring that, when actions financed under this Regulation are implemented, the financial interests of the Union and its Member States are protected by the application of preventive measures against fraud, corruption and any other illegal activities, by effective checks and, if irregularities are detected, by the recovery of the amounts wrongly paid and, where appropriate, by effective, proportional and deterrent penalties.

Amendment 5

Proposal for a regulation

Annex 1 – paragraph 1 – point 8

Regulation (EC) No 219/2007

Annex – Article 17 – paragraph 4 a (new)


Text proposed by the Commission	Amendment
	(4a) The members of the Administrative Board, the Executive Director and the staff are required to notify OLAF without delay of any possible instances of fraud which have come to their attention in the discharge of their duties or responsibilities without this disclosure rendering them liable to prosecution.

Justification

This serves to draw attention to any possible instances of fraud and facilitate the launching of any investigations.

RESULT OF FINAL VOTE IN COMMITTEE

Date adopted	17.12.2013
Result of final vote	+: –: 0:	42 2 2
Members present for the final vote	Magdi Cristiano Allam, Inés Ayala Sender, Georges Bach, Erik Bánki, Izaskun Bilbao Barandica, Antonio Cancian, Michael Cramer, Joseph Cuschieri, Philippe De Backer, Luis de Grandes Pascual, Christine De Veyrac, Saïd El Khadraoui, Ismail Ertug, Carlo Fidanza, Knut Fleckenstein, Jacqueline Foster, Franco Frigo, Mathieu Grosch, Jim Higgins, Juozas Imbrasas, Dieter-Lebrecht Koch, Georgios Koumoutsakos, Werner Kuhn, Jörg Leichtfried, Bogusław Liberadzki, Marian-Jean Marinescu, Gesine Meissner, Mike Nattrass, Hubert Pirker, Dominique Riquet, Petri Sarvamaa, David-Maria Sassoli, Vilja Savisaar-Toomast, Olga Sehnalová, Brian Simpson, Silvia-Adriana Ţicău, Giommaria Uggias, Peter van Dalen, Patricia van der Kammen, Roberts Zīle
Substitute(s) present for the final vote	Jean-Jacob Bicep, Bogdan Kazimierz Marcinkiewicz, Alfreds Rubiks, Sabine Wils, Karim Zéribi
Substitute(s) under Rule 187(2) present for the final vote	Ivo Strejček

RESULT OF FINAL VOTE IN COMMITTEE

Date adopted	23.1.2014
Result of final vote	+: –: 0:	41 0 0
Members present for the final vote	Amelia Andersdotter, Bendt Bendtsen, Jan Březina, Maria Da Graça Carvalho, Giles Chichester, Jürgen Creutzmann, Christian Ehler, Vicky Ford, Norbert Glante, Edit Herczog, Kent Johansson, Romana Jordan, Krišjānis Kariņš, Angelika Niebler, Jaroslav Paška, Aldo Patriciello, Vittorio Prodi, Miloslav Ransdorf, Herbert Reul, Teresa Riera Madurell, Michèle Rivasi, Jens Rohde, Paul Rübig, Salvador Sedó i Alabart, Francisco Sosa Wagner, Konrad Szymański, Patrizia Toia, Evžen Tošenovský, Claude Turmes, Vladimir Urutchev, Kathleen Van Brempt, Alejo Vidal-Quadras, Zbigniew Zaleski
Substitute(s) present for the final vote	Maria Badia i Cutchet, Věra Flasarová, Elisabetta Gardini, Jolanta Emilia Hibner, Ivailo Kalfin, Vladko Todorov Panayotov, Lambert van Nistelrooij
Substitute(s) under Rule 187(2) present for the final vote	Jean-Paul Besset

Legal notice - Privacy policy