European Aviation Standardization Act of 2019
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Rodríguez arrives as faster as he can. He enters on the hall and also say Sorry for bring late, takes and seat, drinks some water and start talking.
Good afternoon everybody.
In first place, again I must say sorry for being late. Traffic in Spain at the moment it's horrible, we have San Juan's party and believe me, everybody that hasn't got coasts in their regions moves to the sea side regions.
In second place, I want to thanks Vayinaod for bringing this onto the commission, as in the opinion of our goverment, we must say that the original Standarization Act is a great idea.
I just only have a question for you. Inthe preamble, we have this little paragraph that says "Understanding the need for concise communication in the air and on the ground, English will be established as the recommended language for communications." That menas, for example, that a flight from Antequera to Paris, that's only overflies my country, can't speak Spanish with the ATCs? Or, they would be just recommended to speak in English?
And, other thing I would change it's the last point of Section IV. In that case, I would use what Mr. Firoux said: " Any administrative action may be appealed to the Commissioner for Internal Affairs." I think we shiould not overload the Commissioner of Internal Affairs with Air Duties.
And I think that's all I wanted to say. I hope that our questions are answered and also, I hope that together we can fix the last point in Section IV.
Thanks.
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Firstly, I would like to thank the Councillors who have responded to the act thus far, and have provided excellent amendments to the bill most of which I can agree to. Secondly, I would like to request a 48 Hour extension of the debate phase by the Speaker so that we can more properly debate the merits of the bill, and allow for more Councillors to voice their opinions.
Onto the responses that Cllrs. Firoux and Rodríguez have provided thus far, starting with Cllr. Rodríguez. Communication in the air is done via numerous radio frequencies, with multiple pilots and aircraft sharing the same frequency with sometimes even one air traffic controller. While it may be a completely domestic flight in Spain, the communications being relayed between the ATC and the Spainish pilot could have implications for the international flights who more than likely can not speak Spanish. What this acts seeks to establish is a Lingua Franca for the purposes of air travel to ensure more efficient and safe for all those involved. Nothing in this act prohibits Spain from still allowing Spainish to also be spoken, however the EAA could regulate this area to be even stricter.
As for the Commissioner of Internal Affairs being the last stop for administrative appeals, I doubt this would overload the Commissioner. This is just to provide a checks and balance to allow for protests against unfair actions, this were not judicial actions so they should go up the administrative chain so to speak. If other Cllrs. still have issues with this portion of the act I am open to amending to make it clear that the Commissioner is able to delegate this.
Cllr. Firoux, words really cannot describe how much I appreciate the time and effort you put forward with this act when much of the Council has remained mute on the subject that impacts us all, and is an industry worth hundreds of billions. I apologise for failing to properly follow formatting guidelines and will do better in the future.
While I personally believe that we need to describe and enshrine the freedoms of the skies, I can understand your apprehension with the way they are presented here; after reading your comments I am open to removing them from this act and introducing a separate one that more properly defines and describes them. Any help you might be willing to provide with that would be appreciated Cllr. The rights and freedoms simply seeks to ensure an equal playing field throughout Europe for airlines to ensure the best competition out there.
On term limits and length for the Director of the EAA, I can agree to remove them altogether, along with the choice to rename the Advisory Council to the EAA Council. The reasoning for affirming the Council's place in regulating was merely for clarity's sake; the Constitution still mandates the Council as the supreme legislative body so the section is moot in that regard I suppose. The reasoning behind the One euro fee was to ensure the EAA would never beholden to budget strangle, and have to cut its quality of work due to an insufficient budget; again if other Cllrs. wish to see this away then I am perfectly fine with it.
Most of your other points I agree with and support the amendments on. The one final issue I have, and really the only major one is your amendment with Section 4, the EAA Council and the Director are administrative bodies, not judicial ones; professionals as you stated earlier in Aviation. This was suppose to mirror most national agencies wherein the aviation body would provide evidence and advise to the proper judicial authorities so that could conduct the trial. With the ECoJ being ineffective, and downright criminally negligent at times (Considering if we even have one at the moment?), I thought it was and still do think it is best for the EAA to publish its findings and refer it to the right court if there is criminal activity. It is not the place for the EAA to become a court as well. This is not buraeucracy for the sake of bureaucracy, that would be creating a whole new Aviation Court, no this is simply telling members states the EAA will help with investigations and if anything is found refer it back into your judicial processes and not some inefficient European court that most of the time will let the defendant go on technicalities.
Again Cllr. Firoux thank you so much for the time you put in, and I hope to work with you more on issues such as this.
I will wait to here the opinions of other Cllrs. before I present more amendments as to not flood the record with unnecessary ones.
Cllr. Carita Falk
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"As requested, I shall extend the period of debate for another 48 hours. The debate period shall continue from now up until 00:00 GMT June 28th.
On the language debate, I agree that it is best for the sake of consistency and utility, that a lingua franca is established for all international flights. As English is not only one of the most spoken languages in all of the EU, but also one of the official languages of the European Union itself, it makes sense to use it. With that said, as stated in the Act, English will only be a recommended language, and it will be ensured that all national aviation agencies have the capacity and capabilities to use English if need be. However, as the Councillor of Spain has pointed out, there is no point in using English in domestic flights in a non-English speaking country like Spain, for example. There are benefits, as mentioned by Councillor Falk, but it's quite obvious that Spanish would not only be natural, but also more efficient and more easily understood. I see nothing in here that would prevent Spanish pilots of using Spanish domestically. Again, English is only a recommended language, but this Act wants to make it possible that English is also a feasible option to be used if need be.
I hear your point, Councillor Falk, on the ECoJ. I hereby withdraw my Amendment V and propose a new Amendment V as such:
Amendment V
SECTION 4 - ENFORCEMENT AND TIMELINES
I. The EAA shall be fully established with a Director and the Advisory Council within six months of the passage of this act.
II. Member States shall have one year to conform to initial EAA standards and recommendation.
Member states of the European Union will be required immediately to adhere to the Rights and Freedoms of the Air
II. The EAA Director and Advisory Council will first hear any disputes involving member states or private partiessuch as airlineson matters within their jurisdiction.
III. The EAA will have the ability to fineEU Membersmember national agencies and partners, impose fines on airlines and personnel,along with suspensions fromand suspend national aviation operations if need be.
IV. Criminal activities, if found by the EAA, will be referred to a neutral court with jurisdiction or if required the European Court of Justice.
V. The EAA may form additional forms of punishment for breaches of conduct, etc.if approved by the Commissioner of Internal Affairs. These forms of punishment must be outlined in EAA regulations and cannot be applied retrospectively.
VI. Any administrative action may be appealed to the Commissioner for Internal Affairs.
Until the EAA is considered fully established and operational, the Commissioner of Internal Affairs shall hear disputes involving the Rights and Freedoms of the Air -
Hrayr Cruthin stood to speak
I'd like to thank Cllr Falk for introducing this Bill, which is a rare and prime example of what the European Council should be here for. The general principles of the Bill are sound and I am on board with most of the text of the Bill. That said, I concur with a lot of what Cllr Firoux has said, and I support his amendments to the Bill. I also have no doubt that when this Bill is passed, it will be formatted in accordance with the rest of the Acquis Communautaire.
The Rights and Freedoms of the Air are a well-intentioned part of the Bill, and I certainly believe that guaranteeing those rights and freedoms would strengthen the European Union. As a region we need to think less about dictating to member states and more about what the EU can do for member states, and these rights and freedoms are a welcome development in that sense. However, I agree that these rights and freedoms need to be fleshed out more before becoming law, and I look forward to them returning in a standalone Bill.
The one euro levy on international flights would be direct EU taxation, which Angleter will most certainly oppose.
With respect to Cllr Firoux's Amendment V, I would advocate removing any reference to the European Court of Justice in particular. The ECoJ is not a criminal court; it is a constitutional court that exists to ensure that member states and EU institutions abide by their constitutional duties. If the EAA identifies what it believes to be criminal activities, then they should be referred to prosecutors in the, or a, relevant jurisdiction.
In that light, I would like to propose Amendment VI:
SECTION IV. ENFORCEMENT AND TIMELINES 1. The EAA shall be fully established with a Director and the Advisory Council within six months of the passage of this Act. 2. Member States shall have one year to conform to initial EAA standards and recommendations. 3. The EAA Director and Advisory Council will first hear any disputes involving member states or private parties on matters within their jurisdiction. 4. The EAA will have the ability to fine, or suspend any aviation activities of, national agencies and partners, airlines, and personnel. 5. Suspected criminal activities, if identified by the EAA, will be referred without unnecessary delay to any prosecuting agency that may have jurisdiction over the activities in question; and any relevant evidence will be made available to prosecutors, defence, and courts in accordance with the laws of the relevant jurisdiction. 6. Any administrative action may be appealed to the Commissioner for Internal Affairs.I would also like to draw attention to the fact that I have removed the provision allowing the Internal Affairs Commissioner to create additional forms of punishment. I do not believe that carte blanche is appropriate, and believe that any new punishments must be created with the consent of this Council on a case-by-case basis.
My only other amendment would be to remove some tautology in one particular clause, to wit Amendment VII:
SECTION II. DUTIES 4. The EAA will rely on national agencies to implement the standards and regulations agreed upon.I would also like to raise a discussion about the role of the Director of the EAA. I take the contrary position to Cllr Rodriguez, and would in fact argue that the role of Director can be removed; with day to day activity being controlled by the EAA Council under the oversight of the Internal Affairs Commissioner. ((OOC: This is mostly so 'EAA Director' doesn't become one of those quango positions that we create and then forget to fill.)) I shall refrain at present from tabling amendments to this effect, but would be interested to hear what other Councillors have to say first.
On the whole, however, I would like to applaud Cllr Falk's work on this much-needed and sensible Bill, and I look forward to it becoming EU law in the coming days.
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"I find Councillor Cruthin's amendments most agreeable, and thus withdraw my Amendment V.
I too agree that a Directorship position within the EAA would be a rather unnecessary, much for the same reasons as Councillor Cruthin has stated. I've already mentioned similar reasons in my earlier comments. I would welcome an amendment that would strike the position. "
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Thank you , Cllr. Cruthin, for proposed amendments I believe these amendments do make the act better in the end and support them. I'm willing to concede on the one euro levy on international flights. On the topic of the Director, I believe that the way the agency is currently structure in the bill, it is best for the Director to run day to day operations with the council supporting him/her in actively looking at regulations and communicating to the members states of the Union their intentions.
I'm willing to put forward an amendment saying that the EAA Council will in times wherein there is no appointed director, or the director is incapacitated may run the day to day operation; something to that effect.
My reasoning for the director is beyond bureaucracy, its for there to be accountability at all levels. This director would be supervising the enforcement of standards that will affect millions of travelers annually. If God forbid something were to occur where those standards were not properly upheld, there must be a chain of accountability from the technician turning the wrenches on the aircraft to the pilot, through national agencies all the way to the EAA. To me just having the Council running day to day operations is just asking for countless pointing of fingers whenever a disaster occurs. If something happens, I want there to be one person I can call into this chamber and be able to ask them; what are they doing to find out what happened, what can they do to prevent this in the future, and who is responsible.
((((OOC: In regards to this becoming a phantom position, its why I avoided term limits in the initial bill; most of our history has us appointed someone initially then some short term limits just get rid of them rather quickly. I'm working on a spreadsheet to list out these phantom positions so we can amend bills where needed and get some characters into positions even if they do nothing.))))
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Time for the debate has been used up, and now is time to begin voting on amendments. Voting began at 0000 GMT June 28, and will continue until 0000 GMT June 30.
The following amendments were proposed:
Cllr. Firoux's Amendment I:
SECTION I. PREAMBLE
I. This act shall hereby establish the European Aviation Agency (EAA) to establish the standards and recommendations for civil aviation within the European Union in conjunction with national agencies.
II. Understanding the need for concise communication in the air and on the ground, English will be established as the recommended language for communications.
This act will establish Rights and Freedoms of the Air, which will serve as the base line
Clarifies and reaffirms that nations retain all sovereignty over all airspace their territories and watersCllr. Firoux's Amendment II:
SECTION II. DUTIES
I. The EAA shall set standards and recommendations for air navigation and communication, air emergency procedures, air traffic management practices, aircraft registration, and flight inspections.
II. Any standards and recommendations shall be made in conjunction with National civil aviation agencies.
III. The EAA shall work with national partners to harmonize cross-border border procedures in respects to civil aviation.
The EAA will ensure the Rights and Freedoms of the Air (as outlined in Section 3 of this Act) are respected by national * authorities and help resolve any disputes if requested by airlines or partner agencies.
IV. The EAA will rely on national agencies to implement the standards and regulations agreed upon to ensure a safe and efficient Europe.
V. The EAA will work with national agencies on ensuring there is no unlawful interference in civil aviation, and will investigate any complaints concerning unlawful interference made aware to the EAA.
VI. The EAA will assist in investigating ,if requested by a national agency involved in an accident, or required by the European Council, any aviation accidents that occur within the European Union.
VII. The EAA maymakeproduce its own report on any incident it assistsandor investigates.on, and may lead any investigation if requested by national agencies or required by the European Council.
VIII. The EAA will use and recommend the use of English as the regional language for civil aviation.
The EAA will work with national agencies on providing funding to help transition Air Traffic Controllers and Commercial Pilots to English if requested on a case by case basis for less developed EU Members.
IX. Newly designed airframes shall require EAA certification if they wish to be available for regional use and export. This shall not prevent national agencies from denying their own national certification for any airframe as it sees seen fit.
X. Certification standards for the EAA shall be agreed upon the advisory EAA Council and the EAA Director on an annual basis.Cllr. Firoux's Amendment III:
SECTION II - AdministrationSECTION III. ADMINISTRATION
I. The EAA will have its headquarters in the Free City of Europolis.
II. The EAA will be under the purview of the Commissioner for Internal Affairs.
III. The Commissioner for Internal Affairs will appoint a Director of the EAA.
The Director of the EAA will be responsible for the day-to-day administration of EAA and will work with alongside national agencies and the EAA Council as required.
IV. The EAA will have an advisory EAA Council. The EAA Council will be composed of one representative from each national agency in order to come to agreement on the nature of EAA regulations.
The European Council will retain the ability to remove, impose, or amend any provisions it sees fit in civil aviation procedures
V. The EAA will have an initial annual budget of 1.45 Billion Euros.
A one euro fee will be placed on airline tickets on international routes to help fund the EAA after its initial budget.
If the amount needed for the agency budget is exceeded, it will be posted as revenue towards the rest of the European Budget.Cllr. Firoux's Amendment IV:
SECTION 3- RIGHTS AND FREEDOMS OF THE AIR
The negotiated right to overfly over a foreign nation’s airspace from an airline’s home nation.
This does not restrict nations from imposing overflight and other fees as they see fit.
The right for a commercial flight to land in a foreign nation after leaving its home nation to refuel and address technical * issues’
The right for commercial airlines to transport paying passengers as well as cargo from their home nation to a foreign nation.
The right for commercial airlines to transport paying passengers as well as cargo from a foreign nation to their home nation.
The right for commercial airlines to transport passengers as well as cargo from their home nation, stop in a foreign nation to unload passengers and cargo; load additional passengers and cargo and continue onto other international destinations
The right for commercial airlines to begin flights in a foreign territory, bypass its home nation, and continue onto other international destinations
The right for commercial airlines to conduct “domestic” flights for another nation’s airline industry after arriving from its home nation, known as Point to Point.
The right for commercial airlines to make emergency landings in unplanned foreign airports without fee or tax from host nationCllr. Cruthin's Amendment V:
SECTION IV. ENFORCEMENT AND TIMELINES- The EAA shall be fully established with a Director and the Advisory Council within six months of the passage of this Act.
- Member States shall have one year to conform to initial EAA standards and recommendations.
Member states of the European Union will be required immediately to adhere to the Rights and Freedoms of the Air - The EAA Director and Advisory Council will first hear any disputes involving member states or private parties
such as airlines.on matters within their jurisdiction. - The EAA will have the ability to fine, or suspend any aviation activities of, national agencies and partners, airlines, and personnel.
- Suspected criminal activities, if identified by the EAA, will be referred without unnecessary delay to any prosecuting agency that may have jurisdiction over the activities in question; and any relevant evidence will be made available to prosecutors, defence, and courts in accordance with the laws of the relevant jurisdiction.
The EAA may form additional forms of punishment for breaches of conduct, etc. if approved by the Commissioner of Internal Affairs, these forms of punishment must be outlined in EAA regulations and cannot be applied retrospectively. - Any administrative action may be appealed to the Commissioner for Internal Affairs.
Until the EAA is considered fully established and operational, the Commissioner of Internal Affairs shall hear disputes involving the Rights and Freedoms of the Air
Cllr. Cruthin's Amendment VI:
SECTION II. DUTIES
4. The EAA will rely on national agencies to implement the standards and regulations agreed upon.to ensure a safe and efficient Europe
I, Carita Falk, on behalf of the Archrepublic of Vayinaod do vote FOR all the proposed amendments.
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"On behalf of the Microstate of Inquista, I vote FOR all proposed amendments."
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On behalf of the Apostolic Kingdom of Angleter, I, Hrayr Cruthin, vote FOR all the proposed amendments.
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I, Gerhard Schroeder, on behalf of the German Empire vote FOR the proposed amendments.
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With four votes FOR and zero AGAINST, all the proposed amendments pass.
This will be the final version of the bill to be voted upon. Voting will last from now until 0000 GMT July 3rd.
SECTION I. PREAMBLE
I. This act shall hereby establish the European Aviation Agency (EAA) to establish the standards and recommendations for civil aviation within the European Union in conjunction with national agencies.
II. Understanding the need for concise communication in the air and on the ground, English will be established as the recommended language for communications.SECTION II. DUTIES
I. The EAA shall set standards and recommendations for air navigation and communication, air emergency procedures, air traffic management practices, aircraft registration, and flight inspections.
II. Any standards and recommendations shall be made in conjunction with National civil aviation agencies.
III. The EAA shall work with national partners to harmonize cross-border border procedures in respects to civil aviation.
IV. The EAA will rely on national agencies to implement the standards and regulations agreed upon.
V. The EAA will work with national agencies on ensuring there is no unlawful interference in civil aviation, and will investigate any complaints concerning unlawful interference made aware to the EAA.
VI. The EAA will assist in investigating ,if requested by a national agency involved in an accident, or required by the European Council, any aviation accidents that occur within the European Union.
VII. The EAA may produce its own report on any incident it assists and or investigates.
VIII. The EAA will use and recommend the use of English as the regional language for civil aviation.
IX. Newly designed airframes shall require EAA certification if they wish to be available for regional use and export. This shall not prevent national agencies from denying their own national certification for any airframe as it sees seen fit.
X. Certification standards for the EAA shall be agreed upon the advisory EAA Council and the EAA Director on an annual basis.SECTION III. ADMINISTRATION
I. The EAA will have its headquarters in the Free City of Europolis.
II. The EAA will be under the purview of the Commissioner for Internal Affairs.
III. The Commissioner for Internal Affairs will appoint a Director of the EAA.
The Director of the EAA will be responsible for the day-to-day administration of EAA and will work with alongside national agencies and the EAA Council as required.
IV. The EAA will have an advisory EAA Council. The EAA Council will be composed of one representative from each national agency in order to come to agreement on the nature of EAA regulations.
V. The EAA will have an initial annual budget of 1.45 Billion Euros.SECTION IV. ENFORCEMENT AND TIMELINES
I. The EAA shall be fully established with a Director and the Advisory Council within six months of the passage of this Act.
II. Member States shall have one year to conform to initial EAA standards and recommendations.
III. The EAA Director and Advisory Council will first hear any disputes involving member states or private parties on matters within their jurisdiction.
IV. The EAA will have the ability to fine, or suspend any aviation activities of, national agencies and partners, airlines, and personnel.
V Suspected criminal activities, if identified by the EAA, will be referred without unnecessary delay to any prosecuting agency that may have jurisdiction over the activities in question; and any relevant evidence will be made available to prosecutors, defense, and courts in accordance with the laws of the relevant jurisdiction.
VI. Any administrative action may be appealed to the Commissioner for Internal Affairs.
I, Carita Falk, on behalf of the Archrepublic of Vayinaod vote FOR this act.
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On behalf of the Apostolic Kingdom of Angleter, I, Hrayr Cruthin, vote FOR this Bill.
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On the behalf of Spain, I vote AGAINST this bill.
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On behalf of the Republic of Derecta, I vote AGAINST this act.
HE Cllr. Julian Maverick
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On behalf of the German Empire, I, Gerhard Schröder, vote FOR the bill.
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On behalf of Icholasen, I vote FOR this bill.
- Poppy Carlton-Romanov
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"On behalf of the Microstate of Inquista, I vote FOR this Act."
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Voting ended last night, the results are as follows:
Five votes (71.4%) FOR the act.
Two votes (28.6%) AGAINST the act.
Zero abstentions.European Aviation Standardization Act of 2019 is PASSED meeting the simple majority requirements of the constitution, and is now law. Thank you to everyone who supported this act!
The Kingdom of Spain
