Considerations on COM(2020)579 - Implementation of the Single European Sky (recast)

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dossier COM(2020)579 - Implementation of the Single European Sky (recast).
document COM(2020)579 EN
date September 22, 2020
 
(1) Regulation (EC) No 549/2004 of the European Parliament and of the Council23,

Regulation (EC) No 550/2004 of the European Parliament and of the Council24 and Regulation (EC) No 551/2004 of the European Parliament and of the Council25 have been substantially amended. Since further amendments are to be made, those Regulations should be recast in the interests of clarity.

21 22

24

25

OJ C 241, 7.10.2002, p. 24. OJ C


OJ C 278, 14.11.2002, p. 13. OJ C


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) (OJ L 96,

31.3.2004, p. 1).

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)

(OJ L 96, 31.3.2004, p. 10).

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) (OJ L 96,

31.3.2004, p. 20).

* 549/2004 recital 1 (adapted)

Implementation of the common transport policy requires an efficient air transport system allowing safe and regular operation of air transport services, thus facilitating the free movement of goods, persons and services.

* 549/2004 recital 2 (adapted)

At its Extraordinary Meeting in Lisbon on 23 and 24 March 2000, the European Council called on the Commission to put forward proposals on airspace management, air traffic control and air traffic flow management, based on the work of the High Level Group on the single European sky set up by the Commission. This Group, made up largely of the civil and military air navigation authorities in the Member States, submitted its report in November 2000.

* 1070/2009 recital 2 (adapted) ^ ne w

(2) The adoption by the European Parliament and the Council of the first package of the

single European sky legislation, namely, Regulation (EC) No 549/2004 of 10 Mar ch 2004 laying down the framework for the creation of the single European sky (the framework Regulation), Regulation (EC) No 550/2004 of 10 March 2004 on the

provision of air navigation services in the single European sky (the service provision Regulation), Regulation (EC) No 551/2004 of 10 March 2004 on the organisation and use of the airspace in the sing le European sky (the airspace Re g u lation) , and Regulation (EC) No 552/2004 of the European Parliament and of the Council26 of 10 March 2004 on the interoperability of the European air traffic management network (the interoperability Regulation), laid down a firm legal basis for a seamless, interoperable and safe air traffic management (A TM) system. ^ The adoption of the second package, namely, Regulation (EC) No 1070/2009 of the European Parliament and of the Council27, further strengthened the Single European Sky initiative by introducing the performance scheme and the Network Manager concepts to further improve the performance of the European ATM network. Regulation (EC) No 552/2004 has been repealed by Regulation (EU) 2018/1139 of the European Parliament and of the Council , as the rules necessary for interoperability of ATM systems, constituents and procedures have been incorporated in that Regulation. ^

26

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) (OJ L 96, 31.3.2004, p. 26).

Regulation (EC) No 1070/2009 of the European Parliament and of the Council of 21 October 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 (OJ L 300, 14.11.2009, p. 34). Regulation (EU) 2018/1139 of the European Parliament and of the Council of 4 July 2018 on common rules in the field of civil aviation and establishing a European Union Aviation Safety Agency, and amending

2

28

Q

(3) In order to take into account the changes introduced in Regulation (EU) 2018/1139, it

is necessary to align the content of this Regulation with that of Regulation (EU) 2018/1139.

* 550/2004 recital 3 (adapted)

Regulation (EC) No 549/2004 of the European Parliament and of the Council of 10 March 2004 (the framework Regulation)29 lays down the framework for the creation of the single European sky.

^ 551/2004 recital 4 (adapted)

Regulation (EC) No 549/2004 of the European Parliament and of the Council of 10 March 2004 (the framework Regulation)30 lays down the framework for the creation of the single European sky.

^ 551/2004 recital 5 (adapted)

(4) In Article 1 of the 1944 Chicago Convention on Civil Aviation, the Contracting States

recognise that every State has complete and exclusive sovereignty over the airspace

above its territory’. It is within the framework of such sovereignty that the Member

States of the Commu n ity \S> Union O , subject to applicable international conventions, exercise the powers of a public authority when controlling air traffic.

* 1070/2009 recital 1

(5) Implementation of the common transport policy requires an efficient air transport

system allowing the safe, regular and sustainable operation of air transport services, optimising capacity and facilitating the free movement of goods, persons and services.

Regulations (EC) No 2111/2005, (EC) No 1008/2008, (EU) No 996/2010, (EU) No 376/2014 and Directives 2014/30/EU and 2014/53/EU of the European Parliament and of the Council, and repealing Regulations (EC) No 552/2004 and (EC) No 216/2008 of the European Parliament and of the Council and Council Regulation (EEC) No 3922/91 (OJ L 212, 22.8.2018, p. 1). See page 1 of thi

29 30


See page 1 of t


new

(6) The simultaneous pursuit of the goals of augmentation of air traffic safety standards

and improvement of the overall performance of ATM E/ and         air navigation

services nS (ANS) for general air traffic in Europe re quire E/ requires nS that the human factor be taken into account. Therefore, the Member States should consi der the

introduction of ■=> uphold ^ ‘just culture’ principles. ^ The opinions and

recommendations of the Expert Group on the Human Dimension31 of the Single

European Sky should be considered and taken into account. ^

$,

(7) Improvements in the environmental performance of ATM also directly contribute to

the achievement of the objectives contained in the Paris Agreement and in the Commission’s European Green Deal, in particular through the reduction of aviation emissions.

^ 549/2004 recital 6 (adapted)

(8)\E> In 2004,0 tThe Member States have adopted a general statement on military issues related to the Single European Sky32. According to this statement, Member States should, in particular, enhance c ivi l - mi li tary cooperation and, if and to the extent deemed necessary by all Member States concerned, facilitate cooperation between their armed forces in all matters of air traffic management.

* 549/2004 recital 3

Smooth operation of the air transport system requires a consistent, high level of safety in air navigation services allowing optimum use of Europe's airspace and a consistent, high level of safety in air travel, in keeping with the duty of general interest of air navigation services, including public service obligations. It should therefore be carried out to the highest standards of responsibility and competence.

^ 549/2004 recital 4

The single European sky initiative should be developed in line with the obligations stemming from the membership of the Community and its Member States of Eurocontrol, and in line with the principles laid down by the 1944 Chicago Convention on International Civil Aviation.

31

32 See page 9 of t

C(2017) 7518 final


new

* 549/2004 recital 5 (adapted)

(9) Decisions relating to the content, scope or carrying out of military operations and

training do not fall within the sphere of competence of the C omm un ity E/ Union under Article 100(2) of the Treaty on th e F un cti oning of the European Union <3 .

* 549/2004 recital 23 (adapted)

Arrangements for greater cooperation over the use of Gibraltar airport were agreed in London on 2 December 1987 by the Kingdom of Spain and the United Kingdom in a joint declaration by the Ministers of Foreign Affairs of the two countries. Such arrangements have yet to enter into operation.

* 550/2004 recital 1

Member States have restructured, to varying degrees, their national air navigation service providers by increasing their level of autonomy and freedom to provide services. It is increasingly necessary to ensure that minimum public-interest requirements are satisfiedunder

this new environment.

* 550/2004 rectal 4

In order to create the single European sky, measures should be adopted to ensure the safe and efficient provision of air navigation services consistent with the organisation and use of airspace as provided for in 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)33. The establishment of a harmonised organisation for the provision of such services is important in order to respond adequately to the demand of airspace users and to regulate air traffic safely and efficiently.

* 551/2004 rectal 1

The creation of the single European sky requires a harmonised approach for regulation of the organisation and the use of airspace.


551/2004 recital 2 (adapted)

In the report of the High Level Group on the single European sky in November 2000 it is considered that airspace should be designed, regulated and strategically managed on a European basis.

33

See page 20 of t


551/2004 recital 3 (adapted)

The Communication of the Commission on the creation of the single European sky of 30 November 2001 calls for structural reform to permit the creation of the single European sky by way of a progressively more integrated management of airspace and the development of new concepts and procedures of air traffic management.

^ 551/2004 recital 6

Airspace is a common resource for all categories of users that needs to be used flexibly by all of them, ensuring fairness and transparency whilst taking into account security and defence needs of Member States and their commitments within international organisations.

^ 551/2004 recital 7

Efficient airspace management is fundamental to increasing the capacity of the air traffic services system, to providing the optimum response to various user requirements and to the most flexible


* 549/2004 recital 8

For all these reasons, and with a view to extending the single European sky to include a larger number of European States, the Community should, while taking into account the developments occurring within Eurocontrol, lay down common objectives and an action programme to mobilise the efforts by the Community, the Member States and the various economic stakeholders in order to create a more integrated operating airspace: the single European sky.

^ 549/2004 recital 24

Since the objective of this Regulation, namely the creation of the single European sky, cannot be sufficiently achieved by the Member States, by reason of the transnational scale of the action, and can therefore be better achieved at Community Union level, while allowing for detailed implementing rules that take account of specific local conditions, the Community Union may adopt measures in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve this objective.

* 549/2004 recital 9

Where Member States take action to ensure compliance with Community requirements, the authorities performing verifications of compliance should be sufficiently independent of air navigation service providers.

V 549/2004 recital 10

Air navigation services, in particular air traffic services which are comparable to public authorities, require functional or structural separation and are organised according to very different legal forms in the various Member States.

^ 549/2004 recital 11

Where independent audits are required relating to providers of air navigation services, inspections by the official auditing authorities of the Member States where those services are provided by the administration, or by a public body subject to the supervision of the abovementioned authorities, should be recognised as independent audits, whether the audit reports drawn up are made public or not.

* 1070/2009 recital 9 (adapted)

[=>

(10) To ensure the consistent and sound oversight of service provision across Europe, the national supervisory authorities should be guaranteed sufficient independence and resources. This in depe n de n ce should not prevent those authorities E/ a national supervisory authority nS from ^ being part of a regulatory authority competent for several regulated sectors if that regulatory authority fulfils the independence requirements, or from being joined in terms of its organisation with the national competition authority.^ exercisi n g their tasks within an admmmmmmmmve f ra m ew or k.

.Q,

(11) The financing of the national supervisory authorities should guarantee their

independence, and should allow them to operate in accordance with the principles of fairness, transparency, non-discrimination and proportionality. Appropriate procedures for appointing staff should contribute to guaranteeing the independence of the national supervisory authorities, ensuring in particular that the appointment of persons in charge of strategic decisions is made by a public authority which does not directly exert ownership rights over air navigation service providers.

new

new

(12) National

supervisory authorities have a key role to play in the implementation of the

sSingle European sSky and the Commmmmion ^ they ^ should therefore facilitate

cooperation among the m ^ cooperate with each other ^ in order to enable the exchange of ^ information on their work and dec isi on - makin g principles, ^ best practices ^ and procedures as well as with regard to the application of this

Regulation ^

and to develop a common approach, including through enhanced

regional level. This cooperation should take

cooperation at regional level. This cooperation should take place on a regular basis.

* 550/2004 recital 6

Member States are responsible for monitoring the safe and efficient provision of air navigation services and for the control of compliance by air navigation service providers with the common requirements established at Community level.

* 550/2004 recital 7

Member States should be permitted to entrust to recognised organisations, which are technically experienced, the verification of compliance of air navigation service providers with the common requirements established at Community level.

^ 549/2004 recital 17 (adapted)

The social partners should be informed and consulted in an appropriate way on all measures having significant social implications. The Sectoral Dialogue Committee set up under Commission Decision 1998/500/EC of 20 May 1998 on the establishment of Sectoral Dialogue Committees promoting the dialogue between the social partners at European level34 should also be consulted.

.Q,

(13) The cooperation between air traffic service providers is an important tool for improving the performance of the European ATM system and should be encouraged. Member States should be able to set up cooperation mechanisms not limited to predefined forms of cooperation and geographical areas.

(14) The safety certification and safety oversight of air navigation service providers are conducted by the national competent authorities or by the European Union Aviation Safety Agency (the Agency), in accordance with the requirements and processes laid

34

OJ L 225, 12.8.1998,

_

new

down in Regulation (EU) 2018/1139. Additional requirements related to financial robustness, liability and insurance cover are necessary for the provision of air navigation services and should be subject to an economic certificate. An air navigation service provider should only be able to offer services in the Union where it holds both a safety certificate and the economic certificate.

(15) There should be no discrimination between airspace users as to the provision of equivalent air navigation services.

(16) Air traffic services, provided on an exclusive basis, should be subject to designation and minimum public interest requirements.

(17) Air traffic service providers or airport operators should have the choice to procure communication, navigation and surveillance services (CNS), aeronautical information services (AIS), air traffic data services (ADS), meteorological services (MET) or terminal air traffic services under market conditions, without prejudice to safety requirements, where they find that such procurement enables cost-efficiency gains. The possibility to resort to such procurement is expected to allow for more flexibility and to promote innovation in services, without affecting the specific needs of the military regarding confidentiality, interoperability, system resilience, data access, and ATM security.

(18) Where terminal air traffic services are procured, they should not be subject to the charging scheme set out in this Regulation, nor to, Article 1(4) of Directive 2009/12/EC of the European Parliament and of the Council35, linked to the applicability of that scheme.

(19) The provision of en route air traffic services should be organisationally separated from the provision of CNS, AIS, ADS, MET and terminal air traffic services, including through the separation of accounts, in order to ensure transparency and avoid discrimination, cross-subsidisation and distortion of competition.

(20) Where applicable, the procurement of air navigation services should be carried out in accordance with Directive 2014/24/EU of the European Parliament and of the Council36 and Directive 2014/25/EU of the European Parliament and of the Council37. National supervisory authorities should ensure that procurement requirements for air navigation services are fulfilled.

(21) The traffic management of unmanned aircraft requires the availability of common information services. In order to contain the costs of such traffic management, prices for common information services should be based on cost and a reasonable mark-up for profit, and should be subject to approval by national supervisory authorities. To enable the provision of the service, the required data should be made available by air navigation service providers.

(22) The performance and charging schemes are intended to make air navigation services provided under conditions other than market conditions more cost-efficient and to promote better service quality and should, to this end, include relevant and appropriate

35            Directive 2009/12/EC of the European Parliament and of the Council of 11 March 2009 on airport charges (OJ L 70, 14.3.2009, p. 11).

36            Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement and repealing Directive 2004/18/EC (OJ L 94, 28.3.2014, p. 65).

37            Directive 2014/25/EU of the European Parliament and of the Council of 26 February 2014 on procurement by entities operating in the water, energy, transport and postal services sectors and repealing Directive 2004/17/EC (OJ L 94, 28.3.2014, p. 243)

.

incentives. In view of this objective, the performance and charging schemes should not cover services supplied under market conditions.

(23) To be most effective, the necessary oversight regarding the performance and charging schemes should be directed at designated air traffic service providers as such.

(24) The responsibilities for the oversight in respect of the performance and charging schemes should be appropriately divided.

(25) Given the cross border and network elements inherent in the provision of en route air navigation services and the fact that, as a consequence, performance is notably to be assessed against Union-wide performance targets, a Union body should be in charge of the assessment and approval of the performance plans and performance targets for en route air navigation services, subject to judicial review by an appeal body and eventually by the Court of Justice. In order to ensure that the tasks be carried out with a high level of expertise and necessary independence, that Union body should be the Agency acting as Performance Review Body (PRB), functioning in accordance with the dedicated governance rules set out in Regulation (EU) 2018/1139. Given their knowledge of the local circumstances, necessary to assess terminal air navigation services, national supervisory authorities should be in charge of the assessment and approval of the performance plans and performance targets for terminal air navigation services. The allocation of costs between en route and terminal air navigation services constitutes a single operation, relevant to both types of services, and should therefore be subject to the oversight of the Agency acting as PRB.

(26) Draft performance plans in the area of en route and terminal navigation services should be consistent with respective Union-wide performance targets and conform to certain qualitative criteria, so as to ensure as much as possible that the targets set are effectively met. The assessment procedure should ensure that shortcomings are swiftly corrected.

(27) The performance of the network functions should be subject to criteria specific to them, having regard to the peculiar nature of these functions. The network functions should be subject to performance targets in the key performance areas of the environment, capacity and cost-efficiency.

(28) The charging scheme should be based on the principle that airspace users should pay for the cost incurred for the provision of the services received but that only cost imputable to such service and not covered otherwise should be taken into account. The costs related to the Network Manager should be included in the determined costs eligible to be charged to airspace users. Charges should encourage the safe, efficient, effective and sustainable provision of air navigation services with a view to achieving a high level of safety and cost-efficiency and meeting the performance targets and they should stimulate integrated service provision, whilst reducing the environmental impact of aviation.

(29) Mechanisms for modulation of charges to improve environmental performance and service quality, notably through increased use of sustainable alternative fuels, increased capacity and reduced delays, while maintaining an optimum safety level, should be set up at Union-wide level given the cross-border nature of aviation. National supervisory authorities should also have the possibility to establish mechanisms at local level regarding terminal services.

(30) In order to incentivise airspace users to fly the shortest route, in particular in times of congestion, it should be possible to establish a common unit rate for en route services

across the Single European Sky airspace. The establishment of any such common unit rate should be revenue neutral for air traffic service providers.

(31) Provision should be made for the transparency of the accounts of air navigation service providers, as one means to prevent cross-subsidisation and ensuing distortions.

(32) ATM network functions should contribute to the sustainable development of the air transport system and support the achievement of Union-wide performance targets. They should ensure the sustainable, efficient and environmentally optimal use of airspace and of scarce resources, reflect operational needs in the deployment of the European ATM network infrastructure and should provide support in case of network crises. A number of tasks contributing to the execution of these functions should be carried out by a Network Manager, whose action should involve all operational stakeholders concerned.

(33) In the cooperative decision making process for the decisions to be taken by the Network Manager, the interest of the network should prevail. Parties to the cooperative decision-making process should therefore act to the maximum extent possible with a view to improving the functioning and performance of the network. The procedures for the cooperative decision-making process should promote the interest of the network, and be such that issues are resolved and consensus found wherever possible.

(34) To enhance the customer focus of air traffic service providers and to increase the possibility of airspace users to influence decisions which affect them, the consultation and participation of stakeholders in major operational decisions of the air traffic service providers should be made more effective.

* 1070/2009 recital 11 (adapted)

Conditions attached to certificates should be objectively justified and should be non-discriminatory, proportionate and transparent, and compatible with relevant international

standards.

^ 550/2004 recital 2 (adapted)

The report of the High Level Group on the single European sky of November 2000 has confirmed the need for rules at Community level to distinguish between regulation and service provision and to introduce a system of certification aimed at preserving public interest requirements, most notably in terms of safety, and to improve charging mechanisms.

* 550/2004 recital 10

Whilst guaranteeing the continuity of service provision, a common system should be established for certifying air navigation service providers, which constitutes a means for defining the rights and obligations of those providers and for regular monitoring of compliance with such requirements.

* 550/2004 recital 12

The certificates should be mutually recognised by all Member States in order to allow air navigation service providers to provide services in a Member State other than the country in which they obtained their certificates, within the limits of the safety requirements.

V 550/2004 recital 14

In the interest of facilitating the safe handling of air traffic across the boundaries of the Member States for the benefit of the airspace users and their passengers, the system of certification should provide for a framework to enable Member States to designate providers of air traffic services, regardless of where they have been certified.

^ 550/2004 recital 5

The provision of air traffic services, as envisaged by this Regulation, is connected with the exercise of the powers of a public authority, which are not of an economic nature justifying the application of the Treaty rules of competition.

* 550/2004 recital 13

The provision of communication, navigation and surveillance services, as well as aeronautical information services, should be organised under market conditions whilst taking into account the special features of such services and maintaining a high level of safety.

* 550/2004 rectal 15

On the basis of their analysis of safety considerations, Member States should be able to designate one or more providers of meteorological services in respect of all or part of the airspace under their responsibility, without the need to organise a call for tenders.

* 550/2004 rectal 19

Charging conditions applying to airspace users should be fair and

^ 550/2004 rectal 20

User charges should provide remuneration for the facilities and services provided by air navigation service providers and Member States. The level of user charges should be proportionate to the cost, taking into consideration the objectives of safety and economic efficiency.

* 550/2004 recital 21

There should be no discrimination between airspace users as to the provision of equivalent air navigation services.

* 550/2004 recital 22

Air navigation service providers offer certain facilities and services directly related to the operation of aircraft, the costs of which they should be able to recover according to the ‘user pays’ principle, which is to say that airspace users should pay for the costs they generate at, or as close as possible to, the point of use.

^ 550/2004 recital 23

It is important to ensure the transparency of the costs to which such facilities or services give rise. Accordingly, any changes made to the system or level of charges should be explained to airspace users; such changes or investment proposed by air navigation service providers should be explained as part of an exchange of information between their management bodies and airspace users.

* 550/2004 recital 24

There should be scope for modulating charges that contribute to maximising system-wide capacity. Financial incentives may be a useful way of accelerating the introduction of ground-based or airborne equipment that increases capacity, of rewarding high performance or of offsetting the inconvenience of choosing less desirable routings.

* 550/2004 rectal 25

In the context of those revenues raised to provide a reasonable return on assets, and in direct correlation with the savings made from efficiency improvements, the Commission should study the possibility of establishing a reserve aimed at reducing the impact of a sudden increase in charges to airspace users at times of reduced levels of traffic.

^ 550/2004 rectal 26

The Commission should examine the feasibility of organising temporary financial aid for measures to increase the capacity of Europe's air traffic control system as a whole.

* 550/2004 recital 27

The establishment and imposition of charges on airspace users should be reviewed by the Commission on a regular basis, in cooperation with Eurocontrol, and with national supervisory authorities and airspace users.

* 551/2004 recital 8

The activities of Eurocontrol confirm that the route network and airspace structure cannot realistically be developed in isolation, as each individual Member State is an integral element of the European air traffic management network (EATMN), both inside and outside the Community.

^ 551/2004 recital 13

It is essential to achieve a common, harmonised airspace structure in terms of routes and sectors, to base the present and future organisation of airspace on common principles, and to design and manage airspace in accordance with harmonised rules.

Q

(35) Availability of relevant operational data is essential for enabling the flexible provision

of air traffic data services, on cross-border and on Union-wide bases. Therefore, such data should be made available to relevant stakeholders, including to prospective new providers of air traffic data services. Accuracy of information including on airspace status and on specific air traffic situations and timely distribution of this information to civil and military controllers has a direct impact on the safety and efficiency of operations. Timely access to up-to-date information on airspace status is essential for all parties wishing to take advantage of airspace structures made available when filing or re-filing their flight plans.

^ 550/2004 recital 16

Air navigation service providers should establish and maintain close cooperation with military authorities responsible for activities that may affect general air traffic, through appropriate arrangements.

* 550/2004 rectal 17

The accounts of all air navigation service providers should provide for maximum transparency.

new

* 550/2004 recital 18

The introduction of harmonised principles and conditions for access to operational data should facilitate the provision of air navigation services and the operation of airspace users and airports under a new environment.

* 551/2004 recital 9

A progressively more integrated operating airspace should be established for en-route general air traffic in the upper airspace; the interface between upper and lower airspace should be identified accordingly.

^ 551/2004 recital 10

A European upper flight information region (EUIR) encompassing the upper airspace under the responsibility of the Member States within the scope of this Regulation should facilitate common planning and aeronautical information publication in order to overcome regional

bottlenecks.

* 1070/2009 recital 30 (adapted) ^ new

(36) The provision of moder n, complete, high-quality and timely aeronautical information

has a significant impact on safety and on facilitating access to C omm un ity E/ Union nS airspace and ^ the possibilities of moving ^ fr eedom o movement within it. Taking account of the ATM Master Plan, the Community should take the

initiative to modernise thi s sector in cooperation with Eurocontrol and ensure that

users are able to access those data through a single public point of access, priding a modern, user friendly and va li da ted integrated briefing ■=> Access to those data should be facilitated through an appropriate information infrastructure ^.

.Q,

(37) The safe and efficient use of airspace can only be achieved through close cooperation between civil and military airspace users, which in practice is mainly based on the concept of flexible use of airspace and effective civil-military coordination as established by ICAO. Rules should be established with a view to ensuring the application of this concept, and the Commission should be empowered to provide for measures ensuring greater harmonisation.

(38) The SESAR project is aimed at enabling the safe, efficient and environmentally sustainable development of air transport by modernising the European and global ATM system. In order to contribute to its full effectiveness, proper coordination between the phases of the project should be ensured. The European ATM Master Plan

new

should result from the SESAR definition phase, and should contribute to achieving the Union-wide performance targets.

(39) The concept of common projects should aim at implementing, in a timely, coordinated and synchronised manner, the essential operational changes identified in the European ATM Master Plan which have a network-wide impact.The Commission should be charged with carrying out a cost-benefit analysis in respect of the funding with a view to speedying up the deployment of the SESAR project.

(40) Compliance with the requirements for ATM systems and constituents established by Regulation (EU) 2018/1139 should ensure the interoperability of those systems and constituents, to the benefit of the Single European Sky.

V 551/2004 recital 11

Airspace users face disparate conditions of access to, and freedom of movement within, the Community airspace. This is due to the lack of harmonisation in the classification of airspace.

* 551/2004 recital 12

The reconfiguration of airspace should be based on operational requirements regardless of existing boundaries. Common general principles for creating uniform functional airspace blocks should be developed in consultation with and on the basis of technical advice from Eurocontrol.

^ 551/2004 recital 14

The concept of the flexible use of airspace should be applied effectively; it is necessary to optimise the use of sectors of airspace, especially during peak periods for general air traffic and in high-traffic airspace, by cooperation between Member States in respect of the use of such sectors for military operations and training. To that end, it is necessary to allocate the appropriate resources for an effective implementation of the concept of the flexible use of airspace, taking into account both civil and military requirements.

* 551/2004 recital 15

Member States should endeavour to cooperate with neighbouring Member States to apply the concept of flexible use of airspace across national borders.

* 551/2004 rectal 16

Differences in the organisation of civil-military cooperation in the Community restrict uniform and timely airspace management and the implementation of changes. The success of the single European sky is dependent upon effective cooperation between civil and military authorities, without prejudice to the prerogatives and responsibilities of the Member States in the field of defence.

* 551/2004 recital 17

Military operations and training should be safeguarded whenever the application of common principles and criteria is detrimental to their safe and efficient performance.

V 551/2004 recital 18

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.

* 549/2004 recital 7

Airspace constitutes a limited resource, the optimum and efficient use of which will be possible only if the requirements of all users are taken into account and where relevant, represented in the whole development, decision-making process and implementation of the single European sky, including the Single Sky Committee.

^ 549/2004 recital 25

The measures necessary for the implementation of this Regulation should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission38.

^ 549/2004 rectal 26 (adapted)

Article 8(2) of the Standard Rules of Procedure for committees39 established in application of Article 7(1) of Decision 1999/468/EC provides a standard rule according to which the Chairman of a committee may decide to invite third parties to a meeting of that committee. If appropriate, the Chairman of the Single Sky Committee should invite representatives of Eurocontrol to take part in meetings as observers or experts,

* 549/2004 rectal 18

Stakeholders such as air navigation service providers, airspace users, airports, manufacturing industry and professional staff representative bodies should have the possibility to advise the Commission on technical aspects of the implementation of the single European sky.

38

39           OJ C 38, 6.2.2001,

OJ L 184, 17.7.1999,


* 549/2004 recital 12

It is desirable to extend the single European sky to European third countries, either within the framework of participation by the Community in the work of Eurocontrol, after the accession by the Community to Eurocontrol, or by means of agreements concluded by the Community with these

countries.

^ 549/2004 recital 13

The accession of the Community to Eurocontrol is an important component in the creation of a pan-European airspace.

^ 549/2004 recital 14

In the process of creating the single European sky, the Community should, where appropriate, develop the highest level of cooperation with Eurocontrol in order to ensure regulatory synergies and consistent approaches, and to avoid any duplication between the two sides.

^ 549/2004 recital 15 (adapted)

In accordance with the conclusions of the High Level Group, Eurocontrol is the body that has the appropriate expertise to support the Community in its role as regulator. Accordingly, implementing rules should be developed, for matters falling within the remit of Eurocontrol as a result of mandates to that organisation, subject to the conditions to be included in a framework of cooperation between the Commission and Eurocontrol.

* 549/2004 rectal 16

The drafting of the measures necessary in order to create the single European sky requires broad-based consultations of economic and social stakeholders.

* 550/2004 rectal 8

Smooth operation of the air transport system also requires uniform and high safety standards for air navigation service providers.

* 550/2004 rectal 9

Arrangements should be made to harmonise the licensing systems for controllers, in order to improve the availability of controllers and to promote the mutual recognition of licences.

* 550/2004 recital 28

Owing to the particular sensitivity of information concerning air navigation service providers, national supervisory authorities should not disclose information covered by the obligation of professional secrecy, without prejudice to the organisation of a system for monitoring and publishing the performance of those providers,

* 549/2004 recital19

The performance of the air navigation services system as a whole at European level should be assessed on a regular basis, with due regard to the maintenance of a high level of safety, to check the effectiveness of the measures adopted and to propose further measures.

^ 549/2004 recital 21

The impact of the measures taken to apply this Regulation should be evaluated in the light of reports to be submitted regularly by the Commission.

^ 551/2004 recital 19

It is desirable to reflect upon the extension of upper airspace concepts to the lower airspace, in accordance with a timetable and appropriate studies,

^ 549/2004 rectal 22

This Regulation does not affect the power of Member States to adopt provisions in relation to the organisation of their armed forces. This power may lead Member States to adopt measures to ensure that their armed forces have sufficient airspace for adequate education and training purposes. Provision should therefore be made for a safeguards clause to enable this power to be exercised.

.n,

(41) In order to take into account technical or operational developments, in particular by

amending annexes, or by supplementing the provisions on network management, 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. The content and scope of each delegation is set out in detail in the relevant Articles. When adopting delegated acts under this Regulation, it is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in

new

the Interinstitutional Agreement of 13 April 2016 on Better Law-Making40. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States’ experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.

(42) In order to ensure uniform conditions for the implementation of this Regulation, in

particular with regard to the modalities of recruitment and selection procedures for national supervisory authorities, rules on the economic certification of air navigation service providers, rules for the implementation of the performance and charging schemes, in particular on the setting of Union-wide performance targets, the classification of en route and terminal air navigation services, the criteria and procedures for the assessment of the draft performance plans and performance targets of air traffic service providers and the Network Manager, the monitoring of performance, rules for the provision of information on costs and charges, the content and establishment of the cost base for charges and the setting of unit rates for air navigation services, incentive mechanisms and risk-sharing mechanisms, the appointment of the Network Manager and the terms and conditions of such appointment, the tasks of the Network Manager and the governance mechanisms to be applied by it, rules on the execution of the network functions, modalities of the consultation of stakeholders on major operational decisions of the air traffic service providers, requirements regarding the availability of operational data, conditions of access and setting of access prices, application of the concept of flexible use of airspace, the establishment of common projects and the governance mechanisms applicable to them, 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 Council41.

^ 1070/2009 recital 11 (adapted)

(43) The social partners should be better informed and consulted on all measures having

significant social implications. At Community \S> Union O level, the Sectoral Dialogue Committee set up under Commission Decision 98/500/EC42 should also be consulted.

* 549/2004 recital 20 (adapted)

(44) The sancti ons E/ penalties nS provided for with respect to infringements of this

Regulation and of the measures referred to in Article 3 should be effective, proportional and dissuasive, without reducing safety.

40 41

OJ L 123, 12.5.2016, p. 1.

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 (OJ L 55, 28.2.2011, p. 13). OJ L 225, 12.8.1998, p. 27.

42

Q

(45) In view of the legal position of the Kingdom of Spain with regard to sovereignty and

jurisdiction on the territory where the airport is located, this Regulation should not apply to Gibraltar airport.

* 549/2004 recital 24 (adapted)

(46) Since the objective of this Regulation, namely the creati on E/

the Single European Sky, cannot be sufficiently achieved by the Member States, by

implementation nS of

reason of the

transnational

scale of the

and


can therefore


rather,

by reason of the transnational scale of the action,


be better achieved at

Community

E> Union O level, while allowing for detailed i m pl e m entin g rules that take account of specific local c on ditions , the C omm un i ty E/ Union nS may adopt measures, in accordance with the principle of subsi diar ity, as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve this E/ that nS objective,

* 550/2004 (adapted)