Legal provisions of COM(2013)410 - Implementation of the Single European Sky (recast) - Main contents
Please note
This page contains a limited version of this dossier in the EU Monitor.
| dossier | COM(2013)410 - Implementation of the Single European Sky (recast). |
|---|---|
| document | COM(2013)410  |
| date | June 11, 2013 |
Contents
- CHAPTER I - GENERAL PROVISIONS
- Article 1 - Objective Ö Subject matter Õ and scope
- CHAPTER I - GENERAL
- CHAPTER I - GENERAL
- Article 2 - Definitions
- Article 3 - Fields for action by the Community
- CHAPTER II - Ö national authorities Õ
- Article 5 - Co-operation between national supervisory authorities
- CHAPTER III - RULES FOR THE Ö SERVICE Õ PROVISION OF SERVICES
- Article 6 - Common requirements
- CHAPTER III - CHARGING SCHEMES
- CHAPTER II - IV
- CHAPTER III - FLEXIBLE USE OF AIRSPACE IN THE SINGLE EUROPEAN SKY
- Article 7 - Flexible use of airspace
- Article 8 - Temporary suspension
- CHAPTER II - V
- CHAPTER III - VERIFICATION OF COMPLIANCE
- CHAPTER IV - V
- CHAPTER IV - FINAL PROVISIONS
- Article 9 - Revision of Annexes
- CHAPTER IV - FINAL PROVISIONS
- Article 10 - Review
CHAPTER I - GENERAL PROVISIONS
ê 1070/2009 Art. 1.1 (adapted)
ð new
Article 1 - Objective Ö Subject matter Õ and scope
ê 1070/2009 Art. 1.2 (adapted)
2. The application of this Regulation and of the measures referred to in Article 3 shall be without prejudice to Member States' sovereignty over their airspace and to the requirements of the Member States relating to public order, public security and defence matters, as set out in Article 38 13. This Regulation and the measures referred to in Article 3 do Ö does Õ not cover military operations and training.
ê 1070/2009 Art. 1.3 (adapted)
3. The application of this Regulation and of the measures referred to in Article 3 shall be without prejudice to the rights and duties of Member States under the 1944 Chicago Convention on International Civil Aviation (the Chicago Convention). In this context, an additional objective of this Regulation is, Ö seeks to assist, Õ in the fields it covers, to assist Member States in fulfilling their obligations under the Chicago Convention, by providing a basis for a common interpretation and uniform implementation of its provisions, and by ensuring that these provisions are duly taken into account in this Regulation and in the rules drawn up for its implementation.
ê 550/2004
CHAPTER I - GENERAL
Article 1 - Scope and objective
1. Within the scope of the framework Regulation, this Regulation concerns the provision of air navigation services in the single European sky. The objective of this Regulation is to establish common requirements for the safe and efficient provision of air navigation services in the Community.2. This Regulation shall apply to the provision of air navigation services for general air traffic in accordance with and within the scope of the framework Regulation.
ê 551/2004
CHAPTER I - GENERAL
Article 1 - Objective and scope
1. Within the scope of the framework Regulation, this Regulation concerns the organisation and the use of airspace in the Single European Sky. The objective of this Regulation is to support the concept of a progressively more integrated operating airspace within the context of the common transport policy and to establish common procedures for design, planning and management ensuring the efficient and safe performance of air traffic management.2. The use of airspace shall support the operation of the air navigation services as a coherent and consistent whole in accordance with 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).
ê 551/2004 (adapted)
ð new
43. Without prejudice to Article 10, tThis Regulation shall apply to the airspace within the ICAO EUR and AFI ð and NAT ï regions where Member States are responsible for the provision of air traffic services in accordance with the service provision Ö this Õ Regulation. Member States may also apply this Regulation to airspace under their responsibility within other ICAO regions, on condition that they inform the Commission and the other Member States thereof.
ê 551/2004
4. The Flight Information Regions comprised within the airspace to which this Regulation applies shall be published in the Official Journal of the European Union.
ê 1070/2009 Art. 1.1
54. The application of this Regulation to the airport of Gibraltar is understood to be without prejudice to the respective legal positions of the Kingdom of Spain and the United Kingdom of Great Britain and Northern Ireland with regard to the dispute over sovereignty over the territory in which the airport is situated.
ê 552/2004
Article 1 - Objective and scope
1. Within the scope of the framework Regulation, this Regulation concerns the interoperability of the EATMN.2. This Regulation shall apply to the systems, their constituents and associated procedures identified in Annex I.
3. The objective of this Regulation is to achieve interoperability between the different systems, constituents and associated procedures of the EATMN, taking due account of the relevant international rules. This Regulation aims also at ensuring the coordinated and rapid introduction of new agreed and validated concepts of operations or technology in air traffic management.
ê 549/2004 (adapted)
Article 2 - Definitions
ê 549/2004
ð new
1.‘air traffic control (ATC) service’ means a service provided for the purpose of:
(a) preventing collisions:
– between aircraft, and
– in the manoeuvring area between aircraft and obstructions; and
(b) expediting and maintaining an orderly flow of air traffic;
2.‘aerodrome control service’ means an ATC service for aerodrome traffic;
3.‘aeronautical information service’ means a service established within the defined area of coverage responsible for the provision of aeronautical information and data necessary for the safety, regularity, and efficiency of air navigation;
4.‘air navigation services’ means air traffic services; communication, navigation and surveillance services; meteorological services for air navigation; and aeronautical information services;
5.‘air navigation service providers’ means any public or private entity providing air navigation services for general air traffic;
6.‘airspace block’ means an airspace of defined dimensions, in space and time, within which air navigation services are provided;
7.‘airspace management’ means a planning function ð service ï with the primary objective of maximising the utilisation of available airspace by dynamic time-sharing and, at times, the segregation of airspace among various categories of airspace users on the basis of short-term needs;
ê 1070/2009 Art. 1.2(a)
8.‘airspace users’ means operators of aircraft operated as general air traffic;
ê 549/2004
ð new
9.‘air traffic flow management’ means a function ð service ï established with the objective of contributing to a safe, orderly and expeditious flow of air traffic by ensuring that ATC capacity is utilised to the maximum extent possible, and that the traffic volume is compatible with the capacities declared by the appropriate air traffic service providers;
ê 1070/2009 Art. 1.2(b)
ð new
10.‘air traffic management (ATM)’ means the aggregation of the airborne and ground-based functions ð services ï (air traffic services, airspace management and air traffic flow management) required to ensure the safe and efficient movement of aircraft during all phases of operations;
ê 549/2004
11.‘air traffic services’ means the various flight information services, alerting services, air traffic advisory services and ATC services (area, approach and aerodrome control services);
12.‘area control service’ means an ATC service for controlled flights in a block of airspace;
13.‘approach control service’ means an ATC service for arriving or departing controlled flights;
ê 1070/2009 Art. 1.2(c)
1413a.‘ATM Master Plan’ means the plan endorsed by Council Decision 2009/320/EC, in accordance with Article 1(2) of Council Regulation (EC) No 219/2007 of 27 February 2007 on the establishment of a Joint Undertaking to develop the new generation European air traffic management system (SESAR);
ò new
15. ‘aviation crisis’ means circumstances under which airspace capacity is abnormally reduced as a result of major adverse weather circumstances or the unavailability of large airspace parts either through natural or political reasons;
ê 549/2004
1614.‘bundle of services’ means two or more air navigation services;
ê 1070/2009 Art. 1.2(d)
1715.‘certificate’ means a document issued by a national supervisory authority in any form complying with national law, which confirms that an air navigation service provider meets the requirements for providing a specific service;
ê 549/2004
1816.‘communication services’ means aeronautical fixed and mobile services to enable ground-to-ground, air-to-ground and air-to-air communications for ATC purposes;
17.‘European air traffic management network’ (EATMN) means the collection of systems listed in Annex I to 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) enabling air navigation services in the Community to be provided, including the interfaces at boundaries with third countries;
18.‘concept of operation’ means the criteria for the operational use of the EATMN or of part thereof;
19.‘constituents’ means tangible objects such as hardware and intangible objects such as software upon which the interoperability of the European Air Traffic management Network (EATMN) depends;
ò new
20. ‘declaration’ means for purposes of ATM/ANS, any written statement:
- on the conformity or suitability for use of systems and constituents issued by an organisation engaged in the design, manufacture and maintenance of ATM/ANS systems and constituents;
- on the compliance with applicable requirements of a service or a system to be put into operation issued by a service provider";
- on the capability and means of discharging the responsibilities associated with certain flight information services
ê 549/2004 (adapted)
20.‘Eurocontrol’ is the European Organisation for the Safety of Air Navigation set up by the International Convention of 13 December 1960 relating to Cooperation for the Safety of Air Navigation;
ê 1070/2009 Art. 1.2(f) (adapted)
2122.‘flexible use of airspace’ means an airspace management concept applied in the European Civil Aviation Conference area on the basis of the ‘Airspace management handbook for the application of the concept of the flexible use of airspace’ issued by Ö the European Organisation for the Safety of Air Navigation Õ (Eurocontrol) Ö Õ ;
ê 549/2004
23.‘flight information region’ means an airspace of defined dimensions within which flight information services and alerting services are provided;
ê 1070/2009 Art. 1.2(g)
2223a.‘flight information service’ means a service provided for the purpose of giving advice and information useful for the safe and efficient conduct of flights;
2323b.‘alerting service’ means a service provided to notify relevant organisations regarding aircraft in need of search and rescue aid, and to assist such organisations as required;
ê 549/2004
24.‘flight level’ means a surface of constant atmospheric pressure which is related to the specific pressure datum of 1013,2 hectopascals and is separated from other such surfaces by specific pressure intervals;
ê 1070/2009 Art. 1.2(h)
2425.‘functional airspace block’ means an airspace block based on operational requirements and established regardless of State boundaries, where the provision of air navigation services and related functions are performance-driven and optimised with a view to introducing, in each functional airspace block, enhanced cooperation among air navigation service providers or, where appropriate, an integrated provider;
ê 549/2004 (adapted)
2526.‘general air traffic’ means all movements of civil aircraft, as well as all movements of State aircraft (including military, customs and police aircraft) when these movements are carried out in conformity with the procedures of .the Ö International Civil Aviation Organisation (ICAO), as established by the 1944 Chicago Convention on International Civil Aviation Õ ICAO;
27.‘ICAO’ means the International Civil Aviation Organisation, as established by the 1944 Chicago Convention on International Civil Aviation;
2628.‘interoperability’ means a set of functional, technical and operational properties required of the systems and constituents of the EATMN and of the procedures for its operation, in order to enable its safe, seamless and efficient operation. Interoperability is achieved by making the systems and constituents compliant with the essential requirements;
2729.‘meteorological services’ means those facilities and services that provide aircraft with meteorological forecasts, briefs and observations as well as any other meteorological information and data provided by States for aeronautical use;
2830.‘navigation services’ means those facilities and services that provide aircraft with positioning and timing information;
2931.‘operational data’ means information concerning all phases of flight that are required to take operational decisions by air navigation service providers, airspace users, airport operators and other actors involved;
32.‘procedure’, as used in the context of the interoperability Regulation, means a standard method for either the technical or the operational use of systems, in the context of agreed and validated concepts of operation requiring uniform implementation throughout the EATMN;
3033.‘putting into service’ means the first operational use after the initial installation or an upgrade of a system;
3134.‘route network’ means a network of specified routes for channelling the flow of general air traffic as necessary for the provision of ATC services;
35.‘routing’ means the chosen itinerary to be followed by an aircraft during its operation;
36.‘seamless operation’ means the operation of the EATMN in such a manner that from the user's perspective it functions as if it were a single entity;
ê 549/2004
3238.‘surveillance services’ means those facilities and services used to determine the respective positions of aircraft to allow safe separation;
3339.‘system’ means the aggregation of airborne and ground-based constituents, as well as space-based equipment, that provides support for air navigation services for all phases of flight;
3440.‘upgrade’ means any modification that changes the operational characteristics of a system;
ê 1070/2009 Art. 1.2(j)
3541.‘cross-border services’ means any situation where air navigation services are provided in one Member State by a service provider certified in another Member State. ;
ò new
36. ‘national supervisory authority’ means the national body or bodies entrusted by a Member State with the tasks of supervision in accordance with this Regulation and the national competent authorities entrusted with the tasks provided for in Article 8b of Regulation (EC) No 216/2008;
37. 'support services’ means air navigation services other than air traffic services as well as other services and activities, which are linked to, and support the provision of air navigation services;
38. local performance targets means performance targets set by the Member States at local level, namely functional airspace block, national, charging zone or airport level.
ê 549/2004
Article 3 - Fields for action by the Community
(a) 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);
(b) 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); and
(c) 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);
and with the implementing rules adopted by the Commission on the basis of this Regulation and the regulations referred to above.
2. The measures referred to in paragraph 1 shall apply subject to the provisions of this Regulation.
ê 1070/2009 Art. 1.3 (adapted)
ð new
CHAPTER II - Ö national authorities Õ
Article 34 - National supervisory authorities
1. Member States shall, jointly or individually, either nominate or establish a body or bodies as their national supervisory authority in order to assume the tasks assigned to such authority under this Regulation and under the measures referred to in Article 3.2. The national supervisory authorities shall be ð legally distinct and ï independent of ð in particular in organisational, hierarchical and decision-making terms, from any ï air navigation service providers ð or any private or public entity having an interest in the activities of such providers ï. This independence shall be achieved through adequate separation, at the functional level at least, between the national supervisory authorities and such providers.
ò new
3. Without prejudice to paragraph 2, the national supervisory authorities may be joined in organisational terms with other regulatory bodies and/or safety authorities.
4. The national supervisory authorities that are not legally distinct from any air navigation service providers or any private or public entity having an interest in the activities of such providers, as provided for in paragraph 2, on the date of entry into force of this Regulation shall meet this requirement by 1 January 2020 at the latest.
ê 1070/2009 Art. 1.3 (adapted)
ð new
35. Ö The Õ Nnational supervisory authorities shall exercise their powers impartially, independently and transparently. This shall be achieved by applying appropriate management and control mechanisms ð In particular, they shall be organised, staffed, managed and financed so as to allow them to exercise their powers in that manner. ï , including within the administration of a Member State. However, this shall not prevent the national supervisory authorities from exercising their tasks within the rules of organisation of national civil aviation authorities or any other public bodies
ò new
6. Staff of the national supervisory authorities shall:
(a) be recruited under clear and transparent rules which guarantee their independence and as regards persons in charge of strategic decisions, be appointed by the national cabinet or council of ministers or another public authority which does not directly control, or benefit from the air navigation service providers;
(b) be selected in a transparent procedure on the basis of their specific qualifications, including appropriate competence and relevant experience inter alia in the field of auditing, air navigation services and systems;
(c) act independently in particular from any interest related to air navigation service providers and shall not seek or take instructions from any government or other public or private entity when carrying out the functions of the national supervisory authority;
(d) as regards persons in charge of strategic decisions, make an annual declaration of commitment and declaration of interests indicating any direct or indirect interests that may be considered prejudicial to their independence and which may influence the performance of their functions; and
(e) as regards persons in charge of strategic decisions, audits or other functions directly linked to oversight or performance targets of air navigation service providers, have no professional position or responsibility with any of the air navigation service providers after their term in the national supervisory authority, for a period of at least one year.
ê 1070/2009 Art. 1.3
ð new
74. Member States shall ensure that national supervisory authorities have the necessary resources and capabilities to carry out the tasks assigned to them under this Regulation in an efficient and timely manner. ð The national supervisory authorities shall have full authority over the recruitment and management of their staff based on their own appropriations stemming from inter alia route charges to be set in proportion to the tasks to be fulfilled by the authority in accordance with Article 4. ï
85. Member States shall notify the Commission of the names and addresses of the national supervisory authorities, as well as changes thereto, and of the measures taken to ensure compliance with ð this Articleï paragraphs 2,3 and 4.
ò new
9. The Commission shall establish detailed rules laying down the modalities of the recruitment and selection procedures for the application of paragraphs 6(a) and (b). Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 27(3).
ê 1070/2009 Art. 2.1 (adapted)
Article 42 - Tasks of the national supervisory authorities
1. The national supervisory authorities referred to in Article 3 4 of the framework Regulation shall Ö be entrusted in particular with the following tasks: Õ(a) ensure Ö ensuring Õ the appropriate supervision of the application of this Regulation, in particular with regard to the safe and efficient operation of air navigation service providers which provide services relating to the airspace falling under the responsibility of the Member State which nominated or established the relevant authority.;
ò new
(b) granting of certificates to air navigation services providers in accordance with Article 8b of Regulation (EC) No 216/2008 and overseeing the application of the conditions under which they have been granted;
(c) issuing licenses, ratings, endorsements and certificates for air traffic controllers in accordance with Article 8c of Regulation (EC) No 216/2008 and overseeing the application of the conditions under which they have been issued;
(d) drawing up performance plans and monitoring their implementation in accordance with Article 11;
(e) monitoring the implementation of the charging scheme in accordance with Articles 12 and 13;
(f) approving the conditions of access to operational data in accordance with Article 22; and
(g) supervising declarations and the putting into service of systems.
ê 1070/2009 Art. 2.1 (adapted)
ð new
2. To this end, eEach national supervisory authority shall organise proper inspections and surveys to verify compliance with the requirements of this Regulation including human resources requirements for the provision of air navigation services. The air navigation service provider concerned shall facilitate such work.
ò new
Article 5 - Co-operation between national supervisory authorities
Subject to the rules on data protection provided for in Article 22 of this Regulation and in Regulation (EC) No 45/2001, the Commission shall support the exchange of the information referred to in the first and second subparagraph of this paragraph among the members of the network, possibly through electronic tools, respecting the confidentiality of business secrets of air navigation service providers.
2. The national supervisory authorities shall cooperate closely, including through working arrangements, for the purposes of mutual assistance in their monitoring tasks and handling of investigations and surveys.
ê 1070/2009 Art. 2.1
ð new
3. In respect of functional airspace blocks that extend across the airspace falling under the responsibility of more than one Member State, the Member States concerned shall conclude an agreement on the supervision provided for in this Article with regard to the air navigation service providers providing services relating to those blocks. ð The national supervisory authorities concerned shall establish a plan specifying the modalities of their co-operation with a view to giving effect to that agreement. ï
ê 1070/2009 Art. 2.1 (adapted)
4. National supervisory authorities shall cooperate closely to ensure adequate supervision of air navigation service providers holding a valid certificate from one Member State that also provide services relating to the airspace falling under the responsibility of another Member State. Such cooperation shall include arrangements for the handling of cases involving non-compliance with Ö this Regulation and with Õ the applicable common requirements set out Ö adopted Õ in Ö accordance with Õ Article Ö 8b(1) of Regulation (EC) No 216/2008 Õ 6 or with the conditions set out in Annex II.
ê 1070/2009 Art. 2.1 (adapted)
ð new
5. In the case of cross-border provision of air navigation services ð in an airspace falling under the responsibility of another Member State ï , such Ö the Õ arrangements ð referred to in paragraphs 2 and 4 ï shall include an agreement on the mutual recognition of the supervisory tasks set out in Article 4(1) and (2) and of the results of these tasks. This mutual recognition shall apply also where arrangements for recognition between national supervisory authorities are made for the certification process of service providers.
6. If permitted by national law and with a view to regional cooperation, national supervisory authorities may also conclude agreements regarding the division of responsibilities regarding supervisory tasks.
ê 1070/2009 Art. 2.1 (adapted)
Article 63 - Qualified entities
1. National supervisory authorities may decide to delegate in full or in part the inspections and surveys referred to in Article 4 2(2) to qualified entities that fulfil the requirements set out in Annex I.2. Such a delegation granted by a national supervisory authority shall be valid within the Community Ö Union Õ for a renewable period of three years. National supervisory authorities may instruct any of the qualified entities located in the Ö Union Õ Community to undertake these inspections and surveys.
ê 552/2004 (adapted)
ð new
Article 8 - Notified bodies
1.3 Member States shall notify the Commission, ð EAA ï and the other Member States of the bodies Ö qualified entities to which they have delegated tasks in accordance with paragraph 1 Õ they have appointed , to carry out tasks pertaining to the assessment of conformity or suitability for use referred to in Article 5, and/or the verification referred to in Article 6, indicating each Ö entity Õ body's area of responsibility and its identification number Ö and of any changes in this respect Õ obtained from the Commission. The Commission shall publish in the Official Journal of the European Union the list of Ö qualified entities Õ bodies, their identification numbers and areas of responsibility, and shall keep the list updated.2. Member States shall apply the criteria provided for in Annex V for the assessment of the bodies to be notified. Bodies meeting the assessment criteria provided for in the relevant European standards shall be deemed to meet the said criteria.
34. Member States shall withdraw Ö the delegation Õ notification of a notified body Ö qualified entity Õ which no longer meets the Ö requirements set out Õ criteria provided for in Annex I V. It shall forthwith inform the Commission, ð EAA ï and the other Member States thereof.
4. Without prejudice to the requirements referred to in paragraphs 1, 2 and 3, Member States may decide to appoint organisations recognised in conformity with Article 3 of the service provision Regulation as notified bodies.
ò new
5. Bodies nominated before the entry into force of this Regulation as notified bodies in accordance with Article 8 of Regulation (EC) No 552/2004, shall be considered to be qualified entities for the purposes of this Article.
ê 1070/2009 Art. 1.5
ð new
Article 710 - Consultation of stakeholders
1. The Member States ð National supervisory authorities ï , acting in accordance with their national legislation, shall establish consultation mechanisms for appropriate involvement of stakeholders, including professional staff representative bodies ð for the exercise of their tasks ï , in the implementation of the sSingle European sSky.ò new
2. The stakeholders may include:
– air navigation service providers,
– airport operators,
– relevant airspace users or relevant groups representing airspace users,
– military authorities,
– manufacturing industry,
– professional staff representative bodies.
ê 550/2004 (adapted)
CHAPTER III - RULES FOR THE Ö SERVICE Õ PROVISION OF SERVICES
ê 550/2004 (adapted)
ð new
Article 6 - Common requirements
– technical and operational competence and suitability,
– systems and processes for safety and quality management,
– reporting systems,
– quality of services,
– financial strength,
– liability and insurance cover,
– ownership and organisational structure, including the prevention of conflicts of interest,
– human resources, including adequate staffing plans,
– security.
Article 87 - Certification of air navigation service providers
1. The provision of all air navigation services within the Community Ö Union Õ shall be subject to certification by ð or declaration to, ï Member States ð national supervisory authorities or EAA in accordance with Article 8b of Regulation (EC) No 216/2008 ï .ê 550/2004
2. Applications for certification shall be submitted to the national supervisory authority of the Member State where the applicant has its principal place of operation and, if any, its registered office.
ò new
2. The certification process shall also ensure that the applicants can demonstrate sufficient financial strength and have obtained liability and insurance cover, where this is not guaranteed by the Member State concerned.
ê 550/2004 (adapted)
ð new
3. National supervisory authorities shall issue certificates to air navigation service providers where they comply with the common requirements referred to in Article 6. Certificates may be issued individually for each type of air navigation service as defined in Article 2 of the framework Regulation, or for a bundle of such services, inter alia, where a provider of air traffic services, whatever its legal status, operates and maintains its own communication, navigation and surveillance systems. The certificates shall be checked on a regular basis.
43. ð The certificate shall provide for ï Certificates shall specify the rights and obligations of air navigation service providers, including non-discriminatory access to services for airspace users, with particular regard to safety. Certification may Ö shall Õ be subject only to the conditions set out in Annex II. Such conditions shall be objectively justified, non-discriminatory, proportionate and transparent.
5. Notwithstanding paragraph 1, Member States may allow the provision of air navigation services in all or part of the airspace under their responsibility without certification in cases where the provider of such services offers them primarily to aircraft movements other than general air traffic. In those cases, the Member State concerned shall inform the Commission and the other Member States of its decision and of the measures taken to ensure maximum compliance with the common requirements.
ê 1070/2009 Art. 2.3 (adapted)
ð new
46. Without prejudice to Articles 8 and 9 tThe issue of certificates shall confer on air navigation service providers the possibility of offering their services to Member States, other air navigation service providers, airspace users and airports within the Community Ö Union Õ . ð With regard to support services this possibility shall be subject to the compliance with Article 10(2). ï
7. National supervisory authorities shall monitor compliance with the common requirements and with the conditions attached to the certificates. Details of such monitoring shall be included in the annual reports to be submitted by Member States pursuant to Article 12(1) of the framework Regulation. If a national supervisory authority finds that the holder of a certificate no longer satisfies such requirements or conditions, it shall take appropriate measures while ensuring continuity of services on condition that safety is not compromised. Such measures may include the revocation of the certificate.
ê 550/2004
8. A Member State shall recognise any certificate issued in another Member State in accordance with this Article.
9. In exceptional circumstances, Member States may postpone compliance with this Article beyond the date resulting from Article 19(2) by six months. Member States shall notify the Commission of such postponement, giving their reasons therefor.
ê 1070/2009 Art. 2.4 (adapted)
ð new
Article 98 - Designation of air traffic service providers
1. Member States shall ensure the provision of air traffic services on an exclusive basis within specific airspace blocks in respect of the airspace under their responsibility. For this purpose, Member States shall designate an air traffic service provider holding a valid certificate ð or declaration ï in the Community Ö Union Õ .2. For the provision of cross-border services, Member States shall ensure that compliance with this Article and Article 18 10(3) is not prevented by their national legal system requiring that air traffic service providers providing services in the airspace under the responsibility of that Member State ð fulfil one of the following conditions ï :
(a) be owned directly or through a majority holding by that Member State or its nationals;
(b) have their principal place of operation or registered office in the territory of that Member State or
(c) use only facilities in that Member State.
3. Member States shall define the rights and obligations to be met by the designated air traffic service providers. The obligations may include conditions for the timely supply of relevant information enabling all aircraft movements in the airspace under their responsibility to be identified.
ê 1070/2009 Art. 2.4
ð new
4. Member States shall have discretionary powers in choosing an air traffic service provider, on condition that the latter fulfils the requirements and conditions referred to in Articles 6 and 7 ð is certified or declared in accordance with Regulation (EC) No 216/2008 ï .
ê 1070/2009 Art. 2.4
5. In respect of functional airspace blocks established in accordance with Article 16 9a that extend across the airspace under the responsibility of more than one Member State, the Member States concerned shall jointly designate, in accordance with paragraph 1 of this Article, one or more air traffic service providers, at least one month before implementation of the airspace block.
6. Member States shall inform the Commission and other Member States immediately of any decision within the framework of this Article regarding the designation of air traffic service providers within specific airspace blocks in respect of the airspace under their responsibility.
ò new
Article 10 - Provision of support services
1. Member States shall take all necessary measures to ensure that, in accordance with this Article, providers of support services can compete within the Union on the basis of equitable, non-discriminatory and transparent conditions for the purpose of providing these services.The requirement set out in this Article shall be met at the latest by 1 January 2020.
2. Member States shall take all necessary measures to ensure that the provision of air traffic services is separated from the provision of support services. This separation shall include the requirement that air traffic services and support services are provided by separate undertakings.
3. In choosing the provider of support services, in particular cost efficiency, overall service quality and safety of services shall be taken into account by the entity procuring those services.
4. A provider of support services may only be chosen to provide services in the airspace of a Member State, when:
(a) it is certified in accordance with Article 8b of Regulation (EC) No 216/2008;
(b) its principal place of business is located in the territory of a Member State;
(c) Member States and/or nationals of Member States own more than 50 % of the service provider and effectively control it, whether directly or indirectly through one or more intermediate undertakings, except as provided for in an agreement with a third country to which the Union is a party; and
(d) the service provider fulfils national security and defence requirements.
5. Support services related to the operations of the EATMN may be provided in a centralised manner by the Network Manager by adding those services to the services referred to in Article 17(2), in accordance with Article 17(3). They may also be provided on an exclusive basis by an air navigation service provider or groupings thereof, in particular those related to the provision of the ATM infrastructures. The Commission shall specify the modalities for the selection of providers or groupings thereof, based on the professional capacity and ability to provide services in an impartial and cost-effective manner, and establish an overall assessment of the estimated costs and benefits of the provision of the support services in a centralised manner. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 27(3). The Commission shall designate providers or groupings thereof in accordance with those implementing acts.
ê 550/2004
Article 9 - Designation of providers of meteorological services
1. Member States may designate a provider of meteorological services to supply all or part of meteorological data on an exclusive basis in all or part of the airspace under their responsibility, taking into account safety considerations.2. Member States shall inform the Commission and other Member States without delay of any decision within the framework of this Article regarding the designation of a provider of meteorological services.
ê 1070/2009 Art. 1.5 (adapted)
ð new
Article 11 - Performance scheme
1. To improve the performance of air navigation services and network ð services ï functions in the sSingle European sSky, a performance scheme for air navigation services and network ð services ï functions shall be set up. It shall include:(a) Community Ö Union Õ -wide ð and associated local ï performance targets on the key performance areas of safety, the environment, capacity and cost-efficiency;
(b) national plans or plans for functional airspace blocks, including performance targets, ensuring ð compliance ï consistency with the Community Ö Union Õ -wide ð and associated local ï performance targets; and
(c) periodic review, monitoring and benchmarking of the performance of air navigation services and network ð services ï functions.
2. In accordance with the regulatory procedure referred to in Article 5(3), tThe Commission ð shall ï may designate Eurocontrol or another ð an independent, ï impartial and competent body to act as a ‘performance review body’. The role of the performance review body shall be to assist the Commission, in coordination with the national supervisory authorities, and to assist the national supervisory authorities on request in the implementation of the performance scheme referred to in paragraph 1. ð Technical assistance to the performance review body may be provided by EAA and Eurocontrol or another competent entity ï . The Commission shall ensure that the performance review body acts independently when carrying out the tasks entrusted to it by the Commission.
3. (a) The Community -wide performance targets for the air traffic management network shall be adopted by the Commission in accordance with the regulatory procedure referred to in Article after taking into account the relevant inputs from national supervisory authorities at national level or at the level of functional airspace blocks.
(b) The national or functional airspace block plans referred to in point (b) of paragraph 1(b), shall be drawn up by national supervisory authorities and adopted by the Member State(s). These plans shall include binding national ð local ï targets or targets at the level of functional airspace blocks and an appropriate incentive scheme as adopted by the Member State(s). Drafting of the plans shall be subject to consultation with air navigation service providers, airspace users' representatives, and, where relevant, airport operators and airport coordinators.
4.(c) The ð compliance ï consistency of the national or functional airspace block ð plans and local ï targets with the Community Ö Union Õ -wide and performance targets shall be assessed by the Commission ð in co-operation with the performance review body ï using the assessment criteria referred to in point (d) of paragraph 6.
In the event that the Commission identifies that ð the national or functional airspace block plans or the local ï one or more national or functional airspace block targets do not ð comply with ï meet the ð Union-wide targets ï assessment criteria, it may ð require ï decide, in accordance with the advisory procedure referred to in Article 5(2), ð the Member States concerned to take the necessary corrective measures. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 27(2). ï to issue a recommendation that the national supervisory authorities concerned propose revised performance target(s). The Member State(s) concerned shall adopt revised performance targets and appropriate measures which shall be notified to the Commission in due time.
Where the Commission finds that the revised performance targets and appropriate measures are not adequate, it may decide, in accordance with the regulatory procedure referred to in Article 5(3), that the Member States concerned shall take corrective measures.
Alternatively, the Commission may decide, with adequate supporting evidence, to revise the Community -wide performance targets in accordance with the regulatory procedure referred to in Article 5(3).
5. (d) The reference period for the performance scheme, referred to in paragraph 1, shall cover a minimum of three years and a maximum of five years. During this period, in the event that the ð local ï national or functional airspace block targets are not met, the Member States ð concerned ï and/or the national supervisory authorities shall ð define and ï apply the appropriate measures ð designed to rectify the situation ï they have defined. ð Where the Commission finds that these measures are not sufficient to rectify the situation, it may decide, that the Member States concerned shall take necessary corrective measures or sanctions. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 27 (2). ï The first reference period shall cover the first three years following the adoption of the implementing rules referred to in paragraph 6.
6. (e) The Commission shall carry out regular assessments of the achievement of the ð Union-wide and associated local ï performance targets and present the results to the Single Sky Committee.
74. The following procedures shall apply to the performance scheme referred to in paragraph 1 Ö shall be based on Õ :
(a) collection, validation, examination, evaluation and dissemination of relevant data related to the performance of air navigation services and network ð services ï functions from all relevant parties, including air navigation service providers, airspace users, airport operators, national supervisory authorities, Member States and Eurocontrol;
(b) selection of appropriate key performance areas on the basis of ICAO Document No 9854 ‘Global air traffic management operational concept’, and consistent with those identified in the Performance Framework of the ATM Master Plan, including safety, the environment, capacity and cost-efficiency areas, adapted where necessary in order to take into account the specific needs of the Ssingle European Ssky and relevant objectives for these areas and definition of a limited set of key performance indicators for measuring performance;
(c) establishment ð and revision ï of Community Ö Union Õ-wide ð and associated local ï performance targets that shall be defined taking into consideration inputs identified at national level or at the level of functional airspace blocks;
ê 1070/2009 Art. 1.5 (adapted)
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6. For the detailed functioning of the performance scheme, the Commission shall by 4 December 2011 and within a suitable time-frame with a view to meeting the relevant deadlines laid down in this Regulation, adopt implementing rules in accordance with the regulatory procedure referred to in Article 5(3). These implementing rules shall cover the following:
(d).(c) criteria for the setting up by the national supervisory authorities of the national or functional airspace block performance plans, containing the ð local ï national or functional airspace block performance targets and the incentive scheme. The performance plans shall:
(i) be based on the business plans of the air navigation service providers;
(ii) address all cost components of the national or functional airspace block cost base;
(iii) include binding ð local ï performance targets ð compliant ï consistent with the Community Ö Union Õ ð -wide ï performance targets;
ê 1070/2009 Art. 1.5 (adapted)
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(ed) assessment of the ð local ï national or functional airspace block performance targets on the basis of the national or functional airspace block plan; and
(fe) monitoring of the national or functional airspace block performance plans, including appropriate alert mechanisms.;
ê 1070/2009 Art. 1.5 (adapted)
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(g)(d) criteria ð to impose sanctions for non-compliance ï assess whether the national or functional airspace block targets are consistent with the Community Ö Union Õ -wide ð and associated local ï performance targets during the reference period and to support alert mechanisms;
(h)(e) general principles for the setting up by Member States of the incentive scheme;
(i)(f) principles for the application of a transitional mechanism necessary for the adaptation to the functioning of the performance scheme not exceeding 12 months following the adoption of the ð delegated act referred to in this paragraph ï implementing rules.;
(j)(b) the ð appropriate ï reference periods and intervals for the assessment of the achievement of performance targets and the setting of new targets;
(k)(a) the content and ð necessary related ï timetables of the procedures referred to in paragraph 4;
ê 1070/2009 Art. 1.5
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The Commission may ð shall be empowered to adopt delegated acts in accordance with Article 26 in order to lay down detailed rules for the proper functioning of the performance scheme ï add to the list of procedures referred to ð in accordance with the points listed ï in this paragraph. These measures designed to amend non-essential elements of this Regulation, by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 5(4).
85. The establishment of the performance scheme shall take into account that en route services, terminal services and network ð services ï functions are different and should be treated accordingly, if necessary also for performance-measuring purposes.
ê 550/2004 (adapted)
CHAPTER III - CHARGING SCHEMES
ê 1070/2009 Art. 2.8 (adapted)
Article 1214 - General Ö provisions for the charging scheme Õ
In accordance with the requirements of Articles 13 15 and 1416, the charging scheme for air navigation services shall contribute to greater transparency in the determination, imposition and enforcement of charges to airspace users and shall contribute to the cost efficiency of providing air navigation services and to efficiency of flights, while maintaining an optimum safety level. This Ö The Õ scheme shall also be consistent with Article 15 of the 1944 Chicago Convention on International Civil Aviation and with Eurocontrol's charging system for en-route charges.ê 1070/2009 Art. 2.9 (adapted)
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Article 1315 - Principles Ö for the charging scheme Õ
1. The charging scheme shall be based on the account of costs for air navigation services incurred by service providers for the benefit of airspace users. The scheme shall allocate these costs among categories of users.2. The following principles Ö set out in paragraphs 3 to 8 Õ shall be applied when establishing the cost-base for charges:.
3(a) tThe cost to be shared among airspace users shall be the determined cost of providing air navigation services, including appropriate amounts for interest on capital investment and depreciation of assets, as well as the costs of maintenance, operation, management and administration, ð including the costs incurred by EAA for relevant authority tasks ï . Determined costs shall be the costs determined by the Member State at national level or at the level of functional airspace blocks either at the beginning of the reference period for each calendar year of the reference period referred to in Article 11(5) 11 of the framework Regulation, or during the reference period, following appropriate adjustments applying the alert mechanisms set out in Article 11 11 of the framework Regulation:.
4(b) tThe costs to be taken into account in this context shall be those assessed in relation to the facilities and services provided for and implemented under the ICAO Regional Air Navigation Plan, European Region. They ð shall ï may also include costs incurred by national supervisory authorities and/or qualified entities, as well as other costs incurred by the relevant Member State and service provider in relation to the provision of air navigation services. They shall not include the costs of penalties imposed by Member States Ö referred Õ according to Article 339 of the framework Regulation nor the costs of any corrective measures ð or sanctions ï imposed by Member States Ö referred to in Õ according to Article 1111 Ö (5) Õ of the framework Regulation;.
5(c) iIn respect of the functional airspace blocks and as part of their respective framework agreements, Member States shall make reasonable efforts to agree on common principles for charging policy;.
6(d) tThe cost of different air navigation services shall be identified separately, as provided for in Article 2112(3) ;.
7(e) cCross-subsidy shall not be allowed between en-route services and terminal services. Costs that pertain to both terminal services and en-route services shall be allocated in a proportional way between en-route services and terminal services on the basis of a transparent methodology. Cross-subsidy shall be allowed between different air ð traffic ï navigation services in either one of those two categories only when justified for objective reasons, subject to clear identification. ð Cross-subsidy shall not be allowed between air traffic services and support services. ï
8(f) tTransparency of the cost-base for charges shall be guaranteed. Implementing rules for the provision of information by the service providers shall be adopted in order to permit reviews of the provider's forecasts, actual costs and revenues. Information shall be regularly exchanged between the national supervisory authorities, service providers, airspace users, the Commission and Eurocontrol.
93. Member States shall comply with the following principles when setting charges in accordance with paragraphs Ö 3 to 8 Õ 2:
(a) charges shall be set for the availability of air navigation services under non-discriminatory conditions. Wwhen imposing charges on different airspace users for the use of the same service, no distinction shall be made in relation to the nationality or category of the user;
(b) exemption of certain users, especially light aircraft and State aircraft, may be permitted, provided that the cost of such exemption is not passed on to other users;
(c) charges shall be set per calendar year on the basis of the determined costs, or may be set under conditions established by Member States for determining the maximum level of the unit rate or of the revenue for each year over a period not exceeding five years;
(d) air navigation services may produce sufficient revenues to provide for a reasonable return on assets to contribute towards necessary capital improvements;
(e) charges shall reflect the cost of air navigation services and facilities made available to airspace users, ð including costs incurred by EAA for relevant authority tasks, ï taking into account the relative productive capacities of the different aircraft types concerned;
(f) charges shall 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 shall stimulate integrated service provision, whilst reducing the environmental impact of aviation. To that end, Ö For the purposes of point (f) Õ and in relation to the national or functional airspace block performance plans, national supervisory authorities may set up mechanisms, including incentives consisting of financial advantages and disadvantages, to encourage air navigation service providers and/or airspace users to support improvements in the provision of air navigation services such as increased capacity, reduced delays and sustainable development, while maintaining an optimum safety level.
104. The Commission shall adopt ð measures setting out the details of the procedure to be followed for the application of paragraphs 1 to 9. ï ð Those ï detailed implementing rules ð acts shall be adopted ï for this Article in accordance with the ð examination ï regulatory procedure referred to in Article 27 5(3) of the framework Regulation.
ê 1070/2009 Art. 2.11 (adapted)
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Article 1416 - Review of compliance Ö with Articles 12 and 13 Õ
1. The Commission shall provide for the ongoing review of compliance with the principles and rules referred to in Articles 1214 and 1315, acting in cooperation with the Member States. The Commission shall endeavour to establish the necessary mechanisms for making use of Eurocontrol expertise and shall share the results of the review with the Member States, Eurocontrol and the airspace users' representatives.2. At the request of one or more Member States that consider that the principles and rules referred to in Articles 14 and 15 have not been properly applied, or on its own initiative, the Commission shall carry out an investigation into any allegation of non-compliance or non-application of the principles and/or rules concerned ð examine specific measures adopted by national authorities in relation to the application of Articles 12 and 13, concerning the determination of costs and charges ï. Without prejudice to Article 3218(1), the Commission shall share the results of the investigation with the Member States, Eurocontrol and the airspace users’ representatives. Within two months of receipt of a request, after having heard the Member State concerned, Ö the Commission shall decide whether Articles 12 and 13 have been complied with and the measure may thus continue to be applied. Those implementing acts shall be adopted Õ and after consulting the Single Sky Committee in accordance with the advisory procedure referred to in Article 275(2) of the framework Regulation, the Commission shall take a decision on the application of Articles 14 and 15 of this Regulation and as to whether the practice concerned may continue.
3. The Commission shall address its decision to the Member States and inform the service provider thereof, in so far as it is legally concerned. Any Member State may refer the Commission’s decision to the Council within one month. The Council, acting by a qualified majority, may take a different decision within a period of one month.
ê 1070/2009 Art. 2.10 (adapted)
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Article 1515 - a Common projects
1. Common projects may assist the successful implementation of the ATM Master Plan Ö may be supported by common projects Õ . Such Ö These Õ projects shall support the objectives of this Regulation to improve the performance of the European aviation system in key areas such as capacity, flight and cost efficiency as well as environmental sustainability, within the overriding safety objectives. ð The common projects shall aim to deploy in a timely, coordinated and synchronised manner ATM functionalities to achieve the essential operational changes identified in the ATM Master Plan ï .2. The Commission may ð adopt measures establishing the governance of common projects and identifying incentives for their deployment. Those implementing acts shall be adopted ï , in accordance with the regulatory ð examination ï procedure referred to in Article 275(3) of the framework Regulation,. Ö These measures Õ develop guidance material concerning the way in which such projects can support the implementation of the ATM Master Plan. Such guidance material shall not prejudice mechanisms for the deployment of such Ö the Õ projects concerning functional airspace blocks as agreed upon by the parties of those blocks.
3. The Commission may ð adopt common projects for network-related functions which are of particular importance for the improvement of the overall performance of air traffic management and air navigation services in Europe identifying ATM functionalities that are mature for deployment, together with the timetable and geographical scope of the deployment. Those implementing acts shall be adopted ï also decide, in accordance with the ð examination ï regulatory procedure referred to in Article 275(3) of the framework Regulation, to set up common projects for network-related functions which are of particular importance for the improvement of the overall performance of air traffic management and air navigation services in Europe. Such Ö The Õ common projects may be considered eligible for Community Ö Union Õ funding within the multiannual financial framework. To this end, and without prejudice to Member States' competence to decide on the use of their financial resources, the Commission shall carry out an independent cost-benefit analysis and appropriate consultations with Member States and with relevant stakeholders in accordance with Article 2810 of the framework Regulation, exploring all appropriate means for financing the deployment thereof. The eligible costs of deployment of common projects shall be recovered in accordance with the principles of transparency and non-discrimination.
ê 1070/2009 Art. 2.5 (adapted)
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Article 169 - a Functional airspace blocks
1. By 4 December 2012, Member States shall take all necessary measures in order to ensure the Ö establishment and Õ implementation of functional airspace blocks ð based on integrated provision of air traffic services ï with a view to achieving the required capacity and efficiency of the air traffic management network within the sSingle European sSky and maintaining a high level of safety and contributing to the overall performance of the air transport system and reduced environmental impact.ò new
2. The functional airspace blocks shall, wherever possible, be set-up based on co-operative industrial partnerships between air navigation service providers, in particular relating to the provision of support services in accordance with Article 10. The industrial partnerships may support one or more functional airspace block, or part thereof to maximise performance.
ê 1070/2009 Art. 2.5 (adapted)
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3. Member States ð , as well as air traffic service providers ï shall cooperate to the fullest extent possible with each other, in particular Member States establishing neighbouring functional airspace blocks, in order to ensure compliance with this Ö Article Õ provision. Where relevant, cooperation may also include ð air traffic service providers from ï third countries taking part in functional airspace blocks.
24. Functional airspace blocks shall, in particular:
(a) be supported by a safety case;
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(b) be designed to seek maximum synergies from industrial partnerships in order to meet and where possible exceed the performance targets set in accordance with Article 11;
ê 1070/2009 Art. 2.5 (adapted)
(bc) enable optimum use of airspace, taking into account air traffic flows;
(cd) ensure consistency with the European route network established in accordance with Article 17 6 of the airspace Regulation;
(de) be justified by their overall added value, including optimal use of technical and human resources, on the basis of cost-benefit analyses;
ê 1070/2009 Art. 2.5
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(ef) ð where applicable, ï ensure a smooth and flexible transfer of responsibility for air traffic control between air traffic service units;
(fg) ensure compatibility between the different airspace configurations, optimising, inter alia, the current flight information regions;
ê 1070/2009 Art. 2.5 (adapted)
(gh) comply with conditions stemming from regional agreements concluded within the ICAO;
(hi) respect regional agreements in existence on the date of entry into force of this Regulation, in particular those involving European third countries; and
ê 1070/2009 Art. 2.5
(i) facilitate consistency with Community-wide performance targets.
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The requirements of paragraphs 4(c), (d) and (g) shall be met in accordance with the optimisation of airspace design carried out by the Network Manager as specified in Article 17.
5. The requirements set out in this Article may be met through participation of air navigation service providers in one or more functional airspace block.
ê 1070/2009 Art. 2.5 (adapted)
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36. A functional airspace block ð that extend across the airspace under the responsibility of more than one Member State ï shall only be established by ð joint designation ï mutual agreement between all the Member States and Ö ,as well as Õ , where appropriate, third countries who Ö that Õ have responsibility for any part of the airspace included in the functional airspace block ð The joint designation by which the functional airspace block is established shall contain the necessary provisions concerning the manner in which the block can be modified and the manner in which a Member State or, where appropriate, a third country, can withdraw from the block, including transitional arrangements ï.
ð 7. Member States shall notify the establishment of functional airspace blocks to the Commission ï Before notifying the Commission of the establishment of a functional airspace block, the Member State(s) concerned shall provide the Commission, the other Member States and other interested parties with adequate information and give them an opportunity to submit their observations.
4. Where a functional airspace block relates to airspace that is wholly or partly under the responsibility of two or more Member States, the agreement by which the functional airspace block is established shall contain the necessary provisions concerning the way in which the block can be modified and the way in which a Member State can withdraw from the block, including transitional arrangements.
58. Where difficulties arise between two or more Member States with regard to a cross-border functional airspace block that concerns airspace under their responsibility, the Member States concerned may jointly bring the matter to the Single Sky Committee for an opinion. The opinion shall be addressed to the Member States concerned. Without prejudice to paragraph 63, the Member States shall take that opinion into account in order to find a solution.
69. After having received the notifications by Member States of the agreements and declarations referred to in paragraphs 63 and ð 7 ï 4 the Commission shall assess the fulfilment by each functional airspace block of the requirements set out in paragraph 42 and present the results to the ð Member States ï Single Sky Committee for discussion. If the Commission finds that one or more functional airspace blocks do not fulfil the requirements it shall engage in a dialogue with the Member States concerned with the aim of reaching a consensus on the measures necessary to rectify the situation.
7. Without prejudice to paragraph 6, the agreements and declarations referred to in paragraphs 3 and shall be notified to the Commission. for publication in the Official Journal of the European Union. Such publication shall specify the date of entry into force of the relevant decision.
ê 1070/2009 Art. 2.5 (adapted)
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810. ð The Commission may adopt detailed measures concerning the joint designation of the air traffic service provider(s) referred to in paragraph 6, specifying the modalities for the selection of the service provider(s), the period of designation, supervision arrangements, the availability of services to be provided and liability arrangements. ï Guidance material for the establishment and modification of functional airspace blocks shall be developed by 4 December 2010 ð Those implementing acts shall be adopted ï in accordance with the advisory ð examination ï procedure referred to in Article 275(32) of the framework Regulation.
911. l The Commission ð may ï shall, by 4 December 2011 and Ö adopt measures regarding the information to be provided by the Member State(s) referred to in paragraph 6. ÕÖ Those implementing acts shall be adopted Õ in accordance with the examination regulatory procedure referred to in Article 275(3) of the framework Regulation, adopt implementing rules regarding the information to be provided by the Member State(s) concerned before establishing and modifying a functional airspace block in accordance with paragraph 3 of this Article.
ê 1070/2009 Art. 2.5
Article 9 - b Functional airspace blocks system coordinator
1. In order to facilitate the establishment of the functional airspace blocks, the Commission may designate a natural person as functional airspace blocks system coordinator (the Coordinator). The Commission shall act in accordance with the regulatory procedure referred to in Article 5(3) of the framework Regulation.2. Without prejudice to Article 9a(5) the Coordinator shall facilitate at the request of all Member States concerned and, where appropriate, third countries taking part in the same functional airspace block, overcoming of difficulties in their negotiation process in order to speed up the establishment of functional airspace blocks. The Coordinator shall act on the basis of a mandate from all Member States concerned and, where appropriate, third countries taking part in the same functional airspace block.
3. The Coordinator shall act impartially in particular with regard to Member States, third countries, the Commission and the stakeholders.
4. The Coordinator shall not disclose any information obtained whilst performing his function except where authorised to do so by the Member State(s) and, where appropriate, third countries concerned.
5. The Coordinator shall report to the Commission, to the Single Sky Committee and to the European Parliament every three months after his designation. The report shall include a summary of negotiations and their results.
6. The remit of the Coordinator shall expire when the last functional airspace block agreement is signed but no later than 4 December 2012.
ê 1070/2009 Art. 3.6
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Article 176 - Network management and design
1. The air traffic management (ATM) network functions ð services ï shall allow optimum use of airspace and ensure that airspace users can operate preferred trajectories, while allowing maximum access to airspace and air navigation services. These network functions ð services ï shall be aimed at supporting initiatives at national level and at the level of functional airspace blocks and shall be executed in a manner which respects the separation of regulatory and operational tasks.2. In order to achieve the objectives referred to in paragraph 1 and without prejudice to the responsibilities of the Member States with regard to national routes and airspace structures, the Commission shall ensure that the following functions ð services ï are carried out ð under the responsibility of a Network Manager ï :
(a) design of the European route network;
(b) coordination of scarce resources within aviation frequency bands used by general air traffic, in particular radio frequencies as well as coordination of radar transponder codes. ;
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(c) central function for air traffic flow management;
(d) provision of an aeronautical information portal in accordance with Article 23;
(e) optimisation of airspace design in co-operation with the air navigation service providers and functional airspace blocks referred to in Article 16;
(f) central function for coordination of aviation crisis.
ê 1070/2009 Art. 3.6
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The functions ð services ï listed in the first this subparagraph shall not involve the adoption of binding measures of a general scope or the exercise of political discretion. They shall take into account proposals established at national level and at the level of functional airspace blocks. They shall be performed in coordination with military authorities in accordance with agreed procedures concerning the flexible use of airspace.
ê 1070/2009 Art. 3.6 (adapted)
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The Commission may, after consultation of the Single Sky Committee and in conformity with the implementing rules referred to in paragraph 4, entrust to Ö appoint Õ Eurocontrol, or another impartial and competent body, ð to carry out ï the tasks necessary for the execution of the functions listed in the first subparagraph ð of the Network Manager ï . These tasks shall be executed in an impartial and cost-effective manner and performed on behalf Ö of Õ on Member States and stakeholders. They shall be subject to appropriate governance, which recognises the separate accountabilities for service provision and regulation, taking into consideration the needs of the whole ATM network and with the full involvement of the airspace users and air navigation service providers. ð By 1 January 2020, the Commission shall designate the Network Manager as a self-standing service provider where possible set up as an industrial partnership. ï
ê 1070/2009 Art. 3.6
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3. The Commission may ð shall be empowered to adopt delegated acts in accordance with Article 26 to ï add to the list of the functions ð services set out ï in paragraph 2 ð in order to adapt it to technical and operational progress with regard to the provision of support services in a centralised manner ï after proper consultation of industry stakeholders. Those measures, designed to amend non-essential elements of this Regulation by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 29(1)5(4) of the framework Regulation.
4. ð The Commission shall adopt ï Ddetailed rules for the implementation of the measures referred to in this Article, except for those referred to in paragraphs 6 to 9 8, shall be adopted in accordance with the regulatory procedure referred to in Article 5(3) of the framework Regulation. Those implementing rules shall address in particular ð concerning ï :
(a) the coordination and harmonisation of processes and procedures to enhance the efficiency of aeronautical frequency management including the development of principles and criteria;
(b) the central function to coordinate the early identification and resolution of frequency needs in the bands allocated to European general air traffic to support the design and operation of European aviation network;
(c) additional network functions ð services ï as defined in the ATM Master Plan;
(d) detailed arrangements for cooperative decision-making between the Member States, the air navigation service providers and the network management function for the tasks referred to in paragraph 2;
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(e) detailed arrangements for the governance of the Network Manager involving all operational stakeholders concerned;
ê 1070/2009 Art. 3.6
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(fe) arrangements for consultation of the relevant stakeholders in the decision-making process both at national and European levels; and
(gf) within the radio spectrum allocated to general air traffic by the International Telecommunication Union, a division of tasks and responsibilities between the network management function and national frequency managers, ensuring that the national frequency management functions ð services ï continue to perform those frequency assignments that have no impact on the network. For those cases which do have an impact on the network, the national frequency managers shall cooperate with those responsible for the network management function to optimise the use of frequencies.
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Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 27(3).
ê 1070/2009 Art. 3.6 (adapted)
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5. Aspects of airspace design other than those referred to in paragraphs 2 ð and 4 (c) ï shall be dealt with at national level or at the level of functional airspace blocks. This design process shall take into account traffic demands and complexity, national or functional airspace block performance plans and shall include full consultation of relevant airspace users or relevant groups representing airspace users and military authorities as appropriate.
6. Member States shall entrust Eurocontrol or another impartial and competent body with the performance of air traffic flow management, subject to appropriate oversight arrangements.
7. Implementing rules for air traffic flow management, including the necessary oversight arrangements, shall be developed in accordance with the advisory procedure referred to in Article 5(2) of the framework Regulation and adopted in accordance with the regulatory procedure referred to in Article 5(3) of the framework Regulation, with a view to optimising available capacity in the use of airspace and enhancing air traffic flow management processes. These rules shall be based on transparency and efficiency, ensuring that capacity is provided in a flexible and timely manner, consistent with the recommendations of the ICAO Regional Air Navigation Plan, European Region.
ê 1070/2009 Art. 3.6
8. The implementing rules for air traffic flow management shall support operational decisions by air navigation service providers, airport operators and airspace users and shall cover the following areas:
(a) flight planning;
(b) use of available airspace capacity during all phases of flight, including slot assignment; and
(c) use of routings by general air traffic, including:
– the creation of a single publication for route and traffic orientation,
– options for diversion of general air traffic from congested areas, and
– priority rules regarding access to airspace for general air traffic, particularly during periods of congestion and crisis.
9. When developing and adopting the implementing rules the Commission shall, as appropriate and without prejudice to safety, take into account consistency between flight plans and airport slots and the necessary coordination with adjacent regions.
ê 550/2004 (adapted)
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Article 1810 - Relations between service providers
1. Air navigation service providers may avail themselves of the services of other service providers that have been certified ð or declared ï in the Community Ö Union Õ.2. Air navigation service providers shall formalise their working relationships by means of written agreements or equivalent legal arrangements, setting out the specific duties and functions assumed by each provider and allowing for the exchange of operational data between all service providers in so far as general air traffic is concerned. Those arrangements shall be notified to the national supervisory authority or authorities concerned.
3. In cases involving the provision of air traffic services, the approval of the Member States concerned shall be required. In cases involving the provision of meteorological services, the approval of the Member States concerned shall be required if they have designated a provider on an exclusive basis in accordance with Article 9(1).
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Article 19 - Relations with stakeholders
The air navigation service providers shall establish consultation mechanisms to consult the relevant groups of airspace users and aerodrome operators on all major issues related to services provided, or relevant changes to airspace configurations. The airspace users shall also be involved in the process of approving strategic investment plans. The Commission shall adopt measures detailing the modalities of the consultation and of the involvement of airspace users in approving investment plans. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 27 (3).ê 1070/2009 Art. 2.6
Article 2011 - Relations with military authorities
Member States shall, within the context of the common transport policy, take the necessary steps to ensure that written agreements between the competent civil and military authorities or equivalent legal arrangements are established or renewed in respect of the management of specific airspace blocks.ê 550/2004 (adapted)
Article 2112 - Transparency of accounts
1. Air navigation service providers, whatever their system of ownership or legal form, shall draw up, submit to audit and publish their financial accounts. These accounts shall comply with the international accounting standards adopted by the Community Ö Union Õ. Where, owing to the legal status of the service provider, full compliance with the international accounting standards is not possible, the provider shall endeavour to achieve such compliance to the maximum possible extent.2. In all cases, air navigation service providers shall publish an annual report and regularly undergo an independent audit.
ê 1070/2009 Art. 2.7
3. When providing a bundle of services, air navigation service providers shall identify and disclose the costs and income deriving from air navigation services, broken down in accordance with the charging scheme for air navigation services referred to in Article 1214 and, where appropriate, shall keep consolidated accounts for other, non-air-navigation services, as they would be required to do if the services in question were provided by separate undertakings.
ê 550/2004 (adapted)
ð new
4. Member States shall designate the competent authorities that shall have a right of access to the accounts of service providers that provide services within the airspace under their responsibility.
5. Member States may apply the transitional provisions of Article 9 of Regulation (EC) No 1606/2002 of the European Parliament and of the Council of 19 July 2002 on the application of international accounting standards to air navigation service providers that fall within the scope of that regulation.
Article 2213 - Access to and protection of data
1. In so far as general air traffic is concerned, relevant operational data shall be exchanged in real-time between all air navigation service providers, airspace users and airports, to facilitate their operational needs. The data shall be used only for operational purposes.2. Access to relevant operational data shall be granted to appropriate authorities, certified ð or declared ï air navigation service providers, airspace users and airports on a non-discriminatory basis.
3. Certified ð or declared ï service providers, airspace users and airports shall establish standard conditions of access to their relevant operational data other than those referred to in paragraph 1. National supervisory authorities shall approve such standard conditions. ð The Commission may lay down ï Detailed rules ð measures concerning the procedures to be followed for data exchange and the type of data concerned in relation to these conditions of access and their approval. ï relating to such conditions shall be established, where appropriate, ð Those implementing acts shall be adopted ï in accordance with the ð examination ï procedure referred to in Article 275(3) of the framework Regulation.
ê 551/2004 (adapted)
CHAPTER II - IV
AIRSPACE ARCHITECTURE
ê 1070/2009 Art. 3.2
Article 3 - European Upper Flight Information Region (EUIR)
1. The Community and its Member States shall aim at the establishment and recognition by the ICAO of a single EUIR. To that effect, for matters which fall within the competence of the Community, the Commission shall submit a recommendation to the Council in accordance with Article 300 of the Treaty at the latest by 4 December 2011.2. The EUIR shall be designed to encompass the airspace falling under the responsibility of the Member States in accordance with Article 1(3) and may also include airspace of European third countries.
3. The establishment of the EUIR shall be without prejudice to the responsibility of Member States for the designation of air traffic service providers for the airspace under their responsibility in accordance with Article 8(1) of the service provision Regulation.
4. Member States shall retain their responsibilities towards the ICAO within the geographical limits of the upper flight information regions and flight information regions entrusted to them by the ICAO on the date of entry into force of this Regulation.
ê 1070/2009 Art. 3.3 (adapted)
ð new
Article 233 - a Electronic aeronautical information
1. Without prejudice to the publication by Member States of aeronautical information and in a manner consistent with that publication, the Commission, working in cooperation with Eurocontrol ð the Network Manager ï , shall ensure the availability of electronic aeronautical information of high quality, presented in a harmonised way and serving the requirements of all relevant users in terms of data quality and timeliness.2. For the purpose of paragraph 1, the Commission shall:
(a) ensure the development of a Community Ö Union Õ-wide aeronautical information infrastructure in the form of an electronic integrated briefing portal with unrestricted access to interested stakeholders. That infrastructure shall integrate access to and provision of required data elements such as, but not limited to aeronautical information, air traffic services reporting office (ARO) information, meteorological information and flow management information;.
(b) support the modernisation and harmonisation of the provision of aeronautical information in its broadest sense in close cooperation with Eurocontrol and the ICAO.
3. The Commission shall adopt detailed implementing rules ð measures ï for ð the establishment and implementation of an electronic integrated briefing portal. Those implementing acts shall be adopted ï this Article in accordance with the ð examination ï regulatory procedure referred to in Article 275(3) of the framework Regulation.
ê 1070/2009 Art. 3.4
Article 4 - Rules of the air and airspace classification
The Commission shall, in accordance with the regulatory procedure referred to in Article 5(3) of the framework Regulation, adopt implementing rules in order to:(a) adopt appropriate provisions on rules of the air based upon ICAO standards and recommended practices;
(b) harmonise the application of the ICAO airspace classification, with appropriate adaptation, in order to ensure the seamless provision of safe and efficient air traffic services within the single European sky.
ê 551/2004 (adapted)
CHAPTER III - FLEXIBLE USE OF AIRSPACE IN THE SINGLE EUROPEAN SKY
ê 551/2004 (adapted)
ð new
Article 7 - Flexible use of airspace
2. Member States shall report annually to the Commission on the application, in the context of the common transport policy, of the concept of the flexible use of airspace in respect of the airspace under their responsibility.
3. Where, in particular following the reports submitted by Member States, it becomes necessary to reinforce and harmonise the application of the concept of the flexible use of airspace within the single European sky, implementing rules within the context of the common transport policy shall be adopted in accordance with the procedure under Article 8 of the framework Regulation.
Article 8 - Temporary suspension
2. Following the introduction of a temporary suspension, adjustments to the rules adopted under Article 7(3) may be worked out for the airspace under the responsibility of the Member State(s) concerned, in accordance with the procedure under Article 8 of the framework Regulation
ò new
Article 24 - Technological development and interoperability of air traffic management
1. The Commission shall adopt detailed rules concerning the promotion of the technological development and interoperability of air traffic management related to the development and deployment of the ATM Master Plan. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 27(3).2. In respect of the rules referred to in paragraph 1, Article 17(2)(b) of Regulation (EC) No 216/2008 shall apply. Where appropriate, the Commission shall request EAA to include these rules in the annual work programme referred to in Article 56 of that Regulation.
ê 552/2004
ð new
3. Implementing rules for interoperability shall in particular:
(a) determine any specific requirements that complement or refine the essential requirements, in particular in terms of safety, seamless operation and performance; and/or
(b) describe, where appropriate, any specific requirements that complement or refine the essential requirements, in particular regarding the coordinated introduction of new, agreed and validated concepts of operation or technologies; and/or
(c) determine the constituents when dealing with systems; and/or
(d) describe the specific conformity assessment procedures involving, where appropriate ,notified bodies as referred to in Article 8, based on the modules defined in Decision 93/465/EEC to be used to assess either the conformity or the suitability for use of constituents as well as the verification of systems; and/or
(e) specify the conditions of implementation including, where appropriate, the date by which all relevant stakeholders are required to comply with them.
ê 552/2004
CHAPTER II - V
ESSENTIAL REQUIREMENTS, IMPLEMENTING RULES FOR INTEROPERABILITY AND COMMUNITY SPECIFICATIONS
Article 2 - Essential requirements
The EATMN, its systems and their constituents and associated procedures shall meet essential requirements. The essential requirements are set out in Annex II.Article 3 - Implementing rules for interoperability
1. Implementing rules for interoperability shall be drawn up whenever necessary to achieve in a coherent way the objectives of this Regulation.2. Systems, constituents and associated procedures shall comply with the relevant implementing rules for interoperability throughout their lifecycle.
4. The preparation, adoption and review of implementing rules for interoperability shall take into account the estimated costs and benefits of technical solutions by means of which they may be complied with, with a view to defining the most viable solution, having due regard to the maintenance of an agreed high level of safety. An assessment of the costs and benefits of those solutions for all stakeholders concerned shall be attached to each draft implementing rule for interoperability.
5. Implementing rules for interoperability shall be established in accordance with the procedure under Article 8 of the framework Regulation.
Article 4 - Community specifications
1. In pursuit of the objective of this Regulation, Community specifications may be established. Such specifications may be:(a) European standards for systems or constituents, together with the relevant procedures, drawn up by the European standardisation bodies in cooperation with Eurocae, on a mandate from the Commission in accordance with Article 6(4) of Directive 98/34/EC of the European Parliament and of the Council of 22 June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations and pursuant to the general guidelines on cooperation between the Commission and the standardisation bodies signed on 13 November 1984;
or
(b) specifications drawn up by Eurocontrol on matters of operational coordination between air navigation service providers, in response to a request from the Commission in accordance with the procedure referred to in Article 5(2) of the framework Regulation.
2. Compliance with the essential requirements and/or the implementing rules for interoperability shall be presumed for systems, together with the associated procedures, or constituents that meet the relevant Community specifications and whose reference numbers have been published in the Official Journal of the European Union.
3. The Commission shall publish the references to the European standards referred to in paragraph 1(a) in the Official Journal of the European Union.
4. The references to Eurocontrol specifications referred to in paragraph 1(b), shall be published by the Commission in the Official Journal of the European Union in accordance with the procedure referred to in Article 5(2) of the framework Regulation.
5. Where a Member State or the Commission considers that conformity with a published Community specification does not ensure compliance with the essential requirements and/or implementing rules for interoperability which the said Community specification is intended to cover, the procedure referred to in Article 5(2) of the framework Regulation shall apply.
6. In the case of shortcomings of published European standards, partial or total withdrawal of the standards concerned from the publications containing them, or amendments thereto, may be decided upon in accordance with the procedure referred to in Article 5(2) of the framework Regulation after consultation of the committee set up under Article 5 of Directive 98/34/EC.
7. In the case of shortcomings of published Eurocontrol specifications, partial or total withdrawal of the specifications concerned from the publications containing them, or amendment thereof, may be decided upon in accordance with the procedure referred to in Article 5(2) of the framework Regulation.
CHAPTER III - VERIFICATION OF COMPLIANCE
Article 5 - EC declaration of conformity or suitability for use of constituents
1. Constituents shall be accompanied by an EC declaration of conformity or suitability for use. The elements of this declaration are set out in Annex III.2. The manufacturer, or its authorised representative established in the Community, shall ensure and declare, by means of the EC declaration of conformity or suitability for use, that he has applied the provisions laid down in the essential requirements and in the relevant implementing rules for interoperability.
3. Compliance with the essential requirements and the relevant implementing rules for interoperability shall be presumed in relation to those constituents that are accompanied by the EC declaration of conformity or suitability for use.
4. The relevant implementing rules for interoperability shall identify, where appropriate, the tasks pertaining to the assessment of conformity or suitability for use of constituents to be carried out by the notified bodies referred to in Article 8.
Article 6 - EC declaration of verification of systems
1. Systems shall be subject to an EC verification by the air navigation service provider in accordance with the relevant implementing rules for interoperability, in order to ensure that they meet the essential requirements of this Regulation and the implementing rules for interoperability, when integrated into the EATMN.2. Before a system is put into service, the relevant air navigation service provider shall establish an EC declaration of verification, confirming compliance, and shall submit it to the national supervisory authority together with a technical file. The elements of this declaration and of the technical file are set out in Annex IV. The national supervisory authority may require any additional information necessary to supervise such compliance.
3. The relevant implementing rules for interoperability shall identify, where appropriate, the tasks pertaining to the verification of systems to be carried out by the notified bodies as referred to in Article 8.
4. The EC declaration of verification shall be without prejudice to any assessments that the national supervisory authority may need to carry out on grounds other than interoperability.
ê 1070/2009 Art. 4.1
Article 6 - a Alternative verification of compliance
A certificate issued in accordance with Regulation (EC) No 216/2008 of the European Parliament and of the Council of 20 February 2008 on common rules in the field of civil aviation and establishing a European Aviation Safety Agency, where it applies to constituents or systems, shall be considered, for the purposes of Articles 5 and 6 of this Regulation, as an EC declaration of conformity or suitability for use, or as an EC declaration of verification, if it includes a demonstration of compliance with the essential requirements of this Regulation and the relevant implementing rules for interoperability.ê 552/2004
Article 7 - Safeguards
1. Where the national supervisory authority ascertains that:(a) a constituent accompanied by an EC declaration of conformity or suitability for use, or
(b) a system accompanied by the EC declaration of verification,
does not comply with the essential requirements and/or relevant implementing rules for interoperability, it shall, with due regard to the need to ensure safety and continuity of operations, take all measures necessary to restrict the area of application of the constituent or the system concerned or to prohibit its use by the entities under the responsibility of the authority.
2. The Member State concerned shall immediately inform the Commission of any such measures, indicating its reasons and, in particular, whether in its opinion non-compliance with the essential requirements is due to:
(a) failure to meet the essential requirements;
(b) incorrect application of the implementing rules for interoperability and/or Community specifications;
(c) shortcomings in the implementing rules for interoperability and/or Community specifications.
3. As soon as possible, the Commission shall consult the parties concerned. After such consultation, the Commission shall inform the Member State of its findings and of its opinion as to whether the measures taken by the national supervisory authority are justified.
4. Where the Commission establishes that the measures taken by the national supervisory authority are not justified, it shall request the Member State concerned to ensure that they are withdrawn without delay. It shall forthwith so inform the manufacturer or its authorised representative established in the Community.
5. Where the Commission establishes that non-compliance with the essential requirements is due to incorrect application of the implementing rules for interoperability and/or the Community specifications, the Member State concerned shall take appropriate measures against the originator of the declaration of conformity or suitability for use or the EC declaration of verification and shall inform the Commission and the other Member States thereof.
6. Where the Commission establishes that non-compliance with the essential requirements is due to shortcomings in the Community specifications, the procedures referred to in Article 4(6) or (7) shall apply.
CHAPTER IV - V
final provisions
ê 1070/2009 Art. 2.11 (adapted)
Article 2517 - Revision Ö Adaptation Õ of Ö the Õ Annexes
Measures, designed to amend non-essential elements of the Annexes in order to take into account technical or operational developments, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 5(4) of the framework Regulation.On imperative grounds of urgency, the Commission may use the urgency procedure referred to in Article 5(5) of the framework Regulation.
ò new
The Commission shall be empowered to adopt delegated acts in accordance with Article 26 in order to supplement or amend the requirements for qualified entities listed in Annex I and the conditions to be attached to certificates to be awarded to air navigation service providers listed in Annex II in order to take account of experience gained by national supervisory authorities in applying these requirements and conditions or of the evolution of air traffic management system in terms of interoperability and integrated provision of air navigation services.
ò new
Article 26 - Exercise of the delegation
1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.2. The delegation of power referred to in Article 11(7), Article 17(3) and Article 25 shall be conferred on the Commission for an indeterminate period of time.
3. The delegation of power referred to in Article 11(7), Article 17(3) and Article 25 may be revoked at any time by the European Parliament or by the Council. A decision of revocation shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.
4. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.
5. A delegated act adopted pursuant to Article 11(7), Article 17(3) and Article 25shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of 2 months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by 2 months at the initiative of the European Parliament or the Council.
ê 549/2004
ð new
Article 27 - 5 Committee procedure
1. The Commission shall be assisted by the Single Sky Committee, hereinafter referred to as ‘the Committee’, composed of two representatives of each Member State and chaired by a representative of the Commission. The Committee shall ensure an appropriate consideration of the interests of all categories of users. ð The Committee shall be a committee within the meaning of Regulation (EU) No 182/2011. ï2. Where reference is made to this paragraph, Articles 3 and 7 ð 4ï of Decision 1999/468/EC ð Regulation (EU) No 182/2011 ï shall apply, having regard to the provisions of Article 8 thereof.
3. Where reference is made to this paragraph, Articles 5 and 7 of Decision 1999/468/EC ð Regulation (EU) No 182/2011 ï shall apply, having regard to the provisions of Article 8 thereof.
The period referred to in Article 5(6) of Decision 1999/468/EC shall be set at one month.
ê 1070/2009 Art. 1.4
4. Where reference is made to this paragraph, Article 5a(1) to (4) and Article 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.
5. Where reference is made to this paragraph, Article 5a(1), (2), (4),(6) and Article 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.
ê 1070/2009 Art. 1.5 (adapted)
ð new
Article 2810 - Ö Consultation of stakeholders by the Commission Õ
12. The Commission shall establish a consultation mechanism at Community Ö Union Õ level ð to consult on matters related to the implementation of this Regulation where appropriate ï. The specific Sectoral Dialogue Committee set up under Ö Commission Õ Decision 98/500/EC shall be involved in the consultation.3. Consultation of stakeholders shall cover, in particular, the development and introduction of new concepts and technologies in the EATMN.
2. The stakeholders may include:
– air navigation service providers,
– airport operators,
– relevant airspace users or relevant groups representing airspace users,
– military authorities,
– manufacturing industry, and,
– professional staff representative bodies.
ê 1070/2009 Art. 1.5 (adapted)
Article 296 - Industry consultation body
Without prejudice to the role of the Committee and of Eurocontrol, the Commission shall establish an ‘industry consultation body’, to which air navigation service providers, associations of airspace users, airport operators, the manufacturing industry and professional staff representative bodies shall belong. The role of this body shall solely be to advise the Commission on the implementation of the sSingle European sSky.Article 307 - Relations with European third countries
ê 1070/2009 Art. 1.5 (adapted)ð new
The Community Ö Union Õ and its Member States shall aim at and support the extension of the sSingle European sSky.to countries which are not members of the European Union. To that end, they shall endeavour, either in the framework of agreements concluded with neighbouring third countries or in the context of agreements on functional airspace blocks ð joint designations of functional airspace blocks or agreements on network functions ï , to extend the application ð further the objectives ï of this Regulation, and of the measures referred to in Article 3, to those countries.
ê 1070/2009 Art. 1.5 (adapted)
ð new
Article 318 - Ö Support by outside bodies Õ Implementing rules
1. For the development of implementing rules tThe Commission may ð request support from ï issue mandates to Eurocontrol or, where appropriate, to another ð an outside ï body ð for the fulfilment of its tasks under this Regulation ï ., setting out the tasks to be performed and the timetable for this and taking into account the relevant deadlines laid down in this Regulation. The Commission shall act in accordance with the advisory procedure referred to in Article 5(2).2. When the Commission intends to issue a mandate in accordance with paragraph 1 it shall endeavour to make the best use of existing arrangements for the involvement and consultation of all interested parties, where these arrangements correspond to Commission practices on transparency and consultation procedures and do not conflict with its institutional obligations.
ê 1070/2009 Art. 2.1
Article 4 - Safety requirements
The Commission shall, in accordance with the regulatory procedure referred to in Article 5(3) of the framework Regulation, adopt implementing rules incorporating the relevant provisions of the Eurocontrol safety regulatory requirements (ESARRs) and subsequent amendments to those requirements falling within the scope of this Regulation, where necessary with appropriate adaptations.ê 550/2004 (adapted)
CHAPTER IV - FINAL PROVISIONS
ê 1070/2009 Art. 4.2
Article 9 - Revision of Annexes
ê 1070/2009 Art. 2.11
Article 3218 - Confidentiality
1. Neither the national supervisory authorities, acting in accordance with their national legislation, nor the Commission shall disclose information of a confidential nature, in particular information about air navigation service providers, their business relations or their cost components.2. Paragraph 1 shall be without prejudice to the right of disclosure by national supervisory authorities or the Commission where this is essential for the fulfilment of their duties, in which case such disclosure shall be proportionate and shall have regard to the legitimate interests of air navigation service providers, airspace users, airports or other relevant stakeholders in the protection of their business secrets.
3. Information and data provided pursuant to the charging scheme referred to in Article 1214 shall be publicly disclosed.
ê 1070/2009 Art. 1.5 (adapted)
ð new
Article 339 - Penalties
The penalties that Member States shall lay down Ö rules on penalties applicable to Õ for infringements of this Regulation, and of the measures referred to in Article 3 in particular by airspace users and service providers ð ,and shall take all measures necessary to ensure that they are implemented. The penalties provided for ï shall be effective, proportionate and dissuasive.ê 549/2004 (adapted)
Article 3412 - Supervision, monitoring Ö Review Õ and methods of impact assessment
1. The supervision, monitoring and methods of impact assessment shall be based on the submission of annual reports by the Member States on implementation of the actions taken pursuant to this Regulation and to the measures referred to in Article 3.ê 1070/2009 Art. 1.6(a) (adapted)
ð new
12. The Commission shall periodically review the application of this Regulation and of the measures referred to in Article 3, and shall firstly report to the European Parliament and to the Council by 4 June 2011, and at the end of each reference period referred to in Article 11(53)(d). thereafter. When justified for this purpose, the Commission may request from the Member States information additional to the information contained in the reports submitted by them in accordance with paragraph 1 of this Article ð relevant to the application of this Regulation ï.
ê 549/2004
3. For the purposes of drafting the reports referred to in paragraph 2, the Commission shall request the opinion of the Committee.
ê 1070/2009 Art. 1.6(b)
24. The reports shall contain an evaluation of the results achieved by the actions taken pursuant to this Regulation including appropriate information about developments in the sector, in particular concerning economic, social, environmental, employment and technological aspects, as well as about quality of service, in the light of the original objectives and with a view to future needs.
ê 1070/2009 Art. 2.12 (adapted)
Article 18 - a Review
The Commission shall submit a study to the European Parliament and to the Council no later than 4 December 2012 evaluating the legal, safety, industrial, economic and social impacts of the application of market principles to the provision of communication, navigation, surveillance and aeronautical information services, compared to existing or alternative organisational principles and taking into account developments in the functional airspace blocks and in available technology.ê 551/2004 (adapted)
CHAPTER IV - FINAL PROVISIONS
Article 10 - Review
On the basis of the study's conclusions and in the light of the progress achieved, the Commission shall submit at the latest by 31 December 2006 a report to the European Parliament and to the Council accompanied, if appropriate, by a proposal to extend the application of these concepts to lower airspace, or to determine any other steps. In the event of such an extension being envisaged, the relevant decisions should preferably be taken before 31 December 2009.
ê 549/2004 (adapted)
Article 3513 - Safeguards
This Regulation shall not prevent the application of measures by a Member State to the extent to which Ö that Õ these are needed to safeguard essential security or defence policy interests. Such measures are in particular those which are imperative:(a) for the surveillance of airspace that is under its responsibility in accordance with ICAO Regional Air Navigation agreements, including the capability to detect, identify and evaluate all aircraft using such airspace, with a view to seeking to safeguard safety of flights and to take action to ensure security and defence needs,
(b) in the event of serious internal disturbances affecting the maintenance of law and order,
(c) in the event of war or serious international tension constituting a threat of war,
(d) for the fulfilment of a Member State's international obligations in relation to the maintenance of peace and international security,
(e) in order to conduct military operations and training, including the necessary possibilities for exercises.
ê 1070/2009 Art. 1.7 (adapted)
ð new
Article 3613 - a European ð Union Agency for ï Aviation Safety Agency ð (EAA) ï
When implementing this Regulation and Regulations (EC) No 550/2004, (EC) No 551/2004, (EC) No 552/2004 and Regulation (EC) No 216/2008 of the European Parliament and of the Council of 20 February 2008 on common rules in the field of civil aviation and establishing a European Aviation Safety Agency, Member States and the Commission, in accordance with their respective roles as provided for by this Regulation, shall coordinate as appropriate with ð EAA ï the European Aviation Safety Agency to ensure that all safety aspects are properly addressed.ê 552/2004 (adapted)
Article 10 - Transitional arrangements
1. Starting from 20 October 2005, the essential requirements shall apply to the putting into service of systems and constituents of the EATMN, if not otherwise specified by the relevant implementing rules for interoperability.2. Compliance with the essential requirements shall be required for all systems and constituents of the EATMN currently in operation by 20 April 2011, if not otherwise specified by the relevant implementing rules for interoperability.
ê 1070/2009 Art. 4.3 (adapted)
2a. For the purposes of paragraph 2 of this Article, Member States may declare systems and constituents of the EATMN as compliant with the essential requirements and exempt from the provisions of Articles 5 and 6.
ê 552/2004 (adapted)
3. Where systems of the EATMN have been ordered or binding contracts to that effect have been signed
– before the date of entry into force of this Regulation, or, where appropriate,
– before the date of entry into force of one or more relevant implementing rules for interoperability,
so that compliance with the essential requirements and/or the relevant implementing rules for interoperability cannot be guaranteed within the time limit mentioned in paragraph 1, the Member State concerned shall communicate to the Commission detailed information on the essential requirements and/or implementing rules for interoperability where uncertainty of compliance has been identified.
The Commission shall enter into consultation with the parties concerned, after which it shall take a decision in accordance with the procedure referred to in Article 5(3) of the framework Regulation.
ê 552/2004 (adapted)
Article 3711 - Repeal
Directives 93/65/EEC and 97/15/EC and Regulations (EC) Nos 2082/2000 Ö 549/2004, 550/2004, 551/2004 Õ and 980/2002 Ö 552/2004 Õ shall be Ö are Õ repealed on 20 October 2005.Ö References to the repealed Regulations shall be construed as references to this Regulation and shall be read in accordance with the correlation table in Annex III. Õ
ê 550/2004 (adapted)
Article 3819 - Entry into force
1. This Regulation shall enter into force on the 20th twentieth day following that of its publication in the Official Journal of the European Union.ê 550/2004 (adapted)
2. However, Articles 7 and 8 shall enter into force one year after publication of the common requirements, as referred to in Article 6, in the Official Journal of the European Union.
ê 550/2004
This Regulation shall be binding in its entirety and directly applicable in all Member States.