Legal provisions of COM(2020)579 - 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(2020)579 - Implementation of the Single European Sky (recast). |
|---|---|
| document | COM(2020)579  |
| date | September 22, 2020 |
CHAPTER - I
GENERAL E> PROVISIONS <Z\
* 1070/2009 Art. 1.1 (adapted)
[=>
Article 1 Objective E> Subject
m atte r S*J and scope
1. ^ This Regulation lays down rules for the creation and effective functioning of ^ The objecti ve of the sSingle European sSky ini ti a ti ve is to enhance E/ in order to reinforce nS current air traffic safety standards, to contribute to the sustainable development of the air transport system and to improve the overall performance of air traffic management (A TM) and air navigation services (ANS) for general air traffic in Europe, with a view to meeting the requirements of all airspace users. This E> The <S] sSingle European sSky shall comprise a coherent pan-European
network of routes, ^ a progressively more integrated airspace, ^
network management and air traffic management systems based only
efficiency,technical considerations
interoperability and technological modernisation
safety,
for the benefit of all airspace users,. ^ citizens and the environment. ^ In pursuit of this
new
but
new
on
objective, this Regulation establishes a harmonised regulatory framework for the creation of the single European sky.
* 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 4413. This Regulation and the measures referr ed to in Article 3 do \E> does O not cover military operations and training.
^ 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, E/ aims to assist, nS 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.
* 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.
* 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)43.
* 551/2004 (adapted) ^ ne w
43. Without prejudice to Article 10, tThis Regulation shall apply to the airspace within the ICAO EUR and AFI region where Member States are responsible for the provision of air traffic services in accordance with the service p ro visi on Regulation. Member States may also apply this Regulation to airspace under their responsibility within other ICAO regions, on E/ the nS condition that they inform the Commission and the other Member States thereof.
* 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.
* 1070/2009 Art. 1.1
4. 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.
43
See page 10 of t
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5. [In the event the Regulation is adopted before the end of the transition period: This
Regulation shall not apply to Gibraltar airport.]
6. Unless otherwise provided, where reference is made to the European Union Aviation
Safety Agency (the Agency), such reference shall be understood as aimed at the Agency in its capacity as safety authority and not as authority in charge of performance review.
* 549/2004 (adapted)
For the purposes of this Regulation and of the measures referred to in Article 3, the following definitions shall apply:
* 549/2004 (adapted) ^ ne w
1.‘air traffic control (ATC) service’ means a service provided for the purpose of: 12.‘aerodrome control service’ means an E> air traffic control O (ATC) servic
aerodrome traffic;
established within the
23.‘aeronautical information service’ means a service,
E/ a nS defined area of coverage, responsible for the provision of aeronautical information and data necessary for the safety, regularity, and efficiency of air navigation;
35.‘air navigation service provider’ means a public or private entity providing
E/ one or more nS air navigation services for general air traffic;
44. ‘air navigation services E> (ANS) O ’ means air traffic services; communication, navigation and surveillance services E/ (CNS) \E] ; meteorological services for air na vigation E/ (MET ) nS ; andaeronautical information services E/ (AIS) \E] ; *-$ and air traffic data services (ADS); ^
51. ‘air traffic control (ATC) service’ means a service provided for the purpose of:
(a) preventing collisions: (i) between a irc r a ft;, and
(ii) in the manoeuvring area between aircraft and obstructions; and
(b) expediting and maintaining an orderly flow of air traffic;
new
Q
6. ‘air traffic data services’ means services consisting in the collection, aggregation and integration of operational data from providers of surveillance services, from providers of MET and AIS and network functions and from other relevant entities, or the provision of processed data for air traffic control and air traffic management purposes;
7. ‘air traffic flow and capacity management (ATFCM)’ means a service aiming at protecting air traffic control from over-delivery and optimising the use of the available capacity;
* 549/2004 (adapted) ^ ne w
89.‘air traffic flow management \E> (ATFM) O ’ means a function ■=> or service ^
established with the objective of contributing to a safe, orderly and expeditious flow of air traffic ^ covering the full trajectory ^ 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;
* 1070/2009 Art. 1.2(b)
^ ne w
910.‘air traffic management (ATM)’ means the aggregation of the airborne and
ground-based functions ^ or services ^ (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;
* 549/2004
1011.‘air traffic services’ means the various flight information services, alerting services, air traffic advisory services and ATC services (area, approach and aerodrome control services);
116.‘airspace block’ means an airspace of defined dimensions, in space and time, within which air navigation services are provided;
127.‘airspace management’ means a planning function 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;
new
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13. ‘airspace structure’ means a specific volume of airspace defined with a view to ensuring the safe and optimal operation of aircraft;
* 1070/2009 Art. 1.2(a) (adapted)
148.‘airspace users’ means operators of aircraft operated \E> in accordance with <3
as genera air traffic E/ rules nS ;
* 1070/2009 Art. 1.2(g)
1523b.‘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;
* 549/2004
i=>
1613.‘approach control service’ controlled flights;
means an
ATC service for arriving or departing
1712.‘area control service’ means an ATC service for controlled flights ■=>
in control
areas
<P a block of airspace;
Q
18. ‘baseline value’ means a value defined by way of estimation for the purpose of setting performance targets and concerning determined costs or determined unit costs during the year preceding the start of the relevant reference period;
19. ‘benchmark group’ means a group of air traffic service providers with a similar operational and economic environment;
20. ‘breakdown value’ means the value obtained, for a given air traffic service provider, by breaking down a Union-wide performance target to the level of each air traffic service provider and serving as a reference for assessing consistency of the performance target set in draft performance plan with the Union-wide performance target;
* 549/2004
of services’ means two or more
vices;
new
new
new
.‘
2115.‘certificate’ means a document issued ■=> by the Agency,^ by a national
super visor y ^ competent ^ authority E/ or by a national supervisory authority, nS in any form complying with national law, which confirms that an ^ air traffic management and ^ air navigation service provider meets the requirements for providing a specific service;
1}
22. ‘common information service (CIS)’ means a service consisting in the collection of static and dynamic data and their dissemination to enable the provision of services for the management of traffic of unmanned aircraft;
* 549/2004
2316.‘communication services’ means aeronautical fixed and mobile services to enable ground-to-ground, air-to-ground and air-to-air communications for ATC purposes;
18.‘concept of operation’ means the criteria for the operational use of the EATMN or of part thereof;
2419.‘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;
.TJ,
25. ‘control area’ means a controlled airspace extending upwards from a specified limit above the earth;
26. ‘cooperative decision-making’ means a process in which decisions are made based on interaction and consultation with Member States, operational stakeholders and other actors as appropriate;
* 1070/2009 Art. 1.2(j)
^ ne w
2741.‘cross-border services’ means any situation where air navigation services are
provided in one Member State by a service provider ^ having its principal place of business in another Member State ^ certified in another Member State;
new
new
44 45 46 47
Q
28. ‘declaration’ means, for the purposes of air traffic management and air navigation services, a declaration as defined in Article 3(10) of Regulation (EU) 2018/1139;
29. ‘en route air navigation services’ means air traffic services related to control of an aircraft from the end of the take off and initial climb phase to the commencement of the approach and landing phase and the underlying air navigation services necessary to provide en route air traffic services.
30. ‘en route charging zone’ means a volume of airspace that extends from the ground up to, and including, upper airspace, where en route air navigation services are provided and for which a single cost base is established;
* 549/2004 (adapted)
31 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 Navigation44;
3217.‘European air traffic management network’ (EATMN) means the collection of
systems, listed in point 3.1 of Annex VIIII to Regulation (EU) 2018/1139 (EC) No 552/200"4 of the European Parliament and of the Council of 10 March 2004 on the
interoperability of the European air traffic managemmmt network (the intero perability
Regulation)45, enabling a i r na vig ati on services in the Commun ity \E> Union <S]to be provided, including the interfaces at boundaries with third countries;
* 1070/2009 Art. 1.2(c) (adapted)
3313a.‘ E> European O ATM Master Plan’ means the plan endorsed by Council
Decision 2009/320/EC46, 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 ne generation European air traffic management system (SESAR)47 and as subsequently amended;
by the protocol of 12 February 1981 and revised by the protocol of 27 June
See page 33 of this Official Journal.
OJ L 95, 9.4.2009, p. 41.
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) (OJ L 064, 2.3.2007,
p.1).
new
3422.‘flexible use of airspace’ means an airspace management concept ■=> based on
the fundamental principle that airspace should not be designated as either pure civil or military airspace, but rather be considered as a continuum in which all user requirements have to be accommodated to the extent possible ^ appl ied 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 a irspa c e’ issued by
(Eurocontrol);
* 549/2004
.‘flight information region’ means an airspace of defined
flight information services and alerting services are
* 1070/2009 Art. 1.2(g)
3523a.‘flight information service’ means a service provided for the purpose of giving advice and information useful for the safe and efficient conduct of flights;
* 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;
* 1070/2009 Art. 1.2(h)
25.‘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;
* 549/2004 (adapted) ^ ne w
3626.‘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 E/ those nS movements are carried out in conformity with the procedures of
the \E> International Civil Aviation Organisation (ICAO) as established by the 1944 Chicago Convention on International Civil Aviation <3 ICAO;
27.‘ICAO’ means the International Civil Aviation Organisation, as established by the
1944 Chicago Convention on International C ivi l Aviation;
3728.‘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 c onstitue nts compliant with the essential r e quir ements;
3829.‘meteorological services’ means those \E> the <Z1 facilities and services that
provide aircraft with meteorological forecasts, ^ warnings, ^ E/ briefings nS br ief s and observations ^ for air navigation purposes ^, as well as any other
meteorological information and data provided by
States for aeronautical use;
Q
39. ‘national competent authority’ means the entities as defined in point (34) of Article 3 of
Regulation (EU) 2018/1139;
40. ‘national supervisory authority’ means the national body or bodies entrusted by a Member
State with the tasks under this Regulation other than the tasks covered by the national competent authority;
* 549/2004 (adapted)
4130.‘navigation services’ means those the facilities and services that provide aircraft
[E>the<Xl
with positioning and timing information;
Q
42. ‘network crisis’ means a state of inability to provide air traffic management and air navigation services at required level resulting in a major loss of network capacity, or a major imbalance between network capacity and demand, or a major failure in the information flow in one or several parts of the network following an unusual and unforeseen situation;
43. ‘Network Manager’ means the entity entrusted with the tasks necessary to contribute to the execution of the network functions referred to in Article 26, in accordance with Article 27;
* 549/2004 (adapted) ^ ne w
4431.‘operational data’ means information concerning all phases of flight that
is
required to ta ke oper ational decisions ^ for operational purposes ^ by air
new
new
are
navigation service providers, airspace users, airport operators and other actors involved;
.‘procedure’, as used in the context of the
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;
1}
45. ‘performance plan’ means a plan drafted or adopted, according to the case, by air traffic service providers and the Network Manager and aimed at improving the performance of air navigation services and network functions;
* 549/2004
4633.‘putting into service’ means the first operational use after the initial installation or upgrade of a system;
4734.‘route network’ means a network of specified routes for channelling the flow of general air traffic as necessary for the provision of ATC services;
.‘routing’ means the chosen
to be followed by an
during
operation; 36.‘seamle
means the
of the EATMN in such a manner that
from the user's perspective it functions as if it were a single
48. ‘SESAR definition phase’ means the phase comprising the establishment and updating of the long-term vision of the SESAR project, of the related concept of operations enabling improvements at every stage of flight, of the required essential operational changes within the EATMN and of the required development and deployment priorities;
49. ‘SESAR deployment phase’ means the successive phases of industrialisation and implementation, during which the following activities are conducted: standardisation, production and certification of ground and airborne equipment and processes necessary to implement SESAR solutions (industrialisation); and procurement, installation and putting into service of equipment and systems based on SESAR solutions, including associated operational procedures (implementation);
50. ‘SESAR development phase’ means the phase during which research, development and validation activities aiming to deliver mature SESAR solutions are conducted;
51. ‘SESAR project’ means the project to modernise air traffic management in Europe, aimed at providing the Union with a high performance, standardised and interoperable air traffic management infrastructure, and consisting in an innovation
cycle that includes the SESAR definition phase, the SESAR development phase and the SESAR deployment phase;
52. ‘SESAR solution’ means a deployable output of the SESAR development phase introducing new or improved standardised and interoperable operational procedures or technologies;
* 549/2004 (adapted)
5338.‘surveillance services’ means those E> the <3 facilities and services used to
deter mine the respective positions of aircraft to allow safe separation;
5439.‘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 f li ght;
Q
55. ‘terminal air navigation services’ means aerodrome control services or aerodrome flight information services which include air traffic advisory services and alerting services, air traffic services related to the approach and departure of aircraft within a distance from the airport concerned necessary to meet operational requirements and the necessary underlying air navigation services;
56. ‘terminal charging zone’ means an airport or a group of airports, located within the territories of a Member State, where terminal air navigation services are provided and for which a single cost base is established;
* 549/2004
5740.‘upgrade’ means any modification that changes the operational characteristics of a system.
* 549/2004
Article 3
Fields for action by the Community
1. This Regulation establishes a harmonised regulatory framework for the creation of the single European sky in conjunction with:
(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)48;
48
See page 20 of t
new
(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)49; 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)50;
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.
CHAPTER II E> NATIONAL SUPERVISORY AUTHORITIES O
Article 34
E/ Nomination, establish ment and requirements regarding nS Nn ational supervisory
authorities
1. Member States shall, jointly or individually, either nomina te or e stablish a body or bodies as their national supervisory authority in order to assume the tasks assigned to such authority
E> by <3
this Regulation and under the measures referred to in Article
2. The national supervisory authorities shall be independent of air navigation service providers. This independence shall be achieved through adequate separation, at the functional level at least, between the national supervisory authorities and such providers.
^ 1070/2009 Art. 1.3 (adapted) ^ ne w
32. E? The nS Nnati onal supervisory authorities shall exercise their powers impartially, independently and transparently. This shall be achieved by applying appropriate management and control mechanisms ^ and shall be organised, staffed, managed and financed accordingly. ^ , including within the administration of a Member State. However, thi s 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
49 See page 10 of t
50 See page 26 of t
under
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3. Without prejudice to paragraph 1, the national supervisory authorities shall be legally distinct and independent from any other public or private entity in terms of their organisation, functioning, legal structure and decision-making.
The national supervisory authorities shall also be independent in terms of their organisation, funding decisions, legal structure and decision-making from any air navigation service provider.
4. Member States may set up national supervisory authorities which are competent for several regulated sectors, if those integrated regulatory authorities fulfil the independence requirements set out in this Article. The national supervisory authority may also be joined in respect of its organisational structure with the national competition authority referred to in Article 11 of Council Regulation (EC) No 1/200351, if the joint body fulfils the independence requirements set out in this Article.
5. Staff of the national supervisory authorities shall comply with the following requirements:
(a) they shall be recruited under clear and transparent processes which ensure their independence;
(b) they shall be selected on the basis of their specific qualifications, including appropriate competence and relevant experience or they shall be subject to appropriate training.
Staff of national supervisory authorities shall act independently, in particular by avoiding conflicts of interest between air navigation service provision and the execution of their tasks.
6. In addition to the requirements set out in paragraph 5, persons in charge of strategic
decisions shall be appointed by an entity of the Member State concerned which does not directly exert ownership rights over air navigation service providers. Member States shall decide whether these persons are appointed for a fixed and renewable term, or on a permanent basis which only allows dismissal for reasons not related to their decision-making. Persons in charge of strategic decisions shall not seek or take instructions from any government or other public or private entity when carrying out their functions for the national supervisory authority and shall have full authority over the recruitment and management of its staff.
They shall refrain from any direct or indirect interest that may be considered prejudicial to their independence and which may influence the performance of their functions. To that effect, they shall make an annual declaration of commitment and declaration of interests indicating any direct or indirect interests.
Persons in charge of strategic decisions, audits or other functions directly linked to performance targets or oversight of air navigation service providers, shall not hold any professional position or responsibility with any air navigation service provider after their term in the national supervisory authority, for at least a period of two years.
51
Council Regulation (EC) No 1/2003 of 16 December 2002 on the implementation of the rules on competition laid down in Articles 81 and 82 of the Treaty (OJ L 1, 4.1.2003, p. 1).
new
74. Member States shall
ensure that national supervisory authorities have the necessary E/ financial nS resources and capabilities to carry out the tasks assigned to them under this Regulation in an efficient and timely manner. ^ The national supervisory authorities shall manage their staff based on their own appropriations, to be set in proportion to the tasks to be fulfilled by the authority in accordance with Article 4. ^
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8. A Member State
may request the Agency acting as Performance Review Body (PRB), to carry out the tasks related to the implementation of the performance and charging schemes laid down in Articles 14, 17, 19, 20, 21, 22 and 25, and in the implementing acts referred to in Articles 18 and 23 and for which the national supervisory authority of that Member State is responsible under this Regulation and the delegated and implementing acts adopted on the basis thereof.
Once the Agency acting as PRB accepts such a request, it shall become the supervisory authority responsible for the tasks covered by that request and the national supervisory authority of the requesting Member State shall be relieved of the responsibility for those tasks. The rules contained in Regulation (EU) 2018/1139 and pertaining to the Agency acting as PRB shall apply to the performance of these tasks, including as regards the levying of fees and charges.
95. 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 ■=> this Articled paragraphs 2,3 and 4.
compliance with
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10. The Commission shall establish detailed rules laying down the modalities of recruitment and selection procedures referred to in paragraph 5, points (a) and (b). Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article
37(3).
new
new
^ 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 ensure 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.;:
$,
(a) conduct the activities necessary for the issuance of the economic certificates referred
to in Article 6, including the oversight of the holders of those economic certificates;
(b) oversee the correct application of procurement requirements in accordance with
Article 8(6);
(c) apply the performance and charging schemes set out in in Articles 10 to 17 and 19 to
22 and the implementing acts referred to in Articles 18 and 23, within the limits of their tasks defined in those articles and acts, and oversee the application of the Regulation regarding the transparency of accounts of designated air traffic service providers in accordance with Article 25.
2. The national supervisory authorities shall be responsible for assessing and approving
the price setting for the provision of the common information service, in accordance with Article 9.
* 1070/2009 Art. 2.1 (adapted) ^ new
32. To thi s end, eEach national supervisory authority shall organise pr oper E/ conduct the necessary nS inspections a nd survey s ^ , audits and other monitoring activities ^ to *-$ identify possible infringements by entities subject to their oversight under this Regulation of the requirements set out in this Regulation and the delegated and implementing acts adopted on the basis thereof ^ verify c om pl ian ce with the requirements of thi s Regulation including human resources requirements for the provision of air navigation service.
It shall take all necessary enforcement measures which may, where appropriate, include the amendment, limitation, suspension or revocation of economic certificates issued by them in accordance with Article 6.
T he air navigation service providers, airport operators and the common information service providers concerned shall comply with the measures taken by the national supervisory authorities to this effect.
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Article 5 - Co-operation between national supervisory authorities
1. The national supervisory authorities shall exchange information and work together in a network in the context of the Advisory Board for Performance Review referred to in Article114a of Regulation (EU) 2018/1139.
2. The national supervisory authorities shall cooperate, where appropriate through working arrangements, for the purposes of mutual assistance in their monitoring and supervisory tasks and handling of investigations and surveys.
* 1070/2009 Art. 2.1 (adapted) ^ ne w
3. In respect of functional airspace blocks that extend across the ^ National supervisory authorities shall facilitate the provision of cross-border services by air navigation service providers for the purpose of improving network performance. In the case of provision of air navigation services in an ^ airspace falling under the responsibility of E/ two or nS more
than one Member StateE> States <Z1 , the Member States concerned shall conclude an agreement on the supervision ^ to be carried out by them under this Regulation, of ^ with regard to the air navigation service providers E/ concerned nS providing services relating to those blocks. ^ The national supervisory authorities concerned may establish a plan specifying the implementation of their co-operation with a view to giving effect to that agree ment. V-1
* 1070/2009 Art. 2.1
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 the applicable common requirements set out in Article 8b(1) of Regulation (EC) No 216/2008 6 or with the conditions set out in Annex II.
* 1070/2009 Art. 2.1
5. In the case of cross-border provision of air navigation services, such arrangements shall include an agreement on the mutual recognition of the supervisory tasks set out in paragraphs 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.
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4. In the case of provision of air navigation services in an airspace falling under the responsibility of another Member State, the agreements referred to in paragraph 3 shall provide for the mutual recognition of the discharge, by each of the authorities, of the supervisory tasks set out in this Regulation and of the results of the discharge of these tasks. They shall also specify which national supervisory authority shall be in charge of the economic certification set out in Article 6.
* 1070/2009 Art. 2.1 (adapted) ^ new
65. If E) Where \E1 permitted by national law and with a view to regional cooperation, national supervisory authorities may also conclude agreements E/ on the nS r egarding the division of responsibilities regarding E/ the nS supervisory tasks. ^ They shall notify the Commission of these agreements. <=■
^ 1070/2009 Art. 2.1
Article 3 Qualified entities
1. National supervisory authorities may decide to delegate in full or in part the inspections and surveys referred to in Article 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 for a renewable period of three years. National supervisory authorities may instruct any of the qualified entities located in the Community to undertake these inspections and surveys.
* 1070/2009 Art. 1.5
Article 10
Consultation of stakeholders
1. The Member States , acting in accordance with their national legislation, shall establish consultation mechanisms for appropriate involvement of stakeholders, including professional staff representative bodies , in the implementation of the single European sky.
new
* 550/2004 (adapted)
CHAPTER III RULES FORTHE E> SERVICE ^ PROVISION OF SERVICES
* 550/2004 (adapted)
Article 6 - Common requirements
Common requirements for the provision of air navigation services shall be established in accordance with the procedure referred to in Article 5(3) of the framework Regulation. The common requirements shall include the following:– 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,
Article 67
E/ Econ om ic nS certification E/ and requirements for nS of air navigation service
providers
1. The provision of all air navigation services within th e Community shall be subject to
certification by Member States .
* 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.
Q
1. Air navigation service providers shall, in addition to the certificates they are required to hold pursuant to Article 41 of Regulation (EU) No 2018/1139, hold an economic certificate. This economic certificate shall be issued upon application, when the applicant has demonstrated sufficient financial robustness and has obtained appropriate liability and insurance cover.
The economic certificate referred to in this paragraph may be limited, suspended or revoked when the holder no longer complies with the requirements for issuing and maintaining such certificate.
2. An entity that holds an economic certificate referred to in paragraph 1 and a certificate referred to in Article 41 of Regulation (EU) No 2018/1139 shall be entitled to provide within the Union air navigation services for airspace users, under non-discriminatory conditions, without prejudice to Article 7(2).
3. The economic certificate referred to in paragraph 1 and the certificate referred to in Article 41 of Regulation (EU) No 2018/1139 may be subject to one or several conditions set out in Annex I. Such conditions shall be objectively justified, non-discriminatory, proportionate and transparent. The Commission shall be empowered to adopt delegated acts in accordance with Article 36 in order to amend the list set out in Annex I for the purposes of providing for an economic level playing field and resilience of service provision.
4. The national supervisory authorities of the Member State where the natural or legal person applying for the economic certificate has its principal place of business or, if that person has no principal place of business, where it has its place of residence or place of establishment, shall be responsible for the tasks set out in this Article in respect of the economic certificates. In the case of provision of air navigation services in an airspace falling under the responsibility of two or more Member States, the national supervisory authorities responsible shall be those specified in accordance with Article 5(4).
5. For the purpose of paragraph 1, the national supervisory authorities shall:
(a) receive and assess the applications made to them, and, where applicable, issue or renew economic certificates;
(b) perform oversight of holders of economic certificates.
6. The Commission shall adopt, in accordance with the examination procedure referred to in Article 37(3), implementing rules regarding detailed requirements on financial robustness, in particular financial strength and financial resilience, as well as in respect of liability and insurance cover. In order to ensure the uniform implementation of and compliance with paragraphs (1), (4) and (5) of this Article, the Commission shall adopt implementing acts, in accordance with the examination procedure referred to in Article 37(3), laying down detailed provisions concerning the rules and procedures for certification and for conducting the investigations, inspections, audits and other monitoring activities necessary to ensure effective oversight by the national supervisory authority of the entities subject to this Regulation.
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* 550/2004
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.
4. 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 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.
* 1070/2009 Art. 2.3
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.
* 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.
* 1070/2009 Art. 2.4
^ ne w
Article 78
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 tra f fic service provider holding a valid certificate in the Comm un ity . ^ individually or collectively, designate one or more air traffic
service provider(s). T he air traffic service providers shall fulfill the following conditions: ^
(a) they shall hold a valid certificate or a valid declaration as referred to in Article 41 of Regulation (EU) 2018/1139 and an economic certificate in accordance with Article 6(1).
(b) they shall comply with the national security and defence requirements.
Each decision to designate an air traffic service provider shall be valid for a maximum of ten years. Member States may decide to renew the designation of an air traffic service provider.
* 1070/2009 Art. 2.4 (adapted) ^ ne w
2. For the provision of cross border service, Member States shall ensure that c ompl iance with thi s Article and Article 18 10(3) is not prevented by their national legal system re quiring that air traffic service providers providing serv ices in the airspace under the responsi bil ity of that Member S tate ^ T he designation of the air traffic service providers shall not be subject to any condition requiring those providers to ^ :
(a) be owned directly or through a majority holding by that E/ the designating nS Member State or its nationals;
(b) have their principal place of operation or registered office in the territory of that
the designating
O Member State;
(c) use only facilities in that E/ the designating nS Member State.
3. Member States shall define ^ specify ^ the rights and obligations to be met by the desig nated air traffic service providers ^ , designated individually or jointly. ^ The obligations may ^ shall ^ include conditions for the timely supply of E/ making available nS relevant infor mation E/ data nS enabling all aircraft movements E/ to be identified nS in the airspace under their responsibil ityto be identi fied.
* 1070/2009 Art. 2.4
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.
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.
46. 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.
.n,
Article 8
Conditions regarding the provision of CNS, AIS, ADS, MET and terminal air traffic
services
1. Where this enables cost-efficiency gains to the benefit of airspace users, air traffic service providers may decide to procure CNS, AIS, ADS or MET services under market conditions.
Where this enables cost-efficiency gains to the benefit of airspace users, Member States shall allow airport operators to procure terminal air traffic services for aerodrome control under market conditions.
In addition, where this enables cost-efficiency gains to the benefit of airspace users, Member States may allow airport operators or the national supervisory authority concerned to procure terminal air traffic services for approach control under market conditions.
2. Procurement of services under market conditions shall be on the basis of equal, non-discriminatory and transparent conditions in accordance with Union law including Treaty rules on competition. The tender procedures for the procurement of the services concerned shall be designed so as to enable the effective participation of competing providers in these procedures including through regular reopening of competition.
3. Member States shall take all necessary measures to ensure that the provision of en route air traffic services is separated in terms of organisation from the provision of CNS, AIS, ADS, MET and terminal air traffic services and that the requirement concerning the separation of accounts referred to in Article 25(3) is respected.
4. A provider of CNS, AIS, ADS, MET or terminal air traffic services may only be selected to provide services in a Member State, when:
(a) it is certified in accordance with Article 6(1) and 6(2);
(b) its principal place of business is located in the territory of a Member State;
(c) Member States 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. Articles 14, 17 and 19 to 22 shall not apply to the terminal air traffic service providers designated as a result of a procurement procedure in accordance with the second and third subparagraphs of paragraph 1. Those terminal air traffic service providers shall provide data on the performance of air navigation services in the key performance areas of safety, the environment, capacity and cost-efficiency to national supervisory authority and the Agency acting as PRB for monitoring purposes.
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6. National supervisory authorities shall ensure that procurement by air traffic service providers and airport operators as referred to in paragraph 1 complies with paragraph 2, and where necessary shall apply corrective measures. In the case of terminal air traffic services, they shall be responsible for approving tender specifications for terminal air traffic services, which shall include requirements on service quality. The national supervisory authorities shall refer to the national competition authority referred to in Article 11 of Council Regulation (EC) No 1/2003 matters relating to the application of competition rules.
Article 9
Provision of common information services
1. Where common information services are provided, the data disseminated shall present the integrity and quality necessary to enable the safe provision of services for the management of traffic of unmanned aircraft.
2. The price for common information services shall be based on the fixed and variable costs of providing the service concerned and may, in addition, include a mark-up reflecting an appropriate risk-return trade-off.
The costs referred to in the first subparagraph shall be set out in an account separate from the accounts for any other activities of the operator concerned and shall be made publicly available.
3. The common information service provider shall set the price in accordance with paragraph 2, subject to assessment and approval by the national supervisory authority concerned.
4. As far as operations in specific volumes of airspace designated by the Member States for unmanned aircraft operations are concerned, relevant operational data shall be made available in real-time by air navigation service providers. Common information service providers shall use those data only for operational purposes of the services they provide. Access to relevant operational data shall be granted to common information service providers, on a non-discriminatory basis, without prejudice to security or defence policy interests.
Prices for access to such data shall be based on the marginal cost of making the data available.
* 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.
Article 1011
Performance scheme
1. To improve the performance of air navigation services and network functions in the sSing le European sSky, a performance scheme for air navigation services and network functions shall be set up O apply in acc orda nce with this Article a nd Arti c les 11 to 18. ^ It shall include:
2. The performance scheme shall be implemented over reference periods, which shall be a minimum of two years and a maximum of five years. The performance scheme shall include:
(a) Community \E> Union O -wide performance targets on \E> in <3 the key
^ for
performance areas of safety , the environment, capacity and costefficiency each reference period ^ ;
(b) national \S> performance O plans or plans for functional airspace blocks, including ^ binding ^ performance targets, ensuring consi stency with the Comm un ity wide per f or mance tar gets ^ in the key performance areas mentioned in point (a) for each reference period ^ ; and
(c) periodic review, monitoring and benchmarking of the performance of air navigation services and network functions ■=> in the key performance areas of safety, the environment, capacity and cost-efficiency ^ ..
The Commission may add additional key performance areas for performance target sett ing or monitoring purposes, where necessary to improve performance.
2. In accordance with the regulatory procedure referred to in Article 5(3), the Commission may designate Eur oc ontr ol or another impa rtial 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 a uthor ities, and to assist the national supervisory authorities on request in the im pleme ntation of the pe rf o rma nc e scheme referred to in paragraph 1. The Commission shall ensure that the p e rf o rma nc e review body independently when carrying out the tasks e ntruste d to it by the Commission.
3. (a) The Community ------wide pe r for man c e targets for the air tr a ff ic mana g e ment
network shall be adopted by the Commission in accordance with the regulatory
procedure referred to in Article after takin g into account the releant 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
shall be drawn up by national supervisory authorities and adopted by the Member State(s). These plans shall include binding national targets or targets at the level of functional airspace blocks and an appropriate incentive scheme as a do pted by the
Member State(s). Drafting of the plans shall be subj e c t to consultationnnnnnnnnn air
navigation service providers, airspace users' re p rese ntatives, and, where re leva nt, airport operators and a i rpor t coor dinator s.
(c) The consistency of the national or functional airspace block targets with the
Communitywide and performance targets shall be assessed by the Commission using the assessment criteria referred to in point (d) of paragraph 6.
In the event that the Commission identifies that one or more national or functional airspace block targets do not meet the assessment criteria, it may decide, in accordance with the advisory procedure referred to in Article 5(2), 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).
(d) The reference period for the performance scheme, referred to in paragraph 1, shall
cover a minimum of three years and a max im um of five years. During this period, in
the event that the national or functional airspace block targets are not met, the
Member States and/or the national supervisory authorities shall apply the
appropriate measures they have defined. The first reference period shall cover the first three years following the adoption of the impleme nting rules referred to in paragraph 6.
(e) The Commission shall carry out regular assess ments of the achieve m ent of the
performance tar gets and pr ese nt the r esults to the S ing le Sky Commmmmme.
3. The following procedures shall apply to the p e rf or man c e scheme referred to in
paragraph 1 \E> Points (a), (b) and (c) of paragraph 2 shall be based on O :
(a) the collection, validation, examination, evaluation and dissemination of relevant data
related to the performance of air navigation services and network functions from all
relevant parties, including air navigation service providers, airspace users, airport operators, national supervisory authorities, ^ national competent authorities, ^ Member States ^ , the Agency, the Network Manager ^ and Eurocontrol
Q
(b) key performance indicators for target setting in the key performance areas of the
environment, capacity and cost-efficiency;
(c) indicators for monitoring performance in the key performance areas of safety, the
environment, capacity and cost-efficiency;
(d) a methodology for the development of performance plans and of performance targets for air navigation services, and methodology for the development of the performance plan and performance targets for the network functions;
(e) the assessment of the draft performance plans and targets for air navigation services and network functions;
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(f) monitoring of performance plans, including appropriate alert mechanisms for revision of performance plans and targets and for the revision of Union-wide performance targets in the course of a reference period;
(g) benchmarking of air navigation service providers;
(h) incentive schemes including for financial disincentives applicable where an air
traffic service provider does not comply with the relevant binding performance targets during the reference period or where it has not implemented the relevant common projects referred to in Article 35. Such financial disincentives shall in particular take account of the deterioration in the level of service quality provided by that provider, as a result of not complying with the performance targets or not implementing the common projects, and the impact thereof on the network;
(i) risk sharing mechanisms in respect of traffic and costs;
(j) timetables for target setting, assessment of performance plans and targets, monitoring
and benchmarking;
(k) a methodology for the allocation of costs common to en route and terminal air
navigation services between the two categories of services;
(l) mechanisms to address unforeseeable and significant events which have a material
impact on the implementation of the performance and charging schemes.
Article 11
Establishment of the Union-wide
performance targets
1. The Commission shall adopt the Union-wide performance targets for en route air navigation services and for terminal air navigation services in the key performance areas of environment, capacity and cost-efficiency for each reference period, in accordance with the advisory procedure referred to in Article 37(2) and with paragraphs 2 to 3 of this Article. In conjunction with the Union-wide performance targets, the Commission may define complementary baseline values, breakdown values or benchmark groups, for the purpose of enabling the assessment and approval of draft performance plans in accordance with the criteria referred to in Article 13(3).
2. Union-wide performance targets referred to in paragraph 1 shall be defined on the basis of the following essential criteria:
(a) they shall drive gradual, continuous improvements in respect of the operational and economic performance of air navigation services;
(b) they shall be realistic and achievable during the reference period concerned, whilst fostering longer term structural and technological developments enabling the efficient, sustainable and resilient provision of air navigation services.
3. For the purposes of preparing its decisions on Union-wide performance targets, the Commission shall collect any necessary input from stakeholders. Upon request of the Commission, the Agency acting as PRB shall provide assistance to the Commission for the analysis and preparation of those decisions, by way of an opinion.
Article 12 Classification of en route and terminal air navigation services
1. Before the start of each reference period, each Member State shall notify to the Commission which air navigation services to be provided during that period in the airspace under their responsibility it intends to classify as en route air navigation services and as terminal air navigation services respectively. At the same time, each Member State shall notify the Commission of the designated air traffic service providers of those respective services.
2. In due time before the start of the relevant reference period, the Commission, shall adopt implementing decisions addressed to each Member State as to whether the intended classification of the services concerned complies with the criteria set out in points (28) and (55) of Article 2. Upon request of the Commission, the Agency acting as PRB shall provide assistance to the Commission for the analysis and preparation of those decisions, by way of an opinion.
3. Where a decision adopted under paragraph 2 finds that the intended classification does not comply with the criteria set out in points (28) and (55) of Article 2, the Member State concerned shall, having regard to that decision, submit a new notification whose terms comply with those criteria. The Commission shall take a decision on this notification in accordance with paragraph 2.
4. The designated air traffic service providers concerned shall base their draft performance plans for en route and terminal air navigation services on the classifications the Commission has found to be in compliance with the criteria set out in points (28) and (55) of Article 2. The Agency acting as PRB shall base itself on those same classifications when assessing the allocation of costs between en route and terminal air navigation services under Article 13(3).
Article 13
Performance plans and performance targets for en route air navigation services of
designated air traffic service providers
1. The designated air traffic service providers for en route air traffic services shall, for each reference period, adopt draft performance plans in respect of all the en route air navigation services which they provide and, where applicable, procure from other providers.
The draft performance plans shall be adopted after the setting of Union-wide performance targets and before the start of the reference period concerned. They shall contain performance targets for en route air navigation services in the key performance areas of the environment, capacity and cost-efficiency, consistent with the Union-wide performance targets. Those draft performance plans shall take account of the European ATM Master Plan. The draft performance plans shall be made publicly available.
2. The draft performance plans for en route air navigation services referred to in paragraph 1 shall include relevant information provided by the Network Manager. Before adopting those draft plans, designated air traffic service providers shall consult airspace users’ representatives and, where relevant, military authorities, airport operators and airport coordinators. The designated air traffic service providers shall also submit those plans to the national competent authority responsible for their certification, which shall verify the compliance with Regulation (EU) 2018/1139 and the delegated and implementing acts adopted on the basis thereof.
3. Draft performance plans for en route air navigation services shall contain performance targets for en route air navigation services that are consistent with the respective Union-wide
performance targets in all key performance areas and fulfil the additional conditions laid down in the third subparagraph.
Consistency of performance targets for en route air navigation service with Union-wide performance targets shall be established according to the following criteria:
(a) where breakdown values have been established in conjunction with Union-wide performance targets, comparison of the performance targets contained in the draft performance plan with those breakdown values;
(b) evaluation of performance improvements over time, for the reference period covered by the performance plan, and additionally for the overall period comprising both the preceding reference period and the reference period covered by the performance plan;
(c) comparison of the planned level of performance of the air traffic service provider concerned with other air traffic service providers being part of the same benchmark group.
In addition, the draft performance plan must comply with the following conditions:
(a) key assumptions applied as a basis for target setting and measures intended to achieve the targets during the reference period, including baseline values, traffic forecasts and economic assumptions used, must be accurate, adequate and coherent;
(b) the draft performance plan must be complete in terms of data and supporting material;
(c) cost bases for charges must comply with Article 20.
4. The allocation of costs between en route and terminal air navigation services shall be assessed by the Agency acting as PRB on the basis of the methodology referred to in Article 10(3)(k) and the classification of the different services as assessed by the Commission pursuant to Article 12.
5. The draft performance plans for en route air navigation services referred to in paragraph 1, including where relevant the allocation of costs between en route and terminal air navigation services, shall be submitted to the Agency acting as PRB for assessment and approval.
6. In the case of a designated air traffic service provider providing both en route air navigation services and terminal air navigation services, the Agency acting as PRB shall first assess the allocation of costs between the respective services in accordance with paragraph 4.
Where the Agency acting as PRB finds that the allocation of costs does not comply with the methodology or with the classification referred to in paragraph 4, the designated air traffic service provider concerned shall present a new draft performance plan complying with that methodology and with that classification.
Where the Agency acting as PRB finds that the allocation of costs complies with that methodology and with that classification, it shall take a decision to that effect, notifying the designated air traffic service provider and national supervisory authority concerned. The national supervisory authority shall be bound by the conclusions of that decision in respect of the allocation of costs for the purposes of the assessment of the draft performance plan for terminal air navigation services referred to in Article 14.
7. The Agency acting as PRB shall assess the performance targets for en route air navigation services and the performance plans according to the criteria and conditions set out in paragraph 3. Where paragraph 6 applies, this assessment shall take place after a decision on the allocation of costs has been taken in accordance with the fourth subparagraph of paragraph 6.
Where the Agency acting as PRB finds that the draft performance plan meets those criteria and conditions, it shall approve it.
Where the Agency acting as PRB finds that one or several performance targets for en route air navigation services are not consistent with the Union-wide performance targets or the performance plan does not meet the additional conditions set out in paragraph 3, it shall deny the approval.
8. Where the Agency acting as PRB has denied approval of a draft performance plan in accordance with paragraph 7, a revised draft performance plan shall be presented by the designated air traffic service provider concerned, including where necessary revised targets.
9. The Agency acting as PRB shall assess the revised draft performance plan referred to in paragraph 8 in accordance with the criteria and conditions set out in paragraph 3. Where a revised draft performance plan meets those criteria and conditions, the Agency acting as PRB shall approve it.
Where a revised draft performance plan does not meet those criteria and conditions, the Agency acting as PRB shall deny its approval and shall require the designated air traffic service provider to present a final draft performance plan.
Where the revised draft performance plan submitted in accordance with paragraph 8 is denied because it contains performance targets for en route air navigation services that are not consistent with the Union-wide performance targets, the Agency acting as PRB shall establish performance targets in consistency with the Union-wide performance targets for the designated air traffic service provider concerned, taking into account the findings made in the decision referred to in paragraph 7. The final draft performance plan to be presented by the designated air traffic service provider concerned shall include the performance targets thus established by the Agency acting as PRB, as well as the measures to achieve those targets.
Where approval of the revised draft performance plan submitted in accordance with paragraph 8 is denied only because it does not comply with the conditions set out in the third subparagraph of paragraph 3, the final draft performance plan to be presented by the designated air traffic service provider concerned shall include the performance targets contained in the draft performance plan and found to be consistent with the Union-wide performance targets by the Agency acting as PRB, and shall contain the amendments necessary in view of the conditions the Agency acting as PRB has found not being met.
Where approval of the revised draft performance plan submitted in accordance with paragraph 8 is denied because it contains performance targets for en route air navigation services that are not consistent with the Union-wide performance targets and because, in addition, it does not comply with the conditions set out in the third subparagraph of paragraph 3, the final draft performance plan to be presented by the designated air traffic service provider concerned shall include the performance targets established by the Agency acting as PRB in accordance with the third subparagraph and the measures to achieve those targets and shall and shall contain the amendments necessary in view of the conditions the Agency acting as PRB has found not being met.
10. Draft performance plans approved by the Agency acting as PRB shall be adopted by the designated air traffic service providers concerned as definitive plans, and shall be made publicly available.
11. The Agency acting as PRB shall issue regular reports, within the time limits referred to in the implementing acts to be adopted in accordance with Article 18, on the monitoring of performance of en route air navigation services and network functions, including regular assessments of the achievement of the en route Union-wide performance targets and of
performance targets for en route air navigation services for air traffic service providers and making the results of those assessments publicly available.
The designated air traffic service provider shall provide the information and data necessary for the monitoring of the performance of air navigation services. This shall include information and data related to actual costs and revenues. Where performance targets are not reached or the performance plan is not correctly implemented, the Agency acting as PRB shall issue decisions requiring corrective measures to be implemented by the air traffic service providers. These corrective measures may include, where objectively necessary, a requirement for an air traffic service provider to delegate the provision of the relevant services to another air traffic service provider. Where the performance targets continue to be missed, or where the performance plan continues to be incorrectly implemented or where corrective measures imposed are not or not properly applied, the Agency acting as PRB shall conduct an investigation and provide an opinion to the Commission in accordance with Article 24(2). The Commission may take action in accordance with Article 24(3).
Article 14
Performance plans and performance targets for terminal air navigation services of
designated air traffic service providers
1. The designated air traffic service providers for terminal air traffic services shall, for each reference period, adopt draft performance plans in respect of all the terminal air navigation services which they provide and, where applicable, procure from other providers.
The draft performance plans shall be adopted after the setting of Union-wide performance targets and before the start of the reference period concerned. They shall contain performance targets for terminal air navigation services in the key performance areas of environment, capacity and cost-efficiency, consistent with the Union-wide performance targets. Those draft performance plans shall take account of the European ATM Master Plan. The draft performance plans shall be made publicly available.
2. The draft performance plans for terminal air navigation services referred to in paragraph 1 shall include relevant information provided by the Network Manager. Before adopting those draft plans, designated air traffic service providers shall consult airspace users’ representatives and, where relevant, military authorities, airport operators and airport coordinators. The designated air traffic service providers shall also submit those plans to the national competent authority responsible for their certification, which shall verify the compliance with Regulation (EU) 2018/1139 and the delegated and implementing acts adopted on the basis thereof.
3. Draft performance plans for terminal air navigation services shall contain performance targets for terminal air navigation services that are consistent with the respective Union-wide performance targets in all key performance areas and fulfil the additional conditions laid down in the third subparagraph.
Consistency of performance targets for terminal air navigation service with Union-wide performance targets shall be established according to the following criteria:
(a) where breakdown values have been established in conjunction with Union-wide performance targets, comparison of the performance targets contained in the draft performance plan with those breakdown values;
(b) evaluation of performance improvements over time, for the reference period covered by the performance plan, and additionally for the overall period comprising both the preceding reference period and the reference period covered by the performance plan;
(c) comparison of the planned level of performance of the air traffic service provider concerned with other air traffic service providers being part of the same benchmark group.
In addition, the draft performance plan must comply with the following conditions:
(a) key assumptions applied as a basis for target setting and measures intended to achieve the targets during the reference period, including baseline values, traffic forecasts and economic assumptions used, must be accurate, adequate and coherent;
(b) the draft performance plan must be complete in terms of data and supporting material;
(c) cost bases for charges must comply with Article 20.
4. The draft performance plans for terminal air navigation services referred to in paragraph 1, shall be submitted to the national supervisory authority for assessment and approval.
5. In the case of a designated air traffic service provider providing both en route air navigation services and terminal air navigation services, the draft performance plan for terminal air navigation services to be submitted to the national supervisory authority shall be the plan subject to a positive decision on the allocation of costs taken by the Agency acting as PRB in accordance with the third subparagraph of Article 13(6).
6. The national supervisory authority shall assess the performance targets for terminal air navigation services and the performance plans according to the criteria and conditions set out in paragraph 3. Where paragraph 5 applies, the national supervisory authority shall base its assessment on the conclusions of the decision taken by the Agency acting as PRB in respect of the allocation of costs.
Where the national supervisory authority finds that the draft performance plan meets those criteria and conditions, it shall approve it.
Where the national supervisory authority finds that one or several performance targets for terminal air navigation services are not consistent with the Union-wide performance targets or the performance plan does not meet the additional conditions set out in paragraph 3, it shall deny the approval.
7. Where the national supervisory authority has denied approval of a draft performance plan in accordance with paragraph 6, a revised draft performance plan shall be presented by the designated air traffic service provider concerned, including where necessary revised targets.
8. The national supervisory authority shall assess the revised draft performance plan referred to in paragraph 7 in accordance with the criteria and conditions set out in paragraph 3. Where a revised draft performance plan meets those criteria and conditions, the national supervisory authority shall approve it.
Where a revised draft performance plan does not meet those criteria and conditions, the national supervisory authority shall deny its approval and shall require the designated air traffic service provider to present a final draft performance plan.
Where the revised draft performance plan submitted in accordance with paragraph 7 is denied because it contains performance targets for terminal air navigation services that are not consistent with the Union-wide performance targets, the national supervisory authority shall establish performance targets in consistency with the Union-wide performance targets for the designated air traffic service provider concerned, taking into account the findings made in the
decision referred to in paragraph 6. The final draft performance plan to be presented by the designated air traffic service provider concerned shall include the performance targets thus established by the national supervisory authority as well as the measures to achieve those targets.
Where approval of the revised draft performance plan submitted in accordance with paragraph 7 is denied only because it does not comply with the conditions set out in the third subparagraph of paragraph 3, the final draft performance plan to be presented by the designated air traffic service provider concerned shall include the performance targets contained in the draft performance plan and found to be consistent with the Union-wide performance targets by the national supervisory authority, and shall contain the amendments necessary in view of the conditions the national supervisory authority has found not being met.
Where approval of the revised draft performance plan submitted in accordance with paragraph 7 is denied because it contains performance targets for terminal air navigation services that are not consistent with the Union-wide performance targets and because, in addition, it does not comply with the conditions set out in the third subparagraph of paragraph 3, the final draft performance plan to be presented by the designated air traffic service provider concerned shall include the performance targets established by the national supervisory authority in accordance with the third subparagraph and the measures to achieve those targets and shall contain the amendments necessary in view of the conditions the national supervisory authority has found not being met.
9. Draft performance plans approved by the national supervisory authority shall be adopted by the designated air traffic service providers concerned as definitive plans, and shall be made publicly available.
10. The national supervisory authority concerned shall issue regular reports on the monitoring of performance of terminal air navigation services, including regular assessments of the achievement of the performance targets for terminal air navigation services for air traffic service providers and making the results of those assessments publicly available.
The designated air traffic service provider shall provide the information and data necessary for the monitoring of the performance of air navigation services. This shall include information and data related to actual costs and revenues.
Where performance targets are not reached or the performance plan is not correctly implemented, the national supervisory authority shall issue decisions requiring corrective measures to be implemented by the air traffic service providers. These corrective measures may include, where objectively necessary, a requirement for an air traffic service provider to delegate the provision of the relevant services to another air traffic service provider. Where the performance targets continue to be missed, or where the performance plan continues to be incorrectly implemented, or where corrective measures imposed are not or not properly applied, the national supervisory authority shall request the Agency acting as PRB to conduct an investigation in accordance with Article 24(2), and the Commission may take action in accordance with Article 24(3).
11. Member States shall ensure that decisions taken by the national supervisory authority pursuant to this Article are subject to judicial review.
12. Where the Agency acting as PRB carries out the tasks of a national supervisory authority in accordance with Article 3(8), the draft performance plans for terminal air navigation services shall be submitted to the Agency acting as PRB together with the draft performance plans for en route air navigation services. Where the Agency has taken a decision in respect of
the allocation of costs as referred to in the third subparagraph of Article 13(6), this decision shall be binding on it for the purposes of the assessment of the draft performance plans for terminal air navigation services.
Article 15
Role of the Agency acting as PRB as regards the monitoring of Union-wide performance
targets for terminal air navigation services
1. The Agency acting as PRB shall on a regular basis establish a Union-wide overview of the performance of terminal air navigation services and of how it relates to Union-wide performance targets.
2. For the purpose of the preparation of the overview referred to in point 1, the national supervisory authorities shall notify their reports referred to in Article 14(10) to the Agency acting as PRB and shall provide any other information the Agency acting as PRB may request for those purposes.
Article 16
Network Performance Plan
1. The Network Manager shall, for each reference period, draw up a draft Network Performance Plan in respect of all the network functions which it delivers.
The draft Network Performance Plan shall be drawn up after the setting of Union-wide performance targets and before the start of the reference period concerned. It shall contain performance targets in the key performance areas of the environment, capacity and cost-efficiency.
2. The draft Network Performance Plan shall be submitted to the Agency acting as PRB and to the Commission.
The Agency acting as PRB shall, upon request from the Commission, deliver an opinion to the Commission on the draft Network Performance Plan based on the following essential criteria:
(a) consideration of performance improvements over time, for the reference period covered by the performance plan, and additionally for the timeframe comprising both the preceding reference period and the reference period covered by the performance plan;
(b) completeness of the draft Network Performance Plan in terms of data and supporting materials.
Where the Commission finds that the draft Network Performance Plan is complete and shows adequate performance improvements, it shall adopt the draft Network Performance Plan as a definitive plan. Otherwise, the Commission may request the Network Manager to submit a revised draft Network Performance Plan.
Article 17
Revision of performance targets and performance plans during a reference period
1. Where, during a reference period, Union-wide performance targets are no longer adequate, in light of significantly changed circumstances, and where the revision of targets is necessary
and proportionate, the Commission shall revise those Union-wide performance targets. Article 11 shall apply to such decision. Subsequent to such revision, designated air traffic service providers shall adopt new draft performance plans, to which Articles 13 and 14 shall apply. The Network Manager shall draw up a new draft Network Performance Plan, to which Article 16 shall apply.
2. The decision on the revised Union-wide performance targets referred to in paragraph 1 shall include transitional provisions for the time period until the definitive performance plans adopted pursuant to Article 13(6) and Article 14(6) become applicable.
3. Designated air traffic service providers may request permission from the Agency acting as PRB as regards en route air navigation services, or from national supervisory authority concerned as regards terminal air navigation services, to revise one or several performance targets during a reference period. Such a request can be made where alert thresholds are reached, or where the designated air traffic service providers demonstrate that the initial data, assumptions and rationales underpinning the performance targets are to a significant and lasting extent no longer accurate due to circumstances that were unforeseeable at the time of the adoption of the performance plan.
4. The Agency acting as PRB as regards en route air navigation services, or the national supervisory authority concerned as regards terminal air navigation services, shall authorise the designated air traffic service provider concerned to proceed with the intended revision only if it is necessary and proportionate, and where the revised performance targets ensure that consistency with the Union-wide performance targets is maintained. Where the revision has been authorised, designated air traffic service providers shall adopt new draft performance plans, in accordance with the procedures set out in Articles 13 and 14.
Article 18
Implementation of the performance scheme
For the implementation of the performance scheme, the Commission shall adopt detailed requirements and procedures in respect of Articles 10(3), 11, 12, 13, 14, 15, 16 as well as 17, in particular as regards the development of draft performance plans, the setting of performance targets, the criteria and conditions for their assessment, the methodology for allocation of costs between en route and terminal air navigation services, the monitoring of performance and issuance of corrective measures, and the timetables for all procedures. Those requirements and procedures shall be set out in an implementing act adopted in accordance with the advisory procedure referred to in Article 37(2).
* 1070/2009 Art. 1.
(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 of Community -wide performance targets that shall be defined taking into consideration inputs identified at national level or at the level of functional airspace blocks;
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:
(c) criteria for the setting up by the national supervisory authorities of the national or functional airspace block performance plans, containing the 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 performance targets consistent with the Community performance targets; (d) assessment of the national or functional airspace block performance targets on the basis of the national or functional airspace block plan; and
(e) monitoring of the national or functional airspace block performance plans, including appropriate alert mechanisms.; (d) criteria assess whether the national or functional airspace block targets are consistent with the Community -wide performance targets during the reference period and to support alert mechanisms;
(e) general principles for the setting up by Member States of the incentive scheme;
(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 implementing rules.;
(b) the reference periods and intervals for the assessment of the achievement of performance targets and the setting of new targets;
(a) the content and timetables of the procedures referred to in paragraph 4;
* 1070/2009 Art. 1.5
5. The establishment of the performance scheme shall take into account that en route services, terminal services and network functions are different and should be treated accordingly, if necessary also for performance-measuring purposes.
* 550/2004 (adapted)
CHAPTER III CHARGINGSCHEMES
* 1070/2009 Art. 2.8
Article 14
General
In accordance with the requirements of Articles 15 and 16, 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 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.
* 1070/2009 Art. 2.9 (adapted)
Aticle 1915 Pr in cip les E/ for the charging scheme nS
.Q,
1. Without prejudice to the possibility for Member States to finance the provision of air traffic services covered in this Article through public funds, charges for air navigation services shall be determined, imposed and enforced on airspace users.
2. Charges shall be based on the costs of air traffic service providers in respect of services and functions delivered for the benefit of airspace users over fixed reference periods as defined in Article 10(2). Those costs may include a reasonable return on assets to contribute towards necessary capital improvements.
3. 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.
4. Revenues from charges imposed on airspace users may result in financial surpluses or losses for air traffic service providers due to the application of the incentive schemes referred
new
to in point (h) of Article 10(3) and the risk sharing mechanisms referred to in point (i) of Article 10(3).
5. Revenues from charges imposed on airspace users in accordance with this Article shall not be used to finance services which are provided under market conditions in accordance with Article 8.
6. Financial data on determined costs, actual costs and revenues of designated air traffic service providers shall be reported to national supervisory authorities and the Agency acting as PRB and shall be made publicly available.
Article 20
Cost bases for charges
1. The cost bases for charges for en route air navigation services and charges for terminal air navigation services shall consist of the determined costs related to the provision of those services in the en route charging zone and terminal charging zone concerned, as established in the performance plans adopted in accordance with Articles 13 and 14.
2. The determined costs referred to in paragraph 1 shall include the costs of relevant facilities and services, appropriate amounts for interest on capital investment and depreciation of assets, as well as the costs of maintenance, operation, management and administration.
3. The determined costs referred to in paragraph 1 shall also include the following costs:
(a) costs incurred by the air traffic service providers for fees and charges paid to the Agency acting as PRB;
(b) costs or parts thereof incurred by the air traffic service providers, in relation to their oversight and certification by national supervisory authorities, unless other financial resources are used by Member States to cover such costs;
(c) costs incurred by the air traffic service providers in relation to the provision of air navigation services and network functions, including the tasks entrusted to the Network Manager, unless other financial resources are used by Member States to cover such costs.
4. Determined costs shall not include the costs of penalties imposed by Member States referred to in Article 42 nor the costs of any corrective measures referred to in Article 13(11) and Article 14(10).
5. Cross-subsidy shall not be allowed between en route air navigation services and terminal air navigation services. Costs that pertain to both en route air navigation services and terminal air navigation services shall be allocated in a proportional way between en route air navigation services and terminal air navigation services on the basis of a transparent methodology. Cross-subsidy shall be allowed between different air navigation services in either one of those two categories only when justified for objective reasons, subject to transparent identification in accordance with Article 25(3).
6. Designated air traffic service providers shall provide details of their cost base to the Agency acting as PRB, the national supervisory authorities, and the Commission. To this end, costs shall be broken down in line with the separation of accounts referred to in Article 25(3), and by distinguishing staff costs, operating costs other than staff costs, depreciation costs, cost of capital, costs incurred for fees and charges paid to the Agency acting as PRB, and exceptional costs.
Article 21
Setting of unit rates
1. Unit rates shall be set per calendar year and for each charging zone, on the basis of the determined costs and the traffic forecasts established in the performance plans as well as applicable adjustments deriving from previous years and other revenues.
2. Unit rates shall be set by the national supervisory authorities, after verification by the Agency acting as PRB that they comply with Article 19, Article 20 and with this Article. Where the Agency acting as PRB finds that a unit rate does not fulfill those requirements, the unit rate shall be reviewed accordingly by the national supervisory authority concerned. Where a unit rate continues to not fulfill those requirements, the Agency acting as PRB shall conduct an investigation and provide an opinion to the Commission in accordance with Article 24(2), and the Commission may take action in accordance with Article 24(3).
For charging purposes, and when congestion causes significant network problems including deterioration of environmental performance, the Commission may define, by way of an Implementing Regulation adopted in accordance with the examination procedure referred to in Article 37(3), a common unit rate for en route air navigation services across the Single European Sky airspace, and detailed rules and procedures for its application. The common unit rate referred to in the first subparagraph shall be calculated on the basis of a weighted average of the different unit rates of the air navigation service providers concerned. The proceeds of the common unit rate shall be reallocated so as to achieve revenue neutrality for those air traffic service providers concerned.
Article 22
Establishment of charges
1. Charges shall be levied on airspace users for the provision of air navigation services, under non-discriminatory conditions, taking into account the relative productive capacities of the different aircraft types concerned. When 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.
2. The charge for en route air navigation services for a given flight in a given en route charging zone shall be calculated on the basis of the unit rate established for that en route charging zone and the en route service units for that flight. The charge shall be made out of one or more variable components, each based on objective factors.
3. The charge for terminal air navigation services for a given flight in a given terminal charging zone shall be calculated on the basis of the unit rate established for that terminal charging zone and the terminal service units for that flight. For the purpose of calculating the charge for terminal air navigation services, the approach and departure of a flight shall count as a single flight. The charge shall be made out of one or more variable components, each based on objective factors.
4. Exemption of certain airspace users from air navigation charges, especially light aircraft and State aircraft, may be permitted, provided that the cost of such exemption is covered by other resources and is not passed on to other airspace users.
5. Charges shall be modulated to encourage air navigation service providers, airports and airspace users to support improvements in environmental performance, or service quality such
as increased use of sustainable alternative fuels, increased capacity, reduced delays and sustainable development, while maintaining an optimum safety level, in particular for implementing the European ATM Master Plan. The modulation shall consist of financial advantages or disadvantages and shall be revenue neutral for air traffic service providers.
Article 23
Implementation of the charging scheme
For the implementation of the charging scheme, the Commission shall adopt detailed requirements and procedures in respect of Articles 19, 20, 21 and 22 in particular regarding the cost bases and determined costs, the setting of unit rates, the incentives schemes and risk sharing mechanisms and the modulation of charges. Those requirements and procedures shall be set out in an implementing act adopted in accordance with the advisory procedure referred to in Article 37(2).
* 1070/2009 Art. 2.9
(a) the 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,. 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 of the framework Regulation, or during the reference period, following appropriate adjustments applying the alert mechanisms set out in Article 11 of the framework Regulation:
(b) the 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 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 according to Article 9 of the framework Regulation nor the costs of any corrective measures imposed by Member States according to Article 11 of the framework Regulation;
(c) in 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;.
(d) the cost of different air navigation services shall be identified separately, as provided for in Article 12(3) ;
(e) cross-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 navigation services in either one of those two categories only when justified for objective reasons, subject to clear identification.
(f) transparency 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.
3. Member States shall comply with the following principles when setting charges in accordance with paragraph 2:
(a) charges shall be set for the availability of air navigation services under non-discriminatory conditions. When 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, 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, 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.
4. The Commission shall adopt detailed implementing rules for this Article in accordance with the regulatory procedure referred to in Article 5(3) of the framework Regulation.
* 1070/2009 Art. 2.11
Article 15
Review of compliance
1. The Commission shall provide for the ongoing review of compliance with the principles and rules referred to in Articles 14 and 15, acting in cooperation with theMember 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. Without prejudice to Article 18(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, and after consulting the Single Sky Committee in accordance with the advisory procedure referred to in Article 5(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 cision to the Council within one month. The Council, acting by a qualified
y, may take a different decision within a period of one
,n,
Article 24
Review of compliance with the performance and charging schemes
1. The Commission shall regularly review the compliance with Articles 10 to 17 and 19 to 22 and the implementing acts referred to in Articles 18 and 23, by the air traffic service providers and the Member States, as the case may be. The Commission shall act in consultation with the Agency acting as PRB and with national supervisory authorities.
2. At the request of one or more Member States, of a national supervisory authority or of the Commission, the Agency acting as PRB shall carry out an investigation into any allegation of non-compliance as referred to in paragraph 1. Where it has indications of such non-compliance, the Agency acting as PRB may initiate an investigation on its own initiative. It shall conclude the investigation within four months of receipt of a request, after having heard the Member State, the national supervisory authority concerned and the designated air traffic service provider concerned. Without prejudice to Article 41(1), the Agency acting as PRB shall share the results of the investigation with the Member States concerned, the air traffic service providers concerned and the Commission.
3. The Commission may issue an opinion on whether Articles 10 to 17 and 19 to 22 and the implementing acts referred to in Articles 18 and 23 have been complied with by Member States and/or air traffic service providers and shall notify this opinion to the Member State or Member States and the air traffic service provider concerned.
* 550/2004 (adapted) ^ ne w
Aticle 2512
T ransparency of accounts E/ of air navigation service providers nS
1. Air navigation service providers, wh atever E? independently of \3 their system of ownership or legal for m B? structures nS , shall ^ annually ^ draw up, subm it to audit and publish their financial accounts. These accounts shall comply with the international
new
Community E> Union <3. Where,
accounting standards adopted by the Comm un ity Union Where, owing to the legal
status of the E/ air navigation nS service provider, full compliance with the international accounting standards is not possible, the provider shall endea vour to achieve such compliance to the maximum possible extent. 2. In all cases, Aair navigation service providers shall publish an annual report and regularly undergo an independent audit E/ for the accounts referred to in this paragraph nS .
$,
2. National supervisory authorities and the Agency acting as PRB shall have the right to access the accounts of the air navigation service providers under their supervision. Member States may decide to grant access to these accounts to other supervisory authorities.
* 1070/2009 Art. 2.7 (adapted) ^ ne w
3. When providing a bundle of services, Aair navigation service providers shall ■=> , in their internal accounting, keep separate accounts for each air navigation service ^ identif y a nd disclose the costs and income deriving from air navigation services, broken down in
accordance with the chrging scheme for air navigation services referred to in Article 14 and,
where appropriate, shall keep c onsol idate d a c c ou nts for other, non air navigation services, as they would be required to do if the E/ these nS services in questi on were pr ovided E/ carried out nS by separate underta kings ^ with a view to avoiding discrimination, cross-subsidisation and distortion of competition. An air navigation service provider shall also keep separate accounts for each activity where: ^
Q
| (a) | it | provides | air | navigation | services | procured in | accordance | with | Article | 8(1) | and | air | |
| navigation services | not | covered by | that provision; | ||||||||||
| (b) | it | provides | air | navigation | services | and carries | out | other | activities, of whatever | kind, |
including common information services;
(c) it provides air navigation services in the Union and in third countries.
The determined costs, actual costs and revenues deriving from air navigation services shall be broken down into staff costs, operating costs other than staff costs, depreciation costs, cost of capital, costs incurred for fees and charges paid to Agency acting as PRB, and exceptional costs and they shall be made publicly available, subject to the protection of confidential information.
4. The financial data on costs and revenues reported in accordance with Article 19(6) and other information relevant for the calculation of unit rates shall be audited or verified by the national supervisory authority or an entity independent of the air navigation service provider concerned and approved by the national supervisory authority. The conclusions of the audit shall be made publicly available.
new
new
* 550/2004
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 standards52 to air navigation service providers that fall within the scope of that regulation.
* 1070/2009 Art. 2.5
Article 9a Functional airspace blocks
1. By 4 December 2012, Member States shall take all necessary measures in order to ensure the implementation of functional airspace blocks with a view to achieving the required capacity and efficiency of the air traffic management network within the Single European Sky and maintaining a high level of safety and contributing to the overall performance of the air transport system and reduced environmental impact.
3. Member States 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 provision. Where relevant, cooperation may also include third countries taking part in functional airspace blocks.
2. Functional airspace blocks shall, in particular:
(a) be supported by a safety case; (b) enable optimum use of airspace, taking into account air traffic flows;
(c) ensure consistency with the European route network established in accordance with Article 6 of the airspace Regulation;
(d) be justified by their overall added value, including optimal use of technical and human resources, on the basis of cost-benefit analyses;
(e) ensure a smooth and flexible transfer of responsibility for air traffic control between air traffic service units;
(f) ensure compatibility between the different airspace configurations, optimising, inter alia, the current flight information regions;
(g) comply with conditions stemming from regional agreements concluded within the ICAO;
(h) respect regional agreements in existence on the date of entry into force of this Regulation, in particular those involving European third countries; and
52
OJ L 243, 11.9.2002,
(i) facilitate consistency with Community-wide performance targets.
3. A functional airspace block shall only be established by mutual agreement between all the Member States and, where appropriate, third countries who have responsibility for any part of the airspace included in the functional airspace block.
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.
5. 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.
6. After having received the notifications by Member States of the agreements and declarations referred to in paragraphs 3 and 4 the Commission shall assess the fulfilment by each functional airspace block of the requirements set out in paragraph 2 and present the results to the 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.
8. Guidance material for the establishment and modification of functional airspace blocks shall be developed by 4 December 2010 in accordance with the advisory procedure referred to in Article 5(2) of the framework Regulation.
9. l The Commission shall, by 4 December 2011 and in accordance with the examination regulatory procedure referred to in Article 5(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.
Article 9b
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.
CHAPTER IV E> NETWORK MANAGEMENTS
Article 266
Network E/ fu n ctions nS mana g e ment and desi g n
1. The air traffic management (A TM) network functions shall allow optimum ^ ensure the sustainable and efficient ^ use of the airspace ^ and of scarce resources. ^ and E/ They shall also nS ensure that airspace users can operate pr ef err ed ^ environmentally optimal ^ trajectories, while allowing maximum access to airspace and air navigation services. Those network functions ^ , enumerated in paragraphs 2 and 3, ^ shall ^ support the achievement of the Union-wide performance targets and shall be based on operational requirements ^ be aimed at supporting initiates at national level and at the level of functional airspace blocks
and shall be executed in a manner wwwwww respects the separation of regulatory and operational
tasks.
2. In order to achieve the objectives referred to in paragraph 1 and without pr ejudi c e to the responsibilities of the Member States with regard to national routes and airspace structures,
following E/ network nS functions E/ referred to in
the Commission shall ensure that Tthe paragraph 1 nS nclude the followingcar ried out:
(a) the design ^ and management ^ of the European route network ^ airspace structures^ ;
■=> (b) air traffic flow management; <=■
(cb) the 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.
3. The network functions referred to in paragraph 1 also include the following:
(a) optimisation of airspace design for the network and facilitation of delegation of air traffic services provision through co-operation with the air traffic service providers and Member State authorities;
(b) management of the delivery of air traffic control capacity in the network as set out in the binding Network Operations Plan (NOP);
of network crisis.
(c) function for coordination and support in case
(d) air traffic flow and capacity management;
(e) the management of the planning, monitoring and coordination of implementation activities of the deployment of infrastructure in the European ATM network, in accordance with the European ATM Master Plan, taking into account operational needs and associated operational procedures;
(f) the monitoring of the functioning of the European ATM network infrastructure.
* 1070/2009 Art. 3.6
4. The functions listed in the first this subparagraph paragraphs 2 and 3 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.
$
5. The Commission shall be empowered to adopt delegated acts in accordance with Article 36 to amend this Regulation in order to add functions to the ones listed in paragraphs 2 and 3, where necessary for the functioning and performance of the network.
* 1070/2009 Art. 3.6 (adapted)
Article 27 L2>The Network Manager O
.Q,
1. In order to achieve the objectives referred to in Article 26, the Commission, supported by the Agency where relevant, shall ensure that the Network Manager contributes to the execution of the network functions set out in Article 26, by carrying out the tasks referred to in paragraph 4 .
2. The Commission may, after consultation of the Single Sky Commmmmmm and in conformity
with the implementing rules referred to in paragraph 4, entrust to E> appoint <S] Eurocontrol, or another impartial and competent body, O to carry out ^ the tasks necessar y for the execution of the functions listed in the fir st subpa ra g ra ph ■=> of the Network Manager ^ . To this end, the Commission shall adopt an implementing act in accordance with the examination procedure referred to in Article 37(3). This appointment Decision shall include the terms and conditions of the appointment, including the financing of the Network Manager.
3. O The tasks of the Network Manager ^ Theose tasks shall be executed in an *-$ independent, ^ impartial and cost eff ecti ve ^ efficient ^ manner and perfor med on behalf on Member States and stakeholders. They shall be subject to appropriate governance, which recog nises E/ shall recognise nS the separate accountabilities for service provision and regulation ^ where the competent body designated as the Network Manager also has
^r2 ^ I n the execution of its tasks, the Network Manager shall take ^
regulatory functions.
taking into consideration the needs of the whole ATM network and with the full shall fully
ATM network and with the full ^
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involve ^ invol ve ment o the airspace users, and air navigation service providers ^ aerodrome operators and the military. ^
$,
4. The Network Manager shall contribute to the execution of the network functions through support measures aimed at safe and efficient planning and operations of the network under normal and crisis conditions and through measures aimed at the continuous improvement of network operations in the Single European Sky and the overall performance of the network, especially regarding the implementation of the performance scheme. The action taken by the Network Manager shall take account of the need to fully integrate the airports in the network.
5. The Network Manager shall cooperate closely with the Agency acting as PRB in order to ensure that the performance targets referred to in Article 10 are adequately reflected in the capacity to be delivered by individual air navigation service providers and agreed between the Network Manager and those air navigation service providers in the Network Operations Plan.
6. The Network Manager shall:
(a) decide on individual measures to implement the network functions and to support the
effective implementation of the binding Network Operations Plan and the achievement of the binding performance targets;
(b) advise the Commission and provide relevant information to the Agency acting as PRB on
the deployment of the ATM network infrastructure in accordance with the European ATM Master Plan, in particular to identify investments necessary for the network.
7. The Network Manager shall take decisions through a cooperative decision-making process. Parties to the cooperative decision-making process shall act to the maximum extent possible with a view to improving the functioning and performance of the network. The cooperative decision-making process shall promote the interest of the network.
* 1070/2009 Art. 3.6
3. The Commission may add to the list of the functions in paragraph 2 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 5(4) of the framework Regulation.
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8. By way of implementing acts adopted in accordance with the examination procedure referred to in Article 37(3), the Commission shall establish detailed rules for the execution of the network functions, the tasks of the Network Manager, governance mechanisms including decision-making processes and crisis management.
* 1070/2009 Art. 3.6
4. Detailed rules for the implementation of the measures referred to in this Article, except for those referred to in paragraphs 6 to 9, 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:
(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 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;
(e) arrangements for consultation of the relevant stakeholders in the decision-making process both at national and European levels; and
(f) 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 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.
9. Aspects of design of airspace structures other than those referred to in paragraphs 2 and 3 of Article 26 shall be addressed by Member States. In this regard, Member States shall take into account air traffic demands, seasonality and complexity of air traffic and of performance plans. Before deciding on those aspects, they shall consult airspace users concerned or groups representing such airspace users and military authorities as appropriate.
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* 1070/2009 Art. 3.6
5. Aspects of airspace design other than those referred to in paragraph 2 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.
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
– 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.
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Article 28
Transparency of accounts of the Network Manager
1. The Network Manager shall draw up, submit to and publish its financial accounts. Those accounts shall comply with the international accounting standards adopted by the Union. Where, due to the legal status of the Network Manager, full compliance with the international accounting standards is not possible, the Network Manager shall achieve such compliance to the maximum possible extent.
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2. The Network Manager shall publish an annual report and regularly undergo an independent audit.
* 550/2004
Article 10 Relations between service providers
1. Air navigation service providers may avail themselves of the services of other service providers that have been certified in the Community.
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 29
Relations with stakeholders
The air traffic service providers shall establish consultation mechanisms to consult the relevant airspace users and aerodrome operators on all major issues related to services provided, including relevant changes to airspace configurations, or strategic investments which have a relevant impact on air traffic management and air navigation service provision and/or charges. 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 37 (3).
* 1070/2009 Art. 2.6 (adapted)
[=>
Article 3011
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
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equivalent legal arrangements are established or renewed in respect of the management of specific airspace blocks ^ and notify the Commission thereof ^ .
* 550/2004
Article 13 - 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 air navigation service providers, airspace users and airports on a non-discriminatory basis.3. Certified 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. Detailed rules relating to such conditions shall be established, where appropriate, in accordance with the procedure referred to in Article 5(3) of the framework Regulation.
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Article 31
Availability of and access to operational data for general air traffic
1. With regard to general air traffic, relevant operational data shall be made available in realtime, on a non-discriminatory basis and without prejudice to security or defence policy interests, by all air navigation service providers, airspace users, airports, and the Network Manager, including on cross-border basis and on a Union-wide basis. Such availability shall be to the benefit of certified or declared air traffic service providers, entities having a proven interest in considering the provision of air navigation services, airspace users and airports as well as the Network Manager. The data shall be used only for operational purposes.
2. Prices for the service referred to in paragraph 1 shall be based on the marginal cost of making the data available.
3. Access to relevant operational data as referred to in paragraph 1 shall be granted to the authorities in charge of safety oversight, performance oversight and network oversight, including the Agency.
4. The Commission may lay down the detailed requirements for the making available of and the access to data in accordance with paragraphs 1 and 3 and the methodology to set the prices as referred to in paragraph 2. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 37(3).
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* 551/2004 (adapted)
CHAPTER IIV
AIRSPACE ARCHITECTURES, INTEROPERABILITY AND TECHNOLOGICAL INNOVATION <E\
* 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.
^ 1070/2009 Art. 3.3
^ ne w
Aticle 323a
Electronic aeronautical information
Without prejudice to the publication by Member States of aeronautical information and in a manner consistent with that publication, the Network Manager, in cooperation with Eurocontrol ^ the Commission ^ , shall establish a Union-wide aeronautical information infrastructure to further the availability of electronic aeronautical information of high quality, presented in an easily accessible way and serving the requirements of all relevant users in terms of data quality and timeliness. ^ The aeronautical information thus made available shall only be the information that complies with the essential requirements set out in point 2.1 of Annex VIII of Regulation (EU) 2018/1139. ^
2. For the purpose of paragraph 1, the Commmmmmion sha ll:
(a) ensure the development of a Community 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 for this Article in accordance with the regulatory procedure referred to in Article 5(3) of the framework Regulation.
* 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.
* 551/2004 (adapted)
CHAPTER III FLEXIBLEUSEOFAIRSPACEINTHESINGLEEUROPEANSKY
* 551/2004 (adapted) ^ ne w
Flexible use of airspace
1. Taking into account the organisation of military aspects under their responsibility, Member States shall ensure the u n ifor m application within the single European sky of the concept of the flexible use of airspace as described by the I CAO and as developed by Eurocontrol, in order to facilitate airspace management and air traffic management in the context of the common transport policy ^ and in consistency with the European AT M Master Plan ^ .
2. Member State s 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, E/the Commission shall adopt measures nS im plementing ru es within the context of the common transport policy. E/ Those implementing acts nS shall be adopted in accordance with the E/ examination nS procedure under E> referred to in <S] Arti cle 8 37(3)of the fr a m ew o rk Regulation.
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Article 34
SESAR coordination
The entities in charge of tasks established in Union law in the areas of coordination of the SESAR definition phase, the SESAR development phase and the SESAR deployment phase, as the case may be, shall cooperate to ensure effective coordination between those three phases so as to achieve a seamless and timely transition between them.
All relevant civil and military stakeholders shall be involved to the widest possible extent.
* 1070/2009 Art. 2.10
Article 15a
Common projects
1. Common projects may assist the successful implementation of the ATM Master Plan. Such 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.
2. The Commission may, in accordance with the regulatory procedure referred to in Article 5(3) of the framework Regulation, 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 projects concerning functional airspace blocks as agreed upon by the parties of those blocks.
3. The Commission may also decide, in accordance with the regulatory procedure referred to in Article 5(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 common projects may be considered eligible for Community 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 10 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.
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Article 35
Common projects
1. The Commission may set up common projects for implementing the essential operational changes identified in the European ATM Master Plan having a network-wide impact.
2. The Commission may also establish governance mechanisms for common projects and their implementation.
3. Common projects may be eligible for Union funding. 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 10, exploring all appropriate means for financing the implementation thereof.
4. The Commission shall establish the common projects and governance mechanisms referred to in paragraphs 1 and 2 through implementing acts adopted in accordance with the
examination procedure referred to in Article 37(3).
* 551/2004
Article 8
Temporary suspension
1. In cases where the application of Article 7 gives rise to significant operational difficulties, Member States may temporarily suspend such application on condition that they inform without delay the Commission and the other Member States thereof.
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
CHAPTER IVVI FINAL PROVISIONS
* 1070/2009 Art. 2.11
Article 17 Revision of Annexes
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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.
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Article 36
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 Articles 6 and 26 shall be conferred on the Commission for a period of seven years from [the date of the publication of this Regulation]. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.
3. The delegation of power referred to in Articles 6 and 26 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. Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making. 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 Articles 6 and 26 shall 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.
* 549/2004 (adapted) ^ ne w
Article 37 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
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of the inte rests of all categories of users. ^ The Comm ittee shall be a comm ittee withi n the meaning of Regulation (EU) No 182/2011. ^
2. Where reference is made to this paragraph, Articles 3 and 7 ^ 4^ of Decision 1999/468/EC ■=> Regulation (EU) No 182/2011 ^ 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 ■=> Regulation (EU) No 182/2011 ^ 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.
* 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.
* 1070/2009 Art. 1.5 (adapted)
Aticle 3810 E> Consultation of stak e h old e r s <E]
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1. Member States, national supervisory authorities, the Agency whether or not it is acting as PRB and the Network Manager shall establish consultation mechanisms for appropriate consultation of stakeholders for the exercise of their tasks in the implementation of this Regulation.
^ 1070/2009 Art. 1.5 (adapted) ^ ne w
2. The Commission shall establish such a consultation mechanism at Community E/ Union nS level O to consult on matters related to the implementation of this Regulation where appropriate ^. The specific Sectoral Dialogue Committee set up under \E> Commission O Decision 98/500/EC shall be involved in the consultation. 3. Co nsul tation of stakeholders shall cover, in particular, the development and introduction of new concepts and technologies in the EATMN. ^ For the purpose of point (e) of paragraph 3, when consultation relating to military aspects is required, the Commission shall, in addition to Member States, consult the European Defence Agency and other competent military experts designated by the Member States. <=■
3. The stakeholders may include:
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(a)
air navigation service providers ^ or relevant groups representing them V11 ;,
(b)
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the Network Manager;
(c) (d) (e) (f) (g)
^ 1070/2009 Art. 1.5 (adapted)
[=>
airport operators ^ or relevant groups representing them ^
;,
relevant airspace users or relevant groups representing E/ them; nS airspace user s,
[S> the O military authorities;,
E/ the nS manufacturing industry; and,
professional staf f re p rese ntative bodies;
(h)
relevant non-governmental organisations.
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^ 1070/2009 Art. 1.5 (adapted)
Article 6 Industry consultation body
Without prejudice to the role of the Committee and of an ‘industry consultation body’, to
the Commission shall on service providers,
associations of airspace
airport
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 single European sky.
Article 397
Relations with European third countries
* 1070/2009 Art. 1.5 (adapted)
[=>
The Community E> Union O and its Membe r States shall aim at a nd 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 c onte x t of a g r ee m ents on functional airspace blocks , to
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extend the application of this Regulation, and of the measures referred to in Article 3,
E/ Single European Sky nS to those countries. ^ In addition, they shall endeavour to cooperate with those countries either in the context of agreements on network functions, or in the framework of the Agreement between the Union and Eurocontrol providing a general
framework for enhanced cooperation, reinforcing the ‘pan European dimension’ of ATM. ^
* 1070/2009 Art. 1.5
Article 8 - Implementing rules
1. For the development of implementing rules the Commission may issue mandates to Eurocontrol or, where appropriate, to another body, 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.
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Article 40 - Support by other bodies
The Commission may request support from other bodies for the fulfilment of its tasks under this Regulation.* 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.
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* 550/2004 (adapted)
CHAPTER IV
FINAL PROVISIONS
* 1070/2009 Art. 2.11 (adapted) ^ ne w
Aticle 4118
Confidentiality
1. Neither the national supervisory authorities, acting in accordance with their national legislation, nor the Commission ^ , nor the Agency, whether or not it is acting as PRB, nor the Network Manager ^ 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 ^ or the Agency acting as PRB ^ 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 bus ness secr ets E/ commercially sensitive information nS .
3. Information and data provided pursuant to the charging scheme ^ laid down in Articles 19 to 24, in particular as regards determined costs, actual costs and revenues of designated air traffic service providers ^ ref err ed to in Ar ticle 1 4 shall be publicly disclosed.
* 1070/2009 Art. 1.5 (adapted) ^ ne w
Article 42 - 9 Penalties
The penalties that Member States shall lay down \S> rules on penalties applicable to <S] for infringements of this Regulation and of the meas ur es r eferr e d to in Article 3 | delegated and implementing acts adopted on the basis thereof ^ in particular by airspace users ^ , airport operators ^ and E/ air navigation nS service providers ^ , and shall take all measures necessary to ensure that they are implemented. The penalties provided for ^ shall be effective, proportionate and dissuasive.* 549/2004
Article 12 - Supervision, monitoring 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.* 1070/2009 Art. 1.6(a)
2. 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(3)(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.
* 549/2004
3. For the purposes of drafting the reports referred to in paragraph 2, the Commission shall request the opinion of the Committee.
* 1070/2009 Art. 1.6(b)
4. 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.
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Article 43 - Evaluation
1. The Commission shall conduct an evaluation to assess the application of this Regulation by 2030. When justified for this purpose, the Commission may request from the Member States information relevant to the application of this Regulation.2. The Commission shall forward its findings to the European Parliament and to the Council. The findings of the evaluation shall be made public.
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* 1070/2009 Art. 2.12 (adapted)
Article 18a
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.
^ 551/2004 (adapted)
CHAPTER IV FINALPROVISIONS
Article 10
Review
In the context of the periodical review referred to in Article 12(2) of the framework Regulation, the Commission shall finalise a prospective study on the conditions for future application of the concepts referred to in Articles 3, 5 and 6 to lower airspace.
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.
* 549/2004 (adapted)
Article 44 - 13 Safeguards
This Regulation shall not prevent the application of measures by a Member State to the extent to which E/ that nS these are needed to safeguard essential security or defence policy interests. Such measures are in pa rticula r those which are imperative:(e) 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;
(f) in the event of serious internal disturbances affecting the maintenance of law and order;
(g) in the event of war or serious international tension constituting a threat of war;
(h) for the fulfilment of a Member State's international obligations in relation to the maintenance of peace and international security;
(i) in order to conduct military operations and training, including the necessary
possibilities for exercises.
* 1070/2009 Art. 1.7
Article 13a European Aviation Safety Agency
When implementing this Regulation and Regulations (EC) No
(EC) No
(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 Agency53, Member States and the Commiss
mmission, in accordance with their respective roles as provided for by this Regulation, shall coordinate as appropriate with the European Aviation Safety Agency to ensure that all safety aspects are properly
addressed.
Article 45
Repeal
Regulations (EC) Nos 549/2004, 550/2004 and 551/2004 are repealed.
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.
* 550/2004 (adapted)
Article 4619
Entry into force E/ and application nS
1. This Regulation shall enter into force on the 20th E/ twentieth nS day following that of its publication in the Offi cial Journal of the European Union.
53
OJ L 79, 19.3.2008,
, Articles 7 and 8 shall enter into force one year after publication of the common s, as referred to in Article 6, in the Official Journal of the European Union.
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2. Article 3(3) shall apply from [OP please insert the date - 48 months after the entry into force of this Regulation].
Articles 10 to 24 shall apply as from 1 July 2023. However, Article 11 of Regulation (EC) No 549/2004 and Article 15 of Regulation (EC) No 550/2004, and the implementing acts adopted on the basis thereof, shall continue to apply for the purposes of the implementation of the performance and charging schemes pertaining to the third reference period.
Article 26(3) and Article 32 shall apply to the Network Manager from the day on which an appointment decision, adopted in accordance with Article 27(2) after the entry into force of this Regulation and encompassing those provisions, becomes applicable.
* 550/2004
This Regulation shall be binding in its entirety and directly applicable in all Member States.