Air Services

Framework for creation of the single European sky (SES)

Regulation (EC) No 549/2004 laying down the framework for the creation of the single European sky (the framework Regulation)

It is part of a package of legislation on air traffic management designed to establish a single European sky to ensure the optimal use of European airspace to meet the requirements of all airspace users.
This regulation aims to:
improve current safety standards and overall efficiency for general air traffic in Europe;
optimise capacity; and
minimise delays.
The regulation was amended by Regulation (EC) No 1070/2009 in view of the plan to extend the responsibilities of the European Union Aviation Safety Agency to include air traffic management safety. This amendment permits the European Commission to update legislation in line with to technical or operational developments, as well as to lay down the basic criteria and procedures for using certain network management functions.

National supervisory authorities

EU countries must, jointly or individually, nominate or establish one or more bodies as their national supervisory authorities to perform the tasks assigned to such authorities by the regulation.
These authorities must be independent of air navigation service providers.
Single Sky Committee

A Single Sky Committee is set up to assist the Commission with managing the single European sky and to ensure that due account is taken of the interests of all categories of users.
It consists of 2 representatives of each EU country and is chaired by a representative of the Commission.

Implementing rules

Eurocontrol is involved in the development of implementing rules which fall within its remit, on the basis of mandates agreed by the Single Sky Committee.

Performance review

The regulation introduces a performance review mechanism for air navigation services and network functions. This includes:

EU-wide performance targets on the key performance areas of safety, the environment, capacity and cost-efficiency;
national plans or plans for functional airspace blocks* ensuring consistency with the EU-wide targets; and
periodic review, monitoring and benchmarking of the performance of air navigation services and network functions.

Commission Implementing Regulation (EU) 2019/317 lays down the rules for operating the performance scheme for air navigation services and network functions, and those relating to the charging scheme referred to in Regulation (EC) No 550/2004 on air navigation services — see summary.

Safeguards

This regulation does not prevent EU countries from applying measures needed to safeguard essential security or defence policy interests.

BACKGROUND

The first ‘Single European sky’ package consists of this framework regulation plus 3 technical regulations on the provision of air navigation services (Regulation (EC) No 550/2004), organisation and use of the airspace (Regulation (EC) No 551/2004) and the interoperability of the European air traffic management network (now under Regulation (EU) 2018/1139 or other related delegated or implementing regulations which repealed and replaced Regulation (EC) No 552/2004). These regulations are designed, in particular, to improve and reinforce safety and to reorganise the airspace on the basis of traffic instead of national borders.

It has applied since 20 April 2004.

Single European Sky (European Commission)

Functional airspace block: an airspace block based on operational requirements rather than national borders, where air navigation and related services are performance-driven and optimised in order to introduce, in each functional airspace block, enhanced cooperation among air navigation service providers or, where appropriate, an integrated provider.
Regulation (EC) No 549/2004 of the European Parliament and of the Council of 10 March 2004 laying down the framework for the creation of the single European sky (the framework Regulation) (OJ L 96, 31.3.2004, pp. 1-9)

Successive amendments to Regulation (EC) No 549/2004 have been incorporated into the original text. This consolidated version is of documentary value only.

DOCUMENTS

Commission Implementing Decision (EU) 2019/903 of 29 May 2019 setting the Union-wide performance targets for the air traffic management network for the third reference period starting on 1 January 2020 and ending on 31 December 2024 (OJ L 144, 3.6.2019, pp. 49-55)

Commission Implementing Regulation (EU) 2019/317 of 11 February 2019 laying down a performance and charging scheme in the single European sky and repealing Implementing Regulations (EU) No 390/2013 and (EU) No 391/2013 (OJ L 56, 25.2.2019, pp. 1-67)

Regulation (EU) 2018/1139 of the European Parliament and of the Council of 4 July 2018 on common rules in the field of civil aviation and establishing a European Union Aviation Safety Agency, and amending Regulations (EC) No 2111/2005, (EC) No 1008/2008, (EU) No 996/2010, (EU) No 376/2014 and Directives 2014/30/EU and 2014/53/EU of the European Parliament and of the Council, and repealing Regulations (EC) No 552/2004 and (EC) No 216/2008 of the European Parliament and of the Council and Council Regulation (EEC) No 3922/91 (OJ L 212, 22.8.2018, pp. 1-122)

Commission Implementing Decision (EU) 2017/259 of 13 February 2017 concerning certain revised performance targets and appropriate measures included in the national or functional airspace block plans submitted pursuant to Regulation (EC) No 549/2004 of the European Parliament and of the Council that are not adequate in respect to the Union-wide performance targets for the second reference period and setting out obligations for corrective measures (OJ L 38, 15.2.2017, pp. 76-85)

Commission Implementing Decision (EU) 2015/348 of 2 March 2015 concerning the consistency of certain targets included in the national or functional airspace block plans submitted pursuant to Regulation (EC) No 549/2004 of the European Parliament and of the Council with the Union-wide performance targets for the second reference period (OJ L 60, 4.3.2015, pp. 55-67)

Commission Implementing Decision 2014/132/EU of 11 March 2014 setting the Union-wide performance targets for the air traffic management network and alert thresholds for the second reference period 2015-19 (OJ L 71, 12.3.2014, pp. 20-23)

Commission Implementing Regulation (EU) No 409/2013 of 3 May 2013 on the definition of common projects, the establishment of governance and the identification of incentives supporting the implementation of the European Air Traffic Management Master Plan (OJ L 123, 4.5.2013, pp. 1-7)

Regulation (EC) No 551/2004 of the European Parliament and of the Council of 10 March 2004 on the organisation and use of the airspace in the single European sky (the airspace Regulation) (OJ L 96, 31.3.2004, pp. 20-25)

Regulation (EC) No 550/2004 of the European Parliament and of the Council of 10 March 2004 on the provision of air navigation services in the single European sky (the service provision Regulation) (OJ L 96, 31.3.2004, pp. 10-19)

Single European Sky — EU rules on air navigation services

Regulation (EC) No 550/2004 on the provision of air navigation services in the single European sky

The regulation establishes requirements for the safe and efficient provision of air navigation services for general air traffic in the European Union (EU) as part of the single European sky* initiative. It is a binding regulation, applicable to all EU countries.

The regulation outlines the air navigation service provider certification procedures to be adopted by the supervisory authorities of EU countries. Certificates, valid in all EU countries, specify the rights and obligations of air navigation service providers. This includes access to services for airspace users* without discrimination, and with particular regard to safety, and the possibility of offering services to other providers, airspace users and airports within the EU.

Requirements for certification

These include:

competence and suitability;
systems for safety and quality management;
reporting systems and financial strength;
liability, insurance and security;
ownership and organisational structure, including the prevention of conflicts of interest;
human resources, including staffing.

National supervisory authorities

National supervisory authorities in EU countries are each responsible for designating a certificate-holder to provide exclusive air traffic services. They also ensure compliance for blocks of airspace under their control. This takes place jointly (or by agreement) if a block extends over more than one country, or if a certificate holder operates in more than one country.

If a provider does not meet the requirements, the authorities concerned can take action, including revoking the certificate. The authorities then become responsible for assuring continuity of service.

Functional airspace blocks

EU and non-EU countries, where appropriate, must by mutual agreement ensure the implementation of functional airspace blocks. These should have the necessary capacity and efficiency to maintain a high level of safety and reduced environmental impact. A functional airspace blocks system coordinator may be appointed by the European Commission to assist in this process.

National authorities may also designate an exclusive provider of meteorological services.

For general air traffic*, real-time operational data are exchanged between air navigation service providers, airspace users and airports, solely to facilitate operational needs. Approved written agreements are set up formalising working arrangements between service providers, and with military authorities.

The regulation requires open accounting procedures and lays out detailed guidelines for fair and transparent pricing of navigation services for airspace users.

KEY TERMS

Single European sky: an initiative by which the design, management and regulation of airspace is coordinated throughout the EU.
Airspace users: operators of aircraft used for general air traffic.
General air traffic: flights conducted in accordance with the rules and procedures of the International Civil Aviation Organization. These may include some military flights.

DOCUMENTS

Successive amendments to Regulation (EC) No 550/2004 have been incorporated into the original document. This consolidated version is of documentary value only.

Commission Implementing Regulation (EU) No 390/2013 of 3 May 2013 laying down a performance scheme for air navigation services and network functions (OJ L 128 of 9.5.2013, pp. 1-30)

Commission Implementing Regulation (EU) No 391/2013 of 3 May 2013 laying down a common charging scheme for air navigation services (OJ L 128 of 9.5.2013, pp. 31-58)

Communication from the Commission to the Council and the European Parliament — The creation of the single European sky (COM(1999) 614 final of 1 December 1999)

Commission Regulation (EU) No 176/2011 of 24 February 2011 on the information to be provided before the establishment and modification of a functional airspace block (OJ L 51 of 25.2.2011, pp. 2-7)

Commission Implementing Regulation (EU) No 1034/2011 of 17 October 2011 on safety oversight in air traffic management and air navigation services and amending Regulation (EU) No 691/2010 (OJ L 271 of 18.10.2011, pp. 15-22)

Commission Implementing Regulation (EU) No 1035/2011 of 17 October 2011 laying down common requirements for the provision of air navigation services and amending Regulations (EC) No 482/2008 and (EU) No 691/2010 (OJ L 271 of 18.10.2011, pp. 23-41)

Commission Regulation (EC) No 482/2008 of 30 May 2008 establishing a software safety assurance system to be implemented by air navigation service providers and amending Annex II to Regulation (EC) No 2096/2005 (OJ L 141 of 31.5.2008, pp. 5-10)

Regulation (EC) No 549/2004 of the European Parliament and of the Council of 10 March 2004 laying down the framework for the creation of the single European sky (the framework Regulation) (OJ L 96 of 31.3.2004, pp. 1-9)

Air service agreements between EU and non-EU countries

Regulation (EC) No 847/2004 — negotiation and implementation of air service agreements between EU countries and non-EU countries

It establishes a procedure for notifying and authorising negotiations conducted by European Union (EU) countries with non-EU countries on bilateral air service agreements (ASAs).
It aims to ensure that existing agreements comply with EU law.

EU competence

In November 2002, the Court of Justice of the European Union confirmed the EU’s exclusive right to negotiate, sign and conclude international ASAs with non-EU countries when they deal with matters within the EU’s exclusive competence.
At the time of the Court’s ruling, a large number of ASAs existed which did not comply with EU law. Since then, a large number of these have been brought into conformity with EU law.

Objective

Those ASAs not complying with EU law need to be amended in order to:

ensure legal certainty in such agreements for both parties;
guarantee all EU airlines the right of establishment within the EU, including non-discriminatory market access to routes between all EU countries and non-EU countries where ASAs existed.

Amending an ASA

There are 2 ways to amend an ASA:

Horizontal agreements — acting on behalf of the EU countries concerned which have bilateral ASAs with a non-EU country, the European Commission negotiates a single agreement with that non-EU country.
Bilateral negotiations — amending or replacing each ASA individually.

Rules and procedure for bilateral negotiations

An EU country can enter into bilateral negotiations to amend or replace an ASA which falls partly within the competence of the EU if it follows the rules and procedure set out in the regulation:
any relevant standard clauses, developed jointly between EU countries and the Commission, are included in such negotiations and the notification procedure is complied with;
it notifies the Commission of its intentions in writing.
If, within 15 working days of receiving the notification, the Commission concludes that such negotiations are likely to undermine the objectives of EU negotiations already taking place with the non-EU country and/or lead to an agreement which is incompatible with EU law, it must inform the EU country accordingly.
An EU country may not enter into any new arrangement with a non-EU country that reduces the number of EU air carriers allowed to provide services between its territory and that country.

DOCUMENT

Regulation (EC) No 847/2004 of the European Parliament and of the Council of 29 April 2004 on the negotiation and implementation of air service agreements between Member States and third countries (OJ L 157, 30.4.2004, pp. 7–17)

Corrigendum to Regulation (EC) No 847/2004 of the European Parliament and of the Council of 29 April 2004 on the negotiation and implementation of air service agreements between Member States and third countries (OJ L 157, 30.4.2004) (OJ L 195, 2.6.2004, pp. 3–6)

It entered into force on 30 May 2004.

Council Regulation (EEC) No 2408/92 of 23 July 1992 on access for Community air carriers to intra-Community air routes (OJ L 240, 24.8.1992, pp. 8–14)

Successive amendments to Regulation (EEC) No 2408/92 have been incorporated into the basic text. This consolidated version is of documentary value only.