Proposal for a Regulation of the European Parliament and of the Council on the organisation and use of the airspace in the Single European Sky
Date: 2001-10-10
Institutions: European Commission
Subjects: European standard, air space, air traffic, air transport, organisation of transport, trans-European network

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Official Journal of the European Communities

29.1.2002

Proposal for a Regulation of the European Parliament and of the Council on the organisation and
use of the airspace in the Single European Sky

(2002/C 25 E/10)

(Text with EEA relevance)

COM(2001) 564 final (cid:151) 2001/0236(COD)

(Submitted by the Commission on 12 October 2001)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
EUROPEAN UNION,

requirements and to achieving the most Flexible Use of
Airspace;

Having regard to the Treaty establishing the European
Community, and in particular Article 80(2) thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of
Committee,

the Economic and Social

Having regard to the opinion of the Committee of the Regions,

Acting in accordance with the procedure laid down in Article
251 of the Treaty,

Whereas:

(1) The creation of

the Single European Sky requires a
harmonised approach for regulation of the organisation
and the use of airspace;

(2) The report of

the High Level Group on the Single
rules at
European Sky has confirmed the need for
Community level
regulate and strategically
to design,
manage airspace on a European basis and enhance air
traffic flow management;

(3) The Communication of the Commission on the creation
of the Single European Sky, calls for structural reform to
permit the creation of the Single Sky by way of integrated
management of airspace and the development of new
concepts and procedures of air traffic management;

(4) Regulation (EEC) . . ./. . . of the European Parliament and
of the Council lays down the framework for the creation
of the Single European Sky;

(5) Airspace is a common resource and needs to be used
flexibly ensuring fairness and transparency for all users,
whilst taking into account security and defence needs of
Member States and their commitments in international
organisations;

(6) Efficient

airspace management

to
increasing the capacity of the air traffic services system,
to providing the optimum response to various user

fundamental

is

(7) Eurocontrol’s activities confirm that the route network
and airspace structure cannot realistically be developed
in isolation, as each individual Member State is an
integral element of the European air traffic management
network;

(8) A single airspace should be established for en-route air
traffic in the upper airspace; the interface between such
airspace and regional and local airspace should be
identified accordingly;

(9) The delineation of airspace wherein air traffic services are
to be provided, should be related to the need for efficient
services, rather than to national boundaries;

(10) Airspace users face disparate conditions of access to, and
freedom of movement within, the Community airspace;
this depends on the lack of harmonisation of classification
of airspace;

(11) Constraints in the definition of the route network cause
concentration of air traffic flows at fixed crossing points
or junctions of airways whilst
the principle of direct
routeings is the preferred, economical and ecological
way to use Community airspace;

(12) It is essential to achieve a common, harmonised airspace
structure, to base the present and future allocation of
airspace on common principles and to design and
manage airspace in accordance with harmonised rules;

(13) Adequate interfaces should be established between the
upper and lower airspace and the extension of a
harmonised approach to the latter is desirable;

(14) Variations

in

of

the

civil military
organisation
co-operation in the Community prevent uniform and
timely airspace management and the implementation of
changes; the success of the Single Sky is dependent upon
an effective co-operation between civil and military auth-
orities;

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(15) There should be an effective functioning of the Flexible
Use of Airspace concept and collaborative management to
smoothly adapt military training with civil air traffic; it is
necessary to optimise the location, size and time periods
of usage of sectors of airspace allocated to military needs,
especially during peak periods for civil air traffic and in
high-density airspace;

(16) Military operations should be safeguarded whenever the
as
and criteria,
is detrimental to their

application of
provided for in this Regulation,
safe and efficient performance;

common principles

(17) Adequate measures should be introduced to improve the

effectiveness of air traffic flow management;

(18) In accordance with the conclusions of the High Level
Group on the Single European Sky, Eurocontrol
is the
body that has the appropriate expertise to support the
Community in its role as regulator; therefore development
of draft measures may be done by Eurocontrol under
appropriate arrangements subject to the observance by
Eurocontrol of
to be included in a
framework of co-operation between the Commission
and Eurocontrol;

the conditions

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down the

. . ./. . .

[framework
(EEC)
framework for the creation of the Single Sky.

regulation]

laying

This Regulation shall apply to the airspace where Member
2.
States designate air navigation service providers as provided for
in Article 8 of Regulation (EEC) . . ./. . . [service provision].

Article 2

Objective

The objective of this Regulation is to establish a Community
common
airspace as a single operating airspace where
procedures for design, planning and management ensure the
efficient and safe performance of air traffic management. The
use of Community airspace shall support the operation of the
air navigation services as a coherent and consistent whole in
accordance with the provisions of Regulation (EEC)
. . ./. . .
[service provision].

Article 3

Definitions

For the purposes of this Regulation and in addition to the
. . ./. . .
definitions set out in Article 2 of Regulation (EEC)
[framework regulation]:

(19) In line with the subsidiarity and proportionality principles
laid down in Article 5 of the Treaty, the objectives of this
Regulation, i.e. to establish a European airspace as a single
operating airspace, cannot be sufficiently achieved by the
Member States individually and can therefore, by reason
of the transnational scale of this action, be better achieved
by the Community, while ensuring that the implementing
procedures take account of the specific local conditions;

(a)

(b)

operating

(cid:145)single
management procedures and safety standards
provision of Air Traffic Control;

airspace(cid:146) means

uniform airspace
in the

(cid:145)airspace design(cid:146) means an appropriate, efficient and
effective process for structuring, division and categori-
sation of airspace together with the planning of routes
and airspace;

(20) Since the measures necessary for the implementation of
this Regulation are measures of general scope within the
meaning of Article 2 of Council Decision 1999/468/EC of
28 June 1999 laying down the procedures for the exercise
of implementing powers conferred on the Commission (1),
regulatory
they should be adopted by use of
procedure provided for in Article 5 of that Decision,

the

HAVE ADOPTED THIS REGULATION:

PART I

GENERAL ASPECTS

Article 1

Scope

(c)

(cid:145)flight information region(cid:146) means an airspace of defined
dimensions within which flight information services and
alerting services are provided;

(d)

(cid:145)division level(cid:146) means the boundary between upper and
lower airspace;

(e)

(cid:145)upper airspace(cid:146) means the airspace above a certain flight
level;

(f)

(cid:145)lower airspace(cid:146) means the airspace below a certain flight
level;

1.
This Regulation concerns the organisation and the use of
airspace in accordance with and within the scope of Regulation

(g)

(1) OJ L 184, 17.7.1999, p. 23.

level(cid:146) means a surface of constant atmospheric
(cid:145)flight
pressure which is
related to specific pressure datum
1 013,2 hectopascals and is separated from other such
surfaces by specific pressure intervals;

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(h)

(cid:145)functional airspace block(cid:146) means an airspace of optimal
defined dimensions, above land or waters, within which
air navigation services are provided;

providers, airport operators, air traffic flow management
providers and airspace users to instil more flexibility in
slot/route allocation and flight co-ordination processes in
order to optimise utilisation of scarce capacity.

(i)

(j)

(cid:145)area control centre(cid:146) means an operational unit established
to provide air traffic control services to air traffic in a
block of airspace under its jurisdiction;

(cid:145)airspace classification(cid:146) means the ICAO classification of
airspaces alphabetically designated as classes A to G, as
specified in Appendix 4 to the twelfth edition of
July
1998 of Annex 11 to the 1944 Chicago Convention on
International Civil Aviation, also defined as airspaces of
defined dimensions,
alphabetically designated, within
which specific types of flight may operate and for which
air traffic services and rules of operation are specified;

(k)

(cid:145)direct routeing(cid:146) means an aircraft operation allowing an
aircraft in flight to proceed directly between two points
outside the scheme of routes;

(l)

(cid:145)route network(cid:146) means a network of specified routes for
channelling the flow of air traffic as necessary for the
provision of air traffic services;

PART II

AIRSPACE ARCHITECTURE

Article 4

Creation of a European Upper Flight Information Region

1.
Taking due account of ICAO requirements, as specified in
the twelfth edition of July 1998 of Annex 11 to the 1944
Chicago Convention on International Civil Aviation, a single
Information Region, hereinafter referred to
European Flight
as European Upper Flight Information Region (EUIR), shall be
established in the upper airspace.

The division level between upper and lower airspace shall

2.
be set at flight level 285.

(m) (cid:145)sector(cid:146) means a subdivision of the totality of control tasks
into manageable airspace portions at which throughput
and capacity can be measured;

3. Within three years after the establishment of the EUIR,
the European Parliament and the Council shall extend, on the
basis of a proposal from the Commission, the concept referred
to in paragraph 1 of this Article to include the creation of a
European Flight Information Region in the lower airspace.

(n)

(o)

(p)

(q)

(cid:145)Flexible Use of Airspace(cid:146) means an airspace management
concept applied in the European Civil Aviation Conference
area, as specified in the first edition of 5 February 1996 of
the (cid:145)Airspace Management Handbook for the application
of the Concept of the Flexible Use of Airspace(cid:146) issued by
Eurocontrol;

(cid:145)airspace management(cid:146) means a planning function with the
primary objective of maximum utilisation of available
airspace by dynamic time-sharing and, at times, the segre-
gation of airspace among various categories of airspace
users based on short-term needs;

(cid:145)air traffic flow management(cid:146) means a service established
with the objective of contributing to a safe, orderly and
expeditious flow of air traffic by ensuring that air traffic
control capacity is utilised to the maximum extent
possible, and that traffic volume is compatible with the
capacities declared by the appropriate air traffic services
providers;

(cid:145)Collaborative Decision Making(cid:146) means a process
information between air
exchanging

traffic

for
service

The Commission shall take the necessary measures in
4.
order to have the EUIR recognised by ICAO as required by
the tenth edition of
July 1997 of Annex 15 to the 1944
Chicago Convention on International Civil Aviation. The
involving Eurocontrol, shall also organise the
Commission,
information relating to
publication of a single aeronautical
the EUIR through the consolidation of existing national aero-
nautical
incorporate all
changes to requirements and procedures introduced by the
implementation of the Single Sky.

information. This publication shall

Article 5

Reconfiguration of the upper airspace

1.
The EUIR shall be reconfigured into functional airspace
blocks of minimum size on the basis of safety and efficiency.
The borders of such functional airspace blocks do not need to
coincide with national boundaries. Functional airspace blocks
shall be created to support the provision of air traffic services
within area control centres responsible for an optimal size of
airspace in the EUIR.

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Functional airspace blocks shall be defined in accordance
2.
with the procedure laid down in Article 16(2) of this Regu-
lation. The definition of such functional airspace blocks shall:

(i) Support efficiently the existing and future pattern of air

traffic;

(ii) Ensure that each airspace block is designed to maximise

the efficiency of European airspace as a whole;

(iii) Take into account

the human and capital resources of

various air navigation service providers;

operation. To this end, airspace rules, common principles
and criteria for sector design, especially the design of cross-
border sectors, and route design shall be established on the
the (cid:145)Concept and Criteria for Medium Term EUR
basis of
Sectorisation(cid:146),
Route Network
EATMP ARN Version 4 issued by Eurocontrol on 1 April 2001.

and Associated Airspace

The necessary implementing rules in the fields covered by this
Article shall be prescribed in accordance with the procedure
laid down in Article 16(2) of this Regulation.

(iv) Minimise the transaction costs between various area

control centres;

Article 9

Consistency with the design for lower airspace

(v) Ensure coherence between the existing and future config-

urations of upper and lower airspace.

Article 6

Airspace classification

1.
The EUIR shall be designated in accordance with a
harmonised airspace classification to ensure the seamless
provision
the
Community and to establish a single category of environment
within which all air traffic is known to providers of air traffic
services, both with position and with flight intentions.

throughout

navigation

services

air

of

The classification referred to in paragraph 1, shall be
2.
established on a common and simplified application of the
classification of airspace currently prescribed in chapter 2 of
twelfth edition of July 1998 of Annex 11 to the 1944 Chicago
Convention on International Civil Aviation.

3.
The necessary implementing rules in the fields covered by
this Article shall be prescribed in accordance with the
procedure laid down in Article 16(2) of this Regulation.

Article 7

the planning and design of

the environment at and around airports

Based on the criteria specified in Article 5(2) of this Regu-
lation,
lower airspace shall be
harmonised to be consistent with upper airspace and take
in
account of
accordance with the procedure laid down in Article 16(2) of
this Regulation. Pursuant to Article 4(3), the concept of the
functional airspace blocks, specified in Article 5 of this Regu-
lation, shall be extended to establish similar blocks in the lower
airspace, particularly to address cross-border problems for
short to medium flights.

concerning approaches

Air navigation service providers shall harmonise operations
and practices
and departures of
aircraft to/from airports and their movement on the airport
such
surface. A common procedure to the definition of
practices shall be defined in accordance with the procedure
laid down in Article 16(2) of this Regulation, including risk
assessment methods to verify the local
these
procedures.

feasibility of

PART III

CIVIL MILITARY CO-ORDINATION

Article 10

Direct routeing in the upper airspace

Civil military co-ordination

Subject to safety analysis, air navigation service providers shall
organise the phased implementation of direct routeings in the
EUIR as the optimum economic and environmental usage of
Community airspace. Service providers shall regularly report to
the Commission on this implementation.

1. Member States shall ensure an efficient allocation and use
of airspace by civil and military airspace users through the
uniform and full application of the concept of the Flexible
Use of Airspace.

Article 8

Uniform airspace design

The structuring, division and categorising of airspace together
with the planning of routes shall rely on a uniform, efficient
and effective design process within the agreed concept of

2. Member States shall facilitate the organisation of civil-
military co-operation particularly in all aspects of airspace
management
and military
and flow management. Civil
providers of air navigation services shall exchange data under
the agreements provided for in Article 10 of Regulation (EEC)
. . ./. . . [service provision]

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Taking into account the general conditions for air traffic
3.
flow management, as defined under Article 13 of this Regu-
lation, criteria shall be established:

(cid:151) for the use of segregated airspace, including factors for the
determination of horizontal and vertical extensions,
the
location of such airspace, and its sub-division into func-
tional elements to be activated according to demand;

(cid:151) for the application of the Flexible Use of Airspace concept,

PART IV

FLOW MANAGEMENT

Article 13

Air traffic flow management

Rules for air traffic flow management shall be established in
order to optimise available capacities in the use of airspace and
to enhance flow management processes. These rules shall be
based on transparency and efficiency ensuring that capacity is
provided flexibly and in a timely manner. They shall support a
framework for operational decisions by air navigation service
providers, airport owners and airspace users, i.e. Collaborative
Decision Making. These measures will cover:

in accordance with the procedure laid down in Article 16(2) of
this Regulation.

(cid:151) a consistent route and traffic orientation policy defined in a

single publication;

These criteria shall implement the principles provided for in
Article 4 of Regulation (EEC) . . ./. . . [framework regulation].

4. Member States shall encourage the full integration of air
defence in airspace management ensuring full exploitation of
airspace under certain agreed conditions and arrangements,
taking into account national security requirements.

agreements

to international

5. Without prejudice
and
conventions to which the Community is a contracting party
and in order to ensure the safety of civil aviation, Member
States can request the submission of a flight plan for any
military flight entering the airspace where they have designated
air traffic services providers in accordance with Article 8 and 9
of Regulation (EEC) . . ./. . . [service provision], regardless of the
origin and/or the destination of the flight.

Article 11

Temporary exemption for adjustments

In the case of serious disturbance of military operations,
Member States may request
the Commission to prepare
adjustments to the criteria defined in accordance with Article
such
10(3)
adjustments the Commission shall exempt on a temporary
basis
the
provisions.

from the application of

territory. Pending the

the Member State(s)

elaboration of

in its

Article 12

Information disclosure

Pursuant to Article 10 of Regulation (EEC) . . ./. . . [framework
regulation], Member
the necessary
information on the demand and actual use of airspace
prohibited, closed, or restricted for military reasons to the
Commission for further analysis and publication.

submit

States

shall

(cid:151) consistency between airport slots and slots assigned by the

Central Flow Management Unit;

(cid:151) inconsistencies in flight planning;

(cid:151) options for diversion of air traffic from congested areas into

routes in less congested areas;

(cid:151) priority rules in access to airspace, particularly during

periods of congestion and crisis.

The necessary implementing rules
shall be prescribed in
accordance with the procedure laid down in Article 16(2) of
this Regulation.

PART V

FINAL PROVISIONS

Article 14

Procedures

When preparing for implementing rules covered by this Regu-
lation, the Commission may request, where appropriate, Euro-
control to draw up draft measures on the basis of a work
programme laid down by the Commission.

Article 15

Review of measures

In order to make adaptations to technical developments

1.
adjustments may be made to:

(cid:151) the flight level referred to in Article 4(2) of this Regulation,

(cid:151) references to ICAO and Eurocontrol documents as referred

to in Articles 3, 4, 6 and 8 of this Regulation,

in accordance with the procedure laid down in Article 16(2) of
this Regulation.

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rules
The Commission shall publish implementing
2.
adopted on the basis of this Regulation in the Official Journal
of the European Communities.

The period provided for in Article 5(6) of Decision

3.
1999/468/EC shall be one month.

Article 16

Procedures for the Single Sky Committee

1.
The Commission shall be assisted by the (cid:145)Single Sky
Committee(cid:146) as provided for in Article 7 of Regulation (EEC)
. . ./. . . [framework regulation].

2. Where reference is made to this paragraph, the regulatory
procedure laid down in Article 5 of Decision 1999/468/EC
shall apply,
in compliance with Article 7(3) and Article 8
thereof.

PART VI

ENTRY INTO FORCE

Article 17

This Regulation shall enter into force on the twentieth day
following that of its publication in the Official Journal of the
European Communities.

This Regulation shall be binding in its entirety and directly
applicable in all Member States.