Proposal for a Regulation of the European Parliament And of the Council laying down the framework for the creation of the single European sky
Date: 2001-10-10
Institutions: European Commission
Subjects: European standard, action programme, air space, air traffic, air transport, organisation of transport, trans-European network

18.12.2001

EN

Official Journal of the European Communities

C 362 E/251

Communication from the Commission to the Council and the European Parliament (cid:151) Action
programme on the creation of the single European sky and Proposal for a regulation of the
European Parliament and of the Council laying down the framework for the creation of the
single European sky

(2001/C 362 E/03)

(Text with EEA relevance)

COM(2001) 123 final (cid:151) 2001/0060(COD)

(Submitted by the Commission on 11 October 2001)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
EUROPEAN UNION,

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) Implementation of the common transport policy requires
an efficient air transport system allowing safe, regular
operation of air
transport services and, consequently,
facilitating the free movement of goods, persons and
services and ensuring mobility for European citizens.

(2) The European Council called on the Commission to put
traffic and flow
forward proposals on airspace, air
management, based on the work of
the High Level
Group set up by the Commission; this Group, made up
of the civil and military air navigation authorities in the
Member States, submitted its report in November 2000.

(3) Smooth operation of the air transport system requires air
navigation services allowing optimum use of Europe’s
airspace and fulfilling their task of general economic
interest in accordance with the Treaty.

(4) Smooth operation of

system also
the air
requires uniform, high safety standards for the air traffic
for which the air navigation services are responsible.

transport

Eurocontrol, lay down common objectives and an action
programme to mobilise the efforts by the Community, the
Member States and the various economic stakeholders in
order to create a single European airspace: the single sky.

(6) Air navigation services must be developed in line with the
general safety and performance objectives, in accordance
with the principles laid down by the Convention on Inter-
national Civil Aviation signed at Chicago on 7 December
1944.

(7) The closer civil/military co-operation essential for efficient
use of the airspace must be pursued wherever necessary,
using where possible existing co-operation frameworks
and turning to all appropriate instruments
for any
matter concerning air traffic and air navigation services
for exclusively military purposes.

i.e.

to lay down the framework for

(8) In line with the subsidiarity and proportionality principles
laid down in Article 5 of the Treaty, the objectives of this
the
Regulation,
creation of
sufficiently
sky,
achieved by the Member States individually and can
therefore, by reason of
this
action, be better achieved by the Community, while
ensuring that the implementing procedures take account
of the specific local conditions.

the transnational scale of

cannot be

single

the

(9) The Community framework provides a means of estab-
lishing common rules at Community level to optimise use
of the airspace as a whole and the performance of the air
navigation services on which this depends.

(10) These rules must cover organisation and use of

the
airspace and the relevant procedures, provision of air
navigation services, including the economic aspects, and
air navigation equipment and systems and the associated
procedures.

(5) For all these reasons, and with a view to extending the
single sky to include a larger number of European States,
the Community must, while taking into account the devel-
opments already in progress at pan-European level within

(11) Use of

the airspace must be organised and managed
efficiently and completely safely to meet the needs of
and allow equitable,
both civil
and military users
non-discriminatory allocation of
the resources between
all users.

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(12) The air navigation services provided must ensure uniform,
high safety standards for the air traffic which depends on
these services; provision of
these services must be
optimised to guarantee the best use of Europe’s airspace
resources.

(13) The technical and operational solutions must secure and
the

increase safety standards,
system, and full, efficient use of the capacity available.

the overall capacity of

for

(14) Some of the measures necessary in order to create the
single sky call
the Commission to exercise the
implementing powers conferred on it, case by case,
under Council Decision 1999/468/EC of 28 June
1999 (1), on efficiency and speed grounds; creation of
the single sky therefore calls for the establishment of a
mechanism for co-operation with the Member States by
means of setting up a committee of representatives from
the Member States which can take account of both civil
and military interests and hear outside experts.

(15) The Council has authorised the Commission to negotiate
the Community’s accession to the European Organisation
for
this
the Safety of Air Navigation (Eurocontrol);
accession remains a priority with a view to creation of
a single pan-European sky.

(16) Without prejudice to the accession of

the European
Community to Eurocontrol, the Commission and Euro-
to
control may conclude
enable Eurocontrol to contribute to the preparation of
Community legislation.

arrangements

appropriate

(17) It will be desirable

single

to extend the

sky to
non-Community countries, either within the framework
of participation by the European Community in the
work of Eurocontrol,
to accession by the
subject
European Community to this international organisation,
or
the
agreements
Community with the non-Community countries.

by means

concluded

by

of

also consult the Social Dialogue Committee set up on the
basis of Commission Decision 1998/500/EC (2).

(21) Drafting of the measures necessary in order to create the
single sky requires broad consultations with the industrial
partners concerned; to this end, these partners may draw
up opinions on the measures taken to create the single
sky.

(22) The impact of the measures taken to apply this Regulation
should be evaluated in the light of reports which will be
submitted regularly by the Commission,

HAVE ADOPTED THIS REGULATION:

Article 1

(Objective)

a

The objective of this Regulation is to create, by 31 December
the latest, a European airspace, conceived and
2004 at
airspace offering optimum safety
managed as
conditions
in the
air
efficiency for
Community and ensuring a level of capacity meeting the
requirements of civil and military users. This single airspace
is hereinafter referred to as the (cid:145)single sky(cid:146).

single
and overall

traffic

This Regulation lays down the general
lines of approach
governing creation of the single sky and identifies the fields
in
for action by the Community and the means necessary,
terms of structures, procedures and resources,
in order to
create the single sky, while taking into account Eurocontrol’s
mission to establish a pan-European airspace.

form of

implementation of

The measures taken to apply these lines of approach shall take
the
and
performance rules for air navigation services, mechanisms
allowing optimum use of airspace at Community level and
the involvement of all economic and social
stakeholders
concerned.

common safety

(18) It is necessary to organise efficient, regular assistance for
the Commission in its activities to supervise and monitor
application of the measures needed in order to create the
single sky, notably by drawing on the expertise of the
Member States and Eurocontrol.

Article 2

(Definitions)

For the purposes of this Regulation:

(19) The performance of the air navigation services system as a
whole at European level must be constantly examined to
the measures adopted and
check the effectiveness of
propose further measures.

(a)

(cid:145)air navigation services(cid:146) means all air traffic control services,
including ancillary services providing communication, navi-
gation and
infrastructure, meteorological
services for airspace users, search and rescue services and
aeronautical
are
information services. These
provided to airspace users during every phase of the flight;

surveillance

services

(20) Without prejudice to the role of the social partners in the
situations provided for by Article 138 of the Treaty, the
Commission may inform and consult the social partners
on all measures with significant social implications. It may

(b) (cid:145)air navigation service providers(cid:146) means any public or
private entity responsible for operating and managing air
navigation services;

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

(2) OJ L 225, 12.8.1998, p. 27.

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(c)

(cid:145)air traffic(cid:146) means all movements of civil and State aircraft,
including military, customs and police aircraft;

(cid:151) the airspace is divided into air traffic control sectors giving

priority to operational requirements;

(d) (cid:145)airspace users(cid:146) means all civil and State aircraft, including

military, customs and police aircraft;

(cid:151) air traffic flow planning and management allow smooth,
flexible air traffic making optimum use of the capacity
available.

(e)

(cid:145)Eurocontrol(cid:146) means the European Organisation for the
Safety of Air Navigation set up by the International
Convention of 13 December 1960 relating to Co-operation
for
the Safety of Air Navigation, as amended by the
Protocol of 12 February 1981 and to be consolidated by
the Protocol of 27 June 1997.

Article 3

(Fields for action by the Community)

1.
The measures necessary in order to attain the objectives
mentioned in Article 1 shall be established in accordance with
the Treaty in the following fields, ensuring maximum safety
standards for air navigation:

(cid:151) organisation and use of

the airspace and the relevant

procedures;

(cid:151) provision of air navigation services, including the economic

aspects;

(cid:151) air navigation equipment and systems and the associated

procedures.

Article 5

(Principles in the field of provision of air navigation
services)

The measures relating to the provision of air navigation
services referred to in Article 3 of this Regulation must be
such that:

(cid:151) definition and monitoring of application of

the rules
this Regulation are kept
the air navigation services

referred to in Article 1 of
separate from operation of
subject to these rules;

(cid:151) air navigation service providers hold regular, formal consul-
tations with airspace users on the arrangements and costs
for air navigation services to ensure that these users’ needs
are taken into account in definition of these services;

(cid:151) air navigation service providers ensure appropriate trans-
in the form of publi-
reports, and

parency in air navigation services,
cation of
regularly undergo an independent audit;

financial accounts and annual

These measures shall comply with the general

2.
lines of
approach set out in Articles 4, 5 and 6 of this Regulation.

(cid:151) operation of air navigation services is harmonised to ensure
integration and consistency of the operations of air navi-
gation service providers, airspace users and airports;

The purpose of these measures shall be to define the
the means of attaining

3.
objectives and, where appropriate,
these objectives in order to safeguard the public interest.

(cid:151) co-operation between civil air navigation service providers
is reinforced, in particular by facilitating the establishment
of groupings of two or more service providers;

Article 4

(cid:151) co-operation between civil and military air navigation

service providers is encouraged;

(Principles in the field of organisation and use of the
airspace)

The measures relating to the airspace referred to in Article 3 of
this Regulation must be such that:

(cid:151) the

above

airspace

European
Community is treated as a common resource constituting
a continuum;

territory of

the

the

(cid:151) use of the airspace is flexible, i.e. with no permanent segre-
gation and optimising the duration of any temporary segre-
gation for military purposes;

(cid:151) without prejudice to the requirements concerning safety,
environmental protection and air traffic flow management,
most
line between the points of
departure and destination or take the route closest to this
straight line;

flights take a straight

(cid:151) new services are established at the same time for all stake-

holders in the Member States concerned;

(cid:151) air navigation service providers exchange all data on the
situation of flights during every phase of the flight in order
to facilitate operation of air navigation services; access to
these data is open to all concerned on a non-discriminatory
basis, without prejudice to safety requirements;

(cid:151) the economic regulations favour more efficient provision of
air navigation services and provision of services releasing
capacity meeting Europe’s needs;

(cid:151) mechanisms

providing

are
developed to stimulate new investment in this sector and
to reward timely provision of high-quality services meeting
the demand from airspace users.

performance

incentives

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Article 6

(Principles in the field of air navigation equipment and
systems)

The measures relating to air navigation equipment and systems
referred to in Article 3 of this Regulation must be such that:

(cid:151) the technical and operational

solutions allow uniform
planning and operation of the European system, including
interoperability;

(cid:151) creation of the single sky favours the introduction of new
technical and operational solutions for air navigation;

(cid:151) the development and validation of

technical and oper-
ational solutions meet airspace users’ common needs and
take account of the demand from such users with regard to
choice of routes and flight profiles.

Article 7

(Single Sky Committee)

1.
The measures taken pursuant to this Regulation shall,
where appropriate, include delegation to exercise implementing
the Treaty and
powers, as provided for by Article 202 of
Council Decision 1999/468/EC (1), and in particular Articles
3, 5 and 6 thereof. To this end, the Commission shall be
assisted by a committee, hereinafter referred to as the (cid:145)Single
Sky Committee(cid:146), composed of
the
the representatives of
the
Member States and chaired by the representative of
Commission. Secretarial services shall be provided by the
Commission.

Each Member State shall appoint two representatives and

2.
two alternates.

Non-Community States

3.
transport
agreements with the Community shall be associated with the
work of the committee, in accordance with the arrangements
laid down in the agreements.

committed to air

4.

The committee shall draw up its own rules of procedure.

Article 8

Article 9

(Supervision and monitoring)

1.
The measures adopted pursuant to Article 3 of this Regu-
lation shall define appropriate mechanisms for assisting the
Commission with its responsibilities for supervising and moni-
toring application of the Community rules laid down in the
fields covered by Article 3(1),
including technical civil and
military expertise.

2.
The supervision and monitoring methods shall be based
on the submission of regular reports by air navigation service
providers on implementation of the measures adopted.

Article 10

(Performance review)

The Commission shall ensure the examination and comparison
of air navigation performance involving,
in particular, Euro-
control’s Performance Review Commission.

Article 11

(Impact assessment)

Every five years after the entry into force of this Regulation
and for the first time before 1 July 2005, the Commission shall
submit to the European Parliament and to the Council a report
assessing the measures taken to create the single sky. For the
purposes of drafting this report, the Commission may request
the opinion of the committee referred to in Article 7. This
report shall contain an evaluation of the results achieved by
the measures taken pursuant to this Regulation in the various
fields of action in the light of the original objectives and of
future needs.

Article 12

(Safeguards)

This Regulation shall not prevent Member States from adopting
or applying measures warranted by serious internal distur-
law and order,
bances affecting the maintenance of
in the
event of war,
tension constituting a
international
serious
threat of war, or in order to carry out obligations they have
accepted for the purpose of maintaining peace and inter-
national security.

(Relations with non-Community countries)

Article 13

When drafting the measures taken to implement this Regu-
lation,
the Commission shall keep open the possibility of
extending the single sky to countries which are not members
of the European Union, whether under bilateral agreements
concluded with the non-member countries or within the
framework of the international organisation Eurocontrol.

This Regulation shall enter into force on the [. . .] 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.

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