Proposal for a Regulation of the European Parliament and of the Council on the provision of Air Navigation Services 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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Proposal for a Regulation of the European Parliament and of the Council on the provision of Air
Navigation Services in the Single European Sky

(2002/C 25 E/09)

(Text with EEA relevance)

COM(2001) 564 final (cid:151) 2001/0235(COD)

(Submitted by the Commission on 12 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) Member States have restructured, to varying degrees, their
national air navigation providers by increasing their level
of autonomy and freedom to provide services.
is
increasingly necessary to ensure that minimum public
this new
interest
environment.

satisfied under

requirements

are

It

(2) The report of

the High Level Group on the Single
rules at
European Sky has confirmed the need for
Community level to distinguish between regulation and
service provision and to introduce a system of author-
isation and a charging mechanism to stimulate cost-effec-
tiveness.

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

(4) In order to create the Single Sky, measures should be
adopted to ensure the safe and efficient provision of air
navigation services consistent with the organisation and
use of airspace as provided for in Regulation (EEC) . . ./. .
[airspace regulation]; the establishment of a harmonised
organisation of the provision of such services is important
to adequately respond to the demand of airspace users
and safely and efficiently operate air traffic.

(5) The control of compliance of air navigation service
providers
concerned with
Community requirements, as established on the basis of
this Regulation, is predominantly a task for the Member

operators

other

and

it requires adequate independence of

States;
orities exerting such a control
service providers.

the auth-
from air navigation

(6) Member States may entrust to recognised organisations
the verification and certification of
the compliance of
air navigation service providers and other operators
concerned with Community requirements, as established
on the basis of this Regulation.

(7) Smooth operation of the air transport system also requires
uniform, high safety standards of air navigation service
providers.

(8) Solutions shall be proposed to overcome the lack of
controllers through the improvement of the procedures
for training and licensing.

(9) Whilst guaranteeing the continuity of service provision, a
common system should be established for authorising air
navigation services which constitutes a means for detailing
the rights and obligations of air navigation service
providers.

(10) The authorisation system should provide for the means to
control access to the activity. It should take into account
the need to facilitate the introduction of new services as
well as new modalities of service provision;
therefore
authorisations
the most adequate
control compatible with the fulfilment of applicable
requirements; it is also important to define non-discrimi-
natory requirements
in relation to the location and
control of a service provider, in particular of air traffic
services, applying for an authorisation.

should provide for

(11) Conditions attached to authorisations are necessary in
order to attain public interest objectives for the benefits
of airspace users and the air transport passengers; they
should be objectively justified in relation to the service
concerned
non-discriminatory,
and
proportionate and transparent.

should

be

(12) The harmonisation of conditions attached to authoris-
ations
associated with the
the procedures
granting of authorisations should significantly facilitate
the provision of air navigation services in the Community.

and of

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(13) Existing air navigation service providers

allowed,
the requirements of the new system of authorisation.

for a reasonable period of

should be
time, to adjust to

(23) There shall be no discrimination between airspace users
for the provision of equivalent air navigation services.

(14) The authorisations should be mutually recognised by all
Member States in order to allow air navigation service
providers to provide services in a Member State other
than where they obtained their authorisations, within
the limits of what safety permits.

(24) Air navigation services offer a certain number of facilities
and services directly related to the operation of aircraft,
the costs of which they must be able to recover according
to the (cid:145)user pays(cid:146) principle, that is the airspace user should
pay for the costs they impose at, or as close as possible to,
the point of use.

(15) Desiring to facilitate the safe conduct of air traffic across
the boundaries of the Member States in the interests of
the airspace users and their passengers, the system of
authorisation should provide for a framework to enable
the designation by Member States of service providers for
providing air traffic services, regardless of where they
have been authorised.

(25) It is important to ensure the transparency of the costs to
which such services or facilities give rise; therefore, any
changes made to the system or level of charges must be
explained to airspace users; such changes or investment
proposed by air navigation service providers must be
explained in the framework of an exchange of information
between their management bodies and airspace users.

(16) The provision of ancillary services, meteorological services
information services can be organised
and aeronautical
under market conditions whilst taking into account of
the special features of such services.

(17) Co-operation between service providers, airspace users
and other operators should be enhanced on a contractual
basis.

(18) Air navigation service providers should establish and
maintain close co-operation with military authorities
responsible for activities
traffic,
through appropriate arrangements.

that may affect air

(19) The accounts of all air navigation service providers should
provide for maximum transparency;
the
accounts must be separated for each service and control
centre.

to this end,

(20) The introduction of harmonised principles and conditions
to operational data should facilitate the
for access
provision of air navigation services and the operations
of airspace users and airports under the new environment
created by this Regulation.

(21) A Community framework is needed to ensure that fair,
equitable and transparent charging conditions apply to
airspace users.

(22) User

charges

should provide

compensation for

the
facilities and services provided by air navigation services;
such services and facilities can, by their nature, only be
provided by air navigation service providers themselves; in
view of this monopoly situation, the level of user charges
must be in relation to the costs borne for the provision of
such facilities and services, taking into consideration the
objective of economic efficiency.

(26) There should be scope for modulating charges
that
financial
contribute to maximise system-wide capacity;
incentives are a useful way to accelerate the introduction
increases
of ground-based or airborne equipment
capacity, to reward high performance or to offset
the
inconvenience of choosing less desirable routeings.

that

(27) The Commission will examine the feasibility of organising
a temporary financial aid to measures to increase the
capacity of Europe’s air traffic control system as a whole.

(28) The establishment and imposition of charges to airspace
users should be constantly and efficiently reviewed by the
Commission, involving Eurocontrol, in co-operation with
national supervisory authorities and airspace users.

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

(30) Due to the particular sensitivity of information concerning
service providers, national supervisory authorities should
not disclose information covered by the obligation of
professional secrecy without prejudice to the organisation
of a system to monitor and publish the performance of
service providers.

(31) In line with the subsidiarity and proportionality principles
laid down in Article 5 of the Treaty, the objectives of this
Regulation, i.e. to promote the safe and efficient provision
of air navigation services, cannot be sufficiently achieved
by the Member States individually and can therefore, by
reason of the transnational scale of this action, be better
the
achieved by the Community, while ensuring that
implementing procedures take account of
the specific
local conditions.

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(32) 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),
they should be adopted by use of
regulatory
procedure provided for in Article 5 of that Decision.

the

(33) In accordance with Article 2 of Council Decision
1999/468/EC of 28 June 1999 laying down the
implementing powers
for
procedures
conferred
the
on the Commission, measures
implementation of this Regulation should be adopted by
use of the advisory procedure provided for in Article 3 of
that Decision,

the exercise of

for

HAVE ADOPTED THIS REGULATION:

PART I

GENERAL ASPECTS

Article 1

Scope

for

civil

traffic

services,

aviation,

including air
search and rescue

This Regulation shall apply to the provision of air navigation
services,
services
meteorological
and
ancillary services providing communication, navigation and
information
surveillance
and
in
services as
accordance with and within the scope of Regulation (EEC)
. . ./. . [framework regulation] laying down the framework for
the creation of the Single Sky.

infrastructure
specified in Annex I

to this Regulation,

aeronautical

services

Article 2

Definitions

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

in Article 2 of Regulation (EEC)

(a)

(b)

(cid:145)national supervisory authority(cid:146) means the body or bodies,
distinct and functionally independent of the air navigation
service providers, appointed by a Member State with the
supervision of air navigation service providers;

(cid:145)recognised organisation(cid:146) means a private or public body,
recognised in conformity with Article 4 of this Regulation,
carrying out assessment work for a national supervisory
authority;

(c)

(cid:145)authorisation(cid:146) means a permission which is granted by a
Member State and which certifies that an air navigation
service provider is suitable to provide a specific service;

(d)

(cid:145)bundle of services(cid:146) means two or more air navigation
services as specified in Annex I of this Regulation;

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

(e)

(cid:145)air traffic services(cid:146) means all flight information services,
traffic advisory services and air
alerting services, air
traffic control services,
including area control services,
approach control services and aerodrome control services
as identified in Annex I to this Regulation;

(f)

(cid:145)designation(cid:146) means an appointment by a Member State or
Member States in accordance with this Regulation and
the responsibility for
which gives a service provider
providing air traffic services on an exclusive basis;

(g)

(cid:145)ancillary services(cid:146) means communication, navigation and
surveillance services as identified in Annex I to this Regu-
lation;

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

(i)

(j)

(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;

(cid:145)operational data(cid:146) means information and/or data used by
air navigation service providers and airspace users during
the execution of their operational activities;

(k)

(cid:145)charges(cid:146) means the price related to the operating and
investment costs of air navigation services and related
facilities.

Article 3

National supervisory authorities

1.
National supervisory authorities shall be established by
each Member State in order to assume the relevant responsi-
bilities and obligations under the requirements of this Regu-
lation. The national supervisory authorities shall be inde-
pendent of the bodies responsible for the management and
operation of air navigation services. This independence shall
be achieved through adequate separation, of at least functional
level, between the national supervisory authorities and such
bodies.

The national

supervisory authority shall ensure the
2.
appropriate oversight and enforcement of the provisions of
this Regulation,
in particular with regard to the safe and
efficient operations of air navigation service providers. To
the national supervisory authority shall perform
this end,
adequate inspections and surveys to verify compliance with
the requirements of this Regulation.

3. Member States shall inform the Commission of the names
and addresses of the national supervisory authorities and of the
measures undertaken to ensure compliance with the provisions
of paragraph 1. Member States concerned may conclude an
agreement on the supervisory role provided for
in this
Article in respect of regional service providers.

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4. Member States shall notify any changes in respect of the
information supplied under paragraph 3, within one month of
their entry into force.

Commission proposal to be agreed by the European Parliament
and the Council, so that the needs for controllers can be met
more efficiently at Community rather than national level.

Article 4

Recognised organisations

this
In assuming their obligations under Article 3 of
1.
Regulation, national supervisory authorities may decide with
respect to air navigation service providers that operate under
their responsibility to rely upon recognised organisations to
undertake fully or in part the inspections and surveys.

2. Member States may only recognise those organisations
which fulfil the requirements set out in accordance with the
procedure referred to in paragraph 4 of this Article and which
have submitted to the national supervisory authorities a request
for recognition.

3.
A recognition granted by a national supervisory authority
is valid within the Community. National supervisory authorities
may entrust any of the recognised organisations located in the
Community to undertake the inspections and surveys under
paragraph 2 of Article 3 of this Regulation.

4.
Recognised organisations shall comply with the minimum
requirements set out in Annex II of this Regulation together
with any further measures defined in accordance with the
this Regulation,
procedure laid down in Article 19(2) of
including the procedures
recognition,
their monitoring and the working relationship and the
liability between recognised organisations and the national
supervisory authorities.

the granting of

for

Article 5

Safety requirements

The

Safety

Regulatory

Eurocontrol

1.
Requirements
(ESARRs) and subsequent Eurocontrol amendments to those
requirements shall be identified and adopted in accordance
with the procedure laid down in Article 19(2) of this Regu-
lation. The Commission shall publish the references of all
ESARRs thus made mandatory in the Official
the
European Communities.

Journal of

PART II

MODALITIES FOR THE PROVISION OF SERVICES

Article 7

System of authorisation

for

1.
In order to facilitate the establishment of a harmonised
the safe and efficient management and
environment
operation of air navigation services across the Community
the provision of air navigation services is subject to a system
of authorisation certifying the suitability of service providers to
provide such services.

2. Member States shall issue and monitor authorisations for
air navigation services. Authorisations can be granted for each
separate air navigation service as specified in Annex I of this
Regulation or for a bundle of such services.

3. Member States shall accept any authorisation granted in
the Community according to the requirements of this Article.
No air navigation service provider
established in the
Community
shall be permitted to operate within the
Community unless it has been granted the appropriate author-
isation. Without prejudice to international agreements and
conventions to which the Community is a contracting party,
providers of air traffic services shall be owned and continue to
be owned directly, or through majority ownership, by Member
States and/or nationals of Member States. They shall at all
times be effectively controlled by such Member States or
such nationals.

Air

service

navigation

providers meeting

4.
the
requirements of the system of authorisation shall be entitled
to be granted an authorisation for the purpose of providing air
air navigation service
navigation services. To that
providers shall apply to the national supervisory authority of
the Member State where they have their principal place of
operation and, if any, their registered office.

end,

The provisions of this Article are without prejudice to
2.
. . ./. . on establishing
Article 1(2) of Regulation (EEC)
common rules in the field of civil aviation and creating a
European Aviation Safety Agency.

5.
Authorisations shall specify the conditions in terms of
rights and obligations of air navigation service providers that
are objectively justified in order to meet the objectives of this
Regulation. The conditions attached to authorisations and the
procedures for their granting shall:

Article 6

Licensing and training of controllers

(a) comply with the general lines of approach set out in Annex

III of this Regulation;

The mobility of air traffic controllers together with enhanced
training conditions shall be developed on the basis of a

(b) be non-discriminatory, proportionate and transparent;

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(c) avoid any conflict of

in the management or
interest
operation of air navigation service providers and ensure
equitable access by all airspace users;

(d) reflect the public interest nature of air navigation services

and be harmonised.

The authorisation system, including harmonised conditions in
respect of the various air navigation services and the relevant
conditions and procedures for the granting of authorisations,
shall be established in accordance with the procedure laid
down in Article 19(2) of this Regulation.

Providers of air navigation services at the time of entry
6.
into force of this Regulation are authorised to continue to do
so, provided that
this
the adoption of
Article within a period of 6 months of
implementing rules
in accordance with
paragraph 5 of this Article.

they comply with the provisions of

for authorisations

Article 8

Designation of service providers

1.
The provision of air traffic services is subject to a system
of designation allowing the service provider to operate on an
exclusive basis within specific airspace blocks and defining the
obligations and requirements of the operation. Member States
shall designate authorised service providers to provide air
traffic services in respect of the airspace over their territory.
For this purpose, Member States may designate any service
providers holding a valid authorisation within the Community.

Air traffic services that are, at the time of entry into force
2.
of
this Regulation, operated by an air navigation service
provider in respect of specific airspace blocks shall entitle
that service provider to be designated for the same services
in the same airspace blocks for a maximum period of 3
years without prejudice to the application of the provisions
of Article 5 of Regulation (EEC) . . ./. . [airspace regulation].

3. With regard to ancillary services, meteorological services
and aeronautical information services, the granting of author-
isations confers to service providers the right of providing such
services within the Community, subject to their notification to
the relevant national supervisory authorities of the Member
States and to the Commission of
the airspace blocks in
respect of which such services will be provided.

Air navigation service providers

shall provide their
4.
services
in an open, non-discriminatory and transparent
manner. Such services shall be delivered in accordance with
the terms of the relevant authorisations and, where appro-
priate, of the relevant designations.

In respect of functional airspace blocks as laid down in
5.
accordance with Article 5 of Regulation (EEC) . . ./. . [airspace
regulation] and when the configuration of such functional
airspace blocks differ from that of airspace blocks assigned
on the basis of paragraphs 1 and 2, Member States shall
designate service providers to deliver air traffic services in
functional airspace blocks. When a functional airspace block
extends over the territory of more than one Member State, the
Member States concerned shall, within one month of the estab-
lishment of the functional airspace block, jointly designate the
service providers. Such service providers shall be immediately
notified to the Commission.

Article 9

Relations between service providers

Air navigation service providers may avail themselves of the
services of other service providers, in particular for ancillary
services, meteorological services and aeronautical information
services. In such cases, 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 the providers. These
arrangements shall comply with the relevant provisions of this
Regulation.

Article 10

Relations with military authorities

airspace where

1.
Air navigation service providers shall take the necessary
steps with a view to entering into written agreements or
equivalent legal arrangements with military authorities for the
blocks of
designated. These
arrangements shall set out
the specific obligations of each
party,
including the scope and procedures for exchanging
data and for the transfer of control following the adoption of
the measures referred to in Article 12 of Regulation (ECC)
. . ./. .
shall
arrangements
comply with the relevant provisions of this Regulation.

[framework regulation]. These

they

are

2.
As long as Member States have separate entities to
provide air traffic services to civil and military air traffic,
they shall
inform the Commission of the way in which the
co-operation between such entities is organised.

Article 11

Unbundling of accounts

1.
Air navigation service providers, whatever their system of
ownership or legal form, shall draw up, submit to audit and
publish their annual accounts in accordance with International
Accounting Standards (1) adopted by the Community.

(1) International Accounting Standards elaborated by the International

Accounting Standards Board based in London.

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in their

2. When providing a bundle of services, air navigation
service providers shall,
internal accounting, keep
separate accounts for each service as listed in Annex I of this
Regulation, and, where appropriate, consolidated accounts for
other, non-air navigation services, as they would be required to
do if the services in question were carried out by separate
undertakings. When providers of air traffic services operate
within functional airspace blocks, they shall, in their internal
accounting, keep separate accounts for each control centre
responsible for that block.

3.
Service providers shall
inform the Commission of the
liabilities, expenditure and
rules for the allocation of assets,
income which service providers follow in drawing up the
separate accounts referred to in paragraph 2.

States or

4. Member
they
any
designate, as well as the Commission, shall have a right of
access to the accounts of service providers.

competent

authority

Article 12

Access to and protection of data

1.
Operational data shall be exchanged in real-time between
service providers and between such service providers and
airspace users to facilitate the operational needs of both.

2.
Access to operational data shall be granted to all auth-
orised air navigation service providers, airspace users and other
operators concerned on a non-discriminatory basis.

3.
Each service provider shall establish standard conditions
of access to its operational data from other service providers
and airspace users. National
shall
approve such standard conditions. Detailed rules relating to
such conditions shall be established, where appropriate,
in
accordance with the procedure laid down in Article 19(2) of
this Regulation.

supervisory authorities

PART III

CHARGING REGIMES

Article 13

Charging regime

A charging regime for air navigation services shall be estab-
lished, in accordance with the requirements of Articles 14 and
15 of this Regulation, that contributes to the achievement of
greater
to the determination,
imposition and enforcement of charges to airspace users. This
charging regime shall also be consistent with the provisions of
Article 15 of the 1944 Chicago Convention on International
Civil Aviation.

transparency with respect

Article 14

General principles

1.

An equitable charging regime shall proceed:

(a) by the account of costs for air navigation services incurred

by service providers on behalf of airspace users;

(b) to an allocation of

the costs of air navigation services
among categories of users and the development of a
charging policy.

The following principles shall be applied when estab-

2.
lishing the cost-base for charges:

(a) The cost to be shared among airspace users shall be the full
cost of providing air navigation services, including appro-
priate amounts for
investment and
depreciation of assets, as well as the costs of maintenance,
operation, management and administration.

interest on capital

(b) The cost to be taken into account shall be those assessed in
relation to the facilities and services, provided for and
the
implemented under
ICAO Regional Air Navigation Plan, European Region
Doc No 7754, as amended on 16 December 1999.

the 24th edition of 1998 of

(c) The cost of different air navigation services

shall be
identified separately as provided for in Article 11 of this
Regulation.

(d) Cross-subsidy between different air navigation services shall

be clearly identified.

(e) Costs that are external to the operation of facilities and of
services to airspace users, such as environmental costs, shall
become a component of user charges in the most appro-
priate way.

(f) Air navigation services may produce sufficient revenues to
exceed all direct and indirect operating costs and to provide
for a reasonable return on assets to contribute towards
necessary capital improvements.

3.
Charges have to be established in accordance with the
principles of non-discrimination, cost-relatedness, transparency
and efficiency:

under

(a) Charges shall be set for the availability of air navigation
services
No
non-discriminatory
distinction shall be made between charges imposed on
different airspace users for the use of the same service in
relation to the nationality or category of the airspace user.

conditions.

(b) Charges shall reflect the cost of air navigation services and

facilities used by airspace users who generate them.

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(c) Transparency of

for

the

charges

shall be
cost-base
guaranteed. Standards shall be set out for the provision
of information, including existing and future data, by the
service providers in order
the
provider’s forecasts, actual costs and income. Information
shall be regularly exchanged between the national super-
visory authorities, service providers, airspace users,
the
Commission and Eurocontrol.

to conduct

reviews of

(d) Charges shall encourage the safe, efficient and effective
provision of air navigation services at the lowest possible
cost and stimulate integrated service provision. They can
provide incentives consisting of financial advantages and
disadvantages which apply to air navigation service
providers and/or airspace users. They can also provide
revenues to benefit projects designed to assist specific
categories of users and/or air navigation service providers
in order to improve collective air navigation infrastructures,
the provision of air navigation services and the use of
airspace.

4.
The necessary implementing rules in the fields covered by
this Article shall be established in accordance with the
procedure laid down in Article 19(2) of this Regulation.

Article 15

Review of charges

1.
The Commission shall provide for the continued review
of compliance of the charges with the principles and rules
referred to in Article 13 and 14 of this Regulation involving,
in particular, national supervisory authorities. The Commission
may also establish the necessary mechanisms for making use of
Eurocontrol expertise.

on

any

At the request of (a) Member State(s), which considers
2.
that the principles and rules have not been properly applied,
or on its own initiative the Commission shall carry out an
investigation
or
issue
non-application of the principles by service providers. Within
two months of receipt of a request and after consulting the
(cid:145)Single Sky Committee(cid:146) in accordance with the procedure laid
down in Article 19(4) of this Regulation, the Commission shall
take a decision on the application of Article 13 and 14 of this
the service provider may
Regulation and decide whether
continue to apply the principle or rule concerned.

non-compliance

of

3.
The Commission shall communicate its decision to the
Member States and to the service provider concerned. Any
Member State may refer the Commission’s decision to the
Council within a time limit of one month. The Council,
acting by a qualified majority, may take a different decision
within a period of one month.

PART IV

FINAL PROVISIONS

Article 16

Performance regime

Detailed rules for
information required
pursuant to Article 10 of Regulation (EEC) . . ./. . [framework

the submission of

shall be

established in accordance with the
regulation]
procedure laid down in Article 19(2) of this Regulation, with
a view to allowing the comparison and improvement of air
navigation service provision within the Single Sky. The
submission of this information shall:

(cid:151) promote the wide performance of a network of air navi-

gation service providers within the Community;

(cid:151) offer a prospect of

the ability of air navigation service

providers to deliver the required services;

(cid:151) improve the consultation process between airspace users

and air navigation service providers;

(cid:151) allow the identification and the promotion of best practice.

Article 17

Adjustment to technical progress

In order to make adaptations to technical developments

1.
adjustments may be made to:

(cid:151) the Annexes

such
amendments do not broaden the scope of this Regulation,

to this Regulation,

in so far as

(cid:151) the reference to the ICAO Regional Air Navigation Plan as

provided for in Article 14(2) of this Regulation,

in accordance with the procedure laid down in Article 19(2) of
this Regulation.

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

Article 18

Confidentiality

National

supervisory

1.
shall not disclose
information covered by the obligation of professional secrecy,
in particular information about service providers, their business
relations or their cost components.

authorities

2.
Paragraph 1 shall be without prejudice to the right of
national supervisory authorities to mandate disclosure where
it is essential for the purposes of fulfilling their duties, in which
case such disclosure shall be proportionate and shall have
regard to the legitimate interests of service providers in the
protection of their business secrets.

3.
Paragraph 1 shall not preclude publication of information
on the conditions and performance of service provision, which
does not
include information of a confidential nature as
required by Article 16 of this Regulation.

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Article 19

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
in compliance with Article 7(3) and Article 8
shall apply,
thereof.

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

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

shall apply,
thereof.

in compliance with Article 7(3) and Article 8

PART V

ENTRY INTO FORCE

Article 20

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

4. Where reference is made to this paragraph, the advisory
procedure laid down in Article 3 of Decision 1999/468/EC

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

ANNEX I

SCOPE AND DEFINITION OF AIR NAVIGATION SERVICES

Air traffic services

1. Area control services, means air traffic control for controlled flights in control areas. Air traffic control is a service
provided for the purpose of preventing collisions between aircraft, and on the manoeuvring area between aircraft and
obstructions, and expediting and maintaining an orderly flow of air traffic.

2. Approach control services, means air traffic control service for arriving or departing controlled flights.

3. Aerodrome control services, means air traffic control service for aerodrome traffic.

Other services

4. Search and rescue services, means a service to provide assistance to aircraft in distress and to survivors of aircraft

accidents.

5. Meteorological services, means a service to supply operators, flight crew members, air traffic services units, search and
rescue services units, airports and other concerned with the conduct or development of air navigation with the
meteorological information necessary for the performance of their respective functions.

6. Aeronautical

information services, means a service provided for the purpose of ensuring the flow of information

necessary for the safety, regularity, and efficiency of international air navigation.

Ancillary services

7. Communication services, means a communication service provided for any aeronautical purpose.

8. Navigation services, means a navigation service provided for any aeronautical purpose.

9. Surveillance services, means a surveillance service provided for any aeronautical purpose.

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MINIMUM REQUIREMENTS FOR RECOGNISED ORGANISATIONS

ANNEX II

The recognised organisation must:

(cid:151) be able to document extensive experience in assessing public and private entities in the air transport sectors, in
particular air navigation service providers, and in other similar sectors in one or more of the fields covered by this
Regulation;

(cid:151) have comprehensive rules and regulations for the periodic survey of the abovementioned entities, published and

continually upgraded and improved through research and development programmes;

(cid:151) not be controlled by air navigation service providers, or by others engaged commercially in the provision of air

navigation services or in air transport services;

(cid:151) be established with a significant technical, managerial, support and research staff commensurate to the tasks to be

carried out;

(cid:151) be managed and administered in such a way as to ensure the confidentiality of information required by the

administration;

(cid:151) be prepared to provide relevant information to the national supervisory authority and to the Commission;

(cid:151) have defined and documented its policy and objectives for, and commitment to, quality and has ensured that this

policy is understood, implemented and maintained at all levels in the organisation;

(cid:151) have developed,

implemented and maintains an effective internal quality system based on appropriate parts of
internationally recognised quality standards and in compliance with EN 45004 (inspection bodies) and with EN
29001, as interpreted by the IACS Quality System Certification Scheme Requirements;

(cid:151) be subject to certification of its quality system by an independent body of auditors recognised by the administration

of the Member State in which it is located.

CONDITIONS WHICH MAY BE ATTACHED TO AUTHORISATIONS

ANNEX III

1. General information relating to

(cid:151) the recipient of the authorisation;

(cid:151) a general description of the purpose of the authorisation;

(cid:151) confirmation of the authority of the issuing body to issue the authority;

(cid:151) comprehensive references to the governing legislation under which the authorisation is issued and under which it

will operate;

(cid:151) a clear specification of the period for which the authorisation is to run;

(cid:151) the notice period required for the authorised service provider to surrender the authorisation or for the national

supervisory authority to revoke it;

(cid:151) a definition of terms referred to in the authorisation.

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2. Conditions relating to:

(cid:151) the organisational structure and ownership of the service provider,

including the prevention of conflict of

interest;

(cid:151) the financial strength of the service provider and insurance in respect of liability risks;

(cid:151) the suitability of the holder of the authorisations, particularly in terms of past experience and credibility, safety

and quality management systems and processes, human resource policies;

(cid:151) the provision of information reasonably required for the verification of compliance with applicable conditions,
including the regular publication by the service providers of business plans, financial and operational data and
the reporting of safety occurrences;

(cid:151) the management of assets relevant to the provision of the authorised service,

including capital and human

resources;

(cid:151) the non-discriminatory access to services from airspace users and the required level of performance of such

service, including safety and interoperability levels;

(cid:151) ring-fencing or restriction of operation of business other than those related to the provision of air navigation

services;

(cid:151) any other legal conditions which are not specific to air navigation services;

(cid:151) measures taken by Member States in accordance with public interest requirements recognised by the Treaty
specifically in relation to public morality, public security, including the investigation of criminal activities, and
public policy.