Common Position (EC) No 29/2003 of 18 March 2003 adopted by the Council, acting in accordance with the procedure referred to in Article 251 of the Treaty establishing the European Community, with a view to adopting a regulation of the European Parliament and of the Council laying down the framework for the creation of the single European sky (the framework Regulation) (Text with EEA relevance)
Date: 2003-03-18
Institutions: Council of the European Union
Subjects: Eurocontrol, European standard, air space, air traffic, air transport, organisation of transport, trans-European network

3.6.2003

EN

Official Journal of the European Union

C 129 E/1

I

(Information)

COUNCIL

COMMON POSITION (EC) No 29/2003

adopted by the Council on 18 March 2003

with a view to adopting Regulation (EC) No . . ./2003 of the European Parliament and of the
laying down the framework for the creation of the single European sky (the
Council of . . .

framework Regulation)

(2003/C 129 E/01)

(Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
EUROPEAN UNION,

and military air navigation authorities in the Member
States, submitted its report in November 2000.

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

Having regard to the proposal from the Commission (1),

(3) Smooth operation of the air transport system requires air
navigation services allowing optimum use of Europe's
airspace and a consistent, high level of safety in air
travel, in keeping with the duty of general interest of air
navigation services, including public service obligations.

Having regard to the Opinion of the European Economic and
Social Committee (2),

Having regard to the Opinion of
Regions (3),

the Committee of

the

(4) The Single European Sky initiative should be developed in
line with the obligations stemming from the membership
of the Community and its Member States of Eurocontrol,
and in line with the principles laid down by the 1944
Chicago Convention on International Civil Aviation.

Acting in accordance with the procedure laid down in Article
251 of the Treaty (4),

(5) Decisions relating to the content, scope or carrying out of
military operations and training do not fall within the
sphere of competence of the Community.

Whereas:

(1)

Implementation of the common transport policy requires
an efficient air transport system allowing safe and regular
operation of air transport services, thus facilitating the free
movement of goods, persons and services.

(2) At

its Extraordinary Meeting in Lisbon on 23 and
the European Council called on the
24 March 2000,
forward proposals on airspace
Commission to put
traffic flow
management, air
management, based on the work of
the High Level
Group on the Single European Sky set up by the
Commission. This Group, made up largely of the civil

traffic control and air

(1) OJ C 103 E, 30.4.2002, p. 1.
(2) OJ C 241, 7.10.2002, p. 24.
(3) OJ C 278, 14.11.2002, p. 13.
(4) Opinion of the European Parliament of 3 September 2002 (not yet
published in the Official Journal), Council Common Position of 18
March 2003 and Decision of the European Parliament of . . . (not
yet published in the Official Journal).

(6) Airspace constitutes a limited resource, the optimum and
efficient use of which will be possible only if
the
requirements of
taken into account.
Member States should enhance civil-military cooperation
and, if and to the extent deemed necessary by all Member
States concerned,
facilitate cooperation between their
armed forces in all matters of air traffic management.

all users

are

(7)

For all these reasons, and with a view to extending the
Single European Sky to include a larger number of
the Community should, while taking
European States,
the developments occurring within Euro-
into account
lay down common objectives and an action
control,
programme to mobilise the efforts by the Community,
the Member States and the various economic stakeholders
in order to create a more integrated operating airspace: the
Single European Sky.

(8) Where Member States take action to ensure compliance
with Community requirements, the authorities performing
verifications of compliance should be sufficiently inde-
pendent of air navigation service providers.

C 129 E/2

EN

Official Journal of the European Union

3.6.2003

(9) Air traffic services are comparable to public authorities
requiring functional or
separation and are
organised according to very different legal forms in the
various Member States.

structural

to check the effectiveness of
of safety,
adopted and to propose further measures.

the measures

(10) Where

are

audits

independent

required relating to
providers of air navigation services,
inspections by the
official auditing authorities of the Member States where
those services are provided by the administration, or by
a public body subject to the supervision of the abovemen-
tioned authorities, should be recognised as independent
audits, whether the audit reports drawn up are made
public or not.

(11) It

is desirable to extend the Single European Sky to
European third countries, either within the framework of
participation by the Community in the work of Euro-
control, after the accession by the Community to Euro-
control, or by means of agreements concluded by the
Community with these countries.

(12) The accession of the Community to Eurocontrol

is an
important component in the creation of a pan-European
airspace.

(13) In the process of creating the Single European Sky, the
Community should, where
appropriate, develop the
highest level of cooperation with Eurocontrol in order to
ensure regulatory synergies and consistent approaches, and
to avoid any duplication between the two sides.

(14) In accordance with the conclusions of the High Level
Group, Eurocontrol is the body that has the appropriate
expertise to support
role as
regulator. Accordingly,
should be
developed, for matters falling within the remit of Euro-
control as a result of mandates to that organisation,
subject to the conditions to be included in a framework
of cooperation between the Commission and Eurocontrol.

the Community in its
implementing rules

(15) The drafting of the measures necessary in order to create
the Single European Sky requires broad-based consul-
tations of economic and social stakeholders.

(16) The social partners should be informed and consulted in
an appropriate way on all measures having significant
social implications. The Sectoral Dialogue Committee set
up under Commission Decision 1998/500/EC of 20 May
Sectoral Dialogue
1998 on
Committees promoting the Dialogue between the social
partners at European level (1) should also be consulted.

establishment

the

of

(17) The performance of the air navigation services system as a
whole at European level should be assessed on a regular
basis, with due regard to the maintenance of a high level

(18) The impact of the measures taken to apply this Regulation
should be evaluated in the light of reports to be submitted
regularly by the Commission.

(19) This Regulation does not affect the power of Member
States to adopt provisions in relation to the organisation
of their armed forces. This power may lead Member States
to adopt measures to ensure that their armed forces have
sufficient airspace for adequate education and training
purposes. Provision should therefore be made for a
safeguards clause to enable this power to be exercised.

(20) Arrangements for greater cooperation over the use of
Gibraltar airport were agreed in London on 2 December
1987 by the Kingdom of Spain and the United Kingdom
in a joint declaration by the Ministers of Foreign Affairs of
the two countries. Such arrangements have yet to enter
into operation.

level,

(21) Since the objective of this Regulation, namely the creation
of the Single European Sky, cannot be sufficiently achieved
by the Member States, by reason of the transnational scale
of the action, and can therefore be better achieved at
Community
detailed
take account of specific local
implementing rules that
conditions,
in
accordance with the principle of subsidiarity as set out
In accordance with the
in Article 5 of
in that Article,
principle of proportionality as set out
this Regulation does not go beyond what is necessary in
order to achieve this objective.

the Community may adopt measures

the Treaty.

allowing

while

for

(22) The measures necessary for the implementation of this
Regulation should be
adopted in accordance with
Council Decision 1999/468/EC of 28 June 1999 laying
down the procedures for the exercise of implementing
powers conferred on the Commission (2),

HAVE ADOPTED THIS REGULATION:

Article 1

Objective and scope

1.
The objective of the Single European Sky initiative is to
enhance current safety standards and overall efficiency for
general air traffic in Europe, to optimise capacity meeting the
requirements of all airspace users and to minimise delays. In
this Regulation is to
pursuit of
establish a harmonised regulatory framework for the creation
of the Single European Sky by 31 December 2004.

this objective,

the aim of

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

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

3.6.2003

EN

Official Journal of the European Union

C 129 E/3

The application of this Regulation and of the measures
2.
referred to in Article 3 shall be without prejudice to Member
States' sovereignty over their airspace and to the requirements
of the Member States relating to public order, public security
and defence matters, as set out in Article 11. This Regulation
and the abovementioned measures do not cover military
operations and training.

The application of this Regulation and of the measures
3.
referred to in Article 3 shall be without prejudice to the rights
and duties of Member States under
the 1944 Chicago
Convention on International Civil Aviation.

4.
The application of this Regulation and of the measures to
be adopted in accordance with Article 3 to the airport of
Gibraltar
is understood to be without prejudice to the
respective legal positions of the Kingdom of Spain and the
United Kingdom with regard to the dispute over sovereignty
over the territory in which the airport is situated.

Application of this Regulation and of the measures to be
5.
adopted in accordance with Article 3 to Gibraltar airport shall
be suspended until
the arrangements included in the Joint
Declaration made by the Foreign Ministers of the Kingdom
of Spain and the United Kingdom on 2 December 1987
enter into operation. The Governments of Spain and the
United Kingdom will
inform the Council of such date of
entry into operation.

Article 2

Definitions

For the purpose of this Regulation and of the measures referred
to in Article 3, the following definitions shall apply:

1.

‘air traffic control (ATC) service’ means a service provided
for the purpose of:

(a) preventing collisions:

— between aircraft, and

4.

5.

6.

7.

services;
traffic
‘air navigation services’ means
communication, navigation and surveillance
services;
meteorological services for air navigation; and aeronautical
information services;

air

‘air navigation service providers’ means any public or
private
for
general air traffic;

air navigation services

entity providing

‘airspace block’ means an airspace of defined dimensions,
in space and time, within which air navigation services are
provided;

‘airspace management’ means a planning function with the
primary objective of maximising the utilisation of available
airspace by dynamic time-sharing and, at times, the segre-
gation of airspace among various categories of airspace
users on the basis of short-term needs;

8.

‘airspace users’ means all aircraft operated as general air
traffic;

9.

‘air traffic flow management’ means a function established
with the objective of contributing to a safe, orderly and
traffic by ensuring that ATC
expeditious flow of air
capacity is utilised to the maximum extent possible, and
that the traffic volume is compatible with the capacities
declared by the appropriate air traffic service providers;

10.

‘air traffic management’ means the aggregation of
the
airborne and ground-based functions (air traffic services,
airspace management and air traffic flow management)
required to ensure the safe and efficient movement of
aircraft during all phases of operations;

11.

‘air traffic services’ means the various flight information
services, alerting services, air traffic advisory services and
ATC services
(area, approach and aerodrome control
services);

12.

‘area control service’ means an ATC service for controlled
flights in a block of airspace;

— in the manoeuvring area between aircraft and

obstructions; and

13.

‘approach control service’ means an ATC service for
arriving or departing controlled flights;

(b) expediting and maintaining an orderly flow of air

traffic;

14.

‘bundle of services’ means two or more air navigation
services;

2.

‘aerodrome control service’ means an ATC service for
aerodrome traffic;

3.

‘aeronautical
information service’ means a service estab-
lished within the defined area of coverage responsible for
the provision of
information and data
necessary for the safety, regularity, and efficiency of air
navigation;

aeronautical

15.

‘certificate’ means a document issued by a Member State in
law, which confirms
any form complying with national
that
the
requirements for providing a specific service;

an air navigation service provider meets

16.

‘communication services’ means aeronautical
fixed and
mobile services to enable ground-to-ground, air-to-ground
and air-to-air communications for ATC purposes;

C 129 E/4

EN

Official Journal of the European Union

3.6.2003

17.

traffic management network’

(‘EATMN’)
‘European air
means the collection of systems listed in Annex I to Regu-
lation (EC) No . . ./2003 of . . . on the interoperability of
the European Air Traffic Management network (the ‘inter-
operability Regulation’) (1) enabling air navigation services
in the Community to be provided, including the interfaces
at boundaries with third countries;

28.

18.

‘concept of operation’ means the criteria for the oper-
ational use of the EATMN or of part thereof;

29.

19.

‘constituents’ means tangible objects such as hardware and
intangible objects such as software upon which the inter-
operability of the EATMN depends;

20. Eurocontrol is the European Organisation for the Safety of
Air Navigation set up by the International Convention of
13 December 1960 relating to Cooperation for the Safety
of Air Navigation (2);

21.

22.

‘Eurocontrol's principles for establishing the cost-base for
route facility charges and the calculation of unit rates’
means
document
as
No 99.60.01/01 of 1 August 1999, issued by Eurocontrol;

principles

specified

the

in

‘flexible use of airspace’ 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 ‘Airspace Management Handbook for the application
of the Concept of the Flexible Use of Airspace’ issued by
Eurocontrol;

required of

‘interoperability’ means a set of functional, technical and
operational properties
and
constituents of the EATMN and of the procedures for its
operation, in order to enable its safe, seamless and efficient
Interoperability is achieved by making the
operation.
systems and constituents compliant with the essential
requirements;

systems

the

‘meteorological services’ means those facilities and services
that provide aircraft with meteorological forecasts, briefs
and observations as well as any other meteorological
information and data provided by States for aeronautical
use;

30.

‘navigation services’ means those facilities and services that
provide aircraft with positioning and timing information;

31.

‘operational data’ means information concerning all phases
of flight that are required to take operational decisions by
air navigation service providers, airspace users, airport
operators and other actors involved;

32.

‘procedure’, as used in the context of the interoperability
the
Regulation, means a standard method for either
technical or
in the
the operational use of
context of agreed and validated concepts of operation
requiring
the
EATMN;

uniform implementation

throughout

systems,

33.

‘putting into service’ means the first operational use after
the initial installation or an upgrade of a system;

23.

‘flight information region’ means an airspace of defined
dimensions within which flight information services and
alerting services are provided;

34.

‘route network’ means a network of specified routes for
channelling the flow of general air traffic as necessary for
the provision of ATC services;

24.

‘flight
level’ means a surface of constant atmospheric
pressure which is related to the specific pressure datum
of 1 013.2 hectopascals and is separated from other such
surfaces by specific pressure intervals;

25.

‘functional airspace block’ means an airspace block based
on operational requirements, reflecting the need to ensure
more integrated management of the airspace regardless of
existing boundaries.

26.

‘general air traffic’ means all movements of civil aircraft, as
well as all movements of State aircraft (including military,
customs and police aircraft) when these movements are
carried out
the
ICAO;

in conformity with the procedures of

35.

‘routing’ means the chosen itinerary to be followed by an
aircraft during its operation;

36.

‘seamless operation’ means the operation of the EATMN in
such a manner that from the user's perspective it functions
as if it were a single entity;

37.

‘sector’ means a subdivision of the totality of control tasks
into manageable airspace portions;

38.

‘surveillance services’ means those facilities and services
used to determine the respective positions of aircraft to
allow safe separation;

27.

‘ICAO’ means the International Civil Aviation Organi-
sation, as established by the 1944 Chicago Convention
on International Civil Aviation.

39.

the

‘system’ means
ground-based
equipment,
services for all phases of flight;

constituents,
that provides

aggregation

as well

support

of

airborne

and
space-based
for air navigation

as

(1) See page 26 of this Official Journal.
(2) Convention as amended by the Protocol of 12 February 1981, and

revised by the Protocol of 27 June 1997.

40.

‘upgrade’ means any modification that changes the oper-
ational characteristics of a system.

3.6.2003

EN

Official Journal of the European Union

C 129 E/5

Article 3

Fields for action by the Community

The period laid down in Article 5(6) of Decision 1999/468/EC
shall be set at one month.

1.
This Regulation establishes a harmonised regulatory
framework for the creation of the Single European Sky in
conjunction with:

(a) Regulation (EC) No . . ./2003 of the European Parliament
and of the Council of . . . on the organisation and use of
the airspace in the Single European Sky (‘the airspace Regu-
lation’) (1);

(b) Regulation (EC) No . . ./2003 of the European Parliament
and of the Council of . . . on the provision of air navigation
services in the Single European Sky (‘the service provision
Regulation’) (2) and

(c) the interoperability Regulation;

and with the implementing rules adopted by the Commission
on the basis of this Regulation and the measures referred to
above.

The measures referred to in paragraph 1 shall apply

2.
subject to the provisions of this Regulation.

Article 4

National Supervisory Authorities

1. Member States shall nominate or establish a body or
bodies as their national supervisory authority in order to
assume the tasks assigned to such authority under this Regu-
lation and under the measures referred to in Article 3.

2.
The national supervisory authorities shall be independent
of air navigation service providers. This independence shall be
achieved through adequate separation, at the functional level at
least, between the national supervisory authorities and such
providers. Member States shall ensure that national supervisory
authorities exercise their powers impartially and transparently.

3. Member States shall notify the Commission of the names
and addresses of the national supervisory authorities, as well as
changes
taken to ensure
compliance with paragraph 2.

thereto, and of

the measures

Article 5

Committee procedure

The Commission shall be assisted by a committee, here-
1.
inafter referred to as ‘the Single Sky Committee’, composed of
two representatives of each Member State and chaired by a
representative of the Commission.

2. Where reference is made to this paragraph, Articles 3 and
7 of Decision 1999/468/EC shall apply, having regard to the
provisions of Article 8 thereof.

3. Where reference is made to this paragraph, Articles 5 and
7 of Decision 1999/468/EC shall apply, having regard to the
provisions of Article 8 thereof.

(1) See page 11 of this Official Journal.
(2) See page 16 of this Official Journal.

The Single Sky Committee shall adopt

4.
procedure.

its

rules of

Article 6

Relations with European third countries

The Community shall endeavour, either within the framework
of agreements concluded with European third countries, or
within the context of Eurocontrol, to extend the scope of
to be adopted in
this Regulation, and of
accordance with Article 3, to those countries.

the measures

Article 7

Implementing rules

For the development of implementing rules pursuant to
1.
the
Article 3 which fall within the remit of Eurocontrol,
issue mandates to Eurocontrol setting out
Commission shall
the tasks to be performed and the timetable therefor. The
Commission shall act
in accordance with the procedure
referred to in Article 5(2).

the work completed pursuant
regarding the application of

to
2.
On the basis of
paragraph 1, decisions
the
results of such work within the Community and the deadline
for their implementation shall be taken in accordance with the
procedure referred to in Article 5(3). These decisions shall be
published in the Official Journal of the European Union.

Notwithstanding paragraph 2,

3.
if Eurocontrol cannot
accept a mandate that was issued to it under paragraph 1, or
if
in consultation with the Single Sky
the Commission,
Committee, considers that

(a) the work carried out on the basis of such mandate is not

progressing satisfactorily given the deadline set, or

(b) the results of the work carried out are not adequate,

the Commission, acting in accordance with the procedure
referred to in Article 5(3), may adopt alternative measures to
achieve the objectives of the mandate concerned.

For the development of implementing rules pursuant to
the
in accordance with the procedure

4.
Article 3 which fall outside the remit of Eurocontrol,
Commission shall act
referred to in Article 5(3).

Article 8

Consultation of stakeholders

The Member States, acting in accordance with their national
legislation, and the Commission shall establish consultation
mechanisms for appropriate involvement of stakeholders in
the implementation of the Single European Sky.

C 129 E/6

EN

Official Journal of the European Union

3.6.2003

Such stakeholders may include:

— air navigation service providers,

— airspace users,

— airports,

— manufacturing industry, and

— professional staff representative bodies.

this Regulation and of

The Commission shall periodically review the application
2.
of
the measures to be adopted in
accordance with Article 3, and shall report to the European
Parliament and to the Council, on the first occasion by . . . (*).
from the
For
Member States
to the information
contained in the reports submitted by them in accordance
with paragraph 1.

the Commission may request

information additional

this purpose,

For the purposes of drafting the reports referred to in
the opinion of

the Commission shall request

3.
paragraph 2,
the Single Sky Committee.

Consultation of stakeholders shall cover,
the
development and introduction of new concepts and tech-
nologies in the EATMN.

in particular,

4.
The reports shall contain an evaluation of the results
achieved by the actions taken pursuant to this Regulation in
the various fields of action in the light of the original objectives
and with a view to future needs.

Article 9

Performance review

The Commission shall ensure the examination and
1.
evaluation of air navigation performance, drawing upon the
existing expertise of Eurocontrol.

The analysis of the information collected for the purposes

2.
of paragraph 1 aims at:

(a) allowing the comparison and improvement of air navi-

gation service provision;

(b) assisting air navigation service providers to deliver the

required services;

(c)

improving the consultation process between airspace users,
air navigation service providers and airports;

(d) allowing the identification and the promotion of best

practice.

3. Without prejudice to the public's right of access to the
Commission's documents as laid down in Regulation (EC)
the
No 1049/2001 of
Council of 30 May 2001 regarding public
to
European Parliament, Council and Commission documents (1),
the Commission shall adopt, in accordance with the procedure
referred to in Article 5(3), measures for the dissemination to
interested parties of the information referred to in paragraph 2.

the European Parliament and of
access

Article 10

Supervision, monitoring

and methods

of

impact

assessment

The supervision, monitoring and methods of
shall be based on the submission of

1.
assessment
reports by the Member States on implementation of
actions taken pursuant to this Regulation.

impact
regular
the

Article 11

Safeguards

This Regulation shall not prevent the application of measures
by a Member State to the extent to which these are needed to
safeguard essential security or defence policy interests. Such
measures are in particular those which are imperative:

— for the surveillance of airspace that is under its responsi-
bility in accordance with ICAO Regional Air Navigation
agreements,
identify
and evaluate all aircraft using such airspace, with a view
to seeking to safeguard safety of flights and to take action
to ensure security and defence needs,

including the capability to detect,

— in the event of serious internal disturbances affecting the

maintenance of law and order,

— in the event of war or serious international tension consti-

tuting a threat of war,

— for the fulfilment of a Member State's international obli-
gations in relation to the maintenance of peace and inter-
national security,

— in order

to conduct military operations and training,

including the necessary possibilities for exercises.

Article 12

Entry into force

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

(1) OJ L 145, 31.5.2002, p. 43.

(*) Three years after the entry into force of this Regulation.

3.6.2003

EN

Official Journal of the European Union

C 129 E/7

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

Done at . . .

For the European Parliament

The President

For the Council

The President

C 129 E/8

EN

Official Journal of the European Union

3.6.2003

STATEMENT OF THE COUNCIL'S REASONS (1)

I. INTRODUCTION

the Council reached on
In the framework of
5 December 2002 a political agreement on the package of four draft Regulations aimed at creating
a ‘Single European Sky’.

the codecision procedure (Article 251 EC-Treaty),

In taking its position, the Council took account of the opinion of the European Parliament in first
reading on 3 September 2002, as well as of the opinions of the Committee of the Regions and of the
Economic and Social Committee.

The Single European Sky initiative envisages to enhance current safety standards and overall efficiency
for general air traffic in Europe, to optimise capacity meeting the requirements of all airspace users and
to minimise delays. Within this context, the main objectives of the four Regulations are 1) to improve
and reinforce safety, 2) to support the concept of a more integrated operating airspace within the
context of the common transport policy, 3) to establish common requirements for the safe and efficient
provision of air navigation services in the Community, and 4) to achieve interoperability between the
different systems, constituents and associated procedures of the European air traffic management
network.

II. ANALYSIS OF THE COMMON POSITION

1. General

The Council made a number of modifications to the proposals of the Commission, both regarding
form and substance. As far as the formal modifications are concerned, the Council endeavoured to
make the texts simpler, clearer and generally easier to understand. The Council rearranged the texts
considerably in order to enhance their logical disposition, and deleted a number of provisions with a
view to avoiding duplication.

With respect to the substantive modifications, the Council introduced certain modifications in order
to take care of specific requests by Member States. Modifications were also made in view of requests
by the military authorities of the Member States. The main modifications are set out hereafter with
respect
than the three specific
Regulations).

to each individual Regulation (first the framework Regulation,

2. Specific comments regarding the individual Regulations

(a) Regulation of the European Parliament and of the Council laying down the framework for the creation of

the Single European Sky (‘framework Regulation’)

The Council, being of the opinion that the provisions of the framework Regulation apply auto-
matically to the three specific Regulations as well, agreed to reinforce the ‘horizontal’ character of
the framework Regulation by transferring to it provisions that are common to those specific
Regulations.
In this sense, the Council agreed to shift all the definitions that were previously
contained in the three specific Regulations — and which the Council aligned as close as possible
to the ICAO definitions — to the framework Regulation. The Council also introduced new hori-
zontal Articles on national supervisory authorities and on consultation of stakeholders, and adapted
the Article on committee-procedure for application to all Regulations of the Single European Sky
(SES). The Articles ‘summarizing’ the contents of the specific Regulations were deleted, in order to
make the text of the framework Regulation clearer and to avoid duplication.

The Council could accept 31 December 2004 as the indicative date for the establishment of the
harmonised regulatory framework for the creation of the SES. The Council underlined that the
application of the SES Regulations is without prejudice to Member States' sovereignty over their
airspace, and recalled, in line with the amendment by Parliament, that these Regulations are without
prejudice to the rights and obligations stemming from the 1944 Chicago Convention. With regard
to military matters,
the SES Regulations do not prejudice the
requirements of the Member States relating to public order, public security and defence matters,
and stated that the Regulations do not cover military operations and training. The Council also
refined the safeguard clause. In addition, the Member States submitted a statement on civil-military
cooperation.

the Council underlined that

(1) This statement applies to all four common positions on the Regulations of the Single European Sky package.

3.6.2003

EN

Official Journal of the European Union

C 129 E/9

As regards the relationship with Eurocontrol, the Council agreed to reinforce considerably the
position of that organisation. To that effect, the Council
laid down arrangements for involving
Eurocontrol in the future work on implementing rules. In the Council's view, it has arrived at a
balanced text which should ensure that in all circumstances appropriate action is taken.

As regards the amendments of Parliament, the Council endeavoured to incorporate them to the
greatest extent possible. However — and this also applies to the specific Regulations — in
various cases this could not be done, because the relevant texts had been substantially modified
or had even been deleted. This being so, the Council was able to accept, to the letter or in substance,
(part of) amendments nos 1, 2, 3, 5, 6, 7, 8, 9, 10, 13, 26, 28, 31 and 33.

(b) Regulation of the European Parliament and of the Council on the organisation and use of the airspace in

the Single European Sky (‘airspace Regulation’)

The Council agreed that the scope of this Regulation should cover the airspace under the respon-
sibility of the Member States as included in the ICAO European and African Regions. The Council
added that Member States might decide to apply the Regulation to airspace under their responsi-
bility within other ICAO regions.

The Council substantially modified the Article on the establishment of
the European Upper
Information Region (EUIR), and specified that, with respect to the recognition of the EUIR by
in accordance with
ICAO, the Commission should submit a recommendation to the Council
Article 300 of the Treaty, as far as matters falling within the competence of the Community are
concerned. The Council also stressed that the establishment of the EUIR should not affect the
responsibilities of
the Council dissociated some
provisions, such as those relating to the division between upper and lower airspace, from the EUIR.

the Member States towards ICAO. Moreover,

With regard to the creation of functional airspace blocks, the Council agreed that decisions in this
field could not be imposed on individual States. Therefore, it stated that a functional airspace block
should only be established by mutual agreement between all the Member States who have respon-
sibility for any part of the airspace included in the block (or by a declaration of one Member State if
the airspace included in the block is wholly under its responsibility). However, in order to achieve
appropriate coordination regarding the establishment of a functional airspace block, the Council
specified that the Member State(s) concerned should only act after having consulted interested
parties,
including the Commission and the other Member States. The definition of common
general principles for the establishment and modification of functional airspace blocks should be
established by the general procedure on implementing rules involving Eurocontrol.

The Council decided deleting the provision on direct routing in view of the new approach taken by
Eurocontrol in this field.

In respect of the coordinated use of airspace by civil and military users, the Council emphasized the
uniform application of the concept of flexible use of airspace, as described by ICAO and as
developed by Eurocontrol. The Council also underlined that all action in this field, including the
establishment of implementing rules, should take place within the context of the common transport
policy.

Finally, the Council felt that it would be appropriate firstly to examine the progress in respect of the
application of this Regulation to the upper airspace, before taking a decision on the extension of the
scope of this Regulation to the lower airspace.

As to the amendments of Parliament, the Council was able to accept, to the letter or in substance, (part
of) amendments nos 36, 37, 41, 47, 49, 52, 53, 54, 56, 60, 61, 63 and 64.

(c) Regulation of the European Parliament and of the Council on the provision of air navigation services in

the Single European Sky (‘service provision Regulation’)

In line with the amendments by Parliament, the Council reviewed the Regulation in order to give
high priority to safety aspects. The Council excluded search and rescue services from the scope of
the Regulation, since these are not part of air navigation services and in some Member States belong
to the military.

C 129 E/10

EN

Official Journal of the European Union

3.6.2003

The Council specified the tasks of national supervisory authorities in respect of air navigation service
providers, and agreed to simplify the rules for the delegation of tasks by such authorities to
recognised organisations. The Council deleted the provision on licensing and training of controllers,
since this provision has a declaratory nature and, as such, has no place in the Regulation.

As regards the rules for the provision of services, the Council made the text clearer by establishing a
separate provision on ‘common requirements’, and by replacing the system of authorisation of air
navigation service providers by a system of certification of such service providers. The Council
agreed to exempt from such system cases where the provider of air navigation services offers those
services primarily to aircraft movements other than general air traffic.

With regard to the designation of air traffic service providers, the Council affirmed that the Member
States have discretionary powers in choosing a service provider, and agreed to extend this
prerogative with respect to the designation of providers of meteorological services.

The Council followed the Parliament's suggestion to ensure consistency of the charging scheme with
Eurocontrol's multilateral agreement on route charges. With regard to the establishment of the
cost-base for charges, the Council deleted the provisions on external costs. As far as ‘incentive-
mechanisms’ in the charging schemes are concerned, the Council agreed that the decision as to
whether to apply such mechanisms remains within the sole responsibility of each Member State.

As to the amendments of Parliament, the Council was able to accept, to the letter or in substance, (part
of) amendments nos 1, 2, 6, 7, 8, 9, 11, 15, 18, 19, 20, 21, 23, 25, 28, 29, 30, 32, 33, 34 and 35.

(d) Regulation of the European Parliament and of the Council on the interoperability of the European Air

Traffic Management network (‘interoperability Regulation’)

The Council made no substantial changes to the text as submitted by the Commission. However, it
reshuffled the text considerably in order to make it easier to understand.

The Council inserted more detailed provisions concerning transitional arrangements with a view to
protecting the investments made by Member States in the period before the entry into force of the
Regulation.

Like in the other specific Regulations, the Council felt that the consultation of stakeholders was an
issue of a horizontal nature, which should be dealt with in the framework Regulation.

To be noted finally that annexes I and II to the Regulation have been revised by an ad hoc experts
group, which refined the relevant texts.

As to the amendments of Parliament, the Council was able to accept, to the letter or in substance, (part
of) amendments nos 65, 67, 68, 69, 70, 71, 72 and 73.

III. CONCLUSION

The Council considers that the texts of its common position on the Single European Sky package are
appropriate and balanced. With respect to the amendments submitted by the European Parliament in
first reading, the Council observes that the large majority of these amendments are, as to their aim and
spirit, very similar to the corresponding provisions of the Council's common position. Therefore, the
Council holds the opinion that the texts of its common position ensure by and large that the aim
sought by these amendments is achieved.

Finally, the Council would like to underline that the agreement that it has reached in respect of
civil-military cooperation, which in its present
form is acceptable to all relevant parties in the
Member States, constitutes the fruit of much and hard work with respect to this very delicate issue.