Commission Regulation (EC) No 2150/2005 of  23 December 2005  laying down common rules for the flexible use of airspace   (Text with EEA relevance)
Date: 2005-12-23
Institutions: European Commission
Subjects: air space, air traffic, common transport policy

L 342/20

EN

Official Journal of the European Union

24.12.2005

COMMISSION REGULATION (EC) No 2150/2005

of 23 December 2005

laying down common rules for the flexible use of airspace

(Text with EEA relevance)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty
Community,

establishing the European

Having regard to Regulation (EC) No 551/2004 of the European
Parliament and of the Council of 10 March 2004 on the orga-
nisation and use of airspace in the single European sky (1) and
in particular Article 7(3) thereof,

Having regard to Regulation (EC) No 549/2004 of the European
Parliament and the Council of 10 March 2004 laying down the
framework for the creation of the single European sky (the
framework Regulation) (2),
and in particular Article 8(2)
thereof,

Whereas:

(1)

(2)

(3)

(4)

Flexible use of airspace is an airspace management
concept described by the International Civil Aviation
Organisation (ICAO) and developed by the European
Organisation for the Safety of Aviation (Eurocontrol),
according to which airspace should not be designated
as either purely civil or purely military airspace, but
should rather be considered as one continuum in
which all users’ requirements have to be accommodated
to the maximum extent possible.

Eurocontrol has been mandated in accordance with
Article 8(1) of Regulation (EC) No 549/2004 to assist
the Commission in the development of implementing
rules on flexible use of airspace. This Regulation takes
full account of
the resulting mandate report of 30
December 2004 issued by Eurocontrol.

This Regulation does not cover military operations and
training as referred to in Article 1(2) of Regulation (EC)
No 549/2004.

The Member States undertook, in a Statement on Military
Issues related to the Single European Sky (3), to cooperate
with each other, taking into account national military
the concept of
in order to ensure that
requirements,
flexible use of airspace is fully and uniformly applied
in all Member States by all users of airspace.

(5)

The report issued jointly by the Eurocontrol Performance
Review Unit and the Eurocontrol agency in October

(1) OJ L 96, 31.3.2004, p. 20.
(2) OJ L 96, 31.3.2004, p. 1.
(3) OJ L 96, 31.3.2004, p. 9.

that

there

2001 states
for
is
improving the current application of the flexible use of
airspace within Europe. Common rules for giving effect
to that improvement should now be adopted.

a significant

scope

(6)

(7)

(8)

(9)

the high seas.

The of the flexible use of airspace concept covers also
airspace over
Its application should
therefore be without prejudice to the rights and duties
of Member States under the Convention on International
Civil Aviation (Chicago Convention) of 7 December
1944 and its annexes, or to the 1982 UN Convention
on the Law of the Sea.

There are activities which require the reservation of a
volume of airspace for their exclusive or specific use
for determined periods, owing to the characteristics of
their flight profile or their hazardous attributes and the
need to ensure effective and safe separation from non-
participating air traffic.

Effective and harmonised application of flexible use of
the Community needs clear and
airspace throughout
consistent
for civil-military coordination which
should take into account all users’ requirements and
the nature of their various activities.

rules

Efficient civil-military coordination procedures should
rely on rules and standards to ensure efficient use of
airspace by all users.

(10)

is essential

It
to further cooperation between neigh-
bouring Member States and to take into account cross-
border operations when applying the concept of flexible
use of airspace.

(11) Differences in the organisation of civil-military coop-
eration in the Community restrict uniform and timely
airspace management.
to
identify the persons and/or organisations which are
responsible for the application of
the flexible use of
airspace concept in every Member State. This information
should be made available to the Member States.

therefore

essential

is

It

(12)

Consistent procedures for civil-military coordination and
use of common airspace are an essential condition for
the establishment of functional airspace blocks as defined
in Regulation (EC) No 549/2004.

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(13)

of

use

flexible

airspace

airspace
The
management at strategic, pre-tactical and tactical levels,
but
which
interdependent
are
management
and therefore need to be
performed coherently to ensure efficient use of airspace.

separate,
functions

addresses

closely

(14) Air-traffic management programmes under development
the
in European level cooperation should allow for
between
progressive
airspace management, air traffic flow management and
air traffic services.

achievement

consistency

of

(15) Where various aviation activities occur

in the same
airspace but meet different requirements, their coordi-
nation should seek both the safe conduct of flights and
the optimum use of available airspace.

(16) Accuracy of

information on airspace status and on
specific air traffic situations and timely distribution of
this information to civil and military controllers has a
direct impact on the safety and efficiency of operations.

(17)

(18)

(19)

is

Timely access to up-to-date information on airspace
status
for all parties wishing to take
advantage of airspace structures made available when
filing or re-filing their flight plans.

essential

The regular assessment of airspace use is an important
way of increasing confidence between civil and military
service providers and users and is an essential tool for
improving airspace design and airspace management.

The annual report on application of the flexible use of
airspace, as referred to in Article 7(2) of Regulation (EC)
No 551/2004,
information,
gathered in the light of the original objectives and with
users’
better
sole
the
requirements.

should contain relevant

accommodating

view of

use of airspace as defined in Article 2 point (22) of Regulation
(EC) No 549/2004, in order to facilitate airspace management
and air traffic management within the limits of the common
transport policy.

In particular, this Regulation sets out rules to ensure better
cooperation between civil and military entities responsible for
air traffic management that operate in the airspace under the
responsibility of Member States.

Article 2

Definitions

For the purpose of this Regulation the definitions estab-

1.
lished by Regulation (EC) No 549/2004 shall apply.

In addition to the definitions referred to in paragraph 1,

2.
the following definitions shall apply:

(a)

(b)

(c)

‘airspace management cell (AMC)’ means a cell responsible
for the day-to-day management of the airspace under the
responsibility of one or more Member States;

‘airspace reservation’ means a defined volume of airspace
temporarily reserved for exclusive or specific use by cate-
gories of users;

‘airspace restriction’ means a defined volume of airspace
within which, variously, activities dangerous to the flight
of aircraft may be conducted at specified times (a ‘danger
area’); or such airspace situated above the land areas or
territorial waters of a State, within which the flight of
aircraft is restricted in accordance with certain specified
conditions (a ‘restricted area’); or airspace situated above
the land areas or territorial waters of a State, within
which the flight of aircraft is prohibited (a ‘prohibited area’);

(20) A transitional period to meet requirements for coordi-
nation between civil air traffic services units and military
air traffic services units and/or controlling military units
should be provided.

(d)

‘airspace structure’ means a specific volume of airspace
designed to ensure the safe and optimal operation of
aircraft;

(21)

The measures provided for in this Regulation are in
accordance with the opinion of
Sky
Committee established by Article 5(1) of Regulation
(EC) No 549/2004,

Single

the

(e)

‘air traffic services unit’ (ATS unit) means a unit, civil or
military, responsible for providing air traffic services;

HAS ADOPTED THIS REGULATION:

Article 1

Subject-matter

This Regulation reinforces and harmonises the application,
within the Single European Sky, of the concept of the flexible

(f)

(g)

coordination’ means

‘civil-military
coordination
between civil and military parties authorised to make
decisions and agree a course of action;

the

‘controlling military unit’ means any fixed or mobile
military unit handling military air traffic and/or pursuing
other activities which, owing to their specific nature, may
require an airspace reservation or restriction;

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(h)

(i)

(j)

airspace’ means

‘cross-border
structure
extending across national borders and/or the boundaries
of flight information regions;

airspace

an

‘flight intention’ means the flight path and associated flight
data describing the planned trajectory of a flight to its
destination, as updated at any moment;

Article 4

Strategic airspace management (level 1)

1. Member States shall perform the following tasks:

(a)

ensure the overall application of the flexible use of airspace
concept at a strategic, pre-tactical and tactical level;

‘flight path’ means the path of an aircraft through the air,
defined in three dimensions;

(b)

regularly review users’ requirements;

(k)

‘real-time’ means the actual time during which a process or
event occurs;

(c)

approve the activities which require airspace reservation or
restriction;

(l)

‘separation’ means spacing between aircraft, levels or tracks;

(m) ‘users’ means civil or military aircraft operating in the air as

well as any other parties requiring airspace.

Article 3

Principles

The concept of ‘flexible use of airspace’ shall be governed by the
following principles:

(a) coordination between civil and military authorities shall be
organised at the strategic, pre-tactical and tactical levels of
airspace management
of
through
agreements and procedures in order to increase safety and
airspace capacity, and to improve the efficiency and flex-
ibility of aircraft operations;

establishment

the

(b) consistency between airspace management, air traffic flow
management and air traffic services shall be established and
maintained at
the three levels of airspace management
enumerated in point (a) in order to ensure, for the benefit
of all users, efficiency in airspace planning, allocation and
use;

(c)

the airspace reservation for exclusive or specific use of cate-
gories of users shall be of a temporary nature, applied only
during limited periods of time based on actual use and
released as soon as the activity having caused its estab-
lishment ceases;

(d) Member States shall develop cooperation for the efficient
and consistent application of the concept of flexible use
of airspace across national borders and/or the boundaries
of flight information regions, and shall in particular address
this cooperation shall cover all
cross-border activities;
relevant legal, operational and technical issues;

(d) define temporary airspace structures and procedures to
offer multiple airspace reservation and route options;

(e)

establish criteria and procedures providing for the creation
and the use of adjustable lateral and vertical limits of the
airspace required for accommodating diverse variations of
flight paths and short-term changes of flights;

(f)

assess the national airspace structures and route network
with the aim of planning for flexible airspace structures and
procedures;

(g) define the specific conditions under which the responsi-
bility for separation between civil and military flights
traffic services units or controlling
rests on the air
military units;

(h) develop cross-border

airspace use with neighbouring
Member States where needed by the traffic flows and
users’ activities;

(i)

(j)

coordinate their airspace management policy with those of
neighbouring Member States to jointly address use of
airspace across national borders and/or the boundaries of
flight information regions;

establish and make available airspace structures to users in
close cooperation and coordination with neighbouring
Member States where the airspace structures concerned
impact on the traffic across national
have a significant
borders
information
regions, with a view to ensuring optimum use of airspace
for all users throughout the Community;

the boundaries of

and/or

flight

(e) air traffic services units and users shall make the best use of

the available airspace.

(k)

establish with neighbouring Member States one common
set of standards for separation between civil and military
flights for cross-border activities;

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(l)

set up consultation mechanisms between the persons or
organisations as
referred to in paragraph 3 and all
relevant partners and organisations to ensure that users’
requirements are properly addressed;

(m) assess and review airspace procedures and performance of

flexible use of airspace operations;

(n) establish mechanisms to archive data on the requests, allo-
cation and actual use of airspace structures for further
analysis and planning activities.

The conditions referred to in point (g) shall be documented and
taken into account
in the safety assessment referred to in
Article 7.

allow the real-time activation, deactivation or reallocation of the
airspace allocated at pre-tactical level.

2. Member States shall ensure that the relevant controlling
military units and air traffic services units exchange any modi-
fication of the planned activation of airspace in a timely and
effective manner and notify to all affected users the current
status of the airspace.

3. Member States shall ensure the establishment of coordi-
nation procedures and the establishment of supporting systems
between air traffic service units and controlling military units in
order to ensure safety when managing interactions between civil
and military flights.

In those Member States where both civil and military
involved in airspace
for or
in paragraph 1 shall be

2.
authorities
management,
performed through a joint civil-military process.

responsible

the tasks

set out

are

shall

States

identify

and notify

3. Member
the
Commission those persons or organisations which are
responsible for the execution of tasks listed in paragraph 1.
The Commission shall maintain and publish a list of all
persons or organisations identified in order to further the coop-
eration between Member States.

to

Article 5

Pre-tactical airspace management (level 2)

1. Member States shall appoint or establish an airspace
management cell to allocate airspace in accordance with the
conditions and procedures defined in Article 4(1).

In those Member States where both civil and military authorities
are responsible for or involved in airspace management, this cell
shall take the form of a joint civil military cell.

Two or more Member States may establish a joint airspace

2.
management cell.

shall ensure that adequate supporting
3. Member States
systems are put in place to enable the airspace management
cell
to manage airspace allocation and to communicate in
good time the airspace availability to all affected users,
airspace management cells, air traffic service providers and all
relevant partners and organisations.

Article 6

4. Member States shall ensure that coordination procedures
are established between civil and military air traffic service units
so as to permit direct communication of relevant information
to resolve specific traffic situations where civil and military
controllers are providing services in the same airspace. This
relevant
in particular
where it is required for safety reasons, to civil and military
controllers and controlling military units through a timely
exchange of
including the position and flight
intention of the aircraft.

information shall be made available,

flight data,

5. Where cross-border activities take place, Member States
shall ensure that a common set of procedures to manage
time airspace
specific traffic situations and to enhance real
management is agreed between civil air traffic services units
and military air
controlling
military units which are concerned by those activities.

services units

and/or

traffic

Article 7

Safety assessment

Member States shall, in order to maintain or enhance existing
safety levels, ensure that, within the context of a safety
including hazard
management process, a safety assessment,
identification, risk assessment and mitigation,
is conducted,
before they introduce any changes to the operations of the
flexible use of airspace.

Article 8

Reporting

When reporting annually on the application of the flexible use
of airspace as referred to in Article 7(2) of Regulation (EC) No
551/2004, Member States shall provide the elements detailed in
the Annex to this Regulation.

Tactical airspace management (level 3)

Article 9

1. Member States shall ensure the establishment of civil-
military coordination procedures and communication facilities
between appropriate air traffic service units and controlling
military units permitting mutual provision of airspace data to

Compliance monitoring

Member States shall monitor compliance with this Regulation
by means of inspections, surveys and safety audits.

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Article 10

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.

Article 6 shall apply 12 months after the day of entry into force of this Regulation.

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

Done at Brussels, 23 December 2005.

For the Commission

Jacques BARROT
Vice-President

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ANNEX

LIST OF ELEMENTS REQUIRED FOR THE ANNUAL REPORT ON THE APPLICATION OF THE FLEXIBLE USE
OF AIRSPACE

— General description of the national organisation and responsibilities at level 1, level 2 and level 3 of the flexible use of

airspace concept.

— Evaluation of the functioning of agreements, procedures and supporting systems established at the strategic, pre-
tactical and tactical levels of airspace management. This evaluation shall be conducted with regard to safety, airspace
capacity, efficiency and flexibility of aircraft operations of all users.

— Problems encountered in the implementation of this Regulation, actions taken and need for changes.

— Outcome of national inspections, surveys and safety audits.

— Cooperation between Member States on airspace management and especially on the creation and management of

cross-border airspace and cross-border activities.