Commission Regulation (EC) No 730/2006 of  11 May 2006  on airspace classification and access of flights operated under visual flight rules above flight level 195   (Text with EEA relevance)
Date: 2006-05-11
Institutions: European Commission
Subjects: air safety, air space, air traffic control

16.5.2006

EN

Official Journal of the European Union

L 128/3

COMMISSION REGULATION (EC) No 730/2006

of 11 May 2006

on airspace classification and access of flights operated under visual flight rules above flight
level 195

(Text with EEA relevance)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

should be consistent for all flights carried out in such
airspace.

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 (the
airspace Regulation) (1), and in particular Article 4 thereof,

Having regard to Regulation (EC) No 549/2004 of the European
Parliament and of 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)

Chapter 2, paragraph 6 of Annex 11 (3) to the 1944
Chicago Convention on International Civil Aviation
requires the classification of airspace into air
traffic
services airspaces of defined dimensions, alphabetically
designated from Class A to Class G, within which
specific types of flights may operate and for which air
traffic services and rules of operation are specified.

The European Organisation for the Safety of Air Navi-
gation (Eurocontrol) has been mandated,
in accordance
with Article 8(1) of Regulation (EC) No 549/2004, to
examine a harmonised airspace classification scheme for
the Single European Sky. The resulting mandate reports
of 30 December 2004 and 30 April 2005 proposed the
introduction of Class C Airspace as the appropriate clas-
sification for airspace above flight level 195. This Regu-
lation takes full account of those reports. With a view to
being consistent in the application by the Member States
of such a classification,
is necessary to establish a
harmonised airspace classification and provide for the
access of flights operated under visual flight rules to it.

it

(4)

(5)

(6)

(7)

restrictions

Chapter 4, paragraph 5 of Annex 2 (4)
to the 1944
Chicago Convention on International Civil Aviation
introduces
related to Reduced Vertical
Separation Minimum Areas for flights operated under
visual flight rules (VFR flights) above flight level 290,
while paragraph 4 of that Chapter provides that VFR
flights above flight level 200 require authorisation.

The procedures for authorising access of VFR flights to
airspace above flight level 195, up to and including flight
level 285, need to be open and transparent across all
Member States without restricting legitimate access of
VFR flights or the flexibility of air traffic services.

Member States should ensure a safe transition towards
the classification of airspace above flight level 195 as
Class C Airspace. As Member States require time to
change their airspace classification,
the application of
this Regulation should be deferred until 1 July 2007.

The measures provided for in this Regulation are in
accordance with the opinion of
Sky
Committee,

Single

the

HAS ADOPTED THIS REGULATION:

Article 1

Subject matter and scope

1.
This Regulation establishes a harmonised airspace classifi-
cation to be applied above flight level 195 and lays down
harmonised requirements for access of flights operated under
visual flight rules to this airspace.

(3) Whilst no upper limit of the airspace is specified in this
Regulation, airspace classification above flight level 195

(1) OJ L 96, 31.3.2004, p. 20.
(2) OJ L 96, 31.3.2004, p. 1.
(3) 13th edition — July 2001 www.icao.int

2.
In accordance with Article 1(3) of Regulation (EC) No
551/2004, this Regulation shall apply in the airspace within
the International Civil Aviation Organisation European (ICAO
EUR) and African (ICAO AFI) regions where Member States are
responsible for the provision of air traffic services.

(4) 10th edition — July 2005 www.icao.int

L 128/4

EN

Official Journal of the European Union

16.5.2006

Article 2

Definitions

In addition to the relevant definitions set out in Article 2 of
Regulation (EC) No 549/2004, the following definitions shall
apply:

1.

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

2.

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

3.

4.

5.

rules

flight

‘instrument
flights’
(IFR flights) means any
flights operated under instrument flight rules as defined in
Annex 2 (1) to the 1944 Chicago Convention on Interna-
tional Civil Aviation;

‘flights operated under visual flight rules’ (VFR flights) means
any flights operated under visual flight rules as defined in
Annex 2 (2) to the 1944 Chicago Convention on Interna-
tional Civil Aviation;

‘airspace classification’ means the classification of airspace
into air
traffic services airspaces of defined dimensions,
alphabetically designated, and within which specific types
flights may operate and for which air traffic services
of
and rules of operation are specified; air
traffic services
airspaces are classified as Class A to G as defined by
Chapter 2, paragraph 6.1. of Annex 11 (3) to the Chicago
Convention on International Civil Aviation.

Article 3

Airspace classification above flight level 195

1. Member States shall classify all airspace above flight level
195 as Class C Airspace.

2.
Subject to Article 4, Member States shall ensure that in
Class C Airspace IFR and VFR flights are permitted, all of these
flights are provided with an air traffic control service and that
IFR flights are separated from other IFR flights and from VFR
flights.

VFR flights shall be separated from IFR flights and shall receive
traffic information in respect of other VFR flights.

Article 4

Access of VFR flights above flight level 195

In airspace above flight level 195 Member States may establish
an airspace reservation, where practical,
in which VFR flights
may be allowed.

In airspace above flight level 195, up to and including flight
level 285, VFR flights may also be authorised by the responsible
air traffic services unit in accordance with the authorisation
procedures established and published by Member States in the
relevant aeronautical information publication.

Article 5

Entry into force and application

This Regulation shall enter into force on the 20th day following
its publication in the Official Journal of the European Union.

It shall apply from 1 July 2007.

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

Done at Brussels, 11 May 2006.

For the Commission

Jacques BARROT
Vice-President

(1) 10th edition — July 2005 www.icao.int
(2) 10th edition — July 2005 www.icao.int
(3) 13th edition — July 2001 www.icao.int