Proposal for a Regulation of the European Parliament and of the Council amending Regulations (EC) No 549/2004, (EC) No 550/2004, (EC) No 551/2004 and (EC) No 552/2004 in order to improve the performance and sustainability of the European aviation system {SEC(2008) 2093} {SEC(2008) 2094}
Date: 2008-06-25
Institutions: European Commission
Subjects: EU financing, air safety, air space, air traffic, air transport, common transport policy, organisation of transport, trans-European network

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COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 25.6.2008 
COM(2008) 388 final 

2008/0127 (COD) 

Proposal for a  

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

amending Regulations (EC) No 549/2004, (EC) No 550/2004, (EC) No 551/2004 and (EC) 
No 552/2004 in order to improve the performance and sustainability of the European 
aviation system 

(presented by the Commission) 

{SEC(2008) 2093} 
{SEC(2008) 2094} 

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2008/0127 (COD) 

Proposal for a  

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

amending Regulations (EC) No 549/2004, (EC) No 550/2004, (EC) No 551/2004 and (EC) 
No 552/2004 in order to improve the performance and sustainability of the European 
aviation system 

(Text with EEA relevance) 

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 the European Economic and Social Committee1, 
Having regard to the Opinion of the Committee of the Regions2
Acting in accordance with the procedure laid down in Article 251 of the Treaty3

, 

, 

Whereas: 

(1) 

(2) 

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

The  adoption  by  the  European  Parliament  and  the  Council  of  Regulation  (EC)  No 
549/2004  laying  down  the  framework  for  the  creation  of  the  Single  European  Sky4, 
Regulation (EC) No 550/2004 on the provision of air navigation services in the Single 
European  Sky5,  Regulation  (EC)  No  551/2004  on  the  organisation  and  use  of  the 
airspace  in  the  single  European  sky6,  and  Regulation  (EC)  No  552/2004  on  the 
interoperability of the European air traffic management network7 (the first package of 
the  single  European  sky  legislation)  laid  down  a  firm  legal  basis  for  a  seamless, 
interoperable and safe air traffic management (ATM) system.  

(3) 

In order to complete the creation of the single European sky, it is necessary to adopt 
additional measures at Community level, in particular to improve the performance of 
the  European  aviation  system  in  key  areas  such  as  safety,  capacity,  flight  and  cost 
efficiency and environment within the overriding safety objectives. 

1 
2 
3 
4 
5 
6 
7 

OJ C… 
OJ C… 
OJ C…. 
OJ L 96, 31.3.2004, p. 1. 
OJ L 96, 31.3.2004, p. 10. 
OJ L 96, 31.3.2004, p. 20. 
OJ L 96, 31.3.2004, p. 26. 

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(4) 

(5) 

(6) 

(7) 

(8) 

(9) 

In response to strong demand from industry, Member States and other stakeholders to 
simplify  and  increase  the  effectiveness  of  the  regulatory  framework  for  aviation  in 
Europe,  the  High  Level  Group  on  the  future  of  the  European  aviation  regulatory 
framework (hereinafter "the High Level Group") was established in November 2006. 
This Group, made up of representatives of most stakeholder groups, submitted a report 
in July 2007 containing a set of recommendations on how to improve the performance 
and governance of the European aviation system. 

At  its  meeting  of  7  April  2008  the  Council  of  the  European  Union  invited  the 
Commission  to  develop,  in  accordance  with  the  recommendations  of  the  High  Level 
Group,  an  overall  system  approach  in  line  with  the  gate-to-gate  concept  to  enhance 
safety, improve ATM and to increase cost efficiency. 

Council Regulation (EC) No 219/2007 of 27 February 2007 on the establishment of a 
Joint  Undertaking  to  develop  a  new-generation  European  air  traffic  management 
system  (SESAR)8  calls  for  the  development  and  implementation  of  an  ATM  Master 
Plan.  The  implementation  of  the  ATM  Master  Plan  requires  regulatory  measures  to 
introduction  and  financing  of  new  concepts  and 
support 
technologies.  It  should  result  in  a  system  composed  of  fully  harmonised  and 
interoperable components, which guarantee high performance air transport activities in 
Europe. 

the  development, 

The High Level Group recommended according the environment the same importance 
as safety and efficiency in the aviation system and insisted that industry and regulators 
should  work  together  to  ensure  that  ATM  contributes  as  much  as  possible  to 
sustainability. 

To ensure the consistent and sound oversight of service provision across Europe, the 
national  supervisory  authorities  should  be  guaranteed  sufficient  independence  and 
resources. 

The  social  partners  should  be  better  informed  and  consulted  on  all  measures  having 
significant  social  implications.  The  Sectoral  Dialogue  Committee  set  up  under 
Commission  Decision 98/500/EC  of  20  May  1998  on  the  establishment  of  Sectoral 
Dialogue Committees promoting the Dialogue between the social partners at European 
level9 should also be consulted. 

(10)  To  drive  improved  performance  of  ATM  and  air  navigation  services  (ANS),  it  is 
necessary to establish a framework for the definition, implementation and enforcement 
of  binding  performance  targets  in  key  performance  areas  in  line  with  International 
Civil  Aviation  Organisation's  (ICAO)  policies.  An  indispensable  feature  of  such  a 
framework should be an appropriate mechanism for reporting, examining, evaluating 
and disseminating performance data of ATM and ANS along with relevant incentives 
and disincentives to encourage achievement of the targets. 

(11) 

(12) 

8 
9 

It  is  necessary  to  adapt  the  first  package  of  the  single  European  sky  legislation  to 
technical progress. 

It should be clarified that Member States may not refuse to designate an air navigation 
service  provider  on  the  grounds  that  it  is  established  in  another  Member  State  or  is 
owned by nationals of that Member State. 

OJ L 64, 2.3.2007, p. 1. 
OJ L 225, 12.8.1998, p. 27. Decision as last amended by Commission Regulation (EC) No 1792/2006 
(OJ L 362, 20.12.2006, p. 1).  

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(13)  The  functional  airspace  blocks  are  key  enablers  to  enhance  cooperation  between  air 
navigation  service  providers  in  order  to  improve  performance  and  create  synergies. 
Member  States should  establish  functional airspace blocks by the end of 2012 at the 
latest.  

(14) 

If  the  improvement  of  performance,  in  particular  the  implementation  of  the  ATM 
Master  Plan  exceeds  the  resources  currently  available,  provisions  should  be  made  to 
finance common projects. 

(15)  The reports of the Eurocontrol Performance Review Commission and the final report 
of the High Level Group confirm that the route network and airspace structure cannot 
be developed in isolation,  as  each  individual Member State is an integral element of 
the European Air Traffic Management Network (EATMN), both inside and outside the 
Community. 

(16)  A progressively more integrated operating airspace should therefore be established for 

general air traffic. 

(17)  A  European  Flight  Information  Region  (EFIR)  encompassing  the  airspace  under  the 
responsibility of the Member States should facilitate common planning and integrated 
operations in order to overcome regional bottlenecks. 

(18)  Airspace  users  face  disparate  conditions  of  access  to,  and  freedom  of  movement 
within, Community airspace. This is due to the lack of harmonised Community rules 
of  the  air,  in  particular  a  harmonised  classification  of  airspace.  The  Commission 
should therefore harmonise such rules on the basis of ICAO standards. 

(19)  The  EATMN  should  be  designed  and  implemented  with  a  view  to  the  efficiency, 
safety  and  environmental  sustainability  of  the  whole  air  transport  network.  As 
highlighted  in  the  Eurocontrol  Performance  Review  Commission's  report  on 
'Evaluation  of  Functional  Airspace  Block  Initiatives  and  their  Contribution  to 
Performance  Improvement',  this  could  be  best  ensured  through  coordinated  air 
transport network management at Community level. 

(20) 

It is essential to achieve a common, harmonised airspace structure in terms of routes, 
to  base  the  present  and  future  organisation  of  airspace  on  common  principles,  to 
ensure the progressive implementation of the ATM Master Plan, to optimise the use of 
scarce  resources  to  avoid  unnecessary  equipage  costs,  and  to  design  and  manage 
airspace in accordance with harmonised rules. To this end the Commission should be 
responsible for adopting the necessary rules and implementing decisions with legally 
binding effect. 

(21)  The High Level Group recommended building new or enhanced functions on existing 
foundations  and  empowering  Eurocontrol,  while  positioning  the  Community  as  the 
single  regulator  and  respecting the  principle  of  separation  of  regulation  from  service 
provision. Accordingly, the Commission should entrust a reformed Eurocontrol, which 
has new governance arrangements in place, with the execution of tasks related to the 
functions  mentioned  in  the  previous  recital,  which  do  not  involve  the  adoption  of 
binding  measures  of  a  general  scope  or  the  exercise  of  political  discretion.  The 
execution  of  these  tasks  by  Eurocontrol  should  be  done  in  an  impartial  and  cost-
effective manner and with the full involvement of the airspace users and air navigation 
service providers. 

(22)  Adequate  measures  should  be  introduced  to  improve  the  effectiveness  of  air  traffic 
flow  management  in  order  to  assist  existing  operational  units,  including  the 
Eurocontrol  Central  Flow  Management  Unit,  to  ensure  efficient  flight  operations. 

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Furthermore,  the  Commission  communication  on  an  action  plan  for  airport  capacity, 
efficiency  and  safety  in  Europe10  highlights  the  need  to  ensure  consistency  between 
flight plans and airport slots. 

(23)  The  lack  of  modern,  complete,  high-quality  and  timely  aeronautical  information 
affects  safety  and  causes  airspace  users  to  face  disparate  conditions  for  access  to 
Community airspace and freedom of movement within it. Taking account of the ATM 
Master  Plan,  the  Community  should  take  the  initiative  to  modernise  this  sector  in 
cooperation  with  Eurocontrol  and  ensure  that  users  are  able  to  access  these  data 
through  a  single  public  point  of  access,  providing  a  modern,  user-friendly  and 
validated integrated briefing. 

(24)  To avoid unnecessary administrative burden and overlapping verification procedures, 
certificates issued in accordance with Regulation (EC) No 216/2008 of the European 
Parliament  and  of  the  Council  of  20  February  2008  on  common  rules  in  the  field  of 
civil  aviation  and  establishing  a  European  Aviation  Safety  Agency,  and  repealing 
Council  Directive  91/670/EEC,  Regulation  (EC)  No  1592/2002  and  Directive 
2004/36/EC11  should  be  accepted  for  the  purposes  of  the  present  Regulation,  where 
they apply to constituents or systems. 

(25)  The  High  Level  Group  recommended  in  its  final  report  to  the  Commission  that  the 
SESAR  programme  should  specifically  address  the  definition  of  interoperable 
procedures, systems and information exchange within Europe and with the rest of the 
world.  This  should  also  include  the  development  of  relevant  standards  and  the 
identification of new implementing rules or Community specifications in the context 
of the single European sky. 

(26)  The measures necessary for the implementation of this Regulation should be adopted 
in accordance with Council Decision 1999/468/EC laying down the procedures for the 
exercise of implementing powers conferred on the Commission12. 

(27) 

In particular, power should be conferred on the Commission to update measures due to 
technical  or  operational  developments  as  well  as  to  lay  down  the  basic  criteria  and 
procedures  for  the  exercise  of  certain  management  network  functions.  Since  those 
measures are of a general scope and are designed to amend non-essential elements of 
this Regulation or to supplement this Regulation by the addition of new non-essential 
elements,  they  must  be  adopted  in  accordance  with  the  regulatory  procedure  with 
scrutiny provided for in Article 5a of Decision 1999/468/EC. 

(28)  When  on  imperative  grounds  of  urgency  the  normal  time  limits  for  the  regulatory 
procedure with scrutiny cannot be complied with, the Commission should be able to 
use the urgency procedure provided for in Article 5a(6) of Decision 1999/468/EC. 

(29)  Regulations (EC) No 549/2004, (EC) No 550/2004, (EC) No 551/2004 and (EC) No 

552/2004 should therefore be amended accordingly. 

10 
11 
12 

COM(2006) 819. 
OJ L 79, 19.3.2008, p. 1. 
OJ  L  184,  17.7.1999,  p.  23.  Decision  as  amended  by  Decision  2006/512/EC  (OJ  L  200,  22.7.2006, 
p. 11). 

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HAVE ADOPTED THIS REGULATION: 

Regulation (EC) No 549/2004 is amended as follows: 

(1) Article 1(1) is replaced by the following: 

Article 1 

'1.  The  objective  of  the  single  European  sky  initiative  is  to  enhance  current  air 
transport  safety  standards,  to  contribute  to  the  sustainable  development  of  the  air 
transport  system  and  to  improve  the  overall  performance  of  the  air  traffic 
management (ATM) and air navigation services (ANS) system for general air traffic 
in Europe, with a view to meeting the requirements of all airspace users. In pursuit of 
this objective, this Regulation establishes a harmonised regulatory framework for the 
creation of the single European sky.' 

(2) Article 2 is amended as follows: 

(a) 

point 8 is replaced by the following: 

'8. 

'airspace users' means operators of aircraft operated as general air traffic;' 

(b)  point 10 is replaced by the following: 

'10. 
'air  traffic  management  (ATM)'  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;' 

(c) 

the following point 13a is inserted: 

'13a.  'ATM  Master  Plan'  means  the  plan  to  be  endorsed  by  the  Council  in
accordance with Article 1(2) of Council Regulation (EC) No 219/2007;' 

(d)  point 21 is deleted. 

(e) 

point 22 is replaced by the following: 

'22. 
'flexible use of airspace' means an airspace management concept applied in the 
European Civil Aviation Conference area on the basis of the 'Airspace Management 
Handbook for the application of the Concept of the Flexible Use of Airspace' issued 
by Eurocontrol;' 

(f) 

point 25 is replaced by the following: 

'functional  airspace  block'  means  an  airspace  block  based  on  operational 
'25. 
requirements and established regardless of State boundaries, where the provision of 
air  navigation  services  and  related  ancillary  functions  are  optimised  and/or 
integrated;' 

(g)  point 37 is deleted. 

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(3) Article 4 is replaced by the following: 

'Article 4  

Designation and independence of national supervisory authorities 

1. Member States shall, at their choice, jointly or individually, nominate or establish 
a body or bodies as their national supervisory authority in order to assume the tasks 
assigned to such authority under this Regulation and under the measures referred to 
in Article 3(1). 

2.  Member  States  shall  ensure  that,  when  carrying  out  the  tasks  referred  to  in 
paragraph 1, the national supervisory authorities are at least functionally independent 
from any other public or private entity.  

3. Member States shall ensure that the national supervisory authorities exercise their 
powers  impartially  and  transparently.  They  shall  also  ensure  that  the  staff  of  the 
national supervisory authorities and the persons responsible for their management act 
independently, impartially and transparently. 

4.  Member  States  shall  ensure  that  national  supervisory  authorities  have  adequate 
human and financial resources to carry out their duties. 

5.  Member  States  shall  notify  the  Commission  of  the  names  and  addresses  of  the 
national  supervisory  authorities,  as  well  as  changes  thereto,  and  of  the  measures 
taken to ensure compliance with paragraphs 2, 3 and 4.' 

(4) In Article 5, paragraph 4 is replaced by the following: 

'4.  Where  reference  is  made  to  this  paragraph,  Article 5a(1)  to  (4)  and  Article 7  of 
Decision  1999/468/EC  shall  apply,  having  regard  to  the  provisions  of  Article 8 
thereof. 

5. Where reference is made to this paragraph, Article 5a(1), (2), (4),(6) and Article 7 
of  Decision  1999/468/EC  shall  apply,  having  regard  to  the  provisions  of  Article 8 
thereof.' 

(5) Article 6 is replaced by the following: 

'Article 6 

Industry Consultation Body 

Without prejudice to the role of the Committee and of Eurocontrol, the Commission 
shall  establish  an  'industry  consultation  body',  to  which  air  navigation  service 
providers,  associations  of  airspace  users,  airports,  the  manufacturing  industry  and 
professional staff representative bodies shall belong. The role of this body shall be to 
advise the Commission on the implementation of the single European sky.' 

(6) Article 8 is replaced by the following: 

'Article 8 

Implementing rules 

1. The Commission shall adopt implementing rules where expressly provided in this 
Regulation  or  in  the  Regulations  referred  to  in  Article 3,  or  where  it  is  otherwise 
necessary in order to achieve the objectives of those Regulations. 

2. For the development of implementing rules the Commission may issue mandates 
to Eurocontrol setting out the tasks to be performed and the timetable for this. In this 

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connection, it shall endeavour to make best use of the arrangements of Eurocontrol 
for  the  involvement  and  consultation  of  all  interested  parties,  where  these 
arrangements correspond to Commission practices on transparency and consultation 
procedures  and  do  not  conflict  with  its  institutional  obligations.  The  Commission 
shall act in accordance with the procedure referred to in Article 5(2). 

3.  On  the  basis  of  the  work  completed  pursuant  to  paragraph 2,  decisions  on  the 
application  of  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). 

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

(a) 

if  Eurocontrol  cannot  accept  a  mandate  that  was  issued  to  it  under 
paragraph 2, or  

(b) 

if the Commission, in consultation with the Committee, considers that: 

(i) 

the  work  carried  out  on  the  basis  of  such  a  mandate  is  not 
progressing satisfactorily given the deadline set, or 

(ii) 

the results of the work carried out are not adequate. 

5.  The  Commission  shall  act  in  accordance  with  the  procedure  referred  to  in 
Article 5(3): 

(a)  when the Commission decides not to issue a mandate to Eurocontrol 

under paragraph 2, or 

(b)  when the implementing rules to be adopted fall outside the remit of 

Eurocontrol.'  

(7) Article 10 is amended as follows: 

(a) 

(b) 

in the second paragraph, the second indent is replaced by the following: 
'- all groups of airspace users,' 

the third subparagraph is replaced by the following: 
'Consultation of stakeholders shall cover, in particular, the development 
and introduction of new concepts and technologies in the EATMN and 
shall include mechanisms for appropriate involvement of the specific 
Sectoral Dialogue Committee, set up under Commission Decision 
98/500/EC*.' 

________________ 

* 

OJ L 225, 12.8.1998, p. 27. 

(8) Article 11 is replaced by the following: 

'Article11 
Performance scheme 

1.  To  improve  the  performance  of  air  navigation  services  and  network  functions  in 
the  single  European  sky,  the  Commission  shall  set  up  a  performance  scheme.  The 
scheme shall include the following elements in particular: 

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(a)  periodic  review,  monitoring  and  benchmarking  of  performance  of  air 
navigation  services  and  network  functions  as  well  as  ad-hoc  studies  to 
deal with specific issues; 

(b)  procedures  and  responsibilities  for  collection,  validation,  examination, 
evaluation  and  dissemination  of  data  related  to  performance  of  air 
navigation  services  and  network  functions  from  all  relevant  parties, 
including  airport  operators,  airport  coordinators,  air  navigation  service 
providers, airspace users, national supervisory authorities, Member States 
and Eurocontrol; 

(c) 

appropriate  key  performance  areas  on  the  basis  of  ICAO  Document  
N°  9854  'Global  Air  Traffic  Management  Operational  Concept'**, 
adapted where necessary in order to take into account the specific needs 
of the single European sky and relevant objectives for these areas; 

(d)  key performance indicators for measuring performance and set targets; 

(e) 

their  respective 
setting  of  Community-wide  performance 
reference period covering a minimum of three years and a maximum of 
five  years  and  appropriate  convergence  criteria  in  accordance  with  the 
procedure referred to in Article 5(3);  

targets, 

(f) 

criteria for the national supervisory authorities' preparation of national or 
regional performance plans. These plans shall in particular: 

- be based on the business plans of the service providers; 

- address all the cost components of the national or regional cost base; 

- include binding performance targets consistent with the Community-

wide performance targets; 

- be subject to consultation with air navigation service providers, airspace 

users' representatives, airport operators and airport coordinators; 

(g) 

criteria  and  procedures  for  the  assessment,  approval,  monitoring  and 
enforcement of the national or regional performance plans, including: 

(i) 

(ii) 

assessment  by  the  Commission  of  the  national  or  regional 
performance plans to ensure that at least they collectively meet the 
Community-wide targets; 

the  Commission  of 

approval  by 
the  national  or  regional 
performance plans, in accordance with the procedure referred to in 
Article 5(3); 

(iii)  monitoring  of  the  implementation  of  the  national  or  regional 
performance plans, including appropriate alert mechanisms; 

(iv)  assessment of the achievement of the performance targets annually 
and at the end of the reference period and setting of new targets for 
the next reference period;  

(v) 

including  appropriate 

corrective  measures, 
incentives  and/or 
disincentives, to be applied by Member States in the event that the 
national or regional targets are not met yearly or at the end of the 
reference period. 

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2.  Without  prejudice  to  the  role  of  the  Committee,  the  Commission  may  designate 
Eurocontrol or another competent public entity to act as a 'performance review body'. 
The  role  of  the  performance  review  body  shall  be  to  assist  the  Commission  in  the 
implementation  of  the  performance  scheme  referred  to  in  paragraph 1.  The 
Commission shall ensure that the performance review body acts independently when 
carrying out the tasks entrusted to it by the Commission.  

3.  The  Commission  shall  adopt  detailed  implementing  rules  for  this  Article in 
accordance with Article 8.' 

_______________________ 

**First edition 2005. 

(9) In Article 12, paragraph 4 is replaced by the following: 

'4. The reports shall contain an evaluation of the results achieved by the actions taken 
pursuant to this Regulation including appropriate information about developments in 
the  sector,  in  particular  concerning  economic,  social,  environmental,  employment 
and  technological  aspects,  as  well  as  about  quality  of  service,  in  the  light  of  the 
original objectives and with a view to future needs.' 

Regulation (EC) No 550/2004 amended as follows: 

(1) In Article 2, paragraph 3 is replaced by the following: 

Article 2 

'3.  In  respect  of  functional  airspace  blocks  that  extend  across  the  airspace  falling 
under  the  responsibility  of  more  than  one  Member  State,  the  Member  States 
concerned  shall  conclude  an  agreement  on  the  supervision  provided  for  in  this 
Article with regard to the air navigation service providers providing services relating 
to  those  blocks.  Further,  these  Member  States  shall  endeavour  to  conclude  an 
agreement on the supervision provided  for  in this  Article,  mutually  recognising  the 
supervision  tasks  already  undertaken,  also  with  regard  to  air  navigation  service 
providers  providing  services  in  a  Member  State  other  than  that  in  which  they  have 
their principal place of operation.' 

(2) Article 4 is replaced by the following: 

'Article 4 

Safety requirements 

The Commission shall, in accordance with the procedure referred to in Article 5(3) 
of  the  framework  Regulation,  adopt  implementing  rules  incorporating  the  relevant 
provisions  of  the  Eurocontrol  safety  regulatory  requirements  (ESARRs)  and 
subsequent  amendments  to  those  requirements  falling  within  the  scope  of  this 
Regulation, where necessary with appropriate adaptations and improvements.' 

(3) Article 5 is deleted. 

(4) In Article 7, paragraph 6 is replaced by the following: 

'6. Without prejudice to Articles 8 and 9, the issue of certificates shall confer on air 
navigation  service  providers  the  possibility  of  offering  their  services  to  Member 
States, other air navigation service providers, airspace users and airports within the 
Community.' 

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(5) Article 8 is amended as follows: 

(a) 

paragraph 1 is replaced by the following: 

'1.  Member  States  shall  ensure  the  provision  of  air  traffic  services  on  an  exclusive 
basis  within  specific  airspace  blocks  in  respect  of  the  airspace  under  their 
responsibility. For this purpose, Member States shall designate an air traffic service 
provider holding a valid certificate in the Community.  

A  Member  State  shall  not  refuse  to  designate  an  air  traffic  service  provider  on  the 
grounds  that  its  national  legal  system  requires  that  air  traffic  service  providers 
providing services in airspace under the responsibility of that Member State: 

(a) 

(b) 

be owned directly or through a majority holding by that Member State 
or its nationals, or 

have  their  principal  place  of  operation  or  registered  office  in  the 
territory of that Member State, or 

(c) 

use only facilities in that Member State.' 

(b)  paragraph 4 is replaced by the following: 

'4. In respect of functional airspace blocks established in accordance with Article 9a 
that  extend  across  the  airspace  under  the  responsibility  of  more  than  one  Member 
State,  the  Member  States  concerned  shall  jointly  designate,  in  accordance  with 
paragraph 1,  one  or  more  air  traffic  service  providers,  at  least  one  month  before 
implementation of the airspace block.' 

(6) The following Article 9a is inserted: 

'Article 9a 

Functional Airspace Blocks 

1.  Member  States  shall  take  all  necessary  measures  in  order  to  ensure  the 
establishment  of  functional  airspace  blocks  as  soon  as  possible  and  at  the  latest  by 
the end of 2012 with a view to achieving maximum capacity and efficiency of the air 
traffic management network within the single European sky and maintaining a high 
level of safety and contributing to the overall performance of the air transport system 
and a reduced environmental impact. Member States shall cooperate with each other 
to the fullest extent possible in order to ensure compliance with this provision. 

2. Functional airspace blocks shall, in particular: 

(a) 

(b) 

(c) 

(d) 

(e) 

(f) 

be supported by a safety case; 

enable optimum use of airspace, taking into account air traffic flows; 

be  justified  by  their  overall  added  value,  including  optimal  use  of 
technical and human resources, on the basis of cost-benefit analyses; 

ensure  a  smooth  and  flexible  transfer  of  responsibility  for  air  traffic 
control between air traffic service units;  

ensure compatibility between the different airspace configurations; 

comply  with  conditions  stemming 
concluded within the ICAO; and 

from 

regional  agreements 

EN 

11 

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(g) 

respect regional agreements in existence on the date of entry into force 
of  this  Regulation,  in  particular  those  involving  European  third 
countries.  

3.  A  functional  airspace  block  shall  only  be  established  by  mutual  agreement 
between all the Member States who have responsibility for any part of the airspace 
included in the functional airspace block, or by a declaration of one Member State if 
the  airspace  included  in  the  block  is  wholly  under  its  responsibility.  Before 
establishing a functional airspace block the Member State(s) concerned shall provide 
the Commission, the other Member States and other interested parties with adequate 
information  in  order  to  assess  its  conformity  with  the  criteria referred  to  in 
paragraph 2 and give them an opportunity to submit their observations.  

4. Where a functional airspace block relates to airspace that is wholly or partly under 
the  responsibility  of  two  or  more  Member  States,  the  agreement  by  which  the 
functional  airspace  block  is  established  shall  contain  the  necessary  provisions 
concerning  the  way  in  which  the  block  can  be  modified  and  the  way  in  which  a 
Member State can withdraw from the block, including transitional arrangements.  

5.  Where  difficulties  arise  between  two  or  more  Member  States  with  regard  to  a 
cross-border  functional  airspace  block 
their 
responsibility,  the  Member  States  concerned  may  jointly  bring  the  matter  to  the 
Single Sky Committee for an opinion. The opinion shall be addressed to the Member 
States  concerned.  Without  prejudice  to  paragraph 3,  the  Member  States  shall  take 
this opinion into account in order to find a solution. 

that  concerns  airspace  under 

6.  The  decisions  referred  to  in  paragraphs  3  and  4  shall  be  notified  to  the 
Commission  for  publication  in  the  Official  Journal  of  the  European  Union.  Such 
publication shall specify the date of entry into force of the relevant decision.  

7.  The  Commission  shall  adopt  detailed  implementing  rules  for  this  Article in 
accordance with Article 8 of the framework Regulation.' 

(7) In Article 12, paragraph 3 is replaced by the following: 

'3.  When  providing  a  bundle  of  services,  air  navigation  service  providers  shall 
identify and disclose in their financial accounts the relevant costs and income for air 
navigation  services,  broken  down  in  accordance  with  the  charging  scheme  for  air 
navigation  services  referred  to  in  Article 14  and,  where  appropriate,  shall  keep 
consolidated  accounts  for  other,  non-air-navigation  services,  as  they  would  be 
required to do if the services in question were provided by separate undertakings.' 

(8) Article 14 is replaced by the following: 

'Article 14 

General 

In accordance with the requirements of Articles 15 and 16, the charging scheme for 
air navigation services shall contribute to greater transparency in the determination, 
imposition and enforcement of charges to airspace users and shall contribute to the 
cost efficiency of providing air navigation services and to efficiency of flights, while 
maintaining  an  optimum  safety  level.  This  scheme  shall  also  be  consistent  with 
Article 15 of the 1944 Chicago Convention on International Civil Aviation and with 
Eurocontrol's charging system for en-route charges.' 

EN 

12 

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(9) Article 15 is amended as follows: 

(a) 

paragraph 2 is amended as follows: 

(i) point (a) is replaced by the following: 

'(a)  The cost to be shared among airspace users shall be the determined cost 
of  providing  air  navigation  services,  including  appropriate  amounts  for 
interest  on  capital  investment  and  depreciation  of  assets,  as  well  as  the 
costs of maintenance, operation, management and administration;' 

(ii) point (b) is replaced by the following: 

'(b)  The costs to be taken into account in this context shall be those assessed 
in  relation  to  the facilities  and  services  provided  for  and  implemented 
under  the  ICAO  Regional  Air  Navigation Plan, European Region. They 
may also include costs incurred by national supervisory authorities and/or 
recognised organisations, as well as other costs incurred by the relevant 
Member  State  and  service  provider  in  relation  to  the  provision  of  air 
navigation services. They shall not include the costs of sanctions imposed 
by  Member  States  according  to  Article 9  of  the  framework  Regulation 
nor  the  costs  of  any  corrective  measures  imposed  by  Member  States 
according to Article 11(1)(g)(v) of the framework Regulation;' 

(iii) point (d) is replaced by the following: 

'(d)  cross-subsidy  shall  not  be  allowed  between  en-route  services  and 
terminal  services.  It  shall  be  allowed  between  different  air  navigation 
services  in  either  one  of  those  two  categories  only  when  justified  for 
objective reasons, subject to clear identification;' 

(b)  paragraph 3 is amended as follows: 

(i) the introductory sentence is replaced by the following: 

'Member  States  shall  comply  with  the  following  principles  when  setting 

charges in accordance with paragraph 2:' 

(ii) the following point is inserted after point (b): 

'(ba)  charges  shall  be  set  per  calendar  year  and  cover  at  least  a  three  year 

period, up to maximum five years;' 

(iii) point (c) is replaced by the following: 

'(c)  Air navigation services may produce sufficient revenues to provide for a 
reasonable  return  on  assets  to  contribute  towards  necessary  capital 
improvements;' 

(iv) point (e) is replaced by the following: 

'(e)  Charges  shall  encourage  the  safe,  efficient,  effective  and  sustainable 
provision of air navigation services with a view to a high level of safety 
and  cost-efficiency  and  shall  stimulate  integrated  service  provision.  To 
that  end,  and  in  relation  to  the  national  or  regional  performance  plans, 
national  supervisory  authorities  may  set  up  mechanisms,  including 
incentives  consisting  of  financial  advantages  and  disadvantages,  to 
encourage  air  navigation  service  providers  and/or  airspace  users  to 
support improvements in the provision of air navigation services such as 

EN 

13 

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increased  capacity,  reduced  delays  and  sustainable  development,  while 
maintaining an optimum safety level.'  

(c) 

paragraph 4 is replaced by the following: 

'4.  The  Commission  may  decide,  in  accordance  with  the  procedure  referred  to  in 
Article  5(3)  of  the  framework  Regulation,  that  charges  shall  be  used  to  finance 
common  projects  designed  to  assist  specific  categories  of  airspace  users  and/or  air 
navigation  service  providers 
improve  collective  air  navigation 
infrastructures,  the  provision  of  air  navigation  services  and  the  use  of  airspace,  in 
particular  those  that  may  be  required  for  the  implementation  of  the  ATM  Master 
Plan. Such decisions shall identify the common project and specify in particular the 
timetable  for  implementation,  the  cost  to  be  charged  to  airspace  users  and  its 
allocation amongst Member States. 

in  order  to 

5.  The  Commission 
implementing 
Article in accordance with Article 8 of the framework Regulation.' 

shall  adopt  detailed 

rules 

for 

this 

(10) In Article 16, paragraphs 1 and 2 are replaced by the following: 

'1.  The  Commission  shall  provide  for  the  ongoing  review  of  compliance  with  the 
principles and rules referred to in Articles 14 and 15, acting in cooperation with the 
Member  States.  The  Commission  shall  endeavour  to  establish  the  necessary 
mechanisms for making use of Eurocontrol expertise and shall share the results of the 
review with the Member States, Eurocontrol and the airspace users' representatives. 

2. At the request of one or more Member States that consider that the principles and 
rules referred to in Articles 14 and 15 have not been properly applied, or on its own 
initiative, the Commission shall carry out an investigation into any allegation of non-
compliance  or  non-application  of  the  principles  and/or  rules  concerned  and  shall 
share  the  results  of  the  investigation  with  the  Member  States,  Eurocontrol  and  the 
airspace  users'  representatives.  Within  two  months  of  receipt  of  a  request,  after 
having  heard  the  Member  State  concerned  and  after  consulting  the  Single  Sky 
Committee  in  accordance  with  the  procedure  referred  to  in  Article 5(2)  of  the 
framework  Regulation,  the  Commission  shall  take  a  decision  on  the  application  of 
Articles 14 and 15 and as to whether the practice concerned may continue.' 

(11) Article 17 is replaced by the following: 

'Article 17 

Revision of Annexes 

The measures designed to amend non-essential elements of the Annexes in order to 
take  into  account  technical  or  operational  developments  shall  be  adopted  in 
accordance with the regulatory procedure with scrutiny referred to in Article 5(4) of 
the framework Regulation.  

On imperative grounds of urgency, the Commission may use the urgency procedure 
referred to in Article 5(5) of the framework Regulation.' 

(12) In Article 18, paragraphs 1 and 2 are replaced by the following: 

'1.  Neither  the  national  supervisory  authorities,  acting  in  accordance  with  their 
national legislation, nor the Commission shall disclose information of a confidential 
nature. 

EN 

14 

   EN 

2.  Paragraph 1  shall  be  without  prejudice  to  the  right  of  disclosure  by  national 
supervisory authorities or the Commission where this is essential for the fulfilment of 
their  duties,  in  which  case  such  disclosure  shall  be  proportionate  and  shall  have 
regard to the legitimate interests of air navigation  service providers, airspace  users, 
airports or other relevant stakeholders in the protection of their business secrets.' 

(13) The following Article 18a is inserted: 

'Article 18a 

Review 

1.  As  part  of  the  periodical  review  referred  to  in  Article 12(2)  of  the  framework 
Regulation and no more than four years after the entry into force of this Regulation, 
the  Commission  shall  finalise  a  prospective  study  on  the  conditions  for  the  future 
application  of  market  principles  to  the  provision  and  designation  of  services  in  the 
fields  of  communication,  navigation,  surveillance,  meteorology  and  aeronautical 
information. 

2. On the basis of the study's conclusions and in the light of the progress achieved, 
the  Commission  shall  submit  a  report  to  the  European  Parliament  and  the  Council, 
accompanied,  where  appropriate,  by  a proposal  to  extend  the  application  of  market 
principles to one or more of the services referred to in paragraph 1 or to determine 
any other steps.' 

Regulation (EC) No 551/2004 is amended as follows: 

Article 3 

(1) Article 2 is deleted. 

(2) Article 3 is replaced by the following: 

'Article 3 

Single European Flight Information Region (EFIR) 

1.  The  Community  and  the  Member  States  shall  request  ICAO  to  establish  and 
recognise  a  single  European  Flight  Information  Region  (EFIR).  To  this  end,  for 
matters which fall within the competence of the Community, the Commission shall, 
if necessary, submit a recommendation to the Council in accordance with Article 300 
of the Treaty at the latest by [….]13. 

2.  The  EFIR  shall  be  designed  to  encompass  the  airspace  falling  under  the 
responsibility  of  the  Member  States  in  accordance  with  Article 1(3)  and  may  also 
include airspace of European third countries. 

3. The establishment of the EFIR shall be without prejudice to the responsibility of 
Member  States  for  the  designation  of  air  traffic  service  providers  for  the  airspace 
under  their  responsibility  in  accordance  with  Article 8(1)  of  the  service  provision 
Regulation. 

4.  Member  States  shall  retain  their  responsibilities  towards  the  ICAO  within  the 
geographical  limits  of  the  upper  flight  information  regions  and  flight  information 

13 

Date four years after the entry into force of the amending Regulation. 

EN 

15 

   EN 

                                                 
regions  entrusted  to  them  by  the  ICAO  on  the  date  of  entry  into  force  of  this 
Regulation.' 

(3) The following Article 3a is inserted: 

'Article 3a 

Aeronautical information 

1.  Without  prejudice  to  the  publication  by  Member  States  of  aeronautical 
information, the Commission, working in cooperation with Eurocontrol, shall ensure 
the availability of electronic aeronautical information of high quality, presented in a 
harmonised way and serving the requirements of all relevant users in terms of data 
quality and timeliness. 

2. For the purpose of paragraph 1, the Commission shall: 

(a) 

develop a Community-wide aeronautical information infrastructure in the 
form  of  an  electronic  integrated  briefing  portal  with  unrestricted  public 
access.  This  infrastructure  shall  integrate  access  to  and  provision  of 
required  data  elements  such  as,  but  not  limited  to  aeronautical 
information,  air  traffic  services  reporting  office  (ARO)  information, 
meteorological information and flow management information;  

(b) 

support  the  modernisation  and  harmonisation  of  the  provision  of 
aeronautical  information  in  its  broadest  sense  in  close  cooperation  with 
Eurocontrol and ICAO.  

3.  The  Commission  shall  adopt  detailed  implementing  rules  for  this  Article in 
accordance with Article 8 of the framework Regulation.' 

(4) Article 4 is replaced by the following: 

'Article 4 

Rules of the air and airspace classifications 

The Commission shall, in accordance with the procedure referred to in Article 8 of 
the framework Regulation, adopt implementing rules in order to: 

(a) 

the  appropriate  provisions  of 

incorporate 
ICAO  standards  and 
recommended  practices  on  rules  of  the  air,  where  necessary  with 
appropriate adaptations and improvements; 

(b)  harmonise  the  application  of  the  ICAO  airspace  classification,  where 
necessary  with  appropriate  adaptations  and  improvements,  in  order  to 
ensure the seamless provision of air navigation services within the single 
European sky.' 

(5) Article 5 is deleted. 

(6) Article 6 is replaced by the following: 

'Article 6 

Network management and design  

1. The air traffic management (ATM) network shall allow optimum use of airspace 
and  ensure  that  airspace  users  can  operate  preferred  trajectories,  while  allowing 
maximum access to airspace and air navigation services.  

EN 

16 

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2. In order to achieve the objectives referred to in paragraph 1, the Commission shall 
ensure that the following functions are carried out: 

(a) 

(b) 

(c) 

design of the European route network; 

coordination  and  allocation  of  scarce  resources,  in  particular  radio 
frequencies and radar transponder codes; 

additional functions for the ATM network, as defined in the ATM Master 
Plan. 

The  Commission  may,  under  its  own  control  and  responsibility,  entrust  to 
Eurocontrol  tasks  relating  to  the  execution  of  the  above  functions,  which  do  not 
involve  the  adoption  of  binding  measures  of  a  general  scope  or  the  exercise  of 
political discretion. These tasks shall be executed in an impartial and cost-effective 
manner; taking into consideration the needs of the whole ATM network and with the 
full involvement of the airspace users and air navigation service providers. 

3.  Measures  designed  to  amend  non-essential  elements  of  this  Article,  by 
supplementing it, relating to the definition of the basic criteria and procedures for the 
exercise  of  the  functions  referred  to  in  paragraph  2  shall  be  adopted  in  accordance 
with  the  regulatory  procedure  with  scrutiny  referred  to  in  Article  5(4)  of  the 
framework Regulation. 

4. Detailed rules for the implementation of the measures referred to in paragraph 3 
shall  be  adopted  in  accordance  with  Article  8  of  the  framework  Regulation. 
Individual  measures  provided  in  those  implementing  rules  shall  be  adopted  by  the 
Commission.  The  implementing  rules  may  provide  that,  on  grounds  of  urgency, 
certain types of individual decisions shall be adopted by Eurocontrol in accordance 
with guidelines issued by the Commission. 

5. Other aspects of airspace design than those referred to in paragraph 2 shall be dealt 
with at national or regional level. This design process shall take into account traffic 
demands and complexity and include full consultation of all groups of airspace users 
concerned. 

6. Member States shall entrust Eurocontrol with the performance of air traffic flow 
management  as  specified  in  an  implementing  rule  adopted  in  accordance  with  the 
procedure referred to in Article 5(3) of the framework regulation and in conformity 
with the requirements laid down by the Commission pursuant to Article 9.' 

(7) In Article 9, the following paragraph 3 is added: 

'3. The implementing rules shall include consistency between flight plans and airport 
slots and the necessary coordination with adjacent regions.' 

Article 4 

Regulation (EC) No 552/2004 is amended as follows: 

(1) The following Article 6a is inserted: 

'Article 6a 

Alternative verification of compliance 

A  certificate  issued  in  accordance  with  Regulation  (EC)  No  216/2008,  where  it 
applies to constituents or systems, shall be considered, for purposes of Articles 5 and 
6 of this Regulation, as an EC declaration of conformity or suitability for use, or as 

EN 

17 

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an EC declaration of verification, if it includes demonstration of compliance with the 
essential  requirements  of  this  Regulation  and  the  relevant  implementing  rules  for 
interoperability.' 

(2) Article 9 is replaced by the following: 

'Article 9 

Revision of Annexes 

The measures designed to amend non-essential elements of the Annexes, in order to 
take  into  account  technical  or  operational  developments,  shall  be  adopted  in 
accordance with the regulatory procedure with scrutiny referred to in Article 5(4) of 
the framework Regulation.  

On imperative grounds of urgency, the Commission may use the urgency procedure 
referred to in Article 5(5) of the framework Regulation.' 

(3) Annex II is amended as follows: 

(a) 

In part A, the first paragraph of point 2, Support for new concepts of operation, 
is replaced by the following: 

'The EATMN, its systems and their constituents shall support, on a coordinated basis, 
new  agreed  and  validated  concepts  of  operation  that  improve  the  quality, 
sustainability  and  effectiveness  of  air  navigation  services,  in  particular  in  terms  of 
safety and capacity.' 

(b)  Part B is amended as follows: 

(i) 

the first paragraph of point 3.1.2, Support for new concepts of operation, 
is replaced by the following: 
'Flight data processing systems shall accommodate the progressive 
implementation of advanced agreed and validated concepts of operation 
for all phases of flight, in particular as envisaged in the ATM Master 
Plan.' 

(ii)  point  3.2.2,  Support  for  new  concepts  of  operation,  is  replaced  by  the 

following: 

'3.2.2. Support for new concepts of operation  

Surveillance data processing systems shall accommodate the progressive 
availability of new sources of surveillance information in such a way as 
to improve the overall quality of service, in particular as envisaged in the 
ATM Master Plan.' 

(iii)  point  4.2,  Support  for  new  concepts  of  operation,  is  replaced  by  the 

following: 

'4.2. Support for new concepts of operation  

Communication systems shall support the implementation of advanced, 
agreed and validated concepts of operation for all phases of flight, in 
particular as envisaged in the ATM Master Plan.' 

Article 5 
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. 

EN 

18 

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Article 6(2) and (6) of Regulation (EC) No 551/2004 as amended by the present Regulation 
shall  apply  from  the  date  specified  in  their  respective  implementing  rules  but  not  later  than 
three years after the entry into force of this regulation. 

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

Done at Brussels,  

For the European Parliament 
The President 

For the Council 
The President 

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LEGISLATIVE FINANCIAL STATEMENT 

1. 

NAME OF THE PROPOSAL: 

Regulation  of  the  European  Parliament  and  of  the  Council  amending  Regulation 
(EC)  No  549/2004  laying  down  the  framework  for  the  creation  of  the  Single 
European  Sky,  Regulation  (EC)  No  550/2004  for  the  provision  of  air  navigation 
services  in  the  Single  European  Sky,  Regulation  (EC)  No  551/2004  for  the 
organisation and use of the airspace in the Single European Sky, Regulation (EC) No 
552/2004 on the interoperability of the European air traffic management network 

2. 

ABM / ABB FRAMEWORK 

Policy Area(s) concerned and associated Activity/Activities: 

Activity: "Inland, air and maritime transport" 

Objective: "Ensure the implementation of the internal market in transport services" 

3. 

3.1. 

BUDGET LINES 

Budget  lines  (operational  lines  and  related  technical  and  administrative 
assistance lines (ex- B..A lines)) including headings: 

06 02 03 – Transport safety 

3.2. 

Duration of the action and of the financial impact: 

The proposals concern the amendment of Community legislation. In principle there 
is no limit on the duration. For practical reasons the expected date of adoption (2009) 
until the end of the financial perspectives (2013) is considered. 

3.3. 

Budgetary characteristics : 

Budget 
line 

Type of expenditure 

New 

EFTA 
contribution 

Contributions 
from applicant 
countries 

Heading in 
financial 
perspective 

Non-
comp 

Non-
comp 

Non-
diff14 

Diff 

NO 

NO 

NO 

NO 

NO 

NO 

No  

No  

14 

Non-differentiated appropriations hereafter referred to as NDA. 

EN 

20 

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4. 

SUMMARY OF RESOURCES 

4.1. 

Financial Resources 

4.1.1. 

Summary of commitment appropriations (CA) and payment appropriations (PA) 

EUR million (to 3 decimal places) 

Expenditure type 

Section 
no. 

Operational expenditure15 

Commitment Appropriations 
(CA) 

8.1. 

Payment 
(PA) 

Appropriations 

a 

b 

2008 

2009

2010

2011

2012 

2013 

Total 

1.25 

2.25 

2.25 

2.25 

2.25 

10.250 

1.25 

2.25 

2.25 

2.25 

2.25 

10.250 

Administrative expenditure within reference amount16 

Technical  &  administrative 
assistance (NDA) 

8.2.4. 

c 

TOTAL REFERENCE AMOUNT 

Commitment 
Appropriations 

Payment Appropriations 

a+c

b+c

1.25 

2.25 

2.25 

2.25 

2.25 

10.250 

1.25 

2.25 

2.25 

2.25 

2.25 

10.250 

Administrative expenditure not included in reference amount17 

Human 
associated 
(NDA) 

resources 

and 
expenditure 

Administrative  costs,  other 
than  human  resources  and 
not 
associated 
included 
reference 
in 
amount (NDA) 

costs, 

8.2.5. 

d 

8.2.6. 

e 

0.117

0.117 

0.234 

0.234 

0.234 

0.234 

1.170 

0.058 

0.058 

0.058 

0.058 

0.058 

0.290 

Total indicative financial cost of intervention 

TOTAL CA including cost 
of Human Resources 

TOTAL  PA  including  cost 
of Human Resources 

a+c
+d
+e 

b+c
+d
+e 

0.117  1.425 

2.542 

2.542 

2.542 

2.542 

11.710 

0.117

1.425 

2.542 

2.542 

2.542 

2.542 

11.710 

15 
16 
17 

Expenditure that does not fall under Chapter xx 01 of the Title xx concerned. 
Expenditure within article xx 01 04 of Title xx. 
Expenditure within chapter xx 01 other than articles xx 01 04 or xx 01 05. 

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21 

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Co-financing details 

If  the  proposal  involves  co-financing  by  Member  States,  or  other  bodies  (please 
specify  which),  an  estimate  of  the  level  of  this  co-financing  should  be  indicated  in 
the table below (additional lines may be added if different bodies are foreseen for the 
provision of the co-financing): 

EUR million (to 3 decimal places) 

Year 
n 

n + 1

n + 2

n + 3

n + 4 

n + 5 
and 
later 

Total 

Co-financing body 

…………………… 

TOTAL  CA  including  co-
financing 

f 

a+c
+d
+e
+f 

4.1.2.  Compatibility with Financial Programming 

X 

(cid:133) 

(cid:133) 

Proposal is compatible with existing financial programming. 

Proposal  will  entail  reprogramming  of  the  relevant  heading  in  the  financial 
perspective. 

Proposal  may  require  application  of  the  provisions  of  the  Interinstitutional 
Agreement18 (i.e. flexibility instrument or revision of the financial perspective). 

4.1.3.  Financial impact on Revenue 

X 

(cid:133) 

Proposal has no financial implications on revenue 

Proposal has financial impact – the effect on revenue is as follows: 

Budget line 

Revenue 

EUR million (to one decimal place) 

Situation following action 

[Yea
r n] 

[n+1] [n+2]  [n+3

] 

[n+4] [n+5]

19

Prior to
action 
[Year 
n-1] 

a) Revenue in absolute terms 

b) Change in revenue 

 ∆ 

18 
19 

See points 19 and 24 of the Interinstitutional agreement. 
Additional columns should be added if necessary i.e. if the duration of the action exceeds 6 years. 

EN 

22 

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4.2. 

Human Resources FTE (including officials, temporary and external staff) – see 
detail under point 8.2.1. 

Annual requirements 

Year 
2008 

n + 1 

n + 2 

n + 3 

n + 4 

n + 5 
and 
later 

Total  number  of  human 
resources 

1 

1 

2 

2 

2 

2 

5. 

CHARACTERISTICS AND OBJECTIVES 

5.1. 

Need to be met in the short or long term 

Establishment  and  monitor  implementation  of  legislation  in  the  field  of  air  traffic 
management. 

5.2. 

Value-added  of  Community  involvement  and  coherence  of  the  proposal  with 
other financial instruments and possible synergy 

The development of the air transport market requires a solid infrastructure. Air traffic 
management is part of this infrastructure (together with airports). Efficiency of this 
trans-European  network  requires  Community  intervention,  all  the  more  because  air 
traffic management is a natural monopoly. 

The Single Sky legislation will facilitate the implementation and deployment of the 
SESAR Masterplan. 

5.3. 

Objectives, expected results and related indicators of the proposal in the context 
of the ABM framework 

Ensure implementation internal market in transport services. 

The specific objectives concern the air navigation services. Increase performance of 
the  network  to  promote  the  development  of  civil  aviation  through  regulation  of  air 
traffic management. The current system of non-binding performance benchmarking 
is  transformed  into  regulatory  system  to  drive  performance  of  the  system. 
independent 
is  setting  performance  objectives,  relying  on  an 
Commission 
Performance Review Body. The Single European Sky committee, established by the 
current legislation, will also be involved in the regulatory procedure. 

5.4.  Method of Implementation (indicative) 

(cid:133)  Centralised Management 

(cid:133) 

(cid:133) 

directly by the Commission 

indirectly by delegation to: 

(cid:133) 

(cid:133) 

executive Agencies 

bodies set up by the Communities as referred to in art. 185 of the 
Financial Regulation 

(cid:133) 

national public-sector bodies/bodies with public-service mission 

(cid:133) 

Shared or decentralised management 

(cid:133)  with Member states 

EN 

23 

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(cid:133)  with Third countries 

(cid:133) 

Joint management with international organisations (please specify) 

Relevant comments: 

6. 

MONITORING AND EVALUATION 

6.1.  Monitoring system 

The effects on performance will not only be monitored, but performance review and 
regulation  is  the  central  idea  of  the  reform.  As  natural  monopolies,  air  traffic 
management  will  have  to  satisfy  specific  performance  objectives.  These  objectives 
will be set also in close consultation with the airspace users, who finance the system 
and are the clients, and the air navigation service providers, the suppliers of services. 

The Single Sky established an institutional framework which allows stakeholders, in 
particular airspace users, to voice their concerns on the efficiency of the measures. 

6.2. 

Evaluation 

6.2.1.  Ex-ante evaluation 

The legislative proposals were prepared on the basis of two reports. The Commission 
requested  the  Performance  Review  Commission  of  Eurocontrol  to  undertake  an 
independent evaluation of the impact of Single Sky on performance of the air traffic 
management system. 
The  High  Level  Group  on  the  future  aviation  regulatory  framework20  indicated  the 
political direction  the  proposals should  take. The group called for consistent use of 
the  ‘Community  method’,  with  decisions  taken  at  European  level  by  qualified 
majority  voting,  while  leaving  implementation  to  a  strong  partnership  between  the 
Member States and the Community. 

6.2.2.  Measures taken following an intermediate/ex-post evaluation (lessons  learned from 

similar experiences in the past) 

The  reports  mentioned  under  6.2.1  are  based  on  the  current  single  sky  legislation, 
hence ex-post single sky I, ex-ante single sky II. 

6.2.3.  Terms and frequency of future evaluation 

The  proposals  introduce  yearly  assessments  (within  5  years  planning  periods)  to 
regulate  the  performance  of  the  system,  hence  requires  an  intense  and  permanent 
evaluation of the efficiency of the legislation. 

7. 

ANTI-FRAUD MEASURES  

Not applicable. 

20 

High  Level  Group  on  the  Future  Aviation  Regulatory  Framework,  2007,  ‘A  framework  for  driving 
performance improvement’, Brussels, p. 47. 

EN 

24 

   EN 

                                                 
8. 

DETAILS OF RESOURCES 

8.1. 

Objectives of the proposal in terms of their financial cost 

(Headings of Objectives, actions 
and 
be 
provided) 

outputs 

should 

Type of output 

Av. 
cost 

Year 2008 n 

Year 2009 n+1 

Year 2010 n+2 

Year 2011 n+3 

Year 2012 n+4 

Year n+5 and 
later 

TOTAL 

No. 
outputs 

Total 
cost 

No. 
outputs 

Total 
cost 

No. 
outputs 

Total 
cost 

No. 
outputs 

Total 
cost 

No. 
outputs 

Total 
cost 

No. 
outputs 

Total 
cost 

No. 
outputs 

Total 
cost 

OPERATIONAL  OBJECTIVE 
Performance 
No.1 
Regulation……… 

21 

Action  1:  Supoort  Eurocontrol 
Framework 
contract
(06 0203) 

Evaluation 
industry 
performance targets 

of  ATM 
with 

- Output 1 

Action 2…Undertake stdies in the 
field of ATM (06 02 03)  

Reports 

- Output 1 

TOTAL COST 

0 

0 

0 

1 

2 

2 

2 

2 

9 

0.25 

1.25 

0.25 

2.25 

0.25 

2.25 

0.25 

2.25 

0.25 

2.25 

1.250 

10.250 

21 

As described under Section 5.3 

EN 

25 

EN 

 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
8.2. 

Administrative Expenditure 

8.2.1.  Number and type of human resources 

Types of 
post 

Staff to be assigned to management of the action using existing and/or additional 
resources (number of posts/FTEs) 

Year 2008 

Year n+1 

Year n+2 

Year n+3 

Year n+4 

Year n+5 

A*/AD 

1 

2 

2 

2 

2 

2 

B*, 
C*/AST 

Officials 
or 
temporary 
staff22 
(XX 01 
01) 

Staff  financed23  by 
art. XX 01 02 

staff24 
Other 
financed  by  art.  XX 
01 04/05 

TOTAL 

1 

2 

2 

2 

2 

8.2.2.  Description of tasks deriving from the action 

Performance regulation requires an intense process of evaluation of the performance 
of the ATM industry, setting performance targets at Community level, endorsement 
of these general targets, process of translating these network wide targets into local 
targets  including  consultation  of  airspace  users,  adoption  of  local  targets  by 
Commission. 

In addition, Commission is to ensure efficiency of the network management function. 
This requires preparation of implementing rules and monitoring. 

8.2.3. 

Sources of human resources (statutory) 

X 

(cid:133) 

(cid:133) 

(cid:133) 

(cid:133) 

Posts currently allocated to the management of the programme to be replaced 
or extended 

Posts pre-allocated within the APS/PDB exercise for year n 

Posts to be requested in the next APS/PDB procedure 

Posts  to  be  redeployed  using  existing  resources  within  the  managing  service 
(internal redeployment) 

Posts required for year n although not foreseen in the APS/PDB exercise of the 
year in question 

22 
23 
24 

Cost of which is NOT covered by the reference amount. 
Cost of which is NOT covered by the reference amount. 
Cost of which is included within the reference amount. 

EN 

26 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
  
                                                 
8.2.4.  Other  Administrative  expenditure  included  in  reference  amount  (XX  01  04/05  – 

Expenditure on administrative management) 

Budget line 

(number and heading) 

EUR million (to 3 decimal places) 

Year 
n 

Year 
n+1 

Year 
n+2 

Year 
n+3 

Year 
n+4 

Year 
n+5  

and 
later 

TOTAL 

Technical 

1 
and 
assistance (including related staff costs) 

administrative 

Executive agencies25 

Other 

technical 

and 

administrative 

assistance 

- intra muros  

- extra muros 

Total  Technical  and  administrative 
assistance 

8.2.5.  Financial cost of human resources and associated costs not included in the reference 

amount 

EUR million (to 3 decimal places) 

Type of human resources 

Year 
2008 

Year n+1  Year n+2  Year n+3  Year n+4 

Year n+5 

and later 

Officials  and  temporary  staff  (06  01 
01) 

Staff  financed  by  Art  XX  01  02 
(auxiliary, END, contract staff, etc.) 

(specify budget line) 

Total cost of Human Resources 
and associated costs (NOT in 
reference amount) 

0.117 

0.234 

0.234 

0.234 

0.234 

0.117 

0.234 

0.234 

0.234 

0.234 

Calculation– Officials and Temporary agents 

25 

Reference should be made to the specific legislative financial statement for the Executive Agency(ies) 
concerned. 

EN 

27 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
Calculation– Staff financed under art. XX 01 02 

8.2.6. Other administrative expenditure not included in reference amount 

EUR million (to 3 decimal places)

Year 
n 

Year 
n+1 

Year 
n+2 

Year 
n+3 

Year 
n+4 

Year 
n+5 

and 
later 

TOTAL 

XX 01 02 11 01 – Missions 

XX 01 02 11 02 – Meetings & Conferences 

XX 01 02 11 03 – Committees26  

0.058 

0.058 

0.058 

0.058 

0.058 

0.290 

XX 01 02 11 04 – Studies & consultations 

XX 01 02 11 05 - Information systems 

2 

Total 

Other  Management 

Expenditure (XX 01 02 11) 

3  Other 

expenditure 

administrative 
including reference to budget line) 

nature 

of 

an 
(specify 

expenditure, 
than  human  resources  and 
in 

Total  Administrative 
other 
associated  costs  (NOT 
reference amount) 

included 

0.058 

0.058 

0.058 

0.058 

0.058 

0.290 

Calculation - Other administrative expenditure not included in reference amount 

26 

Specify the type of committee and the group to which it belongs. 

EN 

28 

   EN