REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL on the implementation of the Single Sky legislation: time to deliver
Date: 2011-11-14
Institutions: European Commission
Subjects: air safety, air space, air traffic, air traffic control, airline, airport, freedom of the skies, single market

EUROPEAN COMMISSION 

Brussels, 14.11.2011 
COM(2011) 731 final 

REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND 
THE COUNCIL 

on the implementation of the Single Sky legislation:  
time to deliver 

(Text with EEA relevance) 

 
 
 
 
  
 
REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND 
THE COUNCIL 

on the implementation of the Single Sky legislation:  
time to deliver 

(Text with EEA relevance) 

1. 

INTRODUCTION 

Air transport plays a major role in the economy and society of the European Union (EU). In 
this context the air traffic management (ATM) system is crucial to the air transport operations 
while addressing its challenges related to competitiveness, safety and sustainability.  

ATM is a network industry. It consists of hundreds of air traffic control sectors operated by 
more than 60 air traffic control centres and more than 16,700 air traffic controllers managing 
the traffic from/to 450 European airports and also from and to third countries. This complex 
structure  manages  more  than  26,000  daily  flights  in  the  EU,  accommodates  approximately 
38,000  daily  flight  hours  and  operates  on  a  network  of  aviation  routes still  optimised  at 
national level and not yet at European level.  

Because  it  is  based  still  on  national  sovereign  airspace,  ATM  in  Europe  is  very  fragmented 
and dominated by national monopoly service provision. As air traffic volumes have increased 
considerably,  not  least  because  of  the  development  of  the  aviation  single  market,  this 
fragmentation  is  now  posing  serious  capacity  problems  and  major  delays  for  passengers.  In 
addition 
it  causes  needless  fuel  consumption  and  emissions  and  generates  higher 
infrastructure  charges  than  would  be  the  case  if  it  would  operate  at  European  rather  than 
national level. While the cost for the provision of air navigation services in Europe amounts to 
some  €  8  billion  per  year,  the  total  additional  cost  borne  by  airlines  because  of  suboptimal 
cost-efficiency  and  fragmentation  of  the  European  airspace  is  estimated  at  some  €  4  billion 
per year. In short, a single European airspace is not yet a reality.  

Following  the  launch  of  the  Single  European  Sky  (SES)  initiative  in  20001,  the  legislation 
adopted  in  20042  brought  ATM  under  EU  competence  with  the  aim  of  reducing  the 
fragmentation of the European airspace and increasing its capacity. We now have an evolving 
institutional  framework,  safety  and  interoperability  standards  and  rules  on  airspace  and  air 
traffic flow management as well as improved cost transparency. But while the first legislative 
framework was necessary, it was not sufficient. So a second package of legislation (SES II) 
proposed by the Commission in June 20083 was adopted in November 2009 by the Council 
and  the  European  Parliament  with  the  objective  of  accelerating  the  establishment  of  a  truly 
single SES from 2012 onwards4. It is based on five pillars: performance, safety, technology, 

1 
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4 

COM(1999) 614 final of 06.12.1999 
Regulation (EC) No 549/2004, OJ L 96, 31.3.2004, p.1 
COM(2008) 389 Single European Sky II: towards more sustainable and better performing aviation  
Regulation (EC) No 1070/2009 of 21 October 2009, OJ L 300, 14.11.2009, p. 34.  

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airports and the human factor. The second package has received strong and vocal support not 
only  from  the  airlines  and  airports  but  also  even  from  the  air  navigation  service  providers 
(ANSPs). The support of the whole ATM community was reaffirmed with the approval of a 
roadmap in Madrid in February 2010, at the Council of Ministers of 4 May 2010 following 
the volcanic ash cloud crisis, and through a charter in Budapest in March 2011. This strong 
political support confirms the urgency of the need for ongoing reform of the ATM sector and 
in particular the high level of priority to be given to the full and timely implementation and 
delivery of SES.  

In  accordance  with  Article  12.2  of  Regulation  (EC)  No  549/2004,  this  report56  provides  an 
overview of the state of play of the application of the SES legislation and of key actions taken 
or still to be taken since the approval of the second package in November 2009.  

2. 

STATE OF IMPLEMENTATION OF THE FIRST PACKAGE OF SES LEGISLATION 

2.1. 

Progress made and remaining concerns 

Since  its  adoption  in  2004  and  considering  the  volume  of  implementing  measures 
which need to be implemented, it should be stressed that significant work has been 
done by the Member States and the stakeholders. Progress in the implementation of 
the SES legislation has been regularly monitored7. In particular,  

- all Member States have now established a National Supervisory Authority (NSA);  

- the vast majority of the ANSPs have been certified and duly designated; 

- a transparent charging system has been implemented;  

- oversight of the airspace management and air traffic flow management takes place 
at national level; and  

-  the  Single  Sky  Committee  and  the  Industry  Consultation  Body  play  full  and 
important roles at EU level. 

Nevertheless  more  is  required  to  achieve  full  and  timely  compliance  with  SES 
legislation. For example, sixty  recommendations were given by Eurocontrol (in the 
2010  report  on  SES  legislation  implementation8)  relating  to  concrete  actions  that 
Member  States  should  take  either  to  improve  their  level  of  compliance  or  their 
checks on the level of compliance by ANSPs. In particular, 

- the lack of resources for NSAs is a major issue of concern that must be addressed at 
national  political  level  swiftly.  The  proper  functioning  of  the  SES  can  only  be 
assured  if  the  NSAs  have  the  right  resources  for  effective  oversight  in  all  areas 

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8 

A first report on the implementation of the SES legislation was adopted in 2007, COM(2007) 845  
Considering  the  status  of  SES  implementation,  this  overview  does  not  provide  an  evaluation  of  the 
results achieved from an economic, social, environmental, employment and technological perspective; 
this will be addressed in a next report. 
Three reports have been published so far (in 2007-2008, 2009 and 2010) by Eurocontrol, on behalf of 
the European Commission.  
http://ec.europa.eu/transport/air/single_european_sky/single_european_sky_en.htm  

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including safety, interoperability and performance (a new area of competence where 
NSAs act as national regulator). Possible solutions to these problems are well known 
and include cooperation, delegation and/or outsourcing.  

- insufficient steps have been taken at Member State and NSA level to ensure proper 
supervision of cross-border air navigation service provision. The framework for the 
provision and supervision of cross-border services is not yet properly established in a 
number of Member States. Numerous cross-border arrangements seem to be known 
only at operational level but not yet formalised at institutional level; this may imply 
an  absence  of  supervision  on  the  cross-border  service  provision.  .  Member  States 
must  ensure  that  the  legal  basis  for  the  cross-border  provision  of  ANS  in  their 
sovereign territory is correctly established and enforced, and; 

-  the  interoperability  Regulation9  has  been  poorly  observed.  Seven  years  after  the 
adoption  of  the  basic  regulation,  approximately  a  third  of  the  NSAs  have  not 
properly  verified  the  capability  of  the  ANSPs  to  conduct  conformity  assessment 
activities – which are the corner stone of the implementation of interoperable ATM 
systems.  Similarly,  around  a  third  of  the  NSAs  are  not  exercising  the  required 
oversight  to  ensure  the  compliance  of  the  ANSPs  with  the  implementing  rules  and 
are  not  sufficiently  active  in  verifying  the  timelines  of  the  ANSPs'  implementation 
plans against the required deadlines.  

Finally, although progress has been made by Member States in the implementation of 
Flexible  Use  of  Airspace,  more  needs  to  be  done  to  improve  its  effectiveness, 
especially  in  relation  to  its  performance  monitoring.  At  all  levels,  Member  States 
should focus on enhancing civil-military cooperation and coordination including with 
neighbouring countries. 

2.2. 

Need for remediation by Member States 

The level of progress achieved in some areas has been insufficient and suggests that 
various implementation dates may be at risk. The Commission has therefore written 
to  each  Member  State  in  October  2011  to  spell  out  the  particular  problems  in  each 
case  and  to  insist  on  full  compliance  with  EU  law  keeping  in  mind  that  the 
the  successful 
implementation  of 
implementation of the SES second package. Sharing of best practices can be carried 
out  using  the  NSA  peer  reviews  initiated  in  2010  or  the  coordination  platforms  for 
NSAs  and  FABs.  But  where  non-compliance  is  confirmed  and  not  rectified  in  due 
time, the Commission will consider all options at it disposal, including the opening 
of infringement procedures.  

the  SES  first  package 

is  required  for 

3. 

STATE OF IMPLEMENTATION OF THE SECOND PACKAGE OF SES LEGISLATION  

The  basic  SES  II  architecture  (both  the  rule-making  programme  and  organisational  aspects) 
has been set up according to the initial time schedule. The time for implementation has come. 

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Regulation (EC) No 552/2004, OJ L 96, 31.3.2004, p. 26 

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The  successful  delivery  of  the  SES  relies  on  the  timely  implementation  of  its  different 
components.  Priority  should  be  given  to  actions  that  will  make  the  biggest  contribution  to 
performance, in particular the performance scheme (starting early in 2012), the FABs (to be 
operational by end 2012), the network functions (already in place) and the deployment of the 
SESAR  programme  (to  start  in  2014),  2012  being  a  pivotal  year  for  implementation  of  the 
SES.  A  table  providing  an  overview  of  the  state  of  play  of  key  priorities  in  the  second 
package of SES is attached.  

3.1. 

Overview of the SES II regulatory framework  

The basic SES II rule-making programme is completed  

The regulations and subsequent main implementing measures directly related to SES 
II have all been adopted, e.g. 

– 

– 

– 

the performance scheme (Commission Regulation adopted on 29.7.2010)10 

the en-route charging system (Commission Regulation adopted on 16.12.2010 
amending previous legislation)11 

the FAB requirements to ensure appropriate consultation at European level of 
the  relevant  stakeholders  before  establishing  a  FAB  (Commission  Regulation 
adopted on 24.02.2011) 12 and  

– 

the network functions (Commission Regulation adopted on 7.07. 2011)13. 

Following  the  extension  of  the  powers  of  the  European  Aviation  Safety  Agency 
(EASA) into the new areas of ATM and aerodromes14, implementing rules should be 
developed  in  accordance  with  the  essential  requirements  contained  in  the  EASA 
Basic  Regulation.  As  a  first  step,  three  existing  SES  rules  (on  controller  licensing, 
common  requirements  on  service  providers  and  safety  oversight)  have  been 
transposed under the new legal basis.15. 

Oversight of the implementation of the SES II regulatory framework 

A  major  advantage  of  the  SES  II  framework  is  that,  in  addition  to  the  oversight 
performed by the NSAs at national level, it gives the opportunity to rely on EASA 
safety  standardisation  inspections  as  of  2012  in  Member  States  and  neighbouring 
countries  to  oversee  the  application  of  the  European  legislation.  EASA  will  also 

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14 
15 

Commission Regulation (EC) No 691/2010, OJ L 201, 3.08.2010, p.1. 
Commission Regulation (EU) No 1191/2010, OJ L 333, 16.12.2010, p.6. 
Commission Regulation (EU) No 176/2011, OJ L 51, 25.02.2011, p. 2. 
Commission Regulation (EU) No 677/2011, OJ L 185, 15.07.2011, p.1 
Regulation (EC) No 1108/2009, OJ L 309, 24.11.2009, p.51. 
Commission Regulation (EU) No 805/2011 of 10 August 2011 laying down detailed rules for air traffic 
controllers' licences and certain certificates pursuant to Regulation (EC) No 216/2008 of the European 
Parliament and of the Council , L 206, 11.08.2011, p.21; Commission Implementing Regulation (EU) 
No  1034/2011  of  17  October  2011  on  safety  oversight  in  air  traffic  management  and  air  navigation 
services  and  amending  Regulation  (EU)  No  691/2010,  OJ  L  271,  18.10.2011,  p.15;  Commission 
Implementing Regulation (EU) No 1035/2011 of 17 October 2011 laying down common requirements 
for the provision of air navigation services and amending Regulations (EC) No 482/2008 and (EU) No 
691/2010, OJ L 271, 18.10.2011, p. 23 

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oversee third country providers and pan-European providers (including the Network 
Manager). 

Prospects for future regulations 

Whilst  the  above  implementing  measures  have  laid  down  a  solid  basis  for  SES  II, 
further measures should be developed. This primarily concerns interoperability rules 
required  for  the  deployment  of  the  SESAR  programme,  rules  which  generally 
transpose and further detail the provisions of ICAO annexes into EU.  

3.2. 

The new institutional set-up is largely in place  

The new institutional set-up endorsed by the SES II package has been established: 

– 

– 

– 

– 

– 

The Performance Review Body (PRB) has been established in July 2010 in line 
with  Article  11  of  Regulation  (EC)  549/2004.  The  Performance  Review 
Commission of Eurocontrol has been designated as the PRB16. The PRB is to 
assist the Commission and the NSAs in the implementation and monitoring of 
the performance scheme. Its contribution was essential in the preparation of the 
EU-wide targets adopted in February 2011, thus allowing the start of the first 
reference period of the performance scheme in 2012. 

The  FAB  Coordinator  has  been  designated  in  August  201017  with  a  view  to 
facilitating  the  establishment  of  FABs  as  provided  for  in  Article  9b  of 
Regulation 1070/2009; since his designation, the Coordinator has visited most 
Member States to trigger the FAB establishment process.  

The  Network  Manager  of  the  EU  ATM  network  has  been  nominated  in  July 
2011  in  accordance  with  Article  6  of  Regulation  (EC)  No  551/200418.  The 
Commission has entrusted to Eurocontrol the tasks related to the execution of 
the  network  functions  (air  traffic  flow  management,  design  of  the  European 
route network, coordination of scarce resources especially the radio frequencies 
within  aviation  frequency  bands  used  by  general  air  traffic  and  radar  (SSR) 
transponder  codes)  and  the  operation  of  the  European  Aviation  Crisis 
Coordination Cell.  

The SESAR Joint Undertaking (SJU) has been established in 2007 as a public-
private  partnership  in  order  to  manage  the  development  phase  of  the  SESAR 
programme.  

Since  2010,  EASA  has  gradually  become  involved  in  the  SES  rule-making 
process  in  the  field  of  ATM  while  Eurocontrol  has  achieved  a  process  of 
internal reform to become the technical support body for the EU. 

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18 

Commission Decision of 29 July 2010 
Commission Decision of 12 August 2010 designating Mr Jarzembowski as FAB system Coordinator  
Commission Decision C(2011) 4130 final of 7 July 2011 on the nomination of the Network Manager 
for the air traffic management (ATM) network functions of the single European sky 

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– 

– 

An  expert  group  on  the  social  dimension  of  the  SES  has  been  set  up  in 
December  2010;  it  advises  the  Commission  on  new  measures  which  may 
improve the consideration of the social impact within SES. 

Finally,  action  was  taken  to  set  up  the  NSA  Coordination  Platform  and  the 
FAB  Focal  Points  Group,  two  fora  where  NSAs  and  FABs  share  experience, 
exchange best practices and discuss difficulties encountered and endeavour to 
develop common approaches and processes. 

3.3. 

Implementation of the EU performance scheme (2012-2014)  

Performance  is  at  the  heart  of  SES  II.  Following  the  adoption  of  the  performance 
Regulation  in  July  2010,  the  Commission  assisted  by  the  newly  nominated  PRB 
worked in the second half of 2010 on the setting of the EU-wide performance targets 
in  the  key  performance  areas  of  environment,  capacity/delays  and  cost-efficiency 
(safety being only monitored for the first reference period). On 21 February 2011 the 
Commission  adopted  EU-wide  performance  targets19  for  the  period  2012-2014 in  a 
context of expected 16 % of traffic growth ( i.e. for capacity an average delay of 0,5 
min  per  flight  in  2014,  a  10% improvement  in cost-efficiency  over  the  period, and 
an environmental target, applied to the efficiency of flights, that will allow a carbon-
neutral aviation growth). 

Member States were given the deadline of 30 June 2011 to prepare and adopt their 
national or FAB performance plans and targets. Work has started in the Commission 
on  the  detailed  assessment  of  the  plans.  If they  are  not  consistent  with  the  adopted 
EU-wide targets, the Commission will recommend to the Member States concerned 
to  adopt  revised  performance  targets,  having  first  sought  the  opinion  of  the  Single 
Sky Committee. 

In  parallel,  work  has  also  started  involving  EASA  and  Eurocontrol  on  both  the 
setting  up  of  safety  key  performance  indicators  to  be  adopted  by  the  Commission 
before  end  2011  and  the  preparation  of  the  second  performance  reference  period 
(2015-2019).  

3.4. 

FAB establishment and start of operations (by December 2012)  

Member  States  are  required  to  take  all  necessary  measures  in  order  to  ensure  the 
establishment of FABs by December 2012 and then to deliver operational benefits to 
airspace users. In particular, they should enhance cooperation and seek integration of 
ANS provision within a FAB where appropriate with a view to ensuring that national 
airspace  boundaries  do  not  reduce  the  efficiency  of  air  traffic  flows  and  air  traffic 
services provision in Europe. Guidance  material  for  the establishment of  FABs  has 
been  made  available  in  this  respect20.  Details  on  the  establishment  and  progress  of 
FABs are reported by the FAB Coordinator21.  

19 
20 
21 

Commission Decision 2011/121/EU, OJ L 48, 23.02.2011, p.16  
http://ec.europa.eu/transport/air/single_european_sky/functional_airspace_blocks_en.htm 
Reports of December 2010 and March 2011 
http://ec.europa.eu/transport/air/single_european_sky/functional_airspace_blocks_en.htm 

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Currently two FABs have been formally established22 and are in an implementation 
phase  while  seven  more  FABs  are  in  various  stages  of  establishment.  EU  financial 
support  has  been  granted  to  all  FABs  through  the  TEN-T  financial  programme.  It 
seems likely that all the FAB initiatives will be able to sign and potentially ratify the 
FAB  State  Level  Agreements  in  order  to  meet  the  December  2012  deadline. 
Nevertheless it appears that the implementation of FABs is not proceeding as fast as 
it  should  -  only  two  performance  plans  at  FAB  level  have  been  submitted.  The 
Commission  will  continue  to  closely  monitor  progress  with  a  reinforced  interest  as 
the deadline approaches; it will in particular assess the fulfilment by each FAB of the 
regulatory 
(including  professional  staff 
representative  bodies)  have  been  properly  involved  and  whether  the  bottom-up 
approach to airspace de-fragmentation has delivered operational benefits. 

requirements,  whether  stakeholders 

In  addition  to  the  formal  requirements,  some  key  issues  still  need  to  be  addressed, 
e.g.  the  implementation  of  FAB  performance  plans  and  charging  strategies;  the 
development of real partnership between individual FABs and the Network Manager 
for  better  airspace  management;  and  coordinated  and  synchronised  deployment  of 
SESAR.  

3.5. 

Establishment of the Network Manager for the EU ATM network  

Currently Member States take decisions regarding network functions on a voluntary 
basis  relying  mainly  on  the  principles  of  good  will  and  peer  pressure.  A  major 
achievement of the SES II package is a more centralised management of the network 
based  on  cooperative  decision-making  (CDM)  and  detailed  plans  for  achieving 
performance objectives based on EU legislation. 

The framework is now in place to deliver the desired benefits for the network. The 
network  functions  will  be  under  the  governance  of  a  Network  Management  Board 
reporting to the Single Sky Committee. The Network Manager is an important asset 
to  improve  performance  in  the  use  of  the  airspace.  ANSPs,  airspace  users  and 
airports expect immediate actions at network, FAB and national levels to anticipate 
and mitigate capacity problems (including inter-alia summer delays).  

As Eurocontrol is nominated as the Network Manager for the EU ATM network, the 
SES can be applied beyond the EU to cover more than 40 States. The new directorate 
for  network  management  refocuses  Eurocontrol's  resources  on  the  role  of  Network 
Manager.  

3.6. 

Readiness to mitigate crisis impacts (European Aviation Crisis Coordination Cell)  

The  events  linked  to  the  eruption  of  the  Eyjafjallajökull  volcano  in  spring  2010 
demonstrated the need to establish a central entity to take the lead in coordinating the 
management of responses at national and network level in order to guarantee a timely 
and  harmonised  response  to  crisis  affecting  aviation.  This  has  been  dealt  with 
through  the  adoption  of  the  network  functions  Regulation,  which  incorporates 
provisions related to crisis management.  

22 

Danish-Swedish FAB and UK-Ireland FAB  

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To  support  the  Network  Manager,  the  European  Aviation  Crisis  Coordination  Cell 
(EACCC)  has  been  established  under  the  leadership  of  the  Commission  and 
Eurocontrol.  It  requires  the  involvement  of  EASA  and  of  the  Member  States.  The 
volcanic eruption in May 2011 demonstrated the growing effectiveness of EACCC. 

3.7. 

The technological challenge and SESAR deployment 

SESAR is the technological enabler for the implementation of the SES. It is the most 
important public-private technological programme in the field of ATM ever launched 
in  Europe.  However,  the  performance  objectives  of  the  SES  in  terms  of  capacity, 
environment,  safety  and  cost  efficiency,  can  only  be  achieved  through  a  well 
synchronised and coordinated deployment of new ATM infrastructures as indicated 
in the ATM Master Plan.  

The European ATM Master Plan 

The  European  ATM  Master  Plan23  includes  a  set  of  deployment  scenarios  to  be 
implemented by the relevant stakeholders by 2025 and beyond on which validation 
activities of SJU are based to achieve the new generation ATM system. It has been 
endorsed by the Council in 2009 and has been further updated by the SESAR Joint 
undertaking (SJU); another update will take place by March 2012. 

The SESAR Joint Undertaking 

In 2010, the Commission has carried out the first intermediate evaluation of the SJU 
after the first three years of operations. The outcome indicates that, in terms of ability 
to  fulfil  its  mandate,  the  SJU  has  been  performing  well  and  has  largely  met  the 
satisfaction  from  stakeholders;  it  has  proven  to  be  the  appropriate  organization  for 
the management of the SESAR development phase and the timely execution of the 
European ATM Master Plan.  

Future SESAR deployment  

In  2009,  the  Council  requested  the  Commission  to  present  detailed  proposals  for  a 
SESAR deployment strategy, with particular regard to a governance structure and the 
funding mechanisms. The Commission will make a proposal by end 2011 on how to 
align  the  complex  transition  from  the  development  to  the  deployment  phases  of 
SESAR. The strategy will include a set of recommendations to allow a strong buy in 
and  commitment  from  all  stakeholders,  including  the  military,  to  deploy  the  new 
technologies and procedures in a synchronised, coordinated and timely manner. This 
strategy will primarily rely on existing EU instruments; a strong involvement of the 
industry  with  the  appropriate  oversight  is  also  considered  of  utmost  importance24. 
Attention  is  also  paid  to  early  deployment  projects  forming  the  baseline  for  future 
implementation of the SESAR results25. 

23 
24 

25 

http://ec.europa.eu/transport/air/sesar/european_atm_en.htm  
See Commission staff working document SEC(2010) 1580 on preparing a deployment strategy for the 
Single European Sky technological pillar. 
named IP1 for implementation package 1.  

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Memorandum  of  Cooperation  with  the  USA  on  research  and  development  in  civil 
aviation 

The  EU  and  the  USA  have  made  a  significant  step  forward  in  the  field  of 
international cooperation for ATM modernisation and interoperability by signing on 
3 March 2011 a Memorandum of Cooperation (MoC) on civil aviation research and 
development.  This  cooperation should achieve interoperability between the SESAR 
and NextGen programmes; it will facilitate further cooperation between the EU and 
US  industry  and  will  also  coordinate  technical  efforts  in  support  of  global  ATM 
standardisation  activities  while  providing  for  a  joint  EU-US  support  to  ICAO’s 
standardisation effort.  

3.8. 

The gate-to-gate dimension: airports' involvement in SES  

Airports  being  the  entry  and  exit  points  to  the  European  network,  they  have  been 
fully  considered  in  relation  to  the  regulations  on  performance  and  network 
management. The performance of air navigation services at airports will have to meet 
performance targets starting  in  2015.  Moreover,  considering  the  interdependence 
between  performance of  ANS  and  other  operations/activities at  airports, 
the 
upcoming revision of the existing EU legislation on airport slots and groundhandling 
will  extend  the  logic  of  the  performance  regulation  to  all  airport operations and  to 
define potential performance targets for stakeholders involved in airport operations.  

3.9. 

Human factor 

The human and social dimensions are key elements for the completion of the SES to 
ensure  that  such  dimensions  are  not  underestimated  or  even  neglected.  Social 
dialogue  should  develop  at  three  layers:  national,  European  and  FABs.  Full  SES 
implementation can be achieved if we maintain a stable and professional workforce 
of  air  traffic  controllers.  However,  SES  also  implies  optimisation  of  resource 
allocation,  evolution  of  the  modalities  of  the  job  of  air  traffic  controller  and 
development of "just culture". The implementation and operation of the performance 
scheme, the FABs, the Network Manager and the SESAR deployment will all have 
an  impact  on  ATM  staff  which  should  be  carefully  evaluated  and  where  the 
Commission is committed to full consultation.  

3.10. 

Pan-European dimension of SES 

The SES is open to neighbouring countries, with the objective to expand and bring its 
benefits  to  a  geographical  area  broader  than  the  EU.  The  application  of  the  SES 
framework has already been extended to Norway and Iceland (based on the European 
Economic Area agreement) and to Switzerland (based on a bilateral agreement on air 
transport  with  the  European  Union).  Morocco,  Jordan,  Georgia  and  the  Balkan 
countries (Albania, Bosnia and Herzegovina, Croatia, the former Yugoslav Republic 
of  Macedonia,  Serbia,  Montenegro  and  Kosovo26),  which  are  also  part  of  the 
European  Common  Aviation  Area  by  virtue  of  comprehensive  aviation  agreements 
with EU are also progressing towards the full implementation of the SES legislation. 
The  opportunity  for  these  countries  to  join  FAB  initiatives  will  likely  drive 

26 

Under UNSCR Resolution 1244/1999. 

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compliance prior to any formal adoption. Following mandates given by the Council, 
the  Commission  is  also  negotiating  comprehensive  agreements  with  Ukraine  and 
Moldova. Negotiations with Tunisia could be opened in the near future. Furthermore, 
Turkey  (accession  partnership)  and  Ukraine  (association  partnership)  have 
committed to progressively align their legal order with the EU legislation in the air 
transport field.  

The  Commission  is  determined  to  work  closely  with  all  neighbouring  States  and 
develop  the  pan-European  dimension  of  SES27.  In  this  context  the  partnership  with 
Eurocontrol can contribute positively. 

3.11.  Consolidation of the relations between the EU and Eurocontrol 

Since 2001, the SES has introduced a new perspective to EU-Eurocontrol relations. 

Eurocontrol  is  keen  to  evolve  to  respond  to  the  needs  of  the  new  EU  legislative 
framework. Important changes have been introduced to its organisation, such as the 
separation of the support to regulatory functions from service provision. This process 
(organisation,  decision-making  bodies)  should  be  encouraged.  In  October  2011,  a 
mandate has been given by the Council to the Commission in view of negotiating a 
High-Level Agreement between the EU and Eurocontrol. The aim is to stabilise and 
strengthen  relations  between  the  EU  and  Eurocontrol,  to  confirm  Eurocontrol  as  a 
technical  support  body  for  the  EU  and  to  support  further  institutional  changes  in 
Eurocontrol.  

4. 

CONCLUSION AND WAY FORWARD 

The  process  of  establishment  of  the  SES  continues  at  a  high  pace.  If  the  level  of 
progress  achieved  so  far  in  the  implementation  of  the  first  package  falls  short  of 
initial expectations, the simultaneous implementation of key measures of the second 
package  will  start  in  2012  and  should  deliver  significant  benefits  swiftly.  Member 
States are invited to confirm their commitments and to take action across the board to 
make this process a success.  

In  particular,  the  Union  needs  to  establish  an  integrated  European  air  traffic 
management  system,  a  true  network  with  a  single  governance  structure  and  a 
stronger regulatory and oversight capability.  

Additional  measures  may  well  need  to  be  developed,  such  as  the  extension  of  the 
performance scheme to airports in accordance with a true gate-to-gate approach and 
the management of investments to ensure the contribution of SESAR deployment to 
the  performance  of  the  SES  as  a  network.  Impact  assessment  will  be  carried  out 
where appropriate. 

27 

See COM(2011) 415 final of 7.07.2011: The EU and its neighbouring regions: A renewed approach to 
transport cooperation. 

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ANNEX 

IMPLEMENTATION OF KEY PRIORITIES IN SES II - STATE OF PLAY SEPTEMBER 2011

TITLE OF ACTIONS

LEGAL
BASIS

ACTORS
CONCERNED

TARGET
DATE

COMMENTS

FIRST CYCLE OF THE PERFORMANCE SCHEME 2012-2014

Regulation on performance scheme

Update of Charging Regulation

549/2004, art.11 SSC, EC
550/2004 and 
1794/2006

SSC, EC

Completed

 Reg. 691/2010 of 29.07.2010

Completed

Reg. 1191/2010 of 16.12.2010

Designation of the Performance Review Body

549/2004, art.11  EC

Completed

EC Decision of 29.07.2010

Decision on Community-wide performance targets for 2012-2014

549/2004, art.11 SSC, EC

Completed

EC Decision 2011/12/EU of 21.02.2012

Adoption of national/FAB targets and plans for the period 2012-2014

549/2004, art.11 MS, FABs

ongoing

EC Recommandation to MS in November 2011

Implementation of the first performance cycle 2012-2014

549/2004, art.11 MS, FABs, EC

2012-14

Continuous monitoring with stakeholders needed

FUNCTIONAL AIRSPACE BLOCKS - FABs 

Regulation on information requirements before FAB establishment

550/2004 Art.9 (a) SSC, EC

Completed

Reg. 1191/2010 of 16.12.2010

Appointment of the FAB system coordinator

550/2004 Art.9 (a) EC

Completed

EC Decision of 12.08.2010

Guidance material for the establishment and modification of FABs

550/2004 Art.9 (a) SSC, FABs, EC Completed

Positive opinion in SSC 38, 12.2010

Establishment of individual FABs 

550/2004 Art.9 (a) MS, FABs

by 12.2012

On-going process, bottom-up approach

Implementation of FABs

550/2004 Art.9 (a) MS, FABs

Continuous

Deliver operational benefits as soon as possible

EU ATM NETWORK FUNCTIONS 

Regulation on network functions 

551/2004, art.6

SSC, EC

Completed

Reg.677/2011 of 7.07.2011

Designation of the Network Manager for the EU ATM network

551/2004, art.6

EC, Eurocontrol Completed

EC Decision C(2011) 4130 final of 7.07.2011  

Start of activities by the Network Manager  

551/2004, art.6

Eurocontrol 

09. 2011

Involvement of all actors in ATM required 

INVOLVEMENT OF EASA IN ATM 

Requirements for Air Navigation Service Providers 

216/2008

EASA, SSC,EC Completed

EC Reg. 1035/2011 of 17.10.2011

Reformulating ATCO licensing directive as implementing rule

216/2008

EASA, SSC,EC  Completed

EC Reg. 805/2011 of 10.08.2011

Requirements on Competent Authorities

216/2008

EASA, SSC,EC Completed

EC Reg. 1034/2011 of 17.10.2011

Start of EASA standardisation inspections in the Member States 

216/2008

EASA, MS

2012

work programme under preparation

TECHNOLOGICAL INNOVATION BASED ON THE SESAR PROGRAMME 

SESAR deployment phase (including governance)

Council 03.2009

EC

12. 2011

Proposal to Council and EP under preparation 

Memorandum of Cooperation on R&D with FAA including Cooperation 
with FAA on SESAR-NextGen interoperability

Council 03.2009

EC, MS

Completed

Signature in March 2011 

AIRPORTS' INVOLVEMENT IN SES 

Revision of existing legislation on Slots and Groundhandling  

EC

11. 2011

Contribution to gate-to gate approach  

HUMAN FACTOR DIMENSION

1. Expert Group on social dimension in SES (EC Decision N°C/2010/9016); 

Involvement of staff representatives in SES implementation 

549/2004 Art.10

EC, MS, FABs

Continuous

2. Consultation processes at MS and FAB levels 

PAN-EUROPEAN DIMENSION 

Implementation of SES by neighbouring countries of the EU

549/2004 Art. 7

EC, EU

Continuous

Recurrent. COM (2011)415 final of 7.07.2011 The EU and its 
neighbouring regions: a renew approach to transport 
cooperation

RELATIONS WITH EUROCONTROL

Signature of a High Level Agreement between EU and Eurocontrol  

Council 10.2011

EC, EU

2012

Adoption of a financial agreement between EC and Eurocontrol  

EC, Eurocontrol

2011-12

Eurocontrol Technical Support to implementation of SES

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