Proposal for a COUNCIL DECISION on the position to be taken on behalf of the European Union, in respect of the decisions to be adopted by Eurocontrol's Permanent Commission, on Centralised Services
Date: 2016-04-22
Institutions: Directorate-General for Mobility and Transport, European Commission
Subjects: EU Member State, Eurocontrol, air safety, air traffic, air traffic control, satellite navigation

EUROPEAN 
COMMISSION 

Brussels, 22.4.2016  
COM(2016) 226 final 

2016/0118 (NLE) 

Proposal for a 

COUNCIL DECISION 

on the position to be taken on behalf of the European Union, in respect of the decisions 
to be adopted by Eurocontrol's Permanent Commission, on Centralised Services   

EN 

   EN 

 
 
 
  
 
EXPLANATORY MEMORANDUM 

1. 

CONTEXT OF THE PROPOSAL 

1.1. 

Reasons for and objectives of the proposal 

General 
The Council adopted on 8 December 2015 the Decision (EU) 2015/2394 on the position to be 
taken by the Member States on behalf of the European Union, concerning the decisions to be 
adopted by the Permanent Commission of Eurocontrol, with regard to the roles and tasks of 
Eurocontrol  and  on  centralised  services.  These  decisions  were  planned  to  be  taken  by 
Eurocontrol's  Permanent  Commission  on  9  December  2015  on  Centralised  Services,  for 
Eurocontrol  to  develop  financing,  procurement  arrangements  and  technical  specifications  in 
view  of  timely  deploying  new  "European  Air/Ground  Data  Communication  Services" 
(EAGDCS). 

Since  the  Union  is  not  admitted  in  the  Permanent  Commission,  the  Council  decision  was 
meant to be implemented by the Member States that participate in the Permanent Commission 
acting jointly in the interest of the Union.  

The  Council  decided  that  the  Union's  position  should  be  to  postpone  the  adoption  of  a 
decision  by  Eurocontrol  on  centralised  services,  because  there  was  insufficient  information 
available to evaluate the substance of such a decision. In addition, such a decision might have 
prejudged  future  activity  conducted  by  Eurocontrol  in  a  manner  that  would  have  been 
detrimental to the Union’s activity in this field, notably as regards Single European Sky Air 
Traffic Management Research (SESAR). 

Since  Eurocontrol  is  currently  engaged  in  the  development  of  18  different  Centralised 
Services,  the  Union's  position  covered  not  only  EAGDCS  but  all  Centralised  Services 
potentially being developed for implementation, since all are similarly related to the Union’s 
activity in this field, notably as regards SESAR. 

On 9 December 2015, due to the above Union position, Eurocontrol's Permanent Commission 
did not take a decision on EAGDCS. Instead, it was agreed that Eurocontrol should continue 
to  work  on  a  revised  decision  on  Centralised  Services  in  close  cooperation  with  its 
impact  of 
stakeholders  and  should  also  provide  an  assessment  of 
implementation and operation of EAGDCS. 

the  economic 

On  9  February  2016,  the  Eurocontrol  Agency  and  the  industry  stakeholders  sent  a  jointly 
signed revised proposal for EAGDCS to the Commission, in which both parties indicated that 
the required economic impact assessment is available within the completed feasibility studies 
as delivered to the Innovation & Networks Executive Agency (INEA) in late 2015.  However, 
those  studies  contain  only  superficial  cost  benefit  analysis,  and  a  full  assessment  of  the 
economic impact of the centralisation of EAGDCS is still required. 

In  addition,  the  Eurocontrol  Agency  may  propose  to  the  Permanent  Commission  of 
Eurocontrol to adopt this new decision on EAGDCS in a written procedure. 

This proposal for a Council Decision refers to EAGDCS. It is proposed to support, as regards 
the development of a demonstrator, in principle the continuation of the collaboration between 

EN 

2 

   EN 

 
 
 
 
 
 
 
 
the  Eurocontrol  Agency  and  Air  Navigation  Service  Providers  of  the  Eurocontrol  States,  as 
well  as  with  the  Network  Manager.  However,  the  proposal  also  defines  three  important 
conditions that such decision should contain.  

The  first  condition  is  that  the  development  of  the  demonstrator  must  take  full  account  of 
technical work performed by the SESAR Joint Undertaking (SJU). The intention is to avoid 
any misalignment between ongoing and possible future work of the two organisations in the 
development of the relevant Centralised Services.  

Secondly,  the  involvement  of  EASA  needs  to  be  assured,  given  that  EASA  will  need  to 
undertake the certification and oversight of any centrally provided service before it can enter 
into operation. This should avoid potential mismatches in this area and thus ensure that funds, 
coming from route charges, but also from Union support, are spent most efficiently. 

Finally,  the  terms  of  this  decision  should  be  such  that  it  is  without  prejudice  to  any 
procurement,  deployment  and  operations  of  such  service  in  the  internal  market.  The 
application of EU procurement rules in respect of such services, to be provided in the context 
of  the  European  Single  Sky  (SES),  should  thereby  be  preserved,  so  as  to  maximise  cost 
efficiency.  

The conditions summarised above are considered essential. Given their nature and scope, they 
are likely to be relevant also for Union positions in respect of future Eurocontrol decisions in 
the  area  of  Centralised  Services.  The  Commission  will  look  into  these  issues  in  detail  each 
time the need for a new proposal arises. 

Background regarding the development of Centralised ATM Services  

The  work  of  the  Eurocontrol  Agency  on  the  subject  of  Centralised  Services  has  progressed 
significantly since its inception in late 2012. The Eurocontrol Agency was authorised by its 
Permanent  Commission  in  February  2014  to  initiate  a  stepwise  approach  to  the  assessment 
and  demonstration  of  the  operational,  technical  and  financial  feasibility  of  these  potential 
Centralised  Services  recognising  the  varying  levels  of  maturity  across  those  services.  Since 
then, the Eurocontrol Agency has held a series of workshops, and has developed Concepts of 
Operations  (CONOPs)  for  a  number  of  Centralised  Services.  It  has  produced  a  global  Cost 
Benefit Analysis (CBA) which it has had endorsed by an independent consultant – although 
the detail within that CBA has not been subject to public scrutiny. 

2. 

LEGAL ELEMENTS OF THE PROPOSAL 

Against  the  background  described  above,  in  particular  the  availability  of  a  revised  proposal 
for EAGDCS and based upon Articles 100(2) and 218(9) TFEU it is proposed to adopt a new 
position  to  be  taken  on  behalf  of  the  Union  in  respect  of  the  decisions  to  be  adopted  by 
Eurocontrol's Permanent Commission on Centralised Services. 

EN 

3 

   EN 

 
 
 
 
 
 
2016/0118 (NLE) 

Proposal for a 

COUNCIL DECISION 

on the position to be taken on behalf of the European Union, in respect of the decisions 
to be adopted by Eurocontrol's Permanent Commission, on Centralised Services   

THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  on  the  Functioning  of  the  European  Union,  and  in  particular 
Article 100(2) and Article 218(9) thereof. 

Having regard to the proposal from the European Commission, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

(5) 

(6) 

Council Decision (EU) 2015/2394 of 8 December 2015 established a Union position in 
respect  of  a  decision  that  was  planned  to  be  taken  by  Eurocontrol's  Permanent 
Commission on 9 December 2015 on Centralised Services, for Eurocontrol to develop 
financing,  procurement  arrangements  and  technical  specifications  in  view  of  timely 
deploying a new "European Air/Ground Data Communication Services" (EAGDCS). 

The  Union's  position  was  that  a  decision  by  Eurocontrol  on  such  services  shall  be 
postponed  because  there  was  not  sufficient  information  available  to  evaluate  the 
substance  of  such  decision  and  because  it  could  have  prejudged  future  activity 
conducted  by  Eurocontrol  in  a  manner  that  would  have  been  detrimental  to  the 
Union’s activity in this field. 

On  9  December  2015,  due  to  the  above  Union  position,  Eurocontrol's  Permanent 
Commission did not take a decision on EAGDCS and asked the Eurocontrol agency to 
continue  working  on  a  revised  proposal  in  close  cooperation  with  the  industry 
stakeholders and to provide an assessment of the economic costs of EAGDCS. 

The  Eurocontrol  agency  and  industry  stakeholders  on  9  February  2016  presented  a 
revised  and  commonly  supported  proposal  on  EAGDCS  and  ensured  the  full 
availability of the assessment of economic costs through existing feasibility studies. 

The Eurocontrol Agency may propose to the Permanent Commission of Eurocontrol to 
adopt this new decision on EAGDCS in a written procedure. 

The decision concerns the development of a demonstrator for EAGDCS. It has legal 
effects  since  it  governs  situations  falling  within  Union  law  and,  depending  on  its 
content, may have concrete incidences on these situations. It may impact the benefits 
flowing from the technical work on data link services performed by the SESAR Joint 
Undertaking,  the  risk  of  mismatches  in  the  area  of  certification  and  oversight,  given 
EASA's role in this area, and thus the risk of ineffective spending of funds stemming 
from  route  charges  and  Union  support,  as  well  as  the  cost-efficiency  of  relevant 
deployment  activities  to  be  conducted  by  the  Union  in  the  context  of  the  SESAR 
project. 

(7) 

Given the advantages  that  can  be expected from the development of a demonstrator, 
the  decision  favouring  the  relevant  collaboration  should  be  supported  in  principle. 

EN 

4 

   EN 

However, the decision should display conditions safeguarding the Union’s interests on 
the points referred to above.  

(8) 

The  position  to  be  taken  on  the  Union’s  behalf  in  the  Permanent  Commission  of 
Eurocontrol should therefore be established,  

HAS DECIDED AS FOLLOWS 

Article 1 

The  position  to  be  taken  by  the  Member  States  on  behalf  of  the  Union  in  the  Permanent 
Commission  of  Eurocontrol  is  to  support  that  the  Eurocontrol  Agency  shall  continue  to 
collaborate  with  Air  Navigation  Service  Providers  of  the  Eurocontrol  States  and  with  the 
Network  Manager  in  the  development  of  a  demonstrator  for  European  Air/Ground  Data 
Communication  Services  (EAGDCS)  in  the  context  of  the  SESAR  project,  including  the 
development  of  appropriate  governance  and  financing,  and  the  development  of  a 
comprehensive economic impact assessment. Such decision shall however ensure that   

– 

– 

– 

the outcome of the technical work on data link performed by the SESAR Joint 

Undertaking are fully taken into account,  

the activities under the decision are conducted in cooperation with EASA in so 
far as it concerns EASA's preparatory work for  future certification and oversight 
of EAGDCS and  

it  remains  without  prejudice  to  any  procurement  in  respect  of  EAGDCS,  as 

well as the deployment and operation thereof. 

The Member States shall act jointly in the interest of the Union. 

This Decision shall enter into force on the day of its adoption. 

Done at Brussels, 

Article 2 

For the Council 
The President 

EN 

5 

   EN