Commission Regulation (EC) No 730/2006 of  11 May 2006  on airspace classification and access of flights operated under visual flight rules above flight level 195   (Text with EEA relevance)

16.5.2006 EN Official Journal of the European Union L 128/3
COMMISSION REGULATION (EC) No 730/2006
of 11 May 2006
on airspace classification and access of flights operated under visual flight rules above flight level 195
(Text with EEA relevance)
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Community,
Having regard to Regulation (EC) No 551/2004 of the European Parliament and of the Council of 10 March 2004 on the organisation and use of airspace in the single European sky (the airspace Regulation) (1), and in particular Article 4 thereof,
Having regard to Regulation (EC) No 549/2004 of the European Parliament and of the Council of 10 March 2004 laying down the framework for the creation of the single European sky (the framework Regulation) (2), and in particular Article 8(2) thereof,
Whereas:
(1) Chapter 2, paragraph 6 of Annex 11 (3) to the 1944 Chicago Convention on International Civil Aviation requires the classification of airspace into air traffic services airspaces of defined dimensions, alphabetically designated from Class A to Class G, within which specific types of flights may operate and for which air traffic services and rules of operation are specified.
(2) The European Organisation for the Safety of Air Navigation (Eurocontrol) has been mandated, in accordance with Article 8(1) of Regulation (EC) No 549/2004, to examine a harmonised airspace classification scheme for the Single European Sky. The resulting mandate reports of 30 December 2004 and 30 April 2005 proposed the introduction of Class C Airspace as the appropriate classification for airspace above flight level 195. This Regulation takes full account of those reports. With a view to being consistent in the application by the Member States of such a classification, it is necessary to establish a harmonised airspace classification and provide for the access of flights operated under visual flight rules to it.
(3) Whilst no upper limit of the airspace is specified in this Regulation, airspace classification above flight level 195 should be consistent for all flights carried out in such airspace.
(4) Chapter 4, paragraph 5 of Annex 2 (4) to the 1944 Chicago Convention on International Civil Aviation introduces restrictions related to Reduced Vertical Separation Minimum Areas for flights operated under visual flight rules (VFR flights) above flight level 290, while paragraph 4 of that Chapter provides that VFR flights above flight level 200 require authorisation.
(5) The procedures for authorising access of VFR flights to airspace above flight level 195, up to and including flight level 285, need to be open and transparent across all Member States without restricting legitimate access of VFR flights or the flexibility of air traffic services.
(6) Member States should ensure a safe transition towards the classification of airspace above flight level 195 as Class C Airspace. As Member States require time to change their airspace classification, the application of this Regulation should be deferred until 1 July 2007.
(7) The measures provided for in this Regulation are in accordance with the opinion of the Single Sky Committee,