EUR-Lex - 32004R0552 - EN Avis juridique important | 32004R0552 Regulation (EC) No 552/2004 of the European Parliament and of the Council of 10 March 2004 on the interoperability of the European Air Traffic Management network (the interoperability Regulation) (Text with EEA relevance) Official Journal L 096 , 31/03/2004 P. 0026 - 0042 Regulation (EC) No 552/2004 of the European Parliament and of the Councilof 10 March 2004on the interoperability of the European Air Traffic Management network(the interoperability Regulation)(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(1),Having regard to the opinion of the European Economic and Social Committee(2),Having regard to the opinion of the Committee of the Regions(3),Acting in accordance with the procedure laid down in Article 251 of the Treaty(4), in the light of the joint text approved by the Conciliation Committee on 11 December 2003,Whereas:(1) In order to create the Single European Sky, measures should be adopted in relation to systems, constituents and associated procedures with the objective of ensuring the interoperability of the European air traffic management network (EATMN) consistent with the provision of air navigation services as provided for in Regulation (EC) No 550/2004 of the European Parliament and of the Council of 10 March 2004 on the provision of air navigation services in the Single European Sky (the service provision Regulation)(5) and the organisation and use of airspace as provided for in Regulation (EC) No 551/2004 of the European Parliament and of the Council of 10 March 2003 on the organisation and use of the airspace in the Single European Sky (the airspace Regulation)(6).(2) The report of the High Level Group on the Single European Sky has confirmed the need to establish technical regulation on the basis of the "new approach" in accordance with the Council resolution of 7 May 1985 on a new approach to technical harmonisation and standards(7) where essential requirements, rules and standards are complementary and consistent.(3) Regulation (EC) No 549/2004 of the European Parliament and of the Council of 10 March 2004 (the framework Regulation)(8) lays down the framework for the creation of the Single European Sky.(4) The report of the High Level Group has confirmed that even though progress has been achieved during the last few years towards seamless operation of the EATMN, the situation still remains unsatisfactory, with a low level of integration between national air traffic management systems and a slow pace in the introduction of new concepts of operation and technology necessary to deliver the additional required capacity.(5) Enhancing the level of integration at Community level would result in better efficiency and lower costs for system procurement and maintenance and in improved operational coordination.(6) The predominance of national technical specifications used in procurement has led to fragmentation of the systems market and does not facilitate industrial cooperation at Community level; as a result, industry is particularly affected since it needs to considerably adapt its products for each national market; these practices render development and implementation of new technology unnecessarily difficult and slow down the introduction of new operational concepts that are required to increase capacity.(7) It is therefore in the interest of all those involved in air traffic management to develop a new partnership approach allowing the balanced involvement of all parties and stimulating creativity and the sharing of knowledge, experience and risks; such partnership should aim at defining, in cooperation with industry, a coherent set of Community specifications that can fulfil the widest possible range of needs.(8) The internal market is a Community objective and therefore measures taken under this Regulation should contribute to its progressive development in this sector.(9) It is therefore appropriate to define essential requirements which should apply to the European air traffic management network, its systems, constituents and associated procedures.(10) Implementing rules for interoperability should be drawn up for systems whenever necessary to complement or further refine the essential requirements; those rules should also be drawn up where necessary to facilitate the coordinated introduction of new, agreed and validated concepts of operation or technologies; compliance with those rules should be permanently maintained; those rules should rely on rules and standards developed by international organisations such as Eurocontrol or ICAO.(11) The development and adoption of Community specifications concerning EATMN, its systems and constituents and associated procedures is an appropriate means of defining the technical and operational conditions necessary to meet the essential requirements and relevant implementing rules for interoperability; compliance with published Community specifications, which remains voluntary, creates a presumption of conformity with the essential requirements and the relevant implementing rules for interoperability.(12) Community specifications should be established by the European standardisation bodies in conjunction with the European Organisation for Civil Aviation Equipment (Eurocae) and by Eurocontrol, in accordance with general Community standardisation procedures.(13) The procedures governing the assessment of conformity or suitability for use of constituents should be based on the use of the modules covered by Council Decision 93/465/EEC of 22 July 1993 concerning the modules for the various phases of the conformity assessment procedures and the rules for the affixing and use of the CE conformity marking, which are intended to be used in the technical harmonisation directives(9); as far as necessary, these modules should be expanded to cover specific requirements of the industries concerned.(14) The market concerned is of small size and consists of systems and constituents used almost exclusively for air traffic management purposes and not intended for the general public; it would be therefore excessive to affix the CE mark to constituents as, on the basis of the assessment of conformity and/or suitability for use, the manufacturer's declaration of conformity is sufficient; that should not affect the obligation on manufacturers to affix the CE mark to certain constituents in order to certify their compliance with other Community legislation relating to them.(15) The putting into service of air traffic management systems should be subject to verification of compliance with the essential requirements and relevant implementing rules for interoperability; use of Community specifications creates a presumption of conformity with the essential requirements and relevant implementing rules for interoperability.(16) The full application of this Regulation should be accomplished by means of a transitional strategy designed to attain the objectives of this Regulation while not creating unjustified cost-benefit barriers to preservation of the existing infrastructure.(17) Within the framework of the relevant Community legislation, due account should be taken of the need to ensure:- harmonised conditions with regard to the availability and efficient use of radio spectrum necessary for the implementation of the Single European Sky, including electromagnetic compatibility aspects,- protection of the safety-of-life services from harmful interference,- efficient andappropriate use of frequencies allocated to and managed exclusively by the aviation sector.(18) Council Directive 93/65/EEC of 19 July 1993 on the definition and use of compatible technical specifications for the procurement of air traffic management equipment and systems(10) is limited to obligations of awarding entities; this Regulation is more comprehensive in that it addresses obligations of all actors, including air navigation service providers, airspace users, industry and airports, and provides both for rules applicable to all and for the adoption of Community specifications which, while being voluntary, creates a presumption of conformity with the essential requirements. Therefore, Directive 93/65/EEC, Commission Directive 97/15/EC of 25 March 1997 adopting Eurocontrol standards and amending Council Directive 93/65/EEC on the definition and use of compatible technical specifications for the procurement of air-traffic-management equipment and systems(11) and Commission Regulations (EC) No 2082/2000 of 6 September 2000 adopting Eurocontrol standards and amending Directive 97/15/EC(12) and (EC) No 980/2002 of 4 June 2002 amending Regulation (EC) No 2082/2000 should be repealed after a transitional period.(19) For reasons of legal certainty it is important to ensure that the substance of certain provisions of Community legislation adopted on the basis of Directive 93/65/EEC remains in force unchanged. The adoption under this Regulation of the implementing rules corresponding to such provisions will necessitate a certain amount of time,HAVE ADOPTED THIS REGULATION:CHAPTER IGENERAL PROVISIONSArticle 1Objective and scope1. Within the scope of the framework Regulation, this Regulation concerns the interoperability of the EATMN.2. This Regulation shall apply to the systems, their constituents and associated procedures identified in Annex I.3. The objective of this Regulation is to achieve interoperability between the different systems, constituents and associated procedures of the EATMN, taking due account of the relevant international rules. This Regulation aims also at ensuring the coordinated and rapid introduction of new agreed and validated concepts of operations or technology in air traffic management.CHAPTER IIESSENTIAL REQUIREMENTS, IMPLEMENTING RULES FOR INTEROPERABILITY AND COMMUNITY SPECIFICATIONSArticle 2Essential requirementsThe EATMN, its systems and their constituents and associated procedures shall meet essential requirements. The essential requirements are set out in Annex II.Article 3Implementing rules for interoperability1. Implementing rules for interoperability shall be drawn up whenever necessary to achieve in a coherent way the objectives of this Regulation.2. Systems, constituents and associated procedures shall comply with the relevant implementing rules for interoperability throughout their lifecycle.3. Implementing rules for interoperability shall in particular:(a) determine any specific requirements that complement or refine the essential requirements, in particular in terms of safety, seamless operation and performance; and/or(b) describe, where appropriate, any specific requirements that complement or refine the essential requirements, in particular regarding the coordinated introduction of new, agreed and validated concepts of operation or technologies; and/or(c) determine the constituents when dealing with systems; and/or(d) describe the specific conformity assessment procedures involving, where appropriate, notified bodies as referred to in Article 8, based on the modules defined in Decision 93/465/EEC to be used to assess either the conformity or the suitability for use of constituents as well as the verification of systems; and/or(e) specify the conditions of implementation including, where appropriate, the date by which all relevant stakeholders are required to comply with them.4. The preparation, adoption and review of implementing rules for interoperability shall take into account the estimated costs and benefits of technical solutions by means of which they may be complied with, with a view to defining the most viable solution, having due regard to the maintenance of an agreed high level of safety. An assessment of the costs and benefits of those solutions for all stakeholders concerned shall be attached to each draft implementing rule for interoperability.5. Implementing rules for interoperability shall be established in accordance with the procedure under Article 8 of the framework Regulation.Article 4Community specifications1. In pursuit of the objective of this Regulation, Community specifications may be established. Such specifications may be:(a) European standards for systems or constituents, together with the relevant procedures, drawn up by the European standardisation bodies in cooperation with Eurocae, on a mandate from the Commission in accordance with Article 6(4) of Directive 98/34/EC of the European Parliament and of the Council of 22 June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations(13) and pursuant to the general guidelines on cooperation between the Commission and the standardisation bodies signed on 13 November 1984;or(b) specifications drawn up by Eurocontrol on matters of operational coordination between air navigation service providers, in response to a request from the Commission in accordance with the procedure referred to in Article 5(2) of the framework Regulation.2. Compliance with the essential requirements and/or the implementing rules for interoperability shall be presumed for systems, together with the associated procedures, or constituents that meet the relevant Community specifications and whose reference numbers have been published in the Official Journal of the European Union.3. The Commission shall publish the references to the European standards referred to in paragraph 1(a) in the Official Journal of the European Union.4. The references to Eurocontrol specifications referred to in paragraph 1(b), shall be published by the Commission in the Official Journal of the European Union in accordance with the procedure referred to in Article 5(2) of the framework Regulation.5. Where a Member State or the Commission considers that conformity with a published Community specification does not ensure compliance with the essential requirements and/or implementing rules for interoperability which the said Community specification is intended to cover, the procedure referred to in Article 5(2) of the framework Regulation shall apply.6. In the case of shortcomings of published European standards, partial or total withdrawal of the standards concerned from the publications containing them, or amendments thereto, may be decided upon in accordance with the procedure referred to in Article 5(2) of the framework Regulation after consultation of the committee set up under Article 5 of Directive 98/34/EC.7. In the case of shortcomings of published Eurocontrol specifications, partial or total withdrawal of the specifications concerned from the publications containing them, or amendment thereof, may be decided upon in accordance with the procedure referred to in Article 5(2) of the framework Regulation.CHAPTER IIIVERIFICATION OF COMPLIANCEArticle 5EC declaration of conformity or suitability for use of constituents1. Constituents shall be accompanied by an EC declaration of conformity or suitability for use. The elements of this declaration are set out in Annex III.2. The manufacturer, or its authorised representative established in the Community, shall ensure and declare, by means of the EC declaration of conformity or suitability for use, that he has applied the provisions laid down in the essential requirements and in the relevant implementing rules for interoperability.3. Compliance with the essential requirements and the relevant implementing rules for interoperability shall be presumed in relation to those constituents that are accompanied by the EC declaration of conformity or suitability for use.4. The relevant implementing rules for interoperability shall identify, where appropriate, the tasks pertaining to the assessment of conformity or suitability for use of constituents to be carried out by the notified bodies referred to in Article 8.Article 6EC declaration of verification of systems1. Systems shall be subject to an EC verification by the air navigation service provider in accordance with the relevant implementing rules for interoperability, in order to ensure that they meet the essential requirements of this Regulation and the implementing rules for interoperability, when integrated into the EATMN.2. Before a system is put into service, the relevant air navigation service provider shall establish an EC declaration of verification, confirming compliance, and shall submit it to the national supervisory authority together with a technical file. The elements of this declaration and of the technical file are set out in Annex IV. The national supervisory authority may require any additional information necessary to supervise such compliance.3. The relevant implementing rules for interoperability shall identify, where appropriate, the tasks pertaining to the verification of systems to be carried out by the notified bodies as referred to in Article 8.4. The EC declaration of verification shall be without prejudice to any assessments that the national supervisory authority may need to carry out on grounds other than interoperability.Article 7Safeguards1. Where the national supervisory authority ascertains that:(a) a constituent accompanied by an EC declaration of conformity or suitability for use, or(b) a system accompanied by the EC declaration of verification,does not comply with the essential requirements and/or relevant implementing rules for interoperability, it shall, with due regard to the need to ensure safety and continuity of operations, take all measures necessary to restrict the area of application of the constituent or the system concerned or to prohibit its use by the entities under the responsibility of the authority.2. The Member State concerned shall immediately inform the Commission of any such measures, indicating its reasons and, in particular, whether in its opinion non-compliance with the essential requirements is due to:(a) failure to meet the essential requirements;(b) incorrect application of the implementing rules for interoperability and/or Community specifications;(c) shortcomings in the implementing rules for interoperability and/or Community specifications.3. As soon as possible, the Commission shall consult the parties concerned. After such consultation, the Commission shall inform the Member State of its findings and of its opinion as to whether the measures taken by the national supervisory authority are justified.4. Where the Commission establishes that the measures taken by the national supervisory authority are not justified, it shall request the Member State concerned to ensure that they are withdrawn without delay. It shall forthwith so inform the manufacturer or its authorised representative established in the Community.5. Where the Commission establishes that non-compliance with the essential requirements is due to incorrect application of the implementing rules for interoperability and/or the Community specifications, the Member State concerned shall take appropriate measures against the originator of the declaration of conformity or suitability for use or the EC declaration of verification and shall inform the Commission and the other Member States thereof.6. Where the Commission establishes that non-compliance with the essential requirements is due to shortcomings in the Community specifications, the procedures referred to in Article 4(6) or (7) shall apply.Article 8Notified bodies1. Member States shall notify the Commission and the other Member States of the bodies they have appointed to carry out tasks pertaining to the assessment of conformity or suitability for use referred to in Article 5, and/or the verification referred to in Article 6, indicating each body's area of responsibility and its identification number obtained from the Commission. The Commission shall publish in the Official Journal of the European Union the list of bodies, their identification numbers and areas of responsibility, and shall keep the list updated.2. Member States shall apply the criteria provided for in Annex V for the assessment of the bodies to be notified. Bodies meeting the assessment criteria provided for in the relevant European standards shall be deemed to meet the said criteria.3. Member States shall withdraw notification of a notified body which no longer meets the criteria provided for in Annex V. It shall forthwith inform the Commission and the other Member States thereof.4. Without prejudice to the requirements referred to in paragraphs 1, 2 and 3, Member States may decide to appoint organisations recognised in conformity with Article 3 of the service provision Regulation as notified bodies.CHAPTER IVFINAL PROVISIONSArticle 9Revision of AnnexesIn case of any technical or operational developments, adjustments may be made to Annexes I and II in accordance with the procedure referred to in Article 5(3) of the framework Regulation.Article 10Transitional arrangements1. Starting from 20 October 2005, the essential requirements shall apply to the putting into service of systems and constituents of the EATMN, if not otherwise specified by the relevant implementing rules for interoperability.2. Compliance with the essential requirements shall be required for all systems and constituents of the EATMN currently in operation by 20 April 2011, if not otherwise specified by the relevant implementing rules for interoperability.3. Where systems of the EATMN have been ordered or binding contracts to that effect have been signed- before the date of entry into force of this Regulation, or, where appropriate,- before the date of entry into force of one or more relevant implementing rules for interoperability,so that compliance with the essential requirements and/or the relevant implementing rules for interoperability cannot be guaranteed within the time limit mentioned in paragraph 1, the Member State concerned shall communicate to the Commission detailed information on the essential requirements and/or implementing rules for interoperability where uncertainty of compliance has been identified.The Commission shall enter into consultation with the parties concerned, after which it shall take a decision in accordance with the procedure referred to in Article 5(3) of the framework Regulation.Article 11RepealDirectives 93/65/EEC and 97/15/EC and Regulations (EC) Nos 2082/2000 and 980/2002 shall be repealed on 20 October 2005.Article 12Entry into forceThis Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.This Regulation shall be binding in its entirety and directly applicable in all Member States.Done at Strasbourg, 10 March 2004.For the European ParliamentThe PresidentP. CoxFor the CouncilThe PresidentD. Roche(1) OJ C 103 E, 30.4.2002, p. 41.(2) OJ C 241, 7.10.2002, p. 24.(3) OJ C 278, 14.11.2002, p. 13.(4) Opinion of the European Parliament of 3 September 2002 (OJ C 272 E, 13.11.2003, p. 325), Council Common Position of 18 March 2003 (OJ C 129 E, 3.6.2003, p. 26) and position of the European Parliament of 3 July 2003 (not yet published in the Official Journal). Legislative resolution of the European Parliament of 29 January 2004 and Decision of the Council of 2 February 2004.(5) See page 10 of this Official Journal.(6) See page 20 of this Official Journal.(7) OJ C 136, 4.6.1985, p. 1.(8) See page 1 of this Official Journal.(9) OJ L 220, 30.8.1993, p. 23.(10) OJ L 187, 29.7.1993, p. 52. Directive as last amended by Regulation (EC) No 1882/2003 of the European Parliament and of the Council (OJ L 284, 31.10.2003, p. 1).(11) OJ L 95, 10.4.1997, p. 16. Directive as last amended by Regulation (EC) No 2082/2000 (OJ L 254, 9.10.2000, p. 1).(12) OJ L 254, 9.10.2000, p. 1. Regulation as last amended by Regulation (EC) No 980/2002 (OJ L 150, 8.6.2002, p. 38).(13) OJ L 204, 21.7.1998, p. 37. Directive as last amended by Directive 98/48/EC (OJ L 217, 5.8.1998, p. 18).ANNEX ILIST OF SYSTEMS FOR AIR NAVIGATION SERVICESFor the purpose of this Regulation the EATMN is subdivided into eight systems.1. Systems and procedures for airspace management.2. Systems and procedures for air traffic flow management.3. Systems and procedures for air traffic services, in particular flight data processing systems, surveillance data processing systems and human-machine interface systems.4. Communications systems and procedures for ground-to-ground, air-to-ground and air-to-air communications.5. Navigation systems and procedures.6. Surveillance systems and procedures.7. Systems and procedures for aeronautical information services.8. Systems and procedures for the use of meteorological information.ANNEX IIESSENTIAL REQUIREMENTSPart A: General requirementsThese are network-wide requirements that are generally applicable to each one of the systems identified in Annex I.1. Seamless operationAir traffic management systems and their constituents shall be designed, built, maintained and operated using the appropriate and validated procedures, in such a way as to ensure the seamless operation of the EATMN at all times and for all phases of flight. Seamless operation can be expressed, in particular, in terms of information-sharing, including the relevant operational status information, common understanding of information, comparable processing performances and the associated procedures enabling common operational performances agreed for the whole or parts of the EATMN.2. Support for new concepts of operationThe EATMN, its systems and their constituents shall support, on a coordinated basis, new agreed and validated concepts of operation that improve the quality and effectiveness of air navigation services, in particular in terms of safety and capacity.The potential of new concepts, such as collaborative decision-making, increasing automation and alternative methods of delegation of separation responsibility, shall be examined taking due account of technological developments and of their safe implementation, following validation.3. SafetySystems and operations of the EATMN shall achieve agreed high levels of safety. Agreed safety management and reporting methodologies shall be established to achieve this.In respect of appropriate ground-based systems, or parts thereof, these high levels of safety shall be enhanced by safety nets which shall be subject to agreed common performance characteristics.A harmonised set of safety requirements for the design, implementation, maintenance and operation of systems and their constituents, both for normal and degraded modes of operation, shall be defined with a view to achieving the agreed safety levels, for all phases of flight and for the entire EATMN.Systems shall be designed, built, maintained and operated, using the appropriate and validated procedures, in such a way that the tasks assigned to the control staff are compatible with human capabilities, in both the normal and degraded modes of operation, and are consistent with required safety levels.Systems shall be designed, built, maintained and operated using the appropriate and validated procedures, in such a way as to be free from harmful interference in their normal operational environment.4. Civil-military coordinationThe EATMN, its systems and their constituents shall support the progressive implementation of civil/military coordination, to the extent necessary for effective airspace and air traffic flow management, and the safe and efficient use of airspace by all users, through the application of the concept of the flexible use of airspace.To achieve these objectives, the EATMN, its systems and their constituents shall support the timely sharing of correct and consistent information covering all phases of flight, between civil and military parties.Account should be taken of national security requirements.5. Environmental constraintsSystems and operations of the EATMN shall take into account the need to minimise environmental impact in accordance with Community legislation.6. Principles governing the logical architecture of systemsSystems shall be designed and progressively integrated with the objective of achieving a coherent and increasingly harmonised, evolutionary and validated logical architecture within the EATMN.7. Principles governing the construction of systemsSystems shall be designed, built and maintained on the grounds of sound engineering principles, in particular those relating to modularity, enabling interchangeability of constituents, high availability, and redundancy and fault tolerance of critical constituents.Part B: Specific requirementsThese are the requirements that are specific to each one of the systems and that complement or further refine the general requirements.1. Systems and procedures for airspace management1.1. Seamless operationInformation relating to pre-tactical and tactical aspects of airspace availability shall be provided to all interested parties in a correct and timely way so as to ensure an efficient allocation and use of airspace by all airspace users. This should take into account national security requirements.2. Systems and procedures for air traffic flow management2.1. Seamless operationSystems and procedures for air traffic flow management shall support the sharing of correct, coherent and relevant strategic, pre-tactical and tactical, as applicable, flight information covering all phases of flight and offer dialogue capabilities with a view to achieving optimised use of airspace.3. Systems and procedures for air traffic services3.1. Flight data processing systems3.1.1. Seamless operationFlight data processing systems shall be interoperable in terms of the timely sharing of correct and consistent information, and a common operational understanding of that information, in order to ensure a coherent and consistent planning process and resource-efficient tactical coordination throughout the EATMN during all phases of flight.In order to ensure safe, smooth and expeditious processing throughout the EATMN, flight data processing performances shall be equivalent and appropriate for a given environment (surface, terminal manoeuvring area (TMA), en-route), with known traffic characteristics and exploited under an agreed and validated operational concept, in particular in terms of accuracy and error tolerance of processing results.3.1.2. Support for new concepts of operationFlight data processing systems shall accommodate the progressive implementation of advanced, agreed and validated concepts of operation for all phases of flight.The characteristics of automation-intensive tools must be such as to enable coherent and efficient pre-tactical and tactical processing of flight information in parts of the EATMN.Airborne and ground systems and their constituents supporting new, agreed and validated concepts of operation shall be designed, built, maintained and operated, using appropriate and validated procedures, in such a way as to be interoperable in terms of timely sharing of correct and consistent information and a common understanding of the current and predicted operational situation.3.2. Surveillance data processing systems3.2.1. Seamless operationSurveillance data processing systems shall be designed, built, maintained and operated using the appropriate and validated procedures, in such a way as to provide the required performance and quality of service within a given environment (surface, TMA, en-route) with known traffic characteristics, in particular in terms of accuracy and reliability of computed results, correctness, integrity, availability, continuity and timeliness of information at the control position.Surveillance data processing systems shall accommodate the timely sharing of relevant, accurate, consistent and coherent information between them to ensure optimised operations through different parts of the EATMN.3.2.2. Support for new concepts of operationSurveillance 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.3.3. Human-machine interface systems3.3.1. Seamless operationHuman-machine interfaces of ground air traffic management systems shall be designed, built, maintained and operated using the appropriate and validated procedures, in such a way as to offer to all control staff a progressively harmonised working environment, including functions and ergonomics, meeting the required performance for a given environment (surface, TMA, en-route), with known traffic characteristics.3.3.2. Support for new concepts of operationHuman-machine interface systems shall accommodate the progressive introduction of new, agreed and validated concepts of operation and increased automation, in such a way as to ensure that the tasks assigned to the control staff remain compatible with human capabilities, in both the normal and degraded modes of operation.4. Communications systems and procedures for ground-to-ground, air-to-ground and air-to-air communications4.1. Seamless operationCommunication systems shall be designed, built, maintained and operated using the appropriate and validated procedures, in such a way as to achieve the required performances within a given volume of airspace or for a specific application, in particular in terms of communication processing time, integrity, availability and continuity of function.The communications network within the EATMN shall be such as to meet the requirements of quality of service, coverage and redundancy.4.2. Support for new concepts of operationCommunication systems shall support the implementation of advanced, agreed and validated concepts of operation for all phases of flight.5. Navigation systems and procedures5.1. Seamless operationNavigation systems shall be designed, built, maintained and operated using appropriate and validated procedures in such a way as to achieve the required horizontal and vertical navigation performance, in particular in terms of accuracy and functional capability, for a given environment (surface, TMA, en-route), with known traffic characteristics and exploited under an agreed and validated operational concept.6. Surveillance systems and procedures6.1. Seamless operationSurveillance systems shall be designed, built, maintained and operated using appropriate and validated procedures in such a way as to provide the required performance applicable in a given environment (surface, TMA, en-route) with known traffic characteristics and exploited under an agreed and validated operational concept, in particular in terms of accuracy, coverage, range and quality of service.The surveillance network within the EATMN shall be such as to meet the requirements of accuracy, timeliness, coverage and redundancy. The surveillance network shall enable surveillance data to be shared in order to enhance operations throughout the EATMN.7. Systems and procedures for aeronautical information services7.1. Seamless operationAccurate, timely and consistent aeronautical information shall be provided progressively in an electronic form, based on a commonly agreed and standardised data set.Accurate and consistent aeronautical information, in particular concerning airborne and ground-based constituents or systems, shall be made available in a timely manner.7.2. Support for new concepts of operationIncreasingly accurate, complete and up-to-date aeronautical information shall be made available and used in a timely manner in order to support continuous improvement of the efficiency of airspace and airport use.8. Systems and procedures for the use of meteorological information8.1. Seamless operationSystems and procedures for the use of meteorological information shall improve the consistency and timeliness of its provision and the quality of its presentation, using an agreed data set.8.2. Support for new concepts of operationSystems and procedures for the use of meteorological information shall improve the promptness of its availability and the speed with which it may be used, in order to support continuous improvement of the efficiency of airspace and airport use.ANNEX IIICONSTITUENTSEC declaration- of conformity- of suitability for use1. ConstituentsThe constituents will be identified in the implementing rules for interoperability in accordance with the provisions of Article 3 of this Regulation.2. ScopeThe EC declaration covers:- either the assessment of the intrinsic conformity of a constituent, considered in isolation, with the Community specifications to be met, or- the assessment/judgment of the suitability for use of a constituent, considered within its air traffic management environment.The assessment procedures implemented by the notified bodies at the design and production stages will draw upon the modules defined in Decision 93/465/EEC, in accordance with the conditions set out in the relevant implementing rules for interoperability.3. Contents of the EC declarationThe EC declaration of conformity or suitability for use and the accompanying documents must be dated and signed.That declaration must be written in the same language as the instructions and must contain the following:- the Regulation references,- the name and address of the manufacturer or its authorised representative established within the Community (give trade name and full address and, in the case of the authorised representative, also give the trade name of the manufacturer),- description of the constituent,- description of the procedure followed in order to declare conformity or suitability for use (Article 5 of this Regulation),- all of the relevant provisions met by the constituent and in particular its conditions of use,- if applicable, name and address of notified body or bodies involved in the procedure followed in respect of conformity or suitability for use and date of examination certificate together, where appropriate, with the duration and conditions of validity of the certificate,- where appropriate, reference to the Community specifications followed,- identification of signatory empowered to enter into commitments on behalf of the manufacturer or of the manufacturer's authorised representative established in the Community.ANNEX IVSYSTEMSEC declaration of verification of systemsVerification procedure for systems1. Contents of EC declaration of verification of systemsThe EC declaration of verification and the accompanying documents must be dated and signed. That declaration must be written in the same language as the technical file and must contain the following:- the Regulation references,- name and address of the air navigation service provider (trade name and full address),- a brief description of the system,- description of the procedure followed in order to declare conformity of the system (Article 6 of this Regulation),- name and address of the notified body which carried out tasks pertaining to the verification procedure, if applicable,- the references of the documents contained in the technical file,- where appropriate, reference to the Community specifications,- all the relevant temporary or definitive provisions to be complied with by the systems and in particular, where appropriate, any operating restrictions or conditions,- if temporary: duration of validity of the EC declaration,- identification of the signatory.2. Verification procedure for systemsVerification of systems is the procedure whereby an air navigation service provider checks and certifies that a system complies with this Regulation and may be put into operation on the basis of this Regulation.The system is checked for each of the following aspects:- overall design,- development and integration of the system, including in particular constituent assembly and overall adjustments,- operational system integration,- specific system maintenance provisions if applicable.Where involvement of a notified body is required by the relevant implementing rule for interoperability, the notified body, after having carried out the tasks incumbent upon it in accordance with the rule, draws up a certificate of conformity in relation to the tasks it carried out. This certificate is intended for the air navigation service provider. This provider then draws up the EC declaration of verification intended for the national supervisory authority.3. Technical fileThe technical file accompanying the EC declaration of verification must contain all the necessary documents relating to the characteristics of the system, including conditions and limits of use, as well as the documents certifying conformity of constituents where appropriate.The following documents shall be included as a minimum:- indication of the relevant parts of the technical specifications used for procurement that ensure compliance with the applicable implementing rules for interoperability and, where appropriate, the Community specifications,- list of constituents as referred to in Article 3 of this Regulation,- copies of the EC declaration of conformity or suitability for use with which the above mentioned constituents must be provided in accordance with Article 5 of this Regulation accompanied, where appropriate, by a copy of the records of the tests and examinations carried out by the notified bodies,- where a notified body has been involved in the verification of the system(s), a certificate countersigned by itself, stating that the system complies with this Regulation and mentioning any reservations recorded during performance of activities and not withdrawn,- where there has not been involvement of a notified body, a record of the tests and installation configurations made with a view to ensuring compliance with essential requirements and any particular requirements contained in the relevant implementing rules for interoperability.4. SubmissionThe technical file must be attached to the EC declaration of verification which the air navigation service provider submits to the national supervisory authority.A copy of the technical file must be kept by the provider throughout the service life of the system. It must be sent to any other Member States which so request.ANNEX VNOTIFIED BODIES1. The body, its Director and the staff responsible for carrying out the checks may not become involved, either directly or as authorised representatives, in the design, manufacture, marketing or maintenance of the constituents or systems or in their use. This does not exclude the possibility of an exchange of technical information between the manufacturer or constructor and that body.2. The body and the staff responsible for the checks must carry out the checks with the greatest possible professional integrity and the greatest possible technical competence and must be free of any pressure and incentive, in particular of a financial type, which could affect their judgment or the results of their inspection, in particular from persons or groups of persons affected by the results of the checks.3. The body must employ staff and possess the means required to perform adequately the technical and administrative tasks linked with the checks; it should also have access to the equipment needed for exceptional checks.4. The staff responsible for inspection must have:- sound technical and vocational training,- satisfactory knowledge of the requirements of the inspections they carry out and adequate experience of such operations,- the ability required to draw up the declarations, records and reports to demonstrate that the inspections have been carried out.5. The impartiality of the inspection staff must be guaranteed. Their remuneration must not depend on the number of inspections carried out or on the results of such inspections.6. The body must take out liability insurance unless its liability is assumed by the Member State in accordance with national law, or the Member State itself is directly responsible for the inspections.7. The staff of the body must observe professional secrecy with regard to all information acquired in carrying out their tasks under this Regulation.

Summary: Interoperability of the European air traffic management network Interoperability of the European air traffic management network Differences between national technical specifications used for tenders have led to fragmentation of the market and systems and make industrial cooperation at Community level more difficult. European industry is particularly affected, as considerable efforts have to be made to adapt products to national markets. ACT Regulation (EC) No 552/2004 of the European Parliament and of the Council of 10 March 2004 on the interoperability of the European Air Traffic Management network (the interoperability Regulation) [See amending act(s)]. SUMMARY The regulation forms part of a package of legislation on air traffic management aimed at the creation of a single European sky as from 31 December 2004. This objective will enable optimum use to be made of European airspace, which will help to reduce delays and boost growth in air transport. The aim of this regulation is to define common requirements to guarantee interoperability between the various air traffic management systems used. It establishes a harmonised system of certification for components and systems. The aim of the regulation is two-fold: to achieve interoperability between the different systems, constituents and associated procedures in the European air traffic management network; to ensure the introduction of new agreed and validated concepts of operations and technology in air traffic management. Essential requirements The European air traffic management network, its systems and their constituents must meet essential requirements. These are of two kinds: general requirements: seamless operation , support for new concepts of operation, safety, civil/military coordination, environmental constraints, principles governing the logical architecture of systems and principles governing the construction of systems; specific requirements: systems and procedures for airspace management, systems and procedures for air traffic flow management, systems and procedures for air traffic services, communications systems and procedures for ground-to-ground, air-to-ground and air-to-air communications, navigation procedures, surveillance systems and procedures, systems and procedures for aeronautical information services and for the use of meteorological information. Implementing rules for interoperability The implementing rules for interoperability must in particular: determine any specific requirements, in particular in terms of safety; describe, where appropriate, any specific requirements, in particular regarding the coordinated introduction of new concepts of operation; describe the specific conformity assessment procedures involving notified bodies to be used to assess the conformity or suitability for use of constituents, as well as for the verification of systems; specify the conditions of implementation including, where appropriate, the date by which all relevant stakeholders are required to comply with them. Community specifications These specification may be: European standards for systems or constituents, together with the relevant procedures, drawn up by the European standardisation bodies; or specifications drawn up by Eurocontrol on matters of operational coordination between air navigation service providers. EC declaration of conformity or suitability for use of components Constituents must be accompanied by a European Community (EC) declaration of conformity or suitability for use. Before a system is put into service, the relevant air navigation service provider must establish an EC declaration of verification, confirming compliance, and must submit it to the national supervisory authority together with a technical file. Safeguards Where the national supervisory authority ascertains that a constituent or a system accompanied by an EC declaration of conformity/verification does not comply with the essential requirements for interoperability, it must restrict the application of the constituent or prohibit its use. The EU country concerned must immediately inform the Commission of any such measures, indicating the reasons for it. Where the Commission establishes that the measures taken by the supervisory authority are not justified, it will request the EU country concerned to ensure that they are withdrawn without delay. Transitional arrangements Starting from 20 October 2005, the essential requirements will apply to the putting into service of systems and constituents of the European air traffic management network. Compliance with the essential requirements will be required for all systems and constituents of the European air traffic management network currently in operation by 20 April 2011. REFERENCES Act Entry into force Deadline for transposition in the Member States Official Journal Regulation (EC) No 552/2004 20.4.2004 - OJ L 96 of 31.3.2004 Amending act(s) Entry into force Deadline for transposition in the Member States Official Journal Regulation (EC) No 1070/2009 4.12.2009 - OJ L 300 of 14.11.2009 Successive amendments and corrections to Regulation (EC) No 552/2004 have been incorporated in the basic text. This consolidated version is for reference purposes only. RELATED ACTS Commission Regulation (EU) No 73/2010 of 26 January 2010 laying down requirements on the quality of aeronautical data and aeronautical information for the single European sky [Official Journal L 23 of 27.1.2010]. Commission Regulation (EC) No 262/2009 of 30 March 2009 laying down requirements for the coordinated allocation and use of Mode S interrogator codes for the single European sky [Official Journal L 84 of 31.3.2009]. Commission Regulation (EC) No 29/2009 of 16 January 2009 laying down requirements on data link services for the single European sky [Official Journal L 13 of 17.1.2009]. Communication from the Commission of 20 December 2007: First Report on the implementation of the Single Sky Legislation: achievements and the way forward [ COM(2007) 845 final – Not yet published in the Official Journal]. Commission Regulation (EC) No 1265/2007 of 26 October 2007 laying down requirements on air-ground voice channel spacing for the single European sky [Official Journal L 283 of 27.10.2007]. Commission Regulation (EC) No 633/2007 of 7 June 2007 laying down requirements for the application of a flight message transfer protocol used for the purpose of notification, coordination and transfer of flights between air traffic control units [Official Journal L 146 of 8.6.2007]. Commission Regulation (EC) No 1033/2006 of 4 July 2006 laying down the requirements on procedures for flight plans in the pre-flight phase for the single European sky [Official Journal L 186 of 7.7.2006]. Commission Regulation (EC) No 1032/2006 of 6 July 2006 laying down requirements for automatic systems for the exchange of flight data for the purpose of notification, coordination and transfer of flights between air traffic control units [Official Journal L 186 of 7.7.2006]. 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) [Official Journal L 96 of 31.3.2004]. Regulation (EC) No 550/2004 of the European Parliament and of the Council of 10 March 2004 on the provision of air navigation services in the Single European Sky [Official Journal L 96 of 31.3.2004]. Regulation (EC) No 551/2004 of the European Parliament and of the Council of 10 March 2004 on the organisation and use of the airspace in the Single European Sky [Official Journal L 96 of 31.3.2004]. Communication from the Commission to the Council and the European Parliament of 1 December 1999: The creation of the single European sky [ COM(1999) 614 final – Not published in the Official Journal]. Communication from the Commission to the European Parliament, the Council, the European and Social Committee and the Committee of the Regions Accelerating the implementation of the Single European Sky [ COM(2013)408 of 11.6.2013]. Based on an analysis contained in this Communication and the associated impact assessment, the Commission is proposing a legislative package (SES2+) to consolidate and where possible accelerate the process of reform of ATM in Europe, by further addressing the inefficiencies in the supply of air navigation services and by continuing to drive towards the defragmentation of the European ATM system. The legislative proposals build on, and do not supplant, previous reforms in the sector. They should result in a more efficient integrated operating airspace in the future. Proposal for a Regulation of the European Parliament and of the Council on the implementation of the Single European Sky [ COM(2013)410 final of 11.6.2013]. Proposal for a Regulation of the European Parliament and of the Council amending Regulation (EC) No 216/2008 in the field of aerodromes, air traffic management and air navigation services [ COM(2013)409 final of 11.6.2013 - not published in the Official Journal]. last update 10.04.2014


EUR-Lex - 32004R0549 - EN Avis juridique important | 32004R0549 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) (Text with EEA relevance) - Statement by the Member States on military issues related to the single European sky Official Journal L 096 , 31/03/2004 P. 0001 - 0009 Regulation (EC) No 549/2004 of the European Parliament and of the Councilof 10 March 2004laying down the framework for the creation of the single European sky(the framework Regulation)(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(1),Having regard to the opinion of the European Economic and Social Committee(2),Having regard to the opinion of the Committee of the Regions(3),Acting in accordance with the procedure laid down in Article 251 of the Treaty(4), in the light of the joint text approved by the Conciliation Committee on 11 December 2003,Whereas:(1) Implementation of the common transport policy requires an efficient air transport system allowing safe and regular operation of air transport services, thus facilitating the free movement of goods, persons and services.(2) At its Extraordinary Meeting in Lisbon on 23 and 24 March 2000, the European Council called on the Commission to put forward proposals on airspace management, air traffic control and air traffic flow management, based on the work of the High Level Group on the single European sky set up by the Commission. This Group, made up largely of the civil and military air navigation authorities in the Member States, submitted its report in November 2000.(3) Smooth operation of the air transport system requires a consistent, high level of safety in air navigation services allowing optimum use of Europe's airspace and a consistent, high level of safety in air travel, in keeping with the duty of general interest of air navigation services, including public service obligations. It should therefore be carried out to the highest standards of responsibility and competence.(4) The single European sky initiative should be developed in line with the obligations stemming from the membership of the Community and its Member States of Eurocontrol, and in line with the principles laid down by the 1944 Chicago Convention on International Civil Aviation.(5) Decisions relating to the content, scope or carrying out of military operations and training do not fall within the sphere of competence of the Community.(6) The Member States have adopted a general statement on military issues related to the single European sky(5). According to this statement, Member States should, in particular, enhance civil-military cooperation and, if and to the extent deemed necessary by all Member States concerned, facilitate cooperation between their armed forces in all matters of air traffic management.(7) Airspace constitutes a limited resource, the optimum and efficient use of which will be possible only if the requirements of all users are taken into account and where relevant, represented in the whole development, decision-making process and implementation of the single European sky, including the Single Sky Committee.(8) For all these reasons, and with a view to extending the single European sky to include a larger number of European States, the Community should, while taking into account the developments occurring within Eurocontrol, lay down common objectives and an action programme to mobilise the efforts by the Community, the Member States and the various economic stakeholders in order to create a more integrated operating airspace: the single European sky.(9) Where Member States take action to ensure compliance with Community requirements, the authorities performing verifications of compliance should be sufficiently independent of air navigation service providers.(10) Air navigation services, in particular air traffic services which are comparable to public authorities, require functional or structural separation and are organised according to very different legal forms in the various Member States.(11) Where independent audits are required relating to providers of air navigation services, inspections by the official auditing authorities of the Member States where those services are provided by the administration, or by a public body subject to the supervision of the abovementioned authorities, should be recognised as independent audits, whether the audit reports drawn up are made public or not.(12) It is desirable to extend the single European sky to European third countries, either within the framework of participation by the Community in the work of Eurocontrol, after the accession by the Community to Eurocontrol, or by means of agreements concluded by the Community with these countries.(13) The accession of the Community to Eurocontrol is an important component in the creation of a pan-European airspace.(14) In the process of creating the single European sky, the Community should, where appropriate, develop the highest level of cooperation with Eurocontrol in order to ensure regulatory synergies and consistent approaches, and to avoid any duplication between the two sides.(15) In accordance with the conclusions of the High Level Group, Eurocontrol is the body that has the appropriate expertise to support the Community in its role as regulator. Accordingly, implementing rules should be developed, for matters falling within the remit of Eurocontrol as a result of mandates to that organisation, subject to the conditions to be included in a framework of cooperation between the Commission and Eurocontrol.(16) The drafting of the measures necessary in order to create the single European sky requires broad-based consultations of economic and social stakeholders.(17) The social partners should be informed and consulted in an appropriate way on all measures having significant social implications. The Sectoral Dialogue Committee set up under Commission Decision 1998/500/EC of 20 May 1998 on the establishment of Sectoral Dialogue Committees promoting the dialogue between the social partners at European level(6) should also be consulted.(18) Stakeholders such as air navigation service providers, airspace users, airports, manufacturing industry and professional staff representative bodies should have the possibility to advise the Commission on technical aspects of the implementation of the single European sky.(19) The performance of the air navigation services system as a whole at European level should be assessed on a regular basis, with due regard to the maintenance of a high level of safety, to check the effectiveness of the measures adopted and to propose further measures.(20) The sanctions provided for with respect to infringements of this Regulation and of the measures referred to in Article 3 should be effective, proportional and dissuasive, without reducing safety.(21) The impact of the measures taken to apply this Regulation should be evaluated in the light of reports to be submitted regularly by the Commission.(22) This Regulation does not affect the power of Member States to adopt provisions in relation to the organisation of their armed forces. This power may lead Member States to adopt measures to ensure that their armed forces have sufficient airspace for adequate education and training purposes. Provision should therefore be made for a safeguards clause to enable this power to be exercised.(23) Arrangements for greater cooperation over the use of Gibraltar airport were agreed in London on 2 December 1987 by the Kingdom of Spain and the United Kingdom in a joint declaration by the Ministers of Foreign Affairs of the two countries. Such arrangements have yet to enter into operation.(24) Since the objective of this Regulation, namely the creation of the single European sky, cannot be sufficiently achieved by the Member States, by reason of the transnational scale of the action, and can therefore be better achieved at Community level, while allowing for detailed implementing rules that take account of specific local conditions, the Community may adopt measures in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve this objective.(25) The measures necessary for the implementation of this Regulation should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission(7).(26) Article 8(2) of the Standard Rules of Procedure for committees(8) established in application of Article 7(1) of Decision 1999/468/EC provides a standard rule according to which the Chairman of a committee may decide to invite third parties to a meeting of that committee. If appropriate, the Chairman of the Single Sky Committee should invite representatives of Eurocontrol to take part in meetings as observers or experts,HAVE ADOPTED THIS REGULATION:Article 1Objective and scope1. The objective of the single European sky initiative is to enhance current safety standards and overall efficiency for general air traffic in Europe, to optimise capacity meeting the requirements of all airspace users and to minimise delays. In pursuit of this objective, the aim of this Regulation is to establish a harmonised regulatory framework for the creation of the single European sky by 31 December 2004.2. The application of this Regulation and of the measures referred to in Article 3 shall be without prejudice to Member States' sovereignty over their airspace and to the requirements of the Member States relating to public order, public security and defence matters, as set out in Article 13. This Regulation and the abovementioned measures do not cover military operations and training.3. The application of this Regulation and of the measures referred to in Article 3 shall be without prejudice to the rights and duties of Member States under the 1944 Chicago Convention on International Civil Aviation.4. The application of this Regulation and of the measures referred to in Article 3 to the airport of Gibraltar is understood to be without prejudice to the respective legal positions of the Kingdom of Spain and the United Kingdom with regard to the dispute over sovereignty over the territory in which the airport is situated.5. Application of this Regulation and of the measures referred to in Article 3 to Gibraltar airport shall be suspended until the arrangements included in the Joint Declaration made by the Foreign Ministers of the Kingdom of Spain and the United Kingdom on 2 December 1987 enter into operation. The Governments of Spain and the United Kingdom will inform the Council of such date of entry into operation.Article 2DefinitionsFor the purpose of this Regulation and of the measures referred to in Article 3, the following definitions shall apply:1. "air traffic control (ATC) service" means a service provided for the purpose of:(a) preventing collisions:- between aircraft, and- in the manoeuvring area between aircraft and obstructions; and(b) expediting and maintaining an orderly flow of air traffic;2. "aerodrome control service" means an ATC service for aerodrome traffic;3. "aeronautical information service" means a service established within the defined area of coverage responsible for the provision of aeronautical information and data necessary for the safety, regularity, and efficiency of air navigation;4. "air navigation services" means air traffic services; communication, navigation and surveillance services; meteorological services for air navigation; and aeronautical information services;5. "air navigation service providers" means any public or private entity providing air navigation services for general air traffic;6. "airspace block" means an airspace of defined dimensions, in space and time, within which air navigation services are provided;7. "airspace management" means a planning function with the primary objective of maximising the utilisation of available airspace by dynamic time-sharing and, at times, the segregation of airspace among various categories of airspace users on the basis of short-term needs;8. "airspace users" means all aircraft operated as general air traffic;9. "air traffic flow management" means a function established with the objective of contributing to a safe, orderly and expeditious flow of air traffic by ensuring that ATC capacity is utilised to the maximum extent possible, and that the traffic volume is compatible with the capacities declared by the appropriate air traffic service providers;10. "air traffic management" 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;11. "air traffic services" means the various flight information services, alerting services, air traffic advisory services and ATC services (area, approach and aerodrome control services);12. "area control service" means an ATC service for controlled flights in a block of airspace;13. "approach control service" means an ATC service for arriving or departing controlled flights;14. "bundle of services" means two or more air navigation services;15. "certificate" means a document issued by a Member State in any form complying with national law, which confirms that an air navigation service provider meets the requirements for providing a specific service;16. "communication services" means aeronautical fixed and mobile services to enable ground-to-ground, air-to-ground and air-to-air communications for ATC purposes;17. "European air traffic management network" (EATMN) means the collection of systems listed in Annex I to Regulation (EC) No 552/2004 of the European Parliament and of the Council of 10 March 2004 on the interoperability of the European air traffic management network (the interoperability Regulation)(9) enabling air navigation services in the Community to be provided, including the interfaces at boundaries with third countries;18. "concept of operation" means the criteria for the operational use of the EATMN or of part thereof;19. "constituents" means tangible objects such as hardware and intangible objects such as software upon which the interoperability of the EATMN depends;20. "Eurocontrol" is the European Organisation for the Safety of Air Navigation set up by the International Convention of 13 December 1960 relating to Cooperation for the Safety of Air Navigation(10)21. "Eurocontrol's principles for establishing the cost-base for route facility charges and the calculation of unit rates" means the principles as specified in document No 99.60.01/01 of 1 August 1999, issued by Eurocontrol;22. "flexible use of airspace" means an airspace management concept applied in the European Civil Aviation Conference area, as specified in the first edition of 5 February 1996 of the "Airspace Management Handbook for the application of the Concept of the Flexible Use of Airspace" issued by Eurocontrol;23. "flight information region" means an airspace of defined dimensions within which flight information services and alerting services are provided;24. "flight level" means a surface of constant atmospheric pressure which is related to the specific pressure datum of 1013,2 hectopascals and is separated from other such surfaces by specific pressure intervals;25. "functional airspace block" means an airspace block based on operational requirements, reflecting the need to ensure more integrated management of the airspace regardless of existing boundaries;26. "general air traffic" means all movements of civil aircraft, as well as all movements of State aircraft (including military, customs and police aircraft) when these movements are carried out in conformity with the procedures of the ICAO;27. "ICAO" means the International Civil Aviation Organisation, as established by the 1944 Chicago Convention on International Civil Aviation;28. "interoperability" means a set of functional, technical and operational properties required of the systems and constituents of the EATMN and of the procedures for its operation, in order to enable its safe, seamless and efficient operation. Interoperability is achieved by making the systems and constituents compliant with the essential requirements;29. "meteorological services" means those facilities and services that provide aircraft with meteorological forecasts, briefs and observations as well as any other meteorological information and data provided by States for aeronautical use;30. "navigation services" means those facilities and services that provide aircraft with positioning and timing information;31. "operational data" means information concerning all phases of flight that are required to take operational decisions by air navigation service providers, airspace users, airport operators and other actors involved;32. "procedure", as used in the context of the interoperability Regulation, means a standard method for either the technical or the operational use of systems, in the context of agreed and validated concepts of operation requiring uniform implementation throughout the EATMN;33. "putting into service" means the first operational use after the initial installation or an upgrade of a system;34. "route network" means a network of specified routes for channelling the flow of general air traffic as necessary for the provision of ATC services;35. "routing" means the chosen itinerary to be followed by an aircraft during its operation;36. "seamless operation" means the operation of the EATMN in such a manner that from the user's perspective it functions as if it were a single entity;37. "sector" means part of a control area and/or a flight information region/upper region;38. "surveillance services" means those facilities and services used to determine the respective positions of aircraft to allow safe separation;39. "system" means the aggregation of airborne and ground-based constituents, as well as space-based equipment, that provides support for air navigation services for all phases of flight;40. "upgrade" means any modification that changes the operational characteristics of a system.Article 3Fields for action by the Community1. This Regulation establishes a harmonised regulatory framework for the creation of the single European sky in conjunction with:(a) Regulation (EC) No 551/2004 of the European Parliament and of the Council of 10 March 2004 on the organisation and use of the airspace in the Single European Sky (the airspace Regulation)(11);(b) Regulation (EC) No 550/2004 of the European Parliament and of the Council of 10 March 2004 on the provision of air navigation services in the Single European Sky (the service provision Regulation)(12); and(c) Regulation (EC) No 552/2004 of the European Parliament and of the Council of 10 March 2004 on the interoperability of the European Air Traffic Management network (the interoperability Regulation)(13);and with the implementing rules adopted by the Commission on the basis of this Regulation and the regulations referred to above.2. The measures referred to in paragraph 1 shall apply subject to the provisions of this Regulation.Article 4National supervisory authorities1. Member States shall 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 3.2. The national supervisory authorities shall be independent of air navigation service providers. This independence shall be achieved through adequate separation, at the functional level at least, between the national supervisory authorities and such providers. Member States shall ensure that national supervisory authorities exercise their powers impartially and transparently.3. 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 paragraph 2.Article 5Committee procedure1. The Commission shall be assisted by the Single Sky Committee, hereinafter referred to as "the Committee", composed of two representatives of each Member State and chaired by a representative of the Commission. The Committee shall ensure an appropriate consideration of the interests of all categories of users.2. Where reference is made to this paragraph, Articles 3 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.3. Where reference is made to this paragraph, Articles 5 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.The period referred to in Article 5(6) of Decision 1999/468/EC shall be set at one month.4. The Committee shall adopt its rules of procedure.Article 6Industry consultation bodyWithout 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 solely to advise the Commission on technical aspects of the implementation of the single European sky.Article 7Relations with European third countriesThe Community shall aim at and support the extension of the single European sky to countries which are not members of the European Union. To that end, it shall endeavour, either within the framework of agreements concluded with neighbouring third countries, or within the context of Eurocontrol, to extend the scope of this Regulation, and of the measures referred to in Article 3, to those countries.Article 8Implementing rules1. For the development of implementing rules pursuant to Article 3 which fall within the remit of Eurocontrol, the Commission shall issue mandates to Eurocontrol setting out the tasks to be performed and the timetable therefor. In this connection, it shallendeavour 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).2. On the basis of the work completed pursuant to paragraph 1, decisions regarding 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). These decisions shall be published in the Official Journal of the European Union.3. Notwithstanding paragraph 2, if Eurocontrol cannot accept a mandate that was issued to it under paragraph 1, or if the Commission, in consultation with the Committee, considers that(a) the work carried out on the basis of such mandate is not progressing satisfactorily given the deadline set, or(b) the results of the work carried out are not adequate,the Commission, acting in accordance with the procedure referred to in Article 5(3), may adopt alternative measures to achieve the objectives of the mandate concerned.4. For the development of implementing rules pursuant to Article 3 which fall outside the remit of Eurocontrol, the Commission shall act in accordance with the procedure referred to in Article 5(3).Article 9SanctionsThe sanctions that Member States shall lay down for infringements of this Regulation and of the measures referred to in Article 3 by airspace users and service providers shall be effective, proportional and dissuasive.Article 10Consultation of stakeholdersThe Member States, acting in accordance with their national legislation, and the Commission shall establish consultation mechanisms for appropriate involvement of stakeholders in the implementation of the single European sky.Such stakeholders may include:- air navigation service providers,- airspace users,- airports,- manufacturing industry, and- professional staff representative bodies.Consultation of stakeholders shall cover, in particular, the development and introduction of new concepts and technologies in the EATMN.Article 11Performance review1. The Commission shall ensure the examination and evaluation of air navigation performance, drawing upon the existing expertise of Eurocontrol.2. The analysis of the information collected for the purposes of paragraph 1 aims at:(a) allowing the comparison and improvement of air navigation service provision;(b) assisting air navigation service providers to deliver the required services;(c) improving the consultation process between airspace users, air navigation service providers and airports;(d) allowing the identification and the promotion of best practice, including improved safety, efficiency and capacity.3. Without prejudice to the public's right of access to the Commission's documents as laid down in Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents(14), the Commission shall adopt, in accordance with the procedure referred to in Article 5(3), measures for the dissemination to interested parties of the information referred to in paragraph 2.Article 12Supervision, monitoring and methods of impact assessment1. The supervision, monitoring and methods of impact assessment shall be based on the submission of annual reports by the Member States on implementation of the actions taken pursuant to this Regulation and to the measures referred to in Article 3.2. The Commission shall periodically review the application of this Regulation and of the measures referred to in Article 3, and shall report to the European Parliament and to the Council, on the first occasion by 20 April 2007, and every three years thereafter. For this purpose, the Commission may request from the Member States information additional to the information contained in the reports submitted by them in accordance with paragraph 1.3. For the purposes of drafting the reports referred to in paragraph 2, the Commission shall request the opinion of the Committee.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, 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.Article 13SafeguardsThis Regulation shall not prevent the application of measures by a Member State to the extent to which these are needed to safeguard essential security or defence policy interests. Such measures are in particular those which are imperative:- for the surveillance of airspace that is under its responsibility in accordance with ICAO Regional Air Navigation agreements, including the capability to detect, identify and evaluate all aircraft using such airspace, with a view to seeking to safeguard safety of flights and to take action to ensure security and defence needs,- in the event of serious internal disturbances affecting the maintenance of law and order,- in the event of war or serious international tension constituting a threat of war,- for the fulfilment of a Member State's international obligations in relation to the maintenance of peace and international security,- in order to conduct military operations and training, including the necessary possibilities for exercises.Article 14Entry into forceThis Regulation shall enter into force on the 20th day following that of its publication in the Official Journal of the European Union.This Regulation shall be binding in its entirety and directly applicable in all Member States.Done at Strasbourg, 10 March 2004.For the European ParliamentThe PresidentP. CoxFor the CouncilThe PresidentD. Roche(1) OJ C 103 E, 30.4.2002, p. 1.(2) OJ C 241, 7.10.2002, p. 24.(3) OJ C 278, 14.11.2002, p. 13.(4) Opinion of the European Parliament of 3 September 2002 (OJ C 272 E, 13.11.2003, p. 296), Council common position of 18 March 2003 (OJ C 129 E, 3.6.2003, p. 1) and position of the European Parliament of 3 July 2003 (not yet published in the Official Journal). Legislative resolution of the European Parliament of 29 January 2004 and Decision of the Council of 2 February 2004.(5) See page 9 of this Official Journal.(6) OJ L 225, 12.8.1998, p. 27.(7) OJ L 184, 17.7.1999, p. 23.(8) OJ C 38, 6.2.2001, p. 3.(9) See page 33 of this Official Journal.(10) Convention modified by the protocol of 12 February 1981 and revised by the protocol of 27 June 1997.(11) See page 20 of this Official Journal.(12) See page 10 of this Official Journal.(13) See page 26 of this Official Journal.(14) OJ L 145, 31.5.2001, p. 43.STATEMENT BY THE MEMBER STATES ON MILITARY ISSUES RELATED TO THE SINGLE EUROPEAN SKYThe Member States,- taking into account that the Regulations aimed at creating the single European sky apply only to general air traffic and do not cover military operations and training,- affirming the necessity to put into practice the legislative framework for the single European sky in a coherent and consistent way, taking full account of the needs related to national defence and security policy and international agreements,- being convinced that the safe and efficient use of airspace can only be achieved through close cooperation between civil and military users of airspace, mainly based on the concept of flexible use of airspace and effective civil-military coordination as established by ICAO,declare that they will:1. cooperate with each other, taking into account national military requirements, in order that the concept of flexible use of airspace is fully and uniformly applied in all Member States by all users of airspace;2. ensure that the interests of Member States' military users of airspace will, where relevant, be represented in the whole development, decision-making process and implementation of the single European sky, including the Single Sky Committee set up under Article 5 of Regulation (EC) No 549/2004 (framework Regulation);3. ensure, where appropriate, that military personnel are involved in the work undertaken by recognised organisations set up under Article 3 of Regulation (EC) No 550/2004 (service provision Regulation);4. take into account, in relation to matters of air traffic management, the fundamental importance of Eurocontrol;5. enhance civil military cooperation and, if and to the extent deemed necessary by all Member States concerned,- facilitate cooperation between their armed forces in all matters of air traffic management, so as to make it possible to address relevant needs in the implementation of the regulatory framework for the single European sky;- taking into account the objective of establishing the regulatory framework for the single European sky by 31 December 2004, create the arrangements necessary to support such military cooperation in order to guarantee a balanced consideration of economic as well as security and defence requirements.

Summary: Framework for creation of the single European sky (SES) Framework for creation of the single European sky (SES) SUMMARY OF: Regulation (EC) No 549/2004 laying down the framework for the creation of the single European sky (the framework Regulation) WHAT IS THE AIM OF THE REGULATION? It is part of a package of legislation on air traffic management designed to establish a single European sky to ensure the optimal use of European airspace to meet the requirements of all airspace users. This regulation aims to: improve current safety standards and overall efficiency for general air traffic in Europe;optimise capacity; andminimise delays. The regulation was amended by Regulation (EC) No 1070/2009 in view of the plan to extend the responsibilities of the European Union Aviation Safety Agency to include air traffic management safety. This amendment permits the European Commission to update legislation in line with to technical or operational developments, as well as to lay down the basic criteria and procedures for using certain network management functions. KEY POINTS National supervisory authorities EU countries must, jointly or individually, nominate or establish one or more bodies as their national supervisory authorities to perform the tasks assigned to such authorities by the regulation. These authorities must be independent of air navigation service providers. Single Sky Committee A Single Sky Committee is set up to assist the Commission with managing the single European sky and to ensure that due account is taken of the interests of all categories of users. It consists of 2 representatives of each EU country and is chaired by a representative of the Commission. Implementing rules Eurocontrol is involved in the development of implementing rules which fall within its remit, on the basis of mandates agreed by the Single Sky Committee. Performance review The regulation introduces a performance review mechanism for air navigation services and network functions. This includes: EU-wide performance targets on the key performance areas of safety, the environment, capacity and cost-efficiency; national plans or plans for functional airspace blocks* ensuring consistency with the EU-wide targets; and periodic review, monitoring and benchmarking of the performance of air navigation services and network functions. Commission Implementing Regulation (EU) 2019/317 lays down the rules for operating the performance scheme for air navigation services and network functions, and those relating to the charging scheme referred to in Regulation (EC) No 550/2004 on air navigation services — see summary. Safeguards This regulation does not prevent EU countries from applying measures needed to safeguard essential security or defence policy interests. FROM WHEN DOES THE REGULATION APPLY? It has applied since 20 April 2004. BACKGROUND The first ‘Single European sky’ package consists of this framework regulation plus 3 technical regulations on the provision of air navigation services (Regulation (EC) No 550/2004), organisation and use of the airspace (Regulation (EC) No 551/2004) and the interoperability of the European air traffic management network (now under Regulation (EU) 2018/1139 or other related delegated or implementing regulations which repealed and replaced Regulation (EC) No 552/2004). These regulations are designed, in particular, to improve and reinforce safety and to reorganise the airspace on the basis of traffic instead of national borders. For more information, see: Single European Sky (European Commission) KEY TERMS Functional airspace block: an airspace block based on operational requirements rather than national borders, where air navigation and related services are performance-driven and optimised in order to introduce, in each functional airspace block, enhanced cooperation among air navigation service providers or, where appropriate, an integrated provider. MAIN DOCUMENT 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) (OJ L 96, 31.3.2004, pp. 1-9) Successive amendments to Regulation (EC) No 549/2004 have been incorporated into the original text. This consolidated version is of documentary value only. RELATED DOCUMENTS Commission Implementing Decision (EU) 2019/903 of 29 May 2019 setting the Union-wide performance targets for the air traffic management network for the third reference period starting on 1 January 2020 and ending on 31 December 2024 (OJ L 144, 3.6.2019, pp. 49-55) Commission Implementing Regulation (EU) 2019/317 of 11 February 2019 laying down a performance and charging scheme in the single European sky and repealing Implementing Regulations (EU) No 390/2013 and (EU) No 391/2013 (OJ L 56, 25.2.2019, pp. 1-67) Regulation (EU) 2018/1139 of the European Parliament and of the Council of 4 July 2018 on common rules in the field of civil aviation and establishing a European Union Aviation Safety Agency, and amending Regulations (EC) No 2111/2005, (EC) No 1008/2008, (EU) No 996/2010, (EU) No 376/2014 and Directives 2014/30/EU and 2014/53/EU of the European Parliament and of the Council, and repealing Regulations (EC) No 552/2004 and (EC) No 216/2008 of the European Parliament and of the Council and Council Regulation (EEC) No 3922/91 (OJ L 212, 22.8.2018, pp. 1-122) Commission Implementing Decision (EU) 2017/259 of 13 February 2017 concerning certain revised performance targets and appropriate measures included in the national or functional airspace block plans submitted pursuant to Regulation (EC) No 549/2004 of the European Parliament and of the Council that are not adequate in respect to the Union-wide performance targets for the second reference period and setting out obligations for corrective measures (OJ L 38, 15.2.2017, pp. 76-85) Commission Implementing Decision (EU) 2015/348 of 2 March 2015 concerning the consistency of certain targets included in the national or functional airspace block plans submitted pursuant to Regulation (EC) No 549/2004 of the European Parliament and of the Council with the Union-wide performance targets for the second reference period (OJ L 60, 4.3.2015, pp. 55-67) See consolidated version. Commission Implementing Decision 2014/132/EU of 11 March 2014 setting the Union-wide performance targets for the air traffic management network and alert thresholds for the second reference period 2015-19 (OJ L 71, 12.3.2014, pp. 20-23) Commission Implementing Regulation (EU) No 409/2013 of 3 May 2013 on the definition of common projects, the establishment of governance and the identification of incentives supporting the implementation of the European Air Traffic Management Master Plan (OJ L 123, 4.5.2013, pp. 1-7) Regulation (EC) No 551/2004 of the European Parliament and of the Council of 10 March 2004 on the organisation and use of the airspace in the single European sky (the airspace Regulation) (OJ L 96, 31.3.2004, pp. 20-25) See consolidated version. Regulation (EC) No 550/2004 of the European Parliament and of the Council of 10 March 2004 on the provision of air navigation services in the single European sky (the service provision Regulation) (OJ L 96, 31.3.2004, pp. 10-19) See consolidated version. last update 08.05.2020