EUR-Lex - 32004R0789 - EN Important legal notice | 32004R0789 Regulation (EC) No 789/2004 of the European Parliament and of the Council of 21 April 2004 on the transfer of cargo and passenger ships between registers within the Community and repealing Council Regulation (EEC) No 613/91 (Text with EEA relevance) Official Journal L 138 , 30/04/2004 P. 0019 - 0023 Regulation (EC) No 789/2004 of the European Parliament and of the Councilof 21 April 2004on the transfer of cargo and passenger ships between registers within the Community and repealing Council Regulation (EEC) No 613/91(Text with EEA relevance)THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 80(2) thereof,Having regard to the proposal from the Commission,Having regard to the opinion of the European Economic and Social Committee [1],After consulting the Committee of the Regions,Acting in accordance with the procedure laid down in Article 251 of the Treaty [2],Whereas:(1) The establishment and functioning of the internal market involve the elimination of technical barriers to the transfer of cargo and passenger ships between the registers of Member States. Measures to facilitate the transfer of cargo and passenger ships within the Community are also required to reduce the costs and administrative procedures involved in a change of register within the Community, thereby improving the operating conditions and the competitive position of Community shipping.(2) It is necessary, at the same time, to safeguard a high level of ship safety and environmental protection, in compliance with International Conventions.(3) The requirements set out in the 1974 International Convention for the Safety of life at Sea (1974 SOLAS), the 1966 International Convention on Load Lines (LL 1966) and the 1973 International Convention for the Prevention of Pollution from Ships, as amended by the 1978 Protocol (MARPOL 73/78) provide for a high level of ship safety and environmental protection. The International Convention on Tonnage Measurement of Ships, 1969 provides for a uniform system for the measurement of the tonnage of merchant ships.(4) The international regime applicable to passenger ships has been strengthened and refined through the adoption of a considerable number of amendments to 1974 SOLAS by the International Maritime Organisation (IMO) and an increased convergence of the interpretations of the 1974 SOLAS rules and standards.(5) The transfer of cargo and passenger ships flying the flag of a Member State between the registers of Member States should not be impeded by technical barriers, provided that the ships have been certified as complying with the provisions of relevant international Conventions by Member States or, on their behalf, by the organisations recognised under Council Directive 94/57/EC of 22 November 1994, on common rules and standards for ship inspection and survey organisations and for the relevant activities of maritime administrations [3].(6) A Member State receiving a ship should however remain able to apply rules which differ in scope and nature from those referred to in the Conventions listed in Article 2(a).(7) In order to ensure a prompt and informed decision by the Member State of the receiving register, the Member State of the losing register should provide it with all relevant available information on the ship's condition and equipment. The Member State of the receiving register should, nevertheless, be able to subject the ship to an inspection to confirm its condition and equipment.(8) Ships which have been refused access to Member States' ports under Council Directive 95/21/EC of 19 June 1995, concerning the enforcement, in respect of shipping using Community ports and sailing in the waters under the jurisdiction of the Member States, of international standards for ship safety, pollution prevention and shipboard living and working conditions (port State control) [4] or which have been detained more than once following an inspection in the port during the three years preceding the application for registration should not be able to benefit from the possibility of being transferred under the simplified system to another register within the Community.(9) Relevant International Conventions leave important points of interpretation of the requirements to the discretion of the Parties. On the basis of their own interpretation, Member States issue to all ships flying their flags, that are subject to the provisions of relevant International Conventions, certificates certifying their compliance with these provisions. Member States enforce national technical regulations, some provisions of which contain requirements other than those in the Conventions and in associated technical standards. An appropriate procedure should therefore be established in order to reconcile divergences in the interpretation of existing requirements which may occur upon a request for transfer of register.(10) In order to enable the implementation of this Regulation to be monitored, Member States should provide the Commission with succinct yearly reports. In the first yearly report Member States should identify any measures taken to facilitate the implementation of this Regulation.(11) The provisions of Council Regulation (EEC) No 613/91 of 4 March 1991 on the transfer of ships from one register to another within the Community [5], are significantly reinforced and extended by this Regulation. Regulation (EEC) No 613/91 should therefore be repealed.(12) 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 [6],HAVE ADOPTED THIS REGULATION:Article 1PurposeThe purpose of this Regulation is to eliminate technical barriers to the transfer of cargo and passenger ships flying the flag of a Member State between the registers of the Member States while, at the same time, ensuring a high level of ship safety and environmental protection, in accordance with International Conventions.Article 2DefinitionsFor the purposes of this Regulation:"Conventions" means the 1974 International Convention for the Safety of Life at Sea (1974 SOLAS), the 1966 International Convention on Load Lines (LL 66), the 1969 International Convention on Tonnage Measurement of Ships, and the 1973 International Convention for the Prevention of Pollution from Ships, as amended by the 1978 Protocol relating thereto (MARPOL 73/78), in their up-to-date versions, and related codes of mandatory status adopted in the framework of the International Maritime Organisation (IMO), together with Protocols and amendments thereto in their up-to-date versions;"Requirements" means the safety, security and pollution-prevention requirements relating to the construction and equipment of ships laid down in the Conventions and, for passenger ships engaged on domestic voyages, those set out in Council Directive 98/18/EC of 17 March 1998 on safety rules and standards for passenger ships [7];"Certificates" means certificates, documents and statements of compliance issued by a Member State or by a recognised organisation on its behalf in accordance with the Conventions, and for passenger ships engaged on domestic voyages, those issued in accordance with Article 11 of Directive 98/18/EC;"Passenger ship" means a ship carrying more than twelve passengers;(i) the master and the members of the crew or other persons employed or engaged in any capacity on board a ship on the business of that ship; and(ii) a child under one year of age;"Domestic voyage" means a voyage in sea areas from a port of a Member State to the same or another port within that Member State;"International voyage" means a voyage by sea from a port of a Member State to a port outside that Member State, or conversely;"Cargo ship" means a ship which is not a passenger ship;"Recognised organisation" means an organisation recognised in accordance with Article 4 of Directive 94/57/EC.Article 3Scope1. This Regulation shall apply to:(i) were built on or after 25 May 1980, or(ii) were built before that date, but have been certified by a Member State or by a recognised organisation acting on its behalf as complying with the regulations for new ships defined in 1974 SOLAS, or, in the case of chemical tankers and gas carriers, with the relevant Standard codes for ships built on or after 25 May 1980;(i) were built on or after 1 July 1998, or- in Directive 98/18/EC, for ships engaged on domestic voyages,- in 1974 SOLAS, for ships engaged on international voyages.2. This Regulation shall not apply to:(a) ships following delivery after completion of their construction that do not carry valid full-term certificates from the Member State of the losing register;(b) ships that have been refused access to Member States' ports in accordance with Directive 95/21/EC during the three years preceding application for registration and to ships that have been detained following inspection in the port of a State signatory of the Paris Memorandum of Understanding of 1982 on Port State Control and for reasons relating to the requirements defined in Article 2(b), more than once during the three years preceding application for registration. Member States shall nevertheless give due and timely consideration to applications in respect of such ships;(c) ships of war or troopships, or other ships owned or operated by a Member State and used only on government non-commercial service;(d) ships not propelled by mechanical means, wooden ships of primitive build, pleasure yachts not engaged in trade or a fishing vessel;(e) cargo ships of less than 500 gross tonnage.Article 4Transfer of register1. A Member State shall not withhold from registration, for technical reasons arising from the Conventions, a ship registered in another Member State which complies with the requirements and carries valid certificates and equipment approved or type-approved in accordance with Council Directive 96/98/EC of 20 December 1996 on marine equipment [8].In order to fulfil their obligations under regional environmental instruments ratified before 1 January 1992, Member States may impose additional rules in accordance with the optional Annexes to the Conventions.2. This Article shall apply without prejudice, where applicable, to any specific requirements laid down for the operation of a ship under Article 7 of Directive 98/18/EC and Article 6 of Directive 2003/25/EC of the European Parliament and of the Council of 14 April 2003 on specific stability requirements for ro-ro passenger ships [9].3. Upon receiving the request for transfer, the Member State of the losing register shall provide the Member State of the receiving register, or make available to the recognised organisation acting on its behalf, all relevant information on the ship, in particular, on her condition and equipment. This information shall contain the history file of the vessel and, if applicable, a list of the improvements required by the losing register for registering the ship or renewing her certificates and of overdue surveys. The information shall include all the certificates and particulars of the ship as required by the Conventions and relevant Community instruments as well as Flag State inspection and Port State control records. The Member States shall cooperate to ensure proper implementation of this paragraph.4. Before registering a ship, the Member State of the receiving register, or the recognised organisation acting on its behalf, may subject the ship to an inspection to confirm that the actual condition of the ship and her equipment correspond to the certificates referred to in Article 3. The inspection shall be performed within a reasonable time frame.5. If, following the inspection and having given the ship owner a reasonable opportunity to rectify any deficiencies, the Member State of the receiving register, or the recognised organisation acting on its behalf, is unable to confirm correspondence with the certificates, it shall notify the Commission in accordance with Article 6(1).Article 5Certificates1. Upon the transfer and without prejudice to Directive 94/57/EC, the Member State of the receiving register, or the recognised organisation acting on its behalf, shall issue certificates to the ship under the same conditions as those under the flag of the Member State of the losing register, provided the reasons or the grounds on the basis of which the Member State of the losing register imposed any condition or granted any exemption or waiver continue to apply.2. At the time of renewal, extension or revision of the certificates, the Member State of the receiving register, or the recognised organisation acting on its behalf, shall not impose requirements other than those initially prescribed for the full-term certificates insofar as requirements for existing ships and conditions remain unchanged.Article 6Refusal of transfer and interpretation1. The Member State of the receiving register shall immediately notify the Commission of any refusal to issue, or to authorise the issuing of, new certificates to a ship for reasons based on divergences of interpretation of the requirements or of the provisions which the Conventions or relevant Community instruments leave to the discretion of the Parties.Unless the Commission is informed of an agreement between the Member States concerned within one month, it shall initiate proceedings in order to take a decision in accordance with the procedure referred to in Article 7(2).2. Where a Member State considers that a ship cannot be registered under Article 4 for reasons relating to serious danger to safety, security or to the environment, other than those referred to in paragraph 1, registration may be suspended.The Member State shall immediately bring the matter to the attention of the Commission, stating the reasons for the suspension of the registration. The decision not to register the ship shall be confirmed or not in accordance with the procedure referred to in Article 7(2).3. The Commission may consult the Committee referred to in Article 7 on any matter related to the interpretation and implementation of this Regulation, in particular in order to ensure that standards of safety, security and environmental protection are not reduced.Article 7Committee procedure1. The Commission shall be assisted by the Committee on Safe Seas and the Prevention of Pollution from Ships (COSS) set up by Article 3 of Regulation (EC) No 2099/2002 of the European Parliament and of the Council of 5 November 2002 establishing a Committee on Safe Seas and the Prevention of Pollution from Ships (COSS) and amending the Regulations on maritime safety and the prevention of pollution from ships [10] (Committee).2. Where reference is made to this paragraph, Articles 5 and 7 of Council Decision 1999/468/EC shall apply having regard to the provisions of Article 8 thereof.The period laid down in Article 5(6) of Decision 1999/468/EC shall be set at two months.3. The Committee shall adopt its Rules of Procedure.Article 8Reporting1. Member States shall transmit to the Commission a succinct yearly report on the implementation of this Regulation. The report shall provide statistical data on the transfer of ships carried out in accordance with this Regulation and list any difficulties encountered in its implementation.2. By 20 May 2008 the Commission shall submit a report to the European Parliament and the Council on the implementation of this Regulation, based in part on the reports submitted by the Member States. In this report, the Commission shall assess, inter alia, whether it is appropriate to amend the Regulation.Article 9Amendments1. The definitions in Article 2 may be amended in accordance with the procedure referred to in Article 7(2) in order to take account of developments at international level, in particular, in the IMO and to improve the effectiveness of this Regulation in the light of experience and of technical progress, insofar as such amendments do not broaden the scope of this Regulation.2. Any amendment to the Conventions may be excluded from the scope of this Regulation, pursuant to Article 5 of Regulation (EC) No 2099/2002.Article 10RepealRegulation (EEC) No 613/91 is hereby repealed.Article 11Entry 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, 21 April 2004.For the European ParliamentThe PresidentP. CoxFor the CouncilThe PresidentD. Roche[1] OJ C 80, 30.3.2004, p. 88.[2] Opinion of the European Parliament of 13 January 2004 (not yet published in the Official Journal) and Decision of the Council of 6 April 2004.[3] OJ L 319, 12.12.1994, p. 20. Directive as last amended by Directive 2002/84/EC of the European Parliament and of the Council (OJ L 324, 29.11.2002, p. 53).[4] OJ L 157, 7.7.1995, p. 1. Directive as last amended by Directive 2002/84/EC.[5] OJ L 68, 15.3.1991, p. 1. Regulation as amended by Regulation (EC) No 2099/2002 of the European Parliament and of the Council (OJ L 324, 29.11.2002, p. 1).[6] OJ L 184, 17.7.1999, p. 23.[7] OJ L 144, 15.5.1998, p. 1. Directive as last amended by Commission Directive 2003/75/EC (OJ L 190, 30.7.2003, p. 6).[8] OJ L 46, 17.2.1997, p. 25. Directive as last amended by Directive 2002/84/EC.[9] OJ L 123, 17.5.2003, p. 22.[10] OJ L 324, 29.11.2002, p. 1.--------------------------------------------------

Summary: Transfer of cargo and passenger ships between registers within the EU Transfer of cargo and passenger ships between registers within the EU SUMMARY OF: Regulation (EC) No 789/2004 on the transfer of cargo and passenger ships between registers within the EU WHAT IS THE AIM OF THE REGULATION? It aims to eliminate the technical barriers to the transfer of cargo and passenger ships flying the flag of an EU country between the registers of EU countries while ensuring a high level of ship safety and environmental protection in compliance with international conventions. KEY POINTS Scope The regulation applies to passenger ships built on or after 1 July 1998 and cargo ships built on or after 25 May 1980 or ships that were built before those dates but have been certified as complying with the relevant European and the International Maritime Organization regulations. However, the regulation does not apply to: ships delivered after completion of their construction that do not carry valid full-term certificates from the EU country of the losing register;ships that have been refused access to EU countries’ ports in accordance with Directive 2009/16/EC on port State control (see summary) during the 3 years preceding application for registration following inspection in the port of a State signatory of the Paris Memorandum of Understanding of 1982 on Port State Control;warships or troopships, or other ships owned or operated by an EU country and used only for government non-commercial purposes;ships not propelled by mechanical means, wooden ships of primitive build, pleasure yachts not engaged in trade or fishing vessels;cargo ships of less than 500 gross tonnage. Transfer between registers EU countries will not withhold from registration, for technical reasons arising from the conventions, a ship registered in another EU country which complies with the requirements and carries valid certificates and marine equipment in accordance with Directive 2014/90/EU (see summary). Upon receiving the request for transfer, the EU country of the losing register will provide the EU country of the receiving register with all relevant information on the ship, in particular on its condition and equipment. This information contains the history file of the vessel, a list of the improvements required by the losing register for registering the ship or renewing its certificates and a list of overdue surveys. Before registering a ship, the EU country of the receiving register will subject the ship to an inspection to confirm that the actual condition of the ship and its equipment correspond to the certificates. Certificates Upon the transfer, the EU country of the receiving register, or the recognised organisation acting on its behalf, will issue certificates to the ship under the same conditions as those issued under the flag of the EU country of the losing register. At the time of renewal, extension or revision of the certificates, the EU country of the receiving register, or the recognised organisation acting on its behalf, will not impose requirements other than those initially prescribed for the full-term certificates. Refusal of transfer and interpretation The EU country of the receiving register will immediately notify the European Commission of any refusal to issue, or to authorise the issuing of, new certificates to a ship. Where an EU country considers that a ship cannot be registered for reasons relating to serious danger to security, safety or to the environment, registration may be suspended. Reporting Each year, EU countries submit a succinct yearly report on the implementation of the regulation to the Commission. In 2015, the Commission submitted a report to the European Parliament and the Council on the implementation of the regulation. FROM WHEN DOES THE REGULATION APPLY? It has applied since 20 May 2004. BACKGROUND Measures to facilitate the transfer of cargo and passenger ships within the EU are required in order to reduce costs and administrative procedures. The regulation reconciles considerations relating to the internal market (eliminating technical barriers to the transfer of ships between the registers of the EU countries) and requirements relating to maritime safety (high levels of ship safety and environmental protection). It recognises the appropriateness for the EU of the safety standards laid down in the conventions of the International Maritime Organization. MAIN DOCUMENT Regulation (EC) No 789/2004 of the European Parliament and of the Council of 21 April 2004 on the transfer of cargo and passenger ships between registers within the Community and repealing Council Regulation (EEC) No 613/91 (OJ L 138, 30.4.2004, pp. 19-23) Successive amendments to Regulation (EC) No 789/2004 have been incorporated into the original text. This consolidated version is of documentary value only. RELATED DOCUMENT Report from the Commission to the European Parliament and the Council on the implementation of Regulation (EC) no 789/2004 on the transfer of cargo and passenger ships between registers in the Community (COM(2015) 195 final, 8.5.2015) last update 29.05.2020


EUR-Lex - 32004R0550 - EN Avis juridique important | 32004R0550 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) (Text with EEA relevance) Official Journal L 096 , 31/03/2004 P. 0010 - 0019 Regulation (EC) No 550/2004 of the European Parliament and of the Councilof 10 March 2004on the provision of air navigation services in the single European sky(the service provision 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) Member States have restructured, to varying degrees, their national air navigation service providers by increasing their level of autonomy and freedom to provide services. It is increasingly necessary to ensure that minimum public-interest requirements are satisfied under this new environment.(2) The report of the High Level Group on the single European sky of November 2000 has confirmed the need for rules at Community level to distinguish between regulation and service provision and to introduce a system of certification aimed at preserving public interest requirements, most notably in terms of safety, and to improve charging mechanisms.(3) Regulation (EC) No 549/2004 of the European Parliament and of the Council of 10 March 2004 (the framework Regulation)(5) lays down the framework for the creation of the single European sky.(4) In order to create the single European sky, measures should be adopted to ensure the safe and efficient provision of air navigation services consistent with 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 2004 on the organisation and use of the airspace in the single European sky (the airspace Regulation)(6). The establishment of a harmonised organisation for the provision of such services is important in order to respond adequately to the demand of airspace users and to regulate air traffic safely and efficiently.(5) The provision of air traffic services, as envisaged by this Regulation, is connected with the exercise of the powers of a public authority, which are not of an economic nature justifying the application of the Treaty rules of competition.(6) Member States are responsible for monitoring the safe and efficient provision of air navigation services and for the control of compliance by air navigation service providers with the common requirements established at Community level.(7) Member States should be permitted to entrust to recognised organisations, which are technically experienced, the verification of compliance of air navigation service providers with the common requirements established at Community level.(8) Smooth operation of the air transport system also requires uniform and high safety standards for air navigation service providers.(9) Arrangements should be made to harmonise the licensing systems for controllers, in order to improve the availability of controllers and to promote the mutual recognition of licences.(10) Whilst guaranteeing the continuity of service provision, a common system should be established for certifying air navigation service providers, which constitutes a means for defining the rights and obligations of those providers and for regular monitoring of compliance with such requirements.(11) Conditions attached to certificates should be objectively justified and should be non-discriminatory, proportionate and transparent, and compatible with relevant international standards.(12) The certificates should be mutually recognised by all Member States in order to allow air navigation service providers to provide services in a Member State other than the country in which they obtained their certificates, within the limits of the safety requirements.(13) The provision of communication, navigation and surveillance services, as well as aeronautical information services, should be organised under market conditions whilst taking into account the special features of such services and maintaining a high level of safety.(14) In the interest of facilitating the safe handling of air traffic across the boundaries of the Member States for the benefit of the airspace users and their passengers, the system of certification should provide for a framework to enable Member States to designate providers of air traffic services, regardless of where they have been certified.(15) On the basis of their analysis of safety considerations, Member States should be able to designate one or more providers of meteorological services in respect of all or part of the airspace under their responsibility, without the need to organise a call for tenders.(16) Air navigation service providers should establish and maintain close cooperation with military authorities responsible for activities that may affect general air traffic, through appropriate arrangements.(17) The accounts of all air navigation service providers should provide for maximum transparency.(18) The introduction of harmonised principles and conditions for access to operational data should facilitate the provision of air navigation services and the operation of airspace users and airports under a new environment.(19) Charging conditions applying to airspace users should be fair and transparent.(20) User charges should provide remuneration for the facilities and services provided by air navigation service providers and Member States. The level of user charges should be proportionate to the cost, taking into consideration the objectives of safety and economic efficiency.(21) There should be no discrimination between airspace users as to the provision of equivalent air navigation services.(22) Air navigation service providers offer certain facilities and services directly related to the operation of aircraft, the costs of which they should be able to recover according to the "user pays" principle, which is to say that airspace users should pay for the costs they generate at, or as close as possible to, the point of use.(23) It is important to ensure the transparency of the costs to which such facilities or services give rise. Accordingly, any changes made to the system or level of charges should be explained to airspace users; such changes or investment proposed by air navigation service providers should be explained as part of an exchange of information between their management bodies and airspace users.(24) There should be scope for modulating charges that contribute to maximising system-wide capacity. Financial incentives may be a useful way of accelerating the introduction of ground-based or airborne equipment that increases capacity, of rewarding high performance or of offsetting the inconvenience of choosing less desirable routings.(25) In the context of those revenues raised to provide a reasonable return on assets, and in direct correlation with the savings made from efficiency improvements, the Commission should study the possibility of establishing a reserve aimed at reducing the impact of a sudden increase in charges to airspace users at times of reduced levels of traffic.(26) The Commission should examine the feasibility of organising temporary financial aid for measures to increase the capacity of Europe's air traffic control system as a whole.(27) The establishment and imposition of charges on airspace users should be reviewed by the Commission on a regular basis, in cooperation with Eurocontrol, and with national supervisory authorities and airspace users.(28) Owing to the particular sensitivity of information concerning air navigation service providers, national supervisory authorities should not disclose information covered by the obligation of professional secrecy, without prejudice to the organisation of a system for monitoring and publishing the performance of those providers,HAVE ADOPTED THIS REGULATION:CHAPTER IGENERALArticle 1Scope and objective1. Within the scope of the framework Regulation, this Regulation concerns the provision of air navigation services in the single European sky. The objective of this Regulation is to establish common requirements for the safe and efficient provision of air navigation services in the Community.2. This Regulation shall apply to the provision of air navigation services for general air traffic in accordance with and within the scope of the framework Regulation.Article 2Tasks of national supervisory authorities1. The national supervisory authorities referred to in Article 4 of the framework Regulation shall ensure the appropriate supervision of the application of this Regulation, in particular with regard to the safe and efficient operation of air navigation service providers which provide services relating to the airspace falling under the responsibility of the Member State which nominated or established the relevant authority.2. To this end, each national supervisory authority shall organise proper inspections and surveys to verify compliance with the requirements of this Regulation. The air navigation service provider concerned shall facilitate such work.3. In respect of functional airspace blocks that extend across the airspace falling under the responsibility of more than one Member State, the Member States concerned shall conclude an agreement on the supervision provided for in this Article with regard to the air navigation service providers providing services relating to those blocks. Member States may conclude an agreement on the supervision provided for in this Article with regard to the air navigation service provider providing services in a Member State other than that in which the provider has its principal place of operation.4. National supervisory authorities shall make appropriate arrangements for close cooperation with each other to ensure adequate supervision of air navigation service providers holding a valid certificate from one Member State that also provide services relating to the airspace falling under the responsibility of another Member State. Such cooperation shall include arrangements for the handling of cases involving non-compliance with the applicable common requirements set out in Article 6 or conditions set out in Annex II.Article 3Recognised organisations1. National supervisory authorities may decide to delegate in full or in part the inspections and surveys referred to in Article 2(2) to recognised organisations that fulfil the requirements set out in Annex I.2. A recognition granted by a national supervisory authority shall be valid within the Community for a renewable period of three years. National supervisory authorities may instruct any of the recognised organisations located in the Community to undertake these inspections and surveys.Article 4Safety requirementsThe Commission shall, in accordance with the procedure referred to in Article 5(3) of the framework Regulation, identify and adopt the Eurocontrol safety regulatory requirements (ESARRs) and subsequent amendments to those requirements within the scope of this Regulation that shall be made mandatory under Community law. Publication shall take the form of references to such ESARRs in the Official Journal of the European Union.Article 5Licensing of controllersAs soon as possible after the entry into force of this Regulation, the Commission shall present, if appropriate, a proposal to the European Parliament and to the Council on the licensing of controllers.CHAPTER IIRULES FOR THE PROVISION OF SERVICESArticle 6Common requirementsCommon requirements for the provision of air navigation services shall be established in accordance with the procedure referred to in Article 5(3) of the framework Regulation. The common requirements shall include the following:- technical and operational competence and suitability,- systems and processes for safety and quality management,- reporting systems,- quality of services,- financial strength,- liability and insurance cover,- ownership and organisational structure, including the prevention of conflicts of interest,- human resources, including adequate staffing plans,- security.Article 7Certification of air navigation service providers1. The provision of all air navigation services within the Community shall be subject to certification by Member States.2. Applications for certification shall be submitted to the national supervisory authority of the Member State where the applicant has its principal place of operation and, if any, its registered office.3. National supervisory authorities shall issue certificates to air navigation service providers where they comply with the common requirements referred to in Article 6. Certificates may be issued individually for each type of air navigation service as defined in Article 2 of the framework Regulation, or for a bundle of such services, inter alia, where a provider of air traffic services, whatever its legal status, operates and maintains its own communication, navigation and surveillance systems. The certificates shall be checked on a regular basis.4. Certificates shall specify the rights and obligations of air navigation service providers, including non-discriminatory access to services for airspace users, with particular regard to safety. Certification may be subject only to the conditions set out in Annex II. Such conditions shall be objectively justified, non-discriminatory, proportionate and transparent.5. Notwithstanding paragraph 1, Member States may allow the provision of air navigation services in all or part of the airspace under their responsibility without certification in cases where the provider of such services offers them primarily to aircraft movements other than general air traffic. In those cases, the Member State concerned shall inform the Commission and the other Member States of its decision and of the measures taken to ensure maximum compliance with the common requirements.6. Without prejudice to Article 8 and subject to Article 9, the issue of certificates shall confer on air navigation service providers the possibility of offering their services to other air navigation service providers, airspace users and airports within the Community.7. National supervisory authorities shall monitor compliance with the common requirements and with the conditions attached to the certificates. Details of such monitoring shall be included in the annual reports to be submitted by Member States pursuant to Article 12(1) of the framework Regulation. If a national supervisory authority finds that the holder of a certificate no longer satisfies such requirements or conditions, it shall take appropriate measures while ensuring continuity of services. Such measures may include the revocation of the certificate.8. A Member State shall recognise any certificate issued in another Member State in accordance with this Article.9. In exceptional circumstances, Member States may postpone compliance with this Article beyond the date resulting from Article 19(2) by six months. Member States shall notify the Commission of such postponement, giving their reasons therefor.Article 8Designation of air traffic service providers1. Member States shall ensure the provision of air traffic services on an exclusive basis within specific airspace blocks in respect of the airspace under their responsibility. For this purpose, Member States shall designate an air traffic service provider holding a valid certificate in the Community.2. Member States shall define the rights and obligations to be met by the designated service providers. The obligations may include conditions for the timely supply of relevant information enabling all aircraft movements in the airspace under their responsibility to be identified.3. Member States have discretionary powers in choosing a service provider, on condition that the latter fulfils the requirements and conditions referred to in Articles 6 and 7.4. In respect of functional airspace blocks established in accordance with Article 5 of the airspace Regulation that extend across the airspace under the responsibility of more than one Member State, the Member States concerned shall jointly designate one or more air traffic service providers, at least one month before implementation of the airspace block.5. Member States shall inform the Commission and other Member States immediately of any decisions within the framework of this Article regarding the designation of air traffic service providers within specific airspace blocks in respect of the airspace under their responsibility.Article 9Designation of providers of meteorological services1. Member States may designate a provider of meteorological services to supply all or part of meteorological data on an exclusive basis in all or part of the airspace under their responsibility, taking into account safety considerations.2. Member States shall inform the Commission and other Member States without delay of any decision within the framework of this Article regarding the designation of a provider of meteorological services.Article 10Relations between service providers1. Air navigation service providers may avail themselves of the services of other service providers that have been certified in the Community.2. Air navigation service providers shall formalise their working relationships by means of written agreements or equivalent legal arrangements, setting out the specific duties and functions assumed by each provider and allowing for the exchange of operational data between all service providers in so far as general air traffic is concerned. Those arrangements shall be notified to the national supervisory authority or authorities concerned.3. In cases involving the provision of air traffic services, the approval of the Member States concerned shall be required. In cases involving the provision of meteorological services, the approval of the Member States concerned shall be required if they have designated a provider on an exclusive basis in accordance with Article 9(1).Article 11Relations with military authoritiesMember States shall, within the context of the common transport policy, take the necessary steps to ensure that written agreements between the competent civil and military authorities or equivalent legal arrangements are established in respect of the management of specific airspace blocks.Article 12Transparency of accounts1. Air navigation service providers, whatever their system of ownership or legal form, shall draw up, submit to audit and publish their financial accounts. These accounts shall comply with the international accounting standards adopted by the Community. Where, owing to the legal status of the service provider, full compliance with the international accounting standards is not possible, the provider shall endeavour to achieve such compliance to the maximum possible extent.2. In all cases, air navigation service providers shall publish an annual report and regularly undergo an independent audit.3. When providing a bundle of services, air navigation service providers shall, in their internal accounting, identify the relevant costs and income for air navigation services, broken down in accordance with Eurocontrol's principles for establishing the cost-base for route facility charges and the calculation of unit rates and, where appropriate, shall keep consolidated accounts for other, non-air-navigation services, as they would be required to do if the services in question were provided by separate undertakings.4. Member States shall designate the competent authorities that shall have a right of access to the accounts of service providers that provide services within the airspace under their responsibility.5. Member States may apply the transitional provisions of Article 9 of Regulation (EC) No 1606/2002 of the European Parliament and of the Council of 19 July 2002 on the application of international accounting standards(7) to air navigation service providers that fall within the scope of that regulation.Article 13Access to and protection of data1. In so far as general air traffic is concerned, relevant operational data shall be exchanged in real-time between all air navigation service providers, airspace users and airports, to facilitate their operational needs. The data shall be used only for operational purposes.2. Access to relevant operational data shall be granted to appropriate authorities, certified air navigation service providers, airspace users and airports on a non-discriminatory basis.3. Certified service providers, airspace users and airports shall establish standard conditions of access to their relevant operational data other than those referred to in paragraph 1. National supervisory authorities shall approve such standard conditions. Detailed rules relating to such conditions shall be established, where appropriate, in accordance with the procedure referred to in Article 5(3) of the framework Regulation.CHAPTER IIICHARGING SCHEMESArticle 14GeneralIn accordance with the requirements of Articles 15 and 16, a charging scheme for air navigation services shall be developed that contributes to the achievement of greater transparency with respect to the determination, imposition and enforcement of charges to airspace users. This scheme shall also be consistent with Article 15 of the 1944 Chicago Convention on International Civil Aviation and with Eurocontrol's charging system for en route charges.Article 15Principles1. The charging scheme shall be based on the account of costs for air navigation services incurred by service providers for the benefit of airspace users. The scheme shall allocate these costs among categories of users.2. The following principles shall be applied when establishing the cost-base for charges:(a) the cost to be shared among airspace users shall be the full cost of providing air navigation services, including appropriate amounts for interest on capital investment and depreciation of assets, as well as the costs of maintenance, operation, management and administration;(b) the costs to be taken into account in this context shall be those assessed in relation to the facilities and services provided for and implemented under the ICAO Regional Air Navigation Plan, European Region. They may also include costs incurred by national supervisory authorities and/or recognised organisations, as well as other costs incurred by the relevant Member State and service provider in relation to the provision of air navigation services;(c) the cost of different air navigation services shall be identified separately, as provided for in Article 12(3);(d) cross-subsidy between different air navigation services shall be allowed only when justified for objective reasons, and subject to clear identification;(e) transparency of the cost-base for charges shall be guaranteed. Implementing rules for the provision of information by the service providers shall be adopted in order to permit reviews of the provider's forecasts, actual costs and revenues. Information shall be regularly exchanged between the national supervisory authorities, service providers, airspace users, the Commission and Eurocontrol.3. Without prejudice to Eurocontrol's charging system for en route charges, Member States shall comply with the following principles when setting charges in accordance with paragraph 2:(a) charges shall be set for the availability of air navigation services under non-discriminatory conditions. When imposing charges on different airspace users for the use of the same service, no distinction shall be made in relation to the nationality or category of the user;(b) exemption of certain users, especially light aircraft and State aircraft, may be permitted, provided that the cost of such exemption is not passed on to other users;(c) air navigation services may produce sufficient revenues to exceed all direct and indirect operating costs and to provide for a reasonable return on assets to contribute towards necessary capital improvements;(d) charges shall reflect the cost of air navigation services and facilities made available to airspace users, taking into account the relative productive capacities of the different aircraft types concerned;(e) charges shall encourage the safe, efficient and effective provision of air navigation services with a view to a high level of safety and to cost efficiency and shall stimulate integrated service provision. To that effect, such charges may be used to provide:- mechanisms, including incentives consisting of financial advantages and disadvantages, to encourage air navigation service providers and/or airspace users to support improvements in air traffic flow management such as increased capacity and reduction of delays, while maintaining an optimum safety level. The decision as to whether to apply such mechanisms remains the sole responsibility of each Member State,- revenues to benefit projects designed to assist specific categories of airspace users and/or air navigation service providers in order to improve collective air navigation infrastructures, the provision of air navigation services and the use of airspace.4. The implementing rules in the fields covered by paragraphs 1, 2 and 3 shall be established in accordance with the procedure referred to in Article 8 of the framework Regulation.Article 16Review of charges1. The Commission shall provide for the ongoing review of compliance with the principles and rules referred to in Articles 14 and 15, acting in cooperation with the Member States. The Commission shall endeavour to establish the necessary mechanisms for making use of Eurocontrol expertise.2. At the request of one or more Member States which consider that the abovementioned principles and rules have not been properly applied, or on its own initiative, the Commission shall carry out an investigation on any allegation of non-compliance or non-application of the principles and/or rules concerned. Within two months of receipt of a request, after having heard the Member State concerned and after consulting the Single Sky Committee in accordance with the procedure referred to in Article 5(2) of the framework Regulation, the Commission shall take a decision on the application of Articles 14 and 15 and as to whether the practice concerned may continue.3. The Commission shall address its decision to the Member States and inform the service provider thereof, in so far as it is legally concerned. Any Member State may refer the Commission's decision to the Council within one month. The Council, acting by a qualified majority, may take a different decision within a period of one month.CHAPTER IVFINAL PROVISIONSArticle 17Adjustment to technical progress1. In order to make adaptations to technical developments, adjustments may be made to the Annexes in accordance with the procedure referred to in Article 5(3) of the framework Regulation.2. The Commission shall publish implementing rules adopted on the basis of this Regulation in the Official Journal of the European Union.Article 18Confidentiality1. Neither the national supervisory authorities, acting in accordance with their national legislation, nor the Commission shall disclose information of a confidential nature, in particular information about air navigation service providers, their business relations or their cost components.2. Paragraph 1 shall be without prejudice to the right of disclosure by national supervisory authorities where it is essential for the purposes of fulfilling their duties, in which case such disclosure shall be proportionate and shall have regard to the legitimate interests of air navigation service providers in the protection of their business secrets.3. Moreover, paragraph 1 shall not preclude disclosure of information, other than information of a confidential nature, on the conditions and performance of service provision.Article 19Entry into force1. This Regulation shall enter into force on the 20th day following that of its publication in the Official Journal of the European Union.2. However, Articles 7 and 8 shall enter into force one year after publication of the common requirements, as referred to in Article 6, 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. 26.(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. 303), Council common position of 18 March 2003 (OJ C 129 E, 3.6.2003, p. 16) 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 1 of this Official Journal.(6) See page 20 of this Official Journal.(7) OJ L 243, 11.9.2002, p. 1.ANNEX IREQUIREMENTS FOR RECOGNISED ORGANISATIONSThe recognised organisation must:- be able to document extensive experience in assessing public and private entities in the air transport sectors, in particular air navigation service providers, and in other similar sectors in one or more of the fields covered by this Regulation,- have comprehensive rules and regulations for the periodic survey of the abovementioned entities, published and continually upgraded and improved through research and development programmes,- not be controlled by air navigation service providers, by airport management authorities or by others engaged commercially in the provision of air navigation services or in air transport services,- be established with significant technical, managerial, support and research staff commensurate with the tasks to be carried out,- be managed and administered in such a way as to ensure the confidentiality of information required by the administration,- be prepared to provide relevant information to the national supervisory authority concerned,- have defined and documented its policy and objectives for and commitment to quality and have ensured that this policy is understood, implemented and maintained at all levels in the organisation,- have developed, implemented and maintained an effective internal quality system based on appropriate parts of internationally recognised quality standards and in compliance with EN 45004 (inspection bodies) and with EN 29001, as interpreted by the IACS Quality System Certification Scheme Requirements,- be subject to certification of its quality system by an independent body of auditors recognised by the authorities of the Member State in which it is located.ANNEX IICONDITIONS TO BE ATTACHED TO CERTIFICATES1. Certificates shall specify:(a) the national supervisory authority issuing the certificate;(b) the applicant (name and address);(c) the services which are certified;(d) a statement of the applicant's conformity with the common requirements, as defined in Article 6 of this Regulation;(e) the date of issue and the period of validity of the certificate.2. Additional conditions attached to certificates may, as appropriate, be related to:(a) non-discriminatory access to services for airspace users and the required level of performance of such services, including safety and interoperability levels;(b) the operational specifications for the particular services;(c) the time by which the services should be provided;(d) the various operating equipment to be used within the particular services;(e) ring-fencing or restriction of operations of services other than those related to the provision of air navigation services;(f) contracts, agreements or other arrangements between the service provider and a third party and which concern the service(s);(g) provision of information reasonably required for the verification of compliance of the services with the common requirements, including plans, financial and operational data, and major changes in the type and/or scope of air navigation services provided;(h) any other legal conditions which are not specific to air navigation services, such as conditions relating to the suspension or revocation of the certificate.

Summary: Single European Sky — EU rules on air navigation services Single European Sky — EU rules on air navigation services SUMMARY OF: Regulation (EC) No 550/2004 on the provision of air navigation services in the single European sky WHAT IS THE AIM OF THE REGULATION? The regulation establishes requirements for the safe and efficient provision of air navigation services for general air traffic in the European Union (EU) as part of the single European sky* initiative. It is a binding regulation, applicable to all EU countries. KEY POINTS The regulation outlines the air navigation service provider certification procedures to be adopted by the supervisory authorities of EU countries. Certificates, valid in all EU countries, specify the rights and obligations of air navigation service providers. This includes access to services for airspace users* without discrimination, and with particular regard to safety, and the possibility of offering services to other providers, airspace users and airports within the EU. Requirements for certification These include: competence and suitability; systems for safety and quality management; reporting systems and financial strength; liability, insurance and security; ownership and organisational structure, including the prevention of conflicts of interest; human resources, including staffing. National supervisory authorities National supervisory authorities in EU countries are each responsible for designating a certificate-holder to provide exclusive air traffic services. They also ensure compliance for blocks of airspace under their control. This takes place jointly (or by agreement) if a block extends over more than one country, or if a certificate holder operates in more than one country. If a provider does not meet the requirements, the authorities concerned can take action, including revoking the certificate. The authorities then become responsible for assuring continuity of service. Functional airspace blocks EU and non-EU countries, where appropriate, must by mutual agreement ensure the implementation of functional airspace blocks. These should have the necessary capacity and efficiency to maintain a high level of safety and reduced environmental impact. A functional airspace blocks system coordinator may be appointed by the European Commission to assist in this process. National authorities may also designate an exclusive provider of meteorological services. For general air traffic*, real-time operational data are exchanged between air navigation service providers, airspace users and airports, solely to facilitate operational needs. Approved written agreements are set up formalising working arrangements between service providers, and with military authorities. The regulation requires open accounting procedures and lays out detailed guidelines for fair and transparent pricing of navigation services for airspace users. FROM WHEN DOES THE REGULATION APPLY? It has applied since 20 April 2004. BACKGROUND For more information, see: Single European Sky 2+ (European Commission). KEY TERMS Single European sky: an initiative by which the design, management and regulation of airspace is coordinated throughout the EU. Airspace users: operators of aircraft used for general air traffic. General air traffic: flights conducted in accordance with the rules and procedures of the International Civil Aviation Organization. These may include some military flights. MAIN DOCUMENT 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) Successive amendments to Regulation (EC) No 550/2004 have been incorporated into the original document. This consolidated version is of documentary value only. RELATED DOCUMENTS 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 Regulation (EU) No 390/2013 of 3 May 2013 laying down a performance scheme for air navigation services and network functions (OJ L 128 of 9.5.2013, pp. 1-30) Commission Implementing Regulation (EU) No 391/2013 of 3 May 2013 laying down a common charging scheme for air navigation services (OJ L 128 of 9.5.2013, pp. 31-58) 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 of 4.5.2013, pp. 1-7) Communication from the Commission to the Council and the European Parliament — The creation of the single European sky (COM(1999) 614 final of 1 December 1999) Commission Regulation (EU) No 176/2011 of 24 February 2011 on the information to be provided before the establishment and modification of a functional airspace block (OJ L 51 of 25.2.2011, pp. 2-7) Commission Implementing Regulation (EU) No 1034/2011 of 17 October 2011 on safety oversight in air traffic management and air navigation services and amending Regulation (EU) No 691/2010 (OJ L 271 of 18.10.2011, pp. 15-22) Commission Implementing Regulation (EU) No 1035/2011 of 17 October 2011 laying down common requirements for the provision of air navigation services and amending Regulations (EC) No 482/2008 and (EU) No 691/2010 (OJ L 271 of 18.10.2011, pp. 23-41) See consolidated version. Commission Regulation (EC) No 482/2008 of 30 May 2008 establishing a software safety assurance system to be implemented by air navigation service providers and amending Annex II to Regulation (EC) No 2096/2005 (OJ L 141 of 31.5.2008, pp. 5-10) See consolidated version. 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 of 31.3.2004, pp. 1-9) See consolidated version. 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 (OJ L 96 of 31.3.2004, pp. 20-25) See consolidated version. 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) (OJ L 96 of 31.3.2004, pp. 26-42) See consolidated version. last update 20.05.2019