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; and
- minimise 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