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Summaries of EU Legislation

Framework for the creation of the single European sky

SUMMARY OF:

Regulation (EC) No 549/2004 – laying down the framework for the creation of the single European sky

WHAT IS THE AIM OF THE REGULATION?

  • Regulation (EC) No 549/2004 aims to:
    • improve safety standards and overall efficiency for general air traffic in Europe;
    • optimise capacity; and
    • minimise delays.
  • Since the responsibilities of the European Union Aviation Safety Agency were extended in 2009 to include air traffic management safety, the regulation has allowed the European Commission to update legislation in line with technical or operational developments and to lay down the basic criteria and procedures for using certain network management functions.

KEY POINTS

National supervisory authorities

  • European union (EU) Member States 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 assists the Commission with managing the single European sky (SES) and ensures that due account is taken of the interests of all categories of users.
  • It consists of two representatives of each Member State and is chaired by a representative of the Commission.

Implementing rules

The European Organisation for the Safety of Air Navigation (Eurocontrol) may be involved in the development of implementing rules which fall within its remit, on the basis of mandates agreed upon 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 blocks1 ensuring consistency with the EU-wide targets; and
  • periodic reviewing, monitoring and benchmarking of the performance of air navigation services and network functions.

An implementing act, 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).

Performance targets

Implementing Decision (EU) 2024/1688 sets EU-wide performance targets for the air traffic management network for the current (fourth) reference period from to .

Safeguards

This regulation does not prevent Member States from applying measures needed to safeguard essential security or defence policy interests.

Repeal

Regulation (EC) No 549/2004 has been repealed and recast by Regulation (EU) 2024/2803 (see summary). Some provisions related to the requirements for national supervisory authorities and to penalties continue to apply until . The Performance Review Body established on the basis of that Regulation continued to exercise its function until . The provisions on the performance scheme, and of the charging scheme referred to in Regulation (EC) No 550/2004, continue to apply for the purposes of the implementation of the schemes pertaining to the third and fourth reference periods.

FROM WHEN DOES THE REGULATION APPLY?

It has applied since .

BACKGROUND

Regulation (EC) No 549/2004 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.

The first single European sky package consists of this framework regulation plus three regulations on the provision of air navigation services (Regulation (EC) No 550/2004), the organisation and use of the airspace (Regulation (EC) No 551/2004, recast and repealed by Regulation (EU) 2024/2803) 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. They were revised in the second Single European Sky package in 2009 by Regulation (EC) No 1070/2009.

For further information, see:

KEY TERMS

  1. 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 laying down the framework for the creation of the single European sky (the framework Regulation) (OJ L 96, , 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.

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