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Dokumentum 02004R0551-20091204
Regulation (EC) N o 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) (Text with EEA relevance)
Egységes szerkezetbe foglalt szöveg: Regulation (EC) N o 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) (Text with EEA relevance)
Regulation (EC) N o 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) (Text with EEA relevance)
02004R0551 — EN — 04.12.2009 — 001.001
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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 096 31.3.2004, p. 20) |
Amended by:
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Official Journal |
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REGULATION (EC) No 1070/2009 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 21 October 2009 |
L 300 |
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14.11.2009 |
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)
(Text with EEA relevance)
CHAPTER I
GENERAL
Article 1
Objective and scope
CHAPTER II
AIRSPACE ARCHITECTURE
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Article 3
European Upper Flight Information Region (EUIR)
Article 3a
Electronic aeronautical information
For the purpose of paragraph 1, the Commission shall:
ensure the development of a Community-wide aeronautical information infrastructure in the form of an electronic integrated briefing portal with unrestricted access to interested stakeholders. That infrastructure shall integrate access to and provision of required data elements such as, but not limited to aeronautical information, air traffic services reporting office (ARO) information, meteorological information and flow management information;
support the modernisation and harmonisation of the provision of aeronautical information in its broadest sense in close cooperation with Eurocontrol and the ICAO.
Article 4
Rules of the air and airspace classification
The Commission shall, in accordance with the regulatory procedure referred to in Article 5(3) of the framework Regulation, adopt implementing rules in order to:
adopt appropriate provisions on rules of the air based upon ICAO standards and recommended practices;
harmonise the application of the ICAO airspace classification, with appropriate adaptation, in order to ensure the seamless provision of safe and efficient air traffic services within the single European sky.
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Article 6
Network management and design
In order to achieve the objectives referred to in paragraph 1 and without prejudice to the responsibilities of the Member States with regard to national routes and airspace structures, the Commission shall ensure that the following functions are carried out:
design of the European route network;
coordination of scarce resources within aviation frequency bands used by general air traffic, in particular radio frequencies as well as coordination of radar transponder codes.
The functions listed in the first subparagraph shall not involve the adoption of binding measures of a general scope or the exercise of political discretion. They shall take into account proposals established at national level and at the level of functional airspace blocks. They shall be performed in coordination with military authorities in accordance with agreed procedures concerning the flexible use of airspace.
The Commission may, after consultation of the Single Sky Committee and in conformity with the implementing rules referred to in paragraph 4, entrust to Eurocontrol, or another impartial and competent body, the tasks necessary for the execution of the functions listed in the first subparagraph. These tasks shall be executed in an impartial and cost-effective manner and performed on behalf on Member States and stakeholders. They shall be subject to appropriate governance, which recognises the separate accountabilities for service provision and regulation, taking into consideration the needs of the whole ATM network and with the full involvement of the airspace users and air navigation service providers.
Detailed rules for the implementation of the measures referred to in this Article, except for those referred to in paragraphs 6 to 9, shall be adopted in accordance with the regulatory procedure referred to in Article 5(3) of the framework Regulation. Those implementing rules shall address in particular:
the coordination and harmonisation of processes and procedures to enhance the efficiency of aeronautical frequency management including the development of principles and criteria;
the central function to coordinate the early identification and resolution of frequency needs in the bands allocated to European general air traffic to support the design and operation of European aviation network;
additional network functions as defined in the ATM Master Plan;
detailed arrangements for cooperative decision-making between the Member States, the air navigation service providers and the network management function for the tasks referred to in paragraph 2;
arrangements for consultation of the relevant stakeholders in the decision-making process both at national and European levels; and
within the radio spectrum allocated to general air traffic by the International Telecommunication Union, a division of tasks and responsibilities between the network management function and national frequency managers, ensuring that the national frequency management functions continue to perform those frequency assignments that have no impact on the network. For those cases which do have an impact on the network, the national frequency managers shall cooperate with those responsible for the network management function to optimise the use of frequencies.
The implementing rules for air traffic flow management shall support operational decisions by air navigation service providers, airport operators and airspace users and shall cover the following areas:
flight planning;
use of available airspace capacity during all phases of flight, including slot assignment; and
use of routings by general air traffic, including:
CHAPTER III
FLEXIBLE USE OF AIRSPACE IN THE SINGLE EUROPEAN SKY
Article 7
Flexible use of airspace
Article 8
Temporary suspension
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CHAPTER IV
FINAL PROVISIONS
Article 10
Review
In the context of the periodical review referred to in Article 12(2) of the framework Regulation, the Commission shall finalise a prospective study on the conditions for future application of the concepts referred to in Articles 3, 5 and 6 to lower airspace.
On the basis of the study's conclusions and in the light of the progress achieved, the Commission shall submit at the latest by 31 December 2006 a report to the European Parliament and to the Council accompanied, if appropriate, by a proposal to extend the application of these concepts to lower airspace, or to determine any other steps. In the event of such an extension being envisaged, the relevant decisions should preferably be taken before 31 December 2009.
Article 11
Entry into force
This 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.
COMMISSION STATEMENT
On the basis of a report on experience in implementing Article 5, the Commission will, if necessary, make proposals for amendment of the procedure provided for in Article 5(6) within a period of five years.
( 1 ) OJ C 103 E, 30.4.2002, p. 35.
( 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. 316), Council Common Position of 18 March 2003 (OJ C 129 E, 3.6.2003, p. 11) 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 10 of this Official Journal.