Electronic aeronautical information
Without prejudice to the publication by Member States of aeronautical information and in a manner consistent with that publication, the Network Manager shall, upon the application of the implementing decision referred to in Article 38(3) of this Regulation, establish a Union-wide aeronautical information infrastructure to further the availability of electronic aeronautical information of high quality, presented in an easily accessible way and serving the requirements of all relevant users in terms of data quality and timeliness. The aeronautical information thus made available shall only be the information that complies with the essential requirements set out in point 2.1 of Annex VIII of Regulation (EU) 2018/1139.
Airspace classification
The Commission shall, in accordance with the examination procedure referred to in Article 48(3) adopt appropriate provisions to ensure uniform implementation of the ICAO airspace classification with appropriate adaptation, with a view to ensure the seamless provision of safe and efficient air traffic services within the Single European Sky.
Flexible use of airspace
1. Taking into account the characteristics and nature of military activity in each Member State as well as the organisation of military matters under their responsibility, Member States shall ensure the application within the Single European Sky of the concept of the flexible use of airspace, in order to facilitate airspace management and air traffic management in the context of the common transport policy and, where appropriate, in consistency with the European ATM Master Plan.
2. Member States shall report annually to the Commission on the application, in the context of the common transport policy, of the concept of the flexible use of airspace in respect of the airspace under their responsibility.
3. Where, in particular in the light of the reports submitted by Member States, uniform conditions for the application of the concept of the flexible use of airspace within the Single European Sky are needed, the Commission shall, within the limits of the common transport policy and without prejudice to Article 1(2), adopt implementing acts laying down such uniform conditions. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 48(3).
4. In cases of significant operational difficulties in the application of this Article impairing the safeguard of essential security or defence policy interests, Member States may temporarily suspend such application on condition that they inform without delay the Commission and the other Member States thereof. Following the introduction of a temporary suspension, adjustments to the rules adopted under paragraph 3 may be developed for the airspace under the responsibility of the Member State concerned. The temporary suspension and any such adjustments shall be lifted when those operational difficulties cease.
SESAR coordination
The entities in charge of tasks established in Union law in the areas of coordination of the SESAR definition phase, the SESAR development phase and the SESAR deployment phase, as the case may be, shall ensure effective coordination between those three phases so as to achieve a seamless and timely transition between them, focussing in particular on the industrialisation phase.
All relevant civil and military stakeholders shall be involved to the widest possible extent.
Common projects
1. The Commission may set up common projects, based on the needs for synchronisation amongst stakeholders, for implementing the essential operational changes identified in the European ATM Master Plan having a network-wide impact and having reached sufficient maturity for implementation in order to enable interoperable capabilities in all Member States with a view to improving the performance of the Single European Sky.
2. The Commission may also establish governance mechanisms for common projects and their implementation. All relevant civil and military stakeholders shall be involved in these mechanisms to the widest possible extent and, where possible and as appropriate, have a leading role.
3. Common projects may be eligible for Union funding within the multiannual financial framework. To this end, and without prejudice to Member States’ competence to decide on the use of their financial resources, the Commission shall carry out an independent cost-benefit analysis and appropriate consultations with the Member States and with relevant stakeholders in accordance with Article 49, exploring prioritisation and all appropriate means for financing the implementation thereof.
4. The Commission shall adopt implementing acts establishing the common projects and governance mechanisms referred to in paragraphs 1 and 2 of this Article. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 48(3).
Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.
