Committee procedure
1. The Commission shall be assisted by the Single Sky Committee, hereinafter referred to as ‘the Committee’, composed of two representatives of each Member State and chaired by the Commission. The Committee shall ensure an appropriate consideration of the interests of all categories of users. The Committee shall be a committee within the meaning of Regulation (EU) No 182/2011.
2. Where reference is made to this paragraph, Article 4 of Regulation (EU) No 182/2011 shall apply.
3. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.
4. Where the Committee delivers no opinion, the Commission shall not adopt the draft implementing act and the third subparagraph of Article 5(4) of Regulation (EU) No 182/2011 shall apply.
Consultation of stakeholders
1. Member States, national supervisory authorities, the PRB and the Network Manager, as well as the Agency with regard to its tasks under Article 21, paragraphs 3 and 4, and Article 38(1), shall establish consultation mechanisms for appropriate consultation of stakeholders.
2. The Commission shall establish a mechanism at Union level to consult the relevant stakeholders on matters related to the implementation of this Regulation.
The specific Sectoral Dialogue Committee set up under Decision 98/500/EC shall be involved in the consultation. For the purpose of point (e) of paragraph 3 of this Article, when consultation relating to military aspects is required, the Commission shall, in addition to Member States, consult the European Defence Agency and national military authorities.
3. For the purposes of paragraphs 1 and 2, at least the following operational and non-operational stakeholders shall be consulted if relevant:
(a)
air navigation service providers or groups representing them;
(b)
the Network Manager;
(c)
airport operators or relevant groups representing them;
(d)
airspace users or relevant groups representing them;
(e)
the military;
(f)
the manufacturing industry;
(g)
professional staff representative bodies;
(h)
relevant national authorities;
(i)
airport slot coordinators;
(j)
non-governmental organisations with an interest in aviation or ATM.
Relations with third countries
The Union and its Member States shall aim at and support the extension of the Single European Sky to countries that are not members of the European Union. To that end, they shall endeavour, within the framework of agreements concluded with neighbouring third countries, in particular in the Eurocontrol area or in the ICAO EUR region, to extend the Single European Sky to those countries. In addition, they shall endeavour to cooperate with those countries either in the context of agreements on cross-border service provision with third countries, on cooperation on ATM modernisation, on network functions, or in the framework of the Agreement between the Union and Eurocontrol providing a general framework for enhanced cooperation, reinforcing the pan-European dimension of ATM.
This Article is without prejudice to decisions of Member States on whether the Single European Sky should be extended to their overseas countries and territories or autonomous territories in other ICAO regions.
Support by other bodies
The Commission may request support from other bodies for the fulfilment of its tasks under this Regulation, including from Eurocontrol in the framework of the Agreement between the Union and Eurocontrol providing a general framework for enhanced cooperation.
Confidentiality
1. Neither the national supervisory authorities, acting in accordance with their national legislation, nor the national competent authorities, nor the Commission, nor the PRB, nor the Network Manager, nor the Agency shall disclose information of a confidential nature, in particular information about air navigation service providers, their business relations or their cost and revenues components.
2. Paragraph 1 shall be without prejudice to the right of disclosure by national supervisory authorities and the Commission where this is essential for the fulfilment of their duties. In that case such disclosure shall be proportionate and shall have regard to the legitimate interests of air navigation service providers, airspace users, airports or other relevant stakeholders in the protection of their commercially sensitive information.
3. Information and data made accessible pursuant to Articles 12(4), 23(10), 24(6), 25(2), 36(3) and 36(4) or reported pursuant to Article 29(6) in particular as regards determined costs and actual costs of designated air traffic service providers shall be publicly disclosed, subject to the protection of public security, defence and military matters or commercial interests of a natural or legal person, including intellectual property, unless there is an overriding public interest in disclosure.
Penalties
Member States shall lay down rules on penalties applicable to infringements of this Regulation and of the implementing acts adopted on the basis thereof, in particular by airspace users, airport operators and air navigation service providers, and shall take all measures necessary to ensure that they are implemented. The penalties provided for shall be effective, proportionate and dissuasive.
Evaluation
1. The Commission shall conduct an evaluation to assess the legal, social, economic and environmental impacts of this Regulation and its added value both at national and European level after the end of the fifth reference period and at the latest 3 years after the end of that reference period. When justified for this purpose, the Commission may request from the Member States, including military authorities, information relevant to the application of this Regulation.
2. The Commission shall submit its findings to the European Parliament and to the Council. The findings of the evaluation referred to in paragraph 1 shall be made public.
Safeguards
This Regulation shall not prevent the application of measures by a Member State to the extent that these are needed to safeguard essential security or defence policy interests. Such measures are in particular those which are imperative:
(a)
for the surveillance of airspace that is under its responsibility in accordance with ICAO Regional Air Navigation agreements, including the capability to detect, identify and evaluate all aircraft using such airspace, with a view to seeking to safeguard safety of flights and to take action to ensure security and defence needs;
(b)
in the event of serious internal disturbances affecting the maintenance of law and order;
(c)
in the event of war or serious international tension constituting a threat of war;
(d)
for the fulfilment of a Member State’s international obligations in relation to the maintenance of peace and international security;
(e)
in order to conduct military operations and training, including the necessary possibilities for exercises.
Repeal
Regulations (EC) No 549/2004, (EC) No 550/2004 and (EC) No 551/2004 are repealed, without prejudice to Article 58 of this Regulation.
References to the repealed Regulations shall be construed as references to this Regulation and shall be read in accordance with the correlation table in Annex II.
Amendments to Regulation (EU) 2018/1139
Regulation (EU) 2018/1139 is amended as follows:
(1)
Article 2 is amended as follows:
(a)
point (h) of paragraph 1 is replaced by the following:
‘(h)
Without prejudice to Regulation (EU) 2024/2803 ( *1 ) of the European Parliament and of the Council and the responsibilities of Member States with regard to airspace under their jurisdiction, the design of airspace structures in the Single European Sky airspace.
( *1 ) Regulation (EU) 2024/2803 of the European Parliament and of the Council of 23 October 2024 on the implementation of the Single European Sky ( OJ L, 2024/2803, 11.11.2024, ELI: http://data.europa.eu/eli/reg/2024/2803/oj )’;"
(b)
paragraph 5 is replaced by the following:
‘5. Without prejudice to national security and defence requirements, and Article 1(2) of Regulation (EU) 2024/2803, Member States shall ensure that:
(a)
the facilities referred to in point (b) of the first subparagraph of paragraph 3 of this Article that are open to public use; and
(b)
the ATM/ANS referred to in point (c) of the first subparagraph of paragraph 3 of this Article that are provided to air traffic to which Regulation (EU) 2024/2803 applies,
offer a level of safety and interoperability with civil systems that is as effective as that resulting from the application of the essential requirements set out in Annexes VII and VIII to this Regulation.’
;
(2)
in Article 3 is amended as follows:
(a)
point (5) is replaced by the following:
‘(5)
“ATM/ANS” means air traffic management as defined in point (9) of Article 2 of Regulation (EU) 2024/2803 and air navigation services as defined in point (5) of Article 2 of that Regulation, as well as the network functions referred to in Article 37 of that Regulation and services consisting in the origination and processing of data and in the formatting and delivering of data to general air traffic for the purpose of air navigation;’
;
(b)
points (33) and (34) are replaced by the following:
‘(33)
“Single European Sky airspace” means airspace above the territory to which the Treaties apply, as well as any other airspace where Member States apply Regulation (EU) 2024/2803 in accordance with Article 1(4) of that Regulation;
(34)
“national competent authority” means one or more entities designated by a Member State and having the necessary powers and allocated responsibilities for performing the tasks related to certification, oversight and enforcement in accordance with this Regulation and with the delegated and implementing acts adopted on the basis thereof;’
;
(3)
in Article 41 the following paragraph is inserted:
‘3a. The certificate referred to in paragraph 1 of this Article may be subject to objectively justified, non-discriminatory, proportionate and transparent conditions. These conditions may, as appropriate, be related to:
(a)
ring-fencing or restriction of operations of services other than those related to the provision of air navigations services;
(b)
contracts, agreements or other arrangements between the provider of ATM/ANS and a third party and which concern the services;
(c)
the provision of information reasonably required for the verification of the requirements for the certificate set out in this Article; and
(d)
any other legal conditions which are not specific to air navigation services, such as conditions relating to the suspension or revocation of the certificate.’
;
(4)
Article 43 is replaced by the following:
‘Article 43
Implementing acts as regards ATM/ANS providers and organisations involved in the design, production or maintenance of ATM/ANS systems and ATM/ANS constituents
1. In order to ensure the uniform implementation of and compliance with the essential requirements referred to in Article 40 for the provision of ATM/ANS referred to in point (g) of Article 2(1), the Commission shall, on the basis of the principles set out in Article 4 and with a view to achieving the objectives set out in Article 1, adopt implementing acts laying down detailed provisions concerning:
(a)
the specific rules and procedures for the provision of ATM/ANS in compliance with the essential requirements referred to in Article 40, including the establishment and implementation of the contingency plan in accordance with point 5.1(f) of Annex VIII;
(b)
the rules and procedures for issuing, maintaining, amending, limiting, suspending or revoking the certificates referred to in Article 41(1);
(bb)
the conditions referred to in Article 41(3a);
(c)
the rules and procedures for the declaration by providers of flight information services referred to in Article 41(5), and for the situations in which such declarations are to be permitted;
(d)
the rules and procedures for issuing, maintaining, amending, limiting, suspending or revoking the certificates referred to in point (b) of Article 42(1), and for the situations in which such certificates are to be required;
(e)
the rules and procedures for the declaration by organisations referred to in point (a) of Article 42(1), and for the situations in which such declarations are to be required;
(f)
the privileges and responsibilities of the holders of certificates referred to in Article 41(1) and point (b) of 42(1) and of organisations making declarations in accordance with Article 41(5) and point (a) of Article 42(1).
Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 127(3).
2. The rules referred to in paragraph 1 shall take due account of the European ATM Master Plan.
3. When adopting those implementing acts, the Commission shall ensure compliance with the essential requirements referred to in Article 40 of this Regulation and shall take due account of the international standards and recommended practices, in particular those set out in Annexes 2 to 4, 10, 11 and 15 to the Chicago Convention.’
;
(5)
Article 62 is amended as follows:
(a)
the following paragraph is added:
‘2a. Without prejudice to Article 5(1), second subparagraph, of Regulation (EU) 2024/2803, for the purpose of performing their tasks of certification, oversight and enforcement in relation with the essential requirements listed in point 7 of Annex VIII of this Regulation, the competent authorities shall rely on the assessments made by the national supervisory authority referred to in Article 4 of that Regulation when carrying out its tasks under Article 7(3) of that Regulation.’
;
(b)
point (a) of paragraph 14 is replaced by the following:
‘(a)
the rules and procedures for conducting certification and for conducting the investigations, inspections, audits and other monitoring activities necessary to ensure effective oversight by the national competent authority of the natural and legal persons, products, parts, equipment, ATM/ANS systems and ATM/ANS constituents, flight simulation training devices and aerodromes subject to this Regulation and the rules and procedures for the assessment and the oversight of compliance of the providers of ATM/ANS with the essential requirements listed in point 7 of Annex VIII of this Regulation by the national supervisory authority referred to in Article 4 of Regulation (EU) 2024/2803 without prejudice to Article 5(1) of that Regulation;’
;
(6)
Article 93 is replaced by the following:
‘Article 93
Implementation of the Single European Sky
The Agency shall, where it has the relevant expertise and upon request, provide technical assistance to the Commission, in the implementation of the Single European Sky, in particular by:
(a)
conducting technical inspections, technical investigations, and studies;
(b)
contributing in matters covered by this Regulation, in cooperation with the Performance Review Board (PRB) referred to in Article 13 of Regulation (EU) 2024/2803, to the implementation of a performance scheme for air navigation services and network functions;
(c)
contributing to the implementation of the European ATM Master Plan, including the development and deployment of the SESAR project.’
;
(7)
Annex VIII is amended as follows:
(a)
the following point is inserted:
‘2.3a. Air traffic data services
2.3a.1.
The air traffic data collected shall be of sufficient quality, complete, current, from a legitimate source and provided in a timely manner.
2.3a.2.
The air traffic data services shall achieve and maintain sufficient performance with regard to their availability, integrity, continuity and timeliness to meet the user’s needs.
2.3a.3.
The systems and tools providing air traffic data services shall be properly designed, produced and maintained to ensure that they are fit for their intended purpose.
2.3a.4.
The dissemination of such data shall be timely and use sufficiently reliable and expeditious means of communication protected from intentional and unintentional interference and corruption.’
;
(b)
point 2.8 is replaced by the following:
‘2.8. Airspace management
The designation of specific volumes of airspace for a certain use shall be monitored, coordinated and promulgated in a timely manner in order to reduce the risk of loss of separation between aircraft in all circumstances. Taking into account the organisation of military activities and related aspects under the responsibility of the Member States, airspace management shall also support the uniform application of the concept of the flexible use of airspace as described by the ICAO and as implemented under Regulation (EU) 2024/2803, in order to facilitate airspace management and air traffic management in the context of the common transport policy.’
;
(c)
point (c) of point 5.1 is replaced by the following:
‘(c)
as appropriate for the type of activity undertaken and the size of the organisation, the service provider shall implement and maintain a management system to ensure compliance with the essential requirements set out in this Annex, manage safety and security risks and aim for continuous improvement of this system;’
;
(d)
the following point is added:
‘7. FINANCIAL ROBUSTNESS, LIABILITY, INSURANCE COVER REQUIREMENTS, OWNERSHIP AND ORGANISATIONAL STRUCTURE
Providers of ATM/ANS shall, in view of ensuring a safe and continuous service provision:
(a)
demonstrate sufficient financial robustness;
(b)
have obtained appropriate liability and insurance cover, taking into account their legal status and the level of commercial insurance cover available; and
(c)
comply with applicable requirements on ownership and organisational structure in view of preventing of conflicts of interest to ensure a non-discriminatory service provision.’.
Transitional provisions
1. Article 4(2) of Regulation (EC) No 549/2004 and Article 12(3) of Regulation (EC) No 550/2004 shall continue to apply until 2 December 2026.
2. The Performance Review Body designated under Article 11(2) of Regulation (EC) No 549/2004 shall continue to exercise its functions until 2 June 2025.
3. Article 11 of Regulation (EC) No 549/2004, except paragraph 2 of that Article, and Article 15 of Regulation (EC) No 550/2004, and the implementing acts adopted on the basis thereof, shall continue to apply for the purposes of the implementation of the performance and charging schemes pertaining to the third and fourth reference periods.
4. Commission Implementing Decision (EU) 2019/709 ( 23 ) shall continue to apply until the end of the fourth reference period or until an implementing act is adopted in accordance with Article 38(3) of this Regulation, whichever is the earliest.
5. Article 9 of Regulation (EC) No 549/2004 shall continue to apply until 2 December 2026.
Entry into force and application
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union .
However, Articles 4(3), 4(5) and 36(3) shall apply from 2 December 2026.
Articles 13 to 16 shall apply from 6 months after the entry into force of this Regulation. Articles 21 to 34 shall apply from the entry into force of this Regulation, for the purposes of the implementation of the performance and charging schemes pertaining to the fifth and subsequent reference periods.
Article 53 shall apply from 2 December 2026.
Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.
