Amended proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on the implementation of the Single European Sky (recast) Proposal for a Regulation of the European Parliament and of the Council amending Regulation (EU) 2018/1139 as regards the capacity of the European Union Aviation Safety Agency to act as Performance Review Body of the Single European Sky General approach - Hoofdinhoud

Document­datum	28-05-2021
Publicatie­datum	30-05-2021
Kenmerk	9162/21 ADD 2
Externe link	origineel bericht
Originele document in PDF

Council of the European Union Brussels, 28 May 2021 (OR. en)

9162/21

Interinstitutional Files: ADD 2

2020/0264(COD) i 2013/0186(COD) i AVIATION 134 CODEC 772 IA 101

REPORT

From: General Secretariat of the Council

To: Council

No. prev. doc.: ST 8030/21 + ADD 1-2, ST 8419/21 + ADD1-2 + AD1CO1

No. Cion doc.: ST 10840/20 + ADD 1, ST 10841/20 + COR 1, ST 11020/20

Subject: Amended proposal for a REGULATION OF THE EUROPEAN

PARLIAMENT AND OF THE COUNCIL on the implementation of the Single European Sky (recast) Proposal for a Regulation of the European Parliament and of the Council amending Regulation (EU) 2018/1139 as regards the capacity of the European Union Aviation Safety Agency to act as Performance Review Body of the Single European Sky

‒ General approach

Delegations will find, in annex, the compromise text proposed by the Presidency for the general approach on the above-mentioned proposal.

Deletions of entire points and articles are reflected in […].

ANNEX

2020/0264 (COD) i

Proposal for a

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

amending Regulation (EU) 2018/1139 as regards the requirements applicable to air traffic

management and air navigation services

(Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular

Article 100(2) thereof,

Having regard to the proposal from the European Commission,

After transmission of the draft legislative act to the national parliaments,

Having regard to the opinion of the European Economic and Social Committee,

Having regard to the opinion of the Committee of the Regions,

Acting in accordance with the ordinary legislative procedure,

Whereas:

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  […] (20a) In order to optimise the application of the rules regarding the Single European Sky,

  Regulations (EC) 549/2004 i 1 , 550/2004 i 2 and 551/2004 3 have been replaced and repealed by [Amended SES2+]. It is therefore appropriate to update the references made in Regulation (EU) 2018/1139 4 to those three Regulations.

(20b) It is also appropriate to integrate in Regulation (EU) 2018/1139 the requirements linked to certification of air navigation service providers that were previously laid down in Regulation 550/2004 i to allow for a simplified regulatory framework for certification and a single

certification process. In particular, it is appropriate to provide that, in order to be certified, providers of air traffic management and air navigation services (ATM/ANS) should demonstrate sufficient financial robustness and obtain appropriate liability and insurance cover, comply with applicable requirements on ownership and organisational structure and manage security risks. The conditions that may be applied to the certificates issued should also be specified.

(20c) Moreover, essential requirements applicable to ATM/ANS and air traffic controllers should be supplemented with respect to requirements applicable to air traffic data services.

• (21) 

  Regulation (EU) 2018/1139 should therefore be amended accordingly,

HAVE ADOPTED THIS REGULATION:

1 Regulation (EC) No 549/2004 i 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, p. 1).

2 Regulation (EC) No 550/2004 i 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, p. 10).

3 Regulation (EC) No 551/2004 i 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, p. 20).

4 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 i, (EC) No 1008/2008,

(EU) No 996/2010, (EU) No 376/2014 and Directives 2014/30 i/EU and 2014/53/EU of the European Parliament and of the Council, and repealing Regulations (EC) No 552/2004 i and (EC) No 216/2008 of the European Parliament and of the Council and Council Regulation (EEC) No 3922/91 i (OJ L 212, 22.8.2018, p. 1) Article 1

Regulation (EU) 2018/1139 is amended as follows:

(a1) Article 2 5 is amended as follows:

(a) Subparagraph (h) of paragraph 1 is replaced by the following:

‘without prejudice to Regulation [Amended SES2+] 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.’

(b) paragraph 5 is replaced by the following:

‘5. Without prejudice to national security and defence requirements, and Article [1(2)] of [Amended SES2+], 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 [Amended SES2+] 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.'

5 Changes to this Article are meant to update references contained in Regulation 2018/1139.

• (1) 

  In Article 3, point 5, 33 and 34 are replaced by the following:

  ‘(5) ‘ATM/ANS’ means air traffic management as defined in point (9) of Article 2 of [Amended SES2+] and air navigation services as defined in point (4) of Article 2 of that Regulation, as well as the network functions referred to in Article 26 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;’

  • (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 [Amended SES2+] in accordance with Article 1(4) of that Regulation 6 ;

  (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;

(1a) Paragraph 1 of Article 40 is replaced by the following:

‘1. The provision of ATM/ANS referred to in point (g) of Article 2(1) shall comply with the essential requirements set out in Annex VIII and, if applicable, Annex VII.

Providers of ATM/ANS shall also:

• a) 

  In view of ensuring a safe and continuous service provision, demonstrate sufficient financial robustness and have obtained appropriate liability and insurance cover,

  taking into account their legal status and the level of commercial insurance cover available;

• b) 

  Comply with applicable requirements on ownership and organisational structure in view of preventing of conflicts of interest to ensure a non-discriminatory service

  provision; and c) Manage security risks.’

6 Changes to this provision are meant to update references contained in Regulation

2018/1139.

(1b) Article 41 is amended as follows:

(a) paragraph 2 is replaced by the following:

‘2. The certificate referred to in paragraph 1 of this Article shall be issued upon application, when the applicant has demonstrated that it complies with the

implementing acts referred to in Article 43 adopted to ensure compliance with the essential requirements referred to in Article 40(1), first subparagraph as well as the requirements referred to in Article 40(1), second subparagraph, a), b) and c).’

(b) The following paragraph 3a is added:

‘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 service provider and a third party and which concern the service(s);

(c) the provision of information reasonably required for the verification of the requirements of the certificate in Article 41, 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.’

(c) paragraph 4 is amended as follows:

‘4. The certificate referred to in paragraph 1 of this Article may be limited, suspended or revoked when the holder no longer complies with the essential requirements

referred to in Article 40(1), first subparagraph or the requirements referred to in Article 40(1), second subparagraph, a), b) and c) and with the rules and procedures for issuing and maintaining such certificate, in accordance with implementing acts referred to in point (b) of the first subparagraph of Article 43(1).’

(d) paragraph 5 is amended as follows

‘5. By way of derogation from paragraph 1 of this Article, in accordance with the implementing acts referred to in Article 43, Member States may decide that

providers of flight information services are to be allowed to declare their capability, and the availability to them of the means, to discharge the responsibilities associated with the services provided in compliance with the essential requirements referred to in Article 40(1), first subparagraph and the requirements referred to in Article 40(1), second subparagraph, a), b) and c). In that case, the Member State concerned shall inform the Commission, the Agency and the other Member States of its decision.’

(1c) Article 43 is replaced by the following:

• 1. 

  In order to ensure the uniform implementation of and compliance with the essential requirements referred to in Article 40(1), first subparagraph and the requirements

  referred to in Article 40(1), second subparagraph, a), b) and c) 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(1), first subparagraph

  and the requirements referred to in Article 40(1), second subparagraph, a), b) and c), 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 ATM Master Plan.

• 3. 

  When adopting those implementing acts, the Commission shall ensure compliance with the essential requirements referred to in Article 40(1), first subparagraph and the requirements referred to in Article 40(1), second subparagraph, a), b) and c) 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.

• (2) 

  Article 93 is replaced by the following 7 :

  ‘Article 93

  Implementation of 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 Body (PRB) referred to in Article [9b] of [Amended SES2+], to the implementation of a performance scheme for air navigation services and network functions;

  (c) contributing to the implementation of the ATM Master Plan, including the development

  and deployment of the SESAR programme.’;

7 Changes to this Article are meant to update references contained in Regulation 2018/1139.

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  […] (21) Annex VIII is amended as follows,

  (a) the following point 2.3a 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 8 :

‘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 [Amended SES2+], in order to facilitate airspace management and air traffic management in the context of the common transport policy.’.

8 Changes to this point in the Annex are meant to update references contained in Regulation

2018/1139.

Article 2

This Regulation shall enter into force on the twentieth 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.

Done at Brussels,

For the European Parliament For the Council

The President The President