Regulation (EC) No 550/2004 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) (Text with EEA relevance)
EU Regulation No 550/2004 · Adopted 10 March 2004 · Extends to United Kingdom
Regulation (EC) No 550/2004 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)
(Text with EEA relevance)
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 80(2) thereof,
Having regard to the proposal from the Commissionf1,
Having regard to the opinion of the European Economic and Social Committeef2,
Having regard to the opinion of the Committee of the Regionsf3,
Acting in accordance with the procedure laid down in Article 251 of the Treatyf4, in the light of the joint text approved by the Conciliation Committee on 11 December 2003,
Whereas:
(1)
Member States have restructured, to varying degrees, their national air navigation service providers by increasing their level of autonomy and freedom to provide services. It is increasingly necessary to ensure that minimum public-interest requirements are satisfied under this new environment.
(2)
The report of the High Level Group on the single European sky of November 2000 has confirmed the need for rules at Community level to distinguish between regulation and service provision and to introduce a system of certification aimed at preserving public interest requirements, most notably in terms of safety, and to improve charging mechanisms.
(3)
Regulation (EC) No 549/2004 of the European Parliament and of the Council of 10 March 2004 (the framework Regulation)f5 lays down the framework for the creation of the single European sky.
(4)
In order to create the single European sky, measures should be adopted to ensure the safe and efficient provision of air navigation services consistent with the organisation and use of airspace as provided for in 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)f6. The establishment of a harmonised organisation for the provision of such services is important in order to respond adequately to the demand of airspace users and to regulate air traffic safely and efficiently.
(5)
The provision of air traffic services, as envisaged by this Regulation, is connected with the exercise of the powers of a public authority, which are not of an economic nature justifying the application of the Treaty rules of competition.
(6)
Member States are responsible for monitoring the safe and efficient provision of air navigation services and for the control of compliance by air navigation service providers with the common requirements established at Community level.
(7)
Member States should be permitted to entrust to recognised organisations, which are technically experienced, the verification of compliance of air navigation service providers with the common requirements established at Community level.
(8)
Smooth operation of the air transport system also requires uniform and high safety standards for air navigation service providers.
(9)
Arrangements should be made to harmonise the licensing systems for controllers, in order to improve the availability of controllers and to promote the mutual recognition of licences.
(10)
Whilst guaranteeing the continuity of service provision, a common system should be established for certifying air navigation service providers, which constitutes a means for defining the rights and obligations of those providers and for regular monitoring of compliance with such requirements.
(11)
Conditions attached to certificates should be objectively justified and should be non-discriminatory, proportionate and transparent, and compatible with relevant international standards.
(12)
The certificates should be mutually recognised by all Member States in order to allow air navigation service providers to provide services in a Member State other than the country in which they obtained their certificates, within the limits of the safety requirements.
(13)
The provision of communication, navigation and surveillance services, as well as aeronautical information services, should be organised under market conditions whilst taking into account the special features of such services and maintaining a high level of safety.
(14)
In the interest of facilitating the safe handling of air traffic across the boundaries of the Member States for the benefit of the airspace users and their passengers, the system of certification should provide for a framework to enable Member States to designate providers of air traffic services, regardless of where they have been certified.
(15)
On the basis of their analysis of safety considerations, Member States should be able to designate one or more providers of meteorological services in respect of all or part of the airspace under their responsibility, without the need to organise a call for tenders.
(16)
Air navigation service providers should establish and maintain close cooperation with military authorities responsible for activities that may affect general air traffic, through appropriate arrangements.
(17)
The accounts of all air navigation service providers should provide for maximum transparency.
(18)
The introduction of harmonised principles and conditions for access to operational data should facilitate the provision of air navigation services and the operation of airspace users and airports under a new environment.
(19)
Charging conditions applying to airspace users should be fair and transparent.
(20)
User charges should provide remuneration for the facilities and services provided by air navigation service providers and Member States. The level of user charges should be proportionate to the cost, taking into consideration the objectives of safety and economic efficiency.
(21)
There should be no discrimination between airspace users as to the provision of equivalent air navigation services.
(22)
Air navigation service providers offer certain facilities and services directly related to the operation of aircraft, the costs of which they should be able to recover according to the ‘user pays’ principle, which is to say that airspace users should pay for the costs they generate at, or as close as possible to, the point of use.
(23)
It is important to ensure the transparency of the costs to which such facilities or services give rise. Accordingly, any changes made to the system or level of charges should be explained to airspace users; such changes or investment proposed by air navigation service providers should be explained as part of an exchange of information between their management bodies and airspace users.
(24)
There should be scope for modulating charges that contribute to maximising system-wide capacity. Financial incentives may be a useful way of accelerating the introduction of ground-based or airborne equipment that increases capacity, of rewarding high performance or of offsetting the inconvenience of choosing less desirable routings.
(25)
In the context of those revenues raised to provide a reasonable return on assets, and in direct correlation with the savings made from efficiency improvements, the Commission should study the possibility of establishing a reserve aimed at reducing the impact of a sudden increase in charges to airspace users at times of reduced levels of traffic.
(26)
The Commission should examine the feasibility of organising temporary financial aid for measures to increase the capacity of Europe's air traffic control system as a whole.
(27)
The establishment and imposition of charges on airspace users should be reviewed by the Commission on a regular basis, in cooperation with Eurocontrol, and with national supervisory authorities and airspace users.
(28)
Owing to the particular sensitivity of information concerning air navigation service providers, national supervisory authorities should not disclose information covered by the obligation of professional secrecy, without prejudice to the organisation of a system for monitoring and publishing the performance of those providers,
HAVE ADOPTED THIS REGULATION:
Annotations to the whole text
Footnotes
- f1
- f2
- f3
- f4
-
Opinion of the European Parliament of 3 September 2002 (OJ C 272 E, 13.11.2003, p. 303), Council common position of 18 March 2003 (OJ C 129 E, 3.6.2003, p. 16) 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.
- f5
-
See page 1 of this Official Journal.
- f6
-
See page 20 of this Official Journal.
Contents
- Chapter I: GENERAL
- 1Scope and objective
- 2Tasks of the national supervisory authority
- 3Qualified entities
- 4Safety requirements Repealed
- 5Licensing of controllers Repealed
- Chapter II: RULES FOR THE PROVISION OF SERVICES
- 6Common requirements
- 7Certification of air navigation service providers
- 8Designation of air traffic service providers
- 9Designation of providers of meteorological services
- 9aFunctional airspace blocks Repealed
- 9bFunctional airspace blocks system coordinator Repealed
- 10Relations between service providers
- 11Relations with military authorities Repealed
- 12Transparency of accounts
- 13Access to and protection of data
- Chapter III: CHARGING SCHEMES
- 14General Repealed
- 15Principles Repealed
- 15aCommon projects
- 16Review of compliance Repealed
- Chapter IV: FINAL PROVISIONS
- 17Revision of Annexes
- 18Confidentiality
- 18aReview Repealed
- 19Entry into force Repealed
- Signature
- Annex IREQUIREMENTS FOR QUALIFIED ENTITIES
- Annex II: CONDITIONS TO BE ATTACHED TO CERTIFICATES
- 1Certificates shall specify:
- 2Additional conditions attached to certificates may, as appropriate, be related to:
1Scope and objective
Within the scope of the framework Regulation, this Regulation concerns the provision of air navigation services F1which form part of the UK ATMS. The objective of this Regulation is to establish common requirements for the safe and efficient provision of air navigation services in F2the airspace under the responsibility of the United Kingdom.
This Regulation shall apply to the provision of air navigation services for general air traffic in accordance with and within the scope of the framework Regulation.
2Tasks of the national supervisory authorityF1F6
The national supervisory F2authority referred to in Article 4 of the framework Regulation shall ensure the appropriate supervision of the application of this Regulation, in particular with regard to the safe and efficient operation of air navigation service providers which provide services relating to the airspace falling under the responsibility of the F3United Kingdom.
To this end, F4the national supervisory authority shall organise proper inspections and surveys to verify compliance with the requirements of this Regulation, including human resources requirements for the provision of air navigation services. The air navigation service provider concerned shall facilitate such work.
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3Qualified entitiesF1
F2The national supervisory authority may decide to delegate in full or in part the inspections and surveys referred to in Article 2(2) to qualified entities that fulfil the requirements set out in Annex I.
4Safety requirementsF2F1
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5Licensing of controllersF1
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6Common requirements
F2The Secretary of State may by regulations made by statutory instrument prescribe common requirements for the provision of air navigation services in the airspace under the responsibility of the United Kingdom. The common requirements shall include the following:
technical and operational competence and suitability,
systems and processes for safety and quality management,
reporting systems,
quality of services,
financial strength,
liability and insurance cover,
ownership and organisational structure, including the prevention of conflicts of interest,
human resources, including adequate staffing plans,
security.
Regulations under paragraph 1—
may make different provision for different purposes;
may make transitional, transitory or saving provision;
may make consequential, incidental or supplementary provision.
A statutory instrument containing regulations under paragraph 1 is subject to annulment in pursuance of a resolution of either House of Parliament.
7Certification of air navigation service providers
Applications for certification shall be submitted to the national supervisory authority F3....
F4The national supervisory authority shall issue certificates to air navigation service providers where they comply with the common requirements referred to in Article 6. Certificates may be issued individually for each type of air navigation service as defined in Article 2 of the framework Regulation, or for a bundle of such services, inter alia, where a provider of air traffic services, whatever its legal status, operates and maintains its own communication, navigation and surveillance systems. The certificates shall be checked on a regular basis.
Certificates shall specify the rights and obligations of air navigation service providers, including non-discriminatory access to services for airspace users, with particular regard to safety. Certification may be subject only to the conditions set out in Annex II. Such conditions shall be objectively justified, non-discriminatory, proportionate and transparent.
Notwithstanding paragraph 1, F5the national supervisory authority may allow the provision of air navigation services in all or part of the airspace under F6the responsibility of the United Kingdom without certification in cases where the provider of such services offers them primarily to aircraft movements other than general air traffic. F7...
F10The national supervisory authority shall monitor compliance with the common requirements and with the conditions attached to the certificates. F11... If F12the national supervisory authority finds that the holder of a certificate no longer satisfies such requirements or conditions, it shall take appropriate measures while ensuring continuity of services on condition that safety is not compromised. Such measures may include the revocation of the certificate.
Any certificate issued before exit day in a Member State in accordance with Article 7 of Regulation (EC) No 550/2004 which continues to be in force or effective on or after exit day by virtue of Part 3 of Schedule 8 to the European Union (Withdrawal) Act 2018 is:
to continue to be in force or effective on and after exit day for the remainder of its validity period up to a maximum of 2 years (subject to any earlier suspension or cancellation by the national supervisory authority); and
for the purposes of this Regulation and the other measures referred to in Article 3 of the framework Regulation, to be treated as if it was issued by the national supervisory authority in accordance with this Article.
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8Designation of air traffic service providersF1
F2The national supervisory authority shall ensure the provision of air traffic services on an exclusive basis within specific airspace blocks in respect of the airspace under F3the responsibility of the United Kingdom. For this purpose, F4the national supervisory authority shall designate an air traffic service provider holding a valid certificate F5issued in accordance with Article 7.
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F7The national supervisory authority shall define the rights and obligations to be met by the designated air traffic service providers. The obligations may include conditions for the timely supply of relevant information enabling all aircraft movements in the airspace under F8the responsibility of the United Kingdom to be identified.
F9The national supervisory authority shall have discretionary powers in choosing an air traffic service provider, on condition that the latter fulfils the requirements and conditions referred to in Articles 6 and 7.
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9Designation of providers of meteorological services
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9aFunctional airspace blocksF2F1
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9bFunctional airspace blocks system coordinatorF2F1
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10Relations between service providers
Air navigation service providers may avail themselves of the services of other service providers that have been certified F1in accordance with Article 7.
Air navigation service providers shall formalise their working relationships by means of written agreements or equivalent legal arrangements, setting out the specific duties and functions assumed by each provider and allowing for the exchange of operational data between all service providers in so far as general air traffic is concerned. Those arrangements shall be notified to the national supervisory authority F2....
In cases involving the provision of air traffic services, the approval of the F3the national supervisory authority shall be required. In cases involving the provision of meteorological services, the approval of the the national supervisory authority shall be required if F4it has designated a provider on an exclusive basis in accordance with Article 9(1).
11Relations with military authoritiesF2F1
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12Transparency of accounts
Air navigation service providers, whatever their system of ownership or legal form, shall draw up, submit to audit and publish their financial accounts. These accounts shall comply with F1international accounting standards within the meaning of Regulation (EC) No 1606/2002 of the European Parliament and of the Council of 19 July 2002 on the application of international accounting standards (see Article 2 of that Regulation). Where, owing to the legal status of the service provider, full compliance with the international accounting standards is not possible, the provider shall endeavour to achieve such compliance to the maximum possible extent.
In all cases, air navigation service providers shall publish an annual report and regularly undergo an independent audit.
When providing a bundle of services, air navigation service providers shall identify and disclose the costs and income deriving from air navigation services F3... and, where appropriate, shall keep consolidated accounts for other, non-air-navigation services, as they would be required to do if the services in question were provided by separate undertakings.
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13Access to and protection of data
In so far as general air traffic is concerned, relevant operational data shall be exchanged in real-time between all air navigation service providers, airspace users and airports, to facilitate their operational needs. The data shall be used only for operational purposes.
Access to relevant operational data shall be granted to appropriate authorities, certified air navigation service providers, airspace users and airports on a non-discriminatory basis.
14GeneralF2F1
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15PrinciplesF2F1
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15aCommon projectsF1
The Secretary of State may by regulations made by statutory instrument make provision imposing on any person a requirement derived from a common project within the meaning of Article 15a of Regulation (EC) No 550/2004 of the European Parliament and of the Council of 10 March 2004 on the provision of air navigation services in the single European sky, as that Regulation has effect in EU law as amended from time to time .
Regulations under paragraph 1—
may make different provision for different purposes;
may make transitional, transitory or saving provision;
may make consequential, incidental or supplementary provision.
A statutory instrument containing regulations under paragraph 1 is subject to annulment in pursuance of a resolution of either House of Parliament.
16Review of complianceF2F1
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17Revision of AnnexesF1
The Secretary of State may by regulations made by statutory instrument amend Annex 1 or 2.
Regulations under paragraph 1—
may make different provision for different purposes;
may make transitional, transitory or saving provision;
may make consequential, incidental or supplementary provision.
A statutory instrument containing regulations under paragraph 1 is subject to annulment in pursuance of a resolution of either House of Parliament.
18ConfidentialityF1
Paragraph 1 shall be without prejudice to the right of disclosure by F4the national supervisory authority or the F5Secretary of State where this is essential for the fulfilment of their duties, in which 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 business secrets.
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18aReviewF2F1
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19Entry into forceF1
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Signature
F1...
Annex IREQUIREMENTS FOR QUALIFIED ENTITIESF1
The qualified entities must:
be able to document extensive experience in assessing public and private entities in the air transport sectors, in particular air navigation service providers, and in other similar sectors in one or more of the fields covered by this Regulation,
have comprehensive rules and regulations for the periodic survey of the abovementioned entities, published and continually upgraded and improved through research and development programmes,
not be controlled by air navigation service providers, by airport management authorities or by others engaged commercially in the provision of air navigation services or in air transport services,
be established with significant technical, managerial, support and research staff commensurate with the tasks to be carried out,
be managed and administered in such a way as to ensure the confidentiality of information required by the administration,
be prepared to provide relevant information to the national supervisory authority F2...,
have defined and documented its policy and objectives for and commitment to quality and have ensured that this policy is understood, implemented and maintained at all levels in the organisation,
have developed, implemented and maintained an effective internal quality system based on appropriate parts of internationally recognised quality standards and in compliance with EN 45004 (inspection bodies) and with EN 29001, as interpreted by the IACS Quality System Certification Scheme Requirements,
be subject to certification of its quality system by an independent body of auditors F3....
1Certificates shall specify:
- (a)
F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (b)
the applicant (name and address);
- (c)
the services which are certified;
- (d)
a statement of the applicant's conformity with the common requirements, as defined in Article 6 of this Regulation;
- (e)
the date of issue and the period of validity of the certificate.
2Additional conditions attached to certificates may, as appropriate, be related to:
- (a)
non-discriminatory access to services for airspace users and the required level of performance of such services, including safety and interoperability levels;
- (b)
the operational specifications for the particular services;
- (c)
the time by which the services should be provided;
- (d)
the various operating equipment to be used within the particular services;
- (e)
ring-fencing or restriction of operations of services other than those related to the provision of air navigation services;
- (f)
contracts, agreements or other arrangements between the service provider and a third party and which concern the service(s);
- (g)
provision of information reasonably required for the verification of compliance of the services with the common requirements, including plans, financial and operational data, and major changes in the type and/or scope of air navigation services provided;
- (h)
any other legal conditions which are not specific to air navigation services, such as conditions relating to the suspension or revocation of the certificate.