The Single European Sky legislation Status of Implementation

1. The Single European Sky legislation Status of Implementation JAA OST meeting Hoofddorp, 29/11/05 Pascal AUPEE EUROCONTROL European Organisation for the Safety of Air Navigation

2. ROLE OF EUROCONTROL in SES LEGISLATION DEVELOPMENT • Article 8 of the Regulation (EC) No 549/2004 of 10/03/04 laying down the framework for the creation of the Single European Sky: « For the development of implementing rules (…) which fall within the remit of EUROCONTROL, the Commission shall issue mandates to EUROCONTROL (…) ». • An administrative Memorandum of Cooperation helps to organise the day-to-day cooperation. • Deliverables* to the European Commission, while taking into acount the EC membership in EUROCONTROL, capture both EUROCONTROL expertise and stakeholders views. (*) Reports with draft Implementing rules and impact assessments and feasibility reports for non-regulatory matters

3. SES REGULATIONS • A regulatory framework addressed the creation of the Single European Sky. • In April 2004, four regulations came into force: • Framework Regulation: addressing political, institutional and procedural elements; • Service Provision Regulation: ruling the provision of air navigation services; • Airspace Regulation: ruling the organisation and use of the airspace; • Interoperability Regulation: addressing the interoperability of the ATM network. • This set of regulations is supported by Implementing Rules: • Under the Comitology process (SES Committee, supported by ICB-Industry Consultation Body ); • Development under progress with the support of EUROCONTROL; • Adoption of European Commission’s regulations or directives;

4. SES LEGISLATION DEVELOPMENT PROCESS Informal Consultation with Civil and Military Stakeholders States, Service Providers, Airspace Users, Industry, etc. EUROCONTROL rules Formal Consultation of Stakeholders through EUROCONTROL Notice of Proposed Rule-Making mechanism EUROCONTROL Decision-making bodies 1 2 Draft Implementing Rules (IR) SES Implementing Rules SES Mandates European Commission’s Regulation (through EC legislative mechanism) Proposals by EUROCONTROL To the European Commission IR submission by European Commission to SES Committee which endorse IR - ICB recommendation - EUROCONTROL technical support Proposal and issuance by European Commission - Adoption by SES Committee - ICB recommendation - Informal consultation with EUROCONTROL

5. Inventory of developments under the SES Regulations (1)

6. Inventory of developments under the SES Regulations (2)

7. REGULATORY FRAMEWORK FOR FUNCTIONAL AIRSPACE BLOCKS (FABs) • Airspace Regulation - Article 5 :“With a view to achieving maximum capacity and efficiency of the air traffic management network within the single European sky, and with a view to maintaining a high level of safety, the upper airspace shall be reconfigured into functional airspace blocks.” • Objectives: • creation of a single, unified European upper airspace; • better integration of the management of the airspace; • airspace design predicated solely on operational requirements stemming from safety, capacity and efficiencies; • without regard to the alignment of existing national political boundaries. • EUROCONTROL deliverable • Report covering several scenarios illustrating different FAB models, involving different volumes of airspace. Each of these scenarios addresses issues and opportunities along six business components (operational aspects, technical aspects, economic and financial aspects, social and human resources aspects, legal and institutional aspects and military aspects).

8. FOCUS ON INTEROPERABILITYMATTERS • Initial Flight Plan • Coordination & Transfer • Flight Message Transfer Protocol • Air/Ground Voice Channel Spacing • Datalink Services • Aeronautical Data Integrity European Organisation for the Safety of Air Navigation

9. Categories of INTEROPERABILITYImpl. RULES • ATM/CNS services • Operational level • Logical architecture • Equipment European Organisation for the Safety of Air Navigation

10. Categories of Requirements for Impl. rules • Objectives and scope • Requirements: • Interoperability • Performance • Quality of Service • Safety • Conformity Assessment • Transitional rules and implementation dates European Organisation for the Safety of Air Navigation

11. Approaches General Principles • Built for manufactured products • Main objective: common level of safety, free circulation of goods, foster innovation • Provisions limited to two layers: Directives, Harmonised Standards SES Context • Requirement for interoperability of the EATMN implies appropriate level of prescription, depending on objectives to be achieved • Intermediate (binding) layer added: Implementing rules • Technical solutions kept at voluntary level • Only existing comparable case is railway

12. Levels of interoperability • SES interoperability has a very broad scope • Concrete meaning of interoperability can be very different depending on objectives to be achieved • No single approach possible • Need to keep in mind essential requirements on harmonised logical architecture and modularity of systems • Two possible options, once requirements necessary for interoperability have been identified: • Inclusion in the IR (initial approach for FMTP) • Inclusion in a separate specification document, being made mandatory through reference in the IR.

13. Approach for deriving safety requirements (1) • Objective: Provide Safety Requirements for the purpose of interoperability • Approach: first level of safety assessment anticipating on minimum common requirement basis for safe implementation of the rule • Provides safety validation of IR • Precedes safety assessment at implementation level • Some requirements may duplicate interoperability ones • Some requirements may be specific

14. Approach for deriving safety requirements (2) • Requirements derived not exhaustive by definition • Two possible options: • Include them in the IR as minimum common basis • Only refer in the IR to safety processes to be performed in application of Common Requirements for service provision • EUROCONTROL proposed Option 1, based on stakeholders feedback • Specific case of replicated IOP/perfo requirements

15. FOCUS ON SINGLE AIP • Article 3(5) of the Airspace Regulation • Compatibility and coordination with ICAO requirements, and with the creation of a single publication for route and traffic orientation (Article 9 on ATFM) • SES/Single AIP deliverables (non-regulatory) • Linkage with EUIR development • Functional and technological options. European Organisation for the Safety of Air Navigation

16. FUTURE SES ACTIVITIES • The present set of Implementing rules will be complemented • where and when relevant. • Through the provision of article 8 of the Framework • Regulation, it is anticipated that EUROCONTROL is tasked • to develop additional Implementing rules over the period • 2006-2008.

17. The Single European Sky legislation Status of Implementation QUESTIONS ? European Organisation for the Safety of Air Navigation