Information day on EUROCONTROL Guidance Material on the application of Common Requirements for Service Provision OVERVIEW OF THE SINGLE EUROPEAN SKY Roderick van Dam, Head of EUROCONTROL Legal Service Brussels, 21 February 2006 European Organisation for the Safety of Air Navigation

1. Overview of legal and institutional context ICAO (Art 28 + Annexes) EUROCONTROL (ESARRs) EUROPEAN COMMUNITY (SES Regulations) JAA- EASA International context : applicable norms for ANS International context : applicable norms for ANS ECAC

2. SES legal framework 2.1 General principles of the SES  Overall objective: to guarantee safety of air navigation  Separation of service provision, regulation and supervision functions  Creation of distinct entities responsible for each function  Compliance with European common criteria and requirements  Mutual recognition of certificates and licences

2. SES legal framework 2.2 Four Regulations of the European Parliament and the Council of 10 March 2004  Regulation n° 549/2004 Framework for the creation of the single European sky  Regulation n° 550/2004 Provision of air navigation services  Regulation n° 551/2004 Organisation and use of the airspace  Regulation n° 552/2004 Interoperability of the European air traffic management network  Four regulations directly applicable in EU Member States

2. SES legal framework Regulation n° 550/2004 Provision of air navigation services Certification (art. 7) « The provision of all air navigation Services within the Community shall be subject to certification by Member States » Certification subject to compliance with common requirements (art.6 SPR) + conditions of Annex II SPR « Member States shall designate an air traffic service provider holding a valid certificate in the Community » Member States may designate a MET provider (art. 9 SPR) Designation subject to rights and obligations defined by the Member States Designation (art.8)

2. SES legal framework 2.3 Three Directives of the European Parliament and the Council  Directive N° 94/56/EC of on accident and incident investigation  Directive N° 2003/42/EC of on occurrence reporting  (Future) Directive on a Community Air Traffic Controller Licence  Directives require transposition into national law of EU Member States

2. SES legal framework 2.4 SES Implementing rules developed by the Commission of the EC Commission (itself) Commission (itself) Common requirements for the provision of air navigation services Common requirements for the provision of air navigation services  Regulation N° 2096/2005 of Mandates to EUROCONTROL Flexible use of airspace Flexible use of airspace  Regulation N°2150/2005 of (civil and military) Charging scheme for air navigation services Charging scheme for air navigation services Airspace design Airspace design Interoperability Interoperability European Upper Information Region, European AIP, ATFM, etc….. European Upper Information Region, European AIP, ATFM, etc…..

2. SES legal framework Regulation 2096/2005 on common requirements for the provision of air navigation services Regulation 2096/2005 on common requirements for the provision of air navigation services Generic provisions Granting of certificates, Derogations, Demonstration of compliance Ongoing compliance, Peer review Annex I - General requirements for the provision of ANS Organisational structure and management, Safety and quality management Security, Human resources, Financial strength, Liability and insurance, Quality of services, Reporting Annex II Specific requirements for the provision of ATS Annex III Specific requirements for the provision of MET Annex IV Specific requirements for the provision of AIS Annex V Specific requirements for the provision of CNS

3. Impact of SES on organisations and functions  Provides national laws and regulations  Nominates a National Supervisory Authority (art.4 FR) and notifies it to the Commission  Define rights and obligations attached to designation of ATS (and possibly MET providers)  Designates certified air traffic services provider(s) for its airspace  Recognises certificates issued in other EU States  Concludes agreements for cross-border provision of ATS (FABs)  Reports and informs the Commission 3.1 Member State (government): regulatory functions

3. Impact on organisations and functions  Issues certificates to air navigation service providers having their principal place of operation in the State and complying with Regulation on common requirements (art 7.3 SPR) –May revoke certificates if requirements no longer satisfied  Monitors continued compliance with Regulation on common requirements and with conditions attached to certificates, by supervision and inspections  Grants recognition to Recognised organisations, where applicable  May delegate inspections and surveys to Recognised Organisations (art. 3.1SPR)  Will issue certificates to ATS training providers  Establishes appropriate arrangements with other NSAs for FABs 3.2 National supervisory authority

3. Impact on organisations and functions  By 21 December 2006, no more service provision without certification  Need to comply with requirements of Regulation on common requirements  Need to apply for a certificate from NSA of principal place of operation for all ANS services separately or as a bundle  Need to be designated (mandatory for ATS and possible for MET)  Need to comply with rights and obligations attached to designation NB – Military authorities providing services primarily to GAT are subject to certification 3.3 Air navigation services providers (ATS, CNS, MET, AIS)

3. Impact on ATM organisation and functions Member State (Government) National supervisory Authority Air Navigation Service provider 2 (e.g. MET) Air Navigation Service provider (e.g. ATS) Designates Nominates Certifies and supervises Recognised Organisation Recognises and delegates Performs surveys and inspections Laws and regulations Foreign certificates FABs Agreements

3. Conclusion Issues and Challenges  Define and put in place adequate methodology, processes and cycles for certification  Verification of compliance with Common Requirements (before December 2006)  Resources, financing, legal status of ANSPs and NSAs  Organise cooperation (between States, between NSAs, with Recognised organisations, etc.)  Liabilities  Maintaining compliance with obligations of Chicago Convention