The European Parliament adopted a legislative resolution approving the Council position at first reading with a view to the adoption of a regulation of the European Parliament and of the Council on the implementation of the Single European Sky (recast).

The Council position at first reading reflects the agreement reached between Parliament and the Council in interinstitutional negotiations at early second-reading stage.

The aim of the reform is to improve the performance, organisation, and management of airspaces in the EU and the provision of the air navigation services to increase capacity, lower costs, and increase the system’s adaptability, while also trying to reduce aviation’s impact on environment and climate.

EU performance targets on capacity, cost efficiency, climate and environmental factors for air navigation services will be developed by the Commission and the performance of these services against these targets will be reviewed at least every three years.

An independent advisory Performance Review Board will be established to help the Commission and Member States take decisions on the implementation of performance plans for air navigation services to improve network management of EU airspace, that will have to have binding targets and incentives to make flights more efficient and environmentally friendly.

A national supervisory authority will be designated by the Member State to assess compliance by air navigation service providers with certain requirements.

The agreement also stipulates that the air navigation service providers and the national supervisory authority can be part of the same organisation as long as they are functionally separated and fulfil independence requirements . Member States may merge economic and safety oversight functions in the same administrative entity and they may authorise the opening of certain air navigation services to market conditions.

Lastly, the Council position introduced the possibility for a mandatory modulation of en route charges to encourage airspace users to support improvements in climate and environmental performance.

The Council adopted its position at first reading with a view to the adoption of a Regulation of the European Parliament and of the Council on the implementation of the Single European Sky (recast).

The aim of the reform is to improve the performance, organisation, and management of airspaces in the EU and the provision of the air navigation services to increase capacity, lower costs, and increase the system’s adaptability, while also trying to reduce aviation’s impact on environment and climate.

The main elements of the Council position are as follows:

Subject matter and scope

The Council’s position retains the key objectives of the Single European Sky: reinforce safety, respond to capacity needs, and help cut CO ₂ emissions, while being cost-effective.

The application of the regulation is without prejudice to Member States' sovereignty over their airspace and to the requirements of the member states relating to public order, public security, and defence matters. The new regulation does not cover military operations and training.

National supervisory authorities

A national supervisory authority is designated by each Member State to assess compliance of air navigation service providers with certain requirements, such as financial sustainability and organisational structure, in cooperation with the national competent authority in charge of the certification of air navigation service providers. Member States may decide to assign those tasks to one or the other authority.

National supervisory authorities (NSAs) will be independent from any air navigation service providers, in organisational, hierarchical and decision-making terms. The air navigation service providers and the national supervisory authority can be part of the same organisation provided they are functionally separated and meet independence requirements.

Member States may also have possibility to merge economic and safety oversight functions in the same administrative entity.

Service provision

Air traffic service providers may procure communication, navigation and surveillance services , aeronautical information services, air traffic data services, or meteorological services in cases where Member States have not designated a meteorological services provider, under market conditions , or under other forms of agreements where Directives 2014/24/EU and 2014/25/EU of the European Parliament and of the Council do not apply.

Air traffic service providers may open certain air navigation services to market conditions on a voluntary basis and Member States may decide to authorise the opening of air traffic services for aerodrome and/or approach control to market conditions.

Assessment of performances

National supervisory authorities and the Commission will together assess the performance of air navigation services, in accordance with the subsidiarity and proportionality principles. The Commission will be assisted in this process by an independent performance review board , which has an advisory role, is established as a stable and permanent entity, and will be funded by the EU budget.

Modulation of charges

The Council position introduced the possibility for a mandatory modulation of en route charges to encourage airspace users to support improvements in climate and environmental performance , such as the use of the most fuel-efficient available routing or increased use of alternative clean propulsion technologies. These would be subject to a feasibility study that will determine the contribution and the added value of such a modulation, and will assess its impact on air traffic, service provision, administrative costs, and stakeholders.

Network functions

The regulation lists nine network functions : (i) design and use of airspace structures; (ii) air traffic flow management; (iii) coordination of scarce resources; (iv) facilitation of delegation of provision of air traffic services; (v) provision of air traffic control capacity; (vi) network crisis management; (vii) air traffic flow management delay attribution; (viii) management of the planning, monitoring and coordination of infrastructure deployment implementation activities in the European Air Traffic Management Network; (ix) monitoring of European Air Traffic Management Network infrastructure operations.

The list of network functions is exhaustive and covers all aspects necessary for the management of the network. The regulation specifies that these network functions are to be performed by the Member States and all relevant stakeholders with input from the network operator.

Network perspective

The network perspective is strengthened by adding new network functions and by giving the current network manager, Eurocontrol , additional, clearly delineated tasks so that it can better contribute to the sustainable and efficient use of the airspace. Member States will be fully involved in decisions of strategic importance for the network.

The European Parliament adopted by 489 votes to 154 with 34 abstentions, a legislative resolution on proposal for a regulation of the European Parliament and Council on the implementation of the Single European Sky (SES) (recast).

Parliament’s position in first reading following the ordinary legislative procedure amended the Commission proposal as follows:

Implementation of the SES : Parliament stressed that the Regulation should be implemented as swiftly as possible In order to ensure that the expected increase in air traffic did not cause or exacerbate congestion in European airspace, with all the economic, environmental and security costs that that would entail, fragmentation of that airspace should be remedied.

The implementation of the Single European Sky should have a positive impact in terms of growth, employment and competitiveness in Europe , in particular by increasing demand for jobs requiring advanced qualifications.

Objectives: the regulation lays down rules for the creation and proper functioning of the Single European Sky in order to ensure current air traffic safety standards, to contribute to the sustainable development of the air transport system, such as reducing climate impact .

The Single European Sky should comprise a coherent pan-European and, subject to specific arrangements with the neighbouring countries, third-country network of routes, an integrated operating airspace, network management and air traffic management based only on safety, efficiency and interoperability, for the benefit of all airspace users.

The application of the regulation to Gibraltar airport shall be suspended until the arrangements set out in the Joint Declaration made by the Foreign Ministers of the Kingdom of Spain and the United Kingdom on 2 December 1987 are applied.

National aviation authority: the amended text provides for Member States’ designation of a national body to act as the national aviation authority.

The authorities should be legally distinct and independent , in particular in organisational, hierarchical and decision-making terms, including separate annual budget allocation, from any company, organisation, public or private entity or personnel falling within the scope of authority activity as provided for in this Regulation and in Regulation (EC) No 216/2008 or having an interest in the activities of such entities. The national aviation authorities shall ensure compliance with these provisions on the date of entry into force of this Regulation or at the latest by 1 January 2017.

Staff of the national aviation authorities shall be recruited under clear and transparent rules and criteria, which guarantee their independence. They should not be seconded from air navigation service providers (ANSPs) or companies under the control of ANSPs.

As regards persons who have been in charge of strategic decisions , for more than six months, they must have no professional position or responsibility with any of the air navigation service providers after their term in the national aviation authority, for a period of at least 12 months for staff in managerial positions and at least six months for staff in non-managerial positions.

The authority's top management shall be appointed for a fixed term of between three and seven years.

Definitions: Members added certain definitions, such as 'local performance plans' and 'industrial partnership' supporting one or more functional airspace blocks, in order to maximise performance.

The text also contained a definition of ‘human factor’ meaning the social, cultural and staffing conditions in the ATM sector.

Cooperation between national aviation authorities : the Commission and the European Agency for Aviation (EAA) should facilitate cooperation among the authorities them in order to enable the exchange of best practices and to develop a common approach, including through enhanced cooperation at regional level, by providing a platform for such exchanges . This cooperation should take place on a regular basis (at least once a year.)

The tasks and objectives of the network were more clearly defined : inter alia, they may provide opinions to the Commission and the EAA on rule-making and certification and provide opinions, guidelines and recommendations designed to facilitate the provision of cross-border services.

Certificates: the issue of certificates shall confer on air navigation service providers the possibility of offering their services to any Member State, other air navigation service providers, airspace users and airports within the Union and neighbouring third countries, if appropriate, within a functional airspace block, subject to mutual agreement between the relevant parties.

Provision of support services : ' support services' were defined as CNS (communication, navigation and surveillance), MET (meteorological) and AIS (aeronautical information) services as well as other services and activities, which are linked to, and support the provision of, air navigation services.

Parliament stated that there should be no statutory impediments to providers of support services that would prevent their ability to compete within the Union on the basis of equitable, non-discriminatory and transparent conditions for the purpose of providing these services.

Members proposed that air navigation service providers, when drawing up their business plans, should call for offers from different support services providers, with a view to choosing the financially and qualitatively most beneficial provider.

In the choice of an external provider of support services, the provisions of Directive 2004/18/EC shall be complied with, including cost and energy efficiency, overall service quality, interoperability and safety of services, as well as transparency of the procurement process

The Commission shall conduct a comprehensive study on the operational, economic, safety and social impacts of the introduction of market principles to the provision of support services, and shall submit that study to the European Parliament and the Council by 1 January 2016.

Performance criteria and system : Parliament proposed a ‘performance review body’ (PRB) be established as a European economic regulator under the supervision of the Commission, with effect from 1 July 2015. The PRB shall be functionally and legally separate from any service provider, whether at national or pan-European level.

The compliance of the local performance plans and local targets with the Union-wide performance targets shall be assessed by the Commission in cooperation with the PRB.

Union-wide performance targets shall be set with a view to ensuring that each functional airspace block retains sufficient flexibility to achieve the best results.

Compensation mechanism : in addition to the introduction of sanctions, an appropriate compensation mechanism must also be established in order to address the problem stemming from the lack of synchronisation in SESAR deployment and resulting lost investment. The Commission may propose financial mechanisms to improve the synchronisation of air-based and ground-based capital expenditure related to the deployment of SESAR technologies

Implementation of the ATM Master Plan : implementation of the ATM Master Plan shall be coordinated by the Commission. The Network Manager, the PRB and the Deployment Manager shall contribute to the implementation of the ATM Master Plan in accordance with the provisions of the regulation.

The Commission should adopt, by implementing acts, measures establishing the governance of implementation of the ATM Master Plan, including defining and selecting the body responsible at management level (Deployment Manager).

The Deployment Manager should recommend to the Commission binding deadlines for deployment and appropriate corrective actions concerning delayed implementation.

Industrial partnerships : Members stipulated that industrial partnerships should be separate from FABs, which were a state initiative. What is more, industrial partnerships need not overlap with FABs in terms of the Member States concerned and therefore should be classed as a separate type of cooperation.

The Committee on Transport and Tourism adopted the report by Marian-Jean MARINESCU (EPP, RO) on the proposal for a regulation of the European Parliament and Council on the implementation of the Single European Sky (recast).

The parliamentary committee recommended that the position of the European Parliament adopted at first reading under the ordinary legislative procedure modify the Commission proposal as follows.

Purpose of the regulation : this regulation should lay down rules for the creation and proper functioning of the Single European Sky in order to ensure current air traffic safety standards, to contribute to the sustainable development of the air transport system, and in particular, reducing climate impact .

The Single European Sky shall comprise a coherent network at the pan-European level and, subject to specific arrangements with the neighbouring countries, in third-countries , an integrated operating airspace, network management and air traffic management for the benefit of all airspace users.

National aviation authorities : these shall be legally distinct and independent , in particular in organisational, hierarchical and decision-making terms – and with their annual budget - from any company, organisation, public or private entity or personnel falling within the scope of authority activity as provided for in Regulation (EC) No 216/2008 or having an interest in the activities of such entities.

Staff of the national aviation authorities shall be recruited under clear and transparent rules and criteria which guarantee their independence.

They shall not be seconded from air navigation service providers (ANSPs) or companies under the control of ANSPs.

Persons who have been in charge of strategic decisions for more than six months shall have no professional position or responsibility with any of the air navigation service providers after their term in the national aviation authority, for a period ofat least 12 months for staff in managerial positions (at least six months for staff in non-managerial positions).

Definitions : the Members added important definitions, namely that of a “local performance target” and “industrial partnership” which, according to the proposal, will now be a “driving force” within newly-structured functional airspace blocks (FABs).

The definition of the “human factor” was also introduced, meaning the social, cultural and staffing conditions in the air traffic management (ATM) sector

The human factor must be monitored and brought into the core of the Single European Sky framework.

Cooperation between national aviation authorities : The Commission and the European Aviation Agency (EAA) shallfacilitate active cooperation of these authorities to enable them to exchange their best practices and to develop common solutions, including stronger cooperation at the regional level, and placing at their disposal a platform for these exchanges .

This cooperation should take place in a network that convenes at regular intervals (at least once a year).

The purpose and tasks of the network was spelled out in more detail: it must, among others, provide opinions to the Commission and the EAA on rule-making and certification and provide recommendations designed to facilitate the provision of cross-border services.

Certification of air navigation service providers : the issue of certificates shall confer on air navigation service providers the possibility of offering their services to any Member State , and if appropriate, neighbouring third countries , within a functional airspace block, subject to mutual agreement between the relevant parties.

Provision of support services : “support services” means communication, navigation and surveillance (CNS), meteorological services (MET) and aeronautical information services (AIS) as well as other services and activities, which are linked to, and support the provision of, air navigation services.

According to the report, there should be no statutory impediments to providers of support services that would prevent their ability to compete within the Union on the basis of equitable, non-discriminatory and transparent conditions for the purpose of providing these services.

Members proposed that air navigation service providers, when drawing up their business plans, should call for offers from different support services providers, with a view to choosing the financially and qualitatively most beneficial provider.

Binding selection criteria for the entity procuring those services shall be, in particular, cost and energy efficiency, overall service quality, interoperability and safety of services, as well as transparency of the procurement process.

System and performance criteria : Members proposed that a “performance review body” (PRB) be established as a European economic regulatorunder the supervision of the Commission, with effect from 1 July 2015. The PRB shall be functionally and legally separate from any service provider, whether at national or pan-European level.

The compliance of the local performance plans and local targets with the Union-wide performance targets shall be assessed by the Commission in cooperation with the PRB.

In addition to the introduction of sanctions, an appropriate compensation mechanism must also be established in order to address the problem stemming from the lack of synchronisation in SESAR deployment and lost investment resulting thereof.

The Commission may propose financial mechanisms to improve the synchronisation of air-based and ground-based capital expenditure related to the deployment of SESAR technologies.

Implementation of the ATM Master Plan : implementation of the ATM Master Plan shall be coordinated by the Commission. The Network Manager, the PRB and the Deployment Manager shall contribute to the implementation of the ATM Master Plan in accordance with the provisions of this regulation.

The Commission shall adopt, by implementing acts, measures establishing the governance of implementation of the ATM Master Plan, including defining and selecting the body responsible at management level (Deployment Manager).

Industrial partnerships : Members stipulated that industrial partnerships should be separate from FABs, which are a state initiative. What is more, industrial partnerships need not overlap with FABs in terms of the Member States concerned and therefore should be classed as a separate type of cooperation.