5 Single European Sky
| (a)
(35071)
11490/13
COM(13) 408
(b)
(35072)
11496/13
COM(13) 409
(c)
(35073)
11501/13
+ ADDs 1-2
COM(13) 410
|
Commission Communication: Accelerating the implementation of the Single European Sky
Draft Regulation amending Regulation (EC) No. 216/2008 in the field of aerodromes, air traffic management and air navigation services
Draft Regulation on the implementation of the Single European Sky (recast)
|
| Legal base | (a) —
(b)-(c) Article 100(2) TFEU; co-decision; QMV
|
| Documents originated | 11 June 2013
|
| Deposited in Parliament | 21 June 2013
|
| Department | Transport
|
| Basis of consideration | EM of 3 July 2013
|
| Previous Committee Report | None
|
| Discussion in Council | Not known
|
| Committee's assessment | Politically important
|
| Committee's decision | Not cleared; further information requested
|
Background
5.1 The Single European Sky (SES) initiative was launched
in response to the growing problem in air traffic management (ATM)
delays in the late 1990s. The principal objective of the SES
is to deliver a seamless, safe, sustainable, efficient and interoperable
European ATM system capable of meeting future capacity needs and
not artificially constrained by national borders.
5.2 The legislative basis for the SES was established in April
2004 with the entry into force of four high-level Regulations,[13]
now termed "SES I". These Regulations were amended
by Regulation (EC) 1070/2009 to introduce a performance scheme
and network management function and to accelerate the formation
of cross-border "functional airspace blocks" (FABs)
involving two or more states collaborating to improve operational
efficiency in their combined airspace. These amendments were
part of the SES second package (SES II) aimed at expediting the
delivery of SESAR (SES ATM Research), which is the technological/industrial
complement to the SES and crucial to its realisation.[14]
5.3 The SES Framework Regulation requires the Commission to
review the application of the SES legislation and report periodically
to the Council and the European Parliament on progress in the
light of the original objectives and with a view to future needs.
5.4 The EU aviation safety regulatory system is a partnership
between a number of authorities — the Commission, the European
Aviation Safety Agency (EASA), the Member States and their national
aviation authorities (CAA in the UK) and affected stakeholders.
The EASA's primary objective is to establish and maintain a high
and uniform level of civil aviation safety in the EU covering
its areas of competence, that is airworthiness, personnel licensing,
aircraft operations, safety of third country aircraft, aerodromes,
air traffic management and air navigation services.
The documents
5.5 In its Communication, document (a), the Commission rehearses
the justification for, and the history of, the SES. It asserts
that:
"The implementation of the SES and associated reform of the
European ATM system must be accelerated, helping our airspace
users in a tough global competitive environment, and facilitating
future economic growth. So the Commission, building on the experience
of the SES so far, is proposing a carefully targeted further legislative
proposal to facilitate early implementation of the SES, a legislative
package consisting of the recast of the four regulations creating
the Single European Sky and the amendment of the regulation establishing
the European Aviation Safety Agency (EASA)."
5.6 The Commission discusses various aspects of the two Regulations
it proposes. It also discusses the changing role of Eurocontrol
(European Organisation for the Safety of Air Navigation)[15]
and notes that:
"The provisional governing bodies of Eurocontrol have started
the discussion on the reform of the organisation in May 2013.
The Commission intends to contribute to this discussion by co-ordinating
the position of Member States to ensure a swift revision of the
Eurocontrol Convention starting from 2014 and focusing Eurocontrol
on operational tasks in which it has greatest expertise."
5.7 The key aspects of the draft Regulation to recast (consolidate
and amend) the four SES I Regulations, document (c), which the
Commission terms "SES II+", are:
- extending the application of the SES to airspace outside Europe,
in the ICAO NAT (International Civil Aviation Organisation North
Atlantic) region where the UK and Ireland are jointly responsible
for air traffic services;
- a requirement for National Supervisory Authorities
(the CAA for the UK) to be legally distinct and independent from
air navigation service providers by 2020, which follows the model
the UK has already implemented with the CAA and NATS (the UK's
air traffic control service);
- a requirement for National Supervisory Authorities
to take part in an undefined collaborative network to pool and
share resources, knowledge and best practice supported by the
Commission and EASA. There is a similar new provision in the
amending EASA Regulation, document (b);
- an existing requirement on Member States to consult
stakeholders, which in the UK is currently exercised by DfT, would
in future fall on National Supervisory Authorities;
- the concept of support services as non-core air
navigation services[16]
is proposed, with requirements for core and non-core air navigation
services to be delivered through separate undertakings by 2020
— the objective being to allow a contestable market for
non-core services;
- a number of non-core air navigation services
currently being delivered at Member State or FAB level would be
delivered centrally at EU level, with the Commission given power
to expand the number of centralised services by way of delegated
acts;
- amendments to the SES Performance Scheme with
the objective of speeding up decision making. Member State involvement
in target setting at EU level would be reduced and mechanisms
for enforcement of EU targets strengthened;
- requirements for the SESAR programme, including
some aspects from the recently agreed Implementing Regulation
for SESAR Common Projects and making clear the comitology role.
A new article is included giving the Commission the power to
propose Implementing Regulations and other relevant measures to
promote technological development and interoperability for air
traffic management, with regulatory material being developed through
EASA processes;
- the obligation to form FABs would remain with
Member States (the UK has formed one with Ireland). The new proposals
are based on integrated provision of services and a requirement
to ensure they are designed to seek maximum synergies to meet
and exceed performance targets. There is also provision for the
Commission to develop detailed rules for FABs rather than just
guidance material as now;
- Eurocontrol currently performs the "Network
Manager" role for the EU air traffic management network.
The Network Manager would be given additional functions relating
to centralised services. It is envisaged that the role of Network
Manager will be removed from Eurocontrol and designated as a self-standing
service provider on the basis of an industrial partnership by
2020; and
- a new requirement for air navigation service
providers to consult with airspace users on all major issues related
to the services provided, with power for the Commission to produce
Implementing Regulations in this area.
5.8 The key aspects of the EASA draft amending
Regulation, document (b), are:
- moving some elements of SES
legislation into the EASA Regulation to make the legislative framework
simpler and more consistent;
- changes in the naming and governance of the EASA
in line with an inter-institutional agreement covering all EU
Agencies — the new name would be the "European Union
Agency for Aviation";
- development and adoption of new technical rules
(on aircrew, operations, aerodromes and air traffic management
and air navigation services) would be under Delegated Acts, with
the Commission obliged to consult an expert committee;
- a number of changes have been introduced in relation
to applicability to the military bringing the EASA into line with
how SES addresses the military;
- transfer of the safety aspects of the SES Regulations
into the EASA system including interoperability and flexible use
of airspace concepts; and
- changes to the governance of the EASA, including
creation of an Executive Board, as a sub-group of the Management
Board.
The Government's view
5.9 The Minister of State, Department for Transport
(Mr Simon Burns) comments first that the Government considers
that the proposals are justified in accordance with the principles
of subsidiarity and proportionality, saying that the required
improvements in safety, capacity, environmental performance and
cost efficiency across the EU air traffic management network could
not be delivered by Member States acting alone.
5.10 Turning to the policy implications the Minister
says that:
- successive Governments have
supported the SES project and the present Government intends to
continue this support;
- the SES is already delivering operational efficiency
benefits to airspace users and passengers, in the form of reduced
air navigation charges, more direct flight routings and reduced
fuel burn; and
- similarly, successive Governments have supported
the EASA, which aims to deliver a high and uniform level of civil
aviation safety across the EU, to ensure that regulatory proposals
for aviation safety under the auspices of the present EASA Regulation
are effective and proportionate.
5.11 The Minister continues that:
- the Government welcomes the
intention to rationalise the four SES Regulations into one and
transfer the safety aspects of the SES into the EASA regulatory
framework; but
- there could be potential consequences, both intended
and unintended, and it is still considering its views on the detail
of the proposals.
5.12 On the key aspects of the SES II+ proposals
that the Government is still considering and may seek to influence
during negotiations are as follows, the Minister says first that:
- the Government will seek legal
clarity concerning the application of the regulations to the airspace
of the ICAO NAT (North Atlantic) Region and whether EU competence
can extend to those regions — responsibility for managing
Flight Information Regions is established through the international
agreement of ICAO contracting States; and
- the Government needs, in any case, to make an
assessment of the benefits of applying the SES rules to this airspace,
which is very different from the core of Europe.
5.13 With regard to National Supervisory Authorities
the Minister says that:
- the UK CAA model is expected
to be compliant with the proposed SES Regulation and is often
held up as an example of best practice; but
- the Government will seek clarity on the requirements
and best means to support the delivery and exchange of information
and cooperation between national supervisory authorities.
5.14 The Minister says that the Government supports
the principles of a contestable market to provide best value for
money to users and the travelling public. He adds that it considers,
however that that core services, impacting on safety, should have
the direct involvement of air navigation service providers and
therefore boundaries between core and non-core services need to
be clearly defined. He says that the Government supports some
centralisation of services, especially in relation to new SESAR
technologies (which no service providers are currently using),
to achieve greater synergies where there is a positive cost benefit
analysis.
5.15 The Minister tells us that, although the
Communication and the Commission's impact assessment on the SESII+
Regulation refer to these proposals in part as a strategic re-positioning
of FABs, there is actually little that is new here. He says that:
- the proposals appear to mix
regulatory requirements and an industry-led approach, though it
is not clear how responsibility and accountability will be established
for an industry-led approach; and
- whilst supporting a strategic redirection of
FABs towards service provision led co-operative entities, which
aligns with the approach already taken by the UK and Ireland,
there is also need to rationalise the regulatory requirements
to ensure the Regulation does not restrict a service-led approach.
5.16 In relation to the Network Manager the Minister
says that:
- its designation as a self-standing
service provider needs to ensure that the separation of regulation
and service provision is fully accounted for;
- once these concerns are resolved the Government
could support the creation of an industrial partnership, but would
seek a stronger Member State role in the governance, in order
to discharge State responsibilities to the ICAO; and
- likewise the Government could support a model
where the Network Manager works with service providers to identify
where airspace design could be improved, but would need to resist
top down direction on the detail of any design that could potentially
conflict with national requirements.
5.17 The Minister notes that both the draft Regulations:
- contain powers for the Commission
to use Delegated Acts, especially where the Commission is trying
to speed up or streamline processes; and
- in each case, the Commission's power to make
Delegated Acts is expressed for an indeterminate period, but subject
to revocation by the European Parliament or Council.
5.18 He comments that:
- the balance between the use
of Delegated Acts, rather than Implementing Acts, with additional
committee oversight through the examination procedure is a fine
one;
- the Government proposes to consult stakeholders
before reaching a firm view on whether Delegated Acts can be justified
for some elements of these measures, (probably those which most
technical in nature);
- but it will reserve the right to press for the
examination procedure in other instances; and
- it would expect many of the other Member States
to share this view.
5.19 Turning to key matters specific to the draft
EASA Regulation, document (b), the Minister says that:
- although the SES II + proposal
still includes the statement from the current Regulations that
"Decisions relating to the content, scope or carrying out
of military operations and training do not fall within the sphere
of competence of the Union under Article 100(2) of the Treaty
on the Functioning of the European Union" some technical
changes in definitions in the proposed amendment to the EASA Regulation
have given rise to uncertainty in application;
- whilst the Government does not believe this is
intended the issue will need to be addressed;
- where SES tools are to be transferred to the
EASA system the text covering them is significantly shorter, so
there will need to be an evaluation by technical experts to consider
any consequences and to ensure these are addressed;
- there is a difference between the existing SES
Regulations with a scope covering 'Air Traffic Management' and
the EASA Regulations covering 'Air Traffic Management and Air
Navigation Services';
- in transferring elements of the SES Regulations
to the EASA, this potentially opens them up to a wider scope with
unintended consequence which will have to be investigated by technical
experts and fully understood; and
- the changes proposed to the EASA governance will
also need careful consideration for any positive or negative impacts,
particularly with respect to ensuring that the UK can continue
to maintain its strong influence in both technical and policy
matters.
5.20 The Minister says that precise details on
any financial implications will only become clear as the package
develops in negotiations. He comments that, although the proposals
are aimed at speeding up the delivery of the SES and of themselves
should not introduce significant additional financial burdens,
precise details on any financial implications will only become
clear as Regulations are developed and more fully understood.
5.21 On consultations the Minister tells us that:
- primary and secondary SES legislation
is discussed within the Department for Transport's European Airspace
Policy Committee (EAPC), which includes representatives from the
Ministry of Defence, the CAA and NATS, as the licensed en route
air navigation service provider in the UK;
- the Department achieves wider stakeholder consultation
through its European Air Traffic Management Stakeholder Forum,
which includes representatives from airlines, the military, service
providers, regulators and general aviation;
- these legislative proposals have been circulated
to both groups;
- the EAPC will first meet for formal discussion
on 18 July and the Stakeholder Forum will discuss the proposals
on 4 September;
- in addition, the Department's EASA industry forum,
involving CAA, NATS and UK industry, will discuss the proposals
at its next meeting on 13 September; and
- a small round table discussion of key stakeholders
is also being planned.
5.22 The Minister continues that, although no
formal national consultation has been conducted on SESII+, views
on the SES to date are well known and as the new proposals do
not intend to make any fundamental changes, the Government expects
views to be broadly similar to those already expressed, which
are:
- the users, mainly airlines,
want to see the drive to achieve savings accelerated, but recognise
this must not be at the expense of service quality (safety and
capacity);
- the air navigation service providers, primarily
NATS, feel the full force of the Performance Scheme and need to
balance the requirement to achieve targets for safety, environment,
capacity and cost efficiency with delivering a return to shareholders;
- the unions representing air traffic controllers
and support staff in the air traffic management industry are opposed
to elements of the SES because they recognise the drive for efficiency
improvements will ultimately mean fewer jobs; and
- under the current SES legislation, NATS have
announced a voluntary redundancy programme as part of its planning
in preparation for meeting performance targets for 2015.
5.23 As for an impact assessment the Minister
says that:
- the SESII+ and EASA proposals
together are a recast and rationalisation of existing Regulations
and are not anticipated to lead to significant additional impacts
on the UK;
- the rationalisation is intended to make the legislative
and regulatory framework less complex, delivering safety, capacity,
environment and cost savings more swiftly than would otherwise
be the case; but
- further work is needed in a number of areas to
better understand the technical detail and, if it becomes clear
there is the likelihood of significant impact on the UK, an Impact
Assessment Checklist will be completed.
Conclusion
5.24 We recognise the value of the developing
Single European Sky system in providing better, more effective
and reliable conditions for air travel across EU airspace and
note the Government's nuanced support for the present proposals.
5.25 We are grateful to the Minister for his
assessment of the proposals, albeit necessarily preliminary and
tentative. However, we will only consider the proposals further
when we have accounts in due course of developments on the matters
the Minister has drawn to our attention, that is the ICAO NAT
Region, National Supervisory Authorities, definition of core and
non-core services, centralisation of services, FABs, the Network
Manager, the balance between Delegated Acts and Implementing Acts,
the EASA and the military, shortening of text on SES tools, scope
in relation to Air Traffic Management' and 'Air Traffic Management
and Air Navigation Services', EASA governance and any issues arising
from the consultations and further consideration of the financial
implications and the impacts of the proposals.
5.26 Meanwhile the documents remain under
scrutiny.
13 Regulation (EC) No. 549/2004 laying down the framework
for the creation of the Single European Sky. Regulation (EC),
No. 550/2004 on the provision of air navigation services in the
Single European Sky, Regulation (EC) No. 551/2004 on the organisation
and use of the airspace in the Single European Sky and Regulation
(EC) No. 552/2004 on the interoperability of the European air
traffic management network. Back
14
For SESAR see http://www.sesarju.eu/about. Back
15
For EUROCONTROL see http://www.eurocontrol.int/content/about-us. Back
16
The proposal refers to "the provision of communication, navigation
and surveillance services, as well as meteorological and aeronautical
information services". Back
|
