Regulation (EC) No 551/2004 of the European Parliament and of the CouncilShow full title

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)

(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 Commission(1),

Having regard to the opinion of the European Economic and Social Committee(2),

Having regard to the opinion of the Committee of the Regions(3),

Acting in accordance with the procedure laid down in Article 251 of the Treaty(4), in the light of the joint text approved by the Conciliation Committee on 11 December 2003,

Whereas:

(1) The creation of the single European sky requires a harmonised approach for regulation of the organisation and the use of airspace.

(2) In the report of the High Level Group on the single European sky in November 2000 it is considered that airspace should be designed, regulated and strategically managed on a European basis.

(3) The Communication of the Commission on the creation of the single European sky of 30 November 2001 calls for structural reform to permit the creation of the single European sky by way of a progressively more integrated management of airspace and the development of new concepts and procedures of air traffic management.

(4) Regulation (EC) No 549/2004 of the European Parliament and of the Council of 10 March 2004 (the framework Regulation)(5) lays down the framework for the creation of the single European sky.

(5) In Article 1 of the 1944 Chicago Convention on Civil Aviation, the Contracting States recognise that ‘every State has complete and exclusive sovereignty over the airspace above its territory’. It is within the framework of such sovereignty that the Member States of the Community, subject to applicable international conventions, exercise the powers of a public authority when controlling air traffic.

(6) Airspace is a common resource for all categories of users that needs to be used flexibly by all of them, ensuring fairness and transparency whilst taking into account security and defence needs of Member States and their commitments within international organisations.

(7) Efficient airspace management is fundamental to increasing the capacity of the air traffic services system, to providing the optimum response to various user requirements and to achieving the most flexible use of airspace.

(8) The activities of Eurocontrol confirm that the route network and airspace structure cannot realistically be developed in isolation, as each individual Member State is an integral element of the European air traffic management network (EATMN), both inside and outside the Community.

(9) A progressively more integrated operating airspace should be established for en-route general air traffic in the upper airspace; the interface between upper and lower airspace should be identified accordingly.

(10) A European upper flight information region (EUIR) encompassing the upper airspace under the responsibility of the Member States within the scope of this Regulation should facilitate common planning and aeronautical information publication in order to overcome regional bottlenecks.

(11) Airspace users face disparate conditions of access to, and freedom of movement within, the Community airspace. This is due to the lack of harmonisation in the classification of airspace.

(12) The reconfiguration of airspace should be based on operational requirements regardless of existing boundaries. Common general principles for creating uniform functional airspace blocks should be developed in consultation with and on the basis of technical advice from Eurocontrol.

(13) It is essential to achieve a common, harmonised airspace structure in terms of routes and sectors, to base the present and future organisation of airspace on common principles, and to design and manage airspace in accordance with harmonised rules.

(14) The concept of the flexible use of airspace should be applied effectively; it is necessary to optimise the use of sectors of airspace, especially during peak periods for general air traffic and in high-traffic airspace, by cooperation between Member States in respect of the use of such sectors for military operations and training. To that end, it is necessary to allocate the appropriate resources for an effective implementation of the concept of the flexible use of airspace, taking into account both civil and military requirements.

(15) Member States should endeavour to cooperate with neighbouring Member States to apply the concept of flexible use of airspace across national borders.

(16) Differences in the organisation of civil-military cooperation in the Community restrict uniform and timely airspace management and the implementation of changes. The success of the single European sky is dependent upon effective cooperation between civil and military authorities, without prejudice to the prerogatives and responsibilities of the Member States in the field of defence.

(17) Military operations and training should be safeguarded whenever the application of common principles and criteria is detrimental to their safe and efficient performance.

(18) Adequate measures should be introduced to improve the effectiveness of air traffic flow management in order to assist existing operational units, including the Eurocontrol Central Flow Management Unit, to ensure efficient flight operations.

(19) It is desirable to reflect upon the extension of upper airspace concepts to the lower airspace, in accordance with a timetable and appropriate studies,

HAVE ADOPTED THIS REGULATION:

CHAPTER I U.K. GENERAL

Article 1 U.K. Objective and scope

1. Within the scope of the framework Regulation, this Regulation concerns the organisation and the use of airspace [F1 under the responsibility of the United Kingdom]. The objective of this Regulation is to F2 ... establish common procedures for design, planning and management ensuring the efficient and safe performance of air traffic management.

2. The use of airspace shall support the operation of the air navigation services as a coherent and consistent whole in accordance with 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)(6).

3. Without prejudice to Article 10, this Regulation shall apply to the airspace within the ICAO EUR [F3 region where the United Kingdom is] responsible for the provision of air traffic services in accordance with the service provision Regulation. F4 ...

F5 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Words in Art. 1(1) substituted (31.12.2020) by The Air Traffic Management (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/459), regs. 1(2), 46(2)(a); 2020 c. 1, Sch. 5 para. 1(1)

F2 Words in Art. 1(1) omitted (31.12.2020) by virtue of The Air Traffic Management (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/459), regs. 1(2), 46(2)(b); 2020 c. 1, Sch. 5 para. 1(1)

F3 Words in Art. 1(3) substituted (31.12.2020) by The Air Traffic Management (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/459), regs. 1(2), 46(3)(a); 2020 c. 1, Sch. 5 para. 1(1)

F4 Words in Art. 1(3) omitted (31.12.2020) by virtue of The Air Traffic Management (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/459), regs. 1(2), 46(3)(b); 2020 c. 1, Sch. 5 para. 1(1)

F5 Art. 1(4) omitted (31.12.2020) by virtue of The Air Traffic Management (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/459), regs. 1(2), 46(4); 2020 c. 1, Sch. 5 para. 1(1)

CHAPTER II U.K. AIRSPACE ARCHITECTURE

F6 Article 2 U.K. [F6 Division level]

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Textual Amendments

F6 Deleted by Regulation (EC) No 1070/2009 of the European Parliament and of the Council of 21 October 2009 amending Regulations (EC) No 549/2004, (EC) No 550/2004, (EC) No 551/2004 and (EC) No 552/2004 in order to improve the performance and sustainability of the European aviation system (Text with EEA relevance).

F7 Article 3 U.K. European Upper Flight Information Region (EUIR)

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Textual Amendments

F7 Art. 3 omitted (31.12.2020) by virtue of The Air Traffic Management (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/459), regs. 1(2), 47; 2020 c. 1, Sch. 5 para. 1(1)

[F8 Article 3a U.K. Electronic aeronautical information

1. [F9 The national supervisory authority, working in consultation] with Eurocontrol, shall ensure the availability of electronic aeronautical information of high quality, presented in a harmonised way and serving the requirements of all relevant users in terms of data quality and timeliness.

2. For the purpose of paragraph 1, the [F10 national supervisory authority] shall:

(a) [F11 contribute to the development of an] aeronautical information infrastructure in the form of an electronic integrated briefing portal with unrestricted access to interested stakeholders. That infrastructure shall integrate access to and provision of required data elements such as, but not limited to aeronautical information, air traffic services reporting office (ARO) information, meteorological information and flow management information;

(b) support the modernisation and harmonisation of the provision of aeronautical information in its broadest sense in [F12 consultation] with Eurocontrol and the ICAO.

F13 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

F8 Inserted by Regulation (EC) No 1070/2009 of the European Parliament and of the Council of 21 October 2009 amending Regulations (EC) No 549/2004, (EC) No 550/2004, (EC) No 551/2004 and (EC) No 552/2004 in order to improve the performance and sustainability of the European aviation system (Text with EEA relevance).

F9 Words in Art. 3a(1) substituted (31.12.2020) by The Air Traffic Management (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/459), regs. 1(2), 48(2); 2020 c. 1, Sch. 5 para. 1(1)

F10 Words in Art. 3a(2) substituted (31.12.2020) by The Air Traffic Management (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/459), regs. 1(2), 48(3)(a); 2020 c. 1, Sch. 5 para. 1(1)

F11 Words in Art. 3a(2)(a) substituted (31.12.2020) by The Air Traffic Management (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/459), regs. 1(2), 48(3)(b); 2020 c. 1, Sch. 5 para. 1(1)

F12 Word in Art. 3a(2)(b) substituted (31.12.2020) by The Air Traffic Management (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/459), regs. 1(2), 48(3)(c); 2020 c. 1, Sch. 5 para. 1(1)

F13 Art. 3a(3) omitted (31.12.2020) by virtue of The Air Traffic Management (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/459), regs. 1(2), 48(4); 2020 c. 1, Sch. 5 para. 1(1)

[F14 Article 4 U.K. Rules of the air and airspace classification

[F15 1]. [F16 The Secretary of State may by regulations made by statutory instrument make provision to:]

(a)

adopt appropriate provisions on rules of the air based upon ICAO standards and recommended practices;

(b)

harmonise the application of the ICAO airspace classification, with appropriate adaptationF17 ... .

[F18 2. Regulations under paragraph 1—

(a) may make different provision for different purposes;

(b) may make transitional, transitory or saving provision;

(c) may make consequential, incidental or supplementary provision.

3. A statutory instrument containing regulations under paragraph 1 is subject to annulment in pursuance of a resolution of either House of Parliament.]]

Textual Amendments

F14 Substituted by Regulation (EC) No 1070/2009 of the European Parliament and of the Council of 21 October 2009 amending Regulations (EC) No 549/2004, (EC) No 550/2004, (EC) No 551/2004 and (EC) No 552/2004 in order to improve the performance and sustainability of the European aviation system (Text with EEA relevance).

F15 Art. 4(1): in Art. 4 renumbered as Art. 4(1) (31.12.2020) by The Air Traffic Management (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/459), regs. 1(2), 49(2); 2020 c. 1, Sch. 5 para. 1(1)

F16 Words in Art. 4(1) substituted (31.12.2020) by The Air Traffic Management (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/459), regs. 1(2), 49(3); 2020 c. 1, Sch. 5 para. 1(1)

F17 Words in Art. 4(1)(b) omitted (31.12.2020) by virtue of The Air Traffic Management (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/459), regs. 1(2), 49(4); 2020 c. 1, Sch. 5 para. 1(1)

F18 Art. 4(2)(3) inserted (31.12.2020) by The Air Traffic Management (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/459), regs. 1(2), 49(5); 2020 c. 1, Sch. 5 para. 1(1)

F6 Article 5 U.K. [F6 Reconfiguration of the upper airspace]

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Textual Amendments

F6 Deleted by Regulation (EC) No 1070/2009 of the European Parliament and of the Council of 21 October 2009 amending Regulations (EC) No 549/2004, (EC) No 550/2004, (EC) No 551/2004 and (EC) No 552/2004 in order to improve the performance and sustainability of the European aviation system (Text with EEA relevance).

[F14 Article 6 U.K. Network management and design

[F19 1. The Secretary of State may by regulations made by statutory instrument make provision imposing requirements on any person in connection with the exercise by any person of the air traffic management (ATM) network functions.

2. The air traffic management (ATM) network functions are—

(a) the functions described in Article 6(2) of Regulation (EC) No 551/2004, as that regulation has effect in EU law as amended from time to time,

(b) additional functions added to that list in accordance with Article 6(3) of that Regulation as it has effect in EU law as amended from time to time, and

(c) functions under implementing rules adopted under Article 6(4) of that Regulation as it has, and as those rules have, effect in EU law as amended from time to time.]

F19 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F19 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F19 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

6. [F20 The Secretary of State] shall entrust Eurocontrol or another impartial and competent body with the performance of air traffic flow management, subject to appropriate oversight arrangements.

7. [F21 The Secretary of State may by regulations made by statutory instrument make provision about] air traffic flow management, including the necessary oversight arrangements, F22 ... with a view to optimising available capacity in the use of airspace and enhancing air traffic flow management processes. [F23 Regulations under this paragraph] shall be based on transparency and efficiency, ensuring that capacity is provided in a flexible and timely manner, consistent with the recommendations of the ICAO Regional Air Navigation Plan, European Region.

8. [F24 Regulations under paragraph 7] shall support operational decisions by air navigation service providers, airport operators and airspace users and shall cover the following areas:

(a) flight planning;

(b) use of available airspace capacity during all phases of flight, including slot assignment; and

(c) use of routings by general air traffic, including:

• (c) the creation of a single publication for route and traffic orientation,

• options for diversion of general air traffic from congested areas, and

• priority rules regarding access to airspace for general air traffic, particularly during periods of congestion and crisis.

9. When developing and adopting [F25 regulations under paragraph 7 the Secretary of State] shall, as appropriate and without prejudice to safety, take into account consistency between flight plans and airport slots and the necessary coordination with adjacent regions.]

[F26 10. Regulations under paragraph 1 or 7—

(a) may make different provision for different purposes;

(b) may make transitional, transitory or saving provision;

(c) may make consequential, incidental or supplementary provision.

11. A statutory instrument containing regulations under paragraph 1 or 7 is subject to annulment in pursuance of a resolution of either House of Parliament.]

Textual Amendments

F14 Substituted by Regulation (EC) No 1070/2009 of the European Parliament and of the Council of 21 October 2009 amending Regulations (EC) No 549/2004, (EC) No 550/2004, (EC) No 551/2004 and (EC) No 552/2004 in order to improve the performance and sustainability of the European aviation system (Text with EEA relevance).

F19 Art. 6(1)(2) substituted for Art. 6(1)-(5) (31.12.2020) by The Air Traffic Management (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/459), regs. 1(2), 50(2); 2020 c. 1, Sch. 5 para. 1(1)

F20 Words in Art. 6(6) substituted (31.12.2020) by The Air Traffic Management (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/459), regs. 1(2), 50(3); 2020 c. 1, Sch. 5 para. 1(1)

F21 Words in Art. 6(7) substituted (31.12.2020) by The Air Traffic Management (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/459), regs. 1(2), 50(4)(a); 2020 c. 1, Sch. 5 para. 1(1)

F22 Words in Art. 6(7) omitted (31.12.2020) by virtue of The Air Traffic Management (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/459), regs. 1(2), 50(4)(b); 2020 c. 1, Sch. 5 para. 1(1)

F23 Words in Art. 6(7) substituted (31.12.2020) by The Air Traffic Management (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/459), regs. 1(2), 50(4)(c); 2020 c. 1, Sch. 5 para. 1(1)

F24 Words in Art. 6(8) substituted (31.12.2020) by The Air Traffic Management (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/459), regs. 1(2), 50(5); 2020 c. 1, Sch. 5 para. 1(1)

F25 Words in Art. 6(9) substituted (31.12.2020) by The Air Traffic Management (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/459), regs. 1(2), 50(6); 2020 c. 1, Sch. 5 para. 1(1)

F26 Art. 6(10)(11) inserted (31.12.2020) by The Air Traffic Management (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/459), regs. 1(2), 50(7); 2020 c. 1, Sch. 5 para. 1(1)

CHAPTER III U.K. FLEXIBLE USE OF AIRSPACE IN THE SINGLE EUROPEAN SKY

Article 7 U.K. Flexible use of airspace

1. Taking into account the organisation of military aspects under [F27 the responsibility of the Secretary of State], [F28 the persons mentioned in paragraph 1A] shall ensure the uniform application within the [F29 UK ATMS] of the concept of the flexible use of airspace as described by the ICAO and as developed by Eurocontrol, in order to facilitate airspace management and air traffic management F30 ....

[F31 1A. Those persons are:

(a) any air navigation service provider,

(b) the national supervisory authority, and

(c) the Secretary of State.]

2. [F32 The national supervisory authority] shall report annually to the [F33 Secretary of State] on the application F34 ... of the concept of the flexible use of airspace in respect of the airspace under [F35 the responsibility of the United Kingdom].

[F36 3. The Secretary of State may by regulations made by statutory instrument make provision about the flexible use of airspace.

4. When making regulations under paragraph 3 the Secretary of State must have regard to the reports mentioned in paragraph 2.

5. Regulations under paragraph 3—

(a) may make different provision for different purposes;

(b) may make transitional, transitory or saving provision;

(c) may make consequential, incidental or supplementary provision.

6. A statutory instrument containing regulations under paragraph 3 is subject to annulment in pursuance of a resolution of either House of Parliament.]

Textual Amendments

F27 Words in Art. 7(1) substituted (31.12.2020) by The Air Traffic Management (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/459), regs. 1(2), 51(2)(a); 2020 c. 1, Sch. 5 para. 1(1)

F28 Words in Art. 7(1) substituted (31.12.2020) by The Air Traffic Management (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/459), regs. 1(2), 51(2)(b); 2020 c. 1, Sch. 5 para. 1(1)

F29 Words in Art. 7(1) substituted (31.12.2020) by The Air Traffic Management (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/459), regs. 1(2), 51(2)(c); 2020 c. 1, Sch. 5 para. 1(1)

F30 Words in Art. 7(1) omitted (31.12.2020) by virtue of The Air Traffic Management (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/459), regs. 1(2), 51(2)(d); 2020 c. 1, Sch. 5 para. 1(1)

F31 Art. 7(1A) inserted (31.12.2020) by The Air Traffic Management (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/459), regs. 1(2), 51(3); 2020 c. 1, Sch. 5 para. 1(1)

F32 Words in Art. 7(2) substituted (31.12.2020) by The Air Traffic Management (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/459), regs. 1(2), 51(4)(a); 2020 c. 1, Sch. 5 para. 1(1)

F33 Words in Art. 7(2) substituted (31.12.2020) by The Air Traffic Management (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/459), regs. 1(2), 51(4)(b); 2020 c. 1, Sch. 5 para. 1(1)

F34 Words in Art. 7(2) omitted (31.12.2020) by virtue of The Air Traffic Management (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/459), regs. 1(2), 51(4)(c); 2020 c. 1, Sch. 5 para. 1(1)

F35 Words in Art. 7(2) substituted (31.12.2020) by The Air Traffic Management (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/459), regs. 1(2), 51(4)(d); 2020 c. 1, Sch. 5 para. 1(1)

F36 Art. 7(3)-(6) substituted for Art. 7(3) (31.12.2020) by The Air Traffic Management (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/459), regs. 1(2), 51(5); 2020 c. 1, Sch. 5 para. 1(1)

[F37 Article 8 U.K. Disapplication of Article 7

Article 7(1) does not apply if and to the extent that it gives rise to significant operational difficulties.]

Textual Amendments

F37 Art. 8 substituted (31.12.2020) by The Air Traffic Management (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/459), regs. 1(2), 52; 2020 c. 1, Sch. 5 para. 1(1)

F6 Article 9 U.K. [F6 Air traffic flow management]

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F6 Deleted by Regulation (EC) No 1070/2009 of the European Parliament and of the Council of 21 October 2009 amending Regulations (EC) No 549/2004, (EC) No 550/2004, (EC) No 551/2004 and (EC) No 552/2004 in order to improve the performance and sustainability of the European aviation system (Text with EEA relevance).

CHAPTER IV U.K. FINAL PROVISIONS

F38 Article 10 U.K. Review

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F38 Art. 10 omitted (31.12.2020) by virtue of The Air Traffic Management (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/459), regs. 1(2), 53; 2020 c. 1, Sch. 5 para. 1(1)

F39 Article 11 U.K. Entry into force

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F39 Art. 11 omitted (31.12.2020) by virtue of The Air Traffic Management (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/459), regs. 1(2), 54; 2020 c. 1, Sch. 5 para. 1(1)

F40 ...

Textual Amendments

F40 Words in Signature omitted (31.12.2020) by virtue of The Air Traffic Management (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/459), regs. 1(2), 55; 2020 c. 1, Sch. 5 para. 1(1)

COMMISSION STATEMENT

On the basis of a report on experience in implementing Article 5, the Commission will, if necessary, make proposals for amendment of the procedure provided for in Article 5(6) within a period of five years.

(1)

OJ C 103 E, 30.4.2002, p. 35.

(2)

OJ C 241, 7.10.2002, p. 24.

(3)

OJ C 278, 14.11.2002, p. 13.

(4)

Opinion of the European Parliament of 3 September 2002 (OJ C 272 E, 13.11.2003, p. 316), Council Common Position of 18 March 2003 (OJ C 129 E, 3.6.2003, p. 11) 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.

(5)

See page 1 of this Official Journal.

(6)

See page 10 of this Official Journal.