Regulation 1070/2009 - Improving the Performance of European Aviation System

Regulation 1070/2009 - Improving the Performance of European Aviation System


In order to complete the creation of the Single European Sky (SES), the European parliament and the Council adopted in 2009 amendments to the first package of SES legislation, in particular, to improve the performance of the European aviation system in the key areas of safety, environment, capacity and cost-efficiency. It was also necessary to adapt the Single European Sky legislation to technical progress and create a single safety framework in the European Community. This second legislative package includes two regulations, notably Regulation (EC) No 1070/2009 and Regulation (EC) No 1108/2009 extending EASA remit to airports, ATM and ANS. This second legislative package become popular under the heading Single European Sky II.


This Regulation incorporates provisions amending the four basic SES Regulations adopted in 2004.

Regulation (EC) No 549/2004 (“the Framework regulation”) has been amended in order to improve the performance and sustainability of the European aviation system. A number of changes have been introduced, some of which concern:

  • Article 4 - “National supervisory authorities”: The provisions are better specified and extended; Member States are now required to ensure that NSAs have the necessary resources and capabilities to carry out the tasks assigned to them under this Regulation in an efficient and timely manner.
  • Article 6 - “Industry consultation body”: The scope of ICB advice to the Commission is extended by removing the previous restraint to “technical aspects”.
  • Article 8 - “Implementing rules”: The obligation of the European Commission to issue mandates to EUROCONTROL for the development of implementing rules which fall within the remit of EUROCONTROL is removed.
  • Article 10 - “Consultations with stakeholders”: The scope of the consultation is extended to include airport operators and military authorities, as well as a consultation mechanism at Community level, to be established by the Commission.
  • Article 11 - “Performance scheme”: A performance scheme for air navigation services and network functions is introduced. It shall include: performance targets in the areas of safety, environment, capacity and cost-efficiency; national plans or plans for functional airspace blocks; periodic review, monitoring and benchmarking of the performance of air navigation services and network functions. Further provisions in this article specify the responsible bodies, processes and procedures for the operation of the performance scheme.
  • New article 13a - “European Aviation Safety Agency”: When implementing SES regulations Member States and the Commission shall coordinate as appropriate with European Aviation Safety Agency (EASA) to ensure that all safety aspects are properly addressed.

Regulation (EC) No 550/2004 (“the Service provision regulation”) has been amended in order to reinforce the role of NSA, foster the establishment of functional airspace blocks by EU Member States and ensure fair cost allocation to the users of air navigation services. A number of changes have been introduced, some of which concern:

  • Article 2 - “Tasks of national supervisory authorities”: In the case of cross-border provision of air navigation services, EU States shall agree on the mutual recognition of the supervisory tasks entrusted to them by the Regulation. This mutual recognition shall apply also where arrangements for recognition between NSAs are made for the certification process of service providers. Also, arrangements may be concluded for the division of responsibilities regarding supervisory tasks.
  • Article 7 - “Certification of ANSPs”: NSAs shall monitor compliance of ANS providers with the common requirements and with the conditions attached to the certificates. Details of such monitoring shall be included in the annual reports to be submitted by Member States.
  • Article 8 - “Designation of air traffic service providers”: Member States shall ensure that national legal system requirements do not prevent provision of cross-border services on the grounds of requirements related to service providers’ ownership, principle place of operation and facilities’ location.
  • New article 9a - “Functional airspace blocks”: EU Member States shall establish functional airspace blocks (FABs) by 4 December 2012. The FABs shall meet a number of conditions laid down by this article and shall be supported by a safety case. The European Commission shall assess the fulfilment by each FAB of the conditions set out in this article and shall, if one or more FABs do not fulfil the requirements, engage in a dialogue with the Member States concerned with the aim of reaching a consensus on the measures necessary to rectify the situation . The Commission shall, by 4 December 2011, adopt implementing rules regarding the information to be provided by the Member States before establishing and modifying a FAB. Guidance material for the establishment and modification of FABs shall be developed by 4 December 2010.
  • New article 9b - “Functional airspace blocks system coordinator”: The Commission is empowered to designate a natural person as functional airspace blocks system coordinator. At the request of all Member States concerned the Coordinator shall facilitate their negotiation process in order to overcome difficulties and speed up the establishment of FABs. The Coordinator shall act impartially and report to the Commission, to the Single Sky Committee and to the European Parliament every three months after his designation.
  • Article 15 - “Principles (of charging schemes)” includes - inter alia - a provision on the exclusion from the service providers’ cost base of the costs of penalties or of any corrective measures imposed by Member States according to the provisions of the Framework regulation. Cross-subsidy between en-route services and terminal services is not allowed any more. The Commission shall adopt detailed implementing rules for this article.
  • New article 15a - “Common projects”: The Commission may decide to set up common projects for network-related functions which are of particular importance for the improvement of the overall performance of ATM and ANS in Europe. Such common projects shall aim to improve the performance of the European aviation system and may be considered eligible for Community funding.
  • New article 18a - “Review”: By 4 December 2012 the Commission shall evaluate in a study the legal, safety, industrial, economic and social impacts of the application of market principles to the provision of communication, navigation, surveillance and aeronautical information services in Europe.

Regulation (EC) No 551/2004 (“the Airspace regulation”) has been amended in order to improve the freedom of movement within European community airspace, the optimum use of scarce resources and the effectiveness of European air traffic management. A number of changes have been introduced, some of which concern:

  • Article 3 - “European Upper Flight Information Region (EUIR)”: The European Commission shall submit to the European Council a recommendation related to the EUIR establishment at the latest by 4 December 2011. The Commission, in close cooperation with EUROCONTROL, shall coordinate the development of a single aeronautical information publication relating to the EUIR.
  • New article 3a - “Electronic aeronautical publication”: The Commission shall adopt a detailed implementing rule to ensure the development of an electronic integrated briefing portal with Community-wide coverage and unrestricted access to interested stakeholders. That portal shall integrate access to and provision of aeronautical information, air traffic services reporting office (ARO) information, meteorological information, flow management information and other required data elements.
  • Article 4 - “Rules of the air and airspace classification”: The Commission shall adopt implementing rules in order to adopt “rules of the air” based on International Civil Aviation Organisation (ICAO) standards and recommended practices and to harmonise the application of ICAO airspace classification in Europe.
  • Article 5 - “Reconfiguration of the upper airspace” has been deleted. Provisions on the establishment of FABs have been included in the amended Service provision regulation (EC No 550/2004).
  • Article 6 - “Network management and design”: The ATM network functions shall allow optimum use of airspace and shall include design of the European route network and coordination of scarce resources within aviation frequency bands used by general air traffic, in particular radio frequencies and radar transponder codes. Such network functions, including ATFM, may be entrusted to EUROCONTROL, or another impartial and competent body. The Commission may add to the list of network functions after proper consultation of industry stakeholders. It may adopt implementing rules in order to ensure impartial and efficient management and design of European ATM network. The implementing rules for air traffic flow management shall support operational decisions by ANSPs, airport operators and airspace users, and shall cover flight planning, use of routings and available airspace capacity during all phases of flight, including slot assignment.

Regulation (EC) No 552/2004 (“the Interoperability regulation”) has been amended in order to ensure the progressive implementation of the ATM Master Plan and to avoid unnecessary administrative burden and overlapping verification procedures used to establish the compliance with the essential requirements of the Interoperability regulation. A number of changes have been introduced, some of which concern:

  • New article 6a - “Alternative verification of compliance”: Certificates issued in accordance with Regulation (EC) No 216/2008 establishing the EASA as amended by Regulation (EC) No 1108/2009 should be accepted as alternative conformity or verification means, where they apply to constituents or systems.
  • Annex II: Requirements are introduced to a number of paragraphs in order to ensure that surveillance, communication and flight data processing systems are able to accommodate the progressive implementation of advanced, agreed and validated concepts of operation for all phases of flight, in particular as envisaged in the ATM Master Plan.

Entry Into Force

This Regulation entered into force on 4th December 2009.

Article 6(2) and (6) of Regulation (EC) No 551/2004, as amended by this Regulation, apply from the date specified in their respective implementing rules but no later than 4 December 2012.

This Regulation is binding in its entirety and directly applicable in all EU Member States.

Regulation (EC) No 1070/2009 amending SES basic regulations in order to improve the performance and sustainability of the European aviation system (OJ, 14.11.2009)

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