REGULATION (EU) 2024/2803 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 23 October 2024 on the implementation of the Single European Sky - text published in the Official Journal of the European Union

Objective

To lay down rules for the creation and effective functioning of the Single European Sky in order to:

• reinforce air traffic safety standards
• contribute to the sustainable development of the air transport system 
• improve the overall performance of air traffic management and air navigation services for general air traffic in Europe, with a view to meeting the requirements of all airspace users.

Summary

This Regulation comprises the following parts:

• Chapter 1. General provisions. This part elaborates on the purpose of this Regulation and contains a list of 67 definitions. It also contains a provision regarding the operation of FABs covering in particular the submission of joint performance plans.
• Chapter 2. National supervisory authorities. This part contains provisions on the establishment and the functions of national supervisory authorities. 
• Chapter 3. Service provision. This part contains:
  • Provisions on the designation of ATS and MET (meteorology services) providers.
  • Conditions regarding the provision of CNS (communications, navigation and surveillance), AIS, ADS, MET and of ATS for approach and aerodrome control.
  • Provisions on common information services (CIS). These are related to the dissemination of information related to U-space services.
  • Procedures related to the establishment and functioning of the Performance Review Board (PRB). The role of the PRB is be to assist the Commission to carry out the tasks related to the performance and charging schemes. 
  • Provisions on the performance scheme, performance plans, performance targets and charging schemes.
• Chapter 4. Network management. This part contains provisions regarding the network functions and the Network Manager.
• Chapter 5. Airspace, interoperability and technological innovation. This part includes provisions on:
  • Electronic aeronautical information
  • Airspace classification
  • Flexible use of airspace
  • SESAR coordination
  • Common projects
• Chapter 6. Final provisions. This part contains provisions on:
  • The Single Sky Committee (the Committee)
  • Consultation of stakeholders
  • Relations with third countries (mainly in the EUROCONTROL area and the EUR region)
  • Support by other bodies (e.g. EUROCONTROL)
  • Confidentiality
  • Penalties imposed by Member States for infringement of this Regulation and its implementing acts
  • Evaluation of the impact of this Regulation
  • Safeguards, i.e. measures by a Member State that are needed to safeguard essential security or defense policy interests
• Annexes. These provide a clear view of the relationship between this Regulation and other Regulations.
  • Annex I contains a list of repealed Regulations with the amendment thereto
  • Annex II contains a correlation table between the provisions of this Regulation and the provisions of Regulations 549/2004, 550/2004 and 551/2004

Amendment to Regulation 2018/1139

This Regulation amends Regulation 2018/1139. The most notable changes are:

• Replaced references to Regulations 549/2004, 550/2004 and 551/2004 with references to this Regulation.
• A provision for imposing additional conditions to the certificates of ATM/ANS providers. These conditions must be objectively justified, non-discriminatory, proportionate and transparent. 
• A provision to the effect that, for the purpose of performing their tasks of certification, oversight and enforcement, the competent authorities must rely on the assessments made by the national supervisory authority.
• Provisions for air traffic data services in Annex VIII (essential requirements for ATM/ANS and air traffic controllers). The data must be of sufficient quality, integrity and be disseminated in a timely and reliable manner.
• Provisions in Annex VIII regarding the financial robustness and appropriate liability and insurance cover of ATM/ANS providers. Also, the organizational structure must prevent conflicts of interest and ensure non-discriminatory service provision.

Entry into Force

This Regulation entered into force in December 2024. However, certain provisions are applicable six months after regulation entry into force and some provisions are applicable two years after that.

This Regulation repeals:

• Regulation 549/2004. However, certain provisions continue to apply until various dates (02.06.2025, 02.12.2026 or the end of the fourth reference period (2029)).
• Regulation 550/2004. However, certain provisions continue to apply until various dates (02.12.2026 or the end of the fourth reference period (2029)).
• Regulation 551/2004.

While not explicitly stated in this Regulation, Regulation 1070/2009 is also repealed (the latter Regulation repeals the amendments to Regulations 549, 550 and 551, while Regulation 552/2004 was repealed by Regulation 2018/1139).

Regulation 2024/2803 Implementation of SES (OJ, 11.11.2024)

Further  Reading

European Parliament

• EUR-Lex Portal: Regulation 2024/2803 (available in different languages and file formats)