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7.2.7 Access to and protection of data
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|This page displays officially adopted European Commission Guidance Material for the Establishment and Modification of Functional Airspace Blocks (FAB), edition 2.0 of 08 December 2011, following the positive opinion (about Version 1.0) of the Single Sky Committee in its 38th session on 3 December 2010 and additional review processes by the FFPG and SSC (of intermediate Version 1.2) in August and November 2011. See the disclaimer agreed by the Single Sky Committee regarding the non-binding and evolving nature of the Guidance Material and its initial use.|
7.2.7 Access to and protection of data
|Category:||FAB State Agreement|
|Content source:||European Commission|
Article 13 of Regulation (EC) No 550/2004;
Recital (17) of Regulation (EC) No 2150/2005 (FUA-IR).
Other Requirement (Mandatory)
In so far as GAT is concerned, relevant operational data shall be exchanged in real-time between all ANSPs, airspace users and airports, to facilitate their operational needs. The data is to be used only for operational purposes.
Access to relevant operational data shall be granted to the appropriate authorities, certified ANSPs, airspace users and airports on a non-discriminatory basis.
Certified service providers, airspace users and airports shall establish standard conditions of access to their relevant operational data other than those referred to in paragraph 1. NSAs shall approve such standard conditions.
Explanatory material (e.g. scope, context, key or relevant issues to be considered etc)
In so far as GAT is concerned, all ANSPs in the FAB should verify that their working arrangements, including those concluded with other ANSPs in the frame of Article 10, allow for real-time exchange of relevant operational data between all ANSPs, airspace users and airports, to facilitate their operational needs. The data is to be used only for operational purposes.
All ANSPs and NSAs in a FAB should verify that access to relevant operational data is granted to the appropriate authorities, certified ANSPs, airspace users and airports on a non-discriminatory basis.
The certified service providers, airspace users and airports within a FAB should establish and submit to their responsible NSAs standard conditions of access to their relevant operational data others than those referred to in paragraph 1 of Article 13 SPR. The NSAs must approve such standard conditions before they are made effective.
With a view to harmonising the standard conditions and procedures for access to and protection of data in the FAB, the Member States and NSAs concerned may opt to agree on specific FAB arrangements to this purpose, that may require changes/ amendments to the previous arrangements at national levels. The FAB States and their NSAs may opt to develop specific rules and procedures for access to and protection of data as part of a FAB security governance mechanism. To this purpose, the FAB States may opt to establish common standard conditions or a policy for harmonising those conditions, and a joint or coordinated approval mechanism by the NSAs.
Consultation of stakeholders in accordance with Article 10 FR may be of particular relevance in the context of this requirement. There are no implementing rules or specifications adopted yet relating to the conditions in paragraph 3 of Article 13 SPR.
FAB Stakeholder(s) concerned
Depending on their national law and on their strategy/ objectives for the FAB, Member States and their stakeholders participating in a FAB, particularly the ANSPs, can opt for any partnership arrangements in relation to these requirements. It is assumed that setting-up collaborative arrangements among the ANSPs, in consultation and coordination with relevant airspace users and airports, may facilitate the development/ documenting of common or harmonised standard conditions at FAB level as regards access to the relevant operational data as referred to in paragraph 1 of Article 1 SPR, and also as regards access to other relevant operational data (other than referred to in paragraph 1 of Article 1 SPR, standard conditions which would further require approval by the responsible NSA(s)).
Necessary and/or optional partnership arrangements, estimated feasibility and value-added
To be addressed by the FAB States and their stakeholders on a case-by-case basis.
Impacts or implications of arrangements, e.g. on FAB operations, stakeholders, performance, flexibility etc
It is assumed that the development of documented common or harmonised standard conditions at FAB level in relation to the requirements laid down in Article 13 550/2004 would sensibly support and facilitate the ANSPs, airspace users and airports’ operational needs, ensuring also and possibly improving the quality and security of the data/ information exchanged.
Recommended actions and supporting evidences
Reference material for implementation