COMMON POSITION (EC) No 30/2003adopted by the Council on 18 March 2003with a view to adopting Regulation (EC) No . . ./2003 of the European Parliament and of theCouncil of . . . on the organisation and use of the airspace in the single European Sky (theairspace Regulation)
(2003/C 129 E/02)
(Text with EEA relevance)
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THEEUROPEAN UNION,
Having regard to the Treaty establishing the EuropeanCommunity, and in particular Article 80(2) thereof,Having regard to the proposal from the Commission (
),Having regard to the Opinion of the European Economic andSocial Committee (
),Having regard to the Opinion of the Committee of theRegions (
),Acting in accordance with the procedure laid down in Article251 of the Treaty (
The creation of the Single European Sky requires aharmonised approach for regulation of the organisationand the use of airspace.
The report of the High Level Group on the SingleEuropean Sky in November 2000 has confirmed theneed for rules at Community level to design, regulateand manage airspace on a European basis and enhanceair traffic flow management.
The Communication of the Commission on the creation of the Single European Sky of 30 November 2001 calls forstructural reform to permit the creation of the SingleEuropean Sky by way of a more integrated managementof airspace and the development of new concepts andprocedures of air traffic management.
Regulation (EC) No . . ./2003 (
) of the EuropeanParliament and of the Council of . . . lays down theframework for the creation of the Single European Sky (‘the framework Regulation’).
In Article 1 of the 1944 Chicago Convention on CivilAviation, the Contracting States recognise that ‘every State has complete and exclusive sovereignty over theairspace above its territory’. It is within the frameworkof such sovereignty that the Member States of theCommunity, subject to applicable internationalconventions, exercise the powers of a public authority when controlling air traffic.
Airspace is a resource that needs to be used flexibly by allusers, ensuring fairness and transparency whilst taking intoaccount security and defence needs of Member States andtheir commitments within international organisations.
Efficient airspace management is fundamental toincreasing the capacity of the air traffic services system,to providing the optimum response to various userrequirements and to achieving the most flexible use of airspace.
The activities of Eurocontrol confirm that the routenetwork and airspace structure cannot realistically bedeveloped in isolation, as each individual Member Stateis an integral element of the European Air TrafficManagement Network (‘EATMN’), both inside and outsidethe Community.
A more integrated operating airspace should be establishedfor en-route general air traffic in the upper airspace; theinterface between upper and lower airspace should beidentified accordingly.
A European Upper Flight Information Region (‘EUIR’)encompassing the upper airspace under the responsibility of the Member States within the scope of this Regulationshould facilitate common planning and aeronauticalinformation publication in order to overcome regionalbottlenecks.
Airspace users face disparate conditions of access to, andfreedom of movement within, the Community airspace.This is due to the lack of harmonisation in the classifi-cation of airspace.
The reconfiguration of airspace should be based on oper-ational requirements regardless of existing boundaries.
It is essential to achieve a common, harmonised airspacestructure in terms of routes and sectors, to base thepresent and future organisation of airspace on commonprinciples, and to design and manage airspace inaccordance with harmonised rules.
3.6.2003 Official Journal of the European Union C 129 E/11
) OJ C 103 E, 30.4.2002, p. 35.(
) OJ C 241, 7.10.2002, p. 24.(
) OJ C 278, 14.11.2002, p. 13.(
) Opinion of the European Parliament of 3 September 2002 (not yetpublished in the Official Journal), Council Common Position of 18 March 2003 and Decision of the European Parliament of . . .(not yet published in the Official Journal).(
) See page 1 of this Official Journal.