| Published date | 24 December 2005 |
| Official Gazette Publication | Gazzetta ufficiale dell’Unione europea, L 342, 24 dicembre 2005,Diario Oficial de la Unión Europea, L 342, 24 de diciembre de 2005,Journal officiel de l’Union européenne, L 342, 24 décembre 2005 |
L_2005342EN.01002001.xml
| 24.12.2005 | EN | Official Journal of the European Union | L 342/20 |
COMMISSION REGULATION (EC) No 2150/2005
of 23 December 2005
laying down common rules for the flexible use of airspace
(Text with EEA relevance)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Regulation (EC) No 551/2004 of the European Parliament and of the Council of 10 March 2004 on the organisation and use of airspace in the single European sky (1) and in particular Article 7(3) thereof,
Having regard to Regulation (EC) No 549/2004 of the European Parliament and the Council of 10 March 2004 laying down the framework for the creation of the single European sky (the framework Regulation) (2), and in particular Article 8(2) thereof,
Whereas:
| (1) | Flexible use of airspace is an airspace management concept described by the International Civil Aviation Organisation (ICAO) and developed by the European Organisation for the Safety of Aviation (Eurocontrol), according to which airspace should not be designated as either purely civil or purely military airspace, but should rather be considered as one continuum in which all users’ requirements have to be accommodated to the maximum extent possible. |
| (2) | Eurocontrol has been mandated in accordance with Article 8(1) of Regulation (EC) No 549/2004 to assist the Commission in the development of implementing rules on flexible use of airspace. This Regulation takes full account of the resulting mandate report of 30 December 2004 issued by Eurocontrol. |
| (3) | This Regulation does not cover military operations and training as referred to in Article 1(2) of Regulation (EC) No 549/2004. |
| (4) | The Member States undertook, in a Statement on Military Issues related to the Single European Sky (3), to cooperate with each other, taking into account national military requirements, in order to ensure that the concept of flexible use of airspace is fully and uniformly applied in all Member States by all users of airspace. |
| (5) | The report issued jointly by the Eurocontrol Performance Review Unit and the Eurocontrol agency in October 2001 states that there is a significant scope for improving the current application of the flexible use of airspace within Europe. Common rules for giving effect to that improvement should now be adopted. |
| (6) | The of the flexible use of airspace concept covers also airspace over the high seas. Its application should therefore be without prejudice to the rights and duties of Member States under the Convention on International Civil Aviation (Chicago Convention) of 7 December 1944 and its annexes, or to the 1982 UN Convention on the Law of the Sea. |
| (7) | There are activities which require the reservation of a volume of airspace for their exclusive or specific use for determined periods, owing to the characteristics of their flight profile or their hazardous attributes and the need to ensure effective and safe separation from non-participating air traffic. |
| (8) | Effective and harmonised application of flexible use of airspace throughout the Community needs clear and consistent rules for civil-military coordination which should take into account all users’ requirements and the nature of their various activities. |
| (9) | Efficient civil-military coordination procedures should rely on rules and standards to ensure efficient use of airspace by all users. |
| (10) | It is essential to further cooperation between neighbouring Member States and to take into account cross-border operations when applying the concept of flexible use of airspace. |
| (11) | Differences in the organisation of civil-military cooperation in the Community restrict uniform and timely airspace management. It is therefore essential to identify the persons and/or organisations which are responsible for the application of the flexible use of airspace concept in every Member State. This information should be made available to the Member States. |
| (12) | Consistent procedures for civil-military coordination and use of common airspace are an essential condition for the establishment of functional airspace blocks as defined in Regulation (EC) No 549/2004. |
| (13) | The flexible use of airspace addresses airspace management at strategic, pre-tactical and tactical levels, which are separate, but closely interdependent management functions and therefore need to be performed coherently to ensure efficient use of airspace. |
| (14) | Air-traffic management programmes under development in European level cooperation should allow for the progressive achievement of consistency between airspace management, air traffic flow management and air traffic services. |
| (15) | Where various aviation activities occur in the same airspace but meet different requirements, their coordination should seek both the safe conduct of flights and the optimum use of available airspace. |
| (16) | Accuracy of information on airspace status and on specific air traffic situations and timely distribution of this information to civil and military controllers has a direct impact on the safety and efficiency of operations. |
| (17) | Timely access to up-to-date information on airspace status is essential for all parties wishing to take advantage of airspace structures made available when filing or re-filing their flight plans. |
| (18) | The regular assessment of airspace use is an important way of increasing confidence between civil and military service providers and users and is an essential tool for improving airspace design and airspace management. |
| (19) | The annual report on application of the flexible use of airspace, as referred to in Article 7(2) of Regulation (EC) No 551/2004, should contain relevant information, gathered in the light of the original objectives and with the sole view of better accommodating users’ requirements. |
| (20) | A transitional period to meet requirements for coordination between civil air traffic services units and military air traffic services units and/or controlling military units should be provided. |
HAS ADOPTED THIS REGULATION:
Article 1
Subject-matter
This Regulation reinforces and harmonises the application, within the Single European Sky, of the concept of the flexible use of airspace as defined in Article 2 point (22) of Regulation (EC) No 549/2004, in order to facilitate airspace management and air traffic management within the limits of the common transport policy.
In particular, this Regulation sets out rules to ensure better cooperation between civil and military entities responsible for air traffic management that operate in the airspace under the responsibility of Member States.
Article 2
Definitions
1. For the purpose of this Regulation the...
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