SWD(2018)0062

SWD(2018)0063

In accordance with Regulation (EC) No 549/2004, the Commission presented this report on the implementation and progress of the Single European Sky (SES) during the 2012-2014 period.

Since the launch of the SES initiative in 2000, two packages of legislation have been adopted and almost fully implemented . They aim to reduce the fragmentation of European airspace and increase capacity by introducing additional rules on safety, airspace management, cost transparency and interoperability. The legislation adopted in 2009 by the Council and European Parliament ( SESII ), which is intended to accelerate the implementation of a truly Single Sky from 2012 onwards, is now being implemented and its results can therefore be measured.

(1) Achievements relating to performance : for the first reference period of the SES performance scheme ( RP1 – 2012-2014 ), the main findings are as follows:

- Security : there have been no fatal accidents in which ATM was a contributing factor since 2011. The number of serious incidents has been falling since 2010 and marked improvements have been made in safety management. However, the ATM system is not very transparent because targets are restricted to processes and do not measure safety performance as incidents are not automatically reported.

- Environment : horizontal en-route flight efficiency (shorter routes) improved slightly in 2013 (5.11 %) but did not meet the target (4.92%). In 2014, flight efficiency stood at 4.9 %, falling short of the target of 4.67 % for the first reference period. Airspace users (airlines) sometimes preferred to fly the cheapest routes (in terms of charging zones) rather that the shortest. The Single European Sky has positively impacted ATM over the past years from an environmental perspective. This was mainly the result of the SESAR project. In fact, SESAR technology and operational improvements enables more direct flight paths and smooth descent and climbing. In this context, a major operational achievement was the start of the implementation of free routing in upper airspace allowing more direct routes, cost saving and reduction in CO2 emissions.

- Capacity : good progress has been made in reducing capacity delays. In 2012 and 2013, the EU-wide target was met. In 2013, en route air traffic flow management (AFTM) delays decreased by 15 % compared with 2012, as traffic volumes fell by 1.3 %. By contrast, the ATM sector failed to achieve the network target of reducing delays to 0.5 minutes per flight in 2014.

- Cost-efficiency : air navigation service providers (ANSPs) were able to reduce their cost bases because of lower-than-planned traffic volumes. Actual costs were each year between -3.4% and -5.9% lower than planned costs (or determined costs). As a result of lower air traffic levels, the actual en-route unit costs were 0.4% higher than EU-wide target for 2014. The fact that performance targets were not met in 2014 despite lower than planned traffic indicates that more work needs to be done in the second reference period (RP2 – 2015-2019).

- Sector fragmentation : the European ATM sector remains fragmented and the costs of its services are comparatively high. The unit cost of air navigation services is particularly high, with users pay around EUR 10.5 billion annually (in user charges, delay costs and flight inefficiencies) .

- A strengthened network : the report noted that the network manager function has developed from a theoretical concept into a successful entity recognised by stakeholders that brings tangible daily performance benefits to the EU network and to neighbouring countries. The network manager contributed directly to curb en route delays below the target level in the capacity plans declared by EU Member States. Coordination at network level reduced the effects of unexpected events, such as a series of strikes in 2013 and 2014 in some Member States, especially in France.

- Functional airspace blocks (FABs) : the nine FABs, which had to be established by 4 December 2012, have now been established. However, the FAB operational objectives have not been achieved regarding the optimisation of airspace and resources , which in turn generates inefficiencies in the entire European air traffic management system and extra costs of close to €5 billion a year . Infringement proceedings have been initiated against 23 Member States.

(2) Social conditions and employment : these conditions have been improving for air transport sector employees over the last years, including for ATM. However industrial action continues to take place in the ATM sector, in particular in France, while in other countries the social peace has been constantly guaranteed through a constructive employer-employee dialogue.

(3) Institutional and regulatory developments :

several SES-related bodies have been set up since 2011 and are operating successfully. In 2014, the designation of the Performance Review Body (PRB) has been extended in time; Eurocontrol has been appointed Network Manager until 2019 and has performed the network functions and coordinated the response to crisis situations; for the technical pillar of the SES, the SESAR Joint Undertaking was created in 2007 to ensure the modernisation of the European ATM system by coordinating and concentrating all relevant research and development efforts in the EU. With regard to the deployment phase, the SESAR Deployment Manager was appointed by the Commission in 2014; the SESII package extended the competencies of European Aviation Safety Agency (EASA) to include ATM and aerodromes; the European Defence Agency’s (EDA) Steering Board asked EDA to facilitate the coordination of military views on SES and SESAR deployment; the Commission launched initiatives such as the Communication on "opening the aviation market to civil use" setting out a series of concrete measures, including the possibility of adopting a European regulatory framework covering all relevant areas to make the operation of Remotely-piloted aircraft systems (RPAS) safe and secure.

(4) SES vision and future challenges : the Commission aims to:

support the development of the European aviation industry by increasing its competitiveness, maintaining high standards and investing in innovation . Technology is likely to be the main driver in the development of the SES over the next two decades. Industry should play a more effective role in the deployment of network-focused solutions, and common and virtual services; consider the global dimension of ATM in order to optimise the performance of aircraft operations; strengthen social dialogue which will be essential for ensuring efficient change management affecting human resources within the ATM sector, limiting industrial action; ensure regulatory stability , meaning consistent and timely implementation of EU regulations, and effective regulatory market intervention if monopolistic conditions persist among ANSPs.

As regards the immediate next steps, action in the years 2015-2019 should focus on:

fully implementing SESII successfully and, starting to implement SESII+ once adopted; continued investment in the SESAR project will help to bring about major improvements in the way the ATM system works in Europe. All stakeholders must continue to contribute to meeting targets relating to the key performance indicators (safety, cost-efficiency, capacity and environmental sustainability); tackling new and existing challenges relating to: (i) looming airport capacity crunch, (ii) the integration of RPAS into non-segregated airspace and (iii) the resilience of the ATM sector to cyber-attacks.

COM(2015)0663
EUR-Lex

The Commission presents a report on the implementation of the Single Sky legislation, which provides an overview of the state of play of the application of the Single European Sky legislation and of key actions taken or still to be taken since the approval of the second package in November 2009.

It recalls that following the launch of the Single European Sky (SES) initiative in 2000, Regulation (EC) No 549/2004 brought Air Traffic Management (ATM) under EU competence with the aim of reducing the fragmentation of the European airspace and increasing its capacity. There is now an evolving institutional framework, safety and interoperability standards and rules on airspace and air traffic flow management as well as improved cost transparency. But while the first legislative framework was necessary, it was not sufficient, and accordingly, a second package of legislation (SES II) was adopted in November 2009 with the objective of accelerating the establishment of a truly single SES from 2012 onwards. It is based on five pillars: performance, safety, technology, airports and the human factor. The second package has received strong and vocal support not only from the airlines and airports but also even from the air navigation service providers (ANSPs). The support of the whole ATM community was reaffirmed at the Council of Ministers of 4 May 2010 and this strong political support confirms the urgency of the need for reform of the ATM sector and in particular the high level of priority to be given to the full and timely implementation and delivery of SES.

Implementation of the First Package : considering the volume of implementing measures, it should be stressed that Member States and the stakeholders have done significant work. In particular:

· all Member States have now established a National Supervisory Authority (NSA);

· the vast majority of the ANSPs have been certified and duly designated;

· a transparent charging system has been implemented;

· oversight of the airspace management and air traffic flow management takes place at national level; and

· the Single Sky Committee and the Industry Consultation Body play full and important roles at EU level.

Nevertheless more is required to achieve full and timely compliance with SES legislation. For example, 60 recommendations were given by Eurocontrol relating to concrete actions that Member States should take either to improve their level of compliance or their checks on the level of compliance by ANSPs. In particular:

· the lack of resources for NSAs is a major issue of concern that must be addressed at national political level swiftly. The proper functioning of the SES can only be assured if the NSAs have the right resources for effective oversight in all areas including safety, interoperability and performance (a new area of competence where NSAs act as national regulator). Possible solutions to these problems are well known and include cooperation, delegation and/or outsourcing;

· insufficient steps have been taken at Member State and NSA level to ensure proper supervision of cross-border air navigation service provision . The framework for the provision and supervision of cross-border services is not yet properly established in a number of Member States. Numerous cross-border arrangements seem to be known only at operational level but not yet formalised at institutional level. Member States must ensure that the legal basis for the cross-border provision of ANS in their sovereign territory is correctly established and enforced, and;

· Regulation (EC) No 552/2004 (the Interoperability Regulation) has been poorly observed. Seven years after the adoption of the basic regulation, approximately a third of the NSAs have not properly verified the capability of the ANSPs to conduct conformity assessment activities – which are the corner stone of the implementation of interoperable ATM systems. Similarly, around a third of the NSAs are not exercising the required oversight to ensure the compliance of the ANSPs with the implementing rules and are not sufficiently active in verifying the timelines of the ANSPs' implementation plans against the required deadlines;

· although progress has been made by Member States in the implementation of Flexible Use of Airspace, more needs to be done to improve its effectiveness, especially in relation to its performance monitoring.

The Commission has insisted on full compliance with EU law keeping in mind that the implementation of the SES first package is required for the successful implementation of the SES second package. Where non-compliance is confirmed and not rectified in due time, the Commission will consider all options at its disposal, including the opening of infringement procedures.

Implementation of the Second Package : the basic SES II architecture (both the rule-making programme and organisational aspects) has been set up according to the initial time schedule. The regulations and subsequent main implementing measures directly related to SES II have all been adopted. The time for implementation has come. The successful delivery of the SES relies on the timely implementation of its different components. Priority should be given to actions that will make the biggest contribution to performance:

in particular the performance scheme (starting early in 2012); the FABs (to be operational by end 2012), the network functions (already in place) and the deployment of the SESAR programme (to start in 2014).

2012 is a pivotal year for implementation of the SES. A table providing an overview of the state of play of key priorities in the second package of SES is attached.

If the level of progress achieved so far in the implementation of the first package falls short of initial expectations, the simultaneous implementation of key measures of the second package will start in 2012 and should deliver significant benefits swiftly. Member States are invited to confirm their commitments and to take action across the board to make this process a success. In particular, the Union needs to establish an integrated European air traffic management system, a true network with a single governance structure and a stronger regulatory and oversight capability. Additional measures may well need to be developed, such as the extension of the performance scheme to airports in accordance with a true gate-to-gate approach and the management of investments to ensure the contribution of SESAR deployment to the performance of the SES as a network. Impact assessment will be carried out where appropriate.

COM(2011)0731
EUR-Lex

Provisions set out in the Framework Regulation of the Single European Sky (SES) initiative, require the Commission to review the application of the Single Sky legislation and report periodically to the European Parliament and the Council on the implementation thereof. This Communication constitutes the Commission’s first such report. In addition to summarising progress on implementation thus far, the Commission also sets out its views on the future development of the Single Sky. It also sets out recommendations made by the second High Level Group to look at a future European Aviation Regulatory Framework.

To recall, the legislative package setting up the Single Sky initiative is made up of four Regulations. They are:

i) The Framework Regulation: laying down the framework for the creation of the Single European sky;

ii) The Service Provisions’ Regulation: laying down common requirements for the provision of air navigation services;

iii) The Airspace Regulation: on the organisation and use of airspace in the Single European sky; and

iv) The Interoperability Regulation: on the interoperability of the European Air Traffic Management network.

The need for a Community role in Air Traffic Management (ATM):

Currently, ATM in Europe, is characterised by a high degree of fragmentation, resulting in significant additional cost for airspace users and adds unnecessary flight lengths. It also prevents the ATM industry from developing the economics of scale it needs in order to expand. Radical action is therefore needed. The projected growth of air traffic demands a structural and technological modernisation of which the whole European ATM sector must be a part. The dynamics of this process, coupled with the continued growth in air traffic, will maintain ATM as a large and attractive employer.

An assessment of the Single European Sky (SES):

Since the adoption of the Single European Sky a number of achievements have been recorded. Some areas, however, are still in the process of being developed.

The achievements listed include:

establishing a legal and institutional framework for the SES; separating air navigation services provision from regulation through the setting up of National Supervisory Authorities (NSAs); progress on safety issues; harmonising the licensing of controllers; subjecting air navigation service charges to full transparency; adopting legislation on the flexible use of airspace to improve access to military airspace and airspace classification in the upper airspace; speeding up technological innovation through SESAR; and establishing an effective interoperability mechanism in order to adopt implementing rules and to develop Community specification concerning technical system and their operational use.

Those areas still in development include:

setting up a peer review of the National Supervisory Authorities; setting up a Performance review of the Air Navigation Service Providers; reviewing the Common Charging Scheme Regulation; the establishment of a European Upper Flight Information Region (EUIR) (Airspace design); and the establishment of Functional Airspace Blocks (FAB).

Insufficient progress has been made in certain key areas including:

the FAB approach, which is not producing the expected benefits in terms of flight efficiency and cost reduction; little progress has been noted in the overall efficiency of the design and use of the European route structure, resulting in no improvement to flight efficiency and the environmental impact.

A number of new challenges have also been identified including:

The environment: The current single sky legislation makes virtually no mention of the impact that ATM may have on the environment. Delays: The number of delays in Europe is currently low and despite record traffic in recent years has remain low. However, the delay problem will resurface. Economics: Fuel costs have increased enormously meaning that economic inefficiency and flight inefficiency will become the major force for change in the coming years.

Based on the above analysis future attention will be given to introduce:

a performance driven approach; improved management of scarce resources such as: runways, airspace and frequency spectrum. This is to be achieved by setting up a “European” architecture to these challenges and in a bit to gain further efficiencies; a performance drive approach to reduce fragmentation and increase system efficiency and to seek a political commitment from the Member States to the creation of FABs; to support SESAR; and to introduce a clear regulatory environment.

To conclude the report, the Commission notes that air transport is confronted with significant challenges. Surmounting these challenges will only be possible if industry, the Member States, the military, third countries and the social partners address them collectively. The Commission is committed to playing its full role in this process. On the basis of this review, and in line with the conclusions of the Performance Review Commission and the HLG, the Commission will come forward, in the second quarter of 2008 with concrete proposals for a second Single Sky package, the extension of EASA responsibilities and the SESAR Master Plan.

COM(2007)0845
EUR-Lex

32006R1032
OJ L 186 07.07.2006, p. 0027-0045

Regulation 2004/549
OJ L 096 31.03.2004, p. 0001-0008

T5-0041/2004
OJ C 096 21.04.2004, p. 0019-0100 E

T5-0041/2004

Debate in Parliament

3690/2003

3690/2003

A5-0010/2004

A5-0010/2004

COM(2003)0514
EUR-Lex

T5-0324/2003
OJ C 074 24.03.2004, p. 0666-0752 E

T5-0324/2003

Debate in Parliament

A5-0219/2003

A5-0219/2003

SEC(2003)0363
EUR-Lex

15851/3/2002
OJ C 129 03.06.2003, p. 0001-0010 E

15851/3/2002

07251/2003

COM(2002)0658
EUR-Lex

COM(2002)0658
EUR-Lex

2452

T5-0391/2002
OJ C 272 13.11.2003, p. 0030-0296 E

Debate in Parliament

T5-0391/2002

CES0839/2002
OJ C 241 07.10.2002, p. 0024

A5-0258/2002

A5-0258/2002

2438

CDR0004/2002
OJ C 278 14.11.2002, p. 0013

2420

EUR-Lex
OJ C 362 18.12.2001, p. 0251 E
COM(2001)0123

EUR-Lex
COM(2001)0123