Report on the SES Legislation Implementation
Total Page：16
File Type：pdf, Size：1020Kb
Report on the SES Legislation Implementation Produced by EUROCONTROL upon request of the European Commission DG-MOVE Reporting period January/10 - December/10 European Commission EUROCONTROL Report on the SES Legislation Implementation for the period January/2010 – December/2010 i DOCUMENT IDENTIFICATION SHEET TITLE Report on the SES Legislation Implementation (Reporting period January/10 - December/10) Produced by EUROCONTROL upon request of the European Commission DG-MOVE Publications Reference: Edition Number: Edition Date: 11/06/07-24 1.2 25 August 2011 Abstract This report aims to provide a comprehensive overview of the factual situation of the actions undertaken to implement the SES legislation. It is based on the consolidation of information reported by the States in their respective State Annual reports and FUA reports submitted through the LSSIP Documents, and contains appropriate conclusions and recommendations. Keywords SES Report FUA Annual LSSIP Regulation Legislation Authors Contact(s) Person Tel Unit Oscar ALFARO DSS/EIPR Stefania NIKOLOVA-TSANKOVA DSS/REG/CAA Danny DEBALS DSS/EIPR STATUS, AUDIENCE AND ACCESSIBILITY Status Intended for Accessible via Working Draft General Public Intranet Draft EATM Stakeholders Extranet Proposed Issue Restricted Audience Internet (www.eurocontrol.int) (European Commission) Released Issue Report on the SES Legislation Implementation for the period January/2010 – December/2010 iii DOCUMENT CHANGE RECORD The following table records the complete history of the successive editions of the present document. EDITION EDITION REASON FOR CHANGE PAGES AFFECTED NUMBER DATE 1.0 1 June 2011 Original Document All Danube FAB project assigned to incorrect phase. 93, 95 ‘Feasibility’ replaced by ‘Definition’ Text of REC-2010-16 “…clarify the designation 4, 39, Annexes-2 process as applied in Germany.” replaced by “…ensure all CARs are correctly reported.” ‘Latvia’ replaced by ‘Lithuania’ in text of 9, 81 & Annexes- Recommendation REC-2010-56 4 Sweden added to applicability list of REC-2010-31 6, 55, Annexes-3 ISO code for Slovenia corrected from ‘SL’ to ‘SI’ in 3, 28, 86, REC-2010-4 and 2nd para. of Section 10.2.7 Annexes-1 ISO code for the Czech Republic corrected from ‘CR’ 4, 45, Annexes-2 to ‘CZ’ in REC-2010-19 ISO code for Poland corrected from ‘PO’ to ‘PL’ in 9, 82, Annexes-4 REC-2010-59 1.1 27 June 2011 ISO code for Austria corrected from ‘AU’ to ‘AT’ in 2nd 89 para. of Section 11.3 Recommendations REC-2010-4, 9 & 31 addressed to 3, 6, 28, 31, 55, individual Spanish NSAs Annexes-1, 3 Amount of States that did not verify compliance on 78 IFPL is “six”, not “seven” Improved explanation on application of the Regulation 89 for countries where all airports have fewer than 50,000 CATM per year “CY” removed from the list of 14 States which have 100 yet to establish procedures for handling critical events Amount of States that reported that the AMC is not a 106 joint civil/military cell is “four”, not “five” Editorial corrections Various 1.2 25 August Sweden removed from applicability list of REC-2010- 4, 36, Annexes-1 2011 14 and related text REC-2010-21 slightly re-worded 5, 46, Annexes-2 Cross-Border section and related recommendations in 4, 37 to 46, Executive Summary and Annex 1 corrected Annexes-2 Text “No information was provided for the two AFIS 63 providers” removed from 3rd bullet of text related to REC-2010-38 Report on the SES Legislation Implementation for the period January/2010 – December/2010 iv List of NSAs not having received DoVs for three 72 consecutive years corrected Latvia added to applicability list of REC-2010-47 and 9, 75, 76, related text Annexes-4 Sweden removed from applicability list of REC-2010- 9, 75, 76, 48 and related text and added to applicability list of Annexes-4 REC-2010-46 and related text Belgium, Cyprus and Czech Republic removed from 9, 76, Annexes-4 applicability list of REC-2010-49 and related text Czech Republic and Norway removed from 9, 81, 82, applicability list of REC-2010-57 and related text. Annexes-4 Hungary and Malta added. Slovak Republic added to applicability list of REC- 13, 110, 2010-76 and related text Annexes-5 Report on the SES Legislation Implementation for the period January/2010 – December/2010 1/117 FOREWORD This is the third SES Legislation Implementation Report produced by EUROCONTROL for the European Commission and made public for the use of the whole ATM community. The sound and transparent process for the collection and analysis of the SES and FUA annual reports has brought a significant improvement in the amount and the quality of the provided data. In this third year the accrued information already allows identifying evolution trends and common issues shared throughout the reporting States. As the regulatory framework has already been put in place, the Report does not aim to recommend additional regulation but it does call for more concerted actions from stakeholders in order to achieve of harmonisation of the interpretation as well as implementation of the existing obligations. While it may contain individual recommendations for corrective actions the Report aims to mark systemic problems recommending collective actions to be taken at EU or FAB or inter- FAB levels. This reporting period covers one of the most dynamic years in ATM since in 2004 the European Union gained competence in ATM/ANS area. With the amendment to the four basic SES Regulations and the EASA Basic Regulation a new legal and institutional framework has been put in place and will be gradually implemented in the next few years. The first decisive milestone of the SES performance scheme - the submission of the performance plans for the first reference period is due at the end of June 2011. EASA has started exercising its competence in ATM/ANS and aerodromes, the PRB has been designated and it is operational, the text of the network management functions implementing rule has been agreed and it is pending adoption together with the network manager designation. The State 2010 Annual reports are still largely reporting on the implementation of SES I package in which process a significant progress has been made for the last three years. Given, however, the importance of the year 2012 for SES implementation the analysis has tried, where possible, to foresee the potential for the reporting States to reach the statutory deadlines. The focus in this 2010 Report lies on FABs, interoperability and cross border service provision as those areas represented a prominent examples of building a genuine network at States and providers level out of the current still fractured situation. While providers are engaged in common systems developments, the process of inter-State cooperation and coordination should be deepened and accelerated as the SES and SESAR implementation combine decisions and actions on policies, implementing plans and investments none of which can be done in isolation by one of the stakeholders. The conclusions in the report reflect the reported facts, are based solely on the impartial judgement of the experts involved in the drafting of the Report and do not necessarily reflect the official views or policy of EUROCONTROL. They cannot be considered as either final or binding since the reported information is based on the self assessment of the reporting States and may occasionally not reflect the actual situation in those States due to any circumstances. EUROCONTROL cannot make any warranty, either implied or express, for the information contained in the Annual reports, neither it can assume any liability or responsibility for the accuracy, completeness or usefulness of the data provided therein. The recommendations in the Report are in response to the request by the European Commission, are only of advisory nature thus not carrying or implying any obligation. Report on the SES Legislation Implementation for the period January/2010 – December/2010 2/117 EXECUTIVE SUMMARY Section 1: Introduction This is the third Report on the implementation of the Single European Sky (SES) legislation. It has been produced by EUROCONTROL upon request of the European Commission’s DG-MOVE and covers the period January 2010 to December 2010. The purpose of the report is to inform the European Commission, and the ATM community, of the level of compliance with the SES legislation. Recommendations are developed to support continued improvement of the level of compliance reached. The report is produced following analysis of the annual reports submitted by States in accordance with Article 12 of the framework Regulation and Article 8 of the flexible use of airspace Regulation. In particular it is drawn from analysis of the SES and FUA sections (Chapters 14 and 15) of the LSSIP reports. As such, the SES Annual Report forms part of the wider LSSIP/ESSIP process. This report includes analysis of the implementation of the SES legislation in the EU27 States plus Switzerland and Norway (referred to as “The 29 States”). In addition, six ECAA States (Albania, Bosnia and Herzegovina, Croatia, the Former Yugoslav Republic of Macedonia, Montenegro and Serbia) are considered – however given the various levels of transposition of the SES legislations within these States it is done separately. In total 81 recommendations have been raised: 12 are directed at the European Commission; in general they request that the Commission supports States to ensure a harmonised approach to implementation. The Directorate of Single Sky of EUROCONTROL will make proposals to support national administrations where needed. Eight are directed at all States – these recommendations highlight specific areas of concern requiring widespread action. The remaining 61 recommendations are directed at specific States, and relate to concrete actions that States can take to improve their level of compliance. The following summarises the key points and recommendations from each chapter.