Regulation (EU) 2024/2803 of the European Parliament and of the Council of 23 October 2024 on the implementation of the Single European Sky (recast) (Text with EEA relevance)

The PRB shall work on the basis of an annual work programme established by the PRB in line with the Commission’s priorities. That work programme shall fully respect the role of the PRB laid out in Article 13(2) and include all activities, within the available budget, necessary to assist the Commission in respect to the tasks of the Commission referred to in Article 13(2), including in order to allow the Commission to respect the required timeframes to implement its tasks. The PRB shall adopt the work programme after consulting the Commission. The PRB shall provide an annual report for publication by the Commission. The annual work programme and the annual report shall be provided by the Commission to the Member States. The annual report shall cover all activities of the PRB and contain information on the costs of the PRB.

The Commission shall grant access to the PRB to all relevant information for the execution of its advisory role.

The Commission shall monitor the functioning of the PRB and its compliance with this Regulation and regularly inform the Member States on the progress of PRB work.

The Commission shall provide the secretariat of the PRB, including the necessary analytical, administrative and technical support, taking into account the needs indicated by the PRB.

The main task of the secretariat shall be to contribute to the independent execution of the tasks of the PRB. For the purpose of preparing the content and orientations of the opinions, recommendations, reports and guidance material of the PRB, the secretariat shall provide its support to the PRB without taking any directives except from the PRB in order to enable it to fulfil its role. The secretariat shall be adequately resourced for the performance of its tasks.

The National Supervisory Authorities Cooperation Board is hereby established.

The National Supervisory Authorities Cooperation Board shall:

The National Supervisory Authorities Cooperation Board shall be composed of a representative and an alternate from the national supervisory authority of each Member State, both of whom shall be nominated by the national supervisory authority. The National Supervisory Authorities Cooperation Board shall elect a Chairperson and a Deputy-Chairperson from among its members. The National Supervisory Authorities Cooperation Board shall adopt its decisions by simple majority of its members. The Commission may attend the meetings of the National Supervisory Authorities Cooperation Board, without voting rights. The PRB may be invited to those meetings, on an ad hoc basis, without voting rights. Third countries may be invited to those meetings, on an ad hoc basis, without voting rights subject to the consensual agreement of the members of the National Supervisory Authorities Cooperation Board.

The Secretariat referred to in Article 17 shall provide the necessary administrative and technical support to the National Supervisory Authorities Cooperation Board.

To improve the performance of air navigation services and network management in the Single European Sky, a performance scheme for air navigation services and network management shall apply in accordance with this Article and Articles 22 to 28.

This Article and Articles 22 to 28 shall not apply to terminal air navigation services provided at airports, located in the territory of the Member States to which the Treaty applies, with less than 80 000 IFR air transport movements per year. However, a Member State may decide that such terminal air navigation services are subject to those Articles.

The performance scheme shall be implemented over reference periods, which shall be a minimum of 3 years and a maximum of 5 years. The performance scheme shall include:

The performance scheme referred to in paragraphs 1 and 3 shall be based on:

The setting of the performance targets included in the performance plans, the preparation and the assessment of draft performance plans and the monitoring and benchmarking of the performance of the air navigation services and network management shall take into account the impact of local circumstances as well as external factors that the air navigation service provider has no reasonable means to mitigate where appropriate.

The level of the performance targets referred to in paragraph 3, point (c)(iii) shall be set taking into account local circumstances, in particular local environmental policy requirements.

For the purpose of implementing the performance scheme established under this Regulation, account shall be taken of the fact that en route air navigation services, terminal air navigation services and network functions have different characteristics and shall therefore be treated accordingly, including, if necessary, for performance-measuring purposes.

In accordance with paragraphs 2 to 3 of this Article, the Commission shall adopt implementing acts setting the Union-wide performance targets for en route air navigation services, in the key performance areas referred to in Article 21(3), point (a), for each reference period, and define the duration of that period. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 48(3).

Union-wide performance targets referred to in paragraph 1 and performance targets for en route and terminal air navigation services defined by Member States at national level, referred to in Article 21(3), point (c), shall be defined on the basis of the following essential criteria:

For the purposes of preparing its decisions on Union-wide performance targets and, if defined in application of Article 22(1), on complementary baseline values and breakdown values or benchmark groups, the Commission shall consult and collect any necessary inputs from national authorities, Eurocontrol, the Network Manager and operational stakeholders.

Member States shall, for each reference period, adopt a draft performance plan, pursuant to this Article.

The air navigation service providers designated under Articles 8 and 10 shall, for each reference period and for the air navigation services they provide and, where applicable, procure from other providers, prepare inputs to the draft performance plan and submit them to the national supervisory authority.

Where they are designated in accordance with Article 10, MET service providers shall also provide inputs on their cost base to the national supervisory authority.

The inputs, provided by the air navigation service providers designated under Articles 8 and 10 under paragraphs 2 and 3 of this Article, regarding the allocation of costs included in the performance plans shall be based on the general principles referred to in Article 21(4), point (l).

The national supervisory authority shall review the information provided by each air navigation service provider designated under Articles 8 and 10, under paragraphs 2, 3 and 4 of this Article, and shall approve it, or shall make the necessary changes where appropriate. Subsequently, based on that information and, if appropriate, inputs from other national authorities, the national supervisory authority shall prepare a single national draft performance plan. That national draft performance plan shall be adopted by the Member State.

National supervisory authorities shall ensure that the allocation of costs included in the draft performance plan complies with the general principles referred to in Article 21(4), point (l) when preparing the performance plans.

With the aim of improving the level of performance of air traffic management, several Member States may develop a joint performance plan for en route air navigation services and, as appropriate, for terminal air navigation services. This plan shall at least cover the duration of one reference period, include at least one joint performance target and involve cross-border cooperation. The cross-border cooperation may include joint procurement with a view to improving interoperability and joint governance in order to optimise the use of airspace.

The draft performance plan referred to in paragraph 1 shall include relevant information, in particular traffic forecasts and operational data, provided by Eurocontrol and the Network Manager or, if appropriate and justified and after consultation with airspace users and air navigation service providers concerned, other traffic forecasts.

The draft performance plan shall contain, as appropriate, performance targets for en route air navigation services in the key performance areas referred to in Article 21(3), point (a), consistent with the Union-wide performance targets, as well as performance targets for terminal air navigation services, in the key performance areas of cost-efficiency and capacity and, subject to the conditions set out in Article 21(3), point (c)(iii), in the key performance area of climate and environment. Draft performance plans shall include a description on how the general principles referred to in Article 21(4), point (l), for the allocation of such common costs are applied.

Without prejudice to Article 52(3), the adopted draft performance plans shall be made publicly available.

The adopted draft performance plans shall be submitted to the Commission for assessment and approval in accordance with Article 24.

The Commission shall assess the adopted draft performance plans referred to in Article 23, including the consistency of performance targets for en route air navigation services with Union-wide performance targets, in line with the criteria and conditions laid down in the implementing acts referred to in Article 28, point (b), and the allocation of common costs between en route and terminal air navigation services according to the general principles referred to in Article 21(4), point (l). The assessment of the consistency of performance targets for en route air navigation services with Union-wide performance targets shall take into consideration performance improvements over time. The Commission shall review the performance targets for terminal air navigation services in light of the elements specified in the implementing act referred to in Article 28, point (b).

When assessing the consistency of performance targets for en route air navigation services with the Union-wide performance targets, the Commission shall take due account of local circumstances and interdependencies between key performance areas referred to in Article 21(3), point (a).

Where the Commission finds that the adopted draft performance plan meets the criteria and conditions referred to in Article 24(1) and laid down in the implementing acts referred to in Article 28, point (b), read in combination with paragraph 2 of this Article, it shall adopt an implementing act to approve it. That implementing act shall be adopted in accordance with the advisory procedure referred to in Article 48(2).

Where the Commission finds that there are doubts whether an adopted draft performance plan meets those criteria and conditions, read in combination with paragraph 2 of this Article, it shall initiate a detailed examination of that draft performance plan, requesting additional information from the Member State concerned if necessary.

Where, having carried out the detailed examination, the Commission finds that the adopted draft performance plan meets those criteria and conditions read in combination with paragraph 2 of this Article, it shall adopt an implementing act to approve it. That implementing act shall be adopted in accordance with the advisory procedure referred to in Article 48(2).

Draft performance plans approved by the Commission in accordance with this Article shall be adopted by the Member States concerned as definitive plans, and shall be made publicly available without prejudice to Article 52(3).

The national supervisory authority shall assess, in cooperation with the national competent authority without prejudice to the national arrangements resulting from Article 4(5), whether the air navigation services provided in the airspace under their responsibility meet the performance targets contained in the performance plans approved in accordance with Article 24 and whether those plans have been implemented correctly, and shall implement the incentives schemes referred to in Article 21(4), point (i).

The national supervisory authority shall issue regular reports on the monitoring of performance of air navigation services provided by the air navigation service providers designated under Articles 8 and 10 and make them available to the Commission. The results of those assessments shall be made publicly available without prejudice to Article 52(3).

To the extent that the air navigation service provider has reasonable means to mitigate the impact of external factors, where performance targets contained in the performance plans are not reached or the performance plan is not correctly implemented, the national supervisory authority shall require corrective measures to be implemented by the air navigation service providers concerned. Those corrective measures shall be adequate to improve the performance and proportionate, in particular considering interdependencies with safety and between performance areas, and the impact on the network.

The Commission shall monitor the performance of the provision of air navigation services and network functions on the basis of the reports of national supervisory authorities and of analysis of data received and shall carry out regular assessments of the overall achievement of the Union-wide performance targets and present the results to the committee referred to in Article 48(1).

The Network Manager shall, for each reference period, draw up, in accordance with the cooperative decision-making process referred to in Article 38(11), a draft Network Performance Plan.

The draft Network Performance Plan shall be submitted to the Commission for assessment and adoption.

The Commission shall assess the draft Network Performance Plan based on the following essential criteria:

Where the Commission finds that the draft Network Performance Plan is complete and shows adequate performance improvements, it shall adopt the draft Network Performance Plan as a definitive plan. Otherwise, the Commission shall request the Network Manager to submit a revised draft Network Performance Plan.

Where, during a reference period, Union-wide performance targets are no longer adequate, in the light of significantly changed circumstances or safety considerations, and where the revision of one or several targets is necessary and proportionate, the Commission shall revise those Union-wide performance targets. Article 22 shall apply to such decision.

The decision on the revised Union-wide performance targets referred to in paragraph 1 shall include transitional provisions for the time period until the definitive revised performance plans become applicable. Revised Union-wide performance targets and transitional provisions shall not apply retroactively.

In the event of a network crisis, such as geopolitical conflicts, health crises or natural disaster, which prevents the issuing of reliable traffic forecasts, the transitional provisions adopted by the Commission in accordance with paragraph 2 may include the temporary suspension or adaptation of the performance scheme until the network crisis ends and the new reliable forecasts are available. In such a case, the Commission shall define the relating conditions, including necessary adaptations to applicable charges, in the decision referred to in paragraph 1.

Member States may, subject to the approval of the Commission, revise one or several performance targets, during a reference period where alert thresholds are reached, or where it is demonstrated that the initial data, assumptions and rationales underpinning the performance targets are to a significant and lasting extent no longer accurate due to circumstances that were unforeseeable at the time of the adoption of the performance plan. The Commission shall approve this revision if it concludes that the revision is necessary and proportionate and the revised performance targets are consistent with Union-wide performance targets.

Without prejudice to the possibility for Member States to finance the provision of air navigation services covered in this Article through public funds insofar as it is in line with Treaty rules on competition where applicable, charges for air navigation services shall be determined, imposed and enforced on airspace users.

Articles 29 to 36 shall not apply to terminal air navigation services provided at airports, located in the territory of the Member States to which the Treaty applies, with less than 80 000 IFR air transport movements per year. However, a Member State may decide that such terminal air navigation services are subject to those Articles.

Charges shall be based on the costs of air navigation service providers designated under Articles 8 and 10 incurred in respect of services and functions for the benefit of airspace users over fixed reference periods as defined in Article 21(3). Those costs may include a reasonable return on assets.

Charges shall encourage the safe, efficient, effective and sustainable provision of air navigation services with a view to achieving a high level of safety and cost-efficiency whilst reducing the environmental impact of aviation.

Revenues received by an air navigation service provider designated under Articles 8 and 10 from charges imposed on airspace users in accordance with this Article shall not be used to finance services which that air navigation service provider provides under market conditions in accordance with Article 11 or to finance any other commercial activity performed by that provider.

Financial data on determined costs, actual costs and related revenues of designated air navigation service providers shall be reported to national supervisory authorities. For the purpose of enabling the Commission to carry out its tasks under this Regulation, national supervisory authorities shall report those data to the Commission in accordance with the modalities defined in the implementing act referred to in Article 33. Financial data on determined costs, actual costs and related revenues shall be made available to airspace users, and shall be published in accordance with Article 52(3).

The cost bases for charges for air navigation services shall consist of the determined costs, as established in the performance plans adopted in accordance with Article 24(6), related to the provision of those services in the en route charging zone and terminal charging zone concerned.

The determined costs referred to in paragraph 1 shall include the costs of relevant facilities and services, cost of capital and depreciation of assets, as well as the costs of maintenance, operation, management and administration, including staff costs.

The determined costs referred to in paragraph 1 shall also include the following costs:

Determined costs shall not include the costs of penalties imposed by Member States in accordance with Article 53.

Costs that pertain to both en route air navigation services and terminal air navigation services shall be allocated in compliance with the general principles referred to in Article 21(4), point (l). Cross-subsidy between en route air navigation services and terminal air navigation services shall not be allowed. Cross-subsidy shall be allowed between different air navigation services within either one of those two categories only when justified for objective reasons, subject to transparent identification in accordance with Article 36(3).

Air navigation service providers designated under Articles 8 and 10 shall provide details of their cost base to the national supervisory authority. To this end, costs shall be broken down by distinguishing staff costs, operating costs other than staff costs, depreciation costs, cost of capital, exceptional costs and costs referred to in Article 30(3). For the purpose of enabling the Commission to carry out its tasks under this Regulation, the national supervisory authority shall provide this information to the Commission in accordance with the modalities defined in the implementing act referred to in Article 33.

Unit rates shall be set per calendar year and for each charging zone, on the basis of the determined costs and the traffic forecasts established in the performance plans as well as applicable adjustments deriving from previous years and other revenues, in particular public funds, including financial support from Union assistance programmes.

Without prejudice to Article 30(5), Member States shall define, before the start of a reference period, the charging zones for air navigation services and shall identify the air traffic service providers falling under the scope of each charging zone. The Commission shall adopt an implementing act to define the conditions under which Member States may modify or establish a new terminal charging zone during a reference period. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 48(3).

Unit rates shall be set by the Member States, and be subject to verification by the Commission that they comply with Article 29, Article 30 and with this Article.

Member States may define common charging zones and, in such cases, shall set common unit rates for those charging zones.

Charges shall be levied on airspace users for the provision of air navigation services, under non-discriminatory conditions, taking into account the relative productive capacities of the different aircraft types concerned. When imposing charges on different airspace users for the use of the same service, no distinction shall be made in relation to the nationality or category of the user.

The en route charge for air navigation services for a given flight in a given en route charging zone shall be calculated on the basis of the unit rate established for that en route charging zone and the en route service units for that flight.

The terminal charge for air navigation services for a given flight in a given terminal charging zone shall be calculated on the basis of the unit rate established for that terminal charging zone and the terminal service units for that flight. For the purpose of calculating the terminal charge, the approach and departure of a flight shall count as a single flight.

Certain airspace users or flights, especially those using or operated with light aircraft and state aircraft, may be exempted from air navigation charges, provided that the cost of such exemption is covered by other resources and is not passed on to other airspace users.

The Commission shall, in consultation with the Member States, air traffic service providers and airspace users, conduct a study on the contribution of the modulation of charges to the achievement of the objectives of the Single European Sky, defined in Article 1(1) of this Regulation, and of Regulation (EU) 2021/1119. This study shall also assess the feasability of that modulation and its impact on air traffic, service provision, administrative costs and stakeholders.

The result of the study referred to in paragraph 5 of this Article will provide the essential information for the Commission to determine whether to adopt an implementing act in accordance with Article 48(3), to ensure the uniform application of modulation of en route charges to encourage airspace users to support improvements in climate and environmental performance such as the use of the most fuel-efficient available routing, increased use of alternative clean propulsion technologies including sustainable alternative fuels, while maintaining an optimum safety level.

The modulation referred to in paragraph 6 shall consist of financial advantages or disadvantages and shall be revenue neutral for air traffic service providers.

In addition to the modulation of charges referred to in paragraph 6, charges may be modulated by Member States to encourage air traffic service providers and airspace users to support improvements in service quality such as increased capacity, reduced delays and sustainable development.

The Commission shall regularly review compliance of Member States with Articles 21 to 27 and 29 to 32 and the implementing acts referred to in Articles 28 and 33. When carrying out that review, the Commission shall assess whether Member States ensure, in line with their duty of sincere cooperation, compliance by the air navigation service providers with their obligations under those Articles. The Commission shall act in consultation with the PRB and with national supervisory authorities.

Where the Commission has indications of non-compliance with the provisions referred to in paragraph 1, it may initiate an investigation. It shall conclude the investigation within four months, after having heard the Member State, and the national supervisory authority concerned.

Without prejudice to Article 52(1), the Commission shall share the results of the investigation with the Member State and, where appropriate, the air navigation service providers designated under Articles 8 and 10 concerned and the Commission may issue an opinion on whether Articles 21 to 27 and 29 to 32 and the implementing acts referred to in Articles 28 and 33 have been complied with by that Member State. It shall notify this opinion to the Member State concerned.

Articles 21 to 34 shall not apply to militaries which provide air navigation services primarily to aircraft movements other than general air traffic.

Articles 21 to 34 shall apply to militaries which provide air navigation services primarily to general air traffic with respect to the services provided to general air traffic.

Air navigation service providers, independently of their system of ownership or legal structures, shall annually draw up and publish their financial accounts. These accounts shall comply with the international accounting standards adopted by the Union.

National supervisory authorities shall have the right to access the accounts of the air navigation service providers under their supervision. Member States may decide to grant access to these accounts to national supervisory authorities of other Member States. Where necessary to enable the Commission to carry out its tasks under this Regulation, national supervisory authorities shall provide this information to the Commission.

Air navigation service providers shall, in their internal accounting, keep separate accounts for each air navigation service as they would be required to do if these services were carried out by separate undertakings with a view to avoiding discrimination, cross-subsidisation and distortion of competition. An air navigation service provider shall also keep separate accounts for each activity where:

The financial data reported in accordance with Article 29(6) and other information relevant for the calculation of unit rates shall be audited or verified by the national supervisory authority or an entity independent of the air navigation service provider concerned and approved by the national supervisory authority. The conclusions of that audit shall be made publicly available without prejudice to Article 52(3).

Air traffic management network functions shall lead to the sustainable and efficient use of airspace and of scarce resources. They shall also ensure that airspace users can operate environmentally- and climate-optimised flight trajectories and profiles, while allowing fair and reasonable access to airspace and air navigation services and minimising congestion. The network functions set out in paragraph 2 of this Article shall support seamless access to air navigation services by airspace users as well as the achievement of the Union-wide performance targets, referred to in Article 21(3), point (b), and shall be based on operational requirements. The implementation of those network functions shall respect the provisions of Article 1, and shall be without prejudice to Member States’ sovereignty over their airspace and to their requirements relating to public order, public security and defence matters.

The network functions referred to in paragraph 1 are the following:

Member States and all relevant operational stakeholders shall execute network functions with the contribution of the Network Manager as defined in Article 38(6) and the implementing act referred to in Article 38(10).

The functions set out in paragraph 2 shall not involve the adoption of binding measures of a general scope or the exercise of political discretion. They shall be performed in coordination with civil and military authorities, in particular in accordance with agreed procedures concerning the flexible use of airspace. The measures taken for the implementation of the functions listed in paragraph 2 shall be of purely operational or technical nature and shall take into account the specificities of the Member States.

In order to ensure the uniform implementation of and compliance with the provisions referred to in this Article, the Commission shall, with a view to achieving the objectives set out in Article 1, adopt implementing acts, in accordance with the examination procedure referred to in Article 48(3), laying down detailed rules regarding the execution of the network functions, including on crisis management.

In order to achieve the objectives referred to in Article 37(1) of this Regulation, the Commission, supported by the Agency in accordance with Regulation (EU) 2018/1139, shall ensure that the Network Manager contributes to the execution of the network functions set out in Article 37(2) of this Regulation, by carrying out the tasks referred to in paragraph 6 of this Article. The Commission shall supervise the proper execution of the tasks of the Network Manager.

The Commission shall appoint an independent, impartial and competent body to carry out the tasks of the Network Manager.

To this end, the Commission shall adopt an implementing act in accordance with the examination procedure referred to in Article 48(3).

In order to ensure the uniform implementation of and compliance with the provisions referred to in paragraph 2, the Commission shall, with a view to achieving the objectives set out in Article 1, adopt implementing acts laying down detailed provisions including:

The Network Manager shall execute its tasks in an impartial and cost-efficient manner and shall be subject to appropriate governance and independence. If the competent body appointed as the Network Manager has also regulatory functions, organisational separation with such functions shall be ensured. In the execution of its tasks, the Network Manager shall take into consideration the needs of the whole ATM network while safeguarding defence capabilities and it shall fully involve all the operational stakeholders.

Upon the application of the implementing act referred to in paragraph 3 of this Article, the Network Manager shall, within the limits of Article 37(4), contribute to the execution of the network functions through the following tasks:

The Network Manager shall contribute to the execution of the network functions through support measures aimed at safe and efficient planning and operations of the stakeholders within the network under normal and network crisis conditions and measures aimed at the continuous improvement of network operations in the Single European Sky and the overall performance of the network, especially regarding the implementation of the performance scheme including in respect of climate and the environment. The action taken by the Network Manager shall take account of the need to fully integrate the airports in the network and aim to ensure compliance with the performance plans and performance targets of designated air traffic service providers.

The Network Manager shall cooperate closely with the Commission in order to facilitate that the performance targets referred to in Article 21 are adequately reflected in the overall capacity planning, as well as the capacity to be delivered by individual air traffic service providers and agreed between the Network Manager and those air traffic service providers in the NOP.

The Network Manager shall:

In order to ensure the uniform implementation of the provisions referred to in paragraphs 6 to 9 of this Article, the Commission shall, with a view to achieving the objectives set out in Article 1, adopt implementing acts establishing detailed rules for the implementation of the tasks of the Network Manager, as defined to in those paragraphs.

In the execution of its tasks, the Network Manager shall take measures through a cooperative decision-making process. Parties to the cooperative decision-making process shall act to the maximum extent possible with a view to improving the functioning and performance of the network including the achievement of the Union-wide performance targets in the key performance area of climate and environment. The cooperative decision-making process shall promote the interest of the network taking into account essential security and defence interests, and other local or regional conditions, such as geographical, topographical and meteorological conditions.

The cooperative decision-making process referred to in paragraph 11 shall be based, in particular, on a consultation process of operational stakeholders, airport slot coordinators, Member States and, where relevant, the Agency and the Commission, on working arrangements and processes for operations and on resolution mechanisms involving the Network Management Board where necessary.

In order to ensure the uniform implementation of and compliance with the provisions referred to in paragraphs 11 and 12, the Commission shall, with a view to achieving the objectives set out in Article 1, adopt implementing acts laying down, detailed provisions regarding the cooperative decision-making process including:

A Network Management Board is established with a view to ensuring appropriate governance over the execution of the network functions.

In order to ensure the uniform implementation of and compliance with the provisions referred to in paragraph 14 of this Article, the Commission shall, with a view to achieving the objectives set out in Article 1, adopt implementing acts, laying down detailed rules regarding the Network Management Board in particular for:

Without prejudice to Article 37(2), point (a), of this Regulation and to Articles 44 and 46 of Regulation (EU) 2018/1139 and the delegated and implementing acts adopted on the basis thereof, Member States shall have the complete competence for the development, approval and establishment of the routes and airspace structures for the airspace under their responsibility. In that regard, Member States shall take into account air traffic demands, seasonality and complexity of air traffic and of performance plans. Before deciding on those aspects, they shall take due consideration of the needs of airspace users concerned or groups representing such airspace users and military authorities as appropriate.

The financial accounts of the Network Manager shall be drawn up and published annually. Those accounts shall comply with the international accounting standards adopted by the Union. Where, due to the legal status of the Network Manager, full compliance with the international accounting standards is not possible, the Network Manager shall achieve such compliance to the maximum possible extent.

The Network Manager shall publish an annual report on its activities and regularly undergo an independent audit.

With regard to general air traffic, relevant operational data shall be made available in an interoperable format in real-time, on a transparent and non-discriminatory basis and without prejudice to national security, public order and defence policy interests, by all air navigation service providers, airspace users, airports and the Network Manager, including on a cross-border and a Union-wide basis. Such availability shall be to the benefit of certified or declared air navigation service providers, entities having a proven interest in considering the provision of air navigation services, military entities in charge of security and defence activities, military air navigation service providers, airspace users and airports as well as the Network Manager. The data shall be used only for operational purposes.

Prices for the service referred to in paragraph 1 shall be based on general principles and common pricing rules to be established in the implementing act referred to in paragraph 4.

Access to relevant operational data as referred to in paragraph 1 of this Article shall be granted free of charge to the authorities in charge of safety oversight, performance and network oversight, security, public order, and defence, including the Agency, in accordance with Regulation (EU) 2018/1139.

The Commission shall adopt implementing acts laying down the detailed requirements for the making available of and the access to data in accordance with paragraphs 1 and 3 of this Article, including the specific operational data concerned, the general principles and common pricing rules for setting the prices as referred to in paragraph 2 of this Article, and requirements for the identification of entities having a proven interest in considering the provision of air navigation services. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 48(3).

Taking into account the characteristics and nature of military activity in each Member State as well as the organisation of military matters under their responsibility, Member States shall ensure the application within the Single European Sky of the concept of the flexible use of airspace, in order to facilitate airspace management and air traffic management in the context of the common transport policy and, where appropriate, in consistency with the European ATM Master Plan.

Member States shall report annually to the Commission on the application, in the context of the common transport policy, of the concept of the flexible use of airspace in respect of the airspace under their responsibility.

Where, in particular in the light of the reports submitted by Member States, uniform conditions for the application of the concept of the flexible use of airspace within the Single European Sky are needed, the Commission shall, within the limits of the common transport policy and without prejudice to Article 1(2), adopt implementing acts laying down such uniform conditions. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 48(3).

In cases of significant operational difficulties in the application of this Article impairing the safeguard of essential security or defence policy interests, Member States may temporarily suspend such application on condition that they inform without delay the Commission and the other Member States thereof. Following the introduction of a temporary suspension, adjustments to the rules adopted under paragraph 3 may be developed for the airspace under the responsibility of the Member State concerned. The temporary suspension and any such adjustments shall be lifted when those operational difficulties cease.

The Commission may set up common projects, based on the needs for synchronisation amongst stakeholders, for implementing the essential operational changes identified in the European ATM Master Plan having a network-wide impact and having reached sufficient maturity for implementation in order to enable interoperable capabilities in all Member States with a view to improving the performance of the Single European Sky.

The Commission may also establish governance mechanisms for common projects and their implementation. All relevant civil and military stakeholders shall be involved in these mechanisms to the widest possible extent and, where possible and as appropriate, have a leading role.

Common projects may be eligible for Union funding within the multiannual financial framework. To this end, and without prejudice to Member States’ competence to decide on the use of their financial resources, the Commission shall carry out an independent cost-benefit analysis and appropriate consultations with the Member States and with relevant stakeholders in accordance with Article 49, exploring prioritisation and all appropriate means for financing the implementation thereof.

The Commission shall adopt implementing acts establishing the common projects and governance mechanisms referred to in paragraphs 1 and 2 of this Article. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 48(3).

The Commission shall be assisted by the Single Sky Committee, hereinafter referred to as ‘the Committee’, composed of two representatives of each Member State and chaired by the Commission. The Committee shall ensure an appropriate consideration of the interests of all categories of users. The Committee shall be a committee within the meaning of Regulation (EU) No 182/2011.

Where reference is made to this paragraph, Article 4 of Regulation (EU) No 182/2011 shall apply.

Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.

Where the Committee delivers no opinion, the Commission shall not adopt the draft implementing act and the third subparagraph of Article 5(4) of Regulation (EU) No 182/2011 shall apply.

Member States, national supervisory authorities, the PRB and the Network Manager, as well as the Agency with regard to its tasks under Article 21, paragraphs 3 and 4, and Article 38(1), shall establish consultation mechanisms for appropriate consultation of stakeholders.

The Commission shall establish a mechanism at Union level to consult the relevant stakeholders on matters related to the implementation of this Regulation.

For the purposes of paragraphs 1 and 2, at least the following operational and non-operational stakeholders shall be consulted if relevant:

Neither the national supervisory authorities, acting in accordance with their national legislation, nor the national competent authorities, nor the Commission, nor the PRB, nor the Network Manager, nor the Agency shall disclose information of a confidential nature, in particular information about air navigation service providers, their business relations or their cost and revenues components.

Paragraph 1 shall be without prejudice to the right of disclosure by national supervisory authorities and the Commission where this is essential for the fulfilment of their duties. In that case such disclosure shall be proportionate and shall have regard to the legitimate interests of air navigation service providers, airspace users, airports or other relevant stakeholders in the protection of their commercially sensitive information.

Information and data made accessible pursuant to Articles 12(4), 23(10), 24(6), 25(2), 36(3) and 36(4) or reported pursuant to Article 29(6) in particular as regards determined costs and actual costs of designated air traffic service providers shall be publicly disclosed, subject to the protection of public security, defence and military matters or commercial interests of a natural or legal person, including intellectual property, unless there is an overriding public interest in disclosure.

The Commission shall conduct an evaluation to assess the legal, social, economic and environmental impacts of this Regulation and its added value both at national and European level after the end of the fifth reference period and at the latest 3 years after the end of that reference period. When justified for this purpose, the Commission may request from the Member States, including military authorities, information relevant to the application of this Regulation.

The Commission shall submit its findings to the European Parliament and to the Council. The findings of the evaluation referred to in paragraph 1 shall be made public.

Article 4(2) of Regulation (EC) No 549/2004 and Article 12(3) of Regulation (EC) No 550/2004 shall continue to apply until 2 December 2026.

The Performance Review Body designated under Article 11(2) of Regulation (EC) No 549/2004 shall continue to exercise its functions until 2 June 2025.

Article 11 of Regulation (EC) No 549/2004, except paragraph 2 of that Article, and Article 15 of Regulation (EC) No 550/2004, and the implementing acts adopted on the basis thereof, shall continue to apply for the purposes of the implementation of the performance and charging schemes pertaining to the third and fourth reference periods.

Commission Implementing Decision (EU) 2019/709 (23) shall continue to apply until the end of the fourth reference period or until an implementing act is adopted in accordance with Article 38(3) of this Regulation, whichever is the earliest.

Article 9 of Regulation (EC) No 549/2004 shall continue to apply until 2 December 2026.