Brussels, 12/06/2002 (Agence Europe) - The Spanish Presidency will be presenting "guidelines" on the continuation of debates on the creation of a "single European sky", on 17 June. France, Portugal and Greece, believe, nevertheless, that the adoption of these guidelines are premature, given that the issue of military participation in decisions involving the organisation of European air space has still not been resolved. Although a strike by air traffic controllers has been announced for 19 June in France and Italy and planned for Spain and Portugal, France is hoping to obtain more assurances on the question of opening up its airspace services to competition. Despite denials from Commissioner Loyola de Palacio, France considers that the documentation on the opening up to competition of certain airspace services is still ambiguous.
In an effort to improve European airspace management up to 2004, the Commission proposed in October 2001 the following: 1) A regulation establishing the institutional framework for creating a "single sky" committee, consisting of Member States, which will lay down and adopt new regulation on civilian air navigation; 2) Regulation on conditions granting licences for air navigation services (communication, weather etc); 3) Regulation on the organisation of airspace with harmonisation of higher airspace (higher than 29, 500 feet-; 4) Regulation on inter-operability of equipment and procedures.
During its Presidency, Spain chose to focus on the work of the Council on framework regulation, which means that the thorny issue of military involvement in the institutional debate is once again at the core of discussion - sharing military and civilian airspace - the Commission had proposed founding the "single sky committee on the basis of Article 80§2 of the Treaty, which places the "single sky" within the competencies of the Community. France, Portugal and Greece are opposed to this legal basis on the grounds that European airspace is part of the "second pillar" of the Treaty and given that some aspects are military the committee could not take a decision on aspects that come within the remit of Community competencies, such as inter-operability, but it was legally impossible that it handled military matters, declared a Portuguese diplomat. At March's Transport council, Portugal had also presented a legal study to demonstrate that the Commission's proposals risked affecting the sovereignty of Member states, in the sense that they placed the organisation of the territory within Community powers.
As compromise, France suggested creating a bridge between the first and second pillars, so as to jointly deal with the two aspects. "Management of airspace is both civilian and military, these two entities must be present. 11 September demonstrated that we could not just do anything in the European sky", remarked a French diplomat. The United Kingdom, for its part, proposed that the issue as a whole be the subject of an intergovernmental agreement.
In fact, the Presidency acknowledges that in the document to be submitted to the Council that "important questions still need resolving, notably those concerning the legal basis". While writing that "the Presidency is aware that the position of the military in the single sky initiative is the most delicate issue in talks", Spain considers that these "issues must be resolved at the end of the examination of the Commission's proposals", which France, Portugal and Greece dispute. Spain would like to create an "effect of announcement", whereas "work has not moved forward on the organisation of an airspace and the provision of services", considers a European diplomat. "It is not reasonable to set things in stone at this stage of the examination by adopting guidelines", remarked a French diplomat.
Despite this demonstrable hostility, the Presidency will thus present the following guidelines:
1) Target date: work would be "actively pursued between now and end-2002" so that a decision may be taken in 2004. "Before the end of 2004, most accompanying measures at Community and national levels should also be adopted so that the single sky can take effect then";
2) economic regulation: "Member states have the exclusive powers to designate their air traffic service providers. These providers would maintain a natural monopoly and should, unlike ancillary services, not be subject to competition", states the text, notably to reassure France. The text does, however, stipulate that "by reason of their monopoly situation, air traffic services should be subject to rules and review, in order to reflect the general interest and users' needs". "Providers of both air traffic control services and ancillary services should comply with certain standards, including those of safety, which should be harmonised at Community level and constitute requirements for issuing certifications to allow mutual recognition", the text stipulates;
3) "Single Sky" Committee: "the choice of procedural matters for the adoption of implementing measures should be defined on a case-by-case basis, in the specific Regulation", says the text. "While appointing their representatives to the Single Sky Committee, Member States should be aware that the Single European Sky needs effective integration of military expertise", it stipulates, a wording that displeases certain delegations, considering that the Council is thus giving the initiative to Member states;
4) Relationship with Eurocontrol: "Eurocontrol has technical knowledge and expertise from which the Community should benefit as much as possible. The imminent accession of the Community to Eurocontrol will create the framework for synergies between the Community and Eurocontrol to develop", says the Presidency text:
5) Military issues: "in order to arrive at an efficient use of airspace, inter alia based on implementation of the flexible use of airspace concept, and sice decisions regarding civil matters could also affect military responsibilities, the military should be associated to the creation and operation of the Single European Sky (…) there should be an effective means by which the military can be involved in the creation of the Single European Sky and by which the results of the said co-operation between the military authorities can be expressed in the decision making process of the Single European Sky. No measures to be established in the context of the Single European Sky should stand in the way of defence or territorial surveillance imperatives or affect the power of Member states to manage their armed forces. Provisions shall be created within the appropriate bodies to respond to the needs that armed forces might have as a result of the creation of the Single European Sky";
6) Organisation and use of airspace: "the concept of the Single European Sky should be supported by the establishment of functional airspace blocks regardless of national borders, depending on initiatives taken and agreed upon by all Member states concerned". Criteria and working methods should be defined in liaison with Eurocontrol and air control service providers, for the "reconfiguration of upper airspace, in particular with respect to the creation of the functional airspace blocks. In general, the concept of the Single European Sky will be implemented first in the upper airspace. In the light of progress achieved, it will at a later stage be extended to the lower airspace."