1. Ensuring a 'Flexible Use of Airspace'…. Patrick Delmouzée Head of ATM Unit DSS/CM EUROCONTROL Moving towards an Integrated ASM/ATFCM/ATS Approach EUROCONTROL HQ, 20-21 Sep 2012 Requirements stemming from European Regulations

2. 2 Legal references (not exhaustive list): Commission Regulation (EU) 677/2011 – NM Function Regulation (EC) N° 550/2004 as amended by Regulation (EC) N° 1070/2009 - Service Provision Regulation Regulation (EC) N° 551/2004 as amended by Regulation (EC) N° 1070/2009 - Airspace Regulation Commission Regulation (EC) N° 2150/2005 Flexible Use of Airspace (EUROCONTROL Specification for the application of the FUA) Commission Regulation (EU) N° 176/2011 – Information on FABs Commission Regulation (EU) N° 691/2010 – Performance Commission Regulation (EU) N° 255/2010 – ATFM EC Regulation

3. Commission Regulation (EC) No 2150/2005 laying down common rules for the flexible use of airspace Art 5.3 “Members States shall ensure that adequate supporting systems are put in place to enable the AMC to manage airspace allocation and to communicate in good time the airspace availability to all affected users, AMCs, air traffic service providers and all relevant partners and organisations.” Art 6.2 “Members States shall ensure that the relevant controlling military units and air traffic services units exchange any modification of the planned activation of airspace in a timely and effective manner and notify to all affected users the current status of the airspace.” EC Regulation

4. Regulation (EC) No 550/2004 on the provision of air navigation services in the single European sky Art 9 a 1. “By 4 December 2012, Member States shall take all necessary measures in order to ensure the implementation of functional airspace blocks with a view to achieving the required capacity and efficiency of the air traffic management network within the single European sky......” Art 9 a 2. “Functional airspace blocks shall, in particular: (b) enable optimum use of airspace, taking into account air traffic flows”

5. 5 Commission Regulation (EU) 677/2011 laying down detailed rules for the implementation of ATM network function Art 4 § 3 clearly tasks the Network Manager to ensure the appropriate operational coordination, as well as optimisation, interoperability and interconnectivity within its area of responsibility Art 11 describes more specifically the obligations concerning the civil-military cooperation, in particular § 4 the NM shall encourage and coordinate the availability of CDR through those areas in accordance with Commission Regulation (EC) 2150/2005 Regulation (EC) No 551/2004 on the organisation and use of the airspace Art 6 § 1 states that NM functions shall allow optimum use of airspace and ensure that airspace users can operate preferred trajectories, while allowing maximum access to airspace and air navigation services. EC Regulation

6. Commission Regulation (EU) No 691/2010 laying down a performance scheme for air navigation services and network functions Art 20 1. “In addition to the data already collected by the Commission through other EU instruments … national authorities, air navigation service providers, … shall ensure the provision to the Commission of the data referred to in Annex IV … ” (h) data in support to tasks referred to in Article 4(1)m and (n) of Commission Regulation (EC) No 2150/2005 Art 4.1(n) establish mechanisms to archive data on the requests, allocation and actual use of airspace structures for further analysis and planning activities. EC Regulation

7. Commission Regulation (EU) No 255/2010 laying down common rules on air traffic flow management Art 6 5. “ATS units shall provide the central unit for ATFM with the following data and subsequent updates, in a timely manner and ensuring its quality: ” (a)availability of airspace and route structures, (e) route availability including availability through application of flexible use of airspace in accordance with Regulation (EC) No 2150/2005, (h) airspace availability including availability through application of flexible use of airspace in accordance with Regulation (EC) No 2150/2005, EC Regulation

8. Thank you for your attention