Commission Implementing Regulation (EU) 2021/116 of 1 February 2021 on the establishment of the Common Project One supporting the implementation of the European Air Traffic Management Master Plan provided for in Regulation (EC) No 550/2004 of the European Parliament and of the Council, amending Commission Implementing Regulation (EU) No 409/2013 and repealing Commission Implementing Regulation (EU) No 716/2014 (Text with EEA relevance)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EC) No 550/2004 of the European Parliament and of the Council of 10 March 2004 on the provision of air navigation services in the single European sky (the service provision Regulation) (1), and in particular Article 15a thereof,

Whereas:

(1) The Single European Sky (‘SES’) aims at modernising the European air traffic management (‘ATM’) by improving its safety and efficiency. It contributes to the reduction of greenhouse gas emissions. The Single European Sky Air Traffic Management Research and Development (‘SESAR’) project constitutes the technological pillar of the SES.

(2) Modernisation should be steered to achieving the European ATM Master plan’s vision of a digital European sky.

(3) Effective ATM modernisation requires the timely implementation of innovative ATM functionalities. Those functionalities should be based on technologies that increase the levels of automation, cyber-secure data sharing, and connectivity in ATM. Those technologies should also increase the levels of virtualisation of the European ATM infrastructure and air traffic service provision in all types of airspace.

(4) Commission Implementing Regulation (EU) No 409/2013 (2) establishes a framework for SESAR deployment setting out the requirements for the content of common projects, for their setup, adoption, implementation and monitoring.

(5) Common projects should only include ATM functionalities that are ready for implementation, that require synchronised implementation and that contribute significantly to achieving Union-wide performance targets.

(6) Common projects are implemented through projects coordinated by the deployment manager in accordance with the deployment programme.

(7) The Pilot Common Project established by Commission Implementing Regulation (EU) No 716/2014 (3) was a pilot initiative to implement ATM functionalities based on SESAR solutions in a coordinated and synchronised manner and served as a testbed for the governance and incentive mechanisms of the SESAR deployment framework established in Implementing Regulation (EU) No 409/2013.

(8) A review carried out in accordance with Article 6 of Implementing Regulation (EU) No 716/2014 concluded that the Pilot Common Project achieved positive operational changes in the European ATM. However, the variable level of maturity for implementation of ATM functionalities and its impact on the synchronisation of their implementation reduced the effectiveness of the Pilot Common Project.

(9) The results of the review support the closing of the pilot phase of common projects and the evolution of the Pilot Common Project into a more focused and mature common project. The review has confirmed that all functionalities carried over from the Pilot Common Project to the Common Project One have obtained the technical readiness for implementation.

(10) Common projects aim at implementing interoperable ATM functionalities in a synchronised manner. Synchronised implementation of common projects is instrumental to achieve timely network-wide performance benefits, namely by multiple stakeholders from several Member States synchronising and coordinating investments, work plans, procurement and training activities.

(11) The content of Common Project One should take account of contributions gathered from the deployment manager, the SESAR Joint Undertaking, ATM stakeholders and a cost-benefit analysis.

(12) The Common Project One should continue to mandate the implementation of the six Pilot Common Project ATM functionalities albeit with an updated focus, based on the criteria of contributing to achieving essential operational changes in the European ATM Masterplan, maturity and the need for synchronised implementation.

(13) The sub-functionalities to be included in the present act should be confined to those that can be implemented by 31 December 2027.

(14) Implementing Regulation (EU) No 716/2014 has been incorporated into the Agreement on the European Economic Area (4) as well as into the Agreement between the European Community and the Swiss Confederation on Air Transport (5), with the effect of including the Oslo Gardermoen, Zürich Kloten and Geneva airports into its scope insofar as ATM functionalities 1, 2, 4 and 5 are concerned. To achieve the full network benefits, it would be desirable that those airports equally implement Common Project One, in the context of the relevant agreements.

(15) Extended arrival management, integration of arrival manager and departure manager in high density terminal manoeuvring areas is expected to improve the accuracy of the approach trajectory and facilitate air traffic sequencing at an earlier stage. Implementation of ATM sub-functionality performance based navigation (PBN) is regulated under Commission Implementing Regulation (EU) 2018/1048 (6) and accordingly should no longer be covered by the common project.

(16) Airport integration and throughput should facilitate the provision of approach and aerodrome control services by improving runway safety and throughput, enhancing taxi integration and safety and reducing hazardous situations on the runway.

(17) Combined operation of flexible airspace management and free route airspace is expected to enable airspace users to fly as closely as possible to their preferred trajectory without being constrained by fixed airspace structures or fixed route networks. The implementation of the flexible airspace management under this regulation should happen in conjunction with Commission Regulation (EC) No 2150/2005 on the Flexible Use of Airspace (7).

(18) Network collaborative management should improve the performance of the European ATM network, notably by increasing the airspace capacity and flight efficiency through exchange, modification and management of trajectory information.

(19) System wide information management should enable the development, implementation and evolution of services for information exchange through standards, infrastructure and governance enabling the management of information and its exchange between operational stakeholders via interoperable services.

(20) Initial trajectory information sharing is expected to allow the aircraft downlink of trajectory information, its distribution on the ground and its improved use by the ground air traffic control (‘ATC’) systems and Network Manager Systems with fewer tactical interventions and improved de-confliction situation.

(21) The Pilot Common Project review highlighted the need to improve or clarify provisions of Implementing Regulation (EU) No 409/2013, to increase the effectiveness of common projects and facilitate their implementation.

(22) Some ATM functionalities or sub-functionalities that are essential components for a common project may not be ready for implementation at the time of entry into force of this Regulation. To ensure consistency of common projects and maintain momentum to finalise the industrialisation processes, those functionalities should be included in the common project with industrialisation and implementation target dates. If the industrialisation processes are not successfully finalised by the industrialisation target date, those functionalities should be withdrawn from the common project and considered for future ones.

(23) The content of common projects is developed with the contribution of air navigation service providers, airport operators, airspace users and the manufacturing industry participating in the SESAR Joint Undertaking, in the deployment manager and in their respective consultation groups. Those consultative mechanisms and the public consultation performed by the Commission provide an appropriate assurance of stakeholders’ endorsement of common projects. Therefore, it is no longer necessary to set up an additional group of representatives of airspace users.

(24) Common projects represent mandatory investments by all ATM stakeholders. Air navigation service providers and the Network Manager are subject to the Union-wide performance scheme in accordance with Commission Implementing Regulation (EU) 2019/317 (8) aiming to achieve the Union-wide performance targets. Those investments should be included in the Member States’ performance plans and in the Network Performance Plan.

(25) In the light of the ongoing COVID-19 pandemic, the Commission should continue following the air traffic developments and monitor the implementation of the regulation with a view of taking action as appropriate.

(26) For the sake of clarity and to indicate the closure of the pilot phase of the first common project, it is appropriate to repeal Implementing Regulation (EU) No 716/2014.

(27) The measures provided for in this Regulation are in accordance with the opinion of the Single Sky Committee,

HAS ADOPTED THIS REGULATION:

Article 1

Establishment of the Common Project One

The Common Project One (‘CP1’) is established to support the implementation of the European Air Traffic Management (‘ATM’) Master Plan.

Article 2

Definitions

For the purposes of this Regulation, the definitions set out in Article 2 of Implementing Regulation (EU) No 409/2013 shall apply.

The following definitions shall also apply:

(1) ‘airport – collaborative decision making’ or ‘A-CDM’ means a process by which decisions related to air traffic flow and capacity management (‘ATFCM’) at airports are made on the basis of interaction between operational stakeholders and other actors involved in ATFCM and which aims at reducing delays, improving the predictability of events, optimising the utilisation of resources and reducing environmental impacts.

(2) ‘airport operations plan’ or ‘AOP’ means a single, common and collaboratively agreed rolling plan available to all relevant operational stakeholders which provides a common situational awareness for optimised processes;

(3) ‘network operations plan’ or ‘NOP’ means a plan, including its supporting tools, developed by the Network Manager in coordination with the operational stakeholders to organise its operational activities in the short and medium term in accordance with the guiding principles of the network strategic plan and which includes, for the European route network design-specific part of the network operations plan, the European route network improvement plan;

(4) ‘to operate an ATM functionality’ means putting in service the ATM functionality in question which is fully used in daily operations;

(5) ‘AF 1’ or ‘extended arrival management and integrated arrival management (‘AMAN’)/departure management (‘DMAN’) in the high-density terminal manoeuvring areas’ means an ATM functionality that improves the precision of the approach trajectory and facilitates air traffic sequencing at an earlier stage and the optimum utilisation of runways, integrating the AMAN and DMAN sequences, by deploying specific ATM solutions.;

(6) ‘AF 2’or ‘airport integration and throughput’ means an ATM functionality that facilitates the provision of approach and aerodrome control services by improving runway safety and throughput, enhancing taxi integration and safety and reducing hazardous situations on the runway;

(7) ‘AF 3’ or ‘flexible airspace management and free route airspace’ means an ATM functionality that combines the operation of flexible airspace management and free route and enables airspace users to fly as closely as possible to their preferred trajectory without being constrained by fixed airspace structures or fixed route networks. It allows operations that require segregation to take place safely and flexibly and with minimum impact on other airspace users;

(8) ‘AF 4’ or ‘network collaborative management’ means an ATM functionality that improves the European ATM network performance, notably capacity and flight efficiency, through exchange, modification and management of trajectory information. AF 4 contributes to the implementation of a collaborative network for planning and decision-making, which enables the implementation of flight- and flow-centric operations;

(9) ‘AF 5’ or ‘system wide information management (SWIM)’ means an ATM functionality that consists of standards and infrastructure enabling the development, implementation and evolution of services for information exchange between operational stakeholders via interoperable services which are built on SWIM standards and are delivered through an internet protocol;

(10) ‘AF 6’ or ‘initial trajectory information sharing’ or ‘i4D’ means an ATM functionality that improves the use of target times and trajectory information, including where available the use of on-board 4D trajectory data by the ground ATC system and Network Manager systems, implying fewer tactical interventions and improved de-confliction situation.

Article 3

ATM functionalities and their deployment

(a) extended arrival management and integrated AMAN/DMAN in the high-density terminal manoeuvring areas;

(b) airport integration and throughput;

(c) flexible airspace management and free route airspace;

(d) network collaborative management;

(e) system wide information management;

(f) initial trajectory information sharing.

Article 4

Amendments to Implementing Regulation (EU) No 409/2013

Implementing Regulation (EU) No 409/2013 is amended as follows:

(6) Article 11 is replaced by the following: ‘Article 11 Purpose and content

Article 5

Repeal

Regulation (EU) No 716/2014 is repealed.

Article 6

Entry into force

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 1 February 2021.

For the Commission The President Ursula VON DER LEYEN

(1) OJ L 96, 31.3.2004, p. 10.

(2) Commission Implementing Regulation (EU) No 409/2013 of 3 May 2013 on the definition of common projects, the establishment of governance and the identification of incentives supporting the implementation of the European Air Traffic Management Master Plan (OJ L 123, 4.5.2013, p. 1).

(3) Commission Implementation Regulation (EU) No 716/2014 of 27 June 2014 on the establishment of the Pilot Common Project supporting the implementation of the European Air Traffic Management Master Plan (OJ L 190, 28.6.2014, p. 19).

(4) Agreement on the European Economic Area (OJ L 1, 3.1.1994, p. 3).

(5) Agreement between the European Community and the Swiss Confederation on Air Transport (OJ L 114, 30.4.2002, p. 73).

(6) Commission Implementing Regulation (EU) 2018/1048 of 18 July 2018 laying down airspace usage requirements and operating procedures concerning performance-based navigation (OJ L 189, 26.7.2018, p. 3).

(7) Commission Regulation (EC) No 2150/2005 of 23 December 2005 laying down common rules for the flexible use of airspace (OJ L 342, 24.12.2005, p. 20).

(8) Commission Implementing Regulation (EU) 2019/317 of 11 February 2019 laying down a performance and charging scheme in the single European sky and repealing Implementing Regulations (EU) No 390/2013 and (EU) No 391/2013 (OJ L 56, 25.2.2019, p. 1).

(9) Regulation (EU) 2018/1139 of the European Parliament and of the Council of 4 July 2018 on common rules in the field of civil aviation and establishing a European Union Aviation Safety Agency, and amending Regulations (EC) No 2111/2005, (EC) No 1008/2008, (EU) No 996/2010, (EU) No 376/2014 and Directives 2014/30/EU and 2014/53/EU of the European Parliament and of the Council, and repealing Regulations (EC) No 552/2004 and (EC) No 216/2008 of the European Parliament and of the Council and Council Regulation (EEC) No 3922/91 (OJ L 212, 22.8.2018, p. 1).