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(2) The adoption by the European Parliament and the Council of the first package of the Single European Sky legislation, namely, Regulations (EC) No 549/2004, (EC) No 550/2004, (EC) No 551/2004, and (EC) No 552/2004 of the European Parliament and of the Council , laid down a firm legal basis for a seamless, interoperable and safe air traffic management (ATM) system. The adoption of the second package, namely, Regulation (EC) No 1070/2009 of the European Parliament and of the Council , further strengthened the Single European Sky initiative by introducing the concepts of ‘performance scheme’ and ‘Network Manager’ to further improve the performance of the European ATM network. Regulation (EC) No 552/2004 has been repealed by Regulation (EU) 2018/1139 of the European Parliament and of the Council , as the rules necessary for interoperability of ATM systems, constituents and procedures have been incorporated in Regulation (EU) 2018/1139.

(3) In order to take into account the changes introduced in Regulation (EU) 2018/1139, it is necessary to align this Regulation with that Regulation and to amend the latter.

(4) Detailed rules on the use of airspace, operational provisions regarding services and procedures in air navigation and rules and procedures for the design of airspace structures are regulated under Regulation (EU) 2018/1139, whereas the classification of airspace should be regulated under this Regulation.

(5) In Article 1 of the Convention on International Civil Aviation, signed in Chicago on 7 December 1944 (the ‘Chicago Convention’), the Contracting States recognise that ‘every State has complete and exclusive sovereignty over the airspace above its territory’. It is within the framework of such sovereignty that the Member States of the Union, subject to applicable international conventions, exercise the powers of a public authority when controlling air traffic.

(6) This Regulation should not affect Member States rights and responsibilities under the Chicago Convention.

(7) Implementation of the common transport policy requires an efficient air transport system allowing the safe, regular and sustainable operation of air transport services, optimising the use of airspace and capacity, contributing to aviation sustainability and facilitating the free movement of goods, persons and services.

(8) The simultaneous pursuit of the goals of augmentation of air traffic safety standards and improvement of the overall performance of ATM and air navigation services (ANS) for general air traffic in Europe requires that the human factor be taken into account. Therefore, the Member States should uphold ‘just culture’ principles. The opinions and recommendations of the Commission Expert Group on the Human dimension of the Single European Sky established by Commission Decision (EU) 2023/2109 should be considered and taken into account.

(9) Improvements in the climate and environmental performance of ATM also contribute to the achievement of the objectives contained in the Paris Agreement, in Regulation (EU) 2021/1119 of the European Parliament and of the Council , in Council conclusions on the Commission’s Sustainable and Smart Mobility Strategy and in the Digital Agenda for Europe, in particular through the reduction of aviation emissions.

(10) A more efficient use of airspace, allowing for more options in terms of optimal flight trajectories, would lead to increased fuel efficiency and reduced emissions. Various climate and environmental elements should also be taken into account when optimising flight trajectories and flight profiles, in order to reduce emissions and air pollutants. A methodology on how to take into account those various elements and their interdependencies should be developed, in particular when designing performance indicators.

(11) Airspace is a common resource for all categories of users that needs to be used flexibly by all of them, ensuring fairness and transparency while taking into account the security and defence needs of Member States and their commitments within international organisations.

(12) In 2004, Member States adopted a general statement on military issues related to the Single European Sky , which they have reiterated. According to that statement, Member States should, in particular, enhance civil-military cooperation and, if and to the extent deemed necessary by all Member States concerned, facilitate cooperation between their armed forces in all matters of air traffic management.

(13) Decisions relating to the content, scope or carrying out of military operations and training do not fall within the sphere of competence of the Union under Article 100(2) of the Treaty on the Functioning of the European Union.

(14) Article 9a of Regulation (EC) No 550/2004 provided for the establishment by Member States of functional airspace blocks with a view to enhancing cooperation between air navigation service providers in order to improve performance and create synergies, and regulated such airspace blocks. Member States may maintain the cooperation and coordination within such formerly established airspace blocks with the view to fostering the performance of the air traffic management network within the Single European Sky, in particular by submitting joint performance plans, provided in particular that this does not affect the efficient implementation of this Regulation.

(15) Member States should nominate a national supervisory authority in order to assume the tasks assigned to such authority under this Regulation. To ensure consistent and sound oversight of service provision across Europe, the national supervisory authorities should be guaranteed sufficient independence and resources. In particular, the financing of those authorities should guarantee their independence and should allow them to operate in accordance with the principles of fairness, transparency, non-discrimination and proportionality. This should not prevent a national supervisory authority from being joined with another regulatory authority, such as the national competent authority or the national competition authority, if the joint authority fulfils the independence requirements and provided that the decisions related to the tasks conferred on the national supervisory authority under this Regulation are taken independently from other tasks conferred on the joint authority.

(28) Air traffic service providers may procure communication, navigation and surveillance services (CNS), aeronautical information services (AIS), air traffic data services (ADS), or meteorological services (MET) in cases where Member States have not designated a MET provider, under market conditions, or under other forms of agreements where Directives 2014/24/EU and 2014/25/EU of the European Parliament and of the Council do not apply, taking into account specific situations such as lack of solutions available on the market and considerations relating to the public interest. Member States may allow airport operators or a group of airport operators to procure terminal air traffic services for aerodrome control or air traffic services for approach control under market conditions.

(29) Where air traffic services for aerodrome control and approach control are procured, they should not be subject to performance target setting set out in this Regulation. The service providers should nevertheless provide data on the performance of the air navigation services. Where air traffic services for aerodrome control and approach control are procured, technical requirements in the tender specifications should include requirements on service quality.

(30) Air navigation service providers should 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.

(31) Where applicable, the procurement of air navigation services should be carried out in accordance with Directive 2014/24/EU, Directive 2014/25/EU, and with the principles of equal treatment, non-discrimination and transparency as well as with the applicable provisions of the Treaty, in particular the Treaty rules on the freedom to provide services and the freedom of establishment. The tender procedures for the procurement of services should be designed so as to enable the effective participation of competing providers in these procedures, including through regular reopening of competition.