BAKGRUNN (fra kommisjonsbeslutningen)

(1) Commission Implementing Regulation (EU) No 409/2013 (2) establishes the framework for the Single European Sky ATM Research (SESAR) deployment. It sets out the requirements for the content of common projects, for their setup, adoption, implementation and monitoring.

(2) Common Project One (CP1), established by Commission Implementing Regulation (EU) 2021/116 (3), sets out six air traffic management (‘ATM’) functionalities and their respective sub-functionalities, including the ATM functionality on initial trajectory information sharing (‘AF6’).

(3) Pursuant to Article 4(1) of Implementing Regulation (EU) No 409/2013, functionalities and their sub-functionalities identified in a common project, are to be ready for implementation and are to require synchronised implementation. The readiness for implementation is to be assessed, inter alia, on the basis of the results of validation carried out during the SESAR development phase, the status of industrialisation and an assessment of interoperability, as well as in relation to the International Civil Aviation Organization (‘ICAO’) Global Air Navigation Plan and relevant ICAO material.

(4) Pursuant to Article 4(3) of Implementing Regulation (EU) No 409/2013, a common project may also include ATM functionalities or sub-functionalities that, at the time of the entry into force of the common project, are not ready for implementation but constitute an essential component of the common project, provided that their industrialisation is deemed to be finalised by an industrialisation target date established within 3 years from the adoption of the concerned common project.

(5) AF6, although not deemed to be ready for implementation at the time of entry into force of Implementing Regulation (EU) 2021/116, was considered to be an essential component of CP1 and was included with an industrialisation target date set at 31 December 2023 and an implementation target date set at 31 December 2027.

(6) Pursuant to Article 4(4) of Implementing Regulation (EU) No 409/2013, at the expiry of the AF6 industrialisation target date, the Commission, with the support of the European Union Aviation Safety Agency (‘the Agency’), verified that the AF6 had been standardised and that it was ready for implementation.

(7) For that purpose, the Agency performed a preliminary assessment of AF6 industrialisation and readiness and subsequently set up and coordinated the CP1 industrialisation forum composed of representatives of the deployment manager, the SESAR 3 Joint Undertaking, Eurocae, the Network Manager, aircraft manufacturers and the aviation ground equipment manufacturers, represented by the Aerospace, Security and Defence Industries Association of Europe (ASD). The objective of the forum was to define and ensure the implementation of coordinated actions necessary to meet the AF6 industrialisation target date of 31 December 2023.

(8) The CP1 industrialisation forum worked throughout 2023 and agreed on the actions to be taken by each group of stakeholders to achieve the standardisation and readiness for implementation of AF6.

(9) On 12 December 2023, the Agency consulted the representatives of the aircraft operators on the implementation of the AF6 relevant avionics. With the exception of the association representing business aircraft operators (EBAA), all commercial aircraft operators represented in the industrialisation forum confirmed the readiness for the implementation of AF6.

(10) On 1 December 2023, the deployment manager, the Network Manager, the ‘A4 Airline’ group (Air France, easyJet, the Lufthansa Group and Ryanair), and the SESAR 3 Joint Undertaking confirmed to the Commission their commitment to ensure the implementation of AF6 by 31 December 2027.

(11) On 26 January 2024, the Agency submitted to the Commission its findings. Based on the information collected and the investigations performed, the Agency concluded that AF6 was ready for implementation. While recognising the efforts made by the members of the CP1 industrialisation forum and their written commitments to implement AF6, the Agency also recommended non-binding accompanying measures to be carried out by standardisation bodies and operational stakeholders to support the implementation of AF6. The Agency also stated its readiness to support the Commission in the monitoring and oversight of those accompanying measures.

(12) In the light of the Agency’s conclusions and of the opinions and commitments of the interested stakeholders, the Commission considers AF6 to be ready for implementation.

(13) In assessing the compliance with the AF6 implementation target date of 31 December 2027, the Commission would consider if the stakeholders required to implement AF6 had planned the relevant AF6 investments and that they had taken the necessary measures to procure the relevant equipment, software or services to be implemented in due time.

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