On the Council position at first reading with a view to the adoption of a regulation of the European Parliament and of the Council on the implementation of the Single European Sky (recast)

(08311/2024 – C100114/2024 – 2013/0186(COD))

(Ordinary legislative procedure: second reading)

The European Parliament,

–having regard to the Council position at first reading (08311/2024 – C100114/2024),

–having regard to its position at first reading on the Commission proposal to Parliament and the Council (COM(2013)0410),

–having regard to the amended Commission proposal (COM(2020)0579),

–having regard to the Commission proposal to Parliament and the Council (COM(2020)0577 – 2020/0264(COD)),

–having regard to Article 294(7) of the Treaty on the Functioning of the European Union,

–having regard to Rule 68 of its Rules of Procedure,

–having regard to the recommendation for second reading of the Committee on Transport and Tourism (A10-0010/2024),

1.Approves the Council position at first reading;

2.Considers that, due to the incorporation of the content of Commission proposal COM(2020)0577 into that position, legislative procedure 2020/0264(COD) has lapsed;

3.Approves the joint statement by Parliament and the Council annexed to this resolution, which will be published in the C series of the Official Journal of the European Union;

4.Notes that the act is adopted in accordance with the Council position;

5.Instructs its President to sign the act with the President of the Council, in accordance with Article 297(1) of the Treaty on the Functioning of the European Union;

6.Instructs its Secretary-General to sign the act, once it has been verified that all the procedures have been duly completed, and, in agreement with the Secretary-General of the Council, to arrange for its publication in the Official Journal of the European Union;

7.Instructs its President to forward its position to the Council, the Commission and the national parliaments.

Without prejudice to the prerogatives of the budgetary authority in the framework of the annual budgetary procedure and to the Commission’s powers to establish the draft budget, the European Parliament and the Council invite the Commission to propose in the framework of the annual budgetary procedure the creation of an additional administrative support budget line under the Connecting Europe Facility (CEF), financed from CEF available appropriations as identified in the Legislative Financial Statement provided by the Commission. This new budget line would cover the cost of contractual agents and other administrative expenditures for the Secretariat of the Performance Review Board, Performance Review Board and National Supervisory Authorities Cooperation Board such as technical assistance, expert costs, contracts for data provision, external studies and for additional consultancy services, while establishment plan posts will be financed from the administrative budget line under Heading 7, with full respect of the current Multiannual Financial Framework Regulation. To the extent possible, such a financing under CEF should be without prejudice to the funds already earmarked in the latest CEF Transport Work Programme.

The financing under CEF of contractual agents and other administrative expenditures for the Secretariat of the Performance Review Board, Performance Review Board and National Supervisory Authorities Cooperation Board should not set a precedent for the financing of the Secretariat of other boards. It should not prejudge in any way the financing arrangements to be agreed upon in the framework of the next Multiannual Financial Framework Regulation.

The Council position at first reading reflects the agreement reached between Parliament and the Council in interinstitutional negotiations at early second-reading stage. The agreed text has been the result of complex negotiations but the co-legislators have reached a satisfactory compromise text aiming to set provisions to make air navigation services and network management contribute to climate neutrality. EU performance targets on capacity, cost efficiency, climate and environmental factors for air navigation services will be developed by the Commission and the performance of these services against these targets will be reviewed at least every three years.

An independent advisory Performance Review Board will be established to help the Commission and Member States take decisions on the implementation of performance plans for air navigation services to improve network management of EU airspace, that will have to have binding targets and incentives to make flights more efficient and environmentally friendly.

The agreement also stipulates that the air navigation service providers and the national supervisory authority can be part of the same organisation as long as they are functionally separated and fulfil independence requirements. Member States may merge economic and safety oversight functions in the same administrative entity and they may authorise the opening of certain air navigation services to market conditions.