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EN
Official Journal of the European Union
25.2.2011
REGULATIONS
COMMISSION REGULATION (EU) No 176/2011
of 24 February 2011
on the information to be provided before the establishment and modification of a functional
airspace block
(Text with EEA relevance)
THE EUROPEAN COMMISSION,
States, the Commission, the European Aviation Safety
Agency (EASA) and other interested parties should be
clearly laid out as well as the procedures for this
Having regard to the Treaty on the Functioning of the European
exchange of information.
Union,
Having regard to Regulation (EC) No 550/2004 of the European
(6) In
particular,
the
Member
States
concerned
should
jointly
Parliament and of the Council of 10 March 2004 on the
provide the information and accordingly provide one set
provision of air navigation services in the single European sky
of information and documentary evidence per functional
(the service provision Regulation)
(
airspace block.

1 ) and in particular
Article 9a(9) thereof,
(7) The
establishment
of
a
functional
airspace
block
should
Whereas:
be considered as the legal process through which
Member States must enhance cooperation between their
respective airspace blocks. Member States should take the
(1) The
functional
airspace
blocks
are
key
enablers
for
necessary measures to comply with this requirement at
enhancing cooperation between Member States in order
the latest by 4 December 2012, in accordance with
to improve performance and create synergies. For that
Regulation (EC) No 550/2004.
purpose and in order to optimise the interface of func
tional airspace blocks in the single European sky, the
Member States concerned should cooperate with each
other and where appropriate they may also cooperate
(8) The
determination
whether
a
functional
airspace
block
with third countries.
has been modified should be made on the basis of the

same criteria for all Member States and should be limited
to those changes which have a considerable impact on
(2)
Member States have to comply with the requirements of
the functional airspace block and/or the neighbouring
Article 9a of Regulation (EC) No 550/2004 when estab
functional airspace blocks or Member States.
lishing a functional airspace block.
(9) According
to
Article
13a
of
Regulation
(EC)
No
(3) Member
States
that
establish
a
functional
airspace
block
549/2004 of the European Parliament and of the
have to provide information to the Commission, the
Council ( 2 ), Member States and the Commission should
European Aviation Safety Agency, other Member States
coordinate with the EASA to ensure that all safety
and other interested parties, giving them an opportunity
aspects are properly addressed when implementing the
to submit their observations with the aim of facilitating
single European sky.
an exchange of views. However, the Member States
should not provide classified information, business
secrets or otherwise confidential information.
(10) This
Regulation
does
not
affect
the
security
or
defence
policy interests of Member States and related confiden
tiality needs according to Article 13 of Regulation (EC)
(4) The
information
to
be
provided
under
this
Regulation
should reflect compliance with the objectives for the
No 549/2004.
functional airspace blocks and assist Member States in
ensuring consistency with other measures of the single
European sky.
(11) Pursuant
to Article 83 of the Chicago Convention,
Member States that establish a functional airspace block
will have to register agreements or arrangements for
(5) In
order
to
facilitate
such
exchange
of
information
and
functional airspace blocks and any subsequent
submission of observations, the information which is
amendment thereto with the International Civil
considered as ‘adequate’ to be provided to Member
Aviation Organisation (ICAO).
( 1 ) OJ L 96, 31.3.2004, p. 10.
( 2 ) OJ L 96, 31.3.2004, p. 1.

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(12) The
establishment
of
functional
airspace
blocks
which
groups of airspace users and staff representative bodies as
would result in changes to the ICAO flight information
well as adjacent air navigation service providers to those in
region (FIR) boundaries or to the facilities and services
a functional airspace block.
provided within those boundaries should continue to be
the subject of the ICAO air navigation planning process
and the procedure for amendment of the ICAO air navi
Article 3
gation plans.
Demonstration of compliance
The Member States concerned shall jointly provide the
(13) Member States should ensure that they fulfil their safety
information set out in the Annex to this Regulation to demon
responsibilities effectively when establishing a functional
strate fulfilment of the requirements of Article 9a of Regulation
airspace block. They should demonstrate and provide the
(EC) No 550/2004.
necessary assurance that the functional airspace block
will be established and managed safely and address the
Article 4
Member States and the air navigation service providers
safety management elements associated with the func
Procedure for exchange of information for new functional
tional airspace block establishment, with a focus on
airspace blocks
their respective safety roles and responsibilities.
1. The Member States concerned shall provide the
information set out in the Annex to the Commission at the
latest by 24 June 2012. The Commission shall make it available
(14) The
measures
provided
for
in
this
Regulation
are
in
for observations to the EASA, other Member States and
accordance with the opinion of the Single Sky
interested parties at the latest one week after receipt of the
Committee,
information.
HAS ADOPTED THIS REGULATION:
2. The
observations
of
the
EASA,
other
Member
States
and
interested parties shall be submitted to the Commission at the
latest two months after receipt of the information. The
Commission shall without delay communicate the observations
Article 1
received and its own observations to the Member States
Subject matter and scope
concerned.
This Regulation lays down the requirements for:
3. The
Member
States
concerned
shall
duly
consider
the
observations received before establishing their functional
(1) the information to be provided by the Member States
airspace block.
concerned to the Commission, the European Aviation
Safety Agency (EASA), other Member States and interested
Article 5
parties before the establishment and modification of a func
tional airspace block;
Modification of an established functional airspace block
1. For
the
purpose
of
this
Regulation,
an
established
func
tional airspace block shall be considered as modified when a
(2) the procedures for the provision of the information to and
proposed modification shall result in changes to the defined
submission of observations from the parties referred to in
dimensions of the functional airspace block.
point (1), before notification of the functional airspace
block is made to the Commission.
2. At
least
six
months
before
a
modification
is
implemented,
the Member States concerned shall jointly notify the
Article 2
Commission of the proposed changes and provide information
supporting the changes, updating as appropriate the
Definitions
information provided for the establishment of the functional
airspace block. The Commission shall make it available for
For the purpose of this Regulation, the definitions in Article 2
observations to the EASA, other Member States and interested
of Regulation (EC) No 549/2004 shall apply.
parties at the latest one week after receipt of the information.
In addition the following definitions shall apply:
3. The
observations
of
the
EASA,
other
Member
States
and
interested parties shall be submitted to the Commission at the
latest two months after receipt of the information. The
(1) ‘Member States concerned’ means the Member States having
Commission shall without delay communicate the observations
mutually agreed to establish a functional airspace block
received and its own observations to the Member States
under Regulation (EC) No 550/2004.
concerned.
4. The
Member
States
concerned
shall
duly
consider
the
(2) ‘Interested parties’ means the neighbouring third countries
observations received before modifying their functional
to a functional airspace block, relevant airspace users or
airspace block.

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L 51/4
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Official Journal of the European Union
25.2.2011
Article 6
Functional airspace blocks already established
Member States concerned which have already established a functional airspace block prior to the entry into
force of this Regulation shall ensure that the required information laid out in the Annex, which has not
been already submitted as part of their notification, is provided to the Commission at the latest by 24 June
2012.
Article 7
Entry into force
This Regulation shall enter into force on the 20th day following 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, 24 February 2011.
For the Commission
The President
José Manuel BARROSO

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ANNEX
INFORMATION TO BE PROVIDED
PART I
General information
1. The
Member
States
concerned
shall
specify:
(a) the point of contact for the functional airspace block;
(b) the defined dimensions of the functional airspace block;
(c) the jointly designated air traffic service providers and meteorological service providers, if applicable, and their
respective areas of responsibility;
(d) the providers of air traffic services providing services without certification in accordance with Article 7(5) of
Regulation (EC) No 550/2004 and their respective areas of responsibility.
2. The Member States concerned shall provide the following information on the arrangements concluded regarding the
establishment or modification of the functional airspace block, including:
(a) copy of the documents which reflect the mutual agreement of the Member States concerned to establish the
functional airspace block;
(b) information on the arrangements between the national supervisory authorities in the functional airspace block;
(c) information on the arrangements between the air traffic service providers in the functional airspace block;
(d) information on arrangements between competent civil and military authorities in respect of their involvement in
the governance structures of the functional airspace block.
3. Member States concerned may refer to information already provided to the Commission as part of the implemen
tation of the single European sky.
PART II
Requirements of Article 9a(2) of Regulation (EC) No 550/2004
The Member States concerned shall provide information, including supporting documentation, pertaining to the
requirements of Article 9a(2) of Regulation (EC) No 550/2004.
1. Functional
airspace
block
safety
case
With regard to the functional airspace block safety case, the following information shall be provided:
(a) the common safety policy or plans to establish a common safety policy;
(b) a description of the arrangements dealing with accident and incident investigation and plans on how to address
safety data collection, analysis and exchange;
(c) a description of the way in which safety is being managed to avoid degradation in safety performance within the
functional airspace block;
(d) a description of the arrangements clearly identifying and allocating the responsibilities and interfaces with
relation to the setting of safety targets, safety oversight and the accompanying enforcement measures in
regard to the provision of air navigation services within the functional airspace block;
(e) documentation and/or statements that the safety assessment including hazard identification, risk assessment and
mitigation has been conducted before introducing operational changes resulting from the establishment or
modification of the functional airspace block.

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Official Journal of the European Union
25.2.2011
2. Optimum
use
of
airspace,
taking
into
account
air
traffic
flows
The Member States concerned shall provide the following information:
(a) a description of the relations with the relevant network functions for airspace management and air traffic flow
management referred to in Article 6 of Regulation (EC) No 551/2004 of the European Parliament and of the
Council ( 1 ), including the coordination, arrangements and procedures to achieve optimised use of the airspace;
(b) in respect of airspace management within the functional airspace block not covered by the network functions
referred to in Article 6 of Regulation (EC) No 551/2004, information on:
— the arrangements for an integrated airspace management,
— the provisions for sharing of airspace management data,
— the arrangements for an effective cooperative decision-making;
(c) in respect of real time coordination within the functional airspace block:
— a description of how cross-border activities are managed if new areas are created resulting from the
establishment or modification of the functional airspace block.
3. Consistency
with
the
European
route
network
The Member States concerned shall provide information to demonstrate that route design and implementation for
the functional airspace block is consistent with, and completed within, the established process for overall coor
dination, development and implementation of the European route network referred to in Article 6 of Regulation (EC)
No 551/2004.
Member States concerned may refer to information already provided to the Commission as part of the implemen
tation of the single European sky.
4. Overall
added
value
based
on
cost-benefit
analyses
The Member States concerned shall provide statements confirming that:
(a) the cost-benefit analysis was conducted according to industry standard practice, using among others discounted
cash flow analysis;
(b) the cost-benefit analysis provides a consolidated view of the impact of the establishment or modification of the
functional airspace block on the civil and military airspace users;
(c) the cost-benefit analysis demonstrates an overall positive financial result (net present value and/or internal rate of
return) for the establishment or modification of the functional airspace block;
(d) the functional airspace block contributes to a reduction of the aviation environmental impact;
(e) values for costs and benefits, their sources and the assumptions made to develop the cost-benefit analysis were
documented;
(f) the main stakeholders were consulted and provided feedback on the costs and benefit estimates which are
applicable to their operations.
5. Ensure smooth and flexible transfer of responsibility for air traffic control between air traffic service units
The Member States concerned shall provide information to demonstrate that the transfer of responsibility for air
traffic control is smooth and flexible within the functional airspace block. This shall include the following
information on the changes introduced by the establishment or modification of the functional airspace block:
(a) a description of the arrangements for cross border provision of air traffic services;
(b) the arrangements concluded to enhance coordination procedures between the concerned air traffic service
providers within the functional airspace block and further planned initiatives to enhance coordination;
( 1 ) OJ L 96, 31.3.2004, p. 20.

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(c) a description of the arrangements concluded to enhance coordination procedures between the concerned civil
and military air traffic service providers and further planned initiatives to enhance coordination in line with the
concept of flexible use of airspace;
(d) a description of the arrangements concluded to enhance coordination procedures with the concerned adjacent air
traffic service providers, and further planned initiatives to enhance coordination.
6. Ensure compatibility between the different airspace configurations, optimising, inter alia, the current flight information regions
The Member States concerned shall provide information on the available plans how to achieve harmonised organi
sation and classification of different airspace configurations within the functional airspace block. The plans shall
include:
(a) the principles for airspace classification and airspace organisation for the functional airspace block;
(b) the changes of airspace configuration resulting from the harmonisation within the functional airspace block.
7. Regional
agreements
concluded
within
the
ICAO
The Member States concerned shall provide the list of existing regional agreements concluded in compliance with
the framework established by Annex 11 to the Convention on International Civil Aviation which are of relevance
with respect to the establishment and operations of the functional airspace block.
8. Regional
agreements
in
existence
The Member States concerned shall provide a list of existing agreements concluded by one or more of the Member
States concerned, including those with third countries, which are of relevance with respect to the establishment and
operations of the functional airspace block.
9. European
Union-wide
performance
targets
9.1. The Member States concerned shall provide information on the arrangements concluded in order to facilitate
consistency with the European Union-wide performance targets referred to in Article 11 of Regulation (EC) No
549/2004.
9.2. Member States concerned may refer to information already provided to the Commission under the provision of
Article 5 of Commission Regulation (EU) No 691/2010 ( 1 ).
( 1 ) OJ L 201, 3.8.2010, p. 1.

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