The single European sky (SES 2+) reform

Brussels – More than eleven years after the Commission's proposal for a reform of the Single European Sky (SES), the European institutions have finally approved the new regulation for better management of European airspace and a lower impact on the environment.

Regulation (EU) 2024/2803 of the European Parliament and of the Council of 23 October 2024 on the implementation of the Single European Sky (known as SES 2+) (1), is the result of a long series of efforts aimed, on the one hand, at European coordination and cooperation of the Member States, and on the other at sustainability and the reduction of emissions in the aviation sector. This regulation will enter into force on 1 December 2024, marking the conclusion of a long and awaited approval process.

In the context of EU integration, which has made enormous progress especially in trade, monetary policy and citizens' mobility, the creation of a Single European Sky remains a complex challenge that still needs to be solved. Despite the EU’s attempts to introduce an integrated system for airspace management — such as the Single European Sky project launched in 1999 (2) — many Member States and their national civil aviation authorities (ENAC for Italy) resist the idea of giving up full control of their airspace. This resistance is motivated both by questions of national sovereignty, as some countries wish to preserve control over their airspace for reasons of safety and autonomy, and by operational difficulties, linked to systems and regulations developed ad hoc to meet specific national needs. Furthermore, differences in infrastructure and technology between Member States complicate full coordination, with high costs to modernise and standardise existing systems.

However, this does not mean that progress cannot be made in strategic sectors such as commercial aviation, and in particular in the harmonisation of European airspace, promoting a common vision capable of combining economic growth and environmental sustainability.

The Single European Sky initiative was launched in 1999 (3) as a response to air traffic congestion and delays in air navigation. The aim was to reduce the fragmentation of European airspace, significantly improving capacity and efficiency in air traffic management.

In the past, European airspace was managed as a fragmented whole, with each state maintaining control of a portion, but this fragmentation often led to inefficiencies. Air routes were subject to significant deviations, resulting in delays, increased fuel consumption and higher operating costs. The Single European Sky initiative instead aims to unify and optimise air traffic management, also using advanced digital technologies to ensure greater efficiency, fluidity and environmental sustainability. In other words, the SES should have sought to replace the national airspace management systems of the EU Member States with an organisationally and technologically integrated pan-European system.

In this context, the adoption of the new SES 2+ Regulation should mark a significant step towards greater integration and sustainability in the aviation sector. A central aspect of SES 2+ is the introduction of a new governance system that aims to strengthen cooperation between Member States and the different national supervisory authorities, while maintaining a balance between the needs of national sovereignty and the European objectives of efficiency and sustainability. To achieve these objectives, the Regulation also provides financial incentives for the modernisation of technological infrastructures and for the adoption of interoperable systems between countries.

The progressive and concrete implementation of the SES 2+ Regulation will be crucial (or at least it should be) to address the current challenges and reap the full benefits promised. With the active involvement of the various stakeholders in the sector, such as airlines, service providers and national authorities, the EU hopes to ensure a safer, more efficient and more environmentally friendly aviation system. The coming years will be crucial to assess the actual impact of the new rules on the competitiveness of the sector and on the quality of services for passengers.

In parallel, the recovery of air traffic highlights the importance of promptly addressing the environmental challenges facing the sector. Air traffic in the first half of 2024 has finally exceeded pre-pandemic levels (4), rekindling the urgency of reducing the environmental impact of the sector. The growth in air traffic therefore brings the environmental challenges facing the sector back to the centre of attention. the theme of the Net Zero Goal by 2050(5), i.e. the global objective of zero CO₂ emissions by 2050, and the large-scale adoption of SAF (Sustainable Aviation Fuel) (6), as a key element to achieve this goal.

In particular, SAF, produced from waste raw materials, represents a key solution to reduce the carbon footprint of the aviation sector. This innovative fuel allows to drastically reduce greenhouse gas emissions associated with flights, contributing to the achievement of global climate goals. However, the production of SAF is still limited and expensive (7), and the sector needs stronger policies and structural incentives to increase production capacity, lower costs and make these fuels competitive with traditional ones. Advanced technologies such as SAF, which promote sustainability and the reduction of carbon emissions, therefore require significant investments (8) and effective and responsible regulatory interventions for their large-scale implementation. In light of this, SAF is not just an option, but an essential element for the decarbonisation of aviation, laying solid foundations for a more sustainable future in the aviation sector.

Sustainable aviation is therefore not a new topic, but to concretely achieve the ambitious objectives set, it is crucial to make progress in this regard. Regulation (EU) 2024/2803 is, in this perspective, a fundamental instrument, as it is committed to improving the climate and environmental performance of European airspace management. Among the main innovations envisaged are tools capable of optimising flight routes, reducing travel times and reducing CO2 emissions thanks to more direct routes and better coordination between the various air navigation service providers.

SES 2+ therefore aims to optimise the organisation and management of airspace in the Union, making it more efficient and sustainable through legislative packages that encompass safety, performance systems and technological and ecological innovation. The current regulatory framework is based on two legislative packages: SES I (9) (adopted in 2004), which established the main legal framework, and SES II (10) (adopted in 2009), which further strengthened the Single European Sky initiative and air traffic management.

The SES packages sought to improve air traffic management (ATM) (11) through the creation of functional airspace blocks (12) designed according to air traffic flows rather than national borders. This strengthened cooperation, optimising the route network and promoting economies of scale, and encouraged collaborations between air navigation service providers (ANS) (13) across national borders, thereby reducing the costs of these services.

However, despite the introduction of important reforms and progress towards a Single European Sky, the Commission noted, already more than eleven years ago, that air traffic management in the EU was still fragmented, costly and inefficient. Delays in achieving performance targets, in implementing airspace blocks and issues related to the independence, competence and resources of NSAs were persistent issues.

In order to address these shortcomings, the European Commission presented already in 2013 a proposal for a revision of the SES (SES 2+) (14), aimed at further reducing the fragmentation of services, strengthening the role of national supervisory authorities, simplifying and unifying the existing regulatory framework, improving the effectiveness and competitiveness of the European aviation system. Although the Parliament (15) adopted its position at first reading in March 2014, the Council (16) approved only a partial general approach, due to the disagreement between the United Kingdom and Spain on the application of the text to Gibraltar airport.

Over the years, several developments have changed the regulatory and negotiating context. First, Brexit has removed one of the obstacles that blocked the negotiations on the 2013 SES 2+ proposal. Second, the adoption of the Paris Agreement and the European Green Deal (17), have made it increasingly urgent, as mentioned above, to reduce CO2 emissions from aviation. Third, since 2013 there have been advances in EU legislation and technology in this area, in particular with the entry into force of the basic regulation of the European Union Aviation Safety Agency (EASA) amended in 2018 (18) with the development of space and aerospace policy, including through the organisation and functioning of the Italian Space Agency (ASI) (19).

This new context has made it essential to update the SES legislation to adapt it to current needs. In September 2020, the Commission proposed again the update of the regulatory framework (20), aimed at reorganising an airspace that is still fragmented and increasingly congested (with the exception of the years of the pandemic). After lengthy negotiations, representatives of the Council and the Parliament reached a provisional agreement on 6 March 2024 (21). The Council approved the agreed text on 26 September 2024 (22) and the Parliament definitively adopted it on 23 October 2024, under the second reading of the ordinary legislative procedure.

As already anticipated, the new Regulation (EU) 2024/2803 will enter into force on 1 December 2024, twenty days after its publication in the Official Journal of the European Union, which took place on 11 November 2024. This long-awaited milestone aims to have a profound impact on the daily lives of millions of citizens.

The main objective of SES 2+ is to create an integrated European air traffic management system that, by optimising the use of airspace, can increase safety and significantly reduce environmental impact. European airspace is in fact subject to numerous delays, caused by various factors such as strikes, adverse weather conditions, technical problems and supply difficulties. Aircraft usually do not take the shortest route to a destination for a variety of reasons, including the need to avoid flying over military zones and states with higher route charges, as well as congestion and weather issues. These limitations result in increased fuel consumption and CO2 emissions, as well as further delays. In practice, the Single European Sky should reduce flight times (through shorter routes and fewer delays) and, consequently, reduce flight costs and aircraft emissions. An updated SES framework should not only facilitate the transition towards a clear future vision, but also include strong incentives and clear and binding targets to encourage EU Member States, responsible for managing the ATM system, to improve the efficiency of the system, thus contributing positively to environmental objectives.

Among the main novelties of the Regulation is the establishment of a fully independent and impartial Performance Review Board (PRB) (23). This Board has a purely advisory role, assists the Commission in carrying out its tasks by providing opinions and recommendations, and also develops guidance material to support national supervisory authorities (in Italy this authority is represented by ENAC). The performance scheme for air navigation services and network management in the Single European Sky has been significantly strengthened with the reform of the SES. It includes binding performance targets at Union level, improvement plans and systems of positive incentives and financial disincentives, in particular with regard to climate and the environment.

The performance scheme is based on the collection and evaluation of relevant information and indicators, in particular traffic forecasts and operational data provided by Eurocontrol (24). It is to be implemented in reference periods, which may range from a minimum of 3 years to a maximum of 5 years. In this way, the EU therefore aims to achieve gradual improvements in the climate and environmental, as well as operational and economic performance of air navigation services.

Therefore, network functions (25) in the context of air traffic management aim to optimise the use of airspace and limited resources, ensuring safe, efficient and sustainable operations. They include activities such as airspace design, traffic flow management, resource coordination, and network crisis management. These functions support the achievement of the European Union performance objectives, without prejudice to the sovereignty of Member States over their airspace.

On paper, the imminent entry into force of Regulation (EU) 2024/2803 seems to be a real milestone for better management of the Single European Sky and a more competitive and sustainable Europe. At the Wings of Change Europe (WOCE) conference, held in Rome on 20 November, where they dedicated a panel entitled “SES is dead”(26) to the topic, Willie Walsh, the Director General of the international air transport association IATA, called on Europe to take concrete action to help reduce CO2 emissions: “What is needed is practical action, such as the relaunch of the Single European Sky which could reduce emissions by 10 per cent from one day to the next. or the other, and better incentives to increase the production of Saf, the sustainable aviation fuel”(27).

Nonetheless, some clarifications are needed. The entry into force of SES 2+ does not imply its automatic and direct implementation, which will instead have to be implemented over time in an effective and concrete manner. According to some, the agreement on the single European sky was a result that should have been achieved for some time and the text adopted would not live up to expectations (28), since, moreover, it does not provide sufficiently stringent rules to address the current climate emergency.

Therefore, although Brussels has presented SES 2+ as a success, the initiative appears destined to fail to meet the expectations of airspace users. It is paradoxical to observe how, in a European Union where the single market and customs systems have been functioning efficiently for years, the same does not happen for airspace, where fragmentation and inefficiency continue to prevail. With the urgency of improving air traffic efficiency and accelerating the path towards decarbonisation, we need to rethink alternatives beyond airspace modernisation, exploring solutions that go beyond the current SES proposals and solve this intricate issue.

In conclusion, Regulation (EU) 2024/2803 represents an important step towards a more coordinated and efficient management of European air traffic, but its success will depend on the effective implementation of the rules and the ability to respond to climate and operational challenges with concrete and ambitious measures.

*Rplt Rp legalitax

(1) Regulation (EU) 2024/2803 of the European Parliament and of the Council of 23 October 2024 on the implementation of the Single European Sky (recast) (Text with EEA relevance). (2) Communication from the Commission to the Council and the European Parliament - The creation of the Single European Sky /* COM/99/0614 def. */.
(3) Ibidem.
(4) On this point, see Report I Semester 2024 published by ENAC; Traffic data published by ADR and Market analysis published monthly by IATA for international traffic.
(5) On this point, see Long-term strategy for 2050.
(6) On this point, see Sustainable Aviation Fuels and the role of ENAC.
(7) On this point, see “Sustainable aviation: Saf struggles to take flight among green fuels” by Maurizio Corain and Giovanna Caterina Guincelli; By Asla – l’Associazione degli Studi Legali Associati, published in The MediTelegraph on 7 February 2024.
(8) On this point, see ICAO promotes sustainable aviation fuel investment platform with development banks (October 2024).
(9) It includes Regulation (EC) No. 549/2004 laying down the framework for the creation of the Single European Sky, Regulation (EC) No. 550/2004 on the provision of air navigation services, Regulation (EC) No. 551/2004 on the organisation and use of the airspace in the Single European Sky and Regulation (EC) No. 552/2004 on the interoperability of the European Air Traffic Management network.
(10) SES I was amended by Regulation (EC) No. 1070/2009 in order to improve the functioning and sustainability of the European aviation system.
(11) ATM represents “the complex of air and ground functions and services, in particular air traffic services, airspace management and air traffic flow management, including the design of flight procedures, required to ensure the safe and efficient movement of aircraft during all phases of operations” (see Art. 2.9 Regulation (EU) 2024/2803).
(12) The airspace block represents “an airspace of defined dimensions, in space and time, consisting of one or more airspace structures, within which air navigation services are provided” (see Art. 2.11 Regulation (EU) 2024/2803).
(13) ANS represent “air traffic services, communication, navigation and surveillance services (CNS), including services that enhance the signals emitted by satellites belonging to the basic GNSS constellations for the purposes of air navigation, meteorological services for air navigation (MET), aeronautical information services (AIS) and air traffic data services (ADS)” (see Art. 2.5 Regulation (EU) 2024/2803).
(14) Proposal for a Regulation of the European Parliament and of the Council on the creation of the single European sky (recast) /* COM/2013/0410 final - 2013/0186 (COD) */ P7_TA(2014)0220 Creation of the single European sky ***I European Parliament legislative resolution of 12 March 2014 on the proposal for a regulation of the European Parliament and of the Council on the creation of the single European sky (recast) (COM(2013)0410 — C7-0171/2013 — 2013/0186(COD))
(15) P7_TC1-COD(2013)0186 Position of the European Parliament adopted at first reading on 12 March 2014 with a view to the adoption of Regulation (EU) No …/2014 of the European Parliament and of the Council on the creation of the single European sky (recast)Text with EEA relevance.
(16) Procedure 2013/0186/COD COM (2013) 410: Proposal for a Regulation of the European Parliament and of the Council on the creation of the Single European Sky (recast), partial agreement.
(17) On this point, see Long-term strategy 2050.

(18) 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 1223/2009 and (EC) No 1224/2009. 552/2004 and (EC) No 216/2008 of the European Parliament and of the Council and Council Regulation (EEC) No 3922/91 (Text with EEA relevance.)

(19) Measures for the coordination of space and aerospace policy and provisions concerning the organisation and functioning of the Italian Space Agency (Law 11 January 2018 No 7) (20) Amended proposal for a Regulation of the European Parliament and of the Council on the implementation of the Single European Sky (recast) COM/2020/579 final.
(21) On this point, see Single Sky Reform: Council and Parliament agreement to improve the efficiency of airspace management in the EU.
(22) 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) - Adopted by the Council on 26 September 2024.
(23) see Art. 13-17 Regulation (EU) 2024/2803.
(24) The European Organisation for the Safety of Air Navigation, established by the International Convention on Cooperation for the Safety of Air Navigation of 13 December 1960 (see Art. 2.34 Regulation (EU) 2024/2803).
(25) see Art. 37 Regulation (EU) 2024/2803.
(26) On this point, see WOCE 2024 Programme p. 5.
(27) On this point, see Relaunching the Single European Sky and alternative fuels: here is the recipe for reducing emissions from EU flights. According to ANSA, Matteo Ricci, MEP of the S&D group and Vice-President of the Infrastructure, Transport and Tourism Committee of the European Parliament, recently declared, during a speech in plenary session, that the text "does not live up to expectations" and underlined how a single airspace is essential to improve the efficiency and sustainability of European mobility (see ANSA, 22 October 2024).