The Single European Sky

The author of this paper (Paragraph No. 20,251) notes that European air traffic control organizations control relatively small portions of airspace. Aircraft are therefore frequently transferred to ATC organizations of neighboring States. The sustained air traffic growth and current ATC practice result in severe air traffic delays, the author writes. According to the author, several European initiatives have been undertaken to ensure an efficient and orderly flow of air traffic. States allow ATC organizations of neighboring States to provide ATC services in their airspace. Furthermore, via a multilateral agreement States have granted an international operating agency (EUROCONTROL) the right to provide en-route services over their territory. These developments bring about interesting questions on international State responsibility and State liability, the author writes. At the national level there are also restructuring developments. Running a state-of-the-art ATC system requires heavy governmental funding. By transferring powers to (semi-) private entities, ATC organizations no longer rely on governmental funding and depend on route charges levied. States have drafted national legislation dealing with this matter. Again, liability matters should be taken into account. The European Commission tries to encounter ATC delays from a broader point of view, the author observes. By launching its "Single European Sky" initiative, the Commission questions the way air traffic management is organized in Europe and focuses on the revision of European airspace as a whole. EUROCONTROL has also been very productive in the field of regulatory and practical integration of various ATC systems in the EU, but lacks regulatory powers. The author adds that joint EUROCONTROL and EC regulatory framework might safeguard EUROCONTROL's interest. Wrapping up the single sky plan, an ambiguity is put forward. Whereas the EU focuses on international restructuring of airspace, national restructured ATC organizations focus and protect their national market. The author cautions that this practice might endanger the single sky concept as a whole.