The Commission decided today to send a reasoned opinion to Belgium for failing to comply with its obligations under EU rules on the flexible use of airspace (Regulation (EU) No 2150/2005). This Regulation sets out EU rules to ensure better cooperation between civil and military entities responsible for air traffic management that operate in the airspace under the responsibility of Member States.
According to this Regulation, the coordination between civil and military authorities must be organised at strategic, pre-tactical and tactical levels through the establishment of agreements and procedures in order to increase safety and airspace capacity, and to improve efficiency and flexibility of aircraft operations. Member States also must appoint or establish an airspace management cell to allocate strategic airspace in accordance with the defined conditions and procedures.
Until now, Belgium has failed to establish an airspace management cell that would take on these tasks. Belgium has two months to inform the Commission of the measures taken to remedy the situation, following which the Commission may decide to refer the case to the Court of Justice of the EU.