Mr Siim Kallas

European Commission Vice-President

Responsible for Transports

Ref: Infringement of Regulation (EC) No 549/2004 of the European Parliament and of the Council, Regulation (EC) No 1070/2009 of the European Parliament and of the Council of 21 October 2009 amending Regulation (EC) No 549/2004, and Regulation (EU) No 691/2010

Dear Vice-President,

According to Article 10 of Regulation (EC) No 549/2004 of the European Parliament and of the Council laying down the framework for the creation of the single European sky (the framework Regulation), and Regulation (EC) No 1070/2009 of the European Parliament and of the Council of 21 October 2009 amending Regulation (EC) No 549/2004, the Member States, acting in accordance with their national legislation, shall establish consultation mechanisms for appropriate involvement of stakeholders, including professional staff representative bodies, in the implementation of the single European sky.

Furthermore according to Article 10 of Regulation (EC) No 691/2010 laying down a performance scheme for air navigation services and network functions and amending Regulation (EC) No 2096/2005 laying down common requirements for the provision of air navigation services, to support the preparation of the performance plans, the national supervisory authorities shall ensure consultation of the stakeholders in accordance with Article 10 of Regulation (EC) No 549/2004 on the performance plan and targets.

Consulting our member organisations, the European Transport Workers' Federation (ETF) has collected evidence that the above Regulations have been violated at least by the following EU member states when setting up the national performance plans due for submission by the end of June 2011: Sweden, Romania, Portugal, France, Bulgaria, Belgium and Ireland.

Indeed, the consultation process in those countries was not conducted at all, or solely information was provided without conducting an adequate consultation process.

Moreover, the following member states have not exercised any consultation process with staff representing bodies during, before or after the revision of the national

performance plans due for submission by end of December 2011: Sweden, Romania, Portugal, France, Bulgaria, Belgium, Ireland, Austria, UK, Italy and Hungary.

The ETF requests the Commission to initiate corrective actions to avoid further or continuous infringement of these Regulations, especially in regard to future mandatory consultation mechanisms in RP1, RP2 and beyond that. As the issue of consultation of staff representing bodies is considered as absolutely crucial for the success of the single European sky, and is treated by ETF with paramount importance, the European Commission is invited to inform us about the measures taken.

Of course, we are ready to meet with you in order to give you more explanation if you wish so.

Thanking you in advance.

Yours sincerely,

Eduardo Chagas

ETF General Secretary

Attachments:

File	Description	File size
Infringement of SES Regulation about Consultation	ETF letter to EC	36 Kb