Endorsed by European legislation

FABEC is built on four legal pillars: the SES legislation, a treaty between its six States, a cooperation agreement among the national supervisory agencies and a cooperation agreement among the civil air navigation service providers. They are supplemented by specific agreements, such as on cross-border issues, safety teams and the common training of air traffic controllers. In keeping with European and international demands, the six FABEC States registered the operational set-up of FABEC with the European Commission and lodged the treaty signed by the six member States with the International Civil Aviation Organisation (ICAO).

SES legislation went in force 2004 and is based on assumptions, political models and studies from the last century characterised by the ideas of unlimited growth of air traffic, the transfer of public tasks to the private sector and increased efficiency through centralisation. The effects of the 2020-21 pandemic and the experience with some privatisations of critical infrastructures as well as the political reorientation towards ecological goals require a new approach. Hence, the European transport ministers agreed in June 2021 on a common position (General Approach). Discussions are underway between the European Parliament, the European Commission and the Council of Transport Ministers to update SES legislation.