L 342/20 Official Journal of the European Union 24.12.2005 COMMISSION REGULATION (EC) No 2150/2005 of 23 December 2005 laying down common rules for the flexible use of airspace (Text with EEA relevance) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Regulation (EC) No 551/2004 of the European Parliament and of the Council of 10 March 2004 on the orga- nisation and use of airspace in the single European sky (!) and in particular Article 7(3) thereof, Having regard to Regulation (EC) No 549/2004 of the European Parliament and the Council of 10 March 2004 laying down the framework for the creation of the single European sky (the framework Regulation) (3), and in particular Article 8(2) thereof, Whereas: (1)  Flexible use of airspace is an airspace management concept described by the International Civil Aviation Organisation (ICAO) and developed by the European Organisation for the Safety of Aviation (Eurocontrol), according to which airspace should not be designated as either purely civil or purely military airspace, but should rather be considered as one continuum in which all users’ requirements have to be accommodated to the maximum extent possible. (2)  Eurocontrol has been mandated in accordance with Article 8(1) of Regulation (EC) No 549/2004 to assist the Commission in the development of implementing rules on flexible use of airspace. This Regulation takes full account of the resulting mandate report of 30 December 2004 issued by Eurocontrol. (3)  This Regulation does not cover military operations and training as referred to in Article 1(2) of Regulation (EC) No 549/2004. (4)  The Member States undertook, in a Statement on Military Issues related to the Single European Sky (%), to cooperate with each other, taking into account national military requirements, in order to ensure that the concept of flexible use of airspace is fully and uniformly applied in all Member States by all users of airspace. (5)  The report issued jointly by the Eurocontrol Performance Review Unit and the Eurocontrol agency in October () O] L 96, 31.3.2004, p. 20. () OJ L 96, 31.3.2004, p. 1. () O] L 96, 31.3.2004, p. 9. (10) (11) 2001 states that there is a significant scope for improving the current application of the flexible use of airspace within Europe. Common rules for giving effect to that improvement should now be adopted. The of the flexible use of airspace concept covers also airspace over the high seas. Its application should therefore be without prejudice to the rights and duties of Member States under the Convention on International Civil Aviation (Chicago Convention) of 7 December 1944 and its annexes, or to the 1982 UN Convention on the Law of the Sea. There are activities which require the reservation of a volume of airspace for their exclusive or specific use for determined periods, owing to the characteristics of their flight profile or their hazardous attributes and the need to ensure effective and safe separation from non- participating air traffic. Effective and harmonised application of flexible use of airspace throughout the Community needs clear and consistent rules for civil-military coordination which should take into account all users’ requirements and the nature of their various activities. Efficient civil-military coordination procedures should rely on rules and standards to ensure efficient use of airspace by all users. It is essential to further cooperation between neigh- bouring Member States and to take into account cross- border operations when applying the concept of flexible use of airspace. Differences in the organisation of civil-military coop- eration in the Community restrict uniform and timely airspace management. It is therefore essential to identify the persons andfor organisations which are responsible for the application of the flexible use of airspace concept in every Member State. This information should be made available to the Member States. Consistent procedures for civil-military coordination and use of common airspace are an essential condition for the establishment of functional airspace blocks as defined in Regulation (EC) No 549/2004.