8.6.2007 Official Journal of the European Union L 146]7 COMMISSION REGULATION (EC) No 633/2007 of 7 June 2007 laying down requirements for the application of a flight message transfer protocol used for the purpose of notification, coordination and transfer of flights between air traffic control units (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 552/2004 of the European Parliament and of the Council of 10 March 2004 on the inter- operability of the European Air Traffic Management network (the interoperability Regulation) ('), and in particular Article 3(1) 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) (?), and in particular Article 8(2) thereof, Whereas: (1)  Information exchanges between flight data processing systems are established between air traffic control units for the purposes of notification, coordination and transfer of flights and for the purposes of civil-military coordination. These information exchanges should rely upon appropriate and harmonised communication protocols to secure their interoperability. (2)  The European Organisation for the Safety of Air Navi- gation (Eurocontrol) has been given a mandate in accordance with Article 8(1) of Regulation (EC) No 549/2004 to develop requirements for a flight message transfer protocol to be used for the purpose of notifi- cation, coordination and transfer of flights. This Regu- lation is based on the resulting mandate report of 31 March 2005. (3)  The Eurocontrol standard for Flight Data Exchange was annexed to Commission Regulation (EC) No 2082/2000 of 6 September 2000 adopting Eurocontrol standards and amending Directive 97/15/EC, adopting Eurocontrol standards and amending Council Directive 93/65/EEC (%), making its use mandatory within the Community in the event of procurement of new flight data processing systems. As Regulation (EC) No 2082/2000 was () OJ L 96, 31.3.2004, p. 26. () O] L 96, 31.3.2004, p. 1. (®) OJ L 254, 9.10.2000, p. 1. Regulation as amended by Regulation (EC) No 980/2002 (OJ L 150, 8.6.2002, p. 38). () 0) repealed with effect from 20 October 2005, it is necessary to update Community legislation, so as to ensure the consistency of relevant regulatory provisions. It is becoming more and more difficult and costly to maintain Communication equipment and software complying with the Eurocontrol standard for Flight Data Exchange. An appropriate new standard to support the exchange of flight data should therefore be adopted. The Transmission Control Protocol together with the Internet Protocol (TCP[IP) is currently considered as the most appropriate basis to meet the communication requirements of flight data exchanges between air traffic control units. This Regulation should cover the application of a flight message transfer protocol used for the information exchanges in accordance with Commission Regulation (EC) No 1032/2006 of 6 July 2006 laying down requirements for automatic systems for the exchange of flight data for the purpose of notification, coordination and transfer of flights between air traffic control units (¥). This Regulation should not cover military operations and training as referred in Article 1(2) of Regulation (EC) No 549/2004. In a statement on military issues related to the Single European Sky (°), the Member States committed them- selves to cooperate with each other, taking into account national military requirements, in order that the concept of flexible use of airspace is fully and uniformly applied in all Member States by all users of airspace. The application of the concept of flexible use of airspace, as defined in Article 2(22) of Regulation (EC) No 549/2004, requires the establishment of systems for the timely exchange of flight data between air traffic service units and controlling military units. 186, 7.7.2006, p. 27. o L OJ L 96, 31.3.2004, p. 9.