Summary

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Photo: Civil Aviation Authority of Norway

The airspace is an important national resource and part of our territory in the same manner as our mainland and territorial waters. Access to the domestic airspace is not just a prerequisite for safeguarding state and public security, it is also a prerequisite for the normal functioning of society. The airspace has numerous areas of use, including civil and military aviation, space activities in transit, as well as communication and commercial activities. Its users have traditionally consisted of the Norwegian Armed Forces, airlines and air sports actors. However, new technologies, such as unmanned aerial vehicles, have resulted in new users and additional areas of use in recent years. Development trends in the areas of technology, regional security, supranational regulation and exercise of public authority, as well as an increase in the number of users, indicate a greater awareness of – and clear guidelines for – the administration of the airspace. This is also the background for the Norwegian Government’s development of a Norwegian Airspace Strategy.

Technologies, the number and types of airspace users and international regulations are rapidly and continuously developing. Therefore, the Strategy must be understood as a living document and the need for revisions will be assessed continuously.

The overarching objectives and initiatives in the Strategy are summarised below.

Clarifying the extent of the airspace and safeguarding Norwegian interests

An important starting point for being able to maintain sovereignty and optimal administration of the airspace is knowledge of, and a conscious attitude regarding the geographical boundaries of the airspace. The airspace is three dimensional, with clarified boundaries horizontally in relation to other states and down to the mainland, whereas the boundaries upward/outward toward outer space are not uniformly defined. The geographical boundaries of the airspace is an important framework condition for the administration thereof and there are strong interests underpinning such a clarification.

The state also has interests beyond our sovereign airspace. For instance, flights and other use of the airspace in the High North and Arctic areas are a natural part of the strategic assessments of the frameworks for airspace use.

The Norwegian Government will:

• Actively participate to promote Norwegian interests in international fora regarding the delimitation of conventional airspace and outer space, and flights in the border areas between conventional airspace and outer space. 
• Actively participate in promoting Norwegian interests relating to the High North in international fora. 

Clarifying roles and responsibilities

Several government ministries and state enterprises have roles and responsibilities relating to the airspace and contribute to establishing the frameworks for current and future use of the airspace. The Ministry of Transport, Civil Aviation Authority of Norway and Avinor play a particularly important role in the civil context, as do the Ministry of Defence and Norwegian Armed Forces in the military context. The Ministry of Trade, Industry and Fisheries and Norwegian Space Agency are responsible for the administration of Norwegian interests in outer space. It is important that the various authorities have unambiguous and clarified areas of responsibility, and that they are funded and structured to safeguard these areas. It is also important to ensure good interaction between the actors. The general developments in aviation, including the opening for international commercial actors and increased preparedness requirements on the part of the Norwegian Armed Forces, challenge the model in terms of funding and provision of services.

Safe and efficient use of the airspace requires a close cooperation between civil and military airspace users and authorities. Development and strengthening of the cooperation in respect of civil-military use is an important element in the Strategy. The Minister of Transport is responsible for the use of the airspace, on behalf of the Norwegian State. The Minister of Defence is responsible for safeguarding security and defence policy duties and functions in the Norwegian airspace, based on a solid civil-military cooperation in times of peace, crisis and war.

The Norwegian Government will:

• Facilitate the integration of the Norwegian Armed Forces’ needs and requirements in the public administration and provision of services, including military requirements for airspace administration and requirements for competence and certification to manage national and allied military operations.
• Assess new arenas for cooperation across sectors to contribute to the safeguarding of the state’s overall needs in the airspace.
• Review and update the current system for funding of airspace services.

Safeguarding Norwegian interests in international regulatory developments

Aviation is a global industry and states are dependent on close cooperation regarding development and follow-up of rules and framework conditions. The UN’s International Civil Aviation Organization (ICAO), the defence cooperation under the auspices of NATO and, not least, the cooperation in the EU, are especially important for the development of Norwegian airspace policy.

The EU has comprehensive plans and works underway of significance for administration and control of the airspace, cf. Chapter 5. This will also have consequences beyond the strictly geographical area for which EU member states have jurisdiction. The EU’s most recent initiatives and proposals for regulations build upon existing legislation under Single European Sky (SES). Desires for stronger harmonisation and improvement of efficiency may conflict with states’ interest in the administration of their own airspace. The EU’s decision-making competence in certain areas is proposed further expanded, but at the same time coordinated and within the Performance Scheme.

Currently, the specific legislative proposals (SES 2+) are being discussed in the Council and Parliament. It must be taken into account that in a somewhat more long-term perspective, there may be significant changes that Norway will have to relate to in a considered and qualified manner. The proposals will be of significance for both civil and military aviation and airspace use.

Through NATO, Norway is obliged to enable NATO operations in Norwegian airspace and prepare the transition for a NATO takeover of Norwegian airspace. The establishment of a situational overview in the air and “Air Policing” with combat aircraft of the alliance’s airspace is an ongoing and continuous NATO-led operation and thereby a prerequisite for our national assertion of sovereignty in the airspace. NATO has its own expert committees that regulate airspace and military aviation in times of peace, crisis and war. These are formalised in operational plans, standing directives and STANAGs that are presumed applied in the airspace of all member states. Experiences from the EU and NATO’s various committees indicate that the coordination efforts between them are not sufficient from a Norwegian perspective, and this is especially clear for the defence sector. Norway must – similar to the rest of the EU/EEA – be able to address conflicting instructions and comply if obligations imposed on the defence sector are followed up and made legally binding within the transport sector’s area of responsibility.

In addition to the international frameworks, the Norwegian Armed Forces has, through among other things, NORDEFCO, developed binding cooperation concerning airspace use across national boundaries. This is relevant in the High North, primarily in the North Sea Basin and in Skagerrak. A further development of this cooperation may yield operational and preparedness benefits for several sectors in the state.

The Norwegian Government will:

• Safeguard Norwegian civil and military legitimate interests in the implementation of the EU’s new initiatives under Single European Sky, including by ensuring the safeguarding of the Norwegian Constitution’s provisions regarding relinquishment of authority.
• Review how our obligations in relation to NATO are made legally binding in Norway.
• Further develop the cooperation regarding shared use of airspace across national boundaries based on the NORDEFCO model, in order to meet the needs of the Norwegian Armed Forces and other government agencies.

Review of national provisions pertaining to the airspace

Increased activity in the airspace, increased needs on the part of existing actors, and increased interest from parties other than the familiar actors, increases the pressure for clearer guidelines and rules governing the use the conventional airspace, but also in order parts of the airspace. This especially applies to drones and other unmanned aerial vehicles for use of the upper parts of the airspace towards outer space. Efforts are underway in the aviation sector under the auspices of ICAO and the EU regarding Higher Airspace, at the same time as commercial interests and commercial uses of a newer and less familiar nature are emerging.

The legal basis for the administration of the airspace must be clear and updated. The Norwegian Aviation Act is from 1993, a time when the challenges were somewhat different. New users have emerged and the traditional users are undergoing a transition, and there is a need for innovative thinking. The regulations have to be sufficiently flexible and robust.

A more challenging security policy situation and the developments in respect of military air operations require a clearer legal basis in order to meet our security needs, especially in crisis situations where both public and state security are challenged simultaneously, but also to be able to quickly receive allied assistance within the framework of NATO.

The Norwegian Government will:

• Assess the need for a revision of the aviation legislation’s provisions regarding use and administration of the airspace.
• Review preparedness measures and preparedness agreements so that the Norwegian Armed Forces receives the necessary provision of services for military preparedness purposes in times of peace, crisis and war.

Prioritising airspace users according to the purpose of the flight

As a main rule, the regulations allow for multiple airspace users to utilise the airspace, simultaneously. However, ever-increasing traffic may entail a necessity to prioritise between various airspace users, between civil and military users and between commercial and other types of flights.

The Civil Aviation Authority of Norway and the Norwegian Armed Forces have jointly developed a priority list for access to the airspace, where the purpose of the activity is the most important priority criterion:

1. Air ambulance services take priority above all other traffic.
2. Military operations (manned and remotely operated) in connection with the assertion of Norwegian sovereignty, exercising of public authority and in connection with crisis management and other armed missions always take priority above civil aviation.
3. Flights in connection with police and customs assignments, search and rescue, other crisis management and other acute government missions, e.g., in connection with nature inspections, take priority above other civil aviation and military training flights.
4. Open Skies flights take priority above all other flights except air medical services and government missions.
5. Commercial aviation and military training flights are given approximately the same priority, but with the following adaptations:
1. The need for airspace shall not result in the closure of airports.
2. Commercial civil scheduled traffic takes priority on the routes between the biggest Norwegian cities, between Southern and Northern Norway, helicopter traffic offshore and traffic to and from Svalbard.
3. Larger military exercises where Norwegian forces are participating shall be given particular weight.
4. Preparedness exercises are given considerable weight, although less than military exercises where Norwegian forces are participating.
5. Military training flights are given priority in predetermined areas, as long as these are booked in accordance with the Flexible Use of Airspace (FUA) Concept.
6. Scheduled traffic is given priority above non-scheduled traffic.
7. Passenger traffic takes priority above cargo transport.
6. Other commercial flights (line inspections, sling-load etc., commercial general aviation).
7. Aviation Flight school.
8. Drone flights for commercial use.
9. General aviation for recreation use, including air sports.
10. Drone flights for recreation use.

The Norwegian Government will:

• Under normal circumstances prioritise airspace users according to the purpose of the flight and review the prioritisations in the transition from normal circumstances to crises.

Ensuring secure and efficient infrastructure for airspace use

Secure and efficient infrastructure is fundamental for aviation and use of the airspace. In recent years, there has been a shift from traditional and ground-based systems for digital and often satellite-based systems (GNSS). This is a result of technological developments and ICAO’s and the EU’s requirements for the introduction of performance-based navigation, which Norway has also implemented. The use of GNSS and performance-based navigation offer improved utilisation of the airspace and contribute to more efficient and environmentally friendly aviation. At the same time, there are potential security and vulnerability aspects involved in the considerable GNSS dependency.

With the continued development and upgrading of systems, such vulnerabilities must be addressed and it is necessary to make balanced considerations when new infrastructure is established and existing infrastructure is upgraded. It is important that Norwegian authorities in international, regional and bilateral aviation contexts share Norwegian experiences with GNSS/GPS disruptions with a view of developing good solutions for critical infrastructure in the field of aviation and airspace use.

The Norwegian Government will:

• Facilitate in order for systems that underpin preparedness functions in the airspace to have sufficient protection and redundancy in order to ensure continued operations following possible outages or compromising of civil computer networks, GPS signals etc.
• Ensure that Norway, together with other European countries, follows up the problems relating to GNSS disruptions in aviation in relation to ICAO in a joint European initiative on GNSS disruptions and vulnerabilities.
• Actively follow-up the development of technologies and services relating to the special conditions for aviation in the High North, in order to support the state’s strategic efforts and needs.
• Ensure that the national capability for airspace monitoring is viewed from a Total Defence perspective.

Lower emissions and less noise pollution

In most cases, traditional uses of the airspace involve emissions of greenhouse gases and noise. Through the Paris Agreement, Norway has committed to reducing greenhouse gas emissions and it is a national target to reduce noise pollution. Adaptations of airspace use can contribute to reduced emissions and noise pollution.

The Norwegian Government will:

• Continue the work on developing and utilising flight operational improvements at as many airports as possible in order to reduce greenhouse gas emissions and noise pollution for the airports’ neighbours and support the EU’s regulatory initiatives in this area.
• Follow-up the research relating to the climate impacts of emissions from aviation at higher altitudes.

Facilitating research, development and innovation relating to the Norwegian airspace

Norwegian actors in the area of airspace use must have access to a well-developed and future-oriented knowledge base and development scenarios. Some of this can be obtained from organisations and R&D environments abroad, but Norway has to establish its own knowledge environment relating to administration and use of the airspace and ensure a continuous updating of Norwegian innovation environments and in administrative and policy assessments and decisions.

The Norwegian Government will:

• Facilitate the systematic enhancement of knowledge regarding airspace use and the airspace, including considering the establishment of an RDI programme that can deliver research-based knowledge regarding the use of the airspace and development trends in a 10-20-year perspective.