
Article 1 

1. This Regulation establishes a harmonised airspace classification to be applied above flight level 195 and lays down harmonised requirements for access of flights operated under visual flight rules to this airspace.
2. In accordance with Article 1(3) of Regulation (EC) No 551/2004, this Regulation shall apply in the airspace within the International Civil Aviation Organisation European (ICAO EUR) and African (ICAO AFI) regions where Member States are responsible for the provision of air traffic services.
Article 2 
In addition to the relevant definitions set out in Article 2 of Regulation (EC) No 549/2004, the following definitions shall apply:

1.. ‘airspace reservation’ means a defined volume of airspace temporarily reserved for exclusive or specific use by categories of users;
2.. ‘air traffic services unit’ means a unit, civil or military, responsible for providing air traffic services;
3.. ‘instrument flight rules flights’ (IFR flights) means any flights operated under instrument flight rules as defined in Annex 2 to the 1944 Chicago Convention on International Civil Aviation;
4.. ‘flights operated under visual flight rules’ (VFR flights) means any flights operated under visual flight rules as defined in Annex 2 to the 1944 Chicago Convention on International Civil Aviation;
5.. ‘airspace classification’ means the classification of airspace into air traffic services airspaces of defined dimensions, alphabetically designated, and within which specific types of flights may operate and for which air traffic services and rules of operation are specified; air traffic services airspaces are classified as Class A to G as defined by Chapter 2, paragraph 6.1. of Annex 11 to the Chicago Convention on International Civil Aviation.
Article 3 

1. Member States shall classify all airspace above flight level 195 as Class C Airspace.
2. Subject to Article 4, Member States shall ensure that in Class C Airspace IFR and VFR flights are permitted, all of these flights are provided with an air traffic control service and that IFR flights are separated from other IFR flights and from VFR flights.VFR flights shall be separated from IFR flights and shall receive traffic information in respect of other VFR flights.
Article 4 
In airspace above flight level 195 Member States may establish an airspace reservation, where practical, in which VFR flights may be allowed.
In airspace above flight level 195, up to and including flight level 285, VFR flights may also be authorised by the responsible air traffic services unit in accordance with the authorisation procedures established and published by Member States in the relevant aeronautical information publication.
Article 5 
This Regulation shall enter into force on the 20th day following its publication in the Official Journal of the European Union.
It shall apply from 1 July 2007.
This Regulation shall be binding in its entirety and directly applicable in all Member States.Done at Brussels, 11 May 2006.
For the Commission
Jacques BARROT
Vice-President