Commission Regulation (EU) 2015/340 of 20 February 2015 laying down technical requirements and administrative procedures relating to air traffic controllers' licences and certificates pursuant to Regulation (EC) No 216/2008 of the European Parliament and of the Council, amending Commission Implementing Regulation (EU) No 923/2012 and repealing Commission Regulation (EU) No 805/2011 Text with EEA relevance

Article 1

Subject matter and scope

This Regulation lays down detailed rules for:

(a) the rules and procedures for issuing, maintaining, amending, limiting, suspending or revoking air traffic controller and student air traffic controller licences and associated ratings and endorsements, including the rules and procedures for the conversion of national air traffic controller licences obtained during military service into Union air traffic controller licences, and the privileges and responsibilities of the holders of those licences, ratings and endorsements;

(b) the conditions for issuing, limiting, suspending and revoking air traffic controllers and student air traffic controllers' medical certificates, and the privileges and responsibilities of those holding them;

(c) the certification of aero-medical examiners and aero-medical centres for air traffic controllers and student air traffic controllers;

(d) the certification of air traffic controller training organisations;

(e) the conditions for validating revalidating, renewing and using such licences, ratings, endorsements and certificates.

This Regulation shall apply to:

(a) student air traffic controllers and air traffic controllers exercising their functions within the scope of Regulation (EU) 2018/1139;

(b) persons and organisations involved in the licensing, training, testing, checking and medical examination and assessment of applicants in accordance with this Regulation.

Article 2

Compliance with requirements and procedures

Air traffic controllers employed by air navigation service providers providing air traffic services in the airspace of the territory to which the Treaty applies and having their principal place of operations and their registered office, if any, located outside the territory subject to the provisions of the Treaty, shall be deemed to have been licenced in accordance with paragraph 1, where they meet both of the following conditions:

(a) they hold an air traffic controller licence issued by a third country in accordance with Annex 1 to the Chicago Convention;

(b) they have demonstrated to the competent authority referred to in Article 6 that they have received training and successfully passed examinations and assessments equivalent to those required by Part ATCO, Subpart D, Sections 1-4, set out in Annex I.

The tasks and functions assigned to the air traffic controllers referred to in the first subparagraph shall not exceed the privileges of the licence issued by the third country.

Practical instructors and assessors employed by a training organisation located outside the territory of the Member States shall be deemed to have been qualified in accordance with paragraph 1, where they meet both of the following conditions:

(a) they hold an air traffic controller licence issued by a third country in accordance with Annex I of the Chicago Convention with a rating and, if applicable, rating endorsement corresponding to the one for which they are authorised to instruct or assess;

(b) they have demonstrated to the competent authority referred to in Article 6 that they have received training and successfully passed examinations and assessments equivalent to those required by Part ATCO, Subpart D, Section 5, set out in Annex I.

The privileges referred to in the first subparagraph shall be specified in a certificate issued by a third country and shall be limited to provide instruction and assessment for training organisations located outside the territory of the Member States.

Article 3

Provision of air traffic control services

Article 4

Definitions

For the purposes of this Regulation, the following definitions shall apply:

(1) ‘abnormal situation’ means circumstances, including degraded situations, which are neither routinely nor commonly experienced and for which an air traffic controller has not developed automatic skills;

(2) ‘acceptable means of compliance (AMC)’ means non-binding standards adopted by the Agency to illustrate means by which to establish compliance with Regulation (EU) 2018/1139 and its delegated and implementing acts;

(3) ‘air traffic control (ATC) service’ means a service provided for the purpose of: (a) preventing collisions: — between aircraft, and — in the manoeuvring area between aircraft and obstructions; and (b) expediting and maintaining an orderly flow of air traffic;

(4) ‘air traffic control (ATC) unit’ means a generic term meaning variously, area control centre, approach control unit or aerodrome control tower;

(5) ‘alternative means of compliance’ means an alternative to an existing AMC or a new means to establish compliance with Regulation (EU) 2018/1139 and its delegated and implementing acts for which no associated AMC have been adopted by the Agency;

(6) ‘assessment’ means an evaluation of the practical skills leading to the issue of the licence, rating and/or endorsement(s) and their revalidation and/or renewal, including behaviour and the practical application of knowledge and understanding being demonstrated by the person being assessed;

(7) ‘assessor endorsement’ means the authorisation entered on and forming part of the licence, indicating the competence of the holder to assess the practical skills of student air traffic controller and air traffic controller;

(7a) ‘credit’ means the recognition of the training undertaken by an air traffic controller during their military service for the purpose of applying for a student air traffic controller licence to be issued in accordance with this Regulation;

(7b) ‘national conversion report’ means a report on the basis of which prior air traffic controller training may be given credit by the competent authority to which the application for the issue of a student air traffic controller licence is submitted;

(8) ‘critical incident stress’ means the manifestation of unusual and/or extreme emotional, physical and/or behavioural reactions in an individual following an unexpected event, an accident, an incident or serious incident;

(9) ‘emergency situation’ means a serious and dangerous situation requiring immediate actions;

(10) ‘examination’ means a formalised test evaluating the person's knowledge and understanding;

(11) ‘guidance material (GM)’ means a non-binding material issued by the Agency, which helps to illustrate the meaning of delegated or implementing acts and which is used to support the application of Regulation (EU) 2018/1139 and its delegated and implementing acts;

(12) ‘ICAO location indicator’ means the four-letter code group formulated in accordance with the rules prescribed by ICAO in its manual 'DOC 7910' in its latest updated version and assigned to the location of an aeronautical fixed station;

(13) ‘language proficiency endorsement’ means the statement entered on and forming part of a licence, indicating the language proficiency of the holder;

(14) ‘licence’ means a document issued and endorsed in accordance with this Regulation and entitling its lawful holder to exercise the privileges of the ratings and endorsements contained therein;

(14a) ‘licence endorsement’ means the authorisation entered on and forming part of the licence, indicating a specific qualification of the licence holder. It is a generic term used to describe the inclusion of on-the-job training instructor, synthetic training device instructor, assessor and language proficiency endorsements;

(15) ‘on-the-job training instruction’ means the phase of unit training during which previously acquired job-related routines and skills are integrated in practice under the supervision of a qualified on-the-job training instructor in a live traffic situation;

(16) ‘on-the-job training instructor (OJTI) endorsement’ means the authorisation entered on and forming part of a licence, indicating the competence of the holder to give on-the-job training instruction and instruction on synthetic training devices;

(17) ‘part-task trainer (PTT)’ means a synthetic training device to provide training for specific and selected operational tasks without requiring the learner to practise all of the tasks which are normally associated with a fully operational environment;

(18) ‘performance objective’ means a clear and unambiguous statement of the performance expected of the person undertaking the training, the conditions under which the performance takes place and the standards that the person undertaking training should meet;

(19) ‘provisional inability’ means a temporary state in which the licence holder is prevented from exercising the privileges of the licence when ratings, endorsements and his or her medical certificate are valid;

(20) ‘psychoactive substance’ means alcohol, opioids, cannabinoids, sedatives and hypnotics, cocaine, other psychostimulants, hallucinogens, and volatile solvents, whereas caffeine and tobacco are excluded;

(20a) ‘rating’ means the authorisation entered on or associated with a licence and forming part thereof, stating special conditions, privileges or limitations pertaining to such licence;

(21) ‘rating endorsement’ means the authorisation entered on and forming part of a licence, indicating the specific conditions, privileges or limitations pertaining to the relevant rating;

(22) ‘renewal’ means the administrative act taken after a rating, endorsement or certificate has expired that renew the privileges of the rating, endorsement or certificate for a further specified period subject to the fulfilment of specified requirements;

(23) ‘revalidation’ means the administrative act taken within the period of validity of a rating, endorsement or certificate that allows the holder to continue to exercise the privileges of a rating, endorsement or certificate for a further specified period subject to the fulfilment of specified requirements;

(24) ‘sector’ means a part of a control area and/or part of a flight information region or upper region;

(25) ‘simulator’ means a synthetic training device that presents the important features of the real operational environment and reproduces the operational conditions under which the person undertaking training can practice real-time tasks directly;

(26) ‘synthetic training device’ means any type of device by which operational conditions are simulated, including simulators and part-task trainers;

(27) ‘synthetic training device instructor (STDI) endorsement’ means the authorisation entered on and forming part of a licence, indicating the competence of the holder to give instruction on synthetic training devices;

(28) ‘training course’ means theoretical and/or practical instruction developed within a structured framework and delivered within a defined duration;

(29) ‘training organisation’ means an organisation which has been certified by the competent authority to provide one or more types of training;

(30) ‘unit endorsement’ means the authorisation entered on and forming part of a licence, indicating the ICAO location indicator and the sector, group of sectors or working positions where the licence holder is competent to work;

(31) ‘validation’ means a process by which, through the successful completion of a unit endorsement course associated with a rating or a rating endorsement, the holder may start exercising the privileges of that rating or rating endorsement.

Article 5

Competent authority

The first subparagraph also applies to the Agency, where it acts as a competent authority pursuant to Article 6(2)(b) and (3)(a)(ii).

Article 6

Competent authority for the purposes of Annexes I, III and IV

For the purpose of Annex III and for the oversight of the requirements of Annex I regarding air navigation service providers, the competent authority shall be:

(a) the authority nominated or established by the Member State as its competent authority for oversight where the applicant has its principal place of operation or its registered office, if any, unless otherwise provided for in bilateral or multilateral agreements between Member States or their competent authorities;

(b) the Agency, if the applicant has its principle place of operation or its registered office, if any, outside the territory of the Member States.

For the purpose of Annex IV, the competent authority shall be:

(a) for aero-medical centres: (i) the authority designated by the Member State in which the aero-medical centre has its principal place of business; (ii) the Agency, when the aero-medical centre is located in a third country;

(b) for aero-medical examiners: (i) the authority designated by the Member State in which the aero-medical examiner has his or her principal place of practice; (ii) if the principal place of practice of an aero-medical examiner is located in a third country, the authority designated by the Member State to which the applicant aero-medical examiner applies for the issue of the certificate.

Article 7

Transitional provisions

Article 8

Changes to rating and rating endorsements

Article 8a

Conversion of national military air traffic controller licences into student air traffic controller licences

The national conversion report shall be notified by the competent authority of the Member State concerned to the Agency and shall:

(a) describe the national requirements on the basis of which the military air traffic controller licences are issued in that Member State;

(b) describe the scope of the privileges of the military air traffic controller licences referred to in point (a);

(c) indicate for which requirements of Annex I (Part ATCO) credit is to be given;

(d) indicate the additional training, including the required examinations and assessments, to be undertaken by the applicants; the required examinations and assessments shall be conducted by a training organisation that meets the requirements laid down in Annex III (Part ATCO.OR) and that is certified to provide initial training for the purpose of issuing student air traffic controller licences in accordance with this Regulation;

(e) include a statement confirming that the compliance of the applicant with the training, examination and assessment requirements described in the national conversion report can be considered as being equivalent to the successful completion of the initial training required under this Regulation for the purpose of issuing a student air traffic controller licence;

(f) include copies of all relevant supporting documentation, including copies of the relevant national requirements and procedures, demonstrating how the competent authority of the Member State has established the elements listed in points (a) to (e) above.

Article 9

Amendment to Commission Implementing Regulation (EU) No 923/2012

In Article 2 of Commission Implementing Regulation (EU) No 923/2012, point 104 is replaced by the following:

‘104.“psychoactive substance” means alcohol, opioids, cannabinoids, sedatives and hypnotics, cocaine, other psychostimulants, hallucinogens, and volatile solvents, whereas caffeine and tobacco are excluded;’

Article 10

Repeal

Commission Regulation (EU) No 805/2011 is repealed.

Article 11

Entry into force and application

It shall apply from 30 June 2015.

When a Member State makes use of this possibility, it shall notify the Commission and the Agency by 1 July 2015 at the latest. This notification shall describe the scope of the derogation(s) as well as the programme for implementation containing actions envisaged and related timing. In that case, the relevant provisions of Commission Regulation (EU) No 805/2011 shall continue to apply.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

ANNEX I

PART ATCO

REQUIREMENTS FOR THE LICENSING OF AIR TRAFFIC CONTROLLERS

SUBPART A

GENERAL REQUIREMENTS

This Part, set out in this Annex, establishes the requirements for the issue, revocation and suspension of student air traffic controller licences and air traffic controller licences, their associated ratings and endorsements, and the conditions of their validity and use.

(a) An application for the issue of licences, ratings and endorsements shall be submitted to the competent authority in accordance with the procedure established by that authority.

(b) An application for the issue of further ratings or endorsements, for the revalidation or renewal of endorsements and for the reissue of the licence shall be submitted to the competent authority which issued that licence.

(c) The licence shall remain the property of the person to whom it is issued, unless it is revoked by the competent authority. The licence holder shall sign the licence.

(d) The licence shall specify all relevant information related to the privileges that are granted by the licence and shall comply with the requirements in Appendix 1 of Annex II.

(a) If the licence holder is to exercise the privileges of a unit endorsement in a Member State of which the competent authority is not the one that issued the licence, the licence holder shall request a change of the competent authority to the competent authority of the Member State where those privileges are to be exercised in accordance with the procedure established by that authority. For this purpose, the competent authorities involved shall share all the relevant information needed to carry out the change of competent authority and licence exchange according to the procedures referred to in point ATCO.AR.B.001(c) and point ATCO.AR.D.003.

(b) In derogation to point (a) above, a change of the competent authority is not required when only synthetic training device instructor or assessor privileges are exercised in a synthetic training device environment or when privileges of a student air traffic controller licence are exercised.

(c) For the purposes of exercising the privileges of the licence in a Member State other than that in which the licence was issued, the licence holder must fulfil the language proficiency requirements referred to in point ATCO.B.030 established by the Member State where the privileges are to be exercised.

(a) The exercise of the privileges granted by a licence shall be dependent on the ratings and rating endorsements, validity of the unit and licence endorsements, and of the medical certificate, unless the medical certificate is not required in accordance with point (b).

(b) The medical certificate is not required when exercising instructor or assessor privileges in a synthetic training device environment.

(c) Licence holders shall not exercise the privileges of their licence when having doubts about being able to safely exercise the privileges of the licence and shall in such cases immediately notify the relevant air navigation service provider of the provisional inability to exercise the privileges of their licence.

(d) Air navigation service providers may declare the provisional inability of the licence holder if they become aware of any doubt concerning the ability of the licence holder to safely exercise the privileges of the licence.