Commission Implementing Regulation (EU) 2017/373 of 1 March 2017 laying down common requirements for providers of air traffic management/air navigation services and other air traffic management network functions and their oversight, repealing Regulation (EC) No 482/2008, Implementing Regulations (EU) No 1034/2011, (EU) No 1035/2011 and (EU) 2016/1377 and amending Regulation (EU) No 677/2011 (Text with EEA relevance. )

Article 1

Subject matter

This Regulation lays down common requirements for:

(a) the provision of air traffic management and air navigation services (‘ATM/ANS’) for general air traffic, in particular for the legal or natural persons providing those services and functions;

(b) the competent authorities and the qualified entities acting on their behalf, which perform certification, oversight and enforcement tasks in respect of the services referred to in point (a);

(c) the rules and procedures for the design of airspace structures.

Article 2

Definitions

For the purposes of this Regulation, the definitions in Annex I and the following definitions shall apply:

(1) the definitions in Article 2 of Regulation (EC) No 549/2004 and Article 3 of Regulation (EC) No 216/2008, except for the definition of ‘certificate’ in Article 2(15) of Regulation (EC) No 549/2004;

(2) ‘ATM/ANS provider’ means any legal or natural person providing any of the ATM/ANS as defined in Article 3(5) of Regulation (EU) 2018/1139, either individually or bundled, for general air traffic;

(3) ‘Network Manager’ means the body entrusted with the tasks necessary for the execution of the functions referred to in Article 6 of Regulation (EC) No 551/2004;

(4) ‘pan-European service’ means an activity which is designed and established for users within most or all Member States and which may also extend beyond the airspace of the territory to which the Treaty applies;

(5) ‘data services provider (DAT provider)’ means an organisation, which is: (a) type 1 DAT provider that processes aeronautical data for use on aircraft and provides an aeronautical database meeting the DQRs, under controlled conditions, for which no corresponding airborne application/equipment compatibility has been determined; (b) type 2 DAT provider that processes aeronautical data and provides an aeronautical database for use on certified aircraft application/equipment meeting the DQRs for which compatibility with that application/equipment has been determined;

(6) ‘“design of airspace structures”’ means a process that ensures that airspace structures are properly designed, surveyed and validated before they are deployed and used by aircraft

(7) ‘airborne collision avoidance system (ACAS)’ means an aircraft system based on secondary surveillance radar (SSR) transponder signals which operates independently of ground-based equipment to provide advice to the pilot on potential conflicting aircraft that are equipped with SSR transponders’;

(8) ‘entity originating aeronautical data and aeronautical information’ – means any public or private entity responsible for origination of aeronautical data and aeronautical information used as a source for aeronautical information products and services. These entities do not include ATM/ANS providers referred to in point (2) of Article 2 of this Regulation and aerodromes defined in point (1)(e) of Article 2 of Regulation (EU) 2018/1139;

(9) ‘Mode S interrogator’ means a system, composed of antenna and electronics, which supports the addressing of individual aircraft through the Mode Select (‘Mode S’);

(10) ‘eligible Mode S interrogator’ means a Mode S interrogator for which at least one of the following conditions is satisfied: (a) the interrogator relies, at least partly, on Mode S all call interrogations and replies for Mode S targets acquisition; (b) the interrogator locks out acquired Mode S targets in reply to Mode S all call interrogations, permanently or intermittently, in part or the totality of its coverage; or (c) the interrogator uses multisite communications protocols for data link applications;

(11) ‘Mode S operator’ means a person, organisation or enterprise that operates or offers to operate a Mode S interrogator, including: (a) surveillance service providers; (b) Mode S interrogator manufacturers; (c) aerodrome operators; (d) research establishments; (e) any other entity entitled to operate a Mode S interrogator;

(12) ‘harmful interference’ means interference that prevents the performance requirements from being achieved;

(13) ‘interrogator code allocation plan’ means the most recently approved complete set of interrogator code allocations.

Article 3

Provision of ATM/ANS and design of airspace structures

Member States shall ensure that:

(a) entities originating aeronautical data or aeronautical information meet the requirements laid down in: (i) point ATM/ANS.OR.A.085 of Annex III, except those in points (c), (d), (f)(1) and (i) thereof; (ii) point ATM/ANS.OR.A.090 of Annex III;

(b) aeronautical data and aeronautical information are originated, processed and transmitted by adequately trained, competent and authorised personnel. When aeronautical data or aeronautical information is intended to be used for the purpose of IFR or special VFR flights, the requirements referred to in letters (a) and (b) of the first subparagraph shall apply to all entities originating such data and information.

Article 3a

Determination of the need for the provision of air traffic services

Member States shall determine the need for the provision of air traffic services by taking into account all of the following factors:

(a) the types of air traffic involved;

(b) the density of air traffic;

(c) the meteorological conditions;

(d) other relevant factors related to the objectives of the air traffic services defined in point ATS.TR.100 of Annex IV.

Article 3b

Coordination between military units and air traffic service providers

Without prejudice to Article 6 of Regulation (EC) No 2150/2005, Member States shall establish special procedures so that:

(a) air traffic service providers are notified if a military unit observes that an aircraft, which is, or might be, a civil aircraft is approaching, or has entered, any area in which interception might become necessary;

(b) the air traffic service provider shall in close coordination with the military unit confirm the identity of the aircraft and provide it with the navigational guidance necessary to avoid the need for interception.

Article 3c

Coordination of air operations potentially hazardous to civil aviation

Article 3d

Very-high frequency (VHF) emergency frequency

Article 3e

Allocation of Mode S interrogator codes

Where an overlap exists between the coverage of a Mode S interrogator located within the area of responsibility of a Member State and the coverage of a Mode S interrogator located within the area of responsibility of a third country, the Member State concerned shall:

(a) ensure that the third country is informed about the safety requirements related to the allocation and use of interrogator codes;

(b) take the necessary measures to coordinate the use of interrogator codes with the particular third country.

Article 3f

Use of the single European sky airspace

Member States shall ensure that all voice frequency assignments are converted to an 8,33 kHz channel spacing. The conversion requirements shall not apply to frequency assignments:

(a) which will remain within the 25 kHz channel spacing on the following frequencies: (1) the emergency frequency (121,5 MHz); (2) the auxiliary frequency for search and rescue operations (123,1 MHz); (3) the VHF digital link (VDL) frequencies assigned to be used within the Single European Sky airspace; (4) the aircraft communications addressing and reporting system (ACARS) frequencies (131,525 MHz, 131,725 MHz and 131,825 MHz);

(b) where offset carrier operation within a 25 kHz channel spacing is used.

Member States shall establish and publish in national aeronautical information publications, where applicable, the procedures for the handling of aircraft which are not equipped with:

(a) secondary surveillance radar Mode-S transponders;

(b) radios having the 8,33 kHz channel spacing capability.

Article 4

Competent authority for certification, oversight and enforcement

For the purposes of this Regulation, data services providers and the Network Manager shall be considered to be pan-European service providers in respect of which, in accordance with point (c) of Article 22a of Regulation (EC) No 216/2008, the Agency is the competent authority.

Where one of the service providers concerned is an organisation in respect of which the Agency is the competent authority, the competent authorities of the Member States concerned shall coordinate with the Agency in order to ensure that the requirements set out in points (1), (2) and (3) of point ATM/ANS.AR.A.005(b) of Annex II are complied with where, alternatively:

(a) service providers provide services in respect of functional airspace blocks that extend across the airspace falling under the responsibility of more than one Member State, as referred to in Article 2(3) of Regulation (EC) No 550/2004;

(b) service providers provide cross-border air navigation services as referred to in Article 2(5) of Regulation (EC) No 550/2004.

Article 5

Powers of the competent authority referred to in Article 4

The competent authorities shall, where required for the exercise of their certification, oversight and enforcement tasks under this Regulation, be empowered to:

(a) require the service providers subject to their oversight to provide all necessary information;

(b) require any representative, manager or other member of the personnel of those service providers to provide oral explanations on any fact, document, object, procedure or other subject matter relevant to the oversight of the service provider;

(c) enter any premises and land, including operating sites, and means of transport of those service providers;

(d) examine, copy or make extracts from any document, record or data held by or accessible to those service providers, irrespective of the medium on which the information in question is stored;

(e) carry out audits, assessments, investigations and inspections of those service providers.

When exercising the powers provided for in paragraphs 1 and 2, the competent authority shall ensure that the members of its staff and, where relevant, any other expert participating in the activities in question are duly authorised.

Article 6

Service providers

Service providers shall be granted a certificate and be entitled to exercise the privileges granted within the scope of that certificate, where, in addition to the requirements referred to in Article 8b(1) of Regulation (EC) No 216/2008, they comply and continue to comply with the following requirements:

(a) for all service providers, the requirements laid down in Annex III (Part-ATM/ANS.OR), Subparts A and B, and in Annex XIII (Part-PERS);

(b) for service providers other than providers of air traffic services, in addition to the requirements of point (a), the requirements laid down in Annex III (Part-ATM/ANS.OR), Subpart C;

(c) for providers of air navigation services, providers of air traffic flow management and the Network Manager, in addition to the requirements of point (a), the requirements laid down in Annex III (Part-ATM/ANS.OR), Subpart D;

(d) for providers of air traffic services, in addition to the requirements of points (a) and (c), the requirements laid down in Annex IV (Part-ATS) and the requirements laid down in Regulation (EU) No 923/2012;

(e) for providers of meteorological services, in addition to the requirements of points (a), (b) and (c), the requirements laid down in Annex V (Part-MET);

(f) for providers of aeronautical information services, in addition to the requirements of points (a), (b) and (c), the requirements laid down in Annex VI (Part-AIS);

(g) for data services providers, in addition to the requirements of points (a) and (b), the requirements laid down in Annex VII (Part-DAT);

(h) for providers of communication, navigation or surveillance services, in addition to the requirements of points (a), (b) and (c), the requirements laid down in Annex VIII (Part-CNS);

(i) for providers of air traffic flow management, in addition to the requirements of points (a), (b) and (c), the requirements laid down in Annex IX (Part-ATFM);

(j) for providers of airspace management, in addition to the requirements of points (a) and (b), the requirements laid down in Annex X (Part-ASM);

(k) for providers of flight procedure design services, in addition to the requirements of points (a) and (b), the requirements laid down in Annex XI (Part-FPD);

(l) for the Network Manager, in addition to the requirements of points (a), (b) and (c), the requirements laid down in Annex XII (Part-NM).

Article 7

Declaration by providers of flight information services

Where Member States allow providers of flight information services to declare their capability and means of discharging the responsibilities associated with the services provided in accordance with Article 8b(3) of Regulation (EC) No 216/2008, those providers shall fulfil, in addition to the requirements referred to in Article 8b(1) of Regulation (EC) No 216/2008, the requirements laid down in point ATM/ANS.OR.A.015 in Annex III to this Regulation.

Article 8

Existing certificates

Article 9

Repeal and amendment

Article 10

Entry into force

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

It shall apply from 2 January 2020.

However:

(1) Article 9(2) shall apply from the date of entry into force of this Regulation;

(2) in respect of the Agency, Article 4(1), (2), (5), (6) and (8) and Article 5 shall apply from the date of entry into force of this Regulation;

(3) in respect of data services providers, Article 6 shall apply in any case from 1 January 2019 and, where such a provider applies for and is granted a certificate in accordance with Article 6, from the date of entry into force of this Regulation.

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

ANNEX I

DEFINITIONS OF TERMS USED IN ANNEXES II TO XIII

(Part-DEFINITIONS)

For the purposes of Annexes II to XIII, the following definitions shall apply:

(1) ‘acceptable means of compliance (AMC)’ means non-binding standards adopted by the Agency to illustrate means to establish compliance with Regulation (EC) No 216/2008 and its implementing rules;

(2) ‘aerial work’ means an aircraft operation in which an aircraft is used for specialised services such as agriculture, construction, photography, surveying, observation and patrol, search and rescue or aerial advertisement;

(3) ‘aerodrome climatological summary’ means a concise summary of specified meteorological elements at an aerodrome, based on statistical data;

(4) ‘aerodrome climatological table’ means a table providing statistical data on the observed occurrence of one or more meteorological elements at an aerodrome;

(5) ‘aerodrome elevation’ means the elevation of the highest point of the landing area;

(6) ‘aerodrome flight information service (AFIS)’ means flight information service for aerodrome traffic provided by a designated air traffic services provider;

(7) ‘aerodrome meteorological office’ means an office responsible for providing meteorological service for an aerodrome;

(8) ‘aerodrome warning’ means information issued by an aerodrome meteorological office concerning the occurrence or expected occurrence of meteorological conditions which could adversely affect aircraft on the ground, including parked aircraft and the aerodrome facilities and services;

(9) ‘aeronautical data’ means a representation of aeronautical facts, concepts or instructions in a formalised manner suitable for communication, interpretation or processing;

(10) ‘aeronautical database’ means a collection of aeronautical data organised and arranged as a structured data set, stored electronically on systems, which is valid for a dedicated period and may be updated;

(11) ‘aeronautical fixed service (AFS)’ means a telecommunication service between specified fixed points provided primarily for the safety of air navigation and for the regular, efficient and economical operation of air services;

(12) ‘aeronautical fixed telecommunication network (AFTN)’ means a worldwide system of aeronautical fixed circuits provided, as part of the AFS, for the exchange of messages and/or digital data between aeronautical fixed stations having the same or compatible communications characteristics;

(13) ‘aeronautical information’ means information resulting from the assembly, analysis and formatting of aeronautical data;

(14) ‘aerodrome mapping data’ means data collected for the purpose of compiling aerodrome mapping information;

(15) ‘aerodrome mapping database (AMDB)’ means a collection of aerodrome mapping data organised and arranged as a structured data set;

(16) ‘aeronautical meteorological station’ means a station making observations and meteorological reports for use in air navigation;

(17) ‘air-report’ means a report from an aircraft in flight prepared in conformity with the requirements for position and operational and/or meteorological reporting;

(18) ‘aircraft’ means any machine that can derive support in the atmosphere from the reactions of the air other than the reactions of the air against the earth's surface;

(19) ‘AIRMET’ means information issued by a meteorological watch office concerning the occurrence or expected occurrence of specified en-route weather phenomena which may affect the safety of low-level aircraft operations and of the development of those phenomena in time and space, and which was not already included in the forecast issued for low-level flights in the flight information region concerned or sub-area thereof;

(20) ‘air traffic safety electronics personnel (ATSEP)’ means any authorised personnel who are competent to operate, maintain, release from, and return into operations equipment of the functional system;

(21) ‘air traffic services unit’ is a generic term meaning variously air traffic control unit, flight information centre, aerodrome flight information service unit or air traffic services reporting office;

(22) ‘alternate aerodrome’ means an aerodrome to which an aircraft may proceed when it becomes either impossible or inadvisable to proceed to or to land at the aerodrome of intended landing where the necessary services and facilities are available, where aircraft performance requirements can be met and which is operational at the expected time of use;

(23) ‘alternative means of compliance (AltMOC)’ means those means of compliance that propose an alternative to an existing AMC or those that propose new means to establish compliance with Regulation (EC) No 216/2008 and its Implementing Rules for which no associated AMC have been adopted by the Agency;

(24) ‘altitude’ means the vertical distance of a level, a point, or an object considered as a point, measured from mean sea level;

(25) ‘area control centre (ACC)’ means a unit established to provide air traffic control service to controlled flights in control areas under its jurisdiction;