Commission Implementing Regulation (EU) 2020/469 of 14 February 2020 amending Regulation (EU) No 923/2012, Regulation (EU) No 139/2014 and Regulation (EU) 2017/373 as regards requirements for air traffic management/air navigation services, design of airspace structures and data quality, runway safety and repealing Regulation (EC) No 73/2010 (Text with EEA relevance)

COMMISSION IMPLEMENTING REGULATION (EU) 2020/469

of 14 February 2020

amending Regulation (EU) No 923/2012, Regulation (EU) No 139/2014 and Regulation (EU) 2017/373 as regards requirements for air traffic management/air navigation services, design of airspace structures and data quality, runway safety and repealing Regulation (EC) No 73/2010

(Text with EEA relevance)

Article 1

Regulation (EU) No 923/2012 is amended as follows:

(1) Article 2 is amended as follows: (a) point (57) is replaced by the following: ‘(57) ‘‘controlled aerodrome’’ means an aerodrome at which air traffic control service is provided to aerodrome traffic’; (b) the following points (144) and (145) are added: ‘(144) ‘‘critical area’’ means an area of defined dimensions extending around the ground equipment of a precision instrument approach within which the presence of vehicles or aircraft will cause unacceptable disturbance of the guidance signals; (145) ‘sensitive area’ means an area extending beyond the critical area where the parking or movement, or both, of aircraft or vehicles will affect the guidance signal to the extent that it may be rendered as an unacceptable disturbance to aircraft using the signal.’;

(2) the following Article 4a is inserted: ‘Article 4a Very-high frequency (VHF) emergency frequency

(3) the Annex is amended in accordance with Annex I to this Regulation.

Article 2

Annex III to Regulation (EU) No 139/2014 is amended in accordance with Annex II to this Regulation.

Article 3

Implementing Regulation (EU) 2017/373 is amended as follows:

(1) Article 1 is replaced by the following: ‘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.’;

(2) Article 2 is amended as follows: (a) point (2) is replaced by the following: ‘(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;’; (b) New points (6), (7) and (8) are added: ‘(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.’;

(3) Article 3 is amended as follows: (a) the heading is replaced by the following: ‘Provision of ATM/ANS and design of airspace structures’; (b) paragraph 1 is replaced by the following: ‘1. Member States shall ensure that the appropriate ATM/ANS are provided and airspace structures are designed in accordance with this Regulation in a manner that facilitates general air traffic, while taking into account safety considerations, traffic requirements and environmental impact.’; (c) the following paragraphs 5, 6, 7, 8 and 9 are added: ‘5. 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.

(4) the following Articles 3a, 3b, 3c and 3d are inserted: ‘Article 3a Determination of the need for the provision of air traffic services

(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

(5) Article 6 is amended as follows: (a) point (d) is replaced by the following: ‘(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;’; (b) point (k) is replaced by the following: ‘(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);’;

(6) Annexes I, II, III, IV, V, VI and XI are amended in accordance with Annex III to this Regulation.

Article 4

Regulation (EU) No 73/2010 is repealed with effect from 27 January 2022.

Article 5

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 27 January 2022.

The following provisions shall apply from 12 August 2021:

(a) in Annex I, point 10(b);

(b) in Annex III, point 6: Appendix 3 ‘SNOWTAM FORMAT’.

Point 5 of Annex III shall apply from 5 November 2020, with the exception of point 5(v): Appendix 1 Template for METAR, which shall apply from 12 August 2021.

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

ANNEX I

The Annex is amended as follows:

(1) in point SERA.3210(d)(4)(ii), points (A) and (B) are replaced by the following: ‘(A) persons and vehicles operating on the manoeuvring area of an aerodrome shall be restricted to the essential minimum and particular regard shall be given to the requirements to protect the critical and sensitive area(s) of radio navigation aids; (B) subject to the provisions of point (iii), the method or methods to separate vehicles and taxiing aircraft shall be as specified by the air navigation service provider (‘ANSP’) and approved by the competent authority taking into account the aids available;’;

(2) in point SERA.3210(d)(4) (iv), point (A) is replaced by the following: ‘(A) vehicles and vehicles towing aircraft shall give way to aircraft which are landing, taking-off or taxiing’

(3) point SERA.8005 is amended as follows: (a) in point (a), point (3) is replaced by the following: ‘(3) issue one or more of the following: clearances, instructions or information for the purpose of preventing collision between aircraft under its control and of expediting and maintaining an orderly flow of traffic;’; (b) point (c) is amended as follows: (a) the introductory phrase is replaced by the following: ‘Except for cases of operations on parallel or near-parallel runways as in point ATS.TR.255 of Annex IV to Commission Implementing Regulation (EU) 2017/373 (^*1), or when a reduction in separation minima in the vicinity of aerodromes can be applied, separation by an ATC unit shall be obtained by at least one of the following: (b) point (1) is replaced by the following: ‘(1) vertical separation, obtained by assigning different levels selected from the table of cruising levels in Appendix 3, except that the correlation of levels to track as prescribed therein shall not apply whenever otherwise indicated in appropriate aeronautical information publications or ATC clearances. The vertical separation minimum shall be a nominal 300 m (1 000 ft) up to and including FL 410 and a nominal 600 m (2 000 ft) above that level. Geometric height information shall not be used to establish vertical separation;’;

(4) point SERA.8012 is replaced by the following: ‘(a) Air traffic control units shall apply wake turbulence separation minima to aircraft in the approach and departure phases of flight in any of the following circumstances: (1) an aircraft is operating directly behind another aircraft at the same altitude or less than 300 m (1 000 ft) below it; (2) both aircraft are using the same runway or parallel runways separated by less than 760 m (2 500 ft); (3) an aircraft is crossing behind another aircraft at the same altitude or less than 300 m (1 000 ft) below it. (b) Paragraph (a) shall not apply to arriving VFR flights and to arriving IFR flights executing visual approach when the aircraft has reported the preceding aircraft in sight and has been instructed to follow and maintain own separation from that aircraft. In those cases, the air traffic control unit shall issue caution for wake turbulence.’;

(5) point SERA.8015 is amended as follows: (a) in point (b), the following point (6) is added: ‘(6) When vectoring or assigning a direct routing not included in the flight plan, which takes an IFR flight off published ATS route or instrument procedure, an air traffic controller providing ATS surveillance service shall issue clearances such that the prescribed obstacle clearance exists at all times until the aircraft reaches the point where the pilot re-joins the flight plan route or joins a published ATS route or instrument procedure.’; (b) in point (d), point (5) is replaced by the following: ‘(5) any necessary instructions or information on other matters, such as ATFM departure slot if applicable, approach or departure manoeuvres, communications and the time of expiry of the clearance.’; (c) in point (e), the heading is replaced by the following: ‘Read back of clearances, instructions and safety-related information’; (d) point (eb) is amended as follows: (i) point (3) is replaced by the following: ‘(3) Except when it is known that the aircraft has already received the information in a directed transmission, an QNH altimeter setting shall be included in: (i) the descent clearance, when first cleared to an altitude below the transition level; (ii) the approach clearance or the clearance to enter the traffic circuit; (iii) the taxi clearance for departing aircraft.’; (ii) in point (5), the introductory phrase is replaced by the following: ‘When an aircraft has been given clearance to land or where an aircraft has been informed that the runway is available for landing at AFIS aerodromes and that aircraft is completing its approach using atmospheric pressure at aerodrome elevation (QFE), the vertical position of that aircraft shall be expressed in terms of height above aerodrome elevation during that portion of its flight for which QFE may be used, except that it shall be expressed in terms of height above runway threshold elevation:’;

(6) point SERA.9005 is amended as follows: (a) point (a) is amended as follows: (i) the following points (7) and (8) are added: ‘(7) information on abnormal aircraft configuration and condition; (8) any other information likely to affect safety.’; (ii) the second paragraph is deleted; (b) point (b) is amended as follows: (i) point (3) is replaced by the following: ‘(3) for flight over water areas, in so far as practicable and when requested by a pilot, any available information such as radio call sign, position, true track, speed, etc. of surface vessels in the area; and’; (ii) the following point (4) is added: ‘(4) messages, including clearances, received from other air traffic services units to relay to aircraft.’; (c) the following point (d) is added: ‘(d) AFIS provided to flights shall include, in addition to relevant items outlined in points (a) and (b), the provision of the information concerning: (1) collision hazards with aircraft, vehicles and persons operating on the manoeuvring area; (2) the runway-in-use.’;

(7) in point SERA.9010(a), point (4) is replaced by the following: ‘(4) If an aircraft acknowledges receipt of an ATIS that is no longer current, the ATS unit shall without delay take one of the following actions: (i) communicate to the aircraft any element of information which has to be updated; (ii) instruct the aircraft to obtain the current ATIS information.’;

(8) in point SERA.13010, point (b) is replaced by the following: ‘(b) Unless otherwise prescribed by the competent authority, verification of the pressure-altitude-derived level information displayed shall be effected at least once by each suitably equipped ATS unit on initial contact with the aircraft concerned or, if this is not feasible, as soon as possible thereafter.’;