Commission Implementing Regulation (EU) 2021/1338 of 11 August 2021 amending Implementing Regulation (EU) 2017/373 as regards reporting requirements and reporting channels between organisations, and requirements for meteorological services (Text with EEA relevance)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EU) 2018/1139 of the European Parliament and of the Council of 4 July 2018 on common rules in the field of civil aviation and establishing a European Union Aviation Safety Agency, and amending Regulations (EC) No 2111/2005, (EC) No 1008/2008, (EU) No 996/2010, (EU) No 376/2014 and Directives 2014/30/EU and 2014/53/EU of the European Parliament and of the Council, and repealing Regulations (EC) No 552/2004 and (EC) No 216/2008 of the European Parliament and of the Council and Council Regulation (EEC) No 3922/91 (1), and in particular Article 43(1), points (a) and (f), Article 62(15), points (a) and (c), and Article 72(5) thereof,

Whereas:

(1) Commission Implementing Regulation (EU) 2017/373 (2) lays down common requirements for providers of air traffic management/air navigation services and other air traffic management network functions for general air traffic and their oversight.

(2) In accordance with point 5.1(g) of Annex VIII to Regulation (EU) 2018/1139, service providers are to establish an occurrence-reporting system as part of their management system so as to contribute to the continuous improvement of safety. To ensure compliance with, and uniform implementation of, this essential requirement, as well as to ensure that the resulting provisions are aligned with Regulation (EU) No 376/2014 of the European Parliament and of the Council (3) on the reporting, analysis and follow-up of occurrences in civil aviation, Implementing Regulation (EU) 2017/373 should be amended accordingly.

(3) On 7 March 2018 and on 9 March 2020, the International Civil Aviation Organization (ICAO) adopted Amendment 78 and Amendment 79, respectively, to Annex 3 to the Convention on International Civil Aviation, signed on 7 December 1944 in Chicago (‘the Chicago Convention’) aiming, among other things, to enhance and improve harmonisation as regards the exchange of meteorological observations and reports (aerodrome routine meteorological reports (METAR)/aerodrome special meteorological reports (SPECI)), aerodrome forecasts (TAF), information concerning en-route weather phenomena which may affect the safety of aircraft operations (SIGMET), information concerning en-route weather phenomena which may affect the safety of low-level aircraft operations (AIRMET), volcanic ash and tropical cyclone advisory information, space weather advisory information, etc., in a system-wide information management (SWIM)-compliant environment. Those amendments are applicable in the ICAO Contracting States as of 8 November 2018 and 5 November 2020, respectively, except for the METAR format, the date of application of which is aligned with the date of application, 12 August 2021, for the new global reporting format (‘GRF’) for runway surface conditions. Those international standards and recommended practices should be reflected in Implementing Regulation (EU) 2017/373, in particular in the specific organisation requirements for meteorological service providers set out in Annex V to that Regulation.

(4) One of the enabling elements for the implementation of the GRF for runway surface conditions is the SNOWTAM format, whose instructions for completion should be in line with the latest ICAO Procedures for Air Navigation Services – Aeronautical Information Management (4), and should also be consistent with Commission Regulation (EU) No 965/2012 (5) and Commission Regulation (EU) No 139/2014 (6).

(5) Implementing Regulation (EU) 2017/373 should therefore be amended accordingly.

(6) The measures provided for in this Regulation are based on Opinion No 01/2021 (7) of the European Union Aviation Safety Agency in accordance with Article 75(2), points (b) and (c), and Article 76(1) of Regulation (EU) 2018/1139.

(7) The measures provided for in this Regulation are in accordance with the opinion of the committee established by Article 127 of Regulation (EU) 2018/1139,

HAS ADOPTED THIS REGULATION:

Article 1

Annexes I, II, III, V and VI to Implementing Regulation (EU) 2017/373 are amended in accordance with Annexes I to V to this Regulation, respectively.

Article 2

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

Point 32 of Annex IV and Annex V shall apply from 12 August 2021.

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

Done at Brussels, 11 August 2021.

For the Commission The President Ursula VON DER LEYEN

(1) OJ L 212, 22.8.2018, p. 1.

(2) 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 (OJ L 62, 8.3.2017, p. 1).

(3) Regulation (EU) No 376/2014 of the European Parliament and of the Council of 3 April 2014 on the reporting, analysis and follow-up of occurrences in civil aviation, amending Regulation (EU) No 996/2010 of the European Parliament and of the Council and repealing Directive 2003/42/EC of the European Parliament and of the Council and Commission Regulations (EC) No 1321/2007 and (EC) No 1330/2007 (OJ L 122, 24.4.2014, p. 18).

(4) International Civil Aviation Organization Procedures for Air Navigation Services – Aeronautical Information Management, Doc 10066.

(5) Commission Regulation (EU) No 965/2012 of 5 October 2012 laying down technical requirements and administrative procedures related to air operations pursuant to Regulation (EC) No 216/2008 of the European Parliament and of the Council (OJ L 296, 25.10.2012, p. 1).

(6) Commission Regulation (EU) No 139/2014 of 12 February 2014 laying down requirements and administrative procedures related to aerodromes pursuant to Regulation (EC) No 216/2008 of the European Parliament and of the Council (OJ L 44, 14.2.2014, p. 1).

(7) Opinion No 01/2021 of the European Union Aviation Safety Agency, Occurrence-reporting requirements and requirements for meteorological services, https://www.easa.europa.eu/document-library/opinions