Commission Implementing Regulation (EU) 2023/893 of 21 April 2023 amending Regulation (EU) 2015/340 laying down technical requirements and administrative procedures relating to air traffic controllers’ licences and certificates

• ‘(a) If the competent authority allocates tasks related to the initial certification or continuous oversight of persons or organisations subject to Regulation (EU) 2018/1139 and its delegated and implementing acts, they shall only be allocated to qualified entities. When allocating tasks, the competent authority shall ensure that it has:

• (1) a system in place to initially and continuously assess that the qualified entity complies with Annex VI to Regulation (EU) 2018/1139.

This system and the results of the assessments shall be documented;

• (2) established a documented agreement with a qualified entity, approved by both parties at the appropriate management level, which clearly defines:

• (i) the tasks to be performed;

• (ii) the declarations, reports and records to be provided;

• (iii) the technical conditions to be met in performing such tasks;

• (iv) the related liability coverage; and

• (v) the protection given to information acquired in carrying out such tasks.’;

• 1. point ATCO.AR.B.010 is replaced by the following:

‘ATCO.AR.B.010   Changes to the management system

• (a) The competent authority shall have a system in place to identify changes that affect its capability to perform its tasks and discharge its responsibilities as defined in Regulation (EU) 2018/1139 and its delegated and implementing acts. It shall enable it to take action, as appropriate, to ensure that the management system remains adequate and effective.

• (b) The competent authority shall update its management system to reflect any change to Regulation (EU) 2018/1139 and its delegated and implementing acts in a timely manner, so as to ensure effective implementation of its management system.

• (c) The competent authority shall notify the Agency of changes affecting its capability to perform its tasks and discharge its responsibilities as defined in Regulation (EU) 2018/1139 and its delegated and implementing acts.’;

• 1. point ATCO.AR.B.015 is replaced by the following:

‘ATCO.AR.B.015   Record-keeping

• (a) Competent authorities shall maintain a list of all organisation certificates and personnel licences and certificates they issue.

• (b) The competent authority shall establish a system of record-keeping providing for adequate storage, accessibility and reliable traceability of:

• (1) the management system’s documented policies and procedures;

• (2) training, qualification and authorisation of its personnel;

• (3) the allocation of tasks, covering the elements required by point ATCO.AR.B.005 as well as the details of tasks allocated;

• (4) certification processes and continuing oversight of certified organisations;

• (5) details of courses provided by training organisations;

• (6) processes for the issue of licences, ratings, endorsements and certificates, and for the continuing oversight of the holders of those licences, ratings, endorsements and certificates;

• (7) continuing oversight of persons and organisations exercising activities within the territory of the Member State, but certified by the competent authority of another Member State, as agreed between these authorities;

• (8) findings, corrective actions and date of action closure;

• (9) enforcement measures taken;

• (10) safety information and follow-up measures;

• (11) the use of flexibility provisions in accordance with Article 71 of Regulation (EU) 2018/1139; and

• (12) the evaluation and notification to the Agency of alternative means of compliance proposed by organisations and the assessment of alternative means of compliance used by the competent authority itself.

• (c) Records shall be kept for a minimum period of 5 years and with regard to personnel licences for a minimum period of 10 years after the expiry of the last endorsement on the licence, subject to applicable data protection law.’;

• 1. in point ATCO.AR.C.001, point (a) is replaced by the following:

• ‘(a) The competent authority shall verify:

• (1) compliance with requirements applicable to organisations or persons prior to the issue of an organisation certificate or personnel licence, certificate, rating or endorsement, as applicable;

• (2) the continued compliance with the applicable requirements and the conditions attached to the training organisation’s certificate, as well as the applicable requirements for training courses, training plans and unit competence schemes it has approved, and requirements applicable to personnel;

• (3) implementation of appropriate safety measures mandated by the competent authority as defined in point ATCO.AR.A.025 (c) and (d).’;

• 1. the following point ATCO.AR.D.003 is inserted:

‘ATCO.AR.D.003   Change of competent authority

• (a) Upon receiving a licence holder’s request for a change of competent authority, the receiving competent authority shall, without undue delay, request the competent authority of the licence holder to transfer, without undue delay all of the following:

• (1) a verification of the licence;

• (2) copies of the licence holder’s medical records kept by that competent authority. The medical records shall be transferred in a confidential manner in accordance with point ATCO.MED.A.015 of Annex IV (Part-ATCO.MED) and shall include a summary of the relevant medical history of the applicant, verified and signed or electronically authenticated by the medical assessor.

• (b) The transferring competent authority shall keep the licence holder’s original licensing and medical records.

• (c) The receiving competent authority shall, without undue delay, exchange the licence and medical certificate provided that it has received and processed all documents specified in point (a). Upon the exchange of the licence and medical certificate, the receiving competent authority shall immediately request the licence holder to surrender to it the licence issued by the transferring competent authority and the associated medical certificate.

• (d) The new licence shall include ratings, rating endorsements, licence endorsements and all valid unit endorsements in the licence, including the date of their first issue and expiry, if applicable.

• (e) The receiving competent authority shall immediately notify the transferring competent authority once it has exchanged the licence and medical certificate and the licence holder has surrendered the licence and medical certificate pursuant to point (c). Until such a notification is received, the transferring competent authority remains responsible for the licence and the medical certificate originally issued to that licence holder.’;

• 1. point ATCO.AR.D.005 is replaced by the following:

‘ATCO.AR.D.005   Revocation and suspension of licences, ratings and endorsements

• (a) For the purpose of point ATCO.A.020, the competent authority shall establish administrative procedures for the revocation and suspension of licences, ratings and endorsements.

• (b) The competent authority may suspend the licence in the case of provisional inability not being terminated according to the procedures referred to in point ATCO.A.015(e).

• (c) The competent authority shall suspend or revoke a licence, rating or endorsement in accordance with point ATCO.AR.C.010 in particular in the following circumstances:

• (1) exercising the privileges of the licence when the licence holder no longer complies with the applicable requirements of this Regulation;

• (2) obtaining a student air traffic controller or an air traffic controller licence, rating, endorsement or certificate by falsification of submitted documentary evidence;

• (3) falsification of the licence or certificate records;

• (4) exercising the privileges of the licence, rating(s) or endorsement(s) under the influence of psychoactive substances.

• (d) In cases of suspension or revocation of licences, ratings and endorsements, the competent authority shall notify in writing the licence holder and the relevant air navigation service provider of this decision, and inform the licence holder of his or her right of appeal in accordance with the procedures established in point ATCO.AR.A.010(m).

• (e) The competent authority shall also suspend or revoke a licence, rating or endorsement upon written request of the licence holder.’;

• 1. point ATCO.AR.E.001 is replaced by the following:

‘ATCO.AR.E.001   Certification procedure for training organisations and issue of certificate

• (a) Upon receiving an application for the issue of a training organisation certificate, the competent authority shall verify the training organisation’s compliance with the applicable requirements of this Regulation.

• (b) The competent authority may require any audits, inspections or assessments of the training organisation it finds necessary before issuing the certificate.

• (c) If the applicant training organisation fulfils the applicable requirements, the competent authority shall issue a certificate using the format established in Appendix 2 to Annex II.

• (d) The certificate shall be issued for an unlimited duration. The activities that the training organisation is approved to conduct shall be specified in the attachment to the certificate.

• (e) The certificate shall not be issued where a level 1 finding remains open. In exceptional circumstances, finding(s), other than level 1, shall be assessed and mitigated as necessary by the training organisation and a corrective action plan for closing the finding(s) shall be approved by the competent authority prior to the certificate being issued.

• (f) To enable an organisation to implement changes without prior competent authority’s approval in accordance with points ATCO.OR.B.015 and ATCO.AR.E.010(c), the competent authority shall approve the procedure submitted by the training organisation defining the scope of such changes and describing how such changes will be managed and notified.’;

• 1. in point ATCO.AR.E.005, point (b) is replaced by the following:

• ‘(b) For the purposes of change of competent authority according to point ATCO.A.010, the competent authority shall approve or reject the unit endorsement course established in accordance with point ATCO.B.020 (b) and (e) not later than 6 weeks after presentation of the application for the approval of the course, and ensure that the principles of non-discrimination and proportionality are respected.’;

• 1. point ATCO.AR.E.015 is replaced by the following:

‘ATCO.AR.E.015   Findings, corrective actions and enforcement measures

• (a) The competent authority shall have a system to analyse findings for their safety significance and decide on enforcement measures on the basis of the risk posed by the training organisation’s non-compliance.

• (b) A level 1 finding shall be issued by the competent authority when any significant non-compliance is detected with the applicable requirements of Regulation (EU) 2018/1139 and this Regulation, with the certificate and/or its terms of approval and privileges, which poses a significant risk to flight safety and/or otherwise calls into question the training organisation’s capability to continue the training provision.

A level 1 finding shall include, but shall not be limited to:

• (1) providing training in a way which introduces a significant risk to flight safety;

• (2) failure to give the competent authority access to the training organisation’s facilities as defined in point ATCO.OR.B.025 during normal operating hours and after two written requests;

• (3) obtaining or maintaining the validity of the training organisation certificate by falsification of submitted documentary evidence;

• (4) evidence of malpractice or fraudulent use of the training organisation certificate; and

• (5) the lack of an accountable manager.

• (c) A level 2 finding shall be issued by the competent authority when any other non-compliance is detected with the applicable requirements of Regulation (EU) 2018/1139 and this Regulation, with the training organisation’s procedures and manuals or with the type(s) of training provided or certificate(s).

• (d) When a finding is detected during oversight or by any other means, the competent authority shall, without prejudice to any additional action required by Regulation (EU) 2018/1139 and this Regulation, communicate the finding to the training organisation in writing and request corrective action to address the non-compliance(s) identified.

• (1) In the case of level 1 findings, the competent authority shall take immediate and appropriate action to prohibit or limit activities, and if appropriate, it shall take action to revoke the certificate or to limit or suspend it in whole or in part, depending upon the extent of the finding, until successful corrective action has been taken by the training organisation.

• (2) In the case of level 2 findings, the competent authority shall:

• (i) grant the training organisation a corrective action implementation period included in an action plan appropriate to the nature of the finding; and

• (ii) assess the corrective action and implementation plan proposed by the training organisation and, if the assessment concludes that they are sufficient to address the non-compliance(s), accept these.

• (3) Where a training organisation fails to submit an acceptable corrective action plan, or to perform the corrective action within the time period accepted or extended by the competent authority, the finding shall be raised to a level 1 finding, and action shall be taken as laid down in point (d)(1).

• (e) The competent authority shall record all findings it has raised and, where applicable, the enforcement measures it has applied, as well as all corrective actions and the date of action closure for findings.

• (f) For cases not requiring the issue of level 1 and 2 findings, the competent authority may issue observations.’;

• 1. Appendix 1 to Annex II is replaced by the following:

‘Appendix 1 to Annex II

Format for licence

(STUDENT) AIR TRAFFIC CONTROLLER LICENCE

The (student) air traffic controller licence issued in accordance with this Regulation shall conform to the following specifications:

• (a) Content. The item number shall always be printed in association with the item heading. Items I to XI are the ‘permanent’ items, and items XII to XIV are the ‘variable’ items which may appear on a separate or detachable part of the main form as prescribed below. Any separate or detachable part shall be clearly identifiable as part of the licence.

• 1. Permanent items:

• (I) State of licence issue;

• (II) title of licence;

• (III) serial number of the licence with the United Nations (UN) country code of the State of licence issue and followed by ‘(Student) ATCO Licence’ and a code of numbers and/or letters in Arabic numerals and in Latin script;

• (IV) name of holder in full (in Latin script, even if the script of the national language(s) is other than Latin);

• (IVa) date of birth;

• (V) holder’s address, if required by the competent authority;

• (VI) nationality of holder;

• (VII) signature of holder;

• (VIII) competent authority;

• (IX) certification of validity and authorisation for the privileges granted, including the dates when they were first issued;

• (X) signature of officer issuing the licence and the date of such issue;

• (XI) seal or stamp of the competent authority.

• 1. Variable items:

• (XII) ratings and endorsements with expiry dates;

• (XIII) remarks: language proficiency endorsements; and

• (XIV) any other details required by the competent authority.

• (b) The licence shall be accompanied by a valid medical certificate, except when instructor or assessor privileges are exercised in a synthetic training device environment.

• (c) Material. First-quality paper and/or other suitable material, including plastic cards, shall be used to prevent or readily show any alterations or erasures. Any entries or deletions in the form will be clearly authorised by the competent authority.

• (d) Language. Licences shall be written in English and, if required by Member States, in national language(s) and other languages as deemed appropriate.

Competent authority’s name and logo (English and any language(s) determined by the competent authority)	Requirements8
EUROPEAN UNION (English only)	‘European Union’ to be deleted for non-EU Member States.
(STUDENT) AIR TRAFFIC CONTROLLER LICENCE [English and any language(s) determined by the competent authority] Issued in accordance with Commission Regulation (EU) 2015/340 This licence complies with the ICAO Standards [English and any language(s) determined by the competent authority] EASA Form 152 – Issue 2	The size of each page shall be one-eighth A4.

I	State of issue:	Requirements:
II	Title of licence:
III	Serial number of the licence:	The serial number of the licence will always start with the UN country code of the State of the licence issue followed by ‘(Student) ATCO Licence’.
IV	Name of the holder in full:
IVa	Date of birth:	Standard date format is to be used, i.e. day/month/year in full (e.g. 31.01.2010)
XIV	Place of birth:
V	Holder’s address, if required by the competent authority: Street, town, area, postal code
VI	Nationality of holder:	Indicated by the UN country code of the State
VII	Signature of holder:
VIII	Competent Authority:
X	Signature of officer issuing the licence and date of issue
XI	Seal or stamp of issuing competent authority

IX	Validity of privileges: The holder is entitled to exercise the privileges of the following rating(s) and rating endorsement(s), when validated:	Validity of privileges: The holder is entitled to exercise the privileges of the following rating(s) and rating endorsement(s), when validated:	Validity of privileges: The holder is entitled to exercise the privileges of the following rating(s) and rating endorsement(s), when validated:	Validity of privileges: The holder is entitled to exercise the privileges of the following rating(s) and rating endorsement(s), when validated:	Requirements: English and any language(s) determined by the competent authority. The date of first issue of a rating and/or rating endorsement shall be the date of successful completion of the training relevant to that rating and/or rating endorsement.
IX					Requirements: English and any language(s) determined by the competent authority. The date of first issue of a rating and/or rating endorsement shall be the date of successful completion of the training relevant to that rating and/or rating endorsement.
IX		Rating(s)	Date of first issue		Requirements: English and any language(s) determined by the competent authority. The date of first issue of a rating and/or rating endorsement shall be the date of successful completion of the training relevant to that rating and/or rating endorsement.
IX					Requirements: English and any language(s) determined by the competent authority. The date of first issue of a rating and/or rating endorsement shall be the date of successful completion of the training relevant to that rating and/or rating endorsement.
IX					Requirements: English and any language(s) determined by the competent authority. The date of first issue of a rating and/or rating endorsement shall be the date of successful completion of the training relevant to that rating and/or rating endorsement.
IX					Requirements: English and any language(s) determined by the competent authority. The date of first issue of a rating and/or rating endorsement shall be the date of successful completion of the training relevant to that rating and/or rating endorsement.
IX					Requirements: English and any language(s) determined by the competent authority. The date of first issue of a rating and/or rating endorsement shall be the date of successful completion of the training relevant to that rating and/or rating endorsement.
IX					Requirements: English and any language(s) determined by the competent authority. The date of first issue of a rating and/or rating endorsement shall be the date of successful completion of the training relevant to that rating and/or rating endorsement.
IX					Requirements: English and any language(s) determined by the competent authority. The date of first issue of a rating and/or rating endorsement shall be the date of successful completion of the training relevant to that rating and/or rating endorsement.
IX					Requirements: English and any language(s) determined by the competent authority. The date of first issue of a rating and/or rating endorsement shall be the date of successful completion of the training relevant to that rating and/or rating endorsement.
IX		Rating endorsement(s)	Date of first issue		Requirements: English and any language(s) determined by the competent authority. The date of first issue of a rating and/or rating endorsement shall be the date of successful completion of the training relevant to that rating and/or rating endorsement.
IX					Requirements: English and any language(s) determined by the competent authority. The date of first issue of a rating and/or rating endorsement shall be the date of successful completion of the training relevant to that rating and/or rating endorsement.
IX					Requirements: English and any language(s) determined by the competent authority. The date of first issue of a rating and/or rating endorsement shall be the date of successful completion of the training relevant to that rating and/or rating endorsement.
IX					Requirements: English and any language(s) determined by the competent authority. The date of first issue of a rating and/or rating endorsement shall be the date of successful completion of the training relevant to that rating and/or rating endorsement.
IX					Requirements: English and any language(s) determined by the competent authority. The date of first issue of a rating and/or rating endorsement shall be the date of successful completion of the training relevant to that rating and/or rating endorsement.
IX					Requirements: English and any language(s) determined by the competent authority. The date of first issue of a rating and/or rating endorsement shall be the date of successful completion of the training relevant to that rating and/or rating endorsement.
IX					Requirements: English and any language(s) determined by the competent authority. The date of first issue of a rating and/or rating endorsement shall be the date of successful completion of the training relevant to that rating and/or rating endorsement.
IX					Requirements: English and any language(s) determined by the competent authority. The date of first issue of a rating and/or rating endorsement shall be the date of successful completion of the training relevant to that rating and/or rating endorsement.
IX					Requirements: English and any language(s) determined by the competent authority. The date of first issue of a rating and/or rating endorsement shall be the date of successful completion of the training relevant to that rating and/or rating endorsement.
IX					Requirements: English and any language(s) determined by the competent authority. The date of first issue of a rating and/or rating endorsement shall be the date of successful completion of the training relevant to that rating and/or rating endorsement.
IX					Requirements: English and any language(s) determined by the competent authority. The date of first issue of a rating and/or rating endorsement shall be the date of successful completion of the training relevant to that rating and/or rating endorsement.

XIIa   Ratings and endorsements with expiry dates

The holder is entitled to exercise the privileges of the following rating(s) and rating endorsement(s) at the air traffic service unit(s) for which current unit endorsement(s) is (are) held as detailed below, only if the holder has a valid medical certificate:

Unit (ICAO indicator) 9	Sector/Position 9	Rating/Endorsement	Expiry date 9	Signature/stamp of the authority or licence number and signature of the assessor

XIIb	Other endorsements: The holder is entitled to exercise the privileges of the following endorsement(s)	Other endorsements: The holder is entitled to exercise the privileges of the following endorsement(s)	Other endorsements: The holder is entitled to exercise the privileges of the following endorsement(s)	Other endorsements: The holder is entitled to exercise the privileges of the following endorsement(s)	Requirements: N/A
XIIb					Requirements: N/A
XIIb		OJTI/STDI/Assessor endorsement	Expiry date		Requirements: N/A
XIIb					Requirements: N/A
XIIb					Requirements: N/A
XIIb					Requirements: N/A

XIII	Remarks: Language proficiency endorsement(s): [language(s)/level/expiry date]	Language proficiency endorsement(s), level and expiry date shall be included. All additional licensing information to be entered here.

Abbreviations

Air traffic controller ratings	Air traffic controller ratings	Requirements: N/A
ADV	Aerodrome Control Visual	Requirements: N/A
ADC	Aerodrome Control	Requirements: N/A
APP	Approach Control Procedural	Requirements: N/A
APS	Approach Control Surveillance	Requirements: N/A
ACP	Area Control Procedural	Requirements: N/A
ACS	Area Control Surveillance	Requirements: N/A
Rating endorsements	Rating endorsements	Requirements: N/A
SUR	Aerodrome Control Surveillance	Requirements: N/A
PAR	Precision Approach Radar	Requirements: N/A
SRA	Surveillance Radar Approach	Requirements: N/A
OCN	Oceanic Control	Requirements: N/A
Licence endorsements	Licence endorsements	Requirements: N/A
OJTI	On-the-job training instructor	Requirements: N/A
STDI	Synthetic training device instructor	Requirements: N/A
Assessor	Assessor	Requirements: N/A

’.

The pages referring to the instructions on how the (Student) ATCO Licence has to be filled in are intended for use by the competent authority or the assessor specifically authorised to revalidate or renew the unit endorsements. Initial issues of ratings, rating endorsements, language endorsements, instructor and assessor endorsement will always be entered by the competent authority. Revalidation or renewal of unit endorsements will be entered by the competent authority or by the authorised assessors.

ANNEX III

Annex III (PART ATCO.OR) to Regulation (EU) 2015/340 is amended as follows:

• 1. point ATCO.OR.A.001 is replaced by the following:

‘ATCO.OR.A.001   Scope

This Part, set out in this Annex, establishes the requirements applicable to air traffic controller training organisations and aero-medical centres in order to obtain and maintain a certificate in accordance with Regulation (EU) 2018/1139 and this Regulation.’;

• 1. point ATCO.OR.B.001 is replaced by the following:

‘ATCO.OR.B.001   Application for a training organisation certificate

• (a) Applications for a training organisation certificate shall be submitted to the competent authority in due time to allow the competent authority to evaluate the application. The application shall be submitted in accordance with the procedure established by that authority.

• (b) Applicants for an initial certificate shall demonstrate to the competent authority how they will comply with the requirements established in Regulation (EU) 2018/1139 and in this Regulation.

• (c) An application for a training organisation certificate shall include the following:

• (1) the applicant’s name and address;

• (2) the address(es) of the place(s) of operation (including, where relevant, the list of ATC units) if different from the applicant’s address in point (1);

• (3) the names and contact details of:

• (i) the accountable manager;

• (ii) the head of the training organisation, if different from point (i);

• (iii) the person(s) nominated by the training organisation as the focal point(s) for communication with the competent authority;

• (4) the date of intended start of activity or change;

• (5) a list of types of training to be provided and at least one training course from each type of training that is intended to be provided;

• (6) the declaration of compliance with the applicable requirements which shall be signed by the accountable manager, stating the training organisation’s compliance with the requirements at all times;

• (7) the management system processes; and

• (8) the date of application.’;

• 1. point ATCO.OR.B.005 is replaced by the following:

‘ATCO.OR.B.005   Means of compliance

• (a) An organisation may use any alternative means of compliance to establish compliance with this Regulation.

• (b) If an organisation wishes to use an alternative means of compliance, it shall, prior to using it, provide the competent authority with a full description. The description shall include any revisions to manuals or procedures that may be relevant, as well as an explanation indicating how compliance with this Regulation is achieved.

The organisation may use those alternative means of compliance subject to prior approval from the competent authority.’;

• 1. in point ATCO.OR.B.010, point (b) is replaced by the following:

• ‘(b) In order to ensure that the applicable requirements in Subpart D of Annex I (Part ATCO) are fulfilled, the privilege to provide unit and/or continuation training shall only be granted to training organisations which:

• (1) hold a certificate for the provision of the air traffic control service; or

• (2) have concluded a specific agreement with the ATC provider.’;

• 1. point ATCO.OR.B.015 is replaced by the following:

‘ATCO.OR.B.015   Changes to the training organisation

• (a) The following change shall require prior approval before their implementation, unless such a change is notified and managed in accordance with a procedure approved by the competent authority as laid down in point ATCO.AR.E.010(c):

• (1) a change affecting the scope of the certificate or the terms of approval of the training organisation; or

• (2) a change affecting any relevant element of the training organisation’s management systems.

• (b) For any changes requiring prior approval in accordance with point (a), the training organisation shall apply for and obtain an approval issued by the competent authority. The application shall be submitted before any such change takes place in order to enable the competent authority to determine continued compliance with this Regulation and to amend, if necessary, the training organisation certificate and related terms of approval attached to it.

Training organisations shall provide the competent authority with all relevant documentation.

The change shall only be implemented upon receipt of formal approval by the competent authority in accordance with point ATCO.AR.E.010.

Training organisations shall operate under the conditions prescribed by the competent authority during such changes, as applicable.

• (c) Changes to the elements referred to in point (a) due to unforeseen circumstances shall be notified to the competent authority without delay in order to obtain approval as necessary.

• (d) Training organisations shall notify the competent authority when they cease their activities.’;

• 1. point ATCO.OR.B.020 is replaced by the following:

‘ATCO.OR.B.020   Continued validity

• (a) A training organisation’s certification shall remain valid subject to the certificate not being surrendered or revoked and subject to the training organisation remaining in compliance with the requirements of Regulation (EU) 2018/1139 and this Regulation, taking into account the provisions related to the handling of findings in accordance with point ATCO.OR.B.030.

• (b) The certificate shall be returned to the competent authority without delay upon its revocation or the cessation of all activities.’;

• 1. point ATCO.OR.B.030 is replaced by the following:

‘ATCO.OR.B.030   Findings

After receipt of notification of findings issued by the competent authority in accordance with point ATCO.AR.E.015, the training organisation shall:

• (a) identify the root cause of the finding;

• (b) define a corrective action plan that meets the acceptance of the competent authority; and

• (c) demonstrate corrective action implementation to the satisfaction of the competent authority within the period agreed with that authority as defined in point ATCO.AR.E.015.’;

• 1. point ATCO.OR.B.035 is replaced by the following:

‘ATCO.OR.B.035   Immediate reaction to a safety problem

The training organisation shall implement any safety measures mandated by the competent authority in accordance with point ATCO.AR.A.025 (c) and (d) for the training organisation activities.’;

• 1. point ATCO.OR.B.040 is replaced by the following:

‘ATCO.OR.B.040   Occurrence reporting

• (a) As part of their management system, training organisations providing on-the-job training shall establish and maintain an occurrence-reporting system, including mandatory and voluntary reporting. The training organisations established in a Member State and providing on-the-job training in the territory to which the Treaties apply shall ensure that the system complies with the requirements of Regulation (EU) No 376/2014 and its implementing acts and of Regulation (EU) 2018/1139 and its delegated and implementing acts.

• (b) Training organisations providing on-the-job training shall report to the competent authority and any other organisation required to be informed by the Member State where the training organisation provides on-the-job training, any safety-related event or condition resulting from their training activity that endangers or, if not corrected or addressed, could endanger an aircraft, its occupants or any other person, and in particular any accident or serious incident.

• (c) Without prejudice to Regulation (EU) No 376/2014 and its delegated and implementing acts, reports in accordance with point (b) above shall:

• (1) be made as soon as practicable, but in any case within 72 hours after the organisation became aware of the event or condition to which the report relates unless exceptional circumstances prevent this;

• (2) be made in a form and manner established by the competent authority;

• (3) contain all pertinent information about the condition known to the organisation.

• (d) For training organisations not established in a Member State and providing on-the-job training in the territory to which the Treaties apply, the initial mandatory reports shall:

• (1) appropriately safeguard the confidentiality of the identity of the reporter and of the persons mentioned in the report;

• (2) be made as soon as practicable, but in any case within 72 hours after the organisation became aware of the occurrence unless exceptional circumstances prevent this;

• (3) be made in a form and manner established by the competent authority; and

• (4) contain all pertinent information about the condition known to the organisation.

• (e) Without prejudice to Regulation (EU) No 376/2014 and its delegated and implementing acts, where relevant, a follow-up report providing details of actions the organisation intends to take to prevent similar occurrences in the future shall be made as soon as these actions have been identified; those follow-up reports shall:

• (1) be sent to relevant entities initially reported to as per points (b) and (c); and

• (2) be made in a form and manner established by the competent authority.’;

• 1. in point ATCO.OR.C.010, point (d) is replaced by the following:

• ‘(d) Training organisations shall maintain a record of theoretical instructors with their relevant professional qualifications, including demonstration of adequate knowledge and experience, instructional techniques assessment and subjects they are entitled to teach.’;

• 1. in point ATCO.OR.D.001, point (b) is replaced by the following:

• ‘(b) subjects, topics and subtopics for rating endorsements in accordance with the requirements laid down in Annex I (Part ATCO);’;

• 1. point ATCO.OR.E.001 is replaced by the following:

‘ATCO.OR.E.001   Aero-medical centres

Aero-medical centres (AeMCs) shall apply the provisions of Subparts ORA.GEN and ORA.AeMC of Annex VII to Commission Regulation (EU) No 1178/2011 (the Aircrew Regulation) ¹⁰, with:

• (a) all references to class 1 to be replaced with class 3; and

• (b) all references to Part-MED to be replaced with Part ATCO.MED.’.

ANNEX IV

Annex IV (PART ATCO.MED) to Regulation (EU) 2015/340 is amended as follows:

• 1. in point ATCO.MED.A.005, point (a) is replaced by the following:

• ‘(a) the issue, validity, revalidation and renewal of the medical certificate required for exercising the privileges of an air traffic controller licence or of a student air traffic controller licence; and’;

• 1. in point ATCO.MED.A.020, point (b) is replaced by the following:

• ‘(b) In addition to requirements laid down in point (a), holders of a class 3 medical certificate shall, without undue delay and before exercising the privileges of their licence, seek aero-medical advice when they:

• (1) have undergone a surgical operation or invasive procedure;

• (2) have commenced the regular use of any medication;

• (3) have suffered any significant personal injury involving any incapacity to exercise the privileges of the licence;

• (4) have been suffering from any significant illness involving any incapacity to exercise the privileges of the licence;

• (5) are aware of being pregnant;

• (6) have been admitted to hospital or medical clinic;

• (7) first require correcting lenses.

In these cases, the AeMC or AME shall assess the medical fitness of the licence holder or student air traffic controller and decide whether they are fit to resume the exercise of their privileges.’;

• 1. in point ATCO.MED.A.030, point (a) is replaced by the following:

• ‘(a) Applicants for, and holders of, an air traffic controller licence, or a student air traffic controller licence, shall hold a class 3 medical certificate, except when the privileges are exercised in a synthetic training device environment.’.