Commission Implementing Regulation (EU) 2023/1772 of 12 September 2023 amending Implementing Regulation (EU) No 923/2012 as regards the operating rules related to the use of Air Traffic Management and Air Navigation Services systems and constituents in the Single European Sky airspace and repealing Regulation (EC) No 1033/2006

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 31 and Article 44(1), point (a), thereof,

Whereas:

(1) In accordance with Article 140(2) of Regulation (EU) 2018/1139, the implementing rules adopted on the basis of the repealed Regulation (EC) No 552/2004 of the European Parliament and of the Council (2) are to be adapted to the provisions of Regulation (EU) 2018/1139, not later than 12 September 2023.

(2) Commission Regulation (EC) No 1033/2006 (3) lays down the requirements on procedures for flight plans in the pre-flight phase for the Single European Sky.

(3) Commission Implementing Regulation (EU) No 923/2012 (4) lays down the common rules of the air and operational provisions regarding services and procedures in air navigation.

(4) In order to ensure the continuity of the requirements for the use of the air traffic management and air navigation services (‘ATM/ANS’) equipment in the Single European Sky airspace, Implementing Regulation (EU) No 923/2012 should be amended to include the relevant requirements for flight planning contained in Regulation (EC) No 1033/2006, which is being repealed by this Regulation.

(5) As the Network Manager is entrusted with flight plan processing tasks in the pre-flight phase, Implementing Regulation (EU) No 923/2012 should also apply to the Network Manager.

(6) It is essential that all users adhere to the operations manuals developed and maintained by the Network Manager when they submit flight plans.

(7) The repetitive flight plans (RPL) are no longer applicable in the EUR region, thus any reference to RPL should be removed.

(8) Requirements related to procedures for flight plans in the pre-flight phase for the Single European Sky that are set out in Regulation (EC) No 1033/2006 do not apply to services provided in the Single European Sky airspace outside the International Civil Aviation Organization (ICAO) European (EUR) region as defined in the EUR Air Navigation Plan Volume I (Doc 7754) of ICAO due to their local low traffic volume and geographic situation with airspace borders only with airspace under the responsibility of a third-country ATM/ANS providers, which justifies different local coordination arrangements with surrounding non-EU States.

(9) Regulation (EC) No 1033/2006 should therefore be repealed and Implementing Regulation (EU) No 923/2012 should therefore be amended accordingly.

(10) The amended requirements set out in this Regulation have taken due account of the content of the Air Traffic Management Master Plan and the communication, navigation and surveillance capabilities contained in it.

(11) The European Union Aviation Safety Agency has proposed measures in its Opinion No 01/2023 (5) in accordance with Article 75(2), points (b) and (c), and Article 76(1) of Regulation (EU) 2018/1139.

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

HAS ADOPTED THIS REGULATION:

Article 1

Amendments to Implementing Regulation (EU) No 923/2012

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

(1) In Article 1, paragraph 3 is replaced by the following: ‘3.   This Regulation shall also apply to the competent authorities of the Member States, air navigation service providers, the Network Manager, aerodrome operators and ground personnel engaged in aircraft operations.’

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

Article 2

Repeal

Regulation (EC) No 1033/2006 is repealed.

Article 3

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.

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

Done at Brussels, 12 September 2023.

For the Commission The President Ursula VON DER LEYEN

(1) OJ L 212, 22.8.2018, p. 1.

(2) Regulation (EC) No 552/2004 of the European Parliament and of the Council of 10 March 2004 on the interoperability of the European Air Traffic Management network (the interoperability Regulation) (OJ L 96, 31.3.2004, p. 26).

(3) Commission Regulation (EC) No 1033/2006 of 4 July 2006 laying down the requirements on procedures for flight plans in the pre-flight phase for the single European sky (OJ L 186, 7.7.2006, p. 46).

(4) Commission Implementing Regulation (EU) No 923/2012 of 26 September 2012 laying down the common rules of the air and operational provisions regarding services and procedures in air navigation and amending Implementing Regulation (EU) No 1035/2011 and Regulations (EC) No 1265/2007, (EC) No 1794/2006, (EC) No 730/2006, (EC) No 1033/2006 and (EU) No 255/2010 (OJ L 281, 13.10.2012, p. 1).

(5) https://www.easa.europa.eu/document-library/opinions