Commission Implementing Regulation (EU) 2024/404 of 30 January 2024 amending Implementing Regulation (EU) No 923/2012 as regards the updates of relevant ICAO provisions, the completion of the radio communication failure procedure and removing the supplement to the Annex to that Regulation

THE EUROPEAN COMMISSION,

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

Having regard to the 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 Articles 43(1) letter (a) and 44(1) letter (a) thereof,

Whereas:

(1) Commission Implementing Regulation (EU) No 923/2012 (2) lays down the common rules of the air and operational provisions regarding services and procedures in air navigation that are applicable to general air traffic (the so-called rules of the air).

(2) Certain recent developments by the International Civil Aviation Organisation (‘ICAO’) have to be reflected in the Union rules. In particular, relevant parts of ICAO amendment 45 to Annex 2, amendments 77 to 79 to Annex 3, amendment 92 to Annex 10 Volume II, amendment 52 to Annex 11 to the Chicago Convention, amendments 7A and 7B, 8 and 9 to Doc 4444 (PANS-ATM) and amendments to Doc 7030 (Regional Supplementary Procedures, European (EUR) Region) should be reflected in Implementing Regulation (EU) No 923/2012. Therefore, certain definitions related to the meteorological conditions, certain provisions related to air traffic control service, such as clearances related to special Visual Flight Rules (‘VFR’), actions to be taken in case of deviation from the current flight plan, abbreviated position reports, weather report transmission, and certain radiotelephony and phraseology requirements, such as the indication of the wake turbulence category, the use of data-link systems in weather avoidance communications, the clearance on Standard Instrument Departure and Arrival routes should be amended. In addition, a comprehensive procedure on radio-communication failures should be established.

(3) Whenever amendments to Regulation (EU) No 923/2012 affect the compliance with ICAO Standards and Recommended practices, Member States are to formally notify ICAO of subsequent amendments to the differences previously notified or of any new difference created by the amendments to this Regulation in line with the relevant Council Decision establishing the criteria and the procedure for establishing the position to be taken on the European Union’s behalf within the ICAO as regards the adoption of, or amendments to, international standards and recommended practices, and the notification of differences with respect to adopted international standards. Furthermore, considering the new obligations of the European Union Aviation Safety Agency (‘the Agency’) introduced by Article 90(4) of Regulation (EU) 2018/1139 to provide information on the compliance of that and of delegated and implementing acts adopted on the basis thereof with the international standards and recommended practices, the Supplement to the Annex to Implementing Regulation (EU) No 923/2012 is no longer needed.

(4) Therefore, Article 5 and supplement to the Annex to Implementing Regulation (EU) No 923/2012 should be deleted and Article 6 should be amended accordingly.

(5) In order to ensure consistency with Commission Regulation (EU) No 139/2014 (3) concerning the signals to be used, in all visibility conditions, in the case of radio communication failure between the air traffic services unit and vehicles or pedestrians on the manoeuvring area of aerodromes, Appendix 1 on Signals of Regulation (EU) No 923/2012 should be amended to include the relevant provisions from Regulation (EU) No 139/2014.

(6) Appendix 6 to the Annex to Implementing Regulation (EU) No 923/2012 contains a number of minor drafting and clerical errors. Therefore, Appendix 6 should be amended in order to correct those errors.

(7) Therefore, Implementing Regulation (EU) No 923/2012 should be amended accordingly.

(8) To ensure a smooth implementation of the measures introduced by this Regulation while keeping a high and uniform level of civil aviation safety in the Union, the industry and the competent authorities of the Member States should be given sufficient time to adapt to the measures introduced by this Regulation, in particular those related to the new framework for radio-communication failure procedure and for the Standard Instrument Departure and Arrival procedures and phraseology. In that view, this Regulation should apply 12 months after its entry into force.

(9) To ensure correctness of flight plans filed in accordance with Appendix 6 to the Annex to Implementing Regulation (EU) No 923/2012 the corrections introduced by this Implementing Regulation should apply as of the date of its entry into force.

(10) The Agency assisted the Commission in accordance with Article 75(2), points (b) and (c) and Article 76(1) of Regulation (EU) 2018/1139 and submitted to the Commission the related Opinion No 02/2023 on 18 August 2023.

(11) The measures provided for in this Regulation are in accordance with the opinion of the Committee for the application of common safety rules in the field of civil aviation established by Article 127 of Regulation (EU) 2018/1139,

HAS ADOPTED THIS REGULATION:

Article 1

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

(2) Article 3 is replaced by the following: ‘Article 3 Compliance The Member States shall ensure compliance with the common rules and provisions set out in the Annex to this Regulation without prejudice to the flexibility provisions contained in Article 71 of Regulation (EU) 2018/1139 and the safeguards contained in Article 13 of Regulation (EC) No 549/2004.’

(3) Article 5 is deleted;

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

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.

It shall apply from 1 May 2025, except for point (22) of the Annex which shall apply on the date of entry into force.

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

Done at Brussels, 30 January 2024.

For the Commission The President Ursula VON DER LEYEN

(1) OJ L 212, 22.8.2018, p. 1.

(2) 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).

(3) 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).