xmlns:atom="http://www.w3.org/2005/Atom" xmlns:atom="http://www.w3.org/2005/Atom"
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to 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)(1), and in particular Article 3(1) thereof,
Having regard to Regulation (EC) No 549/2004 of the European Parliament and of the Council of 10 March 2004 laying down the framework for the creation of the single European sky (the framework Regulation)(2), and in particular Article 8(2) thereof,
Whereas:
(1) Operation of air traffic management requires safe and efficient mechanisms for the notification, coordination and transfer of flights between air traffic control units. Provision of such mechanisms within the European Air Traffic Management Network requires the automatic exchange of flight data between flight data processing systems. Examination of the current situation within the Community has revealed that in some Member States those mechanisms have not yet reached a satisfactory level, and require further improvement. It is therefore necessary to lay down requirements for flight data processing systems with regard to interoperability, performance and quality of service of their flight data exchange functions.
(2) The European Organisation for the Safety of Air Navigation (Eurocontrol) has been mandated in accordance with Article 8(1) of Regulation (EC) No 549/2004 to develop requirements for automatic systems for the exchange of flight data for the purpose of notification, coordination and transfer of flights. This Regulation is based on the resulting mandate report of 31 March 2005.
(3) The Eurocontrol standard for on-line data exchange was annexed to Commission Regulation (EC) No 2082/2000 of 6 September 2000 adopting Eurocontrol standards and amending Directive 97/15/EC, adopting Eurocontrol standards and amending Council Directive 93/65/EEC(3), making its use mandatory within the Community in the event of procurement of new flight data processing systems. As Regulation (EC) No 2082/2000 was repealed with effect from 20 October 2005, it is necessary to update Community legislation, so as to ensure the consistency of relevant regulatory provisions.
(4) This Regulation should not cover military operation and training as referred in Article 1(2) of Regulation (EC) No 549/2004.
(5) In a Statement by the Member States on military issues related to the single European sky(4), the Member States committed themselves to cooperate with each other, taking into account national military requirements, in order that the concept of flexible use of airspace is fully and uniformly applied in all Member States by all users of airspace.
(6) The application of the concept of the flexible use of airspace, as defined in Article 2(22) of Regulation (EC) No 549/2004, requires the establishment of systems for the timely exchange of flight data between air traffic service units and controlling military units.
(7) Automated processes related to notification and initial coordination should be implemented by area control centres to provide consistent flight information at both the transferring and receiving units and to support the coordination of the planned transfer of flights. They were part of the standards laid down by Regulation (EC) No 2082/2000 and should therefore be applied from the date of entry into force of this Regulation.
(8) Flight information transmitted during the initial coordination process should be kept up to date. Automated processes should therefore be implemented progressively in order to allow revision of the information related to flights previously subject to an initial coordination process or abrogation of coordination when the accepting unit is no longer concerned by the flight.
(9) Air traffic control units other than area control centres could draw benefit from the implementation of automated processes for notification, initial coordination, revision of coordination and abrogation of coordination of flights. If they choose to do so, the need for interoperability of the European Air Traffic Management Network (hereinafter EATMN) means that they must apply the same requirements as apply to area control centres.
(10) Timely exchange of flight data between air traffic services units and controlling military units should rely on the progressive implementation of automated processes. A first step should be the introduction of transmission of basic flight data between such civil and military units, together with the possibility to update them as required.
(11) Additional automated processes have been identified which would further strengthen the coordination between air traffic control units or between air traffic services units and controlling military units. If they choose to apply additional automated processes, the need for interoperability of the EATMN means that they must apply harmonised requirements to these processes.
(12) The implementation of this Regulation should allow further developments for the achievement of higher levels of interoperability.
(13) With a view to maintaining or enhancing existing safety levels of operations Member States should be required to ensure the conduct by the parties concerned of a safety assessment including hazard identification, risk assessment and mitigation processes. Harmonised implementation of these processes to the systems covered by this Regulation requires the identification of specific safety requirements for all mandatory interoperability, performance and quality of service requirements.
(14) In accordance with Article 3(3)(d) of Regulation (EC) No 552/2004, implementing rules for interoperability should describe the specific conformity assessment procedures to be used to assess either the conformity or the suitability for use of constituents as well as the verification of systems.
(15) In accordance with Article 10(1) and (2) of Regulation (EC) No 552/2004, the dates for the application of transitional arrangements may be specified by the relevant implementing rules for interoperability.
(16) Manufacturers and air navigation service providers should be afforded a period of time to develop new constituents and systems in conformity with the new technical requirements.
(17) The measures provided for in this Regulation are in accordance with the opinion of the Single Sky Committee established by Article 5 of Regulation (EC) No 549/2004,
HAS ADOPTED THIS REGULATION:
1.This Regulation lays down requirements for the automatic exchange of flight data for the purpose of notification, coordination and transfer of flights between air traffic control units and for the purposes of civil-military coordination.
2.This Regulation shall apply to:
(a)flight data processing systems serving air traffic control units providing services to general air traffic;
(b)flight data exchange systems supporting the coordination procedures between air traffic services units and controlling military units.
3.This Regulation shall not apply to the exchange of flight data between air traffic control units served by flight data processing systems identified in paragraph 2 for which the flight data covered by this Regulation are synchronised by means of a common system.
1.For the purpose of this Regulation the definitions set out in Regulation (EC) No 549/2004 shall apply.
2.In addition to the definitions referred to in paragraph 1 the following definitions shall apply:
‘notification’ means the transmission by the transferring unit of data to update the system at the receiving unit in preparation for the coordination;
‘coordination’ means the coordination between air traffic control units of the planned passage of flights across the common boundary, in order to ensure flight safety;
‘air traffic control unit’ (hereinafter ATC unit) means variously area control centre, approach control unit or aerodrome control tower;
‘civil-military coordination’ means the coordination between civil and military parties authorised to make decisions and agree a course of action;
‘flight data processing system’ means the part of an air traffic services system which receives, automatically processes and distributes to air traffic control units working positions, flight plan data and associated messages;
‘air traffic services unit’ (hereinafter ATS unit) means a unit, civil or military, responsible for providing air traffic services;
‘controlling military unit’ means any fixed or mobile military unit handling military air traffic and/or pursuing other activities that due to their specific nature may require airspace reservation or restriction;
‘transferring unit’ means the air traffic control unit in the process of transferring the responsibility for providing an air traffic control service to an aircraft to the next ATC unit along the route of flight;
‘receiving unit’ means the air traffic control unit who receives data;
‘boundary’ means a lateral or vertical plane delineating the airspace in which an ATC unit provides air traffic services;
‘area control centre’ (hereinafter ACC) means a unit established to provide air traffic control service to controlled flights in control areas under its responsibility;
‘working position’ means the furniture and technical equipment at which a member of the air traffic services staff undertakes task associated with their job;
‘flight plan’ means specified information provided to air traffic services units, relative to an intended flight or portion of a flight of an aircraft;
‘warning’ means a message displayed at a working position when the automated coordination process has failed;
‘estimate data’ means the coordination point, the estimated time of an aircraft and the expected flight level of the aircraft at the coordination point;
‘secondary surveillance radar’ (hereinafter SSR) means a surveillance radar system which uses transmitters or receivers and transponders;
‘letter of agreement’ means an agreement between two adjacent ATC units that specifies how their respective ATC responsibilities are to be coordinated;
‘transfer of control point’ means a point on the flight path of an aircraft, at which the responsibility for providing air traffic services to the aircraft is transferred from one ATC unit to the next;
‘coordination data’ mean data of interest to operational staff in connection with the process of notification, coordination and transfer of flights and with the process of civil-military coordination;
‘transfer flight level’ means the flight level agreed during the coordination if in level flight, or the cleared flight level to which the flight is proceeding if climbing or descending at the coordination point;
‘accepting unit’ means the air traffic control unit next to take control of an aircraft;
‘coordination point’ (hereinafter COP) means a point on or adjacent to the boundary used by the ATC units and referred to in coordination processes;
‘notified unit’ means the ATC unit that has received the notification information;
‘correlation’ means the process of linking the flight plan data and the radar track of the same flight;
‘release’ means the authorising by the controller transferring an aircraft of a controller at the accepting unit to issue control instructions to the aircraft prior to its passing the transfer of control point;
‘availability’ means the degree to which a system or component is operational and accessible when required for use;
‘reliability’ means the probability that the ground installation operates within the specified tolerances.
1.Air navigation service providers shall ensure that the systems referred to in Article 1(2)(a) and serving ACCs, comply with the interoperability and performance requirements specified in Annex I, Parts A and B.
2.Air navigation service providers that have specified in their letter of agreement that they will implement the notification, the initial coordination, the revision of coordination, the abrogation of coordination, the basic flight data or the change to basic flight data processes between ATC units other than ACCs, shall ensure that the systems referred to in Article 1(2)(a), comply with the interoperability and performance requirements specified in Annex I, Parts A and B.
3.Air navigation service providers that have specified in their letter of agreement that they will implement the pre-departure notification and coordination, the change of frequency or the manual assumption of communications processes, shall ensure that the systems referred in Article 1(2)(a) comply with the interoperability and performance requirements specified in Annex I, Parts A and C.
[F1[X13a.] Air navigation service providers providing data link services in accordance with Regulation (EC) No 29/2009 shall ensure that the systems referred to in Article 1(2)(a) and serving area control centres, comply with the interoperability and performance requirements specified in Annex I, Parts A and D.]
4.[F2The Secretary of State] shall ensure that the systems referred to in Article 1(2)(b) comply with the interoperability and performance requirements specified in Annex I, Parts A and B, in respect of the basic flight data and the change of basic flight data processes.
5.When air traffic services units and controlling military units have implemented between their systems referred to in Article 1(2)(b) the crossing intention notification, the crossing clearance request, the crossing counter-proposal or the crossing cancellation processes, [F3the Secretary of State] shall ensure that these systems comply with the interoperability and performance requirements specified in Annex I, Parts A and C.
Editorial Information
X1Substituted by Corrigendum to Commission Regulation (EC) No 30/2009 of 16 January 2009 amending Regulation (EC) No 1032/2006 as far as the requirements for automatic systems for the exchange of flight data supporting data link services are concerned (Official Journal of the European Union L 13 of 17 January 2009).
Textual Amendments
F1Inserted by Commission Regulation (EC) No 30/2009 of 16 January 2009 amending Regulation (EC) No 1032/2006 as far as the requirements for automatic systems for the exchange of flight data supporting data link services are concerned (Text with EEA relevance).
F2Words in Art. 3(4) substituted (31.12.2020) by The Air Traffic Management (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/459), regs. 1(2), 97(2); 2020 c. 1, Sch. 5 para. 1(1)
F3Words in Art. 3(5) substituted (31.12.2020) by The Air Traffic Management (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/459), regs. 1(2), 97(3); 2020 c. 1, Sch. 5 para. 1(1)
1.Air navigation service providers shall ensure that the systems referred to in Article 1(2)(a) comply with the requirements concerning quality of service, specified in Annex II.
2.[F4The Secretary of State] shall ensure that the systems referred to in Article 1(2)(b) comply with the requirements concerning quality of service, specified in Annex II.
Textual Amendments
F4Words in Art. 4(2) substituted (31.12.2020) by The Air Traffic Management (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/459), regs. 1(2), 98; 2020 c. 1, Sch. 5 para. 1(1)
1.For a flight subject to initial coordination, the agreed transfer conditions of a flight shall be operationally binding for both ATC units unless the coordination is abrogated or revised.
2.For a flight subject to revision of coordination, the agreed transfer conditions of a flight shall be operationally binding for both ATC units unless the coordination is abrogated or the conditions are further revised.
3.Where completion of the revision or abrogation of coordination process is not confirmed in accordance with the applicable quality of service requirements, the transferring unit shall initiate verbal coordination.
[F5The CAA] shall take the necessary measures to ensure that any changes to the existing automatic systems for the exchange of flight data covered by this Regulation or the introduction of new systems are preceded by a safety assessment, including hazard identification, risk assessment and mitigation, conducted by the parties concerned.
During this safety assessment, the safety requirements specified in Annex III shall be taken into consideration as a minimum.
Textual Amendments
F5Words in Art. 6 substituted (31.12.2020) by The Air Traffic Management (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/459), regs. 1(2), 99; 2020 c. 1, Sch. 5 para. 1(1)
Before issuing [F6a] declaration of conformity or suitability for use referred to in Article 5 of Regulation (EC) No 552/2004, manufacturers of constituents of the systems referred to in Article 1(2)(a) and (b) shall assess the conformity or suitability for use of these constituents in compliance with the requirements set out in Annex IV, Part A.
Textual Amendments
F6Word in Art. 7 substituted (31.12.2020) by The Air Traffic Management (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/459), regs. 1(2), 100; 2020 c. 1, Sch. 5 para. 1(1)
1.Air navigation service providers which can demonstrate that they fulfil the conditions set out in Annex V shall conduct a verification of the systems referred to in Article 1(2)(a) in compliance with the requirements set out in Annex IV, Part B.
2.Air navigation service providers which cannot demonstrate that they fulfil the conditions set out in Annex V shall subcontract to [F7an appointed] body a verification of the systems referred to in Article 1(2)(a). This verification shall be conducted in compliance with the requirements set out in Annex IV, Part C.
3.[F8The Secretary of State] shall ensure that the verification of the systems referred in Article 1(2)(b) demonstrates the conformity of these systems with the interoperability and performance, quality of service and safety requirements of this Regulation.
Textual Amendments
F7Words in Art. 8(2) substituted (31.12.2020) by The Air Traffic Management (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/459), regs. 1(2), 101(2); 2020 c. 1, Sch. 5 para. 1(1)
F8Words in Art. 8(3) substituted (31.12.2020) by The Air Traffic Management (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/459), regs. 1(2), 101(3); 2020 c. 1, Sch. 5 para. 1(1)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F9Art. 9 omitted (31.12.2020) by virtue of The Air Traffic Management (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/459), regs. 1(2), 102; 2020 c. 1, Sch. 5 para. 1(1)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F10Art. 10 omitted (31.12.2020) by virtue of The Air Traffic Management (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/459), regs. 1(2), 103; 2020 c. 1, Sch. 5 para. 1(1)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F11Art. 11 omitted (31.12.2020) by virtue of The Air Traffic Management (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/459), regs. 1(2), 104; 2020 c. 1, Sch. 5 para. 1(1)
F12...
Textual Amendments
F12Words in Signature omitted (31.12.2020) by virtue of The Air Traffic Management (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/459), regs. 1(2), 105; 2020 c. 1, Sch. 5 para. 1(1)
aircraft identification,
SSR mode and code (if available),
departure aerodrome,
estimate data,
destination aerodrome,
number and type of aircraft,
type of flight,
equipment capability and status.
COP,
expected SSR code at the transfer of control point,
aerodrome of destination,
type of aircraft,
equipment capability and status.
aircraft identification,
SSR mode and code,
departure aerodrome,
estimate data,
destination aerodrome,
number and type of aircraft,
type of flight,
equipment capability and status.
a bilaterally agreed parameter time period before the estimated time at the coordination point, or
the time at which the flight is at a bilaterally agreed distance from the coordination point,
in accordance with the letters of agreement.
SSR mode and code,
estimated time and flight level,
equipment capability and status.
coordination point,
route.
the estimated time over at the coordination point differs from that previously provided by more than a value bilaterally agreed,
the transfer level(s), SSR code or equipment capability and status is different from that previously provided.
coordination point,
route.
the unit is no longer the next unit in the coordination sequence,
the flight plan is cancelled in the sending unit and the coordination is no longer relevant,
abrogation of coordination information is received from the previous unit in respect of the flight.
the unit is no longer the next unit in the coordination sequence,
the flight plan is cancelled in the sending unit and the coordination is no longer relevant,
an abrogation of coordination is received from the previous unit in respect of the flight,
the flight is delayed en-route and a revised estimate cannot be determined automatically.
aircraft identification,
SSR mode and code.
aircraft identification,
SSR mode and code (if available),
departure aerodrome,
estimated take-off time or estimate data, as bilaterally agreed,
destination aerodrome,
number and type of aircraft.
type of flight,
equipment capability and status.
aircraft identification.
release indication,
cleared flight level,
assigned heading/track or direct clearance,
assigned speed,
assigned rate of climb/descent.
current track position,
instructed frequency.
aircraft identification,
SSR mode and code,
number and type of aircraft,
sector in charge identifier,
crossing route including estimated times and flight levels for each point on the route.
aircraft identification,
SSR mode and code,
number and type of aircraft,
sector in charge identifier,
crossing route including estimated times and flight levels for each point on the route.
an acceptance of the proposed route/airspace crossing details, or,
a counter-proposal including different route/airspace crossing details as specified in section 6 below, or
a rejection of the proposed route/airspace crossing details.
aircraft identification,
crossing route including estimated times and flight levels for each point on the route.
the flight previously notified by a basic flight data process will now not enter the airspace of the notified unit or is no longer of interest to the notified unit,
the crossing will not be executed on the route expressed in the crossing notification information,
the crossing will not be executed according to the conditions under negotiation or according to the conditions agreed after an airspace crossing dialogue.
aircraft identification,
departure aerodrome,
destination aerodrome,
logon type,
logon parameters.
a parameter number of minutes before the estimated time at the coordination point,
the time at which the flight is at a bilaterally agreed distance from the coordination point,
in accordance with the letters of agreement.
aircraft identification,
departure aerodrome,
destination aerodrome.
Textual Amendments
determine the appropriate test environment,
verify that the test plan describes the constituents in the test environment,
verify that the test plan provides full coverage of applicable requirements,
ensure the consistency and quality of the technical documentation and the test plan,
plan the test organisation, staff, installation and configuration of test platform,
perform the inspections and tests as specified in the test plan,
write the report presenting the results of inspections and tests.
Textual Amendments
F14Word in Annex 4 Pt. A point 4 omitted (31.12.2020) by virtue of The Air Traffic Management (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/459), regs. 1(2), 106(2); 2020 c. 1, Sch. 5 para. 1(1)
description of the implementation,
the report of inspections and tests achieved before putting the system into service.
determine the appropriate simulated operational and technical environment reflecting the operational environment,
verify that the test plan describes the integration of information exchanges supporting the process of notification, coordination and transfer of flights and the process of civil-military coordination in the system tested in a simulated operational and technical environment,
verify that the test plan provides full coverage of the interoperability and performance, quality of service and safety requirements of this Regulation,
ensure the consistency and quality of the technical documentation and the test plan,
plan the test organisation, staff, installation and configuration of the test platform,
perform the inspections and tests as specified in the test plan,
write the report presenting the results of inspections and tests.
Textual Amendments
F15Word in Annex 4 Pt. B point 7 omitted (31.12.2020) by virtue of The Air Traffic Management (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/459), regs. 1(2), 106(3)(a); 2020 c. 1, Sch. 5 para. 1(1)
F16Word in Annex 4 Pt. B point 7 substituted (31.12.2020) by The Air Traffic Management (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/459), regs. 1(2), 106(3)(b); 2020 c. 1, Sch. 5 para. 1(1)
description of the implementation,
the report of inspections and tests achieved before putting the system into service.
Textual Amendments
F17Words in Annex 4 Pt. C point 5 substituted (31.12.2020) by The Air Traffic Management (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/459), regs. 1(2), 106(4)(a); 2020 c. 1, Sch. 5 para. 1(1)
verify that the test plan describes the integration of information exchanges supporting the process of notification, coordination and transfer of flights and the process of civil-military coordination in the system tested in a simulated operational and technical environment,
verify that the test plan provides full coverage of the interoperability and performance, quality of service and safety requirements of this Regulation,
ensure the consistency and quality of the technical documentation and the test plan,
plan the test organisation, staff, installation and configuration of the test platform,
perform the inspections and tests as specified in the test plan,
write the report presenting the results of inspections and tests.
Textual Amendments
F18Words in Annex 4 Pt. C point 6 substituted (31.12.2020) by The Air Traffic Management (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/459), regs. 1(2), 106(4)(b); 2020 c. 1, Sch. 5 para. 1(1)
Textual Amendments
F19Words in Annex 4 Pt. C point 7 substituted (31.12.2020) by The Air Traffic Management (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/459), regs. 1(2), 106(4)(b); 2020 c. 1, Sch. 5 para. 1(1)
Textual Amendments
F20Words in Annex 4 Pt. C point 8 substituted (31.12.2020) by The Air Traffic Management (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/459), regs. 1(2), 106(4)(b); 2020 c. 1, Sch. 5 para. 1(1)
Textual Amendments
F21Word in Annex 4 Pt. C point 9 omitted (31.12.2020) by virtue of The Air Traffic Management (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/459), regs. 1(2), 106(4)(c)(i); 2020 c. 1, Sch. 5 para. 1(1)
F22Word in Annex 4 Pt. C point 9 substituted (31.12.2020) by The Air Traffic Management (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/459), regs. 1(2), 106(4)(c)(ii); 2020 c. 1, Sch. 5 para. 1(1)