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Regulation (EC) No 216/2008 of the European Parliament and of the Council of 20 February 2008 on common rules in the field of civil aviation and establishing a European Aviation Safety Agency, and repealing Council Directive 91/670/EEC, Regulation (EC) No 1592/2002 and Directive 2004/36/EC (Text with EEA relevance) (repealed)
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Version Superseded: 11/09/2018
Point in time view as at 14/12/2009.
There are currently no known outstanding effects for the Regulation (EC) No 216/2008 of the European Parliament and of the Council (repealed),
ANNEX Vb
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Textual Amendments
Communication services shall achieve and maintain sufficient performance with regard to their availability, integrity, continuity and timeliness. They shall be expeditious and protected from corruption.
Navigation services shall achieve and maintain a sufficient level of performance with regard to guidance, positioning and, when provided, timing information. The performance criteria include accuracy, integrity, availability and continuity of the service.
Surveillance services shall determine the respective position of aircraft in the air and of other aircraft and ground vehicles on the aerodrome surface, with sufficient performance with regard to their accuracy, integrity, continuity and probability of detection.
The tactical management of air traffic flows at Community level shall use and provide sufficiently precise and current information of the volume and nature of the planned air traffic affecting service provision and shall coordinate and negotiate re-routing or delaying traffic flows in order to reduce the risk of overloading situations occurring in the air or at the aerodromes.
The designation of specific volumes of airspace for a certain use shall be monitored, coordinated and promulgated in a timely manner in order to reduce the risk of loss of separation between aircraft in all circumstances.
Airspace structures and flight procedures shall be properly designed, surveyed and validated before they can be deployed and used by aircraft.
ATM/ANS systems and constituents providing related information to and from the aircraft and on the ground shall be properly designed, manufactured, installed, maintained and operated to ensure that they are fit for their intended purpose.
The integrity and safety-related performance of systems and constituents whether on aircraft, on the ground or in space, shall be fit for their intended purpose. They shall meet the required level of operational performance for all their foreseeable operating conditions and for their whole operational life.
Safety levels of systems and constituents shall be maintained during service and any modifications to service.
A person undertaking training as an air traffic controller or as a student air traffic controller, shall be sufficiently mature educationally, physically and mentally to acquire, retain and demonstrate the relevant theoretical knowledge and practical skill.
operational procedures;
task specific aspects;
abnormal and emergency situations; and
human factors.
When an STD is used for practical training on situational awareness and human factors or to demonstrate that skills are acquired or maintained, it shall have a level of performance that allows adequate simulation of the working environment and operational situations appropriate to the training provided.
have appropriate knowledge in the field where instruction is to be given; and
have demonstrated the ability to use appropriate instructional techniques.
meet the theoretical knowledge and the experience requirements appropriate to the instruction being given;
have demonstrated the ability to instruct and to use appropriate instructional techniques;
have practised instructional techniques in those procedures in which it is intended to provide instruction; and
receive regular refresher training to ensure that the instructional competences are maintained.
have demonstrated the ability to assess the performance of, and conduct tests and checks on air traffic controllers; and
receive regular refresher training to ensure that the assessment standards are maintained up to date.
to execute properly the tasks necessary to provide an ATC service,
to perform assigned duties at any time, or
to perceive correctly his/her environment.
the service provider shall have directly or indirectly through contracts the means necessary for the scale and scope of the service. These means shall comprise but are not limited to the following: systems, facilities, including power supply, management structure, personnel, equipment and its maintenance, documentation of tasks, responsibilities and procedures, access to relevant data and record-keeping;
the service provider shall develop and keep up-to-date management and operations manuals relating to the provision of its services and operate in accordance with those manuals. Such manuals shall contain all necessary instructions, information and procedures for the operations, the management system and for operations personnel to perform their duties;
the service provider shall implement and maintain a risk-based management system to ensure compliance with the essential requirements in this Annex and aim for continuous proactive improvement of this system;
the service provider shall use only suitably qualified and trained personnel and implement and maintain training and checking programmes for the personnel;
the service provider shall establish formal interfaces with all the other contributors to the service provision to ensure compliance with these essential requirements;
the service provider shall establish and implement a contingency plan covering emergency and abnormal situations that may occur in relation to its services;
the service provider shall establish and maintain an accident and incident prevention and safety programme including an occurrence reporting and analysis programme, which shall be used by the management system in order to contribute to the aim of continuous improvement of safety; and
the service provider shall make arrangements to verify that the safety performance requirements of any system and constituent they operate are met at any time.
the prevention of fatigue of personnel providing an ATC service shall be managed through a rostering system. Such a rostering system needs to address duty periods, duty time and adapted rest periods. Limitations established within the rostering system shall take into account relevant factors contributing to fatigue such as, in particular, sleep deprivation, disruption of circadian cycles, night hours, cumulative duty time for given periods of time and also the sharing of allocated tasks between personnel;
the prevention of stress of personnel providing an ATC service shall be managed through education and prevention programmes;
the ATC service provider shall have in place procedures to verify that the cognitive judgement of personnel providing ATC services is not impaired or their medical fitness insufficient;
the ATC service provider shall take into account operational and technical constraints as well as human factor principles in its planning and operations.
The service provider shall keep relevant airspace users and ATS units informed on a timely basis of the operational status (and changes thereof) of their services provided for ATS purposes.
A training organisation providing training for personnel providing an ATC service shall meet the following requirements:
have all the means necessary for the scope of responsibilities associated with their activity. These means comprise, but are not limited to, the following: facilities, personnel, equipment, methodology, documentation of tasks, responsibilities and procedures, access to relevant data and record-keeping;
implement and maintain a management system relating to safety and the standard of training, and aim for continuous improvement of this system; and
establish arrangements with other relevant organisations, as necessary, to ensure continuing compliance with these essential requirements.]
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