Commission Regulation (EU) No 805/2011 (repealed)Show full title

CHAPTER I GENERAL PROVISIONS

Article 1 Objective

The objective of this Regulation is to increase safety standards and to improve the operation of the air traffic control system within the Union through the issuing of an air traffic controller licence based on common licensing requirements.

Article 2 Subject matter and scope

1. This Regulation lays down detailed rules for the issue, suspension, and revocation of licences of air traffic controllers and student air traffic controllers, of associated ratings, endorsements, medical certificates and of certificates of training organisations and the conditions of their validity, renewal, revalidation and use.

2. This Regulation shall apply to:

(a) student air traffic controllers,

(b) air traffic controllers exercising their functions within the scope of Regulation (EC) No 216/2008, and

(c) persons and organisations involved in the licensing, training, testing, checking or medical assessment of applicants in accordance with this Regulation.

3. Subject to Article 1(3) of Regulation (EC) No 216/2008, Member States shall, as far as practicable, ensure that services provided or made available by military personnel to the public referred to in Article 1(2)(c) of that Regulation offer a level of safety that is at least equivalent to the level required by the essential requirements as defined in Annex Vb of that Regulation.

4. With the objective to achieve a harmonised level of safety within the European airspace, Member States may decide to apply this Regulation to their military personnel providing services to the public referred to in Article 1(2)(c) of that Regulation.

5. Air traffic control services within the scope of Regulation (EC) No 216/2008 shall only be provided by air traffic controllers licensed in accordance with this Regulation.

Article 3 Definitions

For the purposes of this Regulation, the following definitions shall apply:

1.

‘air traffic control service’ means a service provided for the purpose of preventing collisions between aircraft, and, on the manoeuvring area, between aircraft and obstructions, and expediting and maintaining an orderly flow of air traffic;

2.

‘air navigation service providers’ means any public or private entity providing air navigation services for general air traffic;

3.

‘general air traffic’ means all movements of civil aircraft, as well as all movements of State aircraft (including military, customs and police aircraft) when these movements are carried out in conformity with the procedures of the ICAO;

4.

‘licence’ means a certificate, by whatever name it may be known, issued and endorsed in accordance with this Regulation and entitling its lawful holder to provide air traffic control services in accordance with the ratings and endorsements contained therein;

5.

‘rating’ means the authorisation entered on or associated with a licence and forming part thereof, stating specific conditions, privileges or limitations pertaining to such licence;

6.

‘rating endorsement’ means the authorisation entered on and forming part of a licence, indicating the specific conditions, privileges or limitations pertaining to the relevant rating;

7.

‘unit endorsement’ means the authorisation entered on and forming part of a licence, indicating the ICAO location indicator and the sectors and/or working positions where the holder of the licence is competent to work;

8.

‘language endorsement’ means the authorisation entered on and forming part of a licence, indicating the language proficiency of the holder;

9.

‘instructor endorsement’ means the authorisation entered on and forming part of a licence, indicating the competence of the holder to give on-the-job training instruction;

10.

‘ICAO location indicator’ means the four-letter code group formulated in accordance with rules prescribed by ICAO in its manual DOC 7910 and assigned to the location of an aeronautical fixed station;

11.

‘sector’ means a part of a control area and/or part of a flight information region/upper region;

12.

‘training’ means the entirety of theoretical courses, practical exercises, including simulation, and on-the-job training required in order to acquire and maintain the skills to deliver safe, high quality air traffic control services; it consists of:

(a)

initial training, providing basic and rating training, leading to the grant of a student licence,

(b)

unit training, including transitional training prior to on-the-job training and on-the-job training, leading to the grant of an air traffic controller licence,

(c)

continuation training, keeping the endorsements of the licence valid,

(d)

training of on-the-job training instructors, leading to the grant of the instructor endorsement,

(e)

training of licence holders entitled to act as competence examiners and/or competence assessors in accordance with Article 24;

13.

‘training organisation’ means an organisation which has been certified by the competent authority to provide one or more types of training;

14.

‘Unit Competence Scheme’ means an approved scheme indicating the method by which the unit maintains the competence of its licence holders;

15.

‘Unit Training Plan’ means an approved plan detailing the processes and timing required toallow the unit procedures to be applied to the local area under the supervision of an on-the-job-training instructor.

Article 4 Competent authority

For the purpose of this Regulation, the competent authority shall be the authority nominated or established by each Member State as their national supervisory authority in order to assume the tasks assigned to such authority under this Regulation with the exception of the certification of training organisations referred to in Article 27, where the competent authority shall be:

(a)

the authority nominated or established by the Member State where the applicant has its principal place of operation or, if any, its registered office, unless provided otherwise in bi-or multilateral agreements between Member States or competent authorities;

(b)

the Agency if the applicant has its principle place of operation or, if any, its registered office, outside the territory of the Member States.