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Commission Implementing Regulation (EU) 2019/123Show full title

Commission Implementing Regulation (EU) 2019/123 of 24 January 2019 laying down detailed rules for the implementation of air traffic management (ATM) network functions and repealing Commission Regulation (EU) No 677/2011 (Text with EEA relevance)

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ANNEX IIU.K.AIR TRAFFIC FLOW MANAGEMENT FUNCTION

PART AU.K.Objective and scope

1.The objective of the Air Traffic Flow Management (ATFM) function is to:U.K.

(a)

ensure the achievement of an efficient utilisation of the available capacity of the [F1UK ATMS];

(b)

facilitate the planning, coordination and execution of ATFM measures taken by all operational stakeholders.

(c)

facilitate accommodation of military requirements and crisis management responses;

(d)

ensure regional connectivity and interoperability of the European network within the ICAO EUR Region and with adjacent ICAO regions.

Textual Amendments

2.ATFM and contingency procedures referred to in point 15 of Part B of this Annex shall ensure better traffic predictability and optimise the available capacity of the [F2UK ATMS] (including at airports) and aim at increasing the consistency between airport slots and flight plans.U.K.

Textual Amendments

3.ATFM function shall follow detailed working arrangements for the implementation of ATFM measures. All operational stakeholders involved shall adhere to rules and procedures that ensure that air traffic control capacity is used safely and to the maximum extent possible;U.K.

4.The ATFM function shall cover all ATFM phases (strategic, pre-tactical, tactical and post operations) as identified in the ICAO provisions referred to in the Appendix. It shall comply with these ICAO provisions.U.K.

5.The ATFM function shall apply to the following parties, or agents acting on their behalf, involved in ATFM processes:U.K.

(a)

aircraft operators;

(b)

air traffic service (ATS) providers, including ATS units, ATS reporting offices and aerodrome control service units;

(c)

aeronautical information services providers;

(d)

entities involved in airspace management;

(e)

airport operators;

(f)

F3...

(g)

local ATFM units as referred to in point 6 of Part A of this Annex;

(h)

slot coordinators at coordinated airports.

Textual Amendments

6.‘Local ATFM Unit’ means a flow management entity operating on behalf of one or more other flow management entities as the interface between the [F4unit providing central ATFM] and an ATS unit or a group of ATS units. It can operate at ATS unit level, at national level, F5... or at any other sub-regional level;U.K.

Textual Amendments

[F66a.‘Central ATFM’ means the air traffic flow management functions provided centrally by Eurocontrol where it compares flight plans with available airspace capacity and makes adjustments to minimise delays in air traffic;]U.K.

Textual Amendments

7.The local ATFM units F7... shall support the execution of the ATFM function.U.K.

Textual Amendments

PART BU.K.Planning and operational principles

1.The F8... operational stakeholders shall plan and execute the tasks supporting the ATFM function for:U.K.

(a)

all phases of all flights intended to operate or operating as general air traffic and in accordance with the Instrument Flight Rules (IFR) in whole or in part;

(b)

all phases of flights referred to in point (a) and air traffic management.

Textual Amendments

2.Appropriate cooperation and coordination shall be ensured [F9with] the relevant ICAO working arrangements covering ATFM aspects at the interfaces.U.K.

Textual Amendments

3.Military aircraft operating as general air traffic shall be subject to ATFM measures when operating or intending to operate within airspace or airports to which ATFM measures apply.U.K.

4.The ATFM function shall be governed by the following principles:U.K.

(a)

ATFM measures shall:

(i)

support safe operations and prevent excessive air traffic demand compared with declared ATC capacity of sectors and aerodromes including runways;

(ii)

use [F10UK ATMS] capacity to the maximum extent possible in order to optimise the efficiency of the [F10UK ATMS] and minimise adverse effects on operators;

(iii)

optimise the [F10UK ATMS] capacity made available through the development and application of capacity enhancing measures by ATS units;

(iv)

support the management of critical events.

(b)

the allocation of ATFM departure slots shall give priority to flights according to the order of their planned entry into the location at which the ATFM measure will apply, unless specific circumstances such as those stemming from security and defence needs, require application of a different priority rule which is agreed and is of benefit to the [F10UK ATMS];

(c)

trajectory times in the planning and execution phases shall be consistent with any applied ATFM measures and shall be communicated by the [F11CAA] to aircraft operators, ATS units and local ATFM units;

(d)

flights departing from the geographical area where ATFM measures are applied and adjacent Flight Information Regions as described in the appropriate ICAO documentation shall be subject to ATFM slot allocation. Flights departing from other areas shall be exempted from ATFM slot allocation but shall however be subject to route, traffic orientations schemes and trajectory time constraints.

Textual Amendments

5.[F12The Secretary of State must endeavour to] ensure that:U.K.

(a)

the ATFM function is available to parties concerned 24 hours a day and that the local ATFM unit, on an exclusive basis, covers a designated area in respect of the airspace under their responsibility within the geographical area where ATFM measures are applied;

(b)

in order to ensure efficient airspace planning allocation and efficient use, as well as direct links between airspace management and ATFM, consistent procedures are established for the cooperation between the parties involved in the ATFM function, ATS units and entities involved in airspace management;

(c)

common procedures for requesting exemption from an ATFM departure slot are in accordance with the ICAO provisions referred to in the Appendix. Those procedures shall be coordinated F13... through [F14the unit providing central ATFM] and published in national aeronautical information publications.

Textual Amendments

Textual Amendments

6.The [F15Secretary of State must endeavour to]:U.K.

(a)

optimise the overall performance of the [F16UK ATMS] through planning, coordination and implementation of agreed ATFM measures, including for transition plans for the entry into service of major airspace or ATM systems improvements and for adverse weather, through cooperative decision-making;

(b)

consult operators on the definition of ATFM measures;

(c)

conclude working arrangements with the local ATFM units;

(d)

ensure the development, availability and effective implementation of ATFM measures (for all ATFM phases), together with local ATFM units; when such ATFM measures have a wider network impact, the [F17Secretary of State must endeavour to] establish, through cooperative decision-making, the nature of the ATFM measures to be implemented;

(e)

in coordination with local ATFM units, identify alternative routings to avoid or alleviate congested areas, taking into account the overall performance of the [F16UK ATMS];

(f)

offer a re-routing to those flights that would optimise the effect of point (e);

(g)

in coordination with the ATS units and the local ATFM units determine, coordinate and ensure the implementation of appropriate measures aimed at providing the necessary capacity to accommodate traffic demand throughout relevant portions of their area of responsibility;

(h)

provide information on ATFM operations in a timely manner to aircraft operators, local ATFM units and ATS units, including:

(i)

planned ATFM measures;

(ii)

impact of ATFM measures on take-off time and flight profile of individual flights;

(i)

monitor the occurrences of missing flight plans and multiple flight plans that are filed;

(j)

suspend a flight plan when, considering the time tolerance, the ATFM departure slot cannot be met and a new estimated off-block time is not known;

(k)

monitor the number of exemptions from ATFM measures granted;

(l)

develop, maintain and publish contingency plans defining the actions to be taken by relevant operational stakeholders in the event of a major failure of a component of the ATFM function at network level which would result in significant reductions in capacity or major disruptions of traffic flows, or both;

(m)

share with all operational stakeholders all appropriate post operational analyses and evaluations;

(n)

enable the appropriate preparation and the predictability of the [F16UK ATMS], ensure working arrangements to collect timely and updated traffic demand information for all ATFM phases from the airspace users and share this with the local ATFM units.

Textual Amendments

Textual Amendments

7.The ATS units shall:U.K.

(a)

coordinate ATFM measures, through the local ATFM unit(s), F18... in order to ensure that the measures chosen aim at the optimisation of the overall performance of the [F19UK ATMS];

(b)

ensure that ATFM measures applied to airports are coordinated with the airport operator concerned, in order to ensure efficiency in airport planning and usage for the benefit of all concerned operational stakeholders;

(c)

notify to the [F20CAA], through the local ATFM unit, all events, including transition plans for the entry into service of major airspace or ATM systems improvements and adverse weather, that may impact air traffic control capacity or air traffic demand and proposed mitigation;

(d)

provide the [F20CAA] and the local ATFM units with the following data and subsequent updates, as technically feasible, in a timely manner and ensuring its quality:

(i)

airspace and route structures;

(ii)

airspace and route availability including availability through application of flexible use of airspace in accordance with Regulation (EC) No 2150/2005;

(iii)

ATS unit sector configurations and activations;

(iv)

aerodrome taxi times and runway configurations;

(v)

air traffic control sector, and aerodrome capacities including runways;

(vi)

updated flight positions;

(vii)

deviations from flight plans;

(viii)

actual flight take-off times;

(ix)

information on the operational availability of the Communication Navigation Surveillance (CNS)/ATM infrastructure.

Textual Amendments

8.The data referred to in paragraph 7(d) shall be made available to and from the [F21CAA] and the operational stakeholders.U.K.

Textual Amendments

9.To ensure network predictability, the ATS unit at the departure airport shall ensure that flights not adhering to their estimated off blocks time, taking into account the established time tolerance or the flight plan of which has been rejected or suspended are not given a take-off clearance.U.K.

10.The local ATFM units shall:U.K.

(a)

[F22endeavour to] act as point of contact and interface between the [F23unit] providing central ATFM, on the one hand, and designated areas and their associated aerodromes and ATS units (military and civil) within their area of responsibility, on the other hand, on the basis of roles and responsibilities agreed through appropriate working arrangements F24...;

(b)

establish appropriate local procedures in line with the procedures established by the [F25unit] providing central ATFM, including temporary procedures;

(c)

provide the [F25unit] providing central ATFM with all the required local data for the execution of the ATFM function;

(d)

ensure, in coordination with relevant ATS units and [F26, and in endeavouring to coordinate with the unit] providing central ATFM, appropriate ATFM measures implementation for an optimum flow of traffic and balanced demand and capacity by coordinating efficient use of available capacity. F27...;

(e)

notify to the [F28CAA and the unit providing central ATFM] all events, including transition plans for the entry into service of major airspace or ATM systems improvements and for adverse weather, that may impact air traffic control capacity or air traffic demand and proposed mitigations;

(f)

ensure, in coordination with relevant ATS units and [F29, in endeavouring to coordinate with the unit providing central ATFM], post-operation analyses to identify means to improve the network performance;

(g)

have in place continuously updated pre-defined contingency plans detailing how the area under their responsibility will be handled F30... in contingency operations. Those local plans shall be shared and coordinated with the [F31unit providing central ATFM].

Textual Amendments

11.Where an ATS reporting office is established, it shall facilitate the exchange of information between pilots or operators and the local ATFM unit or the [F32unit] providing central ATFM.U.K.

Textual Amendments

12.The aircraft operators shall:U.K.

(a)

provide a single flight plan for each intended flight. The filed flight plan shall correctly reflect the intended flight profile;

(b)

ensure that all relevant ATFM measures and changes thereto are incorporated into the planned flight operation;

(c)

participate in the working arrangements established by the [F33unit providing central ATFM] facilitating timely and updated information on air traffic demand for all ATFM phases.

Textual Amendments

13.Airport operators shall:U.K.

(a)

have arrangements with the local ATS unit to:

(i)

exchange and coordinate with the relevant local ATFM units and the [F34unit providing central ATFM] all information on capacity and air traffic demand and their evolution for all ATFM phases, in particular ahead of flight schedule publication;

(ii)

notify the relevant local ATFM units and the [F34unit providing central ATFM], all events that may impact air traffic control capacity or air traffic demand.

(b)

establish processes to assess the demand and the impact on the demand of special events that are applicable to all ATFM phases.

Textual Amendments

14.With respect to consistency between flight plans and airport slots:U.K.

(a)

where requested by an airport slot coordinator or an airport operator of a coordinated airport, the [F35unit providing central ATFM] or the local ATFM unit shall provide them with the flight plan of a flight operating at that airport, before that flight takes place. The airport slot coordinators or the airport operators of coordinated airports shall provide the infrastructure required for the reception of the flight plans provided by the [F35unit providing central ATFM] or the local ATFM unit for;

(b)

before flight, aircraft operators shall provide aerodromes of departure and arrival with the necessary information to enable a correlation to be made between the flight designator contained in the flight plan and that notified for the corresponding airport slot; this correlation shall be provided by the [F35unit providing central ATFM], the local ATFM unit, the local ATS unit or the airport operator as appropriate;

(c)

any aircraft operator, airport operator and ATS unit shall report to the airport slot coordinator on repeated operation of air services at times that are significantly different from the allocated airport slots or with the use of slots in a significantly different way from that indicated at the time of allocation, where this causes prejudice to airport or air traffic operations;

(d)

the [F36Secretary of State must endeavour to ensure that the unit providing central ATFM reports] to the airport slot coordinators on repeated operation of air services at significantly different times from the allocated airport slots or with the use of slots in a significantly different way from that indicated at the time of allocation, where this causes prejudice to ATFM.

Textual Amendments

15.When implementing arrival and departure planning information (DPI), airport local operational stakeholders shall [F37coordinate] with the [F38unit providing central ATFM] in the establishment and operation of that functionality F39....U.K.

Textual Amendments

16.With respect to critical events:U.K.

(a)

the [F40Secretary of State must endeavour to ensure that the unit providing central ATFM develops, maintains and publishes] ATFM procedures for handling critical events F41.... ATFM procedures shall set out the actions to be taken by relevant operational stakeholders in the event of a major disruption of a component of the network which would result in significant reduction in capacity or major disruptions of traffic flows, or both;

(b)

in the preparation for critical events, ATS units and airport operators, shall coordinate the relevance and content of the contingency procedures with the [F42unit providing central ATFM] and local ATFM units, aircraft operators affected by critical events, and as appropriate the airport slot coordinators, including any adjustment to priority rules. The contingency procedures shall include:

(i)

organisational and coordination arrangements;

(ii)

ATFM measures to manage access to affected areas to prevent excessive air traffic demand compared with declared capacity of the whole or part of the airspace or airports concerned;

(iii)

circumstances, conditions and procedures for the application of priority rules for flights, which respect F43... essential security or defence policy interests;

(iv)

recovery arrangements.

Textual Amendments

F43Words in Annex 2 Pt. B Point 16(b)(iii) omitted (31.12.2020) by virtue of The Air Traffic Management (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/694), regs. 1(2), 48(3)(m)(ii)(bb)

PART CU.K.Monitoring of the ATFM Function

1.In order to ensure the predictability and thus the performance of the [F44UK ATMS], information about and adherence to planned operations and the ATFM measures are paramount. Therefore, a specific monitoring of the ATFM function shall be put in place.U.K.

Textual Amendments

2.[F45The Secretary of State must endeavour to] ensure that where adherence to ATFM departure slots at an airport of departure is 80 % or less during a year, F46... the ATS unit at that airport shall provide relevant information on the non-compliance and the actions taken to ensure adherence to ATFM departure slots. F47...U.K.

Textual Amendments

3.In case of any failure to adhere to flight plan rejections or suspensions, the ATS unit at the airport concerned shall provide relevant information to the [F48CAA] on the non-adherence and the actions taken to ensure adherence. F49...U.K.

Textual Amendments

4.[F50The Secretary of State must endeavour to ensure that the unit providing central ATFM notifies the Secretary of State if exemptions in excess of 0,6 % of the United Kingdom's annual departures are granted.]U.K.

Textual Amendments

5.The [F51Secretary of State must endeavour to ensure] that the aircraft operator is notified of non-adherence to ATFM measures resulting from application of the requirements related to missing and multiple flight plans. Where an aircraft operator has been notified, it shall produce a report providing details of the circumstances and the actions taken to correct such non-adherence. The [F52Secretary of State must endeavour to ensure that the unit providing central ATFM produces] an annual report F53... providing details of missing flight plans, or multiple flight plans that are filed.U.K.

Textual Amendments

6.The [F54Secretary of State] shall conduct an annual review of adherence to ATFM measures to ensure that all operational stakeholders improve the level of adherence to those measures.U.K.

Textual Amendments

7.The [F55Secretary of State must endeavour to ensure that the unit providing central ATFM produces] annual reports F56... indicate the quality of the ATFM function [F57including]:U.K.

(a)

causes of ATFM measures;

(b)

impact of ATFM measures;

(c)

adherence to ATFM measures;

(d)

contributions by all operational stakeholders to the optimisation of the overall network effect;

(e)

recommendations on these various points to improve the network performance.

Textual Amendments

8.The [F58Secretary of State must endeavour to] ensure that an archive of ATFM data listed in this Annex, flight plans, operational logs and relevant contextual data is created and maintained [F59by the unit providing central ATFM]. F60...U.K.

Textual Amendments

AppendixList of the ICAO provisions for the purpose of air traffic flow management

1.Chapter 3 paragraph 3.7.5 (Air Traffic Flow Management) of Annex 11 to the Chicago Convention — Air Traffic Services (14th edition — July 2016, incorporating Amendment No 50A)U.K.
2.Chapter 3 (ATS Capacity and Air Traffic Flow Management) of ICAO Doc 4444, Procedures for Air Navigation Services — Air Traffic Management (PANS-ATM) (16th edition — 2016, incorporating Amendment No 7A)U.K.
3.Chapter 2 and 8 (Air Traffic Flow Management) of ICAO Doc 7030, European (EUR) Regional Supplementary Procedures (5th edition 2007).U.K.

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