Prováděcí nařízení Komise (EU) 2020/469 ze dne 14. února 2020, kterým se mění nařízení (EU) č. 923/2012, nařízení (EU) č. 139/2014 a nařízení (EU) 2017/373, pokud jde o požadavky na uspořádání letového provozu / letové navigační služby, navrhování struktur vzdušného prostoru, jakost dat a bezpečnost dráhy, a kterým se zrušuje nařízení č. 73/2010 (Text s významem pro EHP)

Identifier:: 32020R0469
Status:: effective
Text language:: en

THE EUROPEAN COMMISSION,

Article 4 Article 4

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

Having regard to 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 3922/91OJ L 212, 22.8.2018, p. 1 . , and in particular points (c) and (g) of Article 36(1), points (a) and (f) of Article 43(1) and Article 44(1) thereof,

This Regulation lays down common requirements for:

(a) the provision of air traffic management and air navigation services (ATM/ANS) for general air traffic, in particular for the legal or natural persons providing those services and functions;

(b) the competent authorities and the qualified entities acting on their behalf, which perform certification, oversight and enforcement tasks in respect of the services referred to in point (a);

OJ L 212, 22.8.2018, p. 1 .

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

(2) Commission Regulation (EU) No 139/2014Commission 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 . lays down requirements and administrative procedures related to aerodromes, including their management, operation, certification and oversight.

(3) Commission Regulation (EU) 2017/373Commission Implementing Regulation (EU) 2017/373 of 1 March 2017 laying down common requirements for providers of air traffic management/air navigation services and other air traffic management network functions and their oversight, repealing Regulation (EC) No 482/2008, Implementing Regulations (EU) No 1034/2011, (EU) No 1035/2011 and (EU) 2016/1377 and amending Regulation (EU) No 677/2011, OJ L 62, 8.3.2017, p. 1 . lays down common requirements for providers of air traffic management/air navigation services (ATM/ANS) and other air traffic management network functions (ATM network functions) for general air traffic and their oversight.

(4) In order to ensure a high level of civil aviation safety in the Union, flight crews should be required to report to the air traffic service units, when the runway braking action they encounter is not as good as reported to them. Those reporting obligations should be set out in Implementing Regulation (EU) No 923/2012.

(5) On 31 March 2016 the International Civil Aviation Organisation (the ICAO) adopted Amendment 77-A to Annex 3 to the Convention on International Civil Aviation, signed on 7 December 1944 in Chicago (the Chicago Convention) aiming at improving the provision of information on hazardous meteorological conditions, enhancing situational awareness and contributing to a more efficient routing, including circumvention of hazardous meteorological conditions. That amendment is applicable in ICAO Contracting States as of 10 November 2016 and it should be reflected in Regulation (EU) 2017/373, in particular in the provisions on meteorological services (Annex V – Part-MET).

(6) Regulation (EU) 2017/373 should reflect the state of the art in aviation safety, as well as best practices and scientific and technical progress in aeronautical information services (AIS). Therefore, amendments to Regulation (EU) 2017/373 should be based on the applicable ICAO Standards and recommended practices (SARPs), in particular on the Sixteenth Edition of Annex 15 Aeronautical Information Services to the Chicago Convention, while drawing on the experience of the Union in AIS provision and ensuring proportionality according to the size, type and complexity of the AIS provider (AISP).

(7) On 31 March 2016 ICAO adopted also Amendment 77-B to Annex 3 to the Chicago Convention which aims at reducing runway excursion incidents and accidents. That Amendment 77-B to Annex 3 will be applicable in the ICAO Contracting States as of 5 November 2020 . That amendment should also be reflected in Regulation (EU) 2017/373, in particular in the requirements laid down in Annex V as regards the provision of meteorological services and in Annex VI as regards the provision of aeronautical information services.

(8) Pilots should be informed through notices to airmen when a runway is temporarily unavailable due to marking works. In order to increase runway safety, pilots intending to operate on a specially prepared winter runway or on a slippery wet runway should be appropriately informed. The dissemination of friction measurements to pilots should not be allowed because friction measurements are not correlated with aeroplane performance.

(9) Common technical rules for the design of airspace structures as well as common requirements for service providers of flight procedure design (FPD) should be established in Regulation (EU) 2017/373 to ensure that the airspace structures and flight procedures are properly designed, surveyed and validated before they can be deployed and used by aircraft.

(10) Flight procedures and any changes thereto can affect the safety of flight operations at the aerodrome. Consequently, a clear link between the existing Regulation (EU) No 139/2014 and Regulation (EU) 2017/373 should be introduced.

(11) With the adoption of the Seventh Edition of Annex 10 to the Chicago Convention on Aeronautical Telecommunications (Volume II) published in July 2016, the Fifteenth Edition of Annex 11 to the Chicago Convention on Air Traffic Services and the Sixteenth Edition of Doc 4444 Procedures for Air Navigation Services – Air Traffic Management (PANS ATM), the ICAO adopted new ICAO SARPs on aviation safety in the provision of air traffic services (ATS).

(12) For those reasons, and in order to ensure the uniform implementation and compliance with the essential requirements set out in point 2.3 of Annex VIII to Regulation (EU) 2018/1139, Regulation (EU) 2017/373 should be amended accordingly.

(13) Regulation (EU) No 923/2012 and Regulation (EU) 2017/373 should also include detailed provisions with regard to the availability and the conditions for the use of the Very-high frequency (VHF) emergency channel.

(14) Additionally, taking into account the impact of ATM/ANS on pilot actions and aerodrome operations, those new measures should also be reflected in the relevant provisions of Regulation (EU) No 923/2012.

(15) Those new measures include also detailed provisions on the quality of aeronautical data and aeronautical information and therefore Regulation (EU) No 73/2010Commission Regulation (EU) No 73/2010 of 26 January 2010 laying down requirements on the quality of aeronautical data and aeronautical information for the single European sky, OJ L 23, 27.1.2010, p. 6 . should be repealed.

(16) The industry and the competent authorities of the Мember States should be given sufficient time to adapt to the measures introduced by this Regulation.

(17) The measures provided for in this Regulation are based on Opinion, 02/2018, Opinion 03/2018 and Opinion 03/2019 of the European Union Aviation Safety Agency in accordance with point (b) and (c) of Article 75(2) and Article 76(1) of Regulation (EU) 2018/1139.

(18) The measures provided for in this Regulation are in accordance with the opinion of the committee established by Article 127 of Regulation (EU) 2018/1139.

Annex III to Regulation (EU) No 139/2014 is amended in accordance with Annex II to this Regulation.

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 .

Article 1 Article 1 Subject matter

Article 2 Article 2

Article 4a Article 4a Very-high frequency (VHF) emergency frequency 1.Without prejudice to paragraph 2, Member States shall ensure that the VHF emergency frequency (121.500 MHz) is only used for emergency purposes specified in point SERA.14095(d) of the Annex. 2.Member States may exceptionally allow the use of the VHF emergency frequency referred to in paragraph 1 for other purposes than those specified in point SERA.14095(d) of the Annex, if those are limited to what is necessary to achieve their aim and in order to reduce the impact upon aircraft in distress or emergency and on the operations of air traffic services units.;

Article 5 Article 5

Article 3a Article 3a Determination of the need for the provision of air traffic services 1.Member States shall determine the need for the provision of air traffic services by taking into account all of the following factors: (a) the types of air traffic involved;(b) the density of air traffic;(c) the meteorological conditions;(d) other relevant factors related to the objectives of the air traffic services defined in point ATS.TR.100 of Annex IV. 2.While determining the need for the provision of air traffic services Member States shall not take into account the carriage of airborne collision avoidance systems by aircraft.

Article 3b Article 3b Coordination between military units and air traffic service providers

Article 3c Article 3c Coordination of air operations potentially hazardous to civil aviation 1.Member States shall ensure that operations potentially hazardous to civil aircraft over their territory are coordinated, including over the high seas, in case the competent authority has accepted, pursuant to an ICAO Regional Air Navigation Agreement, the responsibility to provide air traffic services within the airspace concerned. The coordination shall be effected early enough to permit timely promulgation of information regarding those activities. 2.Member States shall establish arrangements for the promulgation of information regarding the activities referred to in paragraph 1.

Article 3d Article 3d Very-high frequency (VHF) emergency frequency 1.Without prejudice to paragraph 2, Member States shall ensure that the VHF emergency frequency (121,500 MHz) is only used for genuine emergency purposes as specified in point ATS.OR.405(a) of Annex IV. 2.Member States may exceptionally allow the use of the VHF emergency frequency referred to in paragraph 1 for other purposes than those specified in point ATS.OR.405(a) of Annex IV, if those are limited to the extent necessary to achieve their aim and in order to reduce the impact upon aircraft in distress or emergency and upon the operations of air traffic services units.;

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 .

Without prejudice to paragraph 2, Member States shall ensure that the VHF emergency frequency (121.500 MHz) is only used for emergency purposes specified in point SERA.14095(d) of the Annex.

Member States may exceptionally allow the use of the VHF emergency frequency referred to in paragraph 1 for other purposes than those specified in point SERA.14095(d) of the Annex, if those are limited to what is necessary to achieve their aim and in order to reduce the impact upon aircraft in distress or emergency and on the operations of air traffic services units.;

Regulation (EU) No 73/2010 is repealed with effect from 27 January 2022 .

Commission Implementing Regulation (EU) 2017/373 of 1 March 2017 laying down common requirements for providers of air traffic management/air navigation services and other air traffic management network functions and their oversight, repealing Regulation (EC) No 482/2008, Implementing Regulations (EU) No 1034/2011, (EU) No 1035/2011 and (EU) 2016/1377 and amending Regulation (EU) No 677/2011, OJ L 62, 8.3.2017, p. 1 .

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 27 January 2022 .

The following points of this Regulation shall apply from 5 November 2020 :

Commission Regulation (EU) No 73/2010 of 26 January 2010 laying down requirements on the quality of aeronautical data and aeronautical information for the single European sky, OJ L 23, 27.1.2010, p. 6 .

In Annex I, point 10(b);

In Annex III: point 5; in point 6: Appendix 3 SNOWTAM FORMAT.

point 5;

in point 6: Appendix 3 SNOWTAM FORMAT.

Member States shall determine the need for the provision of air traffic services by taking into account all of the following factors:

(a) the types of air traffic involved;

(b) the density of air traffic;

(d) other relevant factors related to the objectives of the air traffic services defined in point ATS.TR.100 of Annex IV.

While determining the need for the provision of air traffic services Member States shall not take into account the carriage of airborne collision avoidance systems by aircraft.

Without prejudice to Article 6 of Regulation (EC) No 2150/2005, Member States shall establish special procedures so that:

(a) air traffic service providers are notified if a military unit observes that an aircraft, which is, or might be, a civil aircraft is approaching, or has entered, any area in which interception might become necessary;

(b) the air traffic service provider shall in close coordination with the military unit confirm the identity of the aircraft and provide it with the navigational guidance necessary to avoid the need for interception.

Member States shall ensure that operations potentially hazardous to civil aircraft over their territory are coordinated, including over the high seas, in case the competent authority has accepted, pursuant to an ICAO Regional Air Navigation Agreement, the responsibility to provide air traffic services within the airspace concerned. The coordination shall be effected early enough to permit timely promulgation of information regarding those activities.

Member States shall establish arrangements for the promulgation of information regarding the activities referred to in paragraph 1.

Without prejudice to paragraph 2, Member States shall ensure that the VHF emergency frequency (121,500 MHz) is only used for genuine emergency purposes as specified in point ATS.OR.405(a) of Annex IV.

Member States may exceptionally allow the use of the VHF emergency frequency referred to in paragraph 1 for other purposes than those specified in point ATS.OR.405(a) of Annex IV, if those are limited to the extent necessary to achieve their aim and in order to reduce the impact upon aircraft in distress or emergency and upon the operations of air traffic services units.;

HAS ADOPTED THIS REGULATION: