Prováděcí nařízení Komise (EU) 2023/893 ze dne 21. dubna 2023, kterým se mění nařízení (EU) 2015/340, kterým se stanoví technické požadavky a správní postupy týkající se průkazů způsobilosti a osvědčení řídících letového provozu

THE EUROPEAN COMMISSION,

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 Article 50, Article 53, Article 62(14) and (15) and Article 72(5) thereof,

OJ L 212, 22.8.2018, p. 1 .

(1) Commission Regulation (EU) 2015/340Commission Regulation (EU) 2015/340 of 20 February 2015 laying down technical requirements and administrative procedures relating to air traffic controllers’ licences and certificates pursuant to Regulation (EC) No 216/2008 of the European Parliament and of the Council, amending Commission Implementing Regulation (EU) No 923/2012 and repealing Commission Regulation (EU) No 805/2011 (OJ L 63, 6.3.2015, p. 1 ). lays down the technical requirements and administrative procedures relating to air traffic controllers’ licences and certificates.

(2) The limited flexibility and availability of air traffic controller resources in the Union restrict the capacity of the European Air Traffic Management (ATM) system. Therefore, adaptations to the regulatory framework concerning the licensing and qualification of air traffic controllers are needed.

(3) With the aviation industry rapidly evolving, Regulation (EU) 2015/340 needs to be updated to ensure that it is fit for purpose, cost-effective and in line with the globally applicable standards and practices. It is important to establish a lean system of qualifications without any overlaps. The update of the initial training syllabi should ensure an adequate alignment to the regulatory framework and operational needs.

(4) The European Union Aviation Safety Agency (the Agency) considers that military air traffic controller trainings currently provided in the Member States could provide for a high level of safety and are comparable to the civil air traffic controller training requirements laid down in Regulation (EU) 2015/340. Therefore, national military air traffic controller trainings should be taken into account for the issuing of Union air traffic controller licences.

(5) Upon application for a conversion of a national military air traffic controller licence, a student air traffic controller licence can be issued provided that the military initial training experience of the applicant meets the initial training requirements set out in Regulation (EU) 2015/340 based on the national conversion report and after the completion of any additional training resulting from the gap analysis contained in that report.

(6) For the purpose of that conversion, national certificates attesting compliance with the applicable national military requirements should be considered equivalent to national military air traffic controller licences.

(7) Previously acquired experience under the military air traffic control provision should be taken into account when establishing the unit endorsement course for the applicant in accordance with point ATCO.D.055 (b)(7) of Annex I.

(8) National competent authorities and the military authorities of the Member States should cooperate towards ensuring the efficient implementation of the conversion of national military air traffic controller licences into student air traffic controller licences.

(9) The requirements applicable to authorities set out in Regulation (EU) 2015/340 should be updated in light of technical progress. In addition, consistency should be ensured between the requirements set out in Regulation (EU) 2015/340 and the requirements set out in Commission Implementing 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 ). as well as Commission Regulations (EU) No 965/2012Commission Regulation (EU) No 965/2012 of 5 October 2012 laying down technical requirements and administrative procedures related to air operations pursuant to Regulation (EC) No 216/2008 of the European Parliament and of the Council (OJ L 296, 25.10.2012, p. 1 ). , (EU) No 1178/2011Commission Regulation (EU) No 1178/2011 of 3 November 2011 laying down technical requirements and administrative procedures related to civil aviation aircrew pursuant to Regulation (EC) No 216/2008 of the European Parliament and of the Council (OJ L 311, 25.11.2011, p. 1 ). and (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 ). since in most cases the authority responsible for the oversight of air traffic controllers (ATCOs) and training organisations is the same body for more than one aviation domain. Thus this Regulation provides for a total system approach, which should entail a logical and technologically consistent approach across aviation domains.

(10) The alignment of Regulation (EU) 2015/340 with Regulation (EU) No 376/2014 of the European Parliament and of the CouncilRegulation (EU) No 376/2014 of the European Parliament and of the Council of 3 April 2014 on the reporting, analysis and follow-up of occurrences in civil aviation, amending Regulation (EU) No 996/2010 of the European Parliament and of the Council and repealing Directive 2003/42/EC of the European Parliament and of the Council and Commission Regulations (EC) No 1321/2007 and (EC) No 1330/2007 (OJ L 122, 24.4.2014, p. 18 ). as regards the reporting, analysis and follow-up of occurrences in civil aviation should increase legal certainty and support the implementation of effective occurrence-reporting systems as part of the safety management of organisations.

(11) The measures provided for in this Regulation are in accordance with the opinion of the Committee established under Article 127(1) of Regulation (EU) 2018/1139,

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 4 August 2024 .

Commission Regulation (EU) 2015/340 of 20 February 2015 laying down technical requirements and administrative procedures relating to air traffic controllers’ licences and certificates pursuant to Regulation (EC) No 216/2008 of the European Parliament and of the Council, amending Commission Implementing Regulation (EU) No 923/2012 and repealing Commission Regulation (EU) No 805/2011 (OJ L 63, 6.3.2015, p. 1 ).

Article 2 Article 2 Date of entry into force and application

Article 3 Article 3 Provision of air traffic control services 1.Air traffic control services shall only be provided by air traffic controllers qualified and licensed in accordance with this Regulation. 2.Member States may apply this Regulation to their military personnel providing services to the public.

Article 7 Article 7 Transitional provisions 1.Licences, ratings and endorsements issued in accordance with the relevant provisions of national legislation based on Directive 2006/23/EC and licences, ratings and endorsements issued in accordance with Regulation (EU) No 805/2011 shall be deemed to have been issued in accordance with this Regulation. 2.Holders of the Aerodrome Control Visual (ADV) rating, who do not hold an Aerodrome Control Instrument (ADI) rating, shall continue to be authorised to provide air traffic control service to aerodrome traffic at an aerodrome that has no published instrument approach or departure procedures, provided that the validity of the unit endorsement related to the ADV rating is maintained.

Article 8 Article 8 Changes to rating and rating endorsements 1.The competent authorities shall change the name of the Aerodrome Control Instrument (ADI) rating issued before 4 August 2024 into Aerodrome Control (ADC) no later than 4 August 2027 in a manner established by the competent authority.. 2.The competent authorities shall not issue licences including Aerodrome Control Visual (ADV) rating after 4 August 2024 except for those air traffic controllers referred to in paragraph 2 of Article 7. 3.The competent authorities shall not issue licences including Air Control (AIR), Ground Movement Control (GMC), Tower Control (TWR), Ground Movement Surveillance (GMS), Aerodrome Radar Control (RAD) and Terminal Control (TCL) rating endorsements after 4 August 2024 . 4.The privileges of the Air Control (AIR), Ground Movement Control (GMC) and Tower Control (TWR) rating endorsements issued before 4 August 2024 shall become part of the privileges of an Aerodrome Control (ADC) rating. If the exercise of the privileges of the holder is limited to air control or ground control only, this shall be indicated in the unit endorsement, in accordance with point ATCO.B.020(d) of Annex I, at the time of the change of name of the Aerodrome Control Instrument (ADI) rating into Aerodrome Control (ADC) in accordance with paragraph 1 of this Article. 5.The privileges of the Ground Movement Surveillance (GMS) rating endorsement issued before 4 August 2024 shall become part of the privileges of the unit endorsement associated with the Aerodrome Control rating. 6.The competent authorities shall change the name of the Aerodrome Radar Control (RAD) rating endorsement issued before 4 August 2024 into the Aerodrome Control Surveillance (SUR) rating endorsement at the time of the change of name of the Aerodrome Control Instrument (ADI) rating into Aerodrome Control (ADC) in accordance with paragraph 1 of this Article. 7.The privileges of the Terminal Control (TCL) rating endorsement issued before 4 August 2024 shall become part of the privileges of the unit endorsement associated with the Approach Control Surveillance (APS) or the Area Control Surveillance (ACS) rating.

Article 8a Article 8a Conversion of national military air traffic controller licences into student air traffic controller licences 1.A holder of a national military air traffic controller licence issued by a Member State may apply for the conversion of that licence into a student air traffic controller licence referred to in point ATCO.B.001. The application for the licence conversion shall be submitted to the competent authority of the Member State in whose military forces the applicant has served. 2.The competent authority that has received the application referred to in paragraph 1 shall give credit to the applicant for the purpose of demonstrating compliance with the relevant requirements of Annex I (Part ATCO) in accordance with the national conversion report established by the competent authority of the Member State concerned. 3.The national conversion report shall be notified by the competent authority of the Member State concerned to the Agency and shall: (a) describe the national requirements on the basis of which the military air traffic controller licences are issued in that Member State;(b) describe the scope of the privileges of the military air traffic controller licences referred to in point (a);(c) indicate for which requirements of Annex I (Part ATCO) credit is to be given;(d) indicate the additional training, including the required examinations and assessments, to be undertaken by the applicants; the required examinations and assessments shall be conducted by a training organisation that meets the requirements laid down in Annex III (Part ATCO.OR) and that is certified to provide initial training for the purpose of issuing student air traffic controller licences in accordance with this Regulation;(e) include a statement confirming that the compliance of the applicant with the training, examination and assessment requirements described in the national conversion report can be considered as being equivalent to the successful completion of the initial training required under this Regulation for the purpose of issuing a student air traffic controller licence;(f) include copies of all relevant supporting documentation, including copies of the relevant national requirements and procedures, demonstrating how the competent authority of the Member State has established the elements listed in points (a) to (e) above.

Air traffic control services shall only be provided by air traffic controllers qualified and licensed in accordance with this Regulation.

Member States may apply this Regulation to their military personnel providing services to the public.

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 ).

Commission Regulation (EU) No 965/2012 of 5 October 2012 laying down technical requirements and administrative procedures related to air operations pursuant to Regulation (EC) No 216/2008 of the European Parliament and of the Council (OJ L 296, 25.10.2012, p. 1 ).

Commission Regulation (EU) No 1178/2011 of 3 November 2011 laying down technical requirements and administrative procedures related to civil aviation aircrew pursuant to Regulation (EC) No 216/2008 of the European Parliament and of the Council (OJ L 311, 25.11.2011, p. 1 ).

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 ).

Licences, ratings and endorsements issued in accordance with the relevant provisions of national legislation based on Directive 2006/23/EC and licences, ratings and endorsements issued in accordance with Regulation (EU) No 805/2011 shall be deemed to have been issued in accordance with this Regulation.

Holders of the Aerodrome Control Visual (ADV) rating, who do not hold an Aerodrome Control Instrument (ADI) rating, shall continue to be authorised to provide air traffic control service to aerodrome traffic at an aerodrome that has no published instrument approach or departure procedures, provided that the validity of the unit endorsement related to the ADV rating is maintained.

Regulation (EU) No 376/2014 of the European Parliament and of the Council of 3 April 2014 on the reporting, analysis and follow-up of occurrences in civil aviation, amending Regulation (EU) No 996/2010 of the European Parliament and of the Council and repealing Directive 2003/42/EC of the European Parliament and of the Council and Commission Regulations (EC) No 1321/2007 and (EC) No 1330/2007 (OJ L 122, 24.4.2014, p. 18 ).

The competent authorities shall change the name of the Aerodrome Control Instrument (ADI) rating issued before 4 August 2024 into Aerodrome Control (ADC) no later than 4 August 2027 in a manner established by the competent authority..

The competent authorities shall not issue licences including Aerodrome Control Visual (ADV) rating after 4 August 2024 except for those air traffic controllers referred to in paragraph 2 of Article 7.

The competent authorities shall not issue licences including Air Control (AIR), Ground Movement Control (GMC), Tower Control (TWR), Ground Movement Surveillance (GMS), Aerodrome Radar Control (RAD) and Terminal Control (TCL) rating endorsements after 4 August 2024 .

The privileges of the Air Control (AIR), Ground Movement Control (GMC) and Tower Control (TWR) rating endorsements issued before 4 August 2024 shall become part of the privileges of an Aerodrome Control (ADC) rating. If the exercise of the privileges of the holder is limited to air control or ground control only, this shall be indicated in the unit endorsement, in accordance with point ATCO.B.020(d) of Annex I, at the time of the change of name of the Aerodrome Control Instrument (ADI) rating into Aerodrome Control (ADC) in accordance with paragraph 1 of this Article.

The privileges of the Ground Movement Surveillance (GMS) rating endorsement issued before 4 August 2024 shall become part of the privileges of the unit endorsement associated with the Aerodrome Control rating.

The competent authorities shall change the name of the Aerodrome Radar Control (RAD) rating endorsement issued before 4 August 2024 into the Aerodrome Control Surveillance (SUR) rating endorsement at the time of the change of name of the Aerodrome Control Instrument (ADI) rating into Aerodrome Control (ADC) in accordance with paragraph 1 of this Article.

The privileges of the Terminal Control (TCL) rating endorsement issued before 4 August 2024 shall become part of the privileges of the unit endorsement associated with the Approach Control Surveillance (APS) or the Area Control Surveillance (ACS) rating.

A holder of a national military air traffic controller licence issued by a Member State may apply for the conversion of that licence into a student air traffic controller licence referred to in point ATCO.B.001. The application for the licence conversion shall be submitted to the competent authority of the Member State in whose military forces the applicant has served.

The competent authority that has received the application referred to in paragraph 1 shall give credit to the applicant for the purpose of demonstrating compliance with the relevant requirements of Annex I (Part ATCO) in accordance with the national conversion report established by the competent authority of the Member State concerned.

The national conversion report shall be notified by the competent authority of the Member State concerned to the Agency and shall:

(a) describe the national requirements on the basis of which the military air traffic controller licences are issued in that Member State;

(b) describe the scope of the privileges of the military air traffic controller licences referred to in point (a);

(c) indicate for which requirements of Annex I (Part ATCO) credit is to be given;

(d) indicate the additional training, including the required examinations and assessments, to be undertaken by the applicants; the required examinations and assessments shall be conducted by a training organisation that meets the requirements laid down in Annex III (Part ATCO.OR) and that is certified to provide initial training for the purpose of issuing student air traffic controller licences in accordance with this Regulation;

(e) include a statement confirming that the compliance of the applicant with the training, examination and assessment requirements described in the national conversion report can be considered as being equivalent to the successful completion of the initial training required under this Regulation for the purpose of issuing a student air traffic controller licence;

(f) include copies of all relevant supporting documentation, including copies of the relevant national requirements and procedures, demonstrating how the competent authority of the Member State has established the elements listed in points (a) to (e) above.

HAS ADOPTED THIS REGULATION: