REGULATION (EC) No 1108/2009 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
    of 21 October 2009
    amending Regulation (EC) No 216/2008 in the field of aerodromes, air traffic management and air
    navigation services and repealing Directive 2006/23/EC
    (Text with EEA relevance)
    THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
    EUROPEAN UNION,
    Having regard to the Treaty establishing the European
    Community, and in particular Article 80(2) thereof,
    Having regard to the proposal from the Commission,
    Having regard to the opinion of the European Economic and
    Social Committee (
    1
    ),
    Having regard to the opinion of the Committee of the
    Regions (
    2
    ),
    Acting in accordance with the procedure laid down in
    Article 251 of the Treaty (
    3
    ),
    Whereas:
    (1)
    In its communication of 15 November 2005 to the
    Council,
    the
    European
    Parliament,
    the
    European
    Economic and Social Committee and the Committee of
    the Regions entitled ‘Extending the tasks of the European
    Aviation Safety Agency — an agenda for 2010’, the
    Commission announced its intention to progressively
    extend the tasks of the European Aviation Safety
    Agency (the Agency), with a view towards a ‘total
    system approach’, to aerodrome/airport safety and inter­
    operability, air navigation services (ANS) and air traffic
    management (ATM).
    (2)
    The continuous growth of aviation in Europe leads to
    many challenges, in particular regarding the key safety
    factors
    of
    aerodromes
    and
    ATM/ANS.
    Therefore,
    necessary risk mitigation measures need to be established
    to ensure safety through a harmonised, holistic regulatory
    approach across the Member States.
    (3)
    The achievements of the single European sky initiative
    need to be complemented by the harmonised safety
    element to be applied to aerodromes and ATM/ANS.
    To
    this
    end,
    the
    appropriate
    safety
    regulatory
    framework should also be developed with regard to the
    deployment of new technologies in this field.
    (4)
    The Community should lay down, in line with the
    Standards and Recommended Practices set by the
    Convention on International Civil Aviation, signed in
    Chicago on 7 December 1944 (the Chicago Convention),
    essential
    requirements
    applicable
    to
    aeronautical
    products, parts and appliances, aerodromes and the
    provision of ATM/ANS; essential requirements applicable
    to persons and organisations involved in the operation of
    aerodromes and in the provision of ATM/ANS; and
    essential
    requirements
    applicable
    to
    persons
    and
    products involved in the training and medical assessment
    of air traffic controllers. The Commission should be
    empowered to develop the necessary related imple­
    menting rules.
    (5)
    Taking into account that services consisting in the orig­
    ination and processing of data and formatting and
    delivering data for the purpose of air navigation are
    different from ANS services as defined in Regulation
    (EC) No 549/2004 of the European Parliament and of
    the Council of 10 March 2004 laying down the
    framework for the creation of the single European sky
    (the framework Regulation) (
    4
    ), the Commission should
    develop specific requirements adapted to such services.
    (6)
    It would not be appropriate to subject all aerodromes to
    common rules. In particular, aerodromes which are not
    open to public use and aerodromes mainly used for
    recreational flying or serving commercial air transport
    other than in accordance with instrument flight
    procedures and with paved runways of less than 800
    metres, should remain under the regulatory control of
    the Member States, without any obligation under this
    Regulation on other Member States to recognise such
    national
    arrangements.
    However,
    proportionate
    measures should be taken by Member States to increase
    generally the level of safety of recreational aviation and
    of all commercial air transport. The Commission will re-
    examine in due time, extending the scope of application
    to aerodromes currently excluded in a modular manner,
    and taking full account of the impact this might have on
    such aerodromes.
    24.11.2009
    EN
    Official Journal of the European Union
    L 309/51
    (
    1
    ) OJ C 182, 4.8.2009, p. 50.
    (
    2
    ) OJ C 120, 28.5.2009, p. 52.
    (
    3
    ) Opinion of the European Parliament of 25 March 2009 (not yet
    published in the Official Journal) and Council Decision of
    7 September 2009.
    (
    4
    ) OJ L 96, 31.3.2004, p. 1.
    (7)
    Taking into account the large variety of aerodromes and
    their highly individual infrastructures and environments,
    common aerodrome safety rules should provide for the
    necessary flexibility for customised compliance, through
    an adequate balance between implementing rules, certifi­
    cation
    specifications
    and
    acceptable
    means
    of
    compliance. These rules should be proportionate to the
    size, traffic, category and complexity of the aerodrome
    and nature and volume of operations thereon, thereby
    avoiding unnecessary bureaucratic and economic burdens
    in particular for smaller aerodromes which only involve
    very limited passenger traffic.
    (8)
    Aerodrome infrastructure and operations should be
    certified by means of a single certificate. However,
    Member States may certify aerodrome infrastructure
    and operations separately. In that case, certificates
    should be delivered by the same authority. Operators
    of multiple aerodromes, having established appropriate
    central functions, may request a single certificate,
    covering operations and management at all aerodromes
    under their responsibility.
    (9)
    Aeronautical products, parts and appliances, aerodromes
    and their equipment, operators involved in commercial
    air transport and in the operation of aerodromes,
    ATM/ANS systems and providers, as well as pilots and
    air traffic controllers, and persons, products and organi­
    sations involved in their training and medical assessment,
    should be certified or licensed once they have been found
    to comply with essential requirements to be laid down
    by the Community in line with Standards and Recom­
    mended Practices set by the Chicago Convention. The
    Commission should be empowered to develop the
    necessary implementing rules for establishing the
    conditions for the issue of the certificate or the
    conditions for its replacement by a declaration of capa­
    bility, taking into account the risks associated with the
    different types of operations or services.
    (10)
    Implementing rules relating to the certification of the
    design, manufacture and maintenance of ATM/ANS
    systems and constituents as well as to organisations
    engaged in the design, manufacture and maintenance
    should only be laid down when related to safety-critical
    issues identified following a detailed impact assessment
    study.
    (11)
    The Commission intends to begin work, in due time, on
    an examination of the feasibility and the necessity of
    introducing accredited bodies for the certification of
    ATM/ANS systems and an evaluation of all possible
    options and impacts. The Commission could, if appro­
    priate, make a proposal for further revision of this Regu­
    lation based on a full impact assessment.
    (12)
    Under the Community institutional system, implemen­
    tation of Community law is primarily the responsibility
    of the Member States. Certification tasks required by this
    Regulation and its implementing rules are therefore to be
    executed at national level. In certain clearly defined cases,
    however, the Agency should also be empowered to
    conduct certification tasks as specified in this Regulation.
    The Agency should, for the same reason, be allowed to
    take the necessary measures related to the fields covered
    by this Regulation when this is the best means to ensure
    uniformity and facilitate the functioning of the internal
    market.
    (13)
    The implementing rules to be developed by the Agency
    in the domain of ATM/ANS should be prepared in
    accordance with the results of the consultation process
    of the Agency on a basis that should be adapted to new
    stakeholders, and build on the provisions of Regulation
    (EC) No 549/2004, Regulation (EC) No 550/2004 of the
    European Parliament and of the Council of 10 March
    2004 on the provision of air navigation services in the
    single European sky (the service provision Regulation) (
    1
    ),
    Regulation
    (EC)
    No
    551/2004
    of
    the
    European
    Parliament and of the Council of 10 March 2004 on
    the organisation and use of the airspace in the single
    European sky (the airspace Regulation) (
    2
    ), Regulation
    (EC) No 552/2004 of the European Parliament and of
    the Council of 10 March 2004 on the interoperability of
    the European Air Traffic Management network (the inter­
    operability
    Regulation) (
    3
    ),
    and
    in
    particular
    the
    transposed Eurocontrol Safety Regulatory Requirements.
    Such implementing rules should be adopted by the
    Commission
    in
    accordance
    with
    the
    regulatory
    procedure set out in Article 5 of Regulation (EC) No
    549/2004. Transitional mechanisms should be designed
    in order to provide for the continuity of approvals
    already granted under the rules of those Regulations.
    (14)
    Regulations (EC) No 549/2004, (EC) No 550/2004, (EC)
    No 551/2004 and (EC) No 552/2004 include provisions
    on several regulatory functions of ATM, such as, but not
    limited to interoperability and the management of air
    traffic flows and of the airspace. All these areas involve
    safety aspects, which need to be properly addressed.
    Therefore, when regulating on these subjects, Member
    States and the Commission should ensure proper
    coverage of such safety aspects by means of appropriate
    coordination with the Agency.
    (15)
    It is a general objective that the transfer of functions and
    tasks from the Member States, including those resulting
    from their cooperation through the Safety Regulation
    Commission of Eurocontrol, to the Agency should be
    done efficiently, without any reduction in the current
    high levels of safety, and without any negative impact
    on certification schedules. Appropriate measures should
    be adopted to provide for the necessary transition. The
    Agency should have sufficient resources for its new tasks,
    and the timing of the allocation of these resources should
    be based on a defined need and schedule for the
    adoption and the respective applicability of the related
    implementing rules.
    L 309/52
    EN
    Official Journal of the European Union
    24.11.2009
    (
    1
    ) OJ L 96, 31.3.2004, p. 10.
    (
    2
    ) OJ L 96, 31.3.2004, p. 20.
    (
    3
    ) OJ L 96, 31.3.2004, p. 26.
    (16)
    Regulation
    (EC)
    No
    216/2008
    of
    the
    European
    Parliament and of the Council (
    1
    ) establishes an appro­
    priate and comprehensive framework for the definition
    and implementation of common technical requirements
    and administrative procedures in the field of civil
    aviation.
    Directive
    2006/23/EC
    of
    the
    European
    Parliament and of the Council of 5 April 2006 on a
    Community air traffic controller licence (
    2
    ) should
    therefore be repealed, without prejudice to the certifi­
    cation or licensing of products, persons and organi­
    sations already carried out in accordance with that
    Directive.
    (17)
    With regard to the regulation of professions which are
    not covered by this Regulation, the competence of
    Member States should be retained to establish or
    maintain at their own discretion, inter alia, certification
    or licensing requirements of the personnel.
    (18)
    The implementing rules to be developed by the Agency
    in the domain of ATM/ANS should be developed in the
    context of a comprehensive review of the safety
    requirements in the single European sky legislation,
    namely, Regulations (EC) No 549/2004, (EC) No
    550/2004, (EC) No 551/2004 and (EC) No 552/2004.
    In order to avoid duplication of safety requirements
    applicable to ATM/ANS services on the one hand, and
    to avoid a legal void without applicable safety
    requirements on the other hand, the date of entry into
    force of the amendments to the single European sky
    legislation should be in line with those of the new
    safety measures made under this Regulation.
    (19)
    The measures necessary for the implementation of this
    Regulation should be adopted in accordance with
    Council Decision 1999/468/EC of 28 June 1999 laying
    down the procedures for the exercise of implementing
    powers conferred on the Commission (
    3
    ).
    (20)
    In particular the Commission should be empowered to
    adopt implementing rules for air traffic controller
    licensing and associated approvals, aerodromes and
    aerodrome operations, air traffic management and air
    navigation services, and associated certificates, oversight
    and enforcement, as well as to adopt a regulation on the
    fees and charges of the Agency. Since those measures are
    of general scope and are designed to amend non-essential
    elements of Regulation (EC) No 216/2008, inter alia, by
    supplementing it with new non-essential elements, they
    must be adopted in accordance with the regulatory
    procedure with scrutiny provided for in Article 5a of
    Decision 1999/468/EC.
    (21)
    Without prejudice to the competences of the Member
    States, the Commission, if necessary, could make recom­
    mendations to the Council to establish a framework of
    coordination between the Community and the Inter­
    national Civil Aviation Organization (ICAO) on safety
    audits, with the aim of avoiding duplication and in the
    interests of the efficient use of resources.
    (22)
    When drafting safety rules, the Agency should ensure the
    involvement of all interested parties. Rule-making
    opinions should be based on a full scale consultation
    of all stakeholders, including the smaller industry
    operators, as well as on a proper assessment of their
    potential impact in the applicable fields. As provided
    for in Regulation (EC) No 216/2008, the advisory body
    of interested parties should be consulted by the Agency
    prior to making decisions,
    HAVE ADOPTED THIS REGULATION:
    Article 1
    Regulation (EC) No 216/2008 is hereby amended as follows:
    1. Article 1 is replaced by the following:
    ‘Article 1
    Scope
    1.
    This Regulation shall apply to:
    (a) the design, production, maintenance and operation of
    aeronautical products, parts and appliances, as well as
    personnel and organisations involved in the design,
    production and maintenance of such products, parts
    and appliances;
    (b) personnel and organisations involved in the operation
    of aircraft;
    (c) the design, maintenance and operation of aerodromes,
    as well as personnel and organisations involved therein
    and, without prejudice to Community and national
    legislation on environment and land-use planning, the
    safeguarding of surroundings of aerodromes;
    (d) the design, production and maintenance of aerodrome
    equipment, as well as personnel and organisations
    involved therein;
    (e) the design, production and maintenance of systems and
    constituents for air traffic management and air navi­
    gation services (ATM/ANS), as well as personnel and
    organisations involved therein;
    (f) ATM/ANS, as well as personnel and organisations
    involved therein.
    24.11.2009
    EN
    Official Journal of the European Union
    L 309/53
    (
    1
    ) OJ L 79, 19.3.2008, p. 1.
    (
    2
    ) OJ L 114, 27.4.2006, p. 22.
    (
    3
    ) OJ L 184, 17.7.1999, p. 23.
    2.
    This Regulation shall not apply to:
    (a) products, parts, appliances, personnel and organisations
    referred to in paragraph 1(a) and (b) while carrying out
    military, customs, police, search and rescue, firefighting,
    coastguard or similar activities or services. The Member
    States shall undertake to ensure that such activities or
    services have due regard as far as practicable to the
    objectives of this Regulation;
    (b) aerodromes or part thereof, as well as equipment,
    personnel and organisations, referred to in paragraph
    1(c) and (d), that are controlled and operated by the
    military;
    (c) ATM/ANS,
    including
    systems
    and
    constituents,
    personnel and organisations, referred to in paragraph
    1(e) and (f), that are provided or made available by the
    military. The Member States shall undertake to ensure
    that aircraft referred to in point (a) of this paragraph
    are separated, where appropriate, from other aircraft.
    3.
    Member States shall, as far as practicable, ensure that
    any military facilities open to public use referred to in
    paragraph 2(b) or services provided by military personnel
    to the public referred to in paragraph 2(c), offer a level of
    safety that is at least as effective as that required by the
    essential requirements as defined in Annexes Va and Vb.’;
    2. Article 3 is amended as follows:
    (a) point (d) is replaced by the following:
    ‘(d) “parts and appliances” shall mean any instrument,
    equipment, mechanism, part, apparatus, appur­
    tenance,
    software
    or
    accessory,
    including
    communications equipment, that is used or
    intended to be used in operating or controlling
    an aircraft in flight; it shall include parts of an
    airframe, engine or propeller, or equipment used
    to manoeuvre the aircraft from the ground;’;
    (b) the following point is inserted:
    ‘(da) “ATM/ANS
    constituents”
    shall
    mean
    any
    constituent as defined in Article 2(19) of Regu­
    lation (EC) No 549/2004 of the European
    Parliament and of the Council of 10 March
    2004 laying down the framework for the
    creation
    of
    the
    single
    European
    sky
    (the
    framework Regulation) (*);
    ___________
    (*) OJ L 96, 31.3.2004, p. 1.’;
    (c) point (h) is replaced by the following:
    ‘(h) “operator” shall mean any legal or natural person,
    operating or proposing to operate one or more
    aircraft or one or more aerodromes;’;
    (d) the following points are added:
    ‘(m) “aerodrome” shall mean a defined area (including
    any buildings, installations and equipment) on
    land or water or on a fixed, fixed offshore or
    floating structure intended to be used either
    wholly or in part for the arrival, departure and
    surface movement of aircraft;
    (n)
    “aerodrome
    equipment”
    shall
    mean
    any
    equipment, apparatus, appurtenance, software or
    accessory, that is used or intended to be used to
    contribute to the operation of aircraft at an
    aerodrome;
    (o)
    “apron” shall mean a defined area intended to
    accommodate aircraft for purposes of loading or
    unloading passengers, mail or cargo, fuelling,
    parking or maintenance;
    (p)
    “apron management service” shall mean a service
    provided to manage the activities and the
    movement of aircraft and vehicles on an apron;
    (q)
    “ATM/ANS” shall mean the air traffic management
    functions as defined in Article 2(10) of Regulation
    (EC) No 549/2004, air navigation services defined
    in Article 2(4) of that Regulation, and services
    consisting in the origination and processing of
    data and formatting and delivering data to
    general air traffic for the purpose of safety-
    critical air navigation;
    (r)
    “ATM/ANS system” shall mean any combination
    of safety-related equipment and systems as defined
    in Article 2(39) of Regulation (EC) No 549/2004;
    (s)
    “flight information service” shall mean a service
    provided for the purpose of giving advice and
    information useful for the safe and efficient
    conduct of flights.’;
    3. in Article 4, the following paragraphs are inserted:
    ‘3a.
    Aerodromes, including equipment, located in the
    territory subject to the provisions of the Treaty, open to
    public use and which serve commercial air transport and
    where operations using instrument approach or departure
    procedures are provided, and:
    L 309/54
    EN
    Official Journal of the European Union
    24.11.2009
    (a) have a paved runway of 800 metres or above; or
    (b) exclusively serve helicopters;
    shall comply with this Regulation. Personnel and organi­
    sations involved in the operation of these aerodromes shall
    comply with this Regulation.
    3b.
    By way of derogation from paragraph 3a, Member
    States may decide to exempt from the provisions of this
    Regulation an aerodrome which:
    — handles no more than 10 000 passengers per year, and
    — handles no more than 850 movements related to cargo
    operations per year.
    If such exemption by a Member State does not comply
    with the general safety objectives of this Regulation or
    any other rule of Community law, the Commission shall
    take a decision in accordance with the safeguard procedure
    referred to in Article 65(7) not to permit the exemption in
    question. In such a case, the Member State concerned shall
    revoke the exemption.
    3c.
    ATM/ANS provided in the airspace of the territory to
    which the Treaty applies, as well as in any other airspace
    where Member States apply Regulation (EC) No 551/2004
    of the European Parliament and of the Council of 10 March
    2004 on the organisation and use of the airspace in the
    single European sky (the airspace Regulation) (*) in
    accordance with Article 1(3) of that Regulation, shall
    comply with this Regulation. Systems and constituents,
    personnel and organisations involved in the provision of
    these ATM/ANS shall comply with this Regulation.
    ___________
    (*) OJ L 96, 31.3.2004, p. 20.’;
    4. in Article 5, paragraph 2, points (b) and (c) are replaced by
    the following:
    ‘(b) the measures referred to in paragraph 5 may lay down
    a requirement for certification in respect of parts and
    appliances. The certificates for parts and appliances
    shall be issued when the applicant has shown that
    the parts and appliances comply with the detailed
    airworthiness specifications established to ensure
    compliance with the essential requirements referred
    to in paragraph 1;
    (c) no aircraft shall be operated, unless it has a valid
    certificate of airworthiness. The certificate shall be
    issued when the applicant has shown that the aircraft
    conforms to the type design approved in its type-
    certificate and that relevant documentation, inspections
    and tests demonstrate that the aircraft is in condition
    for safe operation. This certificate of airworthiness shall
    remain valid as long as it is not suspended, revoked or
    terminated and as long as the aircraft is maintained in
    accordance with the essential requirements related to
    continuing airworthiness set out in point 1.d of Annex
    I and the measures adopted pursuant to paragraph 5;’;
    5. in Article 7, paragraph 4 is replaced by the following:
    ‘4.
    A certificate shall be required in respect of each flight
    simulation training device used for the training of pilots.
    The certificate shall be issued when the applicant has
    shown that the device complies with the rules established
    to
    ensure
    compliance
    with
    the
    relevant
    essential
    requirements as set out in Annex III.’;
    6. Article 8 is amended as follows:
    (a) paragraph 1 is replaced by the following:
    ‘1.
    The
    operation
    of
    aircraft
    referred
    to
    in
    Article 4(1)(b) and (c) shall comply with the essential
    requirements set out in Annex IV and, if applicable,
    Annex Vb.’;
    (b) paragraph 5 is amended as follows:
    (i) point (a) is replaced by the following:
    ‘(a) conditions to operate an aircraft in compliance
    with the essential requirements set out in
    Annex IV and, if applicable, Annex Vb;’;
    (ii) point (g) is replaced by the following:
    ‘(g) how operations of aircraft referred to in point
    (a)(ii) and points (d) and (h) of Annex II, when
    used for commercial air transportation, comply
    with the relevant essential requirements set out
    in Annex IV and, if applicable, Annex Vb.’;
    (c) in paragraph 6, the following indent is added:
    ‘— take into account the safety aspects related to
    ATM/ANS,’;
    24.11.2009
    EN
    Official Journal of the European Union
    L 309/55
    7. the following Articles are inserted:
    ‘Article 8a
    Aerodromes
    1.
    Aerodromes and aerodrome equipment as well as the
    operation of aerodromes shall comply with the essential
    requirements set out in Annex Va and, if applicable,
    Annex Vb.
    2.
    The compliance of aerodromes, aerodrome equipment
    and
    operation
    of
    aerodromes
    with
    the
    essential
    requirements shall be established in accordance with the
    following:
    (a) a certificate shall be required in respect of each
    aerodrome. The certificate and certification of changes
    to that certificate shall be issued when the applicant has
    shown
    that
    the
    aerodrome
    complies
    with
    the
    aerodrome certification basis set out in point (b), and
    that the aerodrome has no feature or characteristic
    making it unsafe for operation. The certificate shall
    cover the aerodrome, its operation and its safety-
    related equipment;
    (b) the certification basis for an aerodrome shall consist of
    the following:
    (i) the applicable certification specifications related to
    the type of aerodromes;
    (ii) the provisions for which an equivalent level of
    safety has been accepted; and
    (iii) the
    special
    detailed
    technical
    specifications
    necessary when the design features of a particular
    aerodrome or the experience in operation render
    any of the specifications referred to in point (i)
    inadequate or inappropriate to ensure conformity
    with the essential requirements set out in Annex
    Va;
    (c) the measures referred to in paragraph 5 may lay down
    a requirement of certification in respect of safety-critical
    aerodrome
    equipment.
    The
    certificate
    for
    such
    equipment shall be issued when the applicant has
    shown that the equipment complies with the detailed
    specifications established to ensure compliance with the
    essential requirements referred to in paragraph 1;
    (d) organisations responsible for the operation of aero­
    dromes shall demonstrate their capability and means
    to discharge the responsibilities associated with their
    privileges. These capabilities and means shall be
    recognised through the issuance of the certificate
    referred to in point (a). They may also be recognised
    through the issuance of a separate certificate if the
    Member State where the aerodrome is located so
    decides. The privileges granted to the certified organi­
    sation and the scope of the certificate, including a list of
    aerodromes to be operated, shall be specified in the
    certificate;
    (e) by way of derogation from point (d), Member States
    may decide that providers of apron management
    services shall be allowed to declare their capability
    and means of discharging the responsibilities associated
    with the services provided.
    3.
    Member States shall ensure that provisions are in
    place to safeguard aerodromes against activities and devel­
    opments in their surroundings which may cause unac­
    ceptable risks to aircraft using the aerodrome.
    4.
    Aerodrome operators shall monitor activities and
    developments which may cause unacceptable safety risks
    to aviation in the aerodrome surroundings and take,
    within their competence, mitigating measures as appro­
    priate.
    5.
    The measures designed to amend non-essential
    elements of the requirements referred to in this Article,
    by supplementing it, shall be adopted in accordance with
    the regulatory procedure with scrutiny referred to in
    Article 65(4).
    Those measures shall specify in particular:
    (a) the conditions for establishing and notifying to an
    applicant the certification basis applicable to an
    aerodrome;
    (b) the conditions for establishing and notifying to an
    applicant the detailed specifications applicable to
    aerodrome equipment;
    (c) the conditions for issuing, maintaining, amending,
    suspending or revoking certificates for aerodromes
    and certificates for aerodrome equipment, including
    operating limitations related to the specific design of
    the aerodrome;
    (d) the
    conditions
    for
    operating
    an
    aerodrome
    in
    compliance with the essential requirements set out in
    Annex Va and, if applicable, Annex Vb;
    (e) the conditions for issuing, maintaining, amending,
    suspending or revoking the certificates referred to in
    paragraph 2(d);
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    EN
    Official Journal of the European Union
    24.11.2009
    (f) the responsibilities of the holders of certificates;
    (g) the conditions for the acceptance and for the
    conversion
    of
    aerodrome
    certificates
    issued
    by
    Member States, including measures which are already
    authorised by the Member State concerned on the basis
    of notified deviations from Annex 14 of the Chicago
    Convention before the entry into force of this Regu­
    lation;
    (h) the conditions for the decision not to permit
    exemptions referred to in Article 4(3b), including
    criteria for cargo aerodromes, the notification of
    exempted aerodromes and for the review of granted
    exemptions;
    (i) the conditions under which operations shall be
    prohibited, limited or subject to certain conditions in
    the interest of safety;
    (j) the conditions and procedures for the declaration by
    and for the oversight of service providers referred to
    in paragraph 2(e).
    6.
    The measures referred to in paragraph 5 shall:
    (a) reflect the state of the art and the best practices in the
    field of aerodromes and take into account the
    applicable
    ICAO
    Standards
    and
    Recommended
    Practices;
    (b) be proportionate to the size, traffic, category and
    complexity of the aerodrome and nature and volume
    of operations thereon;
    (c) take into account worldwide aerodrome operation
    experience, and scientific and technical progress;
    (d) allow for immediate reaction to established causes of
    accidents and serious incidents;
    (e) provide for the necessary flexibility for customised
    compliance.
    Article 8b
    ATM/ANS
    1.
    Provision of ATM/ANS shall comply with the
    essential requirements set out in Annex Vb and, as far as
    practicable, Annex Va.
    2.
    ATM/ANS providers shall be required to hold a
    certificate. The certificate shall be issued when the
    provider has demonstrated its capability and means of
    discharging
    the
    responsibilities
    associated
    with
    the
    provider’s privileges. The privileges granted and the scope
    of the services provided shall be specified in the certificate.
    3.
    By way of derogation from paragraph 2, Member
    States may decide that providers of flight information
    services shall be allowed to declare their capability and
    means of discharging the responsibilities associated with
    the services provided.
    4.
    The measures referred to in paragraph 6 may lay
    down a requirement for certification in respect of organi­
    sations engaged in the design, manufacture and main­
    tenance
    of
    safety-critical
    ATM/ANS
    systems
    and
    constituents. The certificate for those organisations shall
    be issued when they have demonstrated their capability
    and means of discharging the responsibilities associated
    with their privileges. The privileges granted shall be
    specified in the certificate.
    5.
    The measures referred to in paragraph 6 may lay
    down a requirement for certification, or alternatively, vali­
    dation by the ATM/ANS provider, in respect of safety-
    critical ATM/ANS systems and constituents. The certificate
    for those systems and constituents shall be issued, or vali­
    dation shall be given, when the applicant has shown that
    the systems and constituents comply with the detailed spec­
    ifications established to ensure compliance with the
    essential requirements referred to in paragraph 1.
    6.
    The measures necessary for the implementation of
    this Article shall be adopted in accordance with the regu­
    latory procedure referred to in Article 5(3) of Regulation
    (EC) No 549/2004.
    Those measures shall specify in particular:
    (a) the conditions for the provision of ATM/ANS in
    compliance with the essential requirements set out in
    Annex Vb and, if applicable, in Annex Va;
    (b) the conditions for establishing and notifying to an
    applicant the detailed specifications applicable to
    ATM/ANS systems and constituents;
    (c) the conditions for issuing, maintaining, amending,
    suspending or revoking the certificates referred to in
    paragraphs 2 and 4;
    (d) the responsibilities of the holders of certificates;
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    (e) the conditions and procedures for the declaration by,
    and for the oversight of service providers referred to in
    paragraph 3;
    (f) the conditions under which operations shall be
    prohibited, limited or subject to certain conditions in
    the interest of safety.
    7.
    The measures referred to in paragraph 6 shall:
    (a) reflect the state of the art and the best practices in the
    field of ATM/ANS;
    (b) be proportionate to the type and complexity of the
    services provided;
    (c) take into account worldwide ATM/ANS experience, and
    scientific and technical progress;
    (d) be developed using as far as practicable the relevant
    provisions of Regulation (EC) No 549/2004 and of
    Regulation (EC) No 550/2004 of the European
    Parliament and of the Council of 10 March 2004 on
    the provision of air navigation services in the single
    European sky (the service provision Regulation) (*),
    Regulation (EC) No 551/2004 and Regulation (EC)
    No 552/2004 of the European Parliament and of the
    Council of 10 March 2004 on the interoperability of
    the European Air Traffic Management network (the
    interoperability Regulation) (**) and provide for transi­
    tional mechanisms to ensure the continuity of
    certificates already granted under those Regulations;
    initially they shall include the safety provisions of
    those Regulations and, where appropriate, in case of
    future amendments, take into account latest scientific
    and technical progress;
    (e) allow for immediate reaction to established causes of
    accidents and serious incidents.
    Article 8c
    Air traffic controllers
    1.
    Air traffic controllers as well as persons and organi­
    sations involved in the training, testing, checking or
    medical assessment of air traffic controllers, shall comply
    with the relevant essential requirements set out in Annex
    Vb.
    2.
    Air traffic controllers shall be required to hold a
    licence and a medical certificate appropriate to the service
    provided.
    3.
    The licence referred to in paragraph 2 shall only be
    issued when the applicant for the licence demonstrates that
    he or she complies with the rules established to ensure
    compliance with the essential requirements regarding theor­
    etical knowledge, practical skill, language proficiency and
    experience as set out in Annex Vb.
    4.
    The medical certificate referred to in paragraph 2 shall
    only be issued when the air traffic controller complies with
    the rules established to ensure compliance with the
    essential requirements on medical fitness as set out in
    Annex Vb. The medical certificate may be issued by aero
    medical examiners or by aero medical centres.
    5.
    The privileges granted to the air traffic controller and
    the scope of the licence and the medical certificate shall be
    specified in such licence and certificate.
    6.
    The capability of air traffic controller training organi­
    sations, aero medical examiners and aero medical centres to
    discharge the responsibilities associated with their privileges
    in relation to the issuance of licences and medical
    certificates shall be recognised by the issuance of a
    certificate.
    7.
    A certificate shall be issued to training organisations,
    aero medical examiners and aero medical centres for air
    traffic controllers that have demonstrated that they
    comply with the rules established to ensure compliance
    with the relevant essential requirements as set out in
    Annex Vb. The privileges granted by the certificate shall
    be specified therein.
    8.
    Persons responsible for providing practical training or
    for assessing air traffic controllers’ skill shall hold a
    certificate. The certificate shall be issued when the person
    concerned has demonstrated that he or she complies with
    the rules established to ensure compliance with the relevant
    essential requirements as set out in Annex Vb. The
    privileges granted by the certificate shall be specified
    therein.
    9.
    Synthetic training devices shall comply with the
    relevant essential requirements set out in Annex Vb.
    10.
    The measures designed to amend non-essential
    elements of this Article by supplementing it, shall be
    adopted in accordance with the regulatory procedure with
    scrutiny referred to in Article 65(4).
    Those measures shall specify in particular:
    (a) the different ratings and endorsements for air traffic
    controllers’ licences;
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    (b) the conditions for issuing, maintaining, amending,
    limiting, suspending or revoking licences, ratings and
    endorsements
    for
    licences,
    medical
    certificates,
    approvals and certificates, and the conditions under
    which such certificates and approvals need not be
    requested, while providing for transitional mechanisms
    to ensure the continuity of approvals and certificates
    already granted;
    (c) the privileges and responsibilities of the holders of
    licences,
    ratings
    and
    endorsements
    for
    licences,
    medical certificates, approvals and certificates;
    (d) the conditions for the acceptance and for the
    conversion of air traffic controllers’ licences as well as
    the conditions for the acceptance and for the
    conversion
    of
    national
    medical
    certificates
    into
    commonly recognised medical certificates.
    11.
    The measures referred to in paragraph 10 shall
    reflect the state of the art, including best practices and
    scientific and technical progress, in the field of air traffic
    controller training. They shall initially be developed on the
    basis of the provisions of Directive 2006/23/EC of the
    European Parliament and of the Council of 5 April 2006
    on a Community air traffic controller licence (***).
    ___________
    (*) OJ L 96, 31.3.2004, p. 10.
    (**) OJ L 96, 31.3.2004, p. 26.
    (***) OJ L 114, 27.4.2006, p. 22.’;
    8. Article 9 is amended as follows:
    (a) paragraph 1 is replaced by the following:
    ‘1.
    Aircraft referred to in Article 4(1)(d), as well as
    their crew and their operations, shall comply with
    applicable ICAO standards. To the extent that there
    are no such standards, these aircraft and their
    operations shall comply with the requirements set out
    in Annexes I, III, IV and, if applicable, Annex Vb,
    provided these requirements are not in conflict with
    the rights of third countries under international
    conventions.’;
    (b) in paragraph 5, the following point is added:
    ‘(e) safety aspects related to ATM/ANS are taken into
    account.’;
    9. in Article 10, paragraph 1 is replaced by the following:
    ‘1.
    The Member States, the Commission and the Agency
    shall cooperate with a view to ensuring compliance with
    this Regulation and its implementing rules.’;
    10. Article 11 is amended as follows:
    (a) paragraphs 4 and 5 are replaced by the following:
    ‘4.
    Pending the entry into effect of the measures
    referred to in Articles 5(5), 7(6) and 9(4) and the
    expiry of any transition periods provided for by those
    measures, and without prejudice to Article 69(4),
    certificates which cannot be issued in accordance with
    this Regulation may be issued on the basis of the
    applicable national regulations.
    5.
    Pending the entry into effect of the measures
    referred to in Article 8(5) and the expiry of any tran­
    sition periods provided for by those measures, and
    without prejudice to Article 69(4), certificates which
    cannot be issued in accordance with this Regulation
    may be issued on the basis of the applicable national
    regulations.’;
    (b) the following paragraphs are inserted:
    ‘5a.
    Pending the entry into effect of the measures
    referred to in Articles 8a(5) and 8c(10) and the
    expiry of any transition periods provided for by those
    measures, and without prejudice to Article 69(4),
    certificates which cannot be issued in accordance with
    this Regulation may be issued on the basis of the
    applicable national regulations.
    5b.
    Pending the entry into effect of the measures
    referred to in Article 8b(6) and the expiry of any tran­
    sition periods provided for by those measures, and
    without prejudice to Article 69(4), certificates which
    cannot be issued in accordance with this Regulation
    may be issued on the basis of the applicable national
    regulations or, where applicable, on the basis of the
    relevant requirements of Commission Regulation (EC)
    No 2096/2005 of 20 December 2005 laying down
    common requirements for the provision of air navi­
    gation services (*).
    ___________
    (*) OJ L 335, 21.12.2005, p. 13.’;
    11. in Article 13, the following paragraph is added:
    ‘Qualified entities shall not issue certificates.’;
    12. in Article 18, points (c) and (d) are replaced by the
    following:
    ‘(c) issue certification specifications and acceptable means
    of compliance, as well as any guidance material for the
    application of this Regulation and its implementing
    rules;
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    (d) take the appropriate decisions for the application of
    Articles 20, 21, 22, 22a, 22b, 23, 54 and 55
    including the granting of exemptions to holders of
    certificates it has issued, from the substantive
    requirements laid down in this Regulation and its
    implementing rules in the event of unforeseen urgent
    operational circumstances or operational needs of a
    limited duration, provided that the level of safety is
    not affected, that they are granted for a period not
    exceeding two months, that they are notified to the
    Commission and that they are not renewed;’;
    13. in Article 19(2), point (a) is replaced by the following:
    ‘(a) certification specifications and acceptable means of
    compliance; and’;
    14. the following Articles are inserted:
    ‘Article 22a
    ATM/ANS
    With regard to ATM/ANS referred to in Article 4(3c) the
    Agency shall:
    (a) conduct, itself or through national aviation authorities
    or qualified entities, inspections, and audits of the
    organisations it certifies;
    (b) issue and renew certificates of organisations located
    outside the territory subject to the provisions of the
    Treaty, responsible for providing services in the
    airspace of the territory to which the Treaty applies;
    (c) issue and renew certificates of organisations providing
    pan-European services;
    (d) amend, suspend or revoke the relevant certificate, when
    the conditions according to which it was issued are no
    longer fulfilled or if the holder of the certificate fails to
    fulfil the obligations imposed on it by this Regulation
    or by its implementing rules.
    Article 22b
    Air traffic controller certification
    With regard to the persons and organisations referred to in
    Article 8c(1), the Agency shall:
    (a) conduct, itself or through national aviation authorities
    or qualified entities, investigations and audits of the
    organisations it certifies and, where relevant, their
    personnel;
    (b) issue and renew the certificates of air traffic controller
    training organisations located outside the territory of
    the Member States and, where relevant, their personnel;
    (c) amend, suspend or revoke the relevant certificate when
    the conditions according to which it was issued by it
    are no longer fulfilled, or if the legal or natural person
    holding the certificate fails to fulfil the obligations
    imposed on it by this Regulation or its implementing
    rules.’;
    15. in Article 33(2)(c), the date ‘30 September’ is replaced by
    ‘30 November’;
    16. in Article 44, paragraph 1 is replaced by the following:
    ‘1.
    An appeal may be brought against decisions of the
    Agency taken pursuant to Articles 20, 21, 22, 22a, 22b,
    23, 55 or 64.’;
    17. in Article 50, paragraph 2 is replaced by the following:
    ‘2.
    Actions for the annulment of decisions of the Agency
    taken pursuant to Articles 20, 21, 22, 22a, 22b, 23, 55 or
    64 may be brought before the Court of Justice of the
    European Communities only after all appeal procedures
    within the Agency have been exhausted.’;
    18. Article 52 is amended as follows:
    (a) in paragraph 1, the first subparagraph is replaced by the
    following:
    ‘As soon as possible after the entry into force of this
    Regulation, the Management Board shall establish trans­
    parent procedures for issuing opinions, certification
    specifications, acceptable means of compliance and
    guidance material referred to in Article 18(a) and(c).’;
    (b) paragraph 2 is replaced by the following:
    ‘2.
    When the Agency, pursuant to Article 19,
    develops
    opinions,
    certification
    specifications,
    acceptable
    means
    of
    compliance
    and
    guidance
    material to be applied by Member States, it shall
    establish a procedure for consulting the Member
    States. To this effect, it may create a working group
    in which each Member State is entitled to designate an
    expert.’;
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    19. in Article 55, paragraph 1, the first sentence is replaced by
    the following:
    ‘The Agency may itself conduct or assign to national
    aviation authorities or qualified entities all necessary inves­
    tigations of undertakings in accordance with Articles 7, 20
    21, 22, 22a, 22b 23 and 24(2).’;
    20. the following Article is inserted:
    ‘Article 65a
    Amendments
    In accordance with the provisions of the Treaty, the
    Commission shall propose to amend Regulations (EC) No
    549/2004, (EC) No 550/2004, (EC) No 551/2004 and (EC)
    No 552/2004 in order to take into account the
    requirements of this Regulation.’;
    21. the title of Annex V is replaced by the following:
    ‘Criteria for qualified entities referred to in Article 13
    (“qualified entity” or “entity”)’;
    22. Annexes Va and Vb as set out in the Annex to this Regu­
    lation are inserted.
    Article 2
    Directive 2006/23/EC is hereby repealed.
    The provisions of Directive 2006/23/EC shall continue to apply,
    on a transitional basis, until the date of application of the
    measures referred to in Article 8c(10) of Regulation (EC) No
    216/2008 as amended by this Regulation.
    Article 3
    This Regulation shall enter into force on the 20th day following
    its publication in the Official Journal of the European Union.
    The Commission shall adopt the measures referred to in
    Article 8a(5) of Regulation (EC) No 216/2008 as amended by
    this Regulation before 31 December 2013. Article 8a shall
    apply as from the dates specified in those measures.
    The Commission shall adopt the measures referred to in
    Article 8b(6) and Article 8c(10) of Regulation (EC) No
    216/2008
    as
    amended
    by
    this
    Regulation
    before
    31 December 2012. Articles 8b and 8c shall apply as from
    the dates specified in those measures.
    This Regulation shall be binding in its entirety and directly applicable in all Member States.
    Done at Strasbourg, 21 October 2009.
    For the European Parliament
    The President
    J. BUZEK
    For the Council
    The President
    C. MALMSTRÖM
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    ANNEX
    ‘ANNEX Va
    ESSENTIAL REQUIREMENTS FOR AERODROMES
    A —
    Physical characteristics, infrastructure and equipment
    1. Movement area
    (a) Aerodromes shall have a designated area for the landing and take-off of aircraft, which satisfies the following
    conditions:
    (i) the landing and take-off area shall have dimensions and characteristics suitable for the aircraft intended to use
    the facility;
    (ii) the landing and take-off area, where applicable, shall have a bearing strength sufficient to support repetitive
    operations of the intended aircraft. Those areas not intended for repetitive operations only need to be capable
    of supporting the aircraft;
    (iii) the landing and take-off area shall be designed to drain water and to prevent standing water becoming an
    unacceptable risk to aircraft operations;
    (iv) the slope and slope changes of the landing and take-off area shall not create an unacceptable risk to aircraft
    operations;
    (v) the surface characteristics of the landing and take-off area shall be adequate for use by the intended aircraft;
    and
    (vi) the landing and take-off area shall be free from objects which might create an unacceptable risk to aircraft
    operations.
    (b) Where there are several designated landing and take-off areas, they shall be such that they do not create an
    unacceptable risk to aircraft operations.
    (c) The designated landing and take-off area shall be surrounded by defined areas. These areas are intended to protect
    aircraft flying over them during take-off or landing operations or to mitigate the consequences of undershooting,
    running off the side or overrunning the take-off and landing area, and shall satisfy the following conditions:
    (i) these areas shall have dimensions appropriate to the aircraft operations anticipated;
    (ii) the slope and slope changes of these areas shall not create an unacceptable risk to aircraft operations;
    (iii) these areas shall be free from objects which might create an unacceptable risk to aircraft operations. This
    should not preclude frangible equipment to be located in those areas, if required to assist aircraft operations;
    and
    (iv) each of these areas shall have a bearing strength sufficient to serve its purpose.
    (d) Those areas of an aerodrome, with their associated immediate surroundings, that are to be used for taxiing or
    parking aircraft, shall be designed to permit safe operation of the aircraft expected to use the particular facility
    under all the conditions planned for, and shall satisfy the following conditions:
    (i) these areas shall have a bearing strength sufficient to support repetitive operations of the intended aircraft,
    except for areas which are expected for only occasional use which only need to be capable of supporting the
    aircraft;
    (ii) these areas shall be designed to drain water and to prevent standing water becoming an unacceptable risk to
    aircraft operations;
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    (iii) the slope and slope changes of these areas shall not create an unacceptable risk to aircraft operations;
    (iv) the surface characteristics of these areas shall be adequate for use by the intended aircraft; and
    (v) these areas shall be free from objects which might create an unacceptable risk to aircraft. This should not
    preclude parking equipment required for that area in specifically identified positions or zones.
    (e) Other infrastructure intended for use by aircraft shall be so designed that use of that infrastructure does not create
    an unacceptable risk to aircraft using it.
    (f) Constructions, buildings, equipment or storage areas shall be located and designed so as not to create an unac­
    ceptable risk for aircraft operations.
    (g) Suitable means shall be provided to prevent unauthorised persons, unauthorised vehicles or animals large enough
    to create an unacceptable risk to aircraft operations from entering the movement area, without prejudice to
    national and international animal protection provisions.
    2. Obstacle clearances
    (a) To protect aircraft proceeding to an aerodrome for landing, or for their departure from an aerodrome, arrival and
    departure routes or areas shall be established. Such routes or areas shall provide aircraft with the required clearance
    from obstacles located in the area surrounding the aerodrome taking due account of the local physical char­
    acteristics.
    (b) Such obstacle clearance shall be appropriate to the phase of flight and type of operation being conducted. It shall
    also take into account the equipment being used for determining the position of the aircraft.
    3. Visual and non-visual aids and aerodrome equipment
    (a) AIDS shall be fit for purpose, recognisable and provide unambiguous information to users under all intended
    operational conditions.
    (b) Aerodrome equipment shall function as intended under the foreseen operating conditions. Under operating
    conditions or in case of failure, aerodrome equipment shall not cause an unacceptable risk to aviation safety.
    (c) The aids and their electrical power supply system shall be so designed that failures do not result in inappropriate,
    misleading or insufficient information being given to users or in interruption of an essential service.
    (d) Suitable means of protection shall be provided to avoid damage or disturbance to such aids.
    (e) Sources of radiation or the presence of moving or fixed objects shall not interfere with or adversely affect the
    performance of aeronautical communications, navigation and surveillance systems.
    (f) Information on operation and use of aerodrome equipment shall be made available to relevant staff, including clear
    indications of the conditions which may create unacceptable risks to aviation safety.
    4. Aerodrome data
    (a) Data relevant to the aerodrome and the available services shall be established and kept up to date.
    (b) The data shall be accurate, readable, complete and unambiguous. Appropriate integrity levels shall be maintained.
    (c) The data shall be made available to the users and the relevant ANS providers in a timely manner, using a
    sufficiently secure and expeditious method of communication.
    B —
    Operations and management
    1. The aerodrome operator is responsible for operation of the aerodrome. The responsibilities of the aerodrome operator are as follows:
    (a) the aerodrome operator shall have, directly or under contracts, all the means necessary to ensure safe operation of
    aircraft at the aerodrome. These means shall include, but are not limited to, facilities, personnel, equipment and
    material, documentation of tasks, responsibilities and procedures, access to relevant data and record-keeping;
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    (b) the aerodrome operator shall verify that the requirements of Section A are complied with at all times or take
    appropriate measures to mitigate the risks associated with non-compliance. Procedures shall be established and
    applied to make all users aware of such measures in a timely manner;
    (c) the aerodrome operator shall establish and implement an appropriate aerodrome wildlife risk management
    programme;
    (d) the aerodrome operator shall ensure that movements of vehicles and persons in the movement area and other
    operational areas are coordinated with movements of aircraft in order to avoid collisions and damage to aircraft;
    (e) the aerodrome operator shall ensure that procedures to mitigate risks related to aerodrome operations in winter
    operation, adverse weather conditions, reduced visibility or at night, if applicable, are established and imple­
    mented;
    (f)
    the aerodrome operator shall establish arrangements with other relevant organisations to ensure continuing
    compliance with these essential requirements for aerodromes. These organisations include, but are not limited
    to, aircraft operators, air navigation service providers, ground handling service providers and other organisations
    whose activities or products may have an effect on aircraft safety;
    (g) the aerodrome operator, either by itself or by means of contracts with third parties, shall ensure that procedures
    exist to provide aircraft with fuel which is uncontaminated and of the correct specification;
    (h) manuals for maintenance of aerodrome equipment shall be available, applied in practice and cover maintenance
    and repair instructions, servicing information, troubleshooting and inspection procedures;
    (i)
    the aerodrome operator shall establish and implement an aerodrome emergency plan, covering emergency
    scenarios that may occur at the aerodrome or in its surroundings. This plan shall be coordinated, as appropriate,
    with the local community emergency plan;
    (j)
    the aerodrome operator shall ensure that adequate aerodrome rescue and firefighting services are provided. Such
    services shall respond to an incident or accident with due urgency and shall include at least equipment, extin­
    guishing agents and a sufficient number of personnel;
    (k) the aerodrome operator shall use only trained and qualified personnel for aerodrome operations and maintenance
    and shall implement and maintain training and check programmes to ensure the continuing competence of all
    relevant personnel;
    (l)
    the aerodrome operator shall ensure that any person permitted unescorted access to the movement area or other
    operational areas is adequately trained and qualified for such access;
    (m) the rescue and firefighting personnel shall be properly trained and qualified to operate in the aerodrome
    environment. The aerodrome operator shall implement and maintain training and check programmes to
    ensure the continuing competence of this personnel; and
    (n) all rescue and firefighting personnel potentially required to act in aviation emergencies shall periodically demon­
    strate their medical fitness to execute their functions satisfactorily, taking into account the type of activity. In this
    context, medical fitness, comprising both physical and mental fitness, means not suffering from any disease or
    disability which could make this personnel unable:
    (i) to execute the tasks necessary to operate in aviation emergencies;
    (ii) to perform their assigned duties at any time; or
    (iii) to perceive their environment correctly.
    2. Management systems
    (a) The aerodrome operator shall implement and maintain a management system to ensure compliance with these
    essential requirements for aerodromes and to aim for continuous and proactive improvement of safety. The
    management system shall include organisational structures, accountability, responsibilities, policies and procedures.
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    (b) The management system shall include an accident and incident prevention programme, including an occurrence-
    reporting and analysis scheme. The analysis shall involve the parties listed in point 1(f) above, as appropriate.
    (c) The aerodrome operator shall develop an aerodrome manual and operate in accordance with that manual. Such
    manuals shall contain all necessary instructions, information and procedures for the aerodrome, the management
    system and for operations personnel to perform their duties.
    C —
    Aerodrome surroundings
    1. The airspace around aerodrome movement areas shall be safeguarded from obstacles so as to permit the intended
    aircraft operations at the aerodromes without creating an unacceptable risk caused by the development of obstacles
    around the aerodrome. Obstacle monitoring surfaces shall therefore be developed, implemented and continuously
    monitored to identify any infringing penetration.
    (a) Any infringement of these surfaces will require an assessment to identify whether or not the object creates an
    unacceptable risk. Any object posing an unacceptable risk shall be removed or appropriate mitigating action shall
    be taken to protect aircraft using the aerodrome.
    (b) Any remaining such obstacles shall be published and, depending on the need, shall be marked and, where
    necessary, made visible by means of lights.
    2. Hazards related to human activities and land use, such as, but not limited to, items on the following list, shall be
    monitored. The risk caused by them shall be assessed and mitigated as appropriate:
    (a) any development or change in land use in the aerodrome area;
    (b) the possibility of obstacle-induced turbulence;
    (c) the use of hazardous, confusing and misleading lights;
    (d) the dazzling caused by large and highly reflective surfaces;
    (e) the creation of areas that might encourage wildlife activity in the surroundings of the aerodrome movement area;
    (f) sources of non-visible radiation or the presence of moving or fixed objects which may interfere with, or adversely
    affect, the performance of aeronautical communications, navigation and surveillance systems.
    3. A local community emergency plan shall be established for aviation emergency situations occurring in the aerodrome
    local area.
    D —
    Others
    Except for aircraft emergency situations, when diverting to an alternate aerodrome, or under other conditions specified in
    each case, an aerodrome or parts thereof shall not be used by aircraft for which the aerodrome design and operating
    procedures are not normally intended.
    ANNEX Vb
    ESSENTIAL REQUIREMENTS FOR ATM/ANS AND AIR TRAFFIC CONTROLLERS
    1.
    Use of the airspace
    (a) All aircraft, excluding those engaged in the activities referred to in Article 1(2)(a), in all phases of flight or on the
    movement area of an aerodrome, shall be operated in accordance with common general operating rules and any
    applicable procedure specified for use of that airspace.
    (b) All aircraft, excluding those engaged in the activities referred to in Article 1(2)(a), shall be equipped with the
    required constituents and operated accordingly. Constituents used in the ATM/ANS system shall also comply with
    the requirements in point 3.
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    2.
    Services
    (a) Aeronautical information and data for airspace users for the purpose of air navigation
    (i) The data used as a source for aeronautical information shall be of sufficient quality, complete, current and
    provided in a timely manner.
    (ii) Aeronautical information shall be accurate, complete, current, unambiguous and be of adequate integrity in a
    suitable format for users.
    (iii) The dissemination of such aeronautical information to airspace users shall be timely and use sufficiently
    reliable and expeditious means of communication protected from interference and corruption.
    (b) Meteorological information
    (i) The data used as a source for aeronautical meteorological information shall be of sufficient quality, complete
    and current.
    (ii) To the extent possible, aeronautical meteorological information shall be precise, complete, current, be of
    adequate integrity and unambiguous in order to meet the needs of airspace users.
    (iii) The dissemination of such aeronautical meteorological information to airspace users shall be timely and use
    sufficiently reliable and expeditious means of communication protected from interference and corruption.
    (c) Air traffic services
    (i) The data used as a source for the provision of air traffic services shall be correct, complete and current.
    (ii) Air traffic services shall be sufficiently precise, complete, current, and unambiguous to meet the safety needs of
    users.
    (iii) Automated tools providing information or advice to users shall be properly designed, manufactured and
    maintained to ensure that they are fit for their intended purpose.
    (iv) Air traffic control services and related processes shall provide for adequate separation between aircraft and,
    where appropriate, assist in protection from obstacles and other airborne hazards and shall ensure prompt and
    timely coordination with all relevant users and adjacent volumes of airspace.
    (v) Communication between air traffic services and aircraft and between relevant air traffic services units shall be
    timely, clear, correct and unambiguous, protected from interference and commonly understood and, if
    applicable, acknowledged by all actors involved.
    (vi) Means shall be in place to detect possible emergencies and, when appropriate, to initiate effective search and
    rescue action. Such means shall, as a minimum, comprise appropriate alerting mechanisms, coordination
    measures and procedures, means and personnel to cover the area of responsibility efficiently.
    (d) Communication services
    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.
    (e) Navigation service
    Navigation services shall achieve and maintain a sufficient level of performance with regard to guidance, posi­
    tioning and, when provided, timing information. The performance criteria include accuracy, integrity, availability
    and continuity of the service.
    (f) Surveillance 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.
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    (g) Air traffic flow management
    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.
    (h) Airspace management
    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.
    (i) Airspace design
    Airspace structures and flight procedures shall be properly designed, surveyed and validated before they can be
    deployed and used by aircraft.
    3.
    Systems and constituents
    (a) General
    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.
    (b) System and constituent integrity, performance and reliability
    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.
    (c) Design of systems and constituents
    (i) Systems and constituents shall be designed to meet applicable safety requirements.
    (ii) Systems and constituents, considered collectively, separately and in relation to each other, shall be designed in
    such a way that an inverse relationship exists between the probability that any failure can result in a total
    system failure and the severity of its effect on the safety of services.
    (iii) Systems and constituents, considered individually and in combination with each other, shall be designed taking
    into account limitations related to human capabilities and performance.
    (iv) Systems and constituents shall be designed in a manner that protects them from unintended harmful inter­
    actions with external elements.
    (v) Information needed for manufacturing installation, operation and maintenance of the systems and constituents
    as well as information concerning unsafe conditions shall be provided to personnel in a clear, consistent and
    unambiguous manner.
    (d) Continuing level of service
    Safety levels of systems and constituents shall be maintained during service and any modifications to service.
    4.
    Qualification of air traffic controllers
    (a) General
    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.
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    (b) Theoretical knowledge
    (i) An air traffic controller shall acquire and maintain a level of knowledge appropriate to the functions exercised
    and proportionate to the risks associated with the type of service.
    (ii) Acquisition and retention of theoretical knowledge shall be demonstrated by continuous assessment during
    training, or by appropriate examinations.
    (iii) An appropriate level of theoretical knowledge shall be maintained. Compliance shall be demonstrated by
    regular assessments or examinations. The frequency of examinations shall be proportionate to the level of risk
    associated with the type of service.
    (c) Practical skill
    (i) An air traffic controller shall acquire and maintain the practical skills appropriate to exercise his/her functions.
    Such skills shall be proportionate to the risks associated with the type of service and shall cover at least, if
    appropriate to the functions exercised, the following items:
    i. operational procedures;
    ii. task specific aspects;
    iii. abnormal and emergency situations; and
    iv. human factors.
    (ii) An air traffic controller shall demonstrate the ability to perform the associated procedures and tasks with a
    level of competence appropriate to the functions exercised.
    (iii) A satisfactory level of competence in practical skill shall be maintained. Compliance shall be verified by regular
    assessments. The frequency of these assessments shall be proportionate to the complexity and the level of risk
    associated with the type of service and the tasks performed.
    (d) Language proficiency
    (i) An air traffic controller shall demonstrate proficiency to speak and understand English to the extent he/she is
    able to communicate effectively in voice-only (telephone/radiotelephone) and in face-to-face situations on
    concrete and work-related topics, including in emergency situations.
    (ii) Whenever necessary in a defined volume of airspace for ATS service provision purposes, an air traffic
    controller shall also have proficiency to speak and understand the national language(s) to the extent
    described above.
    (e) Synthetic training devices (STD)
    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.
    (f) Training course
    (i) Training shall be given by a training course, which may comprise theoretical and practical instruction,
    including training on an STD, if applicable.
    (ii) A course shall be defined and approved for each type of training.
    (g) Instructors
    (i) Theoretical instruction shall be given by appropriately qualified instructors. They shall:
    i. have appropriate knowledge in the field where instruction is to be given; and
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    ii. have demonstrated the ability to use appropriate instructional techniques.
    (ii) Instruction on practical skills shall be given by appropriately qualified instructors, who have the following
    qualifications:
    i. meet the theoretical knowledge and the experience requirements appropriate to the instruction being given;
    ii. have demonstrated the ability to instruct and to use appropriate instructional techniques;
    iii. have practised instructional techniques in those procedures in which it is intended to provide instruction;
    and
    iv. receive regular refresher training to ensure that the instructional competences are maintained.
    (iii) Instructors on practical skills shall also be or have been entitled to act as an air traffic controller.
    (h) Assessors
    (i) Persons responsible for assessing the skill of air traffic controllers shall:
    i. have demonstrated the ability to assess the performance of, and conduct tests and checks on air traffic
    controllers; and
    ii. receive regular refresher training to ensure that the assessment standards are maintained up to date.
    (ii) Assessors on practical skills shall also be or have been entitled to act as an air traffic controller in those areas
    in which assessment is to be made.
    (i) Medical fitness of an air traffic controller
    (i) Medical criteria
    i. All air traffic controllers shall periodically demonstrate medical fitness to satisfactorily execute their
    functions. Compliance shall be shown by appropriate assessment taking into account the possible mental
    and physical degradation due to age;
    ii. Demonstration of medical fitness, comprising physical and mental fitness, shall include the demonstrated
    absence of any disease or disability, which makes the person providing an air traffic control (ATC) service
    unable:
    — 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.
    (ii) Where medical fitness cannot be fully demonstrated, mitigation measures that provide equivalent safety may be
    implemented.
    5.
    Service providers and training organisations
    (a) Service provision shall not be undertaken unless the following conditions are met:
    (i) 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;
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    (ii) 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;
    (iii) 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;
    (iv) the service provider shall use only suitably qualified and trained personnel and implement and maintain
    training and checking programmes for the personnel;
    (v) the service provider shall establish formal interfaces with all the other contributors to the service provision to
    ensure compliance with these essential requirements;
    (vi) the service provider shall establish and implement a contingency plan covering emergency and abnormal
    situations that may occur in relation to its services;
    (vii) 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
    (viii) 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.
    (b) ATC service provision shall not be undertaken unless the following conditions are met:
    (i) 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;
    (ii) the prevention of stress of personnel providing an ATC service shall be managed through education and
    prevention programmes;
    (iii) 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;
    (iv) the ATC service provider shall take into account operational and technical constraints as well as human factor
    principles in its planning and operations.
    (c) Communication, navigation and/or surveillance service provision shall not be undertaken unless the following
    condition is met:
    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.
    (d) Training organisations
    A training organisation providing training for personnel providing an ATC service shall meet the following
    requirements:
    (i) 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;
    (ii) implement and maintain a management system relating to safety and the standard of training, and aim for
    continuous improvement of this system; and
    (iii) establish arrangements with other relevant organisations, as necessary, to ensure continuing compliance with
    these essential requirements.’
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