15.9.2023 |
EN |
Official Journal of the European Union |
L 228/73 |
COMMISSION IMPLEMENTING REGULATION (EU) 2023/1772
of 12 September 2023
amending Implementing Regulation (EU) No 923/2012 as regards the operating rules related to the use of Air Traffic Management and Air Navigation Services systems and constituents in the Single European Sky airspace and repealing Regulation (EC) No 1033/2006
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 3922/91 (1), and in particular Article 31 and Article 44(1), point (a), thereof,
Whereas:
(1) |
In accordance with Article 140(2) of Regulation (EU) 2018/1139, the implementing rules adopted on the basis of the repealed Regulation (EC) No 552/2004 of the European Parliament and of the Council (2) are to be adapted to the provisions of Regulation (EU) 2018/1139, not later than 12 September 2023. |
(2) |
Commission Regulation (EC) No 1033/2006 (3) lays down the requirements on procedures for flight plans in the pre-flight phase for the Single European Sky. |
(3) |
Commission Implementing Regulation (EU) No 923/2012 (4) lays down the common rules of the air and operational provisions regarding services and procedures in air navigation. |
(4) |
In order to ensure the continuity of the requirements for the use of the air traffic management and air navigation services (‘ATM/ANS’) equipment in the Single European Sky airspace, Implementing Regulation (EU) No 923/2012 should be amended to include the relevant requirements for flight planning contained in Regulation (EC) No 1033/2006, which is being repealed by this Regulation. |
(5) |
As the Network Manager is entrusted with flight plan processing tasks in the pre-flight phase, Implementing Regulation (EU) No 923/2012 should also apply to the Network Manager. |
(6) |
It is essential that all users adhere to the operations manuals developed and maintained by the Network Manager when they submit flight plans. |
(7) |
The repetitive flight plans (RPL) are no longer applicable in the EUR region, thus any reference to RPL should be removed. |
(8) |
Requirements related to procedures for flight plans in the pre-flight phase for the Single European Sky that are set out in Regulation (EC) No 1033/2006 do not apply to services provided in the Single European Sky airspace outside the International Civil Aviation Organization (ICAO) European (EUR) region as defined in the EUR Air Navigation Plan Volume I (Doc 7754) of ICAO due to their local low traffic volume and geographic situation with airspace borders only with airspace under the responsibility of a third-country ATM/ANS providers, which justifies different local coordination arrangements with surrounding non-EU States. |
(9) |
Regulation (EC) No 1033/2006 should therefore be repealed and Implementing Regulation (EU) No 923/2012 should therefore be amended accordingly. |
(10) |
The amended requirements set out in this Regulation have taken due account of the content of the Air Traffic Management Master Plan and the communication, navigation and surveillance capabilities contained in it. |
(11) |
The European Union Aviation Safety Agency has proposed measures in its Opinion No 01/2023 (5) in accordance with Article 75(2), points (b) and (c), and Article 76(1) of Regulation (EU) 2018/1139. |
(12) |
The measures provided for in this Regulation are in accordance with the opinion of the committee established in accordance with Article 127 of Regulation (EU) 2018/1139, |
HAS ADOPTED THIS REGULATION:
Article 1
Amendments to Implementing Regulation (EU) No 923/2012
Implementing Regulation (EU) No 923/2012 is amended as follows:
(1) |
In Article 1, paragraph 3 is replaced by the following: ‘3. This Regulation shall also apply to the competent authorities of the Member States, air navigation service providers, the Network Manager, aerodrome operators and ground personnel engaged in aircraft operations.’ |
(2) |
Article 2 is amended as follows:
|
(3) |
the Annex is amended in accordance with the Annex to this Regulation. |
Article 2
Repeal
Regulation (EC) No 1033/2006 is repealed.
Article 3
Entry into force
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 12 September 2023.
For the Commission
The President
Ursula VON DER LEYEN
(1) OJ L 212, 22.8.2018, p. 1.
(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 interoperability Regulation) (OJ L 96, 31.3.2004, p. 26).
(3) Commission Regulation (EC) No 1033/2006 of 4 July 2006 laying down the requirements on procedures for flight plans in the pre-flight phase for the single European sky (OJ L 186, 7.7.2006, p. 46).
(4) Commission Implementing Regulation (EU) No 923/2012 of 26 September 2012 laying down the common rules of the air and operational provisions regarding services and procedures in air navigation and amending Implementing Regulation (EU) No 1035/2011 and Regulations (EC) No 1265/2007, (EC) No 1794/2006, (EC) No 730/2006, (EC) No 1033/2006 and (EU) No 255/2010 (OJ L 281, 13.10.2012, p. 1).
(5) https://www.easa.europa.eu/document-library/opinions
ANNEX
The Annex to Implementing Regulation (EU) No 923/2012 is amended as follows:
(1) |
point SERA.2001 is replaced by the following: ‘ SERA.2001 Subject Without prejudice to point SERA.1001, this Annex applies to airspace users and aircraft:
|
(2) |
point SERA.4001 is amended as follows:
|
(3) |
point SERA.4005 is replaced by the following: ‘ SERA.4005 Content of a flight plan
|
(4) |
point SERA.4010 is replaced by the following: ‘ SERA.4010 Completion of a flight plan
(*1) Commission Implementing Regulation (EU) 2023/1770 of 12 September 2023 laying down provisions on aircraft equipment required for the use of the Single European Sky airspace and operating rules related to the use of the Single European Sky airspace and repealing Regulation (EC) No 29/2009 and Implementing Regulations (EU) No 1206/2011, (EU) No 1207/2011 and (EU) No 1079/2012 (OJ L 228, XX.9.2023, p. 39)’;" |
(5) |
the following point SERA.4013 is inserted: ‘ SERA.4013 Acceptance of a flight plan
|
(6) |
point SERA.4015 is replaced by the following: ‘ SERA.4015 Changes to a flight plan
|
(7) |
the following Section 15 is added: ‘ SECTION 15 Controller–pilot data link communication (CPDLC) procedures SERA.15001 Data link initiation and data link initiation failure
SERA.15005 Establishment of CPDLC
SERA.15010 Transfer of CPDLC
SERA.15015 Construction of CPDLC messages
SERA.15020 Responding to CPDLC messages
SERA.15025 Correction of CPDLC messages
SERA.15030 Controller data link communication procedures for emergencies, hazards, and CPDLC equipment failure
SERA.15035 Intentional shutdown of CPDLC system
SERA.15040 Discontinuation of the use of CPDLC requests
SERA.15045 Use of CPDLC in the event of air–ground voice communication failure The existence of a CPDLC connection between an air traffic services unit and an aircraft should not prevent the pilot and the air traffic controller concerned from initiating and performing all the required actions in the event of air–ground voice communication failure. SERA.15050 Testing of CPDLC Where the testing of CPDLC with an aircraft could affect the air traffic services being provided to the aircraft, coordination shall be effected prior to such testing.’; |
(8) |
the following Appendix 6 is added: ‘Appendix 6 COMPLETION OF A FLIGHT PLAN 1. ICAO model flight plan form
2. Instructions for the completion of the flight plan form 2.1. General Adhere closely to the prescribed formats and manner of specifying data. Commence inserting data in the first space provided. Where excess space is available, leave unused spaces blank. Insert all clock times in 4 figures UTC. Insert all estimated elapsed times in 4 figures (hours and minutes). The shaded area preceding item 3 – shall be completed by ATS and COM services, unless the responsibility for originating flight plan messages has been delegated. 2.2. Instructions for insertion of ATS data Complete items 7 to 18 and, when so required by the competent authority or otherwise deemed necessary, item 19 as indicated hereunder. INSERT one of the following aircraft identifications, not exceeding 7 alphanumeric characters and without hyphens or symbols:
INSERT one of the following letters to denote the category of flight rules with which the pilot intends to comply:
Specify in Item 15 the point or points at which a change of flight rules is planned.
INSERT one of the following letters to denote the type of flight when so required by the competent authority:
Specify status of a flight following the indicator STS in Item 18, or when necessary to denote other reasons for specific handling by ATS, indicate the reason following the indicator RMK in Item 18.
INSERT the number of aircraft, if more than one.
INSERT the appropriate designator as specified in Doc 8643, Aircraft Type Designators, OR, if no such designator has been assigned, or in case of formation flights comprising more than one type, INSERT ZZZZ, and SPECIFY in item 18 the (numbers and) type(s) of aircraft preceded by ‘TYP/
INSERT an oblique stroke followed by one of the following letters to indicate the wake turbulence category of the aircraft:
Capabilities comprise the following elements:
INSERT one letter as follows:
INSERT one or more of the following letters to indicate the serviceable COM/NAV/approach aid equipment and capabilities available:
Any alphanumeric characters not indicated above are reserved.
OR
SSR Modes A and C
SSR Mode S
ADS-B
ADS-C
Alphanumeric characters not indicated above are reserved.
INSERT ZZZZ and SPECIFY, in Item 18:
INSERT AFIL, and SPECIFY, in Item 18, the ICAO 4-letter location indicator of the location of the ATS unit from which supplementary flight plan data can be obtained, preceded by DEP/. THEN, WITHOUT A SPACE, INSERT for a flight plan submitted before departure, the estimated off-block time (EOBT), or for a flight plan received from an aircraft in flight, the actual or estimated time over the first point of the route to which the flight plan applies. INSERT the first cruising speed as in (a) and the first cruising level as in (b), without a space between them.
INSERT the True airspeed for the first or the whole cruising portion of the flight, in terms of:
INSERT the planned cruising level for the first or the whole portion of the route to be flown, in terms of:
Flights along designated ATS routes
THEN
FOLLOWED IN EACH CASE
Flights outside designated ATS routes
USE ONLY the conventions in (1) to (5) below and SEPARATE each sub-item by a space.
The coded designator assigned to the route or route segment including, where appropriate, the coded designator assigned to the standard departure or arrival route (e.g. BCN1, Bl, R14, UB10, KODAP2A).
The coded designator (2 to 5 characters) assigned to the point (e.g. LN, MAY, HADDY), or, if no coded designator has been assigned, one of the following ways:
The point at which a change of speed (5 % TAS or 0,01 Mach or more) or a change of level is planned to commence, expressed exactly as in (2) above, followed by an oblique stroke and both the cruising speed and the cruising level, expressed exactly as in (a) and (b) above, without a space between them, even when only one of these quantities will be changed.
The point at which the change of flight rules is planned, expressed exactly as in (2) or (3) above as appropriate, followed by a space and one of the following: VFR if from IFR to VFR IFR if from VFR to IFR
The letter C followed by an oblique stroke; THEN the point at which cruise climb is planned to start, expressed exactly as in (2) above, followed by an oblique stroke; THEN the speed to be maintained during cruise climb, expressed exactly as in (a) above, followed by the two levels defining the layer to be occupied during cruise climb, each level expressed exactly as in (b) above, or the level above which cruise climb is planned followed by the letters PLUS, without a space between them.
THEN WITHOUT A SPACE
Hyphens or oblique strokes should only be used as prescribed below.
Combinations of alphanumeric characters not indicated above are reserved.
Endurance
2.3 Filed by
|
(*1) Commission Implementing Regulation (EU) 2023/1770 of 12 September 2023 laying down provisions on aircraft equipment required for the use of the Single European Sky airspace and operating rules related to the use of the Single European Sky airspace and repealing Regulation (EC) No 29/2009 and Implementing Regulations (EU) No 1206/2011, (EU) No 1207/2011 and (EU) No 1079/2012 (OJ L 228, XX.9.2023, p. 39)’;’