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Document 02010R0255-20171211
Commission Regulation (EU) No 255/2010 of 25 March 2010 laying down common rules on air traffic flow management (Text with EEA relevance)
Consolidated text: Commission Regulation (EU) No 255/2010 of 25 March 2010 laying down common rules on air traffic flow management (Text with EEA relevance)
Commission Regulation (EU) No 255/2010 of 25 March 2010 laying down common rules on air traffic flow management (Text with EEA relevance)
02010R0255 — EN — 11.12.2017 — 003.001
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COMMISSION REGULATION (EU) No 255/2010 of 25 March 2010 laying down common rules on air traffic flow management (OJ L 080 26.3.2010, p. 10) |
Amended by:
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No |
page |
date |
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COMMISSION IMPLEMENTING REGULATION (EU) No 923/2012 of 26 September 2012 |
L 281 |
1 |
13.10.2012 |
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COMMISSION IMPLEMENTING REGULATION (EU) 2016/1006 of 22 June 2016 |
L 165 |
8 |
23.6.2016 |
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COMMISSION IMPLEMENTING REGULATION (EU) 2017/2159 of 20 November 2017 |
L 304 |
45 |
21.11.2017 |
COMMISSION REGULATION (EU) No 255/2010
of 25 March 2010
laying down common rules on air traffic flow management
(Text with EEA relevance)
Article 1
Subject matter and scope
This Regulation shall apply within the airspace referred to in Article 1(3) of Regulation (EC) No 551/2004 to:
all flights intended to operate or operating as general air traffic and in accordance with the instrument flight rules (hereinafter IFR) in whole or in part;
all phases of flights referred to in point (a) and air traffic management.
This Regulation shall apply to the following parties, or agents acting on their behalf, involved in ATFM processes:
operators of aircraft,
air traffic service (hereinafter ATS) units, including ATS reporting offices and aerodrome control services;
aeronautical information services;
entities involved in airspace management;
airport managing bodies;
the central unit for ATFM;
local ATFM units;
slot coordinators of coordinated airports.
Article 2
Definitions
For the purposes of this Regulation the definitions provided for in Article 2 of Regulation (EC) No 549/2004 and Article 2 of Council Regulation (EEC) No 95/93 ( 1 ) shall apply.
The following definitions shall also apply:
‘air traffic flow management (ATFM) measure’ means the actions taken to perform air traffic flow management and capacity management;
‘operator’ means a person, organisation or enterprise engaged in or offering to engage in an aircraft operation;
‘IFR’ means the symbol used to designate instrument flight rules;
‘air traffic services (ATS) reporting office’ means an ATS unit established for the purpose of receiving reports concerning ATS and flight plans submitted before the first delivery of an air traffic control clearance;
‘local air traffic flow management (ATFM) unit’ means a flow management entity operating on behalf of one or more other flow management entities as the interface between the central unit for ATFM and an ATS unit or a group of such units;
‘critical event’ means an unusual situation or crisis involving a major loss of EATMN capacity, or a major imbalance between EATMN capacity and demand, or a major failure in the information flow in one or several parts of the EATMN;
‘air traffic flow management (ATFM) departure slot’ means a calculated take-off time attributed by the central unit for ATFM with a time tolerance managed by the local ATS unit;
‘route and traffic orientation’ means policies and procedures for the use of routes by aircraft;
‘multiple flight plan’ means more than one flight plan for the same intended flight between two airports;
‘air traffic service (ATS) unit sector configuration’ means the four dimensional description of an ATS unit airspace sector, or group of sectors, which may be operated on a permanent or temporary basis;
‘aerodrome taxi time’ means the pre-determined time value from off-block to take-off, expressed in minutes and valid during normal airport operations;
‘updated flight position’ means aircraft position, updated by surveillance data, flight plan data or position reports;
‘air traffic control clearance’ means the authorisation for an aircraft to proceed under conditions specified by an air traffic control unit;
‘flight plan suspension’ means the process initiated by an entity performing ATFM to ensure that a change is made to the flight plan by the operator before the execution of the flight;
‘air service’ means a flight or a series of flights carrying passengers, cargo or mail for remuneration or hire;
‘operational log’ means a log of the ATFM system, converted into a database to allow quick search of ATFM data.
Article 3
Air traffic flow management framework
ATFM shall be governed by the following principles:
ATFM measures shall:
prevent excessive air traffic demand compared with declared air traffic control (ATC) capacity of sectors and airports;
use EATMN capacity to the maximum extent possible in order to optimise the efficiency of the EATMN and minimise adverse effects on operators;
optimise the EATMN capacity made available through the development and application of capacity enhancing measures by ATS units;
support the management of critical events;
local ATFM units and the central unit for ATFM shall be considered as part of the ATFM function.
The first subparagraph may be applied to flights which are unable to accept the re-routing option to avoid or alleviate congested areas, taking into consideration the location and extent of the congested area.
Article 4
General obligations of Member States
Article 5
Obligations of Member States concerning the central unit for ATFM
Member States shall ensure that the central unit for ATFM:
optimises the overall performance effects on the EATMN through planning, coordination and implementation of ATFM measures;
consults with operators on the definition of ATFM measures;
ensures the effective implementation of ATFM measures, together with local ATFM units;
in coordination with local ATFM units identifies alternative routings to avoid or alleviate congested areas, taking into account the overall performance effects on the EATMN;
offers a re-routing to those flights that would optimise the effect of point (d);
provides information on ATFM in a timely manner to operators and ATS units, including:
planned ATFM measures;
impact of ATFM measures on take-off time and flight profile of individual flights;
monitors the occurrences of missing flight plans and multiple flight plans that are filed;
suspends a flight plan when, considering the time tolerance, the ATFM departure slot cannot be met and a new estimated off-block time is not known;
monitors the number of exemptions granted in accordance with Article 4(5).
Article 6
General obligations of ATS units
ATS units shall provide the central unit for ATFM with the following data and subsequent updates, in a timely manner and ensuring its quality:
availability of airspace and route structures,
ATS unit sector configurations and activations,
aerodrome taxi times,
air traffic control sector and airport capacities,
route availability including availability through application of flexible use of airspace in accordance with Regulation (EC) No 2150/2005,
updated flight positions,
deviations from flight plans,
airspace availability including availability through application of flexible use of airspace in accordance with Regulation (EC) No 2150/2005,
actual flight take-off times.
The data shall be made available to parties referred to in Article 1(3) and provided free of charge to, and by, the central unit for ATFM.
The ATS unit at the departure airport shall ensure that:
where a flight is subject to an ATFM departure slot, that slot is included as part of the air traffic control clearance;
flights adhere to ATFM departure slots;
flights not adhering to their estimated off blocks time, taking into account the established time tolerance, are not given take-off clearance;
flights whose flight plan has been rejected or suspended are not given take-off clearance.
Article 7
General obligations of operators
Article 8
General obligations of airport managing bodies
Airport managing bodies shall notify to the central unit for ATFM, directly or through the local ATFM unit or ATS units or both, all events that may impact air traffic control capacity or air traffic demand. They shall inform the local ATFM unit and ATS units where the notification is done directly.
Article 9
Consistency between flight plans and airport slots
Article 10
Obligations concerning critical events
The contingency procedures shall include:
organisational and coordination arrangements,
ATFM measures to manage access to affected areas to prevent excessive air traffic demand compared with declared capacity of the whole or part of the airspace or airports concerned,
circumstances, conditions and procedures for the application of priority rules for flights, which respect Member States’ essential security or defence policy interests,
recovery arrangements.
Article 11
Monitoring of compliance to ATFM measures
Member States shall ensure that:
the central unit for ATFM notifies a Member State which grants exemptions in excess of 0,6 % of that Member State’s annual departures;
where a Member State has been notified under point (a), it shall produce a report providing details of the exemptions granted to be submitted to the Commission.
Article 12
Performance assessment
When implementing Article 11, Member States shall ensure that the central unit for ATFM produces annual reports indicating the quality of the ATFM that shall include details of:
causes of ATFM measures;
impact of ATFM measures;
adherence to ATFM measures;
contributions by parties referred to in Article 1(3) to the optimisation of the overall network effect.
The data referred to in the first subparagraph shall be retained for 2 years from their submission and made available to the Commission, Member States, ATS units and operators.
That data shall be made available to airport coordinators and airport operators to assist their regular assessment of the declared capacity.
Article 13
Safety requirements
Member States shall ensure that a safety assessment, including hazard identification, risk assessment and mitigation, is conducted, before any significant changes to ATFM systems and procedures are introduced, including an assessment of a safety management process addressing the complete lifecycle of the air traffic management system.
Article 14
Additional requirements
Member States shall ensure that personnel of the parties referred to in Article 1(3) involved in ATFM activities are:
made duly aware of the provisions of this Regulation;
adequately trained and competent for their job functions.
Member States shall take the necessary measures to ensure that parties referred to in Article 1(3) with responsibilities for ATFM functions:
develop and maintain operations manuals containing the necessary instructions and information to enable their operations personnel to apply the provisions of this Regulation;
ensure that these manuals are consistent, accessible and kept up-to-date and that their update and distribution are subject to appropriate quality and documentation configuration management;
ensure that the working methods and operating procedures comply with this Regulation.
Article 15
Penalties
Member States shall lay down the rules on penalties applicable to infringements of the provisions of this Regulation and shall take all measures necessary to ensure that they are implemented. The penalties provided for must be effective, proportionate and dissuasive. The Member States shall notify those provisions to the Commission by 26 September 2011 at the latest and shall notify it without delay of any subsequent amendment affecting them.
Article 16
Entry into force and application
This Regulation shall enter into force on the 20th day following its publication in the Official Journal of the European Union.
It shall apply from 26 September 2011.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
ANNEX
List of the ICAO provisions for the purposes of air traffic flow management
Chapter 3 paragraph 3.7.5 (Air Traffic Flow Management) of Annex 11 to the Chicago Convention — Air Traffic Services (14th edition — July 2016, incorporating Amendment No 50A).
Chapter 3 (ATS system capacity and air traffic flow management) of ICAO Doc 4444, Procedures for Air Navigation Services — Air Traffic Management (PANS-ATM) (16th edition — 2016 incorporating Amendment No 7A).
Chapter 8 paragraph 8.3 (Exemptions from ATFM slot allocation) of ICAO Doc 7030, European (EUR) Regional Supplementary Procedures (5th edition 2008).
Chapter 8 paragraph 8.4 1.c) (on aircraft operator adherence to ATFM measures) of ICAO Doc 7030, European (EUR) Regional Supplementary Procedures (5th edition 2008).
Chapter 2 paragraph 2.3.2 (on changes to EOBT) of ICAO Doc 7030, European (EUR) Region Supplementary Procedures (5th edition 2008).
( 1 ) OJ L 14, 22.1.1993, p. 1.