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Document 32016R1185
Commission Implementing Regulation (EU) 2016/1185 of 20 July 2016 amending Implementing Regulation (EU) No 923/2012 as regards the update and completion of the common rules of the air and operational provisions regarding services and procedures in air navigation (SERA Part C) and repealing Regulation (EC) No 730/2006 (Text with EEA relevance)
Commission Implementing Regulation (EU) 2016/1185 of 20 July 2016 amending Implementing Regulation (EU) No 923/2012 as regards the update and completion of the common rules of the air and operational provisions regarding services and procedures in air navigation (SERA Part C) and repealing Regulation (EC) No 730/2006 (Text with EEA relevance)
Commission Implementing Regulation (EU) 2016/1185 of 20 July 2016 amending Implementing Regulation (EU) No 923/2012 as regards the update and completion of the common rules of the air and operational provisions regarding services and procedures in air navigation (SERA Part C) and repealing Regulation (EC) No 730/2006 (Text with EEA relevance)
C/2016/4586
OJ L 196, 21/07/2016, p. 3–43
(BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
In force
21.7.2016 |
EN |
Official Journal of the European Union |
L 196/3 |
COMMISSION IMPLEMENTING REGULATION (EU) 2016/1185
of 20 July 2016
amending Implementing Regulation (EU) No 923/2012 as regards the update and completion of the common rules of the air and operational provisions regarding services and procedures in air navigation (SERA Part C) and repealing Regulation (EC) No 730/2006
(Text with EEA relevance)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to 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 (1), and in particular Article 4 thereof,
Having regard to Regulation (EC) No 216/2008 of the European Parliament and of the Council of 20 February 2008 on common rules in the field of civil aviation and establishing a European Aviation Safety Agency and repealing Council Directive 91/670/EEC, Regulation (EC) No 1592/2002 and Directive 2004/36/EC (2), and in particular Article 8b(6) thereof,
Whereas:
(1) |
Article 4 of Regulation (EC) No 551/2004 requires the Commission to adopt implementing rules on rules of the air and on the uniform application of airspace classification. The Union's rules of the air have been developed in two phases. In Phase I (SERA Part A), the Commission, supported by Eurocontrol, the European Aviation Safety Agency (‘Agency’) and the International Civil Aviation Organisation (‘ICAO’), prepared the transposition into Union law of Annex 2 to the Convention on International Civil Aviation (‘Chicago Convention’). In Phase II (SERA Part B), the relevant provisions from Annexes 3 and 11 to the Chicago Convention have been transposed into Union law. The outcome was Commission Implementing Regulation (EU) No 923/2012 (3), combining both those Parts A and B in one Union act. |
(2) |
Implementing Regulation (EU) No 923/2012 should now be completed by including in it the remaining relevant ICAO provisions, in particular those set out in Annex 10 to the Chicago Convention and in Document 4444 (PANS-ATM), which have a rules of the air-nature and which have not yet been transposed into Union law. |
(3) |
The provisions contained in this Regulation, should support and complement rules related to the provision of air traffic services contained in Annex 10 Volume II and Annex 11 to the Chicago Convention, ICAO Doc. 4444 (PANS-ATM) and the Common Requirements established in accordance with Article 8b of Regulation (EC) No 216/2008, to ensure consistency of service provision with actions of pilots and other actors under this Regulation |
(4) |
Implementing Regulation (EU) No 923/2012 should also be aligned with Commission Regulations (EU) No 965/2012 (4) and (EU) No 139/2014 (5), in order to ensure a consistent approach to regulating civil aviation safety. |
(5) |
For the same reason, and in order to ensure a more user-friendly presentation of the applicable rules, the rules set out in Commission Regulation (EC) No 730/2006 (6) should be inserted in Implementing Regulation (EU) No 923/2012. |
(6) |
Therefore, Implementing Regulation (EU) No 923/2012 should be amended accordingly and Regulation (EC) No 730/2006 should be repealed. |
(7) |
Sufficient transition time should be provided for Member States, aircraft operators, air navigation service providers and other interested parties to be able to correctly implement this Regulation, including the necessary publication of new procedures and the training of operators and affected staff. However, the provisions of this Regulation containing urgent amendments of Implementing Regulation (EU) No 923/2012 in light of recent amendments of Annexes 2 and 11 to the Chicago Convention or lessons learned from the implementation of Regulation (EU) No 923/2012 should apply already from an appropriate earlier date, taking into account the system of aeronautical information regulation and control ‘AIRAC’ notification dates. |
(8) |
The measures provided for in this Regulation are based on the opinion issued by the Agency in accordance with Articles 17(2)(b) and 19(1) of Regulation (EC) No 216/2008. |
(9) |
The measures provided for in this Regulation are in accordance with the opinion of the Single Sky Committee, established by Article 5 of Regulation (EC) No 549/2004 of the European Parliament and of the Council (7), |
HAS ADOPTED THIS REGULATION:
Article 1
Implementing Regulation (EU) No 923/2012 is amended as follows:
(1) |
Article 1 is amended as follows:
|
(2) |
Article 2 is amended as follows:
|
(3) |
Article 4 is amended as follows:
|
(4) |
The Annex is amended in accordance with the Annex to this Regulation. |
Article 2
Regulation (EC) No 730/2006 is repealed.
Article 3
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
It shall apply from 12 October 2017.
However, the following provisions shall apply from 18 August 2016:
(1) |
Article 1(1); |
(2) |
Article 1(2)(f), (i), (j), (l) and (o); |
(3) |
Article 1(3); |
(4) |
Article 2; |
(5) |
points (1), (2), (3), (4), (5), (6), (8) (12), (13), (15), (16), (19), (21), (22), (26)(b), (26)(c), (27) and (28) of the Annex. |
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 20 July 2016.
For the Commission
The President
Jean-Claude JUNCKER
(1) OJ L 96, 31.3.2004, p. 20.
(3) 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).
(4) Commission Regulation (EU) No 965/2012 of 5 October 2012 laying down technical requirements and administrative procedures related to air operations pursuant to Regulation (EC) No 216/2008 of the European Parliament and of the Council (OJ L 296, 25.10.2012, p. 1).
(5) Commission Regulation (EU) No 139/2014 of 12 February 2014 laying down requirements and administrative procedures related to aerodromes pursuant to Regulation (EC) No 216/2008 of the European Parliament and of the Council (OJ L 44, 14.2.2014, p. 1).
(6) Commission Regulation (EC) No 730/2006 of 11 May 2006 on airspace classification and access of flights operated under visual flight rules above flight level 195 (OJ L 128, 16.5.2006, p. 3).
(7) 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) (OJ L 96, 31.3.2004, p. 1).
ANNEX
The Annex of 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 SERA.1001 above, this annex addresses, in accordance with Article 1, in particular airspace users and aircraft:
This annex addresses also the actions of the Competent Authorities of the Member States, Air Navigation Service Providers (ANSP), aerodrome operators and the relevant ground personnel engaged in aircraft operations.’; |
(2) |
point SERA.3215(a) is amended as follows:
|
(3) |
in point SERA.4001(d), the introductory phrase is replaced by the following: ‘Unless a shorter period of time has been prescribed by the competent authority for domestic VFR flights, a flight plan for any flight planned to operate across international borders or to be provided with air traffic control service or air traffic advisory service shall be submitted at least 60 minutes before departure, or, if submitted during flight, at a time which will ensure its receipt by the appropriate ATS unit at least 10 minutes before the aircraft is estimated to reach:’; |
(4) |
in point SERA.5001, Table S5-1, the footnote (***) to the table, point (b) is replaced by the following:
|
(5) |
point SERA.5005 is amended as follows:
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(6) |
point SERA.5010 is replaced by the following: ‘Special VFR flights may be authorised to operate within a control zone, subject to an ATC clearance. Except when permitted by the competent authority for helicopters in special cases such as, but not limited to, police, medical, search and rescue operations and fire-fighting flights, the following additional conditions shall be applied:
|
(7) |
in point SERA.5015(c), the following point (3) is added:
|
(8) |
point SERA.6001 is replaced by the following: ‘SERA.6001 Classification of airspaces
|
(9) |
the following point SERA.7002 is inserted: ‘SERA.7002 Collision hazard information when ATS based on surveillance are provided
|
(10) |
the following point SERA.8012 is inserted: ‘SERA.8012 Application of wake turbulence separation
|
(11) |
point SERA.8015 is amended as follows:
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(12) |
point SERA.8020(a)(3) is replaced by the following:
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(13) |
point SERA.8020(b)(3) is replaced by the following:
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(14) |
in point SERA.8025, the following points (2) and (3) are added:
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(15) |
point SERA.8035(b) is replaced by the following:
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(16) |
point SERA.9010 is amended as follows:
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(17) |
in point SERA.10001, the following points (b) and (c) are added:
|
(18) |
points SERA.11001 (a) and (b) and SERA.11005 (a) are deleted and SERA.11001 and SERA.11005 are replaced by the following: ‘SERA.11001 General
SERA.11005 Unlawful interference
|
(19) |
point SERA.11010 is amended as follows:
|
(20) |
the following points SERA.11012 and SERA.11013 are inserted: ‘SERA.11012 Minimum Fuel and Fuel Emergency
SERA.11013 Degraded aircraft performance
|
(21) |
the following point SERA.11014 is inserted: ‘SERA.11014 ACAS resolution advisory (RA)
(*4) Commission Regulation (EU) No 965/2012 of 5 October 2012 laying down technical requirements and administrative procedures related to air operations pursuant to Regulation (EC) No 216/2008 of the European Parliament and of the Council (OJ L 296, 25.10.2012, p. 1).’;" |
(22) |
in point SERA.11015(e), Table S11-3 is amended as follows:
|
(23) |
in point SERA.12005, the following point (c) is added:
|
(24) |
point SERA.12020(a)(2) is replaced by the following:
|
(25) |
the following Sections 13 and 14 are added: ‘SECTION 13 SSR Transponder SERA.13001 Operation of an SSR transponder
SERA.13005 SSR transponder Mode A code setting
SERA.13010 Pressure-altitude-derived information
SERA.13015 SSR transponder Mode S aircraft identification setting
SERA.13020 SSR transponder failure when the carriage of a functioning transponder is mandatory
SECTION 14 Voice communication procedures SERA.14001 General Standardised phraseology shall be used in all situations for which it has been specified. Only when standardised phraseology cannot serve an intended transmission, plain language shall be used. SERA.14005 Categories of messages
SERA.14010 Flight safety messages Flight safety messages shall comprise the following:
SERA.14015 Language to be used in air-ground communication
SERA.14020 Word spelling in radiotelephony When proper names, service abbreviations and words of which the spelling is doubtful are spelled out in radiotelephony, the alphabet in the Table S14-2 shall be used. Table S14-2 The radiotelephony spelling alphabet
SERA.14025 Principles governing the identification of ATS routes other than standard departure and arrival routes
SERA.14026 Significant points Normally the plain language name for significant points marked by the site of a radio navigation aid, or the unique five-letter pronounceable “name-code” for significant points not marked by the site of a radio navigation aid, shall be used to refer to the significant point in voice communications. If the plain language name for the site of a radio navigation aid is not used, it shall be replaced by the coded designator which, in voice communications, shall be spoken in accordance with the spelling alphabet. SERA.14030 Use of designators for standard instrument departure and arrival routes The plain language designator for standard instrument departure or arrival routes shall be used in voice communications. SERA.14035 Transmission of numbers in radiotelephony
SERA.14040 Pronunciation of numbers When the language used for communication is English, numbers shall be transmitted using the pronunciation shown in Table S14-3: Table S14-3
SERA.14045 Transmitting technique
SERA.14050 Radiotelephony call signs for aircraft
SERA.14055 Radiotelephony procedures
SERA.14060 Transfer of VHF communications
SERA.14065 Radiotelephony procedures for air-ground voice communication channel changeover
SERA.14070 Test procedures
SERA.14075 Exchange of communications
SERA.14080 Communications watch/Hours of service
SERA.14085 Use of blind transmission
SERA.14087 Use of relay communication technique
SERA.14090 Specific communication procedures
SERA.14095 Distress and urgency radiotelephony communication procedures
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(26) |
Appendix 1 is amended as follows:
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(27) |
in Appendix 2, point 5.1.3 is replaced by the following:
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(28) |
in Appendix 4, the table is amended as follows:
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(29) |
Appendix 5 is replaced by the following: ‘Appendix 5 Technical specifications related to aircraft observations and reports by voice communications A. REPORTING INSTRUCTIONS
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