Requirements for providers of air traffic management and air navigation services
Implementing Regulation (EU) 2017/373 — common requirements for providers of air traffic management/air navigation services and other air traffic management network functions and their oversight
Implementing Regulation (EU) 2020/469 amending Regulation (EU) 2017/373 as regards requirements for air traffic management/air navigation services, design of airspace structures and data quality
Implementing Regulation (EU) 2017/373, as amended by Implementing Regulation (EU) 2020/469, sets out common rules for:
providers of air traffic management and air navigation services (ATM/ANS) for general air traffic;
competent authorities, and bodies acting on their behalf, involved in certification, oversight and enforcement;
from 27 January 2022 onwards also in airspace structure design.
ATM/ANS provision and design of airspace structures
EU countries must ensure that ATM/ANS and airspace structure design comply with this regulation to facilitate general air traffic, while taking into account safety considerations, traffic requirements and environmental impact. In annexes to the regulation, detailed rules can be found.
In case of any additional rules to this regulation, EU countries must:
follow the standards and recommendations of the Chicago Convention on International Civil Aviation of 7th December 1944;
notify the European Aviation Safety Agency (EASA) within 2 months of them being adopted;
publish such rules through their national aeronautical information publications; and
ensure that providers do not engage in anti-competitive conduct or abuse a dominant market position.
Concerning the design of airspace structures, from 27 January 2022, EU countries must also ensure that:
any entity responsible for origination of aeronautical data and aeronautical information used as a source for aeronautical information products and services meets the requirements in Annex III;
such data and information are originated, processed and transmitted by trained, competent and authorised personnel;
activities and services of ATM/ANS providers, as well as the exchange of relevant data and information, are coordinated;
persons or organisations responsible for the design of airspace structures apply the requirements of Annex XI;
maintenance and periodic reviews of flight procedures are carried out for aerodromes and airspace under their authority.
From 27 January 2022, EU countries will also:
determine the need for air traffic services taking into account the types and density of air traffic, weather conditions and other factors defined in Annex IV;
ensure coordination between military units and air traffic service providers;
coordinate air operations potentially hazardous to civil aviation;
ensure that the VHF emergency frequency (121,500 MHz) is used only for genuine emergencies as specified in Annex IV;
designate competent authorities for certification, oversight and enforcement, with detailed powers set out in the regulation;
grant certification to service providers who comply with a detailed set of rules.
Annexes list detailed requirements for providers of air traffic management and air navigation services as follows (from 27 January 2022):
Annex I: Definitions of terms used in Annexes II to XIII
Annex II: Requirements for competent authorities — oversight of services and other ATM network functions
Annex III: Common requirements for service providers
Annex IV: Air Traffic Services
Annex V: Meteorological Services
Annex VI: Aeronautical Information Services
Annex VII: Data Services
Annex VIII: Communication, Navigation, or Surveillance Services
Annex IX: Air Traffic Flow Management
Annex X: Airspace Management
Annex XI: Flight procedure design services
Annex XII: Specific requirements for the Network Manager
Annex XIII: Requirements for service providers concerning personnel training and competence assessment.
Note: The original Annexes from Implementing Regulation (EU) 2017/373 have been amended by Implementing Regulation (EU) 2020/469. This Annex structure applies from 27 January 2022.
Implementing Regulation (EU) 2017/373 is an implementing act which repeals Regulation (EC) No 482/2008, Implementing Regulations (EU) No 1034/2011, (EU) No 1035/2011 and (EU) 2016/1377, as well as Regulation (EU) No 677/2011.
Application & Background
Implementing Regulation (EU) 2017/373 has applied since 2 January 2020.
Amending Implementing Regulation (EU) 2020/469 applies from 27 January 2022.
Regulation (EC) No 550/2004 (see summary) concerns the Single European Sky — EU rules on air navigation services
Regulation (EC) No 549/2004 (see summary) is a framework for creating the Single European Sky
Regulation (EU) 2018/1139 (see summary) establishing the European Aviation Safety Agency. This regulation repealed and replaced Regulation (EC) No 216/2008.
Single European Sky (European Commission).
Commission Implementing Regulation (EU) 2017/373 of 1 March 2017 laying down common requirements for providers of air traffic management/air navigation services and other air traffic management network functions and their oversight, repealing Regulation (EC) No 482/2008, Implementing Regulations (EU) No 1034/2011, (EU) No 1035/2011 and (EU) 2016/1377 and amending Regulation (EU) No 677/2011 (OJ L 62, 8.3.2017, pp. 1-126)
Commission Implementing Regulation (EU) 2020/469 of 14 February 2020 amending Regulation (EU) No 923/2012, Regulation (EU) No 139/2014 and Regulation (EU) 2017/373 as regards requirements for air traffic management/air navigation services, design of airspace structures and data quality, runway safety and repealing Regulation (EC) No 73/2010 (OJ L 104, 3.4.2020, pp. 1-243)
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 (OJ L 212, 22.8.2018, pp. 1-122)
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, pp. 1-9)
Successive amendments to Regulation (EC) No 549/2004 have been incorporated into the original text. This consolidated version is of documentary value only.
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) (OJ L 96, 31.3.2004, pp. 10-19)
New generation European air traffic management system (SESAR)
Regulation (EC) No 219/2007 setting up a Joint Undertaking to develop the EU’s air traffic management system (SESAR)
It sets up the SESAR (Single European Sky Air Traffic Management (ATM) Research) project.
SESAR aims to improve ATM performance by modernising and harmonising Europe’s ATM systems through the definition, development, validation and deployment of innovative technological and operational ATM solutions.
The SESAR Joint Undertaking (JU) is a public-private partnership in charge of the development phase of the SESAR project. It was founded in 2007 by the European Union and Eurocontrol, the European organisation for the safety of air navigation.
It is a Joint Undertaking in charge of the development phase of the SESAR project, the technological (research and development — R & D) component of the Single European Sky (SES), a package of EU measures designed to meet future capacity and air safety needs.
It is tasked to provide, in accordance with the ATM master plan, the EU with a high performance air traffic control infrastructure by 2035. This is to enable safer, more environmentally friendly and efficient air transport: i.e. more direct trips using less fuel and fewer delays.
It involves the European Commission, Eurocontrol, navigation service providers, air passenger organisations, airspace users, regulators, airport operators, airline, airport and air traffic navigation staff, scientists and equipment manufacturers (around 3 000 experts). The JU is a EU body created for this purpose under Article 187 of the Treaty on the Functioning of the European Union.
It has already delivered an ATM master plan (updated in 2012 and 2015) defining the content, the development and deployment plans for the next generation of ATM systems.
It manages the procedures for the award of grants to its members, in line with the rules for participation in the EU’s Horizon 2020 Framework Programme for R & D, following its extension in 2014.
SESAR JU’s achievements to date include:
the world’s first flight in 4 dimensions (3D + time) to enhance end-to-end trajectory information exchange;
an extensive toolkit to increase safety on airport runways and
free routing to reduce flight and fuel emissions.
From 2014 on, SESAR JU’s Research and Innovation (R & I) programme’s focus is on areas such as:
optimised ATM network service;
advanced air traffic services;
high-performing airport operations;
advanced, integrated and rationalised aviation infrastructure.
The EU’s contribution for the SESAR development phase is €700 million under TEN-T and FP7 programmes, complemented by €585 million under the Horizon 2020 programme. In order to take into account the duration of Horizon 2020, all SESAR’s calls for proposals must be launched by 31 December 2020.
Application & Background
It entered into force on 3 March 2007.
Council Regulation (EC) No 219/2007 created the SESAR JU. The regulation has been amended twice, in 2008 (Regulation (EC) No 1361/2008) and again in 2014 (Regulation (EU) No 721/2014), when the duration of the SESAR JU was extended until 2024.
Council Regulation (EC) No 219/2007 of 27 February 2007 on the establishment of a Joint Undertaking to develop the new generation European air traffic management system (SESAR) (OJ L 64, 2.3.2007, pp. 1–11)
Successive amendments to Regulation (EC) No 219/2007 have been incorporated in the basic text. This consolidated version is for reference purposes only.
Air traffic flow management
Regulation (EU) No 255/2010 – common rules on air traffic flow management
It aims to lay down measures regarding air traffic flow management (ATFM) to optimise available capacity in the use of airspace and enhance ATFM processes.
The uniform application of specific rules and procedures within the airspace of the single European sky is critical to achieve the optimum use of available air traffic control capacity, through the efficient management and operation of the ATFM function.
The regulation applies:
within the airspace of the single European sky as laid out in Regulation (EC) No 551/2004 on air traffic management and affects
all flights intended to operate or operating as general air traffic and in accordance with the instrument flight rules*
air traffic management;
to the following parties involved in ATFM processes
air traffic service units
aeronautical information services
entities involved in airspace management
airport managing bodies
central unit for ATFM
local ATFM units
slot coordinators of coordinated airports*.
The planning, coordination and execution of the ATFM measures undertaken by the above list of parties must be in accordance with the provisions laid out by the International Civil Aviation Organisation (ICAO).
EU countries must ensure that:
the ATFM function is constantly available to the above list of parties involved in the ATFM processes;
the definition and implementation of ATFM measures complies with national security and defence requirements of individual EU countries.
General obligations of air traffic services (ATS) units
ATS units must coordinate – through the local ATFM unit – with the central unit for ATFM when applying an ATFM measure, to ensure that the selected measure will optimise the overall performance of the European Air Traffic Management network (EATMN)*.
ATS units must inform the central unit for ATFM of all events that may affect air traffic control capacity or air traffic demand.
ATS units must also provide the central unit for ATFM with various information and subsequent updates, including among other things:
availability of airspace and route structures;
air traffic control sector and airport capacities;
deviations from flight plans;
The full list of data must be made available to the above list of parties involved in ATFM processes and provided free of charge to, and by, the central unit for ATFM.
General obligations of operators
Any relevant ATFM measures and changes to filed flight plans must be included in the planned flight operation and the pilot must be notified. When a flight plan is suspended because the ATFM departure slot cannot be met, the operator concerned must arrange for updating or cancelling the flight plan.
Consistency between flight plans and airport slots
EU countries must ensure that, on request by an airport slot coordinator or managing body of a coordinated airport, the central unit for ATFM or the local ATFM unit provides them with the agreed flight plan of a flight operating at that airport, before the flight.
EU countries must ensure the creation and publication of ATFM procedures for the management of critical events to minimise disruption to the EATMN.
To prepare for critical events, ATS units and airport managing bodies will coordinate the contingency procedures with the operators affected by such events.
Monitoring of ATFM compliance
EU countries must ensure that airports adhere to ATFM departure slots. Where the adherence is 80% or less during a year, the ATS units at the airport concerned must detail the actions taken to ensure future adherence.
The ATS unit at an airport is also responsible for providing the appropriate information on any failure to adhere to flight plan rejections or suspensions at that airport and to detail the actions taken to ensure future compliance.
Application & Background
It has applied since 26 September 2011.
Single European Sky (European Commission).
Instrument flight rules: rules which allow properly equipped aircraft to be flown under instrument meteorological conditions (detailed in ICAO Annex 2: Rules of the Air, Chapter 5: Instrument Flight Rules).
Coordinated airport: an airport with a high level of congestion where demand exceeds capacity during the relevant period and where, in order to land or take off, it is necessary for an air carrier to have a slot allocated by a coordinator.
European Air Traffic Management network: the collection of systems enabling air navigation services in the EU to be provided, including the interfaces at the EU’s external boundaries.
Commission Regulation (EU) No 255/2010 of 25 March 2010 laying down common rules on air traffic flow management (OJ L 80, 26.3.2010, pp. 10-16)
Successive amendments to Regulation (EU) No 255/2010 have been incorporated into the original text. This consolidated version is of documentary value only.
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) (OJ L 96, 31.3.2004, pp. 20-25)