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Regulation 1108/2009 - Extending EASA Remit to Airports, ATM and ANS

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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 published in the Official Journal of the European Union

Objective

To ensure further increase in safety levels in parallel with increasing traffic by applying a harmonised, holistic safety approach across the EU Member States and across all aviation sectors.

Purpose

This Regulation is the next step towards progressive extension of the tasks of the European Aviation Safety Agency (European Aviation Safety Agency (EASA)), with a view towards a ‘total system approach’, to aerodrome/airport safety and interoperability, air navigation services (ANS) and air traffic management (ATM). The Regulation is an important component of the second package of Single European Sky legislation that became popular under the heading Single European Sky II.

Summary

This Regulation introduces a number of amendments to the provisions of Regulation (EC) No 216/2008 on common rules in the field of civil aviation and establishing a European Aviation Safety Agency (EASA).

Scope

The scope of Regulation 216/2008 is extended to include: the design, maintenance and operation of aerodromes; the design, production and maintenance of aerodrome equipment; ATM/ANS; the design, production and maintenance of systems and constituents for ATM/ANS, as well as personnel and organisations involved in the above fields.

The Regulation does not apply to:

  • systems, constituents, personnel and organisations carrying out military, customs, police, search and rescue, fire-fighting, coastguard or similar activities or services;
  • aerodromes, controlled and operated by military;
  • ATM and air navigation services provided by military.

Two new annexes to Regulation 216/2008 have been added, specifying “Essential requirements for aerodromes (Annex Va) and “Essential requirements for ATM/ANS and air traffic controllers” (Annex Vb).

Essential Requirements for Aerodromes

The essential requirements for aerodromes cover:

  • physical characteristics, infrastructure and equipment;
  • operations and management;
  • aerodrome surroundings.

Aerodromes and aerodrome equipment as well as the operation of aerodromes shall comply with the essential requirements set out in the annex Va and, if applicable, Annex Vb. A certificate shall be required in respect of each aerodrome.

By 31 December 2013 the European Commission shall adopt implementing rules specifying non-essential, however important elements of the requirements of this Regulation related to airdromes, such as: conditions for issuing, maintaining, amending, suspending or revoking certificates for aerodromes and certificates for aerodrome equipment; conditions for operating an aerodrome in compliance with the essential requirements; responsibilities of the holders of certificates, etc.

Essential Requirements for ATM/ANS

The scope of the essential requirements for ATM/ANS provided at Annex Vb to the Regulation covers:

  • use of airspace;
  • services, including: aeronautical and meteorological information, ATS, CNS, ATFM, airspace management and airspace design;
  • systems and constituents;
  • qualification of air traffic controllers, including: theoretical knowledge, practical skills; language proficiency; training and examination and medical fitness;
  • service providers and training organisations.

Provision of ATM/ANS shall comply with the essential requirements set out in Annex Vb and, as far as practicable, Annex Va. ATM/ANS providers shall be required to hold a certificate. Certification of providers of flight information services is left at the discretion of EU Member States.

By 31 December 2012 the European Commission shall adopt implementing rules specifying non-essential, however important elements of the requirements of this Regulation related to ATM/ANS, such as: the conditions for the provision of ATM/ANS in compliance with the essential requirements; the conditions for issuing, maintaining, amending, suspending or revoking the certificates of ATM/ANS service providers; the responsibilities of the holders of certificates; the conditions and procedures for the oversight of service providers, etc.

The extension of European Aviation Safety Agency (EASA) competence with regard to ATM/ANS includes:

  • conduct of inspections and audits of the organisations it certifies;
  • issue and renewal of certificates of organisations located outside EU, responsible for providing services in the airspace over EU territory;
  • issue and renewal of certificates of organisations providing pan-European services;
  • the power to amend, suspend or revoke relevant certificate.

Essential Requirements for Air Traffic Controllers

Air traffic controllers as well as persons and organisations 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.

Air traffic controllers shall be required to hold a licence and a medical certificate appropriate to the service provided. The competency of air traffic controller training organisations, OJT instructors, aero medical examiners and aero medical centres in relation to the issuance of licences and medical certificates to controllers shall be recognised by the issuance of a certificate.

By 31 December 2012 the European Commission shall adopt implementing rules specifying non-essential, however important elements of the requirements of this Regulation related to air traffic controllers, such as:

  • the different ratings and endorsements for air traffic controllers’ licences;
  • the conditions for issuing, maintaining, amending, limiting, suspending or revoking licences, ratings and endorsements for licences, medical certificates and certificates;
  • the privileges and responsibilities of the holders of licences, ratings and endorsements;
  • the conditions for the conversion and common acceptance of air traffic controllers’ licences and medical certificates.

The extension of EASA competence with regard to air traffic controllers' certification includes:

  • conduct of investigations and audits of the organisations it certifies;
  • issue and renewal of certificates of air traffic controller training organisations located outside EU;
  • the power to amend, suspend or revoke relevant certificate.

Entry into Force

This Regulation entered into force on 14-th December 2009.

It repealed Directive 2006/23/EC on community air traffic controller licence. However, the provisions of the Directive continued to apply until Commission Regulation (EU) No 805/2011 laying down detailed rules for air traffic controllers’ licences and certain certificates, referred to above, came into force in September 2011.


Regulation (EC) No 1108/2009 amending Regulation (EC) No 216/2008 in the field of aerodromes, air traffic management and air navigation services (OJ, 24.11.2009)

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