Implementing regulation 2012/923 - Common rules of the air and operational provisions regarding services and procedures in air navigation - Main contents

EN

Official Journal of the European Union

L 281/1

Pursuant to Regulation (EC) No 551/2004 and Regulation (EC) No 216/2008, the Commission is required to adopt implementing rules in order to adopt appropriate provisions on rules of the air based upon Standards and recommended practices of the International Civil Aviation Organisation (ICAO), and to harmonise the application of the ICAO airspace classification, with the aim to ensure the seamless provision of safe and efficient air traffic services within the single European sky.

Eurocontrol has been mandated in accordance with Article 8(1) of Regulation (EC) No 549/2004 of the European Parliament and the Council of 10 March 2004 laying down the framework for the creation of the single European sky (3) to assist the Commission in the development of implementing rules which lay down appropriate provisions on rules of the air based upon ICAO Standards and recommended practices, and harmonise the application of the ICAO airspace classification.

In accordance with Articles 1(3) and 13 of Regulation (EC) No 549/2004 and Article 2 of Regulation (EC) No 216/2008, the single European sky initiative should assist the Member States in fulfilling their obligations under the 1944 Chicago Convention on International Civil Aviation (hereafter the Chicago Convention) by providing for common interpretation and implementation.

The objective of Regulation (EC) No 551/2004 is to support the concept of a more integrated operating airspace within the context of the common transport policy, and to establish common procedures for design, planning and management while ensuring the efficient and safe performance of air traffic management. This objective is particularly relevant for the rapid implementation of functional airspace blocks in the single European sky.

The outcome of the work undertaken by the joint group created by the Commission, Eurocontrol and ICAO, which charted the national differences filed by Member States relating to ICAO Standards dealing with rules of the air and related provisions for air navigation services, supports the need for standardisation of common rules and differences with respect to the single European sky.

In order to ensure safe, efficient and expeditious international air traffic and to support the establishment of functional airspace blocks, all participants in the single European sky should adhere to a common set of rules. Furthermore, a key enabler of safe cross-border operations is the creation of a transparent regulatory system, where the actors can be provided a legal certainty and predictability. To this end, standardised rules of the air and related operational provisions regarding services and procedures in air navigation should be established, and be supplemented, where appropriate, with guidance material and/or acceptable means of compliance.

To achieve those objectives, only commonly agreed European differences should be notified to ICAO by the Member States on areas which are covered by Union law. Those differences should be established and monitored through a permanent process.

Member States that have adopted additional provisions complementing an ICAO standard, should, if they are still considered necessary and provided such additional provisions do not constitute a difference under the Chicago Convention or against existing Union law, continue to apply such provisions until they are addressed by appropriate Union provisions.

The application of this Regulation should be without prejudice to the Member States’ obligations and rights over the high seas, in accordance with Article 12 of the Chicago Convention, and in particular with Annex 2 to the Chicago Convention, as well as the obligations of Member States and the Union under the United Nations Convention on the Law of the Sea and the obligations of Member States under the Convention on the International Regulations for Preventing Collisions at Sea, 1972.

In accordance with Article 1(2) of the framework Regulation (EC) No 549/2004, the regulatory framework for the creation of the single European sky does not cover military operations and training.

The existing process for amending ICAO Standards and recommended practices within the framework of the Chicago Convention is not addressed by this Regulation.

The extension of the competence of EASA to include air traffic management safety requires consistency between the development of implementing rules under Regulations (EC) No 551/2004 and (EC) No 216/2008.

In order to ensure consistency between the transposition of provisions of Annex 2 to the Chicago Convention set out in this Regulation and the future provisions stemming from other annexes to the Chicago Convention, which will be included in the next stages of work as well as the implementation of future Union rules, the initial provisions should be revisited where necessary.

Where necessary, other Union legislation should be updated to refer to this Regulation,

operating into, within or out of the Union;

bearing the nationality and registration marks of a Member State of the Union, and operating in any airspace to the extent that they do not conflict with the rules published by the country having jurisdiction over the territory overflown.

‘accuracy’ means a degree of conformance between the estimated or measured value and the true value;

‘ADS-C agreement’ means a reporting plan which establishes the conditions of ADS-C data reporting (i.e. data required by the air traffic services unit and frequency of ADS-C reports which have to be agreed to prior to using ADS-C in the provision of air traffic services);

‘advisory airspace’ means an airspace of defined dimensions, or designated route, within which air traffic advisory service is available;

‘advisory route’ means a designated route along which air traffic advisory service is available;

‘aerobatic flight’ means manoeuvres intentionally performed by an aircraft involving an abrupt change in its attitude, an abnormal attitude, or an abnormal variation in speed, not necessary for normal flight or for instruction for licenses or ratings other than aerobatic rating;

‘aerodrome’ means a defined area (including any buildings, installations and equipment) on land or water or on a fixed, fixed off-shore or floating structure intended to be used either wholly or in part for the arrival, departure and surface movement of aircraft;

‘aerodrome control service’ means air traffic control service for aerodrome traffic;

‘aerodrome control tower’ means a unit established to provide air traffic control service to aerodrome traffic;

‘aerodrome traffic’ means all traffic on the manoeuvring area of an aerodrome and all aircraft flying in the vicinity of an aerodrome. An aircraft operating in the vicinity of an aerodrome includes but is not limited to aircraft entering or leaving an aerodrome traffic circuit;

‘aerodrome traffic circuit’ means the specified path to be flown by aircraft operating in the vicinity of an aerodrome;

‘aerodrome traffic zone’ means an airspace of defined dimensions established around an aerodrome for the protection of aerodrome traffic;

‘aerial work’ means an aircraft operation in which an aircraft is used for specialised services such as agriculture, construction, photography, surveying, observation and patrol, search and rescue, aerial advertisement, etc.;

‘Aeronautical Information Publication (AIP)’ means a publication issued by or with the authority of a State and containing aeronautical information of a lasting character essential to air navigation;

‘aeronautical mobile service’ means a mobile service between aeronautical stations and aircraft stations, or between aircraft stations, in which survival craft stations may participate; emergency position-indicating radio beacon stations may also participate in this service on designated distress and emergency frequencies;

‘aeronautical station’ means a land station in the aeronautical mobile service. In certain instances, an aeronautical station may be located, for example, on board ship or on a platform at sea;

‘aeroplane’ means a power-driven heavier-than-air aircraft, deriving its lift in flight chiefly from aerodynamic reactions on surfaces which remain fixed under given conditions of flight;

‘airborne collision avoidance system (ACAS)’ means an aircraft system based on secondary surveillance radar (SSR) transponder signals which operates independently of ground-based equipment to provide advice to the pilot on potential conflicting aircraft that are equipped with SSR transponders;

‘aircraft’ means any machine that can derive support in the atmosphere from the reactions of the air other than the reactions of the air against the earth’s surface;

‘aircraft address’ means a unique combination of 24 bits available for assignment to an aircraft for the purpose of air-ground communications, navigation and surveillance;

‘aircraft observation’ means the evaluation of one or more meteorological elements made from an aircraft in flight;

‘AIRMET information’ means information issued by a meteorological watch office concerning the occurrence or expected occurrence of specified en-route weather phenomena which may affect the safety of low-level aircraft operations and which was not already included in the forecast issued for low-level flights in the flight information region concerned or sub-area thereof;

‘air-ground communication’ means two-way communication between aircraft and stations or locations on the surface of the earth;

‘air-ground control radio station’ means an aeronautical telecommunication station having primary responsibility for handling communications pertaining to the operation and control of aircraft in a given area;

‘air-report’ means a report from an aircraft in flight prepared in conformity with requirements for position, and operational and/or meteorological reporting;

‘air-taxiing’ means movement of a helicopter/VTOL above the surface of an aerodrome, normally in ground effect and at a ground speed normally less than 37 km/h (20 kts);

‘air traffic’ means all aircraft in flight or operating on the manoeuvring area of an aerodrome;

‘air traffic advisory service’ means a service provided within advisory airspace to ensure separation, in so far as practical, between aircraft which are operating on IFR flight plans;

‘air traffic control clearance’ means authorisation for an aircraft to proceed under conditions specified by an air traffic control unit;

‘air traffic control instruction’ means directives issued by air traffic control for the purpose of requiring a pilot to take a specific action;

‘air traffic control service’ means a service provided for the purpose of:

‘air traffic control unit’ means a generic term meaning variously, area control centre, approach control unit or aerodrome control tower;

‘air traffic service (ATS)’ means a generic term meaning variously, flight information service, alerting service, air traffic advisory service, air traffic control service (area control service, approach control service or aerodrome control service);

‘air traffic services airspaces’ mean airspaces of defined dimensions, alphabetically designated, within which specific types of flights may operate and for which air traffic services and rules of operation are specified;

‘air traffic services reporting office’ means a unit established for the purpose of receiving reports concerning air traffic services and flight plans submitted before departure;

‘air traffic services unit’ means a generic term meaning variously, air traffic control unit, flight information centre, aerodrome flight information service unit or air traffic services reporting office;

‘airway’ means a control area or portion thereof established in the form of a corridor;

‘alerting service’ means a service provided to notify appropriate organisations regarding aircraft in need of search and rescue aid, and assist such organisations as required;

‘alternate aerodrome’ means an aerodrome to which an aircraft may proceed when it becomes either impossible or inadvisable to proceed to or to land at the aerodrome of intended landing. Alternate aerodromes include the following:

‘altitude’ means the vertical distance of a level, a point or an object considered as a point, measured from mean sea level (MSL);

‘approach control service’ means air traffic control service for arriving or departing controlled flights;

‘approach control unit’ means a unit established to provide air traffic control service to controlled flights arriving at, or departing from, one or more aerodromes;

‘apron’ means a defined area, intended to accommodate aircraft for purposes of loading or unloading passengers, mail or cargo, fuelling, parking or maintenance;

‘area control centre (ACC)’ means a unit established to provide air traffic control service to controlled flights in control areas under its jurisdiction;

‘area control service’ means air traffic control service for controlled flights in control areas;

‘area navigation (RNAV)’ means a method of navigation which permits aircraft operation on any desired flight path within the coverage of ground- or space-based navigation aids or within the limits of the capability of self-contained aids, or a combination of these;

‘ATS route’ means a specified route designed for channelling the flow of traffic as necessary for the provision of air traffic services;

‘automatic dependent surveillance — broadcast (ADS-B)’ means a means by which aircraft, aerodrome vehicles and other objects can automatically transmit and/or receive data such as identification, position and additional data, as appropriate, in a broadcast mode via a data link;

‘automatic dependent surveillance — contract (ADS-C)’ means a means by which the terms of an ADS-C agreement will be exchanged between the ground system and the aircraft, via a data link, specifying under what conditions ADS-C reports would be initiated, and what data would be contained in the reports;

‘automatic terminal information service (ATIS)’ means the automatic provision of current, routine information to arriving and departing aircraft throughout 24 hours or a specified portion thereof:

‘ceiling’ means the height above the ground or water of the base of the lowest layer of cloud below 6 000 m (20 000 ft) covering more than half the sky;

‘change-over point’ means the point at which an aircraft navigating on an ATS route segment defined by reference to very high frequency omnidirectional radio ranges is expected to transfer its primary navigational reference from the facility behind the aircraft to the next facility ahead of the aircraft;

‘clearance limit’ means the point to which an aircraft is granted an air traffic control clearance;

‘cloud of operational significance’ means a cloud with the height of cloud base below 1 500 m (5 000 ft) or below the highest minimum sector altitude, whichever is greater, or a cumulonimbus cloud or a towering cumulus cloud at any height;

‘code (SSR)’ means the number assigned to a particular multiple pulse reply signal transmitted by a transponder in Mode A or Mode C;

‘competent authority’ means the authority designated by the Member State as competent to ensure compliance with the requirements of this Regulation;

‘control area’ means a controlled airspace extending upwards from a specified limit above the earth;

‘controlled aerodrome’ means an aerodrome at which air traffic control service is provided to aerodrome traffic regardless whether or not a control zone exists;

‘controlled airspace’ means an airspace of defined dimensions within which air traffic control service is provided in accordance with the airspace classification;

‘controlled flight’ means any flight which is subject to an air traffic control clearance;

‘controller-pilot data link communications (CPDLC)’ mean a means of communication between controller and pilot, using data link for ATC communications;

‘control zone’ means a controlled airspace extending upwards from the surface of the earth to a specified upper limit;

‘cruise climb’ means an aeroplane cruising technique resulting in a net increase in altitude as the aeroplane mass decreases;

‘cruising level’ means a level maintained during a significant portion of a flight;

‘current flight plan (CPL)’ means the flight plan, including changes, if any, brought about by subsequent clearances;

‘danger area’ means an airspace of defined dimensions within which activities dangerous to the flight of aircraft may exist at specified times;

‘data link communications’ mean a form of communication intended for the exchange of messages via a data link;

‘datum’ means any quantity or set of quantities that may serve as a reference or basis for the calculation of other quantities;

‘downstream clearance’ means a clearance issued to an aircraft by an air traffic control unit that is not the current controlling authority of that aircraft;

‘estimated elapsed time’ means the estimated time required to proceed from one significant point to another;

‘estimated off-block time’ means the estimated time at which the aircraft will commence movement associated with departure;

‘estimated time of arrival’ means for IFR flights, the time at which it is estimated that the aircraft will arrive over that designated point, defined by reference to navigation aids, from which it is intended that an instrument approach procedure will be commenced, or, if no navigation aid is associated with the aerodrome, the time at which the aircraft will arrive over the aerodrome. For VFR flights, the time at which it is estimated that the aircraft will arrive over the aerodrome;

‘expected approach time’ means the time at which ATC expects that an arriving aircraft, following a delay, will leave the holding fix to complete its approach for a landing. The actual time of leaving the holding fix will depend upon the approach clearance;

‘filed flight plan (FPL)’ means the flight plan as filed with an ATS unit by the pilot or a designated representative, without any subsequent changes;

‘flight crew member’ means a licensed crew member charged with duties essential to the operation of an aircraft during a flight duty period;

‘flight information centre’ means a unit established to provide flight information service and alerting service;

‘flight information region’ means an airspace of defined dimensions within which flight information service and alerting service are provided;

‘flight information service’ means a service provided for the purpose of giving advice and information useful for the safe and efficient conduct of flights;

‘flight level (FL)’ means a surface of constant atmospheric pressure which is related to a specific pressure datum, 1 013,2 hectopascals (hPa), and is separated from other such surfaces by specific pressure intervals;

‘flight plan’ means specified information provided to air traffic services units, relative to an intended flight or portion of a flight of an aircraft;

‘flight visibility’ means the visibility forward from the cockpit of an aircraft in flight;

‘forecast’ means a statement of expected meteorological conditions for a specified time or period, and for a specified area or portion of airspace;

‘ground visibility’ means the visibility at an aerodrome, as reported by an accredited observer or by automatic systems;

‘heading’ means the direction in which the longitudinal axis of an aircraft is pointed, usually expressed in degrees from North (true, magnetic, compass or grid);

‘height’ means the vertical distance of a level, a point or an object considered as a point, measured from a specified datum;

‘helicopter’ means a heavier-than-air aircraft supported in flight chiefly by the reactions of the air on one or more powerdriven rotors on substantially vertical axes;

‘high seas airspace’ means airspace beyond land territory and territorial seas, as specified in the United Nations Convention on the Law of the Sea (Montego Bay, 1982);

‘IFR’ means the symbol used to designate the instrument flight rules;

‘IFR flight’ means a flight conducted in accordance with the instrument flight rules;

‘IMC’ means the symbol used to designate instrument meteorological conditions;

‘instrument approach procedure (IAP)’ means a series of predetermined manoeuvres by reference to flight instruments with specified protection from obstacles from the initial approach fix, or where applicable, from the beginning of a defined arrival route to a point from which a landing can be completed and thereafter, if a landing is not completed, to a position at which holding or en-route obstacle clearance criteria apply. Instrument approach procedures are classified as follows:

‘instrument meteorological conditions (IMC)’ mean meteorological conditions expressed in terms of visibility, distance from cloud, and ceiling, less than the minima specified for visual meteorological conditions;

‘landing area’ means that part of a movement area intended for the landing or take-off of aircraft;

‘level’ means a generic term relating to the vertical position of an aircraft in flight and meaning variously, height, altitude or flight level;

‘manoeuvring area’ means that part of an aerodrome to be used for the take-off, landing and taxiing of aircraft, excluding aprons;

‘mode (SSR)’ means the conventional identifier related to specific functions of the interrogation signals transmitted by an SSR interrogator. There are four modes specified in ICAO Annex 10: A, C, S and intermode;

‘movement area’ means that part of an aerodrome to be used for the take-off, landing and taxiing of aircraft, consisting of the manoeuvring area and the apron(s);

‘night’ means the hours between the end of evening civil twilight and the beginning of morning civil twilight. Civil twilight ends in the evening when the centre of the sun’s disc is 6 degrees below the horizon and begins in the morning when the centre of the sun’s disc is 6 degrees below the horizon;

‘obstacle’ means all fixed (whether temporary or permanent) and mobile objects, or parts thereof, that:

‘operating site’ means a site selected by the operator or pilot-in-command for landing, take-off and/or hoist operations;

‘pilot-in-command’ means the pilot designated by the operator, or in the case of general aviation, the owner, as being in command and charged with the safe conduct of a flight;

‘pressure-altitude’ means an atmospheric pressure expressed in terms of altitude which corresponds to that pressure in the Standard Atmosphere, as defined in Annex 8, Part 1 to the Chicago Convention;

‘problematic use of substances’ means the use of one or more psychoactive substances by aviation personnel in a way that:

‘prohibited area’ means an airspace of defined dimensions, above the land areas or territorial waters of a State, within which the flight of aircraft is prohibited;

‘psychoactive substances’ mean alcohol, opioids, cannabinoids, sedatives and hypnotics, cocaine, other psychostimulants, hallucinogens, and volatile solvents, whereas coffee and tobacco are excluded;

‘radar’ means a radio detection device which provides information on range, azimuth and/or elevation of objects;

‘radio mandatory zone (RMZ)’ means an airspace of defined dimensions wherein the carriage and operation of radio equipment is mandatory;

‘radio navigation service’ means a service providing guidance information or position data for the efficient and safe operation of aircraft supported by one or more radio navigation aids;

‘radiotelephony’ means a form of radiocommunication primarily intended for the exchange of information in the form of speech;

‘repetitive flight plan’ means a flight plan related to a series of frequently recurring, regularly operated individual flights with identical basic features, submitted by an operator for retention and repetitive use by ATS units;

‘reporting point’ means a specified geographical location in relation to which the position of an aircraft can be reported;

‘restricted area’ means an airspace of defined dimensions, above the land areas or territorial waters of a State, within which the flight of aircraft is restricted in accordance with certain specified conditions;

‘route segment’ means a route or portion of route usually flown without an intermediate stop;

‘runway’ means a defined rectangular area on a land aerodrome prepared for the landing and take-off of aircraft;

‘runway-holding position’ means a designated position intended to protect a runway, an obstacle limitation surface, or an ILS/MLS critical/sensitive area at which taxiing aircraft and vehicles shall stop and hold, unless otherwise authorised by the aerodrome control tower;

‘runway visual range (RVR)’ means the range over which the pilot of an aircraft on the centre line of a runway can see the runway surface markings or the lights delineating the runway or identifying its centre line;

‘safety-sensitive personnel’ mean persons who might endanger aviation safety if they perform their duties and functions improperly including, but not limited to, crew members, aircraft maintenance personnel and air traffic controllers;

‘sailplane’ means a heavier-than-air aircraft which is supported in flight by the dynamic reaction of the air against its fixed lifting surfaces, the free flight of which does not depend on an engine, including also hang gliders, paragliders and other comparable craft;

‘secondary surveillance radar (SSR)’ means a surveillance radar system which uses transmitters/receivers (interrogators) and transponders;

‘SIGMET information’ means information issued by a meteorological watch office concerning the occurrence or expected occurrence of specified en-route weather phenomena which may affect the safety of aircraft operations;

‘signal area’ means an area on an aerodrome used for the display of ground signals;

‘significant point’ means a specified geographical location used in defining an ATS route or the flight path of an aircraft and for other navigation and ATS purposes;

‘special VFR flight’ means a VFR flight cleared by air traffic control to operate within a control zone in meteorological conditions below VMC;

‘strayed aircraft’ means an aircraft which has deviated significantly from its intended track or which reports that it is lost;

‘surveillance radar’ means radar equipment used to determine the position of an aircraft in range and azimuth;

‘taxiing’ means movement of an aircraft on the surface of an aerodrome or an operating site under its own power, excluding take-off and landing;

‘taxiway’ means a defined path on a land aerodrome established for the taxiing of aircraft and intended to provide a link between one part of the aerodrome and another, including:

‘territory’ means the land areas and territorial waters adjacent thereto under the sovereignty, suzerainty, protection or mandate of a State;

‘threshold’ means the beginning of that portion of the runway usable for landing;

‘total estimated elapsed time’ means:

‘track’ means the projection on the earth’s surface of the path of an aircraft, the direction of which path at any point is usually expressed in degrees from North (true, magnetic or grid);

‘traffic avoidance advice’ means an advice provided by an air traffic services unit specifying manoeuvres to assist a pilot to avoid a collision;

‘traffic information’ means information issued by an air traffic services unit to alert a pilot to other known or observed air traffic which may be in proximity to the position or intended route of flight and to help the pilot avoid a collision;

‘transfer of control point’ means a defined point located along the flight path of an aircraft, at which the responsibility for providing air traffic control service to the aircraft is transferred from one control unit or control position to the next;

‘transition altitude’ means the altitude at or below which the vertical position of an aircraft is controlled by reference to altitudes;

‘transition level’ means the lowest flight level available for use above the transition altitude;

‘transponder mandatory zone (TMZ)’ means an airspace of defined dimensions wherein the carriage and operation of pressure-altitude reporting transponders is mandatory;

‘unidentified aircraft’ means an aircraft which has been observed or reported to be operating in a given area but whose identity has not been established;

‘unmanned free balloon’ means a non-power-driven, unmanned, lighter-than-air aircraft in free flight;

‘VFR’ means the symbol used to designate the visual flight rules;

‘VFR flight’ means a flight conducted in accordance with the visual flight rules;

‘visibility’ means visibility for aeronautical purposes which is the greater of:

‘visual meteorological conditions’ mean meteorological conditions expressed in terms of visibility, distance from cloud, and ceiling, equal to or better than specified minima;

‘VMC’ means the symbol used to designate visual meteorological conditions.

police and customs missions;

traffic surveillance and pursuit missions;

environmental control missions conducted by, or on behalf of public authorities;

search and rescue;

medical flights;

evacuations;

fire fighting;

exemptions required to ensure the security of flights by heads of State, Ministers and comparable State functionaries.

formally notify ICAO that all previously notified differences with respect to ICAO Standards and recommended practices that are covered by this Regulation are withdrawn, with the exception of those relating to essential security and defence policy interests of the Member States in accordance with Article 13 of Regulation (EC) No 549/2004;

notify ICAO of the commonly agreed differences contained in the supplement to the Annex to this Regulation.

to ensure that any amendments adopted under the framework of the Chicago Convention which are of relevance with respect to the scope of this Regulation are monitored and analysed; and

where necessary, to develop proposals for amendments to the Annex to this Regulation.

Article 2(3) and (4) shall be replaced by the following:

Article 2(2), point 8, shall be replaced by the following:

Article 3(1) shall be replaced by the following:

‘1.   The provisions specified in the Annex shall apply to the submission, acceptance and distribution of flight plans for every flight subject to this Regulation and to all changes to a key item in a flight plan in the pre-flight phase in accordance with this Regulation.’;

the heading and first indent of the Annex shall be replaced by the following:

‘Provisions referred to in Article 3(1)

Article 2(c) and (d) shall be replaced by the following:

Article 2(5) shall be replaced by the following:

Article 2(3) shall be replaced by the following:

the reference in Annex II, point 4(a), to ‘Annex 2 on rules of the air in its 10th edition of July 2005’ shall be replaced by a reference to ‘Implementing Regulation (EU) No 923/2012’;

the reference in Annex II, point 4(c), to ‘Annex 11 on air traffic services in its 13th edition of July 2001, including all amendments up to No 47-B’ shall be amended by adding at the end of that sentence ‘and Implementing Regulation (EU) No 923/2012 as applicable.’;

the reference in Annex III, point 2(b), to ‘Annex 11 on air traffic services in its 13th edition of July 2001, including all amendments up to No 47-B’ shall be amended by adding at the end of that sentence ‘and Implementing Regulation (EU) No 923/2012 as applicable;’

For flight over the high seas, the rules specified in Annex 2 to the Chicago Convention shall apply without exception. For the purposes of continuity and seamless operation of air traffic services in particular within Functional Airspace Blocks, the provisions of Annex 11 to the Chicago Convention may be applied in airspace over high seas in a manner that is consistent with how those provisions are applied over the territory of the member States. This shall be without prejudice to the operations of State Aircraft under Article 3 of the Chicago Convention. This shall also be without prejudice to the responsibilities of Member States to ensure that aircraft operations within the Flight Information Regions within which they are responsible for the provision of air traffic services in accordance with ICAO regional air navigation agreements are undertaken in a safe, expeditious and efficient manner.

For those parts of the high seas where a Member State has accepted, pursuant to an ICAO regional air navigation agreement, the responsibility of providing air traffic services, the Member State shall designate the ATS provider for providing those services.

operating into, within or out of the Union;

bearing the nationality and registration marks of a Member State of the Union, and operating in any airspace to the extent that they do not conflict with the rules published by the State having jurisdiction over the territory overflown.

the visual flight rules; or

the instrument flight rules.

flight levels, for flights at or above the lowest usable flight level or, where applicable, above the transition altitude;

altitudes, for flights below the lowest usable flight level or, where applicable, at or below the transition altitude.

Union legislation or, where applicable, national legislation for aircraft operations regulated by Member States; and

as indicated by any relevant information, advice and/or clearance from the appropriate air traffic services unit.

Union legislation or, where applicable, national legislation for aircraft operations regulated by Member States; and

as indicated by any relevant information, advice and/or clearance from the appropriate air traffic services unit.

Union legislation or, where applicable, national legislation for aircraft operations regulated by Member States; and

as indicated by any relevant information, advice and/or clearance from the appropriate air traffic services unit.

Union legislation or, where applicable, national legislation for aircraft operations regulated by Member States; and

as indicated by any relevant information, advice and/or clearance from the appropriate air traffic services unit.

one of the pilots-in-command shall be designated as the flight leader;

the formation operates as a single aircraft with regard to navigation and position reporting;

separation between aircraft in the flight shall be the responsibility of the flight leader and the pilots-in-command of the other aircraft in the flight and shall include periods of transition when aircraft are manoeuvring to attain their own separation within the formation and during join-up and breakaway; and

for State aircraft a maximum lateral, longitudinal and vertical distance between each aircraft and the flight leader in accordance with the Chicago Convention. For other than State aircraft a distance not exceeding 1 km (0,5 nm) laterally and longitudinally and 30 m (100 ft) vertically from the flight leader shall be maintained by each aircraft.

The aircraft that has the right-of-way shall maintain its heading and speed.

An aircraft that is aware that the manoeuvrability of another aircraft is impaired shall give way to that aircraft.

An aircraft that is obliged by the following rules to keep out of the way of another shall avoid passing over, under or in front of the other, unless it passes well clear and takes into account the effect of aircraft wake turbulence.

Surface movement of aircraft, persons and vehicles.

Except as provided by (e), at night all aircraft in flight shall display:

Except as provided by (e), at night:

Except as provided by (e), all aircraft in flight and fitted with anti-collision lights to meet the requirement of (a)(1) shall display such lights also during day.

Except as provided by (e), all aircraft:

A pilot shall be permitted to switch off or reduce the intensity of any flashing lights fitted to meet the requirements of (a), (b), (c) and (d) if they do or are likely to:

fully functioning dual controls are installed in the aircraft; and

an additional qualified pilot (in this rule called a safety pilot) occupies a control seat to act as safety pilot for the person who is flying under simulated instrument conditions. The safety pilot shall have adequate vision forward and to each side of the aircraft, or a competent observer in communication with the safety pilot shall occupy a position in the aircraft from which the observer’s field of vision adequately supplements that of the safety pilot.

observe other aerodrome traffic for the purpose of avoiding collision;

conform with or avoid the pattern of traffic formed by other aircraft in operation;

except for balloons, make all turns to the left, when approaching for a landing and after taking off, unless otherwise indicated, or instructed by ATC;

except for balloons, land and take off into the wind unless safety, the runway configuration, or air traffic considerations determine that a different direction is preferable.

When two aircraft or an aircraft and a vessel are approaching one another and there is a risk of collision, the aircraft shall proceed with careful regard to existing circumstances and conditions including the limitations of the respective craft.

Lights to be displayed by aircraft on the water. At night or during any other period prescribed by the competent authority, all aircraft on the water shall display lights as required by the Convention on the International Regulations for Preventing Collisions at Sea, 1972, unless it is impractical for them to do so, in which case they shall display lights as closely similar as possible in characteristics and position to those required by the International Regulations.

Upon observing or receiving any of the signals given in Appendix 1, aircraft shall take such action as may be required by the interpretation of the signal given in that Appendix.

The signals of Appendix 1 shall, when used, have the meaning indicated therein. They shall be used only for the purpose indicated and no other signals likely to be confused with them shall be used.

A signalman/marshaller shall be responsible for providing standard marshalling signals to aircraft in a clear and precise manner using the signals shown in Appendix 1.

Only persons trained, qualified and approved as required by the relevant Union or national legislation shall carry out the functions of a signalman/marshaller.

The signalman/marshaller shall wear a distinctive fluorescent identification vest to allow the flight crew to identify that he or she is the person responsible for the marshalling operation.

Daylight-fluorescent wands, table-tennis bats or gloves shall be used for all signalling by all participating ground staff during daylight hours. Illuminated wands shall be used at night or in low visibility.

Aerodrome control towers shall, prior to an aircraft taxiing for take-off, provide the pilot with the correct time, unless arrangements have been made for the pilot to obtain it from other sources. Air traffic services units shall, in addition, provide aircraft with the correct time on request. Time checks shall be given at least to the nearest minute.

Information relative to an intended flight or portion of a flight, to be provided to air traffic services units, shall be in the form of a flight plan. The term ‘flight plan’ is used to mean variously, full information on all items comprised in the flight plan description, covering the whole route of a flight, or limited information required, inter alia, when the purpose is to obtain a clearance for a minor portion of a flight such as to cross an airway, to take off from, or to land at a controlled aerodrome.

A flight plan shall be submitted prior to operating:

A flight plan shall be submitted, before departure, to an air traffic services reporting office or, during flight, transmitted to the appropriate air traffic services unit or air-ground control radio station, unless arrangements have been made for submission of repetitive flight plans.

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 sixty minutes before departure, or, if submitted during flight, at a time which will ensure its receipt by the appropriate air traffic services unit at least ten minutes before the aircraft is estimated to reach:

A flight plan shall comprise information regarding such of the following items as are considered relevant by the competent authority:

For flight plans submitted during flight, the departure aerodrome or operating site provided shall be the location from which supplementary information concerning the flight may be obtained, if required. Additionally, the information to be provided in lieu of the estimated off-block time shall be the time over the first point of the route to which the flight plan relates.

A flight plan shall contain information, as applicable, on relevant items up to and including ‘Alternate aerodrome(s) or operating site(s)’ regarding the whole route or the portion thereof for which the flight plan is submitted.

It shall, in addition, contain information, as applicable, on all other items when so prescribed by the competent authority or when otherwise deemed necessary by the person submitting the flight plan.

Subject to the provisions of SERA.8020 (b) all changes to a flight plan submitted for an IFR flight, or a VFR flight operated as a controlled flight, shall be reported as soon as practicable to the appropriate air traffic services unit. For other VFR flights, significant changes to a flight plan shall be reported as soon as practicable to the appropriate air traffic services unit.

Information submitted prior to departure regarding fuel endurance or total number of persons carried on board, if incorrect at time of departure, constitutes a significant change to the flight plan and as such shall be reported.

An arrival report shall be made in person, by radiotelephony, via data link or by other means as prescribed by the competent authority at the earliest possible moment after landing, to the appropriate air traffic services unit at the arrival aerodrome, by any flight for which a flight plan has been submitted covering the entire flight or the remaining portion of a flight to the destination aerodrome.

When a flight plan has been submitted only in respect of a portion of a flight, other than the remaining portion of a flight to destination, it shall, when required, be closed by an appropriate report to the relevant air traffic services unit.

When no air traffic services unit exists at the arrival aerodrome or operating site, the arrival report, when required, shall be made as soon as practicable after landing and by the quickest means available to the nearest air traffic services unit.

When communication facilities at the arrival aerodrome or operating site are known to be inadequate and alternate arrangements for the handling of arrival reports on the ground are not available, the following action shall be taken. Immediately prior to landing the aircraft shall, if practicable, transmit to the appropriate air traffic services unit, a message comparable to an arrival report, where such a report is required. Normally, this transmission shall be made to the aeronautical station serving the air traffic services unit in charge of the flight information region in which the aircraft is operated.

Arrival reports made by aircraft shall contain the following elements of information:

Except when operating as a special VFR flight, VFR flights shall be conducted so that the aircraft is flown in conditions of visibility and distance from clouds equal to or greater than those specified in Table S5-1.

Except when a special VFR clearance is obtained from an air traffic control unit, VFR flights shall not take off or land at an aerodrome within a control zone, or enter the aerodrome traffic zone or aerodrome traffic circuit when the reported meteorological conditions at that aerodrome are below the following minima:

When so prescribed by the competent authority, VFR flights at night may be permitted under the following conditions:

Unless authorised by the competent authority in accordance with Regulation (EC) No 730/2006, VFR flights shall not be operated:

Authorisation for VFR flights to operate above FL 285 shall not be granted where a vertical separation minimum of 300 m (1 000 ft) is applied above FL 290.

Except when necessary for take-off or landing, or except by permission from the competent authority, a VFR flight shall not be flown:

Except where otherwise indicated in air traffic control clearances or specified by the competent authority, VFR flights in level cruising flight when operated above 900 m (3 000 ft) from the ground or water, or a higher datum as specified by the competent authority, shall be conducted at a cruising level appropriate to the track as specified in the table of cruising levels in Appendix 3.

VFR flights shall comply with the provisions of Section 8:

A VFR flight operating within or into areas or along routes designated by the competent authority, in accordance with SERA.4001(b)(3) or (4), shall maintain continuous air-ground voice communication watch on the appropriate communication channel of, and report its position as necessary to, the air traffic services unit providing flight information service.

An aircraft operated in accordance with the visual flight rules which wishes to change to compliance with the instrument flight rules shall:

by the pilot:

by ATC:

over high terrain or in mountainous areas, at a level which is at least 600 m (2 000 ft) above the highest obstacle located within 8 km of the estimated position of the aircraft;

elsewhere than as specified in (1), at a level which is at least 300 m (1 000 ft) above the highest obstacle located within 8 km of the estimated position of the aircraft.

An aircraft electing to change the conduct of its flight from compliance with the instrument flight rules to compliance with the visual flight rules shall notify the appropriate air traffic services unit specifically that the IFR flight is cancelled and communicate thereto the changes to be made to its current flight plan.

When an aircraft operating under the instrument flight rules is flown in or encounters visual meteorological conditions it shall not cancel its IFR flight unless it is anticipated, and intended, that the flight will be continued for a reasonable period of time in uninterrupted visual meteorological conditions.

IFR flights shall comply with the provisions of Section 8 when operated in controlled airspace.

An IFR flight operating in cruising flight in controlled airspace shall be flown at a cruising level, or, if authorised by ATS unit to employ cruise climb techniques, between two levels or above a level, selected from the table of cruising levels in Appendix 3, except that the correlation of levels to track prescribed therein shall not apply whenever otherwise indicated in air traffic control clearances or specified by the competent authority in aeronautical information publications.

Class A. IFR flights only are permitted. All flights are provided with air traffic control service and are separated from each other. Continuous air-ground voice communications are required for all flights. All flights shall be subject to ATC clearance.

Class B. IFR and VFR flights are permitted. All flights are provided with air traffic control service and are separated from each other. Continuous air-ground voice communications are required for all flights. All flights shall be subject to ATC clearance.

Class C. IFR and VFR flights are permitted. All flights are provided with air traffic control service and IFR flights are separated from other IFR flights and from VFR flights. VFR flights are separated from IFR flights and receive traffic information in respect of other VFR flights and traffic avoidance advice on request. Continuous air-ground voice communications are required for all flights. For VFR flights a speed limitation of 250 kts indicated airspeed (IAS) applies below 3 050 m (10 000 ft) AMSL, except where approved by the competent authority for aircraft types, which for technical or safety reasons, cannot maintain this speed. All flights shall be subject to ATC clearance.

Class D. IFR and VFR flights are permitted and all flights are provided with air traffic control service. IFR flights are separated from other IFR flights, receive traffic information in respect of VFR flights and traffic avoidance advice on request. VFR flights receive traffic information in respect of all other flights and traffic avoidance advice on request. Continuous air-ground voice communications are required for all flights and a speed limitation of 250 kts IAS applies to all flights below 3 050 m (10 000 ft) AMSL, except where approved by the competent authority for aircraft types, which for technical or safety reasons, cannot maintain this speed. All flights shall be subject to ATC clearance.

Class E. IFR and VFR flights are permitted. IFR flights are provided with air traffic control service and are separated from other IFR flights. All flights receive traffic information, as far as is practical. Continuous air-ground voice communications are required for IFR flights. A speed limitation of 250 kts IAS applies to all flights below 3 050 m (10 000 ft) AMSL, except where approved by the competent authority for aircraft types, which for technical or safety reasons, cannot maintain this speed. All IFR flights shall be subject to ATC clearance. Class E shall not be used for control zones.

Class F. IFR and VFR flights are permitted. All participating IFR flights receive an air traffic advisory service and all flights receive flight information service if requested. Continuous air-ground voice communications are required for IFR flights participating in the advisory service and all IFR flights shall be capable of establishing air-ground voice communications. A speed limitation of 250 kts IAS applies to all flights below 3 050 m (10 000 ft) AMSL, except where approved by the competent authority for aircraft types, which for technical or safety reasons, cannot maintain this speed. ATC clearance is not required.

Class G. IFR and VFR flights are permitted and receive flight information service if requested. All IFR flights shall be capable of establishing air-ground voice communications. A speed limitation of 250 kts IAS applies to all flights below 3 050 m (10 000 ft) AMSL, except where approved by the competent authority for aircraft types, which for technical or safety reasons, cannot maintain this speed. ATC clearance is not required.

Implementation of Class F shall be considered as a temporary measure until such time as it can be replaced by alternative classification.

VFR flights operating in parts of Classes E, F or G airspace and IFR flights operating in parts of Classes F or G airspace designated as a radio mandatory zone (RMZ) by the competent authority shall maintain continuous air-ground voice communication watch and establish two-way communication, as necessary, on the appropriate communication channel, unless in compliance with alternative provisions prescribed for that particular airspace by the ANSP.

Before entering a radio mandatory zone, an initial call containing the designation of the station being called, call sign, type of aircraft, position, level, the intentions of the flight and other information as prescribed by the competent authority, shall be made by pilots on the appropriate communication channel.

All flights operating in airspace designated by the competent authority as a transponder mandatory zone (TMZ) shall carry and operate SSR transponders capable of operating on Modes A and C or on Mode S, unless in compliance with alternative provisions prescribed for that particular airspace by the ANSP.

prevent collisions between aircraft;

prevent collisions between aircraft on the manoeuvring area and obstructions on that area;

expedite and maintain an orderly flow of air traffic;

provide advice and information useful for the safe and efficient conduct of flights;

notify appropriate organisations regarding aircraft in need of search and rescue aid, and assist such organisations as required.

Air traffic services units, in carrying out their objectives, shall have due regard for the requirements of the aircraft operators consequent on their obligations as specified in the relevant Union legislation on Air Operations, and, if so required by the aircraft operators, shall make available to them or their designated representatives such information as may be available to enable them or their designated representatives to carry out their responsibilities.

When so requested by an aircraft operator, messages (including position reports) received by air traffic services units and relating to the operation of the aircraft for which operational control service is provided by that aircraft operator shall, so far as practicable, be made available immediately to the aircraft operator or a designated representative in accordance with locally agreed procedures.

to all IFR flights in airspace Classes A, B, C, D and E;

to all VFR flights in airspace Classes B, C and D;

to all special VFR flights;

to all aerodrome traffic at controlled aerodromes.

In order to provide air traffic control service, an air traffic control unit shall:

Clearances issued by air traffic control units shall provide separation:

except that, when requested by the pilot of an aircraft and agreed by the pilot of the other aircraft and if so prescribed by the competent authority for the cases listed under b) above in airspace Classes D and E, a flight may be cleared subject to maintaining own separation in respect of a specific portion of the flight below 3 050 m (10 000 ft) during climb or descent, during day in visual meteorological conditions.

Except for cases when a reduction in separation minima in the vicinity of aerodromes can be applied, separation by an air traffic control unit shall be obtained by at least one of the following:

The selection of separation minima for application within a given portion of airspace shall be made by the ANSP responsible for the provision of air traffic services and approved by the competent authority concerned.

For traffic that will pass from one into the other of neighbouring airspaces and for routes that are closer to the common boundary of the neighbouring airspaces than the separation minima applicable in the circumstances, the selection of separation minima shall be made in consultation between the ANSPs responsible for the provision of air traffic services in neighbouring airspace.

Details of the selected separation minima and of their areas of application shall be notified:

An air traffic control clearance shall be obtained prior to operating a controlled flight, or a portion of a flight as a controlled flight. Such clearance shall be requested through the submission of a flight plan to an air traffic control unit.

The pilot-in-command of an aircraft shall inform ATC if an air traffic control clearance is not satisfactory. In such cases, ATC will issue an amended clearance, if practicable.

Whenever an aircraft has requested a clearance involving priority, a report explaining the necessity for such priority shall be submitted, if requested by the appropriate air traffic control unit.

Potential reclearance in flight. If, prior to departure, it is anticipated that, depending on fuel endurance and subject to reclearance in flight, a decision may be taken to proceed to a revised destination aerodrome, the appropriate air traffic control units shall be so notified by the insertion in the flight plan of information concerning the revised route (where known) and the revised destination.

An aircraft operated on a controlled aerodrome shall not taxi on the manoeuvring area without clearance from the aerodrome control tower and shall comply with any instructions given by that unit.

The air traffic control clearance relating to the transonic acceleration phase of a supersonic flight shall extend at least to the end of that phase.

The air traffic control clearance relating to the deceleration and descent of an aircraft from supersonic cruise to subsonic flight shall seek to provide for uninterrupted descent at least during the transonic phase.

aircraft identification as shown in the flight plan;

clearance limit;

route of flight;

level(s) of flight for the entire route or part thereof and changes of levels if required;

any necessary instructions or information on other matters such as approach or departure manoeuvres, communications and the time of expiry of the clearance.

The flight crew shall read back to the air traffic controller safety-related parts of ATC clearances and instructions which are transmitted by voice. The following items shall always be read back:

Other clearances or instructions, including conditional clearances and taxi instructions, shall be read back or acknowledged in a manner to clearly indicate that they have been understood and will be complied with.

The controller shall listen to the read-back to ascertain that the clearance or instruction has been correctly acknowledged by the flight crew and shall take immediate action to correct any discrepancies revealed by the read-back.

Voice read-back of CPDLC messages shall not be required, unless otherwise specified by the ANSP.

An air traffic control clearance shall be coordinated between air traffic control units to cover the entire route of an aircraft or a specified portion thereof as described in provisions (2) to (6).

An aircraft shall be cleared for the entire route to the aerodrome of first intended landing:

When coordination as in (2) has not been achieved or is not anticipated, the aircraft shall be cleared only to that point where coordination is reasonably assured; prior to reaching such point, or at such point, the aircraft shall receive further clearance, holding instructions being issued as appropriate.

When prescribed by the ATS unit, aircraft shall contact a downstream air traffic control unit, for the purpose of receiving a downstream clearance prior to the transfer of control point.

When an aircraft intends to depart from an aerodrome within a control area to enter another control area within a period of thirty minutes, or such other specific period of time as has been agreed between the area control centres concerned, coordination with the subsequent area control centre shall be effected prior to issuance of the departure clearance.

When an aircraft intends to leave a control area for flight outside controlled airspace, and will subsequently re-enter the same or another control area, a clearance from the point of departure to the aerodrome of first intended landing may be issued. Such clearance or revisions thereto shall apply only to those portions of the flight conducted within controlled airspace.

Except as provided for in (b) and (d) an aircraft shall adhere to the current flight plan or the applicable portion of a current flight plan submitted for a controlled flight unless a request for a change has been made and clearance obtained from the appropriate air traffic control unit, or unless an emergency situation arises which necessitates immediate action by the aircraft, in which event as soon as circumstances permit, after such emergency authority is exercised, the appropriate air traffic services unit shall be notified of the action taken and that this action has been taken under emergency authority.

Inadvertent changes. In the event that a controlled flight inadvertently deviates from its current flight plan, the following action shall be taken:

Intended changes. Requests for flight plan changes shall include information as indicated hereunder:

Weather deterioration below the VMC. When it becomes evident that flight in VMC in accordance with its current flight plan will not be practicable, a VFR flight operated as a controlled flight shall:

Unless exempted by the competent authority or by the appropriate air traffic services unit under conditions specified by that authority, a controlled flight shall report to the appropriate air traffic services unit, as soon as possible, the time and level of passing each designated compulsory reporting point, together with any other required information. Position reports shall similarly be made in relation to additional points when requested by the appropriate air traffic services unit. In the absence of designated reporting points, position reports shall be made at intervals prescribed by the competent authority or specified by the appropriate air traffic services unit.

An aircraft operated as a controlled flight shall maintain continuous air-ground voice communication watch on the appropriate communication channel of, and establish two-way communication as necessary with, the appropriate air traffic control unit, except as may be prescribed by the relevant ANSP in respect of aircraft forming part of aerodrome traffic at a controlled aerodrome.

The Member States shall comply with the appropriate provisions on communication failures as have been adopted under the Chicago Convention. The Commission shall propose common European procedures by 31 December 2015 at latest, for implementation of the said ICAO provisions in Union law.

Flight information service shall be provided by the appropriate air traffic services units to all aircraft which are likely to be affected by the information and which are:

The reception of flight information service does not relieve the pilot-in-command of an aircraft of any responsibilities and the pilot-in-command shall make the final decision regarding any suggested alteration of flight plan.

Where air traffic services units provide both flight information service and air traffic control service, the provision of air traffic control service shall have precedence over the provision of flight information service whenever the provision of air traffic control service so requires.

Flight information service shall include the provision of pertinent:

and of any other information likely to affect safety.

Flight information service provided to flights shall include, in addition to that outlined in (a), the provision of information concerning:

Flight information service provided to VFR flights shall include, in addition to that outlined in (a), the provision of available information concerning traffic and weather conditions along the route of flight that are likely to make operation under the visual flight rules impracticable.

When requested by the pilot, the applicable ATIS message(s) shall be transmitted by the appropriate air traffic services unit.

Whenever Voice-ATIS and/or D-ATIS is provided:

Information contained in a current ATIS, the receipt of which has been acknowledged by the aircraft concerned, need not be included in a directed transmission to the aircraft, with the exception of the altimeter setting, which shall be provided in accordance with (2).

If an aircraft acknowledges receipt of an ATIS that is no longer current, any element of information that needs updating shall be transmitted to the aircraft without delay.

name of aerodrome;

arrival and/or departure indicator;

contract type, if communication is via D-ATIS;

designator;

time of observation, if appropriate;

type of approach(es) to be expected;

the runway(s) in use; status of arresting system constituting a potential hazard, if any;

significant runway surface conditions and, if appropriate, braking action;

holding delay, if appropriate;

transition level, if applicable;

other essential operational information;

surface wind direction and speed, including significant variations and, if surface wind sensors related specifically to the sections of runway(s) in use are available and the information is required by aircraft operators, the indication of the runway and the section of the runway to which the information refers;

visibility and, when applicable, RVR (4);

present weather (5);

cloud below 1 500 m (5 000 ft) or below the highest minimum sector altitude, whichever is greater; cumulonimbus; if the sky is obscured, vertical visibility when available (5);

air temperature;

dew point temperature;

altimeter setting(s);

any available information on significant meteorological phenomena in the approach and climb-out areas including wind shear, and information on recent weather of operational significance;

trend forecast, when available; and

specific ATIS instructions.

name of aerodrome;

arrival indicator;

contract type, if communication is via D-ATIS;

designator;

time of observation, if appropriate;

type of approach(es) to be expected;

main landing runway(s); status of arresting system constituting a potential hazard, if any;

significant runway surface conditions and, if appropriate, braking action;

holding delay, if appropriate;

transition level, if applicable;

other essential operational information;

surface wind direction and speed, including significant variations and, if surface wind sensors related specifically to the sections of runway(s) in use are available and the information is required by aircraft operators, the indication of the runway and the section of the runway to which the information refers;

visibility and, when applicable, RVR (5);

present weather (5);

cloud below 1 500 m (5 000 ft) or below the highest minimum sector altitude, whichever is greater; cumulonimbus; if the sky is obscured, vertical visibility when available (5);

air temperature;

dew point temperature;

altimeter setting(s);

any available information on significant meteorological phenomena in the approach area including wind shear, and information on recent weather of operational significance;

trend forecast, when available; and

specific ATIS instructions.

name of aerodrome;

departure indicator;

contract type, if communication is via D-ATIS;

designator;

time of observation, if appropriate;

runway(s) to be used for take-off; status of arresting system constituting a potential hazard, if any;

significant surface conditions of runway(s) to be used for take-off and, if appropriate, braking action;

departure delay, if appropriate;

transition level, if applicable;

other essential operational information;

surface wind direction and speed, including significant variations and, if surface wind sensors related specifically to the sections of runway(s) in use are available and the information is required by aircraft operators, the indication of the runway and the section of the runway to which the information refers;

visibility and, when applicable, RVR (6);

present weather (6);

cloud below 1 500 m (5 000 ft) or below the highest minimum sector altitude, whichever is greater; cumulonimbus; if the sky is obscured, vertical visibility when available (6);

air temperature;

dew point temperature;

altimeter setting(s);

any available information on significant meteorological phenomena in the climb-out area including wind shear;

trend forecast, when available; and

specific ATIS instructions.

Alerting service shall be provided by the air traffic services units:

When it has been established by an air traffic services unit that an aircraft is in a state of emergency, other aircraft known to be in the vicinity of the aircraft involved shall, except as provided in (b), be informed of the nature of the emergency as soon as practicable.

When an air traffic services unit knows or believes that an aircraft is being subjected to unlawful interference, no reference shall be made in ATS air-ground communications to the nature of the emergency unless it has first been referred to in communications from the aircraft involved and it is certain that such reference will not aggravate the situation.

An aircraft which is being subjected to unlawful interference shall endeavour to set the transponder to Code 7500 and notify the appropriate ATS unit of, any significant circumstances associated therewith and any deviation from the current flight plan necessitated by the circumstances, in order to enable the ATS unit to give priority to the aircraft and to minimise conflict with other aircraft.

If an aircraft is subjected to unlawful interference, the pilot-in-command shall attempt to land as soon as practicable at the nearest suitable aerodrome or at a dedicated aerodrome assigned by the competent authority unless considerations aboard the aircraft dictate otherwise.

In the case of an aircraft known or believed to be in a state of emergency, including being subjected to unlawful interference, air traffic services units shall give the aircraft maximum consideration, assistance and priority over other aircraft as may be necessitated by the circumstances.

When an occurrence of unlawful interference with an aircraft takes place or is suspected, air traffic services units shall attend promptly to requests by the aircraft. Information pertinent to the safe conduct of the flight shall continue to be transmitted and necessary action shall be taken to expedite the conduct of all phases of the flight, especially the safe landing of the aircraft.

When an occurrence of unlawful interference with an aircraft takes place or is suspected, air traffic services units shall, in accordance with locally agreed procedures, immediately inform the appropriate authority designated by the State and exchange necessary information with the aircraft operator or its designated representative.

As soon as an air traffic services unit becomes aware of a strayed aircraft it shall take all necessary steps as outlined in (1) and (3) to assist the aircraft and to safeguard its flight.

As soon as an air traffic services unit becomes aware of an unidentified aircraft in its area, it shall endeavour to establish the identity of the aircraft whenever this is necessary for the provision of air traffic services or required by the appropriate military authorities in accordance with locally agreed procedures. To this end, the air traffic services unit shall take such of the following steps as are appropriate in the circumstances:

In the case of a strayed or unidentified aircraft, the possibility of the aircraft being subject of unlawful interference shall be taken into account. Should the air traffic services unit consider that a strayed or unidentified aircraft may be the subject of unlawful interference, the appropriate authority designated by the State shall immediately be informed, in accordance with locally agreed procedures.

Except for intercept and escort service provided on request to an aircraft, interception of civil aircraft shall be governed by appropriate regulations and administrative directives issued by Member States in compliance with the Convention on International Civil Aviation, and in particular Article 3(d) under which ICAO Contracting States undertake, when issuing regulations for their State aircraft, to have due regard for the safety of navigation of civil aircraft.

The pilot-in-command of a civil aircraft, when intercepted, shall:

Table S11-2

Signals initiated by intercepted aircraft and responses by intercepting aircraft

If any instructions received by radio from any sources conflict with those given by the intercepting aircraft by visual signals, the intercepted aircraft shall request immediate clarification while continuing to comply with the visual instructions given by the intercepting aircraft.

If any instructions received by radio from any sources conflict with those given by the intercepting aircraft by radio, the intercepted aircraft shall request immediate clarification while continuing to comply with the radio instructions given by the intercepting aircraft.

If radio contact is established during interception but communication in a common language is not possible, attempts shall be made to convey instructions, acknowledgement of instructions and essential information by using the phrases and pronunciations in Table S11-3 and transmitting each phrase twice:

Table S11-3

As soon as an air traffic services unit learns that an aircraft is being intercepted in its area of responsibility, it shall take such of the following steps as are appropriate in the circumstances:

As soon as an air traffic services unit learns that an aircraft is being intercepted outside its area of responsibility, it shall take such of the following steps as are appropriate in the circumstances:

The following aircraft observations shall be made during any phase of the flight:

Special observations shall be made and reported by all aircraft whenever the following conditions are encountered or observed:

Competent authorities shall prescribe as necessary other conditions which shall be reported by all aircraft when encountered or observed.

Aircraft observations shall be reported during flight at the time the observation is made or as soon thereafter as is practicable.

Aircraft observations shall be reported as air-reports and shall comply with the technical specifications in Appendix 5.

ATS units shall transmit, as soon as practicable, special and non-routine air-reports to:

Transmissions to aircraft shall be repeated at a frequency and continued for a period of time which shall be determined by the ATS unit concerned.

flight visibilities reduced to not less than 1 500 m may be permitted for flights operating:

Helicopters may be permitted to operate in less than 1 500 m but not less than 800 m flight visibility, if manoeuvred at a speed that will give adequate opportunity to observe other traffic or any obstacles in time to avoid collision. Flight visibilities lower than 800 m may be permitted for special cases, such as medical flights, search and rescue operations and fire-fighting.

Notwithstanding the provisions in 1.2 and 1.3, an aircraft in distress shall use any means at its disposal to attract attention, make known its position and obtain help.

The telecommunication transmission procedures for the distress and urgency signals shall be in accordance with Volume II of Annex 10 to the Chicago Convention.

The following signals, used either together or separately, mean that grave and imminent danger threatens, and immediate assistance is requested:

The following signals, used either together or separately, mean that an aircraft wishes to give notice of difficulties which compel it to land without requiring immediate assistance:

The following signals, used either together or separately, mean that an aircraft has a very urgent message to transmit concerning the safety of a ship, aircraft or other vehicle, or of some person on board or within sight:

When visual signals are used to warn unauthorised aircraft flying in or about to enter a restricted, prohibited or danger area by day and by night, a series of projectiles discharged from the ground at intervals of 10 seconds, each showing, on bursting, red and green lights or stars shall indicate to an unauthorised aircraft that it is flying in or about to enter a restricted, prohibited or danger area, and that the aircraft is to take such remedial action as may be necessary.

When in flight:

When on the ground:

A horizontal red square panel with yellow diagonals (Figure A1-2) when displayed in a signal area indicates that landings are prohibited and that the prohibition is liable to be prolonged.

A horizontal red square panel with one yellow diagonal (Figure A1-3) when displayed in a signal area indicates that owing to the bad state of the manoeuvring area, or for any other reason, special precautions must be observed in approaching to land or in landing.

A horizontal white dumb-bell (Figure A1-4) when displayed in a signal area indicates that aircraft are required to land, take off and taxi on runways and taxiways only.

The same horizontal white dumb-bell as in 3.2.3.1 but with a black bar placed perpendicular to the shaft across each circular portion of the dumb-bell (Figure A1-5) when displayed in a signal area indicates that aircraft are required to land and take off on runways only, but other manoeuvres need not be confined to runways and taxiways.

Crosses of a single contrasting colour, yellow or white (Figure A1-6), displayed horizontally on runways and taxiways or parts thereof indicate an area unfit for movement of aircraft.

A horizontal white or orange landing T (Figure A1-7) indicates the direction to be used by aircraft for landing and take-off, which shall be in a direction parallel to the shaft of the T towards the cross arm. When used at night, the landing T shall be either illuminated or outlined in white lights.

A set of two digits (Figure A1-8) displayed vertically at or near the aerodrome control tower indicates to aircraft on the manoeuvring area the direction for take-off, expressed in units of 10 degrees to the nearest 10 degrees of the magnetic compass.

When displayed in a signal area, or horizontally at the end of the runway or strip in use, a right-hand arrow of conspicuous colour (Figure A1-9) indicates that turns are to be made to the right before landing and after take-off.

The letter C displayed vertically in black against a yellow background (Figure A1-10) indicates the location of the air traffic services reporting office.

A double white cross displayed horizontally (Figure A1-11) in the signal area indicates that the aerodrome is being used by sailplanes and that sailplane flights are being performed.

for fixed-wing aircraft, on left side of aircraft, where best seen by the pilot; and

for helicopters, where the signalman/marshaller can best be seen by the pilot.

Raise the appropriate number of fingers on one hand indicating the number of the engine to be started.

The following hand signals are established as the minimum required for emergency communication between the ARFF incident commander/ARFF firefighters and the cockpit and/or cabin crews of the incident aircraft. ARFF emergency hand signals should be given from the left front side of the aircraft for the cockpit crew.

there are clouds or obscuring phenomena of more than four oktas coverage; or

the horizontal visibility is less than 8 km.

it is equipped with at least two payload flight-termination devices or systems, whether automatic or operated by telecommand, that operate independently of each other;

for polyethylene zero-pressure balloons, at least two methods, systems, devices, or combinations thereof, that function independently of each other are employed for terminating the flight of the balloon envelope;

the balloon envelope is equipped with either a radar reflective device(s) or radar reflective material that will present an echo to surface radar operating in the 200 MHz to 2 700 MHz frequency range, and/or the balloon is equipped with such other devices as will permit continuous tracking by the operator beyond the range of ground-based radar.

in an area where ground-based SSR equipment is in use, unless it is equipped with a secondary surveillance radar transponder, with pressure-altitude reporting capability, which is continuously operating on an assigned code, or which can be turned on when necessary by the tracking station; or

in an area where ground-based ADS-B equipment is in use, unless it is equipped with an ADS-B transmitter, with pressure-altitude reporting capability, which is continuously operating or which can be turned on when necessary by the tracking station.

when it becomes known that weather conditions are less than those prescribed for the operation;

if a malfunction or any other reason makes further operation hazardous to air traffic or to persons or property on the surface; or

prior to unauthorised entry into the airspace over another State’s territory.

Early notification of the intended flight of an unmanned free balloon in the medium or heavy category shall be made to the appropriate air traffic services unit not less than seven days before the date of the intended flight.

Notification of the intended flight shall include such of the following information as may be required by the appropriate air traffic services unit:

Any changes in the pre-launch information notified in accordance with paragraph 5.1 shall be forwarded to the air traffic services unit concerned not less than 6 hours before the estimated time of launch, or in the case of solar or cosmic disturbance investigations involving a critical time element, not less than 30 minutes before the estimated time of the commencement of the operation.

Immediately after a medium or heavy unmanned free balloon is launched the operator shall notify the appropriate air traffic services unit of the following:

The operator shall notify the appropriate air traffic services unit immediately it is known that the intended flight of a medium or heavy unmanned free balloon, previously notified in accordance with paragraph 5.1, has been cancelled.

the current geographical position;

the current level (pressure-altitude);

the forecast time of penetration of 18 000 m (60 000 ft) pressure-altitude, if applicable;

the forecast time and location of ground impact.

The cruising levels to be observed are as follows: