Directive 2006/23/EC of the European Parliament and of the CouncilShow full title

Article 1 Objective and scope

1. The objective of this Directive is to increase safety standards and to improve the operation of the Community air traffic control system through the issuing of a Community air traffic controller licence.

2. This Directive shall apply to:

• student air traffic controllers, and

• air traffic controllers

exercising their functions under the responsibility of air navigation service providers which offer their services primarily to aircraft movements of general air traffic.

3. Subject to Articles 1(2) and 13 of Regulation (EC) No 549/2004, in cases where regular and planned air traffic control services are provided to general air traffic under the responsibility of air navigation service providers which offer their services primarily to aircraft movements other than general air traffic, Member States shall ensure that the level of safety and quality of the services to general air traffic is at least equivalent to the level resulting from the application of the provisions of this Directive.

Article 2 Definitions

For the purposes of this Directive, the following definitions shall apply:

1.

‘air traffic control service’ means a service provided for the purpose of preventing collisions between aircraft, and, on the manoeuvring area, between aircraft and obstructions, and expediting and maintaining an orderly flow of air traffic;

2.

‘air navigation service providers’ means any public or private entity providing air navigation services for general air traffic;

3.

‘general air traffic’ means all movements of civil aircraft, as well as all movements of State aircraft (including military, customs and police aircraft) when these movements are carried out in conformity with the procedures of the ICAO;

4.

‘licence’ means a certificate, by whatever name it may be known, issued and endorsed in accordance with this Directive and entitling its lawful holder to provide air traffic control services in accordance with the ratings and endorsements contained therein;

5.

‘rating’ means the authorisation entered on or associated with a licence and forming part thereof, stating specific conditions, privileges or limitations pertaining to such licence; the ratings on a licence are at least one of the following:

(a)

aerodrome control visual;

(b)

aerodrome control instrument;

(c)

approach control procedural;

(d)

approach control surveillance;

(e)

area control procedural;

(f)

area control surveillance;

6.

‘rating endorsement’ means the authorisation entered on and forming part of a licence, indicating the specific conditions, privileges or limitations pertaining to the relevant rating;

7.

‘unit endorsement’ means the authorisation entered on and forming part of a licence, indicating the ICAO location indicator and the sectors and/or working positions where the holder of the licence is competent to work;

8.

‘language endorsement’ means the authorisation entered on and forming part of a licence, indicating the language proficiency of the holder;

9.

‘instructor endorsement’ means the authorisation entered on and forming part of a licence, indicating the competence of the holder to give on-the-job training instruction;

10.

‘ICAO location indicator’ means the four-letter code group formulated in accordance with rules prescribed by ICAO in its manual DOC 7910 and assigned to the location of an aeronautical fixed station;

11.

‘sector’ means a part of a control area and/or part of a flight information region/upper region;

12.

‘training’ is the entirety of theoretical courses, practical exercises, including simulation, and on-the-job training required in order to acquire and maintain the skills to deliver safe, high quality air traffic control services; it consists of:

(a)

initial training, providing basic and rating training, leading to the grant of a student licence;

(b)

unit training, including transitional training prior to on-the-job training and on-the-job training, leading to the grant of an air traffic controller licence;

(c)

continuation training, keeping the endorsements of the licence valid;

(d)

training of on-the-job training instructors, leading to the grant of the instructor endorsement;

(e)

training of examiners and/or assessors;

13.

‘training provider’ is an organisation which has been certified by the relevant national supervisory authority to provide one or more types of training;

14.

‘Unit Competence Scheme’ is an approved scheme indicating the method by which the unit maintains the competence of its licence holders;

15.

‘Unit Training Plan’ is an approved plan detailing the processes and timing required to allow the unit procedures to be applied to the local area under the supervision of an on-the-job-training instructor.

Article 3 National supervisory authorities

1. Member States shall nominate or establish a body or bodies as their national supervisory authority in order to assume the tasks assigned to such authority under this Directive.

2. The national supervisory authorities shall be independent of air navigation service providers and training providers. This independence shall be achieved through adequate separation, at the functional level at least, between the national supervisory authorities and such providers. Member States shall ensure that national supervisory authorities exercise their powers impartially and transparently.

3. Member States shall notify the Commission of the names and addresses of the national supervisory authorities, as well as any changes thereof, and of the measures taken to ensure compliance with paragraph 2.

Article 4 Licensing principles

1. Without prejudice to Article 1(3), Member States shall ensure that air traffic control services within the scope of Article 1(2) are only provided by air traffic controllers licensed in accordance with this Directive.

2. Applicants for a licence shall prove that they are competent to act as air traffic controllers or as student air traffic controllers. The evidence demonstrating their competence shall relate to knowledge, experience, skills and linguistic proficiency.

3. The licence shall remain the property of the person to whom it is granted and who shall sign it.

4. In accordance with Article 14(1):

(a) a licence, ratings or endorsements may be suspended when the competence of the air traffic controller is in doubt or in cases of misconduct;

(b) a licence may be revoked in cases of gross negligence or abuse.

5. The student air traffic controller licence shall authorise the holder to provide air traffic control services under the supervision of an on-the-job-training instructor.

6. The licence shall include the items set out in Annex I.

7. When a licence is issued in a language other than English, it shall include an English translation of the items set out in Annex I.

8. Member States shall ensure that air traffic controllers are sufficiently trained in safety, security and crisis management.

Article 5 Conditions for obtaining a licence

1. Student air traffic controller licences shall be granted to applicants who:

(a) are at least 18 years old and are holders of at least a secondary education diploma or a diploma granting access to university or equivalent.

Member States may provide that the national supervisory authority evaluate the educational standard of applicants who do not fulfil this educational requirement. If this evaluation demonstrates that an applicant has experience and education which gives him/her a reasonable prospect of completing air traffic controller training, this shall be regarded as sufficient;

(b) have successfully completed approved initial training relevant to the rating, and rating endorsement if applicable, as set out in Part A of Annex II;

(c) hold a valid medical certificate; and

(d) have demonstrated an adequate level of linguistic proficiency in accordance with the requirements set out in Annex III.

The licence shall contain at least one rating and one rating endorsement, if applicable.

2. Air traffic controller licences shall be granted to applicants who:

(a) are at least 21 years old. However, Member States may provide for a lower age limit in duly justified cases;

(b) are holders of a student licence and have completed an approved unit training plan and successfully passed the appropriate examinations or assessments in accordance with the requirements set out in Part B of Annex II;

(c) hold a valid medical certificate; and

(d) have demonstrated an adequate level of linguistic proficiency in accordance with the requirements set out in Annex III.

The licence shall be validated by the inclusion of one or more ratings and the relevant rating, unit and language endorsements for which training was successfully completed.

3. The instructor endorsement shall be granted to holders of an air traffic controller licence who:

(a) have provided air traffic control services for an immediately preceding period of at least one year, or such longer duration as is fixed by the national supervisory authority having regard to the ratings and endorsements for which instruction is given; and

(b) have successfully completed an approved on-the-job training instructor course during which the required knowledge and pedagogical skills were assessed through appropriate examinations.

Article 6 Air traffic controller ratings

Licences shall contain one or more of the following ratings in order to indicate the type of service which the licence holder may provide:

(a)

the Aerodrome Control Visual rating (ADV), which shall indicate that the holder of the licence is competent to provide an air traffic control service to aerodrome traffic at an aerodrome that has no published instrument approach or departure procedures;

(b)

the Aerodrome Control Instrument rating (ADI), which shall indicate that the holder of the licence is competent to provide an air traffic control service to aerodrome traffic at an aerodrome that has published instrument approach or departure procedures and shall be accompanied by at least one of the rating endorsements described in Article 7(1);

(c)

the Approach Control Procedural rating (APP), which shall indicate that the holder of the licence is competent to provide an air traffic control service to arriving, departing or transiting aircraft without the use of surveillance equipment;

(d)

the Approach Control Surveillance rating (APS), which shall indicate that the holder of the licence is competent to provide an air traffic control service to arriving, departing or transiting aircraft with the use of surveillance equipment and shall be accompanied by at least one of the rating endorsements described in Article 7(2);

(e)

the Area Control Procedural rating (ACP), which shall indicate that the holder of the licence is competent to provide an air traffic control service to aircraft without the use of surveillance equipment;

(f)

the Area Control Surveillance rating (ACS), which shall indicate that the holder of the licence is competent to provide an air traffic control service to aircraft with the use of surveillance equipment and shall be accompanied by at least one of the rating endorsements described in Article 7(3).

Article 7 Rating endorsements

1. The Aerodrome Control Instrument rating (ADI) shall bear at least one of the following endorsements:

(a) the Tower Control endorsement (TWR), which shall indicate that the holder is competent to provide control services where aerodrome control is provided from one working position;

(b) the Ground Movement Control endorsement (GMC), which shall indicate that the holder of the licence is competent to provide ground movement control;

(c) the Ground Movement Surveillance endorsement (GMS), granted in addition to the Ground Movement Control endorsement or Tower Control endorsement, which shall indicate that the holder is competent to provide ground movement control with the help of aerodrome surface movement guidance systems;

(d) The Air Control endorsement (AIR), which shall indicate that the holder of the licence is competent to provide air control;

(e) The Aerodrome Radar Control endorsement (RAD), granted in addition to the Air Control endorsement or Tower Control endorsement, which shall indicate that the holder of the licence is competent to provide aerodrome control with the help of surveillance radar equipment.

2. The Approach Control Surveillance rating (APS) shall bear at least one of the following endorsements:

(a) the Radar endorsement (RAD), which shall indicate that the holder of the licence is competent to provide an approach control service with the use of primary and/or secondary radar equipment;

(b) the Precision Approach Radar endorsement (PAR), granted in addition to the Radar endorsement, which shall indicate that the holder of the licence is competent to provide ground-controlled precision approaches with the use of precision approach radar equipment to aircraft on the final approach to the runway;

(c) the Surveillance Radar Approach endorsement (SRA), granted in addition to the Radar endorsement, which shall indicate that the holder is competent to provide ground-controlled non-precision approaches with the use of surveillance equipment to aircraft on the final approach to the runway;

(d) the Automatic Dependent Surveillance endorsement (ADS), which shall indicate that the holder is competent to provide an approach control service with the use of automatic dependent surveillance;

(e) the Terminal Control endorsement (TCL), granted in addition to the Radar or Automatic Dependent Surveillance endorsements, which shall indicate that the holder is competent to provide air traffic control services with the use of any surveillance equipment to aircraft operating in a specified terminal area and/or adjacent sectors.

3. The Area Control Surveillance rating (ACS) shall bear at least one of the following endorsements:

(a) the Radar endorsement (RAD), which shall indicate that the holder is competent to provide area control services with the use of surveillance radar equipment;

(b) the Automatic Dependent Surveillance endorsement (ADS), which shall indicate that the holder is competent to provide area control services with the use of automatic dependent surveillance;

(c) the Terminal Control endorsement (TCL), granted in addition to the Radar or Automatic Dependent Surveillance endorsements, which shall indicate that the holder is competent to provide air traffic control services with the use of any surveillance equipment to aircraft operating in a specified terminal area and/or adjacent sectors;

(d) the Oceanic Control (OCN) endorsement, which shall indicate that the holder is competent to provide air traffic control services to aircraft operating in an Oceanic Control Area.

4. Without prejudice to paragraphs 1, 2 and 3, Member States may, in exceptional cases which only arise due to particular characteristics of the air traffic in the airspace under their responsibility, develop national endorsements. Such endorsements shall not affect the overall freedom of movement of air traffic controllers.

Article 8 Language endorsements

1. Member States shall ensure that air traffic controllers can demonstrate the ability to speak and understand English to a satisfactory standard. Their proficiency shall be determined in accordance with the language proficiency rating scale set out in Annex III.

2. Member States may impose local language requirements when deemed necessary for reasons of safety.

3. The level required in application of paragraphs 1 and 2 shall be level 4 of the language proficiency rating scale set out in Annex III.

4. Notwithstanding paragraph 3, Member States may require level five of the language proficiency rating scale set out in Annex III in application of paragraphs 1 and/or 2 where the operational circumstances of the particular rating or endorsement warrant a higher level for imperative reasons of safety. Such a requirement shall be objectively justified, non-discriminatory, proportionate and transparent.

5. Proficiency shall be demonstrated by a certificate issued after a transparent and objective assessment procedure approved by the national supervisory authority.

Article 9 Instructor endorsements

The instructor endorsement shall indicate that the holder of the licence is competent to provide training and supervision at a working position for areas covered by a valid rating.

Article 10 Unit endorsements

The unit endorsement shall indicate that the licence holder is competent to provide air traffic control services for a particular sector, group of sectors or working positions under the responsibility of an air traffic services unit.

Member States may, when deemed necessary for reasons of safety, provide that the privileges of a unit endorsement are only exercised by licence holders below a given age.

Article 11 Conditions for maintaining ratings and keeping endorsements valid

1. Unit endorsements shall be valid for an initial period of 12 months. The validity of such endorsements shall be extended for the following 12 months if the air navigation service provider demonstrates that:

(a) the applicant has been exercising the privileges of the licence for a minimum number of hours, as indicated in the approved unit competence scheme, throughout the previous 12 months;

(b) the applicant's competence has been assessed in accordance with Part C of Annex II; and

(c) the applicant holds a valid medical certificate.

The minimum number of working hours, leaving aside instruction tasks, required to maintain the validity of the unit endorsement may be reduced for on-the-job training instructors in proportion to the time spent instructing trainees on the working positions for which the extension is applied.

2. Where unit endorsements cease to be valid, a unit training plan must be successfully completed so as to revalidate the endorsement.

3. The holder of a rating or rating endorsement who has not been providing air traffic control services associated with that rating or rating endorsement for any period of four consecutive years may only commence unit training in that rating or rating endorsement after appropriate assessment as to whether he/she continues to satisfy the conditions of that rating or rating endorsement, and after satisfying any training requirements that result from this assessment.

4. The language proficiency of the applicant shall be formally evaluated at regular intervals, except in the case of applicants who have demonstrated proficiency level six.

This interval shall be no longer than three years for applicants who demonstrate proficiency level four and no longer than six years for applicants who demonstrate proficiency level five.

5. The instructor endorsement shall be valid for a renewable period of 36 months.

Article 12 Medical certificates

1. Medical certificates shall be issued by a competent medical body of the national supervisory authority or by medical examiners approved by the national supervisory authority.

2. The issuing of medical certificates shall be consistent with the provisions of Annex I to the Chicago Convention on International Civil Aviation and the Requirements for European Class 3 Medical Certification of Air Traffic Controllers laid down by Eurocontrol.

3. Medical certificates shall be valid from the date of the medical examination and for 24 months thereafter for air traffic controllers up to the age of 40 years and for 12 months above that age. The medical certificate may be revoked at any time if the medical condition of the holder so requires.

4. Member States shall ensure that effective review or appeal procedures are put in place with the appropriate involvement of independent medical advisors.

5. Member States shall ensure that procedures are established to deal with cases of reduced medical fitness and to enable licence holders to notify their employers that they are becoming aware of any decrease in medical fitness or are under the influence of any psychoactive substance or medicines which might render them unable to exercise the privileges of the licence safely and properly.

Article 13 Certification of Training Providers

1. The provision of training to air traffic controllers, including related assessment procedures, shall be subject to certification by the national supervisory authorities.

2. The requirements for certification shall relate to technical and operational competence and suitability to organise training courses as set out in point 1 of Annex IV.

3. Applications for certification shall be submitted to the national supervisory authorities of the Member State where the applicant has its principal place of operation and, if any, its registered office.

National supervisory authorities shall issue certificates when the applicant training provider fulfils the requirements laid down in point 1 of Annex IV.

Certificates may be issued for each type of training or in combination with other air navigation services, whereby the type of training and the type of air navigation service shall be certified as a package of services.

4. Certificates shall specify the information referred to in point 2 of Annex IV.

5. National supervisory authorities shall monitor compliance with the requirements and conditions attached to the certificates. If a national supervisory authority finds that the holder of a certificate no longer satisfies such requirements or conditions, it shall take appropriate measures, which may include withdrawal of the certificate.

6. A Member State shall recognise certificates issued in another Member State.

Article 14 Guarantee of compliance with competence standards

1. In order to ensure the levels of competence indispensable for air traffic controllers in order for them to perform their work to high safety standards, the Member States shall ensure that national supervisory authorities supervise and monitor their training.

Their tasks shall include:

(a) the issuing and revocation of licences, ratings and endorsements for which the relevant training and assessment was completed under the area of responsibility of the national supervisory authority;

(b) the maintenance and suspension of ratings and endorsements, the privileges of which are exercised under the responsibility of the national supervisory authority;

(c) the certification of training providers;

(d) the approval of training courses, unit training plans and unit competence schemes;

(e) the approval of competence examiners or competence assessors;

(f) the monitoring and auditing of training systems;

(g) the establishment of appropriate appeal and notification mechanisms.

2. National supervisory authorities shall provide appropriate information and mutual assistance to the national supervisory authorities of other Member States so as to ensure the effective application of this Directive, particularly in cases involving the free movement of air traffic controllers within the Community.

3. The national supervisory authorities shall ensure that a data base is maintained listing the competencies of all licence holders under their responsibility and the validity dates of their endorsements. To this end, operational units within air navigation service providers shall keep records of the hours effectively worked in the sectors, group of sectors or in the working positions for every licence holder working in the unit and shall provide this data to the national supervisory authorities on request.

4. The national supervisory authorities shall approve the licence holders who are entitled to act as competence examiners or competence assessors for unit and continuation training. Approval shall be valid for a renewable period of three years.

5. The national supervisory authorities shall audit the training providers on a regular basis with a view to guaranteeing effective compliance with the standards laid down in this Directive.

In addition to the regular audit, the national supervisory authorities may make on-the-spot visits to check the effective implementation of this Directive and compliance with the standards contained therein.

6. National supervisory authorities may decide to delegate in full or in part the auditing functions and inspections mentioned in paragraph 5 of this Article to recognised organisations in accordance with Article 3 of Regulation (EC) No 550/2004.

7. Member States shall submit to the Commission a report on the application of this Directive by 17 May 2011 May and at three-yearly intervals thereafter.

Article 15 Mutual recognition of air traffic controller licences

1. Subject to Article 8, each Member State shall recognise licences and their associated ratings, rating endorsements and language endorsements issued by the national supervisory authority of another Member State in accordance with the provisions of this Directive, as well as the accompanying medical certificates. However, a Member State may decide only to recognise licences of holders who have reached the minimum age limit of 21 as envisaged in Article 5(2)(a).

2. In cases where a licence holder exercises the privileges of the licence in a Member State other than that in which the licence was issued, the licence holder shall have the right to exchange his or her licence for a licence issued in the Member State where the privileges are exercised, without additional conditions being imposed.

3. In order to grant a unit endorsement, the national supervisory authorities shall require the applicant to fulfil the particular conditions associated with this endorsement, specifying the unit, sector or working position. When establishing the unit training plan, the training provider shall take due account of the acquired competencies and the experience of the applicant.

4. The national supervisory authorities shall approve and give a reasoned decision on the unit training plan containing the proposed training for the applicant not later than six weeks after presentation of the evidence, without prejudice to the delay resulting from any appeal that may be made. In their decisions, the national supervisory authorities shall ensure that the principles of non-discrimination and proportionality are respected.

Article 16 Adaptation to technical or scientific progress

In the light of technical or scientific progress, the Commission may adopt, in accordance with the procedure referred to in Article 17(2), amendments to the ratings in Article 6, the rating endorsements in Article 7, the provisions on medical certificates in Article 12(3) and the Annexes.

Article 17 Committee

1. The Commission shall be assisted by the Single Sky Committee instituted by Article 5 of Regulation (EC) No 549/2004.

2. Where reference is made to this paragraph, Articles 5 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.

The period laid down in Article 5(6) of Decision 1999/468/EC shall be set at one month.

3. The Committee shall adopt its rules of procedure.

Article 18 Penalties

The Member States shall lay down the rules on penalties applicable to infringements of the national provisions adopted pursuant to this Directive and shall take all measures necessary to ensure that they are implemented. The penalties provided for must be effective, proportionate and dissuasive. The Member States shall notify those provisions to the Commission by 17 May 2008 and shall notify it without delay of any subsequent amendment affecting them.

Article 19 Transitional arrangements

Article 5(2)(a) and (b) shall not apply to holders of air traffic controller licences issued by Member States before 17 May 2008.

Article 20 Transposition

Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 17 May 2008 at the latest, with the exception of Article 8, for which the deadline shall be 17 May 2010. They shall forthwith communicate to the Commission the text of those provisions.

When Member States adopt these measures, they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The methods of making such reference shall be laid down by Member States.

Article 21 Entry into force

This Directive shall enter into force on the 20th day following its publication in the Official Journal of the European Union.

Article 22 Addressees

This Directive is addressed to the Member States.

Done at Strasbourg, 5 April 2006.

For the European Parliament

The President

J. Borrell fontelles

For the Council

The President

H. Winkler