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Commission Implementing Regulation (EU) No 923/2012Show full title

Commission Implementing Regulation (EU) No 923/2012 of 26 September 2012 laying down the common rules of the air and operational provisions regarding services and procedures in air navigation and amending Implementing Regulation (EU) No 1035/2011 and Regulations (EC) No 1265/2007, (EC) No 1794/2006, (EC) No 730/2006, (EC) No 1033/2006 and (EU) No 255/2010 (Text with EEA relevance)

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SERA.11010 In-flight contingencies

Strayed or unidentified aircraft
(a)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.
(1)

If the aircraft’s position is not known, the air traffic services unit shall:

(i)

attempt to establish two-way communication with the aircraft, unless such communication already exists;

(ii)

use all available means to determine its position;

(iii)

inform other air traffic services units into whose area the aircraft may have strayed or may stray, taking into account all the factors which may have affected the navigation of the aircraft in the circumstances;

(iv)

inform, in accordance with locally agreed procedures, appropriate military units and provide them with pertinent flight plan and other data concerning strayed aircraft;

(v)

request from the units referred to in (iii) and (iv) and from other aircraft in flight every assistance in establishing communication with the aircraft and determining its position.

(2)

The requirements in (1)(iv) and (1)(v) shall apply also to air traffic services units informed in accordance with (1)(iii).

(3)

When the aircraft’s position is established, the air traffic services unit shall:

(i)

advise the aircraft of its position and corrective action to be taken. This advice shall be immediately provided when ATS is aware that there is a possibility of interception or other hazard to the safety of the aircraft; and

(ii)

provide, as necessary, other air traffic services units and appropriate military units with relevant information concerning the strayed aircraft and any advice given to that aircraft.

(b)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:
(1)

attempt to establish two-way communication with the aircraft;

(2)

inquire of other air traffic services units within the flight information region about the flight and request their assistance in establishing two-way communication with the aircraft;

(3)

inquire of air traffic services units serving the adjacent flight information regions about the flight and request their assistance in establishing two-way communication with the aircraft;

(4)

attempt to obtain information from other aircraft in the area;

(5)

the air traffic services unit shall, as necessary, inform the appropriate military unit as soon as the identity of the aircraft has been established.

(c)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.

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