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

SECTION 8 Air traffic control service

SERA.8001 Application

Air traffic control service shall be provided:

(a)

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

(b)

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

(c)

to all special VFR flights;

(d)

to all aerodrome traffic at controlled aerodromes.

SERA.8005 Operation of air traffic control service

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

(1)

be provided with information on the intended movement of each aircraft, or variations therefrom, and with current information on the actual progress of each aircraft;

(2)

determine from the information received, the relative positions of known aircraft to each other;

(3)

issue clearances and information for the purpose of preventing collision between aircraft under its control and of expediting and maintaining an orderly flow of traffic;

(4)

coordinate clearances as necessary with other units:

(i)

whenever an aircraft might otherwise conflict with traffic operated under the control of such other units;

(ii)

before transferring control of an aircraft to such other units.

(b) Clearances issued by air traffic control units shall provide separation:

(1)

between all flights in airspace Classes A and B;

(2)

between IFR flights in airspace Classes C, D and E;

(3)

between IFR flights and VFR flights in airspace Class C;

(4)

between IFR flights and special VFR flights;

(5)

between special VFR flights unless otherwise prescribed by the competent authority;

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.

(c) 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:

(1)

vertical separation, obtained by assigning different levels selected from the table of cruising levels in Appendix 3 to the Annex to this Regulation, except that the correlation of levels to track as prescribed therein shall not apply whenever otherwise indicated in appropriate aeronautical information publications or air traffic control clearances. The vertical separation minimum shall be a nominal 300 m (1 000 ft) up to and including FL 410 and a nominal 600 m (2 000 ft) above this level;

(2)

horizontal separation, obtained by providing:

(i)

longitudinal separation, by maintaining an interval between aircraft operating along the same, converging or reciprocal tracks, expressed in time or distance; or

(ii)

lateral separation, by maintaining aircraft on different routes or in different geographical areas.

SERA.8010 Separation minima

(a) 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.

(b) 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.

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

(1)

to the air traffic services units concerned; and

(2)

to pilots and aircraft operators through aeronautical information publications, where separation is based on the use by aircraft of specified navigation aids or specified navigation techniques.

SERA.8015 Air traffic control clearances

(a) Air traffic control clearances shall be based solely on the requirements for providing air traffic control service.

(b) Operation subject to clearance

(1) 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.

(2) 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.

(3) 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.

(4) 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.

(5) 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.

(c) Clearances for transonic flight

(1) 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.

(2) 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.

(d) Contents of clearances

An air traffic control clearance shall indicate:

(1)

aircraft identification as shown in the flight plan;

(2)

clearance limit;

(3)

route of flight;

(4)

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

(5)

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

(e) Read-back of clearances and safety-related information

(1) 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:

(i)

ATC route clearances;

(ii)

clearances and instructions to enter, land on, take off from, hold short of, cross, taxi and backtrack on any runway; and

(iii)

runway-in-use, altimeter settings, SSR codes, newly assigned communication channels, level instructions, heading and speed instructions; and

(iv)

transition levels, whether issued by the controller or contained in ATIS broadcasts.

(2) 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.

(3) 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.

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

(f) Coordination of clearances

(1) 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).

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

(i)

when it has been possible, prior to departure, to coordinate the clearance between all the units under whose control the aircraft will come; or

(ii)

when there is reasonable assurance that prior coordination will be effected between those units under whose control the aircraft will subsequently come.

(3) 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.

(4) 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.

(i)

Aircraft shall maintain the necessary two-way communication with the current air traffic control unit whilst obtaining a downstream clearance.

(ii)

A clearance issued as a downstream clearance shall be clearly identifiable as such to the pilot.

(iii)

Unless coordinated, downstream clearances shall not affect the aircraft’s original flight profile in any airspace, other than that of the air traffic control unit responsible for the delivery of the downstream clearance.

(5) 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.

(6) 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.

SERA.8020 Adherence to flight plan

(a) 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.

(1)

Unless otherwise authorised by the competent authority, or directed by the appropriate air traffic control unit, controlled flights shall, in so far as practicable:

(i)

when on an established ATS route, operate along the defined centre line of that route; or

(ii)

when on any other route, operate directly between the navigation facilities and/or points defining that route.

(2)

Unless otherwise authorised by the competent authority, or directed by the appropriate air traffic control unit, an aircraft operating along an ATS route segment defined by reference to very high frequency omnidirectional radio ranges shall change over for its primary navigation guidance from the facility behind the aircraft to that ahead of it at, or as close as operationally feasible to, the changeover point, where established.

(3)

Deviation from the requirements in (2) shall be notified to the appropriate air traffic services unit.

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

(1)

Deviation from track: if the aircraft is off track, action shall be taken forthwith to adjust the heading of the aircraft to regain track as soon as practicable.

(2)

Variation in true airspeed: if the average true airspeed at cruising level between reporting points varies or is expected to vary by plus or minus 5 per cent of the true airspeed, from that given in the flight plan, the appropriate air traffic services unit shall be so informed.

(3)

Change in time estimate: if the time estimate for the next applicable reporting point, flight information region boundary or destination aerodrome, whichever comes first, is found to be in error in excess of 3 minutes from that notified to air traffic services, or such other period of time as is prescribed by the competent authority or on the basis of ICAO regional air navigation agreements, a revised estimated time shall be notified as soon as possible to the appropriate air traffic services unit.

(4)

Additionally, when an ADS-C agreement is in place, the air traffic services unit shall be informed automatically via data link whenever changes occur beyond the threshold values stipulated by the ADS-C event contract.

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

(1)

Change of cruising level: aircraft identification; requested new cruising level and cruising speed at this level, revised time estimates (when applicable) at subsequent flight information region boundaries.

(2)

Change of route:

(i)

Destination unchanged: aircraft identification; flight rules; description of new route of flight including related flight plan data beginning with the position from which requested change of route is to commence; revised time estimates; any other pertinent information.

(ii)

Destination changed: aircraft identification; flight rules; description of revised route of flight to revised destination aerodrome including related flight plan data, beginning with the position from which requested change of route is to commence; revised time estimates; alternate aerodrome(s); any other pertinent information.

(d) 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:

(1)

request an amended clearance enabling the aircraft to continue in VMC to destination or to an alternative aerodrome, or to leave the airspace within which an ATC clearance is required; or

(2)

if no clearance in accordance with a) can be obtained, continue to operate in VMC and notify the appropriate ATC unit of the action being taken either to leave the airspace concerned or to land at the nearest suitable aerodrome; or

(3)

if operated within a control zone, request authorisation to operate as a special VFR flight; or

(4)

request clearance to operate in accordance with the instrument flight rules.

SERA.8025 Position reports

(a) 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.

(1)

Controlled flights providing position information to the appropriate air traffic services unit via data link communications shall only provide voice position reports when requested.

SERA.8030 Termination of control

A controlled flight shall, except when landing at a controlled aerodrome, advise the appropriate ATC unit as soon as it ceases to be subject to air traffic control service.

SERA.8035 Communications

(a) 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.

(1)

The requirement for an aircraft to maintain an air-ground voice communication watch shall remain in effect when CPDLC has been established.

(b) 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.