http://www.legislation.gov.uk/id/eur/2016/1185

Commission Implementing Regulation (EU) 2016/1185

of 20 July 2016

amending Implementing Regulation (EU) No 923/2012 as regards the update and completion of the common rules of the air and operational provisions regarding services and procedures in air navigation (SERA Part C) and repealing Regulation (EC) No 730/2006

(Text with EEA relevance)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EC) No 551/2004 of the European Parliament and of the Council of 10 March 2004 on the organisation and use of the airspace in the single European sky1, and in particular Article 4 thereof,

Having regard to Regulation (EC) No 216/2008 of the European Parliament and of the Council of 20 February 2008 on common rules in the field of civil aviation and establishing a European Aviation Safety Agency and repealing Council Directive 91/670/EEC, Regulation (EC) No 1592/2002 and Directive 2004/36/EC2, and in particular Article 8b(6) thereof,

Whereas:

(1)

Article 4 of Regulation (EC) No 551/2004 requires the Commission to adopt implementing rules on rules of the air and on the uniform application of airspace classification. The Union's rules of the air have been developed in two phases. In Phase I (SERA Part A), the Commission, supported by Eurocontrol, the European Aviation Safety Agency (‘Agency’) and the International Civil Aviation Organisation (‘ICAO’), prepared the transposition into Union law of Annex 2 to the Convention on International Civil Aviation (‘Chicago Convention’). In Phase II (SERA Part B), the relevant provisions from Annexes 3 and 11 to the Chicago Convention have been transposed into Union law. The outcome was Commission Implementing Regulation (EU) No 923/20123, combining both those Parts A and B in one Union act.

(2)

Implementing Regulation (EU) No 923/2012 should now be completed by including in it the remaining relevant ICAO provisions, in particular those set out in Annex 10 to the Chicago Convention and in Document 4444 (PANS-ATM), which have a rules of the air-nature and which have not yet been transposed into Union law.

(3)

The provisions contained in this Regulation, should support and complement rules related to the provision of air traffic services contained in Annex 10 Volume II and Annex 11 to the Chicago Convention, ICAO Doc. 4444 (PANS-ATM) and the Common Requirements established in accordance with Article 8b of Regulation (EC) No 216/2008, to ensure consistency of service provision with actions of pilots and other actors under this Regulation

(4)

Implementing Regulation (EU) No 923/2012 should also be aligned with Commission Regulations (EU) No 965/20124 and (EU) No 139/20145, in order to ensure a consistent approach to regulating civil aviation safety.

(5)

For the same reason, and in order to ensure a more user-friendly presentation of the applicable rules, the rules set out in Commission Regulation (EC) No 730/20066 should be inserted in Implementing Regulation (EU) No 923/2012.

(6)

Therefore, Implementing Regulation (EU) No 923/2012 should be amended accordingly and Regulation (EC) No 730/2006 should be repealed.

(7)

Sufficient transition time should be provided for Member States, aircraft operators, air navigation service providers and other interested parties to be able to correctly implement this Regulation, including the necessary publication of new procedures and the training of operators and affected staff. However, the provisions of this Regulation containing urgent amendments of Implementing Regulation (EU) No 923/2012 in light of recent amendments of Annexes 2 and 11 to the Chicago Convention or lessons learned from the implementation of Regulation (EU) No 923/2012 should apply already from an appropriate earlier date, taking into account the system of aeronautical information regulation and control ‘AIRAC’ notification dates.

(8)

The measures provided for in this Regulation are based on the opinion issued by the Agency in accordance with Articles 17(2)(b) and 19(1) of Regulation (EC) No 216/2008.

(9)

The measures provided for in this Regulation are in accordance with the opinion of the Single Sky Committee, established by Article 5 of Regulation (EC) No 549/2004 of the European Parliament and of the Council7,

HAS ADOPTED THIS REGULATION: