Commission Implementing Regulation (EU) 2019/123Show full title

Article 2 U.K. Definitions

For the purposes of this Regulation, the definitions in Article 2 of Regulation (EC) No 549/2004, Article 2 of Commission Regulation (EU) No 255/2010 and Article 2 of Commission Regulation (EC) No 2150/2005(1) shall apply.

The following definitions shall also apply:

(1)

‘scarce resources’ means the supply of means used for ATM to function effectively and which are limited in availability and are coordinated centrally by the [F1 CAA] to ensure the performance of the [F1 UK ATMS];

(2)

‘aviation frequency band’ means an entry in the Radio Regulations Table of Frequency Allocations of the International Telecommunication Union of a given frequency band in which frequency assignments are made for the general air traffic;

(3)

‘airport operator’ means the body which in conjunction with other activities or otherwise, has the task under [F2 United Kingdom legislation] of administering and managing the airport facilities and coordinating and controlling the activities of the various operators present at the airport or within the airport system concerned;

(4)

‘airport slot coordinator’ means a qualified natural or legal person appointed in accordance with Article 4(1) of Regulation (EEC) No 95/93;

(5)

‘operational stakeholders’ means [F3 the CAA and] the civil and military airspace users, civil and military air navigation service providers and airport operators which operate in the airspace referred to in Article 1(4);

(6)

‘Network Manager’ means the body entrusted with the tasks necessary for the execution of the functions referred to in Article 6 of Regulation (EC) No 551/2004 [F4 , as that Regulation has effect in EU law as amended from time to time];

(7)

F5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8)

‘performance scheme’ means [F6 any regulatory] framework to improve the performance of air navigation services and network functions in the [F7 United Kingdom pursuant to Chapter IV of Part 1 of the Transport Act 2000];

(9)

‘cooperative decision-making’ means a process in which decisions are made based on interaction and consultation with Member States, operational stakeholders and other actors as appropriate, in accordance with Articles 15 to 17 [F8 of Commission Implementing Regulation (EU) 2019/123 as that Regulation has effect in EU law as amended from time to time];

(10)

F9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(11)

F10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(12)

‘operational action’ means the action, at local, national, FAB or network level, as determined in the Network Operations Plan, through cooperative decision making between operational stakeholders and the Network Manager;

(13)

F11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(14)

‘civil-military cooperation’ means the interaction between civil and military authorities and components of ATM referred to in Article 3(1) necessary to ensure safe, efficient and harmonious use of the airspace;

(15)

‘conditional route (CDR)’ means an ATS route that is only available for flight planning and used under specified conditions;

(16)

F12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(17)

F13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(18)

‘impact on the network’ means, in the context of the radio frequency function set out in Annex III, a situation where a radio frequency assignment will degrade, obstruct or interrupt the functioning of one or more radio frequency assignments of the network or will counter the optimal use of aviation frequency bands within the scope of this Regulation;

(19)

‘airspace design’ means a process that ensures the development and implementation of advanced navigational capabilities and techniques, improved route networks and associated sectorisation, optimised airspace structures and capacity-enhancing ATM procedures;

(20)

‘airspace utilisation’ means the way that airspace is operationally used;

(21)

‘free route airspace’ means a specific airspace within which airspace users can freely plan their routes between an entry point and an exit point without reference to the ATS route network;

(22)

‘air traffic control sector’ (‘ATC sector’) means a defined volume of airspace for which a team of controllers has ATC responsibility at any given time;

(23)

‘user required route’ means the required routing that is declared by the aircraft operators at the airspace design stage to meet their needs;

(24)

‘sector configuration’ means a scheme combining airspace sectors with a view to ensuring that the operational requirements are best met and airspace availability is optimised;

(25)

‘air traffic service route (ATS route)’ means a specified part of the airspace structure designed for channelling the flow of traffic as necessary for the provision of air traffic services;

(26)

‘frequency assignment’ means authorisation given by a Member State to use a radio frequency or radio frequency channel under specified conditions.

Textual Amendments

F1 Words in Art. 2(1) substituted (31.12.2020) by The Air Traffic Management (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/694), regs. 1(2), 18(2)

F2 Words in Art. 2(3) substituted (31.12.2020) by The Air Traffic Management (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/694), regs. 1(2), 18(3)

F3 Words in Art. 2(5) inserted (31.12.2020) by The Air Traffic Management (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/694), regs. 1(2), 18(4)

F4 Words in Art. 2(6) inserted (31.12.2020) by The Air Traffic Management (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/694), regs. 1(2), 18(5)

F5 Art. 2(7) omitted (31.12.2020) by virtue of The Air Traffic Management (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/694), regs. 1(2), 18(6)

F6 Words in Art. 2(8) substituted (31.12.2020) by The Air Traffic Management (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/694), regs. 1(2), 18(7)(a)

F7 Words in Art. 2(8) substituted (31.12.2020) by The Air Traffic Management (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/694), regs. 1(2), 18(7)(b)

F8 Words in Art. 2(9) inserted (31.12.2020) by The Air Traffic Management (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/694), regs. 1(2), 18(8)

F9 Art. 2(10) omitted (31.12.2020) by virtue of The Air Traffic Management (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/694), regs. 1(2), 18(9)

F10 Art. 2(11) omitted (31.12.2020) by virtue of The Air Traffic Management (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/694), regs. 1(2), 18(9)

F11 Art. 2(13) omitted (31.12.2020) by virtue of The Air Traffic Management (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/694), regs. 1(2), 18(9)

F12 Art. 2(16) omitted (31.12.2020) by virtue of The Air Traffic Management (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/694), regs. 1(2), 18(9)

F13 Art. 2(17) omitted (31.12.2020) by virtue of The Air Traffic Management (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/694), regs. 1(2), 18(9)

(1)

Commission Regulation (EC) No 2150/2005 of 23 December 2005 laying down common rules for the flexible use of airspace (OJ L 342, 24.12.2005, p. 20).