1993L0065 — EN — 20.11.2003 — 003.001 — 1
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►B COUNCILDIRECTIVE93/65/EEC
of19July1993
onthedefinitionanduseofcompatibletechnicalspecificationsfortheprocurementofair-traffic-
managementequipmentandsystems
(OJ L 187, 29.7.1993, p. 52)
Amended by:
Official Journal
No page date
►M1Commission Directive 97/15/EC of 25 March1997 L 95 16 10.4.1997
►M2Regulation (EC) No 1882/2003 of the European Parliament and of the
Council of 29 September 2003L 284 1 31.10.2003
Amended by:
►A1Act of Accession of Austria, Sweden and Finland C241 21 29.8.1994
(adapted by Council Decision 95/1/EC, Euratom, ECSC) L 1 1 1.1.1995
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COUNCILDIRECTIVE93/65/EEC
of19July1993
on the definition and use of compatible technical specifications for
theprocurementofair-traffic-management equipmentandsystems
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European EconomicCommunity, and in particular Article 84 (2) thereof,
Having regard to the proposal from the Commission (
1),
Having regard to the opinion of the European Parliament (2),
Having regard to the opinion of the Economic and Social
Committee (3),
Whereas air transport in Europe is at present under considerable strain
owing to air traffic congestion;
Whereas, so far, management systems have been developed and
brought on stream in accordance with International Civil AviationOrganization (ICAO) provisions, which allow national or local interpre-tation;
Whereas defining and introducing Community standards is an effective
approach to the management of general air traffic since the present
situation, based on national or local systems, has resulted in the tech-nical and operational incompatibilities which now hinder the transfer ofcontrolled flights between traffic-control bodies in different MemberStates;
Whereas the important work undertaken by the European Civil Avia-
tion Conference (ECAC) and Eurocontrol in the field of air-traffic
management and the relevant conclusions adopted by ECAC Ministersin April 1990 and March1992 sh ould be borne in mind;
Whereas functional integration should be effected to remedy traffic
congestion and improve the flow of traffic in the short term;
Whereas the process of harmonization and integration would be facili-
tated if all Member States acceded to the International Conventionrelating to Cooperation for the Safety of Air Navigation;
Whereas, following resolution 89/C 189/02 (
4), the process of all
Member States' accession as Contracting Parties to the InternationalConvention relating to Cooperation for the Safety of Air Navigationwould be facilitated if those Member States which are alreadyContracting Parties to that Convention would strive within Eurocontrolto adopt, where appropriate, measures aimed at facilitating such acces-
sion;
Whereas the technical specifications adopted by Eurocontrol comply
withICAO recommended standards and practices;
Whereas the Commission, assisted by a committee of representatives of
the Member States, should be authorized, in accordance with the proce-dure laid down in Council Decision 87/373/EEC of 13 July 1987 layingdown the procedures for the exercise of implementing powers
conferred on the Commission (
5), to make certain Eurocontrol standards
mandatory at Community level;
Whereas European standardization is a key factor in establishing a
consistent level of safety in air-traffic management; whereas Eurocon-1993L0065 — EN — 20.11.2003 — 003.001 — 2
(1) OJ No C 244, 23. 9. 1992, p. 16.
(2) Opinion delivered on 25 June 1993 (not yet published in the Official
Journal)
(3) OJ No C 19, 25. 1. 1993, p. 39.
(4) OJ No C 189, 26. 7. 1989, p. 3.
(5) OJ No C 197, 18. 7. 1987, p. 33.
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trol and the European standardization bodies should cooperate with
eachoth er;
Whereas it should be specified that in accordance with Council Direc-
tive 83/189/EEC of 28 March1983 laying down a procedure for th e
provision of information in the field of technical standards and regula-
tions (1) the Commission may, after consulting Eurocontrol, give
European standardization bodies mandates to draw up European stan-dards to provide support for air-traffic-management systems;
Whereas in any case any item of equipment legally marketed in one
Member State must be able to move freely within the territories of theother Member States;
Whereas the International Convention relating to Cooperation for the
Safety of Air Navigation designates Eurocontrol as the appropriate
instrument to take the necessary measures to solve the presentproblems in Europe;
Whereas safety is a key factor in air transport in the Community;
whereas this Directive should take account of the existence of theConvention on International Civil Aviation, signed in Chicago on 7December 1944, which provides for the implementation of whatever
measures are required to ensure the safe and orderly development of
international civil aviation;
Whereas Council Directives 77/62/EEC of 21 December 1976 coordi-
nating procedures for the award of public supply contracts (
2) and 90/
531/EEC of 17 September 1990 on the procurement procedures of enti-ties operating in the water, energy, transport and telecommunicationssectors (
3) apply to the air-traffic-management sector and the awarding
entities must be specified;
Whereas in certain Member States the procurement of air-navigation
equipment is not covered by the aforementioned Directives; whereas
however, the Eurocontrol standards incorporated in the Communitylegal system must be complied within all Member States,
HAS ADOPTED THIS DIRECTIVE:
Article 1
This Directive shall apply to the definition and use of compatible tech-
nical specifications for the procurement of air-traffic-managementequipment and systems, in particular:
— communications systems,
— surveillance systems,— systems providing automated assistance to air-traffic control, and
— navigation systems.
Article 2
For the purposes of this Directive:
(a) technical specification shall mean the technical requirements
included, in particular, in the tender documents defining the char-acteristics of a piece of work, a material, a product or a supply,
and making it possible to describe a piece of work, a material, a
product or a supply objectively in a manner such that it fulfils theuse for which it is intended by the contracting entity. Such tech-nical prescriptions may include quality, performance, safety anddimensions, as well as requirements applicable to the material,product or supply as regards quality assurance, terminology,1993L0065 — EN — 20.11.2003 — 003.001 — 3
(1) OJ No L 109, 26. 4. 1983, p. 8. Directive as last amended by Commission
Decision 92/400/EEC (OJ No L 221, 6. 8. 1992, p. 55).
(2) OJ No L 13, 15. 1. 1977, p. 1. Directive as last amended by Directive 92/50/
EEC (OJ No L 209, 24. 7. 1992, p. 1).
(3) OJ No L 297, 29. 10. 1990, p. 1.
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symbols, testing and test methods, packaging, marking and label-
ling;
(b) standard shall mean a technical specification approved by a recog-
nized standardization body for repeated or continuous application,compliance withwh ichis not in principle compulsory;
(c) Eurocontrol standard shall mean the mandatory elements of Euro-
control specifications for physical characteristics, configuration,
material, performance, personnel or procedure, the uniform applica-
tion of which is recognized as essential for the implementation ofan integrated air trafic services (ATS) system (the mandatoryelements shall form part of a Eurocontrol standard document).
Article 3
1. The Commission shall, in accordance with the procedure laid
down in Article 6, identify and adopt the Eurocontrol standards andsubsequent Eurocontrol amendments to those Eurocontrol standards, inparticular those relating to the areas listed in Annex I, that shall bemade mandatory under Community law. The Commission shall publishthe references of all technical specifications thus made mandatory in
theOfficial Journal of the European Communities .
2. The ensure that Annex I, which lists Eurocontrol standards to be
produced, is as complete as possible, the Commission, following theprocedure laid down in Article 6 and in consultation withEurocontrol,
may, where approrpiate, amend Annex I in accordance with amend-
ments made by Eurocontrol,
3. The Italian Republic and the Kingdom of Spain may postpone the
application of this Article for one year. If at the end of that periodthose Member States cannot apply the Eurocontrol standards the
Council shall, in accordance with the Treaty, decide on the appropriate
action to be taken.
Article 4
In order to complement, where necessary, the process of implementing
Eurocontrol standards the Commission may give standardization
mandates to European standardization bodies in accordance withDirec-
tive 83/189/EEC and in consultation withEurocontrol.
Article 5
1. Without prejudice to Directives 77/62/EEC and 90/531/EEC the
Member States shall take whatever steps are necessary to ensure that
in the general documents or specifications relating to each contractthe awarding civil entities defined in Annex II refer to the specifica-tions adopted in accordance with this Directive when purchasing air-navigation equipment.
2. To ensure that Annex II is as complete as possible, the Member
States shall notify the Commission of any changes made to their lists.The Commission shall amend Annex II in accordance with the proce-dure laid down in Article 6.
Article 6
1. The Commission shall be assisted by a committee.
2. Where reference is made to this Article, Articles 5 and 7 of Deci-
sion 1999/468/EC (
1) 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 three months.1993L0065 — EN — 20.11.2003 — 003.001 — 4
(1) Council Decision 1999/468/EC of 28 June 1999 laying down the procedures
for the exercise of implementing powers conferred on the Commission (OJ
L 184, 17.7.1999, p. 23).▼M2
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3. The Committee shall adopt its rules of procedure.
Article 7
In exercising its powers the Commission shall regularly consult the
relevant European representatives of air-navigation bodies, of air-space
users and of professional bodies. It shall inform the committee
provided for in Article 6 of the outcome of those consultations.
Article 8
1. The Commission shall regularly submit reports to the European
Parliament and to the Council on the operation of the arrangementsprovided for in this Directive, accompanied if necessary by proposalsfor the implementation of Articles 3 and 4.
2. Each year the Member States shall notify the Commission of any
measures they have introduced to achieve the objectives set in this
Directive.
Article 9
1. The Member States shall bring into force the provisions necessary
for them to comply with this Directive within one year of its adoption.
They shall forthwith inform the Commission thereof.
When then Member States adopt those provisions they shall include
references to this Directive or shall accompany them with such refer-ences on their official publication. The Member States shall lay downthe manner in which such references shall be made.
2. The Member States shall communicate to the Commission the
texts of the main provisions of national law which they adopt in the
field governed by this Directive. The Commission shall inform the
other Member States thereof.
Article 10
This Directive is addressed to the Member States.1993L0065 — EN — 20.11.2003 — 003.001 — 5
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ANNEX I
DOMAINS FOR EUROCONTROL STANDARDS AS REFERRED TO IN
ARTICLE3
Indicativelist
Communications
Navigation
Surveillance
Data-processing systemsAirspace management and air traffic management proceduresAir traffic management working rules and operational requirements
Human resources1993L0065 — EN — 20.11.2003 — 003.001 — 6
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ANNEX II
AWARDING ENTITIES RESPONSIBLE FOR THE PURCHASING OF
AIR-NAVIGATIONEQUIPMENT
EUROCONTROL
Rue de la Fusée, 96B-1130 Bruxelles
Belgium
Régie des Voies Aériennes (RVA/RLW)
Centre Communication Nord (CCN)rue du Progrès 80 Bte 2
B-1030 Bruxelles
Denmark
Statens Luftfartsvæsen
(Civil Aviation Administration)
Postbox 744
DK-Copenhagen SV
Billund Lufthavn
PO Box 10DK-7190 Billund
Københavns Lufthavne A/S
PO Box 74Flyvervej 11DK-2770 Kastrup
Germany
DFS Deutsche Flugsicherung GMBH
Kaiserleistr. 29-35D-6050 Offenbacham Main
Greece
Ministry of Transport and Communications
Civil Aviation Authority
General Directorate of Air Navigationwho delegates in particular to:
Electronics Division
Vasileos Georgiou 1PO Box 73751-16604 EllinikoGR-Athens
Spain
AENA (Aeropuertos Españoles y Navegación Aérea)
Calle Santa Engracia, 120E-Madrid
France
Ministre chargé de l'aviation civile
Direction générale de l'aviation civile48, rue Camille DesmoulinsF-92452 Issy les Moulineaux Cedex
and, where competent:Aéroport de Paris
291, Boulevard Raspail
F-75675 Paris Cedex 141993L0065 — EN — 20.11.2003 — 003.001 — 7
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Ireland
The Irish Aviation Authority
Aviation House
Hawkins Street
IRL-Dublin 2
Aer Rianta Cpt.
Dublin AirportIRL-County Dublin
Italy
ENAV
Ente Nazionale di Assistenza al VoloVia Salaria, 715I-00138 Roma
Luxembourg
Ministère des Transports
Direction de l'Aviation civileL-2938 Luxembourg
TheNetherlands
Luchtverkeersbeveiliging
Postbus 7601NL-1118 ZJ Luchthaven Schiphol
Austria
Austro Control GmbH
Schnirchgasse 11A-1030 Wien
Austria
Austro Control GmbH
Schnirchgasse 11A-1030 Wien
Portugal
ANA-E.P. (Empresa Pública de Aeroportos e Navegação Aérea).
Rua D, Edifício 120Aeroporto de Lisboa
P-1700 Lisboa
Finland
Ilmailulaitos — Luftfartsverket
P.O. Box 50
FIN-01531 Vantaa
Acquisitions for small airports and aerodromes may be made by local
authorities or by the owners.
Finland
Ilmailulaitos/Luftfartsverket
(CAA Finland)PO Box 50FIN-01531 Vantaa
Sweden
Luftfartsverket
S-601 79 Norrköping1993L0065 — EN — 20.11.2003 — 003.001 — 8
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Sweden
SwedishCivil Aviation Administration
Luftfartsverket
Vikboplan 11
S-601 79 Norrköping
UnitedKingdom
National Air Traffic Services Ltd
CAA House
45-59 Kingsway
UK-London WC2B 6TE1993L0065 — EN — 20.11.2003 — 003.001 — 9