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"BCOUNCIL DIRECTIVE 93/65/EEC
of 19 July 1993
on the definition and use of compatible technical specifications for the procurement of
air-traffic-management equipment and systems
(OJ L 187, 29.7.1993, p. 52)
Amended by:
Official Journal
No page date
"M1 Commission Directive 97/15/EC of 25 March 1997 L 95 16 10.4.1997
Amended by:
"A1 Act of Accession of Austria, Sweden and Finland C 241 21 29.8.1994
(adapted by Council Decision 95/1/EC, Euratom, ECSC) L 1 1 1.1.19951993L0065 — EN — 30.04.1997 — 002.001 — 1
COUNCIL DIRECTIVE 93/65/EEC
of 19 July 1993
on the definition and use of compatible technical specifications for
the procurement of air-traffic-management equipment and systems
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic
Community, 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 Aviation Organization
(ICAO) provisions, which allow national or local interpretation;
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 technical
and operational incompatibilities which now hinder the transfer of
controlled flights between traffic-control bodies in different Member
States;
Whereas the important work undertaken by the European Civil Aviation
Conference (ECAC) and Eurocontrol in the field of air-traffic manage-
ment and the relevant conclusions adopted by ECAC Ministers in April
1990 and March 1992 should 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
facilitated if all Member States acceded to the International Convention
relating 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 International
Convention relating to Cooperation for the Safety of Air Navigation
would be facilitated if those Member States which are already
Contracting Parties to that Convention would strive within Eurocontrol
to adopt, where appropriate, measures aimed at facilitating such
accession;
Whereas the technical specifications adopted by Eurocontrol comply
with ICAO recommended standards and practices;
Whereas the Commission, assisted by a committee of representatives of
the Member States, should be authorized, in accordance with the
procedure laid down in Council Decision 87/373/EEC of 13 July 1987
laying down 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 Eurocontrol
and the European standardization bodies should cooperate with each
other;!B
(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. 33.1993L0065 — EN — 30.04.1997 — 002.001 — 2
Whereas it should be specified that in accordance with Council Directive
83/189/EEC of 28 March 1983 laying down a procedure for the provision
of information in the field of technical standards and regulations (1)
the Commission may, after consulting Eurocontrol, give European
standardization bodies mandates to draw up European standards 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 the
other 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 present problems
in Europe;
Whereas safety is a key factor in air transport in the Community;
whereas this Directive should take account of the existence of the
Convention on International Civil Aviation, signed in Chicago on 7
December 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 coor-
dinating procedures for the award of public supply contracts (2) and
90/531/EEC of 17 September 1990 on the procurement procedures of
entities operating in the water, energy, transport and telecommunications
sectors (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 Community legal
system must be complied with in all Member States,
HAS ADOPTED THIS DIRECTIVE:
Article 1
This Directive shall apply to the definition and use of compatible
technical specifications for the procurement of air-traffic-management
equipment 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
characteristics 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 the use
for which it is intended by the contracting entity. Such technical
prescriptions may include quality, performance, safety and dimen-
sions, as well as requirements applicable to the material, product or
supply as regards quality assurance, terminology, symbols, testing
and test methods, packaging, marking and labelling;!B
(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. 1.1993L0065 — EN — 30.04.1997 — 002.001 — 3
(b) standard shall mean a technical specification approved by a
recognized standardization body for repeated or continuous
application, compliance with which is 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
application of which is recognized as essential for the implemen-
tation of an integrated air trafic services (ATS) system (the
mandatory elements 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 and subsequent
Eurocontrol amendments to those Eurocontrol standards, in particular
those relating to the areas listed in Annex I, that shall be made mandatory
under Community law. The Commission shall publish the references of
all technical specifications thus made mandatory in the Official 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 the
procedure laid down in Article 6 and in consultation with Eurocontrol,
may, where approrpiate, amend Annex I in accordance with amendments
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 period those
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 with
Directive 83/189/EEC and in consultation with Eurocontrol.
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 contract the
awarding civil entities defined in Annex II refer to the specifications
adopted in accordance with this Directive when purchasing air-navi-
gation 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 procedure
laid down in Article 6.
Article 6
1. The Commission shall be assisted by a committee consisting of
representatives of the Member States and chaired by a representative of
the Commission.
2. The Commission representative shall submit to the committee a draft
of the measures to be taken. The committee shall deliver its opinion on
the draft within a time limit which the chairman may lay down according
to the urgency of the matter. The opinion shall be delivered by the
majority laid down in Article 148 (2) of the Treaty in the case of
decisions which the Council is required to adopt on a proposal from the
Commission. The votes of the Member States’ representatives within the
committee shall be weighted in the manner laid down in that Article. The
chairman shall not vote.!B1993L0065 — EN — 30.04.1997 — 002.001 — 4
3. The Commission shall adopt the measures envisaged if they are in
accordance with the committee’s opinion.
4. If the measures envisaged are not in accordance with the committee’s
opinion or if the committee delivers no opinion the Commission shall
without delay submit to the Council a proposal concerning the measures
to be taken. The Council shall act by a qualified majority.
5. If the Council does not act within three months of the referral to it
the Commission shall adopt the proposed measures unless the Council
has decided against those measures by a simple majority.
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 arrangements
provided for in this Directive, accompanied if necessary by proposals for
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
references on their official publication. The Member States shall lay
down the 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.!B1993L0065 — EN — 30.04.1997 — 002.001 — 5
ANNEX I
DOMAINS FOR EUROCONTROL STANDARDS AS REFERRED TO IN
ARTICLE 3
Indicative list
Communications
Navigation
SurveillanceData-processing systemsAirspace management and air traffic management procedures
Air traffic management working rules and operational requirements
Human resources!
M11993L0065 — EN — 30.04.1997 — 002.001 — 6
ANNEX II
A W ARDING ENTITIES RESPONSIBLE FOR THE PURCHASING OF
AIR-NA VIGATION EQUIPMENT
EUROCONTROL
Rue de la Fusée, 96
B-1130 Bruxelles
Belgium
Régie des V oies Aériennes (RV A/RLW)
Centre Communication Nord (CCN)rue du Progrès 80 Bte 2B-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 11
DK-2770 Kastrup
Germany
DFS Deutsche Flugsicherung GMBH
Kaiserleistr. 29-35
D-6050 Offenbach am Main
Greece
Ministry of Transport and Communications
Civil Aviation AuthorityGeneral Directorate of Air Navigationwho delegates in particular to:
Electronics Division
Vasileos Georgiou 1PO Box 73751-16604 Elliniko
GR-Athens
Spain
AENA (Aeropuertos Españoles y Navegación Aérea)
Calle Santa Engracia, 120
E-Madrid
France
Ministre chargé de l’aviation civile
Direction générale de l’aviation civile48, rue Camille Desmoulins
F-92452 Issy les Moulineaux Cedex
and, where competent:
Aéroport de Paris
291, Boulevard RaspailF-75675 Paris Cedex 14!
B
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Ireland
The Irish Aviation Authority
Aviation HouseHawkins Street
IRL-Dublin 2
Aer Rianta Cpt.
Dublin Airport
IRL-County Dublin
Italy
ENA V
Ente Nazionale di Assistenza al V olo
Via Salaria, 715I-00138 Roma
Luxembourg
Ministère des Transports
Direction de l’Aviation civileL-2938 Luxembourg
The Netherlands
Luchtverkeersbeveiliging
Postbus 7601
NL-1118 ZJ Luchthaven Schiphol
Austria
Austro Control GmbH
Schnirchgasse 11
A-1030 Wien
Austria
Austro Control GmbH
Schnirchgasse 11
A-1030 Wien
Portugal
ANA-E.P . (Empresa Pública de Aeroportos e Navegação Aérea).
Rua D, Edifício 120Aeroporto de LisboaP-1700 Lisboa
Finland
Ilmailulaitos — Luftfartsverket
P .O. Box 50FIN-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!
B
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Sweden
Luftfartsverket
S-601 79 Norrköping
Sweden
Swedish Civil Aviation Administration
LuftfartsverketVikboplan 11S-601 79 Norrköping
United Kingdom
National Air Traffic Services Ltd
CAA House45-59 Kingsway
UK-London WC2B 6TE!
A1
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