Proposal for a Directive of the European Parliament and of the Council on a Community Air Traffic Controller Licence
Date: 2004-07-12
Institutions: European Commission
Subjects: International Civil Aviation Organisation, air safety, air traffic, air traffic control, diploma, vocational training

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 12.07.2004 
COM(2004) 473 final 

2004/0146 (COD) 

Proposal for a 

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

on a Community Air Traffic Controller Licence 

(presented by the Commission) 

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EXPLANATORY MEMORANDUM 

1. 

INTRODUCTION 

European  airspace  remains  one  of  the  world’s  most  congested  traffic  environments. 
Fragmentation of the air management system into national isles of rules, procedures, markets 
and performance levels was identified by the High Level Group on the Single European Sky 
as the main impediment to making substantial progress in this industry. The Single European 
Sky  package  tackles these  different  forms  of  fragmentation  through  a  number  of  initiatives: 
certification  of air navigation  service providers, establishment of functional airspace  blocks, 
harmonisation  of  airspace  classification,  interoperability  of  equipment,  etc.  The  Community 
air  traffic  controller  licence  also  does  this  through  the  establishment  of  Community  rules 
leading  to  higher  levels  of  competence  which  will  become  more  comparable  at  European 
level. This is all the more important as air traffic management is a labour-intensive industry 
with a market of about €6bn. About 60% of air navigation costs are personnel-related.  

In  2001,  the  European  (15  Member  States)  air  traffic  management  industry  had  an  overall 
labour force of about 33,000, some 35% or about 13,500 of them air traffic controllers. The 
profession of air traffic controller holds a key position in the safety chain. The directive would 
cover  all  these  air  traffic  controllers,  together  with  military  controllers  involved  in  the 
provision of air traffic control to general air traffic. 

2. 

ELEMENT OF SINGLE EUROPEAN SKY PACKAGE 

Adoption  of  the  four  regulations  composing  the  Single  European  Sky  package  will 
fundamentally change the air traffic management landscape. This complementary proposal for 
a Community air traffic controller licence is important for several reasons. 

The licence contributes to the balance between the different elements of the Single European 
Sky  package,  to  ensure  that  not  only  institutional,  economic  or  technical  aspects  are  dealt 
with, but also social aspects. 

The  licence  is  part  of  a  wider  safety  policy  enshrined  in  the  package:  it  should  provide  the 
opportunity to revise or reinforce safety aspects of air traffic management and introduce high 
standards for the training system.  

The Single European Sky legislation will lead to the establishment of cross-border functional 
airspace  blocks.  The  consolidation  process  of  air  navigation  service  providers  will  require 
more  flexible  use  of  manpower.  The  licence  will  facilitate  the  organisation  of  transnational 
work.  

The proposal will recognise training as a specific service and contribute to the quality of the 
different types of training. The certification process would effectively create a level playing 
field for training services. 

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3. 

PREPARATORY WORK 

In order to prepare this legislative initiative the Commission had launched a study to present 
the state of licensing in the different Member States. The study revealed  that, despite many 
international  regulations,  issued  by  ICAO  or  by  Eurocontrol,  licensing  remains  highly 
fragmented  in  the  EU  Member  States.  The  study  recommended  that  Community  legislation 
should cover the following areas: 

–  Age limitations, validity of rating endorsements and unit endorsements should be provided 

in relation to the conditions for obtaining and maintaining a licence. 

–  Competency  checking  of  controllers,  the  training  process  and  the  requirements  for 
examinations,  including  linguistic  qualifications  and  assessments,  should  be  described  in 
relation to candidate training and competence standards. 

–  All  facilities  should  be  accredited,  and  instructor  qualification  requirements  should  be 

specified in relation to recognition of Training Institutes and Training Units. 

–  The  circumstances  and  the  appeal  process  should  be  described  concerning  the  rights  for 

candidates who fail examinations and controllers who fail assessments. 

–  The  distinction  should  be  transparent  and  clearly  defined  in  relation  to  independence 

between Regulatory Authorities and Service Providers. 

–  A  European  standard  for  recognition  of  training  institutes  is  strongly  recommended, 

including a transparent and continuous self-assessment system. 

–  Although the  introduction of  a Community air traffic  controller licence  is  welcomed, the 
Directive  should  carefully  differentiate  what  should  be  regulated  at  EU  level  and  what 
should be left to national consideration. 

–  Proper social dialogue is a key contributing element to the provision of safe and efficient 
air traffic control services and, as such, the proposed Directive should include a reference 
regarding the recognition of licences from third countries. 

–  Mutual  recognition  of  the  Community  licence  or  certificate  of  competency  can  only  be 

effective if the knowledge behind the licence is the same. 

4. 

PREPARATION OF THE DIRECTIVE 

Licensing of air traffic controllers is a long-standing tradition. ICAO regulations on licensing 
cover  include  requirements  on  age,  knowledge,  ratings,  experience,  languages  and  medical 
fitness.  Eurocontrol  has  adopted  its  Eurocontrol  Safety  Regulatory  Requirement  No  5 
(ESARR5)  on  Air  Traffic  Management  services  personnel,  together  with  a  series  of 
acceptable means to comply with ESARR5. The requirements on air traffic controllers were 
due  to  be  implemented  by  10 November 2003.  These  requirements  are  addressed  to 
Designated Authorities, Providers of air traffic services and to individuals. The Commission 
proposal transposes the relevant requirements of this ESARR into Community law. 

ESARR5 is supported by a range of material developed by Eurocontrol in order to facilitate 
its implementation, to mention the European manual on personnel licensing giving the details 

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of ratings and endorsement structure; the common core content, providing a European wide 
common ground for air traffic controller licence and the medical requirements. The value of 
this  material  is  widely  recognised  throughout  Europe  and  it  has  provided  for  the  essential 
elements  of  this  proposal,  de  facto  paving  the  way  for  the  introduction  of  the  Community 
licence.  Given  the  compatibility  between  the  Community  legislation  and  ESARR5,  the 
Eurocontrol  deliverables  can  continue  to  play  their  role  to  ensure  in  an  effective 
implementation of the Community legislation. 

The  preparatory  study  revealed  that,  despite  the  existing  international  regulation,  national 
traditions are strong, yielding a variable level of quality and producing competencies which 
are difficult to compare. This fragmentation is no longer acceptable in a Community context, 
as  it  may  lead  to  an  increased  safety  hazard  in  Europe’s  congested  airspace.  The 
harmonisation of air traffic controllers’ licences will add to safety as competence levels will 
be harmonised inside and between service providers, contributing to a more efficient and safer 
interface between them. This will lead to more efficient organisation of the labour market for 
air  traffic  controllers,  increasing  their  availability  and  facilitating  the  establishment  of 
functional airspace blocks. The licence will make the freedom of movement more effective by 
eradicating the current discretion which some Member States take with regard to the mutual 
recognition of each others’ licences. 

5. 

PRINCIPLES UNDERLYING THE DIRECTIVE 

Given  the  fact  that  most  of  the  Member  States  already  have  legislation  in  place  based  on 
ICAO  principles  and  that  they  are  currently  implementing  Single  European  Sky  legislation 
and ESARR5, it is of the utmost importance to ensure full consistency with this directive. 

5.1. 

Coherence with Single European Sky package 

In  the  same  way  as  air  navigation  services,  training  provision  would  be  made  subject  to 
certification.  As  a  particular  training  market  is  created,  special  attention  will  be  paid  to 
adequate safeguards to avoid ‘training dumping’. The two main tools to avoid such dumping 
are  the  list  of  competencies  which  describe  the  output  level  of  the  training  process  and  the 
certification  requirements  to  become  a  European  training  provider.  Only  certified  training 
providers would be enabled to submit courses and training plans for approval to the national 
supervisory authorities. 

5.2. 

Coherence with existing regulations 

The  Single  European  Sky  legislation  and  in  particular  Article 4  of  the  Service  Provision 
Regulation provides for the transposition of ESARRs into Community law. This directive is 
the transposition of all mandatory requirements relating to air traffic controllers and supports 
actions  already  undertaken  by  Member  States  in  their  effort  to  implement  ESARR5.  As  the 
directive  contains  many  more  safety-critical  elements,  such  as  the  certification  of  training 
providers  or  the  obligation  to  audit  the  complete  licensing  chain,  mere  implementation  of 
ESARR5  is  not  sufficient  for  implementing  the  directive.  On  the  other  hand,  as  there  is  no 
incompatibility between this directive and ESARR5, Member States may choose Eurocontrol 
deliverables as instruments for implementing the directive. 

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5.3. 

Comparison with other Community licences 

The  directive  goes  beyond  the  existing  licences  in  civil  aviation  for  pilots  (91/670/EEC), 
which is a directive on the mutual recognition of national diplomas. It is more comparable to 
licences in the maritime and railway sectors (proposal contained in COM(2004)142) whereby 
rules on competencies are set at European level and not left to Member States’ discretion. The 
seafarer  licence  (01/25/EC)  puts  into  operation  the  International  Maritime  Organisation 
Convention  on  Standards  of  Training,  Certification  and  Watch-keeping  for  Seafarers.  The 
difference  with  this  directive  is  that  the  seafarers’  licence  also  sets  out  to  promote 
employment of Community seafarers by imposing training standards for all personnel of ships 
calling  at  Community  ports.  It  is  clear  that  this  Directive  for  air  traffic  controllers  will  also 
have authority beyond Community borders.  

6. 

STRUCTURE AND CONTENT OF THE DIRECTIVE 

The purpose of the directive is to lay down rules on all the elements of the licensing chain.  

Article 1 

This Article specifies the objectives of the proposal for a Directive and its scope.  

Article 2 

This Article defines the terms used in the Directive.  

Article 3 

This  Article  makes  the  institutional  framework  laid  down  in  the  Single  European  Sky 
legislation applicable to training. Training is to be seen as a service similar to air navigation 
services, including the possibility of inspections and surveys. 

Article 4 

This  Article  sets  the  basic  principles  of  the  licensing  scheme:  establishment  of  a  labour 
market  for  air  traffic  control  activities  and  basic  characteristics  of  the  licence,  which 
incorporates both the competencies of its holder and the authorisation given by the national 
supervisory authority.  

Articles 5 and 6 

These Articles specify the conditions for obtaining and maintaining a licence.  

Article 7 

This Article represents the harmonisation of competencies by imposing a structure of ratings 
and endorsements which specify the type of service that the air traffic controller is competent 
to deliver.  

Article 8 

This Article enforces the latest amendments to ICAO Annex I on linguistic requirements.  

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Article 9 

This Article refers to the recently adopted medical requirements developed by Eurocontrol.  

Articles 10 and 11 

These Articles specify the conditions to become a certified training provider. Full consistency 
with certification of other air navigation services is ensured. 

Article 12 

This Article gives further guarantees for a high level of competence, amongst others through 
the auditing requirement and the approval system of examiners.  

Article 13 

This  Article  specifies  how  mutual  recognition  is  to  be  managed,  confirming  the  principles 
established by case law of the European Court of Justice. 

Articles 14 to 18 

These  Articles  contain  standard  provisions  regarding  the  use  of  the  committee  procedure, 
penalties and incorporation of the Directive into national legislation.  

Annex I 

This  Annex  gives  the  content  of  the  training  required  to  acquire  and  keep  current  the 
competencies. 

Annex II 

This Annex specifies the linguistic requirements, taken over from ICAO.  

Annex III 

This  Annex  lists  the  certification  criteria  to  become  a  training  provider  and  identifies  the 
conditions which a national supervisory authority may attach to a certificate. 

7. 

CONSULTATION PHASE 

On  the  basis  of  the  recommendations  of  the  study,  an  internal  working  document  was 
prepared,  building  on  experience  gathered  in  ICAO,  Eurocontrol  and  Member  States.  The 
working  document  was  extensively  discussed  at  meetings  with  trade  unions,  employers’ 
organisations, Eurocontrol and national administrations. The document takes due account of 
all the comments made during the consultation phase. 

8. 

ECONOMIC AND FINANCIAL IMPACT OF THE DIRECTIVE 

The impact of the directive will vary according to the training standards already in place in 
the different Member States. 

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Costs for public administrations: 

There are no additional costs associated with the issuance of the licence as such, because all 
Member  States  already  have  a  system  of  licences.  Depending  on  the  current  level  of 
monitoring and auditing, administrations may need to be reinforced to cope with the tasks laid 
down in the directive within a reasonable period of time, e.g. to deliver an approval.  

The  Directive  explicitly  provides  for  the  possibility  of  outsourcing,  e.g.  auditing  can  be 
delegated to recognised organisations.  

The costs for supervision can either be charged to the providers applying for certification and 
approval, or can be included in the cost base of the charging regime. 

Costs for air navigation service providers: 

Here,  too,  the  costs  will  depend  on  the  current  level  of  quality  of  the  training  system.  The 
Directive  brings  the  quality  of  the  output  of  the  training  system  up  to  the  level  required  to 
cope with the safety requirements stemming from Europe’s dense and complex traffic system. 
As  the  preparatory  study  has  revealed  a  patchwork  of  different  situations  throughout  the 
Union, a uniform cost/benefit analysis is not possible. Moreover, it is difficult to distinguish 
between the cost of this Directive and the costs triggered by other Community legislation or 
by ICAO or Eurocontrol requirements. A number of qualitative indications only can be given. 

By setting high standards for initial training and by enforcing more guarantees for neutral and 
objective examiners during unit training, the success rate of unit training should increase. It 
must  be  remembered  that  the  overall  training  costs  of  an  air  traffic  controller,  including 
salary, are estimated at between €150,000 and €400,000. Hence, failures at the very end of the 
training are quite expensive. 

The cost of extra-manning due to higher standards for unit or continuation training is limited 
due  to  the  appropriate  use  of  subsidiarity,  whereby  national  supervisory  authorities  are  best 
placed  to  judge  on  the  functional  needs  of  the  units  when  approving  training  plans  or 
competence schemes. 

The  cost  for  the  follow-up  of  the  different  elements  of  the  licensing  chain  may  slightly 
increase,  due  in  part  to  keeping  records  for  auditing.  Again,  additional  costs  specifically 
triggered by this Directive must be assessed against costs stemming from other requirements, 
e.g. quality and safety management systems.  

Harmonised  competencies  will  increase  safety  and  make  for  more  efficient  organisation  of 
work, including the establishment of functional airspace blocks. 

Conclusions: 

All  in  all,  the  possible  increase  of  costs  in  the  short  term  should  be  offset  by  cost  saving 
through more rational use of the workforce in the longer term. Last but not least, the Directive 
will increase the safety of the flying public. 

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9. 

FINANCIAL IMPACT 

This proposal does not include a financial statement. 

An existing Committee (Single Sky Committee, as established by Article 5 of the Framework 
Regulation  (2004/549/EC))  will  be  used  for  the  decision-making  procedures  established  by 
this proposal.  

10. 

CONCLUSIONS 

The  Commission  therefore  proposes  that  the  European  Parliament  and  the  Council  should 
adopt the enclosed proposal for a Directive. 

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2004/0146 (COD) 

Proposal for a 

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

on a Community Air Traffic Controller Licence 

(Text with EEA relevance) 

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  establishing  the  European  Community,  and  in  particular 
Article 80(2) thereof, 

Having regard to the proposal from the Commission,1 

Having regard to the opinion of the European Economic and Social Committee,2 

Having regard to the opinion of the Committee of the Regions,3 

Acting in accordance with the procedure laid down in Article 251 of the Treaty,4 

Whereas: 

(1) 

(2) 

Implementation  of  the  Single  European  Sky  legislation  requires  the  establishment  of 
more detailed legislation, in particular on arrangements concerning the licensing of air 
traffic  controllers,  in  order  to  improve  their  availability  and  to  promote  the  mutual 
recognition  of  licences,  as  foreseen  in  Article 5  of  Regulation  (EC)  No  550/2004  of 
the European Parliament and of the Council of 10 March 2004 on the provision of air 
navigation services in the single European sky (the service provision Regulation)5. 

The introduction of such a Community licence is a means of recognising the specific 
role  which  air  traffic  controllers  play  in  the  safe  provision  of  air  traffic  control.  The 
establishment of Community competence standards will also reduce fragmentation in 
this field, making for more efficient organisation of work in the framework of growing 
regional  collaboration  between  air  navigation  service  providers.  This  Directive  is 
therefore an essential part of the Single European Sky legislation. 

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3 
4 
5 

OJ 
OJ 
OJ 
OJ 
OJ L 96, 31.03.2004, p. 10 

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(3) 

(4) 

A  Directive  is  the  most  suitable  instrument  to  set  standards  for  competencies  which 
leave it to the Member States to decide on the ways to achieve the commonly agreed 
standards. 

This Directive should build on existing international standards. The International Civil 
Aviation  Organization  (ICAO)  has  adopted  provisions  on  air  traffic  controller 
licensing, including linguistic requirements. The European Organisation for the Safety 
of  Air  Navigation  (Eurocontrol)  set  up  by  the  International  Convention  of 
13 December 1960  relating  to  Co-operation  for  the  Safety  of  Air  Navigation  has 
adopted Eurocontrol Safety Regulatory Requirements. In accordance with Article 4 of 
Regulation (EC) No 550/2004 this Directive transposes the requirements laid down in 
Eurocontrol Safety Regulatory Requirement No 5 relevant to air traffic controllers. 

(5) 

The particular characteristics of Community air traffic call for effective application of 
Community  competence  standards  for  air  traffic  controllers  employed  by  air 
navigation service providers involved in general air traffic. 

(6)  Where  Member  States 

to  ensure  compliance  with  Community 
requirements,  the  authorities  performing  supervision  and  verification  of  compliance 
should be sufficiently independent of training providers. The authorities must also be 
capable of performing their tasks efficiently. 

take  action 

(7) 

(8) 

(9) 

The  provision  of  air  navigation  services  requires  highly  skilled  personnel  whose 
competencies  can  be  demonstrated  by  several  means.  For  air  traffic  control  the 
appropriate  means  is  the  Community  licence,  to  be  seen  as  a  kind  of  diploma, 
belonging to the individual air traffic controller. The rating on a licence indicates the 
type of air traffic service an air traffic controller is competent to provide. At the same 
time, the endorsements included on the licence reflect both the specific competencies 
of the controller and the authorisation of the supervising instances to provide services 
for  a  particular  sector  or  group  of  sectors.  That  is  why  the  authorities  must  be  in  a 
position  to  evaluate  the  competencies  of  the  air  traffic  controllers  when  issuing 
licences or extending the validity of the endorsements; the authorities must also be in a 
position to suspend the licence by withdrawing the endorsements of the licence when 
the competence is in doubt. In an effort to promote a just culture, this Directive should 
not  make  an  automatic  link  between  an  incident  and  the  suspension  of  the  licence. 
Withdrawal  of  the  licence  should  be  considered  as  the  last  resort  for  extreme  cases 
which have no relation with competence in doubt. 

In order to build the confidence of Member States in each others’ licensing systems, 
Community  rules  on  obtaining  and  maintaining  the  licence  are  indispensable.  It  is 
therefore  important  to  harmonise  the  entrance  conditions  to  the  air  traffic  controller 
profession.  This  should  lead  to  the  recognition  of  the  licences  throughout  the 
Community, thereby increasing freedom of movement and improving the availability 
of air traffic controllers. 

In order to make competencies comparable throughout the Community,  they need to 
become structured in a clear and generally accepted way. This will help to guarantee 
safety  not  only  within  the  airspace  under  control  of  one  air  navigation  service 
provider, but especially at the interface between different service providers. 

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(10)  The  objectives of initial training are described in the guidance material developed at 
the  request  of  the  members  of  Eurocontrol  and  are  considered  as  the  appropriate 
standards. For unit training the lack of generally accepted standards needs to be offset 
by a range of measures, including the approval of examiners, which should guarantee 
high standards of competence.  This is  all the  more important as  unit training is very 
costly and safety-critical. 

(11) 

In  many  incidents  and  accidents,  communication  plays  a  significant  role.  ICAO  has 
therefore  adopted  language  knowledge  requirements.  This  Directive  is  the  means  to 
enforce these internationally accepted standards. 

(12)  Medical  requirements  have  been  developed  at  the  request  of  Eurocontrol  Member 

States and are considered as an acceptable means of compliance. 

(13)  Certification  of  training  provision  should  be  considered  as  one  of  the  safety-critical 
pillars  contributing  to  the  quality  of  training.  Training  should  be  seen  as  a  service 
similar to air navigation services, also subject to a certification process. This Directive 
should  make  it  possible  to  certify  training  by  type  of  training,  by  bundle  of  training 
services  or  by  bundle  of  training  and  air  navigation  services,  without  losing  sight  of 
the particular characteristics of training. Appropriate treatment should also be given to 
training  institutes,  preparing  the  grant  of  military  licences,  in  order  to  cover  military 
air traffic controllers as far as possible. 

(14)  This Directive confirms longstanding jurisprudence of the European Court of Justice 
in the field of mutual recognition of diplomas and freedom of movement of workers. 
The  principle  of  proportionality,  the  need  for  equivalence  assessment,  the  reasoned 
justification to impose compensation measures and the provision of appropriate appeal 
procedures  constitute  basic  principles  which  need  to  become  applicable  to  the  air 
traffic management sector in a more visible manner. 

(15)  The profession of air traffic controller is subject to technical innovations which require 
regular updating of their competencies. The directive should allow such adaptations to 
technical developments and scientific progress through the use of comitology. 

(16)  This  Directive  may  have  an  impact  on  the  daily  working  practices  of  air  traffic 
controllers.  The  social  partners  should  be  informed  and  consulted  in  an  appropriate 
way  on  all  measures  having  significant  social  implications.  Therefore,  the  Sectoral 
Dialogue  Committee  set  up  under  Commission  Decision  1998/500/EC  of 
20 May 1998  on  the  establishment  of  Sectoral  Dialogue  Committees  promoting  the 
dialogue between the social partners at European level6 have been consulted. 

(17)  The Member States should lay down the rules on penalties applicable to infringements 
of  the  national  provisions  adopted  pursuant  to  this  Directive  and  shall  take  all 
measures  necessary  to  ensure  that  they  are  implemented.  Those  penalties  should  be 
effective, proportionate and dissuasive. 

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OJ L 225, 12.8.1998, p. 27 

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(18)  The measures necessary for the implementation of this Directive should be adopted in 
accordance  with  Council  Decision  1999/468/EC  of  28 June 1999  laying  down  the 
procedures for the exercise of implementing powers conferred on the Commission7,  

HAVE ADOPTED THIS DIRECTIVE: 

Article 1 
Objective and Scope 

1. 

2. 

The  objective  of  this  Directive  is  to  increase  safety  standards  and  to  improve  the 
operations  of  the  Community  air  traffic  control  system  through  the  issuance  of  a 
Community air traffic controller licence. 

The  licence  shall  establish  the  conditions  to  access  and  to  exercise  the  air  traffic 
controller profession. 

This Directive shall apply to applicants for a student air traffic controller licence and 
to air traffic controllers employed by air navigation service providers offering their 
services primarily to general air traffic. 

Article 2 
Definitions 

For the purposes of this Directive, the following definitions shall apply: 

1. 

2. 

3. 

4. 

5. 

“air traffic controller” means the person entitled to provide air traffic control services 
either under the supervision of an on the job training instructor or independently; 

“air traffic control service” means a service provided for the purpose of preventing 
collisions  between  aircraft,  and  on  the  manoeuvring  area  between  aircraft  and 
obstructions, and expediting and maintaining an orderly flow of air traffic; 

"air  navigation  service  providers"  means  any  public  or  private  entity  providing  air 
navigation services for general air traffic; 

“licence”  means  a  certificate  by  whatever  name  it  may  be  known,  issued  and 
endorsed in accordance with this Directive and entitling its lawful holder to provide 
air traffic control services in accordance with the privileges contained therein; 

“rating” means the authorisation entered on or associated with a licence and forming 
part  thereof,  stating  special  conditions,  privileges,  or  limitations  pertaining  to  such 
licence; the ratings on a licence are at least one of the following: 

a) 

b) 

c) 

aerodrome control visual; 

aerodrome control instrument; 

approach control procedural; 

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d) 

approach control surveillance; 

e) 

f) 

area control procedural; 

area control surveillance; 

6. 

“endorsement” means the authorisation entered in a licence, in particular: 

a  rating  endorsement  indicating  the  specific  conditions,  privileges  or 

a) 
limitations pertaining to the rating, 

a  unit  endorsement  indicating  the  ICAO  location  indicator  and  the  sectors 

b) 
and/or working positions where the holder of the licence is competent to work, 

c) 

a language endorsement indicating the language proficiency of the holder, and 

an  instruction  endorsement  indicating  the  competence  to  give  on-the-job-

d) 
training instruction; 

it may relate to a rating or to the licence and will form part thereof; 

7. 

8. 

9. 

“ICAO  location  indicator”  means  the  four-letter  code  group  formulated  in 
accordance with rules prescribed by ICAO in its manual DOC 7910 and assigned to 
the location of an aeronautical fixed station; 

“sector”  means  a  part  of  a  control  area  and/or  part  of  a  flight  information 
region/upper region; 

“training”  is  the  entirety  of  theoretical  courses,  practical  exercises,  including 
simulation, and on the job training required in order to acquire the competencies to 
deliver safe and high quality air traffic control services; it consists of: 

initial  training,  providing  basic  and  rating  training,  leading  to  the  grant  of  a 

a) 
student licence; 

unit  training,  including  transitional,  pre-on-the-job  training,  and  on  the  job 

b) 
training, leading to the grant of an air traffic controller licence; 

c) 

continuation training, keeping the endorsements of the licence valid; 

training  of  on-the-job  training  instructors,  leading  to  the  grant  of  the  on-the-

d) 
job-training instructor endorsement; 

e) 

training of examiners and/or assessors; 

10. 

“training  provider”  is  an  organisation  which  has  been  certified  by  the  national 
supervisory  authority  to  provide  one  or  more  types  of  training  as  defined  in  this 
Article,  and  which  is,  for  that  purpose,  entitled  to  submit  training  courses,  unit 
training plans or unit competence schemes for approval; 

EN 

13 

   EN 

 
11. 

12. 

“competence requirements laid down in the objectives of the Guidelines for Common 
Core Content and Training Objectives for Air Traffic Controllers’ Training” are the 
objectives  which  student  air  traffic  controllers  shall  achieve  for  basic  and  rating 
training,  as  described  in  Eurocontrol,  ‘Guidelines  for  Common  Core  Content  and 
Training  for  Air  Traffic  Controllers’  Training  (Phase  1:Revised),  HRS/TSP-002-
GUI-01, second edition of 20.07.2001; and in Eurocontrol, ‘Guidelines for Common 
Core  Content  and  Training  for  Air  Traffic  Controllers’  Training  (Phase  II), 
HUM.ET1.ST05.1000-GUI-02, first edition of 20.07.2000; 

“Requirements  for  European  Class  3  Medical  Certification  of  Air  Traffic 
Controllers”  are  the  requirements  laid  down  in  Eurocontrol,  Requirements  for 
European  Class  3  Medical  Certification  of  Air  Traffic  Controllers, 
HUM.ET1.ST08.10000-STD-02, first edition of 31.01.2003; 

13. 

“Unit Competence Scheme” is an approved scheme indicating the method by which 
the unit maintains the competence of its licence holders. 

1. 

2. 

3. 

1. 

2. 

3. 

Article 3 
National Supervisory Authorities 

Member  States  shall  nominate  or  establish  a  body  or  bodies  as  their  national 
supervisory authority in order to assume the tasks assigned to such authority under 
this Directive. 

The national supervisory authorities shall be independent of training providers. This 
independence shall be achieved through adequate separation, at the functional level 
at least, between the national supervisory authorities and such providers.  

Member  States  shall  ensure  that  national  supervisory  authorities  exercise  their 
powers impartially and transparently. 

Member  States  shall  notify  the  Commission  of  the  names  and  addresses  of  the 
national  supervisory  authorities,  as  well  as  changes  thereof,  and  of  the  measures 
taken to ensure compliance with paragraph 2. 

Article 4 
Licensing principles 

The Member States shall ensure that air traffic control services will only be provided 
by appropriately licensed air traffic controllers. 

Licences  shall  be  granted  to  all  persons  who  are  competent  to  act  as  an  air  traffic 
controller or as a student air traffic controller. 

The grant of the licence shall be subject to the inclusion of: 

(a) 

one or more ratings for the student air traffic controller licence and, 

(b) 

one or more ratings and endorsements for the air traffic controller licence. 

EN 

14 

   EN 

 
4. 

5. 

6. 

The applicants for a licence shall furnish the evidence that they are competent to act 
as  air  traffic  controllers  or  as  student  air  traffic  controllers.  This  evidence 
demonstrating  their  competence  shall  relate  to  knowledge,  experience,  skills  and 
linguistic proficiency. 

The licence shall remain the property of the person to whom the licence is granted 
and who shall sign it.  

The licence can be suspended when the competence of the air traffic controller is in 
doubt or in case of gross negligence. It can only be withdrawn in case of abuse. 

The  student  air  traffic  controller  licence  shall  authorise  the  holder  to  provide  air 
traffic control services under the supervision of an on-the-job-training-instructor. For 
that purpose, the student licence shall include the rating specifying which type of air 
traffic control service the holder of the licence is being trained to provide. 

7. 

A licence is only valid if it contains a current medical certificate. 

Article 5 
Conditions for obtaining a licence 

1. 

Student air traffic controllers’ licences containing at least one rating shall be granted 
to applicants who: 

are the holders of at least a secondary education diploma or a diploma granting 

(a) 
access to university; 

(b) 
have  successfully  completed  approved  initial  training  course  relevant  to  the 
rating or rating endorsement, including practical and simulation training, as set out in 
Part A of Annex I to this Directive; 

(c) 

hold a valid medical certificate; and 

have demonstrated an adequate level of linguistic abilities in accordance with 

(d) 
the requirements set out in Annex II. 

2. 

Air  traffic  controllers’  licences  containing  the  ratings  for  which  training  was 
successfully  completed  and  the  necessary  endorsements  shall  be  granted  to 
applicants who: 

(a) 
are at least 21 years old; however, Member States may provide for a procedure 
to derogate from this requirement, in particular if the applicant has demonstrated in 
the course of his training that he has the competence to ensure safe operations; 

(b) 
are  holders  of  a  student  licence  and  have  completed  approved  unit  training 
course  and  successfully  passed  the  appropriate  examinations  or  assessments  in 
accordance with the requirements set out in Part B of Annex I; 

(c) 

hold a valid medical certificate; and 

EN 

15 

   EN 

 
have demonstrated an adequate level of linguistic abilities in accordance with 

(d) 
the requirements set out in Annex II. 

3. 

The licence endorsement to become an on the job training instructor shall be granted 
to holders of an air traffic controller licence who: 

(a) 
have exercised for the immediately preceding periods, whose duration shall be 
fixed  by  the  national  supervisory  authority,  the  privileges  of  the  rating  and  of  the 
endorsement for which they may instruct at that unit; 

(b) 
have successfully completed an approved on the job training instructor course 
during which the required knowledge and pedagogical skills were assessed through 
appropriate examinations. 

Article 6 
Conditions for maintaining ratings and keeping endorsements valid 

1. 

Member States shall ensure that the validity of the endorsement be extended for the 
next 12 months if the air navigation service provider demonstrates that: 

(a) 
the applicant has been exercising the privileges of the licence for a minimum 
number  of  hours,  as  indicated  in  the  approved  unit  competence  scheme,  in  the  last  
12 months; 

the  applicant’s  competence  to  exercise  the  privileges  of  the  endorsement  has 

(b) 
been assessed, following the standards set out in Part C of Annex I; and 

(c) 

the applicant holds a valid medical certificate. 

Without prejudice to paragraph 1, the endorsement for on-the-job-training instructors 
shall be valid for a renewable period of 36 months. 

The holder of a rating who has not been providing air traffic control services under 
any endorsement associated with that rating throughout any period of five years may 
not  exercise  the  privileges  of  that  rating  without  satisfying  assessment  and  training 
requirements  that  ensure  the  holder  is  competent  to  commence  unit  training  in  that 
rating. 

Without  prejudice  to  paragraph  3,  a  unit  endorsement  shall  cease  to  be  valid  if  the 
holder has not been providing air traffic control for a minimum number of hours of 
service  under  that  endorsement  throughout  the  periods  set  by  the  unit  competence 
scheme. 

The  minimum  number  of  working  hours  without  instruction  tasks  required  to 
maintain the endorsement valid may be reduced for on-the-job-training instructors in 
proportion to the time spent instructing trainees on the working positions for which 
the extension is applied. 

2. 

3. 

4. 

5. 

EN 

16 

   EN 

 
1. 

2. 

3. 

4. 

5. 

Article 7 
Air traffic controller ratings and endorsements 

Licences  shall  contain  one  or  more  ratings  as  described  in  paragraphs  (2)  to  (7)  in 
order  to  indicate  the  type  of  service  which  the  licence  holder  may  provide.  In 
addition to the rating endorsements indicated in this Article, the rating shall become 
validated by the endorsement indicating the language proficiency, the ICAO location 
indicator and the unit, working position, sector or group of sectors. 

The  Aerodrome  Control  Visual  rating  (ADV)  shall  indicate  that  the  holder  of  a 
licence is competent to provide an air traffic control service to aerodrome traffic at an 
aerodrome that has no published instrument approach or departure procedures. 

The aerodrome control instrument rating (ADI) shall indicate that the holder of the 
licence is competent to provide an air traffic control service to aerodrome traffic at an 
aerodrome that has published instrument approach or departure procedures and shall 
be accompanied by at least one of the following rating endorsements:  

(a)  The  Tower  Control  endorsement  (TWR)  shall  indicate  that  the  holder  is 
competent to provide control services where aerodrome control is provided from one 
operational position; 

(b)  The  Ground  Movement  Control  endorsement  (GMC)  shall  indicate  that  the 
holder of the licence is competent to provide ground movement control; 

(c)  The Ground Movement Surveillance endorsement (GMS), granted in addition 
to the Ground Movement Control endorsement or Tower Control endorsement, shall 
indicate  that  the  holder  is  competent  to  provide  ground  movement  control  with  the 
help of aerodrome surface movement systems; 

(d)  The Air Control endorsement (AIR) shall indicate that the holder of the licence 
is competent to provide air control; 

(e)  The Aerodrome Radar Control endorsement (RAD), granted in addition to the 
Air  Control  endorsement  or  Tower  Control  endorsement,  shall  indicate  that  the 
holder  of  the  licence  is  competent  to  provide  aerodrome  control  with  the  help  of 
surveillance radar equipment. 

The  Approach  Control  Procedural  rating  (APP)  shall  indicate  that  the  holder  of  a 
licence is competent to provide an air traffic control service to arriving, departing or 
transiting aircraft without the use of surveillance equipment. 

The  Approach  Control  Surveillance  rating (APS)  shall  indicate  that  the  holder  of  a 
licence is competent to provide an air traffic control service to arriving, departing or 
transiting aircraft with the use of surveillance equipment  and  shall be accompanied 
by at least one of the following rating endorsements: 

(a)  The Radar endorsement (RAD) shall indicate that the holder of the licence is 
competent  to  provide  an  approach  control  service  with  the  use  of  primary  and/or 
secondary radar equipment; 

EN 

17 

   EN 

 
(b)  The Precision Approach Radar endorsement (PAR), granted in addition to the 
Radar  endorsement,  shall  indicate  that  the  holder  of  the  licence  is  competent  to 
provide  ground  controlled  precision  approaches  with  the  use  of  precision  approach 
radar equipment to aircraft on the final approach to the runway; 

(c)  The Surveillance Radar Approach endorsement (SRA), granted in addition to 
the Radar endorsement, shall indicate that the holder is competent to provide ground 
controlled  non-precision  approaches  with  the  use  of  surveillance  equipment  to 
aircraft on the final approach to the runway; 

(d)  The Automatic Dependent Surveillance endorsement (ADS) shall indicate that 
the  holder  is  competent  to  provide  an  approach  control  service  with  the  use  of 
automatic dependent surveillance; 

(e)  The Terminal Control endorsement (TCL), granted in addition to the Radar or 
Automatic  Dependent  Surveillance  endorsements,  shall  indicate  that  the  holder  is 
competent  to  provide  air  traffic  control  services  with  the  use  of  any  surveillance 
equipment to aircraft operating in a specified terminal area and/or adjacent sectors. 

The  Area  Control  Procedural  rating  (ACP)  shall  indicate  that  the  holder  of  the 
licence  is  competent  to  provide  an  air  traffic  control  service  to  aircraft  without  the 
use of surveillance equipment. 

The  Area  Control  Surveillance  rating  (ACS)  shall  indicate  that  the  holder  of  the 
licence is competent to provide an air traffic control service to aircraft with the use of 
surveillance  equipment  and  shall  be  accompanied  by  at  least  one  of  the  following 
rating endorsements: 

(a)  The  Radar  endorsement  (RAD)  shall  indicate  that  the  holder  is  competent  to 
provide area control services with the use of surveillance radar equipment; 

(b)  The Automatic Dependent Surveillance endorsement (ADS) shall indicate that 
the  holder  is  competent  to  provide  area  control  services  with  the  use  of  automatic 
dependent surveillance; 

(c)  The Terminal Control endorsement (TCL), granted in addition to the Radar or 
Automatic  Dependent  Surveillance  endorsements,  shall  indicate  that  the  holder  is 
competent  to  provide  air  traffic  control  services  with  the  use  of  any  surveillance 
equipment to aircraft operating in a specified terminal area and/or adjacent sectors; 

(d)  The  Oceanic  Control  (OCL)  endorsement  shall  indicate  that  the  holder  is 
competent  to  provide  air  traffic  control  services  to  aircraft  operating  in  an  Oceanic 
Control Area. 

Without prejudice to paragraph (1), Member States may, if so required by particular 
characteristics  of  the  air  traffic  in  the  airspace  under  their  responsibility,  develop 
national endorsements. 

The  On-the-Job-Training-Instructor  licence  endorsement  shall  indicate  that  the 
holder  of  the  licence  is  competent  to  provide  training  and  supervision  at  an 
operational working position for areas covered by a valid rating. 

6. 

7. 

8. 

9. 

EN 

18 

   EN 

 
10. 

Amendments  to  this  Article  in  view  of  technical  or  scientific  progress  shall  be 
adopted in accordance with the procedure referred to in Article 14(2). 

1. 

2. 

3. 

4. 

5. 

1. 

2. 

Article 8 
Linguistic requirements 

Member States shall ensure that air traffic controllers can demonstrate the ability to 
speak and understand English to a satisfactory standard. Their proficiency shall cover 
the  rating  scale  set  out  in  Annex II.  It  shall  reach  at  least  level  4  of  the  language 
proficiency requirements specified in that Annex. 

Amendments to this Article and Annex II in view of technical or scientific progress 
shall be adopted in accordance with the procedure referred to in Article 14(2). 

The language proficiency requirements of the applicant shall be formally evaluated at 
regular  intervals,  except  in  the  case  of  applicants  who  demonstrate  proficiency 
level 6. 

This  interval  shall  be  no  longer  than  3  years  for  applicants  who  demonstrate 
proficiency  level  4  and  no  longer  than  6  years  for  applicants  who  demonstrate 
proficiency level 5. 

Member States may impose local language requirements when deemed necessary for 
safety  purposes.  However,  the  required  level  of  linguistic  knowledge  shall  be  not 
higher than level 4 of the ICAO proficiency test. Proficiency shall be demonstrated 
by a certificate issued by the training provider or by an equivalent certificate issued 
by a language training institute. 

The evidence of linguistic proficiency shall be included in the licence by means of a 
specific language proficiency endorsement. 

Article 9 
Medical requirements 

Medical certificates shall be issued in accordance with the medical requirements for 
European Class 3 Medical Certification of Air Traffic Controllers. 

Medical  assessors  approved  by  the  national  supervisory  authority  shall  establish 
reports on the basis of those requirements. 

The assessment of the applicants shall take due account  of the age  of the applicant 
and  of  the  particular  characteristics  of  the  workplace,  in  accordance  with  the 
principle of proportionality. 

Member  States  shall  ensure  that  effective  appeal  procedures  are  put  in  place  to 
guarantee  the  fair  treatment  of  the  examinees  and  that  air  navigation  service 
providers take the necessary measures where holders do not obtain a valid medical 
report. 

EN 

19 

   EN 

 
 
 
 
3. 

4. 

1. 

2. 

3. 

Member  States  shall  ensure  that  procedures  are  established  to  deal  with  cases  of 
reduced medical fitness and enable holders of a licence to notify their employers that 
they  are  becoming  aware  of  any  decrease  in  medical  fitness  or  are  under  the 
influence  of  any  psychoactive  substance  or  medicines,  which  might  render  them 
unable  to  execute  the  privileges  of  the  licence  safely  and  properly,  so  that  air 
navigation  service  providers  can  monitor  controllers  for  psychoactive  substance 
abuse and provide advice to controllers taking medicines. 

Amendments  to  the  reference  in  point  (12)  of  Article  2  in  view  of  technical  or 
scientific progress shall be  adopted in accordance with the procedure referred to in 
Article 14(2). 

Article 10 
Certification of Training Providers 

The  provision  of  training  of  air  traffic  controllers  within  the  Community  shall  be 
subject to certification by the national supervisory authorities. 

The  requirements  for  certification  shall  relate  to  the  technical  and  operational 
competence  and  suitability  to  organise  training  courses  in  a  pedagogically  efficient 
way as set out in point (1) of Annex III. 

Applications  for  certification  shall  be  submitted  to  the  national  supervisory 
authorities  of  the  Member  State  where  the  applicant  has  its  principal  place  of 
operation and, if any, its registered office. 

National supervisory authorities shall issue certificates where they comply with the 
requirements laid down in point (1) of Annex III.  

Certificates may be issued for each type of training, as defined in point (9) of Article 
2, or in combination with other air navigation services, whereby the type of training 
and the type of air navigation service shall be certified as a bundle of services. 

4. 

Certificates shall specify the rights and obligations of training providers. 

Certification  may  be  subject  only  to  the  conditions  set  out  in  points  (2)  and  (3)  of 
Annex  III.  Such  conditions  shall  be  objectively  justified,  non-discriminatory, 
proportionate and transparent. 

5. 

National supervisory authorities shall monitor compliance with the requirements and 
conditions  attached  to  the  certificates.  If  a  national  supervisory  authority  finds  that 
the holder of a certificate no longer satisfies such requirements or conditions, it shall 
take appropriate measures, which may include withdrawal of the certificate. 

6. 

A Member State shall recognise any certificate issued in another Member State. 

EN 

20 

   EN 

 
 
 
 
Article 11 
Accounting Management of Training Providers 

1. 

Training providers, whatever their system of ownership or legal form, shall draw up, 
submit to audit and publish their financial accounts. 

2. 

3. 

4. 

5. 

6. 

1. 

The accounts shall comply with the International Accounting Standards adopted by 
the  Community.  Where,  owing  to  the  legal  status  of  the  training  provider,  full 
compliance with the International Accounting Standards is not possible, the training 
provider  shall  endeavour  to  achieve  such  compliance  to  the  maximum  possible 
extent. 

In all cases, training providers shall publish an annual report and regularly undergo 
an independent financial audit. 

When  providing  different  types  of  training,  providers  shall,  in  their  internal 
accounting,  identify  the  relevant  costs  and  income  for  training  services  and,  where 
appropriate, shall keep consolidated accounts for other, non-training services, as they 
would  be  required  to  do  if  the  services  in  question  were  provided  by  separate 
undertakings. 

Member States shall designate the competent authorities that have a right of access to 
the accounts of training providers. 

Member States may apply the transitional provisions of Article 9 of Regulation (EC) 
No 1606/2002 of the European Parliament and of the Council8 to training providers 
that fall within the scope of that Regulation. 

Training providers who provide training leading to the grant of military licences will 
be exempted from the obligations laid down in paragraphs 1, 2, and 3. 

Article 12 
Guarantee of compliance with competence standards 

In order to ensure the levels of competence indispensable for air traffic controllers to 
perform  their  work  to  high  safety  standards,  the  Member  States  shall  ensure  that 
national supervisory authorities supervise and monitor their training. 

This responsibility shall include: 

(a) 

the issuance, maintenance, suspension and withdrawal of licences; 

(b) 

the certification of training providers; 

the  approval  of  training  courses,  unit  training  plans  and  unit  competence 

(c) 
schemes; 

(d) 

the approval of competence examiners; 

8 

OJ L 243, 1.9.2002, p. 1 

EN 

21 

   EN 

 
 
 
                                                 
2. 

3. 

4. 

5. 

1. 

2. 

3. 

(e) 

the monitoring and auditing of the training system; and 

(f) 

the establishment of appropriate appeal and notification mechanisms. 

The  national  supervisory  authorities  shall  organise  a  data  base  where  competencies 
of  all  licence  holders  and  the  validity  dates  of  their  endorsements  are  kept.  To  this 
extent,  operational  units  within  the  air  navigation  service  providers  shall  keep 
records  on  the  hours  effectively  worked  on  the  sectors,  group  of  sectors  or  on  the 
operational positions for every licence holder working in the unit and shall provide 
these data to the national supervisory authorities on request. 

The  national  supervisory  authorities  shall  approve  the  licence  holders  who  are 
entitled  to  act  as  competence  examiners  or  competence  assessors  for  unit  and 
continuation training. Approval shall be valid for a renewable period of three years. 

The  national  supervisory  authorities  shall  audit  all  the  elements  of  the  licensing 
system on a regular basis with a view to guaranteeing effective compliance with the 
standards laid down in this Directive. 

In addition to the regular audit, the national supervisory authorities can undertake on 
the spot visits to check the effective implementation of this Directive and compliance 
with the standards contained therein. 

The national supervisory authorities shall send to the Commission a yearly report on 
the application of this Directive, including the findings of the audits. 

National supervisory authorities may decide to delegate in full or in part the auditing 
functions  and  inspections  mentioned  in  paragraph  4  of  this  Article  to  recognised 
organisations referred to in Article 3 of Regulation (EC) No 550/2004. 

Article 13 
Mutual recognition of air traffic controller licences 

Each  Member  State  shall  recognise  the  licence  and  its  associated  ratings  and 
endorsements issued by the national supervisory authority of another Member State 
in accordance with the provisions of this Directive. 

In  order  to  grant  the  endorsement  applied  for,  the  national  supervisory  authorities 
shall  require  the  applicant  to  fulfil  the  particular  conditions  associated  with  the 
endorsement,  specifying  the  unit,  sector  or  working  position.  In  assessing  the 
equivalence  between  the  endorsements  which  the  applicant  currently  has  and  those 
he  needs  to  acquire,  the  air  navigation  service  provider,  when  establishing  the  unit 
training plan, shall take due account of the acquired competencies and the experience 
of the applicant. 

If the applicant holds a licence endorsed by a third country or a military licence of a 
Member State, the national supervisory authority may require the applicant to fulfil 
the conditions for obtaining the particular rating and endorsement. The equivalency 
assessment  of  the  licence  shall  take  due  account  of  competencies  acquired  in 
accordance with international standards. 

EN 

22 

   EN 

 
 
 
4. 

1. 

2. 

The  national  supervisory  authorities  shall  approve  and  give  a  reasoned  decision  on 
the unit training plan containing the proposed training for the applicant not later than 
four weeks after presentation of the evidence, without prejudice to the delay resulting 
from  any  appeal  that  may  be  made.  In  their  decisions,  the  national  supervisory 
authorities shall ensure that the principles of non-discrimination and proportionality 
are respected. 

Article 14 
Committee 

The  Commission  shall  be  assisted  by  the  Single  Sky  Committee  instituted  by  
Article 5 of Regulation EC/549/2004. 

reference 

Where 
this  paragraph,  Articles  5  and  7  of  
Decision  1999/468/EC  shall  apply,  having  regard  to  the  provision  of  Article  8 
thereof. 

is  made 

to 

The  period  laid  down  in  Article  5(6)  of  Decision  1999/468/EC  shall  be  set  at  one 
month. 

3. 

The Committee shall adopt its Rules of Procedure. 

Article 15 
Penalties 

The Member  States  shall  lay  down  the  rules on penalties  applicable to  infringements  of the 
national provisions adopted pursuant to this Directive and shall take all measures necessary to 
ensure that they are implemented. The penalties provided for must be effective, proportionate 
and  dissuasive.  The  Member  States  shall  notify  those  provisions  to  the  Commission  by  the 
date  specified  in  Article  16  at  the  latest  and  shall  notify  it  without  delay  of  any  subsequent 
amendment affecting them.  

Article 16 
Transposition 

Member  States  shall  bring  into  force  the  laws,  regulations  and  administrative 
provisions  necessary  to  comply  with  this  Directive  by9  at  the  latest.  They  shall 
forthwith  communicate  to  the  Commission  the  text  of  those  provisions  and  a 
correlation table between those provisions and this Directive. 

When  Member  States  adopt  those  provisions,  they  shall  contain  a  reference  to  this 
Directive  or  be  accompanied  by  such  a  reference  on  the  occasion  of  their  official 
publication. Member States shall determine how such reference is to be made. 

Member States shall communicate to the Commission the text of the main provisions 
of national law which they adopt in the field covered by this Directive. 

Twenty-four months following the date of entry into force. 

1. 

2. 

9 

EN 

23 

   EN 

 
 
 
                                                 
Article 17 
Entry into force 

This Directive shall enter into force on the twentieth day following that of its publication in 
the Official Journal of the European Union. 

Article 8 shall apply from [two years after the date provided for in paragraph (1)]. 

Article 18 
(Addressees) 

This Directive is addressed to the Member States. 

Done at Brussels,  

For the European Parliament 
The President 

For the Council 
The President 

EN 

24 

   EN 

 
 
 
ANNEX I 

Training Requirements 

PART A 

INITIAL TRAINING REQUIREMENTS FOR AIR TRAFFIC CONTROLLERS 

The  initial  training  shall  ensure  that  student  air  traffic  controllers  satisfy  at  least  the 
competence  requirements  laid  down  in  the  objectives  of  the  Guidelines  for  Common  Core 
Content and Training Objectives for Air  Traffic  Controllers’ Training, so that the air traffic 
controllers are capable of handling air traffic in a safe, quick and efficient way. Amendments 
to the reference as defined in Article 2 point (11) in view of technical or scientific progress 
shall be adopted in accordance with the procedure referred to in Article 14(2). 

Initial  training  shall  cover  the  following  subjects:  Aviation  Law,  Air  Traffic  Management, 
including Procedures for Civil-Military Co-operation, Meteorology, Navigation, Aircraft and 
Principles  of  Flight,  including  an  understanding  between  air  traffic  controller  and  pilot, 
Human  Factors,  Equipment  and  Systems,  Professional  Environment,  Unusual/Emergency 
Situations, Degraded Systems, Linguistic Knowledge, including radiotelephony Phraseology. 

The  subjects  shall  be  taught  in such  a  way  that  they  prepare  the  applicants  for  the  different 
types  of  air  traffic  services  and  highlight  safety  aspects.  The  initial  training  shall  consist  of 
theoretical and practical courses, including simulation, and its duration shall be determined in 
the approved initial training plans. Acquired competencies shall ensure that the candidate can 
be  considered  competent  to  handle  complex  and  dense  traffic  situations,  facilitating  the 
transition  to  unit  training.  The  competence  of  the  candidate  after  initial  training  shall  be 
assessed through appropriate examinations. 

PART B 

UNIT TRAINING REQUIREMENTS FOR AIR TRAFFIC CONTROLLERS 

Unit training plans shall detail the processes and timing required to allow the applicant for an 
air traffic control licence to apply the unit procedures to the local area under the supervision 
of  an  on-the-job-training  instructor.  The  approved  plan  shall  include  indications  of  all 
elements  of  the  competence  assessment  system,  including  work  arrangements,  progress 
assessment and examination, together with notification procedures to the national supervisory 
authority. 

The  duration  of  unit  training  shall  be  determined  in  the  unit  training  plan.  The  required 
competencies  will  be  assessed  through  appropriate  examinations  or  a  system  of  continuous 
assessment,  by  approved  competence  examiners  or  assessors  who  shall  be  neutral  and 
objective in their judgment. To this end, the national supervisory authorities shall put in place 
appeal mechanisms to ensure fair treatment of candidates.  

EN 

25 

   EN 

 
PART C 

CONTINUATION 
CONTROLLERS 

TRAINING  REQUIREMENTS 

FOR  AIR 

TRAFFIC 

Rating  and  unit  endorsements  on  air  traffic  controllers’  licences  shall  be  kept  valid  through 
approved continuation training, which consist of training to maintain the employability of air 
traffic  controllers,  refresher  courses,  emergency  training  and,  where  appropriate,  linguistic 
training. 

Continuation  training  shall  consist  of  theoretical  and  practical  courses,  together  with 
simulation.  For  this  purpose,  the  training  provider  shall  establish  unit  competence  schemes 
detailing  the  processes,  manning  and  timing  necessary  to  provide  for  the  appropriate 
continuation training and to demonstrate competencies. These schemes shall be reviewed and 
approved at least every three years. The duration of the continuation training shall be decided 
in  accordance  with  the  functional  needs  of  the  air  traffic  controllers  working  in  the  unit,  in 
particular in view of a change or a planned change of procedures or equipment, or in view of 
the  overall  safety  management  requirements.  The  competence  of  each  air  traffic  controller 
shall be appropriately assessed at least every three years. The air navigation service provider 
shall  ensure  that  mechanisms  guaranteeing  fair  treatment  of  licence  holders,  whose 
endorsements’ validity can not be extended, will be applied. 

EN 

26 

   EN 

 
ANNEX II 

REQUIREMENTS FOR PROFICIENCY IN LANGUAGES 

The language proficiency requirements laid down in Article 8 are applicable to the use of both 
phraseologies  and  plain  language.  To  meet  the  language  proficiency  requirements  an 
applicant for a licence or a licence holder shall be assessed and must demonstrate compliance 
at  least  with  the  Operational  Level  (Level 4)  of  the  Language  Proficiency  Rating  Scale 
described in this Annex. 

Proficient speakers shall: 

communicate effectively in voice-only (telephone/radiotelephone) and in face-to-face 

a) 
situations; 

b) 

communicate on common, concrete and work-related topics with accuracy and clarity; 

c) 
use appropriate communicative strategies to exchange messages and to recognise and 
resolve  misunderstandings  (e.g.  to  check,  confirm  or  clarify  information)  in  a  general  or 
work-related context; 

d) 
handle  successfully  and  with  relative  ease  the  linguistic  challenges  presented  by  a 
complication  or  unexpected  turn  of  events  that  occurs  within  the  context  of  a  routine  work 
situation or communicative task with which they are otherwise familiar; and 

e) 

use a dialect or accent which is intelligible to the aeronautical community. 

EN 

27 

   EN 

 
Language proficiency rating scale: Expert, Extended and Operational Levels. 

VOCABULARY 

FLUENCY 

COMPREHENSION 

INTERACTIONS 

LEVEL 

EXPERT 

6 

EXTENDED 

5 

OPERATIONAL 

LEVEL 4 

EN 

A 

PRONUNCIATION  
ASSUMES 
AND/OR 
INTELLIGIBLE 
AERONAUTICAL 
COMMUNITY. 

DIALECT 
ACCENT 
THE 

TO 

stress, 
Pronunciation, 
rhythm, 
intonation, 
and 
though  possibly  influenced 
by  the  first  language  or 
regional  variation,  almost 
never interfere with ease of 
understanding. 

STRUCTURE  
RELEVANT  GRAMMATICAL 
STRUCTURES  AND  SENTENCE 
PATTERNS  ARE  DETERMINED 
BY  LANGUAGE  FUNCTIONS 
APPROPRIATE TO THE TASK. 

Both  basic  and  complex 
grammatical  structures  and 
sentence 
are 
consistently well controlled.  

patterns 

range 

and 
Vocabulary 
accuracy  are  sufficient 
to 
communicate  effectively  on 
a  wide  variety  of  familiar 
topics. 
and 
idiomatic, 
Vocabulary 
nuanced,  and  sensitive 
to 
register. 

unfamiliar 

is 

Able  to  speak  at  length  with  a 
natural,  effortless  flow.  Varies 
speech  flow  for  stylistic  effect, 
e.g.  to  emphasise  a  point.  Uses 
appropriate  discourse  markers 
and connectors spontaneously. 

is 

Comprehension 
consistently 
accurate  in  nearly  all  contexts  and 
includes 
of 
linguistic and cultural subtleties.  

comprehension 

Pronunciation, 
stress, 
intonation, 
and 
rhythm, 
though  influenced  by  the 
first  language  or  regional 
variation,  rarely 
interfere 
with ease of understanding. 

Basic grammatical structures 
and  sentence  patterns  are 
consistently  well  controlled. 
Complex 
are 
attempted  but  with  errors 
which  sometimes  interfere 
with meaning. 

structures 

range 

Vocabulary 
and 
to 
accuracy  are  sufficient 
communicate  effectively  on 
common, concrete, and work 
topics.  Paraphrases 
related 
consistently 
and 
successfully.  Vocabulary  is 
sometimes idiomatic. 

Able  to  speak  at  length  with 
relative ease on familiar topics, 
but  may  not  vary  speech  flow 
as  a  stylistic  device.  Can  make 
use  of  appropriate  discourse 
markers or connectors.  

concrete, 

Comprehension 
is  accurate  on 
and  work 
common, 
related  topics  and  mostly  accurate 
when the speaker is confronted with 
a 
situational 
complication  or  an  unexpected  turn 
of  events.  Is  able  to  comprehend  a 
range  of  speech  varieties  (dialect 
and/or accent) or registers. 

linguistic 

or 

stress, 
Pronunciation, 
intonation 
rhythm,  and 
are influenced by the first 
regional 
language 
or 
variation 
only 
sometimes  interfere  with 
ease of understanding. 

but 

grammatical 
Basic 
sentence 
structures  and 
patterns 
used 
are 
creatively  and  are  usually 
well 
controlled.  Errors 
may  occur,  particularly  in 
unusual 
or  unexpected 
circumstances,  but  rarely 

range 

and 
Vocabulary 
usually 
are 
accuracy 
sufficient  to  communicate 
effectively 
common, 
on 
concrete,  and  work  related 
topics. 
often 
Can 
paraphrase 
successfully 
when lacking vocabulary in 

28 
EN 

stretches 

Produces 
of 
language  at  an  appropriate 
tempo.  There  may 
be 
occasional  loss  of  fluency  on 
transition  from  rehearsed  or 
formulaic 
to 
spontaneous  interaction,  but 
this does not prevent effective 

speech 

is 

Comprehension 
mostly 
accurate  on  common,  concrete, 
and work related topics when the 
accent 
is 
or 
sufficiently 
for  an 
international community of users. 
When  the  speaker  is  confronted 
with  a  linguistic  or  situational 

variety  used 

intelligible 

Interacts with ease in nearly all 
situations. Is sensitive to verbal 
and  non-verbal 
and 
responds to them appropriately.  

cues, 

Responses 
are 
appropriate,  and 
Manages 
relationship effectively. 

immediate, 
informative. 
the  speaker/listener 

are 

Initiates 
exchanges 

Responses 
usually 
immediate,  appropriate,  and 
and 
informative. 
even 
maintains 
when 
an 
unexpected  turn  of  events. 
Deals 
with 
adequately 
apparent  misunderstandings 

dealing  with 

 
 
 
 
 
LEVEL 

EN 

A 

PRONUNCIATION  
ASSUMES 
AND/OR 
INTELLIGIBLE 
AERONAUTICAL 
COMMUNITY. 

DIALECT 
ACCENT 
THE 

TO 

STRUCTURE  
RELEVANT  GRAMMATICAL 
STRUCTURES  AND  SENTENCE 
PATTERNS  ARE  DETERMINED 
BY  LANGUAGE  FUNCTIONS 
APPROPRIATE TO THE TASK. 
interfere with meaning.  

VOCABULARY 

FLUENCY 

COMPREHENSION 

INTERACTIONS 

unusual 
circumstances. 

or  unexpected 

communication.  Can  make 
limited  use  of  discourse 
markers or connectors. Fillers 
are not distracting. 

complication  or  an  unexpected 
turn  of  events,  comprehension 
may  be 
require 
slower  or 
clarification strategies.  

by  checking,  confirming,  or 
clarifying.  

29 
EN 

 
 
 
Language proficiency rating scale: Pre-Operational, Elementary and Pre-Elementary Levels. 

LEVEL 

PRONUNCIATION  

STRUCTURE  

VOCABULARY 

FLUENCY 

COMPREHENSION 

INTERACTIONS 

A 

ASSUMES 
DIALECT 
AND/OR 
ACCENT 
INTELLIGIBLE  TO  THE 
AERONAUTICAL 
COMMUNITY. 

RELEVANT  GRAMMATICAL 
STRUCTURES 
AND 
SENTENCE  PATTERNS  ARE 
DETERMINED 
BY 
FUNCTIONS 
LANGUAGE 
APPROPRIATE 
THE 
TASK. 

TO 

PRE- 
OPERATION
AL 

3 

Pronunciation, 
stress, 
rhythm,  and  intonation  are 
first 
influenced  by 
regional 
language 
or 
frequently 
variation  and 
interfere  with 
ease  of 
understanding. 

the 

sentence 

Basic grammatical structures 
and 
patterns 
associated  with  predictable 
situations  are  not  always 
Errors 
well 
controlled. 
frequently 
interfere  with 
meaning. 

range 

Vocabulary 
and 
accuracy  are  often  sufficient 
to communicate on common, 
concrete,  or  work  related 
topics  but  range  is  limited 
and  the  word  choice  often 
inappropriate. Is often unable 
to  paraphrase  successfully 
when lacking vocabulary. 

slowness 

Produces stretches of language, 
but  phrasing  and  pausing  are 
often  inappropriate.  Hesitations 
language 
or 
in 
may 
processing 
prevent 
communication. 
effective 
Fillers 
sometimes 
distracting. 

are 

used 

Comprehension is often accurate on 
common, 
and  work 
concrete, 
related  topics  when  the  accent  or 
sufficiently 
is 
variety 
intelligible 
international 
for  an 
community  of  users.  May  fail  to 
understand a linguistic or situational 
complication  or  an  unexpected  turn 
of events. 

exchanges 

Responses 
sometimes 
are 
immediate,  appropriate,  and 
informative.  Can  initiate  and 
maintain 
with 
reasonable  ease  on  familiar 
topics 
predictable 
in 
situations. Generally inadequate 
an 
dealing  with 
when 
unexpected turn of events. 

and 

ELEMENTARY 
2 

PRE- 
ELEMENTARY 
1 

EN 

Pronunciation, 
stress, 
rhythm,  and  intonation  are 
heavily  influenced  by  the 
first  language  or  regional 
usually 
variation 
and 
interfere  with 
ease  of 
understanding. 

Shows  only  limited  control 
of  a  few  simple  memorized 
grammatical  structures  and 
sentence patterns.  

Limited  vocabulary 
range 
consisting  only  of  isolated 
and  memorized 
words 
phrases.  

very 

produce 

Can 
short, 
isolated,  memorized  utterances 
with  frequent  pausing  and  a 
distracting  use  of  fillers 
to 
search  for  expressions  and  to 
articulate less familiar words.  

is 

limited 

Comprehension 
to 
isolated,  memorized  phrases  when 
they  are  carefully  and  slowly 
articulated.  

Response  time  is  slow,  and 
often  inappropriate.  Interaction 
is  limited  to  simple  routine 
exchanges.  

Performs  at  a  level  below 
the Elementary level. 

Performs at a level below the 
Elementary level. 

Performs at a level below the 
Elementary level. 

Performs  at  a  level  below  the 
Elementary level. 

Performs at a level below 

Performs  at  a  level  below  the 
Elementary level. 

the Elementary level. 

30 
EN 

 
 
 
 
 
Note.—The Operational Level (Level 4) is the minimum required proficiency level for radiotelephony communication. Levels 1 through 3 describe Pre-elementary, Elementary, 
and Pre-operational levels of language proficiency respectively, all of which describe a level of proficiency below the ICAO language proficiency requirement. Levels 5 and 6 
describe Extended and Expert levels, at levels of proficiency more advanced than the minimum required Standard. As a whole, the scale will serve as benchmarks for training 
and testing, in assisting candidates to attain the ICAO Operational Level (Level 4). 

EN 

31 
EN 

 
 
 
ANNEX III 

REQUIREMENTS AND CONDITIONS TO BE ATTACHED TO CERTIFICATES 
AWARDED TO TRAINING PROVIDERS 

(1) 

The requirements referred to in Articles 10 and 11 shall relate in particular: 

(a) 

to the content, organisation and duration of the courses, 

(b) 

to the way examinations are organised, 

(c) 

to the quality and experience of instructors and teaching staff, 

(d) 

to the facilities, equipment and accommodation of the training provider, 

(e) 

to the system and processes for quality management, 

(f) 

to the quality of the services, 

(g) 

to financial strength, 

(h) 

to liability and insurance cover, and 

(i) 

to the ownership and organisational structure 

(2) 

Certificates shall specify: 

(a) 

the national supervisory authority issuing the certificate; 

(b) 

the applicant (name and address); 

c) 

the type of services which are certified; 

a  statement  of  the  applicant's  conformity  with  the  requirements  defined  in 

(d) 
point (1); 

(e) 

the date of issue and the period of validity of the certificate. 

(3) 

Additional conditions attached to certificates may, as appropriate, be related to: 

(a) 

the operational specifications for the particular services; 

(b) 

the time by which the services should be provided; 

any  other  legal  conditions  which  are  not  specific  to  air  navigation  services, 

(c) 
such as conditions relating to the suspension or withdrawal of the certificate. 

EN 

32 

   EN