Directive 2006/23/EC of the European Parliament and of the Council of  5 April 2006  on a Community air traffic controller licence   (Text with EEA relevance)
Date: 2006-04-05
Institutions: Council of the European Union, European Parliament
Subjects: air safety, air traffic control, approval, diploma, educational institution, professional qualifications, vocational training

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DIRECTIVE 2006/23/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 5 April 2006

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,

Having regard to the opinion of the European Economic and
Social Committee (1),

After consulting the Committee of the Regions,

Acting in accordance with the procedure laid down in
Article 251 of the Treaty (2),

Whereas:

(1)

Implementation of the Single European Sky legislation
requires the establishment of more detailed legislation, in
particular concerning the licensing of air traffic con-
trollers,
in order to ensure the highest standards of
responsibility and competence, to improve the avail-
ability of air traffic controllers and to promote the
mutual recognition of licences, as envisaged 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 (3), while pursuing the objective of an
overall improvement in air traffic safety and competence
of personnel.

(2) The introduction of 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

(1) OJ C 234, 22.9.2005, p. 17.
(2) Opinion of the European Parliament of 8 March 2005 (OJ
C 320 E, 15.12.2005, p. 50), Council Common Position of
14 November 2005 (OJ C 316 E, 13.12.2005, p. 1) and Position
of the European Parliament of 15 February 2006 (not yet
published in the Official Journal).

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.

(3) A Directive is the most suitable instrument

to set
competence standards, thus leaving to the Member States
to decide on the ways to achieve such standards.

(4) This Directive should build on existing international
standards. The International Civil Aviation Organisation
(ICAO) has adopted provisions on air traffic controller
including linguistic requirements. The Eur-
licensing,
opean Organisation for the Safety of Air Navigation
(Eurocontrol) set up by the International Convention of
13 December 1960 relating to Cooperation 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 trans-
poses the requirements laid down in Eurocontrol Safety
Regulatory Requirement No 5 (ESARR 5) relevant to air
traffic controllers.

(5) The particular characteristics of Community air traffic
for the introduction and effective application of
call
Community competence standards for air traffic con-
trollers employed by air navigation service providers
primarily involved in general air traffic. Member States
may also apply the national provisions taken pursuant to
this Directive to student air traffic controllers and air
traffic controllers exercising their functions under the
responsibility of air navigation service providers offering
their services primarily to aircraft movements other than
general air traffic.

(6) Where Member States take action to ensure compliance
with Community requirements, the authorities perform-
ing supervision and verification of compliance should be
sufficiently independent of air navigation service provi-
ders and training providers. The authorities must also
remain capable of performing their tasks efficiently. The
national supervisory authority nominated or established
under this Directive may be the same body or bodies
nominated or established in accordance with Article 4 of
Regulation (EC) No 549/2004 of the European Parlia-
ment and of the Council of 10 March 2004 laying down
the framework for the creation of the single European
sky (4).

(3) OJ L 96, 31.3.2004, p. 10.

(4) OJ L 96, 31.3.2004, p. 1.

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(7) The provision of air navigation services requires highly
skilled personnel whose competence can be demon-
strated by several means. For air traffic control
the
appropriate means is the introduction of a Community
licence,
for each
to be seen as a kind of diploma,
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 skills of the controller and the authorisation of
the supervisory authorities to provide services for a
particular sector or group of sectors. That is why the
authorities must be in a position to evaluate the
competence of air
traffic controllers when issuing
licences or extending the validity of the endorsements.
The authorities must also be in a position to suspend a
licence, ratings or endorsements when competence is in
doubt. In an effort to promote the reporting of incidents
(just culture),
this Directive should not establish an
automatic link between an incident and the suspension
of a licence, rating or endorsement. Revocation of a
licence should be considered as the last resort
for
extreme cases.

(8)

to harmonise

In order to build the confidence of Member States in each
other's licensing systems, Community rules on obtaining
and maintaining licences are indispensable. It is therefore
important, with a view to ensuring the highest level of
safety,
regards
qualifications, competence and access to the profession
of air traffic controller. This should lead to the provision
of safe, high-quality air traffic control services and the
recognition of
the Community,
licences throughout
thereby increasing freedom of movement and improving
the availability of air traffic controllers.

requirements

the

as

(9) Member States should ensure that implementation of this
Directive does not lead to circumvention of existing
national provisions governing the rights and obligations
applicable to the employment relationship between an
employer and applicant air traffic controllers.

(10)

In order to make skills 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 the control of
one air navigation service provider, but especially at the
interface between different service providers.

(11)

In many incidents and accidents, communication plays a
significant role. ICAO has therefore adopted language
knowledge requirements. This Directive develops these
requirements and provides a means of enforcing these
internationally accepted standards. There is a need for
observance of
the principles of non-discrimination,
transparency and proportionality in language require-
ments, so as to encourage free movement while ensuring
safety.

the request of

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

(13) Medical requirements have been developed at the request
of Eurocontrol Member States and are considered an
acceptable means of compliance with this Directive.

(14) The

certification of

in terms of safety, as one of

training provision should be
regarded,
the decisive
factors 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 package of training services or by
package of training and air navigation services, without
losing sight of the particular characteristics of training.

(15) This Directive confirms long-standing case-law of the
Court of Justice of the European Communities in the
field of mutual recognition of diplomas and freedom of
movement of workers. The principle of proportionality,
reasoned justifications for the imposition of compensa-
tion 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. Member States should be
entitled to refuse to recognise licences not issued in
accordance with this Directive; Member States should
also be entitled to recognise such licences after under-
taking the appropriate equivalence assessment. Since this
Directive is aimed at facilitating the mutual recognition
of licences, it does not regulate the conditions concern-
ing access to employment.

(16) The profession of air traffic controller is subject

to
technical
innovations which call for such controllers'
skills to be regularly updated. This Directive should allow
such adaptations to technical developments and scientific
progress through the use of the committee procedure.

(17) 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
implications.
on all measures having significant social

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Therefore, the Sectoral Dialogue Committee set up under
Commission Decision 98/500/EC of 20 May 1998 on
the establishment of Sectoral Dialogue Committees
promoting the Dialogue between the social partners at
European level (1) has been consulted and should be
consulted on further implementing measures taken by
the Commission.

HAVE ADOPTED THIS DIRECTIVE:

Article 1

Objective and scope

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

(19) 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 Commission (2).

(20) A two-year transposition period is considered sufficient
for establishing a Community licensing framework and
framework the licences of
assimilating within that
current licence holders, in accordance with the provi-
sions concerning the conditions for maintaining ratings
and keeping endorsements valid, as the requirements laid
down in those provisions are in line with existing
international obligations. Furthermore, an additional
transposition period of two years should be granted for
the application of the linguistic requirements.

(21) The general conditions for obtaining a licence, insofar as
they relate to age, educational requirements and initial
training, should not affect the holders of existing licences.

(22)

In accordance with point 34 of the Interinstitutional
agreement on better law-making (3), Member States are
encouraged to draw up,
for themselves and in the
interests of the Community, their own tables illustrating,
as far as possible, the correlation between this Directive
and the transposition measures, and to make them
public,

(1) OJ L 225, 12.8.1998, p. 27. Decision as amended by the 2003

Act of Accession.

(2) OJ L 184, 17.7.1999, p. 23.
(3) OJ C 321, 31.12.2003, p. 1.

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

2. This Directive shall apply to:

— student air traffic controllers, and

— air traffic controllers

exercising their functions under
navigation service providers which offer
primarily to aircraft movements of general air traffic.

the responsibility of air
services
their

Subject

3.
to Articles 1(2) and 13 of Regulation (EC)
No 549/2004, in cases where regular and planned air traffic
control services are provided to general air traffic under the
responsibility of air navigation service providers which offer
their services primarily to aircraft movements other than
general air traffic, Member States shall ensure that the level of
safety and quality of the services to general air traffic is at least
equivalent to the level resulting from the application of the
provisions of this Directive.

Article 2

Definitions

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

1.

2.

3.

‘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;

‘general air traffic’ means all movements of civil aircraft,
as well as all movements of State aircraft (including
military, customs and police aircraft) when these move-
ments are carried out in conformity with the procedures
of the ICAO;

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‘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 ratings and
endorsements contained therein;

12.

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

4.

5.

6.

7.

8.

9.

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

(a)

aerodrome control visual;

(b)

aerodrome control instrument;

(c)

approach control procedural;

(d)

approach control surveillance;

(e)

area control procedural;

(f)

area control surveillance;

‘rating endorsement’ means the authorisation entered on
and forming part of a licence,
indicating the specific
conditions, privileges or limitations pertaining to the
relevant rating;

‘unit endorsement’ means the authorisation entered on
and forming part of a licence,
indicating the ICAO
location indicator and the sectors and/or working
positions where the holder of the licence is competent
to work;

‘language endorsement’ means the authorisation entered
on and forming part of a licence, indicating the language
proficiency of the holder;

‘instructor endorsement’ means the authorisation entered
on and forming part of a licence,
indicating the
competence of the holder to give on-the-job training
instruction;

(a)

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

(b) unit training, including transitional training prior to
on-the-job training and on-the-job training, leading
to the grant of an air traffic controller licence;

(c)

continuation training, keeping the endorsements of
the licence valid;

(d)

training of on-the-job training instructors, leading
to the grant of the instructor endorsement;

(e)

training of examiners and/or assessors;

13.

14.

15.

‘training provider’
is an organisation which has been
certified by the relevant national supervisory authority to
provide one or more types of training;

‘Unit Competence Scheme’
is an approved scheme
indicating the method by which the unit maintains the
competence of its licence holders;

‘Unit Training Plan’
is an approved plan detailing the
processes and timing required to allow the unit
procedures to be applied to the local area under the
supervision of an on-the-job-training instructor.

Article 3

National supervisory authorities

1. 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.

2. The national supervisory authorities shall be independent
of air navigation service providers and training providers. This
independence shall be achieved through adequate separation,
at
least, between the national
supervisory authorities and such providers. Member States
shall ensure that national supervisory authorities exercise their
powers impartially and transparently.

the functional

level at

10.

‘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;

11.

‘sector’ means a part of a control area and/or part of a
flight information region/upper region;

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

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Article 4

Licensing principles

1. Without prejudice to Article 1(3), Member States shall
ensure that air traffic control services within the scope of
Article 1(2) are only provided by air traffic controllers licensed
in accordance with this Directive.

for a licence shall prove that

2. Applicants
they are
competent to act as air traffic controllers or as student air
traffic controllers. The evidence demonstrating their compe-
tence shall relate to knowledge, experience, skills and linguistic
proficiency.

Member States may provide that the national supervisory
authority evaluate the educational standard of applicants
who do not fulfil this educational requirement. If this
evaluation demonstrates that an applicant has experience
and education which gives him/her a reasonable prospect
of completing air traffic controller training, this shall be
regarded as sufficient;

(b) have successfully completed approved initial

relevant
applicable, as set out in Part A of Annex II;

to the rating, and rating endorsement

training
if

(c)

hold a valid medical certificate; and

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

(d) have demonstrated an adequate level of

linguistic
proficiency in accordance with the requirements set out
in Annex III.

4.

In accordance with Article 14(1):

The licence shall contain at least one rating and one rating
endorsement, if applicable.

(a)

a licence, ratings or endorsements may be suspended
when the competence of the air traffic controller is in
doubt or in cases of misconduct;

traffic
2. Air
applicants who:

controller

licences

shall be granted to

(b)

a licence may be revoked in cases of gross negligence or
abuse.

(a)

are at least 21 years old. However, Member States may
provide for a lower age limit in duly justified cases;

5. 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.

6. The licence shall include the items set out in Annex I.

7. When a licence is issued in a language other than English,
it shall include an English translation of the items set out in
Annex I.

8. Member States shall ensure that air traffic controllers are
sufficiently trained in safety, security and crisis management.

Article 5

Conditions for obtaining a licence

(b)

are holders of a student licence and have completed an
approved unit training plan and successfully passed the
appropriate examinations or assessments in accordance
with the requirements set out in Part B of Annex II;

(c)

hold a valid medical certificate; and

(d) have demonstrated an adequate level of

linguistic
proficiency in accordance with the requirements set out
in Annex III.

The licence shall be validated by the inclusion of one or more
ratings and the relevant rating, unit and language endorse-
ments for which training was successfully completed.

3. The instructor endorsement shall be granted to holders of
an air traffic controller licence who:

Student air traffic controller licences shall be granted to

1.
applicants who:

(a)

(a)

are at least 18 years old and are holders of at least a
secondary education diploma or a diploma granting
access to university or equivalent.

traffic

control

have provided air
for an
immediately preceding period of at least one year, or
such longer duration as
fixed by the national
supervisory authority having regard to the ratings and
endorsements for which instruction is given; and

services

is

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(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 7

Rating endorsements

Article 6

1. The Aerodrome Control Instrument rating (ADI) shall
bear at least one of the following endorsements:

Air traffic controller ratings

Licences shall contain one or more of the following ratings in
order to indicate the type of service which the licence holder
may provide:

(a)

(b)

(c)

(d)

(e)

(f)

the Aerodrome Control Visual rating (ADV), which 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 no published instrument
approach or departure procedures;

the Aerodrome Control Instrument rating (ADI), which
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 accom-
the rating endorsements
panied by at
described in Article 7(1);

least one of

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

the Approach Control Surveillance rating (APS), which
shall indicate that the holder of the 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 rating endorsements described in
Article 7(2);

the Area Control Procedural rating (ACP), which 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), which 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 rating endorsements described in
Article 7(3).

(a)

(b)

(c)

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

the Ground Movement Control endorsement
which shall
competent to provide ground movement control;

(GMC),
indicate that the holder of the licence is

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

(d) The Air Control endorsement (AIR), which 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, which shall indicate that the
holder of the licence is competent to provide aerodrome
control with the help of surveillance radar equipment.

2. The Approach Control Surveillance rating (APS) shall
bear at least one of the following endorsements:

(a)

(b)

(c)

the Radar endorsement (RAD), which 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;

the Precision Approach Radar endorsement
(PAR),
granted in addition to the Radar endorsement, which
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;

the Surveillance Radar Approach endorsement (SRA),
granted in addition to the Radar endorsement, which
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;

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(d)

(e)

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

the Terminal Control endorsement
(TCL), granted in
addition to the Radar or Automatic Dependent Surveil-
lance endorsements, which 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.

3. The Area Control Surveillance rating (ACS) shall bear at
least one of the following endorsements:

(a)

(b)

(c)

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

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

the Terminal Control endorsement
(TCL), granted in
addition to the Radar or Automatic Dependent Surveil-
lance endorsements, which 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 (OCN) endorsement, which shall
indicate that the holder is competent to provide air traffic
control services to aircraft operating in an Oceanic
Control Area.

4. Without prejudice to paragraphs 1, 2 and 3, Member
States may,
in exceptional cases which only arise due to
particular characteristics of the air traffic in the airspace under
their
responsibility, develop national endorsements. Such
endorsements shall not affect the overall freedom of move-
ment of air traffic controllers.

Article 8

Language endorsements

2. Member States may impose local language requirements
when deemed necessary for reasons of safety.

3. The level required in application of paragraphs 1 and 2
shall be level 4 of the language proficiency rating scale set out
in Annex III.

4. Notwithstanding paragraph 3, Member States may require
level five of the language proficiency rating scale set out in
Annex III in application of paragraphs 1 and/or 2 where the
operational circumstances of the particular rating or endorse-
ment warrant a higher level for imperative reasons of safety.
shall be objectively justified, non-
Such a requirement
discriminatory, proportionate and transparent.

5.
Proficiency shall be demonstrated by a certificate issued
after a transparent and objective assessment procedure
approved by the national supervisory authority.

Article 9

Instructor endorsements

The instructor endorsement shall indicate that the holder of
the licence is competent to provide training and supervision at
a working position for areas covered by a valid rating.

Article 10

Unit endorsements

The unit endorsement shall indicate that the licence holder is
competent
for a
particular sector, group of sectors or working positions under
the responsibility of an air traffic services unit.

to provide air

traffic control

services

Member States may, when deemed necessary for reasons of
safety, provide that the privileges of a unit endorsement are
only exercised by licence holders below a given age.

Article 11

Conditions for maintaining ratings and keeping
endorsements valid

1. Unit endorsements shall be valid for an initial period of
12 months. The validity of such endorsements shall be
extended for the following 12 months if the air navigation
service provider demonstrates that:

1. Member States shall ensure that air traffic controllers can
demonstrate the ability to speak and understand English to a
satisfactory standard. Their proficiency shall be determined in
accordance with the language proficiency rating scale set out
in Annex III.

(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, throughout the
previous 12 months;

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(b)

applicant's

the
accordance with Part C of Annex II; and

competence has been assessed in

(c)

the applicant holds a valid medical certificate.

The minimum number of working hours,
leaving aside
instruction tasks, required to maintain the validity of the unit
reduced for on-the-job training
endorsement may be
instructors in proportion to the time spent
instructing
trainees on the working positions for which the extension is
applied.

2. Where unit endorsements cease to be valid, a unit training
plan must be successfully completed so as to revalidate the
endorsement.

rating endorsement

3. The holder of a rating or rating endorsement who has not
been providing air traffic control services associated with that
rating or
four
consecutive years may only commence unit training in that
rating or rating endorsement after appropriate assessment as
to whether he/she continues to satisfy the conditions of that
rating or rating endorsement, and after satisfying any training
requirements that result from this assessment.

for any period of

shall be
4. The language proficiency of
formally evaluated at regular intervals, except in the case of
applicants who have demonstrated proficiency level six.

the applicant

This interval shall be no longer than three years for applicants
who demonstrate proficiency level four and no longer than six
years for applicants who demonstrate proficiency level five.

5. The instructor endorsement shall be valid for a renewable
period of 36 months.

Article 12

Medical certificates

3. Medical certificates shall be valid from the date of the
medical examination and for 24 months thereafter for air
traffic controllers up to the age of 40 years and for 12 months
above that age. The medical certificate may be revoked at any
time if the medical condition of the holder so requires.

4. Member States shall ensure that effective review or appeal
procedures are put in place with the appropriate involvement
of independent medical advisors.

5. Member States shall ensure that procedures are estab-
lished to deal with cases of reduced medical fitness and to
enable licence holders 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 exercise the
privileges of the licence safely and properly.

Article 13

Certification of Training Providers

traffic controllers,
1. The provision of
including related assessment procedures, shall be subject to
certification by the national supervisory authorities.

training to air

2. The requirements for certification shall relate to technical
and operational competence and suitability to organise
training courses as set out in point 1 of Annex IV.

3. 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 when
the applicant training provider fulfils the requirements laid
down in point 1 of Annex IV.

Certificates may be issued for each type of training 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 package of services.

1. Medical certificates shall be issued by a competent
medical body of the national supervisory authority or by
medical examiners approved by the national supervisory
authority.

4. Certificates shall specify the information referred to in
point 2 of Annex IV.

2. The issuing of medical certificates shall be consistent with
the provisions of Annex I to the Chicago Convention on
International Civil Aviation and the Requirements
for
European Class 3 Medical Certification of Air Traffic
Controllers laid down by Eurocontrol.

5. National supervisory authorities shall monitor compli-
ance 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
it shall take appropriate measures, which may
conditions,
include withdrawal of the certificate.

L 114/30

EN

Official Journal of the European Union

27.4.2006

6. A Member State shall recognise certificates issued in
another Member State.

Article 14

Guarantee of compliance with competence standards

1.
In order to ensure the levels of competence indispensable
for air traffic controllers in order for them to perform their
work to high safety standards, the Member States shall ensure
that national supervisory authorities supervise and monitor
their training.

Their tasks shall include:

4. 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.

5. The national
the
supervisory authorities
training providers on a regular basis with a view to
guaranteeing effective compliance with the standards laid
down in this Directive.

shall audit

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

(a)

ratings and
the issuing and revocation of
endorsements
training and
for which the relevant
assessment was completed under the area of responsi-
bility of the national supervisory authority;

licences,

in part

6. National supervisory authorities may decide to delegate in
the auditing functions and inspections
full or
mentioned in paragraph 5 of
this Article to recognised
organisations in accordance with Article 3 of Regulation (EC)
No 550/2004.

(b)

the maintenance and suspension of ratings and endorse-
ments, the privileges of which are exercised under the
responsibility of the national supervisory authority;

(c)

the certification of training providers;

(d)

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

(e)

the approval of competence examiners or competence
assessors;

(f)

the monitoring and auditing of training systems;

(g)

the establishment of appropriate appeal and notification
mechanisms.

2. National supervisory authorities shall provide appropriate
information and mutual assistance to the national supervisory
authorities of other Member States so as to ensure the effective
application of this Directive, particularly in cases involving the
free movement of air traffic controllers within the Commu-
nity.

3. The national supervisory authorities shall ensure that a
data base is maintained listing the competencies of all licence
holders under their responsibility and the validity dates of
their endorsements. To this end, operational units within air
navigation service providers shall keep records of the hours
effectively worked in the sectors, group of sectors or in the
working positions for every licence holder working in the unit
and shall provide this data to the national supervisory
authorities on request.

7. Member States shall submit to the Commission a report
on the application of this Directive by 17 May 2011 May and
at three-yearly intervals thereafter.

Article 15

Mutual recognition of air traffic controller licences

1.
Subject to Article 8, each Member State shall recognise
licences and their associated ratings, rating endorsements and
language endorsements issued by the national supervisory
authority of another Member State in accordance with the
provisions of this Directive, as well as the accompanying
medical certificates. However, a Member State may decide only
to recognise licences of holders who have reached the
minimum age limit of 21 as envisaged in Article 5(2)(a).

2.
In cases where a licence holder exercises the privileges of
the licence in a Member State other than that in which the
licence was issued, the licence holder shall have the right to
exchange his or her licence for a licence issued in the Member
State where the privileges are exercised, without additional
conditions being imposed.

In order

the national
to grant a unit endorsement,
3.
supervisory authorities shall require the applicant to fulfil the
conditions associated with this endorsement,
particular
specifying the unit,
sector or working position. When
establishing the unit training plan, the training provider shall
the acquired competencies and the
take due account of
experience of the applicant.

27.4.2006

EN

Official Journal of the European Union

L 114/31

4. 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 six
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 16

Adaptation to technical or scientific progress

In the light of technical or scientific progress, the Commission
may adopt, in accordance with the procedure referred to in
Article 17(2), amendments to the ratings in Article 6, the
rating endorsements in Article 7, the provisions on medical
certificates in Article 12(3) and the Annexes.

Article 17

Committee

1. The Commission shall be assisted by the Single Sky
Committee instituted by Article 5 of Regulation (EC) No 549/
2004.

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

Article 19

Transitional arrangements

Article 5(2)(a) and (b) shall not apply to holders of air traffic
controller licences issued by Member States before 17 May
2008.

Article 20

Transposition

Member States shall bring into force the laws, regulations and
administrative provisions necessary to comply with this
Directive by 17 May 2008 at the latest, with the exception
of Article 8, for which the deadline shall be 17 May 2010.
They shall forthwith communicate to the Commission the text
of those provisions.

When Member States adopt these measures, they shall contain
a reference to this Directive or shall be accompanied by such
reference on the occasion of their official publication. The
methods of making such reference shall be laid down by
Member States.

Article 21

Entry into force

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

This Directive shall enter into force on the 20th day following
its publication in the Official Journal of the European Union.

3. The Committee shall adopt its rules of procedure.

Article 18

Penalties

Article 22

Addressees

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 Commis-
sion by 17 May 2008 and shall notify it without delay of any
subsequent amendment affecting them.

This Directive is addressed to the Member States.

Done at Strasbourg, 5 April 2006.

For the European Parliament

For the Council

The President

The President

J. BORRELL FONTELLES

H. WINKLER

L 114/32

EN

Official Journal of the European Union

27.4.2006

ANNEX I

SPECIFICATIONS FOR LICENCES

Licences issued by a Member State in accordance with this Directive must conform to the following specifications:

1. Details

1.1. The following details must appear on the licence, an asterisk indicating those items which must be translated

into English:

(a)

*name of State or Authority issuing the licence (in bold type);

(b)

*title of licence (in very bold type);

(c)

serial number of the licence, in arabic numerals, given by the authority issuing the licence;

(d)

name of holder in full (in roman alphabet also if script of national language is other than roman);

(e)

date of birth;

(f)

nationality of holder;

(g)

signature of holder;

(h)

*Certification concerning validity and authorisation for holder to exercise privileges appropriate to the
licence, indicating:

(i)

the ratings, rating endorsements,
endorsements,

language endorsements,

instructor endorsements and unit

(ii)

the dates when they were first issued,

(iii)

the dates on which their validity expires;

(i)

(j)

Signature of officer issuing the licence and the date of such issue;

Seal or stamp of authority issuing the licence.

1.2. The licence must be accompanied by a valid medical certificate.

2. Material

First quality paper or other suitable material must be used and the items mentioned under point 1 must appear
clearly thereon.

3.

Colour

3.1. Where the same coloured material is used for all aviation-related licences issued by a Member State, that colour

must be white.

3.2. Where aviation-related licences issued by a Member State carry a distinguishing colour marking, the colour of

the air traffic controller licence must be yellow.

27.4.2006

EN

Official Journal of the European Union

L 114/33

ANNEX II

TRAINING REQUIREMENTS

PART A

Initial training requirements for air traffic controllers

The initial training will ensure that student air traffic controllers satisfy at least the objectives for basic and rating
training, as described in Eurocontrol's ‘Guidelines for air traffic controller Common Core Content Initial Training’,
edition of 10 December 2004, so that air traffic controllers are capable of handling air traffic in a safe, quick and
efficient way.

Initial training will cover the following subjects: aviation law, air traffic management, including procedures for civil-
military cooperation, meteorology, navigation, aircraft and principles of flight, including an understanding between
air traffic controller and pilot, human factors, equipment and systems, professional environment, safety and safety
culture, safety management systems, unusual/emergency situations, degraded systems and linguistic knowledge,
including radiotelephony phraseology.

The subjects will 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 will consist of theoretical and practical courses, including simulation,
and its duration will be determined in the approved initial training plans. Acquired skills must 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 will be assessed through appropriate examinations
or a system of continuous assessment.

PART B

Unit training requirements for air traffic controllers

Unit training plans will detail the processes and timing required to allow the application of the unit procedures to the
local area under the supervision of an on-the-job training instructor. The approved plan will include indications of all
elements of the competence assessment system, including work arrangements, progress assessment and examination,
together with procedures for notifying the national supervisory authority. Unit training may contain certain elements
of the initial training which are specific to national conditions.

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

PART C

Continuation training requirements for air traffic controllers

Rating and unit endorsements on air traffic controllers' licences will be kept valid through approved continuation
training, which consists of training to maintain the skills of air traffic controllers, refresher courses, emergency
training and, where appropriate, linguistic training.

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

L 114/34

EN

Official Journal of the European Union

27.4.2006

ANNEX III

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 will be
assessed and must demonstrate compliance with at least the operational level (level four) of the language proficiency
rating scale set out in this Annex.

Proficient speakers must:

(a)

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

(b)

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

(c)

(d)

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

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.

27.4.2006

EN

Official Journal of the European Union

L 114/35

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Official Journal of the European Union

27.4.2006

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27.4.2006

EN

Official Journal of the European Union

L 114/37

ANNEX IV

REQUIREMENTS TO BE ATTACHED TO CERTIFICATES AWARDED TO TRAINING PROVIDERS

1.

Compliance with the requirements referred to in Article 13 must be demonstrated by evidence that training
providers are adequately staffed and equipped and operate in an environment suitable for the provision of the
training necessary to obtain or maintain student air traffic controller licences and air traffic controller licences.
In particular training providers must:

(a)

(b)

(c)

(d)

(e)

have an efficient management structure and sufficient staff with adequate qualifications and experience to
provide training according to the standards set out in this Directive;

have available the necessary facilities, equipment and accommodation appropriate for the type of training
offered;

provide the methodology they will use to establish details of the content, organisation and duration of
training courses, unit training plans and unit competence schemes; this will include the way examinations
or assessments will be organised. For examinations related to initial training, including simulation training,
the qualifications of the examiners must be indicated in detail;

furnish proof of the quality management system in place to monitor compliance with and the adequacy of
the systems and procedures which ensure that the training services provided satisfy the standards set out
in this Directive;

demonstrate that sufficient funding is available to conduct the training according to the standards set out
in this Directive and that the activities have sufficient insurance cover in accordance with the nature of the
training provided.

2.

Certificates must specify:

(a)

the national supervisory authority issuing the certificate;

(b)

the applicant (name and address);

(c)

the type of services which are certified;

(d)

a statement of the applicant's conformity with the requirements defined in point 1;

(e)

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