Commission Regulation (EC) No 1033/2006 of  4 July 2006  laying down the requirements on procedures for flight plans in the pre-flight phase for the single European sky   (Text with EEA relevance)
Date: 2006-07-04
Institutions: European Commission
Subjects: Eurocontrol, air space, air traffic, organisation of transport, trans-European network

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Official Journal of the European Union

7.7.2006

COMMISSION REGULATION (EC) No 1033/2006

of 4 July 2006

laying down the requirements on procedures for flight plans in the pre-flight phase for the single
European sky

(Text with EEA relevance)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

2004 on the organisation and use of the airspace in the
single European sky (3).

Having regard to the Treaty
Community,

establishing the European

Having regard to Regulation (EC) No 552/2004 of the European
Parliament and of the Council of 10 March 2004 on the inter-
operability of the European Air Traffic Management Network
(the interoperability Regulation) (1), and in particular Article 3(1)
thereof,

Having regard to Regulation (EC) No 549/2004 of the European
Parliament and of the Council of 10 March 2004 laying down
the framework for the creation of the single European sky (the
framework Regulation) (2), and in particular Article 8(2) thereof,

Whereas:

(1)

(2)

Significant inconsistencies between flight plan data held
by parties concerned by the safe conduct of
flights,
notably air traffic services units, operators and pilots,
have been highlighted by a number of studies undertaken
by the Commission and the European Organisation for
the Safety of Air Navigation (Eurocontrol). Such incon-
sistencies may have an impact on the safety and effi-
ciency of the European air traffic management system.
Furthermore, greater consistency in flight plan data
would contribute to seamless operation, to support for
new concepts of operations, notably in the field of air
traffic flow management, and to enhanced safety. Appro-
priate measures should therefore be taken to reduce the
occurrence of inconsistencies between flight plan data.

Eurocontrol has been mandated in accordance with
Article 8(1) of Regulation (EC) No 549/2004 to
develop requirements for flight plans in the pre-flight
phase for the single European sky. This Regulation is
based on the resulting mandate report of 17 March
2005.

(4)

(5)

(6)

the

The International Civil Aviation Organisation (hereinafter
for
ICAO) has defined procedures
submission,
acceptance
flight plans, which
and distribution of
should be brought into force in order to be applied
the single European
uniformly within the airspace of
sky. These procedures
should be complemented by
provisions obliging operators, pilots, air traffic services
units and various originators of flight plans to ensure
that the key items of flight plans held by them remain
consistent until the end of the pre-flight phase for flights
departing from within the airspace covered by this Regu-
lation. These key items should be clearly identified.

A centralised flight planning processing and distribution
service, provided through the Integrated Initial Flight Plan
Processing System (hereinafter IFPS), has been established
the authority of Eurocontrol. Member States
under
should be required to take the necessary measures to
ensure that
the IFPS delivers information supporting
the consistency of the key items of the flight plans.

If the IFPS receives no flight plan for flights entering the
covered by this Regulation from adjacent
airspace
risks may arise to those resulting
similar
airspaces,
from inconsistencies between flight plan data held by
air traffic services units, operators and pilots for flights
departing from within this airspace. In such cases, air
traffic services units should provide IFPS with appropriate
flight data to prevent these risks.

(7) With a view to maintaining or enhancing existing safety
levels of operations Member States should be required to
ensure the conduct by the parties concerned of a safety
assessment
risk
including
assessment and mitigation processes.

identification,

hazard

(3)

The territorial scope of this Regulation should be clearly
defined by reference to Regulation (EC) No 551/2004 of
the European Parliament and of the Council of 10 March

(8)

The measures provided for in this Regulation are in
accordance with the opinion of
Sky
Committee established by Article 5 of Regulation (EC)
No 549/2004,

Single

the

(1) OJ L 96, 31.3.2004, p. 26.
(2) OJ L 96, 31.3.2004, p. 1.

(3) OJ L 96, 31.3.2004, p. 20.

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HAS ADOPTED THIS REGULATION:

Article 1

Subject matter and scope

the

lays

down

requirements

This Regulation

1.
on
procedures for flight plans in the pre-flight phase in order to
ensure the consistency of flight plans, repetitive flight plans and
associated update messages between operators, pilots and air
traffic services units through the Integrated Initial Flight Plan
Processing System, either in the period preceding the first
delivery of air traffic control clearance for flights taking off
from within the airspace covered by this Regulation or in the
period preceding entry into that airspace for other flights.

This Regulation shall apply to all

flights intended to
2.
operate or operating as general air traffic in accordance with
instrument flight rules within the airspace defined in Article
1(3) of Regulation (EC) No 551/2004.

This Regulation shall apply to each of

3.
the following
parties involved in the submission, modification, acceptance
and distribution of flight plans:

(a) operators and agents acting on their behalf;

4.

‘operator’ means a person, organisation or enterprise
engaged in or offering to engage in an aircraft operation;

5.

6.

7.

8.

9.

‘air traffic services unit’ (hereinafter ATS unit) means a unit,
civil or military,
traffic
services;

responsible for providing air

‘Integrated Initial Flight Plan Processing System’ (hereinafter
IFPS) means a system within the European Air Traffic
Management Network through which a centralised flight
planning processing and distribution service, dealing with
the reception, validation and distribution of flight plans, is
provided within the airspace covered by this Regulation;

‘air traffic control clearance’
(hereinafter ATC clearance)
means an authorisation for an aircraft to proceed under
conditions specified by an air traffic control unit;

‘instrument flight rules’ means instrument flight rules as
defined in Annex 2 (1) to the 1944 Chicago Convention
on International Civil Aviation;

traffic control unit’

‘air
(hereinafter ATC unit) means
variously area control centre, approach control unit or
aerodrome control tower;

(b) pilots and agents acting on their behalf;

10.

‘key items of a flight plan’ means the following items of a
flight plan:

(c) air traffic services units providing services to general air
traffic flying in accordance with instrument flight rules.

(a) aircraft identification;

Article 2

Definitions

For the purposes of this Regulation the definitions set out

1.
in Regulation (EC) No 549/2004 shall apply.

(b) departure aerodrome;

(c) estimated off-block date;

(d) estimated off-block time;

In addition to the definitions referred to in paragraph 1

2.
the following definitions shall apply:

(e) destination aerodrome;

1.

2.

3.

‘flight plan’ means specified information provided to air
traffic service units,
relative to an intended flight or
portion of a flight of an aircraft;

(f)

route excluding terminal area procedures;

(g) cruising speed(s) and requested flight level(s);

‘pre-flight phase’ means
first
submission of a flight plan until the first delivery of an
air traffic control clearance;

the period from the

(h) aircraft type and category of wake turbulence;

(i)

flight rules and type of flight;

‘repetitive flight plan’ means a flight plan related to a series
of frequently recurring, regularly operated individual flights
with identical basic features, submitted by an operator for
retention and repetitive use by air traffic service units;

(j) aircraft equipment and its related capabilities;

(1) Tenth edition — July 2005 — www.icao.int

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11.

‘originator’ means a person or organisation submitting
flight plans and any associated update messages to the
IFPS,
including pilots, operators and agents acting on
their behalf and ATS units;

12.

‘initial flight plan’ means the flight plan initially submitted
by the originator including changes,
initiated and
accepted by pilots, operators, an ATS unit or the centralised
service for flight planning processing and distribution of
flight plans during the pre-flight phase;

if any,

13.

‘aircraft identification’ means a group of letters, figures or a
combination thereof which is either identical to, or the
coded equivalent of, the aircraft call sign to be used in
air-ground communications, and which is used to identify
the aircraft in ground-ground air traffic services communi-
cations;

14.

‘estimated off-block date’ means the estimated date on
which the aircraft will commence movement associated
with departure;

15.

‘estimated off-block time’ means the estimated time at
which the aircraft will commence movement associated
with departure;

16.

‘terminal area procedures’ means the standard instrument
departures and the standard instrument arrival routes as
defined in ICAO Procedures
for Operational Services
(PANS-OPS, Doc 8168 — Volume 1 — Fourth edition
— 1993, incorporating Amendment No 13).

Article 3

Interoperability and performance requirements

1.
The ICAO provisions specified in the Annex shall apply to
the submission, acceptance and distribution of flight plans for
every flight subject to this Regulation and to all changes to a
key item in a flight plan in the pre-flight phase in accordance
with this Regulation.

2. Member States shall take the necessary measures to ensure
that when IFPS receives a flight plan, or change thereto,

it:

(a) checks

it

for

compliance with the

format and data

conventions;

(d) indicates acceptance of the flight plan or changes thereto to

the originator.

3. Member States shall take the necessary measures to ensure
that IFPS communicates to all affected ATS units the accepted
flight plan and any accepted pre-flight phase changes to the key
items of the flight plan and associated update messages.

4.
The originator, when not being the operator or the pilot,
shall ensure that the conditions of acceptance of a flight plan
and any necessary changes to these conditions as notified by
IFPS are made available to the operator or the pilot who has
submitted the flight plan.

shall

The operator

5.
conditions of
ensure
acceptance of a flight plan and any necessary changes thereto
as notified by IFPS to the originator are incorporated into the
planned flight operation and communicated to the pilot.

that

the

6.
The operator shall ensure prior to operation of the flight
that the content of the initial flight plan correctly reflects the
operational intentions.

ATC units

7.
shall, during the pre-flight phase, make
available through IFPS any necessary changes affecting the
route or flight
level key items of a flight plan that could
affect the safe conduct of a flight, for flight plans and associated
update messages previously received by them from IFPS.

No other changes to or cancellation of a flight plan shall be
made by an ATC unit in the pre-flight phase without coordi-
nation with the operator.

8. Member States shall take the necessary measures to ensure
that IFPS communicates any necessary pre-flight phase changes
referred to in the first subparagraph of paragraph 7 to the
originator of the flight plan.

9. When no flight plan has previously been received from
IFPS by ATS units for a flight entering the airspace under their
responsibility, the units concerned shall make available through
IFPS at least the aircraft identification, aircraft type, point of
entry to their area of responsibility, time and flight level at
that point, route and destination aerodrome for such flights.

Article 4

Safety requirements

(b) checks it for completeness and, to the extent possible, for

accuracy;

(c) takes action, if necessary, to make it acceptable to the air

traffic services; and

Member States shall take the necessary measures to ensure that
any changes to the existing procedures for flight plans in the
pre-flight phase covered by this Regulation or any introduction
of new procedures are preceded by a safety assessment,
including hazard identification, risk assessment and mitigation
processes, conducted by the parties concerned.

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Article 5

Additional requirements

ATS units shall ensure that their personnel

1.
involved in
flight planning are made duly aware of the relevant provisions
in this Regulation and that they are adequately trained for their
job functions.

4. Member States shall take the necessary measures to ensure
that the centralised flight planning processing and distribution
service:

(a) develops and maintains operations manuals containing the
necessary instructions and information to enable their
operations personnel to apply the provisions of this Regu-
lation;

2. Member States shall take the necessary measures to ensure
that the personnel operating the IFPS involved in flight planning
are made duly aware of the relevant provisions of this Regu-
lation and that
job
functions.

they are adequately trained for

their

(b) ensures that

the manuals referred to in point

(a) are
accessible and kept up to date and that their update and
distribution are subject to appropriate quality and documen-
tation configuration management;

3.

ATS units shall:

(a) develop and maintain operations manuals containing the
necessary instructions and information to enable their
operations personnel to apply the provisions of this Regu-
lation;

(c) ensures that the working methods and operating procedures
comply with the relevant provisions specified in this Regu-
lation.

5. Member States shall take the necessary measures to ensure
compliance with this Regulation.

(b) ensure that

the manuals

(a) are
accessible and kept up to date and that their update and
distribution are subject to appropriate quality and documen-
tation configuration management;

referred to in point

(c) ensure that the working methods and operating procedures
comply with the relevant provisions specified in this Regu-
lation.

Article 6

Entry into force and application

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

It shall apply from 1 January 2009.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 4 July 2006.

For the Commission

Jacques BARROT
Vice-President

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ANNEX

ICAO provisions referred to in Article 3(1)

1. Chapter 3, Paragraph 3.3 (Flight plans) of ICAO Annex 2 — Rules of the Air (10th edition — July 2005).

2. Chapter 4, Paragraph 4 (Flight plan), and Chapter 11, Paragraph 11.4.2.2 (Filed flight plan messages and associated

update messages) of ICAO PANS-ATM Doc. 4444 (14th edition — 2001).

3. Chapter 3 (Flight plans), and Chapter 14, Paragraph 14.1.4 (Flight information region boundaries estimates) of
Regional Supplementary Procedures, Doc. 7030/4 — EUR, Part 1, Rules of the Air, Air Traffic Services and Search
and Rescue, (Fourth edition — 1987, incorporating Amendment No 210).