Proposal for a Regulation of the European Parliament and of the Council amending Regulation (EC) No 216/2008 in the field of aerodromes, air traffic management and air navigation services and repealing Council Directive 06/23/EEC {SEC(2008) 2086} {SEC(2008) 2087}
Date: 2008-06-25
Institutions: European Commission
Subjects: air safety, air traffic, air traffic control, air transport, airport, approval, professional qualifications

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COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 25.6.2008 
COM(2008) 390 final 

2008/0128 (COD) 

Proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

amending Regulation (EC) No 216/2008 in the field of aerodromes, air traffic 
management and air navigation services and repealing Council Directive 06/23/EEC 

(presented by the Commission) 

{SEC(2008) 2086} 
{SEC(2008) 2087} 

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EXPLANATORY MEMORANDUM 

1. 

BACKGROUND 

The European Aviation Safety Agency was set up by Regulation (EC) No 1592/20021 which 
entered into force in September 2002. The original Regulation assigned the Agency tasks in 
two areas – airworthiness and environmental certification of aeronautical products, parts and 
appliances,  which,  together  with  the  organisations  responsible  for  their  design,  manufacture 
and  maintenance,  now  have  to  comply  with  uniform  binding  rules  adopted  by  the 
Commission2.  

The Agency provides the Commission with all the technical expertise it requires and assists it, 
inter alia, with exercising its legislative and regulatory tasks. The Agency is also setting up a 
system to monitor application of Community legislation, evaluate its effects and make useful 
suggestions. Certificates and approvals attesting that products and organisations comply with 
the common rules are issued either by the EASA or by the competent national authorities: the 
EASA  carries  out  type-certification  of  products  and  issues  certificates  for  organisations 
located in third countries; the national authorities issue individual certificates and approvals 
for most organisations located on their territory, on the basis of common rules and under the 
Agency’s supervision.  

Regulation (EC) No 216/20083 extended the EASA’s tasks to air operations, pilots’ licences 
and, within the limits set by the Chicago Convention, the safety of third-country aircraft. They 
include  standardisation  inspections  and  safety  oversight,  with  particular  responsibility  for 
ramp inspections. 

2. 

CURRENT CHALLENGES 

The Commission has always endeavoured to ensure that establishment of the internal market 
in  air  transport  is  flanked  by  development  of  common  safety  rules  to  ensure  high,  uniform 
standards in every Member State. 

The current excellent safety levels need to be maintained and even improved to mitigate the 
safety  risks  posed  by  growing  traffic  and  congestion.  It  is  also  important  to  integrate  the 
safety  aspects  into  the  Single  European  Sky  initiative,  in  order  to  ensure  that  the 
defragmentation of the sky will have no negative impact on accident rates. 

The  next  step  in  this  direction  should  be  to  extend  the  competences  of  the  Agency  to 
aerodromes, air traffic management and air navigation services (ATM/ANS). 

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Regulation  (EC)  No 1592/2002  of  the  European  Parliament  and  of  the  Council  of  15  July  2002  on 
common  rules  in  the  field  of  civil  aviation  and  establishing  a  European  Aviation  Safety  Agency 
(OJ L 240, 7.9.2002, p. 1). 
Commission  Regulations  (EC)  No 1702/2003  of  24  September  2003  (OJ  L  243,  27.9.2003,  p.  6)  and 
(EC)  No  2042/2003  of  20  November  2003  (OJ  L  315,  28.11.2003,  p.  1)  concerning  certification  and 
maintenance of aeronautical products, parts and appliances. 
Regulation (EC) No 216/2008 of the European Parliament and of the Council of 20 February 2008 on 
common  rules  in  the  field  of  civil  aviation and  establishing  a  European Aviation  Safety  Agency,  and 
repealing Council Directive 91/670/EEC, Regulation (EC) No 1592/2002 and Directive 2004/36/EC. 

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3. 

OPINION  OF  THE  EUROPEAN  AVIATION  SAFETY  AGENCY  AND  CONSULTATION  OF 
INTERESTED PARTIES 

Before  doing  this,  the  Commission  was  first  required,  under  Article  19  of  Regulation  (EC) 
No 216/2008, to obtain the opinion of the EASA. The Agency in turn, in accordance with its 
rules  of  procedure4  and  international  practice  in  this  area,  had  to  carry  out  extensive 
consultations of all the interested parties and take their comments into account before giving 
an  opinion.  It  therefore  published  two  separate  notices  of  proposed  amendments,  one  for 
aerodromes and one for ATM/ANS. A total of more than 3 500 comments were received.  

On the basis of these comments, the Agency examined the issues. On 6 December 2007 it sent 
the Commission an opinion concerning aerodromes. Its opinion on air traffic management and 
air navigation services followed on 15 April 2008.  

A strong broad consensus emerged from the consultations in favour of completing the process 
initiated  in  2002  by  adding  the  safety  aspects  of  aerodromes  and  ATM/ANS  to  the  tasks 
entrusted to the EASA, thus making it the watchdog for European aviation safety regulation. 
The need to build an effective interface with developments on the Single European Sky was 
also underlined. 

4. 

IMPACT STUDY 

This  proposal  for  a  Regulation  was  preceded  by  an  impact  assessment  carried  out  by  the 
Commission.  The  impact  assessment  was  based  on  the  results  of  the  preliminary  impact 
assessment  launched  by  the  Commission  in  2005  and  drafted  by  an  independent  consultant 
and  on  the  regulatory  impact  assessment  (RIA)  by  the  EASA.  The  impact  assessment 
examined several options:  

A 

B 

C 

D 

E 

“Do nothing”; 

Extend the EASA competences; 

Extend the scope of the existing arrangement to issue mandates to Eurocontrol; 

Establish a new Agency;  

Extend  the  EASA  competences  and  include  additional  competences  beyond  the 
scope of option B 

All  these  options  were  measured  against  the  “do  nothing”  option  as  the  benchmark  for 
analysing their safety, economic, environmental, social and other impact. Comparison of their 
impact  very  clearly  indicated  that  the  preferred  option  is  to  extend  the  EASA’s  remit  to 
include  regulatory  responsibility  for  aerodromes  and  ATM/ANS  matters.  This  option  was 
found to have no adverse impact in the above-mentioned fields. 

The endorsement of the Impact Assessment Board was received on 23 April 2008. 

4 

Decision  MB/7/03  of  27 June  2003  concerning  the  procedure  to  be  applied  by  the  Agency  for  the 
issuing of opinions, certification specifications and guidance material, adopted pursuant to Article 43 of 
Regulation (EC) No 1592/2002. 

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5. 

PROPOSAL FOR A REGULATION 

5.1. 

Instrument and method 

Extending  the  scope  of  Regulation  (EC)  No 216/2008  is  the  most  appropriate  means  of 
extending the common rules to cover the safety of aerodromes, air traffic management (ATM) 
and  air  navigation  services  (ANS)  too,  because  the  EASA  will  also  be  given  new  tasks  in 
these areas, notably over rulemaking, standardisation inspection and, albeit to a limited extent, 
certification. 

As  regards  aerodrome  safety,  the  intention  is  to  ensure  that  the  essential  requirements  and 
related  implementing  rules  for  aerodromes,  aerodrome  equipment,  organisations,  operations 
and  personnel  are  based  on  the  relevant  ICAO  standards.  Furthermore,  in  the  case  of 
aerodrome  equipment,  procedures  and  requirements  will  be  added  to  avoid  duplicating 
existing  rules,  be  they  in  a  “New  Approach”  Directive  or  "Single  European  Sky"(SES) 
implementing  rules.  Finally,  use  will  be  made,  as  appropriate,  of  standards  issued  by 
recognised standardisation bodies, such as the ISO, CEN, CENELEC, ETSI or EUROCAE.  

As  far  as  ATM/ANS  are  concerned,  it  will  be  necessary  to  coordinate  the  essential 
requirements  and  the  implementing  rules  properly  with  the  SES  regulations  and  the  related 
implementing rules. The objective is to ensure that the future EASA implementing rules will 
be based on the existing SES provisions, in particular the transposed ESARRs. To this end, 
transitional  mechanisms  will  be  designed  to  provide  for  the  continuity  of  approvals  already 
granted under the SES rules. 

5.2. 

Content 

5.2.1.  Amendments to the Agency’s opinion 

The  Agency’s  two  opinions  were  broadly  followed.  Obviously,  on  some  points  they  offer  a 
range  of  possible  ways  to  achieve  the  safety  objectives.  In  selecting  between  these  options, 
the Commission has followed the principles of good governance in order to make the best use 
of the available resources, subsidiarity and proportionality. 

5.2.2.  Extension of the scope of the Regulation 

The  scope  of  common  action  is  specified  in  Regulation  216/2008.  Any  extension  of  the 
Regulation  must  clearly  state  which  infrastructure,  products,  systems,  equipment,  services, 
persons  or  organisations  are  affected  and,  consequently,  will  be  subject  to  the  requirements 
laid  down  by  the  Regulation  and,  as  appropriate,  to  the  rules  adopted  to  implement  it. 
Conversely, any of the above not covered by community competences will remain under the 
responsibility of Member States which will have to take appropriate measures to provide the 
level of protection expected by their citizens. 

5.2.2.1.  Aerodromes 

To improve safety notably in aerodromes and in their surrounding, the proposed Regulation 
would extend the common rules to aerodromes. The main points are: 

•  All aerodromes open to the public which can serve IFR traffic or aircraft above a certain 

weight must be subject to Community legislation. 

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•  Dedicated  common  essential  requirements  (ERs)  covering  physical  characteristics, 
infrastructure, aerodrome equipment, operations, management and mitigation of hazards in 
the  immediate  vicinity  of  aerodromes  must  be  introduced  as  an  additional  Annex  to  the 
basic Regulation.  

•  Aerodrome owners, aerodrome operators, organisations or personnel providing services or 
equipment  which  can  affect  the  safety  of  aerodrome  operations  would  be  responsible  for 
implementation of these essential requirements under the supervision of Member States.  

•  Aerodrome  operators  would  adopt  and  implement  management  systems,  including  the 

safety aspects. 

•  Draft 

implementing 

rules  and  certification  specifications,  safety  analyses  and 

standardisation inspections would be amongst the tasks of the Agency.  

•  The Commission would be given powers to adopt implementing rules defining the detailed 
requirements  with  which  the  above-mentioned  organisations  and  persons  would  have  to 
comply and the applicable certification processes.  

•  Such  implementing  rules  would  be  proportionate  to  the  level  of  complexity  of  the 
aerodrome,  taking  into  account  the  nature  and  volume  of  its  activity;  they  should  be 
consistent with the relevant ICAO SARPs. 

•  Powers shall be given to the Agency to adopt certification specifications to be used in the 
certification  process,  which  would  provide  for  flexible  implementation  of  the  ERs  and  a 
uniform level of safety.  

•  Aerodrome design and operations would be certificated separately, but a single certificate 

may be issued if the aerodrome owner and operator are the same person.  

•  Operators  of  multiple  aerodromes  which  have  established  appropriate  central  operations 
may  request  a  single  certificate  covering  operations  and  management  at  all  aerodromes 
under their responsibility. 

•  While  verification  of  compliance  of  aerodrome  equipment  would  be  part  of  the 
certification  of  the  aerodrome  design  or  operator,  depending  on  the  intended  use,  safety-
critical  equipment  may  be  subject  to  dedicated  certification  schemes,  possibly  involving 
demonstration  of  the  capability  of  the  designer  and  manufacturer,  if  so  specified  by  the 
implementing rules, after proper assessment of the safety and economic benefits of doing 
so. 

5.2.2.2  ATM/ANS 

The  proposed  Regulation  should  provide  the  legal  basis  for  ensuring  that  the  safety  of  air 
traffic management, of air navigation services and of air/ground interoperability is organised 
under the aegis of the EASA system. In order to do so, the proposal is that: 

•  All  the  airspace  to  which  the  Treaty  applies,  along  with  any  other  airspace  where 

Regulation (EC) No 551/2004 applies, would be subject to Community legislation. 

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•  Dedicated  common  essential  requirements  (ERs)  mitigating  all  safety  hazards  relating  to 

use of airspace should be introduced as an additional Annex to the basic Regulation.  

•  Use  of  any  block  of  airspace  would  be  governed  by  a  operational  concept  designed  to 
mitigate the risks of collision both between aircraft and between aircraft and the ground.  

•  Airspace users would comply with the rules issued to implement the operational concepts 
applicable in the airspace in which they operate and make use of the services responsible 
for use of that airspace.  

•  Organisations and personnel involved in provision of ATM/ANS would be responsible for 

implementation of the applicable essential requirements. 

•  Air  traffic  controllers  and  organisations  involved  in  their  training  would  be  subject  to 

certification. 

•  Systems  and  constituents  used  for  provision  of  ATM/ANS  would  have  to  comply  with 

appropriate safety requirements when called for by their criticality. 

•  The Commission would be given powers to adopt implementing rules defining the detailed 
requirements  with  which  the  above-mentioned  organisations,  personnel  and  systems  and 
constituents  would  have  to  comply  and  the  applicable  certification  processes,  when 
relevant.  

•  Such  implementing  rules  would  be  proportionate  to  the  level  of  complexity  of  the 
regulated activity or of the criticality of the system and constituent concerned; they would 
be based on the existing SES provisions, in particular the transposed ESARRs. To this end, 
transitional  mechanisms  would  be  designed  to  provide  for  the  continuity  of  approvals 
already granted under the SES rules. 

•  Oversight  of  compliance  of  organisations  with  the  essential  requirements  and  the  related 
implementing rules would be done by the competent authorities of Member States, except 
for  the  oversight  of  organisation  located  in  third  countries  or  providing  services  in  the 
airspace of more than three Member States, which would be done by the Agency. 

•  Draft 

implementing 

rules  and  certification  specifications,  safety  analyses  and 
standardisation  inspections  of  national  competent  authorities  would  be  amongst  the  tasks 
of the Agency. 

•  ATM/ANS  providers  would  adopt  and  implement  management  systems  including  the 
safety  aspects  and  would  be  certified,  except  those  providing  only  flight  information  or 
aerodrome apron management services, which would only declare their capability. 

•  While  verification  of  compliance  of  systems  and  constituents  would  be  part  of  the 
certification  of  the  ATM/ANS  providers,  safety-critical  equipment  may  be  subject  to 
dedicated certification schemes, possibly involving demonstration of the capability of the 
designer  and  manufacturer,  if  so  specified  by  the  implementing  rules,  after  proper 
assessment of the safety and economic benefits of doing so. 

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5.2.3.  Other amendments to the Regulation 

In  addition  to  the  new  articles  concerning  aerodromes,  ATM  and  ANS  and  the  related 
annexes, some articles had to be amended in order to take due account of the new tasks. 

6. 

CORRELATION  TABLE  SHOWING  THE  NEW  AND  FORMER  NUMBERING  OF  THE 
ARTICLES AND THE AMENDMENTS MADE TO REGULATION (EC) NO 216/2008 

New 

Former 

number 

number  

Changes 

1 

2 

3 

4 

5 

6 

7 

8 

8a 

8b 

8c 

8d 

9 

10 

11 

12 

13 

1 

2 

3 

4 

5 

6 

7 

8 

Scope extended to cover aerodromes and ATM/ANS 

Unchanged 

Addition of new definitions and amendment of some definitions 

Paragraph 3 amended 

Paragraphs 2(b) and (c) amended 

Unchanged 

Paragraph 4 amended 

Paragraphs 1, 5(a), 5(g) and 6 amended 

New 

Aerodromes 

New 

ATM and ANS 

New 

Air traffic controllers 

New 

Accredited bodies 

9 

10 

11 

12 

13 

Paragraphs 1 and 5 amended 

Paragraph 1 amended 

Paragraph 4 amended and paragraphs 5(a) and 5(b) added 

Unchanged 

Unchanged 

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14 

15 

16 

17 

18 

19 

20 

21 

22 

22a 

22b 

22c 

22d 

23 

24 

25 

26 

27 

28 

29 

30 

31 

32 

14 

15 

16 

17 

18 

19 

20 

21 

22 

Unchanged 

Unchanged 

Unchanged 

Unchanged 

Paragraphs (c) and (d) amended 

Paragraph 2(a) amended 

Unchanged 

Unchanged 

Unchanged 

New 

Aerodrome operator certification 

New 

ATM/ANS 

New 

Air traffic controller certification 

New 

Accredited bodies 

23 

24 

25 

26 

27 

28 

29 

30 

31 

32 

Unchanged 

Unchanged 

Unchanged 

Unchanged 

Unchanged 

Unchanged 

Unchanged 

Unchanged 

Unchanged 

Unchanged 

EN 

8 

   EN 

33 

34 

35 

36 

37 

38 

39 

40 

41 

42 

43 

44 

45 

46 

47 

48 

49 

50 

51 

52 

53 

54 

55 

33 

34 

35 

36 

37 

38 

39 

40 

41 

42 

43 

44 

45 

46 

47 

48 

49 

50 

51 

52 

53 

54 

55 

Paragraph 2(c) amended 

Unchanged 

Unchanged 

Unchanged 

Unchanged 

Unchanged 

Unchanged 

Unchanged 

Unchanged 

Unchanged 

Unchanged 

Paragraph 1 amended 

Unchanged 

Unchanged 

Unchanged 

Unchanged 

Unchanged 

Paragraph 2 amended 

Unchanged 

Paragraphs 1 and 2 amended 

Unchanged 

Unchanged 

Paragraph 1 amended 

EN 

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56 

57 

58 

59 

60 

61 

62 

63 

64 

65 

56 

57 

58 

59 

60 

61 

62 

63 

64 

65 

Unchanged 

Unchanged 

Unchanged 

Unchanged 

Unchanged 

Unchanged 

Unchanged 

Unchanged 

Unchanged 

Unchanged 

65a 

New 

Amemdments 

66 

67 

68 

69 

70 

66 

67 

68 

69 

70 

Unchanged 

Unchanged 

Unchanged 

Unchanged 

Unchanged 

Annex I 

Annex I 

Unchanged 

Annex II  Annex II  Unchanged 

Annex III  Annex III  Unchanged 

Annex IV  Annex IV  Unchanged 

Annex V  Annex V 

Title amended 

Annex Va  New 

Essential requirements for aerodromes 

Annex Vb  New 

Essential requirements for air traffic management and air navigation 

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services 

7. 

SUBSIDIARITY AND PROPORTIONALITY 

Member States have already agreed that action at Community level is the only way to attain a 
high, uniform level of safety.  

Regulation  (EC)  No 1592/2002  and  Regulation  (EC)  No  216/2008  therefore  gradually 
transferred to the Community some competences of the Member States.  

There  is  a  need  for  Community  action  to  attain  the  objective  of  establishment  and  uniform 
application  of  common  rules  for  aerodromes,  air  traffic  management  and  air  navigation 
services. This proposal for a Regulation does not go beyond what is necessary to achieve this. 
That  is  why,  for  example,  its  scope  is  limited  to  aerodromes  open  to  public  use,  which  can 
serve IFR traffic or aircraft above a certain weight.  

Moreover, this Regulation does not imply that the EASA will carry out or provide services. It 
will  only  shift  responsibilities,  limited  mainly  to  rulemaking  and  standardisation  inspection, 
while  responsibility  for  operational  activities  will  remain  with  Member  States.  It  therefore 
complies  with  the  principles  of  subsidiarity  and  proportionality  provided  for  in  Article  5  of 
the Treaty establishing the European Community.  

8. 

EVALUATION 

The measures introduced by this Regulation and its implementing rules are to be evaluated in 
accordance with Article 62 of Regulation (EC) No 216/2008. 

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2008/0128 (COD) 

Proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

amending Regulation (EC) No 216/2008 in the field of aerodromes, air traffic 
management and air navigation services and repealing Council Directive 06/23/EEC 

(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 Commission5, 

Having regard to the opinion of the European Economic and Social Committee6, 

Having regard to the opinion of the Committee of the Regions7, 

Acting in accordance with the procedure laid down in Article 251 of the Treaty8, 

Whereas: 

(1) 

In its Communication of 15 November 2005 to the Council, the European Parliament, 
the  European  Economic  and  Social  Committee  and  the  Committee  of  the  Regions  - 
Extending  the  tasks  of  the  European  Aviation  Safety  Agency  -  an  agenda  for  2010.9 
the  Commission  announced  its  intention  to  progressively  extend  the  tasks  of  the 
European  Aviation  Safety  Agency  (hereinafter  referred  to  as  'the  Agency'),  in  the 
perspective  of  a 
to  aerodrome/airport  safety  and 
interoperability,  Air  Navigation  Services  (hereinafter  referred  to  as  'ANS')  and  Air 
Traffic Management (hereinafter referred to as 'ATM'). 

'total  system  approach', 

(2) 

The continuous growth of aviation in Europe leads  to many challenges, in particular 
regarding the key safety factors of aerodromes and ATM/ANS. Therefore, necessary 
risk  mitigation  measures  need  to  be  established  to  ensure  safety  by  a  harmonized, 
holistic regulatory approach across the Member States. 

(3) 

The achievements of the Single European Sky initiative need to be complemented by 
the harmonized safety element to be applied to aerodromes and ATM/ANS. 

5 
6 
7 
8 
9 

OJ C , , p. . 
OJ C , , p. . 
OJ C , , p. . 
OJ C , , p. . 
COM (2005)578. 

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(4) 

(5) 

(6) 

(7) 

(8) 

The Community should lay down, in line with standards and recommended practices 
set  by  the  Chicago  Convention,  essential  requirements  applicable  to  aeronautical 
products,  parts  and  appliances,  aerodromes  and  ATM/ANS  provision;  essential 
requirements  applicable  to  persons  and  organisations  involved  in  the  operation  of 
aerodromes and in the provision of ATM/ANS; and essential requirements applicable 
to persons and products involved in the training and medical examination of air traffic 
controllers.  The  Commission  should  be  empowered  to  develop  the  necessary  related 
implementing rules. 

It  would not be appropriate to subject all aerodromes to common rules. In  particular 
aerodromes  which  are  not  open  to  public  use  and  aerodromes  mainly  used  for 
recreational  flying  only  should  remain  under  the  regulatory  control  of  the  Member 
States,  without  any  obligation  under  this  Regulation  on  other  Member  States  to 
recognise  such  national  arrangements.  However,  proportionate  measures  should  be 
taken  by  Member  States  to  increase  generally  the  level  of  safety  of  recreational 
aviation.  The  Commission  will  re-examine  in  due  time  extending  the  scope  of 
application  to  aerodromes  currently  excluded  in  a  modular  manner  and  taking  full 
account of the impact this might have on such aerodromes. 

Aeronautical  products,  parts  and  appliances,  aerodromes  and  their  equipment, 
operators  involved  in  commercial  air  transport  and  in  the  operation  of  aerodromes, 
ATM/ANS  systems  and  providers,  as  well  as  pilots  and  air  traffic  controllers,  and 
persons,  products  and  organisations 
training  and  medical 
examination, should be certified or licensed once they have been found to comply with 
essential requirements to be laid down by the Community in line with standards and 
recommended  practices  set  by  the  Chicago  Convention.  The  Commission  should  be 
empowered  to  develop  the  necessary  implementing  rules  for  establishing  the 
conditions  for  the  issue  of  the  certificate  or  the  conditions  for  its  replacement  by  a 
declaration  of  capability,  taking  into  account  the  risks  associated  with  the  different 
types of operations or services. 

involved 

their 

in 

Under  the  Community  institutional  system,  implementation  of  Community  law  is 
primarily the responsibility of the Member States. Certification tasks required by this 
Regulation and its implementing rules are therefore to be executed at national level. In 
certain  clearly-defined  cases,  however,  the  Agency  should  also  be  empowered  to 
conduct certification tasks as specified in this Regulation. The Agency should, for the 
same reason, be allowed to take the necessary measures related to the fields covered 
by this Regulation when this is the best means to ensure uniformity and facilitate the 
functioning of the internal market. 

The implementing rules to be developed by the Agency in the domain of ATM/ANS 
should be built on the basis of the provisions of Regulation (EC) No 549/2004 of the 
European  Parliament  and  of  the  Council  of  10  March  2004  laying  down  the 
framework  for  the  creation  for  the  single  European  sky10,  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 sky11, Regulation (EC) No 
551/2004  of  the  European  Parliament  and  of  the  Council  of  10  March  2004  on  the 

10 
11 

OJ L 96, 31.3.2004, p. 1. 
OJ L 96, 31.3.2004, p. 10. 

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organisation and use of the airspace in the single European sky12, Regulation (EC) No 
552/2004  of  the  European  Parliament  and  of  the  Council  of  10  March  2004  on  the 
interoperability of the European Air Traffic Management network13, in particular the 
transposed  ESARRs.  In  this  respect,  transitional  mechanisms  should  be  designed  in 
order  to  provide  for  the  continuity  of  approvals  already  granted  under  the  rules  of 
those Regulations. 

(9) 

It  is  a  general  objective  that  the  transfer  of  functions  and  tasks  from  the  Member 
States, including those resulting from their cooperation through the Safety Regulation 
Commission  of  Eurocontrol,  to  the  Agency  should  be  done  efficiently,  without  any 
reduction  in  the  current  high  levels  of  safety,  and  without  any  negative  impact  on 
certification  schedules.  Appropriate  measures  should  be  adopted  to  provide  for  the 
necessary transition. 

(10)  This  Regulation  establishes  an  appropriate  and  comprehensive  framework  for  the 
definition  and  implementation  of  common  technical  requirements  and  administrative 
procedures  in  the  field  of  civil  aviation.  Directive  2006/23/EC  of  the  European 
Parliament and of the Council of 5 April 2006 on a Community air traffic controller 
licence14  should  therefore  be  repealed,  without  prejudice  to  the  certification  or 
licensing of products, persons and organisations already carried out in accordance with 
those acts. 

(11)  This  Regulation  sets  up  an  appropriate  and  comprehensive  framework  for  the  safety 
regulation of aerodromes, air traffic management and air navigation services, and for 
the  total  system  approach  to  civil  aviation  safety.  Regulation  (EC)  No  549/2004, 
Regulation (EC) No 550/2004 Regulation (EC) No 551/2004 and Regulation (EC) No 
552/2004  should  therefore  be  adapted  to  become  consistent  with  this  Regulation. 
Power should be conferred on the Commission to make these adaptations. Since those 
measures  are  of  general  scope  and  are  designed  to  amend  non  essential  elements  of 
this  Regulation,  they  must  be  adopted  in  accordance  with  the  regulatory  procedure 
with scrutiny provided for in Article 5a of Decision 1999/468/EC. 

(12)  Power  should  also  be  conferred  on  the  Commission  to  adopt  implementing  rules  for 
air  traffic  controller  licensing  and  associated  approvals,  aerodromes  and  aerodrome 
operations,  air  traffic  management  and  air  navigation  services,  and  associated 
certificates, oversight and enforcement, as well as to adopt a regulation on the fees and 
charges of the Agency. Since those measures are of general scope and are designed to 
amend  non-essential  elements  of  this  Regulation,  inter  alia  by  supplementing  it  with 
new  non-essential  elements,  they  must  be  adopted  in  accordance  with  the  regulatory 
procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC. 

HAVE ADOPTED THIS REGULATION: 

Regulation (EEC) No 216/2008 is amended as follows: 

Article 1 

12 
13 
14 

OJ L 96, 31.3.2004, p. 20. 
OJ L 96, 31.3.2004, p. 26. 
OJ L 114, 27.04.2006, p. 22. 

EN 

14 

   EN 

                                                 
(1) Article 1 is replaced by the following: 

"Article 1 
Scope 

1. 

This Regulation shall apply to: 

(a) 

(b) 

(c) 

(d) 

(e) 

the  design,  production,  maintenance  and  operation  of  aeronautical 
products, parts and appliances, as well as personnel and organisations 
involved in the design, production and maintenance of such products, 
parts and appliances; 

personnel and organisations involved in the operation of aircraft; 

the design, maintenance, operation and protection of the surroundings 
of  aerodromes,  as  well  as  personnel  and  organisations  involved 
therein; 

the  design,  production  and  maintenance  of  aerodrome  equipment,  as 
well as personnel and organisations involved therein; 

the  design,  production  and  maintenance  of  systems,  parts  and 
appliances  for  Air  Traffic  Management  and  Air  Navigation  Services 
(hereinafter  referred  to  as  "ATM/ANS"),  as  well  as  personnel  and 
organisations involved therein; 

(f) 

ATM/ANS, as well as personnel and organisations involved therein. 

2. 

This Regulation shall not apply to: 

(a) 

(b) 

(c) 

products, parts, appliances, personnel and organisations referred to in 
paragraph 1  (a)  and  (b)  while  carrying  out  military,  customs,  police, 
search  and  rescue,  fire  fighting,  coastguard  or  similar  activities  or 
services.  The  Member  States  shall  undertake  to  ensure  that  such 
activities  or  services  have  due  regard  as  far  as  practicable  to  the 
objectives of this Regulation; 

aerodromes  or  part  thereof,  as  well  as  equipment,  personnel,  and 
organisations,  referred  to  in  paragraph 1  (c)  and  (d),  when  used 
exclusively  by  aircraft  falling  within  the  scope  of  point  (a)  of  this 
paragraph; 

ATM/ANS,  including  systems,  parts  and  appliances,  personnel  and 
organisations,  referred  to  in  paragraph 1  (e)  and  (f),  when  providing 
services  exclusively  to  aircraft  referred  to  in  point  (a)  of  this 
paragraph. The Member  States shall undertake to ensure  that  aircraft 
referred to in point (a) are separated from other aircraft." 

(2) Article 3 is amended as follows: 

(a)  Point (d) is replaced by the following: 

EN 

15 

   EN 

"(d) "parts and appliances" shall mean any instrument, equipment, mechanism, 
including 
part,  apparatus,  appurtenance,  software  or  accessory, 
communications  equipment,  that  is  used  or  intended  to  be  used  in 
operating  or  controlling  an  aircraft  in  flight;  it  shall  include  parts  of  an 
airframe,  engine  or  propeller,  or  equipment  used  to  manoeuvre  the 
aircraft from the ground, as well as constituents as defined in Article 2, 
point (19) of Regulation (EC) No 549/2004*; 

__________________ 

* 

OJ L 96, 31.3.2004, p. 1" 

(b)  Point (h) is replaced by the following: 

"(h) "operator" shall mean any legal or natural person, operating or proposing 

to operate one or more aircraft or aerodromes;" 

(c) The following points (m) to (t) are added: 

" 

(m)  “aerodrome” shall mean any area on land, water or man made structure 
or vessel, especially adapted for the landing, taking-off and manoeuvring 
of aircraft; 

(n) 

(o) 

(p) 

(q) 

(r) 

“aerodrome  equipment”  shall  mean  any  equipment,  apparatus, 
appurtenance, software or accessory, that is used or intended to be used 
in operating an aerodrome; 

“apron  management  service”  shall  mean  a  service  provided  to  manage 
the activities and the movement of aircraft and vehicles on an apron; 

“apron” shall mean a defined area intended to accommodate aircraft for 
purposes  of  loading  or  unloading  passengers,  mail  or  cargo,  fuelling, 
parking or maintenance; 

"aerodromes  open  to  public  use"  shall  mean  aerodromes  which  are 
included 
the  official  Aeronautical  Information  Service  (AIS) 
publication and offer services to any user without discrimination; 

in 

“ATM/ANS” shall mean the air traffic management functions as defined 
in Article 2, point (10), of Regulation (EC) No 549/2004, air navigation 
services  defined  in  Article  2,  point  (4),  of  that  Regulation  and  services 
consisting  in  origination  and  processing  of  data  and  formatting  and 
delivering data to airspace users for the purpose of air navigation;  

(s) 

“Flight Information Service” (FIS) shall mean a service provided for the 
purpose of giving advice and information useful for the safe and efficient 
conduct of flights; 

(t) 

“system”  means  any  combination  of  equipment  and  constituents  as 
defined in Article 2 point (19) of Regulation (EC) No 549/2004 

EN 

16 

   EN 

(3) In Article 4, the following paragraphs 3a and 3b are inserted:  

"3a.  Aerodromes  open  to  public  use,  including  equipment,  located  in  the 
territory  subject  to  the  provisions  of  the  Treaty  and,  which  can  serve 
traffic conducted in accordance with the instrument flight rules or aircraft 
with a maximum take-off mass of 2730 kg or more shall comply with this 
Regulation.  Personnel  and  organisations  involved  in  the  operation  of 
these aerodromes shall comply with this Regulation. 

3b.  ATM/ANS provided in the airspace  of the territory  to which the Treaty 
applies,  as  well  as  any  other  airspace  where  Regulation  (EC)  No 
551/2004  applies,  shall  comply  with  this  Regulation.  Systems  and  parts 
and appliances, personnel and organisations involved in the provision of 
these ATM/ANS shall comply with this Regulation." 

(4) In Article 5, paragraph 2, points (b) and (c) are replaced by the following: 

"(b)  The  measures  referred  to  in  paragraph  5  may  lay  down  a  requirement  of 
certification  in  respect  of  parts  and  appliances.  The  certificates  for  parts  and 
appliances  shall  be  issued  when  the  applicant  has  shown  that  the  parts  and 
appliances comply with the detailed airworthiness specifications established to 
ensure compliance with the essential requirements referred to in paragraph 1; 

(c)  An  individual  certificate  of  airworthiness  shall  be  required  in  respect  of  each 
aircraft. The certificate shall be issued when the applicant has shown that the 
aircraft  conforms  to  the  type  design  approved  in  its  type-certificate  and  that 
relevant documentation, inspections and tests demonstrate that the aircraft is in 
condition for safe operation. This certificate of airworthiness shall remain valid 
as long as it is not suspended, revoked or terminated and as long as the aircraft 
is  maintained  in  accordance  with  the  essential  requirements  related  to 
continuing  airworthiness  set  out  in  point 1.d  of  Annex I  and  the  measures 
adopted pursuant to paragraph 5;" 

(5) In Article 7, paragraph 4is replaced by the following: 

"4.  A  certificate  shall  be  required  in  respect  of  each  flight  simulation  training 
device used for the training of pilots. The certificate shall be issued when the 
applicant  has  shown  that  the  device  complies  with  the  rules  established  to 
ensure  compliance  with  the  relevant  essential  requirements  as  laid  down  in 
Annex III." 

(6) Article 8 is amended as follows: 

(a)  Paragraph 1 is replaced by the following: 

"1.  The  operation  of  aircraft  referred  to  in  Article 4(1)(b)  and (c)  shall 
comply  with  the  essential  requirements  laid  down  in  Annexes  IV  and 
Vb." 

(b)  Paragraph 5 is amended as follows: 

(i) 

Point (a) is replaced by the following: 

EN 

17 

   EN 

"(a)  conditions  to  operate  an  aircraft  in  compliance  with  the  essential 

requirements laid down in Annexes IV and Vb;" 

(ii)  Point (g) is replaced by the following: 

"(g)  how operations of aircraft referred to in points (a)(ii), (d) and (h) of 
Annex II,  when  used  for  commercial  air  transportation,  comply 
with the relevant essential requirements of Annexes IV and Vb." 

(c) 

In paragraph 6, the following indent is added 

"- 

take into account the safety aspects related to ATM/ANS;" 

(7) The following Articles 8a to 8d are inserted: 

"Article 8a  
Aerodromes 

1.  Aerodromes and aerodrome equipment as well as the operations of aerodromes 

shall comply with the essential requirements laid down in Annex Va.  

2. 

The  compliance  of  aerodromes,  aerodrome  equipment  and  operation  of 
aerodromes with the essential requirements shall be established in accordance 
with the following: 

(a)  A  certificate  shall  be  required  in  respect  of  each  aerodrome.  The 
certificate  and  certification  of  changes  to  that  certificate  shall  be  issued 
when  the  applicant  has  shown  that  the  aerodrome  complies  with  the 
aerodrome certification basis set out in point (b), and that the aerodrome 
has  no  feature  or  characteristic  making  it  unsafe  for  operation.  The 
certificate shall cover the aerodrome and its equipment. 

(b)  The certification basis shall consist of the following: 

(i) 

the applicable certification specifications related to aerodromes,  

(ii) 

the  provisions  for  which  an  equivalent  level  of  safety  has  been 
accepted and 

(iii)  the  special  detailed  technical  specifications  necessary  when  the 
design  features  of  a  particular  aerodrome  or  the  experience  in 
operation  render  any  of  the  specifications  referred  to  in  point  (i) 
inadequate or inappropriate to ensure conformity with the essential 
requirements laid down in Annex Va. 

(c)  The measures referred to in paragraph 3 may lay down a requirement of 
certification  in  respect  of  aerodrome  equipment.  The  certificate  for 
aerodrome equipment shall be issued when the applicant has shown that 
the  equipment  complies  with  the  detailed  specifications  established  to 
ensure  compliance  with  the  essential  requirements  referred  to  in 
paragraph 1. 

EN 

18 

   EN 

(d)  Organisations  responsible  for 

the  operation  of  aerodromes  shall 
demonstrate  their  capability  and  means  to  discharge  the  responsibilities 
associated  with  their  privileges.  These  capabilities  and  means  shall  be 
recognised through the issuance of a certificate. The privileges granted to 
the  approved  organisation  and  the  scope  of  the  approval  shall  be 
specified in the certificate. 

3. 

The  measures  designed  to  amend  non-essential  elements  of  the  requirements 
referred to in this Article, by supplementing it, shall be adopted in accordance 
with the regulatory procedure with scrutiny referred to in Article 65(4).  

Those measures shall specify in particular: 

(a) 

(b) 

(c) 

(d) 

(e) 

conditions  for  establishing  and  notifying  to  an  applicant  the  applicable 
certification basis applicable to an aerodrome; 

conditions  for  establishing  and  notifying  to  an  applicant  the  applicable 
detailed specifications applicable to aerodrome equipment; 

conditions  for  issuing,  maintaining,  amending,  suspending  or  revoking 
certificates  for  aerodromes  and  certificates  for  aerodrome  equipment, 
including  operating  limitations  related  to  the  specific  design  of  the 
aerodrome; 

conditions  for  operating  an  aerodrome  in  compliance  with  the  essential 
requirements laid down in Annex Va; 

conditions  for  issuing,  maintaining,  amending,  suspending  or  revoking 
the certificate referred to in paragraph 2 (d); 

(f) 

responsibilities of the holders of certificates; 

(g) 

conditions under which operations shall be prohibited, limited or subject 
to certain conditions in the interest of safety; 

(h)  measures  to  be  taken  by  the  competent  authorities  in  order  to  protect 
aerodromes  against  activities  and  developments  which  may  cause 
unacceptable risks to aviation in their surroundings. 

4. 

The measures referred to in paragraph 3 shall: 

(a) 

reflect  the  state  of  the  art  and  the  best  practices  in  the  field  of 
aerodromes; 

(b)  be proportionate to the size and complexity of the aerodrome and type of 

operations thereon; 

(c) 

(d) 

take  into  account  worldwide  aerodrome  operation  experience,  and 
scientific and technical progress; 

allow  for  immediate  reaction  to  established  causes  of  accidents  and 
serious incidents. 

EN 

19 

   EN 

 
Article 8b  
ATM/ANS 

1. 

Provision  of  ATM/ANS  shall  comply  with  the  essential  requirements  laid 
down in Annex Vb. 

2.  ATM/ANS providers shall be required to hold a certificate. The certificate shall 
be  issued  when  the  provider  has  demonstrated  its  capability  and  means  of 
discharging the responsibilities associated with their privileges. The privileges 
granted  and  the  scope  of  the  services  provided  shall  be  specified  in  the 
certificate. 

3. 

4. 

5. 

By  way  of  derogation  from  paragraph  2,  providers  of  flight  information 
services  and  apron  management  services  shall  declare  their  capability  and 
means of discharging the responsibilities associated with the services provided. 

The  measures  referred  to  in  paragraph  6  may  lay  down  a  requirement  of 
certification in respect of organisations engaged in the design, manufacture and 
maintenance  of  ATM/ANS  systems,  parts  and  appliances.  The  certificate  for 
those  organisations  shall  be  issued  when  they  have  demonstrated  their 
capability  and  means  of  discharging  the  responsibilities  associated  with  their 
privileges. The privileges granted shall be specified in the certificate. 

The  measures  referred  to  in  paragraph  6  may  lay  down  a  requirement  of 
certification  in  respect  of  ATM/ANS  systems,  parts  and  appliances.  The 
certificate  for  those  systems,  parts  and  appliances  shall  be  issued  when  the 
applicant  has  shown  that  the  systems,  parts  and  appliances  comply  with  the 
detailed  specifications  established  to  ensure  compliance  with  the  essential 
requirements referred to in paragraph 1. This certificate may be issued by the 
accredited bodies referred to in Article 8d.  

6. 

The  measures  designed  to  amend  non-essential  elements  of  the  requirements 
referred to in this Article, by supplementing it, shall be adopted in accordance 
with the regulatory procedure with scrutiny referred to in Article 65(4).  

Those measures shall specify in particular: 

(a) 

(b) 

(c) 

(d) 

conditions  to  provide  ATM/ANS  in  compliance  with  the  essential 
requirements laid down in Annex Vb; 

conditions  for  establishing  and  notifying  to  an  applicant  the  detailed 
specifications applicable to ATM/ANS systems, parts and appliances; 

conditions  for  issuing,  maintaining,  amending,  suspending  or  revoking 
the certificates referred to in paragraphs 2 and 4 and in Article 8d(2); 

conditions  under  which  the  accredited  bodies  referred  to  in  Article  8d 
may issue the certificates referred to in paragraph 5; 

(e) 

responsibilities of the holders of certificates; 

EN 

20 

   EN 

 
(f) 

(g) 

conditions and procedures for the declaration by, and for the oversight of 
service providers referred to in paragraph 3; 

conditions under which operations shall be prohibited, limited or subject 
to certain conditions in the interest of safety. 

7. 

The measures referred to in paragraph 6 shall: 

(a) 

reflect the state of the art and the best practices in the field of ATM/ANS; 

(b)  be proportionate to the type and complexity of the services provided; 

(c) 

take  into  account  worldwide  ATM/ANS  experience,  and  scientific  and 
technical progress; 

(d)  be  developed  on  the  basis  of  the  provisions  of  Regulation  (EC)  No 
(EC)  No 
549/2004  and  of  Regulations  (EC)  No  550/2004**, 
551/2004***  and  (EC)  No  552/2004****  of  the  European  Parliament 
and of the Council and provide for transitional mechanisms in respect of 
approvals already granted under those Regulations; 

(e) 

allow  for  immediate  reaction  to  established  causes  of  accidents  and 
serious incidents. 

8.  When  implementing  Regulation  (EC)  No  549/2004,  Member  States  and  the 

Commission shall take into account the following:  

(a)  The  management  of  any  specified  volume  of  airspace  shall  take  into 
traffic 
account 
characteristics, such as density and nature, as well as any other relevant 
operational considerations. It shall in particular  

the  airspace  and  expected 

the  complexity  of 

(i) 

specify  the  airspace  design,  including  its  underlying  functional 
architecture and associated processes; 

(ii) 

specify the ATM/ANS services to be provided and used, as well as 
their availability; 

(iii)  minimise  the  risk  of  insufficient  separation  between  aircraft  and 

between them and any obstacle on ground; 

(iv)  mitigate the risks of full or partial loss of services essential to the 

safe operation of ATM/ANS; 

(v)  define  the  maximum  airspace  capacity  and  type  of  operations 
authorised,  based  on  the  above  criteria  and  shall  address  all  the 
necessary elements needed to safely manage air traffic; 

(vi)  establish  mechanisms  to  avoid  that  air  traffic  volumes  exceed  the 

maximum airspace capacity; 

(vii)  clarify the roles and responsibilities of the different parties; and 

EN 

21 

   EN 

(viii)  address  interactions  with  neighbouring  airspace  governed  by 

different operational concepts, as well as with aerodromes. 

(b)  Sufficient  and  adequately  protected  electromagnetic  spectrum  for 
aeronautical  communications,  navigation  and  surveillance  shall  be 
ensured as a basis for the applicable operational concept.  

(c)  The  tactical  management  of  air  traffic  flows,  when  provided  at 
Community  or  governmental  level,  shall  use  and  provide  sufficiently 
precise and current information of the volume and nature of the planned 
air  traffic  affecting  service  provision  and  shall  coordinate  and  negotiate 
rerouting  or  delaying  traffic  flows  in  order  to  prevent  overloading 
situations occurring in the air or at the aerodromes. 

(d)  The designation  of specific  volumes  of airspace for  a certain use, when 
provided  at  governmental  level,  shall  be  monitored,  coordinated  and 
promulgated in a timely manner in order to prevent any loss of separation 
between aircraft in all circumstances. 

(e)  Appropriate coordination shall be established with the Agency to ensure 
that  all  safety  aspects  of  points  (a)  to  (d)  are  properly  addressed  and 
validated before implementation. 

Article 8c  
Air traffic controllers 

1.  Air  traffic  controllers  as  well  as  persons  and  organisations  involved  in  the 
training, testing, checking or medical assessment of air traffic controllers, shall 
comply with the relevant essential requirements laid down in Annex Vb. 

2.  Air  traffic  controllers  shall  be  required  to  hold  a  licence  and  a  medical 

certificate appropriate to the service provided. 

3. 

4. 

5. 

6. 

The licence referred to in paragraph 2 shall be issued when the applicant for the 
licence  demonstrates  that  he  complies  with  the  rules  established  to  ensure 
compliance  with  the  essential  requirements  on  requirements  regarding 
theoretical  knowledge,  practical  skill,  language  proficiency  and  experience  as 
set out in Annex Vb. 

The medical certificate referred to in paragraph 2 shall be issued when the air 
traffic controller complies with the rules established to ensure compliance with 
the  essential  requirements  on  medical  fitness  as  set  out  in  Annex Vb.  The 
medical  certificate  may  be  issued  by  aero  medical  examiners  or  by  aero 
medical centres.  

The privileges granted to the air traffic controller and the scope of the licence 
and the medical certificate shall be specified in such licence and certificate. 

The  capability  of  air  traffic  controller  training  organisations  to  discharge  the 
responsibilities  associated  with  their  privileges  in  relation  to  the  issuance  of 
licenses shall be recognised by the issuance of an approval. 

EN 

22 

   EN 

7.  An  approval  shall  be  issued  to  air  traffic  controller  training  organisations 
having  demonstrated  that  they  comply  with  the  rules  established  to  ensure 
compliance with the relevant essential requirements as laid down in Annex Vb. 
The privileges granted by the approvals shall be specified therein. 

8. 

9. 

Persons responsible for providing practical training or for assessing air traffic 
controllers' skill shall hold a certificate. The certificate shall be issued when the 
person concerned has demonstrated that he complies with the rules established 
to ensure compliance with the relevant essential requirements as laid down in 
Annex Vb. The privileges granted by the certificate shall be specified therein. 

training  devices  shall  comply  with 

Synthetic 
relevant  essential 
requirements laid down in Annex Vb. The measures referred to in paragraph 10 
may  lay  down  a  requirement  of  certification  in  respect  of  synthetic  training 
devices  used  for  the  training  of  air  traffic  controllers.  The  certificate  shall  be 
issued  when  the  applicant  has  shown  that  the  device  complies  with  the  rules 
established to ensure compliance with the relevant essential requirements laid 
down in Annex Vb. 

the 

10.  The  measures  designed  to  amend  non-essential  elements  of  this  Article  by 
supplementing it, shall be adopted in accordance with the regulatory procedure 
with scrutiny referred to in Article 65(4).  

Those measures shall specify in particular: 

(a) 

the different ratings and endorsements for air traffic controllers' licences; 

(b) 

the  conditions  for  issuing,  maintaining,  amending,  limiting,  suspending 
or  revoking  licences,  ratings  and  endorsements  for  licences,  medical 
certificates,  approvals  and  certificates,  and  the  conditions  under  which 
such certificates and approvals need not be requested; 

(c) 

the privileges and responsibilities of the holders of licences, ratings and 
endorsements 
licences,  medical  certificates,  approvals  and 
certificates. 

for 

11.  The  measures  referred  to  in  paragraph 10  shall  reflect  the  state  of  the  art, 
including best practices and scientific and technical progress, in the field of air 
traffic controller training. 

Article 8d 
Accredited bodies 

1. 

Bodies  offering  services  consisting  in  the  assessment  of  the  conformity  of 
ATM/ANS  systems  or  parts  and  appliances  with  the  applicable  requirements 
and  in  issuing  the  related  certificates  (hereinafter  referred  to  as  "accredited 
bodies") shall comply with the essential requirements laid down in Annex V. 

2.  Accredited  bodies  shall  be  required  to  hold  an  accreditation  certificate.  The 
certificate shall be issued when the body demonstrates capability and means to 

EN 

23 

   EN 

 
discharge the responsibilities associated with privileges. The privileges granted 
to an accredited body shall be specified in the certificate. 

__________________ 

**  OJ L 96, 31.3.2004, p. 10. 

***  OJ L 96, 31.3.2004, p. 20. 

****  OJ L 96, 31.3.2004, p. 26." 

(8) Article 9 is amended as follows: 

(a) 

In paragraph 1, "Annexes I, III and IV" is replaced by "Annexes I, III, IV and 
Vb". 

(b) 

In paragraph 5, the following point (e) is added: 

"(e)  safety  aspects  related  to  the  applicable  ATM/ANS  operational 

concept are taken into account;" 

(9) In Article 10, paragraph 1 is replaced by the following : 

"1.  The  Member  States,  the  Commission  and  the  Agency  shall  cooperate  with  a 
view to ensuring compliance with this Regulation and its implementing rules ." 

(10) Article 11 is amended as follows: 

(a)  Paragraphs 4 and 5 are replaced by the following: 

"4.  Without prejudice to Article 69(4), certificates may be issued on the basis 
of the applicable national regulations until the date of application of the 
measures referred to in Articles 5(5), 7(6), and 9(4), but no later than 8 
April 2012. 

5.  Without prejudice to Article 69(4), certificates may be issued on the basis 
of the applicable national regulations or where applicable, on the basis of 
the relevant requirements of Regulation (EEC) No 3922/91 until the date 
of application of the measures referred to in Article 8(5), but no later than 
8 April 2012." 

(b)  The following paragraphs 5a and 5b are inserted:  

"5a.  Without prejudice to Article 69(4), certificates may be issued on the basis 
of the applicable national regulations until the date of application of the 
measures  referred  to  in  Articles  8a(3)  and  8c(10),  but  no  later  than  31 
December 2012. 

5b.  Without prejudice to Article 69(4), certificates may be issued on the basis 
of the applicable national regulations or, where applicable, on the basis of 
(EC)  No 
the 
2096/2005***** until the date of application of the measures referred to 
in Article 8b(6), but no later than 31 December 2012. 

requirements  of  Commission  Regulation 

relevant 

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_____________ 

*****  OJ L 335, 21.12.2005, p. 13." 

(11) In Article 18, points (c) and (d) are replaced by the following : 

"(c) 

issue certification specifications and acceptable means of compliance, as well 
as  any  guidance  material  for  the  application  of  this  Regulation  and  its 
implementing rules; 

(d) 

take  the  appropriate  decisions  for  the  application  of  Articles 20  to  23,  54 
and 55;" 

(12) In Article 19(2), point (a) is replaced by the following: 

"(a)  certification specifications and acceptable means of compliance; and" 

(13) The following Articles 22a to 22 d are inserted: 

"Article 22a 
Aerodrome Operator Certification 

With regard to aerodrome operators referred to in Article 4(3)(b) the Agency shall : 

(a) 

(b) 

(c) 

conduct,  itself  or  through  national  aviation  authorities  or  qualified 
entities, inspections, and audits of the organisations it certifies; 

issue and renew certificates of organisations, located outside the territory 
subject to the provisions of the Treaty, responsible for the operation of an 
aerodrome located in the territory subject to the provisions of the Treaty;  

amend,  suspend  or  revoke  the  relevant  certificate,  when  the  conditions 
according to which it was issued are no longer fulfilled or if the holder of 
the  certificate  fails  to  fulfil  the  obligations  imposed  on  it  by  this 
Regulation or by its implementing rules. 

Article 22b  
ATM/ANS 

With regard to air traffic management and air navigation services the Agency shall : 

(a) 

(b) 

(c) 

conduct,  itself  or  through  national  aviation  authorities  or  qualified 
entities, inspections, and audits of the organisations it certifies; 

issue  and  renew  certificates  of  organisations  providing  ATM/ANS 
services in more than three Member States; 

amend,  suspend  or  revoke  the  relevant  certificate,  when  the  conditions 
according to which it was issued are no longer fulfilled or if the holder of 
the  certificate  fails  to  fulfil  the  obligations  imposed  on  it  by  this 
Regulation or by its implementing rules. 

EN 

25 

   EN 

Article 22c 
Air Traffic Controller Certification 

1.  With regard to the personnel and organisations referred to in Article 8c(1), the 

Agency shall: 

(a) 

(b) 

(c) 

conduct,  itself  or  through  national  aviation  authorities  or  qualified 
entities,  investigations  and  audits  of  the  organisations  it  certifies  and, 
where relevant, their personnel; 

issue  and  renew  the  certificates  of  air  traffic  controller  training 
organisations  located  outside  the  territory  of  the  Member  States  and, 
where relevant, their personnel; 

amend,  suspend  or  revoke  the  relevant  certificate  when  the  conditions 
according  to  which  it  was  issued  by  it  are  no  longer  fulfilled,  or  if  the 
legal or natural person holding the certificate fails to fulfil the obligations 
imposed on it by this Regulation or its implementing rules. 

2.  With  regard  to  the  synthetic  training  devices  referred  to  in  Article 8c(1),  the 

Agency shall: 

(a) 

conduct,  itself  or  through  national  aviation  authorities  or  qualified 
entities, technical inspections of the devices it certifies; 

(b) 

issue and renew the certificates of synthetic training devices: 

(i) 

used by training organisations certified by the Agency;  

(ii) 

located  within  the  territory  of  the  Member States,  if  requested  by 
the Member State concerned; 

(iii) 

located outside the territory of the Member States;  

(c) 

amend,  suspend  or  revoke  the  relevant  certificate  when  the  conditions 
according to which it was issued are no longer fulfilled, or if the legal or 
natural  person  holding  the  certificate  fails  to  fulfil  the  obligations 
imposed on it by this Regulation or its implementing rules. 

Article 22d  
Accredited bodies 

With regard to accredited bodies the Agency shall: 

(a) 

conduct,  itself  or  through  national  aviation  authorities  or  qualified 
entities, inspections, and audits of the organisations it certifies; 

(b) 

issue and renew certificates of accredited bodies; 

(c) 

amend,  suspend  or  revoke  the  relevant  certificate,  when  the  conditions 
according to which it was issued are no longer fulfilled or if the holder of 

EN 

26 

   EN 

the  certificate  fails  to  fulfil  the  obligations  imposed  on  it  by  this 
Regulation or by its implementing rules;" 

(14) In Article 33(2)(c), the date "30 September" is replaced by "30 November".  

(15) In Article 44, paragraph 1 is replaced by the following: 

"1.  An appeal may be brought against decisions of the  Agency taken pursuant to 

Articles 20 to 23, 55 or 64." 

(16) In Article 50, paragraph 2 is replaced by the following: 

"2.  Actions  for  the  annulment  of  decisions  of  the  Agency  taken  pursuant  to 
Articles 20  to  23,  55  or 64  may  be  brought before the Court of  Justice  of the 
European  Communities  only  after  all  appeal  procedures  within  the  Agency 
have been exhausted." 

(17) Article 52 is amended as follows: 

(a) In paragraph 1, the first subparagraph is replaced by the following: 

"1.  As  soon  as  possible  after  the  entry  into  force  of  this  Regulation,  the 
Management  Board  shall  establish  transparent  procedures  for  issuing 
opinions,  certification  specifications,  acceptable  means  of  compliance 
and guidance material referred to in Article 18(a) and(c)." 

(b) Paragraph 2 is replaced by the following:  

"2.  When 

the  Agency,  pursuant 

to  Article  19,  develops  opinions, 
certification  specifications,  acceptable  means  of  compliance  and 
guidance  material  to  be  applied  by  Member  States,  it  shall  establish  a 
procedure for consulting the Member States. To this effect, it may create 
a working group in which each Member State is entitled to designate an 
expert." 

(18) In Article 55, paragraph 1, the first sentence is replaced by the following: 

"The  Agency  may  itself  conduct  or  assign  to  national  aviation  authorities  or 
qualified  entities  all  necessary  investigations  of  undertakings  in  accordance 
with Articles 7, 20 to 23 and 24(2)."  

(19) The following Article 65a is inserted: 

"Article 65a 
Amendments 

The  Commission  shall  amend  Regulation  (EC)  No  549/2004,  Regulation  (EC)  No 
550/2004, Regulation (EC) No 551/2004 and Regulation (EC) No 552/2004 in order 
to  take  into  account  the  requirements  of  this  Regulation  and  of  the  measures 
specified in Article 8b(6). These measures designed to amend non-essential elements 
of the said Regulations shall be adopted in accordance with the regulatory procedure 
with scrutiny referred to in Article 65(4)."  

EN 

27 

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(20) The title of Annex V is replaced by the following: 

"Criteria for qualified entities and accredited bodies 
referred to in Articles 8d and 13 (hereinafter individually referred to as "qualified entity" or 
"entity")" 

(21) Annexes Va and Vb as set out in the Annex to this Regulation are inserted. 

Directive 2006/23/EC is repealed as from the date of application of the measures referred to in 
Article 8c(10) of Regulation (EC) No 216/2008 as amended by the present Regulation.  

Article 2 

Article 3 

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

Articles 8a, 8b and 8c of Regulation (EC) No 216/2008 as amended by the present Regulation 
shall apply as from the date of application of their respective supplementing measures and at 
the latest from 1 January 2013.  

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

Done at Brussels, […] 

For the European Parliament 
The President 
[…] 

For the Council 
The President 
[…] 

EN 

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ANNEX 

"ANNEX Va 

Essential requirements for aerodromes 

A – Physical characteristics, infrastructure and equipment 

Movement area 

(a)  Aerodromes  must  have  a  designated  area  for  the  landing  and  take-off  of 

aircraft. 

(i)  The  landing  and  take-off  area  must  have  dimensions  suitable  for  the 

aircraft intended to use the facility.  

(ii)  The  landing  and  take-off  area,  where  applicable,  must  have  a  bearing 
strength  sufficient  to  support  repetitive  operations  of  the  intended 
aircraft.  Those  areas  not  intended  for  repetitive  operations  only  need  to 
be capable of supporting the aircraft.  

(iii)  The  landing  and  take-off  area  must,  where  applicable,  be  designed  to 
drain water and to prevent standing water becoming an unacceptable risk 
to aircraft operations. 

(iv)  The  slope  and  slope  changes  of  the  landing  and  take-off  area  must  not 

create an unacceptable risk to aircraft operations. 

(v)  The  surface  characteristics  must  be  adequate  for  use  by  the  intended 

aircraft. 

(vi)  The  landing  and  take-off  area  must  be  free  from  objects  which  might 

create an unacceptable risk to aircraft operations. 

(b)  Where there are several landing and take-off areas, they must be such that they 

do not create an unacceptable risk to aircraft operations.  

(c)  The  landing  and  take-off  area  must  be  surrounded  by  defined  areas.  These 
areas  are  intended  to  protect  aircraft  flying  over  them  during  take-off  or 
landing operations or to mitigate the consequences of inadvertent short landing, 
running off the side or overrunning the take-off and landing area.  

(i)  These areas must have dimensions appropriate to the aircraft operations 

anticipated. 

(ii)  The  slope  and  slope  changes  of  these  areas  must  not  create  an 

unacceptable risk to aircraft operations. 

(iii)  These  areas  must  be  free  from  objects  which  might  create  an 
unacceptable  risk  to  aircraft  operations.  This  should  not  preclude 
frangible  equipment  to  be  located  in  those  areas,  if  required  to  assist 
aircraft operations. 

EN 

29 

   EN 

(iv)  Each  of  these  areas  must  have  a  bearing  strength  sufficient  to  serve  its 

purpose. 

(d)  Those  areas  of  an  aerodrome,  with  their  associated  immediate  surroundings, 
that are to be used for taxiing or parking aircraft, must be designed to permit 
safe operation of the aircraft expected to use the particular facility under all the 
conditions planned for: 

(i)  These areas must have a bearing strength sufficient to support repetitive 
operations  of  the  intended  aircraft,  except  areas  which  are  expected  for 
only  occasional  use  which  only  need  to  be  capable  of  supporting  the 
aircraft.  

(ii)  These  areas  must  be  designed  to  drain  water  and  to  prevent  standing 

water becoming an unacceptable risk to aircraft operations. 

(iii)  The  slope  and  slope  changes  of  these  areas  must  not  create  an 

unacceptable risk to aircraft operations. 

(iv)  The surface characteristics of these areas must be adequate for use by the 

intended aircraft. 

(v)  These  areas  must  be  free  from  objects  which  might  create  an 
unacceptable risk to aircraft. This should not preclude parking equipment 
required for that area in specifically identified positions or zones. 

(e)  Other infrastructure intended for use by aircraft must be so designed that use of 
that infrastructure must not create an unacceptable risk to aircraft using it.  

(f)  Constructions,  buildings,  equipment  or  storage  areas  must  be  located  and 
designed so as not to create an unacceptable risk for aircraft operations. 

(g)  Suitable  means  must  be  provided 

to  prevent  unauthorised  persons, 
unauthorised vehicles or animals large enough to create an unacceptable risk to 
aircraft operations from entering the movement area, unless the related risk can 
be mitigated by other means providing an equivalent level of safety. 

Obstacle clearances 

(a)  To  protect  aircraft  proceeding  to  an  aerodrome  for  landing,  or  for  their 
departure  from  an  aerodrome,  arrival  and  departure  routes  or  areas  must  be 
established.  Such  routes  or  areas  must  provide  aircraft  with  the  required 
clearance from obstacles located in the area surrounding the aerodrome. 

(b)  Such obstacle clearance must be appropriate to the phase of flight and type of 
operation being conducted. It must also take into account the equipment being 
used for determining the position of the aircraft. 

Visual and Non-visual Aids and Aerodrome Equipment 

(a)  Aids  must  be  fit  for  purpose,  recognisable  and  provide  unambiguous 

information to users under all intended operational conditions.  

EN 

30 

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(b)  Aerodrome equipment must function as intended under the foreseen operating 
conditions,  without  needing  exceptional  skill  or  strength.  Under  operating 
conditions  or  in  case  of  failure,  aerodrome  equipment  must  not  cause  an 
unacceptable risk to aviation safety. 

(c)  The  aids  and  their  electrical  power  supply  system  must  be  so  designed  that 
failures  do  not  result  in  inappropriate,  misleading  or  insufficient  information 
being given to users or in interruption of an essential service. 

(d)  Suitable means of protection must be provided to avoid damage or disturbance 

to such aids.  

(e)  Sources  of  radiation  or  the  presence  of  moving  or  fixed  objects  must  not 
the  performance  of  aeronautical 

interfere  with  or  adversely  affect 
communications, navigation and surveillance systems. 

(f) 

Information on operation and use of aerodrome equipment must be provided to 
relevant  staff,  including  clear  indications  of  the  conditions  which  may  create 
unacceptable risks to aviation safety. 

Aerodrome data 

(a)  Data relevant to the aerodrome and the available services must be established 

and kept up to date. 

(b)  The data must be accurate, readable, complete and unambiguous. Appropriate 

integrity levels must be maintained. 

(c)  The  data  must  be  made  available  to  the  users  in  a  timely  manner,  using  a 

sufficiently secure and expeditious method of communication. 

B – Operations and Management 

(1) 

The  aerodrome  operator  is  responsible  for  operation  of  the  aerodrome.  The 
responsibilities of the aerodrome operator are as follows: 

(a)  The  aerodrome  operator  must  have,  directly or under contracts, all the means 
necessary  to  sustain  safe  operation  of  aircraft  at  the  aerodrome.  These  means 
include,  but  are  not  limited  to,  facilities,  personnel,  equipment  and  material, 
documentation of tasks, responsibilities and procedures, access to relevant data 
and record-keeping. 

(b)  The  aerodrome  operator  must  verify  that  the  requirements  of  Section  A  are 
complied  with  at  all  times  or  take  appropriate  measures  to  mitigate  the  risk 
associated with non-compliance. Procedures must be established and applied to 
make all users aware of such measures in a timely manner. 

(c)  The  aerodrome  operator  shall  establish  and  implement  an  appropriate 

aerodrome wildlife risk management programme. 

EN 

31 

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(d)  The  aerodrome  operator  must  demonstrate  that  movements  of  vehicles  and 
persons in the movement area and other operational areas are coordinated with 
movements of aircraft to avoid collisions and damage to aircraft. 

(e)  The  aerodrome  operator  shall  demonstrate  that  procedures  to  mitigate  risks 
related  to  aerodrome  operations  in  adverse  weather  conditions,  reduced 
visibility or at night, if applicable, are established and implemented. 

to  ensure  continuing  compliance  with 

(f)  The  aerodrome  operator  shall  establish  arrangements  with  other  relevant 
these  essential 
organisations 
requirements for aerodromes. These organisations include, but are not limited 
to, aircraft operators, air navigation service providers, ground handling service 
providers  and  other  organisations  whose  activities  or  products  may  have  an 
effect on aircraft safety. 

(g)  The aerodrome operator must demonstrate that procedures exist and are applied 
to  provide  aircraft  with  fuel  which  is  uncontaminated  and  of  the  correct 
specification.  

(h)  Manuals  for  maintenance  of  aerodrome  equipment  shall  be  available,  applied 
instructions,  servicing 

in  practice  and  cover  maintenance  and  repair 
information, trouble-shooting and inspection procedures. 

(i)  The  aerodrome  operator  shall  establish  and  implement  an  aerodrome 
emergency  plan,  covering  emergency  scenarios  that  may  occur  at  the 
aerodrome or in its surroundings. This plan shall be coordinated with the local 
community emergency plan. 

(j)  The  aerodrome  operator  must  demonstrate  that  aerodrome  rescue  and  fire-
fighting services for the critical aircraft planning to use the aerodrome as origin 
or  destination  are  provided.  Such  services  must  respond  to  an  incident  or 
accident with due urgency and shall include at least equipment, extinguishing 
agents and a sufficient number of personnel. 

(k)  The  aerodrome  operator  must  use  only  trained  and  qualified  personnel  for 
aerodrome  operations  and  maintenance  and  must  implement  and  maintain 
training  and  check  programmes  to  ensure  the  continuing  competence  of  all 
relevant personnel. 

(l)  The  aerodrome  operator  must  demonstrate 

that  any  person  permitted 
unescorted  access  to  the  movement  area  or  other  operational  areas  is 
adequately trained and qualified for such access. 

(m)  The rescue and fire-fighting personnel shall be properly trained and qualified to 
operate  in  the  aerodrome  environment.  The  aerodrome  operator  shall 
implement  and  maintain  training  and  check  programmes  to  ensure  the 
continuing competence of these personnel. 

(n)  All  rescue  and  fire-fighting  personnel  potentially  required  to  act  in  aviation 
emergencies  must  periodically  demonstrate  their  medical  fitness  to  execute 
their  functions  satisfactorily,  taking  into  account  the  type  of  activity.  In  this 
context,  medical  fitness,  comprising  both  physical  and  mental  fitness,  means 

EN 

32 

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not suffering from any disease or disability which could make these personnel 
unable: 

(i) 

to execute the tasks necessary to operate in aviation emergencies; 

(ii) 

to perform their assigned duties at any time; 

(iii) 

to perceive their environment correctly.  

Where medical fitness cannot be fully demonstrated, mitigation measures that 
provide equivalent safety may be implemented. 

(2) 

Management systems 

(a)  The  aerodrome  operator  must  implement  and  maintain  a  management  system 
to sustain compliance with these essential requirements for aerodromes and to 
aim  for  continuous  and  pro-active  improvement  of  safety  and  quality.  The 
management  system  shall  include  organisational  structures,  accountability, 
responsibilities, policies and procedures. 

(b)  The  management  system  shall  include  an  accident  and  incident  prevention 
programme,  including  an  occurrence-reporting  and  analysis  scheme.  The 
analysis shall involve the parties listed in point 1(f) above, as appropriate. 

(c)  The  aerodrome  operator  must  develop  an  aerodrome  manual  and  operate  in 
accordance  with  that  manual.  Such  manuals  must  contain  all  necessary 
instructions,  information  and  procedures  for  the  aerodrome,  the  management 
system and for operations personnel to perform their duties. 

C - Aerodrome surroundings 

(1) 

The airspace around aerodrome movement areas must be safeguarded from obstacles 
so as to permit the intended aircraft operations at the aerodromes without creating an 
unacceptable  risk  caused  by  the  development  of  obstacles  around  the  aerodrome. 
Obstacle  monitoring  surfaces  must  therefore  be  developed,  implemented  and 
continuously monitored to identify any infringing penetration. 

(a)  Any  infringement  of  these  surfaces  will  require  an  assessment  to  identify 
whether or not the object creates an unacceptable risk. Any unacceptable risk 
shall be removed or mitigated. 

(b)  Any remaining such obstacles must be published and, depending on the need, 

must be marked and, where necessary, provided with lights. 

(2) 

Hazards related to human activities and land use, such as, but not limited to, items on 
the following list, must be monitored and controlled. The risk caused by them shall 
be assessed and mitigated as appropriate: 

(a) 

any development or change in land use in the aerodrome area; 

(b) 

the possibility of building-induced turbulence; 

(c) 

the use of hazardous, confusing and misleading lights; 

EN 

33 

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(d) 

the dazzling caused by large and highly reflective surfaces; 

(e) 

(f) 

the creation of areas that might encourage wildlife activity in the surroundings 
of the aerodrome movement area; 

sources  of  non-visible  radiation  or  the  presence  of  moving  or  fixed  objects 
which may interfere with, or adversely affect, the performance of aeronautical 
communications, navigation and surveillance systems.  

A  local  community  emergency  plan  must  be  established  for  aviation  emergency 
situations occurring in the aerodrome local area. 

Except for aircraft emergency situations, when diverting to an alternate aerodrome, 
or under other conditions specified in each case, an aerodrome or parts thereof must 
not be used by aircraft for which the aerodrome design and operating procedures are 
not normally intended, without the consent of the aerodrome operator. 

(3) 

(4) 

EN 

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Essential requirements for air traffic management and air navigation services 

ANNEX Vb 

(1) 

Use of the Airspace 

(a)  All aircraft, in all phases of flight or on the movement area of an aerodrome, 
shall be operated in accordance with common general operating rules and any 
procedure specified for use of that airspace in accordance with the applicable 
operational concept. 

(b)  All  aircraft  must  be  equipped  with  the  required  appliances  and  operated 
accordingly. Appliances used in the ATM/ANS system shall also comply with 
the requirements in point 3. 

(2) 

Services 

(a)  Aeronautical  information  and  data  for  airspace  users  for  the  purpose  of  air 

navigation 

(i)  The data used as a source for aeronautical information must be of 
sufficient  quality,  complete,  current  and  provided  in  a  timely 
manner. 

(ii)  The resulting aeronautical information must be accurate, complete, 

current, unambiguous and in a suitable format for users. 

(iii)  The  dissemination  of  such  aeronautical  information  to  airspace 
users must be timely, be of adequate integrity and use sufficiently 
secure  and  expeditious  means  of  communication  protected  from 
interference and corruption. 

(b)  Meteorological information 

(i)  The  data  used  as  a  source  for  aeronautical  meteorological 
information must be of sufficient quality, complete and current. 

(ii)  The  resulting  aeronautical  meteorological  information  must  be 
sufficiently precise, complete, current and unambiguous to meet the 
needs of airspace users. 

(iii)  The dissemination of such aeronautical meteorological information 
to  airspace  users  must  be  timely,  be  of  adequate  integrity  and  use 
sufficiently  secure  and  expeditious  means  of  communication 
protected from interference and corruption. 

(c)  Air traffic services 

i) 

The  data  used  as  a  source  for  the  provision  of  air  traffic  services 
must be correct, complete and current. 

EN 

35 

   EN 

 
 
 
 
 
 
 
ii) 

The  resulting  air  traffic  services  must  be  sufficiently  precise, 
complete, current, and unambiguous to meet the needs of users. 

iii)  Automated tools providing information or advice to users must be 
properly  designed,  manufactured  and  maintained  to  ensure  that 
they are fit for their intended purpose. 

iv)  Air  traffic  control  services  and  related  processes  must  provide  for 
sufficient separation between aircraft, obstacles and other airborne 
hazards  and  must  ensure  prompt  and  timely  coordination  with  all 
relevant users and adjacent volumes of airspace. 

v)  Communication  between  air  traffic  control  and  aircraft  and 
between  relevant  air  traffic  control  units  must  be  timely  clear, 
correct,  unambiguous,  protected  from  intrusion  and  commonly 
understood and acknowledged by all actors involved. 

vi)  Means must be in place to detect possible emergencies and, when 
appropriate,  to  initiate  effective  search  and  rescue  action.  Such 
means  must,  as  a  minimum,  comprise  appropriate  alerting 
mechanisms,  coordination  measures  and  procedures,  means  and 
personnel to cover the area of responsibility efficiently. 

(d)  Communication services 

Communications  must  achieve  and  maintain  sufficient  performance, 
including  criteria  for  availability,  integrity,  continuity  and  timeliness  of 
the  service.  They  must  be  secure,  protected  from  corruption  and 
expeditious. 

(e)  Navigation service 

Navigation  service  must  achieve  and  maintain  a  sufficient  level  of 
performance  with  regard  to  guidance,  positioning  and,  when  provided, 
timing information. The performance criteria include accuracy, integrity, 
availability and continuity. 

(f) 

Surveillance service 

Surveillance services must determine the respective position of aircraft in 
the  air  and  of  other  aircraft  and  ground  vehicles  on  the  airport  surface, 
with  sufficient  performance,  including  criteria  for  their  accuracy, 
integrity, continuity and probability of detection. 

(g)  Air traffic flow management 

The tactical management of air traffic flows at Community level shall use 
and  provide  sufficiently  precise  and  current  information  of  the  volume 
and nature of the planned air traffic affecting service provision and shall 
coordinate  and  negotiate  rerouting  or  delaying  traffic  flows  in  order  to 
prevent overloading situations occurring in the air or at the aerodromes. 

EN 

36 

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(h)  Airspace management 

The designation of specific volumes of airspace for a certain use shall be 
monitored, coordinated and promulgated  in  a  timely  manner  in  order  to 
prevent any loss of separation between aircraft in all circumstances. 

(3) 

Systems and constituents 

(a)  General 

Systems  and  constituents  providing  ATM/ANS-related  information  to 
and  from  the  aircraft  and  on  the  ground  must  be  properly  designed, 
manufactured, installed, maintained and operated to ensure that they are 
fit for their intended purpose. 

(b)  System and constituent integrity, performance and reliability 

The integrity and safety-related performance of systems and constituents, 
considered collectively, separately and in relation to each other, whether 
on aircraft, on the ground or in space, must be demonstrated to be fit for 
level  of 
their 
performance required by the operational concepts for all their foreseeable 
operating conditions and for their whole operational life. 

intended  purpose.  They  must  meet 

the  expected 

(c)  Design of systems and constituents 

(i) 

Systems  and  constituents  must  not  have  design  features  or  details 
that experience has shown to be hazardous. 

(ii)  Systems and constituents, considered collectively, separately and in 
relation  to  each  other,  must  be  designed  in  such  a  way  that  an 
inverse relationship exists between the probability that any failure 
cannot  result  in  a  total  system  failure  or  a  full  loss  of  and  the 
severity of its effect on the service. 

(iii)  Systems  and  constituents,  considered 

in 
combination with each other, must be designed taking into account 
limitations related to human capabilities and performance 

individually  and 

(iv)  Systems  and  constituents  must  be  designed  in  a  manner  that 
protects  them  from  unintended  harmful  interactions  with  external 
elements.  

(v) 

Information  needed  for  manufacturing  installation,  operation  and 
maintenance of the systems and constituents as well as information 
concerning  unsafe  conditions  must  be  provided  to  personnel  in  a 
clear, consistent and unambiguous manner.  

EN 

37 

   EN 

 
 
 
 
 
 
 
 
(d)  Continuing level of service 

Means  must  be  provided  to  allow  integrity  and  safety  performance 
monitoring and reconfiguration of systems and constituents as necessary 
to maintain the level of service. 

(e)  Modification of systems and constituents 

the  essential  requirements 

When  systems  and  constituents  are  modified,  they  must  continue  to 
comply  with 
this  section.  When 
modifications  are  implemented  during  operations,  a  changeover  process 
must  be  developed  to  ensure  that  a  minimum  level  of  service  is 
maintained. 

in 

(4) 

Qualification of air traffic controllers 

(a)  General 

A  person  undertaking  training  as  an  air  traffic  controller  must  be 
sufficiently  mature  educationally,  physically  and  mentally  to  acquire, 
retain  and  demonstrate  the  relevant  theoretical  knowledge  and  practical 
skill. 

(b)  Theoretical knowledge 

(i)  An  air  traffic  controller  must  acquire  and  maintain  a  level  of 
knowledge appropriate to the functions exercised and proportionate 
to the risks associated with the type of service.  

(ii)  Acquisition  and  retention  of  theoretical  knowledge  must  be 
demonstrated  by  continuous  assessment  during  training,  or  by 
appropriate examinations. 

(iii)  An appropriate level of theoretical knowledge must be maintained. 
Compliance  must  be  demonstrated  by  regular  assessments  or 
examinations  must  be 
examinations.  The 
proportionate to the level of risk associated with the type of service. 

frequency  of 

(c)  Practical skill 

(i)  An  air  traffic  controller  must  acquire  and  maintain  the  practical 
skills appropriate to exercise his/her functions. Such skills must be 
proportionate  to  the  risks  associated  with  the  type  of  service  and 
must  cover  at  least,  if  appropriate  to  the  functions  exercised,  the 
following items: 

i 

ii 

Operational procedures 

Task specific aspects 

iii  Abnormal and emergency situations 

EN 

38 

   EN 

 
 
 
 
 
 
 
iv  Human factors 

v 

Threat and error management 

(ii)  An air traffic controller must demonstrate the ability to perform the 
associated  procedures  and  tasks  with  a  level  of  competence 
appropriate to the functions exercised. 

(iii)  A  satisfactory  level  of  competence  in  practical  skill  must  be 
regular 
maintained.  Compliance  must  be  demonstrated  by 
assessments  or  examinations.  The  frequency  of  these  assessments 
must  be  proportionate  to  the  complexity  and  the  level  of  risk 
associated with the type of service and the tasks performed. 

(d)  Language proficiency 

(i)  An air traffic controller must demonstrate proficiency to speak and 
understand  English  to  the  extent  he/she  is  able  to  communicate 
effectively in voice-only (telephone/radiotelephone) and in face-to-
face  situations  with  flight  crews  and  other  related  personnel  on 
in  emergency 
concrete  and  work-related 
situations. 

including 

topics, 

(ii)  Whenever  necessary  in  a  defined  volume  of  airspace  for  ATC 
service  provision  purposes,  a  person  providing  an  ATC  service 
must  also  have  proficiency  to  speak  and  understand  the  local 
language(s) to the extent described above. 

(e)  Synthetic training devices (STD) 

When  a  STD  is  used  for  practical  training  on  situational  awareness  and 
human factors or to demonstrate that skills are acquired or maintained, it 
must have a level of performance that allows adequate replication of the 
working  environment  and  operational  situations  appropriate  to  the 
training provided. 

(f)  Training course 

(i)  Training must be given by a training course, which may comprise 
theoretical and practical instruction, including synthetic training, if 
applicable. 

(ii)  A course must be defined and approved for each type of training. 

(g) 

Instructors 

(i)  Theoretical  instruction  must  be  given  by  appropriately  qualified 

instructors. They must: 

i 

have  appropriate  knowledge 
instruction is to be given; and 

in 

the  field  where 

EN 

39 

   EN 

 
 
 
 
 
 
 
 
 
ii 

have  demonstrated  the  ability  to  use  appropriate 
instructional techniques. 

(ii) 

Instruction  on  practical  skills  must  be  given  by  appropriately 
qualified instructors, who have the following qualifications:  

i 

ii 

iii 

iv 

v 

meet  the  theoretical  knowledge  and  the  experience 
requirements  appropriate  for  the  instruction  being 
given; 

have  demonstrated  the  ability  to  use  appropriate 
instructional techniques; 

have  practiced 
procedures 
instruction; 

instructional 
is 

it 

in  which 

techniques 
intended 

in 

those 
to  provide 

have demonstrated the ability to instruct in those areas 
in which instruction is to be given; and 

receive  regular  refresher  training  to  ensure  that  the 
instructional competences are maintained. 

(iii)  Instructors on practical skills must also be or have been entitled to 

act as an air traffic controller. 

(h)  Assessors 

(i) 

Persons responsible for assessing the skill of air traffic controllers 
must: 

i 

ii 

iii 

have demonstrated the ability to assess the performance 
of,  and  conducting  tests  and  checks  on  air  traffic 
controllers;  

have demonstrated the ability to assess in those areas in 
which assessment is to be made; and 

receive  regular  refresher  training  to  ensure  that  the 
assessment standards are maintained up to date. 

(ii)  Assessors on practical skills must also be or have been entitled to 

act as an air traffic controller. 

(i)  Medical fitness of an air traffic controller 

(i)  Medical criteria 

i 

All air traffic controllers must periodically demonstrate 
medical fitness to satisfactorily execute their functions. 
Compliance  must  be  shown  by  appropriate  assessment 
taking  into  account  the  possible  mental  and  physical 
degradation due to age. 

EN 

40 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
ii 

- 

- 

- 

Demonstration  of  medical  fitness,  comprising  physical 
and  mental  fitness,  shall  include  the  demonstrated 
absence  of  any  disease  or  disability,  which  makes  the 
person providing an ATC service unable: 

to  execute  properly  the  tasks  necessary  to  provide  air 

traffic control service; or 

to perform assigned duties at any time; or 

to perceive correctly his/her environment. 

(ii)  Where  medical  fitness  cannot  be  fully  demonstrated,  mitigation 
measures that provide equivalent safety may be implemented.  

(5) 

Service providers and training organisations 

(a)  Service  provision  must  not  be  undertaken unless the  following conditions  are 

met: 

(i)  The  service  provider  must  have  directly  or  indirectly  through  contracts 
the means necessary for the scale and scope of the service. These means 
comprise  but  are  not  limited  to  the  following:  systems,  facilities, 
including  power  supply,  management  structure,  personnel,  equipment 
and  its  maintenance,  documentation  of  tasks,  responsibilities  and 
procedures, access to relevant data and record keeping; 

(ii)  The service provider must develop and keep up-to-date management and 
operations manuals relating to the provision of its services and operate in 
accordance with those manuals. Such manuals must contain all necessary 
instructions, 
the 
management system and for operations personnel to perform their duties; 

information  and  procedures  for 

the  operations, 

(iii)  The  service  provider  must  implement  and  maintain  a  risk  based 
the  essential 
this  Annex  and  aim  for  continuous  pro-active 

to  ensure  compliance  with 

management 
requirements 
improvement of this system; 

system 
in 

(iv)  The  service  provider  must  use  only  suitably  qualified  and  trained 
training  and  checking 

implement  and  maintain 

personnel  and 
programmes for the personnel; 

(v)  The  service  provider  must  establish  formal  interfaces  with  all  the  other 
contributors  to  the  service  provision  to  ensure  compliance  with  these 
essential requirements; 

(vi)  The  service  provider  must  establish  and  implement  a  contingency  plan 
covering emergency and abnormal situations that may occur in relation to 
its services; 

(vii)  The service provider must establish and maintain an accident prevention 
and  safety  programme  including  an  occurrence  reporting  and  analysis 

EN 

41 

   EN 

 
 
 
 
 
programme, which must be used by the management system in order to 
contribute to the aim of continuous improvement of safety; and 

(viii)  The  service  provider  must  make  arrangements  to  verify  that  the  safety 
performance requirements of any system and constituent they operate are 
met at any time. 

(b)  ATC service provision must not be undertaken unless the following conditions 

are met: 

(i)  The prevention of fatigue of personnel providing an ATC service must be 
managed  through  a  rostering  system.  Such  a  rostering  system  needs  to 
address  duty  periods,  duty  time  and  adapted  rest  periods.  Limitations 
established  within  the  rostering  system  must  take  into  account  relevant 
factors  contributing  to  fatigue  such  as,  in  particular,  sleep  deprivation, 
disruption  of  circadian  cycles,  night  hours,  cumulative  duty  time  for 
given  periods  of  time  and  also  the  sharing  of  allocated  tasks  between 
personnel. 

(ii)  The prevention of stress of personnel providing an ATC service must be 

managed through education and prevention programmes. 

(iii)  The  ATC  service  provider  must  have  in  place  procedures  to  verify  that 
the  cognitive  judgement  of  personnel  providing  ATC  services  is  not 
impaired or their medical fitness insufficient. 

(iv)  The  ATC  service  provider  must  take  into  account  operational  and 
technical constraints as well as human factor principles in their planning 
and operations. The ATC service provider shall at any time limit entry of 
traffic  into  the  airspace  when  these  constraints  or  principles  may  be 
compromised. 

(c)  Communication (C), Navigation (N) and/or Surveillance (S) service provision 

must not be undertaken unless the following conditions are met: 

The  service  provider  must  keep  relevant  airspace  users  and  ATS  units 
informed on a timely basis of the operational status (and changes thereof) 
of their services provided for ATS purposes. 

(d)  Training organisations 

A  training  organisation  providing  training  for  personnel  providing  an 
ATC service must meet the following requirements: 

i 

have  all  the  means  necessary  for  the  scope  of  responsibilities 
associated  with  their  activity.  These  means  comprise,  but  are  not 
facilities,  personnel,  equipment, 
limited 
methodology,  documentation  of 
responsibilities  and 
procedures, access to relevant data and record-keeping; 

following: 

tasks, 

the 

to, 

EN 

42 

   EN 

 
 
 
ii 

iii 

implement  and  maintain  a  management  system  relating  to  safety 
and the standard of training, and aim for continuous improvement 
of this system; and 

establish  arrangements  with  other  relevant  organisations,  as 
necessary,  to  ensure  continuing  compliance  with  these  essential 
requirements." 

EN 

43 

   EN 

 
 
LEGISLATIVE FINANCIAL STATEMENT 

1. 

NAME OF THE PROPOSAL: 

Proposal for a Regulation of the European Parliament and of the Council amending 
Regulation  (EC)  No  216/2008  of  19  March  2008  on  common  rules  in  the  field  of 
civil aviation and establishing a European Aviation Safety Agency. 

2. 

ABM/ABB FRAMEWORK 

0602 – Inland, air and maritime transport 

3. 

BUDGET LINES 

3.1. 

Budget  lines  (operational  lines  and  related  technical  and  administrative 
assistance lines (ex- B.A lines)) including headings: 

06 02 01 (EASA) 

3.2. 

Duration of the action and of the financial impact: 

Unlimited period (annual contribution) 

3.3. 

Budgetary characteristics  

Budget 
line 

060201 

Type of expenditure 

New 

EFTA 
contribution 

Contributions 
from applicant 
countries 

Heading in 
financial 
perspective 

Non-
comp 

Diff15/ 

NO 

YES16 

NO 

No 1A 

15 
16 

Differentiated appropriations 
Participation  from  European  third  countries  associated  with  the  Agency  (Switzerland,  Norway  and 
Iceland). 

EN 

44 

   EN 

                                                 
4. 

SUMMARY OF RESOURCES 

4.1. 

Financial Resources 

4.1.1. 

Summary of commitment appropriations (CA) and payment appropriations (PA) 

EUR million (to 3 decimal places) 

Expenditure type 

Section 
no. 

n + 1 

n + 2 

n + 3 

n + 4 

Year 
n17 

n + 5 
and 
later 

Total 

Operational expenditure18 

Commitment Appropriations 
(CA) 

8.1. 

Payment 
(PA) 

Appropriations 

a 

b 

2.240  4.283 

4.660 

4.753 

4.848 

4.944 

25.728 

2.240  4.283 

4.660 

4.753 

4.848 

4.944 

25.728 

Administrative expenditure within reference amount19 

Technical 
administrative 
assistance (NDA) 

& 

0 

8.2.4. 

c 

TOTAL REFERENCE AMOUNT 

Commitment Appropriations 

a+c 

2.240  4.283 

4.660 

4.753 

4.848 

4.944 

25.728 

Payment Appropriations 

b+c  2.240  4.283 

4.660 

4.753 

4.848 

4.944 

25.728 

Administrative expenditure not included in reference amount20 

Human 
associated 
(NDA) 

resources 

and 
expenditure 

8.2.5. 

d 

Administrative  costs,  other 
than  human  resources  and 
not 
associated 
included 
reference 
in 
amount (NDA) 

costs, 

8.2.6. 

e 

0.117  0.119 

0.121 

0.124 

0.126 

0.129 

0.736 

0.026  0.053 

0.054 

0.055 

0.056 

0.057 

0.301 

Total indicative financial cost of intervention 

TOTAL  CA  including  cost 
of Human Resources 

TOTAL  PA  including  cost 
of Human Resources 

a+c
+d+
e 

b+c
+d+
e 

2.383  4.455 

4.835 

4.932 

5.030 

5.130 

26.765 

2.383  4.455 

4.835 

4.932 

5.030 

5.130 

26.765 

17 
18 
19 
20 

Assumimg that year n is 2010, year of possible adoption 
Expenditure that does not fall under Chapter xx 01 of the Title xx concerned. 
Expenditure within Article xx 01 04 of Title xx. 
Expenditure within Chapter xx 01 other than articles xx 01 04 or xx 01 05. 

EN 

45 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
Co-financing details 

If  the  proposal  involves  co-financing  by  Member  States,  or  other  bodies  (please 
specify  which),  an  estimate  of  the  level  of  this  co-financing  should  be  indicated  in 
the  table  below  (additional  lines  may  be  added  if  different  bodies  are  foreseen  for 
provision of the co-financing): 

Co-financing body 

EUR million (to 3 decimal places) 

n + 1 

n + 2 

n + 3 

n + 4 

Year 
n 

n  +  5 
and 
later 

Total 

European third countries21 

f 

0.054  0.103 

0.112 

0.114 

0.116 

0.118 

0.617 

TOTAL  CA  including  co-
financing 

a+c
+d+
e+f 

2.437  4.558 

4.947 

5.046 

5.146 

5.248 

27.382 

4.1.2.  Compatibility with Financial Programming 

X 

Proposal is compatible with existing financial programming. 

(cid:133) 

(cid:133) 

Proposal  will  entail  reprogramming  of  the  relevant  heading  in  the  financial 
perspective. 

Proposal  may  require  application  of  the  provisions  of  the  Interinstitutional 
Agreement22 (i.e. flexibility instrument or revision of the financial perspective). 

4.1.3.  Financial impact on Revenue 

X 

Proposal has no financial implications on revenue 

(cid:133) 

Proposal has financial impact – the effect on revenue is as follows: 

Budget line 

Revenue 

EUR million (to one decimal place) 

Situation following action 

[Yea
r n] 

[n+1] [n+2]  [n+3

] 

[n+4] [n+5]
23 

Prior 
to 
actio
n  
[Year 
n-1] 

a) Revenue in absolute terms 

b) Change in revenue 

 ∆ 

21 

22 
23 

Contribution from European third countries associated with the EASA under Article 66 of Regulation 
No  216/2008.  This  contribution  is  estimated  at  2,4%  of  the  Agency's  additional  budget,  excluding 
revenues from fees.  
See points 19 and 24 of the Interinstitutional Agreement. 
Additional columns should be added if necessary i.e. if the duration of the action exceeds 6 years 

EN 

46 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
4.2. 

Human Resources FTE (including officials, temporary and external staff) – see 
detail under point 8.2.1. 

Annual requirements 

Year n 

n + 1 

n + 2 

n + 3 

n + 4 

n + 5 
and 
later 

Total  number  of  human 
resources 

1 

1 

1 

1 

1 

1 

5. 

CHARACTERISTICS AND OBJECTIVES 

5.1. 

Need to be met in the short or long term 

Establishment of harmonized, binding rules to increase level of civil aviation safety. 

5.2. 

Value-added  of  Community  involvement  and  coherence  of  the  proposal  with 
other financial instruments and possible synergy 

Uniformly  applied  Community  rules  will  achieve  the  necessary  harmonisation  and 
increase in safety. 

5.3. 

Objectives, expected results and related indicators of the proposal in the context 
of the ABM framework 

The  measure  will  lead  to  an  enhanced  European  aviation  safety  regulatory  system 
which,  in  turn,  will  improve  aviation  safety.  Beneficial  impacts  also  include 
economic effects on the European aviation industry and social contributions. 

5.4.  Method of Implementation (indicative) 

X 

Centralised Management 

X 

directly by the Commission 

(cid:133) 

indirectly by delegation to: 

(cid:133) 

executive Agencies 

X 

bodies set up by the Communities as referred to in art. 185 of the 
Financial Regulation 

(cid:133) 

national public-sector bodies/bodies with public-service mission 

(cid:133) 

Shared or decentralised management 

(cid:133)  with Member states 

(cid:133)  with Third countries 

(cid:133) 

Joint management with international organisations (please specify) 

EN 

47 

   EN 

 
 
 
 
 
 
Relevant comments: 

The  Commission  and  EASA  will  be  jointly  involved  in  implementation  of  the 
measures introduced by this Regulation. 

EN 

48 

   EN 

6. 

MONITORING AND EVALUATION 

6.1.  Monitoring system 

Each year, the work of the EASA is monitored and evaluated in the annual general report (for 
the  previous  year)  and  the  work  programme  (for  the  following  year).  These  two  documents 
are  adopted  by  the  Agency's  Management  Board  and  sent  to  the  European  Parliament,  the 
Council, the Commission, the Court of Auditors and the Member States. 

6.2. 

Evaluation 

6.2.1.  Ex-ante evaluation 

In  accordance  with  Regulation  (EC)  No  216/2008,  the  Commission  asked  the  EASA  for  its 
opinion on extending the scope of this Regulation to cover safety aspects of aerodromes and 
ATM/ANS.  
Following  extensive  consultation  processes  in  accordance  with  its  internal  rules  and 
international  practice  in  this  area,  the  Agency  published  its  opinion  on  06  December  2007 
(aerodromes) and 15 April 2008 (ATM/ANS) in favour of extending the scope in mentioned 
areas based on an overwhelming support by the affected stakeholders.  
The  Commission  assessed  the  impact  of  the  measure,  which  resulted  in  clear  support  of 
extending the scope of Regulation (EC) No 216/2008 to cover these areas. 

6.2.2.  Measures taken  following  an intermediate/ex-post evaluation (lessons  learned from 

similar experiences in the past) 

6.2.3.  Terms and frequency of future evaluation 

Every five years, an independent external evaluation is carried out to see how well the EASA 
has fulfilled its tasks and evaluate the impact of the common rules and the Agency's work on 
the general level of aviation safety. 

7. 

ANTI-FRAUD MEASURES  

The  Executive  Director  implements  the  Agency's  budget.  Each  year,  he  presents  detailed 
accounts  for  the  previous  year  showing  revenue  and  expenditure  to  the  Commission,  the 
Court  of  Auditors  and  the  Agency's  Management  Board.  In  addition,  the  Commission's 
internal  auditor  has  the  same  terms  of  reference  with  respect  to  the  EASA  as  it  does  with 
respect to the Commission departments, and the Agency has an internal audit system similar 
to that of the Commission.  

Regulation  (EC)  No  1073/1999  of  the  European  Parliament  and  of  the  Council  of  25  May 
1999  concerning  investigations  conducted  by  the  European  Anti-Fraud  Office  (OLAF),  and 
the interinstitutional agreement of 25 May 1999 concerning internal investigations conducted 
by OLAF apply without restriction to the EASA. 

EN 

49 

   EN 

8. 

DETAILS OF RESOURCES 

8.1. 

Objectives of the proposal in terms of their financial cost 

Commitment appropriations in EUR million (to 3 decimal places) 

Type of 
output 

Av
. 
cos
t 

Year n 

Year n+1 

Year n+2 

Year n+3 

Year n+4 

Year n+5 
and later 

TOTAL 

No. 
outputs 

Total 
cost 

No. 
outputs 

Total 
cost 

No. 
outputs 

Total 
cost 

No. 
outputs 

Total 
cost 

No. 
outputs 

Total 
cost 

No. 
outputs 

Total 
cost 

No. 
output
s 

Total 
cost 

Development of common, binding safety rules regards aerodromes and ATM/ANS 

(Headings 
of 
Objectives, 
actions  and 
outputs 
should 
provided) 

be 

OPERATIONAL 
OBJECTIVE  No.1 
24 

Action 125 

Rulemaking 

Action 2. 

Standardisation 

Sub-total 
Objective 1 

TOTAL COST 

1.680 

0.560 

2.24 

1.713 

2.570 

4.283 

1.747 

2.913 

4.660 

1.782 

2.971 

4.753 

1.818 

3.030 

4.848 

1.854 

3.090 

4.944 

10.594 

15.134 

25.728 

2.24 

4.283 

4.660 

4.753 

4.848 

4.944 

25.728 

24 
25 

EN 

As described under Section 5.3 
The average cost per EASA employee to include overhead, infrastructural and travel cost is 140000 euros annually. For rulemaking the recruitment is 12 persons from year 
n; for standardisation the recruitment is evolving: 4 in year n, + 14 in year n+1, + 2 in year n+2 

50 

EN 

 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
8.2. 

Administrative Expenditure 

This  expenditure  is  covered  by  the  appropriations  allocated  annually  to  the 
Commission's authorising department. 

8.2.1.  Number and type of human resources 

Types of post 

Staff to be assigned to management of the action using existing and/or 
additional resources (number of posts/FTEs) 

Year n 

Year 
n+1 

Year 
n+2 

Year 
n+3 

Year 
n+4 

Year 
n+5 

A*/AD 

1 

1 

1 

1 

1 

1 

B*, 
C*/AST 

Officials or 
temporary 
staff26 (XX 01 
01) 

Staff  financed27  by  art. 
XX 01 02 

Other  staff28  financed by 
art. XX 01 04/05 

TOTAL 

8.2.2.  Description of tasks deriving from the action 

Preparation  of  technical  rules  and  regulations,  and  implementation  of  these 
regulations, including standardisation efforts. 

8.2.3. 

Sources of human resources (statutory) 

(cid:133) 

Posts currently allocated to the management of the programme to be replaced 
or extended 

(cid:133) 

Posts pre-allocated within the APS/PDB exercise for year n 

X 

Posts to be requested in the next APS/PDB procedure 

(cid:133) 

(cid:133) 

Posts  to  be  redeployed  using  existing  resources  within  the  managing  service 
(internal redeployment) 

Posts required for year n although not foreseen in the APS/PDB exercise of the 
year in question 

26 
27 
28 

Cost of which is NOT covered by the reference amount 
Cost of which is NOT covered by the reference amount 
Cost of which is included within the reference amount 

EN 

51 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
8.2.4.  Other  Administrative  expenditure  included  in  reference  amount  (XX  01  04/05  – 

Expenditure on administrative management) 

Budget line 

(number and heading) 

Technical 

1 
and 
assistance (including related staff costs) 

administrative 

EUR million (to 3 decimal places) 

Year 
n 

Year 
n+1 

Year 
n+2 

Year 
n+3 

Year 
n+4 

Year 
n+5  

and 
later 

TOTA
L 

0 

Executive agencies 

Other 

technical 

and 

administrative 

assistance 

- intra muros  

- extra muros 

Total  Technical  and  administrative 
assistance 

8.2.5.  Financial cost of human resources and associated costs not included in the reference 

amount 

EUR million (to 3 decimal places) 

Type of human resources  Year n 

Year 
n+1 

Year 
n+2 

Year 
n+3 

Year 
n+4 

Year 
n+5 

and 
later 

0.117 

0.119 

0.121 

0.124 

0.126 

0.129 

Officials  and  temporary  staff 
(XX 01 01) 

Staff  financed  by  Art  XX  01 
02  (auxiliary,  END,  contract 
staff, etc.) 

(specify budget line) 

cost 

Total 
of  Human 
Resources  and  associated 
costs 
in  reference 
amount) 

(NOT 

Calculation– Officials and Temporary agents 

EN 

52 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
One official at the rate of 117 000 € (2008) indexed by 2% a year. 

Calculation– Staff financed under art. XX 01 02 

8.2.6. Other administrative expenditure not included in reference amount 

EUR million (to 3 decimal places)

Year 
n 

Year 
n+1 

Year 
n+2 

Year 
n+3 

Year 
n+4 

Year 
n+5 

and 
later 

TOTA
L 

XX 01 02 11 01 – Missions 

XX 01 02 11 02 – Meetings & Conferences 

XX 01 02 11 03 – Committees29  

0.026 

0.053 

0.054 

0.055 

0.056 

0.057 

0.301 

XX 01 02 11 04 – Studies & consultations 

XX 01 02 11 05 - Information systems 

2 

Total 

Other  Management 

Expenditure (XX 01 02 11) 

3  Other 

expenditure 

administrative 
including reference to budget line) 

nature 

of 

an 
(specify 

expenditure, 
than  human  resources  and 
in 

Total  Administrative 
other 
associated  costs  (NOT 
reference amount) 

included 

Calculation - Other administrative expenditure not included in reference amount 

Meeting of the Committee set up under Article 65 of Regulation No 216/2008, on the basis of 

1 meetings of 40 experts the first year and 2 meetings of 40 experts the following years, at the 

29 

Depending on the subject at the agenda and the related article in EASA regulation, the Committee can 
be advisory, regulatory or regulatory with scrutiny. Reference C 10000. 

EN 

53 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
rate of 650 euros per meeting per expert (2008) indexed by 2% a year. 

EN 

54 

   EN