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
Date: 2013-06-11
Institutions: European Commission
Subjects: European Aviation Safety Agency, air traffic, airport, amendment of a law, civil aviation

EUROPEAN 
COMMISSION 

Strasbourg, 11.6.2013  
COM(2013) 409 final 

2013/0187 (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 

(Text with EEA relevance) 

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EXPLANATORY MEMORANDUM 

CONTEXT OF THE PROPOSAL 

1. 
The  development  of  the  European  Aviation  Safety  Agency  (EASA)1  framework,  set  out  in 
particular in Regulation EC No 216/2008, is intertwined with the development of the Single 
European  Sky  initiative.  The  Single  European  Sky  (SES)  initiative  aims  to  improve  the 
overall efficiency of the way in which European airspace is organised and managed through a 
reform of the industry providing air navigation services (ANS). Its development has involved 
two comprehensive legislative packages – SES I and SES II composed of four regulations, i.e. 
Regulations  (EC)  No  549/2004,  (EC)  No  550/2004,  (EC)  No  551/2004  and  (EC)  No 
552/20042,  and  also  includes  a  comprehensive  project  to  modernise  equipment  and  systems 
for air navigation services under the SESAR title3.  

In  2009,  Regulation  (EC)  No  1108/2009  extended  the  competences  of  EASA  to  include  air 
traffic  management  and  air  navigation  services  (ATM/ANS).  Whilst  this  also  implied  the 
incorporation  of  various  ATM/ANS  technical  regulation  elements  into  the  scope  of  EASA, 
the corresponding changes to the four SES Regulations were not completed simultaneously. 
Instead  the  European  Parliament  and  the  Council  preferred  to  leave  the  corresponding  and 
existing competencies in the four abovementioned SES Regulations intact to ensure that there 
would be no gaps during the move from the old legal framework to the new one and also to 
support  the  idea  that  the  new  EASA-based  framework  should  be  built  on  existing  SES 
principles.  

The legislators addressed this overlap in the Regulations by inserting a new Article 65a into 
Regulation (EC) No 216/2008. This article requires the Commission to propose amendments 
to  the  four  SES  Regulations  to  take  into  account  the  requirements  of  Regulation  (EC)  No 
216/2008. 

Secondly, there is a more general mismatch between the approach used for all other sectors of 
aviation  (airworthiness,  crew  licensing,  air  operations  etc.)  in  the  EASA  framework  and  air 
traffic  management  (ATM/ANS).  Generally  speaking  the  approach  is  that  all  technical 
regulations are concentrated within the scope of EASA to meet the objectives of Article 2 of 
Regulation  (EC)  No  216/2008  and  economic  regulation  is  carried  out  by  the  Commission. 
However  in  ATM/ANS  (i.e.  SES)  the  picture  is  more  mixed,  with  technical  regulations 
stemming  from  various  sources4.  It  would  therefore  be  beneficial  to  ensure  a  harmonised 
approach  to  this  important  regulatory  area,  so  that  all  consultations  are  conducted  with  the 
same thoroughness, all rules fit in the same structure and serve the same objectives, making 

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Whereas  the  Commission  Roadmap  on  implementation  of  the  Joint  Statement  of  the  European 
Parliament,  the  Council  of  the  EU  and  the  European  Commission  on  decentralised  agencies,  of  July 
2012, requires the standardisation of the names of all EU Agencies to conform to the same format, for 
reasons  of  clarity,  this  explanatory  memorandum  uses  the  currently  existing  name  of  the  European 
Aviation Safety Agency (EASA) throughout the text. The text of the legislative proposal itself has been 
adapted in accordance with the new Joint Statement and Roadmap. 
The Framework  Regulation ((EC) No 549/2004)  -  laying  down  the framework for  the  creation of  the 
Single European Sky; The Service Provision Regulation ((EC) No 550/2004) - on the provision of air 
navigation services in the Single European Sky; The Airspace Regulation ((EC) No 551/2004) - on the 
organisation and use of airspace in the Single European Sky; The Interoperability Regulation ((EC) No 
552/2004) - on the interoperability of the European Air Traffic Management network 
Council Regulation (EC) No 219/2007; SESAR (the Single European Sky ATM Research Programme) 
is a technical pillar of SES - an ATM improvement programme involving all aviation 
Currently  technical  rules  are  drafted  by  not  only  EASA,  but  also  by  Eurocontrol  and  various 
standardisation bodies, such as EUROCAE. 

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life easier for those responsible for applying the rules and finally to ensure that the impending 
wave of technological innovations stemming from the SESAR initiative can be implemented 
in a co-ordinated manner in both airborne and ground equipage and procedures. 

This regulatory initiative aims to fulfil the requirement of article 65a, by deleting the overlaps 
between  the  SES  and  EASA  Regulations  and  simplifying  and  clarifying  the  border  line 
between  EASA  and  SES  legal  frameworks.  In  doing  so,  the  amendment  also  supports  the 
political  objective  of  ensuring  clarity  of  tasks  between  the  Commission,  EASA  and  the 
Eurocontrol  organisation  so  that  ,  the  Commission  focuses  on  economic  and  technical 
regulation, with EASA acting as its agent on technical regulation drafting and oversight, while 
Eurocontrol will focus on operational tasks, in particular built around the Network Manager 
concept5. 

As well as deleting SES provisions as part of the SES recast, some minor adaptations are also 
required  to  Regulation  (EC)  No  216/2008,  because  previously  the  text  of  this  Regulation 
relied on the terminology of some SES provisions – in particular in the area of interoperability 
– and hence the same terminology needs to be introduced in Regulation (EC) No 216/2008, 
now that it is being repealed from the four SES Regulations..  

2. 

RESULTS OF CONSULTATIONS WITH THE INTERESTED PARTIES AND 
IMPACT ASSESSMENTS 

DG  MOVE  has  prepared  an  impact  assessment  (IA)  to  support  legislative  proposals  for 
improving  the  efficiency,  safety  and  competitiveness  of  the  Single  European  Sky.  The 
amendments  to  Regulation  (EC)  No  216/2008  in  this  package  however  intend  to  address 
issues  that  were  left  over  from  a  previous  amendment  through  Regulation  (EC)  No 
1108/2009,  notably  Article  65a,  These  amendments,  were  covered  by  the  2008  impact 
assessment leading up to the approval of Regulation (EC) No 1108/2009.  

Although  there  has  not  been  any  specific  consultation  on  the  EASA-related  amendments, 
there was a three-month public consultation was held between September and December 2012 
on  the  DG  MOVE  website  on  the  DG  MOVE  website  between  September  and  December 
2012  concerning  the  SES  changes.  In  addition,  two  high-level  events  –  a  conference  in 
Limassol  and  a  hearing  in  Brussels  –  have  been  organised  and  numerous  bilateral  meetings 
have  taken  place  with  all  affected  stakeholders.  The  issue  of  EASA's  role  was  also  raised 
during  these  events  and  stakeholders  expressed  the  need  to  ensure  a  more  co-ordinated 
drafting of technical rules. 

3. 

3.1. 

LEGAL ELEMENTS OF THE PROPOSAL 

Scope (Article 1 of Regulation (EC) No 216/2008) 

While  traditionally  the  Union  has  had  very  limited  competences  in  military  matters,  the 
dividing line in SES has traditionally been that if a service provider at an airport or at an en-
route centre serves primarily (i.e. more than 50%) civilian traffic, that service provider should 
comply with the same rules that apply to other service providers. Military airspace users on 
the  other  hand  have  had  the  choice  of  either  flying  in  accordance  with  the  ICAO  and  SES 
rules (defined as General Air Traffic [GAT] rules). They could also opt out of these rules for 
operational purposes by declaring that the operation  in question is performed as  operational 
air traffic (OAT), in which case the SES rules do not apply to these users. Thus the division 

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See Article 19 of the SES recast proposal.  

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ensures the safety of civilian traffic, but retains the possibility of the military to operate per 
their own mission requirements. The adoption of Regulation (EC) No 1108/2009 resulted in a 
difference between SES and EASA rules, leading for example to a situation where under SES 
rules the same provider and its air traffic controllers had to be certified, while under EASA 
rules certification was not necessary. The current amendment realigns the scopes of the EASA 
Basic  Regulation  (EC)  No  216/2008  and  the  SES  Regulations  (EC)  Nos  549-552/2004  to 
avoid  such  inconsistencies,  restoring  the  application  of  the  rules  to  the  intended  concept, 
where the service provider falls under EU rules, if more than 50% of the traffic it serves flies 
under GAT rules. 

Objectives (Article 2) 

3.2. 
The development and implementation of the ATM master plan (SESAR6) requires regulatory 
measures  in  a  wide  variety  of  aviation  issues.  Previously  the  coordination  and  alignment  of 
rules (between air traffic management and airworthiness for example) has created problems as 
there  has  been  no  central  coordinator  ensuring  consistency  between  the  drafts  prepared  by 
different contributors. This problem does not exist in other fields than ATM/ANS as EASA 
prepares and co-ordinates the whole range of technical rules, while ATM/ANS has still been 
split between two frameworks. The amendment to Article 2 underlines that ATM/ANS should 
be treated in the same way as other sectors. More specifically, in supporting the Commission 
in  the  drafting  of  technical  rules,  EASA  should  adopt  a  balanced  approach  to  regulating 
different  activities  based  on  their  specific  characteristics,  acceptable  safety  levels  and  an 
identified risk hierarchy of users to ensure a comprehensive and coordinated development of 
aviation. 

3.3. 

Declarations (from Article 3 onwards throughout the Regulation) 

Regulation  (EC)  No  1108/2009  introduced  the  possibility  of  self-declaration  rather  than 
certification, of certain flight information services. The text of Regulation (EC) No 216/2008 
has  been  adapted  throughout  to  take  account  of  this  possibility  in  the  various  places  where 
certification is mentioned. 

3.4. 

Definitions (Article 3) 

With a view to covering the repeals in the four SES Regulations (Regulations (EC) Nos 549-
552/2004) as explained above, align the two frameworks and to clarify the text in Regulation 
(EC) No 216/2008, the definitions of "qualified entity" and "ATM/ANS" have been modified. 
Furthermore definitions of "ATM Master Plan" and "general air traffic" have been copied to 
this Regulation, from the SES Regulations. 

3.5. 

ATM/ANS (Article 8b) 

Article 8b has been amended to align the wording with the proposal to repeal Regulation (EC) 
No  552/2004,  thus  ensuring  that  the  existing  principles  and  concepts  of  the  interoperability 
Regulation (EC) No 552/2004 remain. 

3.6. 

Essential requirements (Annex Vb) 

An error has been corrected in part (2)(c)(iv) to bring the text back in line with International 
Civil  Aviation  Organisation  (ICAO)  provisions  as  well  as  existing  EU  rules.  This  was  an 
unintentional mistake in the drafting of Regulation (EC) No 1108/2009. It led to an unfeasible 
requirement  for  air  traffic  controllers  to  provide  aircraft  with  obstacle  clearance  even  when 
they were outside the aerodrome manoeuvring area. 

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Single European Sky ATM Research programme. See http://ec.europa.eu/transport/modes/air/sesar/  

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Secondly,  in  parts  (2)(g)  and  (2)(h)  as  well  as  part  3  some  text  has  been  inserted  from 
Regulation  (EC)  No  552/2004  to  highlight  the  fact  that  the  approach  used  to  regulate  these 
matters will not be needlessly changed from what it is today. These additions do not change 
the scope, but further align the SES and EASA frameworks. 

3.7.  Miscellaneous 

A number of small typographical corrections have been made (in Article 7, for example) and 
some small editorial amendments have been made to rules (in Article 9, 19 and 33) where the 
text  did  not  reflect  the  actual  situation  after  previous  amendments  to  the  Regulation. 
Furthermore  some  small  changes  have  been  made  throughout  (for  example  in  Article  52,59 
and Annex Vb) to avoid any unintended changes to the principles agreed in SES since 2004. 

The  Regulation  has  also  been  aligned  with  the  regime  established  by  Articles  290  and  291 
TFEU  and  Regulation  (EC)  No  182/2011,  governing  the  use  of  implementing  acts  and 
delegated  acts.  Furthermore  the  core  elements  of  agreed  standard  provisions  for  agencies' 
founding  acts  in accordance with the Commission Roadmap on implementation of the Joint 
Statement of the European Parliament, the Council of the EU and the European Commission 
on  decentralised  agencies,  of  July  2012,  have  been  included.  The  latter  agreement  includes 
also  standardisation  of  the  names  of  EU  Agencies,  so  that  the  name  of  EASA  shall  be 
modified to "European Union Agency for Aviation (EAA). 

4. 

OPTIONAL ELEMENTS 

Since  a  separate  explanatory  memorandum  has  been  drafted  to  accompany  the  proposed 
recast  of  the  four  SES  Regulations  Nos  549-552/2004,  this  document  contains  mainly  the 
amendments  required  in  the  Regulation  216/2008  to  ensure  continuity  of  the  current  SES 
approach after the alignment of the four SES Regulations on accordance with Article 65a of 
Regulation (EC) No 216/2008 

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2013/0187 (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 

(Text with EEA relevance) 

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  on  the  Functioning  of  the  European  Union,  and  in  particular 
Article 100(2) thereof,  

Having regard to the proposal from the European Commission, 

After transmission of the draft legislative act to the national Parliaments, 
Having regard to the opinion of the European Economic and Social Committee7, 

Having regard to the opinion of the Committee of Regions, 

Acting in accordance with the ordinary legislative procedure, 

Whereas: 

(1) 

In order to take into account the changes introduced in Regulation (EC) No 1108/2009 
of  the  European  Parliament  and  of  the  Council  of  21  October  2009  amending 
Regulation (EC) No 216/2008 in the field of aerodromes, air traffic management and 
air  navigation  services  and  repealing  Directive  2006/23/EC8  and  in  Regulation  (EC) 
No 1070/2009 amending Regulations (EC) No 549/2004, (EC) No 550/2004, (EC) No 
551/2004  and  (EC)  No  552/2004  in  order  to  improve  the  performance  and 
sustainability of the European aviation system9 , it is necessary to align the content of 
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 with Regulation (EC) No 549/2004 of the European 
Parliament and of the Council of 10 March 2004 laying down the framework for the 
creation of the single European sky (the framework Regulation)10, Regulation (EC) No 
550/2004  of  the  European  Parliament  and  of  the  Council  of  10 March  2004  on  the 
provision of air navigation services in the single European sky (the service provision 
Regulation)11,  Regulation  (EC)  No  551/2004  of  the  European  Parliament  and  of  the 
Council  of  10 March  2004  on  the  organisation  and  use  of  the  airspace  in  the  single 
European  sky  (the  airspace  Regulation)12  and  Regulation  (EC)  No  552/2004  of  the 

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OJ C , , p. . 
OJ L 309, 24.11.2009, p. 51. 
OJ L OJ L 300, 14.11.2009, p. 34. 
OJ L 96, 31.3.2004, p.1. 
OJ L 96, 31.3.2004, p.10.  
OJ L 96, 31.3.2004, p. 20. 

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(2) 

(3) 

(4) 

(5) 

(6) 

European Parliament and of the Council of 10 March 2004 on the interoperability of 
the European Air Traffic Management network (the interoperability Regulation)13. 

The  development  and  implementation  of  the  ATM  master  plan  requires  regulatory 
actions  in  a  wide  variety  of  aviation  subjects.  The  Agency  should,  in  supporting  the 
Commission  for  drafting  technical  rules,  adopt  a  balanced  approach  to  regulating 
different  activities  based  on  their  specificities,  acceptable  levels  of  safety  and  an 
identified  risk  hierarchy  of  users  to  ensure  a  comprehensive  and  co-ordinated 
development of aviation.  

In  order  to  take  into  account  technical,  scientific,  operational  or  safety  needs,  by 
amending or supplementing the provisions on airworthiness, environmental protection, 
pilots,  air  operations,  aerodromes,  ATM/ANS,  air  traffic  controllers,  third-country 
operators, oversight and enforcement, flexibility provisions, fines and periodic penalty 
payments and fees and charges, the power to adopt acts in accordance with Article 290 
of  the  Treaty  on  the  Functioning  of  the  European  Union  should  be  delegated  to  the 
Commission. It is of particular importance that the Commission carries out appropriate 
consultations during its preparatory work, including at expert level. The Commission, 
when preparing and drawing-up delegated acts, should ensure a simultaneous, timely 
and  appropriate  transmission  of  relevant  documents  to  the  European  Parliament  and 
Council. 

In  order  to  ensure  uniform  conditions  for  the  implementation  of  this  Regulation, 
implementing powers should be conferred on the Commission. Those powers should 
be  exercised  in  accordance  with  Regulation  (EU)  No  182/2011  of  the  European 
Parliament and of the Council of 16 February 2011 laying down the rules and general 
principles concerning mechanisms for control by Member States of the Commission’s 
exercise of implementing powers.  

The  Commission  should  adopt  immediately  applicable  implementing  acts  where,  in 
duly  justified  cases  relating  to  aerodrome  exemptions  and  decisions  not  to  permit 
application of flexibility provisions, imperative grounds of urgency so require. 

Certain  principles  regarding  the  governance  and  operation  of  the  Agency  should  be 
adapted  to  the  Common  Approach  on  EU  decentralised  agencies  endorsed  by  the 
European Parliament, the Council and the Commission in July 2012 

(7) 

Regulation (EC) No 216/2008 should therefore be amended accordingly, 

HAVE ADOPTED THIS REGULATION: 

Article 1 

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

(1) 

Article 1 is amended as follows: 

(a)  paragraph 2 is amended as follows: 

(i) point (b) is replaced by the following: 

"(b)  aerodromes  or  part  thereof,  as  well  as  equipment,  personnel  and 
organisations,  referred  to  in  paragraph  1(c)  and  (d),  that  are  controlled  and 

13 

OJ L 96, 31.3.2004, p.26. 

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operated by the military, where traffic served is primarily other than general air 
traffic;"' 

(ii) in point (c), the first sentence is replaced by the following: 

"ATM/ANS, including systems and constituents, personnel and organisations, 
referred to in paragraph 1(e) and (f), that are provided or made available by the 
military, primarily to aircraft movements other than general air traffic." 

(b)  paragraph 3 is replaced by the following: 

"Without  prejudice  to  paragraph  2,  Member  States  shall  ensure  that  military 
facilities open to general air traffic and services provided by military personnel 
to general air traffic, which do not fall within the scope of paragraph 1, offer a 
level  of  safety  that  is  at  least  as  effective  as  that  required  by  the  essential 
requirements as defined in Annexes Va and Vb." 

(2) 

Article 2 is amended as follows: 

(a) 

In paragraph 2, the following points (g) and (h) are added point : 

"(g) to support the development and implementation of the ATM master plan; 

(h)  to  regulate  civil  aviation  in  a  way  that  best  promotes  its  development, 
performance,  interoperability  and  safety  in  a  manner  proportionate  to  the 
nature of each particular activity." 

(b) 

In paragraph 3, point (c) is replaced by the following 

"(c) the establishment of an independent European Union Agency for Aviation 
(hereinafter referred to as the Agency);" 

(3) 

Article 3 is amended as follows: 

(a)  point (a) is replaced by the following: 

"'continuing oversight' shall mean the tasks to be conducted to verify that the 
conditions  under  which  a  certificate  has  been  granted  or  which  a  declaration 
covers continue to be fulfilled at any time during the period of validity of that 
certificate or declaration, as well as the taking of any safeguard measure. " 

(b)  point (da) is replaced by the following: 

"(da) 'ATM/ANS constituents' shall mean any constituent as defined in Article 
2(18)  of  Regulation  (EC)  No  [Pb  please  insert  No  of  the  recast  SES 
Regulation] on the implementation of the Single European Sky ;" 

(c) 

the following point (ea) is inserted: 

"(ea)  ‘declaration’  shall  mean  for  the  purposes  of  ATM/ANS,  any  written 

statement: 

– 

– 

– 

on the conformity or suitability for use of systems and constituents issued 
by an organisation engaged in the design, manufacture and maintenance 
of ATM/ANS systems and constituents; 

on the compliance with applicable requirements of a service or a system 
to be put into operation issued by a service provider; 

on the capability and means of discharging the responsibilities associated 
with certain flight information services. 

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(d)  point (f) is replaced by the following: 

"(f)  'qualified  entity'  shall  mean  a  body  which  may  be  allocated  specific 
certification  or  oversight  tasks  by,  and  under  the  control  and  the 
responsibility of the Agency or a national aviation authority;" 

(e)  point (q) and (r) are replaced by the following: 

"(q) ‘ATM/ANS’ shall mean the air traffic management services as defined in 
Article  2(10)  of  Regulation  (EC)  No  [Pb  please  insert  No  of  the  recast  SES 
Regulation], air navigation services defined in Article 2(4) of that Regulation, 
including  the  network  management  services  referred  to  in  Article  17  of  that 
Regulation,  and  services  consisting  in  the  origination  and  processing  of  data 
and the formatting and delivering of data to general air traffic for the purpose 
of safety-critical air navigation; 

(r) 'ATM/ANS system' shall mean any combination of equipment and systems 
as defined in Article 2(33) of Regulation (EC) No [Pb please insert No of the 
recast SES Regulation];" 

(f) 

the following points (t) and (u) are added: 

"(t) ‘general air traffic’ shall mean all movements of civil aircraft, as well as all 
movements  of  state  aircraft,  including  military,  customs  and  police  aircraft, 
when these movements are carried out in conformity with the procedures of the 
ICAO; 

(u)  ‘ATM  Master  Plan’  shall  mean  the  plan  endorsed  by  Council  Decision 
2009/320/EC14,  in  accordance  with  Article 1(2)  of  Council  Regulation  (EC) 
No 219/200715." 

(4) 

Article 4 is amended as follows: 

(a)  paragraph 3b is replaced by the following: 

"By  way  of  derogation  from  paragraph  3a,  Member  States  may  decide  to 
exempt from the provisions of this Regulation an aerodrome which: 

– 

– 

handles no more than 10000 passengers per year, and  

handles  no  more  than  850  movements  related  to  cargo  operations  per 
year,  

on the condition that the exemption complies with the general safety objectives 
of this Regulation and any other rule of Union law. 

The  Commission  shall  assess  whether  the  condition  referred  to  in  the  first 
subparagraph  has  been  complied  with  and,  where  it  considers  that  this  is  not 
the  case,  adopt  a  decision  to  that  effect.  Those  implementing  acts  shall  be 
adopted in accordance with the procedure referred to in Article 65(2). On duly 
justified  imperative  grounds  of  urgency  relating  to  safety,  the  Commission 
shall  adopt  immediately  applicable  implementing  acts  in  accordance  with  the 
procedure referred to in Article 65(4).  

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OJ L 95, 9.4.2009, p. 41. 
OJ L 64, 2.3.2007, p. 1. 

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The Member State concerned shall revoke the exemption upon notification of 
the decision referred to in the second subparagraph." 

(b) 

in paragraph 3c, the first sentence is replaced by the following: 

"3c.  ATM/ANS  provided  in  the  airspace  of  the  territory  to  which  the  Treaty 
applies, as well as in any other airspace where Member States apply Regulation 
(EC) No [Pb please insert the No of the recast SES Regulation] in accordance 
with Article 1(4) of that Regulation, shall comply with this Regulation." 

(5) 

Article 5 is amended as follows: 

(a) 

in  paragraph  2,  point  (d),  the  first  sentence  is  replaced  by  the  following: 
"organisations  responsible  for  the  maintenance  and  continuing  airworthiness 
management  of  products,  parts  and  appliances  shall  demonstrate  their 
capability  and  means  to  discharge  the  responsibilities  associated  with  their 
privileges." 

(b)  paragraph 5 is replaced by the following: 

"As regards the airworthiness of aircraft referred to in Article 4(1)(a), (b) and 
(c), the Commission shall be empowered to adopt delegated acts in accordance 
with Article 65b in order to lay down detailed rules with regard to:  

 (a)  conditions  for  establishing  and  notifying  to  an  applicant  the  type-
certification basis applicable to a product; 

 (b)  conditions  for  establishing  and  notifying  to  an  applicant  the  detailed 
airworthiness specifications applicable to parts and appliances; 

 (c)  conditions  for  establishing  and  notifying  to  an  applicant  the  specific 
airworthiness  specifications  applicable  to  aircraft  eligible  for  a  restricted 
certificate of airworthiness; 

 (d) conditions for issuing and disseminating mandatory information in order to 
ensure the continuing airworthiness of products and conditions for approval of 
alternative means of compliance to this mandatory information; 

 (e)  conditions  for  issuing,  maintaining,  amending,  suspending  or  revoking 
type-certificates,  restricted  type-certificates,  approval  of  changes  to  type-
type  certificates,  approval  of  repair  designs, 
certificates,  supplemental 
individual certificates of airworthiness, restricted certificates of airworthiness, 
permits to fly and certificates for products, parts or appliances, including: 

  (i)  conditions  on  the  duration  of  these  certificates,  and  conditions  to 
renew certificates when a limited duration is fixed; 

  (ii)  restrictions  applicable  to  the  issue  of  permits  to  fly.  These 
restrictions should in particular concern the following: 

– 

– 

– 

– 

purpose of the flight, 

airspace used for the flight, 

qualification of flight crew, 

carriage of persons other than flight crew; 

  (iii)  aircraft  eligible  for  restricted  certificates  of  airworthiness,  and 
associated restrictions;   

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– 

– 

– 

– 

– 

  (iv) the operational suitability data, including: 

the minimum syllabus of maintenance certifying staff type rating training 
to ensure compliance with paragraph (2)(f); 

the  minimum  syllabus  of  pilot  type  rating  and  the  reference  data  for 
associated simulators to ensure compliance with Article 7; 

the master minimum equipment list as appropriate;  

aircraft type data relevant to cabin crew; 

and additional airworthiness specifications for a given type of operation 
to  support  the  continued  airworthiness  and  safety  improvements  of 
aircraft; 

 (f)  conditions  to  issue,  maintain,  amend,  suspend  or  revoke  organisation 
approvals  required  in  accordance  with  paragraph  2(d),  (e)  and  (g)  and 
conditions under which such approvals need not be requested; 

 (g)  conditions  to  issue,  maintain,  amend,  suspend  or  revoke  personnel 
certificates required in accordance with paragraph 2(f); 

 (h) responsibilities of the holders of certificates; 

 (i) the compliance of aircraft referred to in paragraph 1, which are not covered 
by paragraphs 2 or 4, as well as of aircraft referred to in Article 4(1)(c), with 
the essential requirements; 

 (j)  conditions  for  the  maintenance  and  continuing  airworthiness  management 
of products, parts and appliances;  

 As  regards  the  airworthiness  of  aircraft  referred  to  in  Article  4(1)(a),  (b)  and 
(c),  the  Commission  shall  be  empowered,  by  means  of  delegated  acts  in 
accordance  with  Article  65b,  to  amend  or  supplement  Annex  I,  where 
necessary  for  reasons  of  technical,  operational  or  scientific  developments  or 
safety  evidence  in  the  field  of  airworthiness,  in  order  to,  and  to  the  extent 
needed to, achieve the objectives laid down in Article 2." 

(6) 

In Article 6, paragraphs 2 and 3 are replaced by the following: 

"2. The Commission shall be empowered to amend, by means of delegated acts 
in  accordance  with  Article  65b,  the  requirements  referred  to  paragraph  1  in 
order to bring them into line with amendments to the Chicago Convention and 
its Annexes which enter into force after the entry into force of this Regulation 
and which become applicable in all Member States. 

3.  Where  necessary  in  order  to  ensure  a  high  and  uniform  level  of 
environmental  protection,  and  based  on  the  content  of  the  Appendices  to 
Annex 16 referred to in paragraph 1 where appropriate, the Commission may 
lay down, by means of delegated acts in accordance with Article 65b, detailed 
rules supplementing the requirements referred to in paragraph 1." 

(7) 

Article 7 is amended as follows: 

(a) 

 paragraph 2, fourth subparagraph, is replaced by:  

"Notwithstanding the third subparagraph, in the case of a leisure pilot licence a 
general  medical  practitioner  who  has  sufficient  detailed  knowledge  of  the 
applicant's medical background may, if so permitted under national law, act as 

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an  aero-medical  examiner.  The  Commission  shall  adopt  detailed  rules  for  the 
use of a general medical practitioner, instead of an aero-medical examiner, in 
particular ensuring that the level of safety is maintained. Those implementing 
acts  shall  be  adopted  in  accordance  with  the  procedure  referred  to  in  Article 
65(3)." 

(b) 

in paragraph 2, the sixth subparagraph is replaced by the following:  

"The requirements of the second and third subparagraphs may be satisfied by 
the acceptance of licences and medical certificates issued by or on behalf of a 
third country as far as pilots involved in the operation of aircraft referred to in 
Article 4(1)(b) or (c) are concerned." 

(c) 

in paragraph 6, the introductory part is replaced by: 

"As  regards  pilots  involved  in  the  operation  of  aircraft  referred  to  in  Article 
4(1)(b)  and  (c),  as  well  as  flight  simulation  training  devices,  persons  and 
organisations involved in the training, testing, checking or medical assessment 
of these pilots, the Commission shall be empowered to adopt delegated acts in 
accordance with Article 65b in order to lay down detailed rules with regard to: 

(d) 

in paragraph 6, point (d) is replaced by the following: 

"(d) the conditions for the conversion of existing national pilots' licences and of 
national flight engineers' licences into pilots' licences as well as the conditions 
for the conversion of national medical certificates;" 

(e) 

in paragraph 6, point (f) is replaced by the following:  

"(f) the compliance of pilots of aircraft referred to in points (a)(ii), (d) and (h) 
of  Annex  II,  when  used  for  commercial  air  transportation,  with  the  relevant 
essential requirements of Annex III." 

(f) 

at the end of paragraph 6, the following new subparagraph is added: 

"As  regards  pilots  involved  in  the  operation  of  aircraft  referred  to  in  Article 
4(1)(b)  and  (c),  as  well  as  flight  simulation  training  devices,  persons  and 
organisations involved in the training, testing, checking or medical assessment 
of  these  pilots,  the  Commission  shall  be  empowered,  by  means  of  delegated 
acts in accordance with Article 65b, to amend or supplement Annex III, where 
necessary  for  reasons  of  technical,  operational  or  scientific  developments  or 
safety  evidence  related  to  the  pilot  licencing,  in  order  to,  and  to  the  extent 
needed to, achieve the objectives laid down in Article 2." 

(8) 

Article 8 is amended as follows: 

(a) 

in paragraph 5, the introductory part is replaced by: 

"As regards the operation of aircraft referred to in Article 4(1)(b) and (c), the 
Commission  shall  be  empowered  to  adopt  delegated  acts  in  accordance  with 
Article 65b in order to lay down detailed rules with regard to:" 

(b) 

in paragraph 5, point (g) is replaced by the following: 

"(g)  the  compliance  of  operations  of  aircraft  referred  to  in  point  (a)(ii)  and 
points  (d)  and  (h)  of  Annex  II,  when  used  for  commercial  air  transportation, 
with the relevant essential requirements set out in Annex IV and, if applicable, 
Annex Vb." 

(c) 

in paragraph 5, the following points (h) and (i) are added: 

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"(h)  conditions  and  procedures  under  which  specialised  operations  shall  be 
subject to an authorisation; 

(i) conditions under which operations shall be prohibited, limited or subject to 
certain conditions in the interest of safety in accordance with Article 22(1)." 

(d) 

at the end of paragraph 5, the following new subparagraph is added: 

"As regards the operation of aircraft referred to in Article 4(1)(b) and (c), the 
Commission  shall  be  empowered,  by  means  of  delegated  acts  in  accordance 
with Article 65b, to amend or supplement Annex IV and, if applicable, Annex 
Vb,  where  necessary  for  reasons  of  technical,  operational  or  scientific 
developments  or  safety  evidence  related  to  air  operations,  in  order  to,  and  to 
the extent needed to, achieve the objectives laid down in Article 2." 

(9) 

Article 8a is amended as follows: 

(a) 

in paragraph 5, the introductory part is replaced by the following: 

"As regards aerodromes and aerodrome equipment, as well as the operation of 
aerodromes,  the  Commission  shall  be  empowered  to  adopt  delegated  acts  in 
accordance with Article 65b in order to lay down detailed rules with regard to:" 

(b) 

in paragraph 5, the following points are added after (j): 

"(k) the conditions for issuing, maintaining, amending, suspending or revoking 
certificates of apron management service providers; 

(l) the conditions for issuing and disseminating mandatory information in order 
to ensure the safety of aerodrome operations and aerodrome equipment; 

(m) the responsibilities of service providers referred to in paragraph 2(e); 

(n)  the  conditions  to  issue,  maintain,  amend,  suspend  or  revoke  organisation 
approvals  and  conditions  for  the  oversight  of  organisations  engaged  in  the 
design, manufacture and maintenance of safety critical aerodrome equipment; 

(o) the responsibilities of organisations engaged in the design, manufacture and 
maintenance of safety critical aerodrome equipment." 

(c) 

at the end of paragraph 5, the following new subparagraph is added: 

"As regards aerodromes and aerodrome equipment, as well as the operation of 
aerodromes, the Commission shall be empowered, by means of delegated acts 
in  accordance  with  Article  65b,  to  amend  or  supplement  Annex  Va  and,  if 
applicable, Annex Vb, where necessary for reasons of technical, operational or 
scientific developments or safety evidence related to the aerodromes, in order 
to, and to the extent needed to, achieve the objectives laid down in Article 2." 

(10) 

Article 8b is amended as follows: 

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

"4.  The  measures  referred  to  in  paragraph  6  may  lay  down  a  requirement  for 
certification  or  declaration  in  respect  of  organisations  engaged  in  the  design, 
manufacture  and  maintenance  of  ATM/ANS  systems  and  constituents  upon 
which  safety  or  interoperability  are  dependent..  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. 

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5.The  measures  referred  to  in  paragraph  6  may  lay  down  a  requirement  for 
certification,  or  alternatively,  validation  or  declaration  by  the  ATM/ANS 
provider  or  the  organisation  engaged  in  the  design,  manufacture  and 
maintenance of ATM/ANS systems and constituents, in respect of ATM/ANS 
systems and constituents, upon which safety or interoperability are dependent. 
The certificate or declaration for those systems and constituents shall be issued, 
or validation shall be given, when the applicant has shown that the systems and 
constituents  comply  with  the  detailed  specifications  established  to  ensure 
compliance with the essential requirements referred to in paragraph 1." 

(b)  paragraph 6 is amended as follows: 

(i) the introductory part is replaced by the following: 

"As regards the provision of ATM/ANS, the Commission shall be empowered 
to  adopt  delegated  acts  in  accordance  with  Article  65b  in  order  to  lay  down 
detailed rules with regard to:" 

(ii) point (e) is replaced by the following:  

"the conditions and procedures for the declaration by, and for the oversight of 
service  providers  and  organisations  engaged  in  the  design,  manufacture  and 
maintenance of ATM/ANS systems and constituents referred to in paragraphs 3 
to 5;" 

(iii) the following points (g), (h) and (i) are added: 

"(g)  conditions  for  issuing  and  disseminating  mandatory  information  in  order 
to ensure the safety in the provision of ATM/ANS; 

(h) the conditions for the validation and declaration referred to in paragraph 5 
and for the oversight of compliance with these conditions; 

(i)  operating  rules  and  ATM/ANS  constituents  required  for  the  use  of 
airspace." 

(iv) at the end of the paragraph, the following new subparagraph is added: 

"As regards the provision of ATM/ANS, the Commission shall be empowered, 
by  means  of  delegated  acts  in  accordance  with  Article  65b,  to  amend  or 
supplement Annex Va, where necessary for reasons of technical, operational or 
scientific  developments  or  safety  evidence  related  to  the  ATM/ANS,  in  order 
to, and to the extent needed to, achieve the objectives laid down in Article 2" 

(c) 

in the paragraph 7, point (a) is replaced by the following:  

"(a) reflect the state of the art and the best practices in the field of ATM/ANS 
in particular in accordance with the ATM Master Plan and in close cooperation 
with ICAO". 

(11) 

Article 8c is amended as follows: 

(a) 

in paragraph 10, the introductory part is replaced by the following: 

"As  regards  air  traffic  controllers,  as  well  as  persons  and  organisations 
involved in the training, testing, checking or medical assessment of air traffic 
controllers,  the  Commission  shall  be  empowered  to  adopt  delegated  acts  in 
accordance with Article 65b in order to lay down detailed rules with regard to:" 

(b) 

in paragraph 10, the following points (e), (f) and (g) are added: 

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"(e)  without prejudice to the provisions of bilateral agreements concluded in 
accordance with Article 12, the conditions for the acceptance of licences from 
third countries; 

the conditions under which the provision of on-the-job training shall be 

(f) 
prohibited, limited or subject to certain conditions in the interest of safety. 

conditions  for  issuing  and  disseminating  mandatory  information  in 

(g) 
order to ensure the safety in the provision of on-the-job training;" 

(c) 

at the end of paragraph 10, the following new subparagraph is added: 

"As  regards  air  traffic  controllers,  as  well  as  persons  and  organisations 
involved in the training, testing, checking or medical assessment of air traffic 
controllers, the Commission shall be empowered, by means of delegated acts in 
accordance  with  Article  65b,  to  amend  or  supplement  Annex  Vb,  where 
necessary  for  reasons  of  technical,  operational  or  scientific  developments  or 
safety evidence related to the training organisations and air traffic controllers, 
in  order  to,  and  to  the  extent  needed  to,  achieve  the  objectives  laid  down  in 
Article 2." 

(12) 

Article 9 is amended as follows: 

(a) 

in paragraph 4, the introductory part is replaced by the following: 

"As regards aircraft referred to in Article 4(1)(d), as well as their crew and their 
operations,  the  Commission  shall  be  empowered  to  adopt  delegated  acts  in 
accordance with Article 65b in order to lay down detailed rules with regard to:" 

(b) 

in paragraph 4, point (a) is replaced by the following: 

"(a) the authorisation of aircraft referred to in Article 4(1)(d), or crew, which 
do not hold a standard ICAO certificate of airworthiness or licence, to operate 
into, within or out of the Community;" 

(c) 

in paragraph 4, point (e) is replaced by the following: 

"(e)  conditions  for  the  declaration  by,  and  for  the  oversight  of,  operators 
referred to in paragraph 3;" 

(d) 

in paragraph 4, the following point (g) is added: 

"(g) alternative conditions for cases where compliance with the standards and 
requirements  referred  to  in  paragraph  1  is  not  possible  or  involves 
disproportionate  effort,  ensuring  that  the  objective  of  the  standards  and 
requirements concerned is met." 

(e) 

in paragraph 5, point (e), the word "safety" is deleted. 

(13) 

Article 10 is amended as follows: 

(a)  paragraph 2 is replaced by the following: 

"2.  For  the  purposes  of  the  implementation  of  paragraph  1,  Member  States 
shall,  in  addition  to  their  oversight  of  certificates  that  they  have  issued,  or 
declarations  that  they  have  received,  conduct  investigations,  including  ramp 
inspections, and shall take any measure, including the grounding of aircraft, to 
prevent the continuation of an infringement." 

(b) 

in paragraph 5, the introductory part is replaced by the following: 

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"The  Commission  shall  be  empowered  to  adopt  delegated  acts  in  accordance 
with Article 65b in order to lay down detailed rules setting out the conditions 
for the cooperation referred to in paragraph 1 and in particular: " 

(c) 

in paragraph 5, the following points (d) and (e) are added : 

"(d) conditions for the qualifications of inspectors conducting ramp inspections 
and organisation involved in training of these inspectors 

(e)  conditions  for  the  administration  and  application  of  oversight  and 
enforcement, including safety management systems" 

(14) 

Article 11 is amended as follows: 

(a)  paragraphs 1 and 2 are replaced by the following: 

"1. Member States shall, without further technical requirements or evaluation, 
recognise  certificates  issued  in  accordance  with  this  Regulation  and  the 
delegated  acts  and  implementing  acts  adopted  on  the  basis  thereof.  When  the 
original  recognition  is  for  a  particular  purpose  or  purposes,  any  subsequent 
recognition shall cover only the same purpose or purposes.  

2. The Commission shall, on its own initiative or at the request of a Member 
State or of the Agency, decide whether a certificate referred to in paragraph 1 
complies  with  this  Regulation  and  the  delegated  and  implementing  acts 
adopted  on  the  basis  thereof.  Those  implementing  acts  shall  be  adopted  in 
accordance  with  the  procedure  referred  to  in  Article  65(2).  On  duly  justified 
imperative grounds of urgency relating to safety, the  Commission shall adopt 
immediately  applicable  implementing  acts  in  accordance  with  the  procedure 
referred to in Article 65(4)" 

(15) 

In Article 12(2) (b), the last subparagraph is replaced by the following: 

"it  may  require  the  Member  State  concerned  to  modify  the  agreement,  to 
suspend its application or to renounce it, in accordance with Article 351 of the 
Treaty  on  the  Functioning  of  the  European  Union.  Those  implementing  acts 
shall be adopted in accordance with the procedure laid down in Article 65(2)." 

(16) 

Article 13 is replaced by the following:  

"Article 13 

Qualified entities 

"When  allocating  a  specific  certification  or  oversight  task  to  a  qualified  entity,  the 
Agency  or  the  national  aviation  authority  concerned  shall  ensure  that  such  entity 
comply with the criteria laid down in Annex V.  

Qualified  entities  shall  not 
declarations." 

issue  certificates  or  authorisations,  or  receive 

(17) 

Article 14 is amended as follows: 

(a)  paragraph 1 is replaced by the following: 

"1.  The  provisions  of  this  Regulation  and  of  the  delegated  acts  and 
implementing  acts  adopted  on  the  basis  thereof  shall  not  prevent  a  Member 
State from reacting immediately to a safety problem which involves a product, 
system,  person  or  organisation,  on  the  condition  that  the  immediate  action  is 
required  to  ensure  safety  and  that  it  is  not  possible  to  adequately  address  the 

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problem  in  compliance  with  this  Regulation  and  the  delegated  acts  and 
implementing acts adopted on the basis thereof." 

(b)  paragraph 3 is replaced by the following: 

"The  Commission  shall  assess  whether  conditions  referred  to  in  paragraph  1 
have been complied with and, where it considers that this is not the case, adopt 
a  decision  to  that  effect.  Those  implementing  acts  shall  be  adopted  in 
accordance  with  the  procedure  referred  to  in  Article  65(2).  On  duly  justified 
imperative grounds of urgency relating to safety, the  Commission shall adopt 
immediately  applicable  implementing  acts  in  accordance  with  the  procedure 
referred to in Article 65(4).  

The  Member  State  concerned  shall  revoke  the  measure  taken  pursuant  to 
paragraph  1  upon  notification  of  the  decision  referred  to  in  the  first 
subparagraph of this paragraph.  

Where necessary as a consequence of the identification of an immediate safety 
problem  referred  to  in  paragraph  1,  the  Commission  shall  be  empowered  to 
adopt  delegated  acts  in  accordance  with  Article  65c  in  order  to  amend  or 
supplement this Regulation." 

(c)  paragraph 4 is replaced by the following: 

"4.  Member  States  may  grant  exemptions  from  the  substantive  requirements 
laid  down  in  this  Regulation  and  its  delegated  and  implementing  acts  in  the 
event of unforeseen urgent operational circumstances or operational needs of a 
limited  duration,  provided  the  level  of  safety  is  not  adversely  affected.  The 
Agency, the Commission and the other Member States shall be notified of any 
such exemptions as soon as they become repetitive or where they are granted 
for periods of more than two months." 

(d) 

in paragraph 5, the second subparagraph is replaced by the following: 

"The  Commission  shall  assess  whether  the  exemption  complies  with  the 
conditions  set  out  in  paragraph  4  and,  where  it  considers  that  this  is  not  the 
case, adopt a decision to that effect. Those implementing acts shall be adopted 
in accordance with the procedure referred to in Article 65(2). On duly justified 
imperative grounds of urgency relating to safety, the Commission shall adopt 
immediately  applicable  implementing  acts  in  accordance  with  the  procedure 
referred to in Article 65(4). 

The Member State concerned shall revoke the exemption upon notification of 
the decision referred to in the second subparagraph." 

(e)  paragraph 6, the first subparagraph is replaced by the following: 

"6. Where an equivalent level of protection to that attained by the application 
of the delegated and implementing acts adopted on the basis of this Regulation 
can  be  achieved  by  other  means,  Member  States  may,  without  discrimination 
on grounds of nationality, grant an approval derogating from those delegated or 
implementing acts, in conformity with the procedure laid down in the second 
subparagraph and paragraph 7" 

(f) 

in paragraph 7, the following subparagraph is added at the end: 

"Where  the  Commission  finds,  taking  into  account  the  recommendation 
referred to in the first subparagraph, that the conditions laid down in paragraph 

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6 are met, it shall grant the derogation without delay by amending accordingly 
the  relevant  delegated  or  implementing  acts  adopted  on  the  basis  of  this 
Regulation." 

(18) 

In Article 15, paragraph 2, the introductory part is replaced by the following: 

"2.  Without  prejudice  to  the  public's  right  of  access  to  the  Commission's 
documents  as  laid  down  in  Regulation  (EC)  No  1049/2001,  the  Commission 
shall adopt detailed rules on the dissemination to interested parties on its own 
initiative  of  the  information  referred  to  in  paragraph  1  of  this  Article.  Those 
implementing acts shall be adopted in accordance with the procedure referred 
to in Article 65(3).These measures shall take account of the need:" 

(19) 

The title of Chapter III is replaced by the following: 

"THE EUROPEAN UNION AGENCY FOR AVIATION" 

(20) 

Article 17 is amended as follows: 

(a)  Paragraph 1 is replaced by the following: 

"For the purpose of the implementation of this Regulation, a European Union 
Agency for Aviation shall be established. 

(b) 

in paragraph 2, the first sentence is replaced by the following: 

"For the purposes of ensuring the proper functioning and development of civil 
aviation, the Agency shall:" 

(c) 

 in paragraph 2, the following point (f) is added: 

"(f)  support  the  Member  States  competent  authorities  in  carrying  out  their 
tasks by providing a forum for exchanges of information and experts." 

(21) 

In Article 19(2), the second subparagraph is replaced by the following:  

"These documents shall reflect the state of the art and the best practices in the 
fields  concerned  and  be  updated  taking  into  account  worldwide  aviation 
experience, and scientific and technical progress." 

(22) 

In Article 21(2)(b), point (i) is replaced by the following: 

"(i)  flight  simulation  training  devices  operated  by  training  organisations 
certified by the Agency;" 

(23) 

Article 22 is amended as follows: 

(a) 

(b) 

in paragraph 2, point (c) the words "one month" are replaced by "three months" 

in paragraph 2, point (e) is replaced by the following: 

"(e) should a Member State disagree with the Agency's conclusions concerning 
an  individual  scheme,  it  shall  refer  the  issue  to  the  Commission.  The 
Commission  shall  decide  whether  that  scheme  complies  with  the  safety 
objectives  of  this  Regulation.  Those  implementing  acts  shall  be  adopted  in 
accordance with the procedure referred to in Article 65(2);"  

(24) 

In Article 22a; the following point (ca) is inserted: 

"(ca) 
issue  and  renew  certificates  or  accept  declarations  of  conformity  or 
suitability for use and of compliance in accordance with Article 8b(4) and (5) 
of  organisations  providing  pan-European  services  or  systems  and  where 

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requested  by  the  Member  State  concerned,  also  of  other  service  providers  as 
well as organisations engaged in the design,  manufacture and maintenance of 
ATM/ANS systems and constituents;" 

(25) 

In Article 24, paragraph 5 is replaced by the following: 

"5.  Taking  account  of  the  principles  laid  down  in  Articles  52  and  53,  the 
Commission shall adopt detailed rules on the working methods of the Agency 
for  conducting  the  tasks  referred  to  in  paragraphs  1,  3  and  4.  Those 
implementing acts shall be adopted in accordance with the procedure referred 
to in Article 65(2)." 

(26) 

Article 25 is amended as follows: 

(a) 

in paragraph 3, the introductory part is replaced by the following: 

"On  the  basis  of  paragraphs  1  and  2,  the  Commission  shall,  by  means  of 
delegated acts in accordance with Article 65b, lay down:" 

(b) 

in paragraph 3, point (b) is replaced by the following: 

"(b) detailed rules for enquiries, associated measures and reporting, as well as 
decision-making, including provisions on rights of defence, access to file, legal 
representation,  confidentiality  and  temporal  provisions  and  the  quantification 
and collection of fines and periodic penalty payments." 

(27) 

(28) 

In article 29, paragraph 2 is deleted. 

Article 30 is replaced by the following:  

"The  Protocol  on  the  Privileges  and  Immunities  of  the  European  Union  shall 
apply to the Agency and its staff." 

(29) 

Article 33 is amended as follows: 

(a) 

in paragraph 2, point (a) is replaced by the following: 

"(a)  appoint  the  Executive  Director,  and  the  Deputy  Executive  Directors,  in 
accordance with Articles 39a and 39b;" 

(b) 

in paragraph 2, point (c) is replaced by the following: 

"(c)  before  30  November  each  year,  and  after  receiving  the  opinion  of  the 
Commission, adopt the Agency's annual and multi-annual work programme for 
the coming year(s); these work programmes shall be adopted without prejudice 
to the annual Community budgetary procedure and the Community legislative 
programme in relevant areas of aviation safety; the opinion of the Commission 
shall be attached to the work programmes;" 

(c) 

in paragraph 2, point (h) is replaced by the following:  

"(h)  exercise  disciplinary  authority  over  the  Executive  Director  and  over  the 
Deputy Executive Directors in agreement with the Executive Director;" 

(d) 

in paragraph 2, the points (n), (o),  (p) and (q) are added: 

"(n) in accordance with paragraph 6, exercise, with respect to the staff of the 
Agency,  the  powers  conferred  by  the  Staff  Regulations  on  the  Appointing 
Authority  and  by  the  Conditions  of  Employment  of  Other  Servants  on  the 

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Authority  Empowered  to  Conclude  a  Contract  of  Employment16  ("the 
appointing authority powers");  

(o)  ensure  adequate  follow-up  to  findings  and  recommendations  stemming 
from  the  internal  or  external  audit  reports  and  evaluations,  as  well  as  from 
investigations of the European Anti-fraud Office (OLAF);  

(p)  adopt  appropriate  implementing  rules  for  giving  effect  to  the  Staff 
Regulations  and  the  Conditions  of  Employment  of  Other  Servants  in 
accordance with Article 110 of the Staff Regulations." 

(q)  adopt  rules  for  the  prevention  and  management  of  conflicts  of  interest  in 
respect of its members, as well as members of Board(s) of Appeal; 

(e) 

the following paragraph 6 is added: 

"6. The Management Board shall adopt, in accordance with Article 110 of the 
Staff Regulations, a decision based on Article 2(1) of the Staff Regulations and 
on  Article  6  of  the  Conditions  of  Employment  of  Other  Servants,  delegating 
relevant appointing authority powers to the Executive Director and defining the 
conditions  under  which  this  delegation  of  powers  can  be  suspended.  The 
Executive Director shall be authorised to sub-delegate those powers. 

Where  exceptional  circumstances  so  require,  the  Management  Board  may  by 
way  of  a  decision  temporarily  suspend  the  delegation  of  the  appointing 
authority  powers  to  the  Executive  Director  and  those  sub-delegated  by  the 
latter  and exercise them  itself or delegate them  to one of  its members  or  to a 
staff member other than the Executive Director." 

(30) 

Article 34 is amended as follows: 

(a) 

(b) 

(c) 

(d) 

in paragraph 1, the words "one representative of the Commission" are replaced 
by "two representatives of the Commission, all with voting rights". 

in  paragraph  1,  second  subparagraph,  the  words  "its  representative  and 
alternate" are replaced by "its representatives and their alternates" 

in paragraph 1, second subparagraph, the word "five" is replaced by "four" 

in paragraph 1, the following new subparagraph is added at the end: 

"Members of the Management Board and their alternates shall be appointed in 
light  of  their  knowledge  in  the  field  of  aviation,  taking  into  account  relevant 
managerial, administrative and budgetary skills. All parties represented in the 
Management Board shall make efforts to limit turnover of their representatives, 
in  order  to  ensure  continuity  of  the  board's  work.  All  parties  shall  aim  to 
achieve  a  balanced  representation  between  men  and  women  on 
the 
Management Board." 

(31) 

In Article 37, paragraph 1, the following changes are made: 

– 

– 

the words "two-thirds majority" are replaced by "simple majority". 

the following second sentence is inserted: 

16 

Regulation  (EEC,  Euratom,  ECSC)  No  259/68  of  the  Council  of  29  February  1968  laying  down  the 
Staff  Regulations  of  Officials  and  the  Conditions  of  Employment  of  Other  Servants  of  the  European 
Communities  and  instituting  special  measures  temporarily  applicable  to  officials  of  the  Commission 
(OJ L 56, 4.3.1968, p. 1) 

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"However  a  two-thirds  majority  of  the  Management  Board  members 
shall  be  required  for  decisions  relating  to  adoption  of  the  work 
programmes,  the  annual  budget,  appointment,  and  the  extension  of  the 
term of office or removal from office of the Executive Director." 

(32) 

The following Article 37a is added: 

"Article 37a 

Executive Board 

1. The Management Board shall be assisted by an Executive Board.  

2. The Executive Board shall: 

(a) prepare decisions to be adopted by the Management Board.  

(b) ensure, together with the Management Board, adequate follow-up to 
the findings and recommendations stemming from the internal or external 
audit  reports  and  evaluations,  as  well  as  from  investigations  of  the 
European Anti-fraud Office (OLAF); 

(c) without prejudice to the responsibilities of the Executive Director, as 
set out in Article 38, assist and advise him/her in the implementation of 
the  decisions  of  the  Management  Board,  with  a  view  to  reinforcing 
supervision of administrative and budgetary management.  

3. When necessary, because of urgency, the Executive Board may take certain 
provisional  decisions  on  behalf  of  the  Management  Board,  in  particular  on 
administrative management matters, including the suspension of the delegation 
of the appointing authority powers and budgetary matters 

4.  The  Executive  Board  shall  be  composed  of  the  Chairperson  of  the 
Management Board, one representative of the Commission to the Management 
Board  and  three  other  members  appointed  by  the  Management  Board  from 
among its members with the right to vote. The Chairperson of the Management 
Board  shall  also  be  the  Chairperson  of  the  Executive  Board.  The  Executive 
Director  shall  take  part  in  the  meetings  of  the  Executive  Board,  but  shall  not 
have the right to vote.  

5. The term of office of members of the Executive Board shall be the same as 
that of members of the Management Board. The term of office of members of 
the  Executive  Board  shall  end  when  their  membership  of  the  Management 
Board ends. 

6.  The  Executive  Board  shall  hold  at  least  one  ordinary  meeting  every  three 
months. In addition, it shall meet on the initiative of its Chairperson or at the 
request of its members. 

7.  The  Management  Board  shall  lay  down  the  rules  of  procedure  of  the 
Executive Board." 

(33) 

Article 38 is amended as follows: 

(a)  paragraph 1 is replaced by the following:  

"1.  The  Agency  shall  be  managed  by  its  Executive  Director,  who  shall  be 
completely independent in the performance of his/her duties. Without prejudice 
to  the  competencies  of  the  Commission  the  Management  Board  and  the 

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Executive Board, the Executive Director shall neither seek nor take instructions 
from any government or from any other body." 

(b) 

(c) 

in paragraph 3, point (g) is deleted. 

in paragraph 3, point (i) is replaced by the following: 

"(i)  to  delegate  his/her  powers  to  other  members  of  the  Agency's  staff.  The 
Commission  shall  define 
the  modalities  of  such  delegations.  Those 
implementing acts shall be adopted in accordance with the procedure referred 
to in Article 65(2);" 

(d) 

in paragraph 3, point (k) is replaced by the following: 

"(k)  to  prepare  the  annual  and  multi-annual  work  programmes,  and  submit 
them to the Management Board after consulting the Commission;"  

(e) 

in paragraph 3, the following points (m), (n), (o) and (p) are added: 

"(m) to implement the annual and multi-annual work programmes, and report 
to the Management Board on their implementation; 

(n)  to  prepare  an  action  plan  following  up  conclusions  of  internal  or  external 
audit reports and evaluations, as well as investigations by the European Anti-
Fraud Office (OLAF) and report on progress twice a year to the Commission 
and regularly to the Executive and Management Boards 

(o)  to  protect  the  financial  interests  of  the  Union  by  applying  preventive 
measures against fraud, corruption and any other illegal activities, by effective 
checks and, if irregularities are detected, to recover amounts wrongly paid and, 
where  appropriate, 
improve  effective,  proportionate  and  dissuasive 
administrative and financial penalties; 

(p)  to  prepare  an  anti-fraud  strategy  for  the  Agency  and  present  it  to  the 
Management Board for approval; 

(34) 

(35) 

Article 39 is deleted. 

The following Articles 39a and 39b are added : 

"Article 39a 

Appointment of the Executive Director 

1.  The  Executive  Director  shall  be  engaged  as  a  temporary  agent  of  the  Agency 
under Article 2(a) of the Conditions of Employment of Other servants. 

2. The Executive Director shall be appointed by the Management Board on grounds 
of  merit  and  of  documented  competence  and  experience  relevant  for  civil  aviation, 
from  a  list  of  candidates  proposed  by  the  Commission,  following  an  open  and 
transparent selection procedure.  

For the purpose of concluding the contract with the Executive Director, the Agency 
shall be represented by the Chairperson of the Management Board.  

Before  appointment,  the  candidate  selected  by  the  Management  Board  may  be 
invited  to  make  a  statement  before  the  competent  committee  of  the  European 
Parliament and to answer questions put by its members. 

3. The term of office of the Executive Director shall be five years. By the end of that 
period,  the  Commission  shall  undertake  an  assessment  that  takes  into  account  an 

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evaluation of the Executive Director's performance and the Agency's future tasks and 
challenges. 

4. The Management Board, acting on a proposal from the Commission that takes into 
account the assessment referred to in paragraph 3, may extend the term of office of 
the Executive Director once, for no more than five years.  

5.  The  Management  Board  shall  inform  the  European  Parliament  if  it  intends  to 
extend  the  Executive  Director's  term  of  office.  Within  one  month  before  any  such 
extension,  the  Executive  Director  may  be  invited  to  make  a  statement  before  the 
competent committee of the Parliament and answer questions put by its members. 

6. An Executive Director whose term of office has been extended may not participate 
in another selection procedure for the same post at the end of the overall period.  

7. The Executive Director may be removed from office only upon a decision of the 
Management Board acting on a proposal from the Commission. 

8.  The  Management  Board  shall  reach  decisions  on  appointment,  extension  of  the 
term  of  office  or  removal  from  office  of  the  Executive  Director  and/or  Deputy 
Executive Directors on the basis of a two-thirds majority of its members with voting 
rights. 

Article 39b 

Appointment of Deputy Executive Directors  

1. One or more Deputy Executive Director(s) may assist the Executive Director.  

2. The Deputy Executive Director or Deputy Executive Directors shall be appointed, 
extended  in  their  term  of  office  or  removed  from  office  as  provided  for  in  Article 
39a,  after  consultation  of  the  Executive  Director  and,  where  applicable,  the 
Executive Director elect." 

(36) 

In article 40, paragraph 3 is replaced by the following: 

"3. The Board or Boards of Appeal shall be convened as necessary. The Commission 
shall determine the number of Boards of Appeal and the work allocated to it or them. 
Those implementing acts shall be adopted in accordance with the procedure referred 
to in Article 65(2)." 

(37) 

In Article 41, paragraph 5 is replaced by the following: 

"5. The Commission shall determine the qualifications required for the members of 
each Board of Appeal, the powers of individual members in the preparatory phase of 
decisions  and  the  voting  conditions.  Those  implementing  acts  shall  be  adopted  in 
accordance with the procedure referred to in Article 65(3)." 

(38) 

In Article 52(1), point (b) is replaced by the following: 

"(b) whenever necessary, involve experts from relevant interested parties, or draw on 
expertise  from  the  relevant  European  standardisation  bodies,  Eurocontrol  or  other 
specialised bodies;" 

(39) 

Article 56 is replaced by the following : 

"Annual and multi-annual work programme 

1. By 30 November each year, in accordance with Article 33(2)(c), the Management 
Board  shall  adopt  a  programming  document  containing  multi-annual  and  annual 
programming,  based  on  a  draft  put  forward  by  the  Executive  Director,  taking  into 

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account  the  opinion  of  the  Commission.  It  shall  forward  it  to  the  European 
Parliament, the Council and the Commission.  

The  programming  document  shall  become  definitive  after  final  adoption  of  the 
general budget and if necessary shall be adjusted accordingly. 

The annual and multi-annual work programmes shall aim to promote the continuous 
improvement of European aviation safety and comply with the objectives, mandates 
and tasks of the Agency, as set out in this Regulation. 

2.  The  annual  work  programme  shall  comprise  detailed  objectives  and  expected 
results  including  performance  indicators.  It  shall  also  contain  a  description  of  the 
actions  to  be  financed  and  an  indication  of  the  financial  and  human  resources 
allocated  to  each  action,  in  accordance  with  the  principles  of  activity-based 
budgeting and management. The annual work programme shall be coherent with the 
multi-annual  work  programme  referred  to  in  paragraph  4.  It  shall  clearly  indicate 
tasks  that  have  been  added,  changed  or  deleted  in  comparison  with  the  previous 
financial year.  

It  shall  include  the  strategy  for  relations  with  third  countries  or  international 
organisations referred to in Article 27(2) and the actions linked to this strategy. 

3. The Management Board shall amend the adopted annual work programme when a 
new task is given to the Agency.  

Any substantial amendment to the annual work programme shall be adopted by the 
same procedure as the initial annual work programme. The Management Board may 
delegate  the  power  to  make  non-substantial  amendments  to  the  annual  work 
programme to the Executive Director.  

4.  The  multi-annual  work  programme  shall  set  out  overall  strategic  programming 
including objectives, expected results and performance indicators. It shall also set out 
resource programming including multi-annual budget and staff.  

The  resource  programming  shall  be  updated  annually.  The  strategic  programming 
shall be updated where appropriate, and in particular to address the outcome of the 
evaluation referred to in Article 62." 

(40) 

In Article 57, first subparagraph is replaced by the following: 

"The  annual  general  report  shall  describe  the  way  in  which  the  Agency  has 
implemented  its  annual  work  programme.  It  shall  clearly  indicate  which  of  the 
mandates  and  tasks  of  the  Agency  have  been  added,  changed  or  deleted  in 
comparison with the previous year." 

(41) 

In Article 59(1), the following point (f) is added: 

"(f)  charges  paid  in  accordance  with  Article  13  of  Regulation  (EC)°  No  [SES 

Regulation] for relevant ATM/ANS authority tasks." 

(42) 

Article 62 is amended as follows: 

(a) 

(b) 

in paragraph 1, the words "Management Board" are replaced by "Commission" 

the following paragraph 4 is added: 

"4.  On  the  occasion  of  every  second  evaluation,  there  shall  also  be  an 
assessment  of  the  results  achieved  by  the  Agency  having  regard  to  its 
objectives,  mandate  and  tasks.  If  the  Commission  considers  that  the 
continuation  of  the  Agency  is  no  longer  justified  with  regard  to  its  assigned 

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objectives, mandate and tasks, it may propose that this Regulation be amended 
accordingly or repealed." 

(43) 

Article 64 is amended as follows: 

(a) 

the word "regulation" in the title is deleted. 

(b)  paragraph  1  is  replaced  by  "The  Commission  shall  be  empowered  to  adopt 
delegated acts in accordance with Article 65b in order to lay down, on the basis 
of paragraphs 3, 4 and 5, detailed rules relating to fees and charges. 

(c)  paragraph 3 is replaced by the following: 

"The rules referred to in paragraph 1 shall determine in particular the matters 
for  which  fees  and  charges  pursuant  to  Article  59(1)(c)  and  (d)  are  due,  the 
amount of the fees and charges and the way in which they are to be paid." 

(d)  Paragraph 5 is replaced by the following: 

"5.  The  amount  of  the  fees  and  charges  shall  be  fixed  at  such  a  level  as  to 
ensure that the revenue in respect thereof is in principle sufficient to cover the 
full cost of the services delivered. All expenditures of the Agency attributed to 
staff involved in activities referred to in paragraph 3, including the employer's 
pro-rata contribution to the pension scheme, shall be in particular reflected in 
this  cost.  The  fees  and  charges,  including  those  collected  in  2007,  shall  be 
assigned revenues for the Agency." 

(44) 

Article 65 is replaced by the following: 

"Committee 

1.  The  Commission  shall  be  assisted  by  a  committee.  That  committee  shall  be  a 
committee within the meaning of Regulation (EU) No 182/2011.  

2.  Where  reference  is  made  to  this  paragraph,  Article  4  of  Regulation  (EU)  No 
182/2011 shall apply. 

3.  Where  reference  is  made  to  this  paragraph,  Article  5  of  Regulation  (EU)  No 
182/2011 shall apply. 

4.  Where  reference  is  made  to  this  paragraph,  Article  8  of  Regulation  (EU)  No 
182/2011, in conjunction with Article 4 thereof, shall apply." 

(45) 

(46) 

Article 65a is deleted. 

The following Articles 65b and 65c are added : 

"Article 65b 

Exercise of the delegation 

1. The power to adopt delegated acts is conferred on the Commission subject to the 
conditions laid down in this Article.  

2.  The  delegation  of  power  referred  to  in  Article  5(5),  Article  6(2),  Article  6(3), 
Article  7(6),  Article  8(5),  Article  8a(5),  Article  8b(6),  Article  8c(10),  Article  9(4), 
Article  10(5),  Article  14(3),  Article  14(7),  Article  25(3)  and  Article  64(1)  shall  be 
conferred on the Commission for an indeterminate period of time. 

3.  The  delegation  of  power  referred  to  in  Article  5(5),  Article  6(2),  Article  6(3), 
Article  7(6),  Article  8(5),  Article  8a(5),  Article  8b(6),  Article  8c(10),  Article  9(4), 
Article  10(5),  Article  14(3),  Article  14(7),  Article  25(3)  and  Article  64(1)  may  be 

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25 

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revoked  at  any  time  by  the  European  Parliament  or  by  the  Council.  A  decision  of 
revocation shall put an end to the delegation of the power specified in that decision. 
It  shall  take  effect  the  day  following  the  publication  of  the  decision  in  the  Official 
Journal of the European Union or at a later date specified therein. It shall not affect 
the validity of any delegated acts already in force.  

4. As soon as it adopts a delegated act, the Commission shall notify it simultaneously 
to the European Parliament and to the Council.  

5. A delegated act adopted pursuant to Article 5(5), Article 6(2), Article 6(3), Article 
7(6),  Article  8(5),  Article  8a(5),  Article  8b(6),  Article  8c(10),  Article  9(4),  Article 
10(5),  Article  14(3),  Article  14(7),  Article  25(3)  and  Article  64(1)  shall  enter  into 
force only if no objection has been expressed either by the European Parliament or 
the Council within a  period  of  2 months of notification of that act to the European 
Parliament  and  the  Council  or  if,  before  the  expiry  of  that  period,  the  European 
Parliament  and  the  Council  have  both  informed  the  Commission  that  they  will  not 
object. That  period  shall  be  extended  by  2  months at the initiative of the European 
Parliament or the Council. 

Article 65c 

Urgency procedure 

1. Delegated acts adopted under this Article shall enter into force without delay and 
shall apply as long as no objection is expressed in accordance with paragraph 2. The 
notification  of  a  delegated  act  to  the  European  Parliament  and  to  the  Council  shall 
state the reasons for the use of the urgency procedure.  

2.  Either  the  European  Parliament  or  the  Council  may  object  to  a  delegated  act  in 
accordance  with  the  procedure  referred  to  in  Article  65b(5).  In  such  a  case  the 
Commission  shall  repeal  the  act  without  delay  following  the  notification  of  the 
decision to object by the European Parliament or by the Council." 

(47) 

The following Article 66a is added: 

"Article 66a 

Headquarters Agreement and operating conditions 

1.The necessary arrangements concerning the accommodation to be provided for the 
Agency  in  the  host  Member  State  and  the  facilities  to  be  made  available  by  that 
Member State together with the specific rules applicable in the host Member State to 
the  Executive  Director,  members  of  the  Management  Board,  Agency  staff  and 
members of their families shall be laid down in a Headquarters Agreement between 
the  Agency  and  Member  State  where  the  seat  is  located,  concluded  after  obtaining 
the approval of the Management Board and no later than 2 years after the entry into 
force of Regulation (EU) No [ ].  

2.  The  Agency’s  host  Member  State  shall  provide  the  best  possible  conditions  to 
ensure  the  functioning  of  the  Agency,  including  multilingual,  European-oriented 
schooling and appropriate transport connections." 

(48) 

The following Article 66b is added: 

"Article 66b 

Security rules on the protection of classified and sensitive non-classified information 

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The  Agency  shall  apply  the  security  principles  contained  in  the  Commission's 
security  rules  for  protecting  European  Union  Classified  Information  (EUCI)  and 
sensitive  non-classified 
to  Decision 
2001/844/EC,  ECSC,  Euratom.  Applying  the  security  principles  shall  cover,  inter 
alia, provisions for the exchange, processing and storage of such information." 

information,  as  set  out 

the  annex 

in 

(49) 

In Annex V, points 2 and 3 are replaced by the following: 

"2. The entity and the staff responsible for the certification and oversight tasks must 
carry out their duties with the greatest possible professional integrity and the greatest 
possible  technical  competence  and  must  be  free  of  any  pressure  and  incentive,  in 
particular of a financial type, which could affect their judgment or the results of their 
investigations, in particular from persons or groups of persons affected by the results 
of the certification or oversight tasks. 

3.  The  entity  must  employ  staff  and  possess  the  means  required  to  perform 
adequately  the  technical  and  administrative  tasks  linked  with  the  certification  and 
oversight process; it should also have access to the equipment needed for exceptional 
checks."  

(50) 

Annex Vb is amended as follows: 

(a)  paragraph 2, point (c) (iv) is replaced by the following: 

"Air  traffic  control  services  and  related  processes  shall  provide  for  adequate 
separation  between  aircraft  and,  on  the  aerodrome  manoeuvring  area,  prevent 
collisions  between  obstacles  and  aircraft  on  that  area  and,  where  appropriate 
and feasible, assist in protection from other airborne hazards and shall ensure 
prompt and timely coordination with all relevant users and adjacent volumes of 
airspace." 

(b) 

in paragraph 2, point (g), the following words are added at the end of the point: 

"Flow  management  shall  be  performed  with  a  view  to  optimising  available 
capacity in the use of airspace and enhancing air traffic flow management 
processes. It shall be based on transparency and efficiency, ensuring that 
capacity is provided in a flexible and timely manner, consistent with the 
recommendations of the ICAO Regional Air Navigation Plan, European 
Region. 

The measures referred to in Article 8b(6), concerning flow management 
shall  support  operational  decisions  by  air  navigation  service  providers, 
airport operators and airspace users and shall cover the following areas: 

(a) flight planning; 

(b)  use  of  available  airspace  capacity  during  all  phases  of  flight, 
including slot assignment; and 

(c) use of routings by general air traffic, including: 

– 

– 

– 

the  creation  of  a  single  publication  for  route  and  traffic 
orientation, 

options  for  diversion  of  general  air  traffic  from  congested 
areas, and 

priority  rules  regarding  access  to  airspace  for  general  air 
traffic, particularly during periods of congestion and crisis, 

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(d)  take  into  account  the  consistency  between  flight  plans  and 
airport slots and the necessary coordination with adjacent regions." 

(c) 

in paragraph 2, point (h), the following words are added at the end of the point: 

into  account 

the  organisation  of  military  aspects  under 

"Taking 
the 
responsibility  of  the  Member  States,  airspace  management  shall  also  support 
the  uniform  application  of  the  concept  of  the  flexible  use  of  airspace  as 
described  by  the  ICAO  and  as  implemented  under  Regulation  (EC)  No 
551/2004",  in  order  to  facilitate  airspace  management  and  air  traffic 
management in the context of the common transport policy.  

Member  States  shall  report  annually  to  the  Agency  on  the  application,  in  the 
context  of  the  common  transport  policy,  of  the  concept  of  the  flexible  use  of 
airspace in respect of the airspace under their responsibility." 

(d) 

in paragraph 3, point (a), the following words are added at the end of the point: 

"The systems shall include in particular: 

1. 

2. 

Systems and procedures for airspace management.  

Systems and procedures for air traffic flow management. 

Systems and procedures for air traffic services, in particular flight data 
3. 
processing systems, surveillance data processing systems and human-machine 
interface systems. 

Communications systems and procedures for ground-to-ground, air-to-

4. 
ground and air-to-air communications. 

5. 

6. 

7. 

8. 

Navigation systems and procedures. 

Surveillance systems and procedures. 

Systems and procedures for aeronautical information services. 

Systems and procedures for the use of meteorological information." 

(e) 

In paragraph 3, point (b), the following words are added at the end of the point: 

"ATM/ANS systems and their constituents shall be designed, built, maintained 
and operated using the appropriate and validated procedures, in such a way as 
to  ensure  the  seamless  operation  of  the  European  air  traffic  management 
network  at  all  times  and  for  all  phases  of  flight.  Seamless  operation  can  be 
expressed, in particular, in terms of information-sharing, including the relevant 
information, 
operational  status 
comparable  processing  performances  and  the  associated  procedures  enabling 
common  operational  performances  agreed  for  the  whole  or  parts  of  the 
European air traffic management network (EATMN). 

information,  common  understanding  of 

The EATMN, its systems and their constituents shall support, on a coordinated 
basis, new agreed and validated concepts of operation that improve the quality, 
sustainability and effectiveness of air navigation services, in particular in terms 
of safety and capacity. 

The  EATMN,  its  systems  and  their  constituents  shall  support  the  progressive 
implementation  of  civil/military  coordination,  to  the  extent  necessary  for 
effective  airspace  and  air  traffic  flow  management,  and  the  safe  and  efficient 

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use  of  airspace  by  all  users,  through  the  application  of  the  concept  of  the 
flexible use of airspace. 

To  achieve  these  objectives,  the  EATMN,  its  systems  and  their  constituents 
shall support the timely sharing of correct and consistent information covering 
all phases of flight, between civil and military parties." 

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

Article 2 

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

Done at Strasbourg, 

For the European Parliament 
The President 

For the Council 
The President 

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