CELEX: 51992PC0342
Language: en
Date: 1992-07-22
Title: Proposal for a COUNCIL DIRECTIVE on the definition and use of compatible technical and operating specifications for the procurement of air traffic management equipment and systems

COMMISSION OF THE EUROPEAN                         COMMUNITIES
                                           C0MO2)   34? f inal
                                           BrusseIs,  22 Jul y 1992
                            Proposal for a
                          COUNCIL DIRECTIVE
      on the definition and use of compatible technical and
         oporat inq opuciIicatioiui for the procurement  of
           air traffic management equipment and oyatoma
                    (presented by the Commission)
 ---pagebreak--- PROPOSAI. KOR A COUNCIL DIRECTIVE ON TIIK l)KK 1N IT ION AND USE OK COMPATI III. K
TKCIINICAL AND OPKKATING SPECIFICATIONS FOR THK PROCUREMENT OK AIM TKAKKIC
MANAGEMENT EQUIPMENT AND    SYSTEMS
                              EXPLANATORY  MEMORANDUM
1.  INTRODUCTION
1. Air transport   is causing   increasing concern in Europe.    The aim of the
Common Air Transport Policy     is to reorganize the civil aviation sector and
make i t more compoti t i ve.
To achieve the objectives of thin Community policy we must adopt        measures
t o liberalize air transport    and certain bark-up measures.     Action  i n a 1 sin
needed to prevent any erosion of safety margins       in the air traffic control
system whilst nevertheless     increasing its capacity.
2. In a report sent to the Member States in 1983, the Commission        identified
certain bottlenecks and in 1988 it submitted to the Council three        proposals
intended to help solve capacity problems     in the air traffic system.      The
proposals were that:
   the KUROCONTROL statutes should bo so amended an to allow the Community
   to accede to that body;
   all the Member States should accede to EUROCONTROL;
   any steps taken by one Member State to organize its airspace should be?
   notified to the Commission so that the latter might       inform the other
   Membe r States.
 ---pagebreak--- Nom- of I  IMMK' proposals wan ind tided in the Resolution adopted by tin
Ministers.'
The situation ia still such as to present a major barrier to the future
growth of civil aviation and tourism, with all the disadvantages this
 implies for freedom of movement.    Whilst it is true that air space
management and air traffic control are a states' responsibilities, it is
also the case that the limitations of a national system affect the systems
of neighbouring states and, therefore, the capacity of a region as a whole.
Current problems must therefore be tackled at European level.
 I. In its Resolution of lb September 1987,^ Parliament stressed the
problem and asked for various measures to be adopted whilst the Council
Resolution of 18 July 19891 called on the Commission to collaborate
closely with EUROCONTROL in drawing-up proposals for Community
specifications relating t.o air control.
A.  There are several factors which combine to limit the capacity of the air
traffic control system.    The moBt important may be summarized as follows:
(a)   given the present segmentation of air apace, traffic is massively
      concentrated in particular sectors and this considerably complicates
      the task of the air traffic control services.    A B a consequence,
      aircraft cover distances on average 10* greater than the direct
      journey.
1   89/C/189/02
2   Doc. A2-135/87
 ---pagebreak--- (b) Wc; often do not make optimum use of airspace because:
        the boundaries are generally set in line with national   frontiers
        rather than operating requirements;
        the system of mandatory air corridors usually means that it is not
        possible to exploit the ability of modern aircraft to track a route
        very precisely and independently of the siting of navigation aids.
(c) Air traffic control services (ATC) are provided by numerous centres
    which are not coordinated in any way and whose technical
    characteristics differ fundamentally because there is no coordination.
(d) The number of air controllers in post cannot satisfactorily meet the
    demands of air traffic duo to the current capacity of their equipment.
(a) The incompatibility of the equipment used in Europe is duo to lack of
    coopérât ion and coordination over the planning and implementation of
    systems.   For instance, in most cases flights arc» still transferred
    from one control contre to another by telephone.    Communications are
    therefore difficult, controllers have more coordination tasks to
    perform than necessary and the available airapacc cannot be used to
    the full.
(f) Eurocontrol adopts technical specifications so that an integrated
    system of equipment for deployment in the Member States can be
    establi shed.
 ---pagebreak---                                         - 4 -
 («j) However, on the question of the kind of support equipment that
      EUROCONTROI. has shown to be necessary for air traffic management, thi
      European standards bodies should also play their full part wherever
      such equipment has multi-disciplinary applications and uses.
      Technical cooperation between EUROCONTROI. and those bodies is
      necessary to ensure opt. i mum coordination of available resources and
      the sett ing up of standardized communication and information systems.
                                     »
(h)   The sat ui.it ion, for varying period», of some of tin» big airports ,n\ii
      thoBe from which holiday flights depart (runways, terminals, parking
      spaces) has aggravated the problems of controlling air traffic between
      terminals.     It is not easy to enlarge existing airports or build new
      ones since environmental factors and budgets have to be considered.
(i)   Some airlines have extremely tight schedules for their equipment and
      staff.   A delay of a few hours due to congestion at an airport or in
      airspace may affect the availability of aircraft or crews and, in the
      worst, rase, cause delays of 24 hours or more.
S. The capacity of the air traffic control system will probably have to be
constantly increased.      Community law on interregional air services, fares,
capacity and access to the market are intended to help airlines avoid
congested areas.
 ---pagebreak---                                     - b -
The European Civil Aviation Conference forecasts that, if economic trends
are favourable, air traffic will double by the year 200b unless prevented
by the lack of capacity of airports and air traffic control systems.
Corujostion may be remedied to some extent by the use of larger-capacity
equlpment.
(>. The margin of manoeuvre the airlines have been left by the air transport
liberalization measures to be introduced under Community policy will be
insufficient to counterbalance the pressure exercised by air traffic
control.   It is quite clear that in its present form the system cannot cope
even if we allow for the fact that the high-speed rail system will capture
part of the traffic.
It is accepted that: we will need a whole raft of measures to resolve
Kwropo's present and future capacity problems without undermining present
high safety standards.   It is also clear that coordinated air traffic
management can pl«»y a key role in the efficient, use» of the air t.raf 1 ic
system as a whole.
This Directive is one of those measures the Community must introduce?
immediately, independently of any other action.
 ---pagebreak---                                       - f> -
II.  SCOPE OF THE DIRECTIVE
/. An the air traffic management   system in a complex whole in which
technical components and human beings are interlinked and interact closely,
there are ucvoral moaoures which must be taken simultaneously, e.g.:
(a)  As communication between control systems ia one of the weakest links,
     it should be made a general requirement to use procedures for
     transmitting digital data between ground computers and to establish
     the necessary communication protocola.    In some instances it will also
     be necessary to improve the quality of the radio-telephone links
     between controllers and voice communication links between pilots and
     controllers.    Problems of pronunciation and the simultaneous use of
     English and the» local language further complicate the problem.   The
     solution may be the technical one of reducing the volume of
     commun icat ionn.
     For instance», creating a system for the medium term which involves
     transferring digital data between ground computers and aircraft would
     reduce the volume of voice communications required and, thereby,
     increase the productivity of controllers.    In the long-term, and for
     reasons of cost and efficiency, satellite navigation may in certain
     circumstances replace present systems of communication.
 ---pagebreak---                                         - 7 -
(b) The importance of compatibility between noitjhbour i ng systems has long
    been overlooked and has given rise? to a multiplicity of procedures ami
    different, forms of organization and technical       equipment.    To some
    extent these differences may be justified by the environment and the
    traffic conditions      in which the systems have to operate.      Hut. they
    represent a serious barrier to the introduction of sophist icat.ed
    automated procedures      in adjacent sectors of airspace   (e.g.: the smooth
    transfer of aircraft      from one centre to another) and, therefore, to
    the full exploitation of the capacity of the most advanced          centres.
    To obtain the bent      results, all t.he systems should be» standard i zeni and
    ccjmpatible, as in the United States and France.
    Greater compatibility would also reduce costs and        common
    specifications for equipment would clearly benefit        European
    i ndustr ial i tilt).
(c) Automation   is one? of the main ways of he?lping controllers to process
    larger volumes at     traffic without compromising safety.      It. would also
    allow greater     fli?xibility in routinej and might extend the horizontal
    capabilities e>f the present area navigation systems whilst at          the? same?
    time exploiting the potential of the technology of modern          aircraft.
 ---pagebreak---   III.   INSTITUTIONAL ENVIRONMENT:  KUROCONTROL
 H. The amended EUROCONTROL Convention of 1981 reflects the commitment of
 the? contracting states to "establish common long-term objectives in the
 field of air navigation and, in that framework, to institute a Common
 Medium-Term Plan for air traffic services and f aci I i t ie»s" . *
 Similarly EUROCONTROL is required "to co-ordinate the medium-term national
 plans in order to establish a Common Medium-Term Plan in respect of air
 traffic services and facilities within the framework of the long-term
objectives referred to above".
'). Decision of the? Ministers of Transport of the ECAC States
 In October 1908 the Ministers decided to harmonize national plans,
procedures, equipme?nt and techniqut?n across the whole of Europe.   They
called on EUROCONTROL to draw up common operational and technical standards
for all European countries and to do so within the Common Medium-Term Plan
 (CMTP).
 In April 1990 the Ministers of Transport adopted the» "ECAC Strategy for the
 1990s" and called on EUROCONTROL to manage the strate?gy in such a way as to
allow all Continental ECAC States to participate.    The strategy is based on
the? principles set out in the CMTP.
More? recently, in March 1992, at a meeting of ECAC Ministers in London, the
five new States^ of East and Central Europe were included in the strategy.
1    Article 1 S 1(a) of the EUROCONTROL Convention of 19H1.
2   Article 2 S l(n) and (c) of the EUROCONTROL Convention of 1981.
3    Bulgaria, Hungary, Poland, Romania and the Czech and Slovak Federal
     Republi c.
 ---pagebreak---     10.  Common Meeli urn-Term      Plan
    (a )  Or i g i n o_f t h e CMTP
          In 1985 EUROCONTROL's Committc?e of Management gave its Planning
          Working Group (PWG) a remit to draw up a Common Medium-Term Plan
          (CMTP).
    (b)   Function of tho CMTP
             (i) to identify the operational and technical measures required for
                    transforming the existing air traffic management systems first
                    into a harmonized and, later, an integrated ATM System to be
                    developed within tho framtïwork of the conce»pt ;
           (ii) t.o establish jointly agreed specific obje»ctive?s and Lines of
                    Action, common and National Associated Programmes, Standards,
                    and relevant timetables, as a basis for achieving a level of
                    harmonization and integration consistent with the efficient
                    provision of Air Traffic Servicen within tho airspace? of the*
                    Organization and adjacent States;
          (iii) to enable the National Administrations to develop the?ir plans so
                    as to meet t.he following o|>erational objectives 1 a i ei down in the»
                    ECAC Strategy for the 1990's:
                    The air traffic services route network and airspace structure is
                    to be optimizeeJ, by means of the widespread application of area
                    navigation from 1993 onwardo.
13\
 ---pagebreak---            Compre»he?n» i ve» radar <:ove»rage? is to be» in place» t.hrouejhout the?
           Continental ECAC area by 1«VIS at the? latent.
           En-route radar separation of b NM is to be applied throughout
           hi ejh -elenn i t y are»as by I 99b at the latest.     E I se»whero, en-rem t e»
           radar séparât ion e>f 10 NM is to be applie.'d by the? same» date'.
          Air traffic control systems are to be progressively integrated,
          after being harmonized in high-density areas by 1995 at the
           latest and elsewhere not. later than 1998.
          Automatic data communication between air traffic control centre:
           is to be in place by 1998 at the latest.
          the Modo S air/ground data link is to be» oporat ional in a
          central area from 1998 onwards.
     (iv) to allow monitoring of the Implementation Strategy by
          f tic i 1 i t at. i ng comparison between national plans and their
          timetables and the timetables for the common objectives.
<c) Status of the CMTP
    1. The CMTP in a statement of the? Member States' firm joint intentionj
       on how t.o develop and implement the Future Kuropean ATM System in
       accordance with the principles laid down in the Concept and the
       operational objectives laid down in the FEATS and ECAC St rat.eej ies.
 ---pagebreak---                                         11 -
    /. All objectives contained in the CMTP pertain to subjects that are?
        eioalt with by EUROCONTROL Workinej Croups and Specialist Panel»,
         and/or similar ICAO bodies, in which national authorities and user
        organizations are represent e»d.    In addition, the work of the
         EUROCONTROL Working Croups and Panels is monitored by the Committee
        of Management.    Consequently, before a particular objective is
         includoti in the CMTP, the? definition of the? corresponding Line's of
        Action and the rate at which proejress is expected to be achieved
        will have been agreed jointly at various working levels and
        endorsed by the Committee of Management.
(d) Approva1 and amendment of the CMTP
     1. As stipulated in the provisions of the amended Convention
         |Article» 6.1(a) and 7.1|, the Committee of Management submitted
        the CMTP to the Permanent Commission for decision.
    2. Following the decision taken by the Permanent Commission, the CMTP
         is now a reference document for the development of the EUROCONTROL
        Air Traffic Management System.
    .3. Amendments to Lines of Action and associated programmes in the CMTP
        are approved by the Committee of Management on the basis of
        proposals prepared by its Planning Working Group.
    4. Whenever there are substantial changes to objectives, the Committee1
        of Management submits the revised version of the CMTP to the
        Permanent Commission for decision.
    b. The Committee of Management submits draft technical specifications,
        known as EUROCONTROL Standards, amendments to existing EUROCONTROL
        Standards and mandatory timetables to the Permanent Commission for
        decision.
 ---pagebreak---                                         - 12 -
       (>. The Advisory Committee to be? sc»t up under the Directive will have.»
           the task e>f ensuring that, t ho»o t.uchnolorjic.i I change-» are
           consistent.
 (»»)  St i ucture of the CMTP
       The CMTP has 9 chapters or areas of activity:
       Surveillance, Air/Ground Communications, Grounei/Cround Communic.it sorts
      Navigation, ATC, ATFM, ASM, A1S and Human Resources.
      The Standards and the corresponding common specifications/requirement*
      are described in appropriate documents, which must identify clearly
      what is a Standard and what is only a recommendation or guidance»
      material.    Once approveei, these documents form an integral part of I In
      CMTP.
(I)   EUROCONTROL technical specifications
      Under the CMTP, EUROCONTROL has already issued technical
      specifications for such equipment as it considered essential.
      A EUROCONTROL Standard is defined as, "Any specification for physical
      characteristics, configuration, material, performance, personnel or
      procedure, the uniform application of which is recognized as essential
      for the implementation of an integrated ATS system in EUROCONTROL
      Member States. M1
      These Standards must conform to ICAO Standards and are issued to (ill
      any gaps left by ICAO, to complement or give more details in respect
      of existing Standards.
I   EUROCONTROL Common Medium-Term Plan (EUROCONTROL Publication).
 ---pagebreak---                                  - 13 -
Hy contrant with ICAO StaneJardn where the main aim in standard i/.at ion
and safety, EUROCONTROL Standards are intended to help develop
compatible systems and ensure their integration.
EUROCONTROL has also drawn up harmonization directives.     In order to
allow the constant updating of the Standards, specific presentation
preiceelureu an» proscribed anel, in drafting and presentation, the»
EUROCONTROL Standards must also comply with the international ISO
Standards.    In addition EUROCONTROL, the Commission and the European
standards bodies have established contact with a view to examining
possible cooperation procedures and defining their respective areas at
acti vity.
 ---pagebreak---                                                M   -
 I V.   THE COMMISSI ON'S APPROACH
The» Commission advocates usinej EUROCONTROI. Standards and possibly e?ve»n the»
common spec i f i cat ie>n» for Community        purposes, the   intention be?iiuj to
provide direct back-up for the harmonization already undertaken                 (by the
Member States anel the Community and,           indirectly, other European      States)
through the ECAC Strategy         for the 1990s and the European ATC Harmonization
and   Integratiejn Programme       (EATCHIP).
 In the short term, the? Commission's aim           is to ensure coordination of      the
Member states' activities on the air traffic system              in ejeneral and on
technical     harmonization     in particular.     The Commission would be authorized
to use the legal        instruments which the Community may       issue to   impose
technical     specifications drawn up by other bodies and could therefore give
EUROCONTROL'B various         instruments greater weight by issuing them         in the
form of technical        rules mandatory    throughout the Community.
With thin Direct ive the? aim        is to align a number of     tt?chnical
specifications at Community          leve?l in order to improve communications and
obtain greater technical         compatibility.      The Commission therefore     proposes
usine; the technical       specifications drawn up by EUROCONTROL and         thereby
pi omot <• st aneiard i zat ion at European    level.    In doing tin it  is me-et i ng the
wiiihea expresBe»d     in the Council Resolution of 1989.         The main purpose of
the? Directive's provisions         is to integrate EUROCONTROL Standards        into
Community     law whilst at. the same time aiming to establish          the? highest
possible     level of air safety.
 ---pagebreak---                                        - 1
The? wording of the Directive allows fcjr problems arising in EUROCONTROL in
connection with the» adoption of technical spécifications.      The Commission
mtiiit be able to issue» preiposaln aimed at resolving any difficulties
occur rinej in EUROCONTROL's adoption procedures.    For instance, the
Commission could find itself having to draw up proposals or proposing that
the European standards bodies be given mandates to draw up standards.
Equally, the Membeir States of the European Community might, implement, a
EUROCONTROL standard if, when acting within EUROCONTROL, they all came out
in favour of that standard.
Whe»re the long term is concerned, let us remind ourselves of the
Commission's stated aim, namely to unify the various national systems.        In
the Commission's view the solutions adopted by the ECAC - inter alia the
Common Medium-Term Plan (CMTP) - will not provide all the answers to the
structural problem» (i.e». the? multiplicity of systems in Europe) and
therefore represent only a stage on the way to the creation of a European
system which must, achieve a sufficient    level of intégrât ion to ensure that
the user perceive»» it a» a single system.
In its proposal for trans-European networks, the Commission had already
proposed:
    creating uniform systems for the management of airspace;
    drawing up a truly European policy on air transport infrastructure.
 ---pagebreak---                                      - 10
With the current, init iativo, the medium-term aim i» to turn the? air
transport network into one of the Community's basic infrastructures.       The»
Commission will not fail to submit a proposal to this effect.
As the present air traffic situation amply demonstrate»», the deployment of
air traffic management Systems on the basis of purely national
considérât ions has resulted in the f raejmentat ion of airspace and
 incompatibility between different items of equipment purchased in
accordance with national specifications and differing procedures.       Action
by the Community   is fully justified if the objective is rational and
<»fficient organization.
It should also be» remembered that the» Commission roe]ui?sti»d DG XIII to elo a
study on the technologies to be used for air traffic management beyond the
year 200b.   This is e:onsistent with the long-term obje?ctive of puttinej
standard i zed syntemn in place.   The intention is to i ncorporato the» result;
of this work in the? activities of ICAO, ECAC and EUROCONTROL in the name»
areas.
 ---pagebreak---                                        - 17 -
V.  TECHNI CAL CONTENT J3F THE JPJROPOSAI.
The Annex to the proposal for a Directive is a list of technical
specifications which the Commission would like to see the Member States
apply in the near future.    Once approved by EUROCONTROL, and included in
this Directive, the spécifications will become mandatory and compliance can
be enforced by virtue of their being Community law.
Examples are:
1. OLDI :
   These are specifications for the use of "OLDI" messages (On-Line Data
   Interchange).   One of the aims is to eliminate certain manual operations
   by transferring data from one computer in one control centre to another
   computer in another centre.     With this standard it will also be easier
   to update flight plan related data and, if necessary, transmit them to a
   centre in another Member State.      OLDI also defines the format for data
   relating to every controlled flight.
2. ASTERrX (radar data exchange):
   This specification defines the formats to be used for exchanejing
   messages between radar stations.      The messages relate to data processed
   by the radar stations, the data being transmitted by ground/ground eiata
   links.  The specifications will enable controllers of adjacent airapace
   sectors to use the same data and/or radar images.
 ---pagebreak---                                     - 17 -
3. Specificatitins for linking up networks (of the RADNFT or RENARD typo)
   The advantage of the RADNET and RENARD specifications is that they
   define the kind of data transmission system that has to be set up to
   allow standardized message exchanges between radar stations.
4. Specifications for telephone systems for ATS:
   These are specifications for telecommunications links in the form of
   telephone lines between control centres and for data relating to Air
   Traffic Services.
 ---pagebreak---                                      - 18 -
vï
     ÇQiÇkvs] P^s
The scope of thia Directive is of interest to us for three reasons:
   (i)   it provides for greater coordination between the Member States of
         their efforts to harmonize and integrate their ATC systems and, by
         way of a policy of harmonization and further standardization,
         should help increase the capacity of these systems;
 (ii)    it iB int«?nded to ensure cjreater transparency of procurement
         contracts for air traffic control equipment; and
(iii)    it is also intended to help establish a high level of safety in
         Community airspace.
 ---pagebreak---             OBSERVATIONS ON THE VARIOUS ARTICLES OF THE DIRECTIVE
Article 1
This Article defines the scope of the Directive;
Articje 2
This Article defines the terms used in the Directive.
Article 3
This Article sets out the objectives to be achieved by the introduction of
Community-wide technical rules on ATC equipment deployed in the Member
States.   These objectives are the same as those adopted by the ECAC
Ministers in 1990.
Article 4
This Article states that EUROCONTROL technical specifications are to be
regarded as Community standards if identified as such by the Commision.
Article b
Thin Article allows the Commission to confer mandates on the European
standards bodies to define standards in areas not covered by EUROCONTROL.
Article 6
This Article seta out the conditions with which Member States must comply
when drawing up their purchasing specifications for ATC equipment.   The
conditions also help ensure the free movement of goods.
 ---pagebreak---                                       2 -
Article 7
This Article provides for an Advisory Committee to be set up.
Article 8
This Article makes provision for a mechanism whereby bodies affected by the
Directive can be consulted.
Article^ 9
This Article authorises the Commission to issue proposals should
EUROCONTROL encounter difficulties over the adoption of its technical
specifications.
Article 10
This Article provides for verification of the implementation of the stated
objectives of the Directive.
 ---pagebreak---                              Draft Council Directive
on the definition and use of compatible technical and operating
specifications for the procurement of air traffic management equipment and
systems
THE COUNCIL OF TflK EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
and in particularly Article 84(2) thereof,
Having regard to the proposal from the Commission
Having regard to the Opinion of the European Parliament,
Havinej regard te> the? Opinion e*f t.he Econe^nic anei Social Committe»e»,
Whereas air transport in Europe is presently under considerable strain due
to air traffic congestion;
Whereas the overloading of the air traffic control system is one of the
primary causes of this congestion;
Whereas, so far, management systems have been developed and brought on
stream in accordance with national or local specifications;
Whereas defining and introducing Community standards is the only possible
e?ffoctive approach to air traffic management since the present situation,
based on national or local systems, has resulted in the technical and
operational incompatibilities which now hinder the transfer of controlled
flights between traffic control bodies in the different Member States;
 ---pagebreak---                                     - 2 -
Whereas operational  integration must be achieved under the common air
transport policy in order to remedy traffic congestion arid improve tht? flow
of traffic in the short term;
Whereas the process of harmonization and integration would be facilitated
 if all the Member States individually and the Community as such acceded to
the International Convention relating to Cooperation for the Safety of Air
Nav igat ie.»n;
Whereas the technical specifications adopted by EUROCONTROL comply with the
recommended standards and practices of the International Civil Aviation
Organizat ion;
Whereas the Commission, assisted by a Committee of representatives of the
Member States, should be authorized, in accordance with the procedure laid
down in Council Decision No B7/373/EEC,1   to make the EUROCONTROL
technical specifications mandatory at Community level;
Whereas European standardization is a key factor in establishing a
consistent level of safety in air traffic management and whereas
EUROCONTROL and the European standards bodies should cooperate with each
other ;
Whereas it should be specified that, in accordance with the provisions of
Directive 83/189/EEC, the Commission may give the European standards bodies
mandates to draw up European standards to provide support for air traffic
management systems;
1   OJ No L 197, 18.7.1987, p.33.
 ---pagebreak---                                      - 3 -
Whereas in any case any item of equipment legally marketed in one Membe?r
Statu must bo able to move freely in the territory of the other M«?ml»or
States;
Whereas the provisions of the International Convent, ion relating to
Cooperation for the Safety of Air navigation designate EUROCONTROL as the
instrument to take the necessary measures to solve the problems currently
existing in Europe;
Whereas safety is a key factor in air transport in the Community, and
whereas the provisions of this Directive should take into account the
existence of the Convention on International Civil Aviation, signed in
Chicago on 7 December 1944, which provides for the implementation of
whatever measures are required to ensure the safety of air navigation;
Whereas Council Directives 77/62/EF.C and 90/531/EEC on the procurement
procedures of entities opérât i ng in the water, one?rgy, transport and
telecommunications sectoro apply to the air traffic management sector and
the awarding entities must be specified,
HAS ADOPTED THIS DIRECTIVE:
 ---pagebreak--- Article 1
This Directive covers the definition and use of compatible technical
specifications for procuring air traffic management equipment and uyntoms,
part icularly :
    communications systems
    surveillance systems
    systems providing automated assistance to air control
    navigation systems.
Article 7
For the purposes of this Directive the following definitions shall apply:
(a)   Technical specification:   the? technical requirements contained in
      particular in the tender documents defining the characteristics of a
      set of works, material, product or supply, and enabling a piece of
      work, a material, a product or a supply to be objectively described in
      a manner such that it fulfils the use for which it is intended by the
      contracting entity.   These technical prescriptions may include
      quality, performance, safety or dimensions, as well as requirements
      applicable to the material, product or supply as regards quality
      assurance, terminology, symbols, testing and test methods, packaejing,
      marking nr labelling.
(b)   Standard:  a technical specification approved by a recognized
      standardizing body for repeated and continuous application, compliance
      with which is in principle not compulsory.
 ---pagebreak---                                     - 2 -
(c)   EUROCONTROL technical specification:  any technical specification
      relatiwj to physical characteristics, configuration, equipment,
      performance, personnel or procedures In respect of which it i»
      accepted that uniform application is essential to the operation of an
      integrated air traffic system in the Member States and adopted as a
      EUROCONTROL Standard in accordance with the provisions of the
      EUROCONTROL Convent i on.
Article 3
The Member States shall take whatever steps are necessary to modify their
existing air traffic management equipment so that it guarantees:
   automatic data transmission between air control centres by 1998;
   complete radar coverage by 1996 using interoperable radar equipment
   whic:h provides full, organised surveillance;
   computer assisted execution of air traffic manaejcinont tasks an from
   1996;
   harmonization of the capability of different types of radar equipment to
   allow uniform en route separation of aircraft by 1996, with a 5 or 10 NM
   otandarel being applied, as appropriate;
   optimization of the network of ATS routes and airspace structure, backed
   up by the widespread use of area navigation as from 1994.
 ---pagebreak---                                           3 -
 The Member State?» »hall communierai <? to the Conun i »» i on, within nix month» of
each eioadline?, the measures thoy have introduced to achieve» t.he object, i vos
 in?t. out in the» previous paragraph.
Article 4
The Commission, assited by the Committee referred tot in Article 7, shall
be authorized to act in accordance with the procedure set out in that
Article and identify which EUROCONTROL technical specifications, in
particular those relating to areas listed in Annex 1, shall be made
mandatory.     The Commission shall publish the references for these technical
specifications in the Official Journal of the European Communities.
Article S
To facilitate the implementation of measures adopted under the provisions
of Article 3 and 4, the Commission, acting in accordance with the
provisions of Directive 83/189/EEC, may award standardization mandates to
the European st anelareln bod ion.
Article 6
Without prejudice to the provisions of Directives 77/62/EEC and 90/531/EEC,
the» Mombor State?» shall take whatever steps are necessary to ensure that,
in the general documenta or specifications relating to each public
contract, the awarding entities defined in Annex 2 to this Directive refer
tcî the European specifications defined in that Directive when purchasing
air navigation equipment.
To ensure that this Annex is as complete as possible, the Member States
shall notify the Commission of any changes to their lists.          The Commission
shall amend Annex 2 in accordance with the procedure set out in Article 7.
 ---pagebreak---                                        - 4 -
Article 7
 1.. The Commission shall be assisted by an Advisory Committee composed of
 representatives of the Member Staten and chaired by the representative of
t he» Comini nui on .
2.   The representative of the Commission shall submit to the Committee a
elraft e-)f the measures to be taken.   The Committee shall deliver its opinion
on the» draft within the time limit which the Chairman may lay down
according to the? urgency of the matter.     The opinion shall be delivored by
the? majority laid down in Article 148(2) of the Treaty in the case of
decisions which the Council is required to adopt on a proposal from the
Commission.     The votes of the representatives of the Member States within
the committee shall be weighted in the manner set out in that Article.          The
chairman shall not vote.
3.   The opinion shall be rocortloel in the minutes.      Each Member State? shall
have? the riejht. to ask to havo its jMisition rocejrd<?el in the minute»».
4.   The Commission shall take the utmost account of the opinion dolivoroel
by the Committee.     It shall inform the Committee of the manner in which it.»
opinion has been taken into account.
Article 8
In exercising its powers the Commission shall regularly consult the
European organizations of the parties concerned, such as the European
representatives of air navigation bodies, air space users and professional
bodies, and shall inform the Committee of the outcome of the consultations.
 ---pagebreak---                                         b -
 Article» 9
 Whoro EUROCONTROL technical specifications are not adopted by EUROCONTROL
 by the deadline provided for in Article 3, or whore other measures   aro
 considered necessary, the Commission shall send a detailed report to the
Committee and shall propose appropriate measures.
Article 10
The Commission shall submit regular reports to the Council and Parliament
on the operation e>f the arrangements set out in thin Directive.
Article^ 11
 1.   The Member States shall brine» into force the laws, regulations and
      administrative provisions necessary to comply with this Directive not
       later than 1 January 1994.  They shall forthwith inform the Commission
      thereof.
2.    When the Member States adopt these provisions their texts shall refer
      to thiB Directive or shall be accompanied by such a reference when
      officially published.   The Member States shall decide what method to
      use to make this reference.
Art icie 12
This Directive is addressed to the Member States.
Done at
 ---pagebreak---                                          ANNEX 1
             Technical specifications roforrod to in Articlo_4
                                Areas covered
COMMUNICATIONS SYSTEMS
flight plan related data exchange (message format)
radar data exchange (ASTERIX message format)
telephone systems for ATS
On-Line Data Interchange (OLDI)
automated SSR code assignment systems
NAVIGATION SYSTEMS
RNAV
radar separation
Short-Term Conflict Alert (STCA)
airspace delegation
SURVEILLANCE SYSTEMS
surveillance specifications
shared use of radar facilities
 ---pagebreak---                                         ANNEX 2
The text of this Annex will be communicated at a later date and will be
based on information sent in by the Member States before this Directive is
forwarded to the Council.
 ---pagebreak---                                STATEMENT OF EFFECT
                EFFECT OF PROPOSAL ON UNDERTAKINGS, PARTICULARLY
                    SMALL AND MEDIUM-SI ZED BUSINESSES (SMEu)
 Title of proposal:    Proposal for a Council Directive on the definition and
 use of compatible technical and operating specifications for the
 procurement of air traffic management equipment and systems
Reference number of document:
 Proposal
 1. Keeping in mind the principle of subsidiarity, why is Community
     legislation required and what are the main aims?
    ATC/ATM equipment must be standardised if a uniform network is to be
    established.
Effect^ on businesses
2. Who will be affected?
    - what types of businesses:
       Systems and equipment makers (radar/telecommunications)
    - what size of business (i.e. small or medium):
       Medium-sized
    - is this type of business concentrated in any particular geographical
       area of the Community:
       No
3. What steps will the businesses have to take to comply with the proposal?
   Adopt the standards covered by the Directive.
 ---pagebreak--- A . What       <! r c    Ihc        likely        IM D n n i n i i           e; f f <:( t •. o I    the   p i o | ) o : , , l I '•'
         on    (:lli|) 11 >ymen t
         Non»;
         on      i n v f . 1 iii'-ii t     ,iiul    t he        ci c,)l i o n          fit   ne:w h u s i n n s s c : ; -
         None
         on     the      • > )iit|)'' t i t i v r i i c : , ' ,    of        IIUMMI:',',!",
          It   will         i inpi ov«:       the      po1, i t i o n             o I   I m opr.in      lui:; i ne:, se s            in i c l , i l ion   to
                                                                                                  1
          then        Àmr'i n ,tn           .mil     .J,ip,ine?;e               rompe: t i t o i .
S.   Does       t h i •., p i o p o : . , j |    include              .my         measures         specifically                     intended        to   \<\kv
      into     account             the      position                of       small         and   medium-sized                   businesses            (lowei   oi
     different             i » i j u i r i:men t s , t: t c ) ?
     No
C o n s u I t at    ion
(..  I ist     of     IMHIII",         I Diistillml              on      the        pi ope)s.i I     and     their            view
     AI CMA                                           in       f ,i v o u r
     I U H O C O N I \u 'i                             II      I .1 V( ) l l I
     Al A                                             in       I .i vnii i
 ---pagebreak---                                                                       ISSN 0254-1475
                                                               COM (92) 342 final
                                                      DOCUMENTS
EN                                                                               07
                                Catalogue number : CB-CO-92-373-EN-C
                                                              ISBN 92-77-47106-9
Office for Official Publications of the European Commun flies
L-29&5 Luxembourg