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Commission Implementing Regulation (EU) No 923/2012 of 26 September 2012 laying down the common rules of the air and operational provisions regarding services and procedures in air navigation and amending Implementing Regulation (EU) No 1035/2011 and Regulations (EC) No 1265/2007, (EC) No 1794/2006, (EC) No 730/2006, (EC) No 1033/2006 and (EU) No 255/2010 (Text with EEA relevance)

EU Regulation No 923/2012 · Adopted 26 September 2012 · Extends to United Kingdom

Original text. legislation.gov.uk does not revise this item, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Commission Implementing Regulation (EU) No 923/2012

of 26 September 2012

laying down the common rules of the air and operational provisions regarding services and procedures in air navigation and amending Implementing Regulation (EU) No 1035/2011 and Regulations (EC) No 1265/2007, (EC) No 1794/2006, (EC) No 730/2006, (EC) No 1033/2006 and (EU) No 255/2010

(Text with EEA relevance)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to 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 skyf1 (the airspace Regulation), and in particular Article 4(a) and (b) thereof,

Having regard to 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 Agencyf2 (the EASA Basic Regulation), and in particular Articles 8 and 8b and Annex Vb thereto,

Whereas:

(1)

Pursuant to Regulation (EC) No 551/2004 and Regulation (EC) No 216/2008, the Commission is required to adopt implementing rules in order to adopt appropriate provisions on rules of the air based upon Standards and recommended practices of the International Civil Aviation Organisation (ICAO), and to harmonise the application of the ICAO airspace classification, with the aim to ensure the seamless provision of safe and efficient air traffic services within the single European sky.

(2)

Eurocontrol has been mandated in accordance with Article 8(1) of Regulation (EC) No 549/2004 of the European Parliament and the Council of 10 March 2004 laying down the framework for the creation of the single European skyf3 to assist the Commission in the development of implementing rules which lay down appropriate provisions on rules of the air based upon ICAO Standards and recommended practices, and harmonise the application of the ICAO airspace classification.

(3)

In accordance with Articles 1(3) and 13 of Regulation (EC) No 549/2004 and Article 2 of Regulation (EC) No 216/2008, the single European sky initiative should assist the Member States in fulfilling their obligations under the 1944 Chicago Convention on International Civil Aviation (hereafter the Chicago Convention) by providing for common interpretation and implementation.

(4)

The objective of Regulation (EC) No 551/2004 is to support the concept of a more integrated operating airspace within the context of the common transport policy, and to establish common procedures for design, planning and management while ensuring the efficient and safe performance of air traffic management. This objective is particularly relevant for the rapid implementation of functional airspace blocks in the single European sky.

(5)

The outcome of the work undertaken by the joint group created by the Commission, Eurocontrol and ICAO, which charted the national differences filed by Member States relating to ICAO Standards dealing with rules of the air and related provisions for air navigation services, supports the need for standardisation of common rules and differences with respect to the single European sky.

(6)

In order to ensure safe, efficient and expeditious international air traffic and to support the establishment of functional airspace blocks, all participants in the single European sky should adhere to a common set of rules. Furthermore, a key enabler of safe cross-border operations is the creation of a transparent regulatory system, where the actors can be provided a legal certainty and predictability. To this end, standardised rules of the air and related operational provisions regarding services and procedures in air navigation should be established, and be supplemented, where appropriate, with guidance material and/or acceptable means of compliance.

(7)

To achieve those objectives, only commonly agreed European differences should be notified to ICAO by the Member States on areas which are covered by Union law. Those differences should be established and monitored through a permanent process.

(8)

Member States that have adopted additional provisions complementing an ICAO standard, should, if they are still considered necessary and provided such additional provisions do not constitute a difference under the Chicago Convention or against existing Union law, continue to apply such provisions until they are addressed by appropriate Union provisions.

(9)

The application of this Regulation should be without prejudice to the Member States’ obligations and rights over the high seas, in accordance with Article 12 of the Chicago Convention, and in particular with Annex 2 to the Chicago Convention, as well as the obligations of Member States and the Union under the United Nations Convention on the Law of the Sea and the obligations of Member States under the Convention on the International Regulations for Preventing Collisions at Sea, 1972.

(10)

In accordance with Article 1(2) of the framework Regulation (EC) No 549/2004, the regulatory framework for the creation of the single European sky does not cover military operations and training.

(11)

The existing process for amending ICAO Standards and recommended practices within the framework of the Chicago Convention is not addressed by this Regulation.

(12)

The extension of the competence of EASA to include air traffic management safety requires consistency between the development of implementing rules under Regulations (EC) No 551/2004 and (EC) No 216/2008.

(13)

In order to ensure consistency between the transposition of provisions of Annex 2 to the Chicago Convention set out in this Regulation and the future provisions stemming from other annexes to the Chicago Convention, which will be included in the next stages of work as well as the implementation of future Union rules, the initial provisions should be revisited where necessary.

(14)

Where necessary, other Union legislation should be updated to refer to this Regulation,

HAS ADOPTED THIS REGULATION:

Annotations to the whole text

Footnotes

f1

OJ L 96 31.3.2004, p. 20

f2

OJ L 79 19.3.2008, p. 1

f3

OJ L 96, 31.3.2004, p. 1.

Contents

  1. 1Subject matter and scope
  2. 2Definitions
  3. 3Compliance
  4. 4Exemptions for special operations
  5. 5Differences Repealed
  6. 6Monitoring of amendments
  7. 7Amendments to the Annex
  8. 8Transitional and additional measures Repealed
  9. 9Safety requirements Repealed
  10. 10Amendments to Regulations (EC) No 730/2006, (EC) No 1033/2006, (EC) No 1794/2006, (EC) No 1265/2007, (EU) No 255/2010 and Implementing Regulation (EU) No 1035/2011
  11. 11Entry into force Repealed
  12. Signature
  13. Annex: RULES OF THE AIR
  14. Flight over the high seas
  15. General
  16. (a)Division (a)
  17. (b)Division (b)
  18. Applicability and compliance
  19. SERA.2001Subject
  20. SERA.2005Compliance with the rules of the air
  21. Responsibilities
  22. (a)Responsibility of the pilot-in-command
  23. (b)Pre-flight action
  24. SERA.2015Authority of pilot-in-command of an aircraft
  25. SERA.2020Problematic use of psychoactive substances
  26. General rules and collision avoidance
  27. Protection of persons and property
  28. SERA.3101Negligent or reckless operation of aircraft
  29. SERA.3105Minimum heights
  30. SERA.3110Cruising levels
  31. SERA.3115Dropping or spraying
  32. SERA.3120Towing
  33. SERA.3125Parachute descents
  34. SERA.3130Aerobatic flight
  35. SERA.3135Formation flights
  36. SERA.3140Unmanned free balloons
  37. SERA.3145Prohibited areas and restricted areas
  38. Avoidance of collisions
  39. SERA.3201General
  40. SERA.3205Proximity
  41. Right-of-way
  42. (a)Division (a)
  43. (b)Division (b)
  44. (c)An aircraft that is obliged by the following rules to keep out of the way of another shall avoid passing over, under or in front of the other, unless it passes well clear and takes into account the effect of aircraft wake turbulence.
  45. (d)Surface movement of aircraft, persons and vehicles.
  46. Lights to be displayed by aircraft
  47. (a)Except as provided by (e), at night all aircraft in flight shall display:
  48. (b)Except as provided by (e), at night:
  49. (c)Division (c)
  50. (d)Except as provided by (e), all aircraft:
  51. (e)A pilot shall be permitted to switch off or reduce the intensity of any flashing lights fitted to meet the requirements of (a), (b), (c) and (d) if they do or are likely to:
  52. SERA.3220Simulated instrument flights
  53. SERA.3225Operation on and in the vicinity of an aerodrome
  54. Water operations
  55. (a)When two aircraft or an aircraft and a vessel are approaching one another and there is a risk of collision, the aircraft shall proceed with careful regard to existing circumstances and conditions including the limitations of the respective craft.
  56. (b)Division (b)
  57. Signals
  58. General
  59. (a)Division (a)
  60. (b)Division (b)
  61. (c)Division (c)
  62. (d)Division (d)
  63. (e)Division (e)
  64. (f)Division (f)
  65. Time
  66. General
  67. (a)Division (a)
  68. (b)Division (b)
  69. (c)Division (c)
  70. Time in air traffic services
  71. (1)Division (1)
  72. Flight plans
  73. Submission of a flight plan
  74. (a)Division (a)
  75. (b)A flight plan shall be submitted prior to operating:
  76. (c)Division (c)
  77. (d)Unless a shorter period of time has been prescribed by the competent authority for domestic VFR flights, a flight plan for any flight planned to operate across international borders or to be provided with air traffic control service or air traffic advisory service shall be submitted at least 60 minutes before departure, or, if submitted during flight, at a time which will ensure its receipt by the appropriate ATS unit at least 10 minutes before the aircraft is estimated to reach:
  78. Contents of a flight plan
  79. (a)A flight plan shall comprise information regarding such of the following items as are considered relevant by the competent authority:
  80. (b)Division (b)
  81. Completion of a flight plan
  82. (a)Division (a)
  83. (b)Division (b)
  84. Changes to a flight plan
  85. (a)Division (a)
  86. (b)Division (b)
  87. Closing a flight plan
  88. (a)An arrival report shall be made in person, by radiotelephony, via data link or by other means as prescribed by the competent authority at the earliest possible moment after landing, to the appropriate air traffic services unit at the arrival aerodrome, by any flight for which a flight plan has been submitted covering the entire flight or the remaining portion of a flight to the destination aerodrome.
  89. (b)Division (b)
  90. (c)Division (c)
  91. (d)Division (d)
  92. (e)Arrival reports made by aircraft shall contain the following elements of information:
  93. Visual meteorological conditions, visual flight rules, special VFR and instrument flight rules
  94. SERA.5001VMC visibility and distance from cloud minima
  95. Visual flight rules
  96. (a)Division (a)
  97. (b)Except when a special VFR clearance is obtained from an air traffic control unit, VFR flights shall not take off or land at an aerodrome within a control zone, or enter the aerodrome traffic zone or aerodrome traffic circuit when the reported meteorological conditions at that aerodrome are below the following minima:
  98. (c)When so prescribed by the competent authority, VFR flights at night may be permitted under the following conditions:
  99. (d)VFR flights shall not be operated:
  100. (e)Division (e)
  101. (f)Except when necessary for take-off or landing, or except by permission from the competent authority, a VFR flight shall not be flown:
  102. (g)Division (g)
  103. (h)VFR flights shall comply with the provisions of Section 8:
  104. (i)Division (i)
  105. (j)An aircraft operated in accordance with the visual flight rules which wishes to change to compliance with the instrument flight rules shall:
  106. SERA.5010Special VFR in control zones
  107. Instrument flight rules (IFR) — Rules applicable to all IFR flights
  108. (a)Aircraft equipment
  109. (b)Minimum levels
  110. Change from IFR flight to VFR flight
  111. (1)Division (1)
  112. (2)Division (2)
  113. (3)Division (3)
  114. IFR — Rules applicable to IFR flights within controlled airspace
  115. (a)Division (a)
  116. (b)Division (b)
  117. IFR — Rules Applicable to IFR flights outside controlled airspace
  118. (a)Cruising levels
  119. (b)Communications
  120. (c)Position reports
  121. Airspace classification
  122. SERA.6001Classification of airspaces
  123. Requirements for communications and SSR transponder
  124. Radio mandatory zone (RMZ)
  125. (1)Division (1)
  126. (2)Division (2)
  127. Transponder mandatory zone (TMZ)
  128. (1)Division (1)
  129. (c)Division (c)
  130. Air traffic services
  131. SERA.7001General — Objectives of the air traffic services
  132. Collision hazard information when ATS based on surveillance are provided
  133. (a)When an identified controlled flight is observed to be on a conflicting path with an unknown aircraft, deemed to constitute a collision hazard, the pilot of the controlled flight shall, whenever practicable:
  134. Coordination between the aircraft operator and air traffic services
  135. (a)Division (a)
  136. (b)Division (b)
  137. Air traffic control service
  138. SERA.8001Application
  139. Operation of air traffic control service
  140. (a)In order to provide air traffic control service, an air traffic control unit shall:
  141. (b)Clearances issued by air traffic control units shall provide separation:
  142. (c)Except for cases when a reduction in separation minima in the vicinity of aerodromes can be applied, separation by an air traffic control unit shall be obtained by at least one of the following:
  143. Separation minima
  144. (a)Division (a)
  145. (b)Division (b)
  146. (c)Details of the selected separation minima and of their areas of application shall be notified:
  147. Application of wake turbulence separation
  148. (a)Wake turbulence separation minima shall be applied to aircraft in the approach and departure phases of flight under the following circumstances:
  149. Air traffic control clearances
  150. (a)Division (a)
  151. Operation subject to clearance
  152. (1)Division (1)
  153. (2)Division (2)
  154. (3)Division (3)
  155. (4)Division (4)
  156. (5)Division (5)
  157. Clearances for transonic flight
  158. (1)Division (1)
  159. (2)Division (2)
  160. (d)Contents of clearances
  161. Read-back of clearances and safety-related information
  162. (1)The flight crew shall read back to the air traffic controller safety-related parts of ATC clearances and instructions which are transmitted by voice. The following items shall always be read back:
  163. (2)Division (2)
  164. (3)Division (3)
  165. (4)Division (4)
  166. (ea)Changes in clearance regarding route or level
  167. (eb)Clearance related to altimetry
  168. (ec)Conditional clearances
  169. Coordination of clearances
  170. (1)Division (1)
  171. (2)An aircraft shall be cleared for the entire route to the aerodrome of first intended landing:
  172. (3)Division (3)
  173. (4)When prescribed by the ATS unit, aircraft shall contact a downstream air traffic control unit, for the purpose of receiving a downstream clearance prior to the transfer of control point.
  174. (5)Division (5)
  175. (6)Division (6)
  176. Adherence to flight plan
  177. (a)Except as provided for in (b) and (d) an aircraft shall adhere to the current flight plan or the applicable portion of a current flight plan submitted for a controlled flight unless a request for a change has been made and clearance obtained from the appropriate air traffic control unit, or unless an emergency situation arises which necessitates immediate action by the aircraft, in which event as soon as circumstances permit, after such emergency authority is exercised, the appropriate air traffic services unit shall be notified of the action taken and that this action has been taken under emergency authority.
  178. (b)Inadvertent changes. In the event that a controlled flight inadvertently deviates from its current flight plan, the following action shall be taken:
  179. (c)Intended changes. Requests for flight plan changes shall include information as indicated hereunder:
  180. (d)Weather deterioration below the VMC. When it becomes evident that flight in VMC in accordance with its current flight plan will not be practicable, a VFR flight operated as a controlled flight shall:
  181. Position reports
  182. (a)Unless exempted by the competent authority or by the appropriate air traffic services unit under conditions specified by that authority, a controlled flight shall report to the appropriate air traffic services unit, as soon as possible, the time and level of passing each designated compulsory reporting point, together with any other required information. Position reports shall similarly be made in relation to additional points when requested by the appropriate air traffic services unit. In the absence of designated reporting points, position reports shall be made at intervals prescribed by the competent authority or specified by the appropriate air traffic services unit.
  183. SERA.8030Termination of control
  184. Communications
  185. (a)An aircraft operated as a controlled flight shall maintain continuous air-ground voice communication watch on the appropriate communication channel of, and establish two-way communication as necessary with, the appropriate air traffic control unit, except as may be prescribed by the relevant ANSP in respect of aircraft forming part of aerodrome traffic at a controlled aerodrome.
  186. (b)Division (b)
  187. Flight information service
  188. Application
  189. (a)Flight information service shall be provided by the appropriate air traffic services units to all aircraft which are likely to be affected by the information and which are:
  190. (b)Division (b)
  191. (c)Division (c)
  192. Scope of flight information service
  193. (a)Flight information service shall include the provision of pertinent:
  194. (b)Flight information service provided to flights shall include, in addition to that outlined in (a), the provision of information concerning:
  195. (c)Division (c)
  196. Automatic terminal information service (ATIS)
  197. Use of the ATIS messages in directed request/reply transmissions
  198. (1)Division (1)
  199. (2)Whenever Voice-ATIS and/or D-ATIS is provided:
  200. (3)Division (3)
  201. (4)Division (4)
  202. (b)ATIS for arriving and departing aircraft
  203. (c)ATIS for arriving aircraft
  204. (d)ATIS for departing aircraft
  205. Alerting service
  206. Application
  207. (a)Alerting service shall be provided by the air traffic services units:
  208. (b)Division (b)
  209. (c)Division (c)
  210. Information to aircraft operating in the vicinity of an aircraft in a state of emergency
  211. (a)Division (a)
  212. (b)Division (b)
  213. Interference, emergency contingencies and interception
  214. General
  215. (a)Division (a) Repealed
  216. (b)Division (b) Repealed
  217. (c)Division (c)
  218. (d)Division (d)
  219. Unlawful interference
  220. (a)Division (a) Repealed
  221. (aa)Division (aa)
  222. (ab)Division (ab)
  223. (b)Division (b)
  224. (c)Division (c)
  225. Strayed or unidentified aircraft
  226. Strayed or unidentified aircraft
  227. (a)As soon as an air traffic services unit becomes aware of a strayed aircraft it shall take all necessary steps as outlined in (1) and (3) to assist the aircraft and to safeguard its flight.
  228. (b)As soon as an air traffic services unit becomes aware of an unidentified aircraft in its area, it shall endeavour to establish the identity of the aircraft whenever this is necessary for the provision of air traffic services or required by the appropriate military authorities in accordance with locally agreed procedures. To this end, the air traffic services unit shall take such of the following steps as are appropriate in the circumstances:
  229. (c)Division (c)
  230. SERA.11012Minimum Fuel and Fuel Emergency
  231. SERA.11013Degraded aircraft performance
  232. SERA.11014ACAS resolution advisory (RA)
  233. Interception
  234. (a)Division (a)
  235. (b)The pilot-in-command of a civil aircraft, when intercepted, shall:
  236. (c)Division (c)
  237. (d)Division (d)
  238. (e)If radio contact is established during interception but communication in a common language is not possible, attempts shall be made to convey instructions, acknowledgement of instructions and essential information by using the phrases and pronunciations in Table S11-3 and transmitting each phrase twice:
  239. (f)As soon as an air traffic services unit learns that an aircraft is being intercepted in its area of responsibility, it shall take such of the following steps as are appropriate in the circumstances:
  240. (g)As soon as an air traffic services unit learns that an aircraft is being intercepted outside its area of responsibility, it shall take such of the following steps as are appropriate in the circumstances:
  241. Services related to meteorology — Aircraft observations and reports by voice communications
  242. Types of aircraft observations
  243. (a)The following aircraft observations shall be made during any phase of the flight:
  244. Special aircraft observations
  245. (a)Special observations shall be made and reported by all aircraft whenever the following conditions are encountered or observed:
  246. (b)Division (b)
  247. (c)Flight crews shall compile the reports using forms based on the model AIREP SPECIAL form as set out in point A of Appendix 5. Those reports shall comply with the detailed instructions for reporting, as provided in point 2 of Appendix 5.
  248. SERA.12010Other non-routine aircraft observations
  249. Reporting of aircraft observations by voice communication
  250. (a)Division (a)
  251. (b)Division (b)
  252. Exchange of air-reports
  253. (a)ATS units shall transmit, as soon as practicable, special and non-routine air-reports to:
  254. (b)Division (b)
  255. SSR Transponder
  256. SERA.13001Operation of an SSR transponder
  257. SERA.13005SSR transponder Mode A code setting
  258. SERA.13010Pressure-altitude-derived information
  259. SERA.13015SSR transponder Mode S aircraft identification setting
  260. SERA.13020SSR transponder failure when the carriage of a functioning transponder is mandatory
  261. Voice communication procedures
  262. SERA.14001General
  263. SERA.14005Categories of messages
  264. SERA.14010Flight safety messages
  265. SERA.14015Language to be used in air-ground communication
  266. SERA.14020Word spelling in radiotelephony
  267. SERA.14025Principles governing the identification of ATS routes other than standard departure and arrival routes
  268. SERA.14026Significant points
  269. SERA.14030Use of designators for standard instrument departure and arrival routes
  270. Transmission of numbers in radiotelephony
  271. (a)Transmission of numbers
  272. SERA.14040Pronunciation of numbers
  273. SERA.14045Transmitting technique
  274. SERA.14050Radiotelephony call signs for aircraft
  275. SERA.14055Radiotelephony procedures
  276. SERA.14060Transfer of VHF communications
  277. SERA.14065Radiotelephony procedures for air-ground voice communication channel changeover
  278. SERA.14070Test procedures
  279. SERA.14075Exchange of communications
  280. SERA.14080Communications watch/Hours of service
  281. SERA.14085Use of blind transmission
  282. SERA.14087Use of relay communication technique
  283. SERA.14090Specific communication procedures
  284. SERA.14095Distress and urgency radiotelephony communication procedures
  285. 1Appendix 1
  286. 2Appendix 2
  287. 3Appendix 3
  288. 4Appendix 4
  289. 5Appendix 5
  290. Supplement to the ANNEXAppendix Supplement to the ANNEX