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Commission Regulation (EU) 2015/340 of 20 February 2015 laying down technical requirements and administrative procedures relating to air traffic controllers' licences and certificates pursuant to Regulation (EC) No 216/2008 of the European Parliament and of the Council, amending Commission Implementing Regulation (EU) No 923/2012 and repealing Commission Regulation (EU) No 805/2011 (Text with EEA relevance)

EU Regulation 2015/340 · Adopted 20 February 2015 · Extends to United Kingdom

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Commission Regulation (EU) 2015/340

of 20 February 2015

laying down technical requirements and administrative procedures relating to air traffic controllers' licences and certificates pursuant to Regulation (EC) No 216/2008 of the European Parliament and of the Council, amending Commission Implementing Regulation (EU) No 923/2012 and repealing Commission Regulation (EU) No 805/2011

(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 216/2008 of the European Parliament and of the Council of 20 February 2008 on common rules in the field of civil aviation and establishing a European Aviation Safety Agency, and repealing Council Directive 91/670/EEC, Regulation (EC) No 1592/2002 and Directive 2004/36/ECf1, and in particular Articles 8c(10) and 10(5) thereof,

Whereas:

(1)

Air traffic controllers and persons and organisations involved in their training, testing, checking and medical examination and assessment must comply with the relevant essential requirements set out in Annex Vb to Regulation (EC) No 216/2008. In particular, they are to be certified or licensed once they have demonstrated compliance with the essential requirements.

(2)

The European licence has proved to be an effective way of recognising and certifying the competence of air traffic controllers, who as a profession play a unique role in the operation of safe air traffic control. The Union-wide competence standard has reduced fragmentation in this field and thus contributed to more efficient organisation of work in the current context of increased regional collaboration between air navigation service providers. Maintaining and improving the common licensing scheme for air traffic controllers working in the Union is an important part of the European air traffic control system. To this aim, technical requirements and administrative procedures related to air traffic controllers' licences and certificates, reflecting the state of the art in this domain, should now be laid down.

(3)

The provision of air navigation services requires highly skilled personnel and in particular air traffic controllers, whose competence is demonstrated by a licence, issued on the basis of the detailed requirements set out in this Regulation. The rating on a licence should indicate the type of air traffic service an air traffic controller is competent to provide. The endorsements on the licence should reflect both the specific skills of the controller and the authorisation given by the competent authorities to provide services for a particular sector, group of sectors and/or working positions.

(4)

The authorities performing supervision and verification of compliance under this Regulation should be sufficiently independent from air traffic controllers when issuing licences or extending the validity of the endorsements, when suspending or revoking licences, ratings, endorsements or certificates in cases where the conditions for their issue are no longer met. Those authorities should also be sufficiently independent from air navigation service providers and training organisations. They should remain capable of performing their tasks effectively. The competent authority or authorities charged with the responsibility set out in this Regulation may be the body or bodies designated or established in accordance with Article 4 of Regulation (EC) No 549/2004 of the European Parliament and of the Councilf2. The European Aviation Safety Agency (hereinafter the ‘Agency’) should act as the competent authority for issuing and renewing certificates held by air traffic controller training organisations located outside the territory of the Member States and, where relevant, their personnel. As such, it should meet the same requirements.

(5)

In light of the particular characteristics of air traffic in the Union, common competence standards for air traffic controllers employed by air navigation service providers should be introduced and effectively applied, ensuring air traffic management and air navigation services (ATM/ANS) to the public.

(6)

Member States should have the possibility to apply this Regulation to their military personnel providing services to the public, as referred to in Article 1(2)(c) of Regulation (EC) No 216/2008.

(7)

Poor communication is often a significant contributing factor in incidents and accidents. Therefore, detailed language proficiency requirements for air traffic controllers should be laid down. Those requirements are based on the requirements adopted by the International Civil Aviation Organization (ICAO) and provide a means of enforcing these internationally accepted standards. The principles of non-discrimination, transparency and proportionality are upheld with regard to language proficiency requirements in order to encourage free movement of workers, while ensuring safety. The validity of language proficiency endorsement should be proportionate to the proficiency level as determined in this Regulation.

(8)

Common rules for issuing and maintaining licences for air traffic controllers are essential to increase Member States' confidence in each other's systems. To ensure the highest level of safety, uniform requirements for the training, qualifications and competence of air traffic controllers should therefore be introduced. This also serves to ensure the provision of safe, high-quality air traffic control services and it contributes to the recognition of licences throughout the Union, thereby increasing freedom of movement and improving the availability of air traffic controllers.

(9)

The European Organisation for the Safety of Air Navigation (Eurocontrol) has set appropriate standards for initial training, set out in the Specification for the ATCO Common Core Content Initial Training. In order to reflect the scientific and technical progress and to facilitate a uniform approach to initial training, which is the key element for ensuring mobility among air traffic controllers, these standards should now be set out in Union law. Requirements should also be established for unit and continuation training, taking into account the applicable essential requirements as specified in Article 8c of Regulation (EC) No 216/2008. In the absence of European training requirements, Member States may continue to rely on training standards developed by ICAO.

(10)

In consultation with a group of experts, Eurocontrol has developed requirements for medical assessment of air traffic controllers, which have already been used by Member States together with ICAO Annex 1. Those requirements should now be transposed into Union law in order to ensure their uniform application in all Member States.

(11)

In order to ensure that Member States fulfil their safety responsibilities and obligations in a correct and structured manner by means of an administration and management system operated by competent authorities and organisations acting on their behalf, in line with ICAO State Safety Programme, this Regulation should stipulate the requirement to be applied by the competent authorities.

(12)

The certification of training organisations is one of the essential factors contributing to the quality of air traffic controller training and thus to the safe provision of air traffic control. The requirements for training organisations should therefore be strengthened. It should be possible to certify training according to the type of training, as a package of training services or as a package of training and air navigation services, without losing sight of the particular characteristics of the training offered by each organisation.

(13)

The general conditions for obtaining a licence, insofar as they relate to age and medical requirements, should not affect the holders of existing licences. In order to preserve existing licence privileges and provide smooth transition for all licence holders and for the competent authorities, licences and medical certificates issued by Member States in accordance with Directive 2006/23/EC of the European Parliament and of the Councilf3 and with Commission Regulation (EU) No 805/2011f4 should be considered as having been issued in accordance with this Regulation.

(14)

For the sake of consistency, the definition of psychoactive substance in Commission Implementing Regulation (EU) No 923/2012f5 should be amended.

(15)

While this Regulation builds on previous achievements and EU regulatory requirements, for the sake of clarity, Regulation (EU) No 805/2011 should be repealed.

(16)

In accordance with Articles 17(2)(b) and 19(1) of Regulation (EC) No 216/2008, the Commission has been assisted by the Agency when preparing the measures provided for in this Regulation.

(17)

The measures provided for in this Regulation are in accordance with the opinion of the Committee established by Article 65 of Regulation (EC) No 216/2008,

HAS ADOPTED THIS REGULATION:

Annotations to the whole text

Footnotes

f1

OJ L 79, 19.3.2008, p. 1.

f2

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 (OJ L 96, 31.3.2004, p. 10).

f3

Directive 2006/23/EC of the European Parliament and of the Council of 5 April 2006 on a Community air traffic controller licence (OJ L 114, 27.4.2006, p. 22).

f4

Commission Regulation (EU) No 805/2011 of 10 August 2011 laying down detailed rules for air traffic controllers' licences and certain certificates pursuant to Regulation (EC) No 216/2008 of the European Parliament and of the Council (OJ L 206, 11.8.2011, p. 21).

f5

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 (OJ L 281, 13.10.2012, p. 1).

Contents

  1. 1Subject matter and scope
  2. 2Compliance with requirements and procedures
  3. 3Provision of air traffic control services
  4. 4Definitions
  5. 5Competent authority Repealed
  6. 6Competent authority for the purposes of Annexes I, III and IV Repealed
  7. 7Transitional provisions
  8. 8Replacement of licences, adaptations of privileges, training courses and unit competence schemes Repealed
  9. 9Amendment to Commission Implementing Regulation (EU) No 923/2012
  10. 10Repeal
  11. 11Entry into force and application
  12. Signature
  13. Annex I
  14. Part ATCO: REQUIREMENTS FOR THE LICENSING OF AIR TRAFFIC CONTROLLERS
  15. GENERAL REQUIREMENTS
  16. ATCO.A.001Scope
  17. ATCO.A.005Application for the issue of licences, ratings and endorsements
  18. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  19. ATCO.A.015Exercise of the privileges of licences and provisional inability
  20. ATCO.A.020Revocation and suspension of licences, ratings and endorsements
  21. LICENCES, RATINGS AND ENDORSEMENTS
  22. ATCO.B.001Student air traffic controller licence
  23. ATCO.B.005Air traffic controller licence
  24. ATCO.B.010Air traffic controller ratings
  25. ATCO.B.015Rating endorsements
  26. ATCO.B.020Unit endorsements
  27. ATCO.B.025Unit competence scheme
  28. ATCO.B.030Language proficiency endorsement
  29. ATCO.B.035Validity of language proficiency endorsement
  30. ATCO.B.040Assessment of language proficiency
  31. ATCO.B.045Language training
  32. REQUIREMENTS FOR INSTRUCTORS AND ASSESSORS
  33. Instructors
  34. ATCO.C.001Theoretical instructors
  35. ATCO.C.005Practical instructors
  36. ATCO.C.010On-the-job training instructor (OJTI) privileges
  37. ATCO.C.015Application for on-the-job training instructor endorsement
  38. ATCO.C.020Validity of on-the-job training instructor endorsement
  39. ATCO.C.025Temporary OJTI authorisation
  40. ATCO.C.030Synthetic training device instructor (STDI) privileges
  41. ATCO.C.035Application for synthetic training device instructor endorsement
  42. ATCO.C.040Validity of synthetic training device instructor endorsement
  43. Assessors
  44. ATCO.C.045Assessor privileges
  45. ATCO.C.050Vested interests
  46. ATCO.C.055Application for assessor endorsement
  47. ATCO.C.060Validity of assessor endorsement
  48. ATCO.C.065Temporary assessor authorisation
  49. AIR TRAFFIC CONTROLLER TRAINING
  50. General requirements
  51. ATCO.D.001Objectives of air traffic controller training
  52. ATCO.D.005Types of air traffic controller training
  53. Initial training requirements
  54. ATCO.D.010Composition of initial training
  55. ATCO.D.015Initial training plan
  56. ATCO.D.020Basic and rating training courses
  57. ATCO.D.025Basic training examinations and assessment
  58. ATCO.D.030Basic training performance objectives
  59. ATCO.D.035Rating training examinations and assessment
  60. ATCO.D.040Rating training performance objectives
  61. Unit training requirements
  62. ATCO.D.045Composition of unit training
  63. ATCO.D.050Prerequisites of unit training
  64. ATCO.D.055Unit training plan
  65. ATCO.D.060Unit endorsement course
  66. ATCO.D.065Demonstration of theoretical knowledge and understanding
  67. ATCO.D.070Assessments during unit endorsement courses
  68. Continuation training requirements
  69. ATCO.D.075Continuation training
  70. ATCO.D.080Refresher training
  71. ATCO.D.085Conversion training
  72. Training of instructors and assessors
  73. ATCO.D.090Training of practical instructors
  74. ATCO.D.095Training of assessors
  75. 1 of Annex ILANGUAGE PROFICIENCY RATING SCALE — REQUIREMENTS FOR PROFICIENCY IN LANGUAGES
  76. 2 of Annex IAppendix 2 of Annex I
  77. 3 of Annex IAppendix 3 of Annex I
  78. 4 of Annex IAppendix 4 of Annex I
  79. 5 of Annex IAppendix 5 of Annex I
  80. 6 of Annex IAppendix 6 of Annex I
  81. 7 of Annex IAppendix 7 of Annex I
  82. 8 of Annex IAppendix 8 of Annex I
  83. Annex II
  84. Part ATCO.AR: REQUIREMENTS FOR the CAA
  85. GENERAL REQUIREMENTS
  86. ATCO.AR.A.001Scope
  87. ATCO.AR.A.005Personnel
  88. Tasks of the CAA
  89. (a)The tasks of the CAA shall include:
  90. ATCO.AR.A.015Means of compliance
  91. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  92. ATCO.AR.A.025Immediate reaction to a safety problem
  93. MANAGEMENT
  94. ATCO.AR.B.001Management system
  95. ATCO.AR.B.005Allocation of tasks to qualified entities
  96. ATCO.AR.B.010Changes to the management system
  97. ATCO.AR.B.015Record keeping
  98. OVERSIGHT AND ENFORCEMENT
  99. ATCO.AR.C.001Oversight
  100. ATCO.AR.C.005Oversight programme
  101. ATCO.AR.C.010Findings and enforcement measures for personnel
  102. ISSUE, REVALIDATION, RENEWAL, SUSPENSIONAND REVOCATION OF LICENCES, RATINGS AND ENDORSEMENTS
  103. ATCO.AR.D.001Procedure for the issue, revalidation and renewal of licences, ratings, endorsements and authorisations
  104. ATCO.AR.D.005Revocation and suspension of licences, ratings and endorsements
  105. CERTIFICATION PROCEDURE FOR AIR TRAFFIC CONTROLLER TRAINING ORGANISATIONS AND APPROVAL OF TRAINING COURSES
  106. ATCO.AR.E.001Application and certification procedure for training organisations
  107. ATCO.AR.E.005Approval of training courses and training plans
  108. ATCO.AR.E.010Changes to the training organisations
  109. ATCO.AR.E.015Findings and corrective actions
  110. SPECIFIC REQUIREMENTS RELATING TO AERO-MEDICAL CERTIFICATION
  111. General requirements
  112. ATCO.AR.F.001Aero-medical centres and aero-medical certification
  113. Documentation
  114. ATCO.AR.F.005Medical certificate
  115. ATCO.AR.F.010AME certificate
  116. ATCO.AR.F.015AeMC certificate
  117. ATCO.AR.F.020Aero-medical forms
  118. 1 of Annex IIAppendix 1 of Annex II
  119. 2 of Annex IIAppendix 2 of Annex II
  120. 3 of Annex IIAppendix 3 of Annex II
  121. 4 of Annex IIAppendix 4 of Annex II
  122. Annex III
  123. Part ATCO.OR: REQUIREMENTS FOR AIR TRAFFIC CONTROLLER TRAINING ORGANISATIONS AND AERO-MEDICAL CENTRES
  124. GENERAL REQUIREMENTS
  125. ATCO.OR.A.001Scope
  126. REQUIREMENTS FOR AIR TRAFFIC CONTROLLER TRAINING ORGANISATIONS
  127. ATCO.OR.B.001Application for a training organisation certificate
  128. ATCO.OR.B.005Means of compliance
  129. ATCO.OR.B.010Terms of approval and privileges of a training organisation certificate
  130. ATCO.OR.B.015Changes to the training organisation
  131. ATCO.OR.B.020Continued validity
  132. ATCO.OR.B.025Access to training organisations' facilities and data
  133. ATCO.OR.B.030Findings
  134. ATCO.OR.B.035Immediate reaction to a safety problem
  135. ATCO.OR.B.040Occurrence reporting
  136. MANAGEMENT OF AIR TRAFFIC CONTROLLER TRAINING ORGANISATIONS
  137. ATCO.OR.C.001Management system of training organisations
  138. ATCO.OR.C.005Contracted activities
  139. ATCO.OR.C.010Personnel requirements
  140. ATCO.OR.C.015Facilities and equipment
  141. ATCO.OR.C.020Record keeping
  142. ATCO.OR.C.025Funding and insurances
  143. REQUIREMENTS FOR TRAINING COURSES AND TRAINING PLANS
  144. ATCO.OR.D.001Requirements for training courses and training plans
  145. ATCO.OR.D.005Examination and assessment results and certificates
  146. REQUIREMENTS FOR AERO-MEDICAL CENTRES
  147. ATCO.OR.E.001Aero-medical centres
  148. Annex IV
  149. Part ATCO.MED: MEDICAL REQUIREMENTS FOR AIR TRAFFIC CONTROLLERS
  150. GENERAL REQUIREMENTS
  151. General
  152. ATCO.MED.A.001. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  153. ATCO.MED.A.005Scope
  154. ATCO.MED.A.010Definitions
  155. ATCO.MED.A.015Medical confidentiality
  156. ATCO.MED.A.020Decrease in medical fitness
  157. ATCO.MED.A.025Obligations of AeMC and AME
  158. Requirements for medical certificates
  159. ATCO.MED.A.030Medical certificates
  160. ATCO.MED.A.035Application for a medical certificate
  161. ATCO.MED.A.040Issue, revalidation and renewal of medical certificates
  162. Validity, revalidation and renewal of medical certificates
  163. (a)Validity:
  164. (b)Revalidation:
  165. (c)Renewal:
  166. ATCO.MED.A.046Suspension or revocation of a medical certificate
  167. ATCO.MED.A.050Referral
  168. REQUIREMENTS FOR AIR TRAFFIC CONTROLLER MEDICAL CERTIFICATES
  169. General
  170. ATCO.MED.B.001Limitations to medical certificates
  171. Medical requirements for class 3 medical certificates
  172. ATCO.MED.B.005General
  173. Cardiovascular system
  174. (a)Examination:
  175. (b)Cardiovascular system — General:
  176. (c)Blood pressure:
  177. (d)Coronary artery disease:
  178. (e)Rhythm/Conduction disturbances:
  179. ATCO.MED.B.015Respiratory system
  180. ATCO.MED.B.020Digestive system
  181. ATCO.MED.B.025Metabolic and endocrine systems
  182. ATCO.MED.B.030Haematology
  183. ATCO.MED.B.035Genitourinary system
  184. ATCO.MED.B.040Infectious disease
  185. ATCO.MED.B.045Obstetrics and gynaecology
  186. ATCO.MED.B.050Musculoskeletal system
  187. ATCO.MED.B.055Psychiatry
  188. ATCO.MED.B.060Psychology
  189. ATCO.MED.B.065Neurology
  190. ATCO.MED.B.070Visual system
  191. ATCO.MED.B.075Colour vision
  192. ATCO.MED.B.080Otorhinolaryngology
  193. ATCO.MED.B.085Dermatology
  194. ATCO.MED.B.090Oncology
  195. AERO-MEDICAL EXAMINERS (AMEs)
  196. ATCO.MED.C.001Privileges
  197. ATCO.MED.C.005Application
  198. ATCO.MED.C.010Requirements for the issue of an AME certificate
  199. ATCO.MED.C.015Training courses in aviation medicine
  200. ATCO.MED.C.020Changes to the AME certificate
  201. ATCO.MED.C.025Validity of AME certificates