Introductory text

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/EC^f1, and in particular Article 8b(6) thereof,

Whereas:

The continued growth of aviation is placing increasing demands on the use of available airspace, thus heightening the need to use it as effectively and efficiently as possible. The provision of air traffic management/air navigation services (ATM/ANS) using performance-based navigation (PBN) can bring safety, capacity and efficiency benefits through the optimisation of air traffic service routes and instrument approach procedures. In order to achieve those benefits and improve the performance of the European air traffic management network, harmonised airspace usage requirements and operating procedures concerning PBN should be provided for.

Those requirements and procedures concerning PBN should be based on the rules developed by the International Civil Aviation Organisation (ICAO) and their implementation should be in accordance with the ICAO Global Air Navigation Plan^f2 and the European ATM Master Plan^f3.

The Annex to Commission Implementing Regulation (EU) No 923/2012^f4 and in particular point SERA.5015(a) thereof, Annex III to Commission Regulation (EU) No 965/2012^f5 and in particular point ORO.GEN.110(d) thereof, Article 9(1) of Regulation (EC) No 216/2008, as implemented by Annex I to Commission Regulation (EU) No 452/2014^f6, and in particular point TCO.205 thereof, require that aircraft be equipped and flight crew be suitably qualified to operate on the intended route or procedure. Those requirements should be complemented by common airspace usage requirements specifying the corresponding flight procedures and routes.

The implementation of PBN in high-density terminal manoeuvring areas, as required by Commission Implementing Regulation (EU) No 716/2014^f7, is expected to improve the precision of approach trajectory and facilitate traffic sequencing at an earlier stage, so that fuel consumption and environmental impact in descent and arrival phases can be reduced. In order to facilitate implementation, the requirements of this Regulation should be consistent with those of Implementing Regulation (EU) No 716/2014.

The use of satellite-based augmentation systems (SBASs), in particular in the form of the European Geostationary Navigation Overlay Service (EGNOS), should be promoted, as safety and cost-efficiency considerations support the establishment of localiser performance with vertical guidance (LPV) minima approaches. However, operations with other PBN capabilities should be facilitated by providing for other minima in addition to LPV.

When developing the European Route Network Improvement Plan, the Network Manager referred to in Commission Regulation (EU) No 677/2011^f8 is, pursuant to that Regulation, to rely on a cooperative decision-making process. Accordingly, in relation to the provision of ATM/ANS in accordance with this Regulation, the Network Manager should coordinate with the providers of ATM/ANS, in particular in order to ensure that ATS routes used for the purpose of transitioning to or from the en route network are consistent with the specification of the standard instrument departure (SID) routes and standard instrument arrival (STAR) routes served.

The requirements for providers of ATM/ANS concerning the implementation of PBN set out in this Regulation should include, in particular, appropriate requirements for the implementation at all instrument runway ends of 3D approach procedures and, where those providers have established SID routes or STAR routes, the implementation of those routes. However, imposing those requirements could in certain situations have serious adverse consequences which outweigh the potential safety, capacity and efficiency benefits. Therefore, providers of ATM/ANS should in those situations be entitled to deviate from those requirements and instead be made subject to certain alternative requirements which are better suited for those specific situations, while still achieving those benefits as much as possible.

Furthermore, in the interest of a safe and smooth transition, providers of ATM/ANS should be allowed to provide their services also through other means than using PBN in accordance with the requirements of this Regulation for a reasonable time period. However, they should no longer be allowed to do so, other than by means of contingency measures, from 1 June 2030, in light of the need to rationalise ATM/ANS provision and avoid unnecessary costs, in particular to airspace users, resulting from the existence of multiple layers of navigation infrastructure.

In the interest of safety, a smooth and coordinated transition should be ensured to the provision of ATM/ANS using performance-based navigation in accordance with the requirements of this Regulation. Providers of ATM/ANS should therefore take, in a timely and effective manner, all necessary measures to that aim. Those measures should include the establishment of a transition plan, which each provider should keep up-to-date so as to take account of all relevant developments relating to the transition. Those transition plans, and any updates thereof which are significant in that they entail substantial changes to the plans and are capable of materially affecting the interests of interested parties, should be established after a process of consultation of interested parties, in order to ensure that their views are taken into account where appropriate, and after approval by the competent authority, in order to ensure compliance with the requirements set out in this Regulation and in particular Article 4(1).

Exceptionally, situations may arise where, after the implementation of the PBN requirements laid down in this Regulation, it proves impossible for providers of ATM/ANS, for unexpected reasons beyond their control, to provide their services in accordance with those requirements. Without prejudice to the obligation on those providers to take all reasonable measures lying within their control to prevent such situations from arising and to restore compliance with those requirements as soon as possible when such situations nonetheless arises, they should therefore be required to take the necessary contingency measures for the continued, safe provision of their services through other means, in particular by using conventional navigation procedures.

It is necessary to allow sufficient time for the parties concerned to comply with this Regulation. The requirement regarding the exclusive use of PBN should apply from an appropriate later date, so as to allow for sufficient time for a safe and smooth transition. In addition, certain provisions of the Annex should also apply from an appropriate later date, in light of the additional time needed for the parties concerned to adapt to the requirements in question.

The measures provided for in this Regulation are based on the opinion issued by the European Aviation Safety Agency in accordance with point (b) of Article 17(2) and Article 19(1) of Regulation (EC) No 216/2008.

The measures provided in this Regulation are in accordance with the opinion of the Committee established by Article 5 of Regulation (EC) No 549/2004 of the European Parliament and of the Council^f9,

HAS ADOPTED THIS REGULATION: