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Commission Implementing Regulation (EU) 2018/1048 of 18 July 2018 laying down airspace usage requirements and operating procedures concerning performance-based navigation

Commission Implementing Regulation (EU) 2018/1048 of 18 July 2018 laying down airspace usage requirements and operating procedures concerning performance-based navigation

Article 1 Subject matter and scope

1.

This Regulation lays down airspace usage requirements and operating procedures concerning performance-based navigation.

2.

This Regulation applies to providers of air traffic management/air navigation services (ATM/ANS), and operators of aerodromes (hereinafter ‘providers of ATM/ANS’) that are responsible for putting in place instrument approach procedures or air traffic service (ATS) routes, where they provide their services in the following airspace:

  1. above the territory to which the Treaty applies;

  2. any other airspace where Member States are responsible for the provision of air navigation services in accordance with Article 1(3) of Regulation (EC) No 551/2004 of the European Parliament and of the Council(1).

Article 2 Definitions

For the purposes of this Regulation, the following definitions shall apply:

  1. ‘performance based navigation (PBN)’ means performance based navigation as defined in Article 2(5) of Regulation (EU) No 965/2012;

  2. ‘ATS route’ means ATS route as defined in Article 2(46) of Implementing Regulation (EU) No 923/2012;

  3. ‘instrument approach procedure’ means instrument approach procedure as defined in Article 2(90) of Implementing Regulation (EU) No 923/2012;

  4. ‘conventional navigation procedures’ means ATS routes and instrument approach procedures predicated on the use of ground-based navigation aids that do not enable compliance with the PBN requirements set out in this Regulation;

  5. ‘instrument runway’ means instrument runway as defined in Annex I, point 22 of Commission Regulation (EU) No 139/2014(2);

  6. ‘navigation specification’ means a set of requirements for aircraft and aircrew needed to support performance-based navigation operations within a defined airspace;

  7. ‘required navigation performance (RNP) X specification’ means a navigation specification based on area navigation that includes the requirement for on-board performance monitoring and alerting, whereby ‘X’ refers to the lateral navigation accuracy in nautical miles or the operation type and required functionalities;

  8. ‘lateral navigation (LNAV)’, ‘lateral navigation/vertical navigation (LNAV/VNAV)’ and ‘localizer performance with vertical guidance (LPV)’ mean the labels to identify the different types of operating minima on approach charts depicting approach procedures based on Global Navigation Satellite Systems (GNSS) which are classified as RNP approaches (RNP APCH);

  9. ‘radius to fix (RF)’ means a constant radius circular path about a defined turn centre that terminates at a fixed point;

  10. ‘2D approach’ means an instrument approach procedure, classified as an non-precision approach procedure, as defined in Article 2(90) of Implementing Regulation (EU) No 923/2012;

  11. ‘3D approach’ means an instrument approach procedure, classified as an approach with vertical guidance or a precision approach, as defined in Article 2(90) of Implementing Regulation (EU) No 923/2012;

  12. ‘satellite-based augmentation system (SBAS)’ means a wide-coverage augmentation system in which the user of a GNSS receives augmentation information from a satellite-based transmitter;

  13. ‘area navigation (RNAV) X specification’ means a navigation specification based on area navigation that does not include the requirement for on-board performance monitoring and alerting, whereby ‘X’ refers to the lateral navigation accuracy in nautical miles;

  14. ‘standard instrument arrival (STAR) route’ means a designated instrument flight rule arrival route linking a significant point, normally on an air traffic service (ATS) route, with a point at which a published instrument approach procedure can be commenced;

  15. ‘standard instrument departure (SID) route’ means a designated instrument flight rule departure route linking the aerodrome with a specified significant point, normally on a designated ATS route, at which the en route phase of a flight commences;

  16. ‘navigation functionality’ means the detailed capability of the navigation system required to meet the needs of the proposed operations in the airspace.

Article 3 PBN requirements

Providers of ATM/ANS shall comply with the requirements for the implementation of performance-based navigation set out in Subpart PBN of the Annex.

Article 4 Transitional measures

1.

Providers of ATM/ANS shall take the necessary measures to ensure a smooth and safe transition to the provision of their services using performance-based navigation in accordance with Article 3.

Those measures shall include the establishment and implementation of a transition plan. Providers of ATM/ANS shall keep their transition plan up-to-date.

The transition plan shall be consistent with the European ATM Master Plan and the common projects referred to in Article 15a of Regulation (EC) No 550/2004 of the European Parliament and of the Council(3).

2.

Providers of ATM/ANS shall consult all of the following parties on the draft transition plan and the draft of any significant updates thereof and take account of their views where appropriate:

  1. aerodrome operators, airspace users and representative organisations of such airspace users affected by the provision of their services;

  2. the Network Manager referred to in Article 3(1) of Regulation (EU) No 677/2011;

  3. providers of ATM/ANS that provide their services in adjacent airspace blocks.

3.

After having carried out the consultation referred to in paragraph 2, providers of ATM/ANS shall submit the results of the consultation, as well as the draft transition plan, or the draft significant update thereof, for approval to the competent authority responsible for the airspace concerned.

That competent authority shall verify whether the draft transition plan, or the draft significant update thereof, complies with the requirements of this Regulation and in particular whether it takes account of the views of airspace users where appropriate, including those operating State aircraft. Member State of the competent authority may provide that such verification shall be carried out in coordination with other relevant authorities of the Member State concerned.

That competent authority shall inform the providers of ATM/ANS of the outcome of that verification without undue delay. Providers of ATM/ANS shall not establish or implement the transition plan, or the significant update thereof, before having been informed by that competent authority that it has approved the draft transition plan or draft significant update thereof.

Article 5 Exclusive use of PBN

1.

Providers of ATM/ANS shall not provide their services using conventional navigation procedures, or using performance-based navigation which is not in accordance with the requirements of point AUR.PBN.2005 of the Annex.

2.

Paragraph 1 shall be without prejudice to Article 6 and to the possibility of providers of ATM/ANS to provide their services using landing systems enabling CAT II or CAT III operations within the meaning of point (120e) of Annex I to Regulation (EU) No 965/2012.

Article 6 Contingency measures

Article 7 Entry into force and application

ANNEX