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Commission Implementing Regulation (EU) 2022/938 of 26 July 2022 amending Implementing Regulation (EU) 2017/373 as regards the requirements for aeronautical data catalogue and aeronautical information publication

Commission Implementing Regulation (EU) 2022/938 of 26 July 2022 amending Implementing Regulation (EU) 2017/373 as regards the requirements for aeronautical data catalogue and aeronautical information publication

THE EUROPEAN COMMISSION,

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

Having regard to Regulation (EU) 2018/1139 of the European Parliament and of the Council of 4 July 2018 on common rules in the field of civil aviation and establishing a European Union Aviation Safety Agency, and amending Regulations (EC) No 2111/2005, (EC) No 1008/2008, (EU) No 996/2010, (EU) No 376/2014 and Directives 2014/30/EU and 2014/53/EU of the European Parliament and of the Council, and repealing Regulations (EC) No 552/2004 and (EC) No 216/2008 of the European Parliament and of the Council and Council Regulation (EEC) No 3922/91(1), and in particular of Article 43(1), points (a) and (f), and Article 62(15), points (a) and (c)thereof,

Whereas:

  1. Commission Implementing Regulation (EU) 2017/373(2) lays down common requirements for providers of air traffic management/air navigation services (ATM/ANS) and other air traffic management network functions for general air traffic and their oversight.

  2. On 8 June 2020, the International Civil Aviation Organization (ICAO) adopted Amendment 1 to the Procedures for Air Navigation Services — Aeronautical Information Management (PANS-AIM, Doc 10066), introducing new provisions concerning the content and structure of the aeronautical information publication (AIP), and the aeronautical data catalogue, applicable in the ICAO Contracting States as of 4 November 2021. Those provisions should be reflected in Implementing Regulation (EU) 2017/373, and in particular in the common requirements for service providers set out in Annex III (Part-ATM/ANS.OR) and in the specific requirements for the providers of aeronautical information services set out in Annex VI (Part-AIS) to that Implementing Regulation.

  3. One of the elements necessary for the implementation of the concept of all-weather operations introduced by Commission Regulation (EU) No 965/2012(3) and Commission Regulation (EU) No 139/2014(4) is the availability of relevant, aerodrome-related, information in the AIP, presented in a standardised manner. The current structure and content of certain parts of the AIP reflect older provisions of Annex 14 to the Convention on International Civil Aviation, signed on 7 December 1944 in Chicago (‘the Chicago Convention’) regarding friction measurement, thus not providing for the promulgation of aeronautical information necessary for the implementation of the ICAO global reporting format through the AIP. Therefore, the provisions concerning the content and structure of the AIP, set out in Annex VI (Part-AIS) to Regulation (EU) 2017/373, should be amended.

  4. The definitions related to the concept of all-weather operations, set out in Annex I (Definitions) to Regulation (EU) 2017/373, should be amended to ensure consistency with those contained in Regulation (EU) No 965/2012 and Regulation (EU) No 139/2014. Moreover, to ensure that SNOWTAMs are issued under all necessary operational conditions, the definition of SNOWTAM contained in Annex I (Definitions) to Regulation (EU) 2017/373 should be amended in a manner that would be consistent with that set out in Annex 15 to the Chicago Convention and that set out in Regulation (EU) No 139/2014.

  5. Under the current instructions for the completion of the SNOWTAM format, it is not possible to issue a SNOWTAM under certain operational conditions of a runway, thus affecting the correct implementation of the global reporting format for runway surface conditions. Therefore, such instructions, set out in Annex VI to Regulation (EU) 2017/373, should be amended for the purposes of consistency with Regulation (EU) No 139/2014.

  6. Regulation (EU) 2017/373 should therefore be amended accordingly.

  7. The measures provided for in this Regulation are in accordance with Opinion No 03/2022 of the European Union Aviation Safety Agency.

  8. The measures provided for in this Regulation are in accordance with the opinion of the Committee established by Article 127 of Regulation (EU) 2018/1139,

HAS ADOPTED THIS REGULATION:

Article 1

Annexes I, III and VI to Regulation (EU) 2017/373 are amended in accordance with Annexes I, II and III to this Regulation.

Article 2

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 26 July 2022

For the Commission

The President

Ursula VON DER LEYEN

ANNEX I

Annex I to Implementing Regulation (EU) 2017/373 is amended as follows:

  1. the following point (38a) is inserted:

    • “conventional navigation route” means an ATS route established by reference to ground navigation aids;’;

  2. point (206) is replaced by the following:

    1. “low-visibility operations (LVOs)” means approach or take-off operations on a runway with a runway visual range (RVR) of less than 550 m or with a decision height (DH) of less than 200 ft;’;

  3. the following point (206a) is inserted:

    • “low-visibility procedures” means procedures applied at an aerodrome for the purpose of ensuring safety during low-visibility operations;’;

  4. the following point (212a) is inserted:

    • “operation with operational credits” means an operation using specific aircraft or ground equipment, or a combination of aircraft and ground equipment which allows any of the following elements:

      1. the application of lower-than-standard aerodrome operating minima for a particular classification of operation;

      2. visibility requirements can be satisfied or reduced;

      3. fewer ground facilities are required;’;

  5. point (231) is replaced by the following:

    1. “SNOWTAM” means a special series NOTAM given in a standard format, which provides a surface condition report notifying the presence or cessation of hazardous conditions due to snow, ice, slush, frost, standing water or water associated with snow, slush, ice, or frost on the movement area;’.

ANNEX II

ANNEX III

‘Appendix 3