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

• CELEX: Implementing Regulation (EU) 2018/1048
• Articles: 8

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:

(a)

above the territory to which the Treaty applies;

(b)

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  ( 10 ) .

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  ( 11 ) ;

(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  ( 12 ) .

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:

(a)

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

(b)

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

(c)

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, CAT IIIA or CAT IIIB operations within the meaning of points 14, 15 and 16, respectively, of Annex I to Regulation (EU) No 965/2012.

Article 6 Contingency measures

Providers of ATM/ANS shall take the necessary measures to ensure that they remain capable of providing their services through other means where, for unexpected reasons beyond their control, GNSS or other methods used for performance-based navigation are no longer available, making it impossible for them to provide their services in accordance with Article 3. Those measures shall include, in particular, retaining a network of conventional navigation aids and related surveillance and communications infrastructure.

Article 7 Entry into force and application

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

2.   This Regulation shall apply from 3 December 2020.

However, by way of derogation from the first subparagraph:

(a)

Article 5 shall apply from 6 June 2030;

(b)

for aerodromes listed in point 1.2.1 of the Annex to Implementing Regulation (EU) No 716/2014 and for instrument runway ends served by precision approach procedures at other aerodromes, point AUR.PBN.2005(1) of the Annex shall apply from 25 January 2024;

(c)

for all instrument runway ends, point AUR.PBN.2005(4) of the Annex shall apply from 25 January 2024 with respect to one SID or STAR route established and from 6 June 2030 with respect to all SID or STAR routes established;

(d)

for ATS routes below FL 150, point AUR.PBN.2005(6) of the Annex shall apply from 25 January 2024.

Schedules & Appendices

ANNEX

ANNEX

SUBPART PBN — Performance-based navigation

AUR.PBN.1005     Subject-matter

In accordance with Article 3, this Subpart sets out the requirements for the implementation of performance-based navigation (PBN) to be complied with by providers of ATM/ANS.

AUR.PBN.2005     Routes and procedures

(1)

Providers of ATM/ANS shall implement, at all instrument runway ends, approach procedures in accordance with the requirements of the RNP approach (RNP APCH) specification, including LNAV, LNAV/VNAV and LPV minima and, where required due to traffic density or traffic complexity, radius to fix (RF) legs.

(2)

By way of derogation from point (1), at instrument runway ends where, due to terrain, obstacles or air traffic separation conditions, the implementation of 3D approach procedures is excessively difficult, providers of ATM/ANS shall implement 2D approach procedures in accordance with the requirements of the RNP approach (RNP APCH) specification. In that case, they may also, in addition to the implementation of those 2D approach procedures, implement 3D approach procedures in accordance with the requirements of the RNP authorisation required (RNP AR APCH) specification.

(3)

By way of derogation from point (1) at instrument runway ends without an appropriate SBAS coverage, providers of ATM/ANS shall implement RNP APCH procedures, including LNAV and LNAV/VNAV minima. Providers of ATM/ANS shall also implement LPV minima at those instrument runway ends, no later than 18 months from the date at which such appropriate SBAS coverage is available.

(4)

Where providers of ATM/ANS have established SID routes or STAR routes, they shall implement those routes in accordance with the requirements of RNAV 1 specification.

(5)

By way of derogation from point (4), where providers of ATM/ANS have established SID routes or STAR routes and where higher performance requirements than those referred to in that point are required in order to maintain air traffic capacity and safety in environments with high traffic density, traffic complexity or terrain features, they shall implement those routes in accordance with the requirements of the RNP 1 specification, including one or more of the following additional navigation functionalities:

(a)

operations along a vertical path and between two fixes and with the use of:

(i)

an ‘AT’ altitude constraint;

(ii)

an ‘AT OR ABOVE’ altitude constraint;

(iii)

an ‘AT OR BELOW’ altitude constraint;

(iv)

a ‘WINDOW’ constraint;

(b)

the radius to fix (RF) leg.

(6)

Where providers of ATM/ANS have established ATS routes for en route operations, they shall implement those routes in accordance with the requirements of the RNAV 5 specification.

(7)

By way of derogation from points (4) and (6), where providers of ATM/ANS have established ATS routes, SID routes or STAR routes for rotorcraft operations, they shall implement those routes in accordance with the requirements of the RNP 0.3, RNAV 1 or RNP 1 specifications. In that case, they shall be entitled to decide which of those three sets of requirements they comply with.