Subject matter
Article 3
Implementing Regulation (EU) 2017/373 is amended as follows: (1) Article 1 is replaced by the following: ‘Article 1 Subject matter This Regulation lays down common requirements for: (a) the provision of air traffic management and air navigation services (‘ATM/ANS’) for general air traffic, in particular for the legal or natural persons providing those services and functions; (b) the competent authorities and the qualified entities acting on their behalf, which perform certification, oversight and enforcement tasks in respect of the services referred to in point (a); (c) the rules and procedures for the design of airspace structures.’; (2) Article 2 is amended as follows: (a) point (2) is replaced by the following: ‘(2) ‘‘ATM/ANS provider’’ means any legal or natural person providing any of the ATM/ANS as defined in Article 3(5) of Regulation (EU) 2018/1139, either individually or bundled, for general air traffic;’; (b) New points (6), (7) and (8) are added: ‘(6) ‘‘design of airspace structures’’ means a process that ensures that airspace structures are properly designed, surveyed and validated before they are deployed and used by aircraft (7) ‘airborne collision avoidance system (ACAS)’ means an aircraft system based on secondary surveillance radar (SSR) transponder signals which operates independently of ground-based equipment to provide advice to the pilot on potential conflicting aircraft that are equipped with SSR transponders’; (8) ‘entity originating aeronautical data and aeronautical information’ – means any public or private entity responsible for origination of aeronautical data and aeronautical information used as a source for aeronautical information products and services. These entities do not include ATM/ANS providers referred to in point (2) of Article 2 of this Regulation and aerodromes defined in point (1)(e) of Article 2 of Regulation (EU) 2018/1139.’; (3) Article 3 is amended as follows: (a) the heading is replaced by the following: ‘Provision of ATM/ANS and design of airspace structures’; (b) paragraph 1 is replaced by the following: ‘1. Member States shall ensure that the appropriate ATM/ANS are provided and airspace structures are designed in accordance with this Regulation in a manner that facilitates general air traffic, while taking into account safety considerations, traffic requirements and environmental impact.’; (c) the following paragraphs 5, 6, 7, 8 and 9 are added: ‘5. Member States shall ensure that: (a) entities originating aeronautical data or aeronautical information meet the requirements laid down in: (i) point ATM/ANS.OR.A.085 of Annex III, except those in points (c), (d), (f)(1) and (i) thereof; (ii) point ATM/ANS.OR.A.090 of Annex III; (b) aeronautical data and aeronautical information are originated, processed and transmitted by adequately trained, competent and authorised personnel. When aeronautical data or aeronautical information is intended to be used for the purpose of IFR or special VFR flights, the requirements referred to in letters (a) and (b) of the first subparagraph shall apply to all entities originating such data and information. 6. Where it is determined that air traffic services are to be provided in particular portions of the airspace or at particular aerodromes, Member States shall ensure that those portions of the airspace or those aerodromes are specified in relation to the air traffic services that are to be provided. 7. Member States shall ensure that appropriate arrangements between the relevant ATM/ANS providers and aircraft operators are established for the adequate coordination of activities and services provided as well as for the exchange of relevant data and information. 8. Member States shall identify the persons or organisations, which are responsible for the design of airspace structures and shall ensure that those persons or organisations apply the requirements laid down in Appendix 1 to Annex XI (Part-FPD). 9. Member States shall ensure that maintenance and periodic review of flight procedures for aerodromes and airspace under their authority are conducted. For that purpose, Member States shall identify the persons or organisations, which are responsible for those tasks and shall ensure that the persons or organisations comply with the requirements laid down in Article 6, points (a) and (k).’; (4) the following Articles 3a, 3b, 3c and 3d are inserted: ‘Article 3a Determination of the need for the provision of air traffic services 1. Member States shall determine the need for the provision of air traffic services by taking into account all of the following factors: (a) the types of air traffic involved; (b) the density of air traffic; (c) the meteorological conditions; (d) other relevant factors related to the objectives of the air traffic services defined in point ATS.TR.100 of Annex IV. 2. While determining the need for the provision of air traffic services Member States shall not take into account the carriage of airborne collision avoidance systems by aircraft. Article 3b Coordination between military units and air traffic service providers Without prejudice to Article 6 of Regulation (EC) No 2150/2005, Member States shall establish special procedures so that: (a) air traffic service providers are notified if a military unit observes that an aircraft, which is, or might be, a civil aircraft is approaching, or has entered, any area in which interception might become necessary; (b) the air traffic service provider shall in close coordination with the military unit confirm the identity of the aircraft and provide it with the navigational guidance necessary to avoid the need for interception. Article 3c Coordination of air operations potentially hazardous to civil aviation 1. Member States shall ensure that operations potentially hazardous to civil aircraft over their territory are coordinated, including over the high seas, in case the competent authority has accepted, pursuant to an ICAO Regional Air Navigation Agreement, the responsibility to provide air traffic services within the airspace concerned. The coordination shall be effected early enough to permit timely promulgation of information regarding those activities. 2. Member States shall establish arrangements for the promulgation of information regarding the activities referred to in paragraph 1. Article 3d Very-high frequency (VHF) emergency frequency 1. Without prejudice to paragraph 2, Member States shall ensure that the VHF emergency frequency (121,500 MHz) is only used for genuine emergency purposes as specified in point ATS.OR.405(a) of Annex IV. 2. Member States may exceptionally allow the use of the VHF emergency frequency referred to in paragraph 1 for other purposes than those specified in point ATS.OR.405(a) of Annex IV, if those are limited to the extent necessary to achieve their aim and in order to reduce the impact upon aircraft in distress or emergency and upon the operations of air traffic services units.’; (5) Article 6 is amended as follows: (a) point (d) is replaced by the following: ‘(d) for providers of air traffic services, in addition to the requirements of points (a) and (c), the requirements laid down in Annex IV (Part-ATS) and the requirements laid down in Regulation (EU) No 923/2012;’; (b) point (k) is replaced by the following: ‘(k) for providers of flight procedure design services, in addition to the requirements of points (a) and (b), the requirements laid down in Annex XI (Part-FPD);’; (6) Annexes I, II, III, IV, V, VI and XI are amended in accordance with Annex III to this Regulation.