Regulation 2017/373, the “Air Traffic Management Common Requirements Implementing Regulation” (ATM IR), entered into EU law on 1 March 2017.
The regulation lays down common requirements for ATM service providers and the oversight of ATM/air navigation services (ANS) and other air traffic management network functions. When the ATM IR takes effect on 2 January 2020 it will replace both Commission Implementing Regulations (EU) 1034/2011 and 1035/2011. The ATM IR is based on ATM-related ICAO Standards and Recommended Practices.
In addition, Regulation (EU) 482/2008 (Air Navigation Service Provider (ANSP) software assurance regulation) and certain elements of Regulation (EU) 677/2011 (Network Manager function) will be integrated into 2017/373 as Acceptable Means of Compliance (AMC) and Guidance Material (GM), with Regulation (EU) 482/2008 repealed as a consequence. EASA has recently launched Notice of Proposed Amendment 2017-10 ‘Software assurance level requirements for safety assessment of changes to air traffic management / air navigation services functional systems’ in order to begin this process.
As the regulation affects all UK ANSPs and their personnel, it is necessary for all involved in ANS provision to understand how it will affect them and the CAA’s plans for implementation.
The ATM IR consists of a ‘cover regulation’ and thirteen supporting Annexes (known as ‘Parts’):
This addresses basic principles of the regulation, its scope and the applicability of the thirteen supporting Annexes.
These definitions apply to all parts of the regulation. Annex I will be progressively amended through the incorporation of additional definitions arising from ongoing development of Parts ATS, AIS and ASD.
This establishes the requirements for the administration and management systems of the competent authorities responsible for certification, oversight and enforcement in respect of the requirements set out in Annexes III to XIII by those service providers within the scope of the Regulation. In the UK's case the competent authority is the CAA.
Annex III establishes the requirements to be met by the service providers within the scope of the Regulation. Service providers are required to ensure they are able to provide services in a safe, efficient, continuous and sustainable manner, consistent with any foreseen level of overall demand for a given airspace.
Part-ATS is an update of Commission Implementing Regulation (EU) 1035/2011 that introduces additional organisation requirements for providers of air traffic services concerning ATCO stress, fatigue, rostering and problematic use of psychoactive substances.
Meanwhile, Annex IV's technical requirements remain under development (see NPA 2016-09(A) and NPA 2016-09(B) 'Requirements for air traffic services'). The forthcoming content is derived from ICAO Annex 10 (Aeronautical Telecommunications), Annex 11 (Air Traffic Services) and Doc 4444 (PANS-ATM). Once adopted, the material will additionally amend Regulation (EU) 923/2012 (Standardised European Rules of the Air).
Annex V consists of additional organisation and technical requirements for providers of meteorological services, and is derived from ICAO Annex 3 (Meteorological Service for International Air Navigation).
Still under development (NPA 2016-02 'Technical requirements and operational procedures for aeronautical information services and aeronautical information management' refers), Part-AIS consists of additional organisation and technical requirements for providers of aeronautical information services. Content is derived from ICAO Annex 15 (Aeronautical Information Services). It will repeal Regulation 73/2010 (the aeronautical data quality regulation) and additionally amend Regulation (EU) 139/2014 (the aerodrome regulation).
Part-DAT provides additional organisation and technical requirements for commercial organisations providing aeronautical data services.
This Annex requires CNS service providers to ensure the availability, continuity, accuracy and integrity of their services, confirm the quality level of the services they are providing, and shall demonstrate that their equipment is regularly maintained and, where required, calibrated. Annex VIII compliance requirements are aligned to the Requirements of ICAO Annex 10.
Part-ATFM requires air traffic flow management providers to demonstrate continued compliance with Regulations (EU) 255/2010 (the air traffic flow management regulation) and (EU) 677/2011 as relevant to their services.
Under Part-ASM, airspace management providers are required to demonstrate continued compliance with Regulations (EC) 2150/2005 (the flexible use of airspace regulation) and (EU) 677/2011 as relevant to their services.
Still under development, this Part addresses requirements concerning airspace and flight procedure design. See NPA 2016-13 'Technical requirements and operating procedures for airspace design, including flight procedure design'.
Annex XII requires the EUROCONTROL Network Manager to demonstrate continued compliance with other EU legislation, in particular Regulation (EU) 255/2010 and 677/2011 as relevant to its services. EASA is the competent authority for the Network Manager.
The requirements to be met by the service provider with respect to the training and the competence assessment of Air Traffic Safety Electronics Personnel (ATSEP) are laid out in Part-PERS.
The regulation is supported by appropriate EASA AMC and GM published on 8 March 2017. EASA has recently published Easy Access Rules for ATM-ANS (Regulation (EU) 2017/373) - includes AMC/GM to Regulation 2017/373 and Certification Specifications for Airborne Communications, Navigation and Surveillance.
With the exception of Annex VII (Part-DAT), which takes effect on 1 January 2019, Regulation 2017/373 takes effect on 2 January 2020. Parts AIS, ATS and ASD remain under development – the current texts at Annex IV and VI will be updated in due course – and EASA Opinions on each are expected by the end of 2017. Effective dates for the new texts have yet to be proposed.
The Air Navigation Order 2016 will be amended in order to designate the CAA as the UK’s competent authority for the ATM IR. Development of Part-ATS will generate amendments to the Standardised European Rules of the Air, which may in turn require amendment of The Rules of the Air Regulations 2015 and/or the permissions and general exemptions that support both. The need for further UK legislative change has yet to be identified.
The CAA publishes a consolidation of the Air Navigation Order, the Rules of the Air regulations and other legislation in CAP393 Air Navigation: The Order and Regulations
In terms of non-legislative ATM regulatory material, it will be necessary for the CAA to review all of its ATM-related CAPs and amend these to reflect the ATM IR’s requirements.
The CAA will update its ATM IR web pages to reflect progress with both the rule’s development and the UK’s implementation of it. Industry will be notified of any such changes by means of ‘Skywise’ alerts (skywise.caa.co.uk).
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