Objective SRC-RLMK

ESSIP Plan 2013

Agnieszka DYBOWSKADSS/EIPR

13.09.2013

ESSIP Plan 2013 / Objective SRC-RLMK 2

Comprehensive Explanation

Scope/Applicability:

Applicable to civil & military REG, incl. NSAs → only REG/ MIL SLoAs

Encompasses ANS plus the related ATFM and ASM functions (full ATM/ANS)

Applicable Areas: 4 States: AM, AZ, TR, UA

ESSIP Plan 2013 / Objective SRC-RLMK 3

Comprehensive Explanation

REG01: Assess existing applicable regulations against ESARRs & address the differences identified – see list of reference regulations & supporting material in ESSIP Plan – Edition 2013;

For ALL EU States (EC regulations apply directly): ESARR1 and 6 are fully transposed through (EU) 1034/2011 and (EC) 482/2008 respectively; But States may

also have national IRs in place (references needed);

National regulations transposing Directives 2003/42/EC and 94/56/EC are sufficient to address the ESARR 2 areas covered in the 2 Directives;

(EU) 1033/2011 satisfactorily covers ESARRs 3 & 4 as regards providers of ATS/CNS primarily to GAT; ASM & ATFM, as well as the missing Risk Classification Scheme must be addressed through national regulations (CP to ask);

National regulations transposing Directive 2006/23/EC are sufficient to address ESARR 5 areas covered in that Directive; Those areas of Sections 5.1 and 5.2 not covered in the Directive should also be addressed through national regulations;

(EU) 1033/2011 satisfactorily covers a basic legislation for engineers & technical personnel undertaking operational safety related tasks; further national rules are necessary to cover at least Article 8 of (EC) 2096/2005 (Saf Reg of Eng & Tech Personnel) and Section 5.3.1 of ESARR5.

For ALL non-EU States (CH, NO, ECAA etc): FP to provide list of relevant national regulations and their references

ESSIP Plan 2013 / Objective SRC-RLMK 4

Comprehensive Explanation

2. REG02: Develop/publish regulation compliant with the amended ESARR1 (For ALL non-EU States LAs must give info on the relevant national law & regulation(s) transposing ESARR1, their references & language in which they are available)

3. REG03: Develop/publish regulation compliant with the amended amended ESARR2 ESARR2 (For all States, LAs to address references of new or modified regulations)

4. REG04: Develop/publish regulation compliant with ESARR3 (LAs to address evidences ref. application to ASM, ATFM)

4. REG05: Develop/publish regulation compliant with ESARR4 (LAs to address evidences ref. application to ASM, ATFM and ref. Risk Classification Scheme applied)

5. REG06: Develop/publish regulation compliant with ESARR5 for ATCOs

6. REG07: Develop/publish regulation compliant with ESARR5 for engineering & tech personnel undertaking ops safety-related tasks

7. REG08: Develop/publish regulation compliant with ESARR6;

8. REG09: Notify ICAO of any differences between applicable safety regulations & ICAO SARPs; LAs to address mapping between ICAO SARPs and applicable regulations transposing the ESARRs; and of formal notifications to ICAO

ESSIP Plan 2013 / Objective SRC-CHNG 5

What is new or has changed since LSSIP 2012

Minor changes in ESSIP Plan Edition 2013 (only modification of the numbers of Regulations applicable)

No link with European ATM Master Plan

ESSIP Plan 2013 / Objective SRC-RLMK 6

Supporting Material

All ESARRs and related Guidance Material All applicable EC legislation transposing ESARRs in accordance

with Article 4 of the Regulation No 550/2004

ESSIP Plan 2013 / Objective SRC-RLMK 7

ESSIP Report 2012

Two out of fours States reported Objective SRC-RLMK as Completed.

The remaining two States reported delays in implementation caused mainly by partial implementation of ESARRs.

Since last year’s report there has been no progress in the implementation of this Objective.

ESSIP Plan 2013 / Objective SRC-RLMK 8

Objective Coordinator’s Analysis, recommendations, tips & tricks

SRC-RLMK is about having the regulations & corresponding institutional arrangements in place, and NOT about if they are effectively implemented/ applied by the ATM/ANS providers;

CPs/FPs to be reminded that the completion of each SLoA is to be judged exclusively on the basis of promulgation of the relevant regulations and implementation of the necessary legal/institutional arrangements;

SRC-RLMK does not verify if the respective regulations are effectively implemented & applied at the level of the ANSPs (where applicable) or if there is corresponding oversight exercised by the NSA (that is done in the other 4 SRC objectives and in the SES Annual Report;

Request that REG/NSA specifies the legal references to the national implementing rules and other acts documenting their local arrangements which implement the ESARRs from the REG perspective.

ESSIP Plan 2013 / Objective SRC-CHNG 9

Links and contacts

Objective Coordinator: Dybowska A., +32 2 729 5152

agnieszka.dybowska@eurocontrol.int

DSS Objective Expert(s): Deboeck, M., +32 2 729 3812

Marc.DEBOECK@eurocontrol.int