2.2 ANSP Certification, Designation & Cross-Border ANS Provision

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2 Engineering & Tech. Staff Applies for LVL. Responsibility for the military Engineering & Tech. Staff is with MAA. Access ASPs accounts Under the Accountancy Act, the General Account Office is the designated governmental Authority to have access to each of the accounts of the service providers. In providing this function as an SA, IVW uses economic expertise from DGLM who has such an expertise being responsible for the governance of LVL as a corporatised public entity. /A for the Military idem idem Economic oversight /A for the Military idem Interoperability /A for the Military idem Additional information: IVW now encompasses within its responsibilities the on-going oversight of ASPs on the basis of the (EC) 2096/2005 and review/acceptance of changes on the basis of (EC) 1315/2007. one 2.2 ASP Certification, Designation & Cross-Border AS Provision Certification All certified ASPs in the etherlands are presented below: ame of the ASP Services for which it has been Certified ATS AFIS AIS CS MET Date of Certif. Valid until Derogation Granted Conditions Attached Air Traffic Control The etherlands (LVL, Luchtverkeersleiding ederland ) 14/03/07 Unlimited (*) Maastricht UAC 08/11/06 Unlimited KMI 21/02/07 Unlimited Meteo Consult 10/08/07 Unlimited (*) LVL will, as from the EC set date, fully meet the new version of the requirements concerning the risk classification scheme which is currently under development, as meant in Annex 2, article of the Common requirements regulation. ame of the ASP Type of Derogations granted /A one Designation The status of designation of ATS and MET Providers in the etherlands is presented below: State authority responsible for Designation Ministry of Transport, Public Works and Water Management (MoT) Aviation Act Type of Service ame of the Service Provider / Airspace under its responsibility Date of Desig. Valid until Conditions attached ATS Air Traffic Control The etherlands (LVL, Luchtverkeersleiding ederland ), as designated in Chapter 5 of the Aviation Act (Wet luchtvaart) - amendment dated 27 September 2007, published in State Journal 2007, 405. LVL provides ATS up to FL /09/07 unlimited LCIP the etherlands Chapter 2-2 Released Issue

3 ATS MET Maastricht UAC, as designated in the Aviation Act and the Maastricht Agreement between the 4 participating States and EUROCOTROL. MUAC provides ATS above FL245. KMI: designated by the Act for the Royal etherlands Meteorological Institute (Wet op het KMI), date 27 September 2007, State Journal 2007, /09/07 unlimited 18/09/07 unlimited The State/ASP received an offer of services from another certified ASP having its principal place of operation in another Member State: The Aviation Act contains the designation of LVL and MUAC. The Act for the Royal etherlands Meteorological Institute contains the designation of KMI Arrangements for Cross-Border AS provision The following two tables present the cross-border provision of Air avigation Services involving the etherlands, both for ATS and, separately, for other AS, as foreseen in particular by the Service Provision Regulation in Preamble (13) Cross-Border provision of ATS ATS Services Area(s) Agreement with the State concerned on the supervision of the provided TO: 1 ATSP(s): Germany MASKIRCHE A and VAALS A German part of Maastricht CTA. RK B SOEB APSI The airspace within Hannover UIR serviced by Maastricht UAC: ARPE area between FL245 and FL660 and ABGUS High area between FL285 and FL660 The airspace within Hannover UIR serviced by Maastricht UAC: ABGUS Low area between FL245 and FL285 Other German airspace blocks serviced by Maastricht UAC Ref Maastricht agreement United Kingdom Belgium MOLIX GODOS orth Sea Area V The BE airspace serviced by Maastricht UAC (see AIP Belgium) By exchange of letters Denmark The DK airspace serviced by Maastricht UAC: GREFI area on an ad-hoc basis between FL245 and FL660 ALSIE area and MIC area between FL245 and FL660 1 ATS Services provided TO: the coordinates of the ATS Services provided TO -areas are described in the Ministerial Decree for ATS by foreign providers (Regeling aanwijzing gebieden voor luchtverkeersdienstverlening door buitenlandse instanties 2005), last amended in ovember 2007 (State newspaper 2007, 225) LCIP the etherlands Chapter 2-3 Released Issue

4 Luxembourg France The LU airspace serviced by Maastricht UAC (see AIP Luxembourg) Cross-border ATS provided by MUAC in French airspace at the border with Belgium (see AIP France) ATS Services provided FROM: 2 Area(s) Agreement with the State concerned on the supervision of the ATSP(s): Germany Emden block clearance area Treaty iederrhein, dated 29 April 2003, Trb. nr. 85, 2003, State Journal 421, 2006 iederrhein CTR ROMI VELO Area 1 and 2 ARKO WORMS orth WORMS South Airway L179 BITBU area, KOSIT area, WARBURG area and OMKA area between FL245 and FL660; SCHWERI South High area and RISOK High area between FL285 and FL660 KEMAD area between FL245 and FL295 RISOK Low area and SCHWERI South Low between FL245 and FL285 Belgium Maastricht ROMI TRA oord B Maastricht TMA 1 (excl. ROMI, WORMS north, WORMS south) Maastricht TMA 2 (excl. ROMI, WORMS north, WORMS south) Kleine Brogel Coordination Area Kleine Brogel CTR 2 SASKI A L179 Area SASKI A Area Maastricht Area Maastricht TMA 1 and TMA 2 excluding ROMI area, Worms orth and Worms South area (Belgocontrol) Airspace above Zeeland (Belgian Defence) 2 ATS Services provided FROM: the coordinates of the ATS Service provided FROM -areas are described in the Ministerial Decree for ATS by LVL in foreign countries (Regeling belasten LVL met luchtverkeersdienstverlening), last amended ovember 2007 (State newspaper 2007, 225) LCIP the etherlands Chapter 2-4 Released Issue

5 Parts of Amsterdam FIR (Belgian Defence): to straighten the common boundary Parts of Amsterdam FIR (Belgian Defence); for the extension of the Control Zone (CTR) of EBBL (EBBL CTR 2) and in the Kleine Brogel Vectoring Area Denmark Cross-border ATS provided by Danish ATSP in L airspace (area published in AIP etherlands) France SORAL area between FL245 and FL660 PIOT area between FL245 and FL660 United Kingdom REFSO A REFSO B Exchange of letters SASKIA B SASKIA C The amendment of the Ministerial Decrees, see footnotes inserted to the 2 tables in Cross-Border provision of other AS Cross-Border provision of other AS than ATS 2.3 Ongoing Compliance ame of the SA: (Part of) the Transport and Water Management Inspectorate (IVW, Inspectie Verkeer en Waterstaat ) The SA has produced an Inspection Programme (as per Art. 7 of SP-IR-CR): Further to the certification of the ASPs, the SA has verified compliance with the Common Requirements in the following areas since the last Annual Report: Organisational Structure and Management For LVL: compliance was verified during the primary certification process (ovember 2006). Safety Management System For LVL: compliance was verified during the primary For MUAC: acceptance of the safety arguments for the Type 1 changes that have a relation with the safety management system and an audit external services as part of SMS is performed during December Operation Manuals For LVL: compliance was verified during the primary certification process (ovember 2006). During 2008 acceptance of the safety arguments (including the operation manuals) for the Type 1 changes are verified. Security Management System For LVL: compliance was verified during the primary certification process (ovember 2006). LCIP the etherlands Chapter 2-5 Released Issue

6 Policies for Recruitment and Training of Personnel For LVL: compliance was verified during the primary During December 2008 an audit was performed on the EU Directive 2006/23/EC of 5 April 2006, specifically on Article 13 Certification of Training Providers. certification process (ovember 2006). Financial Audits For LVL: compliance was verified during the primary certification process (ovember 2006). Liability and Insurance Cover For LVL: compliance was verified during the primary certification process (ovember 2006). Contingency Plans For LVL and for MUAC: contingency planning audits where performed during September and ovember Set up of a Quality Management System For LVL: compliance was verified during the primary certification process (ovember 2006). Production of a Business Plan and an Annual Plan (including demonstration of economic and financial capacity): For LVL: an audit was performed on 12 December For MUAC, the document review was completed during December Provision of an Annual Report: For LVL (document available at Jaarverslag% pdf) 2.4 Consultation of stakeholders The State has implemented a formal consultation mechanism for the involvement of stakeholders in SES implementation: Since the last Annual Report, the following stakeholders have been consulted on the following topics: ASPs Systematic consultation takes place between the ASP s, IVW, KMI and the Ministry of Defence via regular SES Coordination Meetings (SESCO) and by correspondence and informal consultation. During preparatory meetings which precede the Single Sky Committee meetings Airports Regular SESAR L meetings In preparation of SESAR meetings Airspace Users Representative Orgs. Regular SESAR L meetings and by correspondence and informal consultation. In preparation of SESAR meetings Professional staff representative bodies Regular formalised staff meetings within LVL. Manufacturing industry Same as for the airports Same as above Military Same as for the ASPs. The ASP s, IVW and Ministry of Defence are consulted via regular SES Coordination Meetings (SESCO) and by correspondence and informal consultation. Same as above Other LCIP the etherlands Chapter 2-6 Released Issue

7 2.5 ATCO Licensing Transposition of SP-D-ATCO Amendment of the Aviation Act in order to implement Directive 2006/23/EC on a Community air traffic controller License (OJ L114); the Aviation Act was amended in April 2008 (State Journal 2008, 130). The national transposition entered into force on 28 May 2008 (Royal Decree May 2008, State Journal 2008, 175). Secondary legislation: Amendment of Royal Decree certificates of competence for aviation and Royal Decree alcohol investigations (May 2008, State Journal 2008, 176). Ministerial Decree certification of training centres and approval training plans air traffic control and aeronautical information services (State newspaper 2008, 98). Communication to the EC of the national provisions enforced to comply with SP-D- ATCO Certified ATCO training providers (as per Art. 10): Date and references of the correspondence: 29 May 2008: ME(2008)53049 T, ME(2008)53050 T; ME(2008)53040 T, ME(2008)53048 T. ot yet; Applications have been received; Furthermore, the L and BE SAs and Eurocontrol ASRO have agreed to cooperate in the certification and supervisory activities. Provisions of Art. 8 on Linguistic Requirements implemented: Aside from the two articles specified above, progress of implementation of SP-D-ATCO: Applied in practice, not compulsory until 17 May 2010 For MUAC: Concrete implementation is pending, as the 4 States SA Committee have proposed to the Directors General of the 4 States that the Belgian Civil Aviation Authority acts as Licensing Authority in respect of the air traffic controllers of Maastricht UAC by issuing the licenses and endorsements as well as ensuring certification of the related ATC Unit Training and unit competency scheme in accordance with the Belgian legislation, i.e. the Royal Decree of 9 May 2008 Koninklijk Besluit tot regeling van de vergunningen van luchtverkeersleider Arrêté Royal réglementant les licences de contrôleur de la circulation aérienne. The Luxembourg authorities would take the responsibility as Licensing Issuing Authority in respect of ATC Initial training and related Student Controller licensing, as undertaken by the Luxembourg Institute of Air avigation Services (IAS) in accordance with the national legislation of Luxembourg. See the explanations above. 2.6 Airspace Full implementation of the Airspace Regulation in the State foreseen for: 18/09/07 Implementation Act approved by Parliament Application of the airspace regulation to airspace under the responsibility of the State outside the ICAO EUR or AFI regions: ot applicable to the etherlands Current division flight level between upper and lower airspace: FL245 Intention to apply division flight level 285 The four States: Belgium, Germany, Luxembourg and the etherlands agreed to apply flight level 245, as set in the Maastricht Agreement. MUAC operates above flight level 245. The initial operational justification is still valid today. LCIP the etherlands Chapter 2-7 Released Issue

8 The State has implemented airspace classification and access of flights operated under VFR above FL 195: The State has introduced additional rules with respect to access or operation of VFR flights above FL 195: There have been requests for TSA(s) (or equivalent) for GAT flying under VFR, as encompassed within the rules governing access for GAT VFR flights within this airspace: Between FL 195 and FL 280 FL 285 and above one 2.7 FABs FAB initiative: FAB Europe Central Launched in: 2006 States involved: Belgium, France, Germany, Luxemburg, the etherlands and Switzerland (and also United Kingdom as a cooperative partner) Feasibility: Start: 2006 End: Q Progress: The Feasibility Study Report was delivered in June 2008 Civil and military authorities of the States Belgium, France, Germany, Luxembourg, the etherlands and Switzerland have successfully finished a detailed feasibility study with the goal to create a functional airspace block (FAB). On 18 ovember 2008 the States signed a Declaration of Intent in Bordeaux. An institutional framework for FABEC in a State Agreement is planned to be signed in The 7 major ASP s designated in these States (AA, Belgocontrol, DFS, DSA, LVL, Skyguide and UAC Maastricht) signed on the same date a framework agreement which enforces cooperation of ASP s immediately. The FABEC initiative will handle 50% increase in air traffic volume by 2018 at the same high level of safety, delays will be kept low and the emissions per flight will be reduced whilst improving the military mission effectiveness. A first major step proposed is the redesign of internal FABEC cross border-areas scheduled to be completed by the end of 2011 and implemented by The implementation phase has been launched among the air navigation service providers and the State authorities, starting with further development of operational and technical components leading to implementation. Definition: Start: End: Progress: TBD Detailed work plan to be approved by project decision bodies in spring Development: Start: End: Progress: TBD o additional information available yet. Implementation Phase 1: Start: End: Progress: TBD o additional information available yet. There is a formal agreement between the States involved on the supervision of the ASP(s) providing services in this FAB: There is an agreement in principle concerning the joint designation of the ATSPs within the FAB: previous Annual Report (AR): Additional information: LCIP the etherlands Chapter 2-8 Released Issue

9 2.8 Interoperability SA s responsibilities ame of the SA: (Part of) the Transport and Water Management Inspectorate (IVW, Inspectie Verkeer en Waterstaat ) The SA has defined and allocated tasks and responsibilities in accordance with the IO-R: The SA has developed Process Descriptions defining the supervision of compliance as defined in the IO-R: These: - Address the definition of systems subject to verification according to AEX I: To this purpose, a SMART Team (Safety Management And Review Team) was established and operates within the SA since August SMART operates according to their procedures developed in accordance with the relevant SES legislation. - Specify the scope of the verification of the material provided by the ASP: Same as above. - Define how to proceed in case of conformity: Same as above. - Define how to proceed in case of nonconformity: Same as above. - Define templates (e.g. for the declaration): Templates of ASPs are used. These were developed with input from the SA otified Bodies o notified bodies have yet been appointed by The etherlands. ame Area of Responsibility Date of notification to the EC ID number obtained from the EC Have the ASP(s) requested their services since the last AR? Verification of Compliance This section covers the status of compliance of the State with regards to the IO-R and the associated Implementing Rules in place Regulation (EC) o 552/2004 on Interoperability umber of EC Declarations of verifications of systems put into service after the 20 th of October 2005 issued until : 4 Here are some examples of EC declaration of verification of systems issued by the L-certified ASPs: ASP: Maastricht UAC System Backup Voice Communications System (B-VCS) Type of system Type no. 4 (COM) Decl. Date 20/05/08 The B-VCS provides both radio and telephone backup functionality for the existing primary Voice Communication System. ASP: Maastricht UAC System ew Flight Data Processing System (-FDPS) Type of system Type no. 3 (ATS-FDPS) Decl. Date 12/12/08 ASP: LVL System D-ATIS Type of system Type no. 4 (COM) Decl. Date 10/12/08 D-ATIS provides terminal FIS messages to pilots via data-link. Pilots can read the information on a display in the cockpit and use it as required by the respective flight operation. ASP LVL ILS 06 Rotterdam Type no. 5 (AV) 08/12/08 LCIP the etherlands Chapter 2-9 Released Issue

10 umber of EC Declarations of conformity or suitability for use of constituents 3 issued until : 3 Manufacturer SITTI (IT) Constituent Manufacturer IDRA (ES) Constituent Manufacturer IDRA (ES) Constituent Backup Voice Communications System (B-VCS) Air Traffic Servicesflight data processing (FDPS- PRI) Flight Data Operator Human/ Machine Interface (FDO-HMI) Decl. date 14/03/08 Decl. date Decl. date 12/12/08 04/12/08 The SA(s) ascertained non-compliance cases from the above EC Declarations, leading to safeguard measures. If yes, Communicated to the Commission /A System/Constituent /A Date and Ref of the Communication Regulation (EC) o 1032/2006 on Coordination and Transfer Has the ASP(s) implemented the processes related to notification and initial coordination between ACCs in compliance with this Regulation? Art. 3.1 (IO-IR-COTR) Partial implementation is completed. Further planning for full implementation is co-ordinated in a dedicated FABEC Task Force.. for MUAC. MUAC FDPS system fully supports these processes. Implemented between MUAC and all adjacent ACCs. Has the ASP(s) implemented any of the following processes between ATC units other than ACCs in compliance with this Regulation? otification LVL: between EHAM and EBBB, EDDL, EDDW, EKCH, EGLL and ED (between Amsterdam and Brussels, Bremen, Langen, Copenhagen, London and UAC Maastricht) ); /A to MUAC. Initial Coordination LVL: Between EHAM and EDBB, EDDL, EDDW, EKCH, EGLL and ED (between Amsterdam and Brussels, Bremen, Langen, Copenhagen, London and UAC Maastricht); /A to MUAC. Revision of Coordination LVL: Implementation is subject to co-ordination in a dedicated FABEC Task Force; /A to MUAC. Abrogation of Coordination LVL: Implementation is subject to co-ordination in a dedicated FABEC Task Force; /A to MUAC. Basic Flight Data LVL: between EHAM and EHMC (ATCC ieuw Milligen); /A to MUAC. Change to Basic Flight Data Between EHAM and EHMC (ATCC ieuw Milligen); /A to MUAC. Has the ASP(s) implemented any of the following optional processes in compliance with this Regulation? Pre-Departure notification and coordination o plans. Partial for MUAC. MUAC FDPS system fully supports this process. Currently implemented only between DFS CC-UM (LIPPE) and Bremen ACC. Further implementations between civil units are being coordinated in the FABEC OLDI TF. o firm plans yet. 3 ote: As defined in Article 2.19 (F-R), constituents means tangible objects such as hardware and intangible objects such as software upon which the interoperability of the EATM depends. These shall be determined by IRs for interoperability, as per Art. 3.c and Annex III (IO-R). LCIP the etherlands Chapter 2-10 Released Issue

11 Change of frequency o plans. Partial for MUAC. MUAC FDPS system fully supports this process. Currently not implemented with any external unit. The implementation plan is being coordinated in the FABEC OLDI TF. o firm plans yet. Manual assumption of COM processes o plans. Partial for MUAC. MUAC FDPS system fully supports this process. Currently not implemented with any external unit. The implementation plan is being coordinated in the FABEC OLDI TF. o firm plans yet. Has the ASP(s) implemented the civil-military flight data processes between their systems and these of controlling military units? Has the ASP used the EUROCOTROL Specification for On-Line Data Interchange (OLDI) as means to achieve compliance with the Regulation? Has the ASP used the EUROCOTROL Specification for ATS Data Exchange Presentation (ADEXP) as means to achieve compliance with the Regulation? Basic Flight Data Change to Basic Flight Data As regards MUAC: Except for coordination with military units. Equivalent messages (CPL/CHG/CL and CAT150) are used for coordination between MUAC and military partners. DFS CCUM (LIPPE) is collocated with MUAC and is using the same FDPS system Regulation (EC) o 633/2007 on flight message transfer protocol Has the ASP(s) implemented the flight message transfer protocol in compliance with this Regulation? Has the ASP used the EUROCOTROL Specification for the Flight Message Transfer Protocol as means to achieve compliance with the Regulation? Implementation planning is co-ordinated in a FABEC Task Force. As regards MUAC: The FMTP function will be implemented in the operational systems 2Q2009 and the migration from FDE ICD Part 1 to FMTP will be paced according the available partners. It is foreseen to establish FMTP connections with DFS, Belgocontrol and LVL in the course of Other partners will only be ready 2010 and later Regulation (EC) o 1033/2006 on procedures for flight plans in pre-flight phase Has the SA verified the compliance of the ASP(s) with this Regulation? Has the State taken any measures to ensure the compliance of the Operators with this Regulation? o plans yet. Has the State taken any measures to ensure the compliance of the IFPS with this Regulation? o plans yet. Has the ASP used the EUROCOTROL Specification for the Initial Flight Plan as means to achieve compliance with the Regulation? Flightplan System will be compliant to Eurocontrol Specification for Initial Flight Plan and will be taken into account within future design of flight plan systems. LCIP the etherlands Chapter 2-11 Released Issue

12 Has the ASP used the EUROCOTROL Specification for ATS Data Exchange Presentation (ADEXP) as means to achieve compliance with the Regulation? Flightplan System will be compliant to Eurocontrol Specification for Initial Flight Plan and will be taken into account within future design of flight plan systems Regulation (EC) o 1265/2007 on air-ground voice channel spacing Is the ASP(s) in compliance with this Regulation? MUAC is compliant with this regulation. This IR does not apply to LVL as it only provides ATC below FL195. Has the State communicated to the EC any exceptional circumstances preventing ASPs to comply with Art 3.3? Has the State communicated to the EC the lists of State aircraft that will not be equipped with 8.33 khz radios, in order to benefit from the transitional arrangements? Has the State taken any measures to ensure the compliance of the Operators with this Regulation? Has the State ascertained non-compliances with this regulation leading to corrective measures? ational regulations are adapted to the IR and AICs are issued. 2.9 Air avigation Charging Charging zones En-route Charging Zone(s) En-route Charging Zone(s) r Description etherlands 1 Amsterdam Flight Information Region Terminal Charging Zone(s) Terminal Charging Zone(s) r Description Group of airports 1 All airports where ATC is provided by LVL: Amsterdam Airport Schiphol, Rotterdam Airport, Groningen Airport Eelde, Maastricht Aachen Airport Decision by the State to: Additional Information otified to the EC Date of corresponden ce Defer the application of Articles 9 and 11 to15 for terminal Exempt AS provided at Airports with less than Commercial Movements per year from the application of the Regulation 19 Dec 2007 Exempt AS provided at Airports with less than Commercial Movements per year from the application of Art. 11 and 13 of the Regulation Publication of final assessment As of 1 st January 2008, all airports controlled by LVL (Amsterdam Airport Schiphol, Rotterdam Airport, Groningen Airport Eelde, Maastricht Aachen Airport) have been put together into one single group of airports. A terminal charging zone has been established, comprising the airports of this group. A single cost base and a single unit rate are also applicable to this terminal charging zone. LCIP the etherlands Chapter 2-12 Released Issue

13 2.9.2 Appeal/Review Procedure Description of the review / appeal procedure for the decisions taken pursuant to the Charging Regulation The Algemene Wet Bestuursrecht (Administrative Law) contains a standard appeal procedure, which is also to be applied for decisions taken pursuant to the Charging Regulation Enforcement measures for the collection of air navigation charges Enforcement measures applied for the collection of air navigation charges Enforcement measures are under preparation: A bill, amending the Aviation Act, is drafted to tackle a number of issues as a result of the entry into force of Regulation 1794/2006, These issues are: Enforced recovery measures to secure payment of the charges by the users; The introduction of the principle of exemptions of terminal charges for certain kinds of flights and; Provisions on a system of (dis-)incentives. LCIP the etherlands Chapter 2-13 Released Issue