EUROPEAN COMMISSION DIRECTORATE-GENERAL FOR MOBILITY AND TRANSPORT

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1 EUROPEAN COMMISSION DIRECTORATE-GENERAL FOR MOBILITY AND TRANSPORT DIRECTORATE E - Air Transport E.2 - Single sky & modernisation of air traffic control Brussels, 6 April 2011 MOVE E2/EMM D(2011) 1. TITLE Mandate to Eurocontrol to assist the European Commission in the development of an interoperability implementing rule on Performance Based Navigation (PBN). 2. PURPOSE OF THIS MANDATE Eurocontrol is mandated to develop a draft interoperability implementing rule on performance based navigation (PBN) that will define navigation requirements and identify the functionalities required in en-route and terminal airspace, including arrival and departure, and also approach. The rule shall address the implementation of ICAO Resolution A JUSTIFICATION Pursuant to Article 8(1) of the Single European Sky (SES) framework Regulation 1 the Commission issues mandates to Eurocontrol for the development of implementing rules. Article 3(1) of the interoperability Regulation 2 requires that implementing rules shall be drawn up whenever necessary to achieve the interoperability of the European Air Traffic Management network (EATMN). In order to achieve performance targets and operational needs in the European en-route and terminal airspace a need for improved navigation accuracy than currently applied and new functionalities has been identified. 1 2 Regulation (EC) N 549/2004, OJ L 96 of , p. 1 as amended by Regulation (EC) No 1070/2009, OJ L 300 of , p. 34. Regulation (EC) N 552/2004, OJ L 96 of , p. 26 as amended by Regulation (EC) No 1070/2009, OJ L 300 of , p. 34. Commission européenne, B-1049 Bruxelles / Europese Commissie, B-1049 Brussel - Belgium. Telephone: (32-2) Office: DM24 5/37. Telephone: direct line (32-2) Fax: (32-2)

2 4. BACKGROUND In order to achieve the interoperability of the EATMN, its systems and their constituents and associated procedures shall meet the essential requirements set out in Annex II of the interoperability Regulation, concerning: seamless operation; support for new concepts of operation; safety; civil-military coordination; environmental constraints; principles governing the logical architecture of systems; and principles governing the construction of systems. Concerning systems and procedures for navigation, the following specific requirement is laid down in Annex II, Part B, paragraph 5 of the interoperability Regulation: "Navigation systems shall be designed, built, maintained and operated using appropriate and validated procedures in such way as to achieve the required horizontal and vertical navigation performance, in particular in terms of accuracy and functional capability, for a given environment (surface, TMA, en-route), with known traffic characteristics and exploited under an agreed and validated operational concept." These general and specific requirements need to be accomplished by an implementing rule, which specifies the minimum navigation requirements and required functionalities as a part of the airspace concept to meet the navigation performance and contribute to achieve the performance targets. The development of the implementing rule shall take into account the development of safety regulatory requirements necessary for the safe and timely deployment of the PBN concepts. These requirements are partly already developed by the European Aviation Safety Agency (EASA), but shall be complemented in line with the competences of the Agency as defined by Regulation (EC) No. 216/2008 3, as well as Article 13a of the SES framework Regulation. Therefore the implementing rule shall be prepared in close co-operation and co-ordination with EASA. 3 Regulation (EC) No 216/2008 of the European Parliament and of the Council of 20 February 2008 on common rules in the field of civil aviation and establishing a European Aviation Safety Agency, and repealing Council Directive 91/670/EEC, Regulation (EC) No 1592/2002 and Directive 2004/36/EC (OJ L 79, , p. 1). Regulation as last amended by Regulation (EC) 1108/2009 of 21 October 2009 (OJ L 309, , p. 51). 2

3 5. SUBJECT OF THE MANDATE The approach taken by Eurocontrol in this area shall take into account the provisions of the SES regulations particularly of Article 3(1) of the interoperability Regulation. 5.1 General Eurocontrol is mandated to develop a draft implementing rule in conjunction with EASA that identifies: the objective and scope of the rule, within the overall goal to ensure harmonised and coordinated implementation of ICAO Assembly Resolution A37-11 within the EATM Network; the minimum navigation requirements associated with en-route and terminal airspace; the functionalities to be used in en-route and terminal airspace; and the implementation conditions. During development of the regulatory approach, Eurocontrol shall consider various regulatory alternatives with their advantages and disadvantages, particularly with respect to their capability to support current and foreseen ATM requirements. The proposed regulatory coverage shall be consistent with the SES strategic objectives, the European ATM Master Plan and the planned FAB developments. During the identification of functionalities to be used in en-route and terminal airspace, the following shall be considered: scalable required navigation performance (RNP); radius to fix (RF); fixed radius transition (FRT); reduced airspace holding; required time of arrival (RTA); vertical navigation path (VNAV Path); and tactical parallel offset. 5.2 Impact assessment Eurocontrol shall develop, as appropriate, impact assessments of the proposed solutions on e.g. Member States, ANSPs, airspace users, data providers and institutional bodies, in particular in the areas of safety, civil/military organisation, efficiency and economic aspects. An assessment of the costs and benefits of the proposed solutions for all stakeholders concerned shall be attached to the draft implementing rule. This assessment shall take into account the specific points in paragraphs 5.1 and 6. 3

4 5.3 Safety Assessments Safety assessments shall be subject to EASA validation prior to submission of the draft implementing rule to the Commission. 5.4 Consultation and Rulemaking Process Eurocontrol shall establish and apply a consultation process and take into account the opinions of civil and military stakeholders, including: relevant national authorities; air navigation services providers; relevant airspace users organisations; relevant international organisations (including NATO bodies); military airspace users; relevant social representatives; and industry representatives. The Eurocontrol consultation process shall ensure that the opinions of EASA stakeholders are taken into account. The 1st written consultation will aim at collecting views and opinions of stakeholders on the basis of the proposed regulatory approach. The comments of stakeholders collected during this stage will be analysed, in coordination with the Single Sky Committee, to define the most suitable approach for the next steps. The 2nd consultation process will be based on the 1st draft implementing rule and shall at minimum include the following: invite written comments from all stakeholders; evaluate and report on the comments made; and organise a public workshop to discuss the results. During the consultation process Eurocontrol shall be available for reasonable requests by EASA and individual stakeholders for meetings and discussions. 5.5 Material to be used Eurocontrol shall take into account and build further upon any relevant material available during the scheduled timetable, in particular: ICAO documents such as the Chicago Convention and its Annexes, guidance material and Assembly Resolution A37-11; EUROCAE specifications (ED documents); and Documents developed at FAB and national level. 4

5 6. SAFETY REGULATORY REQUIREMENTS In accordance to the Regulation EC 216/2008 as last amended by Regulation EC 1108/2009, EASA is responsible in relation to PBN (inter alia) to prepare the safety requirements for the following: - airworthiness certification of aircraft and its equipage; - operational approval of air operators; - airspace designers; - aeronautical information service providers and providers of aeronautical data; - air traffic service providers; - communication, navigation and surveillance service providers; and - aerodrome operators. It is to be noted that as a part of this safety regulatory framework, EASA has already issued several certification and operational requirements, transposing the related ICAO navigation specifications incorporating both safety and interoperability requirements. Article 6a of the interoperability Regulation foresees the possibility of using alternative procedures for the verification of compliance based on certificates issues by EASA. Thus, the development of the mandate shall be closely coordinated with EASA in order to ensure that the necessary EASA safety and interoperability measures may be implemented in timely manner thus facilitating the successful PBN deployment in Europe. 7. REPORTS AND DELIVERABLES Eurocontrol shall deliver an initial plan, a regulatory approach and a final report as follows. The initial plan will describe in detail the work programme, the proposed methodology and processes, the timing and planning of the project, including consultations and visits planned. Eurocontrol may propose additional or refined points (to be taken on board under Part 5) to the Commission for consideration in this mandate. The regulatory approach is a document outlining the headlines of the regulatory provisions and the key points of the impact assessment, in particular cost-benefit analysis. In this document different possible scenarios will be considered. The final report will contain the results achieved according to Part 5. Furthermore the report will briefly describe the current regulatory situation in the area covered by this mandate and the desired regulatory situation after full exploitation of the scope of this mandate. The main part of the final report will consist of the final draft of the implementing rule (and their respective justifications) to achieve the desired regulatory situation. 5

6 8. TIMETABLE The work shall start from the acceptance of the Mandate by Eurocontrol. Eurocontrol is requested to provide deliverables according to the nominal schedule below. The delivery schedule of the draft final reports and the final reports may be reviewed in agreement with the Commission on the basis of the results of the regulatory approach. Delivery date Deliverable Subject June 2011 February 2012 November 2012 May 2013 Initial plan Regulatory approach Draft final report including proposals for implementing rules Final report including draft implementing rules Presentation and agreement between Eurocontrol and the Commission of the initial plan. Definition of the most suitable approach after the 1 st written consultation of stakeholders. To be submitted to and discussed with the Commission. Update of the draft final report and the implementing rule, taking full account of the Commission s comments. Submission of draft implementing rule for further use to the Commission. 9. POINT OF CONTACT The point of contact within the European Commission for this mandate is: Mr Torsten JACOB DG MOVE, Unit E2 European Commission Phone Fax The initial plan (as described under Part 7) will be agreed with the point of contact. The point of contact will be kept updated on the progress of the work under this mandate. 6

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