Commission Implementing Regulation (EU) 2020/469 of 14 February 2020 amending Regulation (EU) No 923/2012, Regulation (EU) No 139/2014 and Regulation (EU) 2017/373 as regards requirements for air traffic management/air navigation services, design of airspace structures and data quality, runway safety and repealing Regulation (EC) No 73/2010 (Text with EEA relevance)

1 Without prejudice to paragraph 2, Member States shall ensure that the VHF emergency frequency (121.500 MHz) is only used for emergency purposes specified in point SERA.14095(d) of the Annex.

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 SERA.14095(d) of the Annex, if those are limited to what is necessary to achieve their aim and in order to reduce the impact upon aircraft in distress or emergency and on the operations of air traffic services units.’;

Annex III to Regulation (EU) No 139/2014 is amended in accordance with Annex II to this Regulation.

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.’;

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.

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.

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.

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.’;

Regulation (EU) No 73/2010 is repealed with effect from 27 January 2022.

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union. It shall apply from 27 January 2022. The following points of this Regulation shall apply from 5 November 2020: In Annex I, point 10(b); In Annex III: point 5; in point 6: Appendix 3 ‘SNOWTAM FORMAT’.