COMMISSION IMPLEMENTING REGULATION (EU) 2024/403 of 30 January 2024 amending Implementing Regulation (EU) 2017/373 as regards the definition of SIGMET and certain requirements for special visual flight rules and air traffic control clearances

COMMISSION IMPLEMENTING REGULATION (EU) 2024/403

of 30 January 2024

amending Implementing Regulation (EU) 2017/373 as regards the definition of SIGMET and certain requirements for special visual flight rules and air traffic control clearances

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EU) 2018/1139 of the European Parliament and of the Council of 4 July 2018 on common rules in the field of civil aviation and establishing a European Union Aviation Safety Agency, and amending Regulations (EC) No 2111/2005, (EC) No 1008/2008, (EU) No 996/2010, (EU) No 376/2014 and Directives 2014/30/EU and 2014/53/EU of the European Parliament and of the Council, and repealing Regulations (EC) No 552/2004 and (EC) No 216/2008 of the European Parliament and of the Council and Council Regulation (EEC) No 3922/91 (1), and in particular Article 43(1) letter (a) thereof,

Whereas:

(1) Commission Implementing Regulation (EU) 2017/373 (2) lays down common requirements for providers of air traffic management/air navigation services (‘ATM/ANS’) and other air traffic management network functions (‘ATM network functions’) for general air traffic and their oversight.

(2) Commission Implementing Regulation (EU) No 923/2012 (3) lays down the common rules of the air and operational provisions regarding services and procedures in air navigation applicable to general air traffic (the so called ‘rules of the air’). Certain provisions of that Regulation relating to the provision of air traffic services have been amended by Commission Implementing Regulation (EU) 2024/404 (4).

(3) In order to ensure consistency, the corresponding provisions of Implementing Regulation (EU) 2017/373 should thus be amended. This concerns in particular certain definition on information related to significant meteorological conditions and certain provisions on clearances related to special Visual Flight Rules (‘VFR’).

(4) Implementing Regulation (EU) 2017/373 should therefore be amended accordingly.

(5) To ensure a smooth implementation of the measures introduced by this Regulation while keeping a high and uniform level of civil aviation safety in the Union, the industry and the competent authorities of the Мember States should be given sufficient time to adapt to the measures introduced by this Regulation. Therefore, this Regulation should apply 12 months after its entry into force.

Official Journal of the European Union

EN L series

2024/403 11.4.2024

ELI: http://data.europa.eu/eli/reg_impl/2024/403/oj 1/3

(1) OJ L 212, 22.8.2018, p. 1. (2) Commission Implementing Regulation (EU) 2017/373 of 1 March 2017 laying down common requirements for providers of air traffic

management/air navigation services and other air traffic management network functions and their oversight, repealing Regulation (EC) No 482/2008, Implementing Regulations (EU) No 1034/2011, (EU) No 1035/2011 and (EU) 2016/1377 and amending Regulation (EU) No 677/2011 (OJ L 62, 8.3.2017, p. 1).

(3) Commission Implementing Regulation (EU) No 923/2012 of 26 September 2012 laying down the common rules of the air and operational provisions regarding services and procedures in air navigation and amending Implementing Regulation (EU) No 1035/2011 and Regulations (EC) No 1265/2007, (EC) No 1794/2006, (EC) No 730/2006, (EC) No 1033/2006 and (EU) No 255/2010 (OJ L 281, 13.10.2012, p. 1).

(4) Commission Implementing Regulation (EU) 2024/404 of 30 January 2024 amending Implementing Regulation (EU) No 923/2012 as regards the updates of relevant ICAO provisions, the completion of the radio communication failure procedure and removing the supplement to the Annex to that Regulation (OJ L, 2024/404, 11.4.2024, ELI: http://data.europa.eu/eli/reg_impl/2024/404/oj).

(6) The European Union Aviation Safety Agency assisted the Commission in accordance with Article 75(2), points (b) and (c) and Article 76(1) of Regulation (EU) 2018/1139 and submitted to the Commission the related Opinion No 02/2023 on 18 August 2023.

(7) The measures provided for in this Regulation are in accordance with the opinion of the Committee for the application of common safety rules in the field of civil aviation established by Article 127 of Regulation (EU) 2018/1139,

HAS ADOPTED THIS REGULATION:

Article 1

Annexes I, IV and VI to Regulation (EU) 2017/373 are amended in accordance with the Annex to this Regulation.

Article 2

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 1 May 2025.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 30 January 2024.

For the Commission The President

Ursula VON DER LEYEN

EN OJ L, 11.4.2024

2/3 ELI: http://data.europa.eu/eli/reg_impl/2024/403/oj

ANNEX

Annexes I, IV and VI to Regulation (EU) 2017/373 are amended as follows:

(1) in Annex I, point (93) is replaced by the following:

‘(93) “SIGMET” means information issued by a meteorological watch office concerning the occurrence or expected occurrence of specified en-route weather and other phenomena in the atmosphere which may affect the safety of aircraft operations and of the development of those phenomena in time and space;’;

(2) in Annex IV, subpart B, point ATS.TR.270 is amended as follows:

(a) the introductory phrase of point (a) is replaced by the following:

‘Special VFR flights may be authorised to operate within a control zone, subject to an ATC clearance. Except when otherwise permitted by the competent authority for helicopters in special cases such as, but not limited to, police, medical, search and rescue operations and firefighting flights, the following additional conditions shall apply:’;

(b) point (a)(3) is replaced by the following:

‘(3) An air traffic control unit shall not issue a special VFR clearance to aircraft to take off or land at an aerodrome within a control zone, or enter the aerodrome traffic circuit within a control zone, when the reported meteorological conditions at that aerodrome are below the following minima:

(i) the ground visibility is less than 1 500 m or, for helicopters, less than 800 m;

(ii) the ceiling is less than 180 m (600 ft).’;

(3) in Annex VI, subpart B, point AIS.TR.330 NOTAM, point (f) is replaced by the following:

‘(f) Information concerning snow, slush, ice, frost, standing water or water associated with snow, slush, ice or frost on the movement area shall be disseminated by means of SNOWTAM and shall contain the information in the order shown in the SNOWTAM format of Appendix 3.’.

OJ L, 11.4.2024 EN

ELI: http://data.europa.eu/eli/reg_impl/2024/403/oj 3/3