Opinion No 03/2024 Implementation of the regulatory needs in support of the SESAR deployment | Introduction of ACAS Xa for operations and PBN specifications for oceanic operations in the single European sky (SES)

European Union Aviation Safety Agency

Opinion No 03/2024 in accordance with Article 76(1) of Regulation (EU) 2018/1139

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Implementation of the regulatory needs in support of the SESAR deployment

Introduction of ACAS Xa for operations and PBN specifications for oceanic operations in the single European sky (SES)

RMT.0682 (SUBTASK 1)

EXECUTIVE SUMMARY

This Opinion proposes regulatory amendments pertaining to two different subject matters in support of operations in the single European sky (SES): the use of Airborne Collision Avoidance System (ACAS) Xa and the harmonised use of performance-based navigation (PBN) specifications for oceanic and remote continental operations.

The proposed amendments introducing the use on a voluntary basis of ACAS Xa within the SES, based on the transposition of related ICAO Standards and Recommended Practices (SARPs), are expected to increase safety, and to improve harmonisation.

The proposed amendments on PBN would allow the use in the SES of ICAO RNAV 10 and RNP 4 navigation specifications, which have been specifically designed to support operations in en-route oceanic and remote continental airspace. The use of RNAV 10 and RNP 4 instead of RNAV 5, which is the only specification recognised for use in SES, is expected to preserve the required level of safety through more stringent aircraft requirements against the loss of the navigation function (continuity failure). In this regard, the proposed amendments would keep the aircraft performance compatible with the air traffic services (ATS) and communication, navigation, and surveillance (CNS) services available in such airspace.

REGULATION(S) TO BE AMENDED

— Regulation (EU) No 1332/2011 (ACAS)

— Regulation (EU) 2017/373 (ATM/ANS)

— Regulation (EU) 2018/1048 (PBN)

AFFECTED STAKEHOLDERS

Providers of ATM/ANS (ANSPs); aircraft operators; aircraft and system/equipment manufacturers; national authorities, EASA.

WORKING METHODS

Development Impact assessment(s) Consultation

ACAS Xa: By EASA with external

support

PBN: By EASA

ACAS Xa: Detailed

PBN: Light

NPA — Public

RELATED DOCUMENTS / INFORMATION

— ToR RMT.0682, issued on 10.12.2019

— NPA 2023-04, issued 26.5.2023

— CRD 2023-04 (A)

PLANNING MILESTONES: Refer to the latest edition of EPAS Volume II.

European Union Aviation Safety Agency Opinion No 03/2024

Table of contents

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Table of contents

1. About this Opinion .................................................................................................. 3

1.1. How this regulatory material was developed .................................................................... 3

1.2. The next steps .................................................................................................................... 4

1.2.1. ACAS .................................................................................................................................. 5

1.2.2. PBN .................................................................................................................................... 5

2. In summary — why and what .................................................................................. 7

2.1. Why we need to act............................................................................................................ 7

2.1.1. Enable the use of ACAS Xa in the SES and update the regulatory framework to align it with the latest ICAO Annex 10 Volume IV Amendment 91 changes ............................ 7

2.1.2. Changes to PBN airspace usage requirements ................................................................. 8

2.2. What we want to achieve — objectives ............................................................................. 9

2.2.1. Enabling the use of ACAS Xa in SES airspace ..................................................................... 9

2.2.2. Changes to PBN airspace usage requirements ................................................................. 9

2.3. How we want to achieve it — overview of the proposed amendments ........................... 9

2.3.1. Enabling the use of ACAS Xa avionics in SES airspace ....................................................... 9

2.3.2. Changes to PBN airspace usage requirements ............................................................... 10

2.4. What are the stakeholders’ views .................................................................................... 11

2.4.1. Enabling the use of ACAS Xa in the SES airspace and other ACAS-related changes ....... 11

2.4.2. Changes to PBN airspace usage requirements ............................................................... 11

2.4.3. MAB’s advice for ACAS and PBN proposed amendments ............................................... 12

3. What are the expected benefits and drawbacks of the regulatory material ............ 13

3.1. Enabling the use of ACAS Xa in the SES airspace .............................................................. 13

3.2. Changes to PBN airspace usage requirements ................................................................. 13

4. Proposed regulatory material ................................................................................ 14

5. Proposed actions to support implementation ........................................................ 15

6. References............................................................................................................. 16

6.1. Related EU regulations ..................................................................................................... 16

6.2. Related EASA decisions .................................................................................................... 16

6.3. Other reference documents ............................................................................................. 16

European Union Aviation Safety Agency Opinion No 03/2024

1. About this Opinion

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1. About this Opinion

1.1. How this regulatory material was developed

The European Union Aviation Safety Agency (EASA) developed this NPA in line with Regulation (EU)

2018/11391 (the ‘Basic Regulation’)1 and the Rulemaking Procedure2. Rulemaking Task (RMT).0682 is

included in the 2024 edition of Volume II of the European Plan for Aviation Safety (EPAS)3. Its Subtask

1 concerns the development of regulatory material to:

— permit the operation of aeroplanes equipped with either airborne collision avoidance system

(ACAS) II collision avoidance logic version 7.1 or ACAS Xa; and

— address identified PBN operational issues.

The amendments related to the introduction of new technologies for ACAS have been developed by

EASA in conjunction with the Federal Aviation Administration (FAA) and with the support of

Eurocontrol subject matter experts.

The amendments to the PBN regulatory requirements have been developed by EASA, on the basis of

the analysis of relevant data provided by ENAIRE and the Network Manager.

The draft regulatory material was publicly consulted in accordance with the ToR for this RMT via Notice

of Proposed Amendment (NPA) 2023-044. The regulatory material proposed to be amended by this

NPA is summarised in the figure below.

1 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 (OJ L 212, 22.8.2018, p. 1) (http://data.europa.eu/eli/reg/2018/1139/oj).

2 EASA is bound to follow a structured rulemaking process as required by Article 115(1) of Regulation (EU) 2018/1139. Such a process has been adopted by the EASA Management Board (MB) and is referred to as the ‘Rulemaking Procedure’. See MB Decision No 01-2022 of 2 May 2022 on the procedure to be applied by EASA for the issuing of opinions, certification specifications and other detailed specifications, acceptable means of compliance and guidance material ('Rulemaking Procedure'), and repealing Management Board Decision No 18-2015 (EASA MB Decision No 01-2022 on the Rulemaking Procedure, repealing MB Decision 18-2015 (by written procedure) | EASA (europa.eu)).

3 European Plan for Aviation Safety (EPAS) 2024 - 13th edition | EASA (europa.eu) 4 NPA 2023-04 - Introduction of ACAS Xa for operations in the single European sky (SES) airspace & PBN specifications for

oceanic operations | EASA (europa.eu)

European Union Aviation Safety Agency Opinion No 03/2024

1. About this Opinion

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EASA reviewed the comments received on both ACAS and PBN topics and duly considered them for

the preparation of the regulatory material that is presented here.

In accordance with Article 6(9) of Management Board Decision 01-2022, in February 2024 advice from

the MAB on the regulatory material proposed with this Opinion was sought, indicating a substantial

agreement as detailed in Section 2.4.3.

The draft regulations included in this Opinion, proposing amendments to the EU regulations regarding

ACAS (Regulation (EU) No 1332/2011)5, Common requirement for ATM/ANS providers (Regulation

(EU) 2017/373)6 and PBN (Regulation (EU) 2018/1048)7, are published in the Official Publication of

EASA8. For information, EASA published the draft AMC and GM which are intended to be issued to

support the application of the Regulations proposed in this Opinion.

Together with this Opinion, EASA published Comment-Response Document (CRD) 2023-04 (A)9 which

provides EASA’s feedback on the PBN-related comments.

1.2. The next steps

This Opinion is submitted to the European Commission which, based on the Opinion’s content shall

decide whether to adopt the proposed draft regulations proposed in the Opinion.

5 Commission Regulation (EU) No 1332/2011 of 16 September 2011 laying down common airspace usage

requirements and operating procedures for airborne collision avoidance (OJ L 336 20.12.2011, p. 20) (http://data.europa.eu/eli/reg/2011/1332/oj).

6 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) (http://data.europa.eu/eli/reg_impl/2017/373/oj).

7 Commission Implementing Regulation (EU) 2018/1048 of 18 July 2018 laying down airspace usage requirements and operating procedures concerning performance-based navigation (OJ L 189, 26.7.2018, p. 3) (http://data.europa.eu/eli/reg_impl/2018/1048/oj).

8 http://easa.europa.eu/document-library/opinions 9 https://www.easa.europa.eu/en/document-library/comment-response-documents/crd-2023-04a

European Union Aviation Safety Agency Opinion No 03/2024

1. About this Opinion

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In parallel with the European Commission adoption process, EASA will continue working on the

development of the associated draft acceptable means of compliance (AMC), guidance material (GM)

and certification specifications (CSs). EASA will adapt the draft AMC and GM to the potential changes

that may be introduced in the final text of the subject EU regulations during the aforementioned

process.

1.2.1. ACAS

Together with this Opinion and for information only, EASA publishes the draft amendments to AMC

and GM related to Regulation (EU) No 1332/2011, which may be subject to potential modifications as

appropriate, e.g. to ensure alignment with the final text of the amending regulation.

In addition to the amendment to implementing rules and the AMC and GM to Regulation (EU)

No 1332/2011, NPA 2023-04 included proposals for consequential amendments to the GM to

Regulation (EU) No 965/201210, AMC 20, CS-ACNS and CS-ETSO, as shown in the figure provided in

Section 1.1.

EASA will ensure alignment of the resulting decisions with the final text of the amending regulation

where applicable. To summarise, the following decisions are planned to be issued following the

publication of the amending regulation by the European Commission:

— Decisions containing amendments to the AMC and GM to Regulation (EU) No 1332/2011 and

respectively the GM to Regulation (EU) No 965/2012.

— Decisions containing amendments to AMC 20, CS-ACNS and CS-ETSO.

When issuing these decisions with a dedicated CRD, EASA will also provide feedback to the

commentators and information to the public on who engaged in the process and/or provided

comments on the draft AMC, GM, AMC-20, CS-ACNS, and CS-ETSO during the consultation, how such

engagement and/or consultation was used in rulemaking, and how the comments were considered.

Note: Although the processing of the AMC 20, CS-ACNS and CS-ETSO proposed amendments may be

accomplished independent from the adoption and issuance of the amendments to Regulation (EU) No

1332/2011 and Regulation (EU) 2017/373, EASA is considering issuing such Decisions together with

the decisions on AMC and GM to Regulation (EU) No 1332/2011 and GM to Regulation (EU) No

965/2012, to ensure regulatory consistency.

1.2.2. PBN

In order to improve the common understanding of Regulation (EU) 2018/1048 (the ‘PBN IR’), EASA

has prepared draft amendments to the GM on common airspace usage requirements and operating

procedures concerning PBN. This material is published together with this Opinion for information only,

and may be subject to potential modifications, e.g. to ensure alignment with the final text of the

amending regulation.

Following the adoption and issuance of the amendment to the PBN IR, EASA will issue a decision with

the related GM to support the regulation application. When issuing the decision, EASA will also provide

10 Commission Regulation (EU) No 965/2012 of 5 October 2012 laying down technical requirements and administrative

procedures related to air operations pursuant to Regulation (EC) No 216/2008 of the European Parliament and of the Council (OJ L 296 25.10.2012, p. 1) (http://data.europa.eu/eli/reg/2012/965/oj).

European Union Aviation Safety Agency Opinion No 03/2024

1. About this Opinion

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a link to the aforementioned CRD, which lists the comments received on the proposed GM during the

public consultation, as well as how the comments were considered.

European Union Aviation Safety Agency Opinion No 03/2024

2. In summary — why and what

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2. In summary — why and what

This Opinion includes proposed amendments to the regulatory framework related to two separate

topics: the use of ACAS Xa in the SES airspace (Regulation (EU) No 1332/2011 and Regulation (EU)

2017/373), and the harmonised use of oceanic PBN navigation specifications in the SES airspace

(Regulation (EU) 2018/1048). Hence, this Opinion has been structured accordingly.

2.1. Why we need to act

2.1.1. Enable the use of ACAS Xa in the SES and update the regulatory framework to align it with

the latest ICAO Annex 10 Volume IV Amendment 91 changes

Enabling the use of ACAS Xa in the SES

Amendment 91 to the International Standards and Recommended Practices, Aeronautical

Telecommunications — Surveillance and Collision Avoidance Systems (Annex 10, Volume IV to the

Convention on International Civil Aviation) introduced the airborne collision avoidance system Xa

(ACAS Xa) and its specific variation ACAS Xo. ACAS Xa was introduced as an alternate to the TCAS II

collision avoidance logic version 7.1 (TCAS II version 7.1).

As the EU regulatory framework is already referring to ACAS II with a collision avoidance logic version

7.1, and since ACAS Xa was validated for operation in the SES, there is a need to adapt the EU

regulatory framework to align it with the ICAO SARPs to enable the use of ACAS Xa in the SES airspace

for both European and third-country operators. The use of ACAS Xo has not been yet assessed in the

SES airspace and therefore, for the time being, is not subject to regulatory action.

The following airspace usage requirements enable the ACAS use in the SES airspace:

— Commission Regulation (EU) No 1332/2011: Article 3 ‘Airborne collision avoidance system’ and

its Annex (Part-ACAS) currently allow only the use of ACAS II collision avoidance logic version

7.1 (ACAS II version 7.1). This regulation should be amended to enable the use of ACAS Xa.

The following air operations requirements refer to airspace usage requirements:

— Commission Regulation (EU) No 965/2012 (the ‘Air OPS Regulation’): points CAT.IDE.A.155,

NCC.IDE.A.140 and SPO.IDE.A.131 refer to the airspace requirements defined in Commission

Regulation (EU) No 1332/2011;

— Commission Regulation (EU) No 452/201411: point TCO.205 states that when undertaking

operations within the airspace above the territory to which the Treaty applies, third-country

operators shall equip their aircraft with and operate such navigation, communication and

surveillance equipment as required in that airspace. Within SES airspace, the relevant applicable

rule for this purpose is Commission Regulation (EU) No 1332/2011.

Unless Commission Regulation (EU) No 1332/2011 is amended, aircraft of European and third-country

operators equipped with ACAS Xa will not be permitted to access and operate within the SES airspace.

11 Commission Regulation (EU) No 452/2014 of 29 April 2014 laying down technical requirements and administrative

procedures related to air operations of third country operators pursuant to Regulation (EC) No 216/2008 of the European Parliament and of the Council (OJ L 133 6.5.2014, p. 12) (http://data.europa.eu/eli/reg/2014/452/oj).

European Union Aviation Safety Agency Opinion No 03/2024

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Update Commission Regulation (EU) 2017/373 to align with ICAO Annex 10 Volume IV up to

Amendment 91

Point CNS.TR.100(d) of Commission Regulation (EU) 2017/373 stipulates the requirements for CNS

providers and refers to ICAO Annex 10 Volume IV on surveillance radar and collision avoidance

systems in its 4th edition of July 2007, including all amendments up to and including No 89.

Such reference needs however to be updated and synchronised with the latest ICAO amendments, as

Amendments 90 and 91 to ICAO Annex 10 Volume IV have since been published.

Updating other ACAS-related documentation

To support and reflect the use of ACAS Xa in the SES airspace and to provide AMC and GM consistent

with the amended regulation as well as with the subsequent revision of CS-ACNS, the relevant AMC

and GM to Regulation (EU) No 1332/2011 need to be updated.

2.1.2. Changes to PBN airspace usage requirements

The PBN IR requires the deployment of PBN approach procedures, standard instrument departure

routes (SIDs), standard instrument arrival routes (STARs), and ATS routes for the en-route phase of

flight. Such PBN routes and approach procedures are to be implemented in the SES by providers of air

traffic management/air navigation services (ATM/ANS) and aerodrome operators.

As discussed with Member States at meeting 1-2021 of the ATM/ANS TeB, EASA agreed to evaluate

potential amendments to the PBN IR in response to the following issues:

Point AUR.PBN.2005(6) of the Annex to the PBN IR requires the implementation of ATS routes in

accordance with the requirements of the RNAV 5 specification for all SES en-route operations. The

RNAV 5 specification was developed to support operations in continental airspace; however, SES also

has oceanic airspace. In this regard, it was drawn to EASA’s attention that, for instance, in the vicinity

of the Canary Islands, there is an oceanic sector where there are some ATS routes already designed in

accordance with the RNAV 10 specification. Unlike RNAV 5, RNAV 10 was developed to support the

implementation of routes in oceanic (and remote continental) airspace; however, the existing routes

are not compliant with the PBN IR, thus forcing the service provider to implement routes based on an

ICAO specification that was not designed for oceanic applications.

Point AUR.PBN.2005(5) of the Annex to the PBN IR prescribes the use of the RNP 1 specification

together with some additional navigation functionalities. In particular, the use of, at least, one of the

functionalities listed in point AUR.PBN.2005(5) was made mandatory, which could be incompatible

with the required operations. However, a minor correction would allow the use of such functionalities

only where necessary, i.e. subject to local needs instead of mandatory implementation.

As for Article 5 of the PBN IR, alignment with Regulation (EU) 2021/223712 is necessary. This Regulation

became applicable on 30 October 2022 to amend the Air OPS Regulation; in particular, it deletes points

(13) to (16) of Annex I to the Air OPS Regulation, which contained the definitions for CAT I, CAT II, CAT

IIIA, and CAT IIIB. Regulation (EU) 2021/2237 replaced these definitions with point (120e), which is

consistent with the new ICAO approach classification and no longer differentiates between CAT IIIA

12 Commission Implementing Regulation (EU) 2021/2237 of 15 December 2021 amending Regulation (EU) No 965/2012 as

regards the requirements for all-weather operations and for flight crew training and checking (OJ L 450, 16.12.2021, p. 21) (http://data.europa.eu/eli/reg_impl/2021/2237/oj).

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and CAT IIIB operations, but refers to CAT III operations instead. If Article 5 is not amended in line with

the amendments made to the Air OPS Regulation, the PBN IR would point at definitions of Category

III operations that no longer exist, thus adding to confusion.

2.2. What we want to achieve — objectives

The overall objectives of the EASA system are defined in Article 1 of the Basic Regulation. The

regulatory material presented here is expected to contribute to achieving these overall objectives by

addressing the issues described in Section 2.1. The specific objectives are detailed in Sections 2.2.1

and 2.2.2.

2.2.1. Enabling the use of ACAS Xa in SES airspace

The objectives of this proposal are to:

— support harmonisation of the EU regulatory framework with ICAO SARPs and with other regions

(i.e. USA);

— to enable the safe use of ACAS Xa in the SES airspace and thus to prevent inappropriate

limitations for ACAS Xa-equipped aircraft to the access to the SES airspace;

— reflect the state of the art and best industry practices by updating the relevant documentation.

2.2.2. Changes to PBN airspace usage requirements

The objectives of the proposal are to:

— avoid a potential safety regression linked to the mandatory use of the RNAV 5 specification in

airspace other than continental airspace;

— harmonise the use of ICAO navigation specifications that were specifically designed to support

operations in oceanic and remote continental airspace; and

— promote the use of the radius to fix (RF) functionality and/or altitude constraints together with

RNP 1 SID and STAR only where necessary.

2.3. How we want to achieve it — overview of the proposed amendments

2.3.1. Enabling the use of ACAS Xa avionics in SES airspace

To achieve the objectives set in Sections 2.2 and 2.2.1 above, amendments to Regulation (EU)

No 1332/2011 and Regulation (EU) 2017/373 are proposed as follows:

Commission Regulation (EU) No 1332/2011:

— The definition of ACAS II in Article 2 has been revised to specify that ACAS Xa and TCAS II with a

collision avoidance logic version 7. 1 (TCAS II version 7.1) are both considered ACAS II.

— Point AUR.ACAS.1005(1) has been modified to specify only ACAS II, which, considering the

additional details in the ACAS II definition, will allow operators equipped with a TCAS II version

7.1 or an ACAS Xa to comply with the ACAS equipage requirement.

— Point AUR.ACAS.1005(2) has been modified to expand the ACAS II voluntarily equipage

requirement to include TCAS II version 7.1 and ACAS Xa.

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Note: Point AUR.ACAS.1005(3) remains unchanged.

Commission Regulation (EU) 2017/373:

— Point CNR.TR.100(d) has been modified to synchronise the reference to Annex 10 Volume IV

with the latest Amendment 91, relevant for the ACAS Xa introduction and to correct the edition

number of the ICAO Annex 10 Volume IV.

The proposed ACAS regulatory material (draft amending regulation) is published as Annex I to this

Opinion.

The targeted applicability of the regulatory material is 2024, as soon as the amending regulation can

be published. EASA considers that no transition period is necessary, as the proposal just enables ACAS

Xa-equipped aircraft access to the SES airspace as an alternate to TCAS II version 7.1 equipage.

2.3.2. Changes to PBN airspace usage requirements

To achieve the objectives set in Sections 2.2 and 2.2.2 above, amendments to the PBN IR are proposed

to:

— permit the use of the ICAO RNAV 10 or RNP 4 navigation specifications in oceanic and remote

continental airspace13;

— remove the obligations that impose the use of the RF functionality or altitude constraints

together with RNP 1 SID and STAR, so that the design of the routes is consistent with the local

performance and operational needs; and

— ensure alignment with the current definition of CAT III operations, as per the Air OPS Regulation.

At the moment, some EASA Member States make use of the RNAV 10 specification in the SES, so the

proposal eliminates any impact on the existing routes, which can remain unchanged without making

any investments.

The proposed amendments clarify that, regardless of the type of airspace (continental, oceanic or

remote continental), helicopters’ routes are still allowed to use suitable RNP or RNAV specifications,

namely RNAV 1, RNP 1, or RNP 0.3.

The targeted applicability of the regulatory material is 2024, as soon as the amending regulation can

be published; in should be noted that no transition period is considered necessary due to the lack of

impact on the existing routes.

Article 44(1)(a) of the Basic Regulation empowers the Commission to adopt implementing acts laying

down detailed rules as regards the use of airspace and airspace structures, including operating

procedures concerning PBN.

The proposed PBN regulatory material (draft amending regulation) is published separately, as Annex

II to this Opinion.

13 ICAO Document 9613 Performance-based Navigation (PBN) Manual, Fifth Edition – 2023

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2.4. What are the stakeholders’ views

2.4.1. Enabling the use of ACAS Xa in the SES airspace and other ACAS-related changes

There were 315 comments received on the ACAS topic in the various sections of the NPA; however,

there were no comments on the proposed amendments to the implementing rules (i.e. Regulation

(EU) No 1332/2011 and Regulation (EU) 2017/373). Nonetheless, some comments received on the

supporting AMC and GM may be considered relevant for the proposed amendment to Regulation (EU)

No 1332/2011; as such they are summarised below.

A comment indicated that clarity as to what constitutes an ACAS II is needed. A similar comment was

received during the internal review of the regulatory text, coupled with the recommendation to

update the ACAS II definition provided in the Regulation (EU) No 1332/2011. As a result, in the

proposed regulatory text for the Regulation (EU) No 1332/2011, the definition of ACAS II is updated

to explicitly refer to TCAS II version 7.1 and ACAS Xa. Furthermore, aligned with the main intent of this

rulemaking task, point AUR.ACAS.1005(2) has been modified to clearly indicate the ACAS II equipment

allowed (i.e. TCAS II version 7.1 or ACAS Xa) in case of voluntary ACAS II equipage.

A comment referred to the introduction and use of ACAS Xo within the SES airspace which can be

useful in certain operational scenarios, e.g. to avoid unnecessary TCAS resolution advisories (RAs)

during the independent parallel approaches such as at Madrid-Brajas (LEMD) airport. It should be

noted that ACAS Xo has not been assessed with regard to operations in the EU; nonetheless, its

assessment will be planned in accordance with the EPAS, as necessary.

A comment requested an ACAS Xa forward-fit mandate. The main benefit of ACAS Xa is that it offers

operational advantages (optimising the RAs leading to an improved regularity of flight and increasing

the ATM efficiency). However, the safety benefit obtained through upgrading from TCAS II version 7.1

to ACAS Xa together with the improved ATM efficiency were not proven to justify an ACAS Xa forward-

fit mandate. Therefore, it is proposed that the choice would be for the operator to opt for equipage

with either ACAS Xa or TCAS II version 7.1.

The CRD file with the ACAS comments and responses will be provided along with the Decisions, as

specified in Section 1.2.1. and will include EASA’s feedback on the individual comments received, as

well as a summary of stakeholders’ comments, explaining how they have been taken into account.

2.4.2. Changes to PBN airspace usage requirements

Very few comments on the proposed amendments to the Regulation were received, and none of them

expressed disagreement with the proposed amendments to the PBN IR, as per NPA 2023-04.

However, one of them requested additional clarity to ensure that helicopters will be allowed to use

suitable RNP or RNAV specifications on the continental shelf. This is aligned with the intent of the NPA,

and EASA has introduced an addition to the text proposed in point (8) of AUR.PBN.2005 Routes and

procedures. This addition makes clear that point (8), which introduces RNP 4 and RNAV 10 in oceanic

and remote continental airspace, will apply without prejudice to point (7), which already allows to use

RNP 0.3, RNAV 1 or RNP 1 specifications for rotorcraft operations in any kind of airspace.

There were several comments on issues that were not addressed by NPA 2023-04 (i.e. outside the

scope), which are controversial in nature. These comments also proposed some amendments, which

would require an impact assessment and consultation through a new NPA; they address:

European Union Aviation Safety Agency Opinion No 03/2024

2. In summary — why and what

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— the restrictions that stem from Article 5 of the Regulation;

— a fundamental change to Article 3 of the Regulation.

With respect to the comments on Article 5, EASA agrees with most of the concerns expressed, as they

are consistent with the information gathered during the ongoing monitoring and implementation

support activities. For this reason, EASA intends to use up-to-date data to perform an impact

assessment of the restrictions imposed by Article 5, thus evaluating the feasibility and suitability of

the related regulatory objectives, in particular, the use of PBN instead of conventional navigation

procedures as of 6 June 2030. The introduction of a dedicated rulemaking task in the EPAS will be

subject to further consideration and coordination.

EASA disagrees with the proposals expressed in the comments that proposed an amendment to Article

3. These comments are related to environmental concerns, primarily associated with noise in the

vicinity of aerodromes. They result from recital (7) of the Regulation, which was not translated into

proper regulatory provisions when the Regulation was adopted in 2018. The implementation of recital

(7) would require fundamental discussions that were also outside the scope of NPA 2023-04. In

particular, the proposal to amend Article 3 seeks to allow the application of alternative regulatory

requirements in specific situations, which are not properly described in the amending proposal.

Therefore, EASA considers that the proposal is ambiguous and, more importantly, it could undermine

the mandate to harmonise PBN implementation.

As explained before, EASA has published a CRD, which addresses PBN and complements the

information provided above. The CRD includes EASA’s feedback on the individual comments received,

as well as a summary of stakeholders’ comments, explaining how they have been taken into account.

The CRD also provides the comments received on the proposed amendments to the GM on PBN. The

analysis of the comments resulted in changes to the amendments initially proposed, which have been

published as draft amendments to the GM on common airspace usage requirements and operating

procedures concerning PBN (for information only).

2.4.3. MAB’s advice for ACAS and PBN proposed amendments

In accordance with Article 6 (9) of MB Decision 1-2022, MAB advice was sought on the draft Opinion.

No divergent views have been expressed with regard to the regulatory proposals contained in this

Opinion.

European Union Aviation Safety Agency Opinion No 03/2024

3. Expected benefits and drawbacks of the proposed regulatory material

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3. What are the expected benefits and drawbacks of the regulatory material

3.1. Enabling the use of ACAS Xa in the SES airspace

Technology is continuously developing and thus certification requirements need to evolve to ensure

that equipment installed on aircraft meets the latest and safest standards and benefit from the most

advanced solutions.

Benefits of the current proposal:

— It enables access of the aircraft equipped with the ACAS Xa, as an alternative to TCAS II version

7.1, to the SES airspace.

— It increases at some extent safety, although mostly operational benefits are derived, by

optimising the overall number of RAs, thus improving regularity of flight and increasing ATM

efficiency.

The overall improvement from an upgrade from TCAS II version 7.1 to ACAS Xa was not sufficiently

proven to justify a mandate; it is envisaged that operators should have the choice to either opt for

equipage with ACAS Xa or continue using TCAS II version 7.1.

The proposed amendments to the ACAS II equipage requirements are of a non-controversial nature.

While the use of ACAS Xa in the SES airspace brings an overall benefit, there is a limited cost incurred

by operators and air navigation services providers (ANSPs). If the proposal allowing continued

operation of aircraft equipped with either TCAS II version 7.1 or ACAS Xa is considered acceptable, the

drawback is limited to some additional cost primarily for ANSPs to accommodate the aircraft equipped

with ACAS Xa as well as some cost on the Network Manager to update the monitoring system, as

detailed in Sections 4.2.7 and 4.2.8. respectively, of the impact assessment included in NPA 2023-04.

3.2. Changes to PBN airspace usage requirements

The implications of the mandatory use of RNAV 5 in oceanic airspace were described in a simplified

impact assessment, which was commensurate with the consequences of the change and included in

Appendix 1 to NPA 2023-04. This assessment recommended that the PBN IR should be amended to

permit the use of oceanic specifications for the sake of safety.

The existing oceanic routes in the SES airspace have already been designed as RNAV 10 (RNP 10)

routes, hence they can remain published and unchanged. Therefore, the proposal will:

— keep consistency between aircraft performance requirements (the PBN specification) and the

navigational performance required for the intended operations;

— result in no economic impacts, whereas the legitimate use of RNAV 10 (or RNP 4 for future

routes) will maintain the required level of safety in operations along oceanic routes.

Other changes proposed are, in general, expected to improve clarity and, in particular, preserve

flexibility and coherence of SID/STAR route design with operational needs, if based on the RNP 1

specification.

The proposed amendments to the PBN airspace usage requirements are of a non-controversial nature,

have a negligible impact on operations, and affect a limited volume of the SES airspace. No drawbacks

are expected to result from the proposed changes.

European Union Aviation Safety Agency Opinion No 03/2024

4. Proposed regulatory material

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An agency of the European Union

4. Proposed regulatory material

The proposed amendments to the implementing regulations are provided in the two annexes as

follows:

— Annex I which consists of a draft Commission Implementing Regulation including proposed

amendments to:

— Commission Regulation (EU) No 1332/2011 as regards common airspace requirements

and operating procedures for airborne collision avoidance; and

— Commission Regulation (EU) 2017/373 as regards common requirements for providers of

air traffic management/air navigation services and other air traffic management network

functions and their oversight;

— Annex II which consists of a draft Commission Implementing Regulation including proposed

amendments to the PBN IR as regards the use of PBN specifications for oceanic operations.

European Union Aviation Safety Agency Opinion No 03/2024

5. Proposed actions to support implementation

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5. Proposed actions to support implementation

With regard to ACAS Xa, EASA intends to:

— monitor the implementation in coordination with Network Manager and propose the required

mitigating actions to any identified issues in coordination with the European Commission as

required;

— consider safety promotion activities pertaining to the introduction of the ACAS Xa equipage;

— provide support to stakeholders implementing ACAS Xa and to stakeholders making use of the

additional information provided by ACAS Xa.

With regard to PBN:

In 2021, EASA commenced ongoing monitoring and support to implementation activities in relation to

the PBN IR. This project will remain active until the implementation of all the required ATS routes and

approach procedures (required by 6 June 2030). EASA intends to:

— review and analyse the PBN transition plans to verify consistency with the regulatory

requirements;

— monitor and report on the status of the implementation, in consistency with the regulatory

deadlines and the PBN transition plans;

— monitor aircraft capabilities to perform PBN operations;

— monitor implementation issues, and maintain close coordination with Network Manager and

the European Commission for the definition of supporting actions, as required;

— provide support to stakeholders implementing the PBN IR.

European Union Aviation Safety Agency Opinion No 03/2024

6. References

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An agency of the European Union

6. References

6.1. Related EU regulations

— Commission Regulation (EU) No 965/2012 of 5 October 2012 laying down technical

requirements and administrative procedures related to air operations pursuant to Regulation

(EC) No 216/2008 of the European Parliament and of the Council (OJ L 296 25.10.2012, p. 1)

— Commission Regulation (EU) No 452/2014 of 29 April 2014 laying down technical

requirements and administrative procedures related to air operations of third country

operators pursuant to Regulation (EC) No 216/2008 of the European Parliament and of the

Council (OJ L 133 6.5.2014, p. 12)

6.2. Related EASA decisions

— ED Decision 2018/013/R of 21 November 2018 issuing Acceptable Means of Compliance and

Guidance Material to Commission Regulation (EU) No 1332/2011 and Commission

Implementing Regulation (EU) 2018/1048 and repealing Decision 2012/002/R of the Executive

Director of the Agency of 8 March 2012 — Acceptable Means of Compliance and Guidance

Material on common airspace usage requirements and operating procedures ‘AMC & GM to

AUR’

— ED Decision 2012/018/R of 24th October 2012 on Acceptable Means of Compliance and

Guidance Material to Commission Regulation (EU) No 965/2012 of 5 October 2012 laying

down technical requirements and administrative procedures related to air operations

pursuant to Regulation (EC) No 216/2008 of the European Parliament and of the Council —

Acceptable Means of Compliance and Guidance Material to Part-CAT

— ED Decision 2013/021/R of 23 August 2013 on adopting Acceptable Means of Compliance and

Guidance Material for Non-commercial operations with complex motor-powered aircraft

(Part-NCC)

— ED Decision 2014/018/R of 24 April 2014 adopting Acceptable Means of Compliance and

Guidance Material to Part-SPO of Regulation (EU) No 965/2012 ‘AMC and GM to Part-SPO’

— ED Decision 2011/001/R of 23 March 2011 Amending Decision 2003/12/RM on The Executive

Director of The Agency of 05 November 2003 on General Acceptable Means of Compliance

for Airworthiness of Products, Parts and Appliances « AMC-20 »

— ED Decision 2013/031/R of 17 December 2013 on Certification Specifications and Acceptable

Means of Compliance for Airborne Communications, Navigation and Surveillance ‘CS-ACNS –

Initial Issue’

— ED Decision 2003/010/RM of 24 October 2003 on Certification specifications, including

airworthiness codes and acceptable means of compliance, for European Technical Standard

Orders ‘CS-ETSO/Initial Issue’

6.3. Other reference documents

— ICAO Annex 10 Aeronautical Telecommunications — Volume IV Surveillance and Collision

Avoidance Systems, Amendment 91

European Union Aviation Safety Agency Opinion No 03/2024

6. References

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An agency of the European Union

— ICAO Document 9871 Technical Provisions for Mode S Services and Extended Squitter Edition

2 (data formats for transponder registers)

— ICAO Document 8168-OPS/611 Procedures for Air Navigation Services — Volume I Flight

Procedures

— ICAO Document Doc 4444-RAC/501 Procedures for Air Navigation Service, Air Traffic

Management

— ICAO Document 9613 Performance-based Navigation (PBN) Manual, Fifth Edition – 2023

— ED-73E Minimum Operational Performance Specification for Secondary Surveillance Radar

Mode S Transponders, May 2011

— ED-73F MOPS for Secondary Surveillance Radar Mode S Transponders, December 2020

— ED-143 Minimum Operational Performance Standards for Traffic Alert and Collision Avoidance

System II (TCAS II) version 7.1

— ED-221A Minimum Performance Standards (MOPS) for Traffic Alert and Collision Avoidance

System II (TCAS II) Hybrid Surveillance, December 2015

— ED-224 MASPS for Flight Guidance System (FGS) coupled to Traffic Alert and Collision

Avoidance System (TCAS), March 2014

— EUROCAE ED-256A MOPS for ACAS Xa with ACAS Xo functionality, June 2023

European Union Aviation Safety Agency Appendix 1 to Opinion 03/2024 – Draft AMC & GM

(RMT.0682)

Page 1 of 3

Draft Acceptable Means of Compliance and Guidance Material to

Commission Regulation (EU) 1332/2011

RMT.0682 (SUBTASK1)

Important note:

This file is published for information purposes only. No quality control has been performed

yet. Further changes may occur for further alignment of draft AMC and GM with the

corresponding draft implementing rules in the course of the adoption process.

European Union Aviation Safety Agency Appendix 1 to Opinion 03/2024 – Draft AMC & GM

(RMT.0682)

Page 2 of 3

This AMC & GM to Commission Implementing Regulation (EU) 1332/2011 document (Annex to ED

Decision 202X/XXX/R) shows deleted text, new or amended text as follows:

The amendment(s) is (are) arranged as follows to show deleted, new, and unchanged:

— deleted text is struck through;

— new or amended text is highlighted in blue;

— an ellipsis ‘[…]’ indicates that the rest of the text remains unchanged.

Annex I to ED Decision 2018/013/R of the Executive Director of the Agency of 21 November 2018 is

amended as follows:

AMC1 AUR.ACAS.1005 Performance requirement

Aircraft operators that are subject to Commission Regulation 1332/2011 should ensure that their

aircraft are equipped with:

(a) a TCAS II collision avoidance logic version 7.1 (TCAS II version 7.1)

TCAS II version 7.1 installations certified in accordance with AMC 20-15, or installations certified

in accordance with CS-ACNS Subpart D — Surveillance (SUR), Section 5 – Airborne Collision

Avoidance System, are both considered acceptable; or

(b) an ACAS Xa

ACAS Xa installations certified in accordance with CS-ACNS Subpart D — Surveillance (SUR),

Section 5 – Airborne Collision Avoidance System, are considered acceptable.

Aircraft installations of third-country operators (TCOs) that operate within the single European sky

airspace, should comply with standards referred to in points (a) or (b) or their equivalent, as

applicable.

AMC1 AUR.ACAS.1010 ACAS II operational procedures and training

The ACAS II operational procedures and training programmes established by the operator should take

into account the guidance material contained in:

(a) ICAO PANS-OPS1, Volume 1 Flight Procedures, Attachment A (ACAS Training Guidelines for

Pilots) and Attachment B (ACAS High Vertical Rate Encounters) to Part III, Section 3, Chapter 3

Volume 3 Aircraft Operating Procedures, Attachment A (ACAS training guidelines for pilots) and

Attachment B (ACAS high vertical rate (HVR) encounters), Section 4, Chapter 3; and

(b) ICAO PANS-ATM2 Chapters 12 and 15, in regard to ACAS phraseology and applicable procedures.

CommissionSERA.11014 ACAS resolution advisory (RA) for applicable procedures and Appendix

European Union Aviation Safety Agency Appendix 1 to Opinion 03/2024 – Draft AMC & GM

(RMT.0682)

Page 3 of 3

1 to AMC1 SERA.14001 General for phraseology, as per the Annex to Regulation (EU) No

923/2012.

1 ICAO Doc 8168-OPS/611 - PANS-OPS (Procedures for Air Navigation Services-Aircraft Operations),

Volume I - Flight Procedures — Fifth edition amendment 4 Volume 3 Aircraft Operating Procedures –

First edition amendment 2.

2 ICAO Doc 4444-ATM/501 - PANS-ATM (Procedures for Air Navigation Services-Air Traffic

Management) Fifteenth edition amendment 3.

GM1 AUR.ACAS.1010 operational procedures and training Additional information on procedures and training for ACAS can be found in ICAO PANS-ATM1 Chapter 15.

1 ICAO Doc 4444 PANS-ATM (Procedures for Air Navigation Services-Air Traffic Management) Sixteenth

Edition, Amendment 11.

EN EN

EUROPEAN COMMISSION

Brussels, XXX

[…] (2024) XXX draft

Annex II to EASA Opinion No 03/2024

COMMISSION IMPLEMENTING REGULATION (EU) …/...

of XXX

amending Implementing Regulation (EU) 2018/1048 as regards the use of performance-

based navigation specifications for oceanic operations

EN 1 EN

COMMISSION IMPLEMENTING REGULATION (EU) …/...

of XXX

amending Implementing Regulation (EU) 2018/1048 as regards the use of performance-

based navigation specifications for oceanic operations

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 216/2008 and

(EC) No 552/2004 of the European Parliament and of the Council and Council Regulation

(EEC) No 3922/91 (1), and in particular Article 44(1)(a) thereof,

Whereas:

(1) Implementing Regulation (EU) 2018/1048 (2) of 18 July 2018 lays down airspace usage

requirements and operating procedures concerning performance-based navigation (PBN).

(2) Regulation (EU) 2018/1048 requires the implementation of air traffic services (ATS)

routes in accordance with the requirements of the RNAV 5 specification for all single

European sky (SES) en route operations.

(3) The RNAV 5 specification was developed to support operations in continental airspace.

The specification requirements for the loss of the aircraft’s navigation function are not

compatible with operations in oceanic or remote continental en route airspace, so the use

of such specification could result in potential safety regression.

(4) Both RNAV 10 and RNP 4 are navigation specifications that were specifically designed

by the International Civil Aviation Organization (ICAO) to support en route operations

in oceanic and remote continental airspace, which is also part of the SES; therefore, they

can ensure consistency between the aircraft performance requirements (the PBN

specification) and the navigational performance required for such operations.

(5) The use of the RNAV 10 or RNP 4 specifications in oceanic and remote continental

airspace ensures harmonised ATS route implementation.

(6) Use of the radius to fix (RF) functionality and/or altitude constraints together with RNP 1

standard instrument departure (SID) and standard instrument arrival (STAR) routes

should be subject to local needs.

(1) OJ L 212, 22.8.2018, p. 1.

(2) OJ L 189, 26.7.2018, p. 3.

EN 2 EN

(7) Regulation (EU) 2021/2237 (3) introduced the new ICAO approach classification, which

no longer differentiates between CAT IIIA and CAT IIIB operations; alignment with the

current definition of CAT III operations in EU legislation is deemed necessary.

(8) Regulation (EU) 2018/1048 should therefore be amended accordingly.

(9) The European Union Aviation Safety Agency has prepared draft implementing rules

and submitted them to the Commission with Opinion No 03/2024 (4) in accordance with

Article 76(1) of Regulation (EU) 2018/1139.

(10) The measures provided for in this Regulation are in accordance with the opinion of the

committee established in accordance with Article 127 (3) of Regulation (EU) 2018/1139,

HAS ADOPTED THIS REGULATION:

Article 1

Amendments to Implementing Regulation (EU) 2018/1048

Implementing Regulation (EU) 2018/1048 is amended as follows:

1. In Article 5, paragraph 2 is replaced by the following:

‘2. Paragraph 1 shall be without prejudice to Article 6 and to the possibility of providers

of ATM/ANS to provide their services using landing systems enabling CAT II or

CAT III operations within the meaning of point (120e) of Annex I to Regulation

(EU) No 965/2012.’;

2. In the Annex, point AUR.PBN.2005 is amended as follows:

(a) point (5) is replaced by the following

‘(5) By way of derogation from point (4), where providers of ATM/ANS have

established SID routes or STAR routes and where higher performance

requirements than those referred to in that point are required in order to

maintain air traffic capacity and safety in environments with high traffic

density, traffic complexity or terrain features, they shall implement those

routes in accordance with the requirements of the RNP 1 specification.

Additionally, where the operational scenario so requires, the routes shall

consider one or more of the following navigation functionalities:

(a) operations along a vertical path and between two fixes and with the use

of:

(i) an ‘AT’ altitude constraint;

(ii) an ‘AT OR ABOVE’ altitude constraint;

(iii) an ‘AT OR BELOW’ altitude constraint;

(iv) a ‘WINDOW’ constraint;

(b) the radius to fix (RF) leg.’;

(3) Commission Implementing Regulation (EU) 2021/2237 of 15 December 2021 amending Regulation (EU) No

965/2012 as regards the requirements for all-weather operations and for flight crew training and checking (OJ

L 450, 16.12.2021, p. 21).

(4) Opinions | EASA (europa.eu)

EN 3 EN

(b) the following point (8) is added:

‘(8) By way of derogation from point (6), and without prejudice to point (7), where

providers of ATM/ANS have established ATS routes in oceanic or remote

continental airspace, they shall implement those routes in accordance with the

requirements of the RNAV 10 or the RNP 4 specifications.’.

Article 2

Entry into force

This Regulation shall enter into force on the day following that of its publication in the Official

Journal of the European Union.

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

States.

Done at Brussels,

For the Commission

The President

[…]

EN EN

EUROPEAN COMMISSION

Brussels, XXX

[…] (2024) XXX draft

Annex I to EASA Opinion No 03/2024

COMMISSION IMPLEMENTING REGULATION (EU) …/...

of XXX

amending Commission Regulation (EU) No 1332/2011 as regards common airspace

requirements and operating procedures for airborne collision avoidance and

Implementing Regulation (EU) 2017/373 as regards common requirements for providers

of air traffic management/air navigation services and other air traffic management

network functions and their oversight

EN 1 EN

COMMISSION IMPLEMENTING REGULATION (EU) …/...

of XXX

amending Commission Regulation (EU) No 1332/2011 as regards common airspace

requirements and operating procedures for airborne collision avoidance and

Implementing Regulation (EU) 2017/373 as regards common requirements for providers

of air traffic management/air navigation services and other air traffic management

network functions and their oversight

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 216/2008 and

(EC) No 552/2004 of the European Parliament and of the Council and Council Regulation

(EEC) No 3922/91 (1), and in particular Article 44(1)(a) thereof,

Whereas:

(1) Commission Regulation (EU) No 1332/2011 (2) of 16 December 2011 lays down

common airspace usage requirements and operating procedures for airborne collision

avoidance.

(2) Commission Regulation (EU) No 1332/2011 requires turbine-powered aeroplanes, with

a maximum certificated take-off mass (MCTOM) of more than 5 700 kg or authorised to

carry more than 19 passengers to be equipped with a collision avoidance logic version 7.1

of the airborne collision avoidance system (ACAS II) to avoid mid-air collision. This

requirement also applies to operators of certain aeroplanes registered in a third country.

(3) Commission Regulation (EU) No 1332/2011 also requires that aeroplanes not referred in

point (2) above which are equipped on a voluntary basis with ACAS II, to have the

collision avoidance logic version 7.1.

(4) Commission Implementing Regulation (EU) 2017/373 (3) lays down common

requirements for providers of air traffic management/air navigation services and other air

traffic management network functions and their oversight.

(1) OJ L 212, 22.8.2018, p. 1.

(2) OJ L 336, 20.12.2011, p. 20. 3 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)

EN 2 EN

(5) Commission Regulation (EU) 2017/373 requires communication, navigation or

surveillance services providers to demonstrate that their working methods and operating

procedures are compliant with the standards of Annex 10 to the Chicago Convention on

aeronautical telecommunications as far as they are relevant to the provision of

communication, navigation or surveillance services in the airspace concerned.

(6) Amendment 91 to the International Standards and Recommended Practices, Aeronautical

Telecommunications — Surveillance and Collision Avoidance Systems (Annex 10,

Volume IV to the Convention on International Civil Aviation) introduced the airborne

collision avoidance system X (ACAS X) as an alternate to the TCAS collision avoidance

logic version 7.1 (TCAS version 7.1). ICAO Annex 10, Volume IV refers to both ACAS

X and TCAS version 7.1 as ACAS II systems.

(7) ACAS Xa is the only ACAS X specific variation that has been shown to be equivalent

with TCAS II collision avoidance logic version 7.1 for operations in the single European

sky (SES) airspace environment.

(8) EASA shall, pursuant to Article 4(1)(a) of Regulation (EU) 2018/1139, reflect the state

of the art and the best practices in the field of aviation, taking into account worldwide

aviation experience and scientific and technical progress in the respective fields.

Therefore, Commission Regulation (EU) No 1332/2011 should be amended to allow

access of the aircraft equipped with ACAS Xa to the SES airspace.

(9) EASA shall, pursuant to Article 1(2)(g) of Regulation (EU) 2018/1139, assist Member

States, in exercising their rights and fulfilling their obligations under the Chicago

Convention, by ensuring a common interpretation and a uniform and timely

implementation of its provisions. Therefore, Commission Regulation (EU) 2017/373

should be amended to refer to the latest ICAO Annex 10 provisions, as applicable.

(10) The measures provided for in this Regulation are in accordance with the opinion of the

committee established in accordance with Article 127 (3) of Regulation (EU) 2018/1139,

HAS ADOPTED THIS REGULATION:

Article 1

Amendment to Commission Regulation (EU) No 1332/2011

Regulation (EU) No 1332/2011 is amended as follows:

1. In Article 2, point (2) is replaced by the following:

‘(2) ‘‘airborne collision avoidance system II (ACAS II)’’ means an airborne collision

avoidance system which provides vertical resolution advisories in addition to traffic

advisories. ACAS Xa and traffic alert and collision avoidance system II collision

avoidance logic version 7.1 (TCAS II version 7.1) are considered as ACAS II

systems.’;

2. In the Annex, point AUR.ACAS.1005 is replaced by the following:

‘AUR.ACAS.1005 Performance requirement

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).

EN 3 EN

(1) The following turbine-powered aeroplanes shall be equipped with ACAS II:

(a) aeroplanes with a maximum certificated take-off mass exceeding 5 700 kg;

(b) aeroplanes authorised to carry more than 19 passengers.

(2) Aircraft not referred to in point 1 but which are equipped on a voluntary basis with

ACAS II, shall have TCAS II version 7.1 or ACAS Xa.

(3) Point 1 shall not apply to unmanned aircraft systems.’.

Article 2

Amendment to Commission Implementing Regulation (EU) 2017/373

Regulation (EU) No 2017/373 is amended as follows:

In point CNS.TR.100 of Annex VIII, point (d) is replaced by the following:

‘(d) Volume IV on surveillance radar and collision avoidance systems in its 5th edition of July

2014, including all amendments up to and including No 91;’.

Article 3

Entry into force

This Regulation shall enter into force on the day following that of its publication in the Official

Journal of the European Union.

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

States.

Done at Brussels,

For the Commission

The President

[…]

European Union Aviation Safety Agency Appendix 2 to Opinion 0x/2024 – Draft AMC & GM

(RMT.0682)

Page 1 of 5

Draft Guidance Material to

Commission Implementing Regulation (EU) 2018/1048

RMT.0682 (SUBTASK 1)

Important note:

This file is published for information purposes only. No quality control has been performed

yet. Further changes may occur for further alignment of draft AMC and GM with the

corresponding draft implementing rules in the course of the adoption process.

European Union Aviation Safety Agency Appendix 2 to Opinion 0x/2024 – Draft AMC & GM

(RMT.0682)

Page 2 of 5

This GM to Commission Implementing Regulation (EU) 2018/1048 document (Annex to ED Decision

202X/XXX/R) shows deleted text, new or amended text as follows:

The amendment(s) is (are) arranged as follows to show deleted, new, and unchanged:

— deleted text is struck through;

— new or amended text is highlighted in blue;

— an ellipsis ‘[…]’ indicates that the rest of the text remains unchanged.

Annex II to ED Decision 2018/013/R of the Executive Director of the Agency of 21 November 2018 is

amended as follows:

GM2 Article 4 Transitional measures ED Decision 202X/XXX/R

RELEVANT ASPECTS OF THE TRANSITION PLAN

In implementing the required routes and procedures, there is an opportunity to optimise the overall safety, capacity and efficiency of flight operations. The transition plan needs to take due account of the complexity of the airspace structures and traffic flows as well as the specificities of the traffic operating at the affected aerodromes. In addition, it is suggested that a transition plan address, at least, the following aspects:

[…]

(d) the need to consider CAT II/III ground facilities (ILS, MLS, GLS) to supplement RNP APCH procedures where operations below CAT I minima are required due to local conditions, as well as the existing and planned GLS facilities that currently mostly provide guidance during CAT I approach and landing operations, but which are anticipated to support CAT II/III operations in the future; and

[…]

GM1 Article 5 Exclusive use of PBN ED Decision 202X/XXX/R

One of the benefits of PBN is that it allows to decommission more costly or less performing equipment. As PBN allows vertical guidance through RNP APCH procedures down to LNAV/VNAV or LPV minima, this applies, in particular, to a number of the remaining NDB and VOR facilities used for approach, which could be decommissioned by 6 June 2030 as per Article 7(2)(a). However, the implementation of PBN approaches does not currently permit the replacement of landing systems where minima below 200 ft are required, such as those enabled by CAT II or CAT III operations. Therefore, it is expected that CAT II and CAT III landing systems, primarily predicated on ILS, will remain in service unaffected by this Regulation.

Article 5 precludes the use of instrument approach procedures, other than those predicated on PBN, as per AUR.PBN.2005. As regards CAT I approaches predicated on ILS and MLS, they may in many cases be replaced by SBAS approaches that can be operated down to CAT I precision approach minima.

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There could be locations at which SBAS approaches cannot offer CAT I minima, so existing instrument approach procedures based on ILS, GLS or MLS may be retained.

Additionally, it should be noted that when designing the contingency measures foreseen under Article 6, providers of ATM/ANS may decide to retain also a network of CAT I landing systems using, for instance, ILS as a backup. As regards this contingency infrastructure, more information is provided in GM1 Article 6.

GM2 Article 5 Exclusive use of PBN ED Decision 202X/XXX/R

Paragraph 1 does not allow to provide services based on conventional navigation or non-compliant PBN applications after the transition to PBN is over, i.e., as of 6 June 2030.

Paragraph 2 recognises that, for the time being, PBN cannot enable approach operations down to CAT II and CAT III minima; therefore, GBAS landing systems (GLS) and instrument landing systems (ILS) enabling CAT II, or CAT III operations, will not be subject to any service restrictions.

Moreover, since GBAS approach procedures are neither PBN nor conventional approach procedures, GLS CAT I procedures can also continue to be used without restrictions after 5 June 2030.

GM1 Article 7 Entry into force and application ED Decision 2018/013/R

The following table provides a summary of the implementation timing:

Implementation by 3 December 2020 AUR.PBN.2005 points

RNP APCH or RNP AR to all IREs without PA, except at those airports listed in point 1.2.1 of the Annex to the PCP Regulation1, and, where required, RF legs

(1) + (2) + (3)

RNAV 5 for all ATS routes at or above FL150 (6)

RNAV 10 or RNP 4 for all ATS routes in support of oceanic and remote continental operations at or above FL150

(8)

Implementation by 25 January 2024

RNP APCH or RNP AR to all IREs, and, where required, RF legs (1) + (2) + (3)

For all IREs, RNAV 1 or RNP 1(+) for at least one established SID/STAR (4) + (5)

For all IREs, RNP 0.3 or RNP 1 or RNAV 1 for at least one established SID/STAR for rotorcraft operations

(7)

RNAV 5 for ATS routes established below FL150 (6)

RNP 0.3 or RNP 1 or RNAV 1 for ATS routes established below FL150 for rotorcraft operations

(7)

RNAV 10 or RNP 4 for all ATS routes in support of oceanic and remote continental operations established below FL150

(8)

Implementation by 6 June 2030

RNAV 1 or RNP 1(+) applicable to all SIDs/STARs when established (4) + (5)

RNP 0.3 or RNP 1 or RNAV 1 applicable to all SIDs/STARs for rotorcraft operations when established

(7)

IRE: instrument runway end PA: precision approach

1 Commission Implementing Regulation (EU) No 716/2014 of 27 June 2014 on the establishment of the Pilot Common Project

supporting the implementation of the European Air Traffic Management Master Plan

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RNP 1(+): RNP 1 specification including, where the operational scenario so requires, RF and/or vertical paths defined by constraints SID: standard instrument departure STAR: standard instrument arrival RF: radius to fix RNAV X & RNP X: navigation specifications

GM1 AUR.PBN.2005(1) Routes and procedures ED Decision 202X/XXX/R

Contractual arrangements covering the implementation of approach procedures based on the European Geostationary Navigation Overlay Service (EGNOS) are expected to be established between the providers of ATM/ANS responsible for implementing RNP APCH down to LPV minima and the EGNOS service provider, as per paragraph 3.1 of Annex I to Commission Implementing Regulation (EU) No 1035/2011 ATM/ANS.OR.B.015 in Commission Implementing Regulation (EU) 2017/373.

Similar provisions in Commission Implementing Regulation (EU) 2017/373 regarding contracted activities, i.e. ATM/ANS.OR.B.015, and the associated AMC & GM, may be of help to providers of ATM/ANS.

GM1 AUR.PBN.2005(3) Routes and procedures ED Decision 202X/XXX/R

The term ‘appropriate SBAS coverage’ refers to the EGNOS Safety of Life (SoL) service area, as declared in the EGNOS SoL Service Definition Document (SDD). The EGNOS SoL SDD is published by the European GNSS Agency (GSA) European Union Agency for the Space Programme (EUSPA), including the performance commitment maps, as provided by the certified EGNOS provider.

It is expected that the signal-in-space meets the performance requirements defined in Amendment 89 to ICAO Annex 10, Volume I, prior to implementing SBAS-based procedures.

It is recommended that the 18-month deadline commence from the moment at which the affected aerodrome reference point falls at least 100 NM inside the 99 % APV-I availability area, as published in the EGNOS SoL SDD.

For those areas where the SBAS performance commitment does not meet the average continuity risk specified in Amendment 89 to ICAO Annex 10, Volume I, it is still possible to implement SBAS-based procedures. However, due consideration should be given to the implementation of specific operational mitigations. These operational mitigations should be appropriate to the continuity performance declared by the SBAS service provider and should account for aspects such as the influence of airspace complexity, traffic levels, limiting terrain and obstacles, level of ATS provided, and availability of other navigation and surveillance capabilities.

GM1 AUR.PBN.2005(8) Routes and procedures ED Decision 202X/XXX/R

INCONSISTENT DESIGNATIONS

For purposes of consistency with ICAO’s PBN concept, this Regulation employs the ‘RNAV 10’ designation because this specification does not include on-board performance monitoring and alerting. Before the publication of ICAO Document 9613 AN/937, ‘Performance-based Navigation (PBN) Manual’, 2013, 4th Edition, ‘RNP 10’ was used as designation for the same navigation specification, i.e., in reference to the same set of requirements.

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For the above reasons, many routes and airspace volumes continue to use the RNP 10 designation. To recognise the validity of the present publications, ‘RNP 10’ and ‘RNAV 10’ designations should be considered equivalent.