Council Directive 93/65/EEC of 19 July 1993 on the definition and use of compatible technical specifications for the procurement of air-traffic- management equipment and systems
Modified by
Actconcerning the conditions of accession of the Kingdom of Norway, the Republic of Austria, the Republic of Finland and the Kingdom of Sweden and the adjustments to the Treaties on which the European Union is founded(94/C 241/08)Decision of the Council of the European Unionof 1 January 1995adjusting the instruments concerning the accession of new Member States to the European Union(95/1/EC, Euratom, ECSC), 11994N31995D0001, August 29, 1994
Decision of the Council of the European Unionof 1 January 1995adjusting the instruments concerning the accession of new Member States to the European Union(95/1/EC, Euratom, ECSC), 31995D0001, January 1, 1995
Commission Directive 97/15/ECof 25 March 1997adopting Eurocontrol standards and amending Council Directive 93/65/EEC on the definition and use of compatible technical specifications for the procurement of air-traffic-management equipment and systems(Text with EEA relevance), 31997L0015, April 10, 1997
Actconcerning the conditions of accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic and the adjustments to the Treaties on which the European Union is founded, 12003T, September 23, 2003
Regulation (EC) No 1882/2003 of the European Parliament and of the Councilof 29 September 2003adapting to Council Decision 1999/468/EC the provisions relating to committees which assist the Commission in the exercise of its implementing powers laid down in instruments subject to the procedure referred to in Article 251 of the EC Treaty, 32003R1882, October 31, 2003
Regulation (EC) No 552/2004 of the European Parliament and of the Councilof 10 March 2004on the interoperability of the European Air Traffic Management network(the interoperability Regulation)(Text with EEA relevance), 32004R0552, March 31, 2004
Council Directive 93/65/EECof 19 July 1993on the definition and use of compatible technical specifications for the procurement of air-traffic-management equipment and systemsTHE COUNCIL OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Economic Community, and in particular Article 84 (2) thereof,Having regard to the proposal from the CommissionOJ No C 244, 23. 9. 1992, p. 16.,Having regard to the opinion of the European ParliamentOpinion delivered on 25 June 1993 (not yet published in the Official Journal),Having regard to the opinion of the Economic and Social CommitteeOJ No C 19, 25. 1. 1993, p. 39.,Whereas air transport in Europe is at present under considerable strain owing to air traffic congestion;Whereas, so far, management systems have been developed and brought on stream in accordance with International Civil Aviation Organization (ICAO) provisions, which allow national or local interpretation;Whereas defining and introducing Community standards is an effective approach to the management of general air traffic since the present situation, based on national or local systems, has resulted in the technical and operational incompatibilities which now hinder the transfer of controlled flights between traffic-control bodies in different Member States;Whereas the important work undertaken by the European Civil Aviation Conference (ECAC) and Eurocontrol in the field of air-traffic management and the relevant conclusions adopted by ECAC Ministers in April 1990 and March 1992 should be borne in mind;Whereas functional integration should be effected to remedy traffic congestion and improve the flow of traffic in the short term;Whereas the process of harmonization and integration would be facilitated if all Member States acceded to the International Convention relating to Cooperation for the Safety of Air Navigation;Whereas, following resolution 89/C 189/02OJ No C 189, 26. 7. 1989, p. 3., the process of all Member States' accession as Contracting Parties to the International Convention relating to Cooperation for the Safety of Air Navigation would be facilitated if those Member States which are already Contracting Parties to that Convention would strive within Eurocontrol to adopt, where appropriate, measures aimed at facilitating such accession;Whereas the technical specifications adopted by Eurocontrol comply with ICAO recommended standards and practices;Whereas the Commission, assisted by a committee of representatives of the Member States, should be authorized, in accordance with the procedure laid down in Council Decision 87/373/EEC of 13 July 1987 laying down the procedures for the exercise of implementing powers conferred on the CommissionOJ No C 197, 18. 7. 1987, p. 33., to make certain Eurocontrol standards mandatory at Community level;Whereas European standardization is a key factor in establishing a consistent level of safety in air-traffic management; whereas Eurocontrol and the European standardization bodies should cooperate with each other;Whereas it should be specified that in accordance with Council Directive 83/189/EEC of 28 March 1983 laying down a procedure for the provision of information in the field of technical standards and regulationsOJ No L 109, 26. 4. 1983, p. 8. Directive as last amended by Commission Decision 92/400/EEC (OJ No L 221, 6. 8. 1992, p. 55). the Commission may, after consulting Eurocontrol, give European standardization bodies mandates to draw up European standards to provide support for air-traffic-management systems;Whereas in any case any item of equipment legally marketed in one Member State must be able to move freely within the territories of the other Member States;Whereas the International Convention relating to Cooperation for the Safety of Air Navigation designates Eurocontrol as the appropriate instrument to take the necessary measures to solve the present problems in Europe;Whereas safety is a key factor in air transport in the Community; whereas this Directive should take account of the existence of the Convention on International Civil Aviation, signed in Chicago on 7 December 1944, which provides for the implementation of whatever measures are required to ensure the safe and orderly development of international civil aviation;Whereas Council Directives 77/62/EEC of 21 December 1976 coordinating procedures for the award of public supply contractsOJ No L 13, 15. 1. 1977, p. 1. Directive as last amended by Directive 92/50/EEC (OJ No L 209, 24. 7. 1992, p. 1). and 90/531/EEC of 17 September 1990 on the procurement procedures of entities operating in the water, energy, transport and telecommunications sectorsOJ No L 297, 29. 10. 1990, p. 1. apply to the air-traffic-management sector and the awarding entities must be specified;Whereas in certain Member States the procurement of air-navigation equipment is not covered by the aforementioned Directives; whereas however, the Eurocontrol standards incorporated in the Community legal system must be complied with in all Member States,HAS ADOPTED THIS DIRECTIVE:
Article 1This Directive shall apply to the definition and use of compatible technical specifications for the procurement of air-traffic-management equipment and systems, in particular:communications systems,surveillance systems,systems providing automated assistance to air-traffic control, andnavigation systems.Article 2For the purposes of this Directive:(a)technical specification shall mean the technical requirements included, in particular, in the tender documents defining the characteristics of a piece of work, a material, a product or a supply, and making it possible to describe a piece of work, a material, a product or a supply objectively in a manner such that it fulfils the use for which it is intended by the contracting entity. Such technical prescriptions may include quality, performance, safety and dimensions, as well as requirements applicable to the material, product or supply as regards quality assurance, terminology, symbols, testing and test methods, packaging, marking and labelling;(b)standard shall mean a technical specification approved by a recognized standardization body for repeated or continuous application, compliance with which is not in principle compulsory;(c)Eurocontrol standard shall mean the mandatory elements of Eurocontrol specifications for physical characteristics, configuration, material, performance, personnel or procedure, the uniform application of which is recognized as essential for the implementation of an integrated air trafic services (ATS) system (the mandatory elements shall form part of a Eurocontrol standard document).Article 31.The Commission shall, in accordance with the procedure laid down in Article 6, identify and adopt the Eurocontrol standards and subsequent Eurocontrol amendments to those Eurocontrol standards, in particular those relating to the areas listed in Annex I, that shall be made mandatory under Community law. The Commission shall publish the references of all technical specifications thus made mandatory in the Official Journal of the European Communities.2.The ensure that Annex I, which lists Eurocontrol standards to be produced, is as complete as possible, the Commission, following the procedure laid down in Article 6 and in consultation with Eurocontrol, may, where approrpiate, amend Annex I in accordance with amendments made by Eurocontrol,3.The Italian Republic and the Kingdom of Spain may postpone the application of this Article for one year. If at the end of that period those Member States cannot apply the Eurocontrol standards the Council shall, in accordance with the Treaty, decide on the appropriate action to be taken.Article 4In order to complement, where necessary, the process of implementing Eurocontrol standards the Commission may give standardization mandates to European standardization bodies in accordance with Directive 83/189/EEC and in consultation with Eurocontrol.Article 51.Without prejudice to Directives 77/62/EEC and 90/531/EEC the Member States shall take whatever steps are necessary to ensure that in the general documents or specifications relating to each contract the awarding civil entities defined in Annex II refer to the specifications adopted in accordance with this Directive when purchasing air-navigation equipment.2.To ensure that Annex II is as complete as possible, the Member States shall notify the Commission of any changes made to their lists. The Commission shall amend Annex II in accordance with the procedure laid down in Article 6.Article 61.The Commission shall be assisted by a committee.2.Where reference is made to this Article, Articles 5 and 7 of Decision 1999/468/ECCouncil Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (OJ L 184, 17.7.1999, p. 23). shall apply, having regard to the provisions of Article 8 thereof.The period laid down in Article 5(6) of Decision 1999/468/EC shall be set at three months.3.The Committee shall adopt its rules of procedure.Article 7In exercising its powers the Commission shall regularly consult the relevant European representatives of air-navigation bodies, of air-space users and of professional bodies. It shall inform the committee provided for in Article 6 of the outcome of those consultations.Article 81.The Commission shall regularly submit reports to the European Parliament and to the Council on the operation of the arrangements provided for in this Directive, accompanied if necessary by proposals for the implementation of Articles 3 and 4.2.Each year the Member States shall notify the Commission of any measures they have introduced to achieve the objectives set in this Directive.Article 91.The Member States shall bring into force the provisions necessary for them to comply with this Directive within one year of its adoption. They shall forthwith inform the Commission thereof.When then Member States adopt those provisions they shall include references to this Directive or shall accompany them with such references on their official publication. The Member States shall lay down the manner in which such references shall be made.2.The Member States shall communicate to the Commission the texts of the main provisions of national law which they adopt in the field governed by this Directive. The Commission shall inform the other Member States thereof.Article 10This Directive is addressed to the Member States.nullANNEX IDOMAINS FOR EUROCONTROL STANDARDS AS REFERRED TO IN ARTICLE 3Indicative listCommunicationsNavigationSurveillanceData-processing systemsAirspace management and air traffic management proceduresAir traffic management working rules and operational requirementsHuman resourcesANNEX IIAWARDING ENTITIES RESPONSIBLE FOR THE PURCHASING OF AIR-NAVIGATION EQUIPMENTEUROCONTROLRue de la Fusée, 96B-1130 BruxellesBelgiumRégie des Voies Aériennes (RVA/RLW)Centre Communication Nord (CCN)rue du Progrès 80 Bte 2B-1030 BruxellesCzech RepublicŘízení letového provozu České republiky, s. p.(Air Navigation Services)K letišti 1040/10P.O.BOX 41160 08 PrahaDenmarkStatens Luftfartsvæsen(Civil Aviation Administration)Postbox 744DK-Copenhagen SVBillund LufthavnPO Box 10DK-7190 BillundKøbenhavns Lufthavne A/SPO Box 74Flyvervej 11DK-2770 KastrupGermanyDFS Deutsche Flugsicherung GMBHKaiserleistr. 29-35D-6050Offenbach am MainEstoniaLennuliiklusteeninduse AS(Estonian Air Navigation Services)Lennujaama tee 211 101 TallinnAcquisitions for small airports and aerodromes may be made by local authorities or by the owners.GreeceMinistry of Transport and CommunicationsCivil Aviation AuthorityGeneral Directorate of Air Navigationwho delegates in particular to:Electronics DivisionVasileos Georgiou 1PO Box 73751-16604-AthensEllinikoGR-AthensSpainAENA (Aeropuertos Españoles y Navegación Aérea)Calle Santa Engracia, 120E-MadridFranceMinistre chargé de l'aviation civileDirection générale de l'aviation civile48, rue Camille DesmoulinsF-92452 Issy les Moulineaux Cedexand, where competent:Aéroport de Paris291, Boulevard RaspailF-75675 Paris Cedex 14IrelandThe Irish Aviation AuthorityAviation HouseHawkins StreetIRL-Dublin 2Aer Rianta Cpt.Dublin AirportIRL-County DublinItalyENAVEnte Nazionale di Assistenza al VoloVia Salaria, 715I-00138 RomaCyprusΥπουργείο Συγκοινωνιών και Έργων (Ministry of Communications and Works)Τμήμα Πολιτικής Αεροπορίας (Department of Civil Aviation)16 Griva Digeni Avenue1429 NicosiaLatviaValsts akciju sabiedrība "Latvijas gaisa satiksme"Mārupes pagastsRīgas starptautiskā lidostaLV - 1053LithuaniaValstybės įmonė "Oro navigacija"Rodūnės kelias 2,LT-2023, VilniusCivilinės aviacijos administracijaRodūnės kelias 2,LT-2023, VilniusLuxembourgMinistère des TransportsDirection de l'Aviation civileL-2938LuxembourgHungaryGazdasági és Közlekedési Minisztérium(Ministry of Economy and Transport)Légügyi Főigazgatóság(General Directorate of Civil Aviation)H-1400 BudapestPf. 87HungaroControl Magyar Légiforgalmi Szolgálat(HungaroControl Hungarian Air Navigation Services)H-1675 Budapest/FerihegyPf. 80MaltaMalta Air Traffic Services LtdKaxxa Postali 1Ajruport Internazzjonali ta' MaltaLuqa LQA 05The NetherlandsLuchtverkeersbeveiligingPostbus 7601NL-1118 ZJLuchthaven SchipholAustriaAustro Control GmbHSchnirchgasse 11A-1030 WienAustriaAustro Control GmbHSchnirchgasse 11A-1030 WienPolandPolish Airports State EnterprisePolish Air Traffic Agencyul. Żwirki i Wigury 100 — 906 WarszawaPortugalANA-E.P. (Empresa Pública de Aeroportos e Navegação Aérea).Rua D, Edifício 120Aeroporto de LisboaP-1700 LisboaSloveniaMinistrstvo za promet(Ministry of Transport)Uprava Republike Slovenije za civilno letalstvo(Civil Aviation Administration of the Republic of Slovenia)Kotnikova 19 aSI-1000 LjubljanaSlovakiaLetové prevádzkové služby SR, š.p. Bratislava(Air Traffic Services of the Slovak Republic)Letisko M. R. Štefánika823 07 BratislavaFinlandIlmailulaitosLuftfartsverketP.O. Box 50FIN-01531 VantaaAcquisitions for small airports and aerodromes may be made by local authorities or by the owners.FinlandIlmailulaitos/Luftfartsverket(CAA Finland)PO Box 50FIN-01531 VantaaSwedenLuftfartsverketS-601 79 NorrköpingSwedenSwedish Civil Aviation AdministrationLuftfartsverketVikboplan 11S-601 79 NorrköpingUnited KingdomNational Air Traffic Services LtdCAA House45-59 KingswayUK-London WC2B 6TE