Standardised European Rules of the Air (SERA) mandate - Part A

SES mandate on Standardised European Rules of the Air (SERA) implementing rule for airspace – Part A - COMPLETED

EUROCONTROL has been mandated by the European Commission to develop, in close co-operation with EASA, common and standardised European rules of the air, with a view to supporting implementation of Functional Airspace Blocks (FAB’s), helping free movement of aircraft across Europe’s borders, increasing safety and minimising the inconvenience and risk of misunderstandings caused by varying national sets of rules of the air.

In terms of scope, the mandate is based on the SES Regulatory Framework and some provisions of EASA Basic Regulation. It encompasses ICAO Annex 2 “Rules of the Air” and other ICAO Standards and relevant practices (SARPs) and Procedures for Air Navigation Services (PANS). The implementing rule does not create new obligations but rather transpose already existing obligations, and standardises the way the existing ICAO obligations are implemented within the single European sky.

Upon analysis SERA is to be developed in successive phases, the first covering the transposition of ICAO Annex 2, “Rules of the Air”, named SERA Part A.

The following phases consist of SERA Parts B and C, transposing the ICAO Annex 11 provisions and possible other ICAO provisions as appropriate, and when considered necessary, the relevant set of common EU differences to ICAO provisions.

At its 40th session, the Single Sky Committee agreed to that a formal opinion on this Part A will be sought together with the vote on Part B.

 

Implementing

Following the delivery of the final report to the European Commission, the Single Sky Committee organized a written consultation on SERA at its 38th session. To support the implementation of SERA, the dedicated SSC Working Group on SERA also identified which provisions should be better captured by Acceptable Means of Compliance (AMC) or Guidance Material (GM).

Presently, EUROCONTROL does not provide any generic support to the implementation of SERA.

 

Final Report

The Final Report for the draft implementing rule Standardised European Rules of the Air was delivered to the European Commission on 2nd July 2010. It contains the draft implementing rule on SERA, v2.0; justification material for the draft implementing rule on SERA, v2.0; EUROCONTROL Proposed Maintenance Mechanism and the summary of responses (SOR) for the draft implementing rule on SERA, v1.0.

Drafting

An informal written consultation on the draft implementing rule (partial) was organized between 4th December 2009 and 12th January 2010.

The draft implementing rule on SERA was then submitted to a formal written consultation from 11th February 2010 to 12th April 2010. The consultation package included draft justification material and the draft rule.

The summary of responses (SOR) document summarises all of the stakeholders' comments, providing EUROCONTROL's responses to them and the subsequent actions taken. It has been prepared and updated following the formal consultation workshop held 3rd June 2010.


 

Regulatory Approach

The mandate will benefit from, the work already achieved by EUROCONTROL, ICAO and the EC which have conducted since 2007 a review of the EU national differences. The regulatory approach for the development of the implementing rule is indicated in the mandate as it calls for an implementing rule that ensures an ICAO compliant solution, complemented, if justified or if deemed more efficient, by common European differences, and by additional appropriate non-binding regulatory material.
As a result, a Regulatory Approach Document was not developed for this mandate.
 

Initiation

The initial plan describes the project plan and work breakdown structure, the methodology and processes and the consultation activities as agreed with the European Commission. It also provides an initial analysis of the mandate requirements. An innovative approach indicated by the mandate is to associate ICAO, the European Commission and EASA with EUROCONTROL for the development and the drafting of the deliverables.