Stage: Final Publications

Regulatory Agency Final Publications

Regulation 2021/116 CP1 Regulation Mandating EPP Capability for Certain New Aeroplanes after 31 December 2027

COMMISSION IMPLEMENTING REGULATION (EU) 2021/116 of 1 February 2021 on the establishment of the Common Project One supporting the implementation of the European Air Traffic Management Master Plan provided for in Regulation (EC) No 550/2004 of the European Parliament and of the Council, amending Commission Implementing Regulation (EU) No 409/2013 and repealing Commission Implementing Regulation (EU) No 716/2014

THE EUROPEAN COMMISSION, Having regard to the Treaty on the Functioning of the European Union, Having regard to Regulation (EC) No 550/2004 of the European Parliament and of the Council of 10 March 2004 on the provision of air navigation services in the single European sky (the service provision Regulation)(1), and in particular Article 15a thereof,

[…]

(12) The Common Project One should continue to mandate the implementation of the six Pilot Common Project ATM functionalities albeit with an updated focus, based on the criteria of contributing to achieving essential operational changes in the European ATM Masterplan, maturity and the need for synchronised implementation.

(13) The sub-functionalities to be included in the present act should be confined to those that can be implemented by 31 December 2027.

[…]

Article 1

Establishment of the Common Project One

The Common Project One (‘CP1’) is established to support the implementation of the European Air Traffic Management (‘ATM’) Master Plan.

[…]

(10) ‘AF 6’ or ‘initial trajectory information sharing’ or ‘i4D’ means an ATM functionality that improves the use of target times and trajectory information, including where available the use of on-board 4D trajectory data by the ground ATC system and Network Manager systems, implying fewer tactical interventions and improved de-confliction situation.

6. AF 6: INITIAL TRAJECTORY INFORMATION SHARING
6.1. Operational and Technical Scope
6.1.1. ATM sub-functionality on initial air-ground trajectory information sharing
General
Initial air-ground trajectory information sharing contributes to the ‘Trajectory-based operations’ EOC. Air-ground trajectory exchange improves trajectory information. The preliminary steps for the deployment of initial trajectory information sharing consists of downlinking the extended projected profile (‘EPP’) data from the aircraft to the ATC systems and processing that data by those systems.
System requirements
(a) Aircraft must be equipped with the capability to automatically down-link trajectory information using ADS-C EPP as part of the ATS B2 services. The trajectory data automatically down-linked from the airborne system must update the ATM system in accordance with the terms of the contract.
(b) Data link communications ground systems must support ADS-C (downlink of aircraft trajectory using EPP) as part of the ATS B2 services while keeping compatibility with controller – pilot data link communications (‘CPDLC’) services as required by Commission Regulation (EC) No 29/2009(3), including provision of service to flights equipped only with the Aeronautical Telecommunication Network Baseline 1 (‘ATN-B1’).
(c) All ATS providers referred to in point 6.3 and the related ATC systems must be able to receive and process trajectory information from equipped aircraft.
(d) The ATC systems must enable controllers to display the route of the downlinked trajectory.
(e) The ATC systems must provide a warning to controllers in case of a discrepancy between the downlinked aircraft trajectory and the ground system trajectory elaborated using the filed flight plan route.

6.1.2. ATM sub-functionality on Network Manager trajectory information enhancement
General Network manager trajectory information enhancement contributes to the ‘Trajectory-based operations’ EOC. Trajectory information is enhanced by the use of air-ground trajectory exchange. A processing of such information by the Network Manager systems constitutes a further step for the deployment of initial trajectory information sharing. System requirements The Network Manager systems must use elements of the downlinked trajectories to enhance their information of trajectories flown by aircrafts.

6.1.3. ATM sub-functionality on initial trajectory information sharing ground distribution

General Initial trajectory information sharing ground distribution contributes to the ‘Trajectory-based operations’ EOC. Trajectory information data coming from airborne systems is distributed on the ground in order to minimise the air-ground data transmissions and to ensure that all air traffic service units (‘ATSU’) involved in the flight management work with the same data. The trajectory data must be processed and displayed to the controllers in a harmonised way as set out in point 6.1.1. (3)Commission Regulation (EC) No 29/2009 of 16 January 2009 laying down requirements on data link services for the single European sky (OJ L 13, 17.1.2009, p. 3). ENOfficial Journal of the European Union 2.2.2021 L 36/37

System requirements (a) Ground systems must ensure that trajectory data downlinked from the aircraft is distributed between ATS units and between ATS units and the Network Manager systems. (b) The data link capability referred to in Regulation (EC) No 29/2009 is an essential prerequisite for the AF6. (c) A reliable, fast and efficient air/ground communication infrastructure must support initial trajectory information sharing.

6.2. Geographical Scope
Initial trajectory information sharing must be deployed in all ATS units providing air traffic services within the airspace for which the Member States are responsible in the ICAO EUR region.

6.3. Stakeholders required to implement the functionality and industrialisation and implementation target date
(a) ATS providers and the Network Manager must ensure that they enable initial trajectory information sharing above flight level 285 by the implementation target date of 31 December 2027.
(b) Point 6.1.1 applies to all flights operating as general air traffic in accordance with instrument flight rules within the airspace above flight level 285 within the Single European Sky airspace as defined in Article 3(33) of Regulation (EU) 2018/1139. Aircraft operators must ensure that aircraft operating flights with an individual certificate of airworthiness first issued on or after 31 December 2027 are equipped with ADS-C EPP as part of ATS B2 capability, in accordance with the applicable standards in order to downlink aircraft trajectory.
(c) The industrialisation target date for points 6.1.1, 6.1.2 and 6.1.3 of this Annex is 31 December 2023, pursuant to Article 4 of Implementing Regulation (EU) No 409/2013.

6.4. Need for synchronisation
All ANSPs, the Network Manager and airspace users must synchronise the implementation of the targeted system and service delivery set out in AF6 in accordance with the deployment programme to ensure network-wide enhancement of an interoperable air-ground communication infrastructure and improve the network usage of the functionality. Synchronised planning, including airspace users’ avionics roadmaps, will avoid implementation gaps and significant delays for individual stakeholders.

6.5. The expected environmental improvements
Sharing airborne flight trajectory amongst stakeholders allows the airspace users to safely fly the most efficient trajectory. This will lead to increased fuel efficiency, reduced CO2 and noise emissions. The trajectory information sharing will enable further service development that will further reduce the negative environmental impact of aircraft activity.

6.6. Interdependencies with other ATM functionalitiesAF6 has interdependencies with airspace management and advanced flexible use of airspace referred to in AF3.

FAA Notice N8900.577 PIPD Beta Test, GA PDs by Foreign Airmen/Operators, Excluding Part 129 Air Carriers and Part 375 Operators

This notice announces revisions to Federal Aviation Administration
(FAA) Order 8900.1, Volume 7, Investigation, and Volume 12, International Aviation, for
processing General Aviation (GA) pilot deviations (PD) by airmen/operators operating under
authority issued by a Civil Aviation Authority (CAA) that is a Portal for International Pilot
Deviations (PIPD) beta test participant. See N 8900.567, Portal for International Pilot Deviations
(PIPD) Beta Test on PDs Involving Foreign Air Carriers Operating Under 14 CFR Part 129 or
Part 375, for guidance addressing PDs involving foreign air carriers operating under Title 14 of
the Code of Federal Regulations (14 CFR) part 129 or 375.

European Plan for Aviation Safety 2021 – 2025

This new EPAS edition features the following novelties and highlights:

  • Volume I ‘Strategy’: A new section ‘operational context’ is included to provide information on the European aviation system in terms of size, nature and complexity, describing the pre-COVID-19 situation, as well as the impact of the crisis.
  • Volume II ‘Actions’ is shaped by the need to alleviate the regulatory burden on stakeholders in response to the unprecedented crisis affecting the entire aviation sector, while maintaining a high, uniform level of aviation safety. For this purpose, action priorities and timelines were reviewed and adjusted in consultation with the Agency’s Advisory Bodies.
  • A new Volume III ‘Safety Risk Portfolios’ provides the set of available domain risk portfolios established through the European Safety Risk Management process. It describes the key risk areas and underlying safety issues affecting the European aviation system, identifying those requiring further action. Following an analysis of specific risks and safety issues arising from the current crisis, a dedicated COVID-19 risk portfolio is also provided.

Finally, EPAS 2021-2025 continues to establish a series of actions for innovative air mobility solutions to create a cleaner, quieter and more sustainable aviation system. Initiatives include actions to increase CO2 efficiency, prepare for electric and hybrid propulsion technology, sustainable aviation fuels, carbon offsetting, as well as for the development of an environmental label.

White House -Proclamation on the Suspension of Entry as Immigrants and Non-Immigrants of Certain Additional Persons Who Pose a Risk of Transmitting Coronavirus Disease

The Federal Government must act swiftly and aggressively to combat coronavirus disease 2019 (COVID-19).  The national emergency caused by the COVID-19 outbreak in the United States continues to pose a grave threat to our health and security.  As of January 20, 2021, the United States had experienced more than 24 million confirmed COVID-19 cases and more than 400,000 COVID-19 deaths.  It is the policy of my Administration to implement science-based public health measures, across all areas of the Federal Government, to prevent further spread of the disease.

The Centers for Disease Control and Prevention (CDC), within the Department of Health and Human Services, working in close coordination with the Department of Homeland Security, has determined that the Republic of South Africa is experiencing widespread, ongoing person-to-person transmission of SARS-CoV-2, the virus that causes COVID-19, including a variant strain of the virus known as B.1.351.  The World Health Organization has reported that the Republic of South Africa has over 1,400,000 confirmed cases of COVID-19.  Another variant strain, known as B.1.1.7, is widely circulating and has been traced to the United Kingdom.  Furthermore, a third variant strain, which is known as B.1.1.28.1 and may impact the potential for re-infection, has been identified in Brazil.  Based on developments with respect to the variants and the continued spread of the disease, CDC has reexamined its policies on international travel and, after reviewing the public health situations within the Schengen Area, the United Kingdom (excluding overseas territories outside of Europe), the Republic of Ireland, the Federative Republic of Brazil, and the Republic of South Africa, has concluded that continued and further measures are required to protect the public health from travelers entering the United States from those jurisdictions.

In my Executive Order of January 21, 2021, entitled “Promoting COVID-19 Safety in Domestic and International Travel,” I directed the Secretary of Health and Human Services, including through the Director of CDC, and in coordination with the Secretary of Transportation (including through the Administrator of the Federal Aviation Administration) and the Secretary of Homeland Security (including through the Administrator of the Transportation Security Administration), to further examine certain current public health precautions for international travel and take additional appropriate regulatory action, to the extent feasible and consistent with CDC guidelines and applicable law.

While that review continues, and given the determination of CDC, working in close coordination with the Department of Homeland Security, described above, I have determined that it is in the interests of the United States to take action to restrict and suspend the entry into the United States, as immigrants or nonimmigrants, of noncitizens of the United States (“noncitizens”) who were physically present within the Schengen Area, the United Kingdom (excluding overseas territories outside of Europe), the Republic of Ireland, the Federative Republic of Brazil, and the Republic of South Africa during the 14-day period preceding their entry or attempted entry into the United States.

NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States, by the authority vested in me by the Constitution and the laws of the United States of America, including sections 212(f) and 215(a) of the Immigration and Nationality Act, 8 U.S.C. 1182(f) and 1185(a), and section 301 of title 3, United States Code, hereby find that the unrestricted entry into the United States of persons described in section 1 of this proclamation would, except as provided for in section 2 of this proclamation, be detrimental to the interests of the United States, and that their entry should be subject to certain restrictions, limitations, and exceptions.  I therefore hereby proclaim the following:

Section 1.  Suspension and Limitation on Entry.  (a)  The entry into the United States, as immigrants or nonimmigrants, of noncitizens who were physically present within the Schengen Area, the United Kingdom (excluding overseas territories outside of Europe), the Republic of Ireland, and the Federative Republic of Brazil during the 14-day period preceding their entry or attempted entry into the United States, is hereby suspended and limited subject to section 2 of this proclamation.
(b)  The entry into the United States, as immigrants or nonimmigrants, of noncitizens who were physically present within the Republic of South Africa during the 14-day period preceding their entry or attempted entry into the United States, is hereby suspended and limited subject to section 2 of this proclamation.
Sec. 2.  Scope of Suspension and Limitation on Entry.

(a)  Section 1 of this proclamation shall not apply to:

(i)     any lawful permanent resident of the United States;

(ii)    any noncitizen national of the United States;

(iii)   any noncitizen who is the spouse of a U.S. citizen or lawful permanent resident;

(iv)    any noncitizen who is the parent or legal guardian of a U.S. citizen or lawful permanent resident, provided that the U.S. citizen or lawful permanent resident is unmarried and under the age of 21;

(v)     any noncitizen who is the sibling of a U.S. citizen or lawful permanent resident, provided that both are unmarried and under the age of 21;

(vi)    any noncitizen who is the child, foster child, or ward of a U.S. citizen or lawful permanent resident, or who is a prospective adoptee seeking to enter the United States pursuant to the IR-4 or IH-4 visa classifications

(vii)   any noncitizen traveling at the invitation of the United States Government for a purpose related to containment or mitigation of the virus;

(viii)  any noncitizen traveling as a nonimmigrant pursuant to a C-1, D, or C-1/D nonimmigrant visa as a crewmember or any noncitizen otherwise traveling to the United States as air or sea crew;

(ix)    any noncitizen

(A)  seeking entry into or transiting the United States pursuant to one of the following visas:  A-1, A-2, C-2, C-3 (as a foreign government official or immediate family member of an official), E-1 (as an employee of TECRO or TECO or the employee’s immediate family members), G-1, G-2, G-3, G-4, NATO-1 through NATO-4, or NATO-6 (or seeking to enter as a nonimmigrant in one of those NATO categories); or

(B)  whose travel falls within the scope of section 11 of the United Nations Headquarters Agreement;

(x)     any noncitizen who is a member of the U.S. Armed Forces and any noncitizen who is a spouse or child of a member of the U.S. Armed Forces

(xi)    any noncitizen whose entry would further important United States law enforcement objectives, as determined by the Secretary of State, the Secretary of Homeland Security, or their respective designees, based on a recommendation of the Attorney General or his designee; or

(xii)   any noncitizen whose entry would be in the national interest, as determined by the Secretary of State, the Secretary of Homeland Security, or their designees.

(b)  Nothing in this proclamation shall be construed to affect any individual’s eligibility for asylum, withholding of removal, or protection under the regulations issued pursuant to the legislation implementing the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, consistent with the laws and regulations of the United States.

Sec. 3.  Implementation and Enforcement.  (a)  The Secretary of State shall implement this proclamation as it applies to visas pursuant to such procedures as the Secretary of State, in consultation with the Secretary of Homeland Security, may establish.  The Secretary of Homeland Security shall implement this proclamation as it applies to the entry of noncitizens pursuant to such procedures as the Secretary of Homeland Security, in consultation with the Secretary of State, may establish.

(b)  The Secretary of State, the Secretary of Transportation, and the Secretary of Homeland Security shall ensure that any noncitizen subject to this proclamation does not board an aircraft traveling to the United States, to the extent permitted by law.

(c)  The Secretary of Homeland Security may establish standards and procedures to ensure the application of this proclamation at and between all United States ports of entry.

(d)  Where a noncitizen circumvents the application of this proclamation through fraud, willful misrepresentation of a material fact, or illegal entry, the Secretary of Homeland Security shall consider prioritizing such noncitizen for removal.

Sec. 4.  Termination.  This proclamation shall remain in effect until terminated by the President.  The Secretary of Health and Human Services shall, as circumstances warrant and no more than 30 days after the date of this proclamation and by the final day of each calendar month thereafter, recommend whether the President should continue, modify, or terminate this proclamation.

Sec. 5.  Amendment.  Section 5 of Proclamation 9984 of January 31, 2020 (Suspension of Entry as Immigrants and Nonimmigrants of Persons Who Pose a Risk of Transmitting 2019 Novel Coronavirus and Other Appropriate Measures To Address This Risk), and section 5 of Proclamation 9992 of February 29, 2020 (Suspension of Entry as Immigrants and Nonimmigrants of Certain Additional Persons Who Pose a Risk of Transmitting 2019 Novel Coronavirus), are each amended to read as follows:

“Sec. 5.  Termination.  This proclamation shall remain in effect until terminated by the President.  The Secretary of Health and Human Services shall, as circumstances warrant and no more than 30 days after the date of the Proclamation of January 25, 2021, entitled “Suspension of Entry as Immigrants and Nonimmigrants of Certain Additional Persons Who Pose a Risk of Transmitting Coronavirus Disease 2019,” and by the final day of each calendar month thereafter, recommend whether the President should continue, modify, or terminate this proclamation.”

Sec. 6.  Effective Dates.  (a)  The suspension and limitation on entry set forth in section 1(a) of this proclamation is effective at 12:01 a.m. eastern standard time on January 26, 2021.  The suspension and limitation on entry set forth in section 1(a) of this proclamation does not apply to persons aboard a flight scheduled to arrive in the United States that departed prior to 12:01 a.m. eastern standard time on January 26, 2021.

(b)  The suspension and limitation on entry set forth in section 1(b) of this proclamation is effective at 12:01 a.m. eastern standard time on January 30, 2021.  The suspension and limitation on entry set forth in section 1(b) of this proclamation does not apply to persons aboard a flight scheduled to arrive in the United States that departed prior to 12:01 a.m. eastern standard time on January 30, 2021.

Sec. 7.  Severability.  It is the policy of the United States to enforce this proclamation to the maximum extent possible to advance the national security, public safety, and foreign policy interests of the United States.  Accordingly:

(a)  if any provision of this proclamation, or the application of any provision to any person or circumstance, is held to be invalid, the remainder of this proclamation and the application of its provisions to any other persons or circumstances shall not be affected thereby; and

(b)  if any provision of this proclamation, or the application of any provision to any person or circumstance, is held to be invalid because of the lack of certain procedural requirements, the relevant executive branch officials shall implement those procedural requirements to conform with existing law and with any applicable court orders.

Sec. 8.  General Provisions.  (a)  Nothing in this proclamation shall be construed to impair or otherwise affect:

(i)   the authority granted by law to an executive department or agency, or the head thereof; or

(ii)  the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.

(b)  This proclamation shall be implemented consistent with applicable law and subject to the availability of appropriations.

(c)  This proclamation is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.

IN WITNESS WHEREOF, I have hereunto set my hand this twenty-fifth day of January, in the year of our Lord two thousand twenty-one, and of the Independence of the United States of America the two hundred and forty-fifth.

JOSEPH R. BIDEN JR

SUPERCEEDING

Proclamation Terminating Restrictions on Entry of Certain Travelers from the Schengen Area, the United Kingdom, the Republic of Ireland, and Brazil
IMMIGRATION

Issued on: January 18, 2021
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In the wake of the unprecedented outbreak of COVID–19 in the United States, I took action to suspend and limit the entry of aliens recently present in certain foreign jurisdictions where significant COVID–19 outbreaks had occurred. These jurisdictions included the People’s Republic of China (excluding the Special Administrative Regions of Hong Kong and Macau), the Islamic Republic of Iran, the Schengen Area, the United Kingdom (excluding overseas territories outside of Europe), the Republic of Ireland, and the Federative Republic of Brazil.
Understanding that the nature of the threat posed by COVID‑19 would evolve over time, I directed the Secretary of Health and Human Services to make recommendations to me regarding whether to continue, modify, or terminate the restrictions that I had previously imposed. On January 12, 2021, the Centers for Disease Control and Prevention (CDC) issued an order, effective January 26, 2021, requiring proof of a negative COVID-19 test or documentation of having recovered from COVID-19 for all air passengers arriving from a foreign country to the United States. The Secretary has explained that this action will help to prevent air passengers from the Schengen Area, the United Kingdom, the Republic of Ireland, and the Federative Republic of Brazil from spreading the virus that causes COVID-19 into the United States, as it is the Secretary’s understanding that the vast majority of persons entering the United States from these jurisdictions do so by air.

Moreover, the Secretary expects cooperation from those jurisdictions in implementing the testing order. Public health officials in the jurisdictions have a proven record of working with the United States to share accurate and timely COVID-19 testing and trend data, and the United States has active collaborations with the jurisdictions regarding how to make travel safe between our respective countries. As a result of that record, the Secretary reports high confidence that these jurisdictions will cooperate with the United States in the implementation of CDC’s January 12, 2021, order and that tests administered there will yield accurate results.

This cooperation stands in stark contrast to the behavior of the governments and state-owned enterprises of the People’s Republic of China and the Islamic Republic of Iran, which repeatedly have failed to cooperate with the United States public health authorities and to share timely, accurate information about the spread of the virus. Those jurisdictions’ responses to the pandemic, their lack of transparency, and their lack of cooperation with the United States thus far in combatting the pandemic, cast doubt on their cooperation in implementing CDC’s January 12, 2021, order.

Accordingly, the Secretary has advised me to remove the restrictions applicable to the Schengen Area, the United Kingdom, the Republic of Ireland, and the Federative Republic of Brazil, while leaving in place the restrictions applicable to the People’s Republic of China and the Islamic Republic of Iran. I agree with the Secretary that this action is the best way to continue protecting Americans from COVID-19 while enabling travel to resume safely.

NOW, THEREFORE, I, DONALD J. TRUMP, President of the United States, by the authority vested in me by the Constitution and the laws of the United States of America, including sections 212(f) and 215(a) of the Immigration and Nationality Act, 8 U.S.C. 1182(f) and 1185(a), hereby find that the unrestricted entry into the United States of persons who have been physically present in the Schengen Area, the United Kingdom (excluding overseas territories outside of Europe), the Republic of Ireland, and the Federative Republic of Brazil is no longer detrimental to the interests of the United States and find that it is in the interest of the United States to terminate the suspension of entry into the United States of persons who have been physically present in those jurisdictions. Accordingly, I hereby proclaim:

Section 1. Terminations. Proclamation 9993 of March 11, 2020 (Suspension of Entry as Immigrants and Nonimmigrants of Certain Additional Persons Who Pose a Risk of Transmitting 2019 Novel Coronavirus), Proclamation 9996 of March 14, 2020 (Suspension of Entry as Immigrants and Nonimmigrants of Certain Additional Persons Who Pose a Risk of Transmitting 2019 Novel Coronavirus), and Proclamation 10041 of May 24, 2020 (Suspension of Entry as Immigrants and Nonimmigrants of Certain Additional Persons Who Pose a Risk of Transmitting 2019 Novel Coronavirus), are hereby terminated effective at 12:01 a.m. eastern standard time on January 26, 2021.

Sec. 2. General Provisions. (a) Nothing in this proclamation shall be construed to impair or otherwise affect:

(i) the authority granted by law to an executive department or agency, or the head thereof; or

(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.

(b) This proclamation shall be implemented in a manner consistent with applicable law and subject to the availability of appropriations.

(c) This proclamation is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.

IN WITNESS WHEREOF, I have hereunto set my hand this eighteenth day of January, in the year of our Lord two thousand twenty-one, and of the Independence of the United States of America the two hundred and forty-fifth.

DONALD J. TRUMP