EN
9.5.2013 Official
Journal
of
the
European
Union L
127/23
COMMISSION IMPLEMENTING REGULATION (EU) No 428/2013
of 8 May 2013
amending Regulation (EC) No 1033/2006 as regards the ICAO provisions referred to in Article 3(1)
and repealing Regulation (EU) No 929/2010
(Text with EEA relevance)
THE EUROPEAN COMMISSION,
(4) Regulation
(EC)
No
1033/2006
should
therefore
be
amended accordingly.
Having regard to the Treaty on the Functioning of the European
Union,
(5) The
measures
provided
for
in
this
Regulation
are
in
Having regard to Regulation (EC) No 552/2004 of the European
accordance with the opinion of the Single Sky
Parliament and of the Council of 10 March 2004 on the inter
Committee,
operability of the European Air Traffic Management network
(the interoperability Regulation) (
HAS ADOPTED THIS REGULATION:

1 ), and in particular Article 3(5)
thereof,
Article 1
Whereas:
The text of the Annex to Regulation (EC) No 1033/2006 is
(1) The
Annex
to
Commission
Regulation
(EC)
No replaced by the following:
1033/2006 of 4 July 2006 laying down the requirements
on procedures for flight plans in the pre-flight phase for
‘ICAO provisions referred to in Article 3(1)
the single European sky ( 2 ) refers to various provisions
1. Chapter 3, Section 3.3 (Flight plans) of ICAO Annex 2 —
applying to the submission, acceptance and distribution
Rules of the Air (10th edition of July 2005 including all
of flight plans, as well as to changes to key items in a
amendments up to No 42).
flight plan in the pre-flight phase, which are laid down
by the International Civil Aviation Organisation (here
2. Chapter 4, Section 4.4 (Flight plans) and Chapter 11,
inafter ICAO). Since the adoption of Regulation (EC)
Paragraph 11.4.2.2 (Movement messages) of ICAO
No 1033/2006 and Commission Regulation (EU) No
PANS-ATM Doc. 4444 (15th edition of 2007 including
929/2010 of 18 October 2010 amending Regulation
all amendments up to No 4).
(EC) No 1033/2006 as regards the ICAO provisions
referred to in Article 3(1) ( 3 ) those provisions have
3. Chapter 2 (Flight plans) and Chapter 6, Paragraph 6.12.3
been amended by ICAO.
(Boundary estimates) of Regional Supplementary
(2) The
references
in
Regulation
(EC)
No
1033/2006
should
Procedures, Doc. 7030, European (EUR) Regional Supple
be updated in order to meet the international legal
mentary Procedures (5th edition of 2008 including all
obligations of Member States and ensure coherence
amendments up to No 7).’.
with the international regulatory framework.
Article 2
(3) Final
ICAO
provisions
on
flight
plan
2012
were
approved and were to be applied from 15 November
Regulation (EU) No 929/2010 is repealed.
2012. As a result, this Regulation should apply from
15 November 2012. As the publication of said ICAO
Article 3
provisions occurred only on 30 December 2012, they
This Regulation shall enter into force on the day of its
could not be referenced in time before 15 November
publication in the Official Journal of the European Union.
2012. Therefore this Regulation should apply retro
actively.
It shall apply from 15 November 2012.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 8 May 2013.
For the Commission
The President
José Manuel BARROSO
( 1 ) OJ L 96, 31.3.2004, p. 26.
( 2 ) OJ L 186, 7.7.2006, p. 46.
( 3 ) OJ L 273, 19.10.2010, p. 4.

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Document Outline

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