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LCIP2009-2013 Romania Chapter 2-2 Released issue

by PIAC-SSNA Part I – Certification and supervision of ANSPs issued in the application of RACR-SSNA.

The Aviation Act (basic legislation) requires that the NSA is autonomous both administratively and financially and that it technically discharges its tasks in an independent manner. Even though the RCAA operates under the regulatory authority of MoT (State authority), the legal status of the RCAA deriving from its founding act (Gov. Decision no. 405/1993) ensures impartiality in the technical exercise of its NSA tasks.

Transparency is required by Law no. 52/2003 which establishes a set of requirements to this purpose to be complied to by any public authority (the RCAA as NSA is a public authority). Also, Art. 7(2) of MoT Order 1185/2006 requires that all the procedures adopted by RCAA for the discharge of its NSA role and tasks are published on RCAA's web-site.

Within RCAA the NSA’s role and tasks are discharged by several Departments and Units. Functional separation exists between the RCAA departments which fulfill the role and tasks of the NSA and the AIS Dept. within RCAA which provides aeronautical information services falling under the SARPs of ICAO Annex 15 (the whole integrated package of aeronautical information except for the PIBs).

According to RACR-SSNA ed. 2.0, in particular para RACR-SSNA.030, the effective separation within the organisation is ensured through the following means:

- There is clear, documented separation in the allocation of responsibilities at managerial and procedural levels between the NSA and AIS activities, according to the management mechanisms and procedures described in the RCAA Internal Manuals and procedural documents. The NSA activities do not employ at all or use seconded personnel from the AIS Dept. or from any other ANSP;

- The functional relationships between the two entities are established so that these ones work independently of each other, in a transparent and coherent way with regard to the aims that RCAA must achieve, in accordance with community and national applicable legislation. At the same time, there are no hierarchical relationship between the two entities. The reporting line of the AIS Dept. is directly and exclusively to the Director general of RCAA and there is no direct reporting relation between the AIS Dept. and any of the RCAA Depts. discharging NSA role and tasks. Similarly, the reporting line of the group of senior executive RCAA/NSA responsibles for decision-making in the certification of the ANSPs is also direct and exclusively to the Director General RCAA. However, the latter only signs a certificate, based on decision taken by the group of senior executive NSA responsibles.

- There is total separation ensured between the costs & revenues accountabilities for each of these activities - NSA and AIS provision. Control mechanisms of the budgetary allocation and accounts are applied at the level of the body as well as an internal and/ or external audit of each of the entities.”

The number of staff (in full-time equivalents) working for RCAA as NSA on December 2008 was 49. The NSA personnel does not simultaneously perform tasks as ANSP personnel on a part-time basis.

Specific inspections & surveys delegated (or intended to be) to Recognised Organisations

None

Changes since previous Annual Report (AR):

MoT-DGCA: No organisational/structural changes since previous Annual Report. RCAA: RACR-SSNA ed. 2.0/2008 does not introduce any organisational/structural change versus previous edition (RACR-SSNA, ed. 1.0/2006). However, under RCAA Management Board Decisions several organisational changes has been apllied during 2008, in compliance with the requierments set up through art. 4 of the SES Framework Regulation and also with RACR-SSNA ed. 2.0, in particular para RACR-SSNA.030. The current organisational structure of RCAA, approved by Management Board Decision no 16, dated 27.11.2008, is very similar with that which was valid at the date of previous SES annual report.

LCIP2009-2013 Romania Chapter 2-3 Released issue

Areas of Responsibility (as per art. 2.1 (SP-R):

CIV MIL Additional Information

ATS Y N/A

CNS Y N/A

AIS Y N/A

AFIS N N/A

MET Y N/A

Areas of Responsibility (as per other art./reg.):

CIV MIL Additional Information

Notified to the EC

Date of correspondence

ATCO Licensing Y N/A N

Engineering & Tech. Staff Y N/A N

Access ANSPs accounts Y N/A N

Economic oversight Y N/A Other entities involved in the economic oversight are MoT and MoF

N

Interoperability Y N/A N

Changes since previous AR:

MoT-DGCA: The main activities undertaken by MoT-DGCA as NSA during 01 July 2007 and 31 December 2008: - on-going oversight of ROMATSA and AIS Dept. with regards to the security requirements according to Annual Monitoring Programme - certified ANSPs documentation review - certification process for AIS Dep. (a new certificate issued in June 2008) - maintain security oversight records - annual security oversight reporting - drafting the amendment to the national civil aviation security programme (Government Decision No. 533/2008) in order to transpose the provisions of ICAO Annex 17 8th Edition. RCAA: The main activities undertaken by RCAA as NSA during 01 July 2007 and 31 December 2008: - on-going oversight of ROMATSA and AIS Dept, including safety regulatory audits according to Annual audit programmes - inspections - certified ANSPs documentation review - certification process for AIS Dep. (a new certificate issued in June 2008) - safety oversight of changes to functional systems - maintain safety oversight records - annual safety oversight reporting - licensing of ATCOs, technical staff (CNS), AIS staff, MET staff - drafting national regulations in order to transpose the Amendments to the relevant ICAO Annexes, according to the requirements set up through Commission Regulation (EC) No 668/2008, as follows: - RACR-ATS, ed. 2/2008 – transposing into national legislation ICAO Annex 11, including Amendments 43, 44 and 45 (approved by MoT Order no. 605/2008, published in Monitorul Oficial no. 411/02.06.2008) - Amendment to the RACR-RA, ed. 02/2006 - transposing into national legislation ICAO Annex 2, including Amendment 41 (approved by MoT Order no. 25/2008, published in Monitorul Oficial no. 49/22.01.2008) - RACR – HA, ed. 2/2008 - transposing into national legislation ICAO Annex 4, including Amendment 54 (approved by MoT Order no. 673/2008, published in Monitorul Oficial no. 471/26.06.2008) - RACR – AIS, ed. 2/2008 - transposing into national legislation ICAO Annex 15, including Amendment 34 (approved by MoT Order no. 669/2008, published in Monitorul Oficial no. 468/24.06.2008) - RACR – ASMET, ed. 4/2008 - transposing into national legislation ICAO Annex 3, including Amendment 74 (approved by MoT Order no. 1553/2008) - RACR – CNS, ed. 1 – transposing into national legislation ICAO Annex 10, Volume I,

LCIP2009-2013 Romania Chapter 2-4 Released issue

Volume II, Volume III, Volume IV, Volume V including all amendments up to 82 – for the time being, this is a draft in a final stage and during the first quarter of 2009 will be subject to approval by MoT Order - adopting procedural documents to implement and apply the above mentioned national regulations (such as PIAC-ATS, ed. 02/2008, approved by the Director general of the RCAA Decision no. D 1945/ 04.11.2008 and published on RCAA's web-site) - drafting national regulation in order to transpose Directive 2006/23/CE and related procedural documents (RACR-LCTA, ed. 1/2008, approved by MoT Order 794/2008, published in Monitorul Oficial no 561/24.07.2008) - update the specific tasks, including Job Descripsions for the staff working for RCAA as NSA, taking into account the (new) SES and national legislation.

Additional

information: MoT-DGCA: Main difficulties encountered in carrying out the NSA’s functions: - lack of personnel - lack of detailed guidelines at Community . regard to the implementation of the SES security requirements RCAA: Main difficulties encountered in carrying out the NSA’s functions: - lack of personnel - monitoring and assessment of the levels of safety achieved, in particular for ATFM and ASM - drafting documented procedures for the implementation of safety objectives, safety requirements and other safety-related conditions identified in EC declarations of verification of systems, EC declaration of conformity or suitability for use of constituents of systems as well as in risk assessment and mitigation procedures, mainly those required by safety regulatory requirements applicable to ATFM and ASM - drafting documented procedures and guidance material in order to implement art. 9 Regulation 1315/2007 regarding review procedure of the proposed changes - update the documentation specifically intended to provide safety oversight personnel with guidance to perform their functions, in particular in accordance with the (new) IOp IRs - assessment in due time of the human resources needed to perform safety oversight functions, due to the major changes of the applicable regulatory framework (including SES II and further EASA’s competences extension) and also to the lack of information regarding appropriate / certified training organization for the staff working for NSA, specialized for each category of requirements in order to ensure specific training - difficulties to oversee functional separation within RCAA - planned independent financial audit for ANSP within RCAA.

2.2 ANSP Certification, Designation & Cross-Border ANS Provision

2.2.1 Certification All certified ANSPs in Romania are presented below

Services for which it has been Certified Name of the ANSP ATS AFIS AIS CNS MET

Date of Certif.

Valid until Derogation Granted

Conditions Attached

Regia Autonoma Romanian Air Traffic Services Administration – ROMATSA

Y N Y (only PIB)

Y Y 15/12/06 and

Amd.1 27/12/06

15/12/12

15/12/12

N Y

AIS Dept. within RCAA N N Y (except

PIB)

N N CN 02: 20/06/07 CN 03:

20/06/08

20/06/08

20/06/09

N Y

Changes since

previous AR: For AIS Dept. within RCAA has been undertaken a certification audit and therefore a new certificate was issued (CN 03/20.06.2008, valid until 20.06.2009). The conditions attached to this certificate are the same as the previous ones.

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2.2.2 Designation The status of designation of ATS and MET Providers in Romania is presented below:

State authority responsible for Designation MoT

Type of Service

Name of the Service Provider / Airspace under its responsibility

Date of Desig.

Valid until Conditions attached

ATS Regia Autonoma Romanian Air Traffic Services Administration – ROMATSA

21/12/06 N

MET Regia Autonoma Romanian Air Traffic Services Administration – ROMATSA

21/12/06 N

The State/ANSP received an offer of services from another certified ANSP having its principal place of operation in another Member State:

N

Changes since previous AR:

No change

2.2.3 Arrangements for Cross-Border ANS provision: The following two tables present the cross-border provision of Air Navigation Services involving Romania, both for ATS and, separately for other ANS as foreseen in particular by the Service Provision Regulation in Preamble (13).

2.2.3.1 Cross-Border provision of ATS

ATS Services provided TO:

Area(s) Agreement with the State concerned on the supervision of the ATSP(s):

N/A N/A N Harmonisation of the airspace, optimised ATS routes, CBA (Cross Border Areas) design, new sectors design, redistribution of ATS responsibilities between the two centres for the new sector configuration shall be optimised and a single operational concept for the FAB shall be developed during Phase 2 – Preliminary Design and Phase 3 – Detailed Design and Pre-Implementation of the DANUBE FAB Project (see 2.7 below). The parties involved intend to finalise the negociations on The International DANUBE FAB Agreement until May 2011, so that it becomes effective on the ratification date.

ATS Services provided FROM:

Area(s) Agreement with the State concerned on the supervision of the ATSP(s):

N/A N/A N See above.

Changes since previous AR:

No change

2.2.3.2 Cross-Border provision of other ANS

Cross-Border provision of other ANS than ATS N

N/A

2.3 Ongoing Compliance Name of the NSAs: Romanian Civil Aeronautical Authority

MoT-DGCA – for security matters

The NSAs have produced Inspection Programmes (as per Art. 7 of SP-IR-CR):

RCAA Y

MoT-DGCA Y

Further to the certification of the ANSPs, the NSAs have verified compliance with the Common Requirements in the following areas since the last Annual Report:

Organisational Structure and Management Y - ROMATSA, HQ as well as the following locations: DSNA Sibiu, DSNA Targu-Mures, DR Bucuresti, DSNA Bucuresti,

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DSNA Craiova, DSNA Timisoara, DR Arad, DSNA Cluj, DSNA Oradea; and - AIS Dept. within RCAA

Safety Management System Y - ROMATSA, HQ as well as the following locations: DR Constanta, DSNA Tulcea, DSNA Sibiu, DSNA Targu-Mures, DR Bucuresti, DSNA Bucuresti, DSNA Craiova, DSNA Timisoara, DR Arad, DSNA Cluj, DSNA Oradea, - AIS Dept. within RCAA – only applicable Common Requirements concerning safety management (Regulation (EC) no. 2096/2005, Annex I, Section 3, point 3.1 together with relevant provisions of Annex IV)

Operation Manuals Y - ROMATSA, HQ as well as the following locations: DR Constanta, DSNA Tulcea, DSNA Sibiu, DSNA Targu-Mures, DR Bucuresti, DSNA Bucuresti, DSNA Craiova, DSNA Timisoara, DR Arad, DSNA Cluj, DSNA Oradea - AIS Dept. within RCAA

Security Management System Y Request to both ANSPs to file reports with updated measures taken to implement security requirements. Analyse of the above-mentioned reports concluded that security inspection should be scheduled for 2009 Annual Monitoring Programme.

Policies for Recruitment and Training of Personnel

Y - ROMATSA, HQ as well as the following locations: DSNA Targu-Mures, DSNA Bucuresti, DSNA Timisoara, DR Arad, DSNA Cluj, DSNA Oradea; and - AIS Dept. within RCAA

Financial Audits Y - ROMATSA, HQ (financial results for 2007 were subject to an independent financial audit, undertaken by BDO Conti Audit SRL, according to Regulation (EC) no. 550/2004, art. 12, para (2)). - AIS Dept. within RCAA (financial results for 2007 were subject to a certification audit in May 2008)

Liability and Insurance Cover Y - ROMATSA: documentation review (in Explanatory Memorandum, ed. 3.0, dated 01.09.2008, Chapter 2, Part. I, Section ANSPCRA 1.7 is mentioned: “Starting 1st October 1994 and until now ROMATSA has concluded the Civil Responsibility Insurance Policy for third parties, currently being in force contract no. 282/04.12.2007, having the scope: “Civil Responsibility against third parties for any sort of damages produced by ROMATSA to natural or legal persons related to or following the supply of ANS (route and terminal), covering possible risks until a coverage of 600,000,000 EURO” “; - AIS Dept. within RCAA Comment: To be noted that according to our national procedure PIAC-SSNA, Part I, this requirement has to be verified on site every six years

Contingency Plans Y - ROMATSA, HQ as well as the following locations: DR Constanta, DSNA Sibiu, DSNA Targu-Mures, DR Bucuresti, DSNA Bucuresti, DSNA Craiova, DSNA Timisoara, DR Arad, DSNA Cluj - AIS Dept. within RCAA

Set up of a Quality Management System Y - ROMATSA, HQ as well as the following locations: DR Constanta, DR Bucuresti, DSNA Timisoara, - AIS Dept. within RCAA

Production of a Business Plan and an Annual Plan (including demonstration of economic and financial capacity):

Y - ROMATSA HQ - AIS Dept. within RCAA

Provision of an Annual Report: Y - ROMATSA Head Quarters (Annual Reports for 2006 and 2007 are available only on paper and CD, in Romanian and English languages) as well as the following locations: DSNA Craiova - AIS Dept. within RCAA (AIS Dept. within RCAA is part of RCAA Annual Report, available on paper)

LCIP2009-2013 Romania Chapter 2-7 Released issue

2.4 Consultation of stakeholders

The State has implemented a formal consultation mechanism for the involvement of stakeholders in SES implementation:

Y

Since the last Annual Report, the following stakeholders have been consulted on the following topics:

ANSPs Y - ad-hoc created forum: ROMATSA - DSNA Craiova, Craiova Airport Administration and RCAA - consultation by correspondence according to RACR 11, in particular between RCAA and ANSPs before finalising the drafts of national regulations and procedures related to ANS/ ATM

- building restricted areas around Oradea Airport, Cluj Airport, Bucuresti Henri Coanda Airport, Bucuresti Aurel Vlaicu Airport - operational programme for Craiova Airport, as published in AIP Romania - RACR-ATS, ed. 02/2008; - RACR-AIS, ed. 02/2008; - RACR-HA, ed. 02/2008; - RACR-ASMET, ed.4/2008 - RACR-LCTA, ed. 01/2008; - PIAC-ATS, ed. 01/2008; - PIAC-LCTA, ed. 02 – currently in final stage of drafting;

Airports Y - ad-hoc created fora: ANSP, Airport Administration and RCAA

- building restricted areas around Oradea Airport, Cluj Airport, Bucuresti Henri Coanda Airport, Bucuresti Aurel Vlaicu Airport

Airspace Users Representative

Orgs.

Y - consultation by correspondence between RCAA and airspace users

- implementation of Regulation (CE) no. 1265/2007 (8,33kHz)

Professional staff representative

bodies

Y - formal consultation by correspondence and several bilateral meetings ROMATSA - RCAA

- RACR-LCTA (draft) - PIAC-ATS (draft) - special dedicated law for ATCOs - PIAC-LCTA (draft)

Manufacturing industry

N N/A

N/A

Military Y - formal consultation by correspondence between RCAA, MoT and MoD

Other Y - formal consultation between RCAA as NSA and MoT DGCA as NSA for security matters, according to PIAC SSNA, Part I, ed. 01/2006

- Certification process of AIS Dept. within RCAA

2.5 ATCO Licensing Transposition of SP-D-ATCO Fully

transposed Civil Aviation Aeronautical Regulation “Air Traffic Controllers Licensing”, Ed. 1, approved by MoT- Order no. 794/2008, published in Monitorul Oficial no. 561/24.07.2008, transposing into national legislation the provisions of the Directive 2006/ 23/ EC. PIAC – LCTA, ed. 03 is currently under final stage of drafting

Communication to the EC of the national provisions enforced to comply with SP-D-ATCO

N

Certified ATCO training providers (as per Art. 10):

N - No applications have been received yet - To adopt during the first semester of 2009 a national procedure for certification of ATCO training providers

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Provisions of Art. 8 on ‘Linguistic Requirements’ implemented:

Y Civil Aviation Aeronautical Regulation “Air Traffic Controllers Licensing”, Ed. 1, approved by MoT- Order no. 794/2008, published in Monitorul Oficial no. 561/24.07.2008, transposing into national legislation the provisions of the Directive 2006/ 23/ EC.

Aside from the two articles specified above, progress of implementation of SP-D-ATCO:

PIAC – LCTA, ed. 03 is currently under final stage of drafting

Changes since previous AR:

Transposition of SP-D-ATCO

2.6 Airspace Full implementation of the Airspace Regulation in the State foreseen for:

N/A Full implementation was made on 27.11.2003

Application of the airspace regulation to airspace under the responsibility of the State outside the ICAO EUR or AFI regions:

N/A

Current division flight level between upper and lower airspace: FL285

The State has implemented airspace classification and access of flights operated under VFR above FL 195:

Y

The State has introduced additional rules with respect to access or operation of VFR flights above FL 195:

Y

Between FL 195 and FL 280 N There have been requests for TSA(s) (or equivalent) for GAT flying under VFR, as encompassed within the rules governing access for GAT VFR flights within this airspace: FL 285 and above N

Changes since

previous AR: No changes.

2.7 FABs

FAB initiative: DANUBE FAB

Launched in: Oct. 2004

States involved: Romania, Bulgaria

Feasibility: Start: Sep. 2007 End: February 2008

Progress: Finished

The final report for Stage 1, proposing various scenarios, was accepted by ATSA Bulgaria and ROMATSA on February 2008 stating the decision to further analyse the recommended option “Partial Integration”. Definition: Start: March 2008 End: July 2008 Progress: Finished The final Report for Stage 2 delivered by INTEGRA A/S was received and accepted by ATSA Bulgaria and ROMATSA on July 2008 and decided to be used as guidance for the two ANSPs for future phases regarding the implementation of the DANUBE FAB. Development: Start: Early 2009 End: Mid 2011 Progress: Ongoing According to Roadmap milestones Phase 2: Preliminary Design Phase and according to Roadmap milestones Phase 3: Detailed Design and Pre-Implementation, subject to the finalisation of the negociatiations on the DANUBE FAB State Level Agreement, until May 2011. Pre-Implementation

Start: Mid 2011 End: Automn 2012

Progress: Planned

According to Roadmap milestones Phase 3: Detailed Design and Pre-Implementation, subject to entry into force of the DANUBE FAB State Level Agreement (date of the ratification by the States). Implementation Start: Automn 2012 End: 2013+ Progress: Planned According to Roadmap milestones Phase 4: Implementation (step-by-step). Several implementing activities will be started in paralell with Phase 3: Detailed Design and Pre-Implementation.

There is a formal agreement between the States involved on the supervision of the ANSP(s) providing services in this FAB:

N

LCIP2009-2013 Romania Chapter 2-9 Released issue

Subject to the formal approval at appropriate state level and also taking into account further modification on SES and EASA legislation, in case of DANUBE FAB there are theoretically two possibilities:

- all the issues regarding supervision in FAB will be included into the Agreement at State Level regarding FAB establishment; and/or

- general issues on this matter will be included in such an Agreement and a detailed and specific agreement between all the NSAs involved in FAB supervision will be further negotiated and concluded on the basis of Agreement at State Level regarding FAB establishment.

There is an agreement in principle concerning the joint designation of the ATSPs within the FAB: N

During the feasibility study, the joint designation of the ATSPs was not developed, this aspect remaining to be taken into consideration on further phases of the DANUBE FAB Project.

Changes since previous

Annual Report (AR): “Phase 1: Feasibility Study” (Stage 1 – High Level Study and Stage 2 – Detailed Study of the Preferred Option) was successfully completed, being on the process of preparing for the beginning of the necessary activities of Phase 2 - Preliminary Design Phase.

Additional information: N/A

2.8. Interoperability

2.8.1 NSA’s responsibilities

Name of the NSA: Romanian Civil Aeronautical Authority MoT-DGCA – for security matters

The NSA has defined and allocated tasks and responsibilities in accordance with the IO-R:

Y

The NSA has developed Process Descriptions defining the supervision of compliance as defined in the IO-R:

Y

- Address the definition of systems subject to verification according to ANNEX I:

Y According to PIAC-SSNA, Part III, ed. 1/2006 pct. 2.3.1 an ANSP has the responsibility to identify all the individual systems/ functional systems that has to be subject to verification, taking into account Annex I to Regulation (CE) no. 552/2004 as well as the applicable interoperability implementing rules.

- Specify the scope of the verification of the material provided by the ANSP:

Y

- Define how to proceed in case of conformity:

Y

- Define how to proceed in case of non-conformity:

Y

These:

- Define ‘templates’ (e.g. for the declaration): Y Only for EC Declaration of verification of systems (see Annex 1 to PIAC SSNA, Part III, ed. 1/2006)

2.8.2 Notified Bodies The table below shows the list of notified bodies appointed in Romania

Name Area of Responsibility Date of notification to the EC

ID number obtained from the EC

Have the ANSP(s) requested their services since the last AR?

N/A

2.8.3 Verification of Compliance This section covers the status of compliance of the State with regards to the IO-R and the associated Implementing Rules in place.

2.8.3.1 Regulation (EC) No 552/2004 on Interoperability

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Number of EC Declarations of verifications of systems put into service after the 20th of October 2005 issued until 31.12.2008:

15 after 1 Jan 2007; 29 from 20 Oct 2005 to 31 Dec 2006

ANSP: ROMATSA System Concerned

Sistem CIDIN/AFTN instalat la CDZ Bucureşti

Type of system

Ground-ground communications

Decl. date

26/01/2007

ANSP: ROMATSA System Concerned

System for accessing data from EAD

Type of system

Ground-ground communications

Decl. date

04/01/2007

ANSP: ROMATSA System Concerned

DVOR DME Strejnic

Type of system

Navigation Decl. date

05/02/2007

ANSP: ROMATSA System Concerned

AWOS Aurel Vlaicu Bucureşti International Airport

Type of system

Meteorological information to ATC

Decl. date

25/05/2007

ANSP: ROMATSA System Concerned

ILS-DME Băneasa RWY 07

Type of system

Navigation Decl. date

10/12/2007

ANSP: ROMATSA System Concerned

PBS/MET Lotus Type of system

Meteorological information in pre-flight information phase

Decl. date

16/11/2007

ANSP: ROMATSA System Concerned

ROMAMUX Otopeni and Băneasa International Airports

Type of system

Ground-ground communications

Decl. date

30/07/2008

ANSP: ROMATSA System Concerned

ILS-DME Sibiu RWY 27

Type of system

Navigation Decl. date

26/08/2008

Number of EC Declarations of conformity or suitability for use of constituents1 issued until 31.12.2008:

Manufacturer Kepler Rominfo S.A Constituent Concerned

Software ROMAWOS 3.0

Decl. date

25/05/2007

Manufacturer ROMATSA Constituent Concerned

PBS MET Lotus hardware and software

Decl. date

28/08/2007

Manufacturer ROMATSA Constituent Concerned

ROMAMUX hardware and software

Decl. date

30/06/2008

The NSA(s) ascertained non-compliance cases from the above EC Declarations, leading to safeguard measures.

N

Communicated to the Commission

N/A Concerned System/Constituent

Date and Ref of the Communication

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2.8.3.2 Regulation (EC) No 1032/2006 on Coordination and Transfer

Has the ANSP(s) implemented the processes related to notification and initial coordination between ACCs in compliance with this Regulation?

Y ATSA Bulgaria SMATSA HUNGAROCONTROL UkSATSE Notification: ACC BUCHAREST – ACC SOFIA ACC BUCHAREST – ACC ODESA ACC BUCHAREST – ACC SIMFEROPOL Initial Coordination: ACC BUCHAREST – ACC SOFIA ACC BUCHAREST – ACC BEOGRAD ACC BUCHAREST – ACC BUDAPEST ACC BUCHAREST – ACC LVIV ACC BUCHAREST – ACC ODESA ACC BUCHAREST – ACC SIMFEROPOL Revision of Coordination: ACC BUCHAREST – ACC SOFIA ACC BUCHAREST – ACC ODESA ACC BUCHAREST – ACC SIMFEROPOL Abrogation of Coordination ACC BUCHAREST – ACC SOFIA ACC BUCHAREST – ACC ODESA ACC BUCHAREST – ACC SIMFEROPOL Pre-Departure notification and coordination: ACC BUCHAREST – ACC SOFIA ACC BUCHAREST – ACC ODESA ACC BUCHAREST – ACC SIMFEROPOL Please note that, according to art. 11 of Regulation (EC) no. 1032/2006, “it shall apply from 1st January 2009 to all EATMN systems referred to in art. 1(2) in respect of the revision of coordination, the abrogation of coordination, the basic flight data and the change to the basic flight data processes”. At the same time, “it shall apply from 31 December 2012 to all EATMN systems referred to in art. 1(2) in operation by that date.” Consequently, for the reporting period this Regulation is not applicable.

Has the ANSP(s) implemented any of the following processes between ATC units other than ACCs in compliance with this Regulation?

Notification N There is a common national synchronized system covering all APP and TWR units, therefore the provisions of Article 1 para. (3) from Regulation (EC) No 1032/2006 are applicable.

Initial Coordination N See above.

Revision of Coordination N See above.

Abrogation of Coordination N See above.

Basic Flight Data Y BFD messages not implemented. Alternative means of compliance in place.

Change to Basic Flight Data Y CFD messages not implemented. Alternative means of compliance in place.

Has the ANSP(s) implemented any of the following optional processes in compliance with this Regulation?

Pre-Departure notification and coordination

Y ACC, TWR

Change of frequency N By the end of 2009.

Manual assumption of COM processes

N Concept under development

Has the ANSP(s) implemented the civil-military flight data processes between their systems and these of controlling military units?

N

Has the ANSP used the “EUROCONTROL Specification for On-Line Data Interchange

Y

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(OLDI)” as means to achieve compliance with the Regulation?

Has the ANSP used the “EUROCONTROL Specification for ATS Data Exchange Presentation (ADEXP)” as means to achieve compliance with the Regulation?

N ICAO format is used for OLDI messages

2.8.3.3. Regulation (EC) No 633/2007 on flight message transfer protocol

Has the ANSP(s) implemented the flight message transfer protocol in compliance with this Regulation?

N Will be implemented by January 2011. Please note that, according to articles 7 and 8 of Regulation (EC) no. 633/2007, for the reporting period this Regulation is not applicable.

Has the ANSP used the “EUROCONTROL Specification for the Flight Message Transfer Protocol” as means to achieve compliance with the Regulation?

N Will be implemented by January 2011

2.8.3.4. Regulation (EC) No 1033/2006 on procedures for flight plans in pre-flight phase

Note: according to article 6 of Regulation (EC) no. 1033/2007, for the reporting period this Regulation is not applicable.

Has the NSA verified the compliance of the ANSP(s) with this Regulation? N

Has the State taken any measures to ensure the compliance of the Operators with this Regulation?

N

Has the State taken any measures to ensure the compliance of the IFPS with this Regulation?

N

Has the ANSP used the “EUROCONTROL Specification for the Initial Flight Plan” as means to achieve compliance with the Regulation?

N

Has the ANSP used the “EUROCONTROL Specification for ATS Data Exchange Presentation (ADEXP)” as means to achieve compliance with the Regulation?

N

2.8.3.5. Regulation (EC) No 1265/2007 on air-ground voice channel spacing

Is the ANSP(s) in compliance with this Regulation? N Partial compliance. Not all sectors with lower limit at or above FL195 have 8,33kHz channel.

Has the State communicated to the EC any exceptional circumstances preventing ANSPs to comply with Art. 3.3?

N

Has the State communicated to the EC the lists of State aircraft that will not be equipped with 8.33 kHz radios, in order to benefit from the transitional arrangements?

Y MoT Letter ref. 38/094 dated 14.01.2008

Has the State taken any measures to ensure the compliance of the Operators with this Regulation?

Y Operators were informed about the regulation

Has the State ascertained non-compliances with this regulation leading to corrective measures?

N

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2.9. Air Navigation Charging

2.9.1. Charging zones

2.9.1.1. En-route Charging Zone(s)

En-route Charging Zone(s) Nr Description

Romania 1 Bucuresti Flight Information Region

2.9.1.2. Terminal Charging Zone(s)

Terminal Charging Zone(s) Nr Description

Bucharest Airports 1 Covering LROP and LRBS

Regional Airports 2 Covering 14 airports: LRAR, LRBC, LRBM, LRCK, LRCL, LRCV, LRIA, LROD, LRSB, LRSM, LRSV, LRTC, LRTM and LRTR

Decision by the State to: Additional Information Notified to

the EC Date of correspondence

Defer the application of Articles 9 and 11 to15 for terminal

Y Until 1 January 2010 Y 5 Apr 2007

Exempt ANS provided at Airports with less than 50.000

Commercial Movements per year from the application of the

Regulation

N State may decide until 1 January 2010 on applicability of Regulation 1794/2006 on some airports with less than 50.000 Commercial Movements per year

N N/A

N/A N/A Exempt ANS provided at Airports with less than 150.000

Commercial Movements per year from the application of Art. 11

and 13 of the Regulation

N N/A

Publication of final

assessment

N/A

Changes since previous AR:

No change

2.9.2. Appeal/Review Procedure

Description of the review / appeal procedure for the decisions taken pursuant to the Charging Regulation

The appeal/review procedure is under development.

2.9.3. Enforcement measures for the collection of air navigation charges

Enforcement measures applied for the collection of air navigation charges Y

Aerodrome administrators have the right to hold a civil aircraft on the ground when aerodrome and/or air navigation charges have not been paid until the debt is extinguished or until sufficient guarantees have been constituted and those guarantees have been accepted by the aerodrome administrator. Art. 31 (5) Law 399/27.12.2005 for the amendment of the Air Act published in the Romanian Official Journal nr. 22 of 10.01.2006.