Commission Delegated Regulation (EU) 2025/1044 of 23 May 2025 supplementing Regulation (EU) 2018/1139 of the European Parliament and of the Council with detailed rules and procedures on the acceptance of air traffic controller licences and certificates issued by third countries

Official Journal EN of the European Union L series 2025/1044 6.8.2025 COMMISSION DELEGATED REGULATION(EU) 2025/1044 of 23 May 2025 supplementing Regulation (EU) 2018/1139 of the European Parliament and of the Council with detailed rules and procedures on the acceptance of air traffic controller licences and certificates issued by third countries THE EUROPEAN COMMISSION, Having regard to the Treaty on the Functioning of the European Union, Having regard to Regulation (EU) 2018/1139 of the European Parliament and of the Council of 4 July 2018 on common rules in the field of civil aviation and establishing a European Union Aviation Safety Agency, and amending Regulations

(EC) No 2111/2005, (EC) No 1008/2008, (EU) No 996/2010, (EU) No 376/2014 and Directives 2014/30/EU and 2014/53/EU of the European Parliament and of the Council, and repealing Regulations (EC) No 552/2004 and (EC) No 216/2008 of the European Parliament and of the Council and Council Regulation (EEC) No 3922/91(1), and in particular Article 68(3) thereof,

Whereas:

(1) The availability of air traffic controllers in the Union, as well as the limited flexibility in the use of the available air traffic controller resources have been identified as factors restricting the capacity of air navigation service providers and thus leading to air traffic delays in the Union.

(2) Commission Regulation (EU) 2015/340(2) lays down the technical requirements and administrative procedures relating to air traffic controllers (‘ATCO’) licences and certificates. However, that Regulation does not provide for the acceptance of third-country air traffic controller licences and certificates.

(3) In order to meet existing and growing demand for ATCO capacity in the Union, both in regard to operational air traffic controllers and air traffic controllers in the capacity of practical instructors and assessors for air traffic controller training, national authorities should be able to accept licences, certificates and other relevant documentation attesting compliance with civil aviation rules, which were issued in accordance with the law of a third country. The purpose of the acceptance of those documents is to enable the issue of student air traffic controller licences or the provision of instruction and assessment for air traffic controller training organisations that are certified to provide initial training.

(4) This Regulation aims at ensuring an equivalent level of safety to that provided for in Regulations (EU) 2018/1139 and

(EU) 2015/340.

(5) This Regulation provides the possibility for shorter training periods prior to the issuing of a Union student air traffic controller licence, as well as the possibility of the allocation of additional resources for conducting initial training.

Consequently, air navigation service providers would have the options to increase the capacity of their service provision more rapidly, where the need would arise.

(6) In accordance with Article 68(1) of Regulation (EU) 2018/1139, where international agreements on the subject matter of this Regulation are concluded between the Union and a third country, those agreements prevail; in all other cases this Regulation applies,

(1) OJ L 212, 22.8.2018, p. 1, ELI: http://data.europa.eu/eli/reg/2018/1139/oj.

(2) Commission Regulation (EU) 2015/340 of 20 February 2015 laying down technical requirements and administrative procedures relating to air traffic controllers’ licences and certificates pursuant to Regulation (EC) No 216/2008 of the European Parliament and of the Council, amending Commission Implementing Regulation (EU) No 923/2012 and repealing Commission Regulation (EU) No 805/2011 (OJ L 63, 6.3.2015, p. 1, ELI: http://data.europa.eu/eli/reg/2015/340/oj).

ELI: http://data.europa.eu/eli/reg_del/2025/1044/oj 1/4EN OJ L, 6.8.2025

HAS ADOPTED THIS REGULATION:

Article 1 Subject matter This Regulation lays down detailed rules and procedures for the acceptance of air traffic controller licences and certificates including associated ratings and endorsements issued in accordance with the laws of a third country.

Article 2 Definitions For the purposes of this Regulation, the following definitions shall apply:

(1) ‘applicant’ means a holder of a certificate, licence or other document, issued in accordance with the laws of a third country who is applying for a student air traffic controller licence to be issued in accordance with this Regulation or for the acceptance of a certificate for the purpose of providing instructions and assessment;

(2) ‘certificate’ means a document issued in accordance with the laws of a third country, attesting to compliance with civil aviation rules;

(3) ‘credit’ means the recognition by the competent authority of the training undertaken by the holder of an air traffic controller licence issued in accordance with the laws of a third country for the purpose of applying for a student air traffic controller licence to be issued in accordance with this Regulation.

Article 3 Acceptance of third-country air traffic controller licences and certificates Without prejudice to international agreements concluded between the Union and a third country in accordance with Article 68(1), point (a), of Regulation (EU) 2018/1139, Member States may:

(a) issue student air traffic controller licences, in accordance with Article 4 of this Regulation;

(b) accept air traffic controller licences and associated ratings, privileges or certificates, in accordance with Article 5 of this Regulation.

Article 4 Issue of licences

1. The competent authority of a Member State may issue student air traffic controller licences in accordance with point ATCO.B.001 of Annex I (Part ATCO), Subpart B, to Regulation (EU) 2015/340, on the basis of certificates issued in accordance with the laws of a third country, provided that the applicant meets all of the following conditions:

(a) is at least 18 years old;

(b) demonstrates compliance with the relevant requirements laid down in Subpart D, Sections 1 to 4 of Annex I (Part ATCO) to Regulation (EU) 2015/340;

(c) holds a valid medical certificate issued in accordance with Annex IV (Part ATCO.MED) to Regulation (EU) 2015/340;

(d) demonstrates an adequate level of language proficiency in accordance with the requirements set out in Subpart B, points ATCO.B.030 to ATCO.B.040, of Annex I (Part ATCO) to Regulation (EU) 2015/340.

2/4 ELI: http://data.europa.eu/eli/reg_del/2025/1044/ojEN OJ L, 6.8.2025

2. The holder of an air traffic controller licence issued in accordance with the laws of a third country, may apply for the issue of a student air traffic controller licence to the competent authority of a Member State after having obtained a recommendation from a training organisation that meets the requirements laid down in Annex III (Part ATCO.OR) to Regulation (EU) 2015/340 and that is certified to provide initial training for the purpose of issuing student air traffic controller licences in accordance with that Regulation.

3. Where, at the request of the applicant, the training organisation issues a recommendation as referred to in paragraph 2 of this Article, such recommendation shall contain all of the following:

(a) a description of the scope of the privileges of the third-country air traffic controller licence referred to in paragraph 2;

(b) an indication for which requirements of Annex I (Part ATCO) to Regulation (EU) 2015/340 credit is to be granted;

(c) a description of the additional training, including the required examinations and assessments, that has been undertaken by the applicant;

(d) a statement confirming that the compliance of the applicant with the training, examination, and assessment requirements described in the recommendation can be considered as being equivalent to the successful completion of the initial training required under Regulation (EU) 2015/340 for the purpose of issuing student air traffic controller licences;

(e) copies of all relevant supporting documentation, including copies of the relevant third-country requirements and procedures, demonstrating how the training organisation has established the elements listed in points (a) to (d) of this subparagraph.

The additional training referred to in the first subparagraph, point (c), including the required examinations and assessments, shall be conducted by a training organisation that meets the requirements laid down in Annex III (Part ATCO.OR) to Regulation (EU) 2015/340 and that is certified to provide initial training for the purpose of issuing student air traffic controller licences in accordance with that Regulation.

4. For the purpose of issuing student air traffic controller licences, any credit granted by the competent authority shall take into account the recommendation referred to in paragraph 2.

Article 5 Acceptance of certificates

1. The competent authority of a Member State may accept air traffic controller licences and associated ratings, endorsements or certificates issued in accordance with the laws of a third country for the purpose of providing instruction and assessment, provided that the applicant meets both of the following conditions:

(a) they hold an air traffic controller licence issued by a third country in accordance with Annex 1 to the Convention on International Civil Aviation, signed on 7 December 1944 in Chicago (‘the Chicago Convention’) with a rating and, if applicable, rating endorsement corresponding to the one for which they are authorised to instruct or assess;

(b) they have demonstrated to the competent authority referred to in Article 6 of Regulation (EU) 2015/340 that they have received training and successfully passed examinations and assessments equivalent to those required by Subpart D, Section 5, of Annex I (Part ATCO) to that Regulation.

ELI: http://data.europa.eu/eli/reg_del/2025/1044/oj 3/4EN OJ L, 6.8.2025

2. The privileges referred to in paragraph 1 shall be limited to providing instruction and assessment for air traffic controller training organisations certified to provide initial training.

Article 6 Entry into force This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 23 May 2025.

For the Commission The President Ursula VON DER LEYEN 4/4 ELI: http://data.europa.eu/eli/reg_del/2025/1044/oj