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SERA - Articles



Regulation (EU) No 923/2012 SERA : Standardised European Rules of the Air
Revision from October 2023

Article 4 Exemptions for special operations - Regulation (EU) 2016/1185

  1. The competent authorities may, either on their own initiative or based on applications by the entities concerned, grant exemptions to individual entities or to categories of entities from any of the requirements of this Regulation for the following activities of public interest and for the training necessary to carry out those activities safely:
    1. police and customs missions;
    2. traffic surveillance and pursuit missions;
    3. environmental control missions conducted by, or on behalf of public authorities;
    4. search and rescue;
    5. medical flights;
    6. evacuations;
    7. fire fighting;
    8. exemptions required to ensure the security of flights by heads of State, Ministers and comparable State functionaries.
  2. The competent authority authorising these exemptions shall inform EASA of the nature of the exemptions at latest two months after the exemption has been approved.
  3. This Article is without prejudice to Article 3 and may be applied in the cases where the activities listed under paragraph 1, cannot be carried out as operational air traffic or where they otherwise may not benefit from the flexibility provisions contained in this Regulation.

    This Article shall also be without prejudice to helicopter operating minima contained in the specific approvals granted by the competent authority, pursuant to Annex V to Commission Regulation (EU) No 965/20127.

GM1 Article 4 Exemptions for special operations - ED Decision 2013/013/R

GENERAL

  1. The exemptions covered by Article 4 are intended for cases where the operation is of sufficient public interest to warrant allowing non-compliance with this Regulation, including the acceptance of the additional safety risks involved in such operations. Possible exemptions for normal operations, which are outside the scope of this Article, are covered by the specific provisions in the Annex (e.g. in provisions containing formulations such as ‘as permitted by the competent authority’, ‘unless otherwise specified by the competent authority’, etc.).
  2. Depending on the case, the competent authority may decide to grant the exemption to individual flights, groups of flights, or types of operations performed by specified operators.
  3. The exemptions may be granted either permanently, or as a temporary measure. Where the exemption is granted permanently, particular attention should be paid to ensuring that the conditions of the exemptions continue to be complied with over time.
  4. As referred to in Article 4(3), and depending on national rules, some of these operations may be performed under the Operational Air Traffic (OAT) rules in certain Member States and, thus, are entirely outside the scope of this Regulation.

GM2 Article 4 Exemptions for special operations - ED Decision 2016/023/R

The competent authority, when granting exemptions in accordance with Article 4, should consider not only case-by-case requests coming from individual entities, but also may grant general exemptions for groups of entities entitled to carry out the listed activities.

Article 4a Very-high frequency (VHF) emergency frequency - Regulation (EU) 2020/469

  1. Without prejudice to paragraph 2, Member States shall ensure that the VHF emergency frequency (121.500 MHz) is only used for emergency purposes specified in point SERA.14095(d) of the Annex.
  2. Member States may exceptionally allow the use of the VHF emergency frequency referred to in paragraph 1 for other purposes than those specified in point SERA.14095(d) of the Annex, if those are limited to what is necessary to achieve their aim and in order to reduce the impact upon aircraft in distress or emergency and on the operations of air traffic services units.