Procedures for the Performance of Flights by Military Aviation Aircraft in the Airspace of the Republic of Latvia

Issued pursuant to
Section 117 of the Law On Aviation

I. General Provisions

1. This Regulation prescribes the procedures by which military aviation aircraft shall perform flights in the airspace of the Republic of Latvia (hereinafter - airspace).

2. This Regulation shall apply to military aviation aircraft, civil aviation aircraft of the Republic of Latvia, which are used by the National Armed Forces, and to foreign military aviation aircraft performing flights in the airspace.

3. Military aviation aircraft shall perform flights in the airspace in accordance with the Commission Implementing Regulation (EU) No 923/2012 laying down the common rules of the air and operational provisions regarding services and procedures in air navigation and amending Implementing Regulation (EU) No 1035/2011 and Regulations (EC) No 1265/2007, (EC) No 1794/2006, (EC) No 730/2006, (EC) No 1033/2006 and (EU) No 255/2010 and the national regulatory enactments governing civil aviation (hereinafter - general air traffic) or in a way differing from the requirements laid down for civil aviation (hereinafter - operational air traffic), taking into account the principles of flexible use of the airspace and the restrictions referred to in Chapter IV of this Regulation.

[1 July 2014]

3.¹ Paragraph 3 of this Regulation shall not apply to flights of military aviation aircraft routes.

[1 July 2014]

3.² Flights of military aviation aircraft routes shall be performed as general air traffic according to visual flight rules outside controlled airspace, in conformity with the following additional conditions:

3.² 1. the flight height of the aircraft is at least 610 metres (2000 feet) above the surface overflown;

3.² 2. the airspeed measured during the flight of the aircraft does not reach the speed of sound;

3.² 3. the pilot is responsible for flight safety in relation to other air traffic.

[1 July 2014]

4. General air traffic and operational air traffic shall not take place concurrently at the same airspace structure element, except the following cases:

4.1. if temporary reserved area (TRA) is established for military users of the airspace;

4.2. if temporary segregated area (TSA) is established for military users of the airspace, if emergency situation has occurred and it is necessary to perform a general air traffic aircraft flight through such area;

4.3. in order to perform visual identification of an infringer of the procedures for use of the airspace or of the State border, to direct it to the initial route or outside the borders of the territory of the Republic of Latvia, or to perform forced landing thereof;

4.4. if a decision has been taken to perform combat activities against an aircraft in the territory of the Republic of Latvia;

4.5. in order to check the readiness for the performance of the flights referred to in Sub-paragraph 4.3 of this Regulation.

[10 July 2012; 1 July 2014]

4.¹ Military aviation aircraft shall perform flights in the airspace of the Republic of Latvia with switched on aircraft's transponders with altitude setting (ensuring that a control unit of the general air traffic can see and recognise the aircraft), except the cases referred to in Sub-paragraphs 4.3 and 4.4 of this Regulation.

[1 July 2014]

4.² Continuous direct communications between control units of the operational air traffic and general air traffic shall be ensured in the cases referred to in Sub-paragraphs 4.1, 4.2 and 4.3 of this Regulation in order to co-ordinate mutual action.

[10 July 2012]

4.³ The following separation shall be observed between general air traffic and operational air traffic aircraft in the cases referred to in Sub-paragraphs 4.3 and 4.4 of this Regulation:

4.³1. not less than 1500 metres (5000 feet) on the vertical plane - in all flight levels;

4.³2. not less than 20 kilometres (10 nautical miles) on the horizontal plane from the side of the aircraft;

4.³3. not less than 37 kilometres (20 nautical miles) on the horizontal plane from the flight path vector of the aircraft.

[10 July 2012]

5. The following operational air traffic aircraft flights shall have the priority of using the airspace in respect of other users of the airspace (except aircraft in emergency situation):

5.1. for airspace patrol flights in order to perform visual identification of an infringer of the procedures for use of the airspace or of the State border, to direct it to the initial route or outside the borders of the territory of the Republic of Latvia, or to perform forced landing thereof;

5.2. for flights in the interests of public order and security, which are performed for forced landing of an aircraft or performance of combat activity against the aircraft in the territory of the Republic of Latvia, in order to prevent harm to the national security interests, if there are grounds to consider that the aircraft is being used as a weapon for destruction of persons;

5.3. for performance of fire-fighting and rescue works, response and consequence-liquidation emergency measures, performance of search and rescue works of persons and other objects, as well as for the flights of the aircraft involved in international rescue operations or for support of the referred to works;

5.4. for flights in the interests of the State military defence and within the framework of collective defence and crisis management operations of the North Atlantic Treaty Organisation;

5.5. for support flights of anti-terrorism measures in accordance with the regulatory enactments determining action of the State authorities in case of seizure of a plane, ship or object;

5.6. for surveillance flights in the airspace of the Republic of Latvia in accordance with international agreements to which the Republic of Latvia has acceded;

5.7. for flights which are performed in accordance with the regulatory enactments determining the procedures by which the State Border Guard shall perform border surveillance tasks in the sea, using the aircraft of the National Armed Forces in case of emergency;

5.8. for readiness checks of the flights referred to in Sub-paragraphs 5.1, 5.2, 5.3, 5.4, 5.5, 5.6 and 5.7 of this Regulation.

[10 July 2012]

5.¹ If flights with two or more operational air traffic aircraft referred to in Paragraph 5 of this Regulation are concurrently applied for use of the airspace, the National Armed Forces shall take a decision on granting of priority to the flights of this aircraft and immediately notify the control unit of the general air traffic thereof.

[10 July 2012]

5.² The National Armed Forces and the State joint stock company "Latvijas gaisa satiksme" shall enter into an interdepartmental agreement regarding continuous exchange of information obtained by the radiolocation sensors, complying with measures for the protection of classified information, and exchange of the flight plan data.

[10 July 2012]

II. Co-ordination of Use of the Airspace during Military Aviation Aircraft Flights

6. Use of the airspace shall be co-ordinated in accordance with the principles of flexible use of the airspace in the interests of all users of the airspace. When using the airspace for operational air traffic, the security of all users of the airspace shall be observed.

7. Flexible use of the airspace shall be implemented in accordance with the regulatory enactments determining the procedures for airspace management, as well as the airspace structure and the procedures for changing thereof.

[28 June 2011]

III. Procedures for Operational Air Traffic

8. Operational air traffic shall take place under visual or instrumental meteorological conditions.

9. Operational air traffic shall not be a subject of civil air traffic control and flow control.

10. Operational air traffic shall be managed by an air traffic control personnel trained and authorised specially for military aviation flight control.

IV. Restrictions for Operational Air Traffic

11. Military aviation aircraft flight speed restrictions:

11.1. military aviation aircraft flights lower than the Flight Level 95 shall be performed with speed that does not exceed Mach number 0.9 or 575 knots;

11.2. military aviation aircraft flights higher than the Flight Level 95 up to the Flight Level 300 shall be performed with speed that does not exceed Mach number 0.95;

11.3. supersonic flights shall be performed not lower than the Flight Level 300;

11.4. when performing the flights referred to in Sub-paragraphs 5.1, 5.2 and 5.4 of this Regulation, military aviation aircraft shall take up in supersonic speed in the altitude that exceeds 3000 metres (10 000 feet) and the aircraft is in the regime of flight climbout.

12. Military aviation aircraft flight altitude restrictions for flights under visual meteorological conditions:

12.1. flights in route shall be performed by:

12.1.1. planes - not lower than 150 metres (500 feet) above the surface or obstacles to be flown over, which are closer than 600 metres from flight route;

12.1.2. helicopter - not lower than 30 metres (100 feet) above the surface or obstacles to be flown over, which are closer than 150 metres from flight route;

12.2. [7 December 2010].

[7 December 2010]

13. Military aviation planes shall refuel during flights in areas established specially for such purpose and in routes not lower than 1500 metres (5000 feet), helicopters - not lower than 150 metres (500 feet).

13.¹ During military training flights military aviation aircraft shall use combat ammunition in air areas established specially for such purpose during the occurrence of training of the National Armed Forces above target ranges.

[7 December 2010]

14. Military aviation aircraft flights under visual meteorological conditions shall be performed:

14.1. above populated areas where the number of inhabitants exceeds 10 000, not lower than 300 metres (1000 feet) above the highest obstacle;

14.2. above populated areas where the number of inhabitants does not exceed 10 000, not lower than 150 metres (500 feet) above the highest obstacle.

15. Military aviation aircraft shall perform flights under instrumental meteorological conditions not lower than 300 metres (1000 feet) above the highest obstacle in the radius of eight kilometres (4.3 nautical miles) from the calculated location of the aircraft.

V. Low Level Flights

[7 December 2010]

16. Low level flights are specific military tactical flights, which are performed by military aviation aircraft taking into account the following restrictions:

16.1. fixed-wing aircraft - at height not less than 61 metres (200 feet) above ground level or potentially dangerous objects, which are located closer than 150 metres (500 feet) from the flight path, with speed that does not exceed 475 knots;

16.2. rotary-wing aircraft - at height not less than 15 metres (45 feet) above ground level or potentially dangerous objects, which are located closer than 50 metres (500 feet) from the flight path;

16.3. all military aviation aircraft - not higher than 610 metres (2000 feet) above ground level.

17. Low level flights shall be performed:

17.1. in a specific element of the airspace structure (hereinafter - low level flight sector) which shall be established in accordance with the regulatory enactments regarding the airspace structure of the Republic of Latvia and the procedures for changing thereof;

17.2. during day time, commencing them not earlier than at 08.00 and completing not later than at 18.00 according to the local time;

17.3. not more than four aircraft in one formation, and the time interval between formations shall be not less than 30 seconds;

17.4. taking into account the information placed in the informative publication "Aeronautical Information Publication" (AIP) regarding seasonal migration routes and large concentration sites of birds on the land and in the sea.

18. It is prohibited to perform low level flights:

18.1. outside low level flight sector;

18.2. on holidays and public holidays;

18.3. in a low level flight sector for more than three hours;

18.4. under weather conditions that are not complying with visual flight conditions;

18.5. if military aviation aircraft is not ensured with radio communications for reception and transmission of 123.95 megahertz frequency;

18.6. if military aviation aircraft is not equipped with secondary radiolocation receiver-transmitter (IFF transponder) in working order;

18.7. above ships in the territorial waters of the Republic of Latvia (except warships involved in military training) closer than one nautical mile horizontally and 300 metres (1000 feet) vertically;

18.8. above the land of the territory of the Republic of Latvia (except target ranges of the National Armed Forces) during the time period form 1 March until 1 May;

18.9. above populated areas with more than 5000 inhabitants;

18.10. above airfields and airfield traffic zones;

18.11. above nature reserves, national parks and nature restricted area "Lubāna mitrājs" during the time period from 1 March until 1 November;

18.12. above objects of increased danger of State significance, industrial risk territories and objects, ionising radiation objects of State significance, as well as objects in which high power equipment emitting electromagnetic field with capacity from 10 kilowatts up to one megawatt are located, and State protection objects.

[10 July 2012]

19. Foreign military aviation aircraft flights in the low level flight sector shall be allowed only in such case, if a flight permit has been received in compliance with the regulatory enactments regarding the procedures by which a permit to use the airspace of the Republic of Latvia shall be granted to subjects of international law for foreign aircraft flights intended for the performance of public functions within the meaning of Article 3 of the Convention on International Civil Aviation of 7 December 1944.

20. The National Armed Forces shall compile requests for the performance of low level flights, co-ordinate the availability for use of low level flight sectors, take a decision on granting of a permit for use of low level flight sectors and publish the information regarding low level flight sectors and time periods of their operation on the Internet homepage of the National Armed Forces at least one month in advance.

21. The National Armed Forces shall submit an application for the use of low level flight sector to the State joint stock company "Latvijas gaisa satiksme" until 10.00 of the previous working day according to the Universal Time Co-ordinated (UTC), specifying the following information:

21.1. the name of the low level flight sector;

21.2. the planned time of use of low level flight sectors according to the Universal Time Co-ordinated (UTC);

21.3. the aircraft type, registration number and number of aircraft in formation;

21.4. the aircraft identifying symbol (Callsign) and transponder code;

21.5. the name and contact information of the military air traffic control unit;

21.6. flight vertical borders of the low level flight sector, if it is not necessary to use all altitude range of the area.

21.¹ A decision on use of the airspace structure element for the performance of low level flights shall be taken in accordance with the regulatory enactments determining the procedures for airspace management, as well as the airspace structure and procedures for changing thereof.

[28 June 2011]

22. [28 June 2011]

23. [28 June 2011]

24. The National Armed Forces shall inform the pilot in command of the military aviation aircraft regarding a decision taken until 15.00 of the previous working day according to the Universal Time Co-ordinated (UTC).

25. [10 July 2012]

26. [10 July 2012]

27. Low level flights to the low level flight sector and therefrom shall be performed in compliance with the general air traffic requirements.

28. [10 July 2012]

29. The State agency "Latvian Geospatial Information Agency" shall prepare low level flight maps, using the information obtained by topographic mapping, as well as the air navigation information inserted in the informative publication "Aeronautical Information Publication" (AIP).

30. The State agency "Latvian Geospatial Information Agency" shall send one copy of the low level flight map free of charge to the State Agency "Civilās aviācijas aģentūra" [Civil Aviation Agency], the State joint stock company "Latvijas gaisa satiksme" and the State Border Guard.

VI. Closing Provision

[10 July 2012]

Prime Minister A. Kalvītis

Minister for Defence A. Slakteris

Translation © 2014 Valsts valodas centrs (State Language Centre)