AIC for PORTUGAL

1.   Weather Deviation into Military Restricted/Reserved Airspace:

1. This is a contingency situation in which, due to adverse weather, a flight operating in the airspace under jurisdiction of a civilian ATC Unit, has to resolve a change of track, in order to ensure the safety of the aircraft, which will take it inside an active Military Restricted/Reserved Area, even without prior coordination with the appropriate military authority.
2. Aircrews must be aware that this procedure may place the deviating aircraft in an even greater danger, compared to the adverse weather, depending on the type of activity taking place inside the Restricted/Reserved Airspace, and should be considered only as a last resort.
3. Responsibility of the Pilot-in-Command of the deviating aircraft:
   1. If a short notice track change, due to weather deterioration, forces an aircraft to enter a Military Restricted/Reserved Area, and prior coordination with the appropriate Military Unit is not accomplished in due time, it shall be considered that the Pilot-in-Command is exercising his/her authority under provisions of Annex 2, paragraph 2.3.1 and he shall be responsible to comply with the procedures stated in Doc. 4444, paragraph 1.5.2.3.3.
   2. In the event that the restricted area is a Military Controlled Area (MCTA), the Pilot shall change to the appropriate Military ATC Frequency. The above stated responsibility (1.c.i) terminates upon receiving an ATC clearance by the Military ATC Unit, with jurisdiction over the affected area.
4. Responsibility of the Military Pilot-in-Command when operating inside a Non-Controlled Airspace Reservation:
   1. In addition to the usual situation awareness, upon getting the information that an aircraft is deviating into their assigned exercise/training area, due to weather deterioration, the Pilot-in-Command shall take necessary measures to ensure that a visual/radar contact with the deviating traffic is achieved and visual/radar separation is maintained.
   2. Until positive contact with the deviating traffic is attained, maintain a vertical safety buffer of 1000FT (2000FT above FL290 for Non-RVSM certified aircraft) to the level(s) blocked for the civilian traffic.
   3. Additionally, establish a revised ceiling of operation or terminate the exercise/training if deemed necessary to ensure the safety of all aircraft involved.
   4. The above safety measures may be suspended upon confirmation that the deviating aircraft has left the exercise/training area.
5. Action by the Civilian ATS Units:
   1. Deviation into a Non-Controlled Military Airspace Reservation:
      as soon as a flight informs that it will initiate a short notice deviation of track, due to weather deterioration, into a Military Reserved Area, the civilian ATC Unit shall pass the following information to the military position in Lisboa ACC (Lisboa Military):
      1. Call Sign;
      2. Type of aircraft;
      3. Altitude;
      4. Current position;
      5. Next position, or heading of deviation from current position;
      6. SSR Code.
   2. Deviation into Military Controlled Airspace:
      As soon as a flight informs that it will initiate a short notice deviation of track, due to weather deterioration, into a Controlled Military Restricted Area, the civilian ATC Unit shall instruct the aircraft to contact the Military ATC Unit with jurisdiction over the affected area and pass the following information, by the most expeditious means, to that same Military Unit:
      1. Call Sign;
      2. Type of aircraft;
      3. Altitude;
      4. Current position;
      5. Next position, or heading of deviation from current position;
      6. SSR Code.
6. Actions by the Military ATS Units
   1. Deviation into a Non-Controlled Military Airspace Reservation:
      The Military position (Lisboa Military) upon receiving from the Civilian ATC Unit the information listed in paragraph 1.d, will initiate the required coordination with the Military Authority responsible for the activity taking place inside the airspace reservation (e.g. CRC, Sqd Base Operations, etc.) in order to ensure that the military aircraft, operating in that area, are aware of the civilian traffic and adjust, or suspend, their planned activity until the area is cleared of civilian traffic.
   2. Deviation into Controlled Military Restricted Airspace:
      1. The Military ATC Unit, upon receiving from the civilian ATC Unit the information listed in paragraph 1.d, will take necessary measures to ensure that the air traffic under its jurisdiction will not operate close to the area affected by the deviating aircraft. Additionally, it shall apply vertical separation to the level(s) blocked for the civilian aircraft, until bilateral communications are established with the deviating aircraft, and an ATC clearance is issued to that flight (if required, emergency 500FT vertical separation may be applied between flights involved.
      2. In the event that a portion or the whole of the airspace associated to a Controlled Restricted Area is delegated to another military authority, for exercises or training purposes, the Military ATC unit will initiate the required coordination with the military authority responsible for the activity taking place inside the airspace reservation (e.g. CRC, Sqd. Base Operations, etc.), in order to ensure that the military aircraft, operating in that area, are aware of the civilian traffic and adjust or suspend, their planned activity until the area is cleared of civilian traffic.
      3. When the Pilot-in-Command, of the deviating aircraft, considers that it is safe to resume the route from which originally deviated, it shall inform the Military ATC unit and continue in accordance with the last received ATC clearance, until the required coordination is done by the Military ATC Unit with the adjacent civilian ATC Unit, and a new clearance is issued.

2.   Crossing of active Airspace Reservations due to lost Communications

1. In the event of a complete air-ground communications failure there is a risk that an aircraft may penetrate an active Airspace Reservation, when complying with the lost communications procedures lay down in ICAO Doc. 4444 (paragraph 1.5.3.3).
2. In order to ensure the safeguard of the flights involved, the following additional procedures apply:
   1. Action by Civilian ATC Unit:
      Upon detecting that an aircraft with communications failure is proceeding in accordance with a flight plan that it will take it across an active Airspace Reservation, the Civilian ATC Unit responsible for providing the Air Traffic Control Service to that flight, will inform the Military position in Lisboa ACC (Lisboa Military) of this situation and, in addition, pass the following elements:
      1. Call Sign;
      2. Type of Aircraft;
      3. Altitude;
      4. Current position;
      5. Identification of the area that is going to be interfered;
      6. Next position;
      7. SSR Code.
   2. Action by Military ATS Unit:
      The Military position (Lisboa Military) upon receiving from Civilian ATC Unit the information listed in paragraph 2.b.i, will initiate the required coordination with the Military Authority responsible for the activity taking place inside the Airspace Reservation (e.g. CRC, Sqd. Base Operations, etc.), in order to ensure that the military aircraft, operating in the affected area, are aware of the civilian traffic and adjust, or suspend, their planned activity until the area is cleared of civilian traffic.
3. Responsibility of the Military Pilot-in-Command when operating inside a Non-Controlled Airspace Reservation:
   1. In addition to the usual situation awareness, upon getting the information that an aircraft is deviating into their assigned exercise/training area, due to air-ground communications failure, the Pilot-in-Command shall take necessary measures to ensure that a visual/radar contact with the deviating traffic is achieved and visual/radar separation is maintained.
   2. Until positive contact with the deviating traffic is attained, maintain a vertical separation safety buffer of 1000FT (2000FT above FL290 for NON-RVSM certified aircraft) to the level(s) blocked for the civilian traffic.
   3. Additionally, establish a revised ceiling of operation or terminate the exercise/training, if deemed necessary, to ensure the safety of all aircraft involved.
   4. The above safety measures may be suspended upon confirmation that the deviating aircraft has left the exercise/training area.

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This Circular spersedes the AIC 002-2008, effective 13-MAR-2008