SERA.3145 'Prohibited areas and restricted areas' of the standardised European rules of the air introduces a prohibition on the operation of aircraft in prohibited and restricted areas, '… the particulars of which have been duly published …'. When is a prohibited or a restricted area considered as dully published?
Regulation (EU) 2017/373 defines the structure and the content of a State’s AIP, and also defines the terms ‘prohibited area’ and ‘restricted area’. Relevant information concerning such areas is required by Regulation (EU) 2017/373 to be published in the AIP, under section ‘ENR 5.1 Prohibited, restricted and danger area’ and depicted in the relevant aeronautical charts, for the aviation community to be aware of the existence of such areas due to their operational significance.
This requirement for the publication of such areas in the AIP applies even if such regulatory acts are also published through other means (e.g., government gazette) within a State, as part of its legal or administrative system.