Is the publication of information under AIP section 'ENR 5.6 Bird migration and areas with sensitive fauna' sufficient to consider that the particulars of a prohibited and restricted area have been 'duly published', in accordance with SERA.3145 'Prohibited areas and restricted areas'?
AIP section ‘ENR 5.6 Bird migration and areas with sensitive fauna’, foreseen in Regulation (EU) 2017/373, is used for the provision of the following information: ‘Description, supplemented by charts where practicable, of movements of birds associated with migration, including migration routes and permanent resting areas and areas with sensitive fauna’.
The same EU Regulation foresees the publication of prohibited and restricted areas in the AIP, under a specific AIP section (ENR 5.1 Prohibited, restricted and danger areas) and depiction of relevant information in the relevant aeronautical charts.
Thus, the mere publication of information under ‘ENR 5.6 Bird migration and areas with sensitive fauna’ is not sufficient to consider that information on a prohibited or restricted area has been ‘duly published’, in accordance with SERA.3145 ‘Prohibited areas and restricted areas’. As long as an area is classified as restricted or prohibited, in accordance with the respective definitions in Regulation (EU) 2017/373, the respective information needs to be published in the relevant section (ENR 5.1) of the AIP addressing prohibited, restricted and danger areas and depicted in the relevant aeronautical charts.