Commission Regulation (EC) No 1265/2007 of 26 October 2007 laying down requirements on air-ground voice channel spacing for the single European sky (Text with EEA relevance)
Date: 2007-10-26
Institutions: European Commission
Subjects: air transport, aircraft, communications systems, technical standard, traffic control, trans-European network, waveband

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COMMISSION REGULATION (EC) No 1265/2007

of 26 October 2007

laying down requirements on air-ground voice channel spacing for the single European sky

(Text with EEA relevance)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty
Community,

establishing the European

Having regard to Regulation (EC) No 552/2004 of the European
the Council of 10 March 2004 on the
Parliament and of
interoperability of
the European Air Traffic Management
Network (the interoperability Regulation) (1) and in particular
article 3(1) thereof,

Having regard to Regulation (EC) No 549/2004 of the European
Parliament and the Council of 10 March 2004 laying down the
framework for the creation of the single European sky (the
framework Regulation) (2), and in particular Article 8(2) thereof,

Whereas:

(1)

(2)

(3)

Increases in air traffic levels within the European Air
Traffic Management network (hereinafter EATMN) have
required increases in air traffic management capacity.
This has led to a demand for operational improvements
— such as airspace resectorisation — which, in turn, has
led to a demand for additional VHF assignments.

Due to difficulties in satisfying the demand for VHF
assignments in the aeronautical mobile radio communi-
cation service band 117,975 to 137 MHz — and taking
into account the limitations for increasing the allocated
spectrum and/or frequency re-use — the International
Civil Aviation Organisation (hereinafter ICAO) decided
to reduce the channel spacing from 25 to 8,33 kHz.

Following ICAO decisions taken in 1994 and 1995,
8,33 kHz channel spacing was introduced above flight
level (hereinafter FL) 245 in the ICAO EUR Region in
October 1999. Initially, seven States enforced mandatory
carriage of this radio equipment with 8,33 kHz channel
spacing capability in the aircraft, with a further 23 States
enforcing mandatory carriage since October 2002.

(5)

(6)

(7)

(8)

(9)

implementation of 8,33 kHz channel spacing below FL
245, and requested the European Organisation for the
to manage the
Safety of Air navigation (Eurocontrol)
implementation.
Eurocontrol
the
Permanent Commission recommended to proceed with
the implementation of 8,33 kHz channel spacing above
FL 195 in the ICAO EUR Region from 15 March 2007.

Subsequently,

Traffic growth is expected to continue over the coming
implying further demand for additional VHF
years,
requirements.
Implementation of 8,33 kHz channel
spacing above FL 195 should therefore be considered
only as a first step which would need to be evaluated
for possible expansion in due time, on the basis of
proper
impact
assessment.

operational,

economic

safety

and

Eurocontrol has been mandated in accordance with
Article 8(1) of Regulation (EC) No 549/2004 to
develop requirements for the coordinated introduction
of air-ground voice communications based on reduced
8,33 kHz channel spacing. This Regulation is based on
the resulting mandate report of 12 October 2006.

to ensure interoperability,

In order
the ground and
airborne 8,33 kHz voice communications systems need
to comply with common minimum performance
requirements.

The uniform application of specific procedures within the
airspace of the single European sky is essential for the
achievement of interoperability and seamless operations.

The information about whether aircraft have 8,33 kHz
channel spacing capability should be included in the
flight plan, processed and transmitted between the air
traffic control units.

(4)

In line with predicted increases in the demand for VHF
assignments, ICAO decided in 2002 to proceed with the

(1) OJ L 96, 31.3.2004, p. 26.
(2) OJ L 96, 31.3.2004, p. 1.

(10)

This Regulation should not cover military operations and
training as referred to in Article 1(2) of Regulation
(EC) No 549/2004.

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(11)

(12)

(13)

(14)

The Member States have declared in a general statement
on military issues related to the single European sky (1)
that they will cooperate with each other, taking into
account national military requirements,
in order that
the concept of the flexible use of airspace is fully and
uniformly applied in all Member States by all users of
airspace. To that end, the air-ground voice communi-
cation on reduced 8,33 kHz channel spacing should be
implemented by all users of airspace.

The handling of State aircraft flying as general air traffic
which do not have 8,33 kHz channel spacing capability
can lead to an increased air traffic control workload and
have a detrimental impact on capacity and safety levels of
the EATMN.
the
highest possible
should be
equipped with radio equipment with 8,33 kHz channel
spacing capability.

In order to minimise such impact,

rates of State

aircraft

(18)

(19)

ability for use of constituents as well as the verification
of systems.

The level of maturity of the market for the constituents
to which this Regulation applies is such that
their
conformity or suitability for use can be satisfactorily
assessed through internal production control, using
procedures based on Module A in the Annex to
Council Decision 93/465/EEC of 22 July 1993
concerning the modules for the various phases of the
conformity assessment procedures and the rules for the
affixing and use of the CE conformity marking, which are
intended to be used in the technical harmonisation
directives (2).

The measures provided for in this Regulation are in
accordance with the opinion of
Sky
Committee established by Article 5(1) of Regulation
(EC) No 549/2004,

Single

the

represent

type State

largest
aircraft
Transport
category of State aircraft flying as general air traffic in
the airspace in which this Regulation applies. Ensuring
that
such State aircraft have radio equipment with
8,33 kHz channel spacing capability should therefore
be made a priority.

the

Constraints of a technical or financial nature may prevent
Member States from equipping certain categories of State
aircraft with radios with 8,33 kHz channel spacing
capability. The Commission should be informed in
such cases.

HAS ADOPTED THIS REGULATION:

Article 1

Subject matter and scope

This Regulation lays down requirements for the coor-
communications

1.
dinated introduction of
based on 8,33 kHz channel spacing.

air-ground voice

(15) Air navigation service providers should establish plans
the State aircraft which
addressing the handling of
cannot be equipped with radios with 8,33 kHz channel
spacing capability, in order to maintain safety levels.

This Regulation shall apply to air-ground voice com-
2.
munications
spacing
systems based on 8,33 kHz channel
within the aeronautical mobile radio communication service
band 117,975-137 MHz,
their constituents and associated
procedures and to flight data processing systems serving air
traffic control units providing services to general air traffic,
their constituents and associated procedures.

(16) With a view to maintaining or enhancing existing safety
levels of operations, Member States should be required to
the parties concerned carry out a safety
ensure that
risk
including
assessment
assessment and mitigation processes. Harmonised im-
plementation of these processes to the systems covered
by this Regulation requires the identification of specific
safety
and
for
performance requirements.

interoperability

identification,

requirements

hazard

all

This Regulation shall apply to all

3.
flights operating as
general air traffic above FL 195, within the airspace of the
ICAO EUR region where Member States are responsible for
provision of air traffic services in accordance with Regulation
(EC) No 550/2004 of
the
Council (3), with the exception of Article 4 which shall apply
also below FL 195.

the European Parliament and of

(17)

In accordance with Article 3(3)(d) of Regulation
(EC) No 552/2004,
implementing rules for interoper-
ability should describe the specific conformity assessment
procedures to be used to assess the conformity or suit-

(1) OJ L 96, 31.3.2004, p. 9.

4.
In the framework of the first paragraph of Article 4 of
Commission Regulation (EC) No 730/2006 (4), Member States
may issue derogations from airborne carriage obligations laid
down in this Regulation for flights operated under visual flight
rules.

(2) OJ L 220, 30.8.1993, p. 23.
(3) OJ L 96, 31.3.2004, p. 10.
(4) OJ L 128, 16.5.2006, p. 3.

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Article 2

Definitions

10.

‘working position’ means
the furniture and technical
equipment at which a member of the air traffic services
staff under takes task associated with their job;

For the purpose of this Regulation the definitions in Article 2 of
Regulation (EC) No 549/2004 shall apply.

The following definitions shall also apply:

11.

‘radio-telephony’ means a form of radio-communication
primarily intended for the exchange of information in the
form of speech;

1.

‘8,33 kHz channel spacing’ means a separation of 8,33 kHz
between adjacent channels;

2.

‘channel’ means a numerical designator used in conjunction
with voice communication equipment tuning, which allows
the applicable radio communi-
unique identification of
cation frequency and channel spacing;

3.

traffic control unit’

‘air
(hereinafter ATC unit) means
variously area control centre, approach control unit or
aerodrome control tower;

12.

‘letter of agreement’ means an agreement between two
adjacent ATC units that specifies how their
respective
ATC responsibilities are to be coordinated;

13.

‘Integrated Initial Flight Plan Processing System’ (hereinafter
‘IFPS’) means a system within the European Air Traffic
Management Network through which a centralised flight
planning processing and distribution service, dealing with
the reception, validation and distribution of flight plans, is
provided within the airspace covered by this Regulation;

4.

‘area control centre’ (hereinafter ACC) means a unit estab-
lished to provide air traffic control service to controlled
flights in control areas under its responsibility;

14.

‘State aircraft’ means any aircraft used for military, customs
and police;

5.

6.

7.

‘flights operated under visual
rules’
(VFR flights)
means any flights operated under visual
flight rules as
defined in Annex 2 (1) to the 1944 Chicago Convention
on International Civil Aviation;

flight

15.

‘transport-type State aircraft’ means fixed wing State aircraft
that are designed for the purpose of transporting persons
and/or cargo.

‘VHF assignments’ means
a VHF
frequency to an aeronautical service for the purpose of
operating voice communication equipment;

assignment of

the

‘offset-carrier system’ means a system used in situations
where radio coverage cannot be ensured by a single trans-
mitter and receiver combination and where,
in order to
minimise the interference problems, the signals are offset
from the main carrier frequency;

Article 3

Interoperability and performance requirements

1. Without prejudice to Article 5, operators shall ensure that,
by 15 March 2008 at the latest, their aircraft are equipped with
radio equipment with 8,33 kHz channel spacing capability.

8.

‘designated operational coverage’ means the volume of
airspace in which a particular service is provided and in
which the service is afforded frequency protection;

2.
In addition to 8,33 kHz channel spacing capability, the
equipment referred to in paragraph 1 shall be able to tune to
25 kHz spaced channels and to operate in an environment
which uses offset-carrier frequencies.

9.

‘operator’ means a person, organisation or enterprise
engaged in or offering to engage in an aircraft operation;

(1) 10th Edition — July 2005 — www.icao.int

Air navigation service providers shall ensure that, by
3.
3 July 2008 at
the latest, all voice VHF assignments are
converted to 8,33 kHz channel spacing for sectors with a
lower level at or above FL 195.

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Paragraph 3 shall not apply in respect of sectors where

4.
25 kHz offset-carrier system is utilised.

(b) the information about the 8,33 kHz capability of a flight
shall be made available at the appropriate working position;

5. Member States shall take all the necessary measures to
ensure that appropriate VHF assignments are notified to air
navigation service providers.

(c)

the controller shall have the means to modify the infor-
mation about the 8,33 kHz capability of a flight.

6.
Air navigation service providers shall implement the VHF
assignments referred to in paragraph 5. If under exceptional
circumstances it is not possible to comply with paragraph 3,
to the
communicate
Member
Commission.

reasons

States

shall

the

the
Air navigation service providers shall ensure that
7.
performance of their 8,33 kHz voice communication systems
comply with the ICAO standards specified in Annex I(1).

Article 4

Associated procedures

Air navigation service providers and operators shall ensure
the numerical designator are used to
in VHF radio-telephony
in the case of both the fifth and
four
in which case only the first

1.
that all six digits of
identify the transmitting channel
communications, except
sixth digits being zeros,
digits shall be used.

8.
Air navigation service providers shall ensure that their
8,33 kHz voice communication systems allow an operationally
acceptable voice communication between controllers and pilots
within the designated operational coverage.

2.
Air navigation service providers and operators shall ensure
that their air-ground voice communication procedures are in
accordance with the ICAO provisions specified in Annex I(4).

Air navigation service providers shall ensure that

the
9.
the transmitter/receiver ground constituent
performance of
installed within the 8,33 kHz voice communication systems
comply with the ICAO standards specified in Annex I(1) with
regard to the
sensitivity,
effective acceptance bandwidth and adjacent channel rejection.

frequency stability, modulation,

Air navigation service providers shall ensure that

the
3.
radio
equipped with
aircraft
applicable
procedures
equipment with 8,33 kHz channel
spacing capability and
aircraft which are not equipped with such equipment are
specified in the letters of agreement between ACCs.

to

the
10.
Operators shall ensure that
8,33 kHz voice communication systems
installed onboard
their aircraft in application of paragraph 1 comply with the
ICAO standards specified in Annex I(2).

the performance of

The European Organisation for Civil Aviation Equipment
11.
(Eurocae) document specified in Annex I(3) shall be considered
as sufficient means of compliance with regard to the frequency
stability, modulation, sensitivity, effective acceptance bandwidth
and adjacent channel rejection requirements identified in the
ICAO standards specified in Annex I(2).

aircraft
channel

4.
Operators operating flights referred to in Article 1(3)
above FL 195, and agents acting on their behalf shall ensure
that in addition to the letter S and/or any other letters, as
appropriate, the letter Y is inserted in item 10 of the flight
equipped with radio equipment with
plan for
8,33 kHz
indicator
spacing
STS/EXM833 is included in item 18 for aircraft not equipped
but which have been granted exemption from the mandatory
carriage equipment. Aircraft normally capable of operating
above FL 195 equipped with radio equipment with 8,33 kHz
channel spacing capability but planning to fly below this level
shall include the letter Y in item 10 of the flight plan.

capability,

the

or

Air navigation service providers shall

12.
the
notification and initial co-ordination processes in their flight
data processing systems in accordance with Commission Regu-
lation (EC) No 1032/2006 (1) as follows:

implement

In the case of a change in the 8,33 kHz capability status
5.
for a flight, the operators or the agents acting on their behalf
shall send a modification message to IFPS with the appropriate
indicator inserted in the relevant item.

(a)

the information about the 8,33 kHz capability of a flight
shall be transmitted between ATC units;

(1) OJ L 186, 7.7.2006, p. 27.

6. Member States shall take the necessary measures to ensure
that IFPS processes and distributes information on the 8,33 kHz
capability received in the flight plans.

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Article 5

State aircraft

1. Member States
transport-type State
shall ensure that
aircraft are equipped with radio equipment with 8,33 kHz
channel spacing capability by 3 July 2008 at the latest.

Air traffic service providers shall ensure that the State
5.
aircraft not equipped with radio equipment with 8,33 KHz
channel spacing capability can be accommodated, provided
that they can be safely handled within the capacity limits of
the air traffic management system on UHF or 25 kHz VHF
assignments.

2. Without prejudice to national procedures for the com-
munication of
information on State aircraft, Member States
shall communicate to the Commission by 3 January 2008 at
the latest, the list of transport-type State aircraft that will not be
equipped with radio equipment with 8,33 kHz channel spacing
capability in accordance with paragraph 1, due to:

(a) withdrawal from operational service by 31 December 2010;

(b) procurement constraints.

constraints prevent

When procurement
compliance with
paragraph 1, Member States shall also communicate to the
the date by
Commission by 3 January 2008 at
which the aircraft concerned will be equipped with radio
equipment with 8,33 kHz channel spacing capability. That
date shall not be later than 31 December 2012.

the latest

3. Member States shall ensure that non-transport-type State
aircraft are equipped with radio equipment with 8,33 kHz
channel spacing capability by 31 December 2009 at the latest.

4. Without prejudice to national procedures for the com-
munication of
information on State aircraft, Member States
shall communicate to the Commission by 30 June 2009 at
the latest, the list of non-transport-type State aircraft that will
not be equipped with radio equipment with 8,33 kHz channel
spacing capability in accordance with paragraph 3, due to:

(a) compelling technical or budgetary constraints;

(b) withdrawal from operational service by 31 December 2010;

(c) procurement constraints.

constraints prevent

compliance with
When procurement
paragraph 3, Member States shall also communicate to the
Commission by 30 June 2009 at the latest the date by which
the aircraft concerned will be equipped with radio equipment
with 8,33 kHz channel spacing capability. That date shall not be
later than 31 December 2015.

shall publish the procedures

the
6. Member States
handling of State aircraft which are not equipped with radio
equipment with 8,33 kHz channel spacing capability in national
aeronautical information publications.

for

7.
Air traffic service providers shall communicate on an
annual basis to the Member State that has designated them,
their plans for the handling of State aircraft which are not
equipped with radio equipment with 8,33 kHz channel
spacing capability defined taking into account
the capacity
limits associated with the procedures referred to in paragraph 6.

Article 6

Safety requirements

Member States shall take the necessary measures to ensure that
any changes to the existing systems referred to in Article 1(2) or
the introduction of new systems are preceded by a safety
risk assessment
assessment,
and mitigation, conducted by the parties concerned.

including hazard identification,

During this safety assessment, the safety requirements specified
in Annex II shall be taken into consideration as a minimum.

Article 7

Conformity or suitability for use of constituents

1.
Before issuing an EC declaration of conformity or suit-
ability for use referred to in Article 5 of Regulation (EC) No
552/2004, manufacturers of constituents of the systems referred
to in Article 1(2) shall assess the conformity or suitability for
use of these constituents in compliance with the requirements
set out in Annex III, Part A, to this Regulation without prejudice
to paragraph 2.

Certification airworthiness processes

complying with
2.
Regulation (EC) No 1592/2002 of
the European Parliament
and of the Council (1), when applied to airborne constituents
of the systems referred to in Article 1(2), shall be considered as
acceptable procedures for the conformity assessment of these
constituents if they include the demonstration of compliance
with the interoperability, performance and safety requirements
of this Regulation.

(1) OJ L 240, 7.9.2002, p. 1.

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Article 8

Verification of systems

(c) ensure that the working methods and operating procedures

comply with this Regulation.

1.
Air navigation service providers which can demonstrate or
have demonstrated that they fulfil the conditions set out in
Annex IV shall conduct a verification of the systems referred
to in Article 1(2) in compliance with the requirements set out
in Annex III, Part C.

2.
Air navigation service providers which cannot demon-
strate that they fulfil the conditions set out in Annex IV shall
subcontract to a notified body a verification of the systems
referred to in Article 1(2). This verification shall be conducted
in Annex III,
in compliance with the requirements set out
Part D.

Article 9

Additional requirements

Air navigation service providers shall ensure that all
the requirements
they are adequately

1.
related personnel are made duly aware of
laid down in this Regulation and that
trained for their job functions.

2. Member States shall take the necessary measures to ensure
that the personnel operating the IFPS involved in flight planning
are made duly aware of the requirements laid down in this
Regulation and that they are adequately trained for their job
functions.

3.

Air navigation service providers shall:

(a) develop and maintain operations manuals containing the
all

and information to enable

necessary
related personnel to apply this Regulation;

instructions

(b) ensure that

the manuals

(a) are
accessible and kept up to date and that their update and
distribution are subject to appropriate quality and documen-
tation configuration management;

referred to in point

4. Member States shall take the necessary measures to ensure
that the centralised flight planning processing and distribution
service:

(a) develops and maintains operations manuals containing the
necessary instructions and information to enable all related
personnel to apply this Regulation;

(b) ensures that

the manuals referred to in point

(a) are
accessible and kept up to date and that their update and
distribution are subject to appropriate quality and documen-
tation configuration management;

(c) ensures that the working methods and operating procedures

comply with this Regulation.

to ensure

Operators identified in Article 3(1) shall take the necessary
5.
measures
the personnel operating radio
equipment are made duly aware of this Regulation, that they
are
and that
instructions are available in the cockpit where feasible.

adequately trained to use

equipment

that

this

6. Member States shall take the necessary measures to ensure
compliance with this Regulation including the publication of
relevant information in the national aeronautical
information
publications.

Article 10

Entry into force

This Regulation shall enter into force on the 20th day following
its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 26 October 2007.

For the Commission

Jacques BARROT
Vice-President

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ANNEX I

Standards and provisions referred to in Articles 3 and 4

1. Chapter 2 ‘Aeronautical Mobile Service’, Section 2.1 ‘Air-ground VHF communication system characteristics’ and
Section 2.2 ‘System characteristics of the ground installations’ of ICAO Annex 10, Volume III, Part 2 (First Edition
— July 1995 incorporating Amendment No 80).

2. Chapter 2 ‘Aeronautical Mobile Service’, Section 2.1 ‘Air-ground VHF communication system characteristics’, Section
2.3.1 ‘Transmitting function’ and Section 2.3.2 ‘Receiving function’ excluding sub-section 2.3.2.8 ‘VDL — Interference
Immunity Performance’ of ICAO Annex 10, Volume III, Part 2 (First Edition — July 1995 incorporating Amendment
No 80).

3. Eurocae Minimum Operational Performance Specification for Airborne VHF Receiver-Transmitter operating in the

frequency range 117,975-137,000 MHz, Document ED-23B, Amendment 3, December 1997.

4. Section 12.3.1.4 ‘8,33 kHz channel spacing’ of ICAO PANS-ATM Doc. 4444 (14th Edition — 2001 incorporating

Amendment No 4).

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ANNEX II

Safety requirements referred to in Article 6

1. The interoperability and performance requirements specified in Article 3(1) and (12) shall be considered as safety

requirements.

2. The associated procedures' requirements specified in Article 4(1) and (2) shall be considered as safety requirements.

3. The State aircraft requirements specified in Article 5(1), (3), (5) and (7) shall be considered as safety requirements.

4. The requirements supporting compliance specified in Article 9(1),

(3),

(5) and (6) shall be considered as safety

requirements.

5. Air navigation service providers shall ensure that the controller Human Machine Interface for the display of VHF

channels is consistent with the VHF radio-telephony procedures.

6. Air navigation service providers shall assess the impact of descending aircraft which are not equipped with radio
equipment with 8,33 kHz channel spacing capability below FL 195, taking into account factors such as minimum safe
crossing altitudes, and determine whether modifications to sector capacity or airspace design/structures are required.

7. Member States shall ensure that 25 to 8,33 kHz conversions are operated for a trial period of minimum four weeks,

during which time safe operation is verified, prior to coordination in the Table COM2 of ICAO Doc 7754.

8. Member States shall ensure that 25 to 8,33 kHz conversions are made respecting the ICAO frequency planning criteria
described in Part II — ‘VHF Air-Ground Communications Frequency Assignment Planning Criteria’ of the EUR
Frequency Management Manual — ICAO EUR Doc 011 (2005).

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ANNEX III

PART A

REQUIREMENTS FOR THE ASSESSMENT OF THE CONFORMITY OR SUITABILITY FOR USE OF
CONSTITUENTS REFERRED TO IN ARTICLE 7

1. The verification activities shall demonstrate the conformity of constituents with the performance requirements of this

Regulation, or their suitability for use whilst these constituents are in operation in the test environment.

2. The application by the manufacturer of the module described in Part B shall be considered as an appropriate
conformity assessment procedure to ensure and declare the compliance of constituents. Equivalent or more
stringent procedures are also authorised.

PART B

INTERNAL PRODUCTION CONTROL MODULE

1. This module describes the procedure whereby the manufacturer or his authorised representative established within the
Community who carries out the obligations laid down in paragraph 2, ensures, and declares that the constituents
concerned satisfy the requirements of this Regulation. The manufacturer or his authorised representative established
within the Community must draw up a written declaration of conformity or suitability for use in accordance with
Annex III(3) to Regulation (EC) No 552/2004.

2. The manufacturer must establish the technical documentation described in paragraph 4 and he or his authorised
representative established within the Community must keep it for a period ending at least 10 years after the last
constituents has been manufactured at the disposal of the relevant national supervisory authorities for inspection
purposes and at the disposal of the air navigation service providers that integrate these constituents in their systems.
The manufacturer or its authorised representative established within the Community shall inform the Member States
where and how the above technical documentation can be made available.

3. Where the manufacturer is not established within the Community, he shall designate the person(s) who place(s) the
constituents on the Community market. These person(s) shall inform the Member States where and how the technical
documentation can be made available.

4. Technical documentation must enable the conformity of the constituents with the requirements of this Regulation to
be assessed. It must, as far as relevant for such assessment, cover the design, manufacture and operation of the
constituents.

5. The manufacturer or his authorised representative must keep a copy of the declaration of conformity or suitability for

use with the technical documentation.

PART C

REQUIREMENTS FOR THE VERIFICATION OF SYSTEMS REFERRED TO IN ARTICLE 8(1)

1. The verification of systems identified in Article 1(2) shall demonstrate the conformity of these systems with the
interoperability, performance and safety requirements of this Regulation in an assessment environment that reflects the
operational context of these systems. In particular:

— the verification of systems for air-to-ground communications shall demonstrate that 8,33 kHz channel spacing is
in use for the VHF air-ground voice communications in accordance with Article 3(3) and that the performance of
the 8,33 kHz voice communication systems complies with Article 3(7),

— the verification of systems for flight data processing shall demonstrate that

the functionality described in

Article 3(12) is properly implemented.

2. The verification of systems identified in Article 1(2) shall be conducted in accordance with appropriate and recognised

testing practices.

3. Test tools used for the verification of systems identified in Article 1(2) shall have appropriate functionalities.

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4. The verification of systems identified in Article 1(2) shall produce the elements of the technical file required by

Annex IV(3) to Regulation (EC) No 552/2004 including the following elements:

— description of the implementation,

— the report of inspections and tests achieved before putting the system into service.

5. The air navigation service provider shall manage the verification activities and shall in particular:

— determine the appropriate operational and technical assessment environment reflecting the operational en-

vironment,

— verify that the test plan describes the integration of systems identified in Article 1(2) in an operational and

technical assessment environment,

— verify that

the test plan provides full coverage of

the applicable interoperability, performance and safety

requirements of this Regulation,

— ensure the consistency and quality of the technical documentation and the test plan,

— plan the test organisation, staff, installation and configuration of the test platform,

— perform the inspections and tests as specified in the test plan,

— write the report presenting the results of inspections and tests.

6. The air navigation service provider shall ensure that the systems identified in Article 1(2) operated in an operational

assessment environment meet the interoperability, performance and safety requirements of this Regulation.

7. Upon satisfying completion of verification of compliance, air navigation service providers shall draw up the EC
declaration of verification of system and submit it to the national supervisory authority together with the technical
file as required by Article 6 of Regulation (EC) No 552/2004.

PART D

REQUIREMENTS FOR THE VERIFICATION OF SYSTEMS REFERRED TO IN ARTICLE 8(2)

1. The verification of systems identified in Article 1(2) shall demonstrate the conformity of these systems with the
interoperability, performance and safety requirements of this Regulation in an assessment environment that reflects the
operational context of these systems. In particular:

— the verification of systems for air-to-ground communications shall demonstrate that 8,33 kHz channel spacing is
in use for the VHF air-ground voice communications in accordance with Article 3(3) and that the performance of
the 8,33 kHz voice communication systems complies with Article 3(7),

— the verification of systems for flight data processing shall demonstrate that the functionality described in Article

3(12) is properly implemented.

2. The verification of systems identified in Article 1(2) shall be conducted in accordance with appropriate and recognised

testing practices.

3. Test tools used for the verification of systems identified in Article 1(2) shall have appropriate functionalities.

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4. The verification of systems identified in Article 1(2) shall produce the elements of the technical file required by

Annex IV(3) to Regulation (EC) No 552/2004 including the following elements:

— description of the implementation,

— the report of inspections and tests achieved before putting the system into service.

5. The air navigation service provider shall determine the appropriate operational and technical assessment environment

reflecting the operational environment and shall have verification activities performed by a notified body.

6. The notified body shall manage the verification activities and shall in particular:

— verify that the test plan describes the integration of systems identified in Article 1(2) in an operational and

technical assessment environment,

— verify that

the test plan provides full coverage of

the applicable interoperability, performance and safety

requirements of this Regulation,

— ensure the consistency and quality of the technical documentation and the test plan,

— plan the test organisation, staff, installation and configuration of the test platform,

— perform the inspections and tests as specified in the test plan,

— write the report presenting the results of inspections and tests.

7. The notified body shall ensure that the systems identified in Article 1(2) operated in an operational assessment

environment meet the interoperability, performance and safety requirements of this Regulation.

8. Upon satisfying completion of verification tasks, the notified body shall draw up a certificate of conformity in relation

to the tasks it carried out.

9. Then, the air navigation service provider shall draw up the EC declaration of verification of system and submit it
to the national supervisory authority together with the technical file as required by Article 6 of Regulation (EC)
No 552/2004.

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ANNEX IV

Conditions referred to in Article 8

1. The air navigation service provider must have in place reporting methods within the organisation which ensure and

demonstrate impartiality and independence of judgement in relation to the verification activities.

2. The air navigation service provider must ensure that the personnel involved in verification processes, carry out the
checks with the greatest possible professional integrity and the greatest possible technical competence and are free of
any pressure and incentive, in particular of a financial type, which could affect their judgement or the results of their
checks, in particular from persons or groups of persons affected by the results of the checks.

3. The air navigation service provider must ensure that the personnel involved in verification processes, have access to the

equipment that enables them to properly perform the required checks.

4. The air navigation service provider must ensure that the personnel involved in verification processes, have sound
technical and vocational training, satisfactory knowledge of the requirements of the verifications they have to carry
out, adequate experience of such operations, and the ability required to draw up the declarations, records and reports
to demonstrate that the verifications have been carried out.

5. The air navigation service provider must ensure that the personnel

involved in verification processes, are able to
perform their checks with impartiality. Their remuneration shall not depend on the number of checks carried out, or
on the results of such checks.