L 228/40
EN
Official Journal of the European Union
15.9.2023
(6)
It is appropriate that those requirements continue to apply to aircraft operators that operate as general air traffic in the Single European Sky airspace, during all phases of flight and in the movement area of an aerodrome, with the exception of aircraft referred to in Article 2(3), point (a), of Regulation (EU) 2018/1139.
Member States should be responsible for ensuring that operations of these aircraft have due regard for the safety of navigation of all other aircraft.
Member States may, however, decide to apply this Regulation to those aircraft.
(7)
In line with the scope of Regulation (EC) No 29/2009, this Regulation should provide for the same exceptions to datalink requirements as granted under Commission Implementing Decision (EU) 2019/2012 (7).
(8)
Article 14(2) of Implementing Regulation (EU) No 1079/2012 provided for exemptions from the obligation to operate an aircraft where radio is required with its radio equipment having 8,33 kHz channel spacing capability.
This Regulation should not alter the existing exemptions.
(9)
The development of requirements in this Regulation have taken due account of the content of the ATM Master Plan and the communication, navigation and surveillance capabilities contained in it.
(10)
With its Opinion 01/2023, the European Union Aviation Safety Agency has prepared and submitted to the Commission draft implementing rules in accordance with Article 75(2), points (b) and (c), and Article 76(1) of Regulation (EU) 2018/1139.
(11)
The measures provided for in this Regulation are in accordance with the opinion of the committee established in accordance with Article 127 of Regulation (EU) 2018/1139,
HAS ADOPTED THIS REGULATION:
Article 1 Subject matter and scope 1.
This Regulation lays down operating rules related to the use of airspace and requirements on aircraft equipment required for the safe and uniform operation within the Single European Sky airspace. 2.
This Regulation shall apply to operators of aircraft referred to in Article 2(1), points (b) (i) and (ii) and Article 2(1), point (c), of Regulation (EU) 2018/1139 that are engaged in general air traffic and operate into, within or out of the Single European Sky airspace.
Article 2 Definitions For the purposes of this Implementing Regulation, the following definitions shall apply: (1) ‘air traffic control unit’ (ATC unit) means a generic term meaning variously, area control centre, approach control unit, or aerodrome control tower; (2) ‘data link service’ means a set of related air traffic management transactions, supported by air–ground data link communications, which have a clearly defined operational goal and which begin and end on an operational event; (3) ‘offset carrier operation’ means a case where the designated operational coverage cannot be ensured by a single ground transmitter, and where the signals from two or more ground transmitters are offset from the nominal channel centre frequency in order to minimise interference problems.
(7) Commission Implementing Decision (EU) 2019/2012 of 29 November 2019 on exemptions under Article 14 of Commission Regulation (EC) No 29/2009 laying down requirements on data link services for the single European sky (OJ L 312, 3.12.2019, p. 95).