CELEX: 
Language: en
Date: 2020-04-29 00:00:00
Title: COMMISSION IMPLEMENTING REGULATION (EU) …/... amending Implementing Regulation (EU) No 1206/2011 laying down requirements on aircraft identification for surveillance for the single European sky and Implementing Regulation (EU) No 1207/2011 laying down requirements for the performance and the interoperability of surveillance for the single European sky

EUROPEAN
                             COMMISSION
                                                       Brussels, 29.4.2020
                                                       C(2020) 2620 final
               COMMISSION IMPLEMENTING REGULATION (EU) …/...
                                          of 29.4.2020
   amending Implementing Regulation (EU) No 1206/2011 laying down requirements on
   aircraft identification for surveillance for the single European sky and Implementing
   Regulation (EU) No 1207/2011 laying down requirements for the performance and the
                interoperability of surveillance for the single European sky
                                   (Text with EEA relevance)
EN                                                                                       EN
 ---pagebreak---                  COMMISSION IMPLEMENTING REGULATION (EU) …/...
                                                 of 29.4.2020
     amending Implementing Regulation (EU) No 1206/2011 laying down requirements on
     aircraft identification for surveillance for the single European sky and Implementing
     Regulation (EU) No 1207/2011 laying down requirements for the performance and the
                   interoperability of surveillance for the single European sky
                                         (Text with EEA relevance)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (EU) 2018/1139 of the European Parliament and of the Council
   of 4 July 2018 on common rules in the field of civil aviation and establishing a European
   Union Aviation Safety Agency, and amending Regulations (EC) No 2111/2005, (EC) No
   1008/2008, (EU) No 996/2010, (EU) No 376/2014 and Directives 2014/30/EU and
   2014/53/EU of the European Parliament and of the Council, and repealing Regulations (EC)
   No 552/2004 and (EC) No 216/2008 of the European Parliament and of the Council and
   Council Regulation (EEC) No 3922/911, and in particular point (a) of Article 44(1) thereof,
   Whereas:
   (1)    In order to ensure safe and efficient operations of aircraft, aerodromes, air traffic
          management, air navigation and of the European air traffic management network, it is
          necessary to provide for certain improvements to the operating rules related to the use
          of airspace, aircraft equipment and air traffic management and air navigation services
          systems and their constituents required for the use of airspace. New and updated
          safety-related interoperability requirements should therefore be set out in Commission
          Implementing Regulation (EU) No 1206/20112 and Commission Implementing
          Regulation (EU) No 1207/20113.
   (2)    Taking into account the experiences from the ongoing implementation of airborne
          surveillance capability and the capability of the ground systems to process data,
          effective and timely installation of aircraft equipment is necessary to enable the full
          surveillance chain to achieve the expected benefits within the established deadlines.
          The criteria for exemptions from the requirements to equip aircraft should be amended
          to provide clarity as to which aircraft are to be equipped and which ones are to benefit
          of an exemption from those requirements. At the same time, the overall number of
          aircraft equipped should remain effective and should not impose an undue economic
          burden.
   1
          OJ L 212, 22.8.2018, p. 1.
   2
          Commission Implementing Regulation (EU) No 1206/2011 of 22 November 2011 laying down
          requirements on aircraft identification for surveillance for the single European sky (OJ L 305,
          23.11.2011, p. 23)
   3
          Commission Implementing Regulation (EU) No 1207/2011 of 22 November 2011 laying down
          requirements for the performance and the interoperability of surveillance for the single European sky
          (OJ L 305, 23.11.2011, p. 35).
EN                                                     1                                                        EN
 ---pagebreak---    (3)   A significant number of equipped aircraft is already certified in line with the
         international standard for airborne parts and appliances for the surveillance systems,
         corresponding to Annex 10 to the Chicago Convention, Volume IV, Third Edition,
         including all amendments up to No 77. That standard is fully compatible with the
         anticipated surveillance systems. Mandating the use of the standard corresponding to
         Annex 10 to the Chicago Convention, Volume IV, Fourth Edition including all
         amendments up to No 85 as currently provided in Annex II to Regulation (EU) No
         1207/2011 would impose an undue economic burden. Therefore, the standard
         corresponding to Annex 10 to the Chicago Convention, Volume IV, Third Edition
         including all amendments up to No 77 should be considered as the minimum
         requirement. Therefore, the minimum technical standards to which aircraft operators
         are to comply laid down in Implementing Regulation (EU) No 1207/2011 should be
         amended.
   (4)   State aircraft operating as general air traffic should be equipped with serviceable
         secondary surveillance radar transponders in line with the requirements applicable to
         civil aircraft laid out in points (a) and (c) of Article 5(5) of Implementing Regulation
         (EU) No 1207/2011. The procedures and conditions related to state aircraft that cannot
         be equipped with serviceable secondary surveillance radar transponders should remain
         those laid out in Article 8 of Implementing Regulation (EU) No 1207/2011.
   (5)   The requirements for the formal arrangements on transferring surveillance data
         between air navigation service providers should be amended to reflect existing data
         distribution scenarios to facilitate exchange of surveillance data and to avoid excessive
         onerous constraints on the delivering provider.
   (6)   In order to ensure the effectiveness of State aircraft operations, the ability of the
         European ATM system to ensure that those State aircraft engaged in sensitive
         operations and training are able to operate with the assignment of discrete SSR codes
         should be established and therefore Implementing Regulation (EU) No 1206/2011
         should be amended accordingly.
   (7)   The outbreak of the pandemic of Covid-19 virus and the resulting impact on the
         aviation sector has led to unforeseeable obstacles for aircraft operators to pursue their
         activities to bring the aircraft in compliance with certain requirements of
         Implementing Regulation (EU) No 1207/2011. As a result, the deadline for aircraft
         operators laid out in Article 5(5), Article 8(1) and Article 8(2) of Implementing
         Regulation (EU) No 1207/2011 should be postponed to 7 December 2020, and
         Implementing Regulation (EU) No 1207/2011 should be amended accordingly.
   (8)   Implementing Regulation (EU) No 1206/2011 and Implementing Regulation (EU) No
         1207/2011 should therefore be amended accordingly.
   (9)   The measures provided for in this Regulation are in accordance with the opinion of the
         Committee referred to in Article 127(1) of Regulation (EU) 2018/1139,
   HAS ADOPTED THIS REGULATION:
                                                Article 1
   Annex II to Implementing Regulation (EU) No 1206/2011 is amended in accordance with
   Annex I to this Regulation.
EN                                                  2                                              EN
 ---pagebreak---                                                 Article 2
   Implementing Regulation (EU) No 1207/2011 is amended as follows:
   (1)    in Article 2, paragraph 2 is replaced by the following:
          ‘2. This Regulation shall apply to all flights operating as general air traffic in
          accordance with instrument flight rules within the Single European Sky airspace with
          the exception of Article 7(3) and 7(4) which shall apply to all flights operating as
          general air traffic’;
   (2)    in Article 4, paragraph 4 is deleted;
   (3)    in Article 5, paragraphs 5 and 6 are replaced by the following:
          ‘5. By 7 December 2020 operators shall ensure that:
                (a)    aircraft operating flights referred to in Article 2(2) are equipped with
                       serviceable secondary surveillance radar transponders that comply with
                       the following conditions:
                       (i)    they have the capabilities set out in Part A of Annex II;
                       (ii)   they have the continuity sufficient to avoid presenting an
                              operational risk;
                (b)    aircraft with a maximum certified take-off mass exceeding 5700 kg or
                       having a maximum cruising true airspeed capability greater than 250
                       knots, operating flights referred to in Article 2(2), with an individual
                       certificate of airworthiness first issued on or after 7 June 1995, are
                       equipped with serviceable secondary surveillance radar transponders that
                       comply with the following conditions:
                       (i)    they have the capabilities set out in Parts A and B of Annex II;
                       (ii)   they have the continuity sufficient to avoid presenting an
                              operational risk;
                (c)    fixed wing aircraft with a maximum certified take-off mass exceeding
                       5700 kg or having a maximum cruising true airspeed capability greater
                       than 250 knots, operating flights referred to in Article 2(2), with an
                       individual certificate of airworthiness first issued on or after 7 June 1995,
                       are equipped with serviceable secondary surveillance radar transponders
                       that comply with the following conditions:
                       (i)    they have the capabilities set out in Parts A, B and C of Annex II;
                       (ii)   they have the continuity sufficient to avoid presenting an
                              operational risk.
          Points (b) and (c) of the first subparagraph shall not apply to aircraft that operate
          within the Single European Sky airspace and that belong to one of the following
          categories:
                       (i)    they are being flown to undergo maintenance;
                       (ii)   they are being flown for export;
                       (iii) their operations will be ceased by 31 October 2025.
EN                                                  3                                                EN
 ---pagebreak---         Operators of aircraft with a first certificate of airworthiness issued before 7
        December 2020 shall comply by 7 June 2023 with the requirements set out in points
        (b) and (c) of the first subparagraph, subject to the following conditions:
                     (i)   they have established before 7 December 2020 a retrofit
                           programme demonstrating compliance with points (b) and (c) of
                           the first subparagraph;
                     (ii)  those aircraft have not benefitted from any Union funding granted
                           to bring such aircraft in compliance with the requirements set out in
                           points (b) and (c) of the first subparagraph.
        For aircraft where the capability of the transponders to comply with the requirements
        of points (b) and (c) of the first subparagraph is temporarily inoperative, operators
        shall be entitled to operate that aircraft in the Single European Sky airspace for a
        maximum of 3 consecutive days.
        6. Operators shall ensure that aircraft equipped in accordance with paragraph 5 and
        having a maximum certified take-off mass exceeding 5700 kg or having a maximum
        cruising true airspeed capability greater than 250 knots, operate with antenna
        diversity, with a minimum performance as prescribed in paragraph 3.1.2.10.4 of
        Annex 10 to the Chicago Convention, Volume IV, Third Edition, including all
        amendments up to No 77.’;
   (4)  in Article 5, paragraph 7 is deleted;
   (5)  in Article 6, paragraph 2 is deleted;
   (6)  in Article 7, paragraph 2 is deleted;
   (7)  in Article 7, paragraph 3 is replaced by the following:
        ‘3. Member States shall ensure that the assignment of 24-bit ICAO aircraft addresses
        to aircraft equipped with a Mode S transponder complies with Chapter 9 and its
        appendix of Annex 10 to the Chicago Convention, Volume III, Second Edition
        including all amendments up to No 90.’;
   (8)  in Article 8, paragraphs 1 and 2 are replaced by the following:
        ‘1. Member States shall ensure that, by 7 December 2020 at the latest, State aircraft
        comply with point (a) of Article 5(5).
        2. Member States shall ensure that, by 7 December 2020 at the latest, transport-type
        State aircraft comply with point (c) of Article 5(5).’;
   (9)  in Article 8, the following paragraph 8 is inserted:
        ‘8. For State aircraft where the capability of the transponders to comply with the
        requirements of paragraphs 1 and 2 is temporarily inoperative, Member States shall
        be entitled to allow the operation of that aircraft in the Single European Sky airspace
        for a maximum of 3 consecutive days.’;
   (10) Article 14 is deleted;
   (11) the following Article 14a is inserted:
        ‘Article 14a
        Flight Plans
EN                                              4                                                EN
 ---pagebreak---             Operators of non-equipped State aircraft communicated as per Article 8(3) and
            operators of aircraft not equipped in accordance with Article 5(5) operating within
            the Single European Sky airspace, shall include the indicators SUR/EUADSBX or
            SUR/EUEHSX or SUR/EUELSX or a combination thereof, in Item 18 of the flight
            plan.’;
   (12)     Annex II is amended in accordance with Annex II to this Regulation.
   (13)     Annex IV is amended in accordance with Annex III to this Regulation.
                                               Article 3
   This Regulation shall enter into force on the twentieth day following that of 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, 29.4.2020
                                                 For the Commission
                                                 The President
                                                 Ursula VON DER LEYEN
EN                                                 5                                                EN
 ---documentbreak---                             EUROPEAN
                            COMMISSION
                                                     Brussels, 29.4.2020
                                                     C(2020) 2620 final
                                                     ANNEXES 1 to 3
                                          ANNEXES
                                            to the
                           Commission Implementing Regulation
       amending Commission Implementing Regulation (EU) 1206/2011 laying down
     requirements on aircraft identification for surveillance for the single European sky
         and Commission Implementing Regulation (EU) No 1207/2011 laying down
   requirements for the performance and the interoperability of surveillance for the single
                                        European sky
EN                                                                                          EN
 ---pagebreak---                                                ANNEX I
   Point 3 of Annex II to Implementing Regulation (EU) No 1206/2011 is amended as follows:
   (1)      point (c) is replaced by the following:
            ‘(c) an aircraft which is eligible for the assignment of the conspicuity code
            established in accordance with point (c) of Article 4(6) exits or is otherwise diverted
            outside the airspace volume referred to in point (1);’;
   (2)      the following point (d) is added:
            ‘(d) State aircraft engaged on nationally sensitive operations or training, that require
            security and confidentiality.’.
EN                                                  1                                                EN
 ---pagebreak---                                               ANNEX II
   Annex II to Implementing Regulation (EU) No 1207/2011 is amended as follows:
           (1)    Part A is amended as follows:
                  (a)   point 1 is replaced by the following:
           ‘1. The minimum capability for the secondary surveillance transponder shall be
           Mode S Level 2 meeting the performance and functionality criteria of Annex 10 to
           the Chicago Convention, Volume IV, Third Edition including all amendments up to
           No 77.’;
                  (b)   point 5 is replaced by the following:
           ‘5. The data items referred to in point 4 shall only be transmitted by the transponder
           via the Mode S protocol. The aircraft and equipment certification process shall cover
           the transmission of those data items.’;
                  (c)   point 6 is deleted;
           (2)    Part B is amended as follows:
                  (a)   point 1 is replaced by the following:
           ‘1. The minimum capability for the secondary surveillance transponder shall be
           Mode S Level 2 meeting the performance and functionality criteria of Annex 10 to
           the Chicago Convention, Volume IV, Third Edition including all amendments up to
           No 77.’;
                  (b)   point 15 is replaced by the following:
           ‘15. Except for military reserved formats, the data items referred to in point 14 shall
           only be transmitted by the transponder via the extended squitter ADS-B protocol.
           The aircraft and equipment certification process shall cover the transmission of these
           data items. ’;
                  (c)   point 16 is deleted;
           (3)    Part C is amended as follows:
                  (a)   in point 2, the introductory phrase is replaced by the following:
           ‘2. The following data items, where available on a digital bus, shall be transmitted by
           the transponder as requested by the ground-based surveillance chain, via the Mode S
           protocol and in accordance with the formats specified in ICAO document 9871 (2nd
           edition):’;
                  (b)   point 4 is replaced by the following:
           ‘4. The data items referred to in point 3 shall only be transmitted by the transponder
           via the Mode S protocol. The aircraft and equipment certification process shall cover
           the transmission of these data items.’.
EN                                                 2                                               EN
 ---pagebreak---                                              ANNEX III
   Annex IV to Implementing Regulation (EU) No 1207/2011 is amended as follows:
          (1)    ANNEX IV is replaced by the following:
                                                  ‘Annex IV
          Requirements for the establishment of formal arrangements referred to in
          Article 5(2)
          Formal arrangements between air navigation service providers for the exchange or
          provision of surveillance data shall include the following minimum content:
          (a) the parties to the arrangements;
          (b) the period of validity of the arrangements;
          (c) the scope of the surveillance data;
          (d) the sources of the surveillance data;
          (e) the exchange format of the surveillance data;
          (f) the service delivery point of the surveillance data;
          (g) agreed service levels in terms of the following;
          — surveillance data performance                 as   established by    Article  4(3)
          — procedures in case of unserviceability;
          (h) change management procedures;
          (i) reporting arrangements with respect to performance and availability including
          unforeseen outage;
          (j) management and coordination arrangements;
          (k) ground-based surveillance chain safeguarding and notification arrangements.’.
EN                                                3                                            EN