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Commission Implementing Regulation (EU) No 1079/2012 of 16 November 2012 laying down requirements for voice channels spacing for the single European sky (Text with EEA relevance)
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1.[F1The Secretary of State] shall ensure that transport-type State aircraft operating flights above FL 195 are equipped with radios having the 8,33 kHz channel spacing capability.
2.Where procurement constraints prevent compliance with paragraph 1, [F2the Secretary of State] shall ensure that transport-type State aircraft operating flights above FL 195 are equipped with radios having the 8,33 kHz channel spacing capability F3....
3.[F4The Secretary of State] shall ensure that non-transport-type State aircraft operating flights above FL 195 are equipped with radios having the 8,33 kHz channel spacing capability.
4.[F5The Secretary of State] may allow non-compliance with paragraph 3 due to:
(a)compelling technical or budgetary constraints;
(b)procurement constraints.
5.When procurement constraints prevent compliance with paragraph 3, [F6the Secretary of State] shall ensure that non-transport-type State aircraft operating flights above FL 195 are equipped with radios having the 8,33 kHz channel spacing capability F7....
6.[F8The Secretary of State] shall ensure that new State aircraft entering into service F9... are equipped with radios having the 8,33 kHz channel spacing capability.
7.[F10The Secretary of State] shall ensure that F11..., whenever the radios installed on-board the State aircraft are subject to radio upgrades, the new radios have the 8,33 kHz channel spacing capability.
8.[F12The Secretary of State] shall ensure that all State aircraft are equipped with radios having the 8,33 kHz channel spacing capability F13....
F149.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1510.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
11.Paragraph 8 shall not apply in respect of State aircraft that will be withdrawn from operational service by 31 December 2025.
12.Air traffic service providers shall ensure that State aircraft not equipped with radios having the 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 frequency assignments.
13.[F16The CAA] shall publish procedures for the handling of State aircraft which are not equipped with radios having the 8,33 kHz channel spacing capability in their national aeronautical information publications.
14.Air traffic service providers shall communicate to the [F17CAA] on an annual basis, their plans for the handling of State aircraft which are not equipped with radios having the 8,33 kHz channel spacing capability, taking into account the capacity limits associated with the procedures referred to in paragraph 13.
Textual Amendments
F1Words in Art. 9(1) substituted (31.12.2020) by The Air Traffic Management (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/459), regs. 1(2), 316(2); 2020 c. 1, Sch. 5 para. 1(1)
F2Words in Art. 9(2) substituted (31.12.2020) by The Air Traffic Management (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/459), regs. 1(2), 316(3)(a); 2020 c. 1, Sch. 5 para. 1(1)
F3Words in Art. 9(2) omitted (31.12.2020) by virtue of The Air Traffic Management (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/459), regs. 1(2), 316(3)(b); 2020 c. 1, Sch. 5 para. 1(1)
F4Words in Art. 9(3) substituted (31.12.2020) by The Air Traffic Management (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/459), regs. 1(2), 316(4); 2020 c. 1, Sch. 5 para. 1(1)
F5Words in Art. 9(4) substituted (31.12.2020) by The Air Traffic Management (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/459), regs. 1(2), 316(4); 2020 c. 1, Sch. 5 para. 1(1)
F6Words in Art. 9(5) substituted (31.12.2020) by The Air Traffic Management (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/459), regs. 1(2), 316(5)(a); 2020 c. 1, Sch. 5 para. 1(1)
F7Words in Art. 9(5) omitted (31.12.2020) by virtue of The Air Traffic Management (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/459), regs. 1(2), 316(5)(b); 2020 c. 1, Sch. 5 para. 1(1)
F8Words in Art. 9(6) substituted (31.12.2020) by The Air Traffic Management (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/459), regs. 1(2), 316(6)(a); 2020 c. 1, Sch. 5 para. 1(1)
F9Words in Art. 9(6) omitted (31.12.2020) by virtue of The Air Traffic Management (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/459), regs. 1(2), 316(6)(b); 2020 c. 1, Sch. 5 para. 1(1)
F10Words in Art. 9(7) substituted (31.12.2020) by The Air Traffic Management (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/459), regs. 1(2), 316(7)(a); 2020 c. 1, Sch. 5 para. 1(1)
F11Words in Art. 9(7) omitted (31.12.2020) by virtue of The Air Traffic Management (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/459), regs. 1(2), 316(7)(b); 2020 c. 1, Sch. 5 para. 1(1)
F12Words in Art. 9(8) substituted (31.12.2020) by The Air Traffic Management (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/459), regs. 1(2), 316(8)(a); 2020 c. 1, Sch. 5 para. 1(1)
F13Words in Art. 9(8) omitted (31.12.2020) by virtue of The Air Traffic Management (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/459), regs. 1(2), 316(8)(b); 2020 c. 1, Sch. 5 para. 1(1)
F14Art. 9(9) omitted (31.12.2020) by virtue of The Air Traffic Management (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/459), regs. 1(2), 316(9); 2020 c. 1, Sch. 5 para. 1(1)
F15Art. 9(10) omitted (31.12.2020) by virtue of The Air Traffic Management (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/459), regs. 1(2), 316(9); 2020 c. 1, Sch. 5 para. 1(1)
F16Words in Art. 9(13) substituted (31.12.2020) by The Air Traffic Management (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/459), regs. 1(2), 316(10); 2020 c. 1, Sch. 5 para. 1(1)
F17Word in Art. 9(14) substituted (31.12.2020) by The Air Traffic Management (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/459), regs. 1(2), 316(11); 2020 c. 1, Sch. 5 para. 1(1)
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