Commission Regulation (EC) No 1265/2007 (repealed)Show full title

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).

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).

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.

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 environment,

• 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.

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.

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.