Commission Implementing Regulation (EU) No 1207/2011Show full title

Article 5 U.K. Interoperability requirements

1. Air navigation service providers shall ensure that all surveillance data transferred from their systems identified in points (b) and (c) of Article 2(1) to other navigation service providers complies with the requirements set out in Annex III.

2. Air navigation service providers when transferring surveillance data from their systems identified in points (b) and (c) of Article 2(1) to other air navigation service providers, shall establish formal arrangements with them for the exchange of the data in accordance with the requirements set out in Annex IV.

3. Air navigation service providers shall ensure that, by 2 January 2020 at the latest, the cooperative surveillance chain has the necessary capability to allow them to establish individual aircraft identification using downlinked aircraft identification made available by aircraft equipped in accordance with Annex II.

F1 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F2 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 5 700 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 5 700 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 [F3 airspace provided for in Article 1(3) of Regulation (EC) No 551/2004 of the European Parliament and of the Council] 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.

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 [F3 airspace provided for in Article 1(3) of Regulation (EC) No 551/2004 of the European Parliament and of the Council] 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 5 700 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.]

F4 7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

8. Air navigation service providers shall ensure that, before putting into service the systems referred to in points (b), (c) and (d) of Article 2(1), they are implementing the most efficient deployment solutions taking into account the local operating environments, constraints and needs as well as airspace users capabilities.

Textual Amendments

F1 Deleted by Commission Implementing Regulation (EU) 2017/386 of 6 March 2017 amending 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).

F2 Substituted by Commission Implementing Regulation (EU) 2020/587 of 29 April 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).

F3 Words in Art. 5(5) substituted (31.12.2020) by S.I. 2019/459, reg. 279 (as substituted by The Air Traffic Management (Amendment etc.) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/784), regs. 1(2), 4)

F4 Deleted by Commission Implementing Regulation (EU) 2020/587 of 29 April 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).