Commission Implementing Regulation (EU) No 1079/2012Show full title

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)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EC) No 552/2004 of the European Parliament and of the Council of 10 March 2004 on the interoperability of the European Air Traffic Management network (the interoperability Regulation)(1), and in particular Article 3(5) thereof,

Whereas:

(1) The Commission has issued a mandate to Eurocontrol in accordance with Article 8(1) of Regulation (EC) No 549/2004 of the European Parliament and of the Council of 10 March 2004 laying down the framework for the creation of the single European sky (the framework Regulation)(2) to develop requirements for the coordinated introduction of air-ground voice communications based on 8,33 kHz channel spacing. This Regulation is based on the resulting mandate report of 12 July 2011.

(2) The first phase of the mandate led to the adoption of Commission Regulation (EC) No 1265/2007 of 26 October 2007 laying down requirements on air-ground voice channel spacing for the single European sky(3) which aimed at the coordinated introduction of air-ground voice communications based on 8,33 kHz channel spacing in the airspace above Flight Level (FL) 195.

(3) Specific provisions of Regulation (EC) No 1265/2007, mainly regarding procedures, were already applicable in the airspace below FL 195.

(4) Previous conversions to 8,33 kHz channel spacing above FL 195 have reduced frequency congestion, but have not eliminated it. Many Member States find it increasingly difficult to satisfy the demand for new frequency assignments in the aeronautical mobile route service band 117,975-137 MHz (‘the VHF band’).

(5) The only realistic option to resolve the medium to long-term congestion problem in the VHF band is the further deployment of air-ground voice communications based on 8,33 kHz channel spacing.

(6) Inability to meet future demand for frequency assignments will delay or make impossible airspace improvements to increase capacity and will lead to increase in delays entailing significant costs.

(7) The Network Manager set up by Commission Regulation (EU) No 677/2011 of 7 July 2011 laying down detailed rules for the implementation of air traffic management (ATM) network functions and amending Regulation (EU) No 691/2010(4) coordinates and harmonises the processes and procedures to enhance the efficiency of aeronautical frequency management. It also coordinates the early identification of needs and resolution of frequency problems.

(8) Harmonised frequency use in the entire European airspace under Member States responsibility for specific applications will further optimise the use of limited radio spectrum resources. Therefore the 8,33 kHz channel spacing conversion of frequencies should take into account the possible actions of the Network Manager for harmonised frequency use mainly by general aviation for air-to-air communications purposes and for specific applications related to general aviation activities.

(9) The investment made as a result of Regulation (EC) No 1265/2007 has substantially reduced the cost of deployment of 8,33 kHz channel spacing in the airspace below FL 195 for air navigation service providers and for operators flying above FL 195.

(10) The requirements for general aviation aircraft operating under visual flight rules to be equipped with radios with 8,33 kHz channel spacing capability will impose a considerable cost with limited operational benefits for those aircraft.

(11) The European Organisation for Civil Aviation Equipment (Eurocae) specification ED-23B should be considered as sufficient means of compliance with regard to the capabilities of the airborne equipment.

(12) Airborne equipment compliant with the Eurocae specification ED-23C provides improved communications characteristics. It should therefore be considered as the preferred option to ED-23B whenever possible.

(13) The arrangements for State aircraft should take into account their specific constraints with appropriate implementation dates.

(14) This Regulation should not cover military operations and training in accordance with Article 1(2) of Regulation (EC) No 549/2004.

(15) Member States which apply North Atlantic Treaty Organisation (‘NATO’) combined frequency requirements should maintain the 122,1 MHz frequency in 25 kHz channel spacing for the accommodation of State aircraft not equipped with radios with 8,33 kHz channel spacing capability, until a suitable alternative is found.

(16) With a view to maintaining or enhancing existing safety levels of operations, Member States should ensure that the parties concerned carry out a safety assessment including hazard identification, risk assessment and mitigation processes. Harmonised implementation of those processes to the systems covered by this Regulation necessitates the identification of specific safety requirements for all interoperability and performance requirements.

(17) In accordance with Regulation (EC) No 552/2004, implementing rules for interoperability should describe the specific conformity assessment procedures to be used to assess the conformity or suitability for use of constituents as well as the verification of systems.

(18) The level of maturity of the market for the constituents to which this Regulation applies is such that their conformity or suitability for use can be assessed through internal production control, using procedures based on Module A in Annex II to Decision No 768/2008/EC of the European Parliament and of the Council of 9 July 2008 on a common framework for the marketing of products, and repealing Council Decision 93/465/EEC(5).

(19) For reasons of clarity, Regulation (EC) No 1265/2007 should be repealed.

(20) The measures provided for in this Regulation are in accordance with the opinion of the Single Sky Committee,

HAS ADOPTED THIS REGULATION:

Article 1 U.K. Subject matter

This Regulation lays down requirements for the coordinated introduction of air-ground voice communications based on 8,33 kHz channel spacing.

Article 2 U.K. Scope

1. This Regulation shall apply to all radios operating in the 117,975-137 MHz band (‘the VHF band’) allocated to the aeronautical mobile route service, including systems, their constituents and associated procedures.

2. This Regulation shall apply to flight data processing systems serving air traffic control units providing services to general air traffic, their constituents and associated procedures.

3. This Regulation shall apply to all flights operating as general air traffic, within the airspace of the International Civil Aviation Organisation (‘ICAO’) EUR region where [F1 the United Kingdom is] responsible for the provision of air traffic services in accordance with Regulation (EC) No 550/2004 of the European Parliament and of the Council(6).

4. The conversion requirements shall not apply to frequency assignments:

(a) that will remain in 25 kHz channel spacing on the following frequencies:

(i)

the emergency frequency (121,5 MHz);

(ii)

the auxiliary frequency for search and rescue operations (123,1 MHz);

(iii)

the VHF digital link (VDL) frequencies (136,725 MHz, 136,775 MHz, 136,825 MHz, 136,875 MHz, 136,925 MHz and 136,975 MHz);

(iv)

the aircraft communications addressing and reporting system (ACARS) frequencies (131,525 MHz, 131,725 MHz and 131,825 MHz);

(b) where offset carrier operation within a 25 kHz channel spacing is utilised.

5. Radios intended to operate exclusively in one or more frequency assignments that will remain in 25 kHz channel spacing shall not be required to have the 8,33 kHz channel spacing capability.

Textual Amendments

F1 Words in art. 2(3) substituted (31.12.2020) by The Air Traffic Management (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/459), regs. 1(2), 310; 2020 c. 1, Sch. 5 para. 1(1)

Article 3 U.K. Definitions

For the purpose of this Regulation, the definitions set out in Article 2 of Regulation (EC) No 549/2004 shall apply. The following definitions shall also apply:

(1)

‘channel’ means a numerical designator used in conjunction with voice communication equipment tuning, which allows unique identification of the applicable radio frequency and associated channel spacing;

(2)

‘8,33 kHz channel spacing’ means a channel spacing where the nominal channel centre frequencies are separated in increments of 8,33 kHz;

(3)

‘radio’ means any installed, portable or handheld device designed to transmit and/or receive transmissions in the VHF band;

(4)

‘central register’ means a register where the national frequency manager registers the necessary operational, technical and administrative details for each frequency assignment in accordance with Regulation (EU) No 677/2011;

(5)

‘8,33 kHz conversion’ means the replacement of a frequency assignment registered in the central register and using 25 kHz channel spacing by a frequency assignment using 8,33 kHz channel spacing;

(6)

‘frequency assignment’ means authorisation given by [F2 the CAA or] a Member State to use a radio frequency or radio frequency channel under specified conditions for the purpose of operating radio equipment;

(7)

‘operator’ means a person, organisation or enterprise engaged in or offering to engage in an aircraft operation;

(8)

‘flights operated under visual flight rules’ means any flights operated under visual flight rules as defined in Annex 2 to the 1944 Chicago Convention on International Civil Aviation (‘the Chicago Convention’);

(9)

‘State aircraft’ means any aircraft used by military, customs or police;

(10)

‘offset carrier operation’ means a case where the designated operational coverage cannot be ensured by a single ground transmitter and where, in order to minimise the interference problems, the signals from two or more ground transmitters are offset from the nominal channel centre frequency;

(11)

‘aircraft radio equipment’ means one or more radios located on board an aircraft and used by an authorised flight crew member during flight;

(12)

‘radio upgrade’ means the replacement of a radio by a radio of a different model or part number;

(13)

‘designated operational coverage’ means the volume of airspace in which a particular service is provided and in which the service is afforded frequency protection;

(14)

‘air traffic control unit’ (‘ATC unit’) means area control centre, approach control unit or aerodrome control tower;

(15)

‘working position’ means the furniture and technical equipment at which a member of the air traffic services (‘ATS’) staff undertakes the tasks associated with his operational responsibilities;

(16)

‘radio-telephony’ means a form of radio-communication primarily intended for the exchange of information in the form of speech;

(17)

‘letter of agreement’ means an agreement between two adjacent ATS units that specifies how their respective ATS responsibilities are to be coordinated;

(18)

‘Integrated Initial Flight Plan Processing System’ (‘IFPS’) means a system within the European Air Traffic Management Network through which a centralised flight planning processing and distribution service, dealing with the reception, validation and distribution of flight plans, is provided within the airspace covered by this Regulation;

(19)

‘transport-type State aircraft’ means fixed wing State aircraft that are designed for the purpose of transporting persons and/or cargo;

(20)

‘airport operator’ means the managing body of an airport as defined in Council Regulation (EEC) No 95/93(7);

(21)

‘operational control communication’ means communication carried out by aircraft operators, which also affect air transport safety, regularity and efficiency of flights.

Textual Amendments

F2 Words in Art. 3(6) inserted (31.12.2020) by The Air Traffic Management (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/459), regs. 1(2), 311; 2020 c. 1, Sch. 5 para. 1(1)

Article 4 U.K. Interoperability and performance requirements of radio equipment

1. Manufacturers of radios intended to operate in the VHF band, or [F3 if the manufacturer is not established in the United Kingdom] their authorised representatives established in the [F4 United Kingdom], shall ensure that F5 ... all radios placed on the market, are 8,33 kHz channel spacing capable.

2. Air navigation service providers, operators and other users or owners of radios shall ensure that all radio equipment put into service from 17 November 2013, includes the 8,33 kHz channel spacing capability.

3. [F6 The CAA] shall ensure that aircraft for which the individual certificates of airworthiness or individual flight permits are first issued in the [F7 United Kingdom or European] Union from 17 November 2013 and have a radio equipage requirement, are fitted with radios having the 8,33 kHz channel spacing capability.

4. Air navigation service providers, operators and other users or owners of radios shall ensure that F8 ... their radios include the 8,33 kHz channel spacing capability whenever they are subject to radio upgrades.

5. [F9 The CAA] shall ensure that F10 ... all radios have the 8,33 kHz channel spacing capability with the exception of ground radios operated by air navigation service providers.

6. In addition to 8,33 kHz channel spacing capability, the equipment referred to in paragraphs 1-5 shall be able to tune to 25 kHz spaced channels.

7. Users or owners of ground radios having the 8,33 kHz channel spacing capability shall ensure that the performance of these radios and the transmitter/receiver ground constituent complies with the ICAO standards specified in point 1 of Annex II.

8. Users or owners of aircraft radio equipment having the 8,33 kHz channel spacing capability shall ensure that the performance of these radios comply with the ICAO standards specified in point 2 of Annex II.

Textual Amendments

F3 Words in Art. 4(1) inserted (31.12.2020) by The Air Traffic Management (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/459), regs. 1(2), 312(2)(a); 2020 c. 1, Sch. 5 para. 1(1)

F4 Words in Art. 4(1) substituted (31.12.2020) by The Air Traffic Management (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/459), regs. 1(2), 312(2)(b); 2020 c. 1, Sch. 5 para. 1(1)

F5 Words in Art. 4(1) omitted (31.12.2020) by virtue of The Air Traffic Management (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/459), regs. 1(2), 312(2)(c); 2020 c. 1, Sch. 5 para. 1(1)

F6 Words in Art. 4(3) substituted (31.12.2020) by The Air Traffic Management (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/459), regs. 1(2), 312(3)(a); 2020 c. 1, Sch. 5 para. 1(1)

F7 Words in Art. 4(3) inserted (31.12.2020) by The Air Traffic Management (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/459), regs. 1(2), 312(3)(b); 2020 c. 1, Sch. 5 para. 1(1)

F8 Words in Art. 4(4) omitted (31.12.2020) by virtue of The Air Traffic Management (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/459), regs. 1(2), 312(4); 2020 c. 1, Sch. 5 para. 1(1)

F9 Words in Art. 4(5) substituted (31.12.2020) by The Air Traffic Management (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/459), regs. 1(2), 312(5)(a); 2020 c. 1, Sch. 5 para. 1(1)

F10 Words in Art. 4(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), 312(5)(b); 2020 c. 1, Sch. 5 para. 1(1)

Article 5 U.K. Obligations of operators

1. An operator shall not operate an aircraft above FL 195 unless the aircraft radio equipment has the 8,33 kHz channel spacing capability.

2. [F11 An] operator shall not operate an aircraft flying under instrument flight rules in airspace class A, B or C of the [F12 under the responsibility of the United Kingdom or the] Member States listed in Annex I unless the aircraft radio equipment has the 8,33 kHz channel spacing capability.

3. With regard to the carriage requirements of 8,33 kHz channel spacing radio equipment identified in paragraph 2, an operator shall not operate an aircraft flying under visual flight rules in areas operating in 8,33 kHz channel spacing unless the aircraft radio equipment has the 8,33 kHz channel spacing capability.

4. Without prejudice to Article 2(5), F13 ... an operator shall not operate an aircraft in airspace where carriage of radio is required unless the aircraft radio equipment has the 8,33 kHz channel spacing capability.

Textual Amendments

F11 Word in Art. 5(2) substituted (31.12.2020) by The Air Traffic Management (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/459), regs. 1(2), 313(2)(a); 2020 c. 1, Sch. 5 para. 1(1)

F12 Words in Art. 5(2) inserted (31.12.2020) by The Air Traffic Management (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/459), regs. 1(2), 313(2)(b); 2020 c. 1, Sch. 5 para. 1(1)

F13 Words in Art. 5(4) omitted (31.12.2020) by virtue of The Air Traffic Management (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/459), regs. 1(2), 313(3); 2020 c. 1, Sch. 5 para. 1(1)

Article 6 U.K. Requirements on 8,33 kHz conversions

1. [F14 The CAA] shall ensure that for sectors with a lower level at or above FL 195 all voice frequency assignments are converted to 8,33 kHz channel spacing.

2. If under exceptional circumstances it is not possible to comply with paragraph 1, [F15 the CAA] shall communicate the reasons to [F16 Eurocontrol].

F17 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F17 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F17 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F17 6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F17 7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

8. [F18 The CAA] shall ensure that F19 ... all operational control communication frequency assignments in the central register are 8,33 kHz channel spacing frequency assignments.

9. Where, due to technical reasons, compliance with paragraph 8 can not be ensured, the [F20 CAA] shall communicate to the [F21 Secretary of State] the operational control communication frequency assignments which will not be converted and shall provide the justification for not making the conversions.

10. [F22 The CAA] shall ensure that F23 ... all frequency assignments are converted to 8,33 kHz channel spacing with the exception of:

(a) frequency assignments that stay in 25 kHz as a result of a safety requirement;

(b) 25 kHz frequency assignments used to accommodate State aircraft.

Textual Amendments

F14 Words in Art. 6(1) substituted (31.12.2020) by The Air Traffic Management (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/459), regs. 1(2), 314(2); 2020 c. 1, Sch. 5 para. 1(1)

F15 Words in Art. 6(2) substituted (31.12.2020) by The Air Traffic Management (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/459), regs. 1(2), 314(3)(a); 2020 c. 1, Sch. 5 para. 1(1)

F16 Word in Art. 6(2) substituted (31.12.2020) by The Air Traffic Management (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/459), regs. 1(2), 314(3)(b); 2020 c. 1, Sch. 5 para. 1(1)

F17 Art. 6(3)-(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), 314(4); 2020 c. 1, Sch. 5 para. 1(1)

F18 Words in Art. 6(8) substituted (31.12.2020) by The Air Traffic Management (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/459), regs. 1(2), 314(5)(a); 2020 c. 1, Sch. 5 para. 1(1)

F19 Words in Art. 6(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), 314(5)(b); 2020 c. 1, Sch. 5 para. 1(1)

F20 Word in Art. 6(9) substituted (31.12.2020) by The Air Traffic Management (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/459), regs. 1(2), 314(6)(a); 2020 c. 1, Sch. 5 para. 1(1)

F21 Words in Art. 6(9) substituted (31.12.2020) by The Air Traffic Management (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/459), regs. 1(2), 314(6)(b); 2020 c. 1, Sch. 5 para. 1(1)

F22 Words in Art. 6(10) substituted (31.12.2020) by The Air Traffic Management (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/459), regs. 1(2), 314(7)(a); 2020 c. 1, Sch. 5 para. 1(1)

F23 Words in Art. 6(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), 314(7)(b); 2020 c. 1, Sch. 5 para. 1(1)

Article 7 U.K. Obligations of air navigation service providers

1. Air navigation service providers shall ensure that their 8,33 kHz channel spacing voice communication systems allow an operationally acceptable voice communication between controllers and pilots within the designated operational coverage.

2. Air navigation service providers shall implement the notification and initial coordination processes in their flight data processing systems in accordance with Commission Regulation (EC) No 1032/2006(8) as follows:

(a) the information about the 8,33 kHz channel spacing capability of a flight shall be transmitted between ATC units;

(b) the information about the 8,33 kHz channel spacing capability of a flight shall be made available at the appropriate working position;

(c) the controller shall have the means to modify the information about the 8,33 kHz channel spacing capability of a flight.

Article 8 U.K. Associated procedures

1. Air navigation service providers, operators and other users of radios shall ensure that all six digits of the numerical designator are used to identify the transmitting channel in radio-telephony communications, except where both the fifth and sixth digits are zeros, in which case only the first four digits shall be used.

2. Air navigation service providers, operators and other users of radios shall ensure that their air-ground voice communication procedures are in accordance with the ICAO provisions specified in point 3 of Annex II.

3. Air navigation service providers shall ensure that the procedures applicable to aircraft equipped with radios having the 8,33 kHz channel spacing capability and to aircraft which are not equipped with such equipment are specified in the letters of agreement between ATS units.

4. All operators and agents acting on their behalf shall ensure that the letter Y is inserted in item 10 of the flight plan for aircraft equipped with radios having the 8,33 kHz channel spacing capability.

5. Operators and agents acting on their behalf shall ensure that when planning to fly in airspace requiring the carriage of radios with the 8,33 kHz channel spacing capability, the appropriate indicator is included in the flight plan for aircraft not equipped but which have been granted exemption from the mandatory carriage of equipment.

6. In the case of a change in the 8,33 kHz channel spacing capability status for a flight, the operators or the agents acting on their behalf shall send a modification message to IFPS with the appropriate indicator inserted in the relevant item.

F24 7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F24 Art. 8(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), 315; 2020 c. 1, Sch. 5 para. 1(1)

Article 9 U.K. Arrangements for State aircraft

1. [F25 The 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, [F26 the 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 F27 ....

3. [F28 The 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. [F29 The 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, [F30 the 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 F31 ....

6. [F32 The Secretary of State] shall ensure that new State aircraft entering into service F33 ... are equipped with radios having the 8,33 kHz channel spacing capability.

7. [F34 The Secretary of State] shall ensure that F35 ..., 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. [F36 The Secretary of State] shall ensure that all State aircraft are equipped with radios having the 8,33 kHz channel spacing capability F37 ....

F38 9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F39 10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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. [F40 The 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 [F41 CAA] 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

F25 Words 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)

F26 Words 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)

F27 Words 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)

F28 Words 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)

F29 Words 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)

F30 Words 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)

F31 Words 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)

F32 Words 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)

F33 Words 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)

F34 Words 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)

F35 Words 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)

F36 Words 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)

F37 Words 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)

F38 Art. 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)

F39 Art. 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)

F40 Words 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)

F41 Word 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)

Article 10 U.K. Safety requirements

[F42 The CAA] shall take the necessary measures to ensure that any changes to the existing systems referred to in Article 2(1) or the introduction of new systems, are preceded by a safety assessment, including hazard identification, risk assessment and mitigation, conducted by the parties concerned. During this safety assessment, the requirements specified in Annex III shall be taken into consideration as a minimum.

Textual Amendments

F42 Words in Art. 10 substituted (31.12.2020) by The Air Traffic Management (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/459), regs. 1(2), 317; 2020 c. 1, Sch. 5 para. 1(1)

Article 11 U.K. Conformity or suitability for use of constituents

1. Before issuing [F43 a] declaration of conformity or suitability for use pursuant to Article 5 of Regulation (EC) No 552/2004, manufacturers of constituents of the systems referred to in Article 2(1) of this Regulation shall assess the conformity or suitability for use of these constituents in compliance with the requirements set out in Annex IV, Part A, to this Regulation.

2. Where a certificate issued in accordance with Regulation (EC) No 216/2008 of the European Parliament and of the Council(9) applies to constituents, it shall be considered as [F44 a] declaration of conformity or suitability for use if it includes a demonstration of compliance with the applicable interoperability, performance and safety requirements of this Regulation.

Textual Amendments

F43 Word in Art. 11(1) substituted (31.12.2020) by The Air Traffic Management (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/459), regs. 1(2), 318; 2020 c. 1, Sch. 5 para. 1(1)

F44 Word in Art. 11(2) substituted (31.12.2020) by The Air Traffic Management (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/459), regs. 1(2), 318; 2020 c. 1, Sch. 5 para. 1(1)

Article 12 U.K. Verification of systems

1. Air navigation service providers which can demonstrate or have demonstrated to [F45 the CAA] that they fulfil the conditions set out in Annex V shall conduct a verification of the systems referred to in Article 2(1) in compliance with the requirements set out in Annex IV, Part C.

2. Air navigation service providers which cannot demonstrate that they fulfil the conditions set out in Annex V shall subcontract to [F46 an appointed] body a verification of the systems referred to in Article 2(1). The verification shall be conducted in compliance with the requirements set out in Annex IV, Part D.

3. Where a certificate issued in accordance with Regulation (EC) No 216/2008 applies to systems, it shall be considered as [F47 a] declaration of verification if it includes a demonstration of compliance with the applicable interoperability, performance and safety requirements of this Regulation.

Textual Amendments

F45 Words in Art. 12(1) substituted (31.12.2020) by The Air Traffic Management (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/459), regs. 1(2), 319(2); 2020 c. 1, Sch. 5 para. 1(1)

F46 Words in Art. 12(2) substituted (31.12.2020) by The Air Traffic Management (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/459), regs. 1(2), 319(3); 2020 c. 1, Sch. 5 para. 1(1)

F47 Word in Art. 12(3) substituted (31.12.2020) by The Air Traffic Management (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/459), regs. 1(2), 319(4); 2020 c. 1, Sch. 5 para. 1(1)

Article 13 U.K. Additional requirements

1. [F48 The CAA] shall ensure that all relevant stakeholders are made duly aware of the requirements laid down in this Regulation and that they are adequately trained for their job functions.

F49 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3. Air navigation service providers shall:

(a) develop and maintain operations manuals containing the necessary instructions and information to enable all their relevant personnel to apply this Regulation;

(b) ensure that the manuals referred to in point (a) are accessible and kept up to date and that their update and distribution are subject to appropriate quality and documentation management;

(c) ensure that the working methods and operating procedures comply with this Regulation.

F50 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5. Operators shall ensure that the personnel operating radio equipment are made duly aware of this Regulation, that they are adequately trained to use this equipment and that instructions are available in the cockpit where feasible.

6. [F51 The CAA] shall take the necessary measures to ensure compliance with this Regulation including the publication of relevant information in the national aeronautical information publications.

Textual Amendments

F48 Words in Art. 13(1) substituted (31.12.2020) by The Air Traffic Management (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/459), regs. 1(2), 320(2); 2020 c. 1, Sch. 5 para. 1(1)

F49 Art. 13(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), 320(3); 2020 c. 1, Sch. 5 para. 1(1)

F50 Art. 13(4) omitted (31.12.2020) by virtue of The Air Traffic Management (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/459), regs. 1(2), 320(3); 2020 c. 1, Sch. 5 para. 1(1)

F51 Words in Art. 13(6) substituted (31.12.2020) by The Air Traffic Management (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/459), regs. 1(2), 320(4); 2020 c. 1, Sch. 5 para. 1(1)

Article 14 U.K. Exemptions

1. In the framework of [F52 point SERA.5005(d)(2) of the Annex to Commission Implementing Regulation (EU) No 923/2012] [F53 the CAA] may issue temporary derogations from airborne carriage obligations laid down in Article 5(1) of this Regulation for flights operated under visual flight rules.

2. [F54 The CAA] may take F55 ... measures granting exemptions from the compliance with Articles 4(5), 5(4) and 6(10) for cases having limited impact on the network.

3. [F56 The CAA, if] taking the F57 ... measures referred to in paragraph 2, shall provide [F58 Eurocontrol] with detailed information justifying the need for exemptions at the latest: one year before the dates identified in Articles 4(5), 5(4) and 6(10).

F59 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F52 Words in Art. 14(1) substituted (31.12.2020) by The Air Traffic Management (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/459), regs. 1(2), 321(2)(a); 2020 c. 1, Sch. 5 para. 1(1)

F53 Words in Art. 14(1) substituted (31.12.2020) by The Air Traffic Management (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/459), regs. 1(2), 321(2)(b); 2020 c. 1, Sch. 5 para. 1(1)

F54 Words in Art. 14(2) substituted (31.12.2020) by The Air Traffic Management (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/459), regs. 1(2), 321(3)(a); 2020 c. 1, Sch. 5 para. 1(1)

F55 Word in Art. 14(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), 321(3)(b); 2020 c. 1, Sch. 5 para. 1(1)

F56 Words in Art. 14(3) substituted (31.12.2020) by The Air Traffic Management (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/459), regs. 1(2), 321(4)(a); 2020 c. 1, Sch. 5 para. 1(1)

F57 Word in Art. 14(3) omitted (31.12.2020) by virtue of The Air Traffic Management (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/459), regs. 1(2), 321(4)(b); 2020 c. 1, Sch. 5 para. 1(1)

F58 Word in Art. 14(3) substituted (31.12.2020) by The Air Traffic Management (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/459), regs. 1(2), 321(4)(c); 2020 c. 1, Sch. 5 para. 1(1)

F59 Art. 14(4) omitted (31.12.2020) by virtue of The Air Traffic Management (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/459), regs. 1(2), 321(5); 2020 c. 1, Sch. 5 para. 1(1)

F60 Article 15 U.K. Repeal

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F60 Art. 15 omitted (31.12.2020) by virtue of The Air Traffic Management (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/459), regs. 1(2), 322; 2020 c. 1, Sch. 5 para. 1(1)

F61 Article 16 U.K. Entry into force

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F61 Art. 16 omitted (31.12.2020) by virtue of The Air Traffic Management (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/459), regs. 1(2), 323; 2020 c. 1, Sch. 5 para. 1(1)

F62 ...

Textual Amendments

F62 Words in Signature omitted (31.12.2020) by virtue of The Air Traffic Management (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/459), regs. 1(2), 324; 2020 c. 1, Sch. 5 para. 1(1)

ANNEX I U.K. Member States referred to in [F63 Article 5]

Textual Amendments

F63 Words in Annex 1 heading substituted (31.12.2020) by The Air Traffic Management (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/459), regs. 1(2), 325(2); 2020 c. 1, Sch. 5 para. 1(1)

The Member States referred to in [F64 Article 5(2)] are the following:

Textual Amendments

F64 Words in Annex 1 substituted (31.12.2020) by The Air Traffic Management (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/459), regs. 1(2), 325(3); 2020 c. 1, Sch. 5 para. 1(1)

• Germany,

• Ireland,

• France,

• Italy,

• Luxembourg,

• Hungary,

• Netherlands,

• Austria,

• F65 ...

Textual Amendments

F65 Words in Annex 1 omitted (31.12.2020) by virtue of The Air Traffic Management (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/459), regs. 1(2), 325(4); 2020 c. 1, Sch. 5 para. 1(1)

ANNEX II U.K. [F66 ICAO provisions referred to in Articles 4 and 8

Textual Amendments

F66 Substituted by Commission Implementing Regulation (EU) 2016/2345 of 14 December 2016 amending Regulation (EC) No 262/2009 and Implementing Regulation (EU) No 1079/2012 as regards references to ICAO provisions (Text with EEA relevance).

1. Chapter 2 ‘ Aeronautical Mobile Service ’ , Section 2.1 ‘ Air-ground VHF communication system characteristics ’ and Section 2.2 ‘ System characteristics of the ground installation ’ of Annex 10 to the Chicago Convention, Volume III, Part 2 (Second Edition — July 2007 incorporating Amendment No 90). U.K.

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 Subsection 2.3.2.8 ‘ VDL — Interference Immunity Performance ’ of Annex 10 to the Chicago Convention, Volume III, Part 2 (Second Edition — July 2007 incorporating Amendment No 90). U.K.

[F67 3. Section 12.3.1.5 ‘ 8,33 kHz channel spacing ’ of ICAO PANS-ATM Doc. 4444 (16th Edition — 2016, incorporating Amendment No 7A).] ] U.K.

Textual Amendments

F67 Substituted by Commission Implementing Regulation (EU) 2017/2160 of 20 November 2017 amending Implementing Regulation (EU) No 1079/2012 as regards certain references to ICAO provisions (Text with EEA relevance).

ANNEX III U.K. Requirements referred to in Article 10, to be taken into consideration during the safety assessment

1. The interoperability and performance requirements set out in Articles 4(6), 4(7), 4(8), 7(1) and 7(2) shall be taken into consideration during the safety assessment. U.K.

2. The associated procedures requirements set out in Article 8 shall be taken into consideration during the safety assessment. U.K.

3. The State aircraft arrangements set out in Article 9(13) and (14) shall be taken into consideration during the safety assessment. U.K.

4. The requirements supporting compliance set out in Article 13(1), F68 ... (5) and (6) shall be taken into consideration during the safety assessment. U.K.

Textual Amendments

F68 Word in Annex 3 point 4 omitted (31.12.2020) by virtue of The Air Traffic Management (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/459), regs. 1(2), 326(2); 2020 c. 1, Sch. 5 para. 1(1)

5. [F69 The CAA] shall ensure that when a frequency assignment is to be converted to 8,33 kHz channel spacing, the new frequency assignment is tested for a trial period of an appropriate duration, during which time safe operation is verified, prior to registration in the central register. U.K.

Textual Amendments

F69 Words in Annex 3 point 5 substituted (31.12.2020) by The Air Traffic Management (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/459), regs. 1(2), 326(3); 2020 c. 1, Sch. 5 para. 1(1)

6. [F70 The CAA] shall ensure that conversions to 8,33 kHz channel spacing are made considering the ICAO guidance material on frequency planning criteria as described in Part II — ‘VHF Air-Ground Communications Frequency Assignment Planning Criteria’ of the EUR Frequency Management Manual — ICAO EUR Doc. 011. U.K.

Textual Amendments

F70 Words in Annex 3 point 6 substituted (31.12.2020) by The Air Traffic Management (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/459), regs. 1(2), 326(3); 2020 c. 1, Sch. 5 para. 1(1)

7. Air navigation service providers shall ensure that procedures for handling non-8,33 kHz equipped aircraft operating in airspace requiring the carriage of radios with the 8,33 kHz channel spacing capability are published and applied as appropriate. U.K.

8. Air navigation service providers and/or airport operators shall ensure that procedures for handling non-8,33 kHz equipped vehicles through airport areas using 8,33 kHz channel spacing are published and applied as appropriate. U.K.

9. [F71 If the CAA converts frequency assignments to 8,33 kHz channel spacing in any part of the airspace under the responsibility of the United Kingdom it must:] U.K.

(a)

ensure that operators of aircraft operating in such airspace are informed that these aircraft must be equipped with radios having the 8,33 kHz channel spacing capability;

(b)

ensure that appropriate training is provided to flight crew members that use 25 kHz radios in airspace where the carriage of radios having the 8,33 kHz channel spacing capability is required, as specified in Article 2(5);

(c)

perform a local safety assessment prior to the conversion that takes into account all the traffic expected to cross that airspace and the potential issues arising from the voice communication system in operation in all surrounding airspace.

Textual Amendments

F71 Words in Annex 3 point 9 substituted (31.12.2020) by The Air Traffic Management (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/459), regs. 1(2), 326(4); 2020 c. 1, Sch. 5 para. 1(1)

ANNEX IV U.K.

PART A U.K. Requirements for the assessment of the conformity or suitability for use of constituents referred to in Article 11

1. The verification activities shall demonstrate the conformity of constituents or their suitability for use in accordance with the performance requirements of this Regulation whilst these constituents are in operation in the test environment. U.K.

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. U.K.

PART B U.K. Internal production control module

1. This module describes the procedure whereby the manufacturer or [F72 , if the manufacturer is not established in the United Kingdom] his authorised representative established within the [F73 United Kingdom] who carries out the obligations laid down in point 2, ensures, and declares that the constituents concerned satisfy the requirements of this Regulation. The manufacturer or [F72 , if the manufacturer is not established in the United Kingdom] his authorised representative established within the [F73 United Kingdom] must draw up a written declaration of conformity or suitability for use in accordance with point 3 of Annex III to Regulation (EC) No 552/2004. U.K.

Textual Amendments

F72 Words in Annex 4 Pt. B point 1 inserted (31.12.2020) by The Air Traffic Management (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/459), regs. 1(2), 327(2)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)

F73 Words in Annex 4 Pt. B point 1 substituted (31.12.2020) by The Air Traffic Management (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/459), regs. 1(2), 327(2)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)

2. The manufacturer must establish the technical documentation described in point 4. [F74 The manufacturer, or if the manufacturer is not established in the United Kingdom, the manufacturer's] authorised representative established within the [F75 United Kingdom] must keep the documentation at the disposal of the [F76 CAA] for inspection purposes and at the disposal of the air navigation service providers that integrate these constituents in their systems, for a period ending at least 10 years after the last constituent has been manufactured. The manufacturer or [F77 , if the manufacturer is not established in the United Kingdom] his authorised representative established within the [F75 United Kingdom] shall inform the [F78 CAA] where and how the above technical documentation is available. U.K.

Textual Amendments

F74 Words in Annex 4 Pt. B point 2 substituted (31.12.2020) by The Air Traffic Management (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/459), regs. 1(2), 327(2)(b)(i); 2020 c. 1, Sch. 5 para. 1(1)

F75 Words in Annex 4 Pt. B point 2 substituted (31.12.2020) by The Air Traffic Management (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/459), regs. 1(2), 327(2)(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F76 Word in Annex 4 Pt. B point 2 substituted (31.12.2020) by The Air Traffic Management (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/459), regs. 1(2), 327(2)(b)(iii); 2020 c. 1, Sch. 5 para. 1(1)

F77 Words in Annex 4 Pt. B point 2 inserted (31.12.2020) by The Air Traffic Management (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/459), regs. 1(2), 327(2)(b)(iv); 2020 c. 1, Sch. 5 para. 1(1)

F78 Word in Annex 4 Pt. B point 2 substituted (31.12.2020) by The Air Traffic Management (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/459), regs. 1(2), 327(2)(b)(v); 2020 c. 1, Sch. 5 para. 1(1)

3. Where the manufacturer is not established within the [F79 United Kingdom], he shall designate the person(s) who place(s) the constituents on the [F79 United Kingdom] market. These person(s) shall inform the [F80 CAA] where and how the technical documentation can be made available. U.K.

Textual Amendments

F79 Words in Annex 4 Pt. B point 3 substituted (31.12.2020) by The Air Traffic Management (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/459), regs. 1(2), 327(2)(c)(i); 2020 c. 1, Sch. 5 para. 1(1)

F80 Word in Annex 4 Pt. B point 3 substituted (31.12.2020) by The Air Traffic Management (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/459), regs. 1(2), 327(2)(c)(ii); 2020 c. 1, Sch. 5 para. 1(1)

4. Technical documentation must demonstrate the conformity of the constituents with the requirements of this Regulation. It must, as far as relevant for the assessment, cover the design, manufacture and operation of the constituents. U.K.

5. The manufacturer or [F81 , if the manufacturer is not established in the United Kingdom] his authorised representative must keep a copy of the declaration of conformity or suitability for use with the technical documentation. U.K.

Textual Amendments

F81 Words in Annex 4 Pt. B point 5 inserted (31.12.2020) by The Air Traffic Management (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/459), regs. 1(2), 327(2)(d); 2020 c. 1, Sch. 5 para. 1(1)

PART C U.K. Requirements for the verification of systems referred to in Article 12(1)

1. The verification of systems identified in Article 2(1) 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: U.K.

• the verification of communication systems shall demonstrate that 8,33 kHz channel spacing is in use for voice communications in accordance with Article 4 and that the performance of the 8,33 kHz voice communication systems complies with Article 4(7),

• the verification of systems for flight data processing shall demonstrate that the functionality described in Article 7(2) is properly implemented.

2. The verification of systems identified in Article 2(1) shall be conducted in accordance with appropriate and recognised testing practices. U.K.

3. Test tools used for the verification of systems identified in Article 2(1) shall have appropriate functionalities. U.K.

4. The verification of systems identified in Article 2(1) shall produce the elements of the technical file required by point 3 of Annex IV to Regulation (EC) No 552/2004 including the following elements: U.K.

• 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: U.K.

• 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 2(1) 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 2(1) operated in an operational assessment environment meet the interoperability, performance and safety requirements of this Regulation. U.K.

7. Upon satisfying completion of verification of compliance, air navigation service providers shall draw up the F82 ... declaration of verification of system and submit it to the [F83 CAA] together with the technical file as required by Article 6 of Regulation (EC) No 552/2004. U.K.

Textual Amendments

F82 Word in Annex 4 Pt. C point 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), 327(3)(a); 2020 c. 1, Sch. 5 para. 1(1)

F83 Word in Annex 4 Pt. C point 7 substituted (31.12.2020) by The Air Traffic Management (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/459), regs. 1(2), 327(3)(b); 2020 c. 1, Sch. 5 para. 1(1)

PART D U.K. Requirements for the verification of systems referred to in Article 12(2)

1. The verification of systems identified in Article 2(1) 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: U.K.

• the verification of communication systems shall demonstrate that 8,33 kHz channel spacing is in use for voice communications in accordance with Article 4 and that the performance of the 8,33 kHz voice communication systems complies with Article 4(7),

• the verification of systems for flight data processing shall demonstrate that the functionality described in Article 7(2) is properly implemented.

2. The verification of systems identified in Article 2(1) shall be conducted in accordance with appropriate and recognised testing practices. U.K.

3. Test tools used for the verification of systems identified in Article 2(1) shall have appropriate functionalities. U.K.

4. The verification of systems identified in Article 2(1) shall produce the elements of the technical file required by point 3 of Annex IV to Regulation (EC) No 552/2004 including the following elements: U.K.

• 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 [F84 an appointed] body. U.K.

Textual Amendments

F84 Words in Annex 4 Pt. D point 5 substituted (31.12.2020) by The Air Traffic Management (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/459), regs. 1(2), 327(4)(a); 2020 c. 1, Sch. 5 para. 1(1)

6. The [F85 appointed] body shall manage the verification activities and shall in particular: U.K.

• verify that the test plan describes the integration of systems identified in Article 2(1) 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.

Textual Amendments

F85 Word in Annex 4 Pt. D point 6 substituted (31.12.2020) by The Air Traffic Management (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/459), regs. 1(2), 327(4)(b); 2020 c. 1, Sch. 5 para. 1(1)

7. The [F86 appointed] body shall ensure that the systems identified in Article 2(1) operated in an operational assessment environment meet the interoperability, performance and safety requirements of this Regulation. U.K.

Textual Amendments

F86 Word in Annex 4 Pt. D point 7 substituted (31.12.2020) by The Air Traffic Management (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/459), regs. 1(2), 327(4)(b); 2020 c. 1, Sch. 5 para. 1(1)

8. Upon satisfying completion of verification tasks, the [F87 appointed] body shall draw up a certificate of conformity in relation to the tasks it carried out. U.K.

Textual Amendments

F87 Word in Annex 4 Pt. D point 8 substituted (31.12.2020) by The Air Traffic Management (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/459), regs. 1(2), 327(4)(b); 2020 c. 1, Sch. 5 para. 1(1)

9. Then, the air navigation service provider shall draw up the F88 ... declaration of verification of system and submit it to the [F89 CAA] together with the technical file as required by Article 6 of Regulation (EC) No 552/2004. U.K.

Textual Amendments

F88 Word in Annex 4 Pt. D point 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), 327(4)(c)(i); 2020 c. 1, Sch. 5 para. 1(1)

F89 Word in Annex 4 Pt. D point 9 substituted (31.12.2020) by The Air Traffic Management (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/459), regs. 1(2), 327(4)(c)(ii); 2020 c. 1, Sch. 5 para. 1(1)

ANNEX V U.K. Conditions referred to in Article 12

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. U.K.

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. U.K.

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. U.K.

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. U.K.

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. U.K.

(1)

OJ L 96, 31.3.2004, p. 26.

(2)

OJ L 96, 31.3.2004, p. 1.

(3)

OJ L 283, 27.10.2007, p. 25.

(4)

OJ L 185, 15.7.2011, p. 1.

(5)

OJ L 218, 13.8.2008, p. 82.

(6)

OJ L 96, 31.3.2004, p. 10.

(7)

OJ L 14, 22.1.1993, p. 1.

(8)

OJ L 186, 7.7.2006, p. 27.

(9)

OJ L 79, 19.3.2008, p. 1.