Commission Implementing Regulation (EU) 2017/386Show full title

Article 1 U.K.

Implementing Regulation (EU) No 1207/2011 is amended as follows:

(1)

Article 5 is amended as follows:

(a)

paragraph 4 is deleted;

(b)

paragraphs 5, 6 and 7 are replaced by the following:

‘5. Operators shall ensure that by 7 June 2020 at the latest:

(a) aircraft operating flights referred to in Article 2(2) are equipped with secondary surveillance radar transponders having the capabilities set out in Part A of Annex II;

(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), are equipped with secondary surveillance radar transponders having, in addition to the capabilities set out in Part A of Annex II, the capabilities set out in Part B of that Annex;

(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), are equipped with secondary surveillance radar transponders having, in addition to the capabilities set out in Part A of Annex II, the capabilities set out in Part C of that Annex.

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 as prescribed in paragraph 3.1.2.10.4 of Annex 10 to the Chicago Convention, Volume IV, Fourth Edition, including all amendments up to No 85.

7. Member States may impose carriage requirements in accordance with point (b) of paragraph 5 to all aircraft operating flights referred to in Article 2(2) in areas where surveillance services using the surveillance data identified in Part B of Annex II are provided by air navigation service providers.’;

(2)

in paragraphs 1 and 3 of Article 6, ‘5 February 2015’ is replaced by ‘2 January 2020’;

(3)

in Article 8, paragraphs 1, 2 and 3 are replaced by the following:

‘1. Member States shall ensure that, by 7 June 2020 at the latest, State aircraft operating in accordance with Article 2(2) are equipped with secondary surveillance radar transponders having the capability set out in Part A of Annex II.

2. Member States shall ensure that, by 7 June 2020 at the latest, transport-type State 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 in accordance with Article 2(2) are equipped with secondary surveillance radar transponders having in addition to the capability set out in Part A of Annex II, the capability set out in Part B and Part C of that Annex.

3. Member States shall communicate to the Commission by 1 January 2019 at the latest the list of State aircraft that cannot be equipped with secondary surveillance radar transponders that comply with the requirements set out in Part A of Annex II, together with the justification for non-equipage.

Member States shall communicate to the Commission by 1 January 2019 at the latest the list of transport-type State aircraft with a maximum certified take-off mass exceeding 5 700 kg or having a maximum cruising true airspeed capability greater than 250 knots, that cannot be equipped with secondary surveillance radar transponders that comply with the requirements set out in Part B and Part C of Annex II, together with the justification for non-equipage.

The justification for non-equipage shall be one of the following:

(a) compelling technical reasons;

(b) State aircraft operating in accordance with Article 2(2) that will be out of operational service by 1 January 2024 at the latest;

(c) procurement constraints.’;

(4)

Article 14 is amended as follows:

(a)

in paragraph 1, ‘8 June 2016’ is replaced by ‘7 June 2020’;

(b)

F1 ...

(5)

Annex II is amended as follows:

(a)

the title of Part A is replaced by the following:

‘Part A: Secondary surveillance radar transponder capabilities referred to in Article 4(3), point (a) of Article 5(5), Article 7(2) and Article 8(1) and (3)’;

(b)

the title of Part B is replaced by the following:

‘Part B: Secondary surveillance radar transponder capabilities referred to in Article 4(3), point (b) of Article 5(5), Article 5(7), Article 7(2) and Article 8(2) and (3)’;

(c)

the title of Part C is replaced by the following:

‘Part C: Secondary surveillance radar transponder additional surveillance data capability referred to in Article 4(3), point (c) of Article 5(5), Article 7(2), Article 8(2) and (3) and Article 14(1)’.

Textual Amendments

F1 Art. 1(4)(b) omitted (31.12.2020) by virtue of The Air Traffic Management (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/459), regs. 1(2), 366; 2020 c. 1, Sch. 5 para. 1(1)