30.9.2014   

EN

Official Journal of the European Union

L 284/7

(1)

Commission Implementing Regulation (EU) No 1207/2011 (2) lays down requirements on the systems contributing to the provision of surveillance data in order to ensure the harmonisation of performance, the interoperability and the efficiency of those systems within the European air traffic management network and for the purpose of civil-military coordination.

(2)

In order to be able to equip new aircraft with new capabilities operators must have the necessary equipment specifications at least 24 months before the foreseen application date. The relevant Certification Specifications were however adopted by the European Aviation Safety Agency (EASA) only in December 2013. As a consequence, it will not be possible for operators to equip new aircraft with the new functionalities ADS-B ‘Out’ and Mode S Enhanced by 8 January 2015. Implementing Regulation (EU) No 1207/2011 should therefore be amended, so as to provide the operators concerned with sufficient additional time for this purpose.

(3)

Delays in certification and in availability of required equipment, as well as industrial capacity constraints for equipping aircraft, affect the smooth retrofitting of existing fleet. A number of aircraft, mainly for trans-Atlantic operations, are also to be equipped with ADS-B ‘Out’ functionality by 1 January 2020 as mandated by the United States Federal Aviation Administration (FAA). The retrofit date for ADS-B ‘Out’ and Mode S Enhanced should therefore be postponed and brought more closely into line with the deadline for the FAA ADS-B requirements.

(4)

State aircraft operators should benefit from similar postponements in implementation dates as other operators of aircraft. The deadline for retrofitting for state aircraft with the new ADS-B ‘Out’ and Mode S Enhanced functionalities should therefore also be postponed.

(5)

Implementing Regulation (EU) No 1207/2011 should be amended accordingly.

(6)

The measures provided for in this Regulation are in accordance with the opinion of the Single Sky Committee, established by Article 5 of Regulation (EC) No 549/2004,

(1)

Article 5 is amended as follows:

(2)

In Article 8, paragraph 2 is replaced by the following:

‘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)

In Article 14, paragraph 1 is replaced by the following:

‘1.   Aircraft of specific types with a first certificate of airworthiness issued before 8 June 2016 that have a maximum take-off mass exceeding 5 700 kg or a maximum cruising true airspeed greater than 250 knots that do not have the complete set of parameters detailed in Part C of Annex II available on a digital bus on-board the aircraft may be exempted from complying with the requirements of point (c) of Article 5(5).’