This document is an excerpt from the EUR-Lex website
Document 32023R1771
Commission Implementing Regulation (EU) 2023/1771 of 12 September 2023 amending Implementing Regulation (EU) 2017/373 as regards air traffic management and air navigation services systems and constituents and repealing Regulations (EC) No 1032/2006, (EC) No 633/2007 and (EC) No 262/2009
Commission Implementing Regulation (EU) 2023/1771 of 12 September 2023 amending Implementing Regulation (EU) 2017/373 as regards air traffic management and air navigation services systems and constituents and repealing Regulations (EC) No 1032/2006, (EC) No 633/2007 and (EC) No 262/2009
Commission Implementing Regulation (EU) 2023/1771 of 12 September 2023 amending Implementing Regulation (EU) 2017/373 as regards air traffic management and air navigation services systems and constituents and repealing Regulations (EC) No 1032/2006, (EC) No 633/2007 and (EC) No 262/2009
C/2023/5204
OJ L 228, 15/09/2023, p. 49–72
(BG, ES, CS, DA, DE, ET, EL, EN, FR, GA, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
In force
15.9.2023 |
EN |
Official Journal of the European Union |
L 228/49 |
COMMISSION IMPLEMENTING REGULATION (EU) 2023/1771
of 12 September 2023
amending Implementing Regulation (EU) 2017/373 as regards air traffic management and air navigation services systems and constituents and repealing Regulations (EC) No 1032/2006, (EC) No 633/2007 and (EC) No 262/2009
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EU) 2018/1139 of the European Parliament and of the Council of 4 July 2018 on common rules in the field of civil aviation and establishing a European Union Aviation Safety Agency, and amending Regulations (EC) No 2111/2005, (EC) No 1008/2008, (EU) No 996/2010, (EU) No 376/2014 and Directives 2014/30/EU and 2014/53/EU of the European Parliament and of the Council, and repealing Regulations (EC) (EC) No 552/2004 and No 216/2008 of the European Parliament and of the Council and Council Regulation (EEC) No 3922/91 (1), and in particular Article 43(1), points (a), (e) and (f), Article 44(1), point (a), and Article 62(15), points (a) and (c) thereof,
Whereas:
(1) |
In accordance with Article 140(2) of Regulation (EU) 2018/1139, the implementing rules adopted on the basis of the repealed Regulation (EC) No 552/2004 of the European Parliament and of the Council (2) are to be adapted to the provisions of Regulation (EU) 2018/1139, not later than 12 September 2023. |
(2) |
Commission Implementing Regulation (EU) 2017/373 (3) lays down common requirements for the provision of air traffic management and air navigation services (‘ATM/ANS’) and other air traffic management network functions (‘ATM network functions’) for general air traffic and their oversight. |
(3) |
In accordance with Commission Implementing Regulation (EU) 2023/1769 (4), ATM/ANS systems and ATM/ANS constituents (‘ATM/ANS equipment’) are subject to certification or declaration by organisations involved in the design and production of ATM/ANS equipment. To ensure the appropriate installation, on-site testing and safe entry into service of such equipment, and their oversight, Implementing Regulation (EU) 2017/373 should be amended to include the necessary requirements applicable to ATM/ANS providers and competent authorities thereof. |
(4) |
In order to ensure the continuity of the requirements for the use of ATM/ANS equipment the amendments to Implementing Regulation (EU) 2017/373 should be based on the relevant implementing rules adopted on the basis of the repealed Regulation (EC) No 552/2004 with necessary adaptations. |
(5) |
In particular, Commission Regulation (EC) No 1032/2006 (5) lays down requirements for automatic systems for the exchange of flight data for the purpose of notification, coordination and transfer of flights between air traffic control units; Commission Regulation (EC) No 633/2007 (6) lays down requirements for the application of a flight message transfer protocol used for the purpose of notification, coordination and transfer of flights between air traffic control units, and Commission Regulation (EC) No 262/2009 (7) lays down requirements for the coordinated allocation and use of Mode S interrogator codes for the Single European Sky (SES). Those requirements should be reflected in Implementing Regulation (EU) 2017/373. |
(6) |
Requirements related to air-ground communications using 8,33 kHz channel spacing that are set out in Commission Implementing Regulation (EU) No 1079/2012 (8) do not apply to services provided neither in the Single European Sky airspace outside the International Civil Aviation Organization (ICAO) European (EUR) region as defined in the European (EUR) Air Navigation Plan Volume I (Doc 7754) of ICAO nor in the Canarias FIR/UIR because their local conditions did not sufficiently justify their applicability as necessary. This Regulation should provide for the same scope of applicability. |
(7) |
Article 14(2) of Implementing Regulation 1079/2012 provided for exemptions from the obligation to convert all frequency assignments to 8,33 kHz channel spacing. This Regulation should not alter the existing exemptions. |
(8) |
Requirements related to the allocation of Mode S interrogator codes that are set out in Commission Regulation (EC) No 262/2009 do not apply to services provided in the Single European Sky airspace outside the ICAO EUR region due to its local low traffic volume and geographic situation with airspace borders only with airspace under the responsibility of a third-country ATM/ANS providers, which justifies different local coordination arrangements with surrounding non-EU States. This Regulation should provide for the same scope of applicability. |
(9) |
Implementing Regulation (EU) 2017/373 should therefore be amended accordingly and Regulations (EC) No 1032/2006, (EC) No 633/2007 and (EC) No 262/2009 should be repealed. |
(10) |
The development of requirements in this Regulation have taken due account of the content of the ATM Master Plan and the communication, navigation and surveillance capabilities contained in it. |
(11) |
The European Union Aviation Safety Agency has proposed measures in its Opinion No 01/2023 (9) in accordance with Articles 75(2), points (b) and (c), and Article 76(1) of Regulation (EU) 2018/1139. |
(12) |
The measures provided for in this Regulation are in accordance with the opinion of the committee established in accordance with Article 127 of Regulation (EU) 2018/1139. |
HAS ADOPTED THIS REGULATION:
Article 1
Amendments to Implementing Regulation (EU) 2017/373
Implementing Regulation (EU) 2017/373 is amended as follows:
(1) |
Article 2 is amended as follows:
|
(2) |
in Article 3, the following paragraph 6a is inserted: ‘6a. Member States shall ensure that the use of a ground-based transmitter operated in their territory does not produce harmful interference on other surveillance systems.’ |
(3) |
the following Articles 3e and 3f are inserted: ‘Article 3e Allocation of Mode S interrogator codes 1. Member States shall ensure that changes to the allocation of an interrogator code resulting from an update to the interrogator code allocation plan are communicated to the relevant Mode S operators under their authority within 14 calendar days from the day of receipt of the updated interrogator code allocation plan. 2. Member States shall make available to other Member States, at least every 6 months through the interrogator code allocation system, an up-to-date record of the allocation and use of interrogator codes by the eligible Mode S interrogators within their area of responsibility. 3. Where an overlap exists between the coverage of a Mode S interrogator located within the area of responsibility of a Member State and the coverage of a Mode S interrogator located within the area of responsibility of a third country, the Member State concerned shall:
4. A Member State shall notify the air traffic service providers under its jurisdiction of Mode S interrogators operating under the responsibility of a third country for which the allocation of Mode S interrogator codes has not been coordinated. 5. Member States shall check the validity of the interrogator code applications received from the Mode S operators before making interrogator codes available through the interrogator code allocation system for coordination as laid down in point 15 of Annex IV to Commission Implementing Regulation (EU) 2019/123 (*1). 6. Member States shall ensure that the Mode S operators, other than surveillance service providers, comply with point CNS.TR.205 in Annex VIII. 7. The requirements laid down in paragraphs 1 to 6 shall not apply in the Single European Sky airspace that is not part of the International Civil Aviation Organisation (ICAO) European (EUR) region. Article 3f Use of the single European sky airspace 1. In the context of spectrum protection, the Member States shall ensure that a secondary surveillance radar transponder on board any aircraft flying over a Member State is not subject to excessive interrogations that are transmitted by ground-based surveillance interrogators and which either elicit replies, or whilst not eliciting a reply, are of sufficient power to exceed the minimum threshold level of the receiver of the secondary surveillance radar transponder. In the event of disagreement between Member States regarding necessary measures, the Member States concerned shall bring the matter to the Commission for action. 2. Member States shall ensure that all voice frequency assignments are converted to an 8,33 kHz channel spacing. The conversion requirements shall not apply to frequency assignments:
3. The requirements laid down in paragraph 2 shall not apply neither in the Single European Sky airspace that is not part of ICAO EUR Region nor in the Canarias Flight Information Region (FIR)/Upper Information Region (UIR). 4. The exemptions from the obligation to ensure that all frequency assignments are converted to 8,33 kHz channel spacing for cases having limited impact on the network granted by the Member States pursuant to Article 14(2) of Implementing Regulation (EU) No 1079/2012 that were communicated to the Commission shall remain valid. 5. Member States shall establish and publish in national aeronautical information publications, where applicable, the procedures for the handling of aircraft which are not equipped with:
(*1) Commission Implementing Regulation (EU) 2019/123 of 24 January 2019 laying down detailed rules for the implementation of air traffic management (ATM) network functions and repealing Commission Regulation (EU) No 677/2011 (OJ L 28, 31.1.2019, p. 1).’;" |
(4) |
Annexes I, II, III, IV, VIII, IX, X and XII are amended in accordance with the Annex to this Regulation. |
Article 2
Repeal
Regulations (EC) No 1032/2006, (EC) No 633/2007 and (EC) No 262/2009 are repealed.
Article 3
Entry into force
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 12 September 2023.
For the Commission
The President
Ursula VON DER LEYEN
(1) OJ L 212, 22.08.2018, p. 1
(2) 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) (OJ L 96, 31.3.2004, p. 26).
(3) Commission Implementing Regulation (EU) 2017/373 of 1 March 2017 laying down common requirements for providers of air traffic management/air navigation services and other air traffic management network functions and their oversight, repealing Regulation (EC) No 482/2008, Implementing Regulations (EU) No 1034/2011, (EU) No 1035/2011 and (EU) 2016/1377 and amending Regulation (EU) No 677/2011 (OJ L 62, 8.3.2017, p. 1).
(4) Commission Implementing Regulation (EU) 2023/1769 of 12 September 2023 laying down technical requirements and administrative procedures for the approval of organisations involved in the design or production of air traffic management/air navigation services systems and constituents and amending Implementing Regulation (EU) 2023/203 (see page 19 of this Official Journal).
(5) Commission Regulation (EC) No 1032/2006 of 6 July 2006 laying down requirements for automatic systems for the exchange of flight data for the purpose of notification, coordination and transfer of flights between air traffic control units (OJ L 186, 7.7.2006, p. 27).
(6) Commission Regulation (EC) No 633/2007 of 7 June 2007 laying down requirements for the application of a flight message transfer protocol used for the purpose of notification, coordination and transfer of flights between air traffic control units (OJ L 146, 8.6.2007, p. 7).
(7) Commission Regulation (EC) No 262/2009 of 30 March 2009 laying down requirements for the coordinated allocation and use of Mode S interrogator codes for the single European sky (OJ L 84, 31.3.2009, p. 20).
(8) Commission Implementing Regulation (EU) No 1079/2012 of 16 November 2012 laying down requirements for voice channels spacing for the single European sky (OJ L 320, 17.11.2012, p. 14).
(9) https://www.easa.europa.eu/document-library/opinions
ANNEX
Annexes I, II, III, IV, VIII, IX, X and XII to Implementing Regulation (EU) 2017/373 are amended as follows:
(1) |
Annex I is amended as follows:
|
(2) |
Annex II is amended as follows:
|
(3) |
Annex III is amended as follows:
|
(4) |
Annex IV is amended as follows:
|
(5) |
in Annex VIII, Subpart B, the following Section 2 is added: ‘ SECTION 2 Technical requirements for providers of surveillance services CNS.TR.205 Allocation and use of Mode S interrogator codes
|
(6) |
in Annex IX, point ATFM.TR.100 is replaced by the following: ‘ ATFM.TR.100 Working methods and operating procedures for providers of air traffic flow management An air traffic flow management provider shall be able to demonstrate that its working methods and operating procedures are compliant with Commission Regulations (EU) No 255/2010 (*5) and (EU) 2019/123. (*5) Commission Regulation (EU) No 255/2010 of 25 March 2010 laying down common rules on air traffic flow management (OJ L 80, 26.3.2010, p. 10).’;" |
(7) |
in Annex X, point ASM.TR.100 is replaced by the following: ‘ ASM.TR.100 Working methods and operating procedures for providers of airspace management An airspace management provider shall be able to demonstrate that its working methods and operating procedures are compliant with Commission Regulations (EC) No 2150/2005 (*6) and (EU) 2019/123. (*6) Commission Regulation (EC) No 2150/2005 of 23 December 2005 laying down common rules for the flexible use of airspace (OJ L 342, 24.12.2005, p. 20).’;" |
(8) |
Annex XII is amended as follows:
|
(*1) Commission Regulation (EU) No 748/2012 of 3 August 2012 laying down implementing rules for the airworthiness and environmental certification of aircraft and related products, parts and appliances, as well as for the certification of design and production organisations (OJ L 224, 21.8.2012, p. 1)’;
(*2) Commission Delegated Regulation (EU) 2023/1768 of 14 July 2023 laying down detailed rules for the certification and declaration of air traffic management/air navigation services systems and air traffic management/air navigation services constituents (OJ L 228, 15.9.2023, p. 1 ’;.
(*3) Commission Implementing Regulation (EU) 2023/1769 of 12 September 2023 laying down technical requirements and administrative procedures for the approval of organisations involved in the design or production of air traffic management/air navigation services systems and constituents and amending Implementing Regulation (EU) 2023/203 (OJ L 228, 15.9.2023, p. 19)’;.
(*4) Commission Implementing Regulation (EU) 2023/1770 of 12 September 2023 laying down provisions on aircraft equipment required for the use of the Single European Sky airspace and operating rules related to the use of the Single European Sky airspace and repealing Regulation (EC) No 29/2009 and Implementing Regulations (EU) No 1206/2011, (EU) No 1207/2011 and (EU) No 1079/2012 (OJ L 228 of 15.9.2023, p. 39)’;.
(*5) Commission Regulation (EU) No 255/2010 of 25 March 2010 laying down common rules on air traffic flow management (OJ L 80, 26.3.2010, p. 10).’;
(*6) Commission Regulation (EC) No 2150/2005 of 23 December 2005 laying down common rules for the flexible use of airspace (OJ L 342, 24.12.2005, p. 20).’;”