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

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) No 552/2004 and (EC) No 216/2008 of the European Parliament and of the Council and Council Regulation (EEC) No 3922/91 ¹, and in particular Article 44(1), point (a) 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(1) In accordance with Article 140(2) of Regulation (EU) 2018/1139, the implementing rules adopted on the basis of the repealed Regulation (EC) No 552/2004 of the European Parliament and of the Council ² are to be adapted to the provisions of Regulation (EU) 2018/1139, not later than 12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) Operating procedures for the use of airspace and the required aircraft equipment should be uniformly applied within the Single European Sky airspace in compliance with the essential requirements set out in point 1 of Annex VIII to Regulation (EU) 2018/1139, for the achievement of interoperability and safe operations. Those requirements therefore should be imposed on operators of aircraft when they fly into, within, or out of the Single European Sky airspace.

• (3) In order to ensure the continuity of aircraft operations with equipped Communication, Navigation, and Surveillance capabilities for the use of the Single European Sky airspace, this Regulation should be based on the relevant implementing rules adopted on the basis of Regulation (EC) No 552/2004 with necessary adaptations.

• (4) In particular, Commission Regulation (EC) No 29/2009 ³, Implementing Regulations (EU) No 1206/2011 ⁴, (EU) No 1207/2011 ⁵ and (EU) No 1079/2012 ⁶ address detailed provisions concerning the operating rules related to the use of airspace and aircraft equipment. Regulation (EC) No 29/2009 and Implementing Regulations (EU) No 1206/2011, (EU) No 1207/2011 and (EU) No 1079/2012 should therefore be repealed.

• (5) Whenever possible, the existing requirements stemming from those Regulations should be replicated in this Regulation in order to respect the legitimate expectations of aircraft operators and ATM/ANS providers affected by those requirements.

• (6) It is appropriate that those requirements continue to apply to aircraft operators that operate as general air traffic in the Single European Sky airspace, during all phases of flight and in the movement area of an aerodrome, with the exception of aircraft referred to in Article 2(3), point (a), of Regulation (EU) 2018/1139. Member States should be responsible for ensuring that operations of these aircraft have due regard for the safety of navigation of all other aircraft. Member States may, however, decide to apply this Regulation to those aircraft.

• (7) In line with the scope of Regulation (EC) No 29/2009, this Regulation should provide for the same exceptions to datalink requirements as granted under Commission Implementing Decision (EU) 2019/2012 ⁷.

• (8) Article 14(2) of Implementing Regulation (EU) No 1079/2012 provided for exemptions from the obligation to operate an aircraft where radio is required with its radio equipment having 8,33 kHz channel spacing capability. This Regulation should not alter the existing exemptions.

• (9) 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.

• (10) With its Opinion 01/2023, the European Union Aviation Safety Agency has prepared and submitted to the Commission draft implementing rules in accordance with Article 75(2), points (b) and (c), and Article 76(1) of Regulation (EU) 2018/1139.

• (11) 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

Subject matter and scope

Article 2

Definitions

For the purposes of this Implementing Regulation, the following definitions shall apply:

• (1) ‘air traffic control unit’ (ATC unit) means a generic term meaning variously, area control centre, approach control unit, or aerodrome control tower;

• (2) ‘data link service’ means a set of related air traffic management transactions, supported by air–ground data link communications, which have a clearly defined operational goal and which begin and end on an operational event;

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

Article 3

Aircraft equipment and operating rules

Aircraft operators shall ensure that their aircraft are equipped and operated in accordance with the rules and procedures set out in Annex I (Part-COM) and Annex II (Part-SUR).

Article 4

Means of compliance

Article 5

Repeal

Regulations (EC) No 29/2009 and Implementing Regulations (EU) No 1206/2011, (EU) No 1207/2011 and (EU) No 1079/2012 are repealed.

Article 6

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

ANNEX I

Communication

(Part-COM)

AUR.COM.1001   Subject

This Part lays down requirements on aircraft equipment and operating rules with regard to the use of airspace covering the applicable requirements on data link services and voice channel spacing.

TITLE 1 –   DATA LINK SERVICES

AUR.COM.2001   Scope

This Title applies only to flights operating as general air traffic in accordance with instrument flight rules above FL 285 within the Single European Sky airspace, excluding the airspace that is not part of the International Civil Aviation Organisation (ICAO) EUR region and Finland Upper Flight Information Region (UIR) north of 61°30′, and Sweden UIR north of 61°30′.

AUR.COM.2005   Requirements on aircraft equipment

AUR.COM.2010   DLS operating procedures and training

Aircraft operators shall take the necessary measures to ensure that:

• (a) their operating procedures are compliant with this Title and are reflected in their operations manuals; and

• (b) the personnel operating data link equipment are made duly aware of this Title and are adequately trained for their job functions.

TITLE 2 –   VOICE CHANNEL SPACING

AUR.COM.3001   Scope

This Title applies only to flights operating as general air traffic within the Single European Sky airspace that is part of the ICAO EUR region, and where voice air–ground and ground–ground radio communications services in the 117,975–137 MHz frequency band are provided. Canarias Flight Information Region (FIR)/UIR are excluded from the scope of application.

AUR.COM.3005   Requirements on aircraft equipment

• (1) Aircraft operators shall ensure that all voice communication equipment put into service after 17 November 2013 includes the 8,33 kHz channel spacing capability and is able to tune to 25 kHz spaced channels.

• (2) The exemptions from the obligation to operate an aircraft where radio is required with its radio equipment having 8,33 kHz channel spacing capability for cases with 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.

Appendix I

Exemptions referred to in point (e) of AUR.COM.2005 (2)

Appendix II

Exemptions referred to in point (f) of AUR.COM.2005 (2)

ANNEX II

Surveillance

(Part-SUR)

AUR.SUR.1001   Subject matter

This Part lays down requirements on aircraft equipment and operating rules with regard to the use of airspace covering the applicable requirements on surveillance.

TITLE 1 –   DEPENDENT COOPERATIVE SURVEILLANCE

AUR.SUR.2001   Scope

AUR.SUR.2005   Requirements on aircraft equipment

AUR.SUR.2010   Inoperative transponder

For aircraft where the capability of the transponders to comply with the requirements laid down in points 1(b) and (c) of point AUR.SUR.2005 is temporarily inoperative, aircraft operators shall be entitled to operate those aircraft for a maximum of 3 consecutive days.

AUR.SUR.2015   Transponder 24-bit ICAO aircraft address

Aircraft operators shall ensure that on board the aircraft they are operating, any Mode S transponder operates with a 24-bit ICAO aircraft address that corresponds to the registration that has been assigned by the State in which the aircraft is registered.

AUR.SUR.2020   Surveillance operating procedures and training

Aircraft operators shall take the necessary measures to ensure that:

• (a) their operating procedures are compliant with this Title and are reflected in their operations manuals; and

• (b) the personnel operating surveillance equipment are made duly aware of this Title and are adequately trained for their job functions.