1/2 July Draft Commission Implementing Regulation amending Regulation (EU) No 1207/2011 (Surveillance Performance and Interoperability SPI)

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1 SSC/14/54/5 Agenda Item June th SINGLE SKY COMMITTEE 1/2 July 2014 Draft Commission Implementing Regulation amending Regulation (EU) No 1207/2011 (Surveillance Performance and Interoperability SPI) This paper presents a draft Commission Implementing Regulation amending Regulation (EU) No 1207/2011 on surveillance performance and interoperability (SPI). A two-step approach for the needed evolution of SPI Regulation and a first draft Commission Implementing Regulation amending the SPI Regulation were presented and discussed during the 53rd SSC meeting. On that occasion, Member States were invited to give comments until 18 April 2014 and those comments were taken into consideration. This paper contains: - An explanatory note - The proposed draft Commission Implementing Regulation This draft Commission Implementing Regulation is submitted for the formal opinion of the Single Sky Committee according to the examination procedure.

2 1. INTRODUCTION This objective of this paper is to present for the formal opinion of the Single Sky Committee the draft Commission Implementing Regulation amending Regulation (EU) No 1207/ BACKGROUND Commission Implementing Regulation (EU) No 1207/2011 of 22 November 2011 lays down requirements for the performance and the interoperability of surveillance for the single European sky. It is considered a significant enabler for improved surveillance performance and increased safety in the European ATM network, and while it addresses both air and ground environment, most of the specific obligations are addressed to operators of aircrafts. During SSC52 meeting, the Commission informed of the concerns raised by the Airspace Users Representative Bodies as regards the implementation of Regulation (EU) No 1207/2011 and of their request to consider the revision of the application dates and of specific provisions of the Regulation regarding exemptions. To address those concerns, and building on initial discussions with EASA and EUROCONTROL, the Commission organised on 7 March 2014 a workshop on the implementation of Regulation (EU) No 1207/2011, gathering all the major stakeholders (ANSPs, AUs, industry, EASA, EUROCONTROL). During SSC53 meeting, and building on the outcome of the SPI Workshop of 7 March 2014, the Commission presented a two-step approach in the revision of the SPI Regulation consisting of: - Step 1: to change the airborne requirements of the Regulation in order to gain time for the review of the scope and impact of the Regulation. This will in practise consist of amending the Regulation (see below proposed draft Implementing Regulation amending Regulation 1207/2011) by "pushing back" the main application dates for the airborne equipment: o Move the "forward" fit date for Annex II Part B and Part C : from 8 January 2015 to 8 June 2016 o Move the "retrofit" date for Annex II Part B and Part C (including for state aircraft where relevant) : from 7 December 2017 to 7 June Step 2 : to "review" and "re-assess" the scope and expected impacts (including cost/benefits) of the regulation: o The review should focus on a possible extension of the mandate of the regulation to other aircraft types (and notably General Aviation), on the clarifications of the exemption conditions, on a clarification and possible review of the obligations of the ANSP's, on the introduction of monitoring and deployment provisions, and other additional legal clarifications. o The review should be the subject of a new impact assessment (incl. cost/benefit analysis) addressing all possible modifications. o The review should also consider possible new required incentives or enforcement means. Step 2 will consist of the launch of consultations with stakeholders, the preparation of a detailed impact assessment followed by the necessary regulatory procedure to 2

3 amend the Regulation. The objective would be to discuss and adopted the amended Regulation by end of JUSTIFICATION The two-step approach for the revision of the SPI Regulation was generally welcomed by all stakeholders at the SPI Workshop on 7 March and by Member States in SSC52 and SCC53 meetings. Step 1 is concerned with the pushing back of the main implementation dates on the airborne side and a first draft Implementing Regulation amending SPI Regulation was presented for comments during SSC53. Considering notably the late availability (December 2013) of the EASA Certification Specifications required for the airborne equipment, and the need to consider an industrial delay of two years between the availability of such documents and the availability of certified equipment, it is deemed necessary to "postpone" the forward fit date of equipage for the part B (ADS-B 'Out') and C (Mode S Enhanced) of Annex II of the Regulation. Considering the need to allow sufficient industrial capability between the forward-fit and retrofit-dates and also align such retrofit date with the US FAA mandate on ADS-B, it is also deemed necessary to postpone the retrofit date, for both civil and state aircraft. The modifications as part of Step 1 are minimal and are meant to provide sufficient time to review the underlying assumptions and assess the impact of the Regulation in Step 2. During the SSC53 meeting and until 18 April, the Commission received a number of comments by Member States. These comments were carefully analysed and incorporated, when relevant, in the current text of the draft Implementing Regulation. The most noteworthy comment included the request to further postpone by six months the retrofit date for the airborne side, considering the time needed for industry to deliver the certified solution and for airlines to retrofit their fleet accordingly. 3

4 COMMISSION IMPLEMENTING REGULATION (EU) No /.. of XXX amending Implementing Regulation (EU) No 1207/2011 laying down requirements for the performance and the interoperability of surveillance 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) Commission Implementing Regulation (EU) No 1207/ 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 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 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. 1 OJ L 96, , p Commission Implementing Regulation (EU) No 1207/2011 of 22 November 2011 laying down requirements for the performance and the interoperability of surveillance for the single European sky (OJ L305, , p.35) 4

5 (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, HAS ADOPTED THIS REGULATION: Article 1 Implementing Regulation (EU) No 1207/2011 is amended as follows: (1) Article 5 is amended as follows: (a) Paragraph 4 is replaced by the following: "4. Operators shall ensure that: (a) aircraft operating flights referred to in Article 2(2) with an individual certificate of airworthiness first issued on or after 8 January 2015 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 5700 kg or having a maximum cruising true airspeed capability greater than 250 knots, operating flights referred to in Article 2(2), with an individual certificate of airworthiness first issued on or after 8 June 2016 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 5700 kg or having a maximum cruising true airspeed capability greater than 250 knots, operating flights referred to in Article 2(2), with an individual certificate of airworthiness first issued on or after 8 June 2016 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" (b) Paragraph 5 is replaced by the following: "5. Operators shall ensure that by 7 June 2020 at the latest: (a) aircraft with a maximum certified take-off mass exceeding 5700 kg or having a maximum cruising true airspeed capability greater than 250 knots, operating flights referred to in Article 2(2), with an individual certificate of airworthiness first issued before 8 June 2016 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; (b) fixed wing aircraft with a maximum certified take-off mass exceeding 5700 kg or having a maximum cruising true airspeed capability greater than 250 knots, operating flights referred to in Article 2(2), with an individual certificate of airworthiness first issued before 8 June 2016 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." (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 5700 kg or having a maximum cruising true airspeed capability greater than 250 knots, operating in 5

6 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 5700 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)." Article 2 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, For the Commission The President 6

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