Implementing regulation 2012/1079 - Requirements for voice channels spacing for the single European sky - Main contents

EN

Official Journal of the European Union

L 320/14

The Commission has issued a mandate to Eurocontrol in accordance with Article 8(1) of Regulation (EC) No 549/2004 of the European Parliament and of the Council of 10 March 2004 laying down the framework for the creation of the single European sky (the framework Regulation) (2) to develop requirements for the coordinated introduction of air-ground voice communications based on 8,33 kHz channel spacing. This Regulation is based on the resulting mandate report of 12 July 2011.

The first phase of the mandate led to the adoption of Commission Regulation (EC) No 1265/2007 of 26 October 2007 laying down requirements on air-ground voice channel spacing for the single European sky (3) which aimed at the coordinated introduction of air-ground voice communications based on 8,33 kHz channel spacing in the airspace above Flight Level (FL) 195.

Specific provisions of Regulation (EC) No 1265/2007, mainly regarding procedures, were already applicable in the airspace below FL 195.

Previous conversions to 8,33 kHz channel spacing above FL 195 have reduced frequency congestion, but have not eliminated it. Many Member States find it increasingly difficult to satisfy the demand for new frequency assignments in the aeronautical mobile route service band 117,975-137 MHz (‘the VHF band’).

The only realistic option to resolve the medium to long-term congestion problem in the VHF band is the further deployment of air-ground voice communications based on 8,33 kHz channel spacing.

Inability to meet future demand for frequency assignments will delay or make impossible airspace improvements to increase capacity and will lead to increase in delays entailing significant costs.

The Network Manager set up by Commission Regulation (EU) No 677/2011 of 7 July 2011 laying down detailed rules for the implementation of air traffic management (ATM) network functions and amending Regulation (EU) No 691/2010 (4) coordinates and harmonises the processes and procedures to enhance the efficiency of aeronautical frequency management. It also coordinates the early identification of needs and resolution of frequency problems.

Harmonised frequency use in the entire European airspace under Member States responsibility for specific applications will further optimise the use of limited radio spectrum resources. Therefore the 8,33 kHz channel spacing conversion of frequencies should take into account the possible actions of the Network Manager for harmonised frequency use mainly by general aviation for air-to-air communications purposes and for specific applications related to general aviation activities.

The investment made as a result of Regulation (EC) No 1265/2007 has substantially reduced the cost of deployment of 8,33 kHz channel spacing in the airspace below FL 195 for air navigation service providers and for operators flying above FL 195.

The requirements for general aviation aircraft operating under visual flight rules to be equipped with radios with 8,33 kHz channel spacing capability will impose a considerable cost with limited operational benefits for those aircraft.

The European Organisation for Civil Aviation Equipment (Eurocae) specification ED-23B should be considered as sufficient means of compliance with regard to the capabilities of the airborne equipment.

Airborne equipment compliant with the Eurocae specification ED-23C provides improved communications characteristics. It should therefore be considered as the preferred option to ED-23B whenever possible.

The arrangements for State aircraft should take into account their specific constraints with appropriate implementation dates.

This Regulation should not cover military operations and training in accordance with Article 1(2) of Regulation (EC) No 549/2004.

Member States which apply North Atlantic Treaty Organisation (‘NATO’) combined frequency requirements should maintain the 122,1 MHz frequency in 25 kHz channel spacing for the accommodation of State aircraft not equipped with radios with 8,33 kHz channel spacing capability, until a suitable alternative is found.

With a view to maintaining or enhancing existing safety levels of operations, Member States should ensure that the parties concerned carry out a safety assessment including hazard identification, risk assessment and mitigation processes. Harmonised implementation of those processes to the systems covered by this Regulation necessitates the identification of specific safety requirements for all interoperability and performance requirements.

In accordance with Regulation (EC) No 552/2004, implementing rules for interoperability should describe the specific conformity assessment procedures to be used to assess the conformity or suitability for use of constituents as well as the verification of systems.

The level of maturity of the market for the constituents to which this Regulation applies is such that their conformity or suitability for use can be assessed through internal production control, using procedures based on Module A in Annex II to Decision No 768/2008/EC of the European Parliament and of the Council of 9 July 2008 on a common framework for the marketing of products, and repealing Council Decision 93/465/EEC (5).

For reasons of clarity, Regulation (EC) No 1265/2007 should be repealed.

The measures provided for in this Regulation are in accordance with the opinion of the Single Sky Committee,

that will remain in 25 kHz channel spacing on the following frequencies:

where offset carrier operation within a 25 kHz channel spacing is utilised.

‘channel’ means a numerical designator used in conjunction with voice communication equipment tuning, which allows unique identification of the applicable radio frequency and associated channel spacing;

‘8,33 kHz channel spacing’ means a channel spacing where the nominal channel centre frequencies are separated in increments of 8,33 kHz;

‘radio’ means any installed, portable or handheld device designed to transmit and/or receive transmissions in the VHF band;

‘central register’ means a register where the national frequency manager registers the necessary operational, technical and administrative details for each frequency assignment in accordance with Regulation (EU) No 677/2011;

‘8,33 kHz conversion’ means the replacement of a frequency assignment registered in the central register and using 25 kHz channel spacing by a frequency assignment using 8,33 kHz channel spacing;

‘frequency assignment’ means authorisation given by a Member State to use a radio frequency or radio frequency channel under specified conditions for the purpose of operating radio equipment;

‘operator’ means a person, organisation or enterprise engaged in or offering to engage in an aircraft operation;

‘flights operated under visual flight rules’ means any flights operated under visual flight rules as defined in Annex 2 to the 1944 Chicago Convention on International Civil Aviation (‘the Chicago Convention’);

‘State aircraft’ means any aircraft used by military, customs or police;

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

‘aircraft radio equipment’ means one or more radios located on board an aircraft and used by an authorised flight crew member during flight;

‘radio upgrade’ means the replacement of a radio by a radio of a different model or part number;

‘designated operational coverage’ means the volume of airspace in which a particular service is provided and in which the service is afforded frequency protection;

‘air traffic control unit’ (‘ATC unit’) means area control centre, approach control unit or aerodrome control tower;

‘working position’ means the furniture and technical equipment at which a member of the air traffic services (‘ATS’) staff undertakes the tasks associated with his operational responsibilities;

‘radio-telephony’ means a form of radio-communication primarily intended for the exchange of information in the form of speech;

‘letter of agreement’ means an agreement between two adjacent ATS units that specifies how their respective ATS responsibilities are to be coordinated;

‘Integrated Initial Flight Plan Processing System’ (‘IFPS’) means a system within the European Air Traffic Management Network through which a centralised flight planning processing and distribution service, dealing with the reception, validation and distribution of flight plans, is provided within the airspace covered by this Regulation;

‘transport-type State aircraft’ means fixed wing State aircraft that are designed for the purpose of transporting persons and/or cargo;

‘airport operator’ means the managing body of an airport as defined in Council Regulation (EEC) No 95/93 (7);

‘operational control communication’ means communication carried out by aircraft operators, which also affect air transport safety, regularity and efficiency of flights.

frequency assignments where 25 kHz offset carrier operation is utilised;

frequency assignments that stay in 25 kHz as a result of a safety requirement;

25 kHz frequency assignments used to accommodate State aircraft.

frequency assignments that stay in 25 kHz as a result of a safety requirement;

25 kHz frequency assignments used to accommodate State aircraft.

the information about the 8,33 kHz channel spacing capability of a flight shall be transmitted between ATC units;

the information about the 8,33 kHz channel spacing capability of a flight shall be made available at the appropriate working position;

the controller shall have the means to modify the information about the 8,33 kHz channel spacing capability of a flight.

compelling technical or budgetary constraints;

procurement constraints.

compelling technical or budgetary constraints;

procurement constraints.

develop and maintain operations manuals containing the necessary instructions and information to enable all their relevant personnel to apply this Regulation;

ensure that the manuals referred to in point (a) are accessible and kept up to date and that their update and distribution are subject to appropriate quality and documentation management;

ensure that the working methods and operating procedures comply with this Regulation.

develops and maintains operations manuals containing the necessary instructions and information to enable all relevant personnel to apply this Regulation;

ensures that the manuals referred to in point (a) are accessible and kept up to date and that their update and distribution are subject to appropriate quality and documentation management;

ensures that its working methods and operating procedures comply with this Regulation.

Germany,

Ireland,

France,

Italy,

Luxembourg,

Hungary,

Netherlands,

Austria,

United Kingdom.

Chapter 2 ‘Aeronautical Mobile Service’, Section 2.1 ‘Air-ground VHF communication system characteristics’ and Section 2.2 ‘System characteristics of the ground installations’ of Annex 10 to the Chicago Convention, Volume III, Part 2 (Second Edition — July 2007 incorporating Amendment No 85).

Chapter 2 ‘Aeronautical Mobile Service’, Section 2.1 ‘Air-ground VHF communication system characteristics’, Section 2.3.1 ‘Transmitting function’ and Section 2.3.2 ‘Receiving function’ excluding Subsection 2.3.2.8 ‘VDL — Interference Immunity Performance’ of Annex 10 to the Chicago Convention, Volume III, Part 2 (Second Edition — July 2007 incorporating Amendment No 85).

Section 12.3.1.4 ‘8,33 kHz channel spacing’ of ICAO PANS-ATM Doc. 4444 (15th Edition – 2007 incorporating Amendment No 2).

The interoperability and performance requirements set out in Articles 4(6), 4(7), 4(8), 7(1) and 7(2) shall be taken into consideration during the safety assessment.

The associated procedures requirements set out in Article 8 shall be taken into consideration during the safety assessment.

The State aircraft arrangements set out in Article 9(13) and (14) shall be taken into consideration during the safety assessment.

The requirements supporting compliance set out in Article 13(1), (2), (5) and (6) shall be taken into consideration during the safety assessment.

Member States shall ensure that when a frequency assignment is to be converted to 8,33 kHz channel spacing, the new frequency assignment is tested for a trial period of an appropriate duration, during which time safe operation is verified, prior to registration in the central register.

Member States shall ensure that conversions to 8,33 kHz channel spacing are made considering the ICAO guidance material on frequency planning criteria as described in Part II — ‘VHF Air-Ground Communications Frequency Assignment Planning Criteria’ of the EUR Frequency Management Manual — ICAO EUR Doc. 011.

Air navigation service providers shall ensure that procedures for handling non-8,33 kHz equipped aircraft operating in airspace requiring the carriage of radios with the 8,33 kHz channel spacing capability are published and applied as appropriate.

Air navigation service providers and/or airport operators shall ensure that procedures for handling non-8,33 kHz equipped vehicles through airport areas using 8,33 kHz channel spacing are published and applied as appropriate.

Member States which convert frequency assignments to 8,33 kHz channel spacing in any part of their airspace shall:

The verification activities shall demonstrate the conformity of constituents or their suitability for use in accordance with the performance requirements of this Regulation whilst these constituents are in operation in the test environment.

The application by the manufacturer of the module described in Part B shall be considered as an appropriate conformity assessment procedure to ensure and declare the compliance of constituents. Equivalent or more stringent procedures are also authorised.

This module describes the procedure whereby the manufacturer or his authorised representative established within the Union who carries out the obligations laid down in point 2, ensures, and declares that the constituents concerned satisfy the requirements of this Regulation. The manufacturer or his authorised representative established within the Union must draw up a written declaration of conformity or suitability for use in accordance with point 3 of Annex III to Regulation (EC) No 552/2004.

The manufacturer must establish the technical documentation described in point 4. He or his authorised representative established within the Union must keep the documentation at the disposal of the relevant national supervisory authorities for inspection purposes and at the disposal of the air navigation service providers that integrate these constituents in their systems, for a period ending at least 10 years after the last constituent has been manufactured. The manufacturer or his authorised representative established within the Union shall inform the Member States where and how the above technical documentation is available.

Where the manufacturer is not established within the Union, he shall designate the person(s) who place(s) the constituents on the Union market. These person(s) shall inform the Member States where and how the technical documentation can be made available.

Technical documentation must demonstrate the conformity of the constituents with the requirements of this Regulation. It must, as far as relevant for the assessment, cover the design, manufacture and operation of the constituents.

The manufacturer or his authorised representative must keep a copy of the declaration of conformity or suitability for use with the technical documentation.

The verification of systems identified in Article 2(1) shall demonstrate the conformity of these systems with the interoperability, performance and safety requirements of this Regulation in an assessment environment that reflects the operational context of these systems. In particular:

The verification of systems identified in Article 2(1) shall be conducted in accordance with appropriate and recognised testing practices.

Test tools used for the verification of systems identified in Article 2(1) shall have appropriate functionalities.

The verification of systems identified in Article 2(1) shall produce the elements of the technical file required by point 3 of Annex IV to Regulation (EC) No 552/2004 including the following elements:

The air navigation service provider shall manage the verification activities and shall in particular:

The air navigation service provider shall ensure that the systems identified in Article 2(1) operated in an operational assessment environment meet the interoperability, performance and safety requirements of this Regulation.

Upon satisfying completion of verification of compliance, air navigation service providers shall draw up the EC declaration of verification of system and submit it to the national supervisory authority together with the technical file as required by Article 6 of Regulation (EC) No 552/2004.

The verification of systems identified in Article 2(1) shall demonstrate the conformity of these systems with the interoperability, performance and safety requirements of this Regulation in an assessment environment that reflects the operational context of these systems. In particular:

The verification of systems identified in Article 2(1) shall be conducted in accordance with appropriate and recognised testing practices.

Test tools used for the verification of systems identified in Article 2(1) shall have appropriate functionalities.

The verification of systems identified in Article 2(1) shall produce the elements of the technical file required by point 3 of Annex IV to Regulation (EC) No 552/2004 including the following elements:

The air navigation service provider shall determine the appropriate operational and technical assessment environment reflecting the operational environment and shall have verification activities performed by a notified body.

The notified body shall manage the verification activities and shall in particular:

The notified body shall ensure that the systems identified in Article 2(1) operated in an operational assessment environment meet the interoperability, performance and safety requirements of this Regulation.

Upon satisfying completion of verification tasks, the notified body shall draw up a certificate of conformity in relation to the tasks it carried out.

Then, the air navigation service provider shall draw up the EC declaration of verification of system and submit it to the national supervisory authority together with the technical file as required by Article 6 of Regulation (EC) No 552/2004.

The air navigation service provider must have in place reporting methods within the organisation which ensure and demonstrate impartiality and independence of judgement in relation to the verification activities.

The air navigation service provider must ensure that the personnel involved in verification processes carry out the checks with the greatest possible professional integrity and the greatest possible technical competence and are free of any pressure and incentive, in particular of a financial type, which could affect their judgement or the results of their checks, in particular from persons or groups of persons affected by the results of the checks.

The air navigation service provider must ensure that the personnel involved in verification processes have access to the equipment that enables them to properly perform the required checks.

The air navigation service provider must ensure that the personnel involved in verification processes have sound technical and vocational training, satisfactory knowledge of the requirements of the verifications they have to carry out, adequate experience of such operations and the ability required to draw up the declarations, records and reports to demonstrate that the verifications have been carried out.

The air navigation service provider must ensure that the personnel involved in verification processes are able to perform their checks with impartiality. Their remuneration shall not depend on the number of checks carried out, or on the results of such checks.