Commission Implementing Regulation (EU) No 1079/2012Dangos y teitl llawn

ANNEX I Member States referred to in Articles 5 and 6

The Member States referred to in Articles 5(2), 6(3), 6(5) and 6(8) are the following:

• Germany,

• Ireland,

• France,

• Italy,

• Luxembourg,

• Hungary,

• Netherlands,

• Austria,

• United Kingdom.

ANNEX II ICAO provisions referred to in Articles 4 and 8

1. 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).

2. 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).

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

ANNEX III Requirements referred to in Article 10, to be taken into consideration during the safety assessment

1. 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.

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

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

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

5. 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.

6. 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.

7. 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.

8. 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.

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

(a)

ensure that operators of aircraft operating in such airspace are informed that these aircraft must be equipped with radios having the 8,33 kHz channel spacing capability;

(b)

ensure that appropriate training is provided to flight crew members that use 25 kHz radios in airspace where the carriage of radios having the 8,33 kHz channel spacing capability is required, as specified in Article 2(5);

(c)

perform a local safety assessment prior to the conversion that takes into account all the traffic expected to cross that airspace and the potential issues arising from the voice communication system in operation in all surrounding airspace.

ANNEX IV

PART A Requirements for the assessment of the conformity or suitability for use of constituents referred to in Article 11

1. 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.

2. 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.

PART B Internal production control module

1. 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.

2. 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.

3. 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.

4. 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.

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

PART C Requirements for the verification of systems referred to in Article 12(1)

1. 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 communication systems shall demonstrate that 8,33 kHz channel spacing is in use for voice communications in accordance with Article 4 and that the performance of the 8,33 kHz voice communication systems complies with Article 4(7),

• the verification of systems for flight data processing shall demonstrate that the functionality described in Article 7(2) is properly implemented.

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

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

4. 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:

• description of the implementation,

• the report of inspections and tests achieved before putting the system into service.

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

• determine the appropriate operational and technical assessment environment reflecting the operational environment,

• verify that the test plan describes the integration of systems identified in Article 2(1) in an operational and technical assessment environment,

• verify that the test plan provides full coverage of the applicable interoperability, performance and safety requirements of this Regulation,

• ensure the consistency and quality of the technical documentation and the test plan,

• plan the test organisation, staff, installation and configuration of the test platform,

• perform the inspections and tests as specified in the test plan,

• write the report presenting the results of inspections and tests.

6. 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.

7. 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.

PART D Requirements for the verification of systems referred to in Article 12(2)

1. 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 communication systems shall demonstrate that 8,33 kHz channel spacing is in use for voice communications in accordance with Article 4 and that the performance of the 8,33 kHz voice communication systems complies with Article 4(7),

• the verification of systems for flight data processing shall demonstrate that the functionality described in Article 7(2) is properly implemented.

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

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

4. 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:

• description of the implementation,

• the report of inspections and tests achieved before putting the system into service.

5. 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.

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

• verify that the test plan describes the integration of systems identified in Article 2(1) in an operational and technical assessment environment,

• verify that the test plan provides full coverage of the applicable interoperability, performance and safety requirements of this Regulation,

• ensure the consistency and quality of the technical documentation and the test plan,

• plan the test organisation, staff, installation and configuration of the test platform,

• perform the inspections and tests as specified in the test plan,

• write the report presenting the results of inspections and tests.

7. 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.

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

9. 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.

ANNEX V Conditions referred to in Article 12

1. 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.

2. 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.

3. 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.

4. 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.

5. 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.