Commission Regulation (EC) No 1265/2007 (repealed)Show full title

Commission Regulation (EC) No 1265/2007

of 26 October 2007

laying down requirements on air-ground voice channel spacing for the single European sky

(Text with EEA relevance) (repealed)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

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(1) thereof,

Having regard to Regulation (EC) No 549/2004 of the European Parliament and the Council of 10 March 2004 laying down the framework for the creation of the single European sky (the framework Regulation)(2), and in particular Article 8(2) thereof,

Whereas:

(1) Increases in air traffic levels within the European Air Traffic Management network (hereinafter EATMN) have required increases in air traffic management capacity. This has led to a demand for operational improvements — such as airspace resectorisation — which, in turn, has led to a demand for additional VHF assignments.

(2) Due to difficulties in satisfying the demand for VHF assignments in the aeronautical mobile radio communication service band 117,975 to 137 MHz — and taking into account the limitations for increasing the allocated spectrum and/or frequency re-use — the International Civil Aviation Organisation (hereinafter ICAO) decided to reduce the channel spacing from 25 to 8,33 kHz.

(3) Following ICAO decisions taken in 1994 and 1995, 8,33 kHz channel spacing was introduced above flight level (hereinafter FL) 245 in the ICAO EUR Region in October 1999. Initially, seven States enforced mandatory carriage of this radio equipment with 8,33 kHz channel spacing capability in the aircraft, with a further 23 States enforcing mandatory carriage since October 2002.

(4) In line with predicted increases in the demand for VHF assignments, ICAO decided in 2002 to proceed with the implementation of 8,33 kHz channel spacing below FL 245, and requested the European Organisation for the Safety of Air navigation (Eurocontrol) to manage the implementation. Subsequently, the Eurocontrol Permanent Commission recommended to proceed with the implementation of 8,33 kHz channel spacing above FL 195 in the ICAO EUR Region from 15 March 2007.

(5) Traffic growth is expected to continue over the coming years, implying further demand for additional VHF requirements. Implementation of 8,33 kHz channel spacing above FL 195 should therefore be considered only as a first step which would need to be evaluated for possible expansion in due time, on the basis of proper operational, safety and economic impact assessment.

(6) Eurocontrol has been mandated in accordance with Article 8(1) of Regulation (EC) No 549/2004 to develop requirements for the coordinated introduction of air-ground voice communications based on reduced 8,33 kHz channel spacing. This Regulation is based on the resulting mandate report of 12 October 2006.

(7) In order to ensure interoperability, the ground and airborne 8,33 kHz voice communications systems need to comply with common minimum performance requirements.

(8) The uniform application of specific procedures within the airspace of the single European sky is essential for the achievement of interoperability and seamless operations.

(9) The information about whether aircraft have 8,33 kHz channel spacing capability should be included in the flight plan, processed and transmitted between the air traffic control units.

(10) This Regulation should not cover military operations and training as referred to in Article 1(2) of Regulation (EC) No 549/2004.

(11) The Member States have declared in a general statement on military issues related to the single European sky(3) that they will cooperate with each other, taking into account national military requirements, in order that the concept of the flexible use of airspace is fully and uniformly applied in all Member States by all users of airspace. To that end, the air-ground voice communication on reduced 8,33 kHz channel spacing should be implemented by all users of airspace.

(12) The handling of State aircraft flying as general air traffic which do not have 8,33 kHz channel spacing capability can lead to an increased air traffic control workload and have a detrimental impact on capacity and safety levels of the EATMN. In order to minimise such impact, the highest possible rates of State aircraft should be equipped with radio equipment with 8,33 kHz channel spacing capability.

(13) Transport type State aircraft represent the largest category of State aircraft flying as general air traffic in the airspace in which this Regulation applies. Ensuring that such State aircraft have radio equipment with 8,33 kHz channel spacing capability should therefore be made a priority.

(14) Constraints of a technical or financial nature may prevent Member States from equipping certain categories of State aircraft with radios with 8,33 kHz channel spacing capability. The Commission should be informed in such cases.

(15) Air navigation service providers should establish plans addressing the handling of the State aircraft which cannot be equipped with radios with 8,33 kHz channel spacing capability, in order to maintain safety levels.

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

(17) In accordance with Article 3(3)(d) of 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.

(18) 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 satisfactorily assessed through internal production control, using procedures based on Module A in the Annex to Council Decision 93/465/EEC of 22 July 1993 concerning the modules for the various phases of the conformity assessment procedures and the rules for the affixing and use of the CE conformity marking, which are intended to be used in the technical harmonisation directives(4).

(19) The measures provided for in this Regulation are in accordance with the opinion of the Single Sky Committee established by Article 5(1) of Regulation (EC) No 549/2004,

HAS ADOPTED THIS REGULATION:

(1)

OJ L 96, 31.3.2004, p. 26.

(2)

OJ L 96, 31.3.2004, p. 1.

(3)

OJ L 96, 31.3.2004, p. 9.

(4)

OJ L 220, 30.8.1993, p. 23.