Commission Regulation (EC) No 262/2009Show full title

Article 5 U.K. Associated procedures for Member States

1. Member States shall check the validity of interrogator code applications received from Mode S operators, before making them available through the interrogator code allocation system for coordination. The validity check shall include the key items listed in Annex II, Part A.

2. Member States shall take the necessary measures to ensure that the interrogator code allocation system:

(a) checks interrogator code applications for compliance with the format and data conventions;

(b) checks interrogator code applications for completeness, accuracy and timeliness;

(c) within maximum six calendar months from application:

(i)

performs interrogator code allocation plan update simulations on the basis of the pending applications;

(ii)

prepares a proposed update of the interrogator code allocation plan for approval by the Member States affected by it;

(iii)

ensures that the proposed update to the interrogator code allocation plan meets to the greatest extent possible, the operational requirements of the interrogator code applications, as described by key items (g), (h) and (i) listed in Annex II, Part A;

(iv)

updates, and communicates to Member States the interrogator code allocation plan immediately after its approval, without prejudice to national procedures for the communication of information on Mode S interrogators operated by military.

3. Changes in the interrogator code allocation plan shall be subject to the approval of all the Member States affected by the update of the plan.

4. In case of disagreement on the changes referred to in paragraph 3 of this Article, the Member States concerned shall bring the matter to the Commission for action. The Commission shall act in accordance with the procedure referred to in Article 5(2) of Regulation (EC) No 549/2004.

5. Member States referred to in paragraph 3 shall ensure that their interrogator code allocation plan approvals are communicated to other Member States through the interrogator code allocation system.

6. Member States referred to in paragraph 3 shall ensure that interrogator code allocation changes resulting from an update to the interrogator code allocation plan are communicated to the relevant Mode S operators under their authority within 14 calendar days of the reception of the updated allocation plan.

7. Member States shall make available to other Member States at least every six months through the interrogator code allocation system an up-to-date record of the allocation and use of interrogator code by the eligible Mode S interrogators within their area of responsibility.

8. Where an overlap exists between the coverage of a Mode S interrogator located within the area of responsibility of a Member State and the coverage of a Mode S interrogator located within the area of responsibility of a third country, the Member State concerned shall:

(a) ensure that the third country is informed of the safety requirements related to the allocation and use of interrogator codes;

(b) take the necessary measures to coordinate the use of interrogator codes with the third country.