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

Commission Regulation (EC) No 262/2009

of 30 March 2009

laying down requirements for the coordinated allocation and use of Mode S interrogator codes for the single European sky

(Text with EEA relevance)

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(5) thereof,

Having regard to 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), and in particular Article 8(2) thereof,

Whereas:

(1) Mode S (Select) is a cooperative surveillance technique for air traffic control. It enables the selective interrogation of aircraft and the extraction of air derived data through which new air traffic management functionalities can be developed. The design of systems supporting addressing individual aircraft through the Mode S (hereinafter Mode S interrogators) requires the use of Mode S interrogator codes for the detection and surveillance of aircraft equipped with a Mode S transponder.

(2) To secure the safety of the air traffic surveillance system, it is essential that the radar coverage areas of two Mode S interrogators using the same interrogator code do not overlap, except if they are grouped in a cluster or if other appropriate operational mitigations are in place.

(3) In order to support the deployment of an increasing number of Mode S interrogators and to resolve the problems resulting from the shortage of interrogator codes available for the interrogation of aircraft, there is a need to coordinate the allocation and use of those interrogator codes efficiently.

(4) Eurocontrol has been mandated in accordance with Article 8(1) of Regulation (EC) No 549/2004 to develop requirements for the allocation and use of Mode S interrogator codes (hereinafter interrogator codes). This Regulation is based on the resulting mandate report of 2 January 2008.

(5) Initially, for technical reasons, only interrogator identifier codes (hereinafter II codes) 0 to 15 were defined and used as interrogator codes. Due to the expected number of Mode S interrogators, measures were later taken to allow the use of additional surveillance identifier codes (hereinafter SI codes) 1 to 63.

(6) Normally, the use of SI codes requires that all Mode S targets within the coverage of Mode S interrogators are equipped for this purpose. However, specifications were developed by Eurocontrol for an II/SI code operation which would enable the early use of SI codes by Mode S interrogators even in an environment where all Mode S targets would not be equipped for the use of SI codes. Mode S operators should therefore be required to accommodate this II/SI code operation.

(7) A centralised interrogator code allocation service, provided through the interrogator code allocation system, has been established under the authority of Eurocontrol. Member States should be required to take the necessary measures to ensure that the interrogator code allocation system delivers information supporting the consistency of the key items of an interrogator code allocation. These key items should be clearly identified.

(8) Common procedures should be defined to ensure that the key elements of the interrogator code allocations are properly implemented. They should take into account relevant provisions of the International Civil Aviation Organisation (hereinafter ICAO).

(9) Mode S operators and air traffic service providers should take appropriate measures to detect and mitigate the effect of possible conflicts between interrogator codes.

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

(11) A limited number of interrogator codes is reserved for exclusive use and management by military entities, including intergovernmental organisations, in particular the North Atlantic Treaty Organisation. Mode S interrogators using these codes therefore do not need to be subject to the coordinated allocation process. Member States should however be required to take the necessary measures to ensure that the use of these interrogator codes has no detrimental impact on the safety of general air traffic.

(12) Interrogator code 0 has been reserved by ICAO for operation without an assigned code. Mode S interrogators using interrogator code 0 in accordance with the ICAO Standards and Recommended Practices do not need to be subject to the coordinated allocation process.

(13) II code 14 has been reserved for shared use by test systems. Mode S target detection cannot be guaranteed when several test systems operate concurrently. Mode S test systems operators who need to conduct temporary trials necessitating a conflict free situation should therefore ensure proper bilateral coordination with other Mode S test system operators.

(14) The centralised interrogator code allocation service should make available to Member States and Mode S operators and update as required an interrogator code allocation plan ensuring safe and efficient use of interrogator codes. The allocation plan should be approved by Member States affected by its content.

(15) A mechanism should be defined to resolve situations where approval of the interrogator code allocation plan cannot be obtained in a timely fashion.

(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 either the conformity or the 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 of 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(3).

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

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 218, 13.8.2008, p. 82.