19. For article 40 (notified radio communication and radio navigation equipment to be carried by EU-OPS aeroplanes) substitute—
40.—(1) This article applies to flights for the purpose of commercial air transport.
(2) Unless the requirements of paragraph (3) are satisfied, an operator must not operate an aircraft which is flying—
(a)under the Instrument Flight Rules; or
(b)under the Visual Flight Rules over routes that cannot be navigated by reference to visual landmarks.
(3) The requirements of this paragraph are satisfied if the aircraft is equipped with radio communication and navigation equipment in accordance with the notified requirements of air traffic services in the area of operation.”.