COMMISSION IMPLEMENTING REGULATION (EU) 2023/1770 of 12 September 2023 laying down provisions on aircraft equipment required for the use of the Single European Sky airspace and operating rules related to the use of the Single European Sky airspace and repealing Regulation (EC) No 29/2009 and Implementing Regulations (EU) No 1206/2011, (EU) No 1207/2011 and (EU) No 1079/2012 - text published in the Official Journal of the European Union

Objective

To lay down operating rules related to the use of airspace and requirements on aircraft equipment required for the safe and uniform operation within the SES airspace.

Summary

In 2018 Regulation 552/2004 (the interoperability Regulation) was repealed by Regulation 2018/1139. Consequently, a number of provisions related to aircraft equipment and the use of airspace needed to be adapted to the new Regulation whilst retaining the existing requirements in order to respect the expectations of aircraft operators and ATM/ANS providers.

This Regulation contains two Annexes:

• Annex I (Part-COM), covering the applicable requirements on data link services and voice channel spacing. 
• Annex II (Part-SUR), covering the applicable requirements on surveillance.

Annex I

This Annex contains provisions regarding aircraft communicaiton equipment and comprises two parts:

• Data link services. This part of the Annex defines:
  • Applicability - the provisions apply to aircraft operating above FL 285 as GAT under IFR within SES airspace
  • Capabilities - the equipment must be able to operate the following data link services: DLIC, ACM, ACL and AMC
  • Exceptions - the provisions do not apply to certain aircraft, based on the date of the individual certificate of airworthiness, seating capacity, MTOM, special situations and explicitly specified aircraft models. Some of the exemptions are based on the aircraft type and are listed in the two appendices to this Annex.
• Voice channel spacing. This part of the Annex defines:
  • The scope of the requirements (SES airspace that is part of the ICAO EUR region, excluding Canarias FIR)
  • The requirements for aircraft equipment (8.33 kHz and 25 kHz capabilities)
  • Exemptions from the 8.33 kHz requirement (granted by Member States pursuant to Regulation 1079/2012).

Annex II

This Annex contains provisions regarding aircraft surveillance equipment. Currently, it comprises one part (dependent cooperative surveillance, i.e. Mode S and ADS-B) and defines:

• Scope of the requirements - flights flying under IFR as GAT within the SES that is part of the ICAO EUR region.
• Equipment requirements:
  • All aircraft must be equipped with transponders with Mode S elementary surveillance.
  • If MTOM exceeds 5700 kg or maximum cruise speed exceeds 250 kt TAS, an additional requirement for 1090 MHz Extended Squitter ADS-B Out applies.
  • Fixed wing aircraft with MTOM exceeding 5700 kg or cruising speed exceeding 250 kt TAS must also have the capabilities for airborne Mode S Enhanced Surveillance.
• Exemptions from the equipment requirements
• Retrofit requirements
• Antenna diversity requirements
• Provisions form aircraft with inoperative transponders
• 24-bit ICAO aircraft address requirements
• Aircraft operator personnel training requirements regarding surveillance procedures

Entry into Force

This Regulation entered into force in October 2023.

This Regulation repeals:

• Regulation 29/2009
• Regulation 1206/2011
• Regulation 1207/2011
• Regulation 1079/2012

Regulation 2023/1770 SES Airspace (OJ, 15.09.2023)

Related Regulations

• Regulation 2018/1139

Further  Reading

European Commission

• EUR-Lex Portal: Regulation 2023/1770 (available in different languages and file formats)]