COMMISSION IMPLEMENTING REGULATION (EU) 2023/1771 of 12 September 2023 amending Implementing Regulation (EU) 2017/373 as regards air traffic management and air navigation services systems and constituents and repealing Regulations (EC) No 1032/2006, (EC) No 633/2007 and (EC) No 262/2009 - text published in the Official Journal of the European Union

Objective

To amend Regulation 2017/373 as regards air traffic management and air navigation services systems and constituents.

Summary

In 2018 Regulation 552/2004 (the interoperability Regulation) was repealed by Regulation 2018/1139. Consequently, a number of provisions related to ATM and ANS systems and constituents needed to be adapted to the new Regulation. In order to ensure the continuity, the requirements are based on the relevant implementing rules adopted on the basis Regulation 552/2004 (with necessary adaptations).

The most notable changes to Regulation 2017/373 include:

• One definition is updated and five more are added.
• Added a requirement that ground-based transmitters do not produce harmful interference on other surveillance systems
• Added provisions regarding the allocation of Mode S interrogator codes
• Added provisions for spectrum protection
• Provisions (and exemptions from) 8.33 kHz channel spacing conversion
• Added requirement for the development and promulgation of procedures for the handling of aircraft that are not equipped with Mode S transponders or 8.33 kHz spacing radios.
• Changes to Annex I - 13 definitions are added or amended
• Changes to Annex II - added a provision giving the competent authority power to restrict or prohibit the use of new or modified equipment which has not been certified.
• Changes to Annex III:
  • Added requirements for the certification of new or modified equipment. 
  • Added a requirement to the management system to ensure that the design of ATM/ANS equipment (or relevant changes) comply with the applicable specifications
• Changes to Annex IV:
  • Added requirements regarding communication equipment capabilities, including accomodation of aircraft not equipped with 8.33 kHz channel spacing radios. 
  • Added a requirement that air–ground communications facilities enable two-way data link communications
  • Expanded the provisions for automation supported ATC coordination
  • Added surveillance data requirements in respect to aircraft identification and separation.
  • Added a provision that the transfer of control must be supported by automation
  • Two appendices are added:
    • Appendix 1 containing provisions for identification of aircraft using the downlinked aircraft identification feature.
    • Appendix 2 containing provisions for automated coordination.
• Changes to Annex VIII - a new section, "Technical requirements for providers of surveillance services" is added, currently containing provisions for allocation and use of Mode S interrogator codes.

Entry into Force

This Regulation entered into force in October 2023.

This Regulation repeals:

• Regulation 1032/2006
• Regulation 633/2007
• Regulation 262/2009

Regulation 2023/1771 amending Regulation 2017/373 as regards ATM and ANS systems (OJ, 15.09.2023)

Related Regulations

• Regulation 2018/1139
• Regulation 2017/373

Further  Reading

European Commission

• EUR-Lex Portal: Regulation 2023/1771 (available in different languages and file formats)]