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23.3.2011 Official
Journal
of
the
European
Union L
77/23
COMMISSION REGULATION (EU) No 283/2011
of 22 March 2011
amending Regulation (EC) No 633/2007 as regards the transitional arrangements referred to in
Article 7
(Text with EEA relevance)
THE EUROPEAN COMMISSION,
(5) The
measures
provided
for
in
this
Regulation
are
in
accordance with the opinion of the Single Sky
Having regard to the Treaty on the Functioning of the European
Committee,
Union,
HAS ADOPTED THIS REGULATION:
Having regard to Regulation (EC) No 552/2004 of the European
Parliament and of the Council of 10 March 2004 on the inter
operability of the European Air Traffic Management network
Article 1
(the interoperability Regulation)
( 1 ), and in particular
Article 3(5) thereof,
In Article 7 of Regulation (EC) No 633/2007, the first two
paragraphs are numbered and the following paragraphs 3, 4
Having regard to Regulation (EC) No 549/2004 of the European
and 5 are added:
Parliament and of the Council of 10 March 2004 laying down
the framework for the creation of the single European sky (the
framework Regulation) (
‘3. Where
a
Member
State
or
an
air
navigation
service

2 ), and in particular Article 8(1) thereof,
provider is developing a flight message transfer protocol in
conjunction with the implementation of Regulation (EC) No
Whereas:
1032/2006 between its systems, the systems referred to in
Article 1(2)(a) and (b) shall comply with the requirements of
(1) The
implementation
of
a
flight
message
transfer
protocol
Annex I by 31 December 2012.
is intended to be used for the exchange of flight data in
accordance with Commission Regulation (EC) No
1032/2006 of 6 July 2006 laying down requirements
4. Where
a
Member
State
or
an
air
navigation
service
for automatic systems for the exchange flight data for
provider has ordered or signed a binding contract to that
the purpose of notification, coordination and transfer
effect or developed a flight message transfer protocol for
of flight between air traffic control units ( 3 ).
the systems referred to in Article 1(2)(a) and (b) before the
date of entry into force of this Regulation so that the
compliance with the requirements of point 6 of Annex I
(2) In
order
to
comply
with
the
requirements
of
point
6
of
cannot be guaranteed, the air navigation service provider or
Annex I to Commission Regulation (EC) No 633/2007 of
the controlling military unit may use other versions of the
7 June 2007 laying down requirements for the appli
Internet protocol for peer-to-peer communications between
cation of a flight message transfer protocol used for
their systems until 31 December 2014.
the purpose of notification, coordination and transfer
of flights between air traffic control units ( 4 ), some
Member States or air navigation service providers have
to update not only their Internet protocol (IP) network
Those Member States and air navigation service providers
but also many of their flight data systems and network
shall ensure that all peer-to-peer communications from
infrastructure. The update of these systems before
their systems to those of other Member States or air navi
20 April 2011 could have a significant financial impact
gation service providers comply with the requirements
for the concerned Member States or air navigation service
specified in Annex I, unless a bilateral agreement concluded
providers and, for this reason, appropriate transitional
before 20 April 2011 allows the use of other versions of the
arrangements should contribute to minimise the cost.
Internet protocol for a transitional period ending no later
than 31 December 2014.
(3) During the period of validity of the transitional
arrangements, the concerned Member States or air navi
5. The
Member
States
referred
to
in
paragraphs
3
and
4
gation service providers should apply the necessary
shall communicate to the Commission before 20 April 2011
measures to ensure interoperability within the European
detailed information on the measures applied by the air navi
air traffic management network (hereinafter EATMN).
gation service provider or the controlling military units to
ensure interoperability of the systems referred to in Article
(4) Regulation
(EC)
No
633/2007
should
therefore
be
1(2)(a) and (b) within the EATMN.’
amended accordingly.
( 1 ) OJ L 96, 31.3.2004, p. 26.
Article 2
( 2 ) OJ L 96, 31.3.2004, p. 1.
( 3 ) OJ L 186, 7.7.2006, p. 27.
This Regulation shall enter into force on the 20th day following
( 4 ) OJ L 146, 8.6.2007, p. 7.
its publication in the Official Journal of the European Union.

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L 77/24
EN
Official Journal of the European Union
23.3.2011
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 22 March 2011.
For the Commission
The President
José Manuel BARROSO

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