HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"L 320/14
EN
Official Journal of the European Union
17.11.2012
COMMISSION IMPLEMENTING REGULATION (EU) No 1079/2012
of 16 November 2012
laying down requirements for voice channels spacing for the single European sky
(Text with EEA relevance)
THE EUROPEAN COMMISSION,
(7) The
Network
Manager
set
up
by
Commission
Regulation
(EU) No 677/2011 of 7 July 2011 laying down detailed
Having regard to the Treaty on the Functioning of the European
rules for the implementation of air traffic management
Union,
(ATM) network functions and amending Regulation (EU)
No 691/2010
( 4 ) coordinates and harmonises the
Having regard to Regulation (EC) No 552/2004 of the European
processes and procedures to enhance the efficiency of
Parliament and of the Council of 10 March 2004 on the inter
aeronautical frequency management. It also coordinates
operability of the European Air Traffic Management network
the early identification of needs and resolution of
(the interoperability Regulation) (
frequency problems.

1 ), and in particular Article 3(5)
thereof,
Whereas:
(8) Harmonised
frequency
use
in
the
entire
European
airspace under Member States responsibility for specific
(1) The
Commission
has
issued
a
mandate
to
Eurocontrol
in
applications will further optimise the use of limited radio
accordance with Article 8(1) of Regulation (EC) No
spectrum resources. Therefore the 8,33 kHz channel
549/2004 of the European Parliament and of the
spacing conversion of frequencies should take into
Council of 10 March 2004 laying down the framework
account the possible actions of the Network Manager
for the creation of the single European sky (the
for harmonised frequency use mainly by general
framework Regulation) ( 2 ) to develop requirements for
aviation for air-to-air communications purposes and for
the coordinated introduction of air-ground voice
specific applications related to general aviation activities.
communications based on 8,33 kHz channel spacing.
This Regulation is based on the resulting mandate
report of 12 July 2011.
(9) The
investment
made
as
a
result
of
Regulation
(EC)
No
(2)
The first phase of the mandate led to the adoption of
1265/2007 has substantially reduced the cost of
Commission Regulation (EC) No 1265/2007 of
deployment of 8,33 kHz channel spacing in the
26 October 2007 laying down requirements on air-
airspace below FL 195 for air navigation service
ground voice channel spacing for the single European
providers and for operators flying above FL 195.
sky ( 3 ) which aimed at the coordinated introduction of
air-ground voice communications based on 8,33 kHz
channel spacing in the airspace above Flight Level (FL)
195.
(10) The
requirements
for
general
aviation
aircraft
operating
under visual flight rules to be equipped with radios with
8,33 kHz channel spacing capability will impose a
(3) Specific
provisions
of
Regulation
(EC)
No
1265/2007,
mainly regarding procedures, were already applicable in
considerable cost with limited operational benefits for
the airspace below FL 195.
those aircraft.

(4) Previous
conversions
to
8,33
kHz
channel
spacing
above
FL 195 have reduced frequency congestion, but have not
(11) The
European
Organisation
for
Civil
Aviation
Equipment
eliminated it. Many Member States find it increasingly
(Eurocae) specification ED-23B should be considered as
difficult to satisfy the demand for new frequency
sufficient means of compliance with regard to the capa
assignments in the aeronautical mobile route service
bilities of the airborne equipment.
band 117,975-137 MHz (‘the VHF band’).
(5)
The only realistic option to resolve the medium to long-
term congestion problem in the VHF band is the further
(12) Airborne
equipment
compliant
with
the
Eurocae
specifi
deployment of air-ground voice communications based
cation ED-23C provides improved communications char
on 8,33 kHz channel spacing.
acteristics. It should therefore be considered as the
preferred option to ED-23B whenever possible.
(6) Inability
to
meet
future
demand
for
frequency
assignments will delay or make impossible airspace
improvements to increase capacity and will lead to
increase in delays entailing significant costs.
(13) The
arrangements
for
State
aircraft
should
take
into
account their specific constraints with appropriate imple
mentation dates.
( 1 ) OJ L 96, 31.3.2004, p. 26.
( 2 ) OJ L 96, 31.3.2004, p. 1.
( 3 ) OJ L 283, 27.10.2007, p. 25.
( 4 ) OJ L 185, 15.7.2011, p. 1.

---

EN
17.11.2012 Official
Journal
of
the
European
Union L
320/15
(14) This
Regulation
should
not
cover
military
operations
and
2. This
Regulation
shall
apply
to
flight
data
processing
training in accordance with Article 1(2) of Regulation
systems serving air traffic control units providing services to
(EC) No 549/2004.
general air traffic, their constituents and associated procedures.
(15) Member States which apply North Atlantic Treaty
3. This
Regulation
shall
apply
to
all
flights
operating
as
Organisation (‘NATO’) combined frequency requirements
general air traffic, within the airspace of the International
should maintain the 122,1 MHz frequency in 25 kHz
Civil Aviation Organisation (‘ICAO’) EUR region where
channel spacing for the accommodation of State
Member States are responsible for the provision of air traffic
aircraft not equipped with radios with 8,33 kHz
services in accordance with Regulation (EC) No 550/2004 of
channel spacing capability, until a suitable alternative is
the European Parliament and of the Council ( 2 ).
found.
4. The
conversion
requirements
shall
not
apply
to
frequency
assignments:
(16) With
a
view
to
maintaining
or
enhancing
existing
safety
levels of operations, Member States should ensure that
the parties concerned carry out a safety assessment
(a) that will remain in 25 kHz channel spacing on the
including hazard identification, risk assessment and miti
following frequencies:
gation processes. Harmonised implementation of those
processes to the systems covered by this Regulation
(i) the emergency frequency (121,5 MHz);
necessitates the identification of specific safety
requirements for all interoperability and performance
(ii) the auxiliary frequency for search and rescue operations
requirements.
(123,1 MHz);
(iii) the VHF digital link (VDL) frequencies (136,725 MHz,
(17) In
accordance
with
Regulation
(EC)
No
552/2004,
imple
menting rules for interoperability should describe the
136,775
MHz, 136,825
MHz, 136,875
MHz,
specific conformity assessment procedures to be used
136,925 MHz and 136,975 MHz);
to assess the conformity or suitability for use of consti
tuents as well as the verification of systems.
(iv) the aircraft communications addressing and reporting
system (ACARS) frequencies (131,525 MHz, 131,725
MHz and 131,825 MHz);
(18) The level of maturity of the market for the constituents
to which this Regulation applies is such that their
(b) where offset carrier operation within a 25 kHz channel
conformity or suitability for use can be assessed
spacing is utilised.
through internal production control, using procedures
based on Module A in Annex II to Decision No
5. Radios
intended
to
operate
exclusively
in
one
or
more
768/2008/EC of the European Parliament and of the
frequency assignments that will remain in 25 kHz channel
Council of 9 July 2008 on a common framework for
spacing shall not be required to have the 8,33 kHz channel
the marketing of products, and repealing Council
spacing capability.
Decision 93/465/EEC ( 1 ).
Article 3
(19) For
reasons
of
clarity,
Regulation
(EC)
No
1265/2007
should be repealed.
Definitions
For the purpose of this Regulation, the definitions set out in
(20) The
measures
provided
for
in
this
Regulation
are
in
Article 2 of Regulation (EC) No 549/2004 shall apply. The
accordance with the opinion of the Single Sky
following definitions shall also apply:
Committee,
(1) ‘channel’ means a numerical designator used in
HAS ADOPTED THIS REGULATION:
conjunction with voice communication equipment
tuning, which allows unique identification of the
Article 1
applicable radio frequency and associated channel spacing;
Subject matter
(2) ‘8,33 kHz channel spacing’ means a channel spacing where
the nominal channel centre frequencies are separated in
This Regulation lays down requirements for the coordinated
increments of 8,33 kHz;
introduction of air-ground voice communications based on
8,33 kHz channel spacing.
(3) ‘radio’ means any installed, portable or handheld device
designed to transmit and/or receive transmissions in the
Article 2
VHF band;
Scope
(4) ‘central register’ means a register where the national
1. This
Regulation
shall
apply
to
all
radios
operating
in
the
frequency manager registers the necessary operational,
117,975-137 MHz band (‘the VHF band’) allocated to the aero
technical and administrative details for each frequency
nautical mobile route service, including systems, their consti
assignment in accordance with Regulation (EU) No
tuents and associated procedures.
677/2011;
( 1 ) OJ L 218, 13.8.2008, p. 82.
( 2 ) OJ L 96, 31.3.2004, p. 10.

---

L 320/16
EN
Official Journal of the European Union
17.11.2012
(5) ‘8,33 kHz conversion’ means the replacement of a
Management Network through which a centralised flight
frequency assignment registered in the central register
planning processing and distribution service, dealing with
and using 25 kHz channel spacing by a frequency
the reception, validation and distribution of flight plans, is
assignment using 8,33 kHz channel spacing;
provided within the airspace covered by this Regulation;
(6) ‘frequency assignment’ means authorisation given by a
(19) ‘transport-type State aircraft’ means fixed wing State
Member State to use a radio frequency or radio
aircraft that are designed for the purpose of transporting
frequency channel under specified conditions for the
persons and/or cargo;
purpose of operating radio equipment;
(20) ‘airport operator’ means the managing body of an airport
(7) ‘operator’ means a person, organisation or enterprise
as defined in Council Regulation (EEC) No 95/93 (
engaged in or offering to engage in an aircraft operation;

1 );
(8) ‘flights operated under visual flight rules’ means any flights
(21) ‘operational control communication’ means communi
operated under visual flight rules as defined in Annex 2 to
cation carried out by aircraft operators, which also affect
the 1944 Chicago Convention on International Civil
air transport safety, regularity and efficiency of flights.
Aviation (‘the Chicago Convention’);
Article 4
(9) ‘State aircraft’ means any aircraft used by military, customs
Interoperability and performance requirements of radio
or police;
equipment
1. Manufacturers
of
radios
intended
to
operate
in
the
VHF
(10) ‘offset carrier operation’ means a case where the designated
band, or their authorised representatives established in the
operational coverage cannot be ensured by a single ground
Union, shall ensure that from 17 November 2013 all radios
transmitter and where, in order to minimise the inter
placed on the market, are 8,33 kHz channel spacing capable.
ference problems, the signals from two or more ground
transmitters are offset from the nominal channel centre
frequency;
2. Air
navigation
service
providers,
operators
and
other
users
or owners of radios shall ensure that all radio equipment put
into service from 17 November 2013, includes the 8,33 kHz
(11) ‘aircraft radio equipment’ means one or more radios
channel spacing capability.
located on board an aircraft and used by an authorised
flight crew member during flight;
3. Member
States
shall
ensure
that
aircraft
for
which
the
(12) ‘radio upgrade’ means the replacement of a radio by a
individual certificates of airworthiness or individual flight
radio of a different model or part number;
permits are first issued in the Union from 17 November
2013 and have a radio equipage requirement, are fitted with
radios having the 8,33 kHz channel spacing capability.
(13) ‘designated operational coverage’ means the volume of
airspace in which a particular service is provided and in
which the service is afforded frequency protection;
4. Air
navigation
service
providers,
operators
and
other
users
or owners of radios shall ensure that from 17 November 2013
their radios include the 8,33 kHz channel spacing capability
(14) ‘air traffic control unit’ (‘ATC unit’) means area control
whenever they are subject to radio upgrades.
centre, approach control unit or aerodrome control tower;
5. Member
States
shall
ensure
that
by
31
December
2017
at
(15) ‘working position’ means the furniture and technical
the latest all radios have the 8,33 kHz channel spacing capa
equipment at which a member of the air traffic services
bility with the exception of ground radios operated by air navi
(‘ATS’) staff undertakes the tasks associated with his oper
gation service providers.
ational responsibilities;
6. In
addition
to
8,33
kHz
channel
spacing
capability,
the
(16) ‘radio-telephony’ means a form of radio-communication
equipment referred to in paragraphs 1-5 shall be able to tune to
primarily intended for the exchange of information in
25 kHz spaced channels.
the form of speech;
(17) ‘letter of agreement’ means an agreement between two
7. Users
or
owners
of
ground
radios
having
the
8,33
kHz
adjacent ATS units that specifies how their respective
channel spacing capability shall ensure that the performance of
ATS responsibilities are to be coordinated;
these radios and the transmitter/receiver ground constituent
complies with the ICAO standards specified in point 1 of
Annex II.
(18) ‘Integrated Initial Flight Plan Processing System’ (‘IFPS’)
means a system within the European Air Traffic
( 1 ) OJ L 14, 22.1.1993, p. 1.

---

EN
17.11.2012 Official
Journal
of
the
European
Union L
320/17
8. Users
or
owners
of
aircraft
radio
equipment
having
the (b) frequency assignments that stay in 25 kHz as a result of a
8,33 kHz channel spacing capability shall ensure that the
safety requirement;
performance of these radios comply with the ICAO standards
specified in point 2 of Annex II.
(c) 25 kHz frequency assignments used to accommodate State
aircraft.
Article 5
5. Member
States
listed
in
Annex
I
shall
communicate
to
the
Obligations of operators
Commission, by 31 December 2013 at the latest, the number
1. An
operator
shall
not
operate
an
aircraft
above
FL
195 of conversions which can be achieved pursuant to paragraph 3.
unless the aircraft radio equipment has the 8,33 kHz channel
spacing capability.
6. If the 25 % target identified in paragraphs 3 and 4 cannot
be achieved, the Member State shall provide, in its communi
cation to the Commission, the justification for not having
2. From
1
January
2014
an
operator
shall
not
operate
an achieved the 25 % target and shall propose an alternative date
aircraft flying under instrument flight rules in airspace class A, B
by when those conversions shall be performed.
or C of the Member States listed in Annex I unless the aircraft
radio equipment has the 8,33 kHz channel spacing capability.
7. The
communication
to
the
Commission
shall
also
identify
the frequency assignments for which conversion is not feasible
and shall state the reasons why the conversion is not feasible.
3. With
regard
to
the
carriage
requirements
of
8,33
kHz
channel spacing radio equipment identified in paragraph 2, an
operator shall not operate an aircraft flying under visual flight
8. Member
States
listed
in
Annex
I
shall
ensure
that
from
rules in areas operating in 8,33 kHz channel spacing unless the
1 January 2015, all operational control communication
aircraft radio equipment has the 8,33 kHz channel spacing
frequency assignments in the central register are 8,33 kHz
capability.
channel spacing frequency assignments.
9. Where,
due
to
technical
reasons,
compliance
with
4. Without
prejudice
to
Article
2(5),
from
1
January
2018
an paragraph 8 can not be ensured, the Member States shall
operator shall not operate an aircraft in airspace where carriage
communicate to the Commission, by 31 December 2014 at
of radio is required unless the aircraft radio equipment has the
the latest, the operational control communication frequency
8,33 kHz channel spacing capability.
assignments which will not be converted and shall provide
the justification for not making the conversions.
Article 6
10. Member
States
shall
ensure
that,
by
31
December
2018
Requirements on 8,33 kHz conversions
at the latest, all frequency assignments are converted to 8,33
kHz channel spacing with the exception of:
1. Member
States
shall
ensure
that
for
sectors
with
a
lower
level at or above FL 195 all voice frequency assignments are
converted to 8,33 kHz channel spacing.
(a) frequency assignments that stay in 25 kHz as a result of a
safety requirement;
2. If
under
exceptional
circumstances
it
is
not
possible
to
(b) 25 kHz frequency assignments used to accommodate State
comply with paragraph 1, Member States shall communicate
aircraft.
the reasons to the Commission.
Article 7
3. Member
States
listed
in
Annex
I
shall
implement,
by
Obligations of air navigation service providers
31 December 2014 at the latest, a number of new 8,33 kHz
1. Air
navigation
service
providers
shall
ensure
that
their
channel spacing conversions equivalent to at least 25 % of the
8,33 kHz channel spacing voice communication systems
total number of the 25 kHz frequency assignments in the
allow an operationally acceptable voice communication
central register and allocated to a specific area control centre
between controllers and pilots within the designated operational
(‘ACC’) in a Member State. These conversions shall not be
coverage.
limited to ACC frequency assignments and shall not include
operational control communication frequency assignments.
2. Air navigation service providers shall implement the
notification and initial coordination processes in their flight
4. The
total
number
of
State
25
kHz
ACC
frequency data processing systems in accordance with Commission Regu
assignments identified in paragraph 3 shall not take into
lation (EC) No 1032/2006 ( 1 ) as follows:
account:
(a) the information about the 8,33 kHz channel spacing capa
bility of a flight shall be transmitted between ATC units;
(a) frequency assignments where 25 kHz offset carrier
operation is utilised;
( 1 ) OJ L 186, 7.7.2006, p. 27.

---

L 320/18
EN
Official Journal of the European Union
17.11.2012
(b) the information about the 8,33 kHz channel spacing capa
2. Where
procurement
constraints
prevent
compliance
with
bility of a flight shall be made available at the appropriate
paragraph 1, Member States shall ensure that transport-type
working position;
State aircraft operating flights above FL 195 are equipped
with radios having the 8,33 kHz channel spacing capability
by 31 December 2012 at the latest.
(c) the controller shall have the means to modify the
information about the 8,33 kHz channel spacing capability
of a flight.
3. Member States shall ensure that non-transport-type State
aircraft operating flights above FL 195 are equipped with radios
having the 8,33 kHz channel spacing capability.
Article 8
Associated procedures
4. Member
States
may
allow
non-compliance
with
paragraph
3 due to:
1.
Air navigation service providers, operators and other users
of radios shall ensure that all six digits of the numerical
designator are used to identify the transmitting channel in
(a) compelling technical or budgetary constraints;
radio-telephony communications, except where both the fifth
and sixth digits are zeros, in which case only the first four
digits shall be used.
(b) procurement constraints.
5. When
procurement
constraints
prevent
compliance
with
2.
Air navigation service providers, operators and other users
paragraph 3, Member States shall ensure that non-transport-
of radios shall ensure that their air-ground voice communi
type State aircraft operating flights above FL 195 are
cation procedures are in accordance with the ICAO provisions
equipped with radios having the 8,33 kHz channel spacing
specified in point 3 of Annex II.
capability by 31 December 2015 at the latest.
3. Air
navigation
service
providers
shall
ensure
that
the 6. Member
States
shall
ensure
that
new
State
aircraft
entering
procedures applicable to aircraft equipped with radios having
into service from 1 January 2014 are equipped with radios
the 8,33 kHz channel spacing capability and to aircraft which
having the 8,33 kHz channel spacing capability.
are not equipped with such equipment are specified in the
letters of agreement between ATS units.
7. Member
States
shall
ensure
that
from
1
January
2014,
whenever the radios installed on-board the State aircraft are
subject to radio upgrades, the new radios have the 8,33 kHz
4. All
operators
and
agents
acting
on
their
behalf
shall channel spacing capability.
ensure that the letter Y is inserted in item 10 of the flight
plan for aircraft equipped with radios having the 8,33 kHz
channel spacing capability.
8. Member
States
shall
ensure
that
all
State
aircraft
are
equipped with radios having the 8,33 kHz channel spacing
capability by 31 December 2018 at the latest.
5. Operators
and
agents
acting
on
their
behalf
shall
ensure
that when planning to fly in airspace requiring the carriage of
radios with the 8,33 kHz channel spacing capability, the appro
9. Without prejudice to national procedures for the
priate indicator is included in the flight plan for aircraft not
communication of information on State aircraft, Member
equipped but which have been granted exemption from the
States shall communicate to the Commission by 30 June
mandatory carriage of equipment.
2018 at the latest the list of State aircraft that cannot be
equipped with radios having the 8,33 kHz channel spacing
capability in accordance with paragraph 8 due to:
6. In the case of a change in the 8,33 kHz channel spacing
capability status for a flight, the operators or the agents acting
(a) compelling technical or budgetary constraints;
on their behalf shall send a modification message to IFPS with
the appropriate indicator inserted in the relevant item.
(b) procurement constraints.
7. The
Network
Manager
shall
ensure
that
IFPS
processes
and
distributes the information on the 8,33 kHz channel spacing
10. Where
procurement
constraints
prevent
compliance
with
capability received in the flight plans.
paragraph 8, Member States shall also provide to the
Commission by 30 June 2018 at the latest the date by which
the aircraft concerned will be equipped with radios having the
Article 9
8,33 kHz channel spacing capability. That date shall not be later
than 31 December 2020.
Arrangements for State aircraft
1. Member
States
shall
ensure
that
transport-type
State
11. Paragraph
8
shall
not
apply
in
respect
of
State
aircraft
aircraft operating flights above FL 195 are equipped with
that will be withdrawn from operational service by 31 December
radios having the 8,33 kHz channel spacing capability.
2025.

---

EN
17.11.2012 Official
Journal
of
the
European
Union L
320/19
12. Air
traffic
service
providers
shall
ensure
that
State
aircraft referred to in Article 2(1). The verification shall be conducted in
not equipped with radios having the 8,33 kHz channel spacing
compliance with the requirements set out in Annex IV, Part D.
capability can be accommodated, provided that they can be
safely handled within the capacity limits of the air traffic
management system on UHF or 25 kHz frequency assignments.
3. Where
a
certificate
issued
in
accordance
with
Regulation
(EC) No 216/2008 applies to systems, it shall be considered as
an EC declaration of verification if it includes a demonstration
13. Member
States
shall
publish
procedures
for
the
handling of compliance with the applicable interoperability, performance
of State aircraft which are not equipped with radios having the
and safety requirements of this Regulation.
8,33 kHz channel spacing capability in their national aero
nautical information publications.
Article 13
Additional requirements
14. Air
traffic
service
providers
shall
communicate
to
the
Member State that has designated them on an annual basis,
1. Member States shall ensure that all relevant stakeholders
their plans for the handling of State aircraft which are not
are made duly aware of the requirements laid down in this
equipped with radios having the 8,33 kHz channel spacing
Regulation and that they are adequately trained for their job
capability, taking into account the capacity limits associated
functions.
with the procedures referred to in paragraph 13.
2. The
Network
Manager
shall
ensure
that
the
personnel
Article 10
operating the IFPS involved in flight planning are made duly
aware of the requirements laid down in this Regulation and that
Safety requirements
they are adequately trained for their job functions.
Member States shall take the necessary measures to ensure that
any changes to the existing systems referred to in Article 2(1) or
3. Air
navigation
service
providers
shall:
the introduction of new systems, are preceded by a safety
assessment, including hazard identification, risk assessment
(a) develop and maintain operations manuals containing the
and mitigation, conducted by the parties concerned. During
necessary instructions and information to enable all their
this safety assessment, the requirements specified in Annex III
relevant personnel to apply this Regulation;
shall be taken into consideration as a minimum.
(b) ensure that the manuals referred to in point (a) are
Article 11
accessible and kept up to date and that their update and
Conformity or suitability for use of constituents
distribution are subject to appropriate quality and documen
tation management;
1. Before
issuing
an
EC
declaration
of
conformity
or
suit
ability for use pursuant to Article 5 of Regulation (EC) No
552/2004, manufacturers of constituents of the systems
(c) ensure that the working methods and operating procedures
referred to in Article 2(1) of this Regulation shall assess the
comply with this Regulation.
conformity or suitability for use of these constituents in
compliance with the requirements set out in Annex IV, Part
4. The
Network
Manager
shall
ensure
that
the
centralised
A, to this Regulation.
flight planning processing and distribution service:
2. Where
a
certificate
issued
in
accordance
with
Regulation (a) develops and maintains operations manuals containing the
(EC) No 216/2008 of the European Parliament and of the
necessary instructions and information to enable all relevant
Council ( 1 ) applies to constituents, it shall be considered as an
personnel to apply this Regulation;
EC declaration of conformity or suitability for use if it includes
a demonstration of compliance with the applicable interoper
(b) ensures that the manuals referred to in point (a) are
ability, performance and safety requirements of this Regulation.
accessible and kept up to date and that their update and
distribution are subject to appropriate quality and documen
Article 12
tation management;
Verification of systems
(c) ensures that its working methods and operating procedures
1. Air
navigation
service
providers
which
can
demonstrate
or
comply with this Regulation.
have demonstrated to their national supervisory authority that
they fulfil the conditions set out in Annex V shall conduct a
5. Operators
shall
ensure
that
the
personnel
operating
radio
verification of the systems referred to in Article 2(1) in
equipment are made duly aware of this Regulation, that they are
compliance with the requirements set out in Annex IV, Part C.
adequately trained to use this equipment and that instructions
are available in the cockpit where feasible.
2. Air
navigation
service
providers
which
cannot
demon
strate that they fulfil the conditions set out in Annex V shall
6. Member
States
shall
take
the
necessary
measures
to
ensure
subcontract to a notified body a verification of the systems
compliance with this Regulation including the publication of
relevant information in the national aeronautical information
( 1 ) OJ L 79, 19.3.2008, p. 1.
publications.

---

L 320/20
EN
Official Journal of the European Union
17.11.2012
Article 14
4. Within
six
months
from
receipt
of
detailed
information
from the Member States pursuant to paragraph 3 and after
Exemptions
consultation with the Network Manager, the Commission may
1. In the framework of the first paragraph of Article 4 of
review any exemption granted pursuant to paragraph 2 if the
Commission Regulation (EC) No 730/2006 ( 1 ), Member States
impact on the network is not limited.
may issue temporary derogations from airborne carriage
obligations laid down in Article 5(1) of this Regulation for
Article 15
flights operated under visual flight rules.
Repeal
2. Member States may take local measures granting
Regulation (EC) No 1265/2007 is repealed.
exemptions from the compliance with Articles 4(5), 5(4) and
6(10) for cases having limited impact on the network.
Article 16
3. Member
States
taking
the
local
measures
referred
to
in
Entry into force
paragraph 2, shall provide the Commission with detailed
information justifying the need for exemptions at the latest:
This Regulation shall enter into force on the twentieth day
one year before the dates identified in Articles 4(5), 5(4) and
following that of its publication in the Official Journal of the
6(10).
European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 16 November 2012.
For the Commission
The President
José Manuel BARROSO
( 1 ) OJ L 128, 16.5.2006, p. 3.
ANNEX I
Member States referred to in Articles 5 and 6
The Member States referred to in Articles 5(2), 6(3), 6(5) and 6(8) are the following:
— Germany,
— Ireland,
— France,
— Italy,
— Luxembourg,
— Hungary,
— Netherlands,
— Austria,
— United Kingdom.

---

EN
17.11.2012 Official
Journal
of
the
European
Union L
320/21
ANNEX II
ICAO provisions referred to in Articles 4 and 8
1. Chapter 2 ‘Aeronautical Mobile Service’, Section 2.1 ‘Air-ground VHF communication system characteristics’ and
Section 2.2 ‘System characteristics of the ground installations’ of Annex 10 to the Chicago Convention, Volume
III, Part 2 (Second Edition — July 2007 incorporating Amendment No 85).
2. Chapter 2 ‘Aeronautical Mobile Service’, Section 2.1 ‘Air-ground VHF communication system characteristics’, Section
2.3.1 ‘Transmitting function’ and Section 2.3.2 ‘Receiving function’ excluding Subsection 2.3.2.8 ‘VDL — Interference
Immunity Performance’ of Annex 10 to the Chicago Convention, Volume III, Part 2 (Second Edition — July 2007
incorporating Amendment No 85).
3. Section 12.3.1.4 ‘8,33 kHz channel spacing’ of ICAO PANS-ATM Doc. 4444 (15th Edition – 2007 incorporating
Amendment No 2).
ANNEX III
Requirements referred to in Article 10, to be taken into consideration during the safety assessment
1. The interoperability and performance requirements set out in Articles 4(6), 4(7), 4(8), 7(1) and 7(2) shall be taken into
consideration during the safety assessment.
2. The associated procedures requirements set out in Article 8 shall be taken into consideration during the safety
assessment.
3. The State aircraft arrangements set out in Article 9(13) and (14) shall be taken into consideration during the safety
assessment.
4. The requirements supporting compliance set out in Article 13(1), (2), (5) and (6) shall be taken into consideration
during the safety assessment.
5. Member States shall ensure that when a frequency assignment is to be converted to 8,33 kHz channel spacing, the
new frequency assignment is tested for a trial period of an appropriate duration, during which time safe operation is
verified, prior to registration in the central register.
6. Member States shall ensure that conversions to 8,33 kHz channel spacing are made considering the ICAO guidance
material on frequency planning criteria as described in Part II — ‘VHF Air-Ground Communications Frequency
Assignment Planning Criteria’ of the EUR Frequency Management Manual — ICAO EUR Doc. 011.
7. Air navigation service providers shall ensure that procedures for handling non-8,33 kHz equipped aircraft operating in
airspace requiring the carriage of radios with the 8,33 kHz channel spacing capability are published and applied as
appropriate.
8. Air navigation service providers and/or airport operators shall ensure that procedures for handling non-8,33 kHz
equipped vehicles through airport areas using 8,33 kHz channel spacing are published and applied as appropriate.
9. Member States which convert frequency assignments to 8,33 kHz channel spacing in any part of their airspace shall:
(a) ensure that operators of aircraft operating in such airspace are informed that these aircraft must be equipped with
radios having the 8,33 kHz channel spacing capability;
(b) ensure that appropriate training is provided to flight crew members that use 25 kHz radios in airspace where the
carriage of radios having the 8,33 kHz channel spacing capability is required, as specified in Article 2(5);
(c) perform a local safety assessment prior to the conversion that takes into account all the traffic expected to cross
that airspace and the potential issues arising from the voice communication system in operation in all surrounding
airspace.

---

L 320/22
EN
Official Journal of the European Union
17.11.2012
ANNEX IV
PART A
Requirements for the assessment of the conformity or suitability for use of constituents referred to in Article 11
1. The verification activities shall demonstrate the conformity of constituents or their suitability for use in accordance
with the performance requirements of this Regulation whilst these constituents are in operation in the test
environment.
2. The application by the manufacturer of the module described in Part B shall be considered as an appropriate
conformity assessment procedure to ensure and declare the compliance of constituents. Equivalent or more
stringent procedures are also authorised.
PART B
Internal production control module
1. This module describes the procedure whereby the manufacturer or his authorised representative established within the
Union who carries out the obligations laid down in point 2, ensures, and declares that the constituents concerned
satisfy the requirements of this Regulation. The manufacturer or his authorised representative established within the
Union must draw up a written declaration of conformity or suitability for use in accordance with point 3 of Annex III
to Regulation (EC) No 552/2004.
2. The manufacturer must establish the technical documentation described in point 4. He or his authorised representative
established within the Union must keep the documentation at the disposal of the relevant national supervisory
authorities for inspection purposes and at the disposal of the air navigation service providers that integrate these
constituents in their systems, for a period ending at least 10 years after the last constituent has been manufactured.
The manufacturer or his authorised representative established within the Union shall inform the Member States where
and how the above technical documentation is available.
3. Where the manufacturer is not established within the Union, he shall designate the person(s) who place(s) the
constituents on the Union market. These person(s) shall inform the Member States where and how the technical
documentation can be made available.
4. Technical documentation must demonstrate the conformity of the constituents with the requirements of this Regu
lation. It must, as far as relevant for the assessment, cover the design, manufacture and operation of the constituents.
5. The manufacturer or his authorised representative must keep a copy of the declaration of conformity or suitability for
use with the technical documentation.
PART C
Requirements for the verification of systems referred to in Article 12(1)
1. The verification of systems identified in Article 2(1) shall demonstrate the conformity of these systems with the
interoperability, performance and safety requirements of this Regulation in an assessment environment that reflects the
operational context of these systems. In particular:
— the verification of communication systems shall demonstrate that 8,33 kHz channel spacing is in use for voice
communications in accordance with Article 4 and that the performance of the 8,33 kHz voice communication
systems complies with Article 4(7),
— the verification of systems for flight data processing shall demonstrate that the functionality described in
Article 7(2) is properly implemented.
2. The verification of systems identified in Article 2(1) shall be conducted in accordance with appropriate and recognised
testing practices.
3. Test tools used for the verification of systems identified in Article 2(1) shall have appropriate functionalities.
4. The verification of systems identified in Article 2(1) shall produce the elements of the technical file required by point 3
of Annex IV to Regulation (EC) No 552/2004 including the following elements:
— description of the implementation,
— the report of inspections and tests achieved before putting the system into service.
5. The air navigation service provider shall manage the verification activities and shall in particular:
— determine the appropriate operational and technical assessment environment reflecting the operational
environment,
— verify that the test plan describes the integration of systems identified in Article 2(1) in an operational and
technical assessment environment,

---

EN
17.11.2012 Official
Journal
of
the
European
Union L
320/23
— verify that the test plan provides full coverage of the applicable interoperability, performance and safety
requirements of this Regulation,
— ensure the consistency and quality of the technical documentation and the test plan,
— plan the test organisation, staff, installation and configuration of the test platform,
— perform the inspections and tests as specified in the test plan,
— write the report presenting the results of inspections and tests.
6. The air navigation service provider shall ensure that the systems identified in Article 2(1) operated in an operational
assessment environment meet the interoperability, performance and safety requirements of this Regulation.
7. Upon satisfying completion of verification of compliance, air navigation service providers shall draw up the EC
declaration of verification of system and submit it to the national supervisory authority together with the technical
file as required by Article 6 of Regulation (EC) No 552/2004.
PART D
Requirements for the verification of systems referred to in Article 12(2)
1. The verification of systems identified in Article 2(1) shall demonstrate the conformity of these systems with the
interoperability, performance and safety requirements of this Regulation in an assessment environment that reflects the
operational context of these systems. In particular:
— the verification of communication systems shall demonstrate that 8,33 kHz channel spacing is in use for voice
communications in accordance with Article 4 and that the performance of the 8,33 kHz voice communication
systems complies with Article 4(7),
— the verification of systems for flight data processing shall demonstrate that the functionality described in
Article 7(2) is properly implemented.
2. The verification of systems identified in Article 2(1) shall be conducted in accordance with appropriate and recognised
testing practices.
3. Test tools used for the verification of systems identified in Article 2(1) shall have appropriate functionalities.
4. The verification of systems identified in Article 2(1) shall produce the elements of the technical file required by point 3
of Annex IV to Regulation (EC) No 552/2004 including the following elements:
— description of the implementation,
— the report of inspections and tests achieved before putting the system into service.
5. The air navigation service provider shall determine the appropriate operational and technical assessment environment
reflecting the operational environment and shall have verification activities performed by a notified body.
6. The notified body shall manage the verification activities and shall in particular:
— verify that the test plan describes the integration of systems identified in Article 2(1) in an operational and
technical assessment environment,
— verify that the test plan provides full coverage of the applicable interoperability, performance and safety
requirements of this Regulation,
— ensure the consistency and quality of the technical documentation and the test plan,
— plan the test organisation, staff, installation and configuration of the test platform,
— perform the inspections and tests as specified in the test plan,
— write the report presenting the results of inspections and tests.
7. The notified body shall ensure that the systems identified in Article 2(1) operated in an operational assessment
environment meet the interoperability, performance and safety requirements of this Regulation.
8. Upon satisfying completion of verification tasks, the notified body shall draw up a certificate of conformity in relation
to the tasks it carried out.
9. Then, the air navigation service provider shall draw up the EC declaration of verification of system and submit it to the
national supervisory authority together with the technical file as required by Article 6 of Regulation (EC) No
552/2004.

---

L 320/24
EN
Official Journal of the European Union
17.11.2012
ANNEX V
Conditions referred to in Article 12
1. The air navigation service provider must have in place reporting methods within the organisation which ensure and
demonstrate impartiality and independence of judgement in relation to the verification activities.
2. The air navigation service provider must ensure that the personnel involved in verification processes carry out the
checks with the greatest possible professional integrity and the greatest possible technical competence and are free of
any pressure and incentive, in particular of a financial type, which could affect their judgement or the results of their
checks, in particular from persons or groups of persons affected by the results of the checks.
3. The air navigation service provider must ensure that the personnel involved in verification processes have access to the
equipment that enables them to properly perform the required checks.
4. The air navigation service provider must ensure that the personnel involved in verification processes have sound
technical and vocational training, satisfactory knowledge of the requirements of the verifications they have to carry
out, adequate experience of such operations and the ability required to draw up the declarations, records and reports
to demonstrate that the verifications have been carried out.
5. The air navigation service provider must ensure that the personnel involved in verification processes are able to
perform their checks with impartiality. Their remuneration shall not depend on the number of checks carried out, or
on the results of such checks.

---

Document Outline

• �

---