Stage: Final Publications

Regulatory Agency Final Publications

Commission Regulation EU 2020/587 Amending IR EU No 1206/2011 and 1207/2011 for interoperability of surveillance for the single European sky

COMMISSION IMPLEMENTING REGULATION (EU) 2020/587
of 29 April 2020
amending Implementing Regulation (EU) No 1206/2011 laying down requirements on aircraft identification for surveillance for the single European sky and Implementing Regulation (EU) No 1207/2011 laying down requirements for the performance and the interoperability of surveillance for the single European sky
(Text with EEA relevance)

THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EU) 2018/1139 of the European Parliament and of the Council of 4 July 2018 on common rules in the field of civil aviation and establishing a European Union Aviation Safety Agency, and amending Regulations (EC) No 2111/2005, (EC) No 1008/2008, (EU) No 996/2010, (EU) No 376/2014 and Directives 2014/30/EU and 2014/53/EU of the European Parliament and of the Council, and repealing Regulations (EC) No 552/2004 and (EC) No 216/2008 of the European Parliament and of the Council and Council Regulation (EEC) No 3922/91(1), and in particular point (a) of Article 44(1) thereof,

Whereas:

(1) In order to ensure safe and efficient operations of aircraft, aerodromes, air traffic management, air navigation and of the European air traffic management network, it is necessary to provide for certain improvements to the operating rules related to the use of airspace, aircraft equipment and air traffic management and air navigation services systems and their constituents required for the use of airspace. New and updated safety-related interoperability requirements should therefore be set out in Commission Implementing Regulation (EU) No 1206/2011

(2) and Commission Implementing Regulation (EU) No 1207/2011(3). (2) Taking into account the experiences from the ongoing implementation of airborne surveillance capability and the capability of the ground systems to process data, effective and timely installation of aircraft equipment is necessary to enable the full surveillance chain to achieve the expected benefits within the established deadlines. The criteria for exemptions from the requirements to equip aircraft should be amended to provide clarity as to which aircraft are to be equipped and which ones are to benefit of an exemption from those requirements. At the same time, the overall number of aircraft equipped should remain effective and should not impose an undue economic burden.

(3) A significant number of equipped aircraft is already certified in line with the international standard for airborne parts and appliances for the surveillance systems, corresponding to Annex 10 to the Chicago Convention, Volume IV, Third Edition, including all amendments up to No 77. That standard is fully compatible with the anticipated surveillance systems. Mandating the use of the standard corresponding to Annex 10 to the Chicago Convention, Volume IV, Fourth Edition including all amendments up to No 85 as currently provided in Annex II to Implementing Regulation (EU) No 1207/2011 would impose an undue economic burden. Therefore, the standard corresponding to Annex 10 to the Chicago Convention, Volume IV, Third Edition including all amendments up to No 77 should be considered as the minimum requirement. Therefore, the minimum technical standards to which aircraft operators are to comply laid down in Implementing Regulation (EU) No 1207/2011 should be amended.

(4) State aircraft operating as general air traffic should be equipped with serviceable secondary surveillance radar transponders in line with the requirements applicable to civil aircraft laid out in points (a) and (c) of Article 5(5) of Implementing Regulation (EU) No 1207/2011. The procedures and conditions related to state aircraft that cannot be equipped with serviceable secondary surveillance radar transponders should remain those laid out in Article 8 of Implementing Regulation (EU) No 1207/2011.

(5) The requirements for the formal arrangements on transferring surveillance data between air navigation service providers should be amended to reflect existing data distribution scenarios to facilitate exchange of surveillance data and to avoid excessive onerous constraints on the delivering provider.

(6) In order to ensure the effectiveness of State aircraft operations, the ability of the European ATM system to ensure that those State aircraft engaged in sensitive operations and training are able to operate with the assignment of discrete SSR codes should be established and therefore Implementing Regulation (EU) No 1206/2011 should be amended accordingly.

(7) The outbreak of the pandemic of Covid-19 virus and the resulting impact on the aviation sector has led to unforeseeable obstacles for aircraft operators to pursue their activities to bring the aircraft in compliance with certain requirements of Implementing Regulation (EU) No 1207/2011. As a result, the deadline for aircraft operators laid out in Article 5(5), Article 8(1) and Article 8(2) of Implementing Regulation (EU) No 1207/2011 should be postponed to 7 December 2020, and Implementing Regulation (EU) No 1207/2011 should be amended accordingly.

(8) Implementing Regulation (EU) No 1206/2011 and Implementing Regulation (EU) No 1207/2011 should therefore be amended accordingly.

(9) The measures provided for in this Regulation are in accordance with the opinion of the Committee referred to in Article 127(1) of Regulation (EU) 2018/1139.

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29/04/2020
The coronavirus crisis has made it necessary to reconsider the upcoming 7 June 2020 deadline to equip aircraft with Automatic Dependent Surveillance – Broadcast (ADS-B). This surveillance technology makes it possible to periodically broadcast aircraft information, such as identity, speed or position, derived from on-board systems (e.g. determined via satellite), thus enabling the aircraft to be tracked from the ground for surveillance purposes. This technology modernises ground surveillance systems, with the potential to rationalise the European radars network.

As a relief measure to airlines, the Commission amended Regulation 1207/2011 on 29 April 2020 in order to postpone this deadline by 6 months, to 7 December 2020. In addition to the transition period introduced in the amended Regulation, this change will provide aircraft operators that had planned to retrofit their aircraft between now and June, more time to do so, or to put in place an appropriate retrofit programme.

Details on the revised mandate for the ADS-B technology can be found at: https://ads-b-europe.eu/

https://eur-lex.europa.eu/legal-content/EN/AUTO/?uri=CELEX:32020R0587

Draft

https://ec.europa.eu/info/law/better-regulation/initiatives/ares-2019-7642615_en

Opinion 06/2019 Amendment of Regulation (EC) No 29/2009 laying down requirements on data link services for the SES: Update of references — ED-120

The objective of this Opinion is to provide regulatory clarity and alignment with the latest ICAO documents and industry standards on the operational usage of Downlink Message (DM) 89 ‘MONITORING’, while ensuring a negligible impact on data link installations that already comply with Commission Regulation (EC) No 29/2009.

This Opinion updates the reference to EUROCAE ED-120 ‘Safety and Performance Requirements Standard For Initial Air Traffic Data Link Services In Continental Airspace’ within Annex III to Commission Regulation (EC) No 29/2009 on data link services (DLS) to take into account the recent ED-120 Change 3. Change 3 removed the use of DM 89 ‘MONITORING’, thus aligning the operational approaches for ‘Air Traffic Data Link Services in Continental Airspace’ as specified in ED-120 with those published within the latest EUROCAE B2 data link standards and the ICAO Global Operational Data Link (GOLD) Manual.

In addition to reflecting in Commission Regulation (EC) No 29/2009 the updated ED-120, including Change 1, Change 2 and Change 3, this Opinion also permits the option for the use of ED-120, including Change 1 and Change 2. However, the option is only proposed to be applicable for aircraft operators to provide flexibility, while for ATS providers this proposal ensures alignment with the recommendations stemming from various documents to remove the use of DM 89 ‘MONITORING’. Therefore, for ATS providers the proposal is to refer to the latest ED-120 standard, including Change 1, Change 2 and Change 3.

This Opinion has no negative impact on the existing ground and airborne data link installations that currently comply with Commission Regulation (EC) No 29/2009.

Draft Decision Extension of Compliance with CS-FSTD(A) Issue 2 for Air Operators

Dear FS.TEC members,

As indicated with the below email, the ED Decision 2020/013/R deferring the applicability of CS-FSTD(A) Issue 2 to operator UPRT until 31 March 2021 has been published today.

It can be found under this link:

https://www.easa.europa.eu/document-library/agency-decisions/ed-decision-2020013r

Best regards,

Air Operations Team

Air Operations Department

European Union Aviation Safety Agency

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EASA special rulemaking procedure: Consultation of draft Decision – (Operator UPRT in accordance with CS-FSTD(A) Issue 2)’ (RMT.0581)

Dear Members of the Air Ops TeB and the FS.TEC,
EASA has taken the decision to follow the procedure laid down in Article 15 of MB Decision No 18-2015, as this regulatory proposal addresses an issue which has been already widely consulted through a survey by EASA in October 2019 as well as during a discussion at the EASA committee meeting on 24 October 2019.
You are kindly invited to comment on the draft Decision titled:
‘Loss of control prevention and recovery training (Operator UPRT in accordance with CS-FSTD(A) Issue 2) (Operator UPRT in accordance with CS-FSTD(A) Issue 2)’
Please submit your comments via email to fcl@easa.europa.eu, using the subject ‘UPRT’, by 4 December 2019. If received after this deadline, they might not be taken into account.

Yours faithfully,
[approved by]
Jesper RASMUSSEN

Commission Implementing Decision (EU) 2019/2012 for Data Link Services Exempted Aircraft

THE EUROPEAN COMMISSION, Having regard to the Treaty on the Functioning of the European Union, Having regard to Regulation (EU) 2018/1139 of the European Parliament and of the Council of 4 July 2018 on common rules in the field of civil aviation and establishing a European Union Aviation Safety Agency, and amending Regulations (EC) No 2111/2005, (EC) No 1008/2008, (EU) No 996/2010, (EU) No 376/2014 and Directives 2014/30/EU and 2014/53/EU of the European Parliament and of the Council, and repealing Regulations (EC) No 552/2004 and (EC) No 216/2008 of the European Parliament and of the Council and Council Regulation (EEC) No 3922/91 (1), and in particular point (a) of Article 44(1) thereof, Having regard to Commission Regulation (EC) No 29/2009 of 16 January 2009 laying down requirements on data link services for the single European sky (2), and in particular Article 14 thereof, Whereas: (1) Under Article 14 of its Regulation (EC) No 29/2009, the Commission is to examine requests submitted by the Member States for exemptions from the requirements of Article 3(2) for aircraft types/models combinations reaching the end of their production life and being produced in limited numbers and for aircraft types/models combinations for which re-engineering costs would be disproportionate due to old design. (2) The exemptions should maintain the objective laid down in recital (8) of Regulation (EC) No 29/2009 that at least 75 % of flights should be equipped with data link capability. (3) The Commission received Member States’ requests for exemptions and consulted the parties concerned. Following the examination of those requests carried out by the Commission on the basis of the criteria set out in Article 14(3) of Regulation (EC) No 29/2009, exemptions should be granted. (4) The Commission re-examined the exemptions granted under Commission Decision C(2011) 2611 final of 20 May 2011 on exemptions under Article 14 of Regulation (EC) No 29/2009 and Commission Implementing Decision C (2011) 9074 final of 9 December 2011 on exemptions under Article 14 of Regulation (EC) No 29/2009 on the basis of the criteria set out in Article 14(3) of Regulation (EC) No 29/2009. After consulting the parties concerned, the Commission found there was a need to consolidate those acts into a single Implementing Decision. Therefore, Decision C(2011) 2611 final and Implementing Decision C(2011) 9074 final should be repealed. (5) The measures provided for in this Decision are in accordance with the opinion of the Committee referred to in Article 127(1) of Regulation (EU) 2018/1139,

Article 1 The following aircraft types/models combinations shall be permanently exempted from the requirements of Article 3(2) of Regulation (EC) No 29/2009: (a) aircraft types/models combinations specified in Annex I; (b) aircraft types/models combinations specified in Annex II having the first individual certificate of airworthiness issued prior to 5 February 2020.

Article 2 The following aircraft types/models combinations shall be exempted from the requirements of Article 3(2) of Regulation (EC) No 29/2009 until 5 February 2022: (a) aircraft types/models combinations specified in Annex II having the first individual certificate of airworthiness issued on or after 5 February 2020; (b) aircraft types/models combinations specified in Annex III. Article 3 Decision C(2011) 2611 final and Implementing Decision C(2011) 9074 final are repealed. Article 4 This Decision shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union. Done at Brussels, 29 November 2019. For the Commission The President Jean-Claude JUNCKER

FAA Notice N8900.529 Extended Unmanned Aircraft Systems Oversight

This notice outlines updated Unmanned Aircraft Systems (UAS)
surveillance requirements for Flight Standards District Offices (FSDO) to immediately
incorporate into their Fiscal Year (FY) 2020 National Work Program Guidelines (NPG) work
plans. It also provides guidance for doing the necessary analysis and coordination that either
trigger the requirements or help target the required activity

New Date: January 1, 2025 for CofA after January 1 2024 — ICAO and EASA Autonomous Distress Tracking for Aeroplanes above 27,000 kg (Required) and New above 5,700 kg (Recommended)

NOTE: The compliance date for the ADT requirement was extended at ICAO and also EASA.

The European Union Aviation Safety Agency (EASA) released Notice of Proposed Amendment (NPA) 2022-104, Postponement of the requirements for locating an aircraft in distress, to its advisory bodies for consultation earlier today. The NPA is being issued for a limited consultation with the agency’s advisory bodies until 24 August 2022. The EASA NPA is being issued in response to the International Civil Aviation Organization (ICAO) adoption of Amendment 48 to ICAO Annex 6, Part I, on July 18. GAMA is a member of EASA’s advisory bodies and welcomes feedback from member companies by Friday, August 19.

The proposed amendment would replace Commission Regulation (EU) No 965/2012, specifically CAT.GET.MPA.210, Location of an aircraft in distress – Aeroplanes, with the following text:

As of 1 January 2025, the following aeroplanes shall be equipped with robust and automatic means to accurately determine, following an accident during which the aeroplane is severely damaged, the location of the point of end of flight:

(a) all aeroplanes with an MCTOM of more than 27 000 kg, with an MOPSC of more than 19, and first issued with an individual CofA on or after 1 January 2024; and

(b) all aeroplanes with an MCTOM of more than 45 500 kg and first issued with an individual CofA on or after 1 January 2025.

The associated amendment to the ICAO Standards and Recommended Practices (SARP) adopted earlier this summer changed Section 6.18 of ICAO Annex 6 (Operation of Aircraft) Part I (International Commercial Air Transport – Aeroplanes) from an applicability to aeroplanes with an MCTOM of 27 000 kg with an individual certificate issued on or after 1 January 2023 to the following Standard:

6.18.1 As of 1 January 2025, all aeroplanes of a maximum certificated take-off mass of over 27 000 kg for which the individual certificate of airworthiness is first issued on or after 1 January 2024, shall autonomously transmit information from which a position can be determined by the operator at least once every minute, when in distress, in accordance with Appendix 9.

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NOTE: The compliance date for the GADDS requirement was extended by two years from January 1, 2021 until January 1, 2023

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Update on GADSS-Related Global Aircraft Tracking Initiatives
​March 2016

Normal Aircraft Tracking
On 10 November 2015, the ICAO Council adopted Amendment 39 to Annex 6 — Operation of Aircraft, Part I — International Commercial Air Transport — Aeroplanes which included the normal aircraft tracking Standards and Recommended Practices (SARPs). These SARPs became effective on 20 March 2016 and will be applicable on 8 November 2018. Amendment 39 will be issued in April 2016.

The normal aircraft tracking SARPs establish the air operator’s responsibility to track its aircraft throughout its area of operations. It establishes an aircraft-tracking time interval of 15 minutes whenever air traffic services obtain an aircraft’s position information at greater than 15-minute intervals for aeroplanes with a seating capacity greater than nineteen. This aircraft-tracking time interval further applies as a recommendation to all operations of aircraft with a take-off mass of 27 000 kg and as a requirement to all operations of aircraft with a take-off mass of 45 500 kg when flying over oceanic areas.

The SARPs also establish the requirements for data retention to assist search and rescue (SAR) in determining the last known position of the aircraft. Finally, the SARPs establish when an air operator needs to report missing aircraft position information.

Location of an aeroplane in distress (ADT – Autonomous Distress Tracking)

On 2 March 2016, the ICAO Council adopted Amendment 40 to Annex 6, Part I which included, among other elements, SARPs relating to the location of an aeroplane in distress. These SARPs address the Global Aeronautical Distress Safety System (GADSS) autonomous distress tracking (ADT) concept. The SARPs will become effective on 11 July 2016 and will be applicable on 1 January 2021. Amendment 40 will be issued in July 2016.

The SARPs relating to the location of an aeroplane in distress establish the requirement for an aeroplane to autonomously transmit information from which a position can be determined at least once every minute when in a distress condition. An aircraft is in a distress condition when it is in a state that, if the aircraft behaviour event is left uncorrected, could result in an accident. The SARPs are applicable to new aeroplanes with take-off mass greater than 27 000 kg from 1 January 2021. The requirement also recommends that it applies to new aeroplanes with take-off mass greater than 5 700 kg from the same date.

The SARPs specify that autonomous transmission of position information needs to be active when an aircraft is in a distress condition. This will provide a high probability of locating an accident site to within a 6 NM radius. It also specifies that the transmission can be activated manually. The SARP is not technology-specific and will allow for various solutions, including a triggered transmission system. It specifies performance criteria such as that the autonomous transmission of position information needs to be capable of transmitting the information in the event of aircraft electrical power loss, at least for the expected duration of the entire flight.

The SARP also establishes the requirements for making this information available to the relevant authorities such as SAR Regional Coordination Centers and air traffic services. Finally, although these SARPs apply only to newly manufactured aircraft, there is an incentive to retrofit aeroplanes with ADT systems since they can replace one of two required emergency locator transmitters (ELT).

Ongoing work
The above-mentioned adopted SARPs (Amendments 39 and 40) provide clarity on the information that will be available when they become applicable. ICAO is now working on reviewing procedures for air navigation services (PANS), and possibly other Annexes, to ensure that the flow of information is well established by the time these new systems come online.

These SARPs will be available in the ICAO online store at http://store1.icao.int​ on the above mentioned issuance dates.

EASA CS-FSTD Issue 2 – Delay in Compliance to April 20 – 2020

Dear FS.TEC Members,

From 20 December 2019, certain recurrent training elements, in particular the UPRT related dynamic upset, high altitude stall events and icing effects training in an FSTD (FFS), need to be delivered on an FSTD updated to the relevant CS-FSTD(A) issue 2 specifications and referenced in the FSTD qualification certificate accordingly. However, after a written consultation to the Aircrew and Air Ops TeB made on 4th October 2019, it became clear that a large number of FSTDs have not yet been updated. Despite EASA’s efforts to support the implementation of the new requirements, many FSTDs operators appear to be late in the process and the unavailability of devices updated in time for the December deadline will adversely impact the delivery of mandatory UPRT training elements, with a risk to operational continuity. Those elements amount to approx. 15% of the total UPRT training footprint. The Agency remains convinced of the safety importance of UPRT but it is also forced to take note of the reduced implementation rate and the operational consequences thereof and would like to propose a pragmatic solution.

After carefully evaluating the situation, EASA informed the NAAs last Friday about a proposal to:
· Postpone until 20 April 2020 the requirement for FSTDs to be updated against CS-FSTD(A) issue 2 specifications as explained above; and
· Amend and clarify the Air Operations regulatory framework by introducing the CS-FSTD(A) issue 2 requirement in ORO.FC at AMC level.

EASA will now consult the relevant EASA advisory bodies in the coming weeks with a view to publish an ED Decision shortly before the December 2019 deadline.

Note that the requirement to use an FSTD qualified in accordance with the relevant CS FSTD (A) issue 2 specifications for will still be applicable to Part-FCL type rating trainings starting from 20th December 2019. For these cases, NAAs will need to rely on training limitations and/or exemptions on the ATO training courses on a case-by-case basis.

Best regards,

Olga Rando
Aircrew & Medical Coordination Assistant
European Aviation Safety Agency

Tel.: +49 221 89990-4340
Postal: Postfach 10 12 53, 50452 Cologne, Germany
An agency of the European Union