(1)

In accordance with Article 140(2) of Regulation (EU) 2018/1139, the implementing rules adopted on the basis of the repealed Regulation (EC) No 552/2004 of the European Parliament and of the Council (2) are to be adapted to the provisions of Regulation (EU) 2018/1139, not later than 12 September 2023.

(2)

Operating procedures for the use of airspace and the required aircraft equipment should be uniformly applied within the Single European Sky airspace in compliance with the essential requirements set out in point 1 of Annex VIII to Regulation (EU) 2018/1139, for the achievement of interoperability and safe operations. Those requirements therefore should be imposed on operators of aircraft when they fly into, within, or out of the Single European Sky airspace.

(3)

In order to ensure the continuity of aircraft operations with equipped Communication, Navigation, and Surveillance capabilities for the use of the Single European Sky airspace, this Regulation should be based on the relevant implementing rules adopted on the basis of Regulation (EC) No 552/2004 with necessary adaptations.

(4)

In particular, Commission Regulation (EC) No 29/2009 (3), Implementing Regulations (EU) No 1206/2011 (4), (EU) No 1207/2011 (5) and (EU) No 1079/2012 (6) address detailed provisions concerning the operating rules related to the use of airspace and aircraft equipment. Regulation (EC) No 29/2009 and Implementing Regulations (EU) No 1206/2011, (EU) No 1207/2011 and (EU) No 1079/2012 should therefore be repealed.

(5)

Whenever possible, the existing requirements stemming from those Regulations should be replicated in this Regulation in order to respect the legitimate expectations of aircraft operators and ATM/ANS providers affected by those requirements.

(6)

It is appropriate that those requirements continue to apply to aircraft operators that operate as general air traffic in the Single European Sky airspace, during all phases of flight and in the movement area of an aerodrome, with the exception of aircraft referred to in Article 2(3), point (a), of Regulation (EU) 2018/1139. Member States should be responsible for ensuring that operations of these aircraft have due regard for the safety of navigation of all other aircraft. Member States may, however, decide to apply this Regulation to those aircraft.

(7)

In line with the scope of Regulation (EC) No 29/2009, this Regulation should provide for the same exceptions to datalink requirements as granted under Commission Implementing Decision (EU) 2019/2012 (7).

(8)

Article 14(2) of Implementing Regulation (EU) No 1079/2012 provided for exemptions from the obligation to operate an aircraft where radio is required with its radio equipment having 8,33 kHz channel spacing capability. This Regulation should not alter the existing exemptions.

(9)

The development of requirements in this Regulation have taken due account of the content of the ATM Master Plan and the communication, navigation and surveillance capabilities contained in it.

(10)

With its Opinion 01/2023, the European Union Aviation Safety Agency has prepared and submitted to the Commission draft implementing rules in accordance with Article 75(2), points (b) and (c), and Article 76(1) of Regulation (EU) 2018/1139.

(11)

The measures provided for in this Regulation are in accordance with the opinion of the committee established in accordance with Article 127 of Regulation (EU) 2018/1139,

(1)

‘air traffic control unit’ (ATC unit) means a generic term meaning variously, area control centre, approach control unit, or aerodrome control tower;

(2)

‘data link service’ means a set of related air traffic management transactions, supported by air–ground data link communications, which have a clearly defined operational goal and which begin and end on an operational event;

(3)

‘offset carrier operation’ means a case where the designated operational coverage cannot be ensured by a single ground transmitter, and where the signals from two or more ground transmitters are offset from the nominal channel centre frequency in order to minimise interference problems.