Regulation 1265/2007 - Air-Ground Voice Channel Spacing in SES
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This Regulation was repealed in 2012 and is no longer applicable
Commission Regulation (EC) No 1265/2007 of 26 October 2007 laying down requirements on air-ground voice channel spacing for the Single European Sky - text published in the Official Journal of the European Union
The objective of this Regulation is to ensure the coordinated introduction of air-ground voice communications based on 8,33 kHz channel spacing above flight level (FL) 195 in the European airspace.
The general framework of the Single European Sky (SES) needs to be completed by more specific and detailed implementing rules. The European Commission has adopted this regulation in order to support the implementation of the Interoperability regulation, which forms part of the first package of legislation on air traffic management designed to create the SES.
Due to difficulties in satisfying the demand for VHF assignments 8,33 kHz channel spacing was introduced above FL 245 in the ICAO EUR region in October 1999 following an ICAO decision. Furthermore, the traffic growth in the last few years led to the decision of the EUROCONTROL Permanent Commission to expand the 8,33 kHz airspace down to FL 195 as from 15 March 2007. It is considered that further expansion below FL 195 would be needed in due time, on the basis of proper operational, safety and economic impact assessment.
This Regulation applies to all flights operating as general air traffic (GAT) above FL 195, within the airspace of the ICAO EUR region where Member States are responsible for provision of air traffic services. However, Member States may issue derogations from the airborne carriage obligations laid down in this Regulation for flights operated under visual flight rules.
This Regulation applies to air-ground voice communications systems based on 8,33 kHz channel spacing, their constituents and associated procedures, and to flight data processing systems serving ATS units, their constituents and associated procedures.
The Regulation should not cover military operations and training.
Interoperability and Performance Requirements
By 15 March 2008 at the latest, aircraft operators shall equip their aircraft with radio equipment with 8,33 kHz channel spacing capability. In addition, radios shall be able to tune to 25 kHz spaced channels and to operate in an environment which uses offset-carrier frequencies.
By 3 July 2008 at the latest, air navigation service providers (ANSPs) shall convert all voice VHF assignments to 8,33 kHz channel spacing for all sectors with a lower level at or above FL 195. However, this requirement does not apply in respect of sectors where 25 kHz offset-carrier system is utilised.
Aircraft operators and ANSPs shall ensure that the performance of their 8,33 kHz voice communication systems, including the receivers and transmitters, comply with the ICAO standards referred to in Annex I of the Regulation. EUROCAE MOPS have been referred to as acceptable means of compliance with regard to the frequency stability, modulation, sensitivity, effective acceptance bandwidth and adjacent channel rejection requirements.
ANSPs shall implement the needed coordination messages and system support to ensure that up-to-date information about the 8,33 kHz capability of a flight is available at all times to the air traffic controllers concerned by this flight.
Aircraft operators and ANSPs shall ensure that their air-ground voice communication procedures are in accordance with the ICAO provisions referred to in Annex 1 of the Regulation and those explicitly specified in article 4 of the Regulation.
By 3 July 2008 at the latest, transport-type State aircraft shall be equipped with radio equipment with 8,33 kHz channel spacing capability. Any non-compliant aircraft shall be communicated by the State to the European Commission.
By 31 December 2009 at the latest, non-transport-type State aircraft shall be equipped with radio equipment with 8,33 kHz channel spacing. By 30 June 2009 at the latest, States shall communicate to the European Commission the non-transport-type State aircraft that will not be equipped with radio equipment
ANSPs shall ensure that the State aircraft not equipped with radio equipment with 8,33 KHz channel spacing capability can be accommodated on UHF or 25 kHz VHF assignments, provided that they can be safely handled.
Any changes to the existing systems included in the scope of the regulation or the introduction of new systems shall be preceded by a safety assessment, including hazard identification, risk assessment and mitigation, conducted by the parties concerned. A number of specific safety requirements, provided in Annex II of the Regulation, shall be taken into consideration in the safety assessment.
Conformity Assessment and Verification of Systems
The manufacturers of constituents of the systems included in the scope of this Regulation shall assess the conformity or suitability for use of these constituents in compliance with the requirements set out in Annex III, Part A of the Regulation. Certification airworthiness processes applied to airborne system constituents, shall be considered as acceptable procedures for conformity assessment if they comply with Regulation (EC) No 1592/2002 and include the demonstration of compliance with the interoperability, performance and safety requirements of this Regulation.
ANSPs shall conduct a verification of the ground-based systems included in the scope of this Regulation in compliance with the requirements set out in Annex III, Part C of the Regulation. To be entitled to do that, the ANSP need to demonstrate that they fulfil the conditions set out in Annex IV of the Regulation.
ANSPs which cannot demonstrate that they fulfil the conditions set out in Annex IV of the Regulation shall subcontract the verification to a notified body. The notified body shall conduct the verification in compliance with the requirements set out in Annex III, Part D of the Regulation.
EU Member States shall take any necessary measure to ensure that the IFPS and ANSPs develop and maintain operations manuals containing the necessary instructions and information to enable all related personnel to apply this Regulation. Operations manuals shall be kept up-to-date and be subject to appropriate quality and configuration control. Operations personnel shall be made duly aware of the relevant provisions and adequately trained for their job functions.
Aircraft operators shall ensure that the personnel operating radio equipment are made duly aware of the provisions of this Regulation; that they are adequately trained to use this equipment and that instructions are available in the cockpit where feasible.
Entry into Force and Repeal
This Regulation entered into force in November 2007 and was replaced and repealed in 2012 by Regulation 1079/2012 - Requirements for Voice Channels Spacing for the SES.