Commission Implementing Regulation (EU) 2023/1771 of 12 September 2023 amending Implementing Regulation (EU) 2017/373 as regards air traffic management and air navigation services systems and constituents and repealing Regulations (EC) No 1032/2006, (EC) No 633/2007 and (EC) No 262/2009

Implementing Regulation (EU) 2017/373 is amended as follows:

1. Article 2 is amended as follows:

   1. point (3) is replaced by the following:

      1. “Network Manager” means the body entrusted with the tasks necessary for the execution of the functions referred to in Article 6 of Regulation (EC) No 551/2004;’;

   2. the following points (9), (10), (11), (12) and (13) are added:

      1. “Mode S interrogator” means a system, composed of antenna and electronics, which supports the addressing of individual aircraft through the Mode Select (“Mode S”);

      2. “eligible Mode S interrogator” means a Mode S interrogator for which at least one of the following conditions is satisfied:

         1. the interrogator relies, at least partly, on Mode S all call interrogations and replies for Mode S targets acquisition;

         2. the interrogator locks out acquired Mode S targets in reply to Mode S all call interrogations, permanently or intermittently, in part or the totality of its coverage; or

         3. the interrogator uses multisite communications protocols for data link applications;

      3. “Mode S operator” means a person, organisation or enterprise that operates or offers to operate a Mode S interrogator, including:

         1. surveillance service providers;

         2. Mode S interrogator manufacturers;

         3. aerodrome operators;

         4. research establishments;

         5. any other entity entitled to operate a Mode S interrogator;

      4. “harmful interference” means interference that prevents the performance requirements from being achieved;

      5. “interrogator code allocation plan” means the most recently approved complete set of interrogator code allocations.’;

2. in Article 3, the following paragraph 6a is inserted:

   ‘6a.

   Member States shall ensure that the use of a ground-based transmitter operated in their territory does not produce harmful interference on other surveillance systems.’

   ;

3. the following Articles 3e and 3f are inserted:

   1.

   Member States shall ensure that changes to the allocation of an interrogator code resulting from an update to the interrogator code allocation plan are communicated to the relevant Mode S operators under their authority within 14 calendar days from the day of receipt of the updated interrogator code allocation plan.

   2.

   Member States shall make available to other Member States, at least every 6 months through the interrogator code allocation system, an up-to-date record of the allocation and use of interrogator codes by the eligible Mode S interrogators within their area of responsibility.

   3.

   Where an overlap exists between the coverage of a Mode S interrogator located within the area of responsibility of a Member State and the coverage of a Mode S interrogator located within the area of responsibility of a third country, the Member State concerned shall:

   1. ensure that the third country is informed about the safety requirements related to the allocation and use of interrogator codes;

   2. take the necessary measures to coordinate the use of interrogator codes with the particular third country.

   4.

   A Member State shall notify the air traffic service providers under its jurisdiction of Mode S interrogators operating under the responsibility of a third country for which the allocation of Mode S interrogator codes has not been coordinated.

   5.

   Member States shall check the validity of the interrogator code applications received from the Mode S operators before making interrogator codes available through the interrogator code allocation system for coordination as laid down in point 15 of Annex IV to Commission Implementing Regulation (EU) 2019/123^(*).

   6.

   Member States shall ensure that the Mode S operators, other than surveillance service providers, comply with point CNS.TR.205 in Annex VIII.

   7.

   The requirements laid down in paragraphs 1 to 6 shall not apply in the Single European Sky airspace that is not part of the International Civil Aviation Organisation (ICAO) European (EUR) region.

   1.

   In the context of spectrum protection, the Member States shall ensure that a secondary surveillance radar transponder on board any aircraft flying over a Member State is not subject to excessive interrogations that are transmitted by ground-based surveillance interrogators and which either elicit replies, or whilst not eliciting a reply, are of sufficient power to exceed the minimum threshold level of the receiver of the secondary surveillance radar transponder. In the event of disagreement between Member States regarding necessary measures, the Member States concerned shall bring the matter to the Commission for action.

   2.

   Member States shall ensure that all voice frequency assignments are converted to an 8,33 kHz channel spacing. The conversion requirements shall not apply to frequency assignments:

   1. which will remain within the 25 kHz channel spacing on the following frequencies:

      1. the emergency frequency (121,5 MHz);

      2. the auxiliary frequency for search and rescue operations (123,1 MHz);

      3. the VHF digital link (VDL) frequencies assigned to be used within the Single European Sky airspace;

      4. the aircraft communications addressing and reporting system (ACARS) frequencies (131,525 MHz, 131,725 MHz and 131,825 MHz);

   2. where offset carrier operation within a 25 kHz channel spacing is used.

   3.

   The requirements laid down in paragraph 2 shall not apply neither in the Single European Sky airspace that is not part of ICAO EUR Region nor in the Canarias Flight Information Region (FIR)/Upper Information Region (UIR).

   4.

   The exemptions from the obligation to ensure that all frequency assignments are converted to 8,33 kHz channel spacing for cases having limited impact on the network granted by the Member States pursuant to Article 14(2) of Implementing Regulation (EU) No 1079/2012 that were communicated to the Commission shall remain valid.

   5.

   Member States shall establish and publish in national aeronautical information publications, where applicable, the procedures for the handling of aircraft which are not equipped with:

   1. secondary surveillance radar Mode-S transponders;

   2. radios having the 8,33 kHz channel spacing capability.

4. Annexes I, II, III, IV, VIII, IX, X and XII are amended in accordance with the Annex to this Regulation.

Regulations (EC) No 1032/2006, (EC) No 633/2007 and (EC) No 262/2009 are repealed.

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.