If I have a transponder function, which is temporarily inoperative, may I continue to operate?
Article 5(5) of the SPI IR defines the conditions to allow limited operations in Single European Sky airspace, where the required capability is temporary inoperative.
The specific relief of 3 consecutive days is only applicable for the ADS-B out or ADS-B out and Mode S EHS capability being inoperative. No relief is provided for inoperative Mode S ELS systems. Operations are to be within these limits and under the conditions specific in the operators MEL (Minimum Equipment List).
The flight plan shall reflect that the aircraft is not compliant during this temporary inoperative period by inserting SUR/EUADSBX or SUR/EUEHSX or a combination of thereof, as necessary, in Item 18 of the flight plan. The remaining functioning surveillance capability should be indicated in the flight plan field 10b as appropriate.
For further information, please see AMC1 Article 14a Flight Plans.