Airspace Usage requirements

By 01 December 2015 aircraft with an individual certificate of airworthiness issued before the 1st of March 2012 shall be equipped with collision avoidance logic version 7.1 (ACAS II V7.1) .

Compliance with Commission Regulation (EU) No 1332/2011 is required by 01 December 2015 and no general exemptions provisions were included in the regulation that would permit continued operations or for the execution of a single flight, for whatever reason. Furthermore, the regulation does not distinguish the nature of the flight, therefore all flight with aircraft above 5700 kg or authorise to carry more than 19 passengers are within the scope of the regulation.

However, if operation within European Airspace with a non-compliant aircraft after the 01/12/2015 is necessary and an upgrade to ACAS II version 7.1 has been planned, it may be possible, based on Article 71 of the Basic Regulation for an exemption to be issued for a limited duration of time. Dependent upon the aircraft registration and the authority responsible for its operations will dictate from whom the exemption has to be requested.

• If the aircraft is registered in an EU member state or is registered in a third country and an EU member state is responsible for the operations, an Article 71 exemption from the national aviation authority responsible for the operation should be requested.
• If the aircraft is not on a European register or a non EU state is responsible the operational approval, exemptions need to be requested from each European State in whose airspace the aircraft is  intended to be operated.

In both cases no Permit to Fly is necessary. Finally, operators should be aware that the likelihood of receiving such an exemption from each and every member state is very limited.  However, in accordance with Article 3(2) of the regulation, states shall ensure that operation of state aircraft comply with the objective of regulation, therefore states may introduce specific measures to meet these objectives.

Operators that have voluntarily installed TCAS II 7.0 prior to the applicable effective dates of the Commission Regulation 1332/2011 are not affected. They do not need to upgrade their aircraft to ACAS II V7.1, but any 'new' voluntary installations must install ACAS II V7.1.

The Commission Regulation (EC) No 29/2009 can be found on the EASA website on the ‘Regulations’ page under:

• ATM/ANS interoperability - Air Traffic Management/Air Navigation Services
   

The latest consolidated version can be found on EUR-Lex:

• https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:02009R0029-20…

The DLS IR is applicable to all IFR (Instrument flight rule) GAT (general air traffic) flights operating above FL 285 within airspace as identified in Annex I of the regulation.

The DLS IR mandates CPDLC (controller pilot data link communication) capability for aircraft operating above FL 285. Aircraft capability is understood as the aircraft being properly equipped and fight crew appropriately trained as agreed with the operator’s Competent Authority. 

Note: CPDLC operation does not require a specific approval in accordance with Part-SPA of the Commission Regulation (EU) 965/2012.

As CPDLC capability requires both aircraft equipage and appropriately trained flight crew, if one of these conditions is not fulfilled, operators should not indicate CPDLC ATN (Aeronautical Telecommunication Network) VDL (Very High Frequency Data Link) Mode 2 capability in the flight plan. Furthermore, in that case operators should not plan flights above FL285 in the applicable airspace.

DLS IR mandates CPDLC capability for aircraft operating above FL 285. If such capability does not exist (aircraft is not equipped or crew is not trained) and if the aircraft is not exempted, flight plan should indicate flight profiles below FL 285 within the airspace where the DLS IR is applicable.

The DLS IR is an airspace requirement and is applicable for all IFR GAT flights operating above FL285. This includes all flights operated by EU and Non EU operators within the airspace defined in Annex I, regardless the State of registration.

The performance required by the DLS IR is that defined in the Eurocae standard ED-120 - ‘Safety and Performance Requirements Standard for Air Traffic Data Link Services in Continental Airspace’). The technology currently and consistently deployed in Europe to meet this required performance is ATN VDL Mode 2 (as defined in the ICAO Annex 10 — Aeronautical Telecommunications — Volume III, Part I (Digital Data Communication Systems).

CPDLC via FANS-1/A cannot ensure the performance requirements mandated through the DLS IR, the only system currently capable to achieve this is ATNVDL Mode 2. Additionally, the FANS 1/A versus ATN B1 CPDLC message set may be different (i.e. certain messages not used) within a certain operational context. 

Note 1: FANS-1/A are CPDLC capable installation designed in accordance with the relevant interoperability specifications in Eurocae standard ED-100/ED-100A.

Note 2: Aircraft with a first CofA prior to 1 January 2018 and equipped with FANS 1/A data link prior to this date are exempted from compliance.

If the aircraft has ATN VDL Mode 2 CPDLC capability and the crew are appropriately trained, the operator should enter the J1 designator in item 10 of the flight plan in accordance with the provisions of the ICAO PANS-ATM (ICAO Doc 4444 ‘Procedures for Air Navigation Services (PANS-ATM)’, Sixteen Edition 2016), as transposed by the Commission Regulation (EC) No 1033/2006 on ‘requirements on procedures for flight plans in the pre-flight phase for the single European sky’.

One means to demonstrate compliance with the DLS IR is to have evidence that the aircraft design is compliant with CS-ACNS (Certification Specifications and acceptance means of compliance - Airborne Communications, Navigation and Surveillance). 
Such evidence of compliance can  normally be found in the Airplane Flight Manual (AFM)

CS-ACNS is a means, however not the only means to comply with the DLS IR. 

If there is no relevant statement in the AFM, operators should check with the type certificate holders (TCHs) or the supplemental type certificate holders (STCHs) as to the CPDLC installation compliance details.

• Link to CS-ACNS

Airborne multi-frequency capability is a requirement as stated in Article 6 ‘Obligations of operators for data link communications’ of the DLS IR through reference to ICAO Annex 10 Volume III, where the need for “auto-tune” capability (also known as multi-frequency) is addressed.

EASA SIB 2019-13 ‘Controller Pilot Data Link Communications over Very High Frequency Data Link Mode 2 – Airborne Multi-Frequency Capability’, provides more information and recommendations on this topic.  

• Link to EASA SIB 2018-13

Operators can check:

• the AFM, which should contain a statement such as “The aircraft ATC Data Link system does support multi-frequency operation as defined in ARINC Specification 631-5.” or
• directly with the type certificate holder (TCH) or with the supplemental type certificate holder (STCH) if the system was installed by an STCH. or
• check the aircraft documentation for the indication that the system supports CPDLC multi-frequency operation (e.g. ARINC Specification 631-5 or higher)

An aircraft is technically compliant with the DLS IR if it has been demonstrated that the aircraft datalink installation is compliant with CS-ACNS, no further demonstration of compliance is required. Being included in the so-called ‘white list’ or ‘log-on list’ is not a regulatory requirement. 

On board recording of CPDLC messages is required, however, this depends upon age and operations undertaken. 

For European operators, compliance with the communication recording capability in accordance with Regulation (EU) No 965/2012 is required for newly manufactured aircraft as follows:

• on or after 08 April 2014 for CAT operations
• on or after 01 January 2016 for other-than-CAT operations
   

For Third Country Operators (TCO), compliance with the requirements of ICAO Annex 6 is required (i.e. newly manufactured aircraft on or after 01 January 2016 and new CPDLC installations).

The DLS IR provides operators with a number of conditions under which permanent exemptions (where applicable) from the requirement to equip with data link capability are possible. 
These conditions can be summarised as follows:

1. operator/aircraft falls under one of the criteria listed in Article 3(3) of the DLS IR, or
2. the aircraft type/model is listed EC Implementing Decision 2019/2012

Even if the DLS IR equipage requirements are not applicable for some operators, they may still choose to comply with the DLS IR. In this case, compliance with all applicable parts of the DLS IR is expected.

There is no formal reporting requirement for an operator if their aircraft meet one of the exemption conditions as defined in Article 3(3) of the DLS IR, or the aircraft type/model is listed EC Implementing Decision 2019/2012. However, it is recommended that operators advise their National Aviation Authority where the aircraft is registered. 

Operators should reflect the CPDLC exemption status in the flight plan as detailed in EASA SIB 2020-03.

The operator should declare its CPDLC exempt status when filling the flight plan by including letter “Z” in item 10 and the indicator “DAT/CPDLCX” in item 18 of each flight plan.

For further details on how to reflect the CPDLC exempt status in the flight plan please check the EASA SIB 2020-03.

In accordance with Article 3(3) flights with equipment temporarily inoperative may continue to operate within the applicable airspace. However, these operations are to be within the limits and conditions of the MEL (Minimum Equipment List), and the flight plan should also reflect that the aircraft is exempt during this temporary inoperative period.

If the operator decides to declare its CPDLC exempt status, flight plan should reflect that the aircraft is exempted by including letter “Z” in item 10 and the indicator “DAT/CPDLCX” in item 18 of each flight plan.

For further details on how to reflect the CPDLC exempt status in the flight plan please check the EASA SIB 2020-03. 

Conditions for operation and rectification interval should be in accordance with the operator’s MEL that is approved by the operators National Aviation Authority. As such, we recommend you initially contact your National Aviation Authority. Note that the MEL is based on the MMEL specific for the aircraft/model and cannot be less restrictive. 

Specific information regarding the MMEL for aircraft type/model can be obtained from the aircraft Type Certificate Holder (TCH) or Supplemental Type Certificate Holder (STCH)

For any further information on MMEL please send your request to mmel [at] easa.europa.eu.

Delivery flights are exempted in accordance with Article 3(3) of the DLS IR. You may operate above FL 285, however, your flight plan should reflect that the aircraft is exempted by including letter “Z” in item 10 and the indicator “DAT/CPDLCX” in item 18 of each flight plan.

For further details on how to reflect the CPDLC exempt status in the flight plan please check the EASA SIB 2020-03.

If the operator voluntarily decides to comply with DLS IR (aircraft capable + crew trained), J1 designator should be used in item 10 of the flight plan in accordance with ICAO PANS-ATM. In this case, even of the aircraft is eligible for CPDLC exemption, the flight plan should not reflect CPDLC exempt status.

If the operator decides to declare its CPDLC exempt status, flight plan should reflect that the aircraft is exempted by including letter “Z” in item 10 and the indicator “DAT/CPDLCX” in item 18 of each flight plan.

In this case, J1 designator should not be used in the flight plan even if the aircraft is technically capable. Nonetheless, if properly equipped and compliant with the DLS IR, operators are encouraged to use the CPDLC capability on board.

For further details on how to reflect the CPDLC exempt status in the flight plan please check the EASA SIB 2020-03.

For any further information on CPDLC exemption please send your request to atm [at] easa.europa.eu.

A copy of the regulation and its amendments can be found on the EASA website on the ‘Regulations’ page under:

• ATM/ANS interoperability - Air Traffic Management/Air Navigation Services

The latest consolidated copy of the SPI IR can be found on EUR-Lex:

• Commission Implementing Regulation (EU) No 1207/2011
   

AMC and GM to the SPI IR can be found on EASA website on the ‘Regulations’ page under ATM/ANS interoperability - Air Traffic Management/Air Navigation Services.

Link to the AMC/GM to the SPI IR:

• AMC and GM to Commission Implementing Regulation (EU) No 1207/2011 - Issue 1

The SPI IR is applicable to all operators, operating as general air traffic (GAT) under instrument flight rules (IFR), that are conducting flights in the Single European Sky (SES) airspace. 

It is also applicable to all other operators, operating as GAT in the SES airspace, whose aircraft are equipped with Mode S transponders.

Operators operating as general air traffic under instrument flight rules are required to equip their aircraft with Mode S transponders, in accordance with the SPI IR requirements by the following deadlines: 

Aircraft with a first CofA issued prior to 7 June 1995:

• Aircraft with a first CofA issued prior to 7 June 1995, have to be:
  • ELS capable prior to 7 December 2020

Aircraft with a first CofA issued on or after 7 June 1995:

• Aircraft with a MTOM of 5700 kg or less  and with a maximum cruising TAS 250 kts or less have to be: 
  • ELS capable prior to 7 December 2020
• Rotorcraft (e.g. helicopters) with a MTOM exceeding 5700 kg or with a maximum cruising TAS greater than 250 kts have to be:
  • ELS capable prior to 7 December 2020, 
    and 
  • ADS-B out capable prior to 7 December 2020 or 7 June 2023 (where there is a retrofit programme in place prior to 7 December 2020)
• Fixed wing aircraft (aeroplanes) with a MTOM exceeding 5700 kg or with a maximum cruising TAS greater than 250 kts have to be :
  • ELS capable prior to 7 December 2020, 
    and 
  • ADS-B out capable prior to 7 December 2020 or 7 June 2023 (where there is a retrofit programme in place prior to 7 December 2020) 
    and 
  • EHS capable prior to 7 December 2020 or 7 June 2023 (where there is a retrofit programme in place prior to 7 December 2020)

CofA means certificate of airworthiness.
ELS means Mode S elementary surveillance capability.
EHS means Mode S enhanced surveillance capability.
MTOM means maximum certified take-off mass.
TAS means true air speed.

Further information can be found in the AMC and GM to the SPI IR.

The SPI IR does not only mandate ADS-B out capability, but also requires Mode S elementary surveillance (‘ELS’) equipage, and depending on the aircraft characteristics ‘Mode S enhanced surveillance (‘EHS’) equipage. (see previous question on implementation deadlines)

The equipage requirements as defined in Article 5(5) (a), (b) and (c) provide a progressively more demanding installation requirements depending upon aircraft characteristics. Details of these requirements can be found in Annex II Part A, Part B and Part C of the SPI IR.

For further information, please consult AMC2 of Article 5.

The SPI IR is an airspace requirement that is applicable to all GAT operations undertaken by EU and Non EU operators, within the Single European Sky (SES) airspace, regardless of the State of operator. 

The aircraft capability is to be compliant with the requirements defined in points (5) (a), (b) and (c) of Article 5 and in particular in Part A, Part B and Part C of Annex II. 

AMC2 of Article 5 on ‘Interoperability requirements’ contains further information on how to comply with these requirements. 

Evidence of compliance can normally be found in the Aircraft Flight Manual (AFM) or as a Flight Manual Supplement.

If there is no relevant statement in the AFM, operators should contact with the type certificate holders (TCHs) or the supplemental type certificate holders (STCHs).

The SPI IR permits a deferral of the compliance deadline, through transitional arrangements, to 7 June 2023, for aircraft with a first Certificate of Airworthiness issued prior to 7 December 2020 for the installation of ADS-B out or ADS-B out and Mode S Enhanced Surveillance (EHS) only. 

These transitional arrangement are:

1. a retrofit programme is established prior to 7 December 2020 , that demonstrates compliance with the ADS-B out or ADS-B out and EHS requirements;
2. aircraft operators have not benefitted from any Union funding granted to bring such aircraft in compliance with the ADS-B out or EHS and ADS-B out requirements.

For further information, please consult AMC3 of Article 5.
 

There are no exemptions possibilities provided for in the SPI IR.

Although some stakeholders would refer to them as equipage ‘exemptions’, Article 5(5) provides some relief from compliance with the ADS-B out and with ADS-B out and EHS (for fixed wing aircraft) requirements for aircraft with a maximum certified take-off mass exceeding 5700 kg or with a max cruising true air speed greater than 250 kts,  when the aircraft meets at least one of the following conditions:

• aircraft received their first CofA prior to 7 June 1995,
• aircraft are flown to undergo maintenance, 
• aircraft are flown for export,
• aircraft operation ceases in the Single European Sky by 31 October 2025.

It should be noted that for all the above cases, compliance with Mode S ELS equipage is required, in accordance with Article 5(5) (a).

Further details are provided in the GM4 Article 5 Interoperability requirements.

SPI IR does not require operators to submit their retrofit programmes to EASA or their competent authority for approval, in order to benefit from a deferred compliance in accordance with the conditions specified in Article 5(5).

For further details, please see AMC 3 Article 5 on transitional arrangements. 

However, operators should have the retrofit programme and required evidence in place prior to 7 December 2020 and make it available upon request to their competent authority.

SPI IR does not require operators to notify EASA, or any other entity, that their aircraft benefit from the transitional arrangements (retrofit programme).

Also notification is not required in the cases where the certain equipage requirements of the SPI IR are not applicable (e.g. aircraft flown to undergo maintenance, for export or when operation ceases in the Single European Sky by 31 October 2025).

Nonetheless, the appropriate equipage and operational status, including the correct designator for the functioning surveillance systems, should be indicated in the flight plan.

The appropriate equipage and operational status, including the correct designator for the functioning surveillance systems, should be inserted in items 10b and 18 of the flight plan accordingly.

Operators of aircraft, which are not equipped with Mode S EHS and/or ADS-B out, making use of the retrofit programme deferral provision, should insert the designators SUR/EUADSBX or SUR/EUEHSX or a combination thereof, in Item 18 of the flight plan. 

For information on the correct designators to be used for the functioning surveillance systems, to be indicated in item 10b of the flight plan, please refer to Commission Regulation (EC) No 1033/2006.

For further information, please check AMC1 Article 14a Flight Plans.

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.

Conditions for operations in the Single European Sky airspace with temporarily inoperative transponder function can be found in Article 5(5) of the SPI IR. Such conditions could be potentially supplemented by conditions for operation and rectification interval as required by the operators’ Competent Authority (CA). We recommend you initially contact your CA. It should also be noted that the MEL is based on the Master Minimum Equipment LIST (MMEL) specific for the aircraft/model and cannot be less restrictive. 
 
You can find specific information regarding the MMEL for your aircraft type/model from the aircraft Type Certificate Holder (TCH). 

If your surveillance equipment (transponder) has been installed using a Supplemental Type Certificate (STC), you should contact the STC holder (STCH) to obtain the relevant information and documentation.
 
With regards to EASA documentation, CS-MMEL Issue 2 (Certification Specifications and guidance material for Master Minimum Equipment List), includes the references to the changes introduced by the amendment to the SPI IR. 

For any further information on MMEL please send your request to mmel [at] easa.europa.eu.

For any further information on the SPI IR, please send your query to atm [at] easa.europa.eu.

The PBN IR introduces the gradual implementation of PBN flight procedures to support safer, greener, and more efficient aircraft operations. The Regulation is binding in its entirety and directly applicable in all European Union (EU) Member States. More concretely, it applies in the airspace described in points (a) and (b) of Article 1(2), i.e.:

1. over the territory where the Treaty on the Functioning of the European Union (TFEU) applies;
2. in any other airspace where Member States are responsible for the provision of air traffic services (ATS) within the ICAO EUR and AFI regions. 
   Member States may also apply the PBN IR in other ICAO regions, on condition that they inform the Commission and the other Member States.

The PBN IR may already apply or become applicable in other States with which the EU has signed binding agreements that require compliance with EU legislation in the field of civil aviation or its transposition into national law, e.g., European Economic Area (EEA), European Free Trade Area (EFTA), and the European Common Aviation Area (ECAA) Agreements. In this regard, the PBN is already binding in all EASA Member States and will equally apply in the Western Balkans, i.e., Albania, Bosnia and Herzegovina, North Macedonia, Montenegro, Serbia and Kosovo (without prejudice to positions on status, which is in line with UN Security Council Resolution 1244(1999) and the International Court of Justice Opinion on the Kosovo Declaration of Independence). 

In addition, the PBN IR applies in several overseas territories (see the TFEU) and in a number of other overseas territories where special arrangements for association apply. To find out more about the status of applicability in a particular airspace, it is recommended to contact the Aviation Authorities of the State concerned.

The PBN IR expressly excludes the use of conventional navigation procedures as from 6 June of 2030, except in the event of PBN contingencies, i.e., situations where, for unexpected reasons beyond the control of ATM/ANS service providers, GNSS or other methods used for performance-based navigation are no longer available.

From 6 June 2030, PBN will be the normal means of navigation, supplemented with navigation supported by CAT II/III landing systems, where necessary. 

The PBN IR requires implementation of approach procedures to LPV minima on condition that they are within an appropriate SBAS coverage provided by a certified service provider.

European Geostationary Navigation Overlay Service (EGNOS) is mentioned as a possibility, as the SBAS coverage may be available through other augmentation systems due to geographical considerations. In this regard, Recital (5) states the following: “the use of satellite-based augmentation systems (SBAS), in particular in the form of the European Geostationary Navigation Overlay Service (EGNOS), should be promoted”.

Since the PBN IR requirements are generic, they do not limit the deployment to areas where EGNOS coverage exists.

The guidance material published by EASA (Annex II to ED Decision 2018/013/R) refers to EGNOS, as the navigation service provider has been certified by EASA and the service covers most of the locations where the PBN IR applies. 

The PBN IR requires the publication of localiser performance with vertical guidance (LPV) minima, without an explicit reference to category I (CAT I) minima.

The publication of 3D approach procedures based on SBAS may not enable precision approach operations down to CAT I minima at all locations. In this regard, the actual LPV minima will depend on the performance of the SBAS service around the aerodrome (i.e., availability of the EGNOS APV-I or LPV-200 service level), the aerodrome infrastructure, and the application of the flight procedure design criteria.

As the PBN IR requires exclusive use of PBN after 6 June 2030, SBAS will be the normal means to enable approach operations to CAT I minima. A minimum number of the existing instrument landing systems (ILS) will continue to enable operations to CAT I minima in the event of PBN contingencies, which, in this case, refer to situations where, for unexpected reasons beyond the control of ATM/ANS service providers, SBAS approaches are no longer available.

GBAS landing systems (GLS) CAT I procedures are out of the scope of the PBN IR, since they are neither PBN nor conventional approach procedures; hence, GLS CAT I procedures can be used in normal conditions and without limitations after 6 June 2030.

Landing surfaces other than instrument runways are not addressed by the PBN IR. In this regard, heliports having their own landing areas to operate, i.e., FATO and TLOF, rather than runways, are not within scope of the PBN IR.  Instrument approach procedures, standard instrument departures (SID) and standard arrival routes (STAR) at heliports are excluded from the PBN IR, and, therefore, there are no specific requirements for CAT H procedures at locations where there are no instrument runways, i.e., locations dedicated to helicopter-only operations.

It should be noted that helicopters may approach down to instrument runways by using instrument approach procedures designed for CAT A aeroplanes. Additionally, at the same runway where aeroplanes operate, specific procedures designed for helicopters and designated as CAT H may be available. Where helicopter-only procedures (CAT H) are available to approach a runway, these are normally designed and authorised for airspeeds lower than those established for Category A aeroplanes to take advantage of helicopter capabilities. In those cases, Category H procedures should not be promulgated on the same charts as joint helicopter/aeroplane procedures.

When helicopters operate down to the same instrument runways as aeroplanes, the corresponding flight procedures (CAT A or CAT H) are addressed by the PBN IR and should be compliant by the 2020 or the 2024 deadline, as applicable.

The repeal of Regulation (EU) No 716/2014 (the ‘PCP Regulation’) resulted in the deletion of the ATM functionality No1 (AF#1) with a view to avoiding inconsistencies and duplication of PBN requirements in the European Union’s legislation. Consequently, the PBN IR has become the only PBN regulatory reference in the EU.

The repeal brings additional flexibility for planning purposes, as implementers of standard instrument departures (SID) and standard arrival routes (STAR) in terminal manoeuvring areas (TMA), previously referred to in the PCP Regulation, can now choose between RNP 1 routes and RNAV 1 routes, depending on local performance needs. In addition, the implementation of arrival and departure routes within the terminal airspace of the airports referred to in point 1.2.1 of the Annex to Regulation (EU) No 716/2014 (known as PCP airports) is subject to the same deadlines as any other aerodrome targeted by the PBN IR. Hence, the implementation of SID and STAR at PCP airports can take place gradually, i.e., it should also start with the replacement of, at least, one established arrival/departure route by 25 January 2024 and finish with the replacement of all routes with RNAV 1 or RNP 1 routes by 6 June 2030, except if retained in support of PBN contingencies, i.e., except in situations where, for unexpected reasons beyond their control, PBN SID and STAR are no longer available.

As for PBN approaches at PCP airports runways, implementation of procedures in accordance with the requirements of the RNP approach (RNP APCH) specification can be postponed until 25 January 2024.