Please be informed that Regulation (EU) 2020/587 has been published, amending Regulation (EU) No 1207/2011. An overview on the updated ADS-B and Mode S requirements is provided below, which incorporates all the changes from the latest amendment.
Mandate
Notwithstanding possible exemptions and time limited extensions as explained further below, operators shall ensure that by 7 December 2020:
a) All aircraft are equipped with serviceable secondary surveillance radar transponders having the capabilities set out in Part A of Annex II of Regulation (EU) No 1207/2011, requiring these aircraft to be compliant with Mode S Elementary Surveillance.
b) Fixed wing aircraft with a maximum certified take-off mass exceeding 5 700 kg or having a maximum cruising true airspeed capability greater than 250 knots, for which the individual certificate of airworthiness was first issued on or after 7 June 1995, are equipped with serviceable secondary surveillance radar transponders having the capabilities set out in Parts A, B and C of Annex II of Regulation (EU) No 1207/2011, requiring these aircraft to be compliant with Mode S Elementary, ADS-B Out and Mode S Enhanced Surveillance.
c) Aircraft other than fixed wing with a maximum certified take-off mass exceeding 5 700 kg or having a maximum cruising true airspeed capability greater than 250 knots, for which the individual certificate of airworthiness was first issued on or after 7 June 1995, are equipped with serviceable secondary surveillance radar transponders having the capabilities set out in Parts A and B of Annex II of Regulation (EU) No 1207/2011, requiring these aircraft to be compliant with Mode S Elementary and ADS-B Out Surveillance.
Applicability
All the above provisions are applicable to all flights operating in accordance with instrument flight rules within the Single European Sky airspace.
Time Limited Extensions
Operators of aircraft with a first certificate of airworthiness issued before 7 December 2020 shall comply by 7 June 2023 with the ADS-B Out and Mode S Enhanced requirements, provided that:
- they have established before 7 December 2020 a retrofit programme demonstrating compliance; AND
- those aircraft have not benefitted from any Union funding granted to bring such aircraft in compliance with the requirements.
For the time being, this retrofit programme does not have to be submitted or approved by EASA. However, EASA might decide at any point in time to verify compliance with the applicable requirements and verify whether all conditions have been met to benefit from these time limited extensions, which would include the establishment of a retrofit programme.
Exemptions
The ADS-B Out and Mode S Enhanced requirements shall not apply to aircraft that belong to one of the following categories:
- they are being flown to undergo maintenance;
- they are being flown for export;
- their operations will be ceased by 31 October 2025.
For third country operators in need of further clarifications, please contact TCO [at] easa.europa.eu (TCO[at]easa[dot]europa[dot]eu).
