(fra kommisjonsforordningen)

(1) Commission Regulation (EU) No 1332/2011 (2) lays down common airspace usage requirements and operating procedures for airborne collision avoidance.

(2) Regulation (EU) No 1332/2011 requires turbine-powered aeroplanes, with a maximum certificated take-off mass of more than 5 700 kg or authorised to carry more than 19 passengers to be equipped with a collision avoidance logic version 7.1 of the airborne collision avoidance system (ACAS II) to avoid mid-air collision. That requirement also applies to operators of certain aeroplanes registered in a third country but does not apply to unmanned aircraft systems.

(3) In accordance with Regulation (EU) No 1332/2011, aircraft that are not legally required to be equipped with ACAS II but are equipped with that system on a voluntary basis, are to have the collision avoidance logic version 7.1.

(4) Commission Implementing Regulation (EU) 2017/373 (3) lays down common requirements for providers of air traffic management/air navigation services and other air traffic management network functions and their oversight.

(5) Implementing Regulation (EU) 2017/373 requires communication, navigation or surveillance services providers to demonstrate that their working methods and operating procedures are compliant with the standards of Annex 10 to the Convention on International Civil Aviation, signed in Chicago on 7 December 1944 (‘Chicago Convention’), on aeronautical telecommunications as far as they are relevant to the provision of communication, navigation or surveillance services in the airspace concerned.

(6) Amendment 91 to the International Standards and Recommended Practices, Aeronautical Telecommunications – Surveillance and Collision Avoidance Systems (Annex 10, Volume IV to the Chicago Convention) introduced the airborne collision avoidance system Xa (ACAS Xa) as an alternative to the ACAS II with a collision avoidance logic version 7.1.

(7) Pursuant to Article 4(1), point (a), of Regulation (EU) 2018/1139, the new requirements laid down under that Regulation are to reflect the state of the art and the best practices in the field of aviation, taking into account worldwide aviation experience and scientific and technical progress in the respective fields. Therefore, Regulation (EU) No 1332/2011 should be amended to allow access of the aircraft equipped with ACAS Xa to the SES airspace.

(8) Pursuant to Article 1(2), point (g), of Regulation (EU) 2018/1139, the new rules laid down under that Regulation should assist Member States in exercising their rights and fulfilling their obligations under the Chicago Convention, by ensuring a common interpretation and a uniform and timely implementation of its provisions. Therefore, Implementing Regulation (EU) 2017/373 should be amended to refer to the latest provisions of Annex 10 to the Chicago Convention.

(9) The measures provided for in this Regulation are in accordance with the opinion of the committee established by Article 127 of Regulation (EU) 2018/1139,