Commission Implementing Regulation (EU) 2023/1770 of 12 September 2023 laying down provisions on aircraft equipment required for the use of the Single European Sky airspace and operating rules related to the use of the Single European Sky airspace and repealing Regulation (EC) No 29/2009 and Implementing Regulations (EU) No 1206/2011, (EU) No 1207/2011 and (EU) No 1079/2012

1 This Regulation lays down operating rules related to the use of airspace and requirements on aircraft equipment required for the safe and uniform operation within the Single European Sky airspace.

2 This Regulation shall apply to operators of aircraft referred to in Article 2(1), points (b) (i) and (ii) and Article 2(1), point (c), of Regulation (EU) 2018/1139 that are engaged in general air traffic and operate into, within or out of the Single European Sky airspace.

For the purposes of this Implementing Regulation, the following definitions shall apply: (1) ‘air traffic control unit’ (ATC unit) means a generic term meaning variously, area control centre, approach control unit, or aerodrome control tower; (2) ‘data link service’ means a set of related air traffic management transactions, supported by air–ground data link communications, which have a clearly defined operational goal and which begin and end on an operational event; (3) ‘offset carrier operation’ means a case where the designated operational coverage cannot be ensured by a single ground transmitter, and where the signals from two or more ground transmitters are offset from the nominal channel centre frequency in order to minimise interference problems.

Aircraft operators shall ensure that their aircraft are equipped and operated in accordance with the rules and procedures set out in Annex I (Part-COM) and Annex II (Part-SUR).

1 The Agency shall develop acceptable means of compliance (‘AMC’) that may be used to establish compliance with this Regulation, Regulation (EU) 2018/1139 and the delegated and implementing acts adopted on the basis thereof.

2 Alternative means of compliance may be used to establish compliance with this Regulation.

3 Competent authorities shall establish a system to consistently evaluate whether the alternative means of compliance used by themselves or by organisations under their oversight comply with Regulation (EU) 2018/1139 and the delegated and implementing acts adopted on the basis thereof.

4 Competent authorities shall inform the Agency of any alternative means of compliance used by natural or legal persons under their oversight or by themselves for establishing compliance with this Regulation.

Regulations (EC) No 29/2009 and Implementing Regulations (EU) No 1206/2011, (EU) No 1207/2011 and (EU) No 1079/2012 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.