EUR-Lex Regulation 2025/0343

EUR-Lex source

COMMISSION IMPLEMENTING REGULATION (EU) 2025/343

of 17 February 2025

amending Regulation (EU) No 1332/2011 and Implementing Regulation (EU) 2017/373 as regards airborne collision avoidance systems

(Text with EEA relevance)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EU) 2018/1139 of the European Parliament and of the Council of 4 July 2018 on common rules in the field of civil aviation and establishing a European Union Aviation Safety Agency, and amending Regulations (EC) No 2111/2005, (EC) No 1008/2008, (EU) No 996/2010, (EU) No 376/2014 and Directives 2014/30/EU and 2014/53/EU of the European Parliament and of the Council, and repealing Regulations (EC) No 552/2004 and (EC) No 216/2008 of the European Parliament and of the Council and Council Regulation (EEC) No 3922/91 (1), and in particular Article 31(1), point (a), and Article 44(1) point (a), thereof,

Whereas:

(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,

HAS ADOPTED THIS REGULATION:

Article 1

Amendments to Regulation (EU) No 1332/2011

In the Annex to Regulation (EU) No 1332/2011, point AUR.ACAS.1005 is replaced by the following:

‘AUR.ACAS.1005   Performance requirement

The following turbine-powered aeroplanes shall be equipped with ACAS II with a collision avoidance logic version 7.1 or with ACAS Xa:

(a)

aeroplanes with a maximum certificated take-off mass exceeding 5 700 kg;

(b)

aeroplanes authorised to carry more than 19 passengers.

Aircraft not referred to in point 1 but which are equipped on a voluntary basis with ACAS II, shall have collision avoidance logic version 7.1 or ACAS Xa.

Point 1 shall not apply to unmanned aircraft systems.’.

Article 2

Amendment to Implementing Regulation (EU) 2017/373

In point CNS.TR.100 of Annex VIII to Implementing Regulation (EU) 2017/373, point (d) is replaced by the following:

‘(d)

Volume IV on surveillance radar and collision avoidance systems in its 5th edition of July 2014, including all amendments up to and including No 91;’.

Article 3

Entry into force

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 17 February 2025.

For the Commission

The President

Ursula VON DER LEYEN

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