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Document 02009R0262-20161221
Commission Regulation (EC) No 262/2009 of 30 March 2009 laying down requirements for the coordinated allocation and use of Mode S interrogator codes for the single European sky (Text with EEA relevance)
Consolidated text: Commission Regulation (EC) No 262/2009 of 30 March 2009 laying down requirements for the coordinated allocation and use of Mode S interrogator codes for the single European sky (Text with EEA relevance)
Commission Regulation (EC) No 262/2009 of 30 March 2009 laying down requirements for the coordinated allocation and use of Mode S interrogator codes for the single European sky (Text with EEA relevance)
No longer in force
02009R0262 — EN — 21.12.2016 — 001.001
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COMMISSION REGULATION (EC) No 262/2009 of 30 March 2009 laying down requirements for the coordinated allocation and use of Mode S interrogator codes for the single European sky (OJ L 084 31.3.2009, p. 20) |
Amended by:
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COMMISSION IMPLEMENTING REGULATION (EU) 2016/2345 of 14 December 2016 |
L 348 |
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21.12.2016 |
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COMMISSION REGULATION (EC) No 262/2009
of 30 March 2009
laying down requirements for the coordinated allocation and use of Mode S interrogator codes for the single European sky
(Text with EEA relevance)
Article 1
Subject matter and scope
Article 2
Definitions
For the purpose of this Regulation the definitions in Article 2 of Regulation (EC) No 549/2004 shall apply.
The following definitions shall also apply:
‘Mode S interrogator’ means a system, composed of antenna and electronics, supporting addressing of individual aircraft through the Mode Select, known as Mode S;
‘interrogator code’ means either an interrogator identifier or a surveillance identifier code used for multisite lockout and possibly communication protocols;
‘interrogator identifier code’ (hereinafter II code) means a Mode S interrogator code with a value in the range from 0 to 15 that can be used for both multisite lockout and communications protocols;
‘surveillance identifier code’ (hereinafter SI code) means a Mode S interrogator code with a value in the range from 1 to 63 that can be used for multisite lockout protocols, but cannot be used for multisite communications protocols;
‘multisite lockout’ means the protocol that allows Mode S target acquisition and lockout by several Mode S interrogators that have overlapping coverage;
‘multisite communications protocols’ means the protocols used to coordinate, in areas of overlapping Mode S interrogators coverage, the control of communications performed in more than one transaction;
‘Mode S target’ means a platform equipped with a Mode S transponder;
‘lockout’ means the protocol that allows the suppression of Mode S all call replies from already acquired Mode S targets;
‘Mode S operator’ means a person, organisation or enterprise operating or offering to operate a Mode S interrogator, including:
air navigation service providers;
Mode S interrogators manufacturers;
airport operators;
research establishments;
any other entity entitled to operate a Mode S interrogator;
‘interrogator code allocation’ means a definition of values for at least all the key items of an interrogator code allocation as listed in Annex II, Part B;
‘interrogator code allocation system’ means a system within the European Air Traffic Management Network, and the associated procedures, through which a centralised service of interrogator code allocation (hereinafter interrogator code allocation service), dealing with the processing of interrogator code applications and the distribution of an interrogator code allocation plan proposal, is provided to Mode S operators through Member States;
‘interrogator code application’ means an application from a Mode S operator for the allocation of an interrogator code;
‘interrogator code allocation plan proposal’ means a proposal for a complete set of IC allocations, submitted by the interrogator code allocation service for approval by Member States;
‘interrogator code allocation plan’ means the most recently approved complete set of interrogator code allocations;
‘eligible Mode S interrogator’ means a Mode S interrogator for which at least one of the following conditions is satisfied:
the interrogator relies, at least partly, on Mode S all call interrogations and replies for Mode S targets acquisition; or
the interrogator locks out acquired Mode S targets in reply to Mode S all call interrogations, permanently or intermittently, in part or totality of its coverage; or
the interrogator uses multisite communications protocols for data link applications;
‘eligible interrogator code’ means any code among the II codes and the SI codes, except:
II code 0;
the interrogator code(s) reserved for military entities, including intergovernmental organisations in particular North Atlantic Treaty Organisation management and allocation;
‘Mode S all call interrogations’ means the messages that are normally used by Mode S interrogators to acquire Mode S targets entering their coverage area;
‘operational interrogator code’ means any eligible interrogator code other than II code 14;
‘competent Member State’ means:
in the case of an air navigation service provider, the Member State that has certified the provider in accordance with Commission Regulation (EC) No 2096/2005 ( 1 );
in other cases, the Member State within the area of responsibility of which the Mode S operator operates, or intends to operate, an eligible Mode S interrogator;
‘interrogator code conflict’ means uncoordinated coverage overlap of two or more Mode S interrogators operating on the same interrogator code, potentially resulting in aircraft remaining undetected by at least one of the Mode S interrogators;
‘monitoring of interrogator code conflict’ means the implementation, by a Mode S operator, of technical or procedural means, for identifying the effects of interrogator code conflicts with other Mode S interrogators on the surveillance data provided by its own Mode S interrogators;
‘implementation sequence’ means the time-bounded sequence of implementation of interrogator code allocations with which Mode S operators need to comply to avoid temporary interrogator code conflicts;
‘matching II code’ means the II code decoded by a Mode S transponder not supporting SI codes, in a Mode S all call interrogation containing an SI code, and which is used by this transponder to encode the all call reply;
‘lockout map’ means the Mode S interrogator configuration file defining where and how to apply lockout to Mode S targets.
Article 3
Interoperability and performance requirements
Mode S operators shall ensure that the radar head electronics constituent of their Mode S interrogators using an operational interrogator code:
support the use of SI codes and II codes in compliance with the International Civil Aviation Organisation provisions specified in Annex I point 1;
support the use of II/SI code operation in compliance with the requirements specified in Annex III.
Article 4
Associated procedures for Mode S operators
Article 5
Associated procedures for Member States
Member States shall take the necessary measures to ensure that the interrogator code allocation system:
checks interrogator code applications for compliance with the format and data conventions;
checks interrogator code applications for completeness, accuracy and timeliness;
within maximum six calendar months from application:
performs interrogator code allocation plan update simulations on the basis of the pending applications;
prepares a proposed update of the interrogator code allocation plan for approval by the Member States affected by it;
ensures that the proposed update to the interrogator code allocation plan meets to the greatest extent possible, the operational requirements of the interrogator code applications, as described by key items (g), (h) and (i) listed in Annex II, Part A;
updates, and communicates to Member States the interrogator code allocation plan immediately after its approval, without prejudice to national procedures for the communication of information on Mode S interrogators operated by military.
Where an overlap exists between the coverage of a Mode S interrogator located within the area of responsibility of a Member State and the coverage of a Mode S interrogator located within the area of responsibility of a third country, the Member State concerned shall:
ensure that the third country is informed of the safety requirements related to the allocation and use of interrogator codes;
take the necessary measures to coordinate the use of interrogator codes with the third country.
Article 6
Associated procedures for air traffic service providers
Air traffic service providers shall not use data from Mode S interrogators operating under the responsibility of a third country if the interrogator code allocation has not been coordinated.
Article 7
Contingency requirements
Unless the potential loss of Mode S target surveillance data has been assessed to have no safety significance, Mode S operators shall:
implement monitoring means to detect interrogator code conflicts caused by other Mode S interrogators impacting eligible Mode S interrogators they operate on any operational interrogator code;
ensure that the interrogator code conflict detection provided by the implemented monitoring means is achieved in a timely manner and within a coverage that satisfy their safety requirements;
identify and implement as appropriate, a fallback mode of operation to mitigate the possible interrogator code conflict hazards on any operational code, identified in the assessment referred to in paragraph 1;
ensure that the implemented fallback mode of operation does not create any interrogator code conflict with other Mode S interrogators referred to by the interrogator code allocation plan.
Article 8
Civil-military coordination
Article 9
Safety requirements
Article 10
Conformity assessment
Before issuing an EC declaration of conformity or suitability for use as referred to in Article 5 of Regulation (EC) No 552/2004, manufacturers of constituents, or their authorised representatives established in the Community, of the systems referred to in Article 1(2) of this Regulation shall assess the conformity or suitability for use of those constituents in compliance with the requirements set out in Annex IV, Part A to this Regulation.
Article 11
Verification of systems
Article 12
Additional requirements
Mode S operators shall:
develop and maintain Mode S operations manuals, including the necessary instructions and information to enable their personnel in charge of the implementation of interrogator code allocations to apply the provisions of this Regulation;
ensure that the manuals referred to in point (a) are accessible and kept up-to-date and that their update and distribution are subject to appropriate quality and documentation configuration management;
ensure that the working methods and operating procedures required for the implementation of interrogator code allocations comply with the relevant provisions specified in this Regulation.
Member States shall take the necessary measures to ensure that the centralised interrogator code allocation service:
develops and maintains operations manuals containing the necessary instructions and information to enable their personnel to apply the provisions of this Regulation;
ensures that the manuals referred to in point (a) are accessible and kept up-to-date and that their update and distribution are subject to appropriate quality and documentation configuration management;
ensures that the working methods and operating procedures comply with the relevant provisions specified in this Regulation.
Article 13
Entry into force and application
This Regulation shall enter into force on the 20th day following its publication in the Official Journal of the European Union.
Article 3 shall apply from 1 January 2011.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
ANNEX I
International Civil Aviation Organisation provisions referred to in Article 3(1) and Annex III point 2
1. Chapter 3 ‘Surveillance systems’, Section 3.1.2.5.2.1.2 ‘IC: Interrogator code’ of ICAO Annex 10 ‘Aeronautical Telecommunications’, Volume IV ‘Surveillance and Collision Avoidance Systems’ (Fifth Edition, July 2014, incorporating Amendment 89).
2. Chapter 5 ‘SSR Mode S Air-Ground Data Link’, Section 5.2.9 ‘The data link capability report’ of ICAO Annex 10 ‘Aeronautical Telecommunications’, Volume III ‘Communication Systems’ (Second Edition, July 2007, incorporating Amendment 90).
ANNEX II
Part A: Requirements concerning the application for interrogator codes referred to in Articles 4(2), 5(1) and 5(2)
An IC application shall include the following key items, as a minimum:
a unique application reference from the competent Member State;
full details of the Member State representative responsible for the coordination of the Mode S IC Allocation;
full details of the Mode S operator point of contact for Mode S IC Allocation matters;
Mode S interrogator name;
Mode S interrogator use (operational or test);
Mode S interrogator location;
Mode S interrogator planned date of first Mode S transmission;
requested Mode S coverage;
specific operational requirements;
SI code capability;
‘II/SI code operation’ capability;
coverage map capability.
Part B: Requirements concerning the allocation of interrogator codes referred to in Articles 2(10), 4(3) and 4(4)
An IC allocation shall include the following minimum items:
the corresponding application reference from the competent Member State;
a unique allocation reference from the IC allocation service;
superseded allocation references, as required;
allocated IC;
surveillance and lockout coverage restrictions under the form of sectored ranges or Mode S coverage map;
implementation period during which the allocation needs to be registered into the Mode S interrogator identified in the application;
implementation sequence which needs to be complied with;
optionally and associated with other alternatives: cluster recommendation;
specific operational restrictions, as required.
ANNEX III
II/SI code operation referred to in Article 3(2)
1. Mode S interrogators, when operating with an SI code and if enabled by an appropriate operational parameter, shall also acquire targets through all call replies which are encoded using the matching II code.
2. Mode S interrogators, when operating with an SI code and if enabled by an appropriate operational parameter, shall consider transponders replying with all call replies encoded using the matching II code as non-SI equipped transponders, irrespectively of the SI capability reported in the data link capability report defined in the document referred to in Annex I point 2.
3. Mode S interrogators, when operating with an SI code and if enabled by an appropriate operational parameter, shall interrogate transponders lacking SI code capability using the Mode S multisite lockout protocol messages foreseen for II code operation. The II code to be used shall be the matching II code.
4. Mode S interrogators, when operating with an SI code and if enabled by an appropriate operational parameter, shall be configurable by the operator to either:
5. Mode S interrogators, when operating with an II code and if enabled by an appropriate operational parameter, shall be configurable by the operator to either:
6. When the II/SI code operation is activated, the lockout maps shall not be taken into account for transponders lacking SI code capability.
ANNEX IV
Part A: Requirements for the assessment of the conformity or suitability for use of constituents of the systems referred to in Article 10
1. The verification activities shall demonstrate the conformity of constituents supporting II code and SI code lockout protocols and II/SI code operation with the interoperability and performance requirements of this Regulation, or their suitability for use whilst these constituents are in operation in the test environment.
2. The application by the manufacturer, or its authorised representative established in the Community, of the module described in Part B shall be considered as an appropriate conformity assessment procedure to ensure and declare the compliance of constituents. Equivalent or more stringent procedures are also authorised.
Part B: Internal production control module
1. This module describes the procedure whereby the manufacturer or its authorised representative established in the Community who carries out the obligations laid down in point 2, ensures, and declares that the constituents concerned satisfy the requirements of this Regulation. The manufacturer or his authorised representative established within the Community must draw up a written declaration of conformity or suitability for use in accordance with Annex III point 3 of Regulation (EC) No 552/2004.
2. The manufacturer must establish the technical documentation described in point 4 and he or his authorised representative established within the Community must keep it for a period ending at least 10 years after the last constituents has been manufactured at the disposal of the relevant national supervisory authorities for inspection purposes and at the disposal of the air navigation service providers that integrate these constituents in their systems. The manufacturer or its authorised representative established within the Community shall inform the Member States on where and how the above technical documentation can be made available.
3. Where the manufacturer is not established within the Community, he shall designate the person(s) who place(s) the constituents on the Community market. These person(s) shall inform the Member States on where and how the technical documentation can be made available.
4. Technical documentation must enable the conformity of the constituents with the requirements of this Regulation to be assessed. It must, as far as relevant for such assessment, cover the design, manufacture and operation of the constituents.
5. The manufacturer or his authorised representative must keep a copy of the declaration of conformity or suitability for use with the technical documentation.
ANNEX V
Conditions referred to in Article 11
1. The air navigation service provider must have in place reporting methods within the organisation which ensure and demonstrate impartiality and independence of judgement in relation to the verification activities.
2. The air navigation service provider must ensure that the personnel involved in verification processes, carry out the checks with the greatest possible professional integrity and the greatest possible technical competence and are free of any pressure and incentive, in particular of a financial type, which could affect their judgment or the results of their checks, in particular from persons or groups of persons affected by the results of the checks.
3. The air navigation service provider must ensure that the personnel involved in verification processes, have access to the equipment that enables them to properly perform the required checks.
4. The air navigation service provider must ensure that the personnel involved in verification processes, have sound technical and vocational training, satisfactory knowledge of the requirements of the verifications they have to carry out, adequate experience of such operations, and the ability required to draw up the declarations, records and reports to demonstrate that the verifications have been carried out.
5. The air navigation service provider must ensure that the personnel involved in verification processes, are able to perform their checks with impartiality. Their remuneration shall not depend on the number of checks carried out, or on the results of such checks.
ANNEX VI
Part A: Requirements for the verification of systems referred to in Article 11(1)
1. The verification of systems shall demonstrate the conformity of these systems with the interoperability, performance, contingency and safety requirements of this Regulation in an assessment environment that reflects the operational context of these systems. In particular, the verification of Mode S interrogators shall demonstrate:
2. The verification of systems identified in Article 1(2) shall be conducted in accordance with appropriate and recognised testing practices.
3. Test tools used for the verification of systems identified in Article 1(2) shall have appropriate functionalities.
4. The verification of systems identified in Article 1(2) of this Regulation shall produce the elements of the technical file required by Annex IV point 3 of Regulation (EC) No 552/2004, including the following elements:
5. The air navigation service provider shall manage the verification activities and shall in particular:
6. The air navigation service provider shall ensure that the systems identified in Article 1(2) operated in an operational assessment environment meet the interoperability, performance, contingency and safety requirements of this Regulation.
7. Upon satisfying completion of verification of compliance, air navigation service providers shall draw up the EC declaration of verification of system and submit it to the national supervisory authority together with the technical file as required by Article 6 of Regulation (EC) No 552/2004.
Part B: Requirements for the verification of systems referred to in Article 11(2)
1. The verification of systems shall demonstrate the conformity of these systems with the interoperability, performance, contingency and safety requirements of this Regulation in an assessment environment that reflects the operational context of these systems. In particular, the verification of Mode S interrogators shall demonstrate:
2. The verification of systems identified in Article 1(2) shall be conducted in accordance with appropriate and recognised testing practices.
3. Test tools used for the verification of systems identified in Article 1(2) shall have appropriate functionalities.
4. The verification of systems identified in Article 1(2) of this Regulation shall produce the elements of the technical file required by Annex IV point 3 of Regulation (EC) No 552/2004, including the following elements:
5. The air navigation service provider shall determine the appropriate operational and technical assessment environment reflecting the operational environment and shall have verification activities performed by a notified body.
6. The notified body shall manage the verification activities and shall in particular:
7. The notified body shall ensure that the implementation of information exchanges supporting the process of allocation and use of Mode S IC, integrated in systems operated in a simulated operational environment meets the interoperability, performance, contingency and safety requirements of this Regulation.
8. Upon satisfying completion of verification tasks, the notified body shall draw up a certificate of conformity in relation to the tasks it carried out.
9. Then, the air navigation service provider shall draw up the EC declaration of verification of system and submit it to the national supervisory authority together with the technical file as required by Article 6 of Regulation (EC) No 552/2004.
( 1 ) OJ L 335, 21.12.2005, p. 13.