
Article 1 
Annex II to Implementing Regulation (EU) No 1206/2011 is amended in accordance with Annex I to this Regulation.
Article 2 
Implementing Regulation (EU) No 1207/2011 is amended as follows:

((1)) in Article 2, paragraph 2 is replaced by the following:
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2. This Regulation shall apply to all flights operating as general air traffic in accordance with instrument flight rules within the Single European Sky airspace with the exception of Article 7(3) and 7(4) which shall apply to all flights operating as general air traffic';
((2)) in Article 4, paragraph 4 is deleted;
((3)) in Article 5, paragraphs 5 and 6 are replaced by the following:
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5. By 7 December 2020 operators shall ensure that:
(a) aircraft operating flights referred to in Article 2(2) are equipped with serviceable secondary surveillance radar transponders that comply with the following conditions:
((i)) they have the capabilities set out in Part A of Annex II;
((ii)) they have the continuity sufficient to avoid presenting an operational risk;
(b) aircraft with a maximum certified take-off mass exceeding 5 700 kg or having a maximum cruising true airspeed capability greater than 250 knots, operating flights referred to in Article 2(2), with an individual certificate of airworthiness first issued on or after 7 June 1995, are equipped with serviceable secondary surveillance radar transponders that comply with the following conditions:
((i)) they have the capabilities set out in Parts A and B of Annex II;
((ii)) they have the continuity sufficient to avoid presenting an operational risk;
(c) 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, operating flights referred to in Article 2(2), with an individual certificate of airworthiness first issued on or after 7 June 1995, are equipped with serviceable secondary surveillance radar transponders that comply with the following conditions:
((i)) they have the capabilities set out in Parts A, B and C of Annex II;
((ii)) they have the continuity sufficient to avoid presenting an operational risk.Points (b) and (c) of the first subparagraph shall not apply to aircraft that operate within the Single European Sky airspace and that belong to one of the following categories:
((i)) they are being flown to undergo maintenance;
((ii)) they are being flown for export;
((iii)) their operations will be ceased by 31 October 2025.Operators of aircraft with a first certificate of airworthiness issued before 7 December 2020 shall comply by 7 June 2023 with the requirements set out in points (b) and (c) of the first subparagraph, subject to the following conditions:
((i)) they have established before 7 December 2020 a retrofit programme demonstrating compliance with points (b) and (c) of the first subparagraph;
((ii)) those aircraft have not benefitted from any Union funding granted to bring such aircraft in compliance with the requirements set out in points (b) and (c) of the first subparagraph.For aircraft where the capability of the transponders to comply with the requirements of points (b) and (c) of the first subparagraph is temporarily inoperative, operators shall be entitled to operate that aircraft in the Single European Sky airspace for a maximum of 3 consecutive days.
6. Operators shall ensure that aircraft equipped in accordance with paragraph 5 and having a maximum certified take-off mass exceeding 5 700 kg or having a maximum cruising true airspeed capability greater than 250 knots, operate with antenna diversity, with a minimum performance as prescribed in paragraph 3.1.2.10.4 of Annex 10 to the Chicago Convention, Volume IV, Third Edition, including all amendments up to No 77.';
((4)) in Article 5, paragraph 7 is deleted;
((5)) in Article 6, paragraph 2 is deleted;
((6)) in Article 7, paragraph 2 is deleted;
((7)) in Article 7, paragraph 3 is replaced by the following:
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3. Member States shall ensure that the assignment of 24-bit ICAO aircraft addresses to aircraft equipped with a Mode S transponder complies with Chapter 9 and its appendix of Annex 10 to the Chicago Convention, Volume III, Second Edition including all amendments up to No 90.';
((8)) in Article 8, paragraphs 1 and 2 are replaced by the following:
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1. Member States shall ensure that, by 7 December 2020 at the latest, State aircraft comply with point (a) of Article 5(5).
2. Member States shall ensure that, by 7 December 2020 at the latest, transport-type State aircraft comply with point (c) of Article 5(5).';
((9)) in Article 8, the following paragraph 8 is inserted:
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8. For State aircraft where the capability of the transponders to comply with the requirements of paragraphs 1 and 2 is temporarily inoperative, Member States shall be entitled to allow the operation of that aircraft in the Single European Sky airspace for a maximum of 3 consecutive days.';
((10)) Article 14 is deleted;
((11)) the following Article 14a is inserted:
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Article 14a 
Operators of non-equipped State aircraft communicated as per Article 8(3) and operators of aircraft not equipped in accordance with Article 5(5) operating within the Single European Sky airspace, shall include the indicators SUR/EUADSBX or SUR/EUEHSX or SUR/EUELSX or a combination thereof, in Item 18 of the flight plan.';
((12)) Annex II is amended in accordance with Annex II to this Regulation;
((13)) Annex IV is amended in accordance with Annex III to this Regulation.
Article 3 
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, 29 April 2020.
For the Commission
The President
Ursula VON DER LEYEN
ANNEX I

Point 3 of Annex II to Implementing Regulation (EU) No 1206/2011 is amended as follows:

((1)) point (c) is replaced by the following:
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(c) an aircraft which is eligible for the assignment of the conspicuity code established in accordance with point (c) of Article 4(6) exits or is otherwise diverted outside the airspace volume referred to in point (1);';
((2)) the following point (d) is added:
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(d) State aircraft engaged on nationally sensitive operations or training, that require security and confidentiality.'.

ANNEX II

Annex II to Implementing Regulation (EU) No 1207/2011 is amended as follows:

((1)) Part A is amended as follows:

((a)) point 1 is replaced by the following:
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1. The minimum capability for the secondary surveillance transponder shall be Mode S Level 2 meeting the performance and functionality criteria of Annex 10 to the Chicago Convention, Volume IV, Third Edition including all amendments up to No 77.';
((b)) point 5 is replaced by the following:
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5. The data items referred to in point 4 shall only be transmitted by the transponder via the Mode S protocol. The aircraft and equipment certification process shall cover the transmission of those data items.';
((c)) point 6 is deleted;
((2)) Part B is amended as follows:

((a)) point 1 is replaced by the following:
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1. The minimum capability for the secondary surveillance transponder shall be Mode S Level 2 meeting the performance and functionality criteria of Annex 10 to the Chicago Convention, Volume IV, Third Edition including all amendments up to No 77.';
((b)) point 15 is replaced by the following:
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15. Except for military reserved formats, the data items referred to in point 14 shall only be transmitted by the transponder via the extended squitter ADS-B protocol. The aircraft and equipment certification process shall cover the transmission of these data items.';
((c)) point 16 is deleted;
((3)) Part C is amended as follows:

((a)) in point 2, the introductory phrase is replaced by the following:
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2. The following data items, where available on a digital bus, shall be transmitted by the transponder as requested by the ground-based surveillance chain, via the Mode S protocol and in accordance with the formats specified in ICAO document 9871 (2nd edition):';
((b)) point 4 is replaced by the following:
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4. The data items referred to in point 3 shall only be transmitted by the transponder via the Mode S protocol. The aircraft and equipment certification process shall cover the transmission of these data items.'.

ANNEX III

Annex IV to Implementing Regulation (EU) No 1207/2011 is replaced by the following:
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ANNEX IV 
Formal arrangements between air navigation service providers for the exchange or provision of surveillance data shall include the following minimum content:


((a)) the parties to the arrangements;
((b)) the period of validity of the arrangements;
((c)) the scope of the surveillance data;
((d)) the sources of the surveillance data;
((e)) the exchange format of the surveillance data;
((f)) the service delivery point of the surveillance data;
((g)) agreed service levels in terms of the following;

— surveillance data performance as established by Article 4(3)
— procedures in case of unserviceability;
((h)) change management procedures;
((i)) reporting arrangements with respect to performance and availability including unforeseen outage;
((j)) management and coordination arrangements;
((k)) ground-based surveillance chain safeguarding and notification arrangements.
'.
