AMC3 Article 5 Interoperability requirements

CAA ORS9 Decision No. 1

TRANSITIONAL ARRANGEMENTS

Operators of aircraft whose certificate of airworthiness (CofA) was first issued before 7 December 2020 and their aircraft cannot be equipped with secondary surveillance radar transponders that have Mode S EHS and/or ADS-B capabilities by 7 December 2020, may defer the required modification until 7 June 2023. To defer the modification, aircraft operators should comply with both of the following conditions:

— demonstrate, by means of a retrofit plan, full commitment to achieving compliance by 7 June 2023; and

— have not received European Union funding to retrofit their aircraft with Mode S EHS and/or ADS-B capabilities as required by Article 5 of UK Regulation (EU) No 1207/2011.

The retrofit plan should contain installation dates for all affected aircraft, including the necessary supporting documentation to show that the planned installation dates are viable. The supporting documentation should include:

— the required engineering documentation;

— the contractual agreements and delivery schedules for the applicable equipment; and

— the contractual agreements with maintenance organisations for the installation.

For operators of aircraft for which no approved engineering documentation that meets the requirements of CS-ACNS is available on the market prior to 7 December 2020, the retrofit plan may consist of a plan to identify and establish the appropriate engineering documentation and contractual agreements to have the required equipment installed on the affected aircraft and approved by 7 June 2023.

As the retrofit plan requires supporting evidence that demonstrates the aircraft operators’ firm commitment, amendments to such a plan should not be necessary. However, in principle, duly justified amendments to the plan may be possible if the completion of the installation prior to 7 June 2023 is evident in the revised supporting documentation, such as a revised contractual arrangement with avionics suppliers and maintenance organisations.

To benefit from the transitional arrangements, aircraft operators are not formally required to submit the retrofit plans to their competent authority or to any other entity. Aircraft operators should have such a plan in place prior to 7 December 2020 and make it available upon request to their competent authority.

Aircraft operators that have received European Union funding to retrofit specific aircraft, should complete the installation of the required systems prior to 7 December 2020. However, if aircraft operators wish to benefit from the transitional arrangements until 7 June 2023, they should return that funding to the European Union prior to 7 December 2020. Furthermore, those aircraft operators should fulfil the conditions for the establishment of a retrofit plan.