Article 3f Use of the single European sky airspace

1.In the context of spectrum protection, the Member States shall ensure that a secondary surveillance radar transponder on board any aircraft flying over a Member State is not subject to excessive interrogations that are transmitted by ground-based surveillance interrogators and which either elicit replies, or whilst not eliciting a reply, are of sufficient power to exceed the minimum threshold level of the receiver of the secondary surveillance radar transponder. In the event of disagreement between Member States regarding necessary measures, the Member States concerned shall bring the matter to the Commission for action.

2.Member States shall ensure that all voice frequency assignments are converted to an 8,33 kHz channel spacing. The conversion requirements shall not apply to frequency assignments:

(a)which will remain within the 25 kHz channel spacing on the following frequencies:

(1)the emergency frequency (121,5 MHz);

(2)the auxiliary frequency for search and rescue operations (123,1 MHz);

(3)the VHF digital link (VDL) frequencies assigned to be used within the Single European Sky airspace;

(4)the aircraft communications addressing and reporting system (ACARS) frequencies (131,525 MHz, 131,725 MHz and 131,825 MHz);

(b)where offset carrier operation within a 25 kHz channel spacing is used.

3.The requirements laid down in paragraph 2 shall not apply neither in the Single European Sky airspace that is not part of ICAO EUR Region nor in the Canarias Flight Information Region (FIR)/Upper Information Region (UIR).

4.The exemptions from the obligation to ensure that all frequency assignments are converted to 8,33 kHz channel spacing for cases having limited impact on the network granted by the Member States pursuant to Article 14(2) of Implementing Regulation (EU) No 1079/2012 that were communicated to the Commission shall remain valid.

5.Member States shall establish and publish in national aeronautical information publications, where applicable, the procedures for the handling of aircraft which are not equipped with:

(a)secondary surveillance radar Mode-S transponders;

(b)radios having the 8,33 kHz channel spacing capability.