Lobbying by European Cargo Alliance

Thank you for allowing ASL Airlines Belgium (ASLB) to comment on the Draft Commission Regulation (EU) that will amend Implementing Regulations (EU) No 1206/2011 and No 1207/2011 ASLB intends to implement ADS-B Out capability on 23 off B737-400 aircraft in full cargo configuration. These aircraft fall under the category detailed in Article 5, paragraph 5, item (c) of “amended” Implementing regulation (EC) No 1207/2011. The modification process has already started but due to maintenance slots availability ASLB would like to make use of the extension policy laid out in Article 5 of said (EC) No 1207/2011, by which compliance deadline is stablished as 07 June 2023 under certain conditions. ASLB complies with condition in para (i) as a retrofit program is in place. However, ASLB would like clarification on its compliance with condition (ii) ASLB will benefit from Union funding granted by the European Global Navigation Satellite Systems Agency (GSA), under an Agreement already signed by both parties starting on the 1 May 2019 and running for 25 months until the 31 May 2021. Funds granted will be transferred by the GSA to ASLB along said period, with the final payment made after the end date. The GSA will audit during and after the end date ASLB compliance with the Agreement conditions. The GSA has the right to cancel the Agreement and claim back funds transferred if the final audit outcome is not satisfactory. As such, ASLB understands it will not formally benefit from Union funding to bring its fleet in compliance with requirements of Article 5 para 5 (c) until the Agreement with the GSA Agency is fully audited and closed. And it therefore can extend the modification plan up until the 31 May 2021 whilst still complying with condition (ii) on page 3 of the Draft Commission regulation (EU). ASL Airlines Belgium herewith request the European Commission to confirm its interpretation of condition (ii) for compliance extension is right, and shared by the Commission.

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