EU Regulation 1079/2012 requires aircraft owners to equip their aircraft with 8.33 kHz capable radios within the next years. January 1st 2014 was already the deadline for all IFR aircraft, they need to be 8,33 capable if they want to operate in airspace C, B and A. Whereas European rules require only one 8.33 capable radios for aircraft used in non-commercial operations, the German DoT tries now to make two 8,33 capable radios mandatory in German airspace C, in Germany there is no any A or B airspace. As a consequence all German airspace above FL100, which is C airspace, and the terminal areas of the busier German airports (also C) would no longer be available for aircraft although being equipped in accordance with European regulations.
AOPA Germany asked the BAF (German Supervisory Authority for ATC) already in last year´s March, how they will handle the new 8.33 requirement, one or two radios, but so far no binding answer is received, only the promise that stakeholders will be consulted. Also from the European Commission AOPA Germany has not received clear answer. Now the German DoT wants to jump in and make two 8,33 radios mandatory without the required consultation process. AOPA Germany will not accept this treatment, which will make German airspace to a no-fly-zone for many non-commercial European IFR operations. The attitude of the German DoT is clearly against the idea of a Single European Sky.