ACAS Requirement in EUR Region

[giord]

Hi,

according to ICAO Doc 7030: ACAS II Shall be carried and operated in the EUR Region (and the Canarias FIR) by all turbine engined aeroplanes having a maximum certified take-off mass exceeding 5700 kg etc..
According to EASA CR 1332/2011 ACAS May be inoperative for a maximum of 10 calendar days provided:
a) ACAS is deactivated
b) operating procedures do not require its use

Question: following an in-flight TCAS failure do we still comply with points a) and b) ?

Thanks

[FlightDetent]

In-flight is not an issue. Dispatch can be a lot of paperwork with seemingly conflicting guidance.