# L_2020043EN.01007201.xml

| 17.2.2020 | EN | Official Journal of the European Union | L 43/72 |
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17.2.2020

EN

Official Journal of the European Union

L 43/72

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COMMISSION IMPLEMENTING REGULATION (EU) 2020/208

of 14 February 2020

amending Regulation (EC) No 29/2009 laying down requirements on data link services for the single European sky

(Text with EEA relevance)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EU) 2018/1139 of the European Parliament and of the Council of 4 July 2018 on common rules in the field of civil aviation and establishing a European Union Aviation Safety Agency, and amending Regulations (EC) No 2111/2005, (EC) No 1008/2008, (EU) No 996/2010, (EU) No 376/2014 and Directives 2014/30/EU and 2014/53/EU of the European Parliament and of the Council, and repealing Regulations (EC) No 552/2004 and (EC) No 216/2008 of the European Parliament and of the Council and Council Regulation (EEC) No 3922/91 (1), and in particular point (a) of Article 44(1) thereof,

Whereas:

| (1) | Commission Regulation (EC) No 29/2009 (2) laying down requirements on data link services for the single European sky requires the use of specific operational methods related to the exchange of data between airborne and ground equipment. Such operational methods have to be implemented in a uniform way to ensure interoperability and seamless operations. |
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(1)

Commission Regulation (EC) No 29/2009 (2) laying down requirements on data link services for the single European sky requires the use of specific operational methods related to the exchange of data between airborne and ground equipment. Such operational methods have to be implemented in a uniform way to ensure interoperability and seamless operations.

| (2) | EUROCAE ED-120 ‘Safety and Performance Requirements Standard for Air Traffic Data Link Services in Continental Airspace’ was recently revised to remove any reference to Downlink Message (DM) 89 ‘MONITORING [unit name] [frequency]’ as being required to support data link operations. The current reference to ED-120 included in Regulation (EC) No 29/2009 is no longer appropriate to reflect the evolution of standards and operational principles, and to support the data link operation of certified aircraft with increased ATM functionalities. |
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(2)

EUROCAE ED-120 ‘Safety and Performance Requirements Standard for Air Traffic Data Link Services in Continental Airspace’ was recently revised to remove any reference to Downlink Message (DM) 89 ‘MONITORING [unit name] [frequency]’ as being required to support data link operations. The current reference to ED-120 included in Regulation (EC) No 29/2009 is no longer appropriate to reflect the evolution of standards and operational principles, and to support the data link operation of certified aircraft with increased ATM functionalities.

| (3) | Therefore, the minimum technical standards laid down in Regulation (EC) No 29/2009, to which aircraft operators are to comply, should be amended accordingly. |
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(3)

Therefore, the minimum technical standards laid down in Regulation (EC) No 29/2009, to which aircraft operators are to comply, should be amended accordingly.

| (4) | The measures provided for in this Regulation are in accordance with the opinion of the Committee established by Article 127(1) of Regulation (EU) 2018/1139, |
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(4)

The measures provided for in this Regulation are in accordance with the opinion of the Committee established by Article 127(1) of Regulation (EU) 2018/1139,

HAS ADOPTED THIS REGULATION:

Article 1

Annex III to Regulation (EC) No 29/2009 is amended in accordance with the Annex to this Regulation.

Article 2

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 14 February 2020.

For the Commission

The President

Ursula VON DER LEYEN

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(1)  
  OJ L 212, 22.8.2018, p. 1.

1

(2)  Commission Regulation (EC) No 29/2009 of 16 January 2009 laying down requirements on data link services for the single European sky (OJ L 13, 17.1.2009, p. 3).

2

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ANNEX

In Annex III to Regulation (EC) No 29/2009, paragraph 11 is replaced by the following:

| ‘11. | Eurocae ED-120 Safety and Performance Requirements Standard for Air Traffic Data Link Services in Continental Airspace, published in May 2004, including:






  (a) | for operators:






  — | Change 1, published in April 2007, and Change 2, published in October 2007, or |
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‘11.

(a)

for operators:

—

Change 1, published in April 2007, and Change 2, published in October 2007, or

| — | Change 1, published in April 2007, Change 2, published in October 2007, and Change 3, published in September 2019; |
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—

Change 1, published in April 2007, Change 2, published in October 2007, and Change 3, published in September 2019;

| (b) | for ATS providers:






  — | Change 1, published in April 2007, Change 2, published in October 2007, and Change 3, published in September 2019.’ |
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(b)

for ATS providers:

—

Change 1, published in April 2007, Change 2, published in October 2007, and Change 3, published in September 2019.’

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