COMMISSION REGULATION (EC) No 29/2009
of 16 January 2009
laying down requirements on data link services for the single European sky
(Text with EEA relevance)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Regulation (EC) No 552/2004 of the European Parliament and of the Council of 10 March 2004 on the interoperability of the European Air Traffic Management Network (the interoperability Regulation) (1) and in particular Article 3(1) thereof,
Having regard to Regulation (EC) No 549/2004 of the European Parliament and of the Council of 10 March 2004 laying down the framework for the creation of the single European sky (the framework Regulation) (2), and in particular Article 8(2) thereof,
Whereas:
(1)
Observed and expected increases in air traffic levels within Europe require parallel increases in air traffic control capacity. This leads to a demand for operational improvements, in particular to improve efficiency of communications between controllers and pilots. Voice communications channels are becoming progressively congested and should be supplemented by air-ground data link communications.
(2)
A number of studies and trials performed within the Community and Eurocontrol confirmed the capability of data link services to enable the provision of additional air traffic control capacity. These services should be introduced in a coordinated manner to optimise the potential benefits arising from them.
(3)
Eurocontrol has been mandated in accordance with Article 8(1) of Regulation (EC) No 549/2004 to develop requirements for the coordinated introduction of data link services. This Regulation is based on the resulting mandate report of 19 October 2007.
(4)
This Regulation should not cover military operations and training as referred to in Article 1(2) of Regulation (EC) No 549/2004.
(5)
The early introduction of data link services to complement voice controller pilot communications in the en route phase is foreseen by the European Air Traffic Management Master Plan (the ATM Master Plan) resulting from the definition phase of the SESAR project based on Council Regulation (EC) No 219/2007 of 27 February 2007 on the establishment of a Joint Undertaking to develop the new generation European air traffic management system (SESAR) (3).
(6)
Data link services should be introduced in continuous and homogeneous parts of the airspace in the single European sky, starting with high density upper airspace. Considering the importance of data link services for the further development of the European Air Traffic Management Network (hereinafter EATMN), their use should be progressively expanded to the largest part of the airspace of the single European sky as defined in Article 1(3) of Regulation (EC) No 551/2004 of the European Parliament and of the Council of 10 March 2004 on the organisation and use of the airspace in the single European sky (the airspace Regulation) (4).
(7)
A significant number of data link services have been defined by the International Civil Aviation Organisation (hereinafter ICAO) and by the European Organisation for Civil Aviation Equipment (hereinafter Eurocae). Only those which have been sufficiently validated at Eurocontrol level should be the subject of mandatory introduction, based on the standards defined by these organisations.
(8)
Traffic capacity increase enabled by data link services is dependent upon the percentage of flights operated with data link capability. A significant percentage of flights, not less than 75 %, should be equipped with such capability in order to allow sufficient capacity increase.
(9)
Operators need sufficient notice to equip their aircraft with new capabilities, both for new aircraft and for existing fleet. This should be taken into account when setting dates for mandatory equipment.
(10)
A number of aircraft, mainly for long haul oceanic operations, have already been equipped with data link capability using standards known as Future Air Navigation Systems (FANS) 1/A. It would not be economically justified to request operators to install further data link equipment on such aircraft to comply with the requirements of this Regulation. However, convergence should be achieved in the longer term between technical solutions used for oceanic operations and those defined by this Regulation. A suitable date should therefore be set in this respect.
(11)
The conditions for the dispatch of an aircraft with data link constituents temporarily inoperative should be specified in the applicable minimum equipment list required by Annex III to Council Regulation (EEC) No 3922/91 of 16 December 1991 on the harmonisation of technical requirements and administrative procedures in the field of civil aviation (5) and by Regulation (EC) No 216/2008 of the European Parliament and of the Council of 20 February 2008 on common rules in the field of civil aviation and establishing a European Aviation Safety Agency, and repealing Council Directive 91/670/EEC, Regulation (EC) No 1592/2002 and Directive 2004/36/EC (6) and its implementing rules.
(12)
Criteria for possible exemption, based in particular on economic or compelling technical considerations, should be identified allowing operators exceptionally not to equip specific types of aircraft with data link capability.
(13)
Transport type State aircraft represent the largest category of State aircraft flying as general air traffic in the airspace in which this Regulation applies. When Member States decide to equip such type of new aircraft with data link capability relying upon standards which are not specific to military operational requirements, they should implement technical solutions complying with this Regulation.
(14)
The uniform application within the airspace of the single European sky of specific procedures relating to the use of data link is critical for the achievement of interoperability and seamless operations.
(15)
ICAO has defined standardised air-ground applications context management (hereinafter CM) and controller-pilot data link communications (hereinafter CPDLC) for the introduction of data link services. Air traffic service providers and operators should support these applications and use a common standardised message set to ensure end-to-end interoperable implementations of data link services.
(16)
Several communication protocols can be used for exchanging data between air-ground applications. However a common set should be deployed as a minimum on the ground side to secure overall interoperability within the airspace of applicability of this Regulation. The protocols defined by ICAO based on the Aeronautical Telecommunication Network (hereinafter ATN) and the very high frequency digital link Mode 2 (hereinafter VDL 2) are currently considered to be the only validated solution for harmonised deployment. Member States should therefore ensure the availability of this solution.
(17)
ICAO supplementary regional procedures applicable in Europe are being modified in order to permit the mandatory carriage of data link constituents in the airspace of some Member States.
(18)
The possibility should be left for operators and organisations providing communication services for the exchange of data between air-ground applications to use different protocols other than ATN/VDL 2. These protocols should, however, comply with appropriate requirements ensuring that the end-to-end interoperability between air traffic services units and aircraft is maintained.
(19)
Air traffic service (hereinafter ATS) providers may choose to rely upon other organisations for the provision of air-ground data link communications services. To ensure appropriate safety, security and efficiency of these services, service level agreements should in this case be established between the parties concerned.
(20)
In order to ensure end-to-end interoperability of data link services, aircraft and ATS units with data link capability should be able to establish data link communications irrespective of the arrangements made by operators and ATS providers to ensure the availability of air-ground communications services. Appropriate measures should therefore be taken to this effect.
(21)
The information about the data link capability of flights should be included in the flight plan, processed and transmitted between the ATS units. The logon information allowing the use of air-ground data link applications and the possibility for the next ATS unit to start exchanging data with aircraft should also be processed and transmitted between ATS units.
(22)
Measures should be taken by air navigation service providers and other entities providing air-ground data link communications services to ensure appropriate security of information exchanges.
(23)
The quality of service of air-ground data link communications should be regularly monitored by ATS providers.
(24)
A common addressing scheme should be used to identify in an unambiguous manner all air and ground stations concerned by data link exchanges.
(25)
With a view to maintaining or enhancing existing safety levels of operations, Member States should be required to ensure that the parties concerned carry out a safety assessment, including hazard identification, risk assessment and mitigation processes.
(26)
In accordance with Article 3(3)(d) of Regulation (EC) No 552/2004, implementing rules for interoperability should describe the specific conformity assessment procedures to be used to assess the conformity or suitability for use of constituents as well as the verification of systems.
(27)
The measures provided for in this Regulation are in accordance with the opinion of the Single Sky Committee,
HAS ADOPTED THIS REGULATION:
Article 1
Subject matter and scope
1. This Regulation lays down requirements for the coordinated introduction of data link services based on air-ground point-to-point data communications as defined in Article 2(5).
2. This Regulation shall apply to:
(a)
flight data processing systems, their constituents and associated procedures, and human-machine interface systems, their constituents and associated procedures, serving air traffic control units providing services to general air traffic;
(b)
airborne human-machine interface constituents and associated procedures;
(c)
air-ground communication systems, their constituents and associated procedures.
3. This Regulation shall apply to all flights operating as general air traffic in accordance with instrument flight rules within the airspace above FL 285 defined in Annex I, Part A.
In addition, it shall apply from 5 February 2015 to all flights operating as general air traffic in accordance with instrument flight rules within the airspace above FL 285 defined in Annex I, Part B.
4. This Regulation shall apply to air traffic service providers (hereinafter ATS providers) providing services to general air traffic within the airspace referred to in paragraph 3 and in accordance with the relevant dates of application.
Article 2
Definitions
For the purpose of this Regulation the definitions in Article 2 of Regulation (EC) No 549/2004 shall apply.
The following definitions shall also apply:
1.
‘data link service’ means a set of related air traffic management transactions, supported by air-ground data link communications, which have a clearly defined operational goal and begin and end on an operational event;
2.
‘operator’ means a person, organisation or enterprise engaged in, or offering to engage in, an aircraft operation;
3.
‘air traffic services unit’ (hereinafter ATS unit) means a unit, civil or military, responsible for providing air traffic services;
4.
‘service level agreement’ means that part of a service contract between organisations in which a certain level of service is agreed, in particular in relation to the quality and performance of the data communications service;
5.
‘air-ground point-to-point data communication’ means a two-way communication between an aircraft and a ground communication entity relying upon a set of distributed functions to achieve:
(a)
the transmission and reception of uplink and downlink bit frames over a mobile data link between ground and aircraft communication systems;
(b)
the transmission and reception of data units between ground and aircraft systems hosting the air-ground applications with:
(i)
the relay of data units throughout ground communication paths and mobile data links;
(ii)
the cooperative mechanisms of both ends for the transport of data units;
6.
‘State aircraft’ means any aircraft used for military, customs and police;
7.
‘transport type State aircraft’ means fixed wing State aircraft that are designed for the purpose of transporting persons and/or cargo;
8.
‘air-ground application’ means a set of cooperative air-ground functions in support of air traffic services;
9.
‘end-to-end communication’ means the transfer of information between peer air-ground applications;
10.
‘air-ground communication’ means a two-way communication between aircraft and ground communication systems;
11.
‘security policy’ means a set of objectives, rules of behaviour for users and administrators, and requirements for system configuration and management that collectively are designed to safeguard systems and communication resources concerned with the provision of data link services against acts of unlawful interference;
12.
‘addressing information’ means information pertaining to the system or network address of an entity participating in air-ground data link communication and enabling the location of the entity to be unambiguously determined;
13.
‘integrated initial flight plan processing system’ (hereinafter IFPS) means a system within the European Air Traffic Management Network through which a centralised flight planning processing and distribution service, dealing with the reception, validation and distribution of flight plans, is provided within the airspace covered by this Regulation;
14.
‘inoperative’ in relation to an airborne constituent means that the constituent does not accomplish its intended purpose or is not consistently functioning within its operating limits or tolerances.
Article 3
Data link services
1. ATS providers shall ensure that ATS units providing air traffic services within the airspace referred to in Article 1(3) have the capability to provide and operate the data link services defined in Annex II.
2. Without prejudice to paragraph 4 of this Article, operators shall ensure that aircraft operating flights referred to in Article 1(3) with an individual certificate of airworthiness first issued on or after 1 January 2011 have the capability to operate the data link services defined in Annex II.
3. Without prejudice to paragraph 4 of this Article, operators shall ensure that aircraft operating flights referred to in Article 1(3) with an individual certificate of airworthiness first issued before 1 January 2011 have the capability to operate the data link services defined in Annex II as from 5 February 2015.
4. Paragraphs 2 and 3 shall not apply to the following:
(a)
aircraft with an individual certificate of airworthiness first issued before 1 January 2014 and fitted with data link equipment certified against the requirements of one of the Eurocae documents specified in point 10 of Annex III;
(b)
aircraft which have an individual certificate of airworthiness first issued before 1 January 1998 and which will cease operation in the airspace referred to in Article 1(3) by 31 December 2017;
(c)
State aircraft;
(d)
aircraft flying in the airspace referred to in Article 1(3) for testing, delivery or for maintenance purposes or with data link constituents temporarily inoperative under conditions specified in the applicable minimum equipment list required by point 1 of Annex III to this Regulation and by Regulation (EC) No 216/2008 and its implementing rules.
5. Member States which decide to equip new transport type State aircraft entering into service from 1 January 2014 with data link capability relying upon standards which are not specific to military operational requirements, shall ensure that those aircraft have the capability to operate the data link services defined in Annex II.
Article 4
Associated procedures
ATS providers providing air traffic services and operators using air traffic services supported by the data link services defined in Annex II shall apply common standardised procedures consistent with relevant provisions of the International Civil Aviation Organisation (hereinafter ICAO) for:
1.
the establishment of controller - pilot data link communications (hereinafter CPDLC);
2.
the exchange of operational CPDLC messages;
3.
the transfer of CPDLC;
4.
the temporary discontinuation of the use of CPDLC pilot requests;
5.
failure and shutdown of CPDLC;
6.
the filing of flight plans regarding information pertaining to data link capability.
Article 5
Obligations of ATS providers for data link communications
1. ATS providers shall ensure that the ground systems referred to in Article 1(2) and their constituents support the air-ground applications defined in the ICAO standards specified in points 2 and 3 of Annex III.
2. ATS providers shall ensure that the ground systems referred to in Article 1(2)(c) and their constituents apply end-to-end communications in compliance with the requirements of Part A of Annex IV for data exchanges of the air-ground applications defined in the ICAO standards specified in points 2 and 3 of Annex III.
3. ATS providers that rely upon other organisations for the provision of communication services for data exchanges with aircraft which are necessary for air-ground applications defined in the ICAO standards specified in points 2 and 3 of Annex III shall ensure that those services are provided in accordance with the terms and conditions of a service level agreement, including in particular:
(a)
the description of communication services in accordance with the requirements of the data link services defined in Annex II;
(b)
the description of the security policy put in place to secure data exchanges of the air-ground applications defined in the ICAO standards specified in points 2 and 3 of Annex III;
(c)
the relevant materials to be supplied for the monitoring of the quality of service and performances of communication services.
4. ATS providers shall make appropriate arrangements to ensure that data exchanges can be established with all aircraft flying in the airspace under their responsibility and having data link capability in accordance with the requirements of this Regulation, with due regard to possible coverage limitations inherent in the communication technology used.
5. ATS providers shall implement in their flight data processing systems the log on forward and next authority notification processes between ATC units in accordance with Commission Regulation (EC) No 1032/2006 (7) as far as the requirements for automatic systems for the exchange of flight data supporting data link services are concerned.
6. ATS providers shall monitor the quality of service of communication services and verify their conformance with the level of performance required for the operational environment under their responsibility.
Article 6
Obligations of operators for data link communications
1. Operators shall ensure that airborne systems referred to in Article 1(2)(c) and their constituents installed on-board aircraft referred to in Article 3(2) and (3) support the air-ground applications defined in the ICAO standards specified in points 2 and 3 of Annex III.
2. Operators shall ensure that airborne systems referred to in Article 1(2)(c) and their constituents installed on-board aircraft referred to in Article 3(2) and (3) apply end-to-end communications in compliance with the requirements of Part A of Annex IV for data exchanges of the air-ground applications defined in the ICAO standards specified in points 2 and 3 of Annex III.
3. Operators shall ensure that airborne systems referred to in Article 1(2)(c) and their constituents installed on-board aircraft referred to in Article 3(2) and (3) apply air-ground communications in compliance with the requirements of Part B or Part C of Annex IV for data exchanges of the air-ground applications defined in the ICAO standards specified in points 2 and 3 of Annex III.
4. Operators referred to in paragraph 3 shall make appropriate arrangements to ensure that data exchanges can be established between their aircraft having data link capability and all ATS units which may control the flights they operate in the airspace referred to in Article 1(3), with due regard to possible coverage limitations inherent in the communication technology used.
Article 7
General obligations of Member States for data link communications
1. Member States which have designated ATS providers in the airspace referred to in Article 1(3) shall ensure that air-ground communications services applying the requirements of Part B of Annex IV are available to operators for aircraft flying within that airspace under their responsibility for data exchanges of the air-ground applications defined in the ICAO standards specified in points 2 and 3 of Annex III, with due regard to possible coverage limitations inherent in the communication technology used.
2. Member States shall ensure that air navigation service providers and other entities providing communication services implement an appropriate security policy for data exchanges of the data link services defined in Annex II, notably by applying common security rules to protect distributed physical resources supporting those data exchanges.
3. Member States shall ensure that harmonised procedures apply for the management of addressing information in order to unambiguously identify air and ground communications systems supporting data exchanges of the air-ground applications defined in the ICAO standards specified in points 2 and 3 of Annex III.
Article 8
Data link communication for transport type State aircraft
1. Member States shall ensure that airborne systems referred to in Article 1(2)(c) and their constituents installed on-board transport type State aircraft referred to in Article 3(5) support the air-ground applications defined in the ICAO standards specified in points 2 and 3 of Annex III.
2. Member States shall ensure that airborne systems referred to in Article 1(2)(c) and their constituents installed on-board transport type State aircraft referred to in Article 3(5) apply end-to-end communications in compliance with requirements of Part A of Annex IV for data exchanges of the air-ground applications defined in the ICAO standards specified in points 2 and 3 of Annex III.
3. Member States shall ensure that airborne systems referred to in Article 1(2)(c) and their constituents installed on-board transport type State aircraft referred to in Article 3(5) apply air-ground communications in compliance with requirements specified in Part B or Part C of Annex IV for data exchanges of the air-ground applications defined in the ICAO standards specified in points 2 and 3 of Annex III.
Article 9
Obligations of air navigation services providers and other entities for data link communications
Air navigation service providers and other entities providing communication services for data exchanges of the air-ground applications defined in the ICAO standards specified in points 2 and 3 of Annex III shall ensure that the ground systems referred to in Article 1(2)(c) apply air-ground communications in compliance with requirements of Part B or Part C of Annex IV.
Article 10
Safety requirements
Member States shall take the necessary measures to ensure that any changes to the existing systems referred to in Article 1(2) or the introduction of new systems are preceded by a safety assessment, including hazard identification, risk assessment and mitigation, conducted by the parties concerned.
Article 11
Conformity or suitability for use of constituents
Before issuing an EC declaration of conformity or suitability for use referred to in Article 5 of Regulation (EC) No 552/2004, manufacturers of constituents of the systems referred to in Article 1(2) of this Regulation, or their authorised representatives established in the Community, shall assess the conformity or suitability for use of those constituents in accordance with the requirements set out in Annex V.
However, certification airworthiness processes complying with Regulation (EC) No 216/2008, when applied to airborne constituents referred to in Article 1(2)(b) and (c) of this Regulation, shall be considered acceptable procedures for the conformity assessment of those constituents if they include the demonstration of compliance with the interoperability, performance and safety requirements of this Regulation.
Article 12
Verification of systems
1. Air navigation service providers who demonstrate or have demonstrated that they fulfil the conditions set out in Annex VI shall conduct a verification of the systems referred to Article 1(2)(a) and (c) in compliance with the requirements set out in Part A of Annex VII.
2. Air navigation service providers which cannot demonstrate that they fulfil the conditions set out in Annex VI shall subcontract to a notified body a verification of the systems referred to in Article 1(2)(a) and (c). That verification shall be conducted in accordance with the requirements set out in Part B of Annex VII.
Article 13
Additional requirements
1. ATS providers shall ensure that air-ground data exchanges of the air-ground applications defined in the ICAO standards specified in points 2 and 3 of Annex III, are recorded in accordance with the ICAO standards specified in points 6, 7 and 8 of Annex III, insofar as they relate to the ground-based recording function of data link communications.
2. The Eurocae document specified in point 9 of Annex III shall be considered sufficient means of compliance with regard to the requirements for recording of air-ground data exchanges referred to in paragraph 1 identified in the ICAO standards specified in points 6, 7 and 8 of Annex III.
3. ATS providers shall:
(a)
develop and maintain operations manuals containing the necessary instructions and information to enable all personnel concerned to apply this Regulation;
(b)
ensure that the manuals referred to in point (a) are accessible and kept up to date and that their update and distribution are subject to appropriate quality and documentation configuration management;
(c)
ensure that the working methods and operating procedures comply with this Regulation.
4. Member States shall take the necessary measures to ensure that the centralised flight planning processing and distribution service:
(a)
develops and maintains operations manuals containing the necessary instructions and information to enable all personnel concerned to apply this Regulation;
(b)
ensures that the manuals referred to in point (a) are accessible and kept up to date and that their update and distribution are subject to appropriate quality and documentation configuration management;
(c)
ensures that the working methods and operating procedures comply with this Regulation.
5. Air navigation service providers shall ensure that all personnel concerned are made duly aware of the relevant provisions of this Regulation and that they are adequately trained for their job functions.
6. Operators shall take the necessary measures to ensure that the personnel operating data link equipment are made duly aware of this Regulation and that they are adequately trained for their job functions, and that instructions about how to use data link equipment are available in the cockpit where feasible.
7. Member States shall take the necessary measures to ensure that the personnel involved in flight planning who operate the IFPS are made duly aware of the requirements laid down in this Regulation and that they are adequately trained for their job functions.
8. Member States shall ensure that relevant information on the use of data link services is published in the national aeronautical information publications.
Article 14
Exemptions
1. When particular circumstances, based on the criteria defined in paragraph 3, prevent aircraft of specific types from complying with the requirements of this Regulation, the Member States concerned shall communicate to the Commission by 31 December 2012 at the latest, detailed information justifying the need for granting exemptions to these aircraft types.
2. The Commission shall examine the requests for exemption referred to in paragraph 1 and, following consultation with the parties concerned, shall adopt a decision in accordance with the procedure referred to in Article 5(3) of Regulation (EC) No 549/2004.
3. The criteria referred to in paragraph 1 shall be the following:
(a)
aircraft types reaching the end of their production life and being produced in limited numbers; and
(b)
aircraft types for which re-engineering costs required would be disproportionate due to old design.
Article 15
Entry into force and application
This Regulation shall enter into force on the 20th day following its publication in the Official Journal of the European Union.
This Regulation shall apply from 7 February 2013.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 16 January 2009.