Commission Regulation (EC) No 30/2009 of 16 January 2009 amending Regulation (EC) No 1032/2006 as far as the requirements for automatic systems for the exchange of flight data supporting data link services are concerned (Text with EEA relevance)
Date: 2009-01-16
Institutions: European Commission
Subjects: Eurocontrol, International Civil Aviation Organisation, air traffic, air traffic control, data transmission

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Official Journal of the European Union

17.1.2009

COMMISSION REGULATION (EC) No 30/2009

of 16 January 2009

amending Regulation (EC) No 1032/2006 as far as the requirements for automatic systems for the
exchange of flight data supporting data link services are concerned

(Text with EEA relevance)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty
Community,

establishing the European

Having regard to Regulation (EC) No 552/2004 of the European
Parliament and of the Council of 10 March 2004 on the inter­
operability of the European Air traffic Management Network
Regulation) (1)
(the
particular
Article 3(1) thereof,

interoperability

and

in

Having regard to Regulation (EC) No 549/2004 of the European
Parliament and 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)

(2)

(3)

In order to enable the use of air-ground data link appli­
cations, area control centres providing data link services
in accordance with Commission Regulation (EC) No
29/2009 of 16 January 2009 laying down requirements
on data link services for the single European sky (3)
should have access on time to the appropriate flight
information.

In order to enable the next air traffic control unit to start
exchanging data with the aircraft, where area control
centres concerned do not have an in-common data link
related to
connectivity service, automated processes
logon information and communication with the next
authority should be implemented.

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.

Commission Regulation (EC) No 1032/2006 of 6 July
2006 laying down requirements for automatic systems
for the exchange of flight data for the purpose of noti­
fication, coordination and transfer of flights between air
traffic control units (4) should therefore be amended
accordingly.

The measures provided for in this Regulation are in
accordance with the opinion of
Sky
Committee,

Single

the

(4)

(5)

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 1032/2006 is amended as follows:

1.

in Article 3, the following paragraph 4 is added:

‘4.
Air navigation service providers providing data link
services in accordance with Regulation (EC) No 29/2009
shall ensure that the systems referred to in Article 1(2)(a)
and serving area control centres, comply with the interoper­
ability and performance requirements specified in Annex I,
Parts A and D.’;

2. Annexes I and III are amended as set out in the Annex to

this Regulation.

Article 2

This Regulation shall enter into force on the 20th day following
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, 16 January 2009.

For the Commission

Antonio TAJANI
Vice-President

(1) OJ L 96, 31.3.2004, p. 26.
(2) OJ L 96, 31.3.2004, p. 1.
(3) See page 3 of this Official Journal.

(4) OJ L 186, 7.7.2006, p. 27.

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ANNEX

Annexes I and III to Regulation (EC) No 1032/2006 are amended as follows:

1.

in Annex I, the following Part D is added:

‘PART D: REQUIREMENTS FOR PROCESSES SUPPORTING DATA LINK SERVICES

1.

LOGON FORWARD

1.1.

Flight information concerned

1.1.1. The information subject to the logon forward process shall include as a minimum:

— aircraft identification,

— departure aerodrome,

— destination aerodrome,

— logon type,

— logon parameters.

1.2.

Rules of application

1.2.1. One logon forward process shall be performed for each data-link logged-on flight planned to cross the

boundary.

1.2.2. The logon forward process shall be initiated at or as soon as possible after the earlier of the times determined

from the following:

— a parameter number of minutes before the estimated time at the coordination point,

— the time at which the flight is at a bilaterally agreed distance from the coordination point,

in accordance with the letters of agreement.

1.2.3. Eligibility criteria for the logon forward process shall be in accordance with the letters of agreement.

1.2.4. The logon forward information shall be included with the corresponding flight information in the receiving

unit.

1.2.5. The logged-on status of the flight may be displayed at the appropriate working position within the receiving

unit.

1.2.6. Completion of the logon forward process, including confirmation from the receiving unit shall be provided to

the transferring unit.

1.2.7. Failure of

the logon forward process to confirm completion, within the applicable quality of service

requirements, shall result in the initiation of an air-ground data link contact request to the aircraft.

2.

NEXT AUTHORITY NOTIFIED

2.1.

Flight information concerned

2.1.1. The information subject to the next authority notified process shall include as a minimum:

— aircraft identification,

— departure aerodrome,

— destination aerodrome.

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2.2.

Rules of application

2.2.1. One next authority notified process shall be performed for each eligible flight crossing the boundary.

2.2.2. The next authority notified process shall be initiated after the next data authority request with the aircraft has

been acknowledged by the airborne system.

2.2.3. Following the successful processing of the next authority notified information the receiving unit shall initiate a

controller pilot data link communication (CPDLC) start request with the aircraft.

2.2.4. If the next authority notified information has not been received within a bilaterally agreed parameter time, local
procedures shall be applied by the receiving unit for the initiation of data link communications with the aircraft.

2.2.5. Completion of the next authority notified process,

including confirmation from the receiving unit shall be

provided to the transferring unit.

2.2.6. Failure of the next authority notified process to confirm completion, within the applicable quality of service

requirements shall result in the initiation of local procedures in the transferring unit.’;

2.

in Annex III, points 2 and 3 are replaced by the following:

‘2. The interoperability and performance requirements specified in paragraphs 3.2.4, 3.2.5, 4.2.3, 4.2.4, 5.2.3, 5.2.4,
6.2.3 and 6.2.4 of Annex I, Part B and 1.2.6, 1.2.7, 2.2.5 and 2.2.6 of Annex I, Part D shall also be considered as
safety requirements.

3. For the revision of coordination, abrogation of coordination, basic flight data, change to basic flight data, logon
forward and next authority notified processes, the quality of service requirements specified in Annex II shall also be
considered as safety requirements.’.