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)
Date: 2009-01-16
Institutions: European Commission
Subjects: Eurocontrol, International Civil Aviation Organisation, air traffic, data transmission, disclosure of information

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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,

(4)

This Regulation should not cover military operations and
training as referred to in Article 1(2) of Regulation (EC)
No 549/2004.

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
(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)

(2)

(3)

traffic levels
Observed and expected increases in air
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.

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.

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.

(5)

(6)

(7)

(8)

link

data

early

services

introduction of

The
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 Under­
taking to develop the new generation European air traffic
management system (SESAR) (3).

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
the European Air Traffic
further development of
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
the
Article 1(3) of Regulation (EC) No 551/2004 of
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).

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 Euro­
control level should be the subject of mandatory intro­
duction, based on the standards defined by these organ­
isations.

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.

(1) OJ L 96, 31.3.2004, p. 26.
(2) OJ L 96, 31.3.2004, p. 1.

(3) OJ L 64, 2.3.2007, p. 1.
(4) OJ L 96, 31.3.2004, p. 20.

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(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.

(15)

(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 Navi­
gation Systems (FANS) 1/A. It would not be econom­
ically justified to request operators to install
further
data link equipment on such aircraft to comply with
Regulation. However,
this
the
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.

requirements

of

(16)

temporarily inoperative

The conditions for the dispatch of an aircraft with data
should be
link constituents
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 (1) 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
and Directive
2004/36/EC (2) and its implementing rules.

1592/2002

(EC) No

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
these appli­
providers and operators should support
cations and use a common standardised message set to
ensure end-to-end interoperable implementations of data
link services.

data

between

air-ground

communication protocols

can be used for
Several
applications.
exchanging
However a common set
should be deployed as a
minimum on the ground side to secure overall interoper­
ability within the airspace of applicability of this Regu­
lation. 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
the
mandatory carriage of data link constituents in the
airspace of some Member States.

to permit

(18)

or

Criteria for possible exemption, based in particular on
economic
considerations,
should be identified allowing operators exceptionally
not to equip specific types of aircraft with data link
capability.

compelling

technical

services

providing

The possibility should be left for operators and organis­
ations
the
communication
exchange of data between air-ground applications to
use different protocols other than ATN/VDL 2. These
should, however, comply with appropriate
protocols
the end-to-end interoper­
requirements ensuring that
ability between air traffic services units and aircraft is
maintained.

for

the

represent

type State

Transport
largest
aircraft
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
operational
which
requirements,
technical
solutions complying with this Regulation.

to military

implement

specific

should

they

not

are

(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
these
services, service level agreements should in this case be
established between the parties concerned.

security and efficiency of

safety,

(11)

(12)

(13)

(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.

(20)

(1) OJ L 373, 31.12.1991, p. 4.
(2) OJ L 79, 19.3.2008, p. 1.

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.

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(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 infor­
mation allowing the use of air-ground data link appli­
cations and the possibility for the next ATS unit to start
exchanging data with aircraft should also be processed
and transmitted between ATS units.

2.

This Regulation shall apply to:

(a)

flight data processing systems, their constituents and asso­
ciated procedures, and human-machine interface systems,
their constituents and associated procedures, serving air
traffic control units providing services to general air traffic;

(22) Measures should be taken by air navigation service
providers and other entities providing air-ground data
link communications
to ensure appropriate
services
security of information exchanges.

(b) airborne

human-machine

interface

constituents

and

associated procedures;

(23)

The quality of service of air-ground data link communi­
cations 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
the parties concerned carry out a safety
ensure that
assessment,
risk
including
assessment and mitigation processes.

identification,

hazard

(c) air-ground communication systems, their constituents and

associated procedures.

This Regulation shall apply to all

3.
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.

(26)

(27)

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.

Article 2

Definitions

For the purpose of this Regulation the definitions in Article 2 of
Regulation (EC) No 549/2004 shall apply.

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

Single

the

HAS ADOPTED THIS REGULATION:

Article 1

Subject matter and scope

The following definitions shall also apply:

1.

‘data link service’ means a set of
traffic
management
transactions, supported by air-ground data
link communications, which have a clearly defined opera­
tional goal and begin and end on an operational event;

related air

2.

‘operator’ means a person, organisation or enterprise
engaged in, or offering to engage in, an aircraft operation;

1.
This Regulation lays down requirements for the coor­
dinated introduction of data link services based on air-ground
point-to-point data communications as defined in Article 2(5).

3.

‘air traffic services unit’ (hereinafter ATS unit) means a unit,
civil or military,
traffic
services;

responsible for providing air

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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;

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;

5.

‘air–ground point-to-point data communication’ means a
and a
communication between an aircraft
two-way
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 com­

munication paths and mobile data links;

(ii) the cooperative mechanisms of both ends for the

transport of data units;

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.

in relation to an airborne constituent means
the constituent does not accomplish its intended
is not consistently functioning within its

‘inoperative’
that
purpose or
operating limits or tolerances.

6.

‘State aircraft’ means any aircraft used for military, customs
and police;

Article 3

Data link services

7.

‘transport type State aircraft’ means fixed wing State aircraft
that are designed for the purpose of transporting persons
and/or cargo;

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.

8.

‘air-ground application’ means a set of cooperative air-
ground functions in support of air traffic services;

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.

9.

‘end-to-end communication’ means the transfer of infor­
mation between peer air-ground applications;

10.

‘air-ground communication’ means a two-way communi­
cation between aircraft
and ground communication
systems;

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.

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4.

Paragraphs 2 and 3 shall not apply to the following:

6. the filing of flight plans regarding information pertaining to

data link capability.

(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 Regu­
lation (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
common standardised procedures
consistent with relevant provisions of the International Civil
Aviation Organisation (hereinafter ICAO) for:

apply

shall

II

1. the establishment of controller — pilot data link communi­

cations (hereinafter CPDLC);

Obligations of ATS providers for data link communications

Article 5

ATS providers

the ground systems
shall ensure that
1.
referred to in Article 1(2) and their constituents support the
air-ground
ICAO standards
specified in points 2 and 3 of Annex III.

applications

in the

defined

ATS providers

2.
the ground systems
shall ensure that
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 appli­
cations defined in the ICAO standards specified in points 2 and
3 of Annex III.

ATS providers that rely upon other organisations for the
3.
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;

2. the exchange of operational CPDLC messages;

3. the transfer of CPDLC;

(c)

the relevant materials to be supplied for the monitoring of
the quality of service and performances of communication
services.

4. the temporary discontinuation of the use of CPDLC pilot

requests;

5. failure and shutdown of CPDLC;

ATS providers shall make appropriate arrangements to
4.
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.

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shall

implement

ATS providers

flight data
5.
processing systems the log on forward and next authority noti­
fication processes between ATC units
in accordance with
Commission Regulation (EC) No 1032/2006 (1) as far as the
requirements for automatic systems for the exchange of flight
data supporting data link services are concerned.

in their

airspace under

ground communications services applying the requirements of
Part B of Annex IV are available to operators for aircraft flying
within that
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 commu­
nication technology used.

responsibility

their

ATS providers shall monitor the quality of service of
6.
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 appli­
cations defined in the ICAO standards specified in points 2 and
3 of Annex III.

Operators shall ensure that airborne systems referred to in
2.
Article 1(2)(c) and their constituents installed on-board aircraft
referred to in Article 3(2) and (3) apply end-to-end communi­
cations 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.

Operators shall ensure that airborne systems referred to in
3.
Article 1(2)(c) and their constituents installed on-board aircraft
referred to in Article 3(2) and (3) apply air-ground communi­
cations 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.

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 appli­
cations 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.

4.
Operators referred to in paragraph 3 shall make appro­
priate arrangements to ensure that data exchanges can be estab­
lished 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.

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.

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-

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

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.

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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,
risk assessment
and mitigation, conducted by the parties concerned.

including hazard identification,

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

ATS providers shall ensure that air–ground data exchanges
1.
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.

The Eurocae document specified in point 9 of Annex III
2.
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.

Article 11

3.

ATS providers shall:

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 represen­
the
tatives
conformity or
in
suitability for use of
accordance with the requirements set out in Annex V.

established in the Community,

those constituents

assess

shall

However, certification airworthiness processes complying with
Regulation (EC) No 216/2008, when applied to airborne con­
stituents referred to in Article 1(2)(b) and (c) of this Regu-
lation, shall be considered acceptable procedures for the con­
formity assessment of those constituents if they include the
demonstration
interoperability,
compliance with
performance and safety requirements of this Regulation.

the

of

(a) develop and maintain operations manuals containing the
all

and information to enable

necessary instructions
personnel concerned to apply this Regulation;

(b) ensure that

the manuals

(a) are
accessible and kept up to date and that their update and
distribution are subject to appropriate quality and documen­
tation configuration management;

referred to in point

(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:

Article 12

Verification of systems

(a) develops and maintains operations manuals containing the
all

and information to enable

necessary instructions
personnel concerned to apply this Regulation;

1.
Air navigation service providers who demonstrate or have
demonstrated that they fulfil the conditions set out in Annex VI
shall
referred to
Article 1(2)(a) and (c) in compliance with the requirements set
out in Part A of Annex VII.

a verification of

conduct

systems

the

(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 documen­
tation configuration management;

2.
Air navigation service providers which cannot demon­
strate that they fulfil the conditions set out in Annex VI shall

(c) ensures that the working methods and operating procedures

comply with this Regulation.

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Air navigation service providers shall ensure that all
the relevant
they are adequately

5.
personnel concerned are made duly aware of
provisions of
trained for their job functions.

this Regulation and that

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.

Commission by 31 December 2012 at the latest, detailed infor­
mation justifying the need for granting exemptions to these
aircraft types.

The Commission shall examine the requests for exemption
2.
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.

The criteria referred to in paragraph 1 shall be the

3.
following:

(a) aircraft types reaching the end of their production life and

being produced in limited numbers; and

8. Member States shall ensure that relevant information on
the use of data link services is published in the national aero­
nautical information publications.

(b) aircraft types for which re-engineering costs required would

be disproportionate due to old design.

Article 14

Exemptions

1. When particular circumstances, based on the criteria
defined in paragraph 3, prevent aircraft of specific types from
the
complying with the requirements of
the
Member

this Regulation,
to

communicate

concerned

States

shall

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.

For the Commission

Antonio TAJANI
Vice-President

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ANNEX I

Airspace referred to in Article 1(3)

PART A

The airspace referred to in Article 1(3)(a) shall include the airspace above FL 285 within the following Flight Information
Regions (FIR) and Upper Flight Information Regions (UIR):
— Amsterdam FIR,
— Wien FIR,
— Barcelona UIR,
— Brindisi UIR,
— Brussels UIR,
— Canarias UIR,
— France UIR,
— Hannover UIR,
— Lisboa UIR,
— London UIR,
— Madrid UIR,
— Milano UIR,
— Rhein UIR,
— Roma UIR,
— Scottish UIR,
— Shannon UIR.

PART B

The airspace referred to in Article 1(3)(b) shall include the airspace above FL 285 defined in Part A and in addition, the
following Flight Information Regions and Upper Flight Information Regions:
— Bratislava FIR,
— Bucuresti FIR,
— Budapest FIR,
— Kobenhavn FIR,
— Ljubljana FIR,
— Nicosia FIR,
— Praha FIR,
— Sofia FIR,
— Warszawa FIR,
— Finland UIR south of 61°30′,
— Hellas UIR,
— Malta UIR,
— Riga UIR,
— Sweden UIR south of 61°30′,
— Tallinn UIR,
— Vilnius UIR.

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ANNEX II

Definition of data link services referred to in Articles 3, 4, 5 and 7 and Annex IV

1. Definition of Data Link Communications Initiation Capability (DLIC)

The DLIC service shall enable the exchange of the necessary information for the establishment of data link commu­
nications between ground and aircraft data link systems.

The DLIC service shall be available to support:

— the unambiguous association of flight data from the aircraft with flight plan data used by an ATS unit,

— the exchange of the supported air–ground application type and version information,

— and the delivery of the addressing information of the entity hosting the application.

The exchanges between airborne and ground data link systems for the execution of DLIC service shall comply with:

— operating methods, time sequence diagrams and messages for the DLIC initiation and DLIC contact functions

specified in Section 4.1 of the Eurocae document identified in point 11 of Annex III,

— safety requirements specified in Section 4.2.2 of the Eurocae document identified in point 11 of Annex III,

— performance requirements specified in Section 4.3.2 of the Eurocae document identified in point 11 of Annex III.

2. Definition of ATC Communications Management service (ACM)

The ACM service shall provide automated assistance to flight crews and air traffic controllers for conducting the
transfer of ATC communications (voice and data) comprising:

— the initial establishment of CPDLC with an ATS unit,

— the transfer of CPDLC and voice for a flight from one ATS unit to the next ATS unit, or to instruct a change of

voice channel within an ATS unit or sector,

— the normal termination of CPDLC with an ATS unit.

The exchanges between airborne and ground data link systems for the execution of ACM service shall comply with:

— operating methods and time sequence diagrams specified in Sections 5.1.1.1.1 to 5.1.1.1.7 and 5.1.1.2 of the

Eurocae document identified in point 11 of Annex III,

— safety requirements specified in Section 5.1.2.3 of the Eurocae document identified in point 11 of Annex III,

excluding requirements relating to downstream clearance,

— performance requirements for the en route phase specified in Section 5.1.3.2 of the Eurocae document identified in

point 11 of Annex III.

3. Definition of ATC Clearances and Information service (ACL)

The ACL service shall provide flight crews and controllers with the ability to conduct operational exchanges
comprising:

— requests and reports from flight crews to air traffic controllers,

— clearances, instructions and notifications issued by air traffic controllers to flight crews.

The exchanges between airborne and ground data link systems for the execution of ACL service shall comply with:

— operating methods and time sequence diagrams specified in Sections 5.2.1.1.1 to 5.2.1.1.4 and 5.2.1.2 of the

Eurocae document identified in point 11 of Annex III,

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— a common subset of the message elements specified in Section 5.2.1.1.5 of the Eurocae document identified in

point 11 of Annex III as appropriate to the en route operational environment,

— safety requirements specified in Section 5.2.2.3 of the Eurocae document identified in point 11 of Annex III,

— performance requirements for the en route phase specified in Section 5.2.3.2 of the Eurocae document identified in

point 11 of Annex III.

4. Definition of ATC Microphone Check service (AMC)

The AMC service shall provide air traffic controllers with the capability to send an instruction to several data link
equipped aircraft, at the same time,
in order to instruct flight crews to verify that their voice communication
equipment is not blocking a given voice channel.

This instruction shall only be issued to those aircraft tuned to the frequency that is blocked.

The exchanges between airborne and ground data link systems for the execution of AMC service shall comply with:

— operating methods and time sequence diagrams specified in Sections 5.3.1.1.1, 5.3.1.1.2 and 5.3.1.2 of the

Eurocae document identified in point 11 of Annex III,

— safety requirements specified in Section 5.3.2.3 of the Eurocae document identified in point 11 of Annex III,

— performance requirements specified in Section 5.3.3.2 of the Eurocae document identified in point 11 of Annex III.

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Official Journal of the European Union

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ANNEX III

ICAO provisions referred to in Articles 3, 5, 6, 7, 8, 9 and 13 and Annex IV

Eurocae documents referred to in Articles 3 and 13 and Annex II

1. Subpart B, OPS 1 030, of Annex III to Regulation (EEC) No 3922/91.

2. Chapter 3 – Aeronautical Telecommunication Network, Section 3.5.1.1 ‘Context Management’ (CM) application items
(a) and (b) of ICAO Annex 10 – Aeronautical Telecommunications – Volume III, Part I (Digital Data Communication
Systems) (First edition July 1995 incorporating Amendment 81 (23.11.2006)).

3. Chapter 3 – Aeronautical Telecommunication Network, Section 3.5.2.2 ‘Controller-Pilot Data Link Communications’
(CPDLC) application items (a) and (b) of ICAO Annex 10 – Aeronautical Telecommunications – Volume III, Part I
(Digital Data Communication Systems) (First edition July 1995 incorporating Amendment 81 (23.11.2006)).

4. Chapter 3 – Aeronautical Telecommunication Network, Sections 3.3, 3.4 and 3.6 of ICAO Annex 10 – Aeronautical
Telecommunications – Volume III, Part I (Digital Data Communication Systems) (First edition July 1995 incorp-
orating Amendment 81 (23.11.2006)).

5. Chapter 6 – VHF air–ground digital link (VDL) of ICAO Annex 10 – Aeronautical Telecommunications – Volume III,
Part I (Digital Data Communication Systems) (First edition July 1995 incorporating Amendment 81 (23.11.2006)).

6. Chapter 3 – General procedures for the international aeronautical telecommunication service, Section 3.5.1.5 of
(Sixth edition

ICAO Annex 10 – Aeronautical Telecommunications – Volume II,
October 2001 incorporating Amendment 81 (23.11.2006)).

(Communication Procedures)

7. Chapter 2 – General – Sections 2.25.3 of ICAO Annex 11 – Air Traffic Services (13th edition July 2001 incorp-

orating Amendment 45 (16.7.2007)).

8. Chapter 6 – Air traffic services requirements for communications – Sections 6.1.1.2, of ICAO Annex 11 – Air Traffic

Services (13th edition – July 2001 incorporating Amendment 45 (16.7.2007)).

9. Eurocae ED-111, Functional specifications for CNS/ATM ground recording, July 2002,

including Amendment 1

(30.7.2003).

10. Eurocae ED-100 (September 2000) and ED-100A (April 2005), Interoperability requirements for ATS applications

using ARINC 622 Data Communications.

11. Eurocae ED-120 Safety and Performance Requirements Standard for Air Traffic Data Link Services in Continental
Airspace, published in May 2004, including Change 1, published in April 2007, and Change 2, published in October
2007.

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ANNEX IV

Requirements referred to in Articles 5, 6, 7, 8 and 9

Part A: Requirements for end-to-end communications

1. End-to-end data communications shall ensure seamless provision and use of communication services in the airspace

referred to in Article 1(3).

2. End-to-end data communications shall support the exchange of messages in support of the data link services defined

in Annex II, in accordance with a common standardised messages set.

3. End-to-end data communications shall support a common standardised end-to-end protection mechanism to ensure
the integrity of messages received consistent with safety requirements of the data link services defined in Annex II.

Part B: Requirements for air-ground communications based on ATN and VDL Mode 2

1. Air-ground communications shall be designed to support end-to-end communications and to ensure seamless
provision and use of communications services to air-ground applications defined in the ICAO standards specified
in points 2 and 3 of Annex III in the airspace referred to in Article 1(3).

2. Air-ground communications shall comply with safety and performance requirements of the data link services defined

in Annex II.

3. Air-ground communications shall be based on a common addressing scheme.

4. The transmission and reception of data units between ground and aircraft systems hosting the air-ground applications
defined in the ICAO standards specified in points 2 and 3 of Annex III shall be based on communication protocols
which comply with the ICAO standards defining the Aeronautical Telecommunication Network referred to in point 4
of Annex III.

5. The ground and aircraft communication system characteristics and the transmission and reception of bit frames
between ground and aircraft communication systems shall comply with the ICAO standards defining the very high
frequency digital link, VDL Mode 2, referred to in point 5 of Annex III.

Part C: Requirements for air-ground communications based on other communication protocols

1. Air-ground communications shall be designed to support end-to-end communications and to ensure seamless
provision and use of communications services to air-ground applications defined in the ICAO standards specified
in points 2 and 3 of Annex III in the airspace referred to in Article 1(3).

2. Air-ground communications shall comply with safety and performance requirements of the data link services defined

in Annex II.

3. Air-ground communications shall be based on a common addressing scheme.

4. The transmission and reception of bit frames between ground and aircraft communication systems shall be based on

communication protocols fulfilling the conditions set out in Part D.

1. Communication protocols must support end-to-end communications.

Part D: Conditions referred to in Part C

2. Communication protocols must be subject to a safety case to demonstrate compliance with safety and performance

requirements of the data link services defined in Annex II.

3. Communication protocols must support bidirectional point-to-point communications using those parts of the radio
frequency spectrum identified by ICAO as suitable for air–ground data communications in support of air traffic
services.

4. Communication protocols must include a mechanism to manage mobile connectivity between ground and airborne

stations in a transparent way.

5. Communication protocols must be specified and validated with respect to airworthiness regulations and operational

approval regulations applicable to aircraft communication equipment.

6. Communication systems supporting these protocols must not create harmful effects on airborne and ground

installations supporting VDL 2.

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Official Journal of the European Union

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ANNEX V

Requirements for the assessment referred to in Article 11 of the conformity or suitability for use of constituents

1. The verification activities shall demonstrate the conformity or suitability for use of constituents implementing the data
link services, end-to-end communications and air–ground communications with the applicable requirements of this
Regulation whilst those constituents are in operation in the test environment.

2. The manufacturer shall manage the conformity assessment activities and shall in particular:

— determine the appropriate test environment,

— verify that the test plan describes the constituents in the test environment,

— verify that the test plan provides full coverage of applicable requirements,

— ensure the consistency and quality of the technical documentation and the test plan,

— plan the test organisation, staff, installation and configuration of test platform,

— perform the inspections and tests as specified in the test plan,

— write the report presenting the results of inspections and tests.

3. The manufacturer shall ensure that the constituents implementing data link services, end-to-end communications and
air–ground communications, integrated in the test environment meet the applicable requirements of this Regulation.

4. Upon satisfying completion of verification of conformity or suitability for use, the manufacturer shall under its
responsibility draw up the EC declaration of conformity or suitability for use, specifying the applicable requirements
of this Regulation met by the constituent and its associated conditions of use in accordance with point 3 of Annex III
to Regulation (EC) No 552/2004.

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ANNEX VI

Conditions referred to in Article 12

1. The air navigation service provider must have in place reporting methods within the organisation which ensure and

demonstrate impartiality and independence of judgement in relation to the verification activities.

2. The air navigation service provider must ensure that the personnel involved in verification processes, carry out the
checks with the greatest possible professional integrity and the greatest possible technical competence and are free of
any pressure and incentive, in particular of a financial type, which could affect their judgement or the results of their
checks, in particular from persons or groups of persons affected by the results of the checks.

3. The air navigation service provider must ensure that the personnel involved in verification processes, have access to the

equipment that enables them to properly perform the required checks.

4. The air navigation service provider must ensure that the personnel involved in verification processes, have sound
technical and vocational training, satisfactory knowledge of the requirements of the verifications they have to carry
out, adequate experience of such operations, and the ability required to draw up the declarations, records and reports
to demonstrate that the verifications have been carried out.

5. The air navigation service provider must ensure that the personnel

involved in verification processes, are able to
perform their checks with impartiality. Their remuneration shall not depend on the number of checks carried out, or
on the results of such checks.

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ANNEX VII

Part A: Requirements for the verification of systems referred to in Article 12(1)

1. The verification of systems identified in Article 1(2) shall demonstrate the conformity of these systems with the
applicable requirements of this Regulation in an assessment environment that reflects the operational context of these
systems.

2. The verification of systems identified in Article 1(2) shall be conducted in accordance with appropriate and recognised

testing practices.

3. Test tools used for the verification of systems identified in Article 1(2) shall have appropriate functionalities.

4. The verification of systems identified in Article 1(2) shall produce the elements of the technical file required by point 3

of Annex IV to Regulation (EC) No 552/2004, including the following elements:

— description of the implementation,

— the report of inspections and tests achieved before putting the system into service.

5. The air navigation service provider shall manage the verification activities and shall in particular:

— determine the appropriate operational and technical assessment environment reflecting the operational environ­

ment,

— verify that the test plan describes the integration of systems identified in Article 1(2) in an operational and

technical assessment environment,

— verify that the test plan provides full coverage of the interoperability and performance requirements of this

Regulation,

— ensure the consistency and quality of the technical documentation and the test plan,

— plan the test organisation, staff, installation and configuration of the test platform,

— perform the inspections and tests as specified in the test plan,

— write the report presenting the results of inspections and tests.

6. The air navigation service provider shall ensure that the systems identified in Article 1(2) operated in an operational

assessment environment meet the applicable requirements of this Regulation.

7. Upon satisfying completion of verification of compliance, air navigation service providers shall draw up the EC
declaration of verification of system and submit it to the national supervisory authority together with the technical
file as required by Article 6 of Regulation (EC) No 552/2004.

Part B: requirements for the verification of systems referred to in Article 12(2)

1. The verification of systems identified in Article 1(2) shall demonstrate the conformity of these systems with the
applicable requirements of this Regulation in an assessment environment that reflects the operational context of these
systems.

2. The verification of systems identified in Article 1(2) shall be conducted in accordance with appropriate and recognised

testing practices.

3. Test tools used for the verification of systems identified in Article 1(2) shall have appropriate functionalities.

4. The verification of systems identified in Article 1(2) shall produce the elements of the technical file required by point 3

of Annex IV to Regulation (EC) No 552/2004, including the following elements:

— description of the implementation,

— the report of inspections and tests achieved before putting the system into service.

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5. The air navigation service provider shall determine the appropriate operational and technical assessment environment

reflecting the operational environment and shall have verification activities performed by a notified body.

6. The notified body shall manage the verification activities and shall in particular:

— verify that the test plan describes the integration of systems identified in Article 1(2) in an operational and

technical assessment environment,

— verify that the test plan provides full coverage of the requirements of this Regulation,

— ensure the consistency and quality of the technical documentation and the test plan,

— plan the test organisation, staff, installation and configuration of the test platform,

— perform the inspections and tests as specified in the test plan,

— write the report presenting the results of inspections and tests.

7. The notified body shall ensure that the systems identified in Article 1(2) operated in an operational assessment

environment meet the applicable requirements of this Regulation.

8. Upon satisfying completion of verification tasks, the notified body shall draw up a certificate of conformity in relation

to the tasks it carried out.

9. Then, the air navigation service provider shall draw up the EC declaration of verification of system and submit it to the
file as required by Article 6 of Regulation (EC) No

national supervisory authority together with the technical
552/2004.