(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,

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:

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.

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.

(1)

In order to enable the use of air-ground data link applications, 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.

(2)

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 connectivity service, automated processes related to logon information and communication with the next authority should be implemented.

(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)

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 notification, coordination and transfer of flights between air traffic control units (4) should therefore be amended accordingly.

(5)

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

1.

in Article 3, the following paragraph 4 is added:

2.

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

(1)

Regulation (EC) No 1529/2007 opens and provides for the administration of an annual import tariff quota for 2009 of 250 000 tonnes of rice, in husked-rice equivalent, originating in States that are part of the CARIFORUM region (order number 09.4220), an import tariff quota of 25 000 tonnes of rice, in husked-rice equivalent, originating in the Netherlands Antilles and Aruba (order number 09.4189) and an import tariff quota of 10 000 tonnes of rice, in husked-rice equivalent, originating in the least developed OCTs (order number 09.4190).

(2)

January is the first subperiod for these quotas laid down in Article 1(1) and (2) of Regulation (EC) No 1529/2007.

(3)

The notification sent in accordance with Article 6(a) of Regulation (EC) No 1529/2007 shows that, for the quotas with order numbers 09.4220 — 09.4189 — 09.4190, the applications lodged in the first seven days of January 2009 under Article 2(1) of the Regulation cover a quantity, in husked-rice equivalent, lower than or equal to that available.

(4)

The total quantities available for the following subperiod should therefore be fixed for the quotas with order numbers 09.4220 — 09.4189 — 09.4190, in accordance with Article 4(1) of Regulation (EC) No 1529/2007,

(1)

Commission Regulation (EC) No 1498/2007 of 18 December 2007 laying down specific rules for issuing import licences for sugar and sugar and cocoa mixtures with ACP/OCT or EC/OCT cumulation of origin (2) opened a tariff quota for the import of products from the sugar sector. Article 1 of that Regulation stipulates that Commission Regulation (EC) No 1301/2006 of 31 August 2006 laying down common rules for the administration of import tariff quotas for agricultural products managed by a system of import licences (3) shall apply to the import of products falling within CN Chapter 17 and CN codes 1806 10 30 and 1806 10 90 with ACP/OCT or EC/OCT cumulation of origin.

(2)

Article 7(2) of Regulation (EC) No 1301/2006 provides that where the quantities covered by licence applications exceed the quantities available for the import tariff quota period or subperiod, the Commission shall fix an allocation coefficient, which the Member States shall apply to the quantities covered by each licence application.

(3)

The applications for import licences lodged during the first seven days of January 2009 for the subperiod 1 January to 31 March 2009 relate to quantities exceeding those available. The extent to which import licences may be issued should therefore be determined by establishing the allocation coefficient to be applied to the quantities requested, and the submission of new licence applications for 2009 suspended,

(1)

Article 3(1) and (2) of Protocol No 1 (3) to the Euro-Mediterranean Agreement establishing an association between the European Communities and their Member States, of the one part, and the Republic of Tunisia, of the other part (4), opens a tariff quota at a zero rate of duty for imports of untreated olive oil falling within CN codes 1509 10 10 and 1509 10 90, wholly obtained in Tunisia and transported direct from that country to the Community, up to the limit laid down for each year.

(2)

Article 2(2) of Commission Regulation (EC) No 1918/2006 of 20 December 2006 opening and providing for the administration of tariff quota for olive oil originating in Tunisia (5) lays down monthly quantitative limits for the issue of import licences.

(3)

Import licence applications have been submitted to the competent authorities under Article 3(1) of Regulation (EC) No 1918/2006 in respect of a total quantity exceeding the limit laid down for the month of January in Article 2(2) of that Regulation.

(4)

In these circumstances, the Commission must set an allocation coefficient allowing import licences to be issued in proportion to the quantity available.

(5)

Since the limit for the month of January has been reached, no more import licences can be issued for that month,

(1)

Regulation (EC) No 616/2007 opened tariff quotas for imports of products in the poultry meat sector.

(2)

The applications for import licences lodged during the first seven days of January 2009 for the subperiod 1 April to 30 June 2009 relate, for some quotas, to quantities exceeding those available. The extent to which licences may be issued should therefore be determined and an allocation coefficient laid down to be applied to the quantities applied for.

(1)

The import duties in the cereals sector applicable from 16 January 2009 were fixed by Commission Regulation (EC) No 27/2009 (3).

(2)

As the average of the import duties calculated differs by more than EUR 5/tonne from that fixed, a corresponding adjustment must be made to the import duties fixed by Regulation (EC) No 27/2009.

(3)

Regulation (EC) No 27/2009 should therefore be amended accordingly,

(1)

Commission Decision 2001/881/EC of 7 December 2001 drawing up a list of border inspection posts agreed for veterinary checks on animals and animal products from third countries and updating the detailed rules concerning the checks to be carried out by the experts of the Commission (4) sets out a list of border inspection posts for veterinary checks on live animals and animal products introduced into the Community from third countries in the Annex to that Decision (the list of border inspection posts).

(2)

The list of border inspection posts includes the Traces unit number for each border inspection post. Traces is a computerised system introduced by Commission Decision 2004/292/EC of 30 March 2004 on the introduction of the Traces system and amending Decision 92/486/EEC (5). It replaces the previous Animo system, based on the network introduced by Commission Decision 91/398/EEC of 19 July 1991 on a computerised network linking veterinary authorities (Animo) (6), for tracing movements of animals and certain products in intra-Community trade and imports.

(3)

The Agreement between the European Community and the Swiss Confederation on trade in agricultural products (7) (the Agreement) entered into force on 1 June 2002. Annex 11 to that Agreement concerns measures for the control and notification of certain animal diseases and trade in and imports from third countries of live animals, their semen, ova and embryos.

(4)

The Agreement provides for the setting up of a Joint Veterinary Committee, made up of representatives of the Parties thereto. That Committee is to consider any matter arising in connection with Annex 11 to the Agreement and with its implementation. It may decide to amend the appendices thereto, in particular with a view to their adaptation and updating.

(5)

Annex 11 to the Agreement was amended by a new Agreement. That new Agreement was signed and is provisionally applied by the Community on the basis of Council Decision 2008/979/EC of 18 December 2008 on the signing on behalf of the Community and the provisional application of the Agreement between the European Community and the Swiss Confederation amending Annex 11 to the Agreement between the European Community and the Swiss Confederation on trade in agricultural products (8).

(6)

In addition, The Council amended the relevant appendices to Annex 11 to the Agreement by its Decision 2009/13/EC (9) on the Community position on Decision No 1/2008 of the Joint Veterinary Committee set up by the Agreement between the European Community and the Swiss Confederation on trade in agricultural products regarding the amendment of Appendices 2, 3, 4, 5, 6 and 10 to Annex 11 to the Agreement. As a consequence of those amendments, certain border inspection posts in Germany, France, Italy and Austria will have to cease veterinary checks on relevant consignments coming from Switzerland.

(7)

It is therefore appropriate that the entries for the border inspections posts to Switzerland in Germany: Konstanz Straße and Weil/Rhein; in France: Ferney-Voltaire (Genève), Saint-Louis Bâle (airport and road) and Saint-Julien Bardonnex; in Italy: Campocologno, Chiasso (road and rail) and Gran San Bernardo-Pollein; and in Austria: Feldkirch-Buchs, Feldkirch-Tisis and Höchst be deleted from the list of border inspection posts set out in the Annex to Decision 2001/881/EC.

(8)

The list of units in Commission Decision 2002/459/EC of 4 June 2002 listing the units in the Animo computer network and repealing Decision 2000/287/EC (10) includes the Traces unit number of each border inspection post in the Community. In the interests of consistency of Community legislation, that list should, accordingly, be updated to take account of amendments to be made to the Annex to Decision 2001/881/EC so that the information contained in those two Annexes is identical.

(9)

Decisions 2001/881/EC and 2002/459/EC should therefore be amended accordingly.

(10)

The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,