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Document 02009R0029-20200308
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)Text with EEA relevance
Consolidated text: 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)Text with EEA relevance
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)Text with EEA relevance
No longer in force
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02009R0029 — EN — 08.03.2020 — 004.001
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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 (OJ L 013 17.1.2009, p. 3) |
Amended by:
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Official Journal |
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No |
page |
date |
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COMMISSION IMPLEMENTING REGULATION (EU) No 441/2014 of 30 April 2014 |
L 130 |
37 |
1.5.2014 |
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COMMISSION IMPLEMENTING REGULATION (EU) 2015/310 of 26 February 2015 |
L 56 |
30 |
27.2.2015 |
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COMMISSION IMPLEMENTING REGULATION (EU) 2019/1170 of 8 July 2019 |
L 183 |
6 |
9.7.2019 |
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COMMISSION IMPLEMENTING REGULATION (EU) 2020/208 of 14 February 2020 |
L 43 |
72 |
17.2.2020 |
Corrected by:
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)
Article 1
Subject matter and scope
This Regulation shall apply to:
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;
airborne human-machine interface constituents and associated procedures;
air-ground communication systems, their constituents and associated procedures.
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:
‘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;
‘operator’ means a person, organisation or enterprise engaged in, or offering to engage in, an aircraft operation;
‘air traffic services unit’ (hereinafter ATS unit) means a unit, civil or military, responsible for providing air traffic services;
‘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;
‘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:
the transmission and reception of uplink and downlink bit frames over a mobile data link between ground and aircraft communication systems;
the transmission and reception of data units between ground and aircraft systems hosting the air-ground applications with:
the relay of data units throughout ground communication paths and mobile data links;
the cooperative mechanisms of both ends for the transport of data units;
‘State aircraft’ means any aircraft used for military, customs and police;
‘transport type State aircraft’ means fixed wing State aircraft that are designed for the purpose of transporting persons and/or cargo;
‘air-ground application’ means a set of cooperative air-ground functions in support of air traffic services;
‘end-to-end communication’ means the transfer of information between peer air-ground applications;
‘air-ground communication’ means a two-way communication between aircraft and ground communication systems;
‘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;
‘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;
‘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;
‘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
Paragraph 2 shall not apply to:
aircraft with an individual certificate of airworthiness first issued before 1 January 1995;
aircraft which have an individual certificate of airworthiness first issued before 31 December 2003 and which will cease operation in the airspace referred to in paragraph 3 of Article 1 before 31 December 2022;
aircraft with an individual certificate of airworthiness first issued before 1 January 2018 and fitted prior to this date with data link equipment compliant with the requirements of one of the Eurocae documents specified in point 10 of Annex III;
aircraft which have a certified maximum seating capacity of 19 passengers or less and a maximum certified take-off mass of 45 359 Kg (100 000 lbs) or less and with a first individual certificate of airworthiness issued before 5 February 2020;
State aircraft;
aircraft flying in the airspace referred to in paragraph 3 of Article 1 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.
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:
the establishment of controller — pilot data link communications (hereinafter CPDLC);
the exchange of operational CPDLC messages;
the transfer of CPDLC;
the temporary discontinuation of the use of CPDLC pilot requests;
failure and shutdown of CPDLC;
the filing of flight plans regarding information pertaining to data link capability.
Article 5
Obligations of ATS providers for data link communications
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:
the description of communication services in accordance with the requirements of the data link services defined in Annex II;
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;
the relevant materials to be supplied for the monitoring of the quality of service and performances of communication services.
Article 6
Obligations of operators for data link communications
Article 7
General obligations of Member States for data link communications
Article 8
Data link communication for transport type State aircraft
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
Article 13
Additional requirements
ATS providers shall:
develop and maintain operations manuals containing the necessary instructions and information to enable all personnel concerned to apply this Regulation;
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;
ensure that the working methods and operating procedures comply with this Regulation.
Member States shall take the necessary measures to ensure that the centralised flight planning processing and distribution service:
develops and maintains operations manuals containing the necessary instructions and information to enable all personnel concerned to apply this Regulation;
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;
ensures that the working methods and operating procedures comply with this Regulation.
Article 14
Exemptions
The criteria referred to in paragraph 1 shall be the following:
aircraft types/models combinations, reaching the end of their production life and being produced in limited numbers; and
aircraft types/models combinations 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 ►M2 5 February 2018 ◄ .
This Regulation shall be binding in its entirety and directly applicable in all Member States.
ANNEX I
Airspace referred to in Article 1(3)
PART A
The airspace referred to in ►C1 the first paragraph of Article 1(3) ◄ shall include the airspace above FL 285 within the following Flight Information Regions (FIR) and Upper Flight Information Regions (UIR):
PART B
The airspace referred to in ►C1 the second paragraph of Article 1(3) ◄ shall include the airspace above FL 285 defined in Part A and in addition, the following Flight Information Regions and Upper Flight Information Regions:
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 communications between ground and aircraft data link systems.
The DLIC service shall be available to support:
The exchanges between airborne and ground data link systems for the execution of DLIC service shall comply with:
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 exchanges between airborne and ground data link systems for the execution of ACM service shall comply with:
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:
The exchanges between airborne and ground data link systems for the execution of ACL service shall comply with:
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:
ANNEX III
1. ORO.MLR.105 of Annex III to Commission Regulation (EU) No 965/2012 of 5 October 2012 laying down technical requirements and administrative procedures related to air operations, or ICAO Annex 6 — Operation of aircraft, Part I, (International Commercial Air Transport — Aeroplanes) (11th edition, July 2018, incorporating amendment 43), or ICAO Annex 6 — Operation of aircraft, Part II (International General Aviation — Aeroplanes) (Tenth edition, July 2018, incorporating amendment 36).
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) (Second edition, July 2007, incorporating amendments 70-82).
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) (Second edition, July 2007, incorporating amendments 70-82).
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) (Second edition, July 2007, incorporating amendments 70-82).
5. Chapter 6 — VHF air-ground digital link (VDL) of ICAO Annex 10 — Aeronautical Telecommunications — Volume III, Part I (Digital Data Communication Systems) (Second edition, July 2007, incorporating amendment 90.
6. Chapter 3 — General procedures for the international aeronautical telecommunication service, Section 3.5.1.5 of ICAO Annex 10 — Aeronautical Telecommunications — Volume II (Communication Procedures including those with PANS status) (Seventh edition, July 2016, incorporating amendments 40-90).
7. Chapter 2 — General — Section 2.26.3 of ICAO Annex 11 — Air Traffic Services (14th edition, July 2016, incorporating amendment 50-A).
8. Chapter 6 — Air traffic services requirements for communications — Sections 6.1.1.2, of ICAO Annex 11 — Air Traffic Services (14th edition, July 2016, incorporating amendment 50-A).
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:
for operators:
for ATS providers:
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.
Part D: Conditions referred to in Part C
1. Communication protocols must support end-to-end communications.
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.
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:
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.
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.
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:
5. The air navigation service provider shall manage the verification activities and shall in particular:
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:
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:
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 national supervisory authority together with the technical file as required by Article 6 of Regulation (EC) No 552/2004.
( 1 ) OJ L 186, 7.7.2006, p. 27.