# 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 3: Data link services

Extent: E+W+S+N.I.

1. ATS providers shall ensure that ATS units providing air traffic services within the airspace referred to in Article 1(3) have the capability to provide and operate the data link services defined in Annex II.
2. Without prejudice to paragraph 3, operators shall ensure that aircraft operating flights referred to in Article 1(3) have the capability to operate the data link services defined in Annex II as from 5 February 2020.
3. Paragraph 2 shall not apply to:
(a) aircraft with an individual certificate of airworthiness first issued before 1 January 1995;
(b) 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;
(c) 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;
(d) 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;
(e) State aircraft;
(f) 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.
4. If the Secretary of State decides to equip new transport type State aircraft entering into service after 1 January 2019 with data link capability relying upon standards which are not specific to military operational requirements, the Secretary of State shall ensure that those aircraft have the capability to operate the data link services defined in Annex II.

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Source: https://www.legislation.gov.uk/eur/2009/29/article/3 (the official version)
Page: https://openlegislation.uk/eu-regulation-2009-29/article-3
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.