# Commission Implementing Regulation (EU) 2019/1170 of 8 July 2019 amending and correcting Regulation (EC) No 29/2009 laying down requirements on data link services for the single European sky (Text with EEA relevance), Article 1

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

Regulation (EC) No 29/2009 is amended as follows:
(1) In Article 3, paragraph 3 is replaced by the following:
‘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.’
(2) in paragraphs 1, 2 and 3 of Article 6, references to Article 3(2) and 3(3) are replaced by references to Article 3(2);
(3) in paragraphs 1, 2 and 3 of Article 8, references to Article 3(5) are replaced by references to Article 3(4);
(4) in Article 14, paragraph 2, ‘Article 5(3) of Regulation (EC) No 549/2004’ is replaced by ‘Article 127(3) of Regulation (EU) 2018/1139’;
(5) in Article 14, paragraph 3 is replaced by the following:
‘3. The criteria referred to in paragraph 1 shall be the following:
(a) aircraft types/models combinations, reaching the end of their production life and being produced in limited numbers; and
(b) aircraft types/models combinations for which re-engineering costs required would be disproportionate due to old design.’;
(6) Annex III is replaced by the text in the Annex to this Regulation.

---
Source: https://www.legislation.gov.uk/eur/2019/1170/article/1 (the official version)
Page: https://openlegislation.uk/eu-regulation-2019-1170/article-1
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

