Datalink: is there a list of exemptions? Eurocontrol had promised this a long time ago.
Answer
The datalink equipage requirements as per the Commission Regulation (EC) No 29/2009 are applicable for operators starting from 5 February 2020 (CPDLC mandate) for all IFR GAT flight above FL285 within the airspace defined in the regulation. CPDLC in Europe is to be performed via ATN VDL Mode 2.
However, this regulation provides many criteria for non-applicability and/or exemptions.
It should be noted that the operator’s aircraft can benefit from the DLS equipage exemption, if the operator/aircraft satisfies one of the criteria listed in Article 3 (non-applicability) of the Regulation (EC) No 29/2009 as amended, or the aircraft type/model is listed as appropriate in the EC Decision for aircraft types/models to be DLS exempted (based on Article 14),
Please find below a link to a consolidated version of Regulation 29/2009 (not including the latest amendment 2019/1170)
https://eur-lex.europa.eu/legal-content/EN/TXT/?qid=1548919155226&uri=C….
Please find below the link to regulation 2019/1170, which revises mostly Article 3, thus introducing new possibilities for exemption (rather non-applicability):
https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32019R1170
In addition, there is a draft European Commission (EC) Decision on aircraft type/models to be DLS exempted (in accordance with Article 14), published for public consultation:
https://ec.europa.eu/info/law/better-regulation/initiatives/ares-2019-4…
Pending the comments review, the final EC Decision is expected to be published in October.