
Article 1 
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.
Article 2 
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.Done at Brussels, 8 July 2019.
For the Commission
The President
Jean-Claude JUNCKER
ANNEX

'
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 Change 1, published in April 2007, and Change 2, published in October 2007.
'
