The legal status is unknown for the Logon Ineligible Avionics List, formerly known as the Black List, and is being challenged by some equipment manufacturers. There is no European consensus on this, and for now the decision to grant temporary exemption will be made by the either the national authority or EASA. Today, non-compliant operators will not incur any penalties, but may be reported by Eurocontrol for potential future action. However, this is not currently clear, and it is the responsibility of the European Commission Network Manager to decide. This decision-making is scheduled for April 2020.
If operators found themselves not exempt or not compliant by February 5th, they must also apply for a temporary exemption by asking their local airworthiness authority if they are an EU member, or by asking EASA if they are not an EU member. The exemption duration depends on the authority – there are no fixed periods – and operators will need to provide a plan for CPDLC incorporation. Alternatively, FANS 1/A should be acceptable as an alternative to CPDLC. In addition, EASA is encouraging operators that are disrupted by the Boeing 737 MAX delays and need to continue operating their current fleet to also follow this same process and apply for temporary exemption.
However, there is some unhappiness about aircraft which have not been granted exempt status. These operators did not ask for exemption during the consultation period in 2019. The European Commission believe that there was sufficient consultation time, and has no current plans to update the annex list of exempted aircraft types, named the ‘Commission Implementing Decision (EU) 2019/2012’.
Although the mandate has arrived, there are still many open questions to be answered in addition to the open items in this article: how do operators access aircraft data when they do not have AOC capability? How will exempt aircraft be recognized as exempt to ATC? We will report on further developments in June, following the next scheduled DLSG meeting.
Article publication date: March 3, 2020.
For more information on Fokker Services’ CPDLC solution, please contact Iris van den Nieuwenhof, Regional Sales Director, EMEA, Fokker Services: Iris.VanDenNieuwenhof@fokker.com
Watch the Fokker Services CPDLC video here to find out more about the mandate as well as Fokker Services’ solution.
For more information, please refer to Eurocontrol’s website and WikiLink main page.
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