Article 5Obligations of ATS providers for data link communications

1.ATS providers shall ensure that the ground systems referred to in Article 1(2) and their constituents support the air-ground applications defined in the ICAO standards specified in points 2 and 3 of Annex III.

2.ATS providers shall ensure that the ground systems referred to in Article 1(2)(c) and their constituents apply end-to-end communications in compliance with the requirements of Part A of Annex IV for data exchanges of the air-ground applications defined in the ICAO standards specified in points 2 and 3 of Annex III.

3.ATS providers that rely upon other organisations for the provision of communication services for data exchanges with aircraft which are necessary for air-ground applications defined in the ICAO standards specified in points 2 and 3 of Annex III shall ensure that those services are provided in accordance with the terms and conditions of a service level agreement, including in particular:

(a)the description of communication services in accordance with the requirements of the data link services defined in Annex II;

(b)the description of the security policy put in place to secure data exchanges of the air-ground applications defined in the ICAO standards specified in points 2 and 3 of Annex III;

(c)the relevant materials to be supplied for the monitoring of the quality of service and performances of communication services.

4.ATS providers shall make appropriate arrangements to ensure that data exchanges can be established with all aircraft flying in the airspace under their responsibility and having data link capability in accordance with the requirements of this Regulation, with due regard to possible coverage limitations inherent in the communication technology used.

5.ATS providers shall implement in their flight data processing systems the log on forward and next authority notification processes between ATC units in accordance with Commission Regulation (EC) No 1032/2006(1) as far as the requirements for automatic systems for the exchange of flight data supporting data link services are concerned.

6.ATS providers shall monitor the quality of service of communication services and verify their conformance with the level of performance required for the operational environment under their responsibility.