1. Each Member State of the European Union shall apply EU law and take appropriate action to that end. The European Commission is the body responsible for detecting possible breaches of EU law.
In the event that a Member State does not apply Union law and fails to fulfill any of the obligations laid down in the EU Treaties, the European Commission may initiate formal infringement proceedings under Articles 258 and 260 TFEU (details of infringement proceedings here).
2. In accordance with the provisions of Regulation 29/2009/EC (on laying down requirements on data link services for the single European sky), each Member State must take the necessary measures to ensure that air traffic service providers have the capacity to provide and operate data link services.
Data link services are communications between aircraft and the ground that are conveyed through data links, complementing the voice communications used traditionally within air traffic control. The deployment of this interoperable technology in Europe is essential to improving the efficiency of communications between pilots and controllers, thereby increasing air traffic control capacity.
However, the Commission noted that a lack of equipment in certain control centres is effectively preventing aircraft operators, which were also required to equip themselves with the technology, from using data link services. It therefore sent letters of formal notice on 15 May 2020. The problem, however, does not appear to have been resolved and the Commission has taken further action in 2021.
As mentioned in the “February infringement package: main decisions/18-2-2021”, and in the “July infringement package: main decisions/15-7-2021” the European Commission initially sent an additional letter of formal notice (following a first) and then a reasoned opinion, calling on Greece to comply with EU rules for the provision of data link services [infringement number: INFR (2020) 2050]. This is because Greece, along with 5 other Member States, is failing to provide and operate data link services for all operators of appropriately equipped aircraft flying within the airspace under their responsibility, and therefore the European Commission considers that Greece is infringing EU law by incorrectly applying the provisions of Regulation (EC) 29/2009.
The application of EU law is an obligation of the Member States of the European Union.
If possible breaches of EU law are detected, the European Commission may take a series of actions against that Member State to ensure the correct and full application of EU law by initiating infringement proceedings in accordance with Articles 258 and 260 of the TFEU.
In this case, the European Commission sent two letters of formal notice, followed by a reasoned opinion, calling on Greece to comply with the provisions of Regulation 29/2009/EC. This is because Greece, along with 5 other Member States, is failing to provide and operate data link services for all operators of appropriately equipped aircraft flying within the airspace under their responsibility, and therefore the European Commission considers that Greece is infringing EU law by incorrectly applying the provisions of Regulation (EC) 29/2009.
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