Malta referred to EU court for failing to comply with rules on data link services

The European Commission has referred Malta to the Court of Justice of the European Union for failing to provide and operate data link services for all operators of appropriately equipped aircraft flying within the airspace under their responsibility.

The Commission opened infringement proceedings against Malta and 10 other Member States in May 2020, and sent reasoned opinions in July 2021.

But since Malta, Greece and Slovakia remain in breach of the regulation, the Commission has referred these cases to the Court.

Data link systems are used to send information between aircraft and air traffic controllers, aiding in improving the efficiency of communications between pilots and controllers. In turn, this increases air traffic control capacity.

The regulation lays down the requirements for the coordinated introduction of data link services based on air-ground point-to-point data communications. But the deadline for air traffic service providers to operate data link services expired in February 2018.

Meanwhile, the Commission has sent a separate reasoned opinion to Malta, urging government to fully transpose the Renewable Energy Directive.

The directive provides a legal framework for the development of renewable energy in electricity, heating and cooling, and transport across the EU.

Apart from setting an EU-level binding target for 2030 of at least 32% renewable energy, the directive includes measures to ensure support for renewable energy is cost-effective.

It also simplifies administrative procedures for renewable energy projects.

The deadline to transpose the directive into national law was June 2021. A month later, the Commission sent letters of formal notice to Italy, Malta and Slovenia for only partially transposing the directive.

The three countries have two months to comply with the transposition obligation and notify the Commission, or face proceedings before the Court of Justice of the European Union.