Article 42 Availability of and access to operational data for general air traffic

1.   With regard to general air traffic, relevant operational data shall be made available in an interoperable format in real-time, on a transparent and non-discriminatory basis and without prejudice to national security, public order and defence policy interests, by all air navigation service providers, airspace users, airports and the Network Manager, including on a cross-border and a Union-wide basis. Such availability shall be to the benefit of certified or declared air navigation service providers, entities having a proven interest in considering the provision of air navigation services, military entities in charge of security and defence activities, military air navigation service providers, airspace users and airports as well as the Network Manager. The data shall be used only for operational purposes.

2.   Prices for the service referred to in paragraph 1 shall be based on general principles and common pricing rules to be established in the implementing act referred to in paragraph 4.

3.   Access to relevant operational data as referred to in paragraph 1 of this Article shall be granted free of charge to the authorities in charge of safety oversight, performance and network oversight, security, public order, and defence, including the Agency, in accordance with Regulation (EU) 2018/1139.

4.   The Commission shall adopt implementing acts laying down the detailed requirements for the making available of and the access to data in accordance with paragraphs 1 and 3 of this Article, including the specific operational data concerned, the general principles and common pricing rules for setting the prices as referred to in paragraph 2 of this Article, and requirements for the identification of entities having a proven interest in considering the provision of air navigation services. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 48(3).