Would a 767-300 be considered FANS-1 capable without SATCOM? It is known that aircraft flying in Europe above FL285 will be mandated to be capable of PM-CPDLC data link communication. Our 767-300 has ACARS CMU, Pegasus FMC, MCDU and VHF radios (three). The ACARS system works fine, but there is no SATCOM. 

As indicated on COMMISSION REGULATION (EC) No 29/2009, aircraft with an individual airworthiness certificate issued before 1 January 2014 that are equipped with Future Air Navigation System (FANS-1) are exempt from the requirement of the PM-CPDLC for the lifetime of the aircraft.

My question is, would our 767-300 aircraft with the above avionics be considered FANS-1 capable and qualify for the exemption? Any suggestions on how I can confirm that?
You would ask the maker of your MCDU whether it's FANS-1 capable using just a VHF datalink. Satcom isn't necessarily a requirement, but you would only be able to use it where VDL is provided, for instance in Europe but not on oceanic routes.