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2.1 Joint designation of ATSPs

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Article Information
Category: ANSPs - Designation and Arrangements - Checklist ANSPs - Designation and Arrangements
Content source: European Commission European Commission
Legal References

Article 8 of Regulation (EC) No 550/2004(SPR), as amended by Regulation (EC) No 1070/2009 (SES II);

In relation to Articles 2.25 and 10 of Regulation (EC) No 550/2004 (FR);

Article 4 of draft EASA CR-IR

Important note: All items shown in bold text indicate either mandatory regulatory requirements or actions in relation to such requirements.

Joint designation of ATSPs in a FAB

  • Where a FAB extends across the airspace under the responsibility of more than one MS, all MS in the FAB must jointly designate the certified ATSPs providing services in blocks of airspace part of that FAB, at least one month before its implementation.
  • MS must ensure that all concerned ATSPs fulfil the certification requirements in accordance with Articles 7 and 8.1 SPR.
    • MS have discretionary powers in choosing an ATSP, on condition that it fulfils the requirements and conditions in Articles 6 & 7 SPR.
      • An ATSP having been granted derogations as per Article 4 of draft EASA CR-IR is not eligible for cross-border provision of ATS and mutual recognition of their certificate within the SES; it may be designated only within the airspace of the MS which granted certification.
    • See section 7.2.1 how to apply this requirement in the case of:
      • non-certified ATSPs from 3rd countries participating in a FAB;
      • non-certified ATSPs in accordance with Article 7(5) SPR;
      • ATSPs certified with exceptions in accordance with Articles 4 and 5 of draft EASA CR-IR.
  • MS should define in the joint designation act the rights and obligations to be met by the designated ATSPs. Obligations may include conditions for the timely supply of relevant information enabling all aircraft movements in the FAB to be identified.
  • With the SES II definition for FABs in mind, MS should base their designation specifically on improving performance and optimising service provision in the FAB, on further enhancing cooperation among ANSPs and, where appropriate, designate an integrated provider.
  • A FAB joint designation of ATSPs supersedes all previous designations of ATSPs with respect to the same airspace made individually by MS.
    • MS need to repeal previous designations and ensure that their national law is not in contradiction with the joint designation act;
    • MS maintain their national designations for any blocks of airspace in their responsibility but which are not included in the FAB.
  • For the provision of cross-border services, the FAB States must verify and, if necessary, amend their national law by repealing any legal provisions requiring that ATSPs providing services in the airspace under responsibility of that MS:
    • are owned directly or through a majority holding by that MS or its nationals; or
    • have their principal place of operation or registered office in the territory of that MS; or
    • use only facilities in that MS;
  • Consultation of stakeholders and specifically of users, in accordance with Article 10 FR is of particular importance in this context.
  • The FAB MS must immediately inform the EC and other MS of any decision taken in the frame of Art 8 SPR.

Link to the related detailed guidance material

7.2.1 Joint designation of ATSPs