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2.3 Article 10 SPR arrangements

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

Articles 10.1 and 10.2 of Regulation (EC) No 550/2004(SPR), as amended by Regulation (EC) No 1070/2009 (SES II);

§ 7 paragraph 3 of Annex I of Regulation (EC) No 2096/2005(CR-IR) with respect to liability or draft EASA CR-IR;

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

Cross-border or FAB agreements between ANSPs as per Article 10 SPR

  • All ANSPs in a FAB should verify:
    • that their working arrangements with other ANSPs are based on valid Article 10 SPR written agreements or equivalent legal arrangements; and identify needs of new agreements or to renew such arrangements arising from the new FAB operational environment;
    • that no working relationships are effectively established by which an ANSP in the Community avails itself of the services of another service provider, however without fulfilling the mandatory requirements set by Article 10.2 SPR, i.e.:
      • setting out the specific duties and functions assumed by each party/ provider;
      • allowing for the exchange of operational data between the concerned service providers and with other service providers in as far as GAT is concerned;
    • that all existing and new written agreements or equivalent legal arrangements concluded or planned in the frame of Article 10 SPR are notified to the responsible NSA(s).
  • Written Article 10 SPR agreements or equivalent legal arrangements formalising working relationships among the service providers should be based on consultation of relevant stakeholders, particularly of users, in accordance with Article 10 FR.
  • For the purpose of establishing sound and effective working relationships between ANSPs, written Article 10 SPR agreements or equivalent legal arrangements should also provide for:
    • the specific responsibilities, rights and obligations of the ANSPs concerned;
    • allocation of liability between the ANSPs and adequate insurance cover (address potentially different levels of maximum levels of liability/ insurance cover in mandatory insurance requirements also contained in the designation act);
    • dispute resolution;
    • authorisation to agree LoAs at operational level, including amendment process and related conditions to be met by ANSPs;
    • access to and protection of data; confidentiality issues;
    • a link to the arrangements for supervision between NSAs according to paragraphs (3), (4), (5) of Article 2 SPR;
    • the regular review and amendment of the arrangements provided for in the agreement.

Link to the related detailed guidance material

7.2.3 Article 10 SPR arrangements