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2.4 State approval of arrangements for ATS provision

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

Articles 10.3 and 8.2 of Regulation (EC) No 550/2004(SPR);

In relation to: Article 10 FR [1]of Regulation (EC) No 549/2004(FR)


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

State approval of Article 10 SPR arrangements between ATS providers

  • Each MS should verify that appropriate legal provisions have been made as regards which is the competent State authority for issuing the specific State approvals required in the frame of Article 10.3 SPR arrangements involving the provision of ATS;
    • there is high inter-dependency of Article 10 SPR with the regulatory requirements for supervision in a FAB and of cross-border service provision arrangements; in principle, MS may delegate their NSAs responsible for ATS/ATM for undertaking this task;
    • where, by provisions in the existing national law, the nominated NSA or a different authority does not have such prerogatives/ duties on behalf of the State, that MS should take immediate action to nominate the competent State authority for issuing the specific State approvals in the frame of Article 10.3 SPR arrangements involving the provision of ATS;
    • MS in a FAB may consider to reorganise/ redefine the responsibilities/ competences in this respect at FAB level by making corresponding provisions in the FAB Agreement on supervision or in pursuant NSA-level Agreement(s);
  • All designated ATSPs in a FAB should verify that all their written agreements or equivalent legal arrangements concluded or planned as per Article 10 SPR and involving the provision of ATS are notified to the competent national authorities(s) and are approved before they are made effective.
  • For the provision of cross-border services, MS 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.
  • State approvals of Article 10 agreements/ arrangements should give regard to consultation of stakeholders as per Article 10 FR, particularly as regards the opinions and requirements of the airspace users and social partners;
  • MS, the NSAs and the ATSPs in a FAB should carefully consider the complementarities between the joint designation of ATSPs in accordance with Article 8 SPR and the working relationships concluded by means of Article 10 written agreements/ arrangements;
    • Responsibility towards the designating MS rests with the designated provider. When two ATSPs establish arrangements under Article 10 SPR, this does not change the responsibility towards the designating State. Responsibility cannot be passed on to another provider unless the MS concerned change the joint designation;
    • The FAB MS and ATSPs concerned should assess periodically if any of the existing Article 10 agreements/ arrangements involving ATS provision would normally require a change in the joint designation act, meaning by that a change in the allocation of responsibilities among the ATSPs; if so, the FAB States should amend the respective joint designation.

Link to the related detailed guidance material

7.2.4 State approval of arrangements for ATS provision