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National Supervisory Authority
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|Category:||Single European Sky|
Composition and Objectives
European Union Member States are required or establish a body (or bodies) as their National Supervisory Authority (NSA) in order to carry out the tasks assigned to such authority under the Single European Sky legislation.
National Supervisory Authorities ensure the supervision of the ATM regulatory framework in all EU Member States. They are in particular responsible for certifying and overseeing air navigation service providers (ANSP).
The NSAs shall be independent of air navigation service providers. This independence is achieved through adequate separation, at the functional level at least, between the NSAs and such service providers. EU Member States shall ensure that National Supervisory Authorities exercise their powers impartially and transparently.
As a matter of fact, the large majority of NSAs are institutionally separated from the service providers, the NSA function being usually vested in the State civil aviation administration. Only in 4 out of 28 cases a functional separation has been achieved - both NSA and the ANSP are part of the same organisation, but are internally separated so as to ensure independence of the NSA.
The major tasks assigned to National Supervisory Authorities under the Single Sky legislation are:
- ANSP certification;
- Designation on behalf of States of air traffic service providers (in the airspace falling within their area of responsibility);
- Ensure compliance with charging principles for air navigation services;
- Application of safeguards under the Interoperability regulation;
- Monitor compliance.
National Supervisory Authorities are responsible for organising proper inspections and surveys to verify service provider’s compliance with the SES Service Provision Regulation and related common requirements for the provision of air navigation services. The NSAs may decide to entrust carrying out inspections and surveys, which fall within their remit, to qualified entities. The EC has established the requirements to be complied with by organisations to be recognised as qualified entities.
The role and responsibilities of a NSA for the safety oversight of air navigation services (ANS), air traffic flow management (ATFM) and airspace management (ASM) for general air traffic are further detailed in Regulation 2017/373 - Requirements for providers of ATM/ANS and other ATM network functions and their oversight.
The second SES legislative package further reinforces the requirements that NSAs and the persons responsible for their management act independently, impartially and transparently. EU Member States shall ensure that NSAs have adequate human and financial resources to carry out their duties.
More detailed information regarding the responsibilities and tasks of the NSAs can be found in:
- The Framework regulation (EC No 549/2004) - laying down the framework for the creation of the single European sky;
- The Service provision regulation (EC No 550/2004) - laying down common requirements for the provision of air navigation services;
- Commission Implementing Regulation (EU) No 1035/2011 laying down common requirements for the provision of air navigation services;
- Air Transport Portal of the European Commission - Single European Sky