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Regulation 1035/2011 - Common Requirements for the Provision of Air Navigation Services

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Commission Implementing Regulation (EU) No 1035/2011 of 17 October 2011 laying down common requirements for the provision of air navigation services and amending Regulations (EC) No 482/2008 and (EU) No 691/2010 - text published in the Official Journal of the European Union

Objective

The objective of this Regulation is to establish common requirements for the safe and efficient provision of air navigation services (ANS) in the Single European Sky.

Summary

Scope

Annex I to the Regulation establishes general requirements for the provision of air navigation services concerning:

  • Technical and operational competence and capability
  • Organisational structure and management
  • Safety and quality management
  • Security
  • Human resources
  • Financial strength
  • Liability and insurance cover
  • Quality of services
  • Reporting requirements

Annex II to the Regulation establishes specific requirements for the provision of air traffic services concerning:

  • Ownership
  • Open and transparent provision of services
  • Safety of services
  • Working methods and operating procedures

Annex III to the Regulation establishes specific requirements for the provision of meteorological services concerning:

  • Technical and operational competence and capability
  • Working methods and operating procedures

Annex IV to the Regulation establishes specific requirements for the provision of aeronautical information services concerning:

  • Technical and operational competence and capability
  • Working methods and operating procedures

Annex V to the Regulation establishes specific requirements for the provision of communication, navigation or surveillance services concerning:

  • Technical and operational competence and capability
  • Safety of services
  • Working methods and operating procedures

The common requirements do not do not apply to activities other than the provision of air navigation services by a provider of such services and to resources allocated to activities outside the provision of air navigation services.

Certification of ANS Providers

The competent authorities for the certification of ANS providers are:

  • for ANS providers established in a EU State and providing services in the territory of that State - the National Supervisory Authorities (NSA) established or nominated by that State;
  • for organisations providing pan-European services (such as the Network Manager) and for ANS providers established outside of EU and providing services within its territory – the European Aviation Safety Agency (EASA)

In order to obtain the certificate to provide ANS an organisation shall comply with the requirements set out in Annex I and depending on the type of service provided – with the relevant Annexes II to V. The competent authority shall verify an organisation’s compliance with the common requirements before issuing a certificate to it.

Certificates should be mutually recognised by EU Member States.

Derogations

The application of the common requirements to ANS providers should be proportionate to the risks linked with the specific features of each activity such as the number and/or the nature and characteristics of processed movements. Should certain ANS providers elect not to avail themselves of the opportunity to provide cross-border services within the Single European Sky, a competent authority should be entitled to allow those providers to comply commensurately with, respectively, certain general requirements for the provision of ANS and certain specific requirements for the provision of air traffic services. Consequently, the conditions attached to the certificate should reflect the nature and the scope of the derogation.

The competent authority shall specify the nature and the scope of the derogation in the conditions attached to the certificate, limit its validity in time and monitor whether the air navigation service provider continues to qualify for the derogation. In order to ensure the proper functioning of the certification scheme, Member States should provide the European Commission and the EASA with all relevant information on the derogations granted by their competent authority in the context of their annual reports.

Article 5 of the Regulation establishes detailed requirements on applying for and granting derogations.

Demonstration of Compliance

The air navigation service provider has the obligation to provide all the relevant evidence to demonstrate compliance with the applicable common requirements at the request of the competent authority. It shall inform NSA of any planned changes to the service provision which may affect its compliance with the applicable common requirements or with the conditions attached to the certificate.

A certified provider of air traffic services shall notify the competent authority of planned changes to its provision of air navigation services which may affect its compliance with the applicable common requirements or with the conditions attached to the certificate, where applicable.

Compliance Monitoring

In order to ensure the effective application of common requirements, a system of regular supervision and inspection of compliance with those common requirements and with the conditions specified in the certificate shall be established. The competent authority shall examine the suitability of a service provider prior to issuing a certificate and should assess the ongoing compliance of the provider it has certified on a yearly basis. For this reason the competent authority should establish and update annually an inspection programme.

Where a certified ANS provider does not comply any longer with the applicable common requirements or with the conditions attached to the certificate, the competent authority shall require the ANS provider to take corrective action within a specified time period. In case that the corrective action has not been properly implemented within the agreed timetable, the competent authority shall take appropriate enforcement measures.

Service providers shall facilitate inspections and surveys by the competent authority or by a qualified entity acting on the latter’s behalf, including site visits and visits without prior notice.

Safety Regulation of Engineering and Technical Personnel

With regard to the provision of ATS and CNS, the competent authority shall:

  • issue appropriate safety rules for engineering and technical personnel who undertake operational safety-related tasks;
  • ensure adequate and appropriate safety oversight of such engineering and technical personnel;
  • take appropriate action in respect of the service provider and/or its technical and engineering personnel who do not comply with the relevant specific requirements in Annex II;
  • verify that appropriate methods are in place to ensure that third parties assigned to operational safety-related tasks comply with the relevant specific requirements in Annex II.

Peer Reviews of NSAs

The European Commission, in cooperation with the Member States and the EASA, may arrange peer reviews of NSAs.

The Commission shall establish and maintain a pool of national experts, designated by Member States. The Member State whose NSA is subject to review shall approve the team of experts before it may carry out the review. Experts shall not participate in peer reviews in the Member State where they are employed.

A peer review shall be carried out by a team of national experts, and where appropriate, observers from the EASA. The Commission shall convene a meeting with the EASA, the experts and the NSA to discuss that report. Following the discussion the Commission shall forward the report to the Member State concerned. The State may present back its observations. Unless otherwise agreed, the report and the follow-up shall not be published.

The Commission shall inform the Member States through the Single Sky Committee of the main findings of these reviews on an annual basis.

Entry into Force

This Regulation entered into force in November 2011 and repealed Regulation 2096/2005 - Common Requirements for the Provision of Air Navigation Services.

This Regulation was repealed in 2017 by Regulation (EU) No 373/2017 with effect from 2 January 2020.


Regulation (EU) No 1035/2011 laying down common requirements for the provision of air navigation services (OJ, 18.10.2011)

Further Reading

European Commission

EUROCONTROL