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Regulation 2017/373 - Requirements for providers of ATM/ANS and other ATM network functions and their oversight

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Commission Implementing Regulation (EU) No 2017/373 of 1 March 2017 laying down common requirements for providers of air traffic management/air navigation services and other air traffic management network functions and their oversight, repealing Regulation (EC) No 482/2008, Implementing Regulations (EU) No 1034/2011, (EU) No 1035/2011 and (EU) 2016/1377 and amending Regulation (EU) No 677/2011 - text published in the Official Journal of the European Union

Objective

To lay down common requirements for:

  • the provision of ATM and air navigation services and other ATM network functions for general air traffic;
  • the competent authorities, which exercise certification, oversight and enforcement tasks.

Summary

Structure

The main body of the Regulation is followed by 13 Annexes:

  • Annex I - Definitions of terms used in Annexes II to XIII (Part-Definitions)
  • Annex II - Requirements for competent authorities — oversight of services and other ATM network functions (Part-ATM/ANS.AR)
  • Annex III - Common requirements for service providers (Part-ATM/ANS.OR)
  • Annex IV - Specific requirements for providers of air traffic services (Part-ATS)
  • Annex V - Specific requirements for providers of meteorological services (Part-MET)
  • Annex VI - Specific requirements for providers of aeronautical information services (Part-AIS)
  • Annex VII - Specific requirements for providers of data services (Part-DAT)
  • Annex VIII - Specific requirements for providers of communication, navigation, or surveillance services (Part-CNS)
  • Annex IX - Specific requirements for providers of air traffic flow management (Part-ATFM)
  • Annex X - Specific requirements for providers of airspace management (Part-ASM)
  • Annex XI - Specific requirements for providers of procedure design (Part-ASD)
  • Annex XII - Specific requirements for the Network Manager (Part-NM)
  • Annex XIII - Requirements for service providers concerning personnel training and competence assessment (Part-PERS)

Certificates

Service providers shall be granted a certificate and be entitled to exercise the privileges granted within the scope of that certificate, where, in addition to the requirements referred to in Regulation 2018/1139, theycomply and continue to comply with the requirements of the relevant Annex to this Regulation.

Certificates that have been issued in accordance with Regulation 1035/2011 shall be deemed to have been issued in accordance with this Regulation. Member States shall replace these certificates with certificates complying with the format laid down in Appendix 1 to Annex II by 1 January 2021 at the latest.

Competent Authority

The competent authority responsible for the issuing of certificates to service providers, for the acknowledgment of receipts of declarations made by providers of flight information services, and for the oversight and enforcement in respect of service providers shall be the national supervisory authority, unless EASA is the competent authority pursuant to Regulation No 2018/1139.

For the purposes of this Regulation, data services providers and the Network Manager shall be considered to be pan-European service providers. Therefore, in these cases, EASA is the competent authority.

The competent authorities referred to in paragraph 1 shall comply with the requirements laid down in Annex II.

Where a Member State has nominated or established more than one competent authority to exercise the certification, oversight and enforcement tasks under this Regulation, it shall ensure that the areas of competence of each of those authorities are clearly defined. Those authorities shall establish coordination between them, based on written arrangements.

The competent authorities shall be independent of any service provider. Member States shall ensure that the competent authorities exercise their powers impartially and transparently. Member States shall ensure that their competent authorities do not allow their personnel to act under this Regulation where there are indications that this could result, in a conflict of interest.

EASA shall maintain a database of contact details of the competent authorities. For this purpose, Member States shall notify EASA of the names and addresses of their competent authorities, and of any subsequent changes.

The competent authorities shall be empowered to:

  • require the service providers subject to their oversight to provide all necessary information;
  • require any representative, manager or other member of the personnel of the service providers to provide oral explanations on any fact, document, object, procedure or other subject matter relevant to the oversight;
  • enter any premises and land, including operating sites, and means of transport of the service providers;
  • examine, copy or make extracts from any document, record or data held by or accessible to the service providers, irrespective of the medium on which the information in question is stored;
  • carry out audits, assessments, investigations and inspections of the service providers.

The powers provided of the competent authorities shall be exercised in compliance with the national law of the Member State and with the principle of proportionality. Where, prior authorisation from the judicial authority of the Member State is needed to enter premises, land and means of transport, the powers shall be exercised only after having obtained such prior authorisation. The competent authority shall ensure that the members of its staff are duly authorised.

The competent authorities shall take any appropriate measures to ensure that the service providers comply with this Regulation.

Entry Into Force

This Regulation entered into force in March 2017.

This Regulation applies from 2 January 2020.

This regulation repeals:

Articles 12 and 21 of Regulation 677/2011 and Annex VI to that Regulation are deleted.

Provisions regarding repeal and amendment of other Regulations apply from the date of entry into force.

Provisions regarding EASA apply from the date of entry into force.

Provisions regarding data service providers apply from 01.01.2019.

Regulation 2017/373 - Requirements for providers of ATM/air navigation services and other ATM network functions and their oversight (OJ, 08.03.2017)

Related articles

Further Reading

EASA

European Commission

EUROCONTROL