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Regulation 2096/2005 - Common Requirements for the Provision of Air Navigation Services

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This Regulation was repealed in 2011 and is no longer applicable

Commission Regulation (EC) No 2096/2005 of 20 December 2005 laying down common requirements for the provision of air navigation services - text published in the Official Journal of the European Union

Objective

To establish the common requirements for the provision of air navigation services.

Summary

Scope

The common requirements do not apply to:

  • activities other than the provision of air navigation services by a provider;
  • resources allocated to activities outside the provision of air navigation services.

This Regulation identifies and adopts the mandatory provisions of the following Eurocontrol Safety Regulatory Requirements (ESARRs) which are relevant for the certification of air navigation service providers:

  • ESARR 3 on the use of safety management systems by air traffic management (ATM) service providers;
  • ESARR 4 on risk assessment and mitigation in ATM;
  • ESARR 5 on ATM services' personnel, requirements for engineering and technical personnel undertaking operational safety related tasks.

The regulation has five annexes:

  • Annex I describes the general requirements for the provision of air navigation services
  • Annex II describes the specific requirements for the provision of air traffic services
  • Annex III describes the specific requirements for the provision of meteorological services
  • Annex IV describes the specific requirements for the provision of aeronautical information service
  • Annex V describes the specific requirements for the provision of communication, navigation or surveillance services

Granting of Certificates

A national supervisory authority shall verify an air navigation service provider's compliance with the common requirements before issuing a certificate to that provider.

An air navigation service provider shall comply with the common requirements no later than the time at which the certificate is issued.

Demonstration of Compliance

The air navigation service provider shall provide all the relevant evidence to demonstrate compliance with the applicable common requirements at the request of the national supervisory authority.

A certified air navigation service provider shall notify the national supervisory authority of planned changes to its provision of services 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 national supervisory authority of planned safety related changes to the provision of air traffic services. (Note: This text was deleted by [repealed] Regulation 1315/2007 - Safety Oversight in ATM)

Where a certified air navigation service provider does not comply with the common requirements or with the conditions attached to the certificate, the competent national supervisory authority shall take a decision within one month and require corrective action to be taken. The national supervisory authority shall check that the corrective action has been implemented. If the corrective action has not been properly implemented, appropriate enforcement measures shall be taken.

Facilitation of Compliance Monitoring

Air navigation service providers shall facilitate inspections and surveys by the national supervisory authority or by a recognised organisation acting on the latter’s behalf, including site visits and visits without prior notice.

The authorised persons shall be empowered to:

  • examine the relevant records, data, procedures and any other material relevant to the provision of air navigation services;
  • take copies of or extracts from such records, data, procedures and other material;
  • ask for an oral explanation on site;
  • enter relevant premises, lands or means of transport.

Ongoing Compliance

The national supervisory authority shall monitor annually the ongoing compliance of the air navigation service providers which it has certified. It shall establish and update annually an indicative inspection programme. The programme shall indicate the envisaged interval of the inspections of the different sites.

Safety Regulation of Engineering and Technical Personnel

The national supervisory authority shall:

  • issue appropriate safety rules for engineering and technical personnel who undertake operational safety-related tasks;
  • ensure adequate and appropriate safety oversight of the engineering and technical personnel;
  • take appropriate action in respect of the operating organisation and/or its technical and engineering personnel who do not meet the required provisions;
  • verify that appropriate methods are in place to ensure that third parties assigned to operational safety-related tasks meet the required provisions.

Peer Review Procedure

The Commission, acting in cooperation with the Member States shall arrange peer reviews of national supervisory authorities.

A peer review shall be carried out by a team of national experts. A team shall be comprised of experts coming from at least three different Member States. Experts shall not participate in peer reviews in the Member State where they are employed. The Commission shall establish and maintain a pool of national experts.

Not less than three months before a peer review, the Commission shall inform the Member State and the national supervisory authority concerned of the peer review, the date on which it is scheduled to take place and the identity of the experts taking part in it. Within a period of three months following the review, the review team shall draw up a report which may contain recommendations. The Commission shall forward the report to the Member State concerned.

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 and Repeal

This Regulation entered into force in December 2005 and was replaced and repealed in 2011 by Regulation 1035/2011 - Common Requirements for the Provision of Air Navigation Services.

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Further Reading

European Commission

EUROCONTROL