Page 10 - UK ATM ANS Regulations (Consolidated) 201121

Cover Regulation - Air Traffic Management/Air Navigation Services

of this Regulation, so as to allow them, as entities that are not subject to Implementing
Regulation (EU) No 1035/2011 but that are subject to the practice of issuing voluntary
letters of acceptance by the Agency, to benefit from an early application of this Regulation
in this regard and the mutual recognition of those certificates. Such early application of
this Regulation with respect to data services providers would also relieve aircraft
operators from their oversight responsibilities when contracting the services of those
providers, once the provider is certified for aeronautical databases. Where such a
provider makes use of that possibility, it should be bound by the applicable requirements
of this Regulation for the purposes of obtaining a certificate and subsequently continue to
be bound by those requirements. In view of this possibility for data service providers, the
relevant provisions of this Regulation concerning the competent authority in respect of
those providers, which is in this case only the Agency, should also apply already from the
date of entry into force of this Regulation.
(17) The provisions contained in Commission Implementing Regulation (EU) No 923/2012
should be complemented with aspects related to the provision of air traffic services, to
ensure consistency of service provision with pilot and air traffic service personnel actions
and requirements under that Regulation.
(18) The safety acceptability of any change proposed by a service provider should be
assessed based on the analysis of the risks posed by the introduction of a change to its
functional system, differentiated under either quantitative or qualitative objective
assessment criteria, or a combination of both, to be determined at a local level.
(19) For reasons of consistency and ease of application, the provisions of Commission
Regulation (EC) No 482/2008 should be integrated in this Regulation and Commission
Regulation (EC) No 482/2008 should therefore be repealed.
(20) The requirements of Articles 12 and 21 of Commission Regulation (EU) No 677/2011 and
Annex VI thereto should be integrated in this Regulation in order to ensure a harmonised
approach to all service providers. Therefore, those provisions should be deleted.
(21) Commission Implementing Regulation (EU) 2016/1377, which has not yet become
applicable, contains numerous errors. In order to eliminate those errors, while at the
same time ensuring the required legal clarity, it is appropriate to repeal Implementing
Regulation (EU) 2016/1377 in its entirety and to replace it with the rules set out in this
Regulation.
(22) The measures provided for in this Regulation are based on the opinion of the Agency in
accordance with Articles 17(2)(b) and 19(1) of Regulation (EC) No 216/2008.
(23) The measures provided for in this Regulation are in accordance with the opinion of the
Committee established by Article 5(3) of Regulation (EC) No 549/2004,
HAS ADOPTED THIS REGULATION:
Article 1 Article 1 Subject matter
(1) the provision of air traffic management and air navigation services (‘ATM/ANS’) and other
air traffic management network functions (‘ATM network functions’) for general air traffic,
in particular for the legal or natural persons providing those services and functions;
(2) the competent authority, and the qualified entities acting on its behalf, which exercise
certification, oversight and enforcement tasks in respect of the providers of the services
and functions referred to in point (1).
Article 1 GM1 Article 1 Subject matter
SCOPE
In reference to the ‘scope’, please refer to GM1 ATM/ANS.OR.A.001 ‘Scope’.
Article 2 Article 2 Definitions
For the purposes of this Regulation, the definitions in Annex I and the following definitions shall apply:
(1) the definitions in Article 2 of Regulation (EC) No 549/2004 and Article 3 of Regulation (EC)
No 216/2008, except for the definition of ‘certificate’ in Article 2(15) of Regulation (EC) No
549/2004;
(1) (A) ‘the CAA’ means the Civil Aviation Authority;
(2) “ATM/ANS provider” means any legal or natural person providing any of the ATM/ANS as
defined by Article 3(5) of Regulation (EU) 2018/1139, either individually or bundled, for
general air traffic;
(5) ‘data services provider (DAT provider)’ means an organisation, which is:
(a) type 1 DAT provider that processes aeronautical data for use on aircraft and
provides an aeronautical database meeting the DQRs, under controlled conditions,
for which no corresponding airborne application/equipment compatibility has been
determined;
(b) type 2 DAT provider that processes aeronautical data and provides an aeronautical
database for use on certified aircraft application/equipment meeting the DQRs for
which compatibility with that application/equipment has been determined.
Article 2 GM1 GM1 Article 2 'Definitions'
GENERAL
(a) Article 3(q) of Regulation (EC) No 216/2008 defines ATM/ANS as ‘the air traffic
management functions as defined in Article 2(10) of Regulation (EC) No 549/2004, air
navigation services defined in Article 2(4) of that Regulation, and services consisting in
the origination and processing of data and formatting and delivering data to general air
traffic for the purpose of safety-critical air navigation’.
(b) It should, therefore, be noted that ‘ATM/ANS’ includes more services and functions than
‘air traffic management’ and ‘air navigation services’ together.
(c) It is important to note that ATS is included in ATM and ANS.
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