Page 22 - UK ATM ANS Regulations (Consolidated) 201121

Part ATM/ANS.AR - ANNEX II - Requirements for Competent Authorities
Oversight of Services and other ATM Network Functions

GENERAL REGULATION INFORMATION
Part ATM/ANS.AR
ANNEX II - Requirements for Competent Authorities Oversight of Services and other ATM
Network Functions
Commission Implementing Regulation (EU) 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 (Retained EU Legislation)

REGULATION ITEMS BY SECTION
SUBPART A GENERAL REQUIREMENTS (ATM/ANS.AR.A)

Reference Description
ATM/ANS.AR.A.001 Scope
This Annex establishes the requirements for the administration and management systems of the
competent authority so far as it exercises certification, oversight and enforcement tasks in respect of
the application of the requirements set out in Annexes III to XIII by the service providers in accordance
with Article 6.
ATM/ANS.AR.A.005 Certification, oversight and enforcement tasks
(a) The competent authority shall exercise certification, oversight and enforcement tasks in
respect of the application of the requirements applicable to service providers, monitor the
safe provision of their services and verify that the applicable requirements are met.
(b) The competent authority shall identify and exercise the responsibilities for certification,
oversight and enforcement in a manner which ensures that:
(1) specific points of responsibility exist to implement each provision of this Regulation;
(2) It is aware of the safety oversight mechanisms and its results;
ATM/ANS.AR.A.005(b) AMC1 Certification, oversight and enforcement tasks
REVIEW OF THE AGREEMENT
The agreement on the supervision in a functional airspace block (FAB) or in cases of cross-border
provision should include the frequency of the review.
ATM/ANS.AR.A.005(b) GM1 Certification, oversight and enforcement tasks
CONCLUSION OF AN AGREEMENT
The agreement on the supervision in a FAB or in cases of cross-border provision may be concluded
among:
(a) the competent authorities nominated or established under agreements concluded among
Member States in accordance with Article 2(3) of Regulation (EC) No 550/2004; or
(b) the competent authorities of the service providers in cases of cross-border provision.
ATM/ANS.AR.A.005(b) GM2 Certification, oversight and enforcement tasks
REVIEW OF THE AGREEMENT
During the review of the agreement, the competent authorities should address the practical
implementation considering the results of the assessment performed in accordance with
ATM/ANS.AR.C.001.
ATM/ANS.AR.A.005(c) GM1 Certification, oversight and enforcement tasks
COORDINATION ARRANGEMENTS BETWEEN COMPETENT AUTHORITIES FOR SELECTION
AND REVIEW OF MULTI-ACTOR CHANGES
(a) When the notification of a change to a service provider's functional system indicates, as
per AMC1 ATM/ANS.OR.A.045, that the change will affect the services provided by other
service providers either directly or by affecting the context in which these services are
delivered, these other service providers and the notifying service provider are participating
in a multi-actor change. Some or all of these other service providers may also notify their
competent authorities because they either have to make a reactive change or they are
participating in a cooperative change to their functional systems.
(b) If there are service providers participating in the multi-actor change who are proposing to
make changes to their functional systems and are under the oversight of more than one
competent authority, then the decision to review and the review itself of safety
assessments and safety support assessments has to be a coordinated activity involving
all the competent authorities that oversee the service providers participating in the multi-
actor change.
(c) Normally, competent authorities act independently when making decisions on how to
select and review safety assessments, but in the case of multi-actor changes that cross
State boundaries, the only way to ensure the effective selection and review of the notified
changes is through coordination with other competent authorities. Coordination
arrangements, which are difficult to define in advance, are to be established when the
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