Page 27 - UK ATM ANS Regulations (Consolidated) 201121
P. 27

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

                                              (2) training;
                                              (3) participation in other projects;
                                              (4) planned absence; and
                                              (5) the need to include a reserve for unplanned tasks or unforeseeable events.
                                          (g)  The determination of working time available for certification, oversight and enforcement
                                              activities should also take into account the possible use of third parties.
             ATM/ANS.AR.B.001(a)(4) AMC1  Management system
                                      COMPLIANCE MONITORING PROCESS
                                      The formal process to monitor the compliance of the management system with the relevant
                                      requirements, and the adequacy of the procedures should:
                                          (a)  include a feedback system of audit findings to ensure implementation of corrective
                                              actions as necessary; and
                                          (b)  be the responsibility of a person or group of persons who should be responsible to the
                                              senior management of the competent authority and who perform(s) compliance
                                              monitoring activities with functional independence from the units/departments (s)he (they)
                                              oversees (oversee) and with direct access to the senior management of the competent
                                              authority and to appropriate management for safety matters.
             ATM/ANS.AR.B.005        Allocation of tasks to qualified entities
                                          (a)  The competent authority may allocate its tasks related to the certification or oversight of
                                              service providers under this Regulation, other than the issuance of certificates
                                              themselves, to qualified entities. When allocating such tasks, the competent authority
                                              shall ensure that it has:
                                              (1) a system in place to initially and continuously assess that the qualified entity
                                                  complies with Annex V to Regulation (EC) No 216/2008. This system and the
                                                  results of the assessments shall be documented; and
                                              (2) established a documented agreement with the qualified entity, approved by both
                                                  parties at the appropriate management level, which clearly defines:
                                                   (i)  the tasks to be performed;
                                                   (ii)  the declarations, reports and records to be provided;
                                                  (iii)  the technical conditions to be met when performing such tasks;
                                                  (iv) the related liability coverage;
                                                  (v)  the protection given to information acquired when carrying out such tasks.
                                          (b)  The competent authority shall ensure that the internal audit process and the safety risk
                                              management process required by point ATM/ANS.AR.B.001(a)(4) cover all tasks
                                              performed on its behalf by the qualified entity.
             ATM/ANS.AR.B.005 AMC1   Allocation of tasks to qualified entities
                                      ASSESSMENT OF THE QUALIFIED ENTITIES
                                          (a)  The competent authority should include in its system to initially and continuously assess
                                              the qualified entity's(ies') compliance with Annex V to Regulation (EC) No 216/2008, the
                                              possibility for the competent authority to perform audits of the qualified entity(ies).
                                          (b)  The competent authority should verify that all qualified entities' personnel concerned with
                                              the conduct of audits or reviews should be adequately trained and qualified. The
                                              competent authority should verify how the qualified entities:
                                              (1) define and document the education, training, technical and operational knowledge,
                                                  experience and qualifications for those involved in oversight activities;
                                              (2) ensure specific training for those involved in oversight activities; and
                                              (3) ensure that personnel designated to conduct audits meet specific qualification
                                                  criteria. The criteria should address:
                                                   (i)  the knowledge and understanding of the requirements related to the services
                                                      provision in ATM/ANS and other ATM network functions against which audits
                                                      may be performed;
                                                   (ii)  the use of assessment techniques;
                                                  (iii)  the skills required for managing an audit; and
                                                  (iv) the demonstration of competence of auditors through evaluation or other
                                                      acceptable means.
             ATM/ANS.AR.B.005 GM1    Allocation of tasks to qualified entities
                                      GENERAL
                                      The competent authority may decide to allocate to qualified entities certain or all of its tasks that are
                                      assigned to such authority under this Regulation.
             ATM/ANS.AR.B.010        Changes in the management system
                                          (a)  The competent authority shall have a system in place to identify changes that affect its
                                              capability to perform its tasks and discharge its responsibilities under this Regulation.
                                              This system shall enable it to take action, as appropriate, to ensure that the management
                                              system remains adequate and effective.
                                          (b)  The competent authority shall update its management system to reflect any change to
                                              this Regulation in a timely manner, so as to ensure effective implementation.
                                          (c)  The competent authority shall notify the Secretary of State of significant changes affecting
                                              its capability to perform its tasks and discharge its responsibilities under this Regulation.
             ATM/ANS.AR.B.015        Record-keeping
                                          (a)  The competent authority shall establish a system of record-keeping providing for
     20th November 2021                                                                                      27 of 238
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