Page 28 - UK ATM ANS Regulations (Consolidated) 201121
P. 28

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

                                              adequate storage, accessibility, and reliable traceability of:
                                              (1) the management system's documented policies and procedures;
                                              (2) training, qualification, and authorisation of personnel as required by point
                                                  ATM/ANS.AR.B.001(a)(2);
                                              (3) the allocation of tasks, covering the elements required by point ATM/ANS.AR.B.005,
                                                  as well as the details of tasks allocated;
                                              (4) certification and/or declaration processes;
                                              (5) designations of air traffic services and meteorological services providers, as
                                                  appropriate;
                                              (6) certification and oversight of service providers exercising activities within the United
                                                  Kingdom, but certified by the competent authority of a Member State or the Agency,
                                                  as agreed between those authorities;
                                              (7) the evaluation of MOC proposed by service providers and the assessment of MOC
                                                  used by the competent authority itself;
                                              (8) compliance of service providers with the applicable requirements of this Regulation
                                                  after the issuance of the certificate or, where relevant, submission of a declaration,
                                                  including the reports of all audits, covering findings, corrective actions, and date of
                                                  action closure, and observations as well as other safety-related records;
                                              (9) enforcement measures taken;
                                              (10) safety information, safety directives and follow-up measures;
                                              (11)  the use of flexibility provisions in accordance with Article 14 of Regulation (EC) N o
                                                  216/2008.
                                          (b)  The competent authority shall maintain a list of all service provider certificates issued and
                                              declarations received.
                                          (c)  All records shall be kept for a minimum period of 5 years after the certificate ceases to be
                                              valid or the declaration is withdrawn, subject to the applicable data protection law.
             ATM/ANS.AR.B.015(a)(2) AMC1  Record-keeping
                                      DURATION OF RETENTION PERIOD OF RECORDS
                                      Records related to the training and qualification of the personnel of the competent authority should be
                                      kept until the end of their employment.
             ATM/ANS.AR.B.015(a)(8)  Record-keeping
                                      RECORD-KEEPING FOR FUNCTIONAL SYSTEMS CHANGE MANAGEMENT PROCEDURES
                                      The competent authority should keep a record of all the change management procedures,
                                      modifications and deviations it has approved in accordance with ATM/ANS.AR.C.030(a) and those
                                      that have been rejected, together with a rationale. The competent authority should be able to cross-
                                      reference them to the requirement of the associated requirement in the Regulation that they intend to
                                      comply with.

                              SUBPART C OVERSIGHT, CERTIFICATION AND ENFORCEMENT (ATM/ANS.AR.C)
                     Reference       Description
             ATM/ANS.AR.C.001        Monitoring of safety performance
                                          (a)  The competent authority shall regularly monitor and assess the safety performance of the
                                              service providers under its oversight.
                                          (b)  The competent authority shall use the results of the monitoring of safety performance in
                                              particular within its risk-based oversight.
             ATM/ANS.AR.C.005        Certification, declaration, and verification of service providers' compliance with the requirements
                                          (a)  Within the framework of point ATM/ANS.AR.B.001(1), the competent authority shall
                                              establish a process in order to verify:
                                              (1) service providers' compliance with the applicable requirements set out in Annexes
                                                  III to XIII, and any applicable conditions attached to the certificate before the issue of
                                                  that certificate. The certificate shall be issued in accordance with Appendix 1 to this
                                                  Annex;
                                              (2) compliance with any safety-related obligations in the designation act issued in
                                                  accordance with Article 8 of Regulation (EC) No 550/2004;
                                              (3) continued compliance with the applicable requirements of the service providers
                                                  under its oversight;
                                              (4) implementation of safety objectives, safety requirements and other safety-related
                                                  conditions identified in declarations of verification of systems, including any relevant
                                                  declaration of conformity or suitability for use of constituents of systems issued in
                                                  accordance with Regulation (EC) No 552/2004;
                                              (5) the implementation of safety directives, corrective actions and enforcement
                                                  measures.
                                          (b)  The process referred to in point (a) shall:
                                              (1) be based on documented procedures;
                                              (2) be supported by documentation specifically intended to provide its personnel with
                                                  guidance to perform their tasks related to certification, oversight and enforcement;
                                              (3) provide the organisation concerned with an indication of the results of the
                                                  certification, oversight and enforcement activity;
                                              (4) be based on audits, reviews and inspections conducted by the competent authority;
                                              (5) with regard to certified service providers, provide the competent authority with the
                                                  evidence needed to support further action, including measures referred to in Article
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