Page 12 - UK ATM ANS Regulations (Consolidated) 201121

Cover Regulation - Air Traffic Management/Air Navigation Services

Article 5 Article 5 Powers of the competent authority referred to in Article 4
1. The competent authority shall, where required for the exercise of its certification,
oversight and enforcement tasks under this Regulation, be empowered to:
(a) require the service providers subject to its oversight to provide all necessary
information;
(b) require any representative, manager or other member of the personnel of those
service providers to provide oral explanations on any fact, document, object,
procedure or other subject matter relevant to the oversight of the service provider;
(c) enter any premises and land, including operating sites, and means of transport of
those service providers;
(d) examine, copy or make extracts from any document, record or data held by or
accessible to those service providers, irrespective of the medium on which the
information in question is stored;
(e) carry out audits, assessments, investigations and inspections of those service
providers.
2. The competent authority shall, where required for the exercise of its certification,
oversight and enforcement tasks under this Regulation, also be empowered to exercise
the powers set out in paragraph 1 in relation to the contracted organisations subject to the
service providers' oversight, as referred to in point ATM/ANS.OR.B.015 of Annex III.
3. The powers provided for in paragraphs 1 and 2 shall be exercised in compliance with the
applicable law, with due regard for the need to ensure the effective exercise of those
powers and for the rights and legitimate interests of the service provider and any third
persons concerned, and in compliance with the principle of proportionality. Where, in
accordance with the applicable law, prior judicial authorisation is needed to enter
premises, land and means of transport as referred to in point (c) of paragraph 1, the
related powers shall be exercised only after having obtained such prior authorisation.
When exercising the powers provided for in paragraphs 1 and 2, the competent authority
shall ensure that the members of its staff and, where relevant, any other expert
participating in the activities in question are duly authorised.
4. The competent authority shall take or initiate any appropriate enforcement measure
necessary to ensure that the service providers to which it issued a certificate or, where
relevant, which made a declaration to it, comply and continue to comply with the
requirements of this Regulation.
Article 5 AMC1 AMC1 Article 5 ‘Powers of the competent authority referred to in Article 4’
ASSESSMENTS AND INVESTIGATIONS
Investigations and assessments should include tests and exercises as determined by the competent
authority.
Article 6 Article 6 Service providers
Service providers shall be granted a certificate and be entitled to exercise the privileges granted
within the scope of that certificate, where, in addition to the requirements referred to in Article 8b(1) of
Regulation (EC) No 216/2008, they comply and continue to comply with the following requirements:
(a) for all service providers, the requirements laid down in Annex III (Part-ATM/ANS.OR),
Subparts A and B, and in Annex XIII (Part-PERS);
(b) for service providers other than providers of air traffic services, in addition to the
requirements of point (a), the requirements laid down in Annex III (Part-ATM/ANS.OR),
Subpart C;
(c) for providers of air navigation services in addition to the requirements of point (a), the
requirements laid down in Annex III (Part-ATM/ANS.OR), Subpart D;
(d) for providers of air traffic services, in addition to the requirements of points (a) and (c), the
requirements laid down in Annex IV (Part-ATS);
(e) for providers of meteorological services, in addition to the requirements of points (a), (b)
and (c), the requirements laid down in Annex V (Part-MET);
(f) for providers of aeronautical information services, in addition to the requirements of points
(a), (b) and (c), the requirements laid down in Annex VI (Part-AIS);
(g) for data services providers, in addition to the requirements of points (a) and (b), the
requirements laid down in Annex VII (Part-DAT);
(h) for providers of communication, navigation or surveillance services, in addition to the
requirements of points (a), (b) and (c), the requirements laid down in Annex VIII (Part-
CNS);
(i) for providers of air traffic flow management, in addition to the requirements of points (a),
(b) and (c), the requirements laid down in Annex IX (Part-ATFM);
(j) for providers of airspace management, in addition to the requirements of points (a) and
(b), the requirements laid down in Annex X (Part-ASM);
(k) for providers of procedure design, in addition to the requirements of points (a) and (b), the
requirements laid down in Annex XI (Part-ASD),
Article 6 GM1 GM1 Article 6 ‘Service providers’
PROVISION OF ATFM AND/OR ASM
(a) In most cases, the provision of ATFM and/or ASM takes place in a bundled service
performed by the ATS providers. However, the provision of ATFM and/or ASM as a
bundled service is not a legal requirement.
(b) Initially under the single European sky (SES) I initiative in 2004 with the adoption of
Regulation (EC) No 549/2004, functions were not subject to certification; they were only
subject to continuous oversight. This difference between functions and services was
removed in the 2009 with the SESII initiative and the amendments to Regulation (EC) No
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