1.

‘Acceptable Means of Compliance (AMC)’ means non-binding standards adopted by the Agency to illustrate means to establish compliance with Regulation (EC) No 216/2008 and its Implementing Rules;

2.

‘Aerial work’ means an aircraft operation in which an aircraft is used for specialised services such as agriculture, construction, photography, surveying, observation and patrol, search and rescue or aerial advertisement, etc.;

3.

‘Aerodrome climatological summary’ means a concise summary of specified meteorological elements at an aerodrome, based on statistical data;

4.

‘Aerodrome climatological table’ means a table providing statistical data on the observed occurrence of one or more meteorological elements at an aerodrome;

5.

‘Aerodrome elevation’ means the elevation of the highest point of the landing area;

6.

‘Aerodrome flight information service (AFIS)’ means flight information service and alerting service for aerodrome traffic at an aerodrome;

7.

‘Aerodrome meteorological office’ means an office responsible for providing meteorological service for aerodrome;

8.

‘Aerodrome warning’ means information issued by an aerodrome meteorological office concerning the occurrence or expected occurrence of meteorological conditions which could adversely affect aircraft on the ground, including parked aircraft and the aerodrome facilities and services;

9.

‘Aeronautical data’ means a representation of aeronautical facts, concepts or instructions in a formalised manner suitable for communication, interpretation or processing.

10.

‘Aeronautical database’ means a collection of aeronautical data organised and arranged as a structured data set, stored electronically on systems, which is valid for a dedicated period and may be updated.

11.

‘Aeronautical fixed service (AFS)’ means a telecommunication service between specified fixed points provided primarily for the safety of air navigation and for the regular, efficient and economical operation of air services;

12.

‘Aeronautical fixed telecommunication network (AFTN)’ means a worldwide system of aeronautical fixed circuits provided, as part of the AFS, for the exchange of messages and/or digital data between aeronautical fixed stations having the same or compatible communications characteristics;

13.

‘Aeronautical information’ means information resulting from the assembly, analysis and formatting of aeronautical data.

14.

‘Aerodrome mapping data’ means data collected for the purpose of compiling aerodrome mapping information.

15.

‘Aerodrome Mapping Database (AMDB)’ means a collection of aerodrome mapping data organised and arranged as a structured data set.

16.

‘Aeronautical meteorological station’ means a station making observations and meteorological reports for use in air navigation;

17.

‘Air-report’ means a report from an aircraft in flight prepared in conformity with the requirements for position and operational and/or meteorological reporting;

18.

‘Aircraft’ means any machine that can derive support in the atmosphere from the reactions of the air other than the reactions of the air against the earth’s surface;

19.

‘AIRMET message’ means information issued by a meteorological watch office concerning the occurrence or expected occurrence of specified en-route weather phenomena which may affect the safety of low-level aircraft operations and of the development of those phenomena in time and space, and which was not already included in the forecast issued for low-level flights in the flight information region concerned or sub-area thereof;

20.

‘Air traffic safety electronics personnel (ATSEP)’ means any authorised personnel who are competent to operate, maintain, release from, and return into operations equipment of the functional system;

21.

‘Air traffic services unit’ is a generic term meaning variously ‘air traffic control unit’, ‘flight information centre’, ‘aerodrome flight information service unit’ or ‘air traffic services reporting office’;

22.

‘Alternate aerodrome’ means an aerodrome to which an aircraft may proceed when it becomes either impossible or inadvisable to proceed to or to land at the aerodrome of intended landing where the necessary services and facilities are available, where aircraft performance requirements can be met and which is operational at the expected time of use;

23.

‘Alternative means of compliance (AltMOC)’ are those that propose an alternative to an existing AMC or those that propose new means to establish compliance with Regulation (EC) No 216/2008 and its Implementing Rules for which no associated AMC have been adopted by the Agency;

24.

‘Altitude’ means the vertical distance of a level, a point, or an object considered as a point, measured from mean sea level (MSL);

25.

‘Area control centre (ACC)’ means a unit established to provide air traffic control service to controlled flights in control areas under its jurisdiction;

26.

‘Area forecast for low-level flights’ means a forecast of weather phenomena for a flight information region or sub-area thereof, issued to cover the layer below flight level 100 (or below flight level 150 in mountainous areas, or higher, where necessary);

27.

‘Area navigation (RNAV)’ means a method of navigation which permits aircraft operation on any desired flight path within the coverage of ground- or space-based navigation aids or within the limits of the capability of self-contained aids, or a combination of them;

28.

‘Argument’ means a claim that is supported via inferences by a body of evidence.

29.

‘ASHTAM’ means a special series of NOTAM notifying by means of a specific format of a change in the activity of a volcano, a volcanic eruption and/or volcanic ash cloud that is of significance to aircraft operations;

30.

‘ATM network functions’ means the functions performed by the Network Manager in accordance with Regulation (EU) No 677/2011;

31.

‘Audit’ means a systematic, independent and documented process for obtaining evidence and evaluating it objectively to determine the extent to which requirements are complied with;

32.

‘Authoritative source’ means:

33.

‘Automatic observing system’ means an observing system that measures, derives and reports all required elements without human interaction;

34.

‘Aviation undertaking’ means an entity, person or organisation, other than the service providers regulated by this Regulation that is affected by or affects a service delivered by a service provider;

35.

‘Break’ means a period of time within the duty period when an air traffic controller is not required to perform duties, for recuperation purposes;

36.

‘Certified aircraft application’ means an software application approved by the Agency as part of aircraft subject to Article 4 of Regulation (EC) No 216/2008;

37.

‘Cloud of operational significance’ means a cloud with the height of cloud base below 1 500 m (5 000 ft) or below the highest minimum sector altitude, whichever is greater, or a cumulonimbus cloud or a towering cumulus cloud at any height;

38.

‘Commercial air transport’ means any aircraft operation involving the transport of passengers, cargo or mail for remuneration or other valuable consideration;

39.

‘Control area’ means a controlled airspace extending upwards from a specified limit above the earth;

40.

‘Critical incident stress’ means the manifestation of unusual and/or extreme emotional, physical and/or behavioural reactions of an individual following an event or incident;

41.

‘Data quality’ means a degree or level of confidence that the provided data meets the user’s data requirements in terms of accuracy, resolution, integrity (or equivalent assurance level), traceability, timeliness, completeness, and format;

42.

‘Data Quality Requirements (DQRs)’ means a specification of the characteristics of data (i.e. accuracy, resolution, integrity (or equivalent assurance level), traceability, timeliness, completeness, and format) to ensure that the data is compatible with its intended use;

43.

‘Data services (DAT) provider’ means an organisation, which is:

44.

‘Destination alternate’ means an alternate aerodrome at which an aircraft would be able to land should it become either impossible or inadvisable to land at the aerodrome of intended landing;

45.

‘Duty’ means any task that an air traffic controller is required to perform by the air traffic control service provider;

46.

‘Duty period’ means a period which starts when an air traffic controller is required by the air traffic control service provider to report for or be available for or to commence duty and ends when the air traffic controller is free from duty;

47.

‘Elevation’ means the vertical distance of a point or a level, on or affixed to the surface of the earth, measured from mean sea level;

48.

‘En-route alternate’ means an alternate aerodrome at which an aircraft would be able to land in the event that a diversion becomes necessary while en-route;

49.

‘Fatigue’ means a physiological state of reduced mental or physical performance capability resulting from sleep loss or extended wakefulness, circadian phase or workload (mental and/or physical activity) that can impair an individual’s alertness and ability to safely perform his/her tasks;

50.

‘Flight documentation’ means documents, including charts or forms, containing meteorological information for a flight;

51.

‘Flight information centre (FIC)’ means a unit established to provide flight information service and alerting service;

52.

‘Flight information region (FIR)’ means an airspace of defined dimensions within which flight information service and alerting service are provided;

53.

‘Flight level (FL)’ means a surface of constant atmospheric pressure which is related to a specific pressure datum, 1 013,2 hectopascals (hPa), and is separated from other such surfaces by specific pressure intervals;

54.

‘Flight test’ is a generic term meaning variously or comprehensively ‘flights for the development phase of a new design (aircraft, propulsion systems, parts and appliances)’, ‘flights to demonstrate compliance to certification basis or to type design for aircraft coming from the production line’, ‘flights intended to experiment new design concepts, requiring unconventional manoeuvres or profiles for which it could be possible to exit the already approved envelope of the aircraft’, ‘or flight test training flights’;

55.

‘Forecast’ means a statement of expected meteorological conditions for a specified time or period, and for a specified area or portion of airspace;

56.

‘Forecast for take-off’ means a forecast for a specified period of time, prepared by an aerodrome meteorological office, which contains information on expected conditions over the runways complex in regard to surface wind direction and speed and any variations thereof, temperature, pressure (QNH) and any other element as agreed locally;

57.

‘Functional system’ means a combination of procedures, human resources and equipment, including hardware and software, organised to perform a function within the context of ATM/ANS and other ATM network functions;

58.

‘General aviation’ means any civil aircraft operation other than aerial work or commercial air transport;

59.

‘Grid point data in digital form’ means computer-processed meteorological data for a set of regularly spaced points on a chart, for transmission from a meteorological computer to another computer in a code form suitable for automated use;

60.

‘Guidance material (GM)’ means non-binding material developed by the Agency that helps to illustrate the meaning of a requirement or specification and is used to support the interpretation of Regulation (EC) No 216/2008, its Implementing Rules and AMC;

61.

‘Gridded global forecasts’ means forecasts of expected values of meteorological elements on a global grid with a defined vertical and horizontal resolution;

62.

‘Hazard’ means any condition, event, or circumstance which could induce a harmful effect;

63.

‘Height’ means the vertical distance of a level, a point or an object considered as a point, measured from a specified datum;

64.

‘Level’ is a generic term relating to the vertical position of an aircraft in flight and meaning variously height, altitude or flight level;

65.

‘Local routine report’ means a meteorological report issued at fixed time intervals, intended only for dissemination at the aerodrome of origin where the observations were made;

66.

‘Local special report’ means a meteorological report issued in accordance with the criteria established for special observations, intended only for dissemination at the aerodrome of origin where the observations were made;

67.

‘Meteorological bulletin’ means a text comprising meteorological information preceded by an appropriate heading;

68.

‘Meteorological information’ means meteorological report, analysis, forecast, and any other statement relating to existing or expected meteorological conditions;

69.

‘Meteorological observation’ means the measurement and/or evaluation of one or more meteorological elements;

70.

‘Meteorological report’ means a statement of observed meteorological conditions related to a specified time and location;

71.

‘Meteorological satellite’ means an artificial Earth satellite making meteorological observations and transmitting these observations to Earth;

72.

‘Meteorological watch office’ means an office monitoring meteorological conditions affecting flight operations and providing information concerning the occurrence or expected occurrence of specified en-route weather phenomena, natural and other hazards which may affect the safety of aircraft operations within a specified area of responsibility;

73.

‘Minimum sector altitude (MSA)’ means the lowest altitude which may be used which will provide a minimum clearance of 300 m (1 000 ft) above all objects located in an area contained within a sector of a circle of 46 km (25 NM) radius centred on a significant point, the aerodrome reference point (ARP) or the heliport reference point (HRP);

74.

‘NOTAM’ means a notice distributed by means of telecommunication containing information concerning the establishment, condition, or change in any aeronautical facility, service, procedure, or hazard, the timely knowledge of which is essential to personnel concerned with flight operations;

75.

‘Obstacle’ means all fixed (whether temporary or permanent) and mobile objects, or parts thereof, that:

76.

‘OPMET’ means operational meteorological information for use in preparatory or in-flight planning of flight operations;

77.

‘OPMET databank’ means a databank established to store and make available internationally operational meteorological information for aeronautical use;

78.

‘Pan-European services’ means an activity which is designed and established for users within most or all Member States and which may also extend beyond the airspace of the territory to which the Treaty applies;

79.

‘Pre-eruption volcanic activity’ means an unusual and/or increasing volcanic activity which could presage a volcanic eruption;

80.

‘Prevailing visibility’ means the greatest visibility value, observed in accordance with the definition of ‘visibility’, which is reached within at least half the horizon circle or within at least half of the surface of the aerodrome. These areas could comprise contiguous or non-contiguous sectors;

81.

‘Problematic use of psychoactive substances’ means the use of one or more psychoactive substances by an individual, in a way that:

82.

‘Prognostic chart’ means a forecast of (a) specified meteorological element(s) for a specified time or period and a specified surface or portion of airspace, depicted graphically on a chart;

83.

‘Psychoactive substances’ means alcohol, opioids, cannabinoids, sedatives and hypnotics, cocaine, other psychostimulants, hallucinogens, and volatile solvents, whereas caffeine and tobacco are excluded;

84.

‘Rescue coordination centre (RCC)’ means a unit responsible for promoting efficient organisation of search and rescue services, and for coordinating the conduct of search and rescue operations within a search and rescue region;

85.

‘Rest period’ means a continuous and defined period of time, subsequent to and/or prior to duty, during which an air traffic controller is free of all duties;

86.

‘Rostering system’ means the structure of duty and rest periods of air traffic controllers in accordance with legal and operational requirements;

87.

‘Risk’ means the combination of the overall probability or frequency of occurrence of a harmful effect induced by a hazard and the severity of that effect;

88.

‘Runway’ means a defined rectangular area on a land aerodrome prepared for the landing and take-off of aircraft;

89.

‘Runway Visual Range (RVR)’ means the range over which the pilot of an aircraft on the centre line of a runway can see the runway surface markings or the lights delineating the runway or identifying its centre line;

90.

‘Safety directive’ means a document issued or adopted by a competent authority which mandates actions to be performed on a functional system or sets restrictions to its operational use to restore safety when evidence shows that aviation safety may otherwise be compromised;

91.

‘Safety Management System (SMS)’ means a systematic approach to managing safety, including the necessary organisational structures, accountabilities, policies, and procedures;

92.

‘Search and rescue services unit’ is a generic term covering, as the case may be, rescue coordination centre, rescue sub-centre or alerting post;

93.

‘Selected volcano observatory’ means a provider, selected by the competent authority, that observes the activity of a volcano or a group of volcanoes and makes these observations available to an agreed list of aviation recipients;

94.

‘Semi-automatic observing system’ means an observing system that allows the augmentation of measured elements and requires a human in the loop for issuing the appropriate reports;

95.

‘SIGMET message’ means information issued by a meteorological watch office concerning the occurrence or expected occurrence of specified en-route weather phenomena which may affect the safety of aircraft operations and of the development of those phenomena in time and space;

96.

‘Special air-report’ means a meteorological report by an aircraft issued in accordance with the criteria based on observations made during the flight;

97.

‘Stress’ means the outcomes experienced by an individual when faced with a potential cause (‘stressor’) of human performance modification. The experience of the stressor may impact the individual’s performance negatively (distress), neutrally or positively (eustress), based on the individual’s perception of his/her ability to manage the stressor;

98.

‘System and equipment rating training’ means training designed to impart specific system/equipment knowledge and skills leading towards operational competence;

99.

‘Tailored data’ means aeronautical data which is provided by the aircraft operator or DAT provider on the aircraft operator’s behalf and produced for this aircraft operator for its intended operational use;

100.

‘Take-off alternate aerodrome’ means an alternate aerodrome at which an aircraft can land should this become necessary shortly after take-off and if it be not possible to use the aerodrome of departure;

101.

‘Terminal Aerodrome Forecast (TAF)’ means a concise statement of the expected meteorological conditions at an aerodrome for a specified period;

102.

‘Terrain’ means the surface of the Earth containing naturally occurring features such as mountains, hills, ridges, valleys, bodies of water, permanent ice and snow, and excluding obstacles.

103.

‘Threshold’ means the beginning of that portion of the runway usable for landing;

104.

‘Touchdown zone’ means the portion of a runway, beyond the threshold, where, it is intended that landing aeroplanes first contact the runway;

105.

‘Tropical cyclone’ is a generic term for a non-frontal synoptic-scale cyclone originating over tropical or subtropical waters with organised convection and definite cyclonic surface wind circulation;

106.

‘Tropical cyclone advisory centre (TCAC)’ means a meteorological centre providing advisory information to meteorological watch offices, world area forecast centres and international OPMET databanks regarding the position, forecast direction and speed of movement, central pressure and maximum surface wind of tropical cyclones;

107.

‘Visibility’ means visibility for aeronautical purposes, which is the greater of:

108.

‘Volcanic Ash Advisory Centre (VAAC)’ means a meteorological centre providing advisory information to meteorological watch offices, area control centres, flight information centres, world area forecast centres and international OPMET databanks regarding the lateral and vertical extent and forecast movement of volcanic ash in the atmosphere following volcanic eruptions;

109.

‘World Area Forecast Centre (WAFC)’ means a meteorological centre preparing and issuing significant weather forecasts and upper-air forecasts in digital form on a global basis direct to the Member States by appropriate means as part of the aeronautical fixed service; and

110.

‘World area forecast system (WAFS)’ means a worldwide system by which world area forecast centres provide aeronautical meteorological en-route forecasts in uniform standardised formats.

(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 authorities shall identify and exercise the responsibilities for safety certification, oversight and enforcement in a manner which ensures that:

The competent authorities concerned shall regularly review the agreement on the supervision of the service providers providing air navigation services in functional airspace blocks (FABs) that extend across the airspace falling under the responsibility of more than one Member States referred to in in Article 2(3) of Regulation (EC) No 550/2004 and, in the case of cross-border provision of air navigation services, the agreement on the mutual recognition of supervisory tasks referred to in Article 2(5) of Regulation (EC) No 550/2004, as well as the practical implementation of those agreements, in particular in the light of achieved safety performance of the service providers under their supervision.

(c)

The competent authority shall establish coordination arrangements with other competent authorities for notified changes to functional systems involving service providers under the oversight of the other competent authorities. Those coordination arrangements shall ensure the effective selection and review of those notified changes, in accordance with ATM/ANS.AR.C.025.

(a)

The Agency shall develop Acceptable Means of Compliance (AMC) that may be used to establish compliance with the requirements of this Regulation. When AMC are complied with, the applicable requirements of this Regulation shall be deemed to have been met.

(b)

Alternative means of compliance (AltMOC) may be used to establish compliance with the requirements of this Regulation.

(c)

The competent authority shall establish a system to consistently evaluate that all AltMOC used by itself or by the service providers under its oversight to it allow the establishment of compliance with the requirements of this Regulation.

(d)

The competent authority shall evaluate all AltMOC proposed by a service provider in accordance with ATM/ANS.OR.A.020 by analysing the documentation provided and, if considered necessary, conducting an inspection of the service provider.

When the competent authority finds that the AltMOC are sufficient to ensure compliance with the applicable requirements of this Regulation it shall without undue delay:

(e)

When the competent authority itself uses AltMOC to achieve compliance with the applicable requirements of this Regulation, it shall:

The competent authority shall provide the Agency with a full description of the AltMOC, including any revisions to procedures that may be relevant, as well as an assessment demonstrating that the applicable requirements of this Regulation are met.

(a)

The competent authority shall without undue delay notify the Agency in case of any significant problems with the implementation of the relevant provisions of Regulation (EC) No 216/2008 and its implementing rules or of Regulations (EC) No 549/2004, (EC) No 550/2004, (EC) No 551/2004 and (EC) No 552/2004 (the Single European Sky legislation) applicable to service providers.

(b)

Without prejudice to Regulation (EU) No 376/2014 of the European Parliament and of the Council (1), the competent authority shall provide the Agency with safety-significant information stemming from the occurrence reports it has received.

(a)

Without prejudice to Regulation (EU) No 376/2014, the competent authority shall implement a system to appropriately collect, analyse, and disseminate safety information.

(b)

The Agency shall implement a system to appropriately analyse any relevant safety information received from the competent authorities and without undue delay provide to Member States and the Commission, as appropriate, any information, including recommendations or corrective actions to be taken, necessary for them to react in a timely manner to a safety problem involving the service providers.

(c)

Upon receiving the information referred to in (a) and (b), the competent authority shall take adequate measures to address the safety problem, including the issuing of safety directives in accordance with ATM/ANS.AR.A.030.

(d)

Measures taken under point (c) shall immediately be notified to the service providers concerned to comply with them, in accordance with ATM/ANS.OR.A.060. The competent authority shall also notify those measures to the Agency and, when combined action is required, the other competent authorities concerned.

(a)

The competent authority shall issue a safety directive when it has determined the existence of an unsafe condition in a functional system requiring immediate action.

(b)

The safety directive shall be forwarded to the service providers concerned and contain, as a minimum, the following information:

(c)

The competent authority shall forward a copy of the safety directive to the Agency and any other competent authorities concerned within one month from its issuance.

(d)

The competent authority shall verify the compliance of service providers with the applicable safety directives.

(a)

The competent authority shall establish and maintain a management system, including, as a minimum, the following elements:

(b)

The competent authority shall, for each field of activity included in the management system, appoint one or more persons with the overall responsibility for the management of the relevant task(s).

(c)

The competent authority shall establish procedures for participation in a mutual exchange of all necessary information and assistance with other competent authorities concerned, including exchange of all findings raised and follow-up actions taken as a result of certification and oversight of service providers exercising activities in the territory of a Member State, but certified by the competent authority of another Member State or the Agency.

(d)

A copy of the procedures related to the management system and their amendments shall be made available to the Agency for the purpose of standardisation.

(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:

(b)

The competent authority shall ensure that the internal audit process and the safety risk management process required by ATM/ANS.AR.B.001(a)(4) cover all tasks performed on its behalf by the qualified entity.

(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 Agency of significant changes affecting its capability to perform its tasks and discharge its responsibilities under this Regulation

(a)

The competent authority shall establish a system of record keeping providing for adequate storage, accessibility, and reliable traceability of:

(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.

(a)

The competent authorities shall regularly monitor and assess the safety performance of the service providers under their oversight.

(b)

The competent authorities shall use the results of the monitoring of safety performance in particular within their risk-based oversight.

(a)

Within the framework of ATM/ANS.AR.B.001(a)(1), the competent authority shall establish a process in order to verify:

(b)

The process referred to in paragraph (a) shall:

(a)

The competent authority, or qualified entities acting on its behalf, shall conduct audits, in accordance with Article 4(9).

(b)

The audits referred to in paragraph (a) shall:

(c)

The competent authority shall, on the basis of the evidence at its disposal, monitor the continuous compliance with the applicable requirements of this Regulation of the service providers under its oversight.

(a)

The competent authority shall establish and update annually an oversight programme taking into account the specific nature of the service providers, the complexity of their activities, the results of past certification and/or oversight activities and shall be based on the assessment of associated risks. It shall include audits, which shall:

(b)

The competent authority may decide to modify the objectives and the scope of pre-planned audits, including documentary reviews and additional audits, wherever that need arises.

(c)

The competent authority shall decide which arrangements, elements, services, functions, physical locations, and activities are to be audited within a specified time frame.

(d)

Audit observations and findings issued in accordance with ATM/ANS.AR.C.050 shall be documented. The latter shall be supported by evidence, and identified in terms of the applicable requirements and their implementing arrangements against which the audit has been conducted.

(e)

An audit report, including the details of the findings and observations, shall be drawn up and communicated to the service provider concerned.

(a)

Following the process laid down in ATM/ANS.AR.C.005(a), upon receiving an application for the issuance of a certificate to a service provider, the competent authority shall verify the service provider’s compliance with the applicable requirements of this Regulation.

(b)

The competent authority may require any audits, inspections or assessments it finds necessary before issuing the certificate.

(c)

The certificate shall be issued for an unlimited duration. The privileges of the activities that the service provider is approved to conduct shall be specified in the service provision conditions attached to the certificate.

(d)

The certificate shall not be issued where a level 1 finding remains open. In exceptional circumstances, finding(s), other than level 1, shall be assessed and mitigated as necessary by the service provider and a corrective action plan for closing the finding(s) shall be approved by the competent authority prior to the certificate being issued.

(a)

Upon receiving a notification for a change in accordance with ATM/ANS.OR.A.045, the competent authority shall comply with ATM/ANS.AR.C.030, ATM/ANS.AR.C.035 and ATM/ANS.AR.C.040.

(b)

Upon receiving a notification for a change in accordance with ATM/ANS.OR.A.040(a)(2) that requires prior approval, the competent authority shall:

(c)

To enable a service provider to implement changes to its management system and/or safety management system, as applicable, without prior approval in accordance with ATM/ANS.OR.A.040 (b), the competent authority shall approve a procedure defining the scope of such changes and describing how such changes will be notified and managed. In the continuous oversight process, the competent authority shall assess the information provided in the notification to verify whether the actions taken comply with the approved procedures and applicable requirements. In case of any non-compliance, the competent authority shall:

(a)

The competent authority shall review:

(b)

The competent authority shall approve the procedures, modifications and deviations referred to in point (a) when it has determined that they are necessary and sufficient for the service provider to demonstrate compliance with ATM/ANS.OR.A.045, ATM/ANS.OR.C.005, ATS.OR.205, and ATS.OR.210, as applicable.

(a)

Upon receipt of a notification in accordance with ATM/ANS.OR.A.045(a)(1), or upon receipt of modified information in accordance with ATM/ANS.OR.A.045(b), the competent authority shall make a decision on whether to review the change or not. The competent authority shall request any additional information needed from the service provider to support this decision.

(b)

The competent authority shall determine the need for a review based on specific, valid and documented criteria that, as a minimum, ensure that the notified change is reviewed if the combination of the likelihood of the argument being complex or unfamiliar to the service provider and the severity of the possible consequences of the change is significant.

(c)

When the competent authority decides the need for a review based on other risk based criteria in addition to point (b), these criteria shall be specific, valid and documented.

(d)

The competent authority shall inform the service provider of its decision to review a notified change to a functional system and provide the associated rationale to the service provider upon request.

(a)

When the competent authority reviews the argument for a notified change, it shall:

(b)

The competent authority shall:

(a)

Upon receiving a declaration from a provider of flight information services intending to provide such services, the competent authority shall verify that the declaration contains all the information required by ATM/ANS.OR.A.015 and shall acknowledge receipt of the declaration to that service provider.

(b)

If the declaration does not contain the required information, or contains information that indicates non-compliance with the applicable requirements, the competent authority shall notify the provider of flight information services concerned about the non-compliance and request further information. If necessary, the competent authority shall carry out an audit of the provider of flight information services. If the non-compliance is confirmed, the competent authority shall take action as defined in ATM/ANS.AR.C.050.

(c)

The competent authority shall keep a register of the declarations of providers of flight information services which were made to it in accordance with this Regulation.

(a)

The competent authority shall have a system to analyse findings for their safety significance and decide on enforcement measures on the basis of the safety risk posed by the service provider’s non-compliance.

(b)

In circumstances where no or very low additional safety risk would be present with immediate appropriate mitigation measures, the competent authority may accept the provision of services to ensure continuity of service whilst corrective actions are being taken.

(c)

A level 1 finding shall be issued by the competent authority when any serious non-compliance is detected with the applicable requirements of Regulation (EC) No 216/2008 and its implementing rules as well as Regulations (EC) No 549/2004, (EC) No 550/2004, (EC) No 551/2004, and (EC) No 552/2004 and their implementing rules, with the service provider’s procedures and manuals, with the terms of conditions of certificate or certificate, with the designation act, if applicable, or with the content of a declaration which poses a significant risk to flight safety or otherwise calls into question the service provider’s capability to continue operations.

Level 1 findings shall include but not be limited to:

(d)

A level 2 finding shall be issued by the competent authority when any other non-compliance is detected with the applicable requirements of Regulation (EC) No 216/2008 and its implementing rules as well as Regulations (EC) No 549/2004, (EC) No 550/2004, (EC) No 551/2004, and (EC) No 552/2004 and their implementing rules, with the service provider’s procedures and manuals or with the terms of conditions or certificate, or with the content of a declaration.

(e)

When a finding is detected, during oversight or by any other means, the competent authority shall, without prejudice to any additional action required by Regulation (EC) No 216/2008 and the present Regulation, as well as Regulations (EC) No 549/2004, (EC) No 550/2004, (EC) No 551/2004, and (EC) No 552/2004 and their implementing rules, communicate the finding to the service provider in writing and require corrective action to address the non-compliance(s) identified.

(f)

For those cases not requiring level 1 and 2 findings, the competent authority may issue observations.