Information day on EUROCONTROL Guidance Material on the application of Common Requirements for Servi

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Information day on EUROCONTROL Guidance Material
on the application of Common Requirements for
Service Provision

• OVERVIEW OF THE SINGLE EUROPEAN SKY
• Roderick van Dam, Head of EUROCONTROL Legal
  Service
• Brussels, 21 February 2006

European Organisation for the Safety of Air
Navigation
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1. Overview of legal and institutional context
International context applicable norms for ANS
ICAO (Art 28 Annexes)
EUROPEAN COMMUNITY (SES Regulations)
JAA- EASA
EUROCONTROL (ESARRs)
ECAC
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2. SES legal framework

• 2.1 General principles of the SES
• Overall objective to guarantee safety of air
  navigation
• Separation of service provision, regulation and
  supervision functions
• Creation of distinct entities responsible for
  each function
• Compliance with European common criteria and
  requirements
• Mutual recognition of certificates and licences

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2. SES legal framework

• 2.2 Four Regulations of the European Parliament
  and the Council of 10 March 2004
• Regulation n 549/2004 Framework for the creation
  of the single European sky
• Regulation n 550/2004 Provision of air
  navigation services
• Regulation n 551/2004 Organisation and use of
  the airspace
• Regulation n 552/2004 Interoperability of the
  European air traffic management network
• ? Four regulations directly applicable in EU
  Member States

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2. SES legal framework

• Regulation n 550/2004 Provision of air
  navigation services

Certification (art. 7)
Designation (art.8)

•  The provision of all air navigation
• Services within the Community shall
• be subject to certification by
• Member States 
• Certification subject to compliance
• with common requirements
• (art.6 SPR) conditions of
• Annex II SPR

 Member States shall designate an air traffic
service provider holding a valid certificate in
the Community  Member States may designate
a MET provider (art. 9 SPR) Designation
subject to rights and obligations defined by
the Member States
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2. SES legal framework

• 2.3 Three Directives of the European Parliament
  and the Council
• Directive N 94/56/EC of 21.11.1994 on accident
  and incident investigation
• Directive N 2003/42/EC of 13.06.2003 on
  occurrence reporting
• (Future) Directive on a Community Air Traffic
  Controller Licence
• ? Directives require transposition into national
  law of EU Member States

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2. SES legal framework

• 2.4 SES Implementing rules developed by the
  Commission of the EC

• Mandates to EUROCONTROL
• Flexible use of airspace
• ? Regulation N2150/2005 of 23.12.2005 (civil
  and military)
• Charging scheme for air navigation services
• Airspace design
• Interoperability
• European Upper Information Region, European AIP,
  ATFM, etc..

• Commission (itself)
• Common requirements for the provision of air
  navigation services
• ? Regulation N 2096/2005 of 20.12.2005

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2. SES legal framework

• Regulation 2096/2005
  on common requirements for the provision of air
  navigation services

Generic provisions Granting of certificates,
Derogations, Demonstration of compliance Ongoing
compliance, Peer review

• Annex I - General requirements for the provision
  of ANS
• Organisational structure and management, Safety
  and quality management
• Security, Human resources, Financial strength,
  Liability and insurance,
• Quality of services, Reporting

Annex II Specific requirements for the
provision of ATS
Annex III Specific requirements for the
provision of MET
Annex IV Specific requirements for the
provision of AIS
Annex V Specific requirements for the
provision of CNS
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3 . Impact of SES on organisations and functions
3.1 Member State (government) regulatory
functions

• Provides national laws and regulations
• Nominates a National Supervisory Authority (art.4
  FR) and notifies it to the Commission
• Define rights and obligations attached to
  designation of ATS (and possibly MET providers)
• Designates certified air traffic services
  provider(s) for its airspace
• Recognises certificates issued in other EU States
• Concludes agreements for cross-border provision
  of ATS (FABs)
• Reports and informs the Commission

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3 . Impact on organisations and functions
3.2 National supervisory authority

• Issues certificates to air navigation service
  providers having their principal place of
  operation in the State and complying with
  Regulation on common requirements (art 7.3 SPR)
  May revoke certificates if requirements no
  longer satisfied
• Monitors continued compliance with Regulation on
  common requirements and with conditions attached
  to certificates, by supervision and inspections
• Grants recognition to Recognised organisations,
  where applicable
• May delegate inspections and surveys to
  Recognised Organisations (art. 3.1SPR)
• Will issue certificates to ATS training providers
• Establishes appropriate arrangements with other
  NSAs for FABs

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3 . Impact on organisations and functions
3.3 Air navigation services providers (ATS, CNS,
MET, AIS)

• By 21 December 2006, no more service provision
  without certification
• Need to comply with requirements of Regulation on
  common requirements
• Need to apply for a certificate from NSA of
  principal place of operation for all ANS services
  separately or as a bundle
• Need to be designated (mandatory for ATS and
  possible for MET)
• Need to comply with rights and obligations
  attached to designation
• NB Military authorities providing services
  primarily to GAT are subject to certification

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3 . Impact on ATM organisation and functions
Laws and regulations
Member State (Government)
Foreign certificates
FABs Agreements
Nominates
National supervisory Authority
Designates
Recognises and delegates
Certifies and supervises
Air Navigation Service provider (e.g. ATS)
Recognised Organisation
Air Navigation Service provider 2 (e.g. MET)
Performs surveys and inspections
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3 . Conclusion

• Issues and Challenges
• Define and put in place adequate methodology,
  processes and cycles for certification
• Verification of compliance with Common
  Requirements (before December 2006)
• Resources, financing, legal status of ANSPs and
  NSAs
• Organise cooperation (between States, between
  NSAs, with Recognised organisations, etc.)
• Liabilities
• Maintaining compliance with obligations of
  Chicago Convention