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    Uniform Conditions for Services Providers

15. 4. 2005

One of the main principles of the process of integration of the European ATM system is the removal of its legal and institutional barriers, which are the results of „national“ approach of state authorities in this particular area.

Therefore, the harmonisation and standardisation of rights and obligations of providers of air navigation services in Europe is one of the key tasks of the European Commission upon the realisation of the SES project. This is also supported by the fact that EUROCONTROL has been authorised to prepare regulations in technical and system areas, while the issue of licensing companies, which provide air navigation services, as well as air traffic controllers remains exclusively within the guaranty of the European Commission.

 

Legal Regulations

The draft regulation of the European Commission on uniform requirements in respect of providers of air navigation services in Europe originated as a result of the requirement specified in article 6 of regulation EC/550/2004, which together with other three regulations constitute the basic legal framework of the SES project. The series of formal and informal consultations had started in July 2004 and was completed on 10 February 2005, when following many changes and amendments the draft regulation was approved by the Committee on Transport and Tourism of the European Parliament.

General provisions of the draft regulation (currently designated DG/TREN/F2) specify particularly the authority and procedure of bodies of state administration (the so called National Supervisory Authority – in the event of the Czech Republic it is the Civil Aviation Authority) upon certification and subsequent control of air navigation services provider. If the services provider complies with all conditions as specified in Annexes I – V of the draft regulation and provides the certifying body with necessary cooperation and information it is authorised to obtain such certificate. This certificate shall be mutually acknowledged in all EU member states and shall enable air navigation services provider to offer its services also outside its own airspace (the so called provider’s appointment principle) if e.g. the provider in a neighbouring country does not obtain the necessary certificate. Nevertheless NSA shall be also controlled by the European Commission and shall be obligated to document its activities to the Commission annually in its evaluation report. The services provider shall maintain the possibility to appeal against the decision, procedure and course of the NSA’s control activities to the highest body of state administration – the Ministry of Transport.

 

Requirements Regarding the Certificate Obtaining

Individual annexes to the draft regulation include requirements, the fulfilment of which is the precondition for the certificate obtaining. The theme is rather extensive and complicated, nevertheless the requirements specified in Annexes I-II can be to a certain extent simplified and divided to the following areas:

Safety/security

Capacity, ATM procedures and systems

Human resources

Owner’s structure, management and investments

Annex III includes requirements for meteo services providers, Annex IV deals with air information services, and Annex V defines requirements in the areas of COM, NAV a SUR.

In mid-March the draft was approved for negotiations of the SES committee, its approval by the European Parliament and subsequent publishing in the EU Official Bulletin is anticipated in June. In accordance with the deadlines of the European law all providers of air navigation services in EU member countries should obtain a valid certificate for air traffic services providing by the end of 2006, unless they ask for a six-month extension of such period. For more information and complete wording of legal regulations see intranet KŘ/OVVMK.

Richard Klíma, VOVVMK

 

 

 

 

 

 


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