| 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.
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.
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.
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
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:
ATM procedures and systems
structure, management and investments
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.
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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