Proposal for a Regulation of the European Parliament and of the Council on the provision of air navigation services in the Single European Sky
Date: 2002-04-30
Institutions: European Commission
Subjects: European standard, air space, air traffic, air transport, organisation of transport, trans-European network

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Official Journal of the European Communities

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Proposal for a Regulation of the European Parliament and of the Council on the provision of air
navigation services in the Single European Sky

(2002/C 103 E/06)

(Text with EEA relevance)

COM(2001) 564 final/2 — 2001/0235(COD)

(Submitted by the Commission on 11 December 2001)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
EUROPEAN UNION,

Having regard to the Treaty establishing the European
Community, and in particular Article 80(2) thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the Economic and Social
Committee,

Having regard to the opinion of the Committee of the Regions,

Acting in accordance with the procedure laid down in Article
251 of the Treaty,

Whereas:

(1) Member States have restructured, to varying degrees, their
national air navigation service providers by increasing
autonomy and freedom to provide
their
increasingly necessary to ensure that
services.
minimum public
satisfied
requirements
under this new environment.

level of
is
It

interest

are

(2) The report of

the High Level Group on the Single
European Sky has confirmed the need for
rules at
Community level to distinguish between regulation and
service provision and to introduce a system of author-
isation and a charging mechanism to stimulate cost-effec-
tiveness.

(3) Regulation (EC) No . . . of the European Parliament and of
the Council lays down the framework for the creation of
the Single European Sky.

(4) In order to create the Single European Sky, measures
should be adopted to ensure the safe and efficient
provision of air navigation services consistent with the
organisation and use of airspace as provided for in Regu-
lation (EC) No . . . of the European Parliament and of the
Council of . . . 2001 [on the organisation and use of the
airspace in the Single European Sky]. The establishment of
the provision of such
a harmonised organisation of
to respond adequately to the
services
demand of airspace users and to operate air
traffic
safely and efficiently.

important

is

It means that

States.
the authorities performing such
verifications should be sufficiently independent of air
navigation service providers.

(6) Member States

should be permitted to entrust

to
recognised organisations the verification and certification
of compliance of air navigation service providers and
other relevant operators with Community requirements.

(7) Smooth operation of the air transport system also requires
uniform, high safety standards of air navigation service
providers.

(8) Arrangements should be proposed to overcome the lack
of
the
procedures for training and licensing, and through the
harmonisation of such procedures at Community level.

improvement

controllers,

through

the

of

(9) Whilst guaranteeing the continuity of service provision, a
common system should be established for authorising air
navigation services which constitutes a means for defining
the rights and obligations of air navigation service
providers.

(10) The authorisation system should provide for the means to
control access to the activity. It should take into account
the need to facilitate the introduction of new services as
well as new rules for service provision. Accordingly, auth-
orisations should provide for the most adequate control
compatible with the fulfilment of applicable requirements.
It
to define non-discriminatory
requirements in relation to the location and surveillance
of a service provider, in particular of air traffic services,
applying for authorisation.

also important

is

(11) Conditions attached to authorisations are necessary in
order to attain public interest objectives for the benefit
of airspace users and the air transport passengers. They
should be objectively justified and should be non-discrimi-
natory, proportionate and transparent.

(12) The harmonisation of conditions attached to authoris-
ations and of the procedures for the granting of author-
isations should significantly facilitate the provision of air
navigation services in the Community.

(5) The verification of compliance by air navigation service
providers and other relevant operators with Community
requirements is predominantly a task for the Member

(13) Existing air navigation service providers should be allowed
a reasonable period of time within which to adjust to the
requirements of the new system of authorisation,

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(14) The authorisations should be mutually recognised by all
Member States in order to allow air navigation service
providers to provide services in a Member State other
than where they obtained their authorisations, within
the limits of the requirements of safety.

(15) In the interest of facilitating the safe handling of air traffic
across the boundaries of the Member States for the benefit
of the airspace users and their passengers, the system of
authorisation should provide for a framework to enable
Member
for
providing air traffic services, regardless of where they
have been authorised.

service providers

to designate

States

(16) The provision of ancillary services, meteorological services
and aeronautical information services should be organised
under market conditions whilst taking into account the
special features of such services.

(17) Cooperation between service providers, airspace users and
other operators should be enhanced on a contractual
basis.

(18) Air navigation service providers should establish and
cooperation with military authorities
traffic,
that may affect air

maintain close
responsible for activities
through appropriate arrangements.

(19) The accounts of all air navigation service providers should
the
should be separated for each service and

provide for maximum transparency:
accounts
control centre.

to this end,

airspace users should pay for the costs they impose at, or
as close as possible to, the point of use.

(25) It is important to ensure the transparency of the costs to
which such services or facilities give rise. Accordingly, any
changes made to the system or level of charges should be
explained to airspace users; such changes or investment
proposed by air navigation service providers should be
explained as part of
information
between their management bodies and airspace users.

an exchange of

(26) There should be scope for modulating charges

that
contribute to maximising system-wide capacity. Financial
incentives are a useful way of accelerating the intro-
duction of ground-based or airborne equipment
that
increases capacity, of rewarding high performance or of
offsetting the inconvenience of choosing less desirable
routings.

(27) The Commission should examine the feasibility of orga-
nising a temporary financial aid for measures to increase
the capacity of Europe's air traffic control system as a
whole.

(28) The establishment and imposition of charges on airspace
users should be constantly reviewed by the Commission,
in collaboration with the European Organisation for the
Safety of Air Navigation (‘Eurocontrol’), and in coop-
eration with
and
airspace users.

supervisory

authorities

national

(20) The introduction of harmonised principles and conditions
for access
the
provision of air navigation services and the operations
of airspace users and airports under a new environment.

to operational data should facilitate

(21) Charging conditions applying to airspace users should be

fair and transparent.

(29) The performance of the air navigation services system as a
whole at European level needs to be constantly examined
to check the effectiveness of the measures adopted and to
propose further measures.

(22) User

charges

should provide

remuneration for

the
facilities and services provided by air navigation service
providers. Such services and facilities can, by their nature,
only be provided by air navigation service providers
themselves; in view of this monopoly situation, the level
of user charges should be proportionate to the costs
incurred in the provision of such facilities and services,
taking into consideration the objective of economic effi-
ciency.

(23) There should be no discrimination between airspace users
for the provision of equivalent air navigation services.

(24) Air navigation service providers offer a certain number of
facilities and services directly related to the operation of
aircraft, the costs of which they should be able to recover
according to the ‘user pays’ principle, which is to say that

(30) Owing to the particular

sensitivity of

information
concerning service providers, national supervisory auth-
orities should not disclose information covered by the
obligation of professional secrecy, without prejudice to
the organisation of
system for monitoring and
a
publishing the performance of service providers,

(31) Since the objectives of the proposed action, namely to
promote the safe and efficient provision of air navigation
services, cannot be sufficiently achieved by the Member
States, by reason of the transnational scale of this action,
and can therefore be better achieved at Community level,
whilst ensuring that the implementing procedures take
account of the specific local conditions, the Community
may adopt measures in accordance with the principle of
subsidiarity as set out
In
accordance with the principle of proportionality, as set
out in that Article, this Regulation does not go beyond
what is necessary in order to achieve those objectives.

in Article 5 of

the Treaty.

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(32) Since most of the measures necessary for the implemen-
tation of this Regulation are measures of general scope
within the meaning of Article 2 of Council Decision
1999/468/EC of 28 June 1999 laying down the
implementing powers
procedures
conferred on the Commission (1),
should be
adopted by use of the regulatory procedure provided for
in Article 5 of that Decision. However, in accordance with
Article 2(c) of that Decision, some measures should be
adopted by use of the advisory procedure provided for
in Article 3 of that Decision,

the exercise of

they

for

HAVE ADOPTED THIS REGULATION:

CHAPTER I

GENERAL

Article 1

Scope

services,

This Regulation shall apply to the provision of air navigation
services for civil aviation, including air traffic services, meteoro-
logical
search and rescue services and ancillary
services providing communication, navigation and surveillance
infrastructure and aeronautical information services as specified
in Annex I, in accordance with and within the scope of Regu-
lation (EC) No . . . [laying down the framework for the creation
of the Single European Sky].

Article 2

Definitions

For the purposes of this Regulation the definitions set out in
Article 2 of Regulation (EC) No . . .
[laying down the
framework for the creation of the Single European Sky] shall
apply.

The following definitions shall also apply:

(a) ‘national supervisory authority’ means the body or bodies,
appointed by a Member State for the supervision of air
navigation service providers;

(b) ‘recognised organisation’ means a private or public body,
recognised in conformity with Article 4, carrying out
assessment work for a national supervisory authority;

(c) ‘authorisation’ means a permission which is granted by a
Member State and which certifies that an air navigation
service provider is suitable for providing a specific service;

(d) ‘bundle of services’ means two or more air navigation

services as listed in Annex I;

(e) ‘air traffic services’ means all flight information services,
alerting services, air traffic advisory services and air traffic
control services, including area control services, approach
control services and aerodrome control services as defined
in Annex I;

(1) OJ L 184, 17.7.1999, p. 23.

(f)

‘designation’ means an appointment by a Member State or
Member States in accordance with this Regulation, giving a
service provider the responsibility for providing air traffic
services on an exclusive basis;

(g) ‘ancillary services’ means communication, navigation and

surveillance services as further defined in Annex I;

(h) ‘airspace block’ means an airspace of defined dimensions,
above land or waters, within which air navigation services
are provided;

(i)

(j)

‘functional airspace block’ means an airspace block of
optimally defined dimensions;

‘operational data’ means information and/or data used by
air navigation service providers and airspace users during
the execution of their operational activities;

(k) ‘charges’ means the price related to the operating and
investment costs of air navigation services and related
facilities.

Article 3

National supervisory authorities

1.
A national supervisory authority shall be established by
each Member State in order to assume the relevant responsi-
bilities and obligations under the requirements of this Regu-
lation. The national supervisory authorities shall be inde-
pendent of
the air navigation service providers. This inde-
pendence shall be achieved through adequate separation, at
the functional level at least, between the national supervisory
authorities and such providers.

The national

2.
supervisory authority shall ensure the
appropriate oversight and enforcement of this Regulation, in
particular with regard to the safe and efficient operations of air
navigation service providers. To this end, the national super-
visory authority shall perform proper inspections and surveys
to verify compliance with the requirements of this Regulation.

3. Member States shall inform the Commission of the names
and addresses of the national supervisory authorities and of the
measures undertaken to ensure compliance with the provisions
of paragraph 1. Member States may conclude an agreement on
the supervisory role provided for in this Article in respect of
regional service providers.

States

4. Member
to the
shall notify
information supplied under paragraph 3, within one month
of their introduction.

changes

any

Article 4

Recognised organisations

1.
National supervisory authorities may decide with respect
to air navigation service providers that operate under their
responsibility
to
undertake fully or in part the inspections and surveys.

organisations

recognised

instruct

to

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2. Member States may only recognise those organisations
which fulfil the requirements laid down in paragraph 4 and
which have submitted to the national supervisory authorities a
request for recognition.

3.
A recognition granted by a national supervisory authority
shall be valid within the Community. National supervisory
authorities may instruct any of the recognised organisations
located in the Community to undertake the inspections and
surveys under Article 3(2).

Recognised

comply with

shall
in Annex II

4.
organisations
the
minimum requirements set out
together with
further measures defined in accordance with the
any
procedure referred to in Article 19(2), including the procedures
for the granting of recognition,
their monitoring and the
working relationship and the liability between recognised
organisations and the national supervisory authorities.

Article 5

Without prejudice to international agreements and conventions
to which the Community is a contracting party, providers of
air traffic services shall be owned and continue to be owned
directly, or through majority ownership, by Member States
and/or nationals of Member States. They shall at all times be
effectively controlled by such Member States or such nationals.

4.
Air navigation service providers meeting the requirements
of the system of authorisation shall be entitled to an author-
isation for the purpose of providing air navigation services. To
that end, air navigation service providers shall apply to the
national supervisory authority of
the Member State where
they have their principal place of operation and, if any, their
registered office.

5.
Authorisations shall specify the conditions in terms of
rights and obligations of air navigation service providers that
are objectively justified in order to meet the objectives of this
Regulation. The conditions attached to authorisations and the
procedures for their grant shall:

Safety requirements

(a) comply with the general lines of approach set out in Annex

The

Safety

Regulatory

Eurocontrol

1.
Requirements
(ESARRs) and subsequent amendments to those requirements
shall be identified and adopted in accordance with the
procedure referred to in Article 19(2). Publication shall take
the form of references to such ESARRs in the Official Journal of
the European Communities.

Paragraph 1 shall be without prejudice to Article 1(2) of
2.
Regulation (EC) No . . . of the European Parliament and of the
Council [on establishing common rules in the field of civil
aviation and creating a European Aviation Safety Agency].

Article 6

Licensing and training of controllers

The mobility of air traffic controllers together with enhanced
shall be developed by the European
training conditions
Parliament and of the Council on the basis of a Commission
proposal.

CHAPTER II

RULES FOR THE PROVISION OF SERVICES

Article 7

System of authorisation

1.
The provision of air navigation services shall be subject to
a system of authorisation certifying the suitability of service
providers to provide such services.

2. Member States shall issue and monitor authorisations for
air navigation services. Authorisations may be granted for each
separate air navigation service as listed in Annex I or for a
bundle of such services.

3. Member States shall accept any authorisation granted in
the Community according to the requirements of this Article.

III;

(b) be non-discriminatory, proportionate and transparent;

(c) avoid any conflict of

in the management or
interest
operation of air navigation services and ensure fair access
by all airspace users;

(d) reflect the public interest nature of air navigation services.

The

authorisation

6.
harmonised
system,
conditions in respect of the various air navigation services
and the relevant conditions and procedures for the granting
of authorisations, shall be established in accordance with the
procedure referred to in Article 19(2).

including

7.
Providers of air navigation services at the time of entry
into force of this Regulation shall be authorised to continue to
do so, provided that they comply with paragraphs 1 to 5
within a period of six months of the adoption of implementing
rules for authorisations in accordance with paragraph 5.

No air navigation service provider established in the
8.
Community
shall be permitted to operate within the
Community unless it has been granted the appropriate author-
isation.

Article 8

Designation of service providers

1.
The provision of air traffic services shall be subject to a
system of designation allowing the service provider to operate
on an exclusive basis within specific airspace blocks and
defining the obligations and requirements of the operation.
Member States shall designate service providers to provide air
traffic services in respect of the airspace over their territory. For
this purpose, Member States may designate any service
providers holding a valid authorisation within the Community.

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Air traffic services that are, at the time of entry into force
2.
of
this Regulation, operated by an air navigation service
provider in respect of specific airspace blocks shall entitle
that service provider to be designated for the same services
in the same airspace blocks for a maximum period of three
years without prejudice to the application of the provisions of
Article 5 of Regulation (EC) No . . . [airspace regulation].

the specific obligations of each
arrangements shall set out
party,
including the scope and procedures for exchanging
data and for the transfer of control following the adoption of
the measures referred to in Article 12 of Regulation (EC) No . . .
[framework regulation]. Those arrangements shall comply with
the relevant provisions of this Regulation.

3. With regard to ancillary services, meteorological services
and aeronautical information services, the granting of author-
isations confers to service providers the right of providing such
services within the Community, subject to their notification to
the relevant national supervisory authorities of the Member
States and to the Commission of
the airspace blocks in
respect of which such services will be provided.

Air navigation service providers

shall provide their
4.
services
in an open, non-discriminatory and transparent
manner. Such services shall be delivered in accordance with
the terms of the relevant authorisations and, where appro-
priate, of the relevant designations.

5.
In respect of functional airspace blocks as laid down in
accordance with Article 5 of Regulation (EC) No . . . [airspace
regulation] and when the configuration of such functional
airspace blocks differ from that of airspace blocks assigned
on the basis of paragraphs 1 and 2 of this Article, Member
States shall designate service providers to deliver air traffic
in functional airspace blocks. When a functional
services
airspace block extends over the territory of more than one
Member State, the Member States concerned shall, within one
month of the establishment of the functional airspace block,
jointly designate the service providers.

Such service providers shall be immediately notified to the
Commission.

Article 9

Relations between service providers

Air navigation service providers may avail themselves of the
services of other service providers,
in particular for ancillary
services, meteorological services and aeronautical information
services. In such cases, air navigation service providers shall
formalise their working relationships by means of written
agreements or equivalent legal arrangements setting out the
specific duties and functions assumed by the providers. Those
arrangements shall comply with the relevant provisions of this
Regulation.

Article 10

Relations with military authorities

1.
Air navigation service providers shall take the necessary
steps with a view to entering into written agreements or
equivalent legal arrangements with military authorities for the
designated. Those
blocks of

airspace where

they

are

2.
As long as Member States have separate entities to
provide air traffic services to civil and military air traffic,
they shall
inform the Commission of the way in which the
cooperation between such entities is organised.

Article 11

Unbundling of accounts

1.
Air navigation service providers, whatever their system of
ownership or legal form, shall draw up, submit to audit and
publish their annual accounts in accordance with International
Accounting Standards adopted by the Community.

shall,

in their

2. When providing a bundle of services, air navigation
service providers
internal accounting, keep
separate accounts for each service as listed in Annex I, and,
where appropriate, shall keep consolidated accounts for other,
non-air navigation services, as they would be required to do if
the services in question were carried out by separate under-
takings. When providers of air traffic services operate within
functional
internal
accounting, keep separate accounts for each control centre
responsible for that block.

airspace blocks,

they shall,

in their

inform the Commission of the
3.
Service providers shall
liabilities, expenditure and
rules for the allocation of assets,
income which service providers follow in drawing up the
separate accounts referred to in paragraph 2.

4. Member States or any competent authority which they
designate, as well as the Commission, shall have a right of
access to the accounts of service providers.

Article 12

Access to and protection of data

1.
Operational data shall be exchanged in real-time between
service providers and between such service providers and
airspace users to facilitate the operational needs of both.

2.
Access to operational data shall be granted to all auth-
orised air navigation service providers, airspace users and other
operators concerned on a non-discriminatory basis.

Each service provider shall establish standard conditions
3.
of access to its operational data from other service providers
and airspace users. National
shall
approve such standard conditions. Detailed rules relating to
such conditions shall be established, where appropriate,
in
accordance with the procedure referred to in Article 19(2).

supervisory authorities

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CHAPTER III

CHARGING SCHEMES

Article 13

General

A charging scheme for air navigation services shall be estab-
lished, in accordance with the requirements of Articles 14 and
15, that contributes to the achievement of greater transparency
with respect to the determination, imposition and enforcement
of charges to airspace users. This charging scheme shall also be
consistent with the provisions of Article 15 of
the 1944
Chicago Convention on International Civil Aviation.

Article 14

General principles

1.
The charging scheme shall proceed by the account of
costs for air navigation services incurred by service providers
on behalf of airspace users.

It shall allocate the costs of air navigation services among
categories of users and shall develop a charging policy.

The following principles shall be applied when estab-

2.
lishing the cost-base for charges:

(a) The cost to be shared among airspace users shall be the full
cost of providing air navigation services, including appro-
priate amounts for interest on capital
investment and
depreciation of assets, as well as the costs of maintenance,
operation, management and administration.

(b) The cost to be taken into account shall be those assessed in
relation to the facilities and services, provided for and
implemented under
the
ICAO Regional Air Navigation Plan, European Region
Doc No 7754.

the 24th edition of 1998 of

(c) The cost of different air navigation services

shall be

identified separately as provided for in Article 11.

(d) Cross-subsidy between different air navigation services shall

be clearly identified.

(e) Costs that are external to the operation of facilities and of
services to airspace users, such as environmental costs, shall
become a component of user charges in whichever way is
most appropriate.

(f) Air navigation services may produce sufficient revenues to
exceed all direct and indirect operating costs and to provide
for a reasonable return on assets to contribute towards
necessary capital improvements.

As far as charges are concerned, the following principles

3.
in particular shall apply:

under

(a) Charges shall be set for the availability of air navigation
services
No
non-discriminatory
distinction shall be made between charges imposed on
different airspace users for the use of the same service in
relation to the nationality or category of the airspace user.

conditions.

(b) Charges shall reflect the cost of air navigation services and

facilities used by airspace users who generate them.

(c) Transparency of

for

the

charges

cost-base

shall be
guaranteed. Standards shall be set
for the provision of
information by the service providers in order to permit
reviews of
forecasts, actual costs and
income. Information shall be regularly exchanged between
the national
service providers,
airspace users, the Commission and Eurocontrol.

supervisory authorities,

the provider's

incentives

and deterrents

(d) Charges shall encourage the safe, efficient and effective
provision of air navigation services at the lowest possible
cost and shall stimulate integrated service provision. They
may provide
consisting of
financial advantages and disadvantages which apply to air
navigation service providers and/or airspace users. They
may also provide revenues to benefit projects designed to
assist specific categories of users and/or air navigation
service providers in order to improve collective air navi-
gation infrastructures,
the provision of air navigation
services and the use of airspace.

The

implementing rules

4.
covered by
paragraphs 1, 2 and 3 shall be established in accordance
with the procedure referred to in Article 19(2).

in the

fields

Article 15

Review of charges

1.
The Commission shall provide for the ongoing review of
compliance with the principles and rules referred to in Article
13 and 14, acting in collaboration with, in particular, national
supervisory authorities. The Commission may also establish the
necessary mechanisms for making use of Eurocontrol expertise.

2.
At the request of one or more Member States which
consider that the principles and rules have not been properly
applied, or on its own initiative, the Commission shall carry
out an investigation on any allegation of non-compliance or
non-application of the principles by service providers. Within
two months of receipt of a request and after consulting the
in accordance with the procedure
‘Single Sky Committee’
referred to in Article 19(3),
take a
decision on the application of Articles 13 and 14 and shall
decide whether the service provider may continue to apply the
principle or rule concerned.

the Commission shall

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The Commission shall communicate its decision to the
3.
Member States and to the service provider concerned. Any
Member State may refer the Commission's decision to the
Council within one month. The Council, acting by a qualified
majority, may take a different decision within a period of one
month.

CHAPTER IV

FINAL PROVISIONS

Article 16

Performance regime

shall be

information required
Detailed rules for the submission of
pursuant to Article 10 of Regulation (EC) No . . . [framework
established in accordance with the
regulation]
procedure referred to in Article 19(2) of
this Regulation,
with a view to allowing the comparison and improvement of
air navigation service provision within the Single Sky. The
submission of this information shall:

(a) promote the wide performance of a network of air navi-

gation service providers within the Community;

(b) offer a prospect of enabling air navigation service providers

to deliver the required services;

(c)

improve the consultation process between airspace users
and air navigation service providers;

(d) allow the identification and the promotion of best practice.

Article 17

Adjustment to technical progress

1.
In order to make adaptations to technical developments,
adjustments may be made, in accordance with the procedure
referred to in Article 19(2), to:

(a) the Annexes;

Article 18

Confidentiality

National supervisory authorities shall not disclose information
covered by the obligation of professional secrecy, in particular
information about service providers, their business relations or
their cost components.

The first paragraph shall be without prejudice to the right of
national supervisory authorities to mandate disclosure where it
is essential for the purposes of fulfilling their duties, in which
case such disclosure shall be proportionate and shall have
regard to the legitimate interests of service providers in the
protection of their business secrets.

Moreover, the first paragraph shall not preclude publication of
information on the conditions and performance of service
provision which does not include information of a confidential
nature as required by Article 16.

Article 19

Committee procedures

The Commission shall be assisted by the ‘Single Sky
1.
Committee’ instituted by Article 7 of Regulation (EC) No . . .
[framework regulation].

2. Where reference is made to this paragraph, the regulatory
procedure laid down in Article 5 of Decision 1999/468/EC
shall apply, in compliance with Article 7 and Article 8 thereof.

The period provided for
1999/468/EC shall be one month.

in Article 5(6) of Decision

3. Where reference is made to this paragraph, the advisory
procedure laid down in Article 3 of Decision 1999/468/EC
shall apply, in compliance with Article 7 and Article 8 thereof.

Article 20

Entry into force

(b) the reference to the ICAO Regional Air Navigation Plan

contained in Article 14(2).

2.
rules
The Commission shall publish implementing
adopted on the basis of this Regulation in the Official Journal
of the European Communities.

This Regulation shall enter into force on the twentieth day
following that of its publication in the Official Journal of the
European Communities.

This Regulation shall be binding in its entirety and directly
applicable in all Member States.

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ANNEX I

AIR NAVIGATION SERVICES

Air traffic services

1. Area control services, means air traffic control for controlled flights in control areas. Air traffic control is a service
provided for the purpose of preventing collisions between aircraft, and on the manoeuvring area between aircraft and
obstructions, and expediting and maintaining an orderly flow of air traffic.

2. Approach control services, means air traffic control service for arriving or departing controlled flights.

3. Aerodrome control services, means air traffic control service for aerodrome traffic.

Other services

4. Search and rescue services, means a service to provide assistance to aircraft in distress and to survivors of aircraft

accidents.

5. Meteorological services, means a service to supply operators, flight crew members, air traffic services units, search and
rescue services units, airports and other concerned with the conduct or development of air navigation with the
meteorological information necessary for the performance of their respective functions.

6. Aeronautical

information services, means a service provided for the purpose of ensuring the flow of information

necessary for the safety, regularity, and efficiency of international air navigation.

Ancillary services

7. Communication services, means a communication service provided for any aeronautical purpose.

8. Navigation services, means a navigation service provided for any aeronautical purpose.

9. Surveillance services, means a surveillance service provided for any aeronautical purpose.

MINIMUM REQUIREMENTS FOR RECOGNISED ORGANISATIONS

ANNEX II

The recognised organisation must:

— be able to document extensive experience in assessing public and private entities in the air transport sectors, in
particular air navigation service providers, and in other similar sectors in one or more of the fields covered by this
Regulation;

— have comprehensive rules and regulations for the periodic survey of the abovementioned entities, published and

continually upgraded and improved through research and development programmes;

— not be controlled by air navigation service providers, or by others engaged commercially in the provision of air

navigation services or in air transport services;

— be established with a significant technical, managerial, support and research staff commensurate to the tasks to be

carried out;

— be managed and administered in such a way as to ensure the confidentiality of information required by the

administration;

— be prepared to provide relevant information to the national supervisory authority and to the Commission;

— have defined and documented its policy and objectives for, and commitment to, quality and has ensured that this

policy is understood, implemented and maintained at all levels in the organisation;

— have developed,

implemented and maintains an effective internal quality system based on appropriate parts of
internationally recognised quality standards and in compliance with EN 45004 (inspection bodies) and with EN
29001, as interpreted by the IACS Quality System Certification Scheme Requirements;

— be subject to certification of its quality system by an independent body of auditors recognised by the administration

of the Member State in which it is located.

C 103 E/34

EN

Official Journal of the European Communities

30.4.2002

CONDITIONS WHICH MAY BE ATTACHED TO AUTHORISATIONS

ANNEX III

1. General information relating to

— the recipient of the authorisation;

— a general description of the purpose of the authorisation;

— confirmation of the authority of the issuing body to issue the authority;

— comprehensive references to the governing legislation under which the authorisation is issued and under which it

will operate;

— a clear specification of the period for which the authorisation is to run;

— the notice period required for the authorised service provider to surrender the authorisation or for the national

supervisory authority to revoke it;

— a definition of terms referred to in the authorisation.

2. Conditions relating to

— the organisational structure and ownership of the service provider,

including the prevention of conflict of

interest;

— the financial strength of the service provider and insurance in respect of liability risks;

— the suitability of the holder of the authorisations, particularly in terms of past experience and credibility, safety

and quality management systems and processes, human resource policies;

— the provision of information reasonably required for the verification of compliance with applicable conditions,
including the regular publication by the service providers of business plans, financial and operational data and
the reporting of safety occurrences;

— the management of assets relevant to the provision of the authorised service,

including capital and human

resources;

— the non-discriminatory access to services from airspace users and the required level of performance of such

service, including safety and interoperability levels;

— ring-fencing or restriction of operation of business other than those related to the provision of air navigation

services;

— any other legal conditions which are not specific to air navigation services;

— measures taken by Member States in accordance with public interest requirements recognised by the Treaty
specifically in relation to public morality, public security, including the investigation of criminal activities, and
public policy.