Common Position (EC) No 32/2003 of 18 March 2003 adopted by the Council, acting in accordance with the procedure referred to in Article 251 of the Treaty establishing the European Community, with a view to adopting a regulation of the European Parliament and of the Council on the interoperability of the European air traffic management network (the interoperability Regulation) (EEC) No 295/91 (Text with EEA relevance)
Date: 2003-03-18
Institutions: Council of the European Union
Subjects: Eurocontrol, European standard, air space, air traffic, air transport, organisation of transport, trans-European network

C 129 E/26

EN

Official Journal of the European Union

3.6.2003

COMMON POSITION (EC) No 32/2003

adopted by the Council on 18 March 2003

with a view to adopting Regulation No (EC) . . ./2003 of the European Parliament and of the
Council of . . . on the interoperability of the European air traffic management network (the inter-
operability Regulation)

(2003/C 129 E/04)

(Text with EEA relevance)

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 (1),

Having regard to the Opinion of the European Economic and
Social Committee (2),

Having regard to the Opinion of
Regions (3),

the Committee of

the

Acting in accordance with the procedure laid down in Article
251 of the Treaty (4),

Whereas:

(3) Regulation (EC) No . . ./2003 (8) of
. . .

European
Parliament and of
(‘the framework
the Council of
Regulation’) lays down the framework for the creation of
the Single European Sky.

the

(4) The report of the High Level Group has confirmed that
even though progress has been achieved during the last
few years towards seamless operation of the EATMN, the
situation still remains unsatisfactory, with a low level of
integration between national
traffic management
systems and a slow pace in the introduction of new
concepts of operation and technology necessary to
deliver the additional required capacity.

air

(5) Enhancing the level of

integration at Community level
in better efficiency and lower costs for
would result
system procurement and maintenance and in improved
operational coordination.

(1)

of

the

European

interoperability

In order to create the Single European Sky, measures
should be adopted in relation to systems, constituents
and associated procedures with the objective of ensuring
air
the
traffic
management network (‘EATMN’)
consistent with the
provision of air navigation services as provided for in
Regulation (EC) No . . ./2003 of the European Parliament
and of the Council of . . . on the provision of air navi-
gation services in the Single European Sky (5) (‘the service
provision Regulation’) and the organisation and use of
airspace as provided for in Regulation (EC) No . . ./2003
of the European Parliament and of the Council of . . . on
the organisation and use of the airspace in the Single
European Sky (6) (‘the airspace Regulation’).

(2) The report of

the High Level Group on the Single
European Sky has confirmed the need to establish
technical regulation on the basis of the ‘new approach’
in accordance with the Council resolution of 7 May
1985 on a new approach to technical harmonisation
and standards (7) where essential requirements, rules and
standards are complementary and consistent.

(1) OJ C 103 E, 30.4.2002, p. 41.
(2) OJ C 241, 7.10.2002, p. 24.
(3) OJ C 278, 14.11.2002, p. 13.
(4) Opinion of the European Parliament of 3 September 2002 (not yet
published in the Official Journal), Council Common Position of 18
March 2003 and Decision of the European Parliament of . . . (not
yet published in the Official Journal).
(5) See page 16 of this Official Journal.
(6) See page 11 of this Official Journal.
(7) OJ C 136, 4.6.1985, p. 1.

(6) The predominance of national technical specifications used
in procurement has led to fragmentation of the systems
market and does not facilitate industrial cooperation at
Community level; as a result,
industry is particularly
affected since it needs to considerably adapt its products
these practices render devel-
for each national market;
opment
new technology
and
unnecessarily difficult and slow down the introduction of
new operational concepts that are required to increase
capacity.

implementation

of

(7)

It is therefore in the interest of all those involved in air
to develop a new partnership
traffic management
approach allowing the balanced involvement of
all
parties and stimulating creativity and the sharing of
knowledge, experience and risks; such partnership should
aim at defining, in cooperation with industry, a coherent
set of Community specifications that can fulfil the widest
possible range of needs.

(8) The internal market

is a Community objective and
therefore measures taken under this Regulation should
contribute to its progressive development in this sector.

(9)

It is therefore appropriate to define essential requirements
traffic
to the
apply
should
which
management network,
and
its
associated procedures.

European air

constituents

systems,

(8) See page 1 of this Official Journal.

3.6.2003

EN

Official Journal of the European Union

C 129 E/27

requirements;

refine the essential

(10) Implementing rules for interoperability should be drawn
up for systems whenever necessary to complement or
further
those rules
should also be drawn up where necessary to facilitate
and
the
agreed
validated
technologies;
compliance with those rules should be permanently main-
tained;
those rules should rely on rules and standards
developed by international organisations such as Euro-
control or ICAO.

introduction of new,
or

coordinated

operation

concepts

of

the

technical

(11) The development and adoption of Community specifi-
cations concerning EATMN,
its systems and constituents
and associated procedures is an appropriate means of
defining
conditions
and
necessary to meet the essential requirements and relevant
implementing rules for interoperability; compliance with
published Community
specifications, which remains
voluntary, creates a presumption of conformity with the
essential requirements and the relevant implementing rules
for interoperability.

operational

(12) Community specifications should be established by the
European standardisation bodies in conjunction with the
European Organisation for Civil Aviation Equipment
(‘Eurocae’)
in accordance with
and by Eurocontrol,
general Community standardisation procedures.

the modules

(13) The procedures governing the assessment of conformity or
suitability for use of constituents should be based on the
use of
covered by Council Decision
93/465/EEC of 22 July 1993 concerning the modules
for
the conformity assessment
procedures and the rules for the affixing and use of the
CE conformity marking, which are intended to be used in
as
the
necessary, these modules should be expanded to cover
specific requirements of the industries concerned.

technical harmonisation directives (1);

the various phases of

far

as

(14) The market concerned is of small size and consists of
systems and constituents used almost exclusively for air
traffic management purposes and not intended for the
it would be therefore excessive to affix
general public;
the CE mark to constituents as, on the basis of
the
assessment of conformity and/or suitability for use, the
manufacturer's declaration of conformity is
sufficient;
that should not affect the obligation on manufacturers to
affix the CE mark to certain constituents in order to certify
their
legislation
relating to them.

compliance with other Community

(1) OJ L 220, 30.8.1993, p. 23.

(15) The putting into service of air traffic management systems
should be subject to verification of compliance with the
essential requirements and relevant implementing rules for
interoperability; use of Community specifications creates a
presumption of conformity with the essential requirements
and relevant implementing rules for interoperability.

(16) The full application of this Regulation should be accom-
plished by means of a transitional strategy designed to
attain the objectives of
this Regulation while not
creating unjustified cost-benefit barriers to preservation
of the existing infrastructure.

(17) Within the framework of the relevant Community legis-
lation, due account should be taken of the need to ensure:

— harmonised conditions with regard to the availability
and efficient use of radio spectrum necessary for the
implementation of the Single European Sky, including
electromagnetic compatibility aspects,

— protection of the safety-of-life services from harmful

interference,

— efficient and appropriate use of frequencies allocated to

and managed exclusively by the aviation sector.

(18) Council Directive 93/65/EEC of 19 July 1993 on the defi-
nition and use of compatible technical specifications for
the procurement of air traffic management equipment and
systems (2) is limited to obligations of awarding entities;
this Regulation is more comprehensive in that it addresses
including air navigation service
obligations of all actors,
providers, airspace users,
industry and airports, and
provides both for rules applicable to all and for the
adoption of Community specifications which, while
being voluntary, creates a presumption of conformity
with the
requirements. Therefore, Directive
93/65/EEC, Commission Directive 97/15/EC of 25 March
1997 adopting Eurocontrol
standards and amending
Council Directive 93/65/EEC on the definition and use
of compatible technical specifications for the procurement
of air-traffic-management equipment and systems (3) and
Commission Regulations
of
6 September 2000 adopting Eurocontrol standards and
amending Directive 97/15/EC (4) and (EC) No 980/2002
of 4 June 2002 amending Regulation (EC) No 2082/2000
should be repealed after a transitional period.

2082/2000

(EC) No

essential

(2) OJ L 187, 29.7.1993, p. 52. Directive as

last amended by

Commission Directive 97/15/EC (OJ L 95, 10.4.1997, p. 16).
(3) OJ L 95, 10.4.1997, p. 16. Directive as amended by Regulation (EC)

No 2082/2000 (OJ L 254, 9.10.2000, p. 1).

(4) OJ L 254, 9.10.2000, p. 1. Regulation as last amended by Regu-

lation (EC) No 980/2002 (OJ L 150, 8.6.2002, p. 38).

C 129 E/28

EN

Official Journal of the European Union

3.6.2003

(19) For reasons of legal certainty it is important to ensure that
the substance of certain provisions of Community legis-
lation adopted on the basis of Directive 93/65/EC remains
in force unchanged. The adoption under this Regulation of
the implementing rules corresponding to such provisions
will necessitate a certain amount of time,

HAVE ADOPTED THIS REGULATION:

CHAPTER I

GENERAL PROVISIONS

Article 1

Objective and scope

1. Within the scope of the framework Regulation, this Regu-
lation concerns the interoperability of the EATMN.

This Regulation shall

their
2.
constituents and associated procedures identified in Annex I.

apply to the

systems,

The objective of this Regulation is to achieve interoper-
3.
ability between the different
and
associated procedures of the EATMN, taking due account of
the relevant international rules. This Regulation aims also at
ensuring the coordinated and rapid introduction of new agreed
and validated concepts of operations or technology in air traffic
management.

constituents

systems,

CHAPTER II

ESSENTIAL REQUIREMENTS,

IMPLEMENTING RULES FOR

INTEROPERABILITY AND COMMUNITY SPECIFICATIONS

Article 2

Essential requirements

(a) determine any specific requirements that complement or
refine the essential requirements, in particular in terms of
safety, seamless operation and performance; and/or

(b) describe, where appropriate, any specific requirements that
complement or
in
the
particular regarding the coordinated introduction of new,
agreed and validated concepts of operation or technologies;
and/or

requirements,

essential

refine

(c) determine the constituents when dealing with systems;

and/or

(d) describe the specific conformity assessment procedures
involving, where appropriate, notified bodies as referred
to in Article 8, based on the modules defined in Decision
93/465/EEC to be used to assess either the conformity or
the suitability for use of constituents as well as the verifi-
cation of systems; and/or

(e) specify the conditions of implementation including, where
appropriate, the date by which all relevant stakeholders are
required to comply with them.

4.
The preparation, adoption and review of implementing
rules for interoperability shall take into account the estimated
costs and benefits of technical solutions by means of which
they may be complied with, with a view to defining the most
viable solution, having due regard to the maintenance of an
agreed high level of safety. An assessment of the costs and
benefits of
those solutions for all stakeholders concerned
shall be attached to each draft implementing rule for interoper-
ability.

5.
Implementing rules for interoperability shall be estab-
lished in accordance with the procedure under Article 7 of
the framework Regulation.

The EATMN, its systems and their constituents and associated
procedures shall meet essential requirements. The essential
requirements are set out in Annex II.

Article 4

Community specifications

Article 3

Implementing rules for interoperability

1.
Implementing rules for interoperability shall be drawn up
whenever necessary to achieve in a coherent way the objectives
of this Regulation.

2.
Systems, constituents and associated procedures shall
comply with the relevant implementing rules for interoper-
ability throughout their lifecycle.

1.
In pursuit of the objective of this Regulation, Community
specifications may be established. Such specifications may be:

(a) European standards for systems or constituents, together
with the relevant procedures, drawn up by the European
standardisation bodies in cooperation with Eurocae, on a
mandate from the Commission in accordance with Article
6(4) of Directive 98/34/EC of the European Parliament and
of the Council of 22 June 1998 laying down a procedure
for the provision of information in the field of technical
standards and regulations (1) and pursuant to the general
guidelines on cooperation between the Commission and
the standardisation bodies signed on 13 November 1984;

3.

Implementing rules for interoperability shall in particular:

(1) OJ L 204, 21.7.1998, p. 37. Directive as last amended by Directive

98/48/EC (OJ L 217, 5.8.1998, p. 18).

3.6.2003

EN

Official Journal of the European Union

C 129 E/29

or

(b) specifications drawn up by Eurocontrol on matters of oper-
ational
coordination between air navigation service
providers, in response to a request from the Commission
in accordance with the procedure referred to in Article 5(2)
of the framework Regulation.

Compliance with the essential requirements and/or the
2.
implementing rules for interoperability shall be presumed for
systems,
or
constituents that meet the relevant Community specifications
and whose reference numbers have been published in the
Official Journal of the European Union.

together with

procedures,

associated

the

applied the provisions

essential
has
requirements and in the relevant implementing rules for inter-
operability.

laid down in the

implementing rules

Compliance with the essential

requirements and the
3.
relevant
interoperability shall be
presumed in relation to those constituents that are accom-
panied by the EC declaration of conformity or suitability for
use.

for

The relevant implementing rules for interoperability shall
4.
identify, where appropriate,
tasks pertaining to the
the
assessment of conformity or suitability for use of constituents
to be carried out by the notified bodies referred to in Article 8.

The Commission shall publish the references to the
in the

3.
European standards referred to in subparagraph 1(a)
Official Journal of the European Union.

Article 6

EC declaration of verification of systems

4.
The references to Eurocontrol specifications referred to in
subparagraph 1(b), shall be published by the Commission in the
Official Journal in accordance with the procedure referred to in
Article 5(2) of the framework Regulation.

1.
Systems shall be subject to an EC verification by the air
navigation service provider in accordance with the relevant
implementing rules for interoperability,
in order to ensure
that they meet the essential requirements of this Regulation
and the implementing rules for interoperability, when inte-
grated into the EATMN.

5. Where a Member State or the Commission considers that
conformity with a published Community specification does not
requirements and/or
ensure compliance with the essential
implementing
said
Community specification is intended to cover, the procedure
referred to in Article 5(2) of the framework Regulation shall
apply.

interoperability which the

rules

for

from the publications

In the case of shortcomings of published European
6.
standards
total withdrawal of
standards, partial or
concerned
them, or
amendments thereto, may be decided upon in accordance
with the procedure
the
framework Regulation after consultation of the committee set
up under Article 5 of Directive 98/34/EC.

referred to in Article 5(2) of

containing

the

7.
In the case of shortcomings of published Eurocontrol
specifications, partial or total withdrawal of the specifications
from the publications
concerned
them, or
thereof, may be decided upon in accordance
amendment
the
with the procedure
framework Regulation.

referred to in Article 5(2) of

containing

2.
Before a system is put into service, the relevant air navi-
gation service provider shall establish an EC declaration of
verification, confirming compliance, and shall submit
to
the national supervisory authority together with a technical
file. The elements of this declaration and of the technical file
are set out in Annex IV. The national supervisory authority
may
to
supervise such compliance.

information

additional

necessary

require

any

it

The relevant implementing rules for interoperability shall
3.
identify, where appropriate, the tasks pertaining to the verifi-
cation of systems to be carried out by the notified bodies as
referred to in Article 8.

The EC declaration of verification shall be without
4.
prejudice to any assessments that
the national supervisory
authority may need to carry out on grounds other than inter-
operability.

Article 7

Safeguards

CHAPTER III

VERIFICATION OF COMPLIANCE

Article 5

EC declaration of conformity or suitability for use of
constituents

Constituents shall be accompanied by an EC declaration
this

1.
of conformity or suitability for use. The elements of
declaration are set out in Annex III.

2.
The manufacturer, or its authorised representative estab-
lished in the Community, shall ensure and declare, by means of
the EC declaration of conformity or suitability for use, that he

1. Where the national supervisory authority ascertains that:

(a) a constituent accompanied by an EC declaration of

conformity or suitability for use, or

(b) a system accompanied by the EC declaration of verification

does not comply with the essential
requirements and/or
relevant implementing rules for interoperability, it shall, with
due regard to the need to ensure safety and continuity of
operations, take all measures necessary to restrict the area of
application of the constituent or the system concerned or to
prohibit its use by the entities under the responsibility of the
authority.

C 129 E/30

EN

Official Journal of the European Union

3.6.2003

The Member State concerned shall

immediately inform
2.
the Commission of any such measures, indicating its reasons
and, in particular, whether in its opinion non-compliance with
the essential requirements is due to:

2. Member States shall apply the criteria provided for in
Annex V for the assessment of
the bodies to be notified.
Bodies meeting the assessment criteria provided for in the
relevant European standards shall be deemed to meet
the
said criteria.

(a)

failure to meet the essential requirements;

(b) incorrect application of the implementing rules for inter-

operability and/or Community specifications;

(c) shortcomings in the implementing rules for interoperability

and/or Community specifications.

3. Member States shall withdraw notification of a notified
body which no longer meets the criteria provided for in Annex
V. It shall forthwith inform the Commission and the other
Member States thereof.

4. Without prejudice to the requirements referred to in
paragraphs 1, 2 and 3, Member States may decide to appoint
organisations recognised in conformity with Article 3 of the
service provision Regulation as notified bodies.

3.
As soon as possible, the Commission shall consult the
parties concerned. After such consultation, the Commission
shall
its
opinion as to whether the measures taken by the national
supervisory authority are justified.

inform the Member State of

its findings and of

CHAPTER IV

FINAL PROVISIONS

Article 9

Revision of Annexes

the measures
4. Where the Commission establishes that
taken by the national supervisory authority are not justified,
it shall request the Member State concerned to ensure that they
are withdrawn without delay. It shall forthwith so inform the
manufacturer or its authorised representative established in the
Community.

any technical or operational developments,
In case of
adjustments may be made to Annexes I and II in accordance
with the procedure referred to in Article 5(3) of the framework
Regulation.

the implementing rules for

5. Where the Commission establishes that non-compliance
with the essential requirements is due to incorrect application
of
the
Community specifications, the Member State concerned shall
take appropriate measures against
the
declaration of conformity or suitability for use or the EC
inform the Commission
declaration of verification and shall
and the other Member States thereof.

interoperability and/or

the originator of

6. Where the Commission establishes that non-compliance
with the essential requirements is due to shortcomings in the
Community specifications, the procedures referred to in Article
4 (6) or (7) shall apply.

Article 8

Notified bodies

1. Member States shall notify the Commission and the other
Member States of the bodies they have appointed to carry out
tasks pertaining to the assessment of conformity or suitability
for use referred to in Article 5, and/or the verification referred
to in Article 6, indicating each body's area of responsibility and
its identification number obtained from the Commission. The
Commission shall publish in the Official Journal of the European
Union the list of bodies, their identification numbers and areas
of responsibility, and shall keep the list updated.

Article 10

Transitional arrangements

Starting from . . . (*),

requirements shall
1.
apply to the putting into service of systems and constituents
of
if not otherwise specified by the relevant
implementing rules for interoperability.

the EATMN,

the essential

Compliance with the essential

2.
required for all systems and constituents of
currently in operation by . . . (**),
by the relevant implementing rules for interoperability.

requirements shall be
the EATMN
if not otherwise specified

3. Where systems of
binding contracts to that effect have been signed

the EATMN have been ordered or

— before the date of entry into force of this Regulation,

or, where appropriate,

— before the date of entry into force of one or more relevant

implementing rules for interoperability,

(*) 1½ years after the date of entry into force of this Regulation.
(**) 8½ years after the date of entry into force of this Regulation.

3.6.2003

EN

Official Journal of the European Union

C 129 E/31

so that compliance with the essential requirements and/or the
relevant
implementing rules for interoperability cannot be
guaranteed within the time limit mentioned in paragraph 1,
the Member State concerned shall communicate
to the
Commission detailed information on the essential requirements
and/or implementing rules for interoperability where uncer-
tainty of compliance has been identified.

The Commission shall enter into consultation with the parties
concerned, after which it shall take a decision in accordance
with the procedure referred to in Article 5(3) of the framework
Regulation.

Article 11

Repeal

Directives 93/65/EEC and 97/15/EC and Regulations
Nos 2082/2000 and 980/2002 shall be repealed on . . . (*).

(EC)

Article 12

Entry into force

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

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

Done at . . .

For the European Parliament

The President

For the Council

The President

(*) 18 months after the date of entry into force of this Regulation.

C 129 E/32

EN

Official Journal of the European Union

3.6.2003

ANNEX I

LIST OF SYSTEMS FOR AIR NAVIGATION SERVICES

For the purpose of this Regulation the EATMN is subdivided into eight systems.

1. Systems and procedures for airspace management.

2. Systems and procedures for air traffic flow management.

3. Systems and procedures for air traffic services,

in particular flight data processing systems, surveillance data

processing systems and human-machine interface systems.

4. Communications systems and procedures for ground-to-ground, air-to-ground and air-to-air communications.

5. Navigation systems and procedures.

6. Surveillance systems and procedures.

7. Systems and procedures for aeronautical information services.

8. Systems and procedures for the use of meteorological information.

3.6.2003

EN

Official Journal of the European Union

C 129 E/33

ANNEX II

ESSENTIAL REQUIREMENTS

PART A: GENERAL REQUIREMENTS

These are network-wide requirements that are generally applicable to each one of the systems identified in Annex I.

1. Seamless operation

Air traffic management systems and their constituents shall be designed, built, maintained and operated using the
appropriate and validated procedures, in such a way as to ensure the seamless operation of the EATMN at all times
and for all phases of flight. Seamless operation can be expressed, in particular, in terms of information-sharing,
including the relevant operational status information, common understanding of information, comparable processing
performances and the associated procedures enabling common operational performances agreed for the whole or
parts of the EATMN.

2. Support for new concepts of operation

The EATMN, its systems and their constituents shall support, on a coordinated basis, new agreed and validated
concepts of operation that improve the quality and effectiveness of air navigation services, in particular in terms of
safety and capacity.

The potential of new concepts, such as collaborative decision-making, increasing automation and alternative methods
of delegation of separation responsibility, shall be examined taking due account of technological developments and of
their safe implementation, following validation.

3. Safety

Systems and operations of the EATMN shall achieve agreed high levels of safety. Agreed safety management and
reporting methodologies shall be established to achieve this.

In respect of appropriate ground-based systems, or parts thereof, these high levels of safety shall be enhanced by
safety nets which shall be subject to agreed common performance characteristics.

A harmonised set of safety requirements for the design, implementation, maintenance and operation of systems and
their constituents, both for normal and degraded modes of operation, shall be defined with a view to achieving the
agreed safety levels, for all phases of flight and for the entire EATMN.

Systems shall be designed, built, maintained and operated, using the appropriate and validated procedures, in such a
way that the tasks assigned to the control staff are compatible with human capabilities, in both the normal and
degraded modes of operation, and are consistent with required safety levels.

Systems shall be designed, built, maintained and operated using the appropriate and validated procedures, in such a
way as to be free from harmful interference in their normal operational environment.

4. Civil-military coordination

The EATMN, its systems and their constituents shall support the progressive implementation of civil/military coor-
dination, to the extent necessary for effective airspace and air traffic flow management, and the safe and efficient use
of airspace by all users, through the application of the concept of the flexible use of airspace.

To achieve these objectives, the EATMN, its systems and their constituents shall support the timely sharing of correct
and consistent information covering all phases of flight, between civil and military parties.

Account should be taken of national security requirements.

5. Environmental constraints

Systems and operations of the EATMN shall take into account the need to minimise environmental
accordance with Community legislation.

impact in

6. Principles governing the logical architecture of systems

Systems shall be designed and progressively integrated with the objective of achieving a coherent and increasingly
harmonised, evolutionary and validated logical architecture within the EATMN.

C 129 E/34

EN

Official Journal of the European Union

3.6.2003

7. Principles governing the construction of systems

Systems shall be designed, built and maintained on the grounds of sound engineering principles, in particular those
relating to modularity, enabling interchangeability of constituents, high availability, and redundancy and fault
tolerance of critical constituents.

PART B: SPECIFIC REQUIREMENTS

These are the requirements that are specific to each one of the systems and that complement or further refine the
general requirements.

1.

Systems and procedures for airspace management

1.1.

Seamless operation

Information relating to pre-tactical and tactical aspects of airspace availability shall be provided to all interested
parties in a correct and timely way so as to ensure an efficient allocation and use of airspace by all airspace users.
This should take into account national security requirements.

2.

Systems and procedures for air traffic flow management

2.1.

Seamless operation

Systems and procedures for air traffic flow management shall support the sharing of correct, coherent and
relevant strategic, pre-tactical and tactical, as applicable, flight information covering all phases of flight and
offer dialogue capabilities with a view to achieving optimised use of airspace.

3.

Systems and procedures for air traffic services

3.1.

Flight data processing systems

3.1.1. Seamless operation

Flight data processing systems shall be interoperable in terms of the timely sharing of correct and consistent
information, and a common operational understanding of that information, in order to ensure a coherent and
consistent planning process and resource-efficient tactical coordination throughout the EATMN during all phases
of flight.

In order to ensure safe, smooth and expeditious processing throughout the EATMN, flight data processing
performances shall be equivalent and appropriate for a given environment (surface, terminal manoeuvring
area (TMA), en-route), with known traffic characteristics and exploited under an agreed and validated operational
concept, in particular in terms of accuracy and error tolerance of processing results.

3.1.2. Support for new concepts of operation

Flight data processing systems shall accommodate the progressive implementation of advanced, agreed and
validated concepts of operation for all phases of flight.

The characteristics of automation-intensive tools must be such as to enable coherent and efficient pre-tactical and
tactical processing of flight information in parts of the EATMN.

Airborne and ground systems and their constituents supporting new, agreed and validated concepts of operation
shall be designed, built, maintained and operated, using appropriate and validated procedures, in such a way as to
be interoperable in terms of timely sharing of correct and consistent information and a common understanding
of the current and predicted operational situation.

3.2.

Surveillance data processing systems

3.2.1. Seamless operation

Surveillance data processing systems shall be designed, built, maintained and operated using the appropriate and
validated procedures, in such a way as to provide the required performance and quality of service within a given
environment (surface, TMA, en-route) with known traffic characteristics, in particular in terms of accuracy and
reliability of computed results, correctness, integrity, availability, continuity and timeliness of information at the
control position.

3.6.2003

EN

Official Journal of the European Union

C 129 E/35

Surveillance data processing systems shall accommodate the timely sharing of relevant, accurate, consistent and
coherent information between them to ensure optimised operations through different parts of the EATMN.

3.2.2. Support for new concepts of operation

Surveillance data processing systems shall accommodate the progressive availability of new sources of surveillance
information in such a way as to improve the overall quality of service.

3.3. Human-machine interface systems

3.3.1. Seamless operation

Human-machine interfaces of ground air traffic management systems shall be designed, built, maintained and
operated using the appropriate and validated procedures,
in such a way as to offer to all control staff a
progressively harmonised working environment,
including functions and ergonomics, meeting the required
performance for a given environment (surface, TMA, en-route), with known traffic characteristics.

3.3.2. Support for new concepts of operation

Human-machine interface systems shall accommodate the progressive introduction of new, agreed and validated
concepts of operation and increased automation, in such a way as to ensure that the tasks assigned to the control
staff remain compatible with human capabilities, in both the normal and degraded modes of operation.

4. Communications systems and procedures for ground-to-ground, air-to-ground and air-to-air communi-

cations

4.1. Seamless operation

Communication systems shall be designed, built, maintained and operated using the appropriate and validated
procedures, in such a way as to achieve the required performances within a given volume of airspace or for a
specific application, in particular in terms of communication processing time, integrity, availability and continuity
of function.

The communications network within the EATMN shall be such as to meet the requirements of quality of service,
coverage and redundancy.

4.2. Support for new concepts of operation

Communication systems shall support the implementation of advanced, agreed and validated concepts of operation
for all phases of flight.

5. Navigation systems and procedures

5.1. Seamless operation

Navigation systems shall be designed, built, maintained and operated using appropriate and validated procedures in
such a way as to achieve the required horizontal and vertical navigation performance, in particular in terms of
accuracy and functional capability, for a given environment (surface, TMA, en-route), with known traffic charac-
teristics and exploited under an agreed and validated operational concept.

6.

Surveillance systems and procedures

6.1. Seamless operation

Surveillance systems shall be designed, built, maintained and operated using appropriate and validated procedures
in such a way as to provide the required performance applicable in a given environment (surface, TMA, en-route)
with known traffic characteristics and exploited under an agreed and validated operational concept, in particular in
terms of accuracy, coverage, range and quality of service.

The surveillance network within the EATMN shall be such as to meet the requirements of accuracy, timeliness,
coverage and redundancy. The surveillance network shall enable surveillance data to be shared in order to enhance
operations throughout the EATMN.

7.

Systems and procedures for aeronautical information services

7.1. Seamless operation

Accurate, timely and consistent aeronautical information shall be provided progressively in an electronic form,
based on a commonly agreed and standardised data set.

C 129 E/36

EN

Official Journal of the European Union

3.6.2003

Accurate and consistent aeronautical information, in particular concerning airborne and ground-based constituents
or systems, shall be made available in a timely manner.

7.2. Support for new concepts of operation

Increasingly accurate, complete and up-to-date aeronautical information shall be made available and used in a
timely manner in order to support continuous improvement of the efficiency of airspace and airport use.

8.

Systems and procedures for the use of meteorological information

8.1. Seamless operation

Systems and procedures for the use of meteorological information shall improve the consistency and timeliness of
its provision and the quality of its presentation, using an agreed data set.

8.2. Support for new concepts of operation

Systems and procedures for the use of meteorological information shall improve the promptness of its availability
and the speed with which it may be used, in order to support continuous improvement of the efficiency of airspace
and airport use.

3.6.2003

EN

Official Journal of the European Union

C 129 E/37

ANNEX III

CONSTITUENTS

EC declaration

— of conformity

— of suitability for use

1. Constituents

The constituents will be identified in the implementing rules for interoperability in accordance with the provisions of
Article 3 of this Regulation.

2. Scope

The EC declaration covers:

— either the assessment of the intrinsic conformity of a constituent, considered in isolation, with the Community

specifications to be met, or

— the assessment/judgment of the suitability for use of a constituent, considered within its air traffic management

environment.

The assessment procedures implemented by the notified bodies at the design and production stages will draw upon
the modules defined in Decision 93/465/EEC, in accordance with the conditions set out in the relevant implementing
rules for interoperability.

3. Contents of the EC declaration

The EC declaration of conformity or suitability for use and the accompanying documents must be dated and signed.

That declaration must be written in the same language as the instructions and must contain the following:

— the Regulation references,

— the name and address of the manufacturer or its authorised representative established within the Community
(give trade name and full address and, in the case of the authorised representative, also give the trade name of the
manufacturer),

— description of the constituent,

— description of the procedure followed in order to declare conformity or suitability for use (Article 5 of this

Regulation),

— all of the relevant provisions met by the constituent and in particular its conditions of use,

— if applicable, name and address of notified body or bodies involved in the procedure followed in respect of
conformity or suitability for use and date of examination certificate together, where appropriate, with the
duration and conditions of validity of the certificate,

— where appropriate, reference to the Community specifications followed,

— identification of signatory empowered to enter into commitments on behalf of the manufacturer or of the

manufacturer's authorised representative established in the Community.

C 129 E/38

EN

Official Journal of the European Union

3.6.2003

ANNEX IV

SYSTEMS

EC declaration of verification of systems

Verification procedure for systems

1. Contents of EC declaration of verification of systems

The EC declaration of verification and the accompanying documents must be dated and signed. That declaration must
be written in the same language as the technical file and must contain the following:

— the Regulation references,

— name and address of the air navigation service provider (trade name and full address),

— a brief description of the system,

— description of the procedure followed in order to declare conformity of the system (Article 6 of this Regulation),

— name and address of the notified body which carried out tasks pertaining to the verification procedure,

if

applicable,

— the references of the documents contained in the technical file,

— where appropriate, reference to the Community specifications,

— all the relevant temporary or definitive provisions to be complied with by the systems and in particular, where

appropriate, any operating restrictions or conditions,

— if temporary: duration of validity of the EC declaration,

— identification of the signatory.

2. Verification procedure for systems

Verification of systems is the procedure whereby an air navigation service provider checks and certifies that a system
complies with this Regulation and may be put into operation on the basis of this Regulation.

The system is checked for each of the following aspects:

— overall design,

— development and integration of the system, including in particular constituent assembly and overall adjustments,

— operational system integration,

— specific system maintenance provisions if applicable.

Where involvement of a notified body is required by the relevant implementing rule for interoperability, the notified
body, after having carried out the tasks incumbent upon it in accordance with the rule, draws up a certificate of
conformity in relation to the tasks it carried out. This certificate is intended for the air navigation service provider.
This provider then draws up the EC declaration of verification intended for the national supervisory authority.

3. Technical file

The technical file accompanying the EC declaration of verification must contain all the necessary documents relating
to the characteristics of the system, including conditions and limits of use, as well as the documents certifying
conformity of constituents where appropriate.

3.6.2003

EN

Official Journal of the European Union

C 129 E/39

The following documents shall be included as a minimum:

— indication of the relevant parts of the technical specifications used for procurement that ensure compliance with
the applicable implementing rules for interoperability and, where appropriate, the Community specifications,

— list of constituents as referred to in Article 3 of this Regulation,

— copies of the EC declaration of conformity or suitability for use with which the above mentioned constituents
must be provided in accordance with Article 5 of this Regulation accompanied, where appropriate, by a copy of
the records of the tests and examinations carried out by the notified bodies,

— where a notified body has been involved in the verification of the system(s), a certificate countersigned by itself,
the system complies with this Regulation and mentioning any reservations recorded during

stating that
performance of activities and not withdrawn,

— where there has not been involvement of a notified body, a record of the tests and installation configurations
made with a view to ensuring compliance with essential requirements and any particular requirements contained
in the relevant implementing rules for interoperability.

4. Submission

The technical file must be attached to the EC declaration of verification which the air navigation service provider
submits to the national supervisory authority.

A copy of the technical file must be kept by the provider throughout the service life of the system. It must be sent to
any other Member States which so request.

C 129 E/40

EN

Official Journal of the European Union

3.6.2003

ANNEX V

NOTIFIED BODIES

1. The body, its Director and the staff responsible for carrying out the checks may not become involved, either directly
or as authorised representatives, in the design, manufacture, marketing or maintenance of the constituents or systems
or in their use. This does not exclude the possibility of an exchange of technical information between the manu-
facturer or constructor and that body.

2. The body and the staff responsible for the checks must carry out the checks with the greatest possible professional
integrity and the greatest possible technical competence and must be free of any pressure and incentive, in particular
of a financial type, which could affect their judgement or the results of their inspection, in particular from persons or
groups of persons affected by the results of the checks.

3. The body must employ staff and possess the means required to perform adequately the technical and administrative

tasks linked with the checks; it should also have access to the equipment needed for exceptional checks.

4. The staff responsible for inspection must have:

— sound technical and vocational training,

— satisfactory knowledge of the requirements of the inspections they carry out and adequate experience of such

operations,

— the ability required to draw up the declarations, records and reports to demonstrate that the inspections have

been carried out.

5. The impartiality of the inspection staff must be guaranteed. Their remuneration must not depend on the number of

inspections carried out or on the results of such inspections.

6. The body must take out liability insurance unless its liability is assumed by the Member State in accordance with

national law, or the Member State itself is directly responsible for the inspections.

7. The staff of the body must observe professional secrecy with regard to all information acquired in carrying out their

tasks under this Regulation.

3.6.2003

EN

Official Journal of the European Union

C 129 E/41

STATEMENT OF THE COUNCIL'S REASONS (1)

(1) See page 8 of this Official Journal.