52001PC0564(01)

Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on the provision of Air Navigation Services in the Single European Sky

(Presented by the Commission)

2001/0235 (COD)

Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on the provision of Air Navigation Services in the Single European Sky

(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],

[1] OJ C [...], [...], p. [...].

Having regard to the opinion of the Economic and Social Committee [2],

[2] OJ C [...], [...], p. [...].

Having regard to the opinion of the Committee of the Regions [3],

[3] OJ C [...], [...], p. [...].

Acting in accordance with the procedure laid down in Article 251 of the Treaty [4],

[4] OJ C [...], [...], p. [...].

Whereas:

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

(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 authorisation and a charging mechanism to stimulate cost-effectiveness;

(3) Regulation (EEC) XXX/XX of the European Parliament and of the Council lays down the framework for the creation of the Single European Sky [5];

[5] OJ C [...], [...], p. [...].

(4) In order to create the Single 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 Regulation (EEC) XXX/XX [airspace regulation]; the establishment of a harmonised organisation of the provision of such services is important to adequately respond to the demand of airspace users and safely and efficiently operate air traffic;

(5) The control of compliance of air navigation service providers and other operators concerned with Community requirements, as established on the basis of this Regulation, is predominantly a task for the Member States; it requires adequate independence of the authorities exerting such a control from air navigation service providers;

(6) Member States may entrust to recognised organisations the verification and certification of the compliance of air navigation service providers and other operators concerned with Community requirements, as established on the basis of this Regulation;

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

(8) Solutions shall be proposed to overcome the lack of controllers through the improvement of the procedures for training and licensing;

(9) Whilst guaranteeing the continuity of service provision, a common system should be established for authorising air navigation services which constitutes a means for detailing 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 modalities of service provision; therefore authorisations should provide for the most adequate control compatible with the fulfilment of applicable requirements; it is also important to define non-discriminatory requirements in relation to the location and control of a service provider, in particular of air traffic services, applying for an authorisation;

(11) Conditions attached to authorisations are necessary in order to attain public interest objectives for the benefits of airspace users and the air transport passengers; they should be objectively justified in relation to the service concerned and should be non-discriminatory, proportionate and transparent;

(12) The harmonisation of conditions attached to authorisations and of the procedures associated with the granting of authorisations should significantly facilitate the provision of air navigation services in the Community;

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

(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 what safety permits;

(15) Desiring to facilitate the safe conduct of air traffic across the boundaries of the Member States in the interests of the airspace users and their passengers, the system of authorisation should provide for a framework to enable the designation by Member States of service providers for providing air traffic services, regardless of where they have been authorised;

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

(17) Co-operation between service providers, airspace users and other operators should be enhanced on a contractual basis;

(18) Air navigation service providers should establish and maintain close co-operation with military authorities responsible for activities that may affect air traffic, through appropriate arrangements;

(19) The accounts of all air navigation service providers should provide for maximum transparency; to this end, the accounts must be separated for each service and control centre;

(20) The introduction of harmonised principles and conditions for access to operational data should facilitate the provision of air navigation services and the operations of airspace users and airports under the new environment created by this Regulation;

(21) A Community framework is needed to ensure that fair, equitable and transparent charging conditions apply to airspace users;

(22) User charges should provide compensation for the facilities and services provided by air navigation services; 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 must be in relation to the costs borne for the provision of such facilities and services, taking into consideration the objective of economic efficiency;

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

(24) Air navigation services offer a certain number of facilities and services directly related to the operation of aircraft, the costs of which they must be able to recover according to the "user pays" principle, that is the airspace user 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; therefore, any changes made to the system or level of charges must be explained to airspace users; such changes or investment proposed by air navigation service providers must be explained in the framework of an exchange of information between their management bodies and airspace users;

(26) There should be scope for modulating charges that contribute to maximise system-wide capacity; financial incentives are a useful way to accelerate the introduction of ground-based or airborne equipment that increases capacity, to reward high performance or to offset the inconvenience of choosing less desirable routings;

(27) The Commission will examine the feasibility of organising a temporary financial aid to measures to increase the capacity of Europe's air traffic control system as a whole;

(28) The establishment and imposition of charges to airspace users should be constantly and efficiently reviewed by the Commission, involving EUROCONTROL, in co-operation with national supervisory authorities and airspace users;

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

(30) Due to the particular sensitivity of information concerning service providers, national supervisory authorities should not disclose information covered by the obligation of professional secrecy without prejudice to the organisation of a system to monitor and publish the performance of service providers;

(31) In line with the subsidiarity and proportionality principles laid down in Article 5 of the Treaty, the objectives of this Regulation, i.e. to promote the safe and efficient provision of air navigation services, cannot be sufficiently achieved by the Member States individually and can therefore, by reason of the transnational scale of this action, be better achieved by the Community, while ensuring that the implementing procedures take account of the specific local conditions;

(32) Since the measures necessary for the implementation 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 procedures for the exercise of implementing powers conferred on the Commission [6], they should be adopted by use of the regulatory procedure provided for in Article 5 of that Decision;

[6] OJ L 184, 17.7.1999, p. 23.

(33) In accordance with Article 2 of Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission24, measures for the implementation of this Regulation should be adopted by use of the advisory procedure provided for in Article 3 of that Decision,

HAVE ADOPTED THIS REGULATION:

Part I

General aspects

Article 1 (Scope)

This Regulation shall apply to the provision of air navigation services for civil aviation, including air traffic services, meteorological services, search and rescue services and ancillary services providing communication, navigation and surveillance infrastructure and aeronautical information services as specified in Annex I to this Regulation, in accordance with and within the scope of Regulation (EEC) XXX/XX [framework regulation] laying down the framework for the creation of the Single Sky.

Article 2 (Definitions)

For the purposes of this Regulation and in addition to the definitions set out in Article 2 of Regulation (EEC) XXX/XX [framework regulation]:

(a) "national supervisory authority" means the body or bodies, distinct and functionally independent of the air navigation service providers, appointed by a Member State with the supervision of air navigation service providers;

(b) "recognised organisation" means a private or public body, recognised in conformity with Article 4 of this Regulation, 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 to provide a specific service;

(d) "bundle of services" means two or more air navigation services as specified in Annex I of this Regulation;

(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 identified in Annex I to this Regulation;

(f) "designation" means an appointment by a Member State or Member States in accordance with this Regulation and which gives a service provider the responsibility for providing air traffic services on an exclusive basis;

(g) "ancillary services" means communication, navigation and surveillance services as identified in Annex I to this Regulation;

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

(i) "functional airspace block" means an airspace of optimal defined dimensions, above land or waters, within which air navigation services are provided;

(j) "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. National supervisory authorities shall be established by each Member State in order to assume the relevant responsibilities and obligations under the requirements of this Regulation. The national supervisory authorities shall be independent of the bodies responsible for the management and operation of air navigation services. This independence shall be achieved through adequate separation, of at least functional level, between the national supervisory authorities and such bodies.

2. The national supervisory authority shall ensure the appropriate oversight and enforcement of the provisions of this Regulation, in particular with regard to the safe and efficient operations of air navigation service providers. To this end, the national supervisory authority shall perform adequate 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 concerned may conclude an agreement on the supervisory role provided for in this Article in respect of regional service providers.

4. Member States shall notify any changes in respect of the information supplied under paragraph 3, within one month of their entry into force.

Article 4 (Recognised organisations)

1. In assuming their obligations under Article 3 of this Regulation, National supervisory authorities may decide with respect to air navigation service providers that operate under their responsibility to rely upon recognised organisations to undertake fully or in part the inspections and surveys.

2. Member States may only recognise those organisations which fulfil the requirements set out in accordance with the procedure referred to in paragraph 4 of this Article and which have submitted to the national supervisory authorities a request for recognition.

3. A recognition granted by a national supervisory authority is valid within the Community. National supervisory authorities may entrust any of the recognised organisations located in the Community to undertake the inspections and surveys under paragraph 2 of Article 3 of this Regulation.

4. Recognised organisations shall comply with the minimum requirements set out in Annex II of this Regulation together with any further measures defined in accordance with the procedure laid down in Article 19(2) of this Regulation, 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 (Safety requirements)

1. The EUROCONTROL Safety Regulatory Requirements (ESARRs) and subsequent EUROCONTROL amendments to those requirements shall be identified and adopted in accordance with the procedure laid down in Article 19(2) of this Regulation. The Commission shall publish the references of all ESARRs thus made mandatory in the Official Journal of the European Communities.

2. The provisions of this Article are without prejudice to Article 1(2) of Regulation (EEC) XXX/XX 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 training conditions shall be developed on the basis of a Commission proposal to be agreed by the European Parliament and the Council, so that the needs for controllers can be met more efficiently at Community rather than national level.

Part II

Modalities for the provision of services

Article 7 (System of authorisation)

1. In order to facilitate the establishment of a harmonised environment for the safe and efficient management and operation of air navigation services across the Community the provision of air navigation services is 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 can be granted for each separate air navigation service as specified in Annex I of this Regulation 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. No air navigation service provider established in the Community shall be permitted to operate within the Community unless it has been granted the appropriate authorisation. 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 be granted an authorisation 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 granting shall:

(a) comply with the general lines of approach set out in Annex III of this Regulation;

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

(c) avoid any conflict of interest in the management or operation of air navigation service providers and ensure equitable access by all airspace users,

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

The authorisation system, including harmonised 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 laid down in Article 19(2) of this Regulation.

6. Providers of air navigation services at the time of entry into force of this Regulation are authorised to continue to do so, provided that they comply with the provisions of this Article within a period of 6 months of the adoption of implementing rules for authorisations in accordance with paragraph 5 of this Article.

Article 8 (Designation of service providers)

1. The provision of air traffic services is 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 authorised 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.

2. Air traffic services that are, at the time of entry into force 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 3 years without prejudice to the application of the provisions of Article 5 of Regulation (EEC) XXX/XX [airspace regulation].

3. With regard to ancillary services, meteorological services and aeronautical information services, the granting of authorisations 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.

4. Air navigation service providers shall provide their 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 appropriate, of the relevant designations.

5. In respect of functional airspace blocks as laid down in accordance with Article 5 of Regulation (EEC) XXX/XX [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, Member States shall designate service providers to deliver air traffic services in functional airspace blocks. When a functional 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. These 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 blocks of airspace where they are designated. These arrangements shall set out the specific obligations of each 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 (ECC) XXX/XX [framework regulation]. These arrangements shall comply with the relevant provisions of this Regulation.

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 co-operation 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 [7] adopted by the Community.

[7] International Accounting Standards elaborated by the International Accounting Standards Board based in London.

2. When providing a bundle of services, air navigation service providers shall, in their internal accounting, keep separate accounts for each service as listed in Annex I of this Regulation, and, where appropriate, 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 undertakings. When providers of air traffic services operate within functional airspace blocks, they shall, in their internal accounting, keep separate accounts for each control centre responsible for that block.

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

4. Member States or any competent authority 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 authorised air navigation service providers, airspace users and other operators concerned on a non-discriminatory basis.

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

Part III

Charging regimes

Article 13 (Charging regime)

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

Article 14 (General principles)

1. An equitable charging regime shall proceed:

(a) by the account of costs for air navigation services incurred by service providers on behalf of airspace users;

(b) to an allocation of the costs of air navigation services among categories of users and the development of a charging policy;

2. The following principles shall be applied when establishing 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 appropriate 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 24th edition of 1998 of the ICAO Regional Air Navigation Plan, European Region Doc no. 7754, as amended on 16 December 1999.

(c) The cost of different air navigation services shall be identified separately as provided for in Article 11 of this Regulation.

(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 the most appropriate way.

(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.

3. Charges have to be established in accordance with the principles of non-discrimination, cost-relatedness, transparency and efficiency:

(a) Charges shall be set for the availability of air navigation services under non-discriminatory conditions. No 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.

(b) Charges shall reflect the cost of air navigation services and facilities used by airspace users who generate them.

(c) Transparency of the cost-base for charges shall be guaranteed. Standards shall be set out for the provision of information, including existing and future data, by the service providers in order to conduct reviews of the provider's forecasts, actual costs and income. Information shall be regularly exchanged between the national supervisory authorities, service providers, airspace users, the Commission and EUROCONTROL.

(d) Charges shall encourage the safe, efficient and effective provision of air navigation services at the lowest possible cost and stimulate integrated service provision. They can provide incentives consisting of financial advantages and disadvantages which apply to air navigation service providers and/or airspace users. They can 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 navigation infrastructures, the provision of air navigation services and the use of airspace

4. The necessary implementing rules in the fields covered by this Article shall be established in accordance with the procedure laid down in Article 19(2) of this Regulation.

Article 15 (Review of charges)

1. The Commission shall provide for the continued review of compliance of the charges with the principles and rules referred to in Article 13 and 14 of this Regulation involving, in particular, national supervisory authorities. The Commission may also establish the necessary mechanisms for making use of EUROCONTROL expertise.

2. At the request of (a) Member State(s), which considers that the principles and rules have not been properly applied, or on its own initiative the Commission shall carry out an investigation on any issue of non-compliance or non-application of the principles by service providers. Within two months of receipt of a request and after consulting the "Single Sky Committee" in accordance with the procedure laid down in Article 19(4) of this Regulation, the Commission shall take a decision on the application of Article 13 and 14 of this Regulation and decide whether the service provider may continue to apply the principle or rule concerned.

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

Part IV

Final provisions

Article 16 (Performance regime)

Detailed rules for the submission of information required pursuant to Article 10 of Regulation (EEC) XXX/XX [framework regulation] shall be established in accordance with the procedure laid down 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:

- promote the wide performance of a network of air navigation service providers within the Community;

- offer a prospect of the ability of air navigation service providers to deliver the required services;

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

- 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 to:

- the Annexes to this Regulation, in so far as such amendments do not broaden the scope of this Regulation,

- the reference to the ICAO Regional Air Navigation Plan as provided for in Article 14(2) of this Regulation,

in accordance with the procedure laid down in Article 19(2) of this Regulation.

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

Article 18 (Confidentiality)

1. 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.

2. Paragraph 1 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.

3. Paragraph 1 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 of this Regulation.

Article 19 (Procedures for the Single Sky Committee)

1. The Commission shall be assisted by the "Single Sky Committee" as provided for in Article 7 of Regulation (EEC) XXX/XX [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(3) and Article 8 thereof.

3. The period provided for in Article 5(6) of Decision 1999/468/EC shall be one month.

4. 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(3) and Article 8 thereof.

Part V

Entry into force

Article 20

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.

Done at Brussels, [...]

For the European Parliament For the Council

The President The President

[...] [...]

ANNEX I

SCOPE AND DEFINITION OF 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.

ANNEX II

MINIMUM REQUIREMENTS FOR RECOGNISED ORGANISATIONS

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 above mentioned 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.

ANNEX III

CONDITIONS WHICH MAY BE ATTACHED TO AUTHORISATIONS

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.