1.The provision of all air navigation services [F1in the airspace under the responsibility of the United Kingdom] shall be subject to certification by [F2the national supervisory authority].
2.Applications for certification shall be submitted to the national supervisory authority F3....
3.[F4The national supervisory authority] shall issue certificates to air navigation service providers where they comply with the common requirements referred to in Article 6. Certificates may be issued individually for each type of air navigation service as defined in Article 2 of the framework Regulation, or for a bundle of such services, inter alia, where a provider of air traffic services, whatever its legal status, operates and maintains its own communication, navigation and surveillance systems. The certificates shall be checked on a regular basis.
4.Certificates shall specify the rights and obligations of air navigation service providers, including non-discriminatory access to services for airspace users, with particular regard to safety. Certification may be subject only to the conditions set out in Annex II. Such conditions shall be objectively justified, non-discriminatory, proportionate and transparent.
5.Notwithstanding paragraph 1, [F5the national supervisory authority] may allow the provision of air navigation services in all or part of the airspace under [F6the responsibility of the United Kingdom] without certification in cases where the provider of such services offers them primarily to aircraft movements other than general air traffic. F7...
F8[F96.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
7.[F10The national supervisory authority] shall monitor compliance with the common requirements and with the conditions attached to the certificates. F11... If [F12the national] supervisory authority finds that the holder of a certificate no longer satisfies such requirements or conditions, it shall take appropriate measures while ensuring continuity of services on condition that safety is not compromised. Such measures may include the revocation of the certificate.]
[F138.Any certificate issued before exit day in a Member State in accordance with Article 7 of Regulation (EC) No 550/2004 which continues to be in force or effective on or after exit day by virtue of Part 3 of Schedule 8 to the European Union (Withdrawal) Act 2018 is:
(a)to continue to be in force or effective on and after exit day for the remainder of its validity period up to a maximum of 2 years (subject to any earlier suspension or cancellation by the national supervisory authority); and
(b)for the purposes of this Regulation and the other measures referred to in Article 3 of the framework Regulation, to be treated as if it was issued by the national supervisory authority in accordance with this Article.]
F149.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Words in Art. 7(1) substituted (31.12.2020) by The Air Traffic Management (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/459), regs. 1(2), 25(2)(a); 2020 c. 1, Sch. 5 para. 1(1)
F2Words in Art. 7(1) substituted (31.12.2020) by The Air Traffic Management (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/459), regs. 1(2), 25(2)(b); 2020 c. 1, Sch. 5 para. 1(1)
F3Words in Art. 7(2) omitted (31.12.2020) by virtue of The Air Traffic Management (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/459), regs. 1(2), 25(3); 2020 c. 1, Sch. 5 para. 1(1)
F4Words in Art. 7(3) substituted (31.12.2020) by The Air Traffic Management (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/459), regs. 1(2), 25(4); 2020 c. 1, Sch. 5 para. 1(1)
F5Words in Art. 7(5) substituted (31.12.2020) by The Air Traffic Management (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/459), regs. 1(2), 25(5)(a); 2020 c. 1, Sch. 5 para. 1(1)
F6Words in Art. 7(5) substituted (31.12.2020) by The Air Traffic Management (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/459), regs. 1(2), 25(5)(b); 2020 c. 1, Sch. 5 para. 1(1)
F7Words in Art. 7(5) omitted (31.12.2020) by virtue of The Air Traffic Management (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/459), regs. 1(2), 25(5)(c); 2020 c. 1, Sch. 5 para. 1(1)
F8Art. 7(6) omitted (31.12.2020) by virtue of The Air Traffic Management (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/459), regs. 1(2), 25(6); 2020 c. 1, Sch. 5 para. 1(1)
F9Substituted by Regulation (EC) No 1070/2009 of the European Parliament and of the Council of 21 October 2009 amending Regulations (EC) No 549/2004, (EC) No 550/2004, (EC) No 551/2004 and (EC) No 552/2004 in order to improve the performance and sustainability of the European aviation system (Text with EEA relevance).
F10Words in Art. 7(7) substituted (31.12.2020) by The Air Traffic Management (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/459), regs. 1(2), 25(7)(a); 2020 c. 1, Sch. 5 para. 1(1)
F11Words in Art. 7(7) omitted (31.12.2020) by virtue of The Air Traffic Management (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/459), regs. 1(2), 25(7)(b); 2020 c. 1, Sch. 5 para. 1(1)
F12Words in Art. 7(7) substituted (31.12.2020) by The Air Traffic Management (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/459), regs. 1(2), 25(7)(c); 2020 c. 1, Sch. 5 para. 1(1)
F13Art. 7(8) substituted (31.12.2020) by The Air Traffic Management (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/459), regs. 1(2), 25(8); 2020 c. 1, Sch. 5 para. 1(1)
F14Art. 7(9) omitted (31.12.2020) by virtue of The Air Traffic Management (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/459), regs. 1(2), 25(9); 2020 c. 1, Sch. 5 para. 1(1)