Within the scope of the framework Regulation, this Regulation concerns the provision of air navigation services F1which form part of the UK ATMS. The objective of this Regulation is to establish common requirements for the safe and efficient provision of air navigation services in F2the airspace under the responsibility of the United Kingdom.

This Regulation shall apply to the provision of air navigation services for general air traffic in accordance with and within the scope of the framework Regulation.

The national supervisory F5authority referred to in Article 4 of the framework Regulation shall ensure the appropriate supervision of the application of this Regulation, in particular with regard to the safe and efficient operation of air navigation service providers which provide services relating to the airspace falling under the responsibility of the F6United Kingdom.

To this end, F7the national supervisory authority shall organise proper inspections and surveys to verify compliance with the requirements of this Regulation, including human resources requirements for the provision of air navigation services. The air navigation service provider concerned shall facilitate such work.

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F9The national supervisory authority may decide to delegate in full or in part the inspections and surveys referred to in Article 2(2) to qualified entities that fulfil the requirements set out in Annex I.

Such a delegation granted by F10the national supervisory authority shall be valid F11... for a renewable period of three years. F12...

F16The Secretary of State may by regulations made by statutory instrument prescribe common requirements for the provision of air navigation services in the airspace under the responsibility of the United Kingdom. The common requirements shall include the following:

• technical and operational competence and suitability,

• systems and processes for safety and quality management,

• reporting systems,

• quality of services,

• financial strength,

• liability and insurance cover,

• ownership and organisational structure, including the prevention of conflicts of interest,

• human resources, including adequate staffing plans,

• security.

A statutory instrument containing regulations under paragraph 1 is subject to annulment in pursuance of a resolution of either House of Parliament.

The provision of all air navigation services F18in the airspace under the responsibility of the United Kingdom shall be subject to certification by F19the national supervisory authority.

Applications for certification shall be submitted to the national supervisory authority F20....

F21The 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.

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.

Notwithstanding paragraph 1, F22the national supervisory authority may allow the provision of air navigation services in all or part of the airspace under F23the 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. F24...

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F26The national supervisory authority shall monitor compliance with the common requirements and with the conditions attached to the certificates. F27... If F28the 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.

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F31The national supervisory authority shall ensure the provision of air traffic services on an exclusive basis within specific airspace blocks in respect of the airspace under F32the responsibility of the United Kingdom. For this purpose, F33the national supervisory authority shall designate an air traffic service provider holding a valid certificate F34issued in accordance with Article 7.

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F36The national supervisory authority shall define the rights and obligations to be met by the designated air traffic service providers. The obligations may include conditions for the timely supply of relevant information enabling all aircraft movements in the airspace under F37the responsibility of the United Kingdom to be identified.

F38The national supervisory authority shall have discretionary powers in choosing an air traffic service provider, on condition that the latter fulfils the requirements and conditions referred to in Articles 6 and 7.

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F41The national supervisory authority may designate a provider of meteorological services to supply all or part of meteorological data on an exclusive basis in all or part of the airspace under F42the responsibility of the United Kingdom, taking into account safety considerations.

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Air navigation service providers may avail themselves of the services of other service providers that have been certified F47in accordance with Article 7.

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 each provider and allowing for the exchange of operational data between all service providers in so far as general air traffic is concerned. Those arrangements shall be notified to the national supervisory authority F48....

In cases involving the provision of air traffic services, the approval of the F49the national supervisory authority shall be required. In cases involving the provision of meteorological services, the approval of the F49the national supervisory authority shall be required if F50it has designated a provider on an exclusive basis in accordance with Article 9(1).

Air navigation service providers, whatever their system of ownership or legal form, shall draw up, submit to audit and publish their financial accounts. These accounts shall comply with F52international accounting standards within the meaning of Regulation (EC) No 1606/2002 of the European Parliament and of the Council of 19 July 2002 on the application of international accounting standards (see Article 2 of that Regulation). Where, owing to the legal status of the service provider, full compliance with the international accounting standards is not possible, the provider shall endeavour to achieve such compliance to the maximum possible extent.

In all cases, air navigation service providers shall publish an annual report and regularly undergo an independent audit.

When providing a bundle of services, air navigation service providers shall identify and disclose the costs and income deriving from air navigation services F53... 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 provided by separate undertakings.

F54The national supervisory authority shall have a right of access to the accounts of service providers that provide services within the airspace under F55the responsibility of the United Kingdom.

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In so far as general air traffic is concerned, relevant operational data shall be exchanged in real-time between all air navigation service providers, airspace users and airports, to facilitate their operational needs. The data shall be used only for operational purposes.

Access to relevant operational data shall be granted to appropriate authorities, certified air navigation service providers, airspace users and airports on a non-discriminatory basis.

Certified service providers, airspace users and airports shall establish standard conditions of access to their relevant operational data other than those referred to in paragraph 1. F57The national supervisory authority shall approve such standard conditions. F58...

The Secretary of State may by regulations made by statutory instrument make provision imposing on any person a requirement derived from a common project within the meaning of Article 15a of Regulation (EC) No 550/2004 of the European Parliament and of the Council of 10 March 2004 on the provision of air navigation services in the single European sky, as that Regulation has effect in EU law as amended from time to time .

A statutory instrument containing regulations under paragraph 1 is subject to annulment in pursuance of a resolution of either House of Parliament.

The Secretary of State may by regulations made by statutory instrument amend Annex 1 or 2.

A statutory instrument containing regulations under paragraph 1 is subject to annulment in pursuance of a resolution of either House of Parliament.

Neither the national supervisory F64authority, nor the F65Secretary of State shall disclose information of a confidential nature, in particular information about air navigation service providers, their business relations or their cost components.

Paragraph 1 shall be without prejudice to the right of disclosure by F66the national supervisory authority or the F67Secretary of State where this is essential for the fulfilment of their duties, in which case such disclosure shall be proportionate and shall have regard to the legitimate interests of air navigation service providers, airspace users, airports or other relevant stakeholders in the protection of their business secrets.

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