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15.9.2023

EN

Official Journal of the European Union
L 228/3

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In certain remote territories, outside the ICAO European EUR region as defined in the European EUR Air Navigation Plan Volume I Doc 7754 of ICAO, with low traffic volume and where that airspace borders only with airspace under the responsibility of third-country ATM/ANS providers, the application of the attestation methods of certification and declaration of design compliance of ATM/ANS equipment may be challenging or even unfeasible, due to their specific safety and interoperability needs. In such cases, for ATM/ANS equipment that is used by ATM/ANS providers in remote areas outside of the ICAO EUR region, it is deemed appropriate to provide derogations from the certification or declaration requirements applicable to such ATM/ANS equipment. Instead, in order to provide for safe and interoperable provision of ATM/ANS, the ATM/ANS provider in that region needs to ensure that applicable specifications are being met by issuing a statement of compliance.

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It is necessary to ensure a smooth transition to the new regulatory framework established by this Regulation and to ensure that a high and uniform level of civil aviation safety in the Union is maintained. It is therefore necessary to provide sufficient time for the design and manufacturing industry of the ATM/ANS systems and ATM/ANS
constituents, and for the Agency and Member States administrations to adapt to this new framework. It is appropriate that the ATM/ANS equipment that is in operation and that was attested under the previous framework is considered as if it had been issued with certificates or declarations issued under the new framework during a transition period, unless the Agency states that such equipment does not ensure the level of safety and interoperability required by Regulation EU 2018/1139.

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During the transition period, as regards any new ATM/ANS system and ATM/ANS constituent put into operation, a statement of compliance, issued by the ATM/ANS provider that integrates it in its functional system, or, upon request, by the design and production organisation that designs and manufactures it, should be submitted to the competent authority of the referred ATM/ANS provider defined in Article 41 of Implementing Regulation EU 2017/373.

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After the transition period the Agency should be solely responsible for certification and for receiving declarations concerning certain ATM/ANS equipment; it is therefore appropriate for the Agency to evaluate the compliance information submitted to national authorities under the previous framework, before such ATM/ANS equipment comes under the remit of the Agency. Therefore, national authorities should make this information available to the Agency. After the evaluation by the Agency, the ATM/ANS equipment should be deemed to have been issued with a certificate or declaration of compliance. The evaluation needs to be made public by decision of the Agencys executive director.

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The measures provided for in this Regulation are based on Opinion No 01/2023, issued by the European Union Aviation Safety Agency in accordance with Article 752, points b and c, and Article 761 of Regulation EU 2018/1139,
HAS ADOPTED THIS REGULATION:

Article 1
Subject matter and scope
This Regulation lays down common technical requirements and administrative procedures for the certification and declaration of design compliance of ATM/ANS systems and ATM/ANS constituents. This Regulation lays down the rules on:
a identifying ATM/ANS systems and ATM/ANS constituents which are either subject to certification, declaration, or a statement of compliance;
b issuing certificates for ATM/ANS systems and ATM/ANS constituents;