The objective of the proposals put forward in this Notice of Proposed Amendment (NPA) is to adapt the implementing rules adopted on the basis of Regulation (EC) No 552/2004 to Regulation (EU) 2018/1139 as required by the legislator, ensure continuous compliance with those rules by optimising the use of resources during the demonstration of compliance and reduce the administrative burden, and also enable the clear allocation of responsibilities to the affected parties and maximise the synergies with existing processes.
The proposed amendments aim to mitigate the risk of overlaps and ambiguities that exist in the current regulatory framework due to the coexistence of interoperability requirements in the delegated and implementing acts proposed on the basis of Regulation (EU) 2018/1139 and in other EU regulatory frameworks. The proposed amendments will increase legal certainty and support the implementation of the seamless operation of the European Air Traffic Management network (EATMN) at all times and for all phases of flight.
Following the principles presented in NPA 2022-09 ‘Establishment of a regulatory framework on the conformity assessment of ATM/ANS systems and ATM/ANS constituents (ATM/ANS equipment) (Subtask 1)’ issued on
16 August 2022, and based on the results of the review and assessment of Regulations (EC) Nos 1032/2006, 1033/2006, 633/2007, 262/2009, 29/2009, and Implementing Regulations (EU) Nos 1206/2011, 1207/2011, and 1079/2012 (the single European sky interoperability (SES IOP) Regulations) implementing Regulation (EC) No 552/2004 repealed by Regulation (EU) 2018/1139, this NPA mainly proposes the transposition of the requirements from the SES IOP framework into the EASA regulatory framework, without introducing changes to the obligations of the affected parties and, when doing so, the ‘rationale’ for the introduction of the amendments is presented in this NPA.
The proposed new implementing regulations and the amending ones are expected to maintain safety or even increase it through enhanced commonality, continuous compliance, and oversight of the interoperability of the EATMN while reducing the regulatory burden, increasing cost-effectiveness, and improving harmonisation among the affected parties in terms of system technical requirements.
