Opinion No 01/2023

Regulatory framework on the conformity assessment of ATM/ANS systems and ATM/ANS constituents (ATM/ANS equipment) for the safe and seamless operation of the European ATM network

The objectives of this Opinion are to put forward a proposal regarding:

  • the conformity assessment of certain ATM/ANS equipment (i.e. ATM/ANS systems and ATM/ANS constituents) as well as regarding the approval of organisations involved in its design and/or production; 
  • the adaptation of the implementing rules adopted on the basis of Regulation (EC) No 552/2004 to the framework under Regulation (EU) 2018/1139 as required by the legislator in accordance with Article 140(2) of the referenced Regulation, while ensuring continuous compliance with those rules by optimising the use of resources during the demonstration of compliance and reducing the administrative burden, as well as enabling the clear allocation of responsibilities to the affected parties and maximising the synergies with existing processes. 

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. 

The proposed new 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.

In order to achieve these objectives, this Opinion proposes new Regulations on conformity assessment of certain ATM/ANS equipment, approval of organisations involved in the design and/or production of ATM/ANS equipment, airspace usage requirements (AUR) and amendments to Commission Implementing Regulation (EU) 2017/373 as regards conformity assessment of ATM/ANS systems and ATM/ANS constituents and interoperability of the EATMN as well as to Regulation (EU) No 923/2012 as regards interoperability of the EATMN.