In order to perform maintenance and provide support of equipment produced by our company and that is already deployed in Europe, does our company need to be an approved design or production organisation (DPO)?
Answer
Responsibilities in relation to ‘routine maintenance’ are in the sphere of the ATM/ANS provider’s responsibilities as prescribed under Regulation (EU) 2017/373, and are performed following the instructions/manuals provided by the design and production organisation of the equipment.
Therefore, there is no need to become an approved DPO in order to perform the maintenance.
In contrast, a change to already deployed equipment must be performed in accordance with Regulation (EU) 2023/1768. During the transition period, the air navigation service provider (ANSP) may change the equipment using a 'Statement of Compliance'. However, after the transition period, the implementation of changes for equipment subject to Article 4 or 5 will require an approved DPO.