Opinion No 03/2025

Alignment of the common requirements for ATM/ANS providers with SES 2+ I Contracted activities and distinct roles of the NCA and the NSA

This Opinion proposes to align several requirements of Regulation (EU) 2017/373 (the ‘Common Requirements Regulation’) with certain requirements of Regulation (EU) 2024/2803 (the ‘SES2+ Regulation’) which are already applicable. 

Based on a regulatory analysis, to ensure regulatory consistency, EASA decided to prioritise the alignment of:
1.    the common requirements for contracted activities with the SES 2+ requirements for the procurement of air navigation services (ANS); and
2.    the common requirements with the SES 2+ requirements in relation to the distinct roles of the national supervisory authority (NSA) and the national competent authority (NCA) in the certification and oversight of ANS providers. 

When applicable, ANS contracted activities shall comply with the SES2+ procurement requirements for certification, location, ownership and control of ANS providers, as well as with national security and defence requirements. Hence, the requirements for contracted activities in point ATM/ANS.OR.B.015 are proposed to be amended accordingly.

The tasks attributed to the NSAs regarding requirements for service providers’ financial robustness, liability, insurance cover, ownership and organisational structure require the revision of Articles 4 and 5, as well as of PART-ATM/ANS.AR (Annex II). 

The proposed regulatory material is expected to remove the existing inconsistencies between the Common Requirements Regulation and the SES2+ Regulation.