(fra kommisjonsforordningen)

(1) Commission Implementing Regulation (EU) 2017/373 (2) lays down common requirements for the provision of air traffic management and air navigation services (‘ATM/ANS’) and other air traffic management network functions for general air traffic and their oversight.

(2) Regulation (EU) 2024/2803 of the European Parliament and of the Council (3) has introduced new conditions for service provision by air navigation service providers.

(3) In order to provide services to another air navigation service provider, a service provider is to be certified or have declared its capability in accordance with Article 41 of Regulation (EU) 2018/1139, as provided for in Article 9 of Regulation (EU) 2024/2803.

(4) Implementing Regulation (EU) 2017/373 lays down the common requirements for ATM/ANS service providers to be granted a certificate and to be entitled to exercise the privileges granted within the scope of that certificate. It is necessary to specify how those requirements interplay with the provisions of Implementing Regulation (EU) 2017/373 related to contracted activities by non-certified organisations monitored by the certified service provider, in order to ensure that they are aligned with the requirements for service provision laid down in Regulation (EU) 2024/2803.

(5) Specifically, all air navigation service providers should be required to hold a certificate or a valid declaration pursuant to Article 41 of Regulation (EU) 2018/1139 without prejudice to Article 7(4) of Regulation (EU) 2024/2803. Therefore, the possibility to contract activities to non-certified organisations should be limited to ancillary activities, which are not air navigation services, and should not lead to situations where essential activities falling under the definition of the service provided by the certified air navigation service provider is carried out by a non-certified organisation.

(6) The requirements for contracted activities should be supplemented by requirements applicable for service providers that use personnel or equipment provided by an external organisation. Such requirements should ensure that those resources are effectively integrated into the service provider’s functional and management systems, and that the service provider maintains operational control and remains responsible for the related activities. Moreover, a formal contract should be concluded between the service provider and the organisation providing such resources.

(7) The measures provided for in this Regulation are based on Opinion No 03/2025 of the European Union Aviation Safety Agency in accordance with Article 75(2), points (b) and (c), and Article 76(1) of Regulation (EU) 2018/1139.

(8) The measures provided for in this Regulation are in accordance with the opinion of the committee established by Article 127 of Regulation (EU) 2018/1139,