ATM/ANS.OR.A.001 Scope

DEFINITIONS AND SCOPE IN RELATION TO SERVICE PROVIDERS

(a)To recognise which of the annexes applies to which service provider, it is necessary to understand how services are defined. These definitions have determined the structure and the content of Annexes III to XIII.

(b)Article 3(q) of Regulation (EC) No 216/2008 defines ATM/ANS as ‘the air traffic management functions as defined in Article 2(10) of Regulation (EC) No 549/2004, air navigation services defined in Article 2(4) of that Regulation, and services consisting in the origination and processing of data and formatting and delivering data to general air traffic for the purpose of safety-critical air navigation’.

(c)It should, therefore, be noted that ATM/ANS include more services than ‘Air Traffic Management’ and ‘Air Navigation Services’ together.

(d)In this Regulation, ‘services’ refers to those specified in Annex VIII(2) to Regulation (EU) 2018/1139.

(e)As already defined, ‘ATM network functions’ refers to functions performed by the Network Manager in accordance with Regulation (EU) No 677/2011.

(f)Figure 1 below provides a pictorial representation of the services and how they interrelate through the various definitions.

(g)Figure 1 indicates both a further breakdown of ATS into air traffic control services (ATC), alerting services, air traffic advisory services, and flight information services and groupings of:

(1)air traffic management (ATM): comprising ATS, ASM, and ATFM;

(2)air navigation services (ANS): comprising ATS, CNS, MET, and AIS; and

(3)flight procedure design services (FPD) and data services (DAT) and ATM network functions.

(h)It is important to note that ATS is included in ATM and ANS.

Figure 1: The scope of the services, subject to certification, as specified in Regulation (EU) 2018/1139.

SERVICES

(a)Annex III (Part-ATM/ANS.OR) applies to the service providers, as relevant, and contains the common requirements for the service providers. This Annex is broken down into four subparts:

(1)Subpart A — General requirements (ATM/ANS.OR.A);

(2)Subpart B — Management (ATM/ANS.OR.B);

(3)Subpart C — Specific organisational requirements for service providers other than ATS providers (ATM/ANS.OR.C); and

(4)Subpart D — Specific organisational requirements for ANS and ATFM providers and the Network Manager (ATM/ANS.OR.D).

(b)Subpart D applies only to ANS and ATFM providers and the Network Manager (and not to ASM and DAT providers).

(c)Thereafter, each specific requirement for various service providers is allocated to an annex (Annexes IV to XII) which contains specific requirements for that service provider. Table 1 below indicates which annexes are applicable to each service provided.

(d)Annex XIII contains requirements for service providers regarding personnel training and competence assessment.

AIR TRAFFIC SERVICES FOR FLIGHT TEST

(a)When the flight tests have one of the following characteristics:

(1)frequent changes in levels and headings, depending on the tests which are carried out with certain unpredictability;

(2)unless necessary for the purpose of the flight tests, navigation in general (route/destination, etc.) is not the primary objective of these flights;

(3)specific aircraft configurations sometimes resulting in reduced ability to manoeuvre;

(4)technical constraints, including airborne and ground testing facilities;

(5)airborne equipment is not proven to be up to the required certification level; and

(6)the planning for conducting flight tests can be of a very ad hoc nature giving little timing for carrying out strategy or pre-tactical air traffic flow management. (e.g. the need to test under specific weather conditions which would require flexibility for allocation of slots for these flight tests), then the air traffic services provider providing services to this type of flight testing may need a specific privilege within the certificate issued by the competent authority because of the specificities of the air traffic services to be provided to this type of operations and because of the need to ensure safe operations in the airspace in which flight tests are being conducted.

(b)Given the characteristics in (a), flight tests can be made in cohabitation with other airspace users in controlled or non-controlled airspace, and sometimes in temporarily reserved areas when necessary.

Table 1: Applicability of annexes to service providers X = Applicable annexes for each service provider. Note 1: Section 3 of Annex IV (Part-ATS) only applies to providers of air traffic control services and not to providers of alerting, air traffic advisory, and flight information services. Note 2: The applicability of Annex XIII is dependent upon the scope as specified within each of the subparts of Annex XIII.