
Article 1 

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2. The application of this Regulation and of the measures referred to in Article 3 shall be without prejudice to  the United Kingdom's  sovereignty over  its  airspace and to the requirements ... relating to public order, public security and defence matters, as set out in Article 13. This Regulation and the measures referred to in Article 3 do not cover military operations and training.
3. The application of this Regulation and of the measures referred to in Article 3 shall be without prejudice to the rights and duties of  the United Kingdom  under the 1944 Chicago Convention on International Civil Aviation (the Chicago Convention). ...
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Article 2 
For the purpose of this Regulation and of the measures referred to in Article 3, the following definitions shall apply:

1.. ‘air traffic control (ATC) service’ means a service provided for the purpose of:

((a)) preventing collisions:

— between aircraft, and
— in the manoeuvring area between aircraft and obstructions; and
((b)) expediting and maintaining an orderly flow of air traffic;
2.. ‘aerodrome control service’ means an ATC service for aerodrome traffic;
3.. ‘aeronautical information service’ means a service established within the defined area of coverage responsible for the provision of aeronautical information and data necessary for the safety, regularity, and efficiency of air navigation;
4.. ‘air navigation services’ means air traffic services; communication, navigation and surveillance services; meteorological services for air navigation; and aeronautical information services;
5.. ‘air navigation service providers’ means any public or private entity providing air navigation services for general air traffic;
6.. ‘airspace block’ means an airspace of defined dimensions, in space and time, within which air navigation services are provided;
7.. ‘airspace management’ means a planning function with the primary objective of maximising the utilisation of available airspace by dynamic time-sharing and, at times, the segregation of airspace among various categories of airspace users on the basis of short-term needs;
8.. ‘airspace users’ means operators of aircraft operated as general air traffic;
9.. ‘air traffic flow management’ means a function established with the objective of contributing to a safe, orderly and expeditious flow of air traffic by ensuring that ATC capacity is utilised to the maximum extent possible, and that the traffic volume is compatible with the capacities declared by the appropriate air traffic service providers;
10.. ‘air traffic management (ATM)’ means the aggregation of the airborne and ground-based functions (air traffic services, airspace management and air traffic flow management) required to ensure the safe and efficient movement of aircraft during all phases of operations;
11.. ‘air traffic services’ means the various flight information services, alerting services, air traffic advisory services and ATC services (area, approach and aerodrome control services);
12.. ‘area control service’ means an ATC service for controlled flights in a block of airspace;
13.. ‘approach control service’ means an ATC service for arriving or departing controlled flights;
13a.. ‘ATM Master Plan’ means the plan endorsed by Council Decision 2009/320/EC, in accordance with Article 1(2) of Council Regulation (EC) No 219/2007 of 27 February 2007 on the establishment of a Joint Undertaking to develop the new generation European air traffic management system (SESAR);
14.. ‘bundle of services’ means two or more air navigation services;
14a.. ‘the CAA’ means the Civil Aviation Authority;
15.. ‘certificate’ means a document issued by  the national supervisory authority  which confirms that an air navigation service provider meets the requirements for providing a specific service;
16.. ‘communication services’ means aeronautical fixed and mobile services to enable ground-to-ground, air-to-ground and air-to-air communications for ATC purposes;
17.. ‘European air traffic management network’ (EATMN) means the collection of relevant  systems ... enabling air navigation services in the Community to be provided, including the interfaces at boundaries with third countries;
For these purposes relevant systems are:

(a) systems and procedures for airspace management,
(b) systems and procedures for air traffic flow management,
(c) systems and procedures for air traffic services, in particular flight data processing systems, surveillance data processing systems and human-machine interface systems,
(d) communications systems and procedures for ground-to-ground, air-to-ground and air-to-air communications,
(e) navigation systems and procedures,
(f) surveillance systems and procedures,
(g) systems and procedures for aeronautical information services, and
(h) systems and procedures for the use of meteorological information;
18.. ‘concept of operation’ means the criteria for the operational use of the  UK ATMS  or of part thereof;
19.. ‘constituents’ means tangible objects such as hardware and intangible objects such as software upon which the interoperability of the UK ATMS with the  EATMN depends;
20.. ‘Eurocontrol’ is the European Organisation for the Safety of Air Navigation set up by the International Convention of 13 December 1960 relating to Cooperation for the Safety of Air Navigation
21.. ...
22.. ‘flexible use of airspace’ means an airspace management concept applied in the European Civil Aviation Conference area on the basis of the ‘Airspace management handbook for the application of the concept of the flexible use of airspace’ issued by Eurocontrol;
23.. ‘flight information region’ means an airspace of defined dimensions within which flight information services and alerting services are provided;
23a.. ‘flight information service’ means a service provided for the purpose of giving advice and information useful for the safe and efficient conduct of flights;
23b.. ‘alerting service’ means a service provided to notify relevant organisations regarding aircraft in need of search and rescue aid, and to assist such organisations as required;
24.. ‘flight level’ means a surface of constant atmospheric pressure which is related to the specific pressure datum of 1 013,2 hectopascals and is separated from other such surfaces by specific pressure intervals;
25.. ‘functional airspace block’ means an airspace block based on operational requirements and established regardless of State boundaries, where the provision of air navigation services and related functions are performance-driven and optimised with a view to introducing, in each functional airspace block, enhanced cooperation among air navigation service providers or, where appropriate, an integrated provider;
26.. ‘general air traffic’ means all movements of civil aircraft, as well as all movements of State aircraft (including military, customs and police aircraft) when these movements are carried out in conformity with the procedures of the ICAO;
27.. ‘ICAO’ means the International Civil Aviation Organisation, as established by the 1944 Chicago Convention on International Civil Aviation;
28.. ‘interoperability’ means a set of functional, technical and operational properties required of the systems and constituents of the  UK ATMS  and of the procedures for its operation, in order to enable its safe, seamless and efficient operation in relation to the EATMN. Interoperability is achieved by making the systems and constituents compliant with the essential requirements;
29.. ‘meteorological services’ means those facilities and services that provide aircraft with meteorological forecasts, briefs and observations as well as any other meteorological information and data provided by States for aeronautical use;
30.. ‘navigation services’ means those facilities and services that provide aircraft with positioning and timing information;
31.. ‘operational data’ means information concerning all phases of flight that are required to take operational decisions by air navigation service providers, airspace users, airport operators and other actors involved;
32.. ‘procedure’, as used in the context of the interoperability Regulation, means a standard method for either the technical or the operational use of systems, in the context of agreed and validated concepts of operation requiring uniform implementation throughout the UK ATMS and in relation to  the EATMN;
33.. ‘putting into service’ means the first operational use after the initial installation or an upgrade of a system;
34.. ‘route network’ means a network of specified routes for channelling the flow of general air traffic as necessary for the provision of ATC services;
35.. ‘routing’ means the chosen itinerary to be followed by an aircraft during its operation;
36.. ‘seamless operation’ means the operation of the UK ATMS in relation to  the EATMN in such a manner that from the user's perspective  the UK ATMS functions as if it and the EATMN  were a single entity;
37.. ...
38.. ‘surveillance services’ means those facilities and services used to determine the respective positions of aircraft to allow safe separation;
39.. ‘system’ means the aggregation of airborne and ground-based constituents, as well as space-based equipment, that provides support for air navigation services for all phases of flight;
39a.. ‘United Kingdom air traffic management system’ or  ‘UK ATMS’ means the collection of relevant systems enabling air navigation services in the United Kingdom to be provided, including the interfaces at boundaries with other countries and territories. For these purposes relevant systems are:

(a) systems and procedures for airspace management,
(b) systems and procedures for air traffic flow management,
(c) systems and procedures for air traffic services, in particular flight data processing systems, surveillance data processing systems and human-machine interface systems,
(d) communications systems and procedures for ground-to-ground, air-to-ground and air-to-air communications,
(e) navigation systems and procedures,
(f) surveillance systems and procedures,
(g) systems and procedures for aeronautical information services, and
(h) systems and procedures for the use of meteorological information;
40.. ‘upgrade’ means any modification that changes the operational characteristics of a system;
41.. ‘cross-border services’ means any situation where air navigation services are provided in  the United Kingdom  by a service provider certified in  a  Member State.
Article 3 

1. This Regulation establishes a harmonised regulatory framework ... in conjunction with:
(a) Regulation (EC) No 551/2004 of the European Parliament and of the Council of 10 March 2004 on the organisation and use of the airspace in the Single European Sky (the airspace Regulation);
(b) Regulation (EC) No 550/2004 of the European Parliament and of the Council of 10 March 2004 on the provision of air navigation services in the Single European Sky (the service provision Regulation); and
(c) Regulation (EC) No 552/2004 of the European Parliament and of the Council of 10 March 2004 on the interoperability of the European Air Traffic Management network (the interoperability Regulation);
and with the implementing rules adopted before exit day  by the Commission on the basis of this Regulation and the  Regulations  referred to above as well as with the regulations made on or after exit day by the Secretary of State under any of the Regulations referred to in this Article.
2. The measures referred to in paragraph 1 shall apply subject to the provisions of this Regulation.
Article 4 

1. The Secretary of State  shall ... either nominate or establish a body or bodies as  the  national supervisory authority in order to assume the tasks assigned to such authority under this Regulation and under the measures referred to in Article 3.
2. The national supervisory  authority  shall be independent of air navigation service providers. This independence shall be achieved through adequate separation, at the functional level at least, between the national supervisory  authority  and such providers.
3. The national supervisory authority  shall exercise  its  powers under this Regulation and under the measures referred to in Article 3  impartially, independently and transparently. ...
4. The national supervisory authority  shall ensure that  it has  the necessary resources and capabilities to carry out the tasks assigned to  it  under this Regulation and under the measures referred to in Article 3  in an efficient and timely manner.
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Article 5 
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Article 6 
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Article 7 
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Article 8 
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Article 9 
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Article 10 
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Article 11 
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Article 12 

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2. The Secretary of State  shall periodically review the application of this Regulation and of the measures referred to in Article 3 ....
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4. The review must include  an evaluation of the results achieved by the actions taken pursuant to this Regulation and to the measures referred to in Article 3  including appropriate information about developments in the sector, in particular concerning economic, social, environmental, employment and technological aspects, as well as about quality of service ... and with a view to future needs.
Article 13 
This Regulation and the measures referred to in Article 3  shall not prevent the application of measures ... to the extent to which these are needed to safeguard essential security or defence policy interests. Such measures are in particular those which are imperative:

— for the surveillance of airspace that is under  the responsibility of the United Kingdom  in accordance with ICAO Regional Air Navigation agreements, including the capability to detect, identify and evaluate all aircraft using such airspace, with a view to seeking to safeguard safety of flights and to take action to ensure security and defence needs,
— in the event of serious internal disturbances affecting the maintenance of law and order,
— in the event of war or serious international tension constituting a threat of war,
— for the fulfilment of  the United Kingdom's  international obligations in relation to the maintenance of peace and international security,
— in order to conduct military operations and training, including the necessary possibilities for exercises.
Article 13a 
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Article 14 
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