
CHAPTER I
Article 1 

1. Within the scope of the framework Regulation, this Regulation concerns the provision of air navigation services  which form part of the UK ATMS. The objective of this Regulation is to establish common requirements for the safe and efficient provision of air navigation services in  the airspace under the responsibility of the United Kingdom.
2. This Regulation shall apply to the provision of air navigation services for general air traffic in accordance with and within the scope of the framework Regulation.
Article 2 

1. The national supervisory  authority  referred to in Article 4 of the framework Regulation shall ensure the appropriate supervision of the application of this Regulation, in particular with regard to the safe and efficient operation of air navigation service providers which provide services relating to the airspace falling under the responsibility of the  United Kingdom.
2. To this end,  the  national supervisory authority shall organise proper inspections and surveys to verify compliance with the requirements of this Regulation, including human resources requirements for the provision of air navigation services. The air navigation service provider concerned shall facilitate such work.
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Article 3 

1. The national supervisory authority  may decide to delegate in full or in part the inspections and surveys referred to in Article 2(2) to qualified entities that fulfil the requirements set out in Annex I.
2. Such a delegation granted by  the national  supervisory authority shall be valid ... for a renewable period of three years. ...
Article 4 
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Article 5 
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CHAPTER II
Article 6 

(1.) The Secretary of State may by regulations made by statutory instrument prescribe common requirements for the provision of air navigation services in the airspace under the responsibility of the United Kingdom.  The common requirements shall include the following:
— technical and operational competence and suitability,
— systems and processes for safety and quality management,
— reporting systems,
— quality of services,
— financial strength,
— liability and insurance cover,
— ownership and organisational structure, including the prevention of conflicts of interest,
— human resources, including adequate staffing plans,
— security.
(2.) Regulations under paragraph 1—
(a) may make different provision for different purposes;
(b) may make transitional, transitory or saving provision;
(c) may make consequential, incidental or supplementary provision.
(3.) A statutory instrument containing regulations under paragraph 1 is subject to annulment in pursuance of a resolution of either House of Parliament.
Article 7 

1. The provision of all air navigation services  in the airspace under the responsibility of the United Kingdom  shall be subject to certification by  the national supervisory authority.
2. Applications for certification shall be submitted to the national supervisory authority ....
3. The national supervisory authority  shall issue certificates to air navigation service providers where they comply with the common requirements referred to in Article 6. Certificates may be issued individually for each type of air navigation service as defined in Article 2 of the framework Regulation, or for a bundle of such services, inter alia, where a provider of air traffic services, whatever its legal status, operates and maintains its own communication, navigation and surveillance systems. The certificates shall be checked on a regular basis.
4. Certificates shall specify the rights and obligations of air navigation service providers, including non-discriminatory access to services for airspace users, with particular regard to safety. Certification may be subject only to the conditions set out in Annex II. Such conditions shall be objectively justified, non-discriminatory, proportionate and transparent.
5. Notwithstanding paragraph 1,  the national supervisory authority  may allow the provision of air navigation services in all or part of the airspace under  the responsibility of the United Kingdom  without certification in cases where the provider of such services offers them primarily to aircraft movements other than general air traffic. ...
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7. The national supervisory authority  shall monitor compliance with the common requirements and with the conditions attached to the certificates. ... If  the national  supervisory authority finds that the holder of a certificate no longer satisfies such requirements or conditions, it shall take appropriate measures while ensuring continuity of services on condition that safety is not compromised. Such measures may include the revocation of the certificate.
8. Any certificate issued before exit day in a Member State in accordance with Article 7 of Regulation (EC) No 550/2004 which continues to be in force or effective on or after exit day by virtue of Part 3 of Schedule 8 to the European Union (Withdrawal) Act 2018 is:
(a) to continue to be in force or effective on and after exit day for the remainder of its validity period up to a maximum of 2 years (subject to any earlier suspension or cancellation by the national supervisory authority); and
(b) for the purposes of this Regulation and the other measures referred to in Article 3 of the framework Regulation, to be treated as if it was issued by the national supervisory authority in accordance with this Article.
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Article 8 

1. The national supervisory authority  shall ensure the provision of air traffic services on an exclusive basis within specific airspace blocks in respect of the airspace under  the responsibility of the United Kingdom. For this purpose,  the national supervisory authority  shall designate an air traffic service provider holding a valid certificate  issued in accordance with Article 7.
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3. The national supervisory authority  shall define the rights and obligations to be met by the designated air traffic service providers. The obligations may include conditions for the timely supply of relevant information enabling all aircraft movements in the airspace under  the responsibility of the United Kingdom  to be identified.
4. The national supervisory authority  shall have discretionary powers in choosing an air traffic service provider, on condition that the latter fulfils the requirements and conditions referred to in Articles 6 and 7.
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Article 9 

1. The national supervisory authority  may designate a provider of meteorological services to supply all or part of meteorological data on an exclusive basis in all or part of the airspace under  the responsibility of the United Kingdom, taking into account safety considerations.
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Article 9a 
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Article 9b 
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Article 10 

1. Air navigation service providers may avail themselves of the services of other service providers that have been certified  in accordance with Article 7.
2. Air navigation service providers shall formalise their working relationships by means of written agreements or equivalent legal arrangements, setting out the specific duties and functions assumed by each provider and allowing for the exchange of operational data between all service providers in so far as general air traffic is concerned. Those arrangements shall be notified to the national supervisory authority ....
3. In cases involving the provision of air traffic services, the approval of the  the national supervisory authority  shall be required. In cases involving the provision of meteorological services, the approval of the  the national supervisory authority  shall be required if  it has  designated a provider on an exclusive basis in accordance with Article 9(1).
Article 11 
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Article 12 

1. Air navigation service providers, whatever their system of ownership or legal form, shall draw up, submit to audit and publish their financial accounts. These accounts shall comply with  international accounting standards within the meaning of Regulation (EC) No 1606/2002 of the European Parliament and of the Council of 19 July 2002 on the application of international accounting standards (see Article 2 of that Regulation). Where, owing to the legal status of the service provider, full compliance with the international accounting standards is not possible, the provider shall endeavour to achieve such compliance to the maximum possible extent.
2. In all cases, air navigation service providers shall publish an annual report and regularly undergo an independent audit.
3. When providing a bundle of services, air navigation service providers shall identify and disclose the costs and income deriving from air navigation services ... and, where appropriate, shall keep consolidated accounts for other, non-air-navigation services, as they would be required to do if the services in question were provided by separate undertakings.
4. The national supervisory authority  shall have a right of access to the accounts of service providers that provide services within the airspace under  the responsibility of the United Kingdom.
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Article 13 

1. In so far as general air traffic is concerned, relevant operational data shall be exchanged in real-time between all air navigation service providers, airspace users and airports, to facilitate their operational needs. The data shall be used only for operational purposes.
2. Access to relevant operational data shall be granted to appropriate authorities, certified air navigation service providers, airspace users and airports on a non-discriminatory basis.
3. Certified service providers, airspace users and airports shall establish standard conditions of access to their relevant operational data other than those referred to in paragraph 1.  The national supervisory authority  shall approve such standard conditions. ...
CHAPTER III
Article 14 
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Article 15 
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Article 15a 

1. The Secretary of State may by regulations made by statutory instrument make provision imposing on any person a requirement derived from a common project within the meaning of Article 15a of 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, as that Regulation has effect in EU law as amended from time to time .
2. Regulations under paragraph 1—
(a) may make different provision for different purposes;
(b) may make transitional, transitory or saving provision;
(c) may make consequential, incidental or supplementary provision.
3. A statutory instrument containing regulations under paragraph 1 is subject to annulment in pursuance of a resolution of either House of Parliament.
Article 16 
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CHAPTER IV
Article 17 

(1.) The Secretary of State may by regulations made by statutory instrument amend Annex 1 or 2.
(2.) Regulations under paragraph 1—
(a) may make different provision for different purposes;
(b) may make transitional, transitory or saving provision;
(c) may make consequential, incidental or supplementary provision.
(3.) A statutory instrument containing regulations under paragraph 1 is subject to annulment in pursuance of a resolution of either House of Parliament.
Article 18 

1. Neither the national supervisory  authority, nor the  Secretary of State  shall disclose information of a confidential nature, in particular information about air navigation service providers, their business relations or their cost components.
2. Paragraph 1 shall be without prejudice to the right of disclosure by  the national supervisory authority  or the  Secretary of State  where this is essential for the fulfilment of their duties, in which case such disclosure shall be proportionate and shall have regard to the legitimate interests of air navigation service providers, airspace users, airports or other relevant stakeholders in the protection of their business secrets.
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Article 18a 
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Article 19 
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ANNEX I

The qualified entities must:

— be able to document extensive experience in assessing public and private entities in the air transport sectors, in particular air navigation service providers, and in other similar sectors in one or more of the fields covered by this Regulation,
— have comprehensive rules and regulations for the periodic survey of the abovementioned entities, published and continually upgraded and improved through research and development programmes,
— not be controlled by air navigation service providers, by airport management authorities or by others engaged commercially in the provision of air navigation services or in air transport services,
— be established with significant technical, managerial, support and research staff commensurate with the tasks to be carried out,
— be managed and administered in such a way as to ensure the confidentiality of information required by the administration,
— be prepared to provide relevant information to the national supervisory authority ...,
— have defined and documented its policy and objectives for and commitment to quality and have ensured that this policy is understood, implemented and maintained at all levels in the organisation,
— have developed, implemented and maintained an effective internal quality system based on appropriate parts of internationally recognised quality standards and in compliance with EN 45004 (inspection bodies) and with EN 29001, as interpreted by the IACS Quality System Certification Scheme Requirements,
— be subject to certification of its quality system by an independent body of auditors ....

ANNEX II
1. 

((a)) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
((b)) the applicant (name and address);
((c)) the services which are certified;
((d)) a statement of the applicant's conformity with the common requirements, as defined in Article 6 of this Regulation;
((e)) the date of issue and the period of validity of the certificate.

2. 

((a)) non-discriminatory access to services for airspace users and the required level of performance of such services, including safety and interoperability levels;
((b)) the operational specifications for the particular services;
((c)) the time by which the services should be provided;
((d)) the various operating equipment to be used within the particular services;
((e)) ring-fencing or restriction of operations of services other than those related to the provision of air navigation services;
((f)) contracts, agreements or other arrangements between the service provider and a third party and which concern the service(s);
((g)) provision of information reasonably required for the verification of compliance of the services with the common requirements, including plans, financial and operational data, and major changes in the type and/or scope of air navigation services provided;
((h)) any other legal conditions which are not specific to air navigation services, such as conditions relating to the suspension or revocation of the certificate.
