Commission Implementing Regulation (EU) 2023/1769 of 12 September 2023 laying down technical requirements and administrative procedures for the approval of organisations involved in the design or production of air traffic management/air navigation services systems and constituents and amending Implementing Regulation (EU) 2023/203

This Regulation lays down technical requirements and administrative procedures for the approval of organisations involved in the designor production of ATM/ANS systems and ATM/ANS constituents subject to certification in accordance with Article 4 of Delegated Regulation (EU) 2023/1768 or declaration of design compliance in accordance with Article 5 of that Regulation.

For the purpose of this Regulation the following definitions apply: (1) ‘ATM/ANS equipment’ means ATM/ANS constituents as defined by Article 3(6) of Regulation (EU) 2018/1139 and ATM/ANS systems as defined by Article 3(7) of that Regulation, excluding airborne constituents, which are subject to Commission Regulation (EU) No 748/2012 ; (2) ‘ATM/ANS equipment directive’ means a document issued by the Agency which mandates actions to be performed by ATM/ANS providers on ATM/ANS equipment to address an unsafe and/or insecure condition that has been identified and restore the performance and interoperability of that ATM/ANS equipment when evidence shows that the safety, security, performance or interoperability of that particular equipment may otherwise be compromised.

1 For the purposes of this Regulation, the competent authority responsible for the issue of approvals to organisations involved in the design or production of ATM/ANS equipment and for the oversight and enforcement in respect of those organisations, shall be the Agency.

2 The Agency shall fulfil the detailed requirements laid down in Annex I (Part-DPO.AR) when conducting certification, investigations, inspections, audits and other monitoring activities necessary to ensure the effective oversight of organisations involved in the design or production of ATM/ANS equipment subject to this Regulation. The Agency may seek administrative support from national competent authorities for the performance of its tasks related to certification, oversight and enforcement when executing its functions under this Regulation.

1 An organisation involved in the design or production of ATM/ANS equipment subject to certification in accordance with Article 4 of Delegated Regulation (EU) 2023/1768 or declaration of design compliance in accordance with Article 5 of that Regulation shall demonstrate its capability as a design or production organisation for ATM/ANS equipment in accordance with Annex II (Part-DPO.OR).

2 Organisations involved in the design or production of the ATM/ANS equipment of the European Geostationary Navigation Overlay Service (EGNOS) shall be deemed to comply with the requirements of Annex II to this Regulation by demonstrating their compliance with Regulation (EU) 2021/696 and with the management, design and quality standards applicable to EGNOS under that Regulation. Such organisations shall not be required to be approved by the Agency. The European Union Agency for the Space Programme shall ensure in its role of a design or production organisation that the other organisations involved in the design or production of the equipment of EGNOS follow design and production processes resulting in the level of safety and interoperability equivalent to Annex II (Part-DPO.OR).

Implementing Regulation (EU) 2023/203 is amended as follows: (1) in Article 2(1), the following point (j) is added: ‘(j) approved organisations involved in the design or production of ATM/ANS systems and ATM/ANS constituents subject to Commission Implementing Regulation (EU) 2023/1769 . (2) in Article 6(1), the following point (h) is added: ‘(h) with regard to organisations referred to in Article 2(1), point (j), the competent authority designated in accordance with Article 3(1) of Implementing Regulation (EU) 2023/1769.’.

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.