Article 4 · Commission Delegated Regulation (EU) 2023/1768

Contents

Article 4Certification of ATM/ANS equipment#

1.The following ATM/ANS equipment shall be issued with a certificate as set out in Annex II:

(a)equipment supporting controller–pilot communications;

(b)equipment supporting air traffic control (ATC) services when enabling the separation of aircraft or the prevention of collisions.

2.The certificate referred to in paragraph 1 shall be issued by the Agency.

3.The certificate referred to in paragraph 1 shall be issued for an unlimited duration. It shall remain valid indefinitely except where:

(a)the certificate holder no longer complies with the requirements of this Regulation; or

(b)as regards ATM/ANS equipment, there is no valid organisation approval issued by the Agency in accordance with Implementing Regulation (EU) 2023/1769; or

(c)the ATM/ANS equipment no longer complies with its certification basis in accordance with point ATM/ANS.EQMT.CERT.025 of Annex II; or

(d)the certificate has been surrendered by its holder or revoked by the Agency.

Upon surrender or revocation of the certificate, if issued in a paper format, it shall be returned to the Agency without delay.

4.By way of derogation from paragraph 1, ATM/ANS equipment that is solely being used in a limited part of airspace outside of the ICAO EUR region with low traffic volume, and where that part of the airspace borders only with airspace under the responsibility of a third country, shall not be required to be issued with a certificate. In such a case, the ATM/ANS equipment shall be issued with a statement of compliance in accordance with Article 6.