Commission Implementing Regulation (EU) 2026/2031

Contents

THE EUROPEAN COMMISSION,Having regard to the Treaty on the Functioning of the European Union,Having regard to Regulation (EU) 2018/1139 of the European Parliament and of the Council of 4 July 2018 on common rules in the field of civil aviation and establishing a European Union Aviation Safety Agency, and amending Regulations (EC) No 2111/2005, (EC) No 1008/2008, (EU) No 996/2010, (EU) No 376/2014 and Directives 2014/30/EU and 2014/53/EU of the European Parliament and of the Council, and repealing Regulations (EC) No 552/2004 and (EC) No 216/2008 of the European Parliament and of the Council and Council Regulation (EEC) No 3922/91^note, and in particular Article 43(1), points (a), (b) and (bb), and Article 62(14), point (a), thereof,Whereas:

(1)Commission Implementing Regulation (EU) 2017/373^note lays down common requirements for the provision of air traffic management and air navigation services (‘ATM/ANS’) and other air traffic management network functions for general air traffic and their oversight.

(2)Regulation (EU) 2024/2803 of the European Parliament and of the Council^note has introduced new conditions for service provision by air navigation service providers.

(3)In order to provide services to another air navigation service provider, a service provider is to be certified or have declared its capability in accordance with Article 41 of Regulation (EU) 2018/1139, as provided for in Article 9 of Regulation (EU) 2024/2803.

(4)Implementing Regulation (EU) 2017/373 lays down the common requirements for ATM/ANS service providers to be granted a certificate and to be entitled to exercise the privileges granted within the scope of that certificate. It is necessary to specify how those requirements interplay with the provisions of Implementing Regulation (EU) 2017/373 related to contracted activities by non-certified organisations monitored by the certified service provider, in order to ensure that they are aligned with the requirements for service provision laid down in Regulation (EU) 2024/2803.

(5)Specifically, all air navigation service providers should be required to hold a certificate or a valid declaration pursuant to Article 41 of Regulation (EU) 2018/1139 without prejudice to Article 7(4) of Regulation (EU) 2024/2803. Therefore, the possibility to contract activities to non-certified organisations should be limited to ancillary activities, which are not air navigation services, and should not lead to situations where essential activities falling under the definition of the service provided by the certified air navigation service provider is carried out by a non-certified organisation.

(6)The requirements for contracted activities should be supplemented by requirements applicable for service providers that use personnel or equipment provided by an external organisation. Such requirements should ensure that those resources are effectively integrated into the service provider’s functional and management systems, and that the service provider maintains operational control and remains responsible for the related activities. Moreover, a formal contract should be concluded between the service provider and the organisation providing such resources.

(7)The measures provided for in this Regulation are based on Opinion No 03/2025 of the European Union Aviation Safety Agency in accordance with Article 75(2), points (b) and (c), and Article 76(1) of Regulation (EU) 2018/1139.

(8)The measures provided for in this Regulation are in accordance with the opinion of the committee established by Article 127 of Regulation (EU) 2018/1139,

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