ATM/ANS.OR.A.045 Changes to a functional system

(a)     A service provider planning a change to its functional system shall:

(1)     notify the competent authority of the change;

(2)     provide the competent authority, if requested, with any additional information that allows the competent authority to decide whether or not to review the argument for the change;

(3)     inform other service providers and, where feasible, aviation undertakings affected by the planned change.

(b)     Having notified a change, the service provider shall inform the competent authority whenever the information provided in accordance with points (a)(1) and (2) is materially modified, and the relevant service providers and aviation undertakings whenever the information provided in accordance with point (a)(3) is materially modified.

(c)      A service provider shall only allow the parts of the change, for which the activities required by the procedures referred to in point ATM/ANS.OR.B.010 have been completed, to enter into operational service.

(d)     If the change is subject to competent authority review in accordance with point ATM/ANS.AR.C.035, the service provider shall only allow the parts of the change for which the competent authority has approved the argument to enter into operational service.

(e)     When a change affects other service providers and/or aviation undertakings, as identified in point (a)(3), the service provider and these other service providers, in coordination, shall determine:

(1)     the dependencies with each other and, where feasible, with the affected aviation undertakings;

(2)     the assumptions and risk mitigations that relate to more than one service provider or aviation undertaking.

(f)      Those service providers affected by the assumptions and risk mitigations referred to in point (e)(2) shall only use, in their argument for the change, agreed and aligned assumptions and risk mitigations with each other and, where feasible, with aviation undertakings.

(g)     Before integrating ATM/ANS equipment into the functional system, the ATM/ANS provider shall ensure that:

(1)     new or modified ATM/ANS equipment is certified by the Agency in accordance with Delegated Regulation (EU) 2023/1768 and manufactured by an approved design or production organisation pursuant to Commission Implementing Regulation (EU) 2023/1769 ([36]); or

(2)     new or modified ATM/ANS equipment is declared by an approved design organisation pursuant to Delegated Regulation (EU) 2023/1768 and manufactured by an approved design or production organisation pursuant to Implementing Regulation (EU) 2023/1769; or

(3)     new or modified ATM/ANS equipment is issued with a statement of compliance in accordance with Article 6(1) of Delegated Regulation (EU) 2023/1768; or

(4)     when the ATM/ANS equipment is not subject to the conformity assessment under Delegated Regulation (EU) 2023/1768, the particular ATM/ANS equipment has been verified to comply with the applicable specifications and qualifications.

(h)     The ATM/ANS provider shall ensure that the ATM/ANS equipment has been verified to comply with the equipment manufacturer’s specifications, including installation and on-site test(s).

(i)      Before the ATM/ANS provider puts the ATM/ANS equipment into service, it shall ensure that the modified functional system integrating this ATM/ANS equipment meets all the applicable requirements and shall identify all deviations and limitations.

(j)      When the ATM/ANS provider puts the ATM/ANS equipment into service, it shall ensure that the ATM/ANS equipment, or the modified one, is deployed according to the conditions of use, as well as to any applicable limitations, and meets all the applicable requirements.