Article 2 Definitions

For the purposes of this Regulation, the definitions in Annex I and the following definitions shall apply:

(1)     the definitions in Article 2 of Regulation (EC) No 549/2004 and Article 3 of Regulation (EC) No 216/2008, except for the definition of ‘certificate’ in Article 2(15) of Regulation (EC) No 549/2004;

(2)     ‘ATM/ANS provider’ means any legal or natural person providing any of the ATM/ANS as defined in Article 3 (5) of Regulation (EU) 2018/1139, either individually or bundled, for general air traffic;

(3)     ‘Network Manager’ means the body entrusted with the tasks necessary for the execution of the functions referred to in Article 6 of Regulation (EC) No 551/2004;

(4)     ‘pan-European service’ means an activity which is designed and established for users within most or all Member States and which may also extend beyond the airspace of the territory to which the Treaty applies;

(5)     ‘data services provider (DAT provider)’ means an organisation, which is:

(a)      type 1 DAT provider that processes aeronautical data for use on aircraft and provides an aeronautical database meeting the DQRs, under controlled conditions, for which no corresponding airborne application/equipment compatibility has been determined;

(b)     type 2 DAT provider that processes aeronautical data and provides an aeronautical database for use on certified aircraft application/equipment meeting the DQRs for which compatibility with that application/equipment has been determined.

(6)     ‘design of airspace structures’ means a process that ensures that airspace structures are properly designed, surveyed and validated before they are deployed and used by aircraft;

(7)     ‘airborne collision avoidance system (ACAS)’ means an aircraft system based on  secondary surveillance radar (SSR) transponder signals which operates independently of ground-based equipment to provide advice to the pilot on potential conflicting aircraft that are equipped with SSR transponders;

(8)     ‘entity originating aeronautical data and aeronautical information’ – means any public or private entity responsible for origination of aeronautical data and aeronautical information used as a source for aeronautical information products and services. These entities do not include ATM/ANS providers referred to in point (2) of Article 2 of this Regulation and aerodromes defined in point (1)(e) of Article 2 of Regulation(EU) 2018/1139.’

(9)     ‘Mode S interrogator’ means a system, composed of antenna and electronics, which supports the addressing of individual aircraft through the Mode Select (“Mode S”);

(10)   ‘eligible Mode S interrogator’ means a Mode S interrogator for which at least one of the following conditions is satisfied:

(a)      the interrogator relies, at least partly, on Mode S all call interrogations and replies for Mode S targets acquisition;

(b)     the interrogator locks out acquired Mode S targets in reply to Mode S all call interrogations, permanently or intermittently, in part or the totality of its coverage; or

(c)      the interrogator uses multisite communications protocols for data link applications;

(11)   ‘Mode S operator’ means a person, organisation or enterprise that operates or offers to operate a Mode S interrogator, including:

(a)      surveillance service providers;

(b)     Mode S interrogator manufacturers;

(c)      aerodrome operators;

(d)     research establishments;

(e)     any other entity entitled to operate a Mode S interrogator;

(12)   ‘harmful interference’ means interference that prevents the performance requirements from being achieved;

(13)   ‘interrogator code allocation plan’ means the most recently approved complete set of interrogator code allocations.