Article 3 Provision of ATM/ANS and design of airspace structures

1.       Member States shall ensure that the appropriate ATM/ANS are provided and airspace structures are designed in accordance with this Regulation in a manner that facilitates general air traffic, while taking into account safety considerations, traffic requirements and environmental impact.

2.       When Member States adopt additional provisions to complement this Regulation on any matters left to the Member States under this Regulation, those provisions shall follow the standards and recommended practices set by the Chicago Convention. Where use is made of the provisions of Article 38 of the Chicago Convention, in addition to notifying the International Civil Aviation Organisation, the Member States shall notify the European Aviation Safety Agency (‘Agency’), with due justification, at the latest two months after the additional provisions have been adopted.

3.       Member States shall publish, in accordance with the Chicago Convention, those additional provisions through their aeronautical information publications.

4.       Where a Member State decides to organise the provision of certain specific air traffic services in a competitive environment, that Member State shall take all appropriate measures to ensure that the providers of those services shall neither engage in conduct that would have as its object or effect the prevention, restriction or distortion of competition, nor shall they engage in conduct that amounts to an abuse of a dominant position, in accordance with applicable Union and national law.

5.       Member States shall ensure that:

(a)      entities originating aeronautical data or aeronautical information meet the requirements laid down in:

(i)      point ATM/ANS.OR.A.085 of Annex III, except those in points (c), (d), (f)(1) and (i) thereof;

(ii)     point ATM/ANS.OR.A.090 of Annex III;

(b)     aeronautical data and aeronautical information are originated, processed and transmitted by adequately trained, competent and authorised personnel. When aeronautical data or aeronautical information is intended to be used for the purpose of IFR or special VFR flights, the requirements referred to in letters (a) and (b) of the first subparagraph shall apply to all entities originating such data and information.

6.       Where it is determined that air traffic services are to be provided in particular portions of the airspace or at particular aerodromes, Member States shall ensure that those portions of the airspace or those aerodromes are specified in relation to the air traffic services that are to be provided.

6a.     Member States shall ensure that the use of a ground-based transmitter operated in their territory does not produce harmful interference on other surveillance systems.

7.       Member States shall ensure that appropriate arrangements between the relevant ATM/ANS providers and aircraft operators are established for the adequate coordination of activities and services provided as well as for the exchange of relevant data and information.

8.       Member States shall identify the persons or organisations, which are responsible for the design of airspace structures and shall ensure that those persons or organisations apply the requirements laid down in Appendix 1 to Annex XI (Part-FPD).

9.       Member States shall ensure that maintenance and periodic review of flight procedures for aerodromes and airspace under their authority are conducted. For that purpose, Member States shall identify the persons or organisations, which are responsible for those tasks and shall ensure that the persons or organisations comply with the requirements laid down in Article 6, points (a) and (k).