Article 45 - ATM/ANS systems and ATM/ANS constituents

• Regulation (EU) 2018/1139 found in: Basic Regulation EU 2018/1139 (Jan 2023)

##### Article 45 – ATM/ANS systems and ATM/ANS constituents Regulation (EU) 2018/1139 1. Where the delegated acts referred to in [Article 47](#_DxCrossRefBm1884563586) so provide, the providers of ATM/ANS referred to in [Article 41](#_DxCrossRefBm1884563578) shall be required to declare that the ATM/ANS systems and ATM/ANS constituents which are to be put into operation by those service providers comply with the detailed specifications established in accordance with the delegated acts referred to in [Article 47](#_DxCrossRefBm1884563586) adopted to ensure compliance with the essential requirements referred to in [Article 40](#_DxCrossRefBm1884563585). 2. Where the delegated acts referred to in [Article 47](#_DxCrossRefBm1884563586) so provide, ATM/ANS systems and ATM/ANS constituents shall be subject to certification and shall be issued with a certificate. That certificate shall be issued upon application, when the applicant has demonstrated that those systems and constituents comply with the detailed specifications established in accordance with the delegated acts referred to in [Article 47](#_DxCrossRefBm1884563586) adopted to ensure compliance with the essential requirements referred to in [Article 40](#_DxCrossRefBm1884563585). By way of derogation from the first subparagraph, where the delegated acts referred to in [Article 47](#_DxCrossRefBm1884563586) so provide, the organisation involved in the design, production or maintenance of ATM/ANS systems and ATM/ANS constituents shall be permitted to declare that those systems and constituents comply with the detailed specifications established in accordance with the delegated acts referred to in [Article 47](#_DxCrossRefBm1884563586) adopted to ensure compliance with the essential requirements referred to in [Article 40](#_DxCrossRefBm1884563585) and that those systems and constituents are suitable for use.