Article 4 — Certification of ATM/ANS equipment
Regulation (EU) 2023/1768
1. The following ATM/ANS equipment shall be issued with a certificate as set out in Annex II:
(a) equipment supporting controller–pilot communications;
(b) equipment supporting air traffic control (ATC) services when enabling the separation of aircraft or the prevention of collisions.
2. The certificate referred to in paragraph 1 shall be issued by the Agency.
3. The certificate referred to in paragraph 1 shall be issued for an unlimited duration. It shall remain valid indefinitely except where:
(a) the certificate holder no longer complies with the requirements of this Regulation; or
(b) as regards ATM/ANS equipment, there is no valid organisation approval issued by the Agency in accordance with Implementing Regulation (EU) 2023/1769; or
(c) the ATM/ANS equipment no longer complies with its certification basis in accordance with point ATM/ANS.EQMT.CERT.025 of Annex II; or
(d) the certificate has been surrendered by its holder or revoked by the Agency.
Upon surrender or revocation of the certificate, if issued in a paper format, it shall be returned to the Agency without delay.
4. By way of derogation from paragraph 1, ATM/ANS equipment that is solely being used in a limited part of airspace outside of the ICAO EUR region with low traffic volume, and where that part of the airspace borders only with airspace under the responsibility of a third country, shall not be required to be issued with a certificate. In such a case, the ATM/ANS equipment shall be issued with a statement of compliance in accordance with Article 6.
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