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ATM/ANS.EQMT.AR.B.020 Initial oversight investigation of declaration of design compliance of ATM/ANS equipment

Regulation (EU) 2023/1768

(a)       Upon receiving a declaration of design compliance of the ATM/ANS equipment from an organisation involved in the design or production of ATM/ANS equipment and approved by the Agency in accordance with Implementing Regulation (EU) 2023/1769, the Agency shall verify that the following is complied with:

(1)       the declarant has the privilege to declare design compliance in accordance with point ATM/ANS.EQMT.DEC.005;

(2)       the declaration contains all the information listed in point ATM/ANS.EQMT.DEC.010;

(3)       the declaration does not contain information that indicates a non-compliance with the applicable requirements of Annex III and no feature or characteristic has been identified that may render the ATM/ANS equipment unsafe for the intended use.

(b)       The declaration of design compliance of the ATM/ANS equipment shall include the operating limitations, the data sheet for continued suitability, the applicable detailed specifications with which the organisation has demonstrated compliance, and any other conditions or limitations set out in the applicable detailed specifications and special conditions.

(c)       If the declaration is not consistent with the organisation’s privileges or contains information that indicates non- compliance with the applicable detailed specifications and special conditions, the Agency shall notify the organisation concerned about the non-compliance and request further information, corrective actions, and evidence thereof.

(d)       If the requirements in points (a) and (b) are met, the Agency shall acknowledge the receipt of the declaration.