ATM/ANS.AR.C.005
Certification, declaration, and verification of service providers' compliance
with the requirements
Regulation
(EU) 2023/1771
(a) Within the scope of point ATM/ANS.AR.B.001(a)(1), the competent authority shall establish a process in order to verify:
(1) service providers’ compliance with the applicable requirements set out in Annexes III to XIII, and any applicable conditions attached to the certificate before the issue of that certificate. The certificate shall be issued in accordance with Appendix 1 to this Annex;
(2) the
compliance with any safety-related obligations in the designation act issued
in accordance with Article 8 of Regulation
(EC) No 550/2004;
(3) the
continued compliance with the applicable requirements of the service providers
under its oversight;
(4) the implementation of safety, security and
interoperability objectives, applicable requirements and other conditions
identified in the statement of compliance for ATM/ANS equipment; technical and
performance limitations and conditions identified in ATM/ANS equipment
certificates and/or ATM/ANS equipment declarations; and of safety measures,
including ATM/ANS equipment directives mandated by the Agency in accordance
with point ATM/ANS.EQMT.AR.A.030 of Annex I to Delegated Regulation (EU) 2023/
1768;
(5) the implementation of safety directives,
corrective actions and enforcement measures.
(b) The process referred to in point (a)
shall:
(1) be based on documented procedures;
(2) be supported by documentation specifically
intended to provide its personnel with guidance to perform their tasks related
to certification, oversight and enforcement;
(3) provide the organisation concerned with an
indication of the results of the certification, oversight and enforcement
activity;
(4) be based on audits, reviews and
inspections conducted by the competent authority;
(5) with regard to certified
service providers, provide the competent authority with the evidence needed to
support further action, including measures referred to in Article 9 of Regulation
(EC) No 549/2004, Article 7(7) of Regulation (EC) No 550/2004, and by
Articles 10, 25, and 68 of Regulation
(EC) No 216/2008 in situations where requirements are not complied with;
(6) with regard to service providers making
declarations, provide the competent authority with the evidence to take, if
appropriate, remedial action which may include enforcement actions, including,
where appropriate, under national law.
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