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Amendments to Regulation (EU) 2018/1139 Regulation (EU) 2018/1139 is amended as follows:

(1) Article 2 is amended as follows:

(a) point (h) of paragraph 1 is replaced by the following: ‘(h) Without prejudice to Regulation (EU) 2024/2803 of the European Parliament and of the Council and the responsibilities of Member States with regard to airspace under their jurisdiction, the design of airspace structures in the Single European Sky airspace. Regulation (EU) 2024/2803 of the European Parliament and of the Council of 23 October 2024 on the implementation of the Single European Sky ()’;" (b) paragraph 5 is replaced by the following: ‘5. Without prejudice to national security and defence requirements, and Article 1(2) of Regulation (EU) 2024/2803, Member States shall ensure that:

(a) the facilities referred to in point (b) of the first subparagraph of paragraph 3 of this Article that are open to public use; and (b) the ATM/ANS referred to in point (c) of the first subparagraph of paragraph 3 of this Article that are provided to air traffic to which Regulation (EU) 2024/2803 applies, offer a level of safety and interoperability with civil systems that is as effective as that resulting from the application of the essential requirements set out in Annexes VII and VIII to this Regulation.’ ;

(2) in Article 3 is amended as follows:

(a) point (5) is replaced by the following: ‘(5) “ATM/ANS” means air traffic management as defined in point (9) of Article 2 of Regulation (EU) 2024/2803 and air navigation services as defined in point (5) of Article 2 of that Regulation, as well as the network functions referred to in Article 37 of that Regulation and services consisting in the origination and processing of data and in the formatting and delivering of data to general air traffic for the purpose of air navigation;’ ;

(b) points (33) and (34) are replaced by the following: ‘(33) “Single European Sky airspace” means airspace above the territory to which the Treaties apply, as well as any other airspace where Member States apply Regulation (EU) 2024/2803 in accordance with Article 1(4) of that Regulation;

(34) “national competent authority” means one or more entities designated by a Member State and having the necessary powers and allocated responsibilities for performing the tasks related to certification, oversight and enforcement in accordance with this Regulation and with the delegated and implementing acts adopted on the basis thereof;’ ;

(3) in Article 41 the following paragraph is inserted: ‘3a. The certificate referred to in paragraph 1 of this Article may be subject to objectively justified, non-discriminatory, proportionate and transparent conditions. These conditions may, as appropriate, be related to:

(a) ring-fencing or restriction of operations of services other than those related to the provision of air navigations services;

(b) contracts, agreements or other arrangements between the provider of ATM/ANS and a third party and which concern the services;

(c) the provision of information reasonably required for the verification of the requirements for the certificate set out in this Article; and (d) any other legal conditions which are not specific to air navigation services, such as conditions relating to the suspension or revocation of the certificate.’ ;

(5) Article 62 is amended as follows:

(a) the following paragraph is added: ‘2a. Without prejudice to Article 5(1), second subparagraph, of Regulation (EU) 2024/2803, for the purpose of performing their tasks of certification, oversight and enforcement in relation with the essential requirements listed in point 7 of Annex VIII of this Regulation, the competent authorities shall rely on the assessments made by the national supervisory authority referred to in Article 4 of that Regulation when carrying out its tasks under Article 7(3) of that Regulation.’ ;

(b) point (a) of paragraph 14 is replaced by the following: ‘(a) the rules and procedures for conducting certification and for conducting the investigations, inspections, audits and other monitoring activities necessary to ensure effective oversight by the national competent authority of the natural and legal persons, products, parts, equipment, ATM/ANS systems and ATM/ANS constituents, flight simulation training devices and aerodromes subject to this Regulation and the rules and procedures for the assessment and the oversight of compliance of the providers of ATM/ANS with the essential requirements listed in point 7 of Annex VIII of this Regulation by the national supervisory authority referred to in Article 4 of Regulation (EU) 2024/2803 without prejudice to Article 5(1) of that Regulation;’ ;

(6) Article 93 is replaced by the following: ‘Article 93 Implementation of the Single European Sky The Agency shall, where it has the relevant expertise and upon request, provide technical assistance to the Commission, in the implementation of the Single European Sky, in particular by:

(a) conducting technical inspections, technical investigations, and studies;

(b) contributing in matters covered by this Regulation, in cooperation with the Performance Review Board (PRB) referred to in Article 13 of Regulation (EU) 2024/2803, to the implementation of a performance scheme for air navigation services and network functions;

(c) contributing to the implementation of the European ATM Master Plan, including the development and deployment of the SESAR project.’ ;

(7) Annex VIII is amended as follows:

(a) the following point is inserted: ‘2.3a. Air traffic data services 2.3a.1. The air traffic data collected shall be of sufficient quality, complete, current, from a legitimate source and provided in a timely manner. 2.3a.2. The air traffic data services shall achieve and maintain sufficient performance with regard to their availability, integrity, continuity and timeliness to meet the user’s needs. 2.3a.3. The systems and tools providing air traffic data services shall be properly designed, produced and maintained to ensure that they are fit for their intended purpose. 2.3a.4. The dissemination of such data shall be timely and use sufficiently reliable and expeditious means of communication protected from intentional and unintentional interference and corruption.’ ;

(b) point 2.8 is replaced by the following: ‘2.8. Airspace management The designation of specific volumes of airspace for a certain use shall be monitored, coordinated and promulgated in a timely manner in order to reduce the risk of loss of separation between aircraft in all circumstances. Taking into account the organisation of military activities and related aspects under the responsibility of the Member States, airspace management shall also support the uniform application of the concept of the flexible use of airspace as described by the ICAO and as implemented under Regulation (EU) 2024/2803, in order to facilitate airspace management and air traffic management in the context of the common transport policy.’ ;

(c) point (c) of point 5.1 is replaced by the following: ‘(c) as appropriate for the type of activity undertaken and the size of the organisation, the service provider shall implement and maintain a management system to ensure compliance with the essential requirements set out in this Annex, manage safety and security risks and aim for continuous improvement of this system;’ ;

(d) the following point is added: ‘7. FINANCIAL ROBUSTNESS, LIABILITY, INSURANCE COVER REQUIREMENTS, OWNERSHIP AND ORGANISATIONAL STRUCTURE Providers of ATM/ANS shall, in view of ensuring a safe and continuous service provision:

(a) demonstrate sufficient financial robustness;

(b) have obtained appropriate liability and insurance cover, taking into account their legal status and the level of commercial insurance cover available; and (c) comply with applicable requirements on ownership and organisational structure in view of preventing of conflicts of interest to ensure a non-discriminatory service provision.’.

(4) Article 43 is replaced by the following: ‘Article 43 Implementing acts as regards ATM/ANS providers and organisations involved in the design, production or maintenance of ATM/ANS systems and ATM/ANS constituents 1. In order to ensure the uniform implementation of and compliance with the essential requirements referred to in Article 40 for the provision of ATM/ANS referred to in point (g) of Article 2(1), the Commission shall, on the basis of the principles set out in Article 4 and with a view to achieving the objectives set out in Article 1, adopt implementing acts laying down detailed provisions concerning:

(a) the specific rules and procedures for the provision of ATM/ANS in compliance with the essential requirements referred to in Article 40, including the establishment and implementation of the contingency plan in accordance with point 5.1(f) of Annex VIII;

(b) the rules and procedures for issuing, maintaining, amending, limiting, suspending or revoking the certificates referred to in Article 41(1);

(bb) the conditions referred to in Article 41(3a);

(c) the rules and procedures for the declaration by providers of flight information services referred to in Article 41(5), and for the situations in which such declarations are to be permitted;

(d) the rules and procedures for issuing, maintaining, amending, limiting, suspending or revoking the certificates referred to in point (b) of Article 42(1), and for the situations in which such certificates are to be required;

(e) the rules and procedures for the declaration by organisations referred to in point (a) of Article 42(1), and for the situations in which such declarations are to be required;

(f) the privileges and responsibilities of the holders of certificates referred to in Article 41(1) and point (b) of 42(1) and of organisations making declarations in accordance with Article 41(5) and point (a) of Article 42(1). Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 127(3)

2. The rules referred to in paragraph 1 shall take due account of the European ATM Master Plan 3. When adopting those implementing acts, the Commission shall ensure compliance with the essential requirements referred to in Article 40 of this Regulation and shall take due account of the international standards and recommended practices, in particular those set out in Annexes 2 to 4, 10, 11 and 15 to the Chicago Convention.’ ;