Tel: +47 75585000
Fax: +47 75585005
AFTN: ENCAYAYA
E-post: postmottak@caa.no
NORWAY
Civil Aviation Authority
- Norway -
P.O. Box 243
NO-8001 BODØ
AIC-I
03/09
12 JUN

New process, replacing technical and operational approval and introducing requirements on acceptance of safety related changes within the Air Traffic Services, due to common European regulations

Background

For approving a new system or changes to an existing approved system, the Civil Aviation Authority (CAA) has until now employed Regulation 3 December 2002 No 1342 on Air Navigation Services (ANS) (BSL G 6-1)”. CAA has focused on CNS equipment, cfr BSL G 6-1 section V.

Regulation 26 January 2007 No 99 establishing the framework for a single European sky (BSL G 1-1) came into force 1 February 2007. This Regulation implements the essential regulatory elements to be developed in order to achieve a seamless European Air Traffic Management System. One of these elements being the Interoperability of the European Air Traffic Management Network (Regulation (EC) No 552/2004 of 10 March 2004 on the interoperability of the European Air Traffic Management network (the interoperability Regulation). Furthermore, implementing rules for interoperability will consecutively be introduced as Norwegian Law by inclusion in the BSL G regulations, (following incorporation in the Agreement on the European Economic Area (EEA)).

The process for Change Management within ANS is also regulated by Regulation 1 February 2007 No 114 common requirements for the provision of air traffic services (BSL G 2-2), see in particular Regulation (EC) No 2096/2005 Annex II chapter 3.2. Article 5 requires that the air navigation service providers (ANSP) notify the National Supervisory Authority (NSA) of the planned change.

CAA Norway is governed by Regulation 22 July 2008 No 829 which implements Regulation (EC) No 1315/2007 on safety oversight in air traffic management (ATM). The Regulation requires, i.a. that the procedures for safety related changes undergo acceptance by the CAA.

The new process

CAA Norway is currently finalising a revision of BSL G 6-1. Among other changes, technical and operational approval of CNS equipment will cease and be replaced by Change Management following the Regulations (EC) 552/2004 and 2096/2005.

Technical approval will be replaced by the ANSP being considerably more involved in the procurement process, ensuring that sufficient documentation is gathered from the manufacturers to prove that the constituents fulfil all applicable requirements. This means that the ANSP is made responsible for provision of documentation from the manufacturer similar to what up to now has been the basis for technical approval.

Operational approval from CAA Norway will be replaced by the ANSP providing EC Declaration of Verification and Technical File for the system (Regulation (EC) No 552/2004 Annex IV) to CAA Norway. CAA Norway will in defined cases review the safety related documentation provided. Whenever this is required, the ANSP will be informed and the system cannot be put in operation until a change notification from the CAA have been provided.

So far CAA Norway has enforced requirements related to equipment changes (based on BSL G 6-1). BSL G 2-2 (Common Requirements) requires that “a certified air navigation service provider shall notify the national supervisory authority of planned changes to its provision of services which may affect its compliance with the applicable common requirements or with the conditions attached to the certificate. Regulation (EC) No 1315/2007 requires that “organisations shall notify their national supervisory authority of all planned safety related changes”. This means that CAA Norway in addition to the equipment (constituent) related changes also shall be informed of changes related to human resources and procedures, in cases where these changes are safety related. These changes will also in defined cases be subject to acceptance by CAA Norway before being introduced.

CAA Norway is currently working on guidance material for the above described processes. The guidance material will be put on our web pages, www.luftfartstilsynet.no. Until this material is made available, more information can be provided by contacting CAA Norway, ANS Section (postmottak@caa.no).

Summary

As of June 10th 2009, CAA Norway does no longer give technical nor operational approval for equipment according to BSL G 6-1. The ANSP shall from this time on, before putting the changes into service, follow Regulation (EC) No 552/2004. In addition, when introducing safety related changes for human resources or procedures, CAA Norway shall be informed before the change can take place.

As a result of this, some procedures within the ANSPs Safety Management System needs alteration. The revised ANSP procedures are subject to acceptance from CAA Norway.

In a transition period till April 20th 2011, CAA Norway will accept that the ANSPs can base their documentation on already achieved technical approvals in Norway for the constituents, instead of providing an EC declaration of conformity or EC declaration of suitability for use from the manufacturers.