CAP670 Air Traffic Services for ATM Regulatory Compliance and Interoperability

Closed 18 Aug 2023

Opened 13 Jul 2023

Contact

CNS Policy Team

cnsconsultations@caa.co.uk

Feedback updated 8 Feb 2024

We asked

The CAA consulted on an interim arrangement to continue to require ANSPs to provide documented evidence to demonstrate compliance with regulations and means of compliance associated with Air Traffic Services systems and constituents. The CAA proposed to update CAP 670 ‘Air Traffic Services Safety Requirements’ with a new section requesting ANSPs to provide this evidence.

You said

The CAA received one response to the consultation, with 5 comments.  The respondent did not request changes to the proposed means of compliance to be published in the CAP but requested further guidance to provide clarity and enable compliance, and proposed changes to the associated template forms.

We did

The CAA has published a Consultation Response Document that sets out each comment and includes our response. The guidance and template forms have been updated and the change to the CAP has been initially published as a Supplementary Amendment.

In the longer term the CAA will establish a new Regulatory Framework for the demonstration of compliance and approval/certification of ATS system and constituents, which will be subject to further consultation.

Overview

Regulation (EU) 552/2004 (the Interoperability Regulation) is repealed in full on 12 September 2023.  The CAA is consulting on an interim arrangement to continue to require ANSPs to provide documented evidence to demonstrate compliance with other Interoperability Regulations as listed in the associated consultation documents, ICAO Annexes, the Basic Regulation Essential Requirements, and other existing Means of Compliance in CAP 670, as part of the Air Navigation Order Article 205 approval process.

Currently a Technical File, Declarations of Verification and manufacturer Declarations of Suitability for Use are required under Regulations (EU) 552/2004. Broadly, the CAA proposes that the documentation stakeholders are required to provide will remain similar as that used prior to September 2023, however, declarations will no longer be used, rather it is proposed that new forms will be used to record verification activities and to summarise manufacturer evidence of compliance.

To achieve the policy objective and provide clarity to stakeholders how they should demonstrate compliance with the relevant regulations and relevant Articles of the ANO  the CAA proposes to add a new section to CAP 670 Part B, ‘APP 05 Regulatory Compliance and Interoperability’, including Means of Compliance requesting ANSPs to provide this documentation. Updated guidance will also be provided on the CAA Website. Subject to consultation, the proposed changes to CAP 670 will be initially introduced as a Supplementary Amendment.

In the longer term the CAA intends to establish a new regulatory framework for ATM interoperability, taking into account international developments in this area.  The new UK regulatory framework will be subject to separate consultation.

What is AMC and GM?

For existing UK national law (i.e. the ANO and the Regulations published under the powers in the ANO) the criteria the CAA will use for determining whether a requirement in the law has been met will be published in CAPs.

AMC are means by which the requirements in the Implementing Rule and the Essential Requirements of the Basic Regulation to which it relates, can be met; However, entities may show compliance by other means.

Guidance is non-binding and provides explanatory and interpretation material on how to achieve the requirements in the law. It contains information, including examples, to assist the applicant with the interpretation of the legislative provisions.

This consultation

This CAP consultation relates to (1) a Supplementary Amendment to CAP 670 ‘Air Traffic Services Safety Requirements’ and (2) new Means of Compliance entitled Introduction of a new Section APP 05 Regulatory Compliance and Interoperability

Other information such as the CAA Website guidance, templates and forms are provided for information but not subject to the subject of this consultation. However consultees may identify where they consider further guidance is necessary at anytime.

Why your views matter

It is important to the CAA that the everyone has an opportunity to voice their opinion on matters that could affect them. For this reason we are asking for comments on this CAP document.

We welcome comments from every sector of the community. This includes the general public, government agencies and all sectors of the aviation industry, whether as an aviator, aviation consumer and/or provider of related products and services.

How to respond

Responses to this consultation can be submitted by no later than 18 August 2023 (or sooner if uploaded earlier)

If you wish to provide feedback please use the online survey.

What happens next

At the end of the response period, we will review and publish each comment and submission received.

Your feedback will be used to refine the CAP and guidance and guide the development of the regulatory changes.

Audiences

  • Air Navigation Service Providers
  • Air traffic control staff

Interests

  • Air Traffic Control