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5. SERVICE PROVIDERS AND TRAINING ORGANISATIONS

Text with EEA relevance.

5.1. Service provision shall not be undertaken unless the following conditions are met: the service provider shall have directly or through agreements with third parties the means necessary for the scale and scope of the service. Those means shall comprise but are not limited to the following: systems, facilities, including power supply, management structure, personnel, equipment and its maintenance, documentation of tasks, responsibilities and procedures, access to relevant data and record-keeping; the service provider shall develop and keep up-to-date management and operations manuals relating to the provision of its services and operate in accordance with those manuals. Such manuals shall contain all necessary instructions, information and procedures for the operations, the management system and for operations personnel to perform their duties; 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 risks and aim for continuous improvement of this system; the service provider shall use only suitably qualified and trained personnel and implement and maintain training and checking programmes for the personnel; the service provider shall establish formal interfaces with all stakeholders which may influence directly the safety of their services to ensure compliance with the essential requirements set out in this Annex; the service provider shall establish and implement a contingency plan covering emergency and abnormal situations that may occur in relation to its services, including in the case of events which result in significant degradation or interruption of its operations; the service provider shall establish an occurrence reporting system as part of the management system under point (c) in order to contribute to the aim of continuous improvement of safety. The occurrence reporting system shall be compliant with the applicable Union law; and the service provider shall make arrangements to verify that the safety performance requirements of any system and constituent they operate are met at any time. 5.2. ATC service provision shall not be undertaken unless the following conditions are met: the prevention of fatigue of personnel providing an ATC service shall be managed through a rostering system. Such a rostering system needs to address duty periods, duty time and adapted rest periods. Limitations established within the rostering system shall take into account relevant factors contributing to fatigue such as, in particular, sleep deprivation, disruption of circadian cycles, night hours, cumulative duty time for given periods of time and also the sharing of allocated tasks between personnel; the prevention of stress of personnel providing an ATC service shall be managed through education and prevention programmes; the ATC service provider shall have in place procedures to verify that the cognitive judgement of personnel providing ATC services is not impaired or their medical fitness insufficient; and the ATC service provider shall take into account operational and technical constraints as well as human factor principles in its planning and operations. 5.3. Communication, navigation and/or surveillance service provision shall not be undertaken unless the following condition is met: The service provider shall keep relevant airspace users and ATS units informed on a timely basis of the operational status (and changes thereof) of their services provided for ATS purposes. A training organisation providing training for personnel providing an ATC service shall meet the following requirements: have all the means necessary for the scope of responsibilities associated with their activity. Those means comprise, but are not limited to, the following: facilities, personnel, equipment, methodology, documentation of tasks, responsibilities and procedures, access to relevant data and record-keeping; as appropriate for the training provided and the size of the organisation, shall implement and maintain a management system to ensure compliance with the essential requirements set out in this Annex, manage safety risks, including risks related to deterioration in the standard of training, and aim for continuous improvement of this system; and establish arrangements with other relevant organisations, as necessary, to ensure continuing compliance with the essential requirements set out in this Annex.

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Source: EUR-Lex (Cellar) · retrieved 2026-10-12 · Text as adopted (Official Journal); later amendments are not incorporated in this text.