# Commission Implementing Regulation (EU) 2017/373 of 1 March 2017 laying down common requirements for providers of air traffic management/air navigation services and other air traffic management network functions and their oversight, repealing Regulation (EC) No 482/2008, Implementing Regulations (EU) No 1034/2011, (EU) No 1035/2011 and (EU) 2016/1377 and amending Regulation (EU) No 677/2011 (Text with EEA relevance), Article 3: Provision of ATM/ANS and ATM network functions

Extent: E+W+S+N.I.

1. The Secretary of State shall ensure that the appropriate ATM/ANS and ATM network functions are provided in accordance with this Regulation in a manner that facilitates general air traffic, while taking into account safety considerations and traffic requirements.
2. When the Secretary of State adopts additional provisions to complement this Regulation..., those provisions shall follow the standards and recommended practices set by the Chicago Convention. Where use is made of the provisions of Article 38 of the Chicago Convention, the Secretary of State shall notify the International Civil Aviation Organisation..., with due justification, at the latest two months after the additional provisions have been adopted.
3. The CAA shall publish, in accordance with the Chicago Convention, those additional provisions through its aeronautical information publications.
4. Where the Secretary of State decides to organise the provision of certain specific air traffic services in a competitive environment, he or she shall take all appropriate measures to ensure that the providers of those services shall neither engage in conduct that would have as its object or effect the prevention, restriction or distortion of competition, nor shall they engage in conduct that amounts to an abuse of a dominant position, in accordance with applicable ... law.
(5.) Organisations other than an ATM/ANS provider referred to in point (2) of Article 2 of this Regulation or aerodrome operators regulated by Regulation (EU) No 139/2014, when originating, processing or transmitting aeronautical data or aeronautical information intended for use in IFR traffic, shall meet the requirements laid down in:
(a) point ATM/ANS.OR.A.085 of Annex 3, except points (c), (d) and (f)(1) and (i);
(b) point ATM/ANS.OR.A.090 of Annex 3.
Such organisations shall ensure that aeronautical data and aeronautical information are originated, processed and transmitted by adequately trained, competent and authorised personnel.

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Source: https://www.legislation.gov.uk/eur/2017/373/article/3 (the official version)
Page: https://openlegislation.uk/eu-regulation-2017-373/article-3
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.