# Regulation (EU) 2018/1139 of the European Parliament and of the Council of 4 July 2018 on common rules in the field of civil aviation and establishing a European Union Aviation Safety Agency, and amending Regulations (EC) No 2111/2005, (EC) No 1008/2008, (EU) No 996/2010, (EU) No 376/2014 and Directives 2014/30/EU and 2014/53/EU of the European Parliament and of the Council, and repealing Regulations (EC) No 552/2004 and (EC) No 216/2008 of the European Parliament and of the Council and Council Regulation (EEC) No 3922/91 (Text with EEA relevance), Article 41: ATM/ANS providers

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

1. Providers of ATM/ANS shall be required to hold a certificate.
2. The certificate referred to in paragraph 1 of this Article shall be issued upon application, when the applicant has demonstrated that it complies with regulations made under Article 43 adopted to ensure compliance with the essential requirements referred to in Article 40.
3. The certificate referred to in paragraph 1 of this Article shall specify the privileges granted. That certificate may be amended to add or remove privileges, in accordance with regulations made under point (b) of the first subparagraph of Article 43(1).
4. The certificate referred to in paragraph 1 of this Article may be limited, suspended or revoked when the holder no longer complies with the rules and procedures for issuing and maintaining such certificate, in accordance with regulations made under point (b) of the first subparagraph of Article 43(1).
5. By way of derogation from paragraph 1 of this Article, in accordance with regulations made under Article 43, the CAA may decide that providers of flight information services are to be allowed to declare their capability, and the availability to them of the means, to discharge the responsibilities associated with the services provided in compliance with the essential requirements referred to in Article 40. ...
6. By way of derogation from paragraph 1, the CAA may grant exemptions to providers of ATM/ANS from the requirement to hold a certificate, where all of the following conditions have been met:
(a) the provider has its principal place of business located outside the territories for which the United Kingdom is responsible under the Chicago Convention;
(b) the provision of ATM/ANS by that provider concerns air traffic of small volume in a limited part of the airspace for which the United Kingdom is responsible and where that part of the airspace borders with an airspace under the responsibility of a third country;
(c) requiring the provider to demonstrate compliance with the rules referred to in paragraph 1 would involve a disproportionate effort from that provider in light of the nature and risk of the particular activity that it carries out within that airspace;
(d) the CAA has set rules and procedures applicable to the provision of ATM/ANS by the provider which ensure, in accordance with international standards and recommended practices and taking account of the specific circumstances of the case in question, an acceptable level of safety and compliance with the essential requirements referred to in Article 40, and has established appropriate and effective means and arrangements for oversight and enforcement to ensure compliance with those rules and procedures;
(e) the scope of the exemption is clearly defined and the exemption remains limited to what is strictly necessary; where its duration exceeds five years, the exemption is subject to regular review at suitable intervals; and the exemption is applied in a non-discriminatory manner.
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Source: https://www.legislation.gov.uk/eur/2018/1139/article/41 (the official version)
Page: https://openlegislation.uk/eu-regulation-2018-1139/article-41
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.