Commission Implementing Regulation (EU) 2026/2031 of 11 September 2026 amending Implementing Regulation (EU) 2017/373 as regards requirements for activities contracted by service providers
Commission Implementing Regulation (EU) 2026/2031 of 11 September 2026 amending Implementing Regulation (EU) 2017/373 as regards requirements for activities contracted by service providers
Version historyWe hold this version only; in force from 2026-09-11.
Data as of 2026-10-08 · Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. · Read the official text ↗
Implementing Regulation (EU) 2017/373 is amended as follows:
(1)
in Article 2, point (1) is replaced by the following:
‘(1)
the definitions in Article 2 of Regulation (EU) 2024/2803 of the European Parliament and of the Council ( *1 ) and Article 3 of Regulation (EU) 2018/1139 of the European Parliament and of the Council ( *2 ) ;
( *1 ) Regulation (EU) 2024/2803 of the European Parliament and of the Council of 23 October 2024 on the implementation of the Single European Sky ( OJ L, 2024/2803, 11.11.2024, ELI: http://data.europa.eu/eli/reg/2024/2803/oj )."
( *2 ) 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 ( OJ L 212, 22.8.2018, p. 1 , ELI: http://data.europa.eu/eli/reg/2018/1139/oj ).’;"
( ) Regulation (EU) 2024/2803 of the European Parliament and of the Council of 23 October 2024 on the implementation of the Single European Sky ( OJ L, 2024/2803, 11.11.2024, ELI: http://data.europa.eu/eli/reg/2024/2803/oj ).
( ) 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 ( OJ L 212, 22.8.2018, p. 1 , ELI: http://data.europa.eu/eli/reg/2018/1139/oj ).’;
(2)
Annexes I and III are amended in accordance with the Annex to this Regulation.
ANNEX
Annexes I and III to Implementing Regulation (EU) 2017/373 are amended as follows:
(1)
in Annex I, the following definition is inserted:
‘(24a)
‘ancillary activities’ means, for the purposes of point ATM/ANS.OR.B.015 of Annex III, activities that support or enable the provision of ATM/ANS and:
(a)
do not fall under the definition set out in Article 3, point (5), of Regulation (EU) 2018/1139; or
(b)
for which no specific requirements as set out in Annexes III to XIII are applicable under this Regulation.’;
(2)
Annex III is amended as follows:
(a)
point ATM/ANS.OR.B.015 is replaced by the following:
‘ ATM/ANS.OR.B.015 Contracted activities
(a)
Service providers may contract activities to external organisations, as necessary, in support of their operations.
(b)
Without prejudice to Article 7(4) of Regulation (EU) 2024/2803, a service provider shall ensure that the activities comprised in ATM/ANS falling under the definition set out in Article 3, point (5), of Regulation (EU) 2018/1139 for which specific requirements as set out in Annexes III to XIII are applicable under this Regulation shall only be contracted to an organisation that holds a certificate including the relevant term(s) of approval, or has submitted a declaration, as applicable.
(c)
Ancillary activities may be contracted to an organisation that does not hold a certificate, nor has submitted a declaration.
(d)
Ancillary activities shall only be contracted where it has been ascertained that any impact on the provision of the services can be effectively managed.
(e)
The service provider shall regularly monitor the performance of its contracted activities.’;
(b)
the following point ATM/ANS.OR.B.016 is inserted:
‘ ATM/ANS.OR.B.016 Use of resources from non-certified organisations
Where a service provider makes use of personnel or equipment provided by an external organisation, it shall ensure that:
(a)
such personnel and equipment are fully integrated into its functional and management system, and that operational control is maintained;
(b)
the responsibility for the activity remains fully with the service provider;
(c)
a formal contract is concluded to this effect.’;
