• Regulation No 549/2004 EC of 10 March 2004 laying down the framework for the creation of the single European sky (OJ L 096, 31/03/2004 P. 0001 - 0009);
• Regulation No 550/2004 EC of 10 March 2004 on the provision of air navigation services (OJ L 096, 31/03/2004 P. 0010 - 0019);
• Regulation No 551/2004 EC of 10 March 2004 on the organization and use of airspace in the single European sky (OJ L 096, 31/03/2004 P. 0010 - 0019);
• Commission delegated regulation (EU) 2023/1768 of 14 July 2023 laying down detailed rules for the certification and declaration of air traffic management/air navigation services systems and air traffic management/air navigation services constituents
• 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
• Act of July 3, 2002, the Aviation Law - (Journal of Laws 2023, item. 2110, as amended. amended.)
Certification rules, manner of making and scope and criteria for assessing whether an entity satisfies the requirements in the certification process are set out in the Regulation of the Minister of Infrastructure dated 30 September 2020 on the certification of civil aviation activity (Journal of Laws of 2020, item 1694) issued in accordance with Art. 163 of the Aviation Law (Journal of Laws of 2023, item 2110).
In accordance with Article 6 of Regulation No 550/2004 EC of 10 March 2004 on the provision of air navigation services (OJ L 096, 31/03/2004 P. 0010 - 0019), the common requirements include the following areas:
• technical and operational competence and suitability;
• systems and processes for safety and quality management;
• reporting systems;
• quality of service;
• financial capacity;
• liability and insurance;
• ownership and organizational structure, including the prevention of conflicts of interest;
• human resources, including adequate staffing plans;
• security.
The certification body
In accordance with the provisions of the Aviation Law (Journal of Laws of 2023, item 2110), to issue the certificate and ensure continuous compliance monitoring and oversight of air navigation service providers shall be authorized the President of the CAA.
A decision issued by the President on the certification service provider of air navigation shall be the attestation of ability to perform by an institution listed in the types of services in a safe manner and in accordance with applicable national and international requirements, in particular the Convention on International Civil Aviation, signed in Chicago on 7 December 1944 (Journal of Laws of 1959 No. 35, item. 212 and 214 of 1963. No. 24, pos. 137 and 138, of 1969 No. 27, item. 210 and 211, 1976. No. 21 , pos. 130 and 131, No. 32, item. 188 and 189, No. 39, item. 227 and 228, of 1984 No. 39, item. 199 and 200 and of 2000 No. 39, item. 446 and 447) and the Annexes thereto and the requirements laid down by Regulation No 550/2004 EC of 10 March 2004 on the provision of air navigation services and 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.
Certification of a provider of air traffic services shall be the document that authorizes the institution to provide services in the provision of air navigation services in accordance with such conditions and restrictions as may be specified in the certificate.
Following entities are eligible to the request for certification:
• the entity requesting the certificate;
• certificate holder seeking to change or maintain its validity.
The phases of the certification process
In accordance with § 10 of the Regulation of the Minister of Infrastructure dated 30 September 2020 on the certification of civil aviation activity (Journal of Laws of 2020, item 1694) certification process consists of the following phases:
1 - information - consisting of reading the entity applying for certification with the applicable regulations, technical requirements, policies and procedures of conducting the certification process;
2 - the application - consisting of the presentation in writing, a specific certification in manual form, the request for the certification process with the required documents, and the conformity assessment provided by the documents of the regulations and technical requirements established for the proposed certification process;
3 - the assessment of the application and documents on-site, which is required in other regulations to ensure the safety of civil aviation operations;
4 - practical tests - involving the demonstration by an entity that is constantly able to ensure the safety of the proposed operation in civil aviation, comply with regulations that were the basis for the certification, and that it is able to perform the activity in accordance with the terms, conditions and restrictions as are set out in the regulation instructions;
5 - Certificate issuance - ending the certification process or processes associated with change, extension or renewal certification.
Application for the start of certification
In accordance with Art. 7 of the Regulation 550/2004 EC of 10 March 2004 on the provision of air navigation services (Dz. U. L 096, 31/03/2004 P. 0010 - 0019) and the Regulation of the Minister of Infrastructure dated 30 September 2020 on the certification of civil aviation activity (Journal of Laws of 2020, item 1694), the application for certification of a provider of air traffic services shall be send to the President of the Civil Aviation Authority to the following address:
President of the Civil Aviation Authority
ul. M. Flisa 2
02-247 Warsaw
The application for certification shall comply with certain formal requirements of § 22 and § 23 of the Regulation of the Minister of Infrastructure dated 30 September 2020 on the certification of civil aviation activity (Journal of Laws of 2020, item 1694).”
The procedure for the certification process
Patterns of attachment to the request for the certification process
The request to initiate the certification process
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