31.5.2008 Official Journal of the European Union L 141/5 COMMISSION REGULATION (EC) No 482/2008 of 30 May 2008 establishing a software safety assurance system to be implemented by air navigation service providers and amending Annex II to Regulation (EC) No 2096/2005 (Text with EEA relevance) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Regulation (EC) No 550/2004 of the European Parliament and of the Council of 10 March 2004 on the provision of air navigation services in the single European sky (the service provision Regulation) ('), and in particular Article 4 thereof, Whereas: (1)  Pursuant to Regulation (EC) No 550/2004, the Commission is required to identify and adopt the relevant provisions of the Eurocontrol Safety Regulatory Requirements (ESARRs), taking into account existing Community legislation. ESARR 6 entitled ‘Software in ATM systems’ provides a set of safety regulatory requirements for the implementation of a software safety assurance system. (2)  Commission Regulation (EC) No 2096/2005 of 20 December 2005 laying down common requirements for the provision of air navigation services (%) states in the last sentence of Recital 12 that ‘The relevant provisions of ESARR 1 on safety oversight in ATM, and of ESARR 6 on software in ATM systems, should be identified and adopted by way of separate Community acts.’ (3)  Annex II to Regulation (EC) No 2096/2005 requires providers of air traffic services to implement a safety management system as well as safety requirements for risk assessment and mitigation with regard to changes. Within the framework of its safety management system, and as part of its risk assessment and mitigation activities with regard to changes, a provider of air traffic services should define and implement a software safety assurance system to deal specifically with software related aspects. (4)  The prime software safety objective to be met for func- tional systems that contain software is to ensure that the () OJ L 96, 31.3.2004, p. 10. OJ L 335, 21.12.2005, p. 13. Regulation as amended by Regulation (EC) No 1315/2007 (O] L 291, 9.11.2007, p. 16). risks associated with the use of software in the European Air Traffic Management network systems (EATMN software) have been reduced to a tolerable level. (5)  This Regulation should not cover military operations and training as referred to in Article 1(2) of Regulation (EC) No 549/2004 of the European Parliament and of the Council of 10 March 2004 laying down the framework for the creation of the single European sky (the framework Regulation) (3). (6)  Annex II to Regulation (EC) No 2096/2005 should therefore be amended accordingly. (7  The measures provided for in this Regulation are in accordance with the opinion of the Single Sky Committee, HAS ADOPTED THIS REGULATION: Atticle 1 Subject-matter and scope 1. This Regulation lays down the requirements for the defi- nition and implementation of a software safety assurance system by air traffic service (ATS) providers, entities providing air traffic flow management (ATFM) and air space management (ASM) for general air traffic, and providers of communication, navigation and surveillance (CNS) services. It identifies and adopts the mandatory provisions of the Euro- control Safety Regulatory Requirement — ESARR 6 — entitled ‘Software in ATM Systems’ issued on 6 November 2003. 2. This Regulation shall apply to the new software and to any changes to the software of the systems for ATS, ASM, ATEFM, and CNS. It shall not apply to the software of airborne constituents and to space-based equipment. Article 2 Definitions For the purposes of this Regulation, the definitions in Article 2 of Regulation (EC) No 549/2004 shall apply. () OJ L 96, 31.3.2004, p. 1.