### the joint committee shall serve as a forum in which the authority shall cooperate regularly and closely and ensure cross - sectoral consistency with the european insurance and occupational pensions authority and the banking authority . ### the joint committee shall serve as a forum in which the authority shall cooperate regularly and closely and ensure cross - sectoral consistency and learning with the european banking authority and the european insurance and occupational pensions authority , in particular on : – financial conglomerates ; – accounting and auditing ; – micro - prudential analyses for financial stability ; – retail investment products ; – anti - money laundering measures ; and – information exchange with the european systemic risk board and development of the relationship between the european systemic risk board and the european supervisory authorities .


### the authority shall contribute adequate resources to the administrative support of the joint committee of european supervisory authorities . this includes staff , administrative , infrastructure , and operational expenses . ### the joint committee shall have a permanent secretariat , staffed by personnel on secondment from the three european supervisory authorities . the authority shall contribute adequate resources to administrative , infrastructure and operational expenses .


### in the case of non - contractual liability , the authority shall , in accordance with the general principles common to the laws of the member states , make good any damage caused by it or by its staff in the performance of their duties . the court of justice shall have jurisdiction in any dispute over the remedying of such damage . ### in the case of non - contractual liability , the authority shall , in accordance with the general principles common to the laws of the member states , make good any unjustifiable damage caused by it or by its staff in the performance of their duties . the court of justice shall have jurisdiction in any dispute over the remedying of such damage .


### it is essential that the research activities carried out under bonus - 169 conform to basic ethical principles , including those reflected in article 6 of the treaty on the european union and in the charter of fundamental rights of the european union , and follow the principles of gender mainstreaming and gender equality . ### it is essential that the research activities carried out under bonus - 169 conform to basic ethical principles , including those reflected in article 6 of the treaty on european union and in the charter of fundamental rights of the european union , and the seventh framework programme , and follow the principles of gender mainstreaming and gender equality .


### the remuneration policy is consistent with and promotes sound and effective risk management and does not encourage risk - taking that exceeds the level of tolerated risk of the credit institution ; ### the remuneration policy is consistent with and promotes sound and effective risk management , does not encourage risk - taking that exceeds the level of tolerated risk of the credit institution and includes measures to avoid asymmetries of information and conflicts of interest ;


### the member states have adopted a general statement on military issues related to the single european sky18 . according to this statement , member states should , in particular , enhance civil - military cooperation and , if and to the extent deemed necessary by all member states concerned , facilitate cooperation between their armed forces in all matters of air traffic management . __________________ 18 see page 9 of this official journal . ### the member states have adopted a general statement on military issues related to the single european sky18 . according to this statement , member states should , in particular , enhance civil - military cooperation and , if and to the extent deemed necessary by all member states concerned , facilitate cooperation between their armed forces in all matters of air traffic management in order to facilitate flexible use of airspace . __________________ 18 see page 9 of this official journal .


### national supervisory authorities have a key role to play in the implementation of the single european sky and the commission should therefore facilitate cooperation among them in order to enable the exchange of best practices and to develop a common approach , including through enhanced cooperation at regional level . this cooperation should take place on a regular basis . ### national aviation authorities have a key role to play in the implementation of the single european sky . the commission and the european agency for aviation should therefore facilitate cooperation among them in order to enable the exchange of best practices and to develop a common approach , including through enhanced cooperation at regional level , by providing a platform for such exchanges . this cooperation should take place on a regular basis .


### the concept of a network manager entity is central to improving the performance of air traffic management at network level , by centralising the provision of certain services , which are best performed at network level . in order to facilitate dealing with an aviation crisis , a coordination of such a crisis should be ensured by the network manager . ### the concept of a network manager entity is central to improving the performance of air traffic management at network level , by centralising the provision of certain services , which are best performed at network level . in order to facilitate dealing with an aviation crisis , coordination of the measures to be adopted to prevent and respond to such a crisis should be ensured by the network manager .


### commission is convinced that the safe and efficient use of airspace can only be achieved through close cooperation between civil and military users of airspace , mainly based on the concept of flexible use of airspace and effective civil - military coordination as established by icao , it stresses the importance of enhancing civil military cooperation between civil and military users of airspace . ### commission is convinced that the safe and efficient use of airspace can only be achieved through close cooperation between civil and military users of airspace , mainly based on the concept of flexible use of airspace and effective civil - military coordination as established by icao , it stresses the importance of enhancing civil military cooperation between civil and military users of airspace with a view to facilitating flexible use of airspace .


### accuracy of information on airspace status and on specific air traffic situations and timely distribution of this information to civil and military controllers has a direct impact on the safety and efficiency of operations . timely access to up - to - date information on airspace status is essential for all parties wishing to take advantage of airspace structures made available when filing or re - filing their flight plans . ### accuracy of information on airspace status and on specific air traffic situations and timely distribution of this information to civil and military controllers has a direct impact on the safety and efficiency of operations and should improve their predictability . timely access to up - to - date information on airspace status is essential for all parties wishing to take advantage of airspace structures made available when filing or re - filing their flight plans .


### in order to take into account technical or operational developments , in particular by amending annexes , or by supplementing the provisions on network management and performance scheme , the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union should be delegated to the commission . the content and scope of each delegation is set out in detail in the relevant articles . it is of particular importance that the commission carries out appropriate consultations during its preparatory work , including at expert level . the commission , when preparing and drawing - up delegated acts , should ensure a simultaneous , timely and appropriate transmission of relevant documents to the european parliament and council . ### in order to take into account technical or operational developments , in particular by amending annexes , or by supplementing the provisions on network management , performance scheme , selecting the entity responsible for implementation of the atm master plan and defining the responsibilities thereof , the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union should be delegated to the commission . the content and scope of each delegation is set out in detail in the relevant articles . it is of particular importance that the commission carries out appropriate consultations during its preparatory work , including at expert level . the commission , when preparing and drawing - up delegated acts , should ensure a simultaneous , timely and appropriate transmission of relevant documents to the european parliament and council .


### in order to take into account technical or operational developments , in particular by amending annexes , or by supplementing the provisions on network management and performance scheme , the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union should be delegated to the commission . the content and scope of each delegation is set out in detail in the relevant articles . it is of particular importance that the commission carries out appropriate consultations during its preparatory work , including at expert level . the commission , when preparing and drawing - up delegated acts , should ensure a simultaneous , timely and appropriate transmission of relevant documents to the european parliament and council . ### in order to take into account technical or operational developments , in particular by amending annexes , or by supplementing the provisions on network management , performance scheme , selecting the entity responsible for implementation of the atm master plan baseline and defining the responsibilities thereof , the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union should be delegated to the commission . the content and scope of each delegation is set out in detail in the relevant articles . it is of particular importance that the commission carries out appropriate consultations during its preparatory work , including at expert level . the commission , when preparing and drawing - up delegated acts , should ensure a simultaneous , timely and appropriate transmission of relevant documents to the european parliament and council .


### when adding to the list of network management services , the commission should conduct a proper consultation of industry stakeholders . ### when adding to the list of network management services , the commission should conduct a proper consultation of industry stakeholders and social partners .


### in order to ensure uniform conditions for the implementation of this regulation , in particular with regard to the exercise of their powers by national supervisory authorities , provision of support services on an exclusive basis by a service provider or groupings thereof , corrective measures to ensure compliance with the union - wide and associated local performance targets , review of compliance in relation to the charging scheme , governance and adoption of common projects for network related functions , functional airspace blocks , modalities of participation of stakeholders in major operational decisions of the air navigation service providers , access to and protection of data , electronic aeronautical information and technological development and interoperability of air traffic management , implementing powers should be conferred on the commission . those powers should be exercised in accordance with regulation no 182 / 2011 of the european parliament and of the council of 16 february 2011 laying down the rules and general principles concerning mechanisms for control by member states of the commission ' s exercise of implementing powers22 . __________________ 22 oj l 55 , 28 . 2 . 2011 , p . 13 . ### in order to ensure uniform conditions for the implementation of this regulation , in particular with regard to the exercise of their powers by national aviation authorities , provision of support services on an exclusive basis by a service provider or groupings thereof , corrective measures to ensure compliance with the union - wide and associated local performance targets , review of compliance in relation to the charging scheme , governance and adoption of common projects for network related functions , functional airspace blocks , modalities of participation of stakeholders in major operational decisions of the air navigation service providers , access to and protection of data , electronic aeronautical information and technological development and interoperability of air traffic management , implementing powers should be conferred on the commission . those powers should be exercised in accordance with regulation no 182 / 2011 of the european parliament and of the council of 16 february 2011 laying down the rules and general principles concerning mechanisms for control by member states of the commission ' s exercise of implementing powers22 . __________________ 22 oj l 55 , 28 . 2 . 2011 , p . 13 .


### the ministerial statement on gibraltar airport , agreed in córdoba on 18 september 2006 , during the first ministerial meeting of the forum of dialogue on gibraltar , will replace the joint declaration on the airport made in london on 2 december 1987 , and the full compliance with that statement will be deemed to constitute compliance with the 1987 declaration . ### arrangements for closer cooperation over the use of gibraltar airport were agreed in london on 2 december 1987 by the kingdom of spain and the united kingdom in a joint declaration by the ministers of foreign affairs of the two countries . the arrangements have not yet been applied .


### this regulation lays down rules for the creation and proper functioning of the single european sky in order to ensure current air traffic safety standards , to contribute to the sustainable development of the air transport system and to improve the overall performance of air traffic management and air navigation services for general air traffic in europe , with a view to meeting the requirements of all airspace users . the single european sky shall comprise a coherent pan - european network of routes , an integrated operating airspace , network management and air traffic management systems based only on safety , efficiency and interoperability , for the benefit of all airspace users . ### this regulation lays down rules for the creation and proper functioning of the single european sky in order to ensure current air traffic safety standards , to contribute to the sustainable development of the air transport system and to improve the overall performance of air traffic management and air navigation services for general air traffic in europe , with a view to meeting the requirements of all airspace users . the single european sky shall comprise a coherent pan - european and , subject to specific arrangements with the neighbouring countries , third - country network of routes , an integrated operating airspace , network management and air traffic management based only on safety , efficiency and interoperability , for the benefit of all airspace users .


### this regulation shall apply to the airspace within the icao eur and afi and nat regions where member states are responsible for the provision of air traffic services in accordance with the this regulation . member states may also apply this regulation to airspace under their responsibility within other icao regions , on condition that they inform the commission and the other member states thereof . ### this regulation shall apply to the airspace within the icao , eur , afi and nat regions where member states are responsible for the provision of air traffic services in accordance with the this regulation . member states may also apply this regulation to airspace under their responsibility within other icao regions , on condition that they inform the commission and the other member states thereof .


### ‘ airspace management’ means a planning service with the primary objective of maximising the utilisation of available airspace by dynamic time - sharing and , at times , the segregation of airspace among various categories of airspace users on the basis of short - term needs ; ### ' airspace management ' means a planning service with the primary objective of maximising the utilisation of available airspace by dynamic time - sharing and , at times , the segregation of airspace among various categories of airspace users on the basis of short - term needs and a strategic function associated with airspace design .


### ‘ area control service’ means an atc service for controlled flights in a block of airspace ; ### ‘ area control service’ means an atc service for controlled flights in a control areas ;


### ‘ aviation crisis’ means circumstances under which airspace capacity is abnormally reduced as a result of major adverse weather circumstances or the unavailability of large airspace parts either through natural or political reasons ; ### ‘ aviation crisis’ means circumstances under which airspace capacity is abnormally reduced as a result of major adverse weather circumstances or the unavailability of large airspace parts on account of natural , medical , security , military or political reasons ;


### ‘ bundle of services’ means two or more air navigation services ; ### ' bundle of services ' means two or more services provided by the same entity ;


### ‘ certificate’ means a document issued by a national supervisory authority in any form complying with national law , which confirms that an air navigation service provider meets the requirements for providing a specific service ; ### ' certificate ' means a document issued by the eaa or by a national authority in any form complying with relevant law , which confirms that an air navigation service provider meets the requirements for carrying on a specific activity ;


### ‘ constituents’ means tangible objects such as hardware and intangible objects such as software upon which the interoperability of the european air traffic management network depends ; ### ‘ constituents’ means tangible objects such as hardware and intangible objects such as software upon which the interoperability of the eatmn depends ;


### ‘ functional airspace block’ means an airspace block based on operational requirements and established regardless of state boundaries , where the provision of air navigation services and related functions are performance - driven and optimised with a view to introducing , in each functional airspace block , enhanced cooperation among air navigation service providers or , where appropriate , an integrated provider ; ### ' functional airspace block ' means an airspace block established regardless of state boundaries , where the provision of air navigation services and related functions are performance - driven and optimised through enhanced cooperation among air navigation service providers or , where appropriate , an integrated provider ;


### ‘ route network’ means a network of specified routes for channelling the flow of general air traffic as necessary for the provision of atc services ; ### ' route network ' means a network of specified routes for channelling the flow of general air traffic as necessary for the most efficient provision of atc services ;


### ‘ system’ means the aggregation of airborne and ground - based constituents , as well as space - based equipment , that provides support for air navigation services for all phases of flight ; ### ' system ' means the aggregation of airborne and / or ground - based constituents and / or space - based equipment that provides support for air navigation services for all phases of flight ;


### ‘ national supervisory authority’ means the national body or bodies entrusted by a member state with the tasks of supervision in accordance with this regulation and the national competent authorities entrusted with the tasks provided for in article 8b of regulation no 216 / 2008 ; ### ' national aviation authority ' means a national body entrusted by a member state and accredited by the eaa with the tasks provided for in this regulation and regulation no 216 / 2008 ;


### national supervisory authorities ### national aviation authorities


### member states shall , jointly or individually , either nominate or establish a body or bodies as their national supervisory authority in order to assume the tasks assigned to such authority under this regulation . ### member states shall , jointly or individually , either nominate or establish a body as their national aviation authority in order to assume the tasks assigned to such authority under this regulation and regulation no . 216 / 2008 .


### the national supervisory authorities shall be legally distinct and independent in particular in organisational , hierarchical and decision - making terms , from any air navigation service providers or any private or public entity having an interest in the activities of such providers . ### the national aviation authorities shall be legally distinct and independent in particular in organisational , hierarchical and decision - making terms , from any company , organisation , public or private entity or personnel falling under the scope of authority activity as provided for in this regulation and in art . 1 of regulation no . 216 / 2008 or having an interest in the activities of such entities .


### the national supervisory authorities shall be legally distinct and independent in particular in organisational , hierarchical and decision - making terms , from any air navigation service providers or any private or public entity having an interest in the activities of such providers . ### the national aviation authorities shall be legally distinct and independent , in particular in organisational , hierarchical and decision - making terms , from any company , organisation , public or private entity or staff falling within the scope of authority activity as provided for in article 1 of regulation no 216 / 2008 or having an interest in the activities of such entities .


### without prejudice to paragraph 2 , the national supervisory authorities may be joined in organisational terms with other regulatory bodies and / or safety authorities . ### without prejudice to paragraph 2 , the national aviation authorities may be joined in organisational terms with other regulatory bodies and / or safety authorities .


### the national supervisory authorities shall exercise their powers impartially , independently and transparently . in particular , they shall be organised , staffed , managed and financed so as to allow them to exercise their powers in that manner . ### the national aviation authorities shall exercise their powers impartially , independently and transparently . in particular , they shall be organised , staffed , managed and financed so as to allow them to exercise their powers in that manner .


### staff of the national supervisory authorities shall : ### staff of the national aviation authorities shall :


### act independently in particular from any interest related to air navigation service providers and shall not seek or take instructions from any government or other public or private entity when carrying out the functions of the national supervisory authority ; ### act independently and not seek or take instructions from any government or other public or private entity when carrying out the functions of the national aviation authority ;


### member states shall ensure that national supervisory authorities have the necessary resources and capabilities to carry out the tasks assigned to them under this regulation in an efficient and timely manner . the national supervisory authorities shall have full authority over the recruitment and management of their staff based on their own appropriations stemming from inter alia route charges to be set in proportion to the tasks to be fulfilled by the authority in accordance with article 4 . ### member states shall ensure that national aviation authorities have the necessary resources and capabilities to carry out the tasks assigned to them in an efficient and timely manner . the national aviation authorities shall have full authority over the recruitment and management of their staff based on their own appropriations .


### member states shall notify the commission of the names and addresses of the national supervisory authorities , as well as changes thereto , and of the measures taken to ensure compliance with this article . ### member states shall notify the commission of the names and addresses of the national aviation authorities , as well as changes thereto , and of the measures taken to ensure compliance with this article .


### tasks of the national supervisory authorities ### tasks of the national aviation authorities


### the national supervisory authorities referred to in article 3 shall be entrusted in particular with the following tasks : ### the national aviation authorities shall be entrusted in particular with the following tasks :


### granting of certificates to air navigation services providers in accordance with article 8b of regulation no 216 / 2008 and overseeing the application of the conditions under which they have been granted ; ### the performance or delegation , wholly or in part , of the tasks listed in articles 8b , 8c and 10 of regulation ) , and performance of the task of ensuring supervision of the application of this regulation , in particular with regard to the safe and efficient operation of providers of air navigation services relating to the airspace falling within the responsibility of the member states .


### each national supervisory authority shall organise proper inspections and surveys to verify compliance with the requirements of this regulation . the air navigation service provider concerned shall facilitate such work . ### each national aviation authority shall organise proper inspections and surveys to verify compliance with the requirements of this regulation . the air navigation service provider concerned shall facilitate such work .


### co - operation between national supervisory authorities ### cooperation between national aviation authorities


### the national supervisory authorities shall exchange information about their work and decision - making principles , practices and procedures as well as implementation of union law . they shall cooperate for the purpose of coordinating their decision - making across the union . the national supervisory authorities shall participate and work together in a network that convenes at regular intervals . the commission and the european union agency for aviation shall be members , coordinate and support the work of the network and make recommendations to the network , as appropriate . the commission and eaa shall facilitate active cooperation of the national supervisory authorities and exchanges and use of staff between the national supervisory authorities based on a pool of experts to be set up by eaa in accordance with article 17 of regulation no 216 / 2008 . ### the national aviation authorities shall exchange information about their work and decision - making principles , practices and procedures as well as implementation of union law . they shall cooperate for the purpose of coordinating their decision - making across the union . the national aviation authorities shall participate and work together in a network that convenes at regular intervals . the commission and eaa shall facilitate active cooperation of the national aviation authorities and exchanges and use of staff between the national aviation authorities .


### the national supervisory authorities shall exchange information about their work and decision - making principles , practices and procedures as well as implementation of union law . they shall cooperate for the purpose of coordinating their decision - making across the union . the national supervisory authorities shall participate and work together in a network that convenes at regular intervals . the commission and the european union agency for aviation shall be members , coordinate and support the work of the network and make recommendations to the network , as appropriate . the commission and eaa shall facilitate active cooperation of the national supervisory authorities and exchanges and use of staff between the national supervisory authorities based on a pool of experts to be set up by eaa in accordance with article 17 of regulation no 216 / 2008 . ### the national aviation authorities shall exchange information about their work and decision - making principles , practices and procedures as well as implementation of union law . they shall cooperate for the purpose of coordinating their decision - making across the union . the commission and the eaa shall facilitate active cooperation , exchanges and secondment of staff between the national aviation authorities . subject to the rules on data protection provided for in article 22 of this regulation and in regulation no 45 / 2001 , the commission shall provide a platform for the exchange of such information among the members of the network , possibly through electronic tools , respecting the confidentiality of business secrets of any companies , organisations or entities involved .


### subject to the rules on data protection provided for in article 22 of this regulation and in regulation no 45 / 2001 , the commission shall support the exchange of the information referred to in the first and second subparagraph of this paragraph among the members of the network , possibly through electronic tools , respecting the confidentiality of business secrets of air navigation service providers . ### subject to the rules on data protection provided for in article 22 of this regulation and in regulation no 45 / 2001 , the commission shall provide a platform for the exchange of the information among the members of the network , possibly through electronic tools , respecting the confidentiality of business secrets of companies , organisations or entities involved .


### the national supervisory authorities shall cooperate closely , including through working arrangements , for the purposes of mutual assistance in their monitoring tasks and handling of investigations and surveys . ### the national aviation authorities shall cooperate closely , including through working arrangements , for the purposes of mutual assistance in their monitoring tasks and handling of investigations and surveys .


### in respect of functional airspace blocks that extend across the airspace falling under the responsibility of more than one member state , the member states concerned shall conclude an agreement on the supervision provided for in this article with regard to the air navigation service providers providing services relating to those blocks . the national supervisory authorities concerned shall establish a plan specifying the modalities of their co - operation with a view to giving effect to that agreement . ### in respect of functional airspace blocks , the member states concerned shall conclude an agreement on the supervision provided for in article 4 with regard to the air navigation service providers providing services relating to those blocks . the national aviation authorities concerned shall establish a plan specifying the modalities of their cooperation with a view to giving effect to that agreement


### national supervisory authorities shall cooperate closely to ensure adequate supervision of air navigation service providers holding a valid certificate from one member state that also provide services relating to the airspace falling under the responsibility of another member state . such cooperation shall include arrangements for the handling of cases involving non - compliance with this regulation and with the applicable common requirements adopted in accordance with article 8b of regulation no 216 / 2008 . ### national aviation authorities shall cooperate closely to ensure adequate supervision of air navigation service providers holding a valid certificate from one member state that also provide services relating to the airspace falling under the responsibility of another member state . such cooperation shall include arrangements for the handling of cases involving non - compliance with this regulation and with the applicable common requirements adopted in accordance with article 8b of regulation no 216 / 2008 .


### in the case of provision of air navigation services in an airspace falling under the responsibility of another member state , the arrangements referred to in paragraphs 2 and 4 shall include an agreement on the mutual recognition of the supervisory tasks set out in article 4 and and of the results of these tasks . this mutual recognition shall apply also where arrangements for recognition between national supervisory authorities are made for the certification process of service providers . ### in the case of provision of air navigation services in an airspace falling under the responsibility of another member state the arrangements referred to in paragraphs 2 and 4 shall include an agreement on the mutual recognition of the supervisory tasks set out in article 4 and and of the results of these tasks . this mutual recognition shall apply also where arrangements for recognition between national aviation authorities are made for the certification process of service providers .


### if permitted by national law and with a view to regional cooperation , national supervisory authorities may also conclude agreements regarding the division of responsibilities regarding supervisory tasks . ### if permitted by national law and with a view to regional cooperation , national aviation authorities may also conclude agreements regarding the division of responsibilities regarding supervisory tasks .


### national supervisory authorities may decide to delegate in full or in part the inspections and surveys referred to in article 4 to qualified entities that fulfil the requirements set out in annex i . ### the eea and national aviation authorities may decide to delegate , wholly or in part , the inspections , surveys and other tasks assigned under this regulation to qualified entities that fulfil the requirements set out in annex i .


### such a delegation granted by a national supervisory authority shall be valid within the union for a renewable period of three years . national supervisory authorities may instruct any of the qualified entities located in the union to undertake these inspections and surveys . ### such a delegation shall be valid within the union for a renewable period of three years . the eea and national aviation authorities may instruct any of the qualified entities located in the union to undertake these inspections and surveys .


### member states shall notify the commission , eaa and the other member states of the qualified entities to which they have delegated tasks in accordance with paragraph 1 indicating each entity ‘ s area of responsibility and its identification number and of any changes in this respect . the commission shall publish in the official journal of the european union the list of qualified entities , their identification numbers and areas of responsibility , and shall keep the list updated . ### the eaa and the national aviation authorities shall notify the commission , the other member states and , if applicable , eaa , of the qualified entities to which they have delegated tasks in accordance with paragraph 1 , indicating each entity ' s area of responsibility and its identification number , and of any changes in this respect . the commission shall publish in the official journal of the european union the list of qualified entities , their identification numbers and their areas of responsibility , and shall keep the list updated .


### member states shall withdraw the delegation of a qualified entity which no longer meets the requirements set out in annex i . it shall forthwith inform the commission , eaa and the other member states thereof . ### the eaa and the national aviation authorities shall withdraw the delegation of a qualified entity which no longer meets the requirements set out in annex i . it shall forthwith inform the commission and the other member states thereof .


### national supervisory authorities , acting in accordance with their national legislation , shall establish consultation mechanisms for appropriate involvement of stakeholders , including professional staff representative bodies for the exercise of their tasks , in the implementation of the single european sky . ### national aviation authorities , acting in accordance with their national legislation , shall establish consultation mechanisms for appropriate involvement of stakeholders , including professional staff representative bodies for the exercise of their tasks , in the implementation of the single european sky .


### the provision of all air navigation services within the union shall be subject to certification by or declaration to , national supervisory authorities or eaa in accordance with article 8b of regulation no 216 / 2008 . ### the provision of all air navigation services within the union shall be subject to certification by , or declaration to , national aviation authorities or the eaa in accordance with article 8b of regulation no 216 / 2008 .


### the issue of certificates shall confer on air navigation service providers the possibility of offering their services to member states , other air navigation service providers , airspace users and airports within the union . with regard to support services this possibility shall be subject to the compliance with article 10 . ### the issue of certificates shall confer on air navigation service providers the possibility of offering their services to any member state , other air navigation service providers , airspace users and airports within the union and neighbouring third countries , if appropriate , within a functional airspace block , subject to mutual agreement between the relevant parties . with regard to support services this possibility shall be subject to the compliance with article 10 .


### in respect of functional airspace blocks established in accordance with article 16 that extend across the airspace under the responsibility of more than one member state , the member states concerned shall jointly designate , in accordance with paragraph 1 of this article , one or more air traffic service providers , at least one month before implementation of the airspace block . ### in respect of functional airspace blocks established in accordance with article 16 , the member states concerned shall jointly designate , in accordance with paragraph 1 of this article , one or more air traffic service providers , at least one month before implementation of the airspace block .


### union - wide and associated local performance targets on the key performance areas of safety , the environment , capacity and cost - efficiency ; ### union - wide and associated local performance targets on the key performance areas of safety , the environment , capacity and cost - efficiency in accordance with the high level goals of atm master plan fixed for a whole of a reference period ;


### union - wide&#160 ; and associated local performance targets on the key performance areas of safety , the environment , capacity and cost - efficiency ; ### union - wide and associated local performance targets on the key performance areas of safety , the environment , capacity and cost - efficiency , which take due account of improvements to the overall system of aviation and the interactions between the individual performance areas ,


### national plans or plans for functional airspace blocks , including performance targets , ensuring compliance with the union - wide and associated local performance targets ; and ### local performance plans , including performance targets , ensuring compliance with the union - wide and associated local performance targets ; and


### the commission shall designate an independent , impartial and competent body to act as a ‘ performance review body’ . the role of the performance review body shall be to assist the commission , in coordination with the national supervisory authorities , and to assist the national supervisory authorities on request in the implementation of the performance scheme referred to in paragraph 1 . technical assistance to the performance review body may be provided by eaa and eurocontrol or another competent entity . ### the commission shall designate an independent , impartial and competent body to act as a ' performance review body ' . the prb shall be established as a european economic regulator under the supervision of the commission . the role of prb shall be to assist the commission , in coordination with the national aviation authorities , and to assist and monitor the national aviation authorities in the implementation of the performance scheme referred to in paragraph 1 . technical assistance to the prb may be provided by eaa , the network manager , eurocontrol or another competent entity .


### the commission shall designate an independent , impartial and competent body to act as a ‘ performance review body’ . the role of the performance review body shall be to assist the commission , in coordination with the national supervisory authorities , and to assist the national supervisory authorities on request in the implementation of the performance scheme referred to in paragraph 1 . technical assistance to the performance review body may be provided by eaa and eurocontrol or another competent entity . ### the commission shall designate an independent , impartial and competent body to act as a performance review body . the role of the prb shall be to assist the commission , in coordination with the national aviation authorities , and to assist the national aviation authorities on request in the implementation of the performance scheme referred to in paragraph 1 . technical assistance may be provided to the prb by the eaa and eurocontrol or by another competent entity .


### the national or functional airspace block plans referred to in paragraph 1 , shall be drawn up by national supervisory authorities and adopted by the member state . these plans shall include binding local targets and an appropriate incentive scheme as adopted by the member state . drafting of the plans shall be subject to consultation with air navigation service providers , airspace users ' representatives , and , where relevant , airport operators and airport coordinators . ### the national or functional airspace block plans referred to in paragraph 1 , shall be drawn up and laid down by national supervisory authorities . when establishing these targets , the national supervisory authorities shall act independently after consulting all the organisations concerned by the plan . these plans shall include binding local targets and an appropriate incentive scheme as adopted by the member state . drafting of the plans shall be subject to consultation with air navigation service providers , airspace users ' representatives , and , where relevant , airport operators and airport coordinators .


### the national or functional airspace block plans referred to in paragraph 1 , shall be drawn up by national supervisory authorities and adopted by the member state . these plans shall include binding local targets and an appropriate incentive scheme as adopted by the member state . drafting of the plans shall be subject to consultation with air navigation service providers , airspace users ' representatives , and , where relevant , airport operators and airport coordinators . ### the local performance plans referred to in point of paragraph 1 shall be drawn up by the national aviation authorities and adopted by the member state . these plans shall include binding local targets and an appropriate incentive scheme as adopted by the member state . drafting of the plans shall be subject to consultation with air navigation service providers , airspace users ' representatives and , where relevant , airport operators and airport coordinators .


### the compliance of the national or functional airspace block plans and local targets with the union - wide performance targets shall be assessed by the commission in co - operation with the performance review body . ### the compliance of the local performance plans and local targets with the union - wide performance targets shall be assessed by the commission in cooperation with the prb .


### in the event that the commission identifies that the national or functional airspace block plans or the local targets do not comply with the union - wide targets , it may require the member states concerned to take the necessary corrective measures . those implementing acts shall be adopted in accordance with the advisory procedure referred to in article 27 . ### in the event that the commission identifies that the local performance plans or the local targets do not comply with the union - wide targets , it may require the member states concerned to take the necessary corrective measures . those implementing acts shall be adopted in accordance with the advisory procedure referred to in article 27 .


### the commission shall carry out regular assessments of the achievement of the union - wide and associated local performance targets . ### the financial incentive shall be determined in advance by the commission and consist of a portion of the route charge or of community resources from the multiannual financial framework .


### collection , validation , examination , evaluation and dissemination of relevant data related to the performance of air navigation services and network services from all relevant parties , including air navigation service providers , airspace users , airport operators , national supervisory authorities , member states and eurocontrol ; ### collection , validation , examination , evaluation and dissemination of relevant data related to the performance of air navigation services and network services from all relevant parties , including air navigation service providers , airspace users , airport operators , the eaa , national aviation authorities , member states and eurocontrol ;


### criteria for the setting up by the national supervisory authorities of the national or functional airspace block performance plans , containing the local performance targets and the incentive scheme . the performance plans shall : ### criteria for the setting - up by the national aviation authorities of the local performance plans , containing the local performance targets and the incentive scheme . the performance plans shall :


### be based on the business plans of the air navigation service providers ; ### be based on the business plans of the air navigation service providers , which should in turn take into account the implementation of the atm master plan ;


### assessment of the local performance targets on the basis of the national or functional airspace block plan ; ### assessment of the local performance targets on the basis of the local performance plan ;


### monitoring of the national or functional airspace block performance plans , including appropriate alert mechanisms ; ### monitoring of the local performance plans , including appropriate alert mechanisms ;


### the costs to be taken into account in this context shall be those assessed in relation to the facilities and services provided for and implemented under the icao regional air navigation plan , european region . they shall also include costs incurred by national supervisory authorities and / or qualified entities , as well as other costs incurred by the relevant member state and service provider in relation to the provision of air navigation services . they shall not include the costs of penalties imposed by member states referred to article 33 nor the costs of any corrective measures or sanctions referred to in article 11 . ### the costs to be taken into account in this context shall be those assessed in relation to the facilities and services provided for and implemented under the icao regional air navigation plan , european region . they shall also include costs incurred by national aviation authorities and / or qualified entities , as well as other costs incurred by the relevant member state and service provider in relation to the provision of air navigation services . they shall not include the costs of penalties imposed by member states as referred to in article 33 or the costs of any corrective measures or sanctions as referred to in article 11 .


### in respect of the functional airspace blocks and as part of their respective framework agreements , member states shall make reasonable efforts to agree on common principles for charging policy . ### in respect of the functional airspace blocks and as part of their respective framework agreements , member states shall make reasonable efforts to agree on common principles for charging policy , with a view to arriving at a single charge , in accordance with their respective performance plans .


### charges shall encourage the safe , efficient , effective and sustainable provision of air navigation services with a view to achieving a high level of safety and cost - efficiency and meeting the performance targets and they shall stimulate integrated service provision , whilst reducing the environmental impact of aviation . for the purposes of point and in relation to the national or functional airspace block performance plans , national supervisory authorities may set up mechanisms , including incentives consisting of financial advantages and disadvantages , to encourage air navigation service providers and / or airspace users to support improvements in the provision of air navigation services such as increased capacity , reduced delays and sustainable development , while maintaining an optimum safety level . ### charges shall encourage the safe , efficient , effective and sustainable provision of air navigation services with a view to achieving a high level of safety and cost - efficiency and meeting the performance targets , and shall stimulate integrated service provision whilst reducing the environmental impact of aviation . for the purposes of this point and in relation to the local performance plans , the national aviation authority may set up mechanisms , including incentives consisting of financial advantages and disadvantages , to encourage air navigation service providers and / or airspace users to support improvements in the provision of air navigation services such as increased capacity , reduced delays and sustainable development , while maintaining an optimum safety level .


### the implementation of the atm master plan may be supported by common projects . these projects shall support the objectives of this regulation to improve the performance of the european aviation system in key areas such as capacity , flight and cost efficiency as well as environmental sustainability , within the overriding safety objectives . the common projects shall aim to deploy in a timely , coordinated and synchronised manner atm functionalities to achieve the essential operational changes identified in the atm master plan . ### the implementation of the atm master plan may be supported by common projects . these projects shall support the objectives of this regulation to improve the performance of the european aviation system in key areas such as capacity , flight and cost efficiency as well as environmental sustainability , within the overriding safety objectives . the common projects shall aim to deploy atm functionalities in a timely , coordinated and synchronised manner , with a view to bringing about the essential operational changes identified in the atm master plan , including identification of the most appropriate geographical dimension , performance - driven project architecture and service delivery approach to be applied by the deployment manager .


### the commission may adopt measures establishing the governance of common projects and identifying incentives for their deployment . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 27 . these measures shall not prejudice mechanisms for the deployment of the projects concerning functional airspace blocks as agreed upon by the parties of those blocks . ### the commission may adopt measures establishing the governance of common projects and identifying incentives for their deployment . the body governing the deployment of the common projects shall be the same body as that which is in charge of the implementation of the atm master plan baseline . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 27 . these measures shall complement the mechanisms for the deployment of the projects concerning functional airspace blocks as agreed upon by the parties of those blocks .


### , member states shall take all necessary measures in order to ensure the establishment and implementation of functional airspace blocks based on integrated provision of air traffic services with a view to achieving the required capacity and efficiency of the air traffic management network within the single european sky and maintaining a high level of safety and contributing to the overall performance of the air transport system and reduced environmental impact . ### member states shall take all necessary measures in order to ensure the establishment and implementation of operational functional airspace blocks based on integrated provision of air navigation services with a view to achieving the required capacity and efficiency of the air traffic management network within the single european sky and maintaining a high level of safety and contributing to the overall performance of the air transport system and reduced environmental impact .


### member states shall take all necessary measures in order to ensure the establishment and implementation of functional airspace blocks based on integrated provision of air traffic services with a view to achieving the required capacity and efficiency of the air traffic management network within the single european sky and maintaining a high level of safety and contributing to the overall performance of the air transport system and reduced environmental impact . ### member states shall take all necessary measures in order to ensure the establishment and implementation of operational functional airspace blocks based on integrated provision of air traffic services with a view to achieving the required capacity and efficiency of the air traffic management network within the single european sky , maintaining a high level of safety and contributing to the overall performance of the air transport system and reduced environmental impact .


### member states , as well as air traffic service providers shall cooperate to the fullest extent possible with each other in order to ensure compliance with this article . where relevant , cooperation may also include air traffic service providers from third countries taking part in functional airspace blocks . ### member states , as well as air navigation service providers shall cooperate to the fullest extent possible with each other in order to ensure compliance with this article . where relevant , cooperation may also include air navigation service providers from third countries taking part in functional airspace blocks .


### the requirements set out in this article may be met through participation of air navigation service providers in one or more functional airspace block . ### the requirements set out in this article may be met through participation of air navigation service providers in one or more functional airspace blocks .


### a functional airspace block that extend across the airspace under the responsibility of more than one member state shall be established by joint designation between all the member states , as well as , where appropriate , third countries that have responsibility for any part of the airspace included in the functional airspace block ### an operational functional airspace block shall be established by joint designation between member states as well as , where appropriate , third countries that have responsibility for any part of the airspace included in the functional airspace block .


### the commission may adopt measures regarding the information to be provided by the member state referred to in paragraph 6 . those implementing acts shall be adopted in accordance with the procedure referred to in article 27 . ### the commission may adopt measures regarding the information to be provided by the member state referred to in paragraph 6 . those implementing acts shall be adopted in accordance with the procedure referred to in article 27 . the provisions of this paragraph shall be without prejudice to any fab arrangements existing on the date of entry into force of this regulation , in so far as those arrangements meet and , where possible , exceed the performance targets set in accordance with article 11 .


### the air traffic management network services shall allow optimum use of airspace and ensure that airspace users can operate preferred trajectories , while allowing maximum access to airspace and air navigation services . these network services shall be aimed at supporting initiatives at national level and at the level of functional airspace blocks and shall be executed in a manner which respects the separation of regulatory and operational tasks . ### the air traffic management network services shall allow optimum and flexible use of airspace and ensure that airspace users can operate preferred trajectories , while allowing maximum access to airspace and air navigation services . these network services shall be aimed at supporting initiatives at national level and at the level of functional airspace blocks and shall be executed in a manner which respects the separation of regulatory and operational tasks .


### optimisation of airspace design in co - operation with the air navigation service providers and functional airspace blocks referred to in article 16 ; ### optimisation of airspace design , including airspace sectors and airspace structures in the en - route and terminal areas , in co - operation with the air navigation service providers and functional airspace blocks referred to in article 16 ;


### the commission may , and in conformity with the implementing rules referred to in paragraph 4 , appoint eurocontrol , or another impartial and competent body , to carry out the tasks of the network manager . these tasks shall be executed in an impartial and cost - effective manner and performed on behalf of member states and stakeholders . they shall be subject to appropriate governance , which recognises the separate accountabilities for service provision and regulation , taking into consideration the needs of the whole atm network and with the full involvement of the airspace users and air navigation service providers . by 1 january 2020 , the commission shall designate the network manager as a self - standing service provider where possible set up as an industrial partnership . ### the commission may , in conformity with the implementing rules referred to in paragraph 4 , appoint eurocontrol , or another impartial and competent body , to carry out the tasks of the network manager . these tasks shall be executed in an impartial and cost - effective manner and performed on behalf of the union , member states and stakeholders . they shall be subject to appropriate governance which recognises the separate accountabilities for service provision and regulation , taking into consideration the needs of the whole atm network and with the full involvement of the airspace users and air navigation service providers . by 1 january 2016 , the commission shall designate the network manager as a self - standing service provider , where possible set up as an industrial partnership .


### aspects of airspace design other than those referred to in paragraphs 2 and 4 shall be dealt with at national level or at the level of functional airspace blocks . this design process shall take into account traffic demands and complexity , national or functional airspace block performance plans and shall include full consultation of relevant airspace users or relevant groups representing airspace users and military authorities as appropriate . ### aspects of airspace design other than those referred to in paragraph 2 and point of paragraph 4 shall be dealt with at national level or at the level of functional airspace blocks . this design process shall take into account traffic demands and complexity and local performance plans , and shall include full consultation of relevant airspace users or relevant groups representing airspace users and military authorities as appropriate .


### neither the national supervisory authorities , acting in accordance with their national legislation , nor the commission shall disclose information of a confidential nature , in particular information about air navigation service providers , their business relations or their cost components . ### neither the national aviation authorities , acting in accordance with their national legislation , nor the commission shall disclose information of a confidential nature , in particular information about air navigation service providers , their business relations or their cost components .


### paragraph 1 shall be without prejudice to the right of disclosure by national supervisory authorities or the commission where this is essential for the fulfilment of their duties , in which case such disclosure shall be proportionate and shall have regard to the legitimate interests of air navigation service providers , airspace users , airports or other relevant stakeholders in the protection of their business secrets . ### paragraph 1 shall be without prejudice to the right of disclosure by national aviation authorities or the commission where this is essential for the fulfilment of their duties , in which case such disclosure shall be proportionate and shall have regard to the legitimate interests of air navigation service providers , airspace users , airports or other relevant stakeholders in the protection of their business secrets .


### the national supervisory authority issuing the certificate ; ### the national aviation authority issuing the certificate ;


### having regard to the treaty on the functioning of the european union , and in particular article 172 thereof , ### having regard to the treaty on the functioning of the european union , and in particular articles 172 , 174 and 349 thereof ,


### the commission has committed to mainstream climate change into union spending programmes and to direct at least 20% of the union budget to climate - related objectives . it is important to ensure that climate change mitigation and adaptation as well as risk prevention and management are promoted in the preparation , design and implementation of projects of common interest . infrastructure investments covered by this regulation should contribute to promoting the transition to a low - carbon and climate - and disaster - resilient economy and society . ### the commission has committed to mainstream climate change into union spending programmes and to direct at least 20% of the union budget to climate - related objectives . it is important to ensure that climate change mitigation and adaptation as well as risk prevention and management are promoted in the preparation , design and implementation of projects of common interest and that priority is therefore given to electricity interconnection investments . infrastructure investments covered by this regulation should contribute to promoting the transition to a low - carbon and climate - and disaster - resilient economy and society and minimise support for long - term high - carbon projects which lock in fossil fuels into our energy system for several decades and undermine the eu ' s 2020 and 2050 climate targets .


### on 28 march 2011 , the commission adopted the white paper ' a roadmap to a single transport area ― towards a competitive and resource - efficient transport system ' . the white paper aims at reducting by at least 60% the greenhouse gas emissions of the transport sector by 2050 with respect to 1990 . as far as infrastructure is concerned , the white paper aims at establishing a fully functional and union - wide multimodal ten - t ‘ core network’ by 2030 . the white paper also aims at optimising the performance of multimodal logistic chains , including by making greater use of more energy - efficient modes . therefore , it sets the following relevant targets for ten - t policy : 30% of road freight over 300 km should shift to other modes by 2030 , and more than 50% by 2050 ; the length of the existing high - speed rail network should triple by 2030 and by 2050 the majority of medium - distance passenger transport should go by rail ; by 2050 , all core network airports should be connected to the rail network ; all seaports to the rail freight and , where possible , to the inland waterway system . ### on 28 march 2011 , the commission adopted the white paper ' a roadmap to a single transport area ― towards a competitive and resource - efficient transport system ' . the white paper aims at reducting by at least 60% the greenhouse gas emissions of the transport sector by 2050 with respect to 1990 . as far as infrastructure is concerned , the white paper aims at establishing a fully functional and interoperable union - wide multimodal ten - t ‘ core network’ by 2030 . rail interoperability could be enhanced by innovative solutions that improve compatibility between the involved systems such as on - board equipment and multi - gauge rail tracks . the white paper also aims at optimising the performance of multimodal logistic chains , including by making greater use of more energy - efficient modes . therefore , it sets the following relevant targets for ten - t policy : 30% of road freight over 300 km should shift to other modes by 2030 , and more than 50% by 2050 ; the length of the existing high - speed rail network should triple by 2030 and by 2050 the majority of medium - distance passenger transport should go by rail ; by 2050 , all core network airports should be connected to the rail network ; all seaports to the rail freight and , where possible , to the inland waterway system .


### on 28 march 2011 , the commission adopted the white paper ' ' a roadmap to a single transport area ― towards a competitive and resource - efficient transport system ' ' . the white paper aims at reducting by at least 60% the greeenhouse gas emissions of the transport sector by 2050 with respect to 1990 . as far as infrastructure is concerned , the white paper aims at establishing a fully functional and union - wide multimodal ten - t ‘ core network’ by 2030 . the white paper also aims at optimising the performance of multimodal logistic chains , including by making greater use of more energy - efficient modes . therefore , it sets the following relevant targets for ten - t policy : 30% of road freight over 300 km should shift to other modes by 2030 , and more than 50% by 2050 ; the length of the existing high - speed rail network should triple by 2030 and by 2050 the majority of medium - distance passenger transport should go by rail ; by 2050 , all core network airports should be connected to the rail network ; all seaports to the rail freight and , where possible , to the inland waterway system . ### on 28 march 2011 , the commission adopted the white paper ' ' a roadmap to a single transport area ― towards a competitive and resource - efficient transport system ' ' . the white paper aims at reducing by at least 60% the greenhouse gas emissions of the transport sector by 2050 with respect to 1990 . as far as infrastructure is concerned , the white paper aims at establishing a fully functional and interoperable union - wide multimodal ten - t ‘ core network’ by 2030 . the white paper also aims at optimising the performance of multimodal logistic chains , including by making greater use of more energy - efficient modes . therefore , it sets the following relevant targets for ten - t policy : 30% of road freight over 300 km should shift to other modes by 2030 , and more than 50% by 2050 ; the length of the existing high - speed rail network should triple by 2030 and by 2050 the majority of medium - distance passenger transport should go by rail ; by 2050 , all core network airports should be connected to the rail network ; all seaports to the rail freight and , where possible , to the inland waterway system .


### on the basis of the objectives set by the white paper , the ten - t guidelines as laid down in regulation no xxx / 2012 of the european parliament and of the council of … identify the infrastructure of the trans - european transport network , specify the requirements to be fulfilled by it and provide for measures for their implementation . the guidelines envisage in particular the completion of the core network by 2030 . ### on the basis of the objectives set by the white paper , the ten - t guidelines as laid down in regulation no xxx / 2012 of the european parliament and of the council of … identify the infrastructure of the trans - european transport network , specify the requirements to be fulfilled by it and provide for measures for their implementation . the guidelines envisage in particular the completion of the core network by 2030 through the creation of new infrastructure as well as the revitalisation and upgrading of existing infrastructure .


### on the basis of the objectives set by the white paper , the ten - t guidelines as laid down in regulation no xxx / 2012 of the european parliament and of the council of … identify the infrastructure of the trans - european transport network , specify the requirements to be fulfilled by it and provide for measures for their implementation . the guidelines envisage in particular the completion of the core network by 2030 . ### on the basis of the objectives set by the white paper , the ten - t guidelines as laid down in regulation no xxx / 2012 of the european parliament and of the council of … identify the infrastructure of the trans - european transport network , specify the requirements to be fulfilled by it and provide for measures for their implementation . the guidelines envisage in particular the completion of the core network by 2030 through the creation of new infrastructure as well as the rehabilitation and upgrading of existing infrastructure .


### based on an analysis of the transport infrastructure plans of member states , the commission estimates that investment needs in transport amount to eur 500 billion in the entirety of the ten - t network for the period 2014 - 2020 , of which an estimated eur 250 billion will need to be invested in the core network of the ten - t . given the resources available at union level , concentration on the projects with the highest european added value is necessary to achieve the desired impact . support should therefore be focussed on the core network and on the projects of common interest in the field of traffic management systems . ### based on an analysis of the transport infrastructure plans of member states , the commission estimates that investment needs in transport amount to eur [ 500 ] billion in the entirety of the ten - t network for the period 2014 - 2020 , of which an estimated eur [ 250 ] billion will need to be invested in the core network of the ten - t . given the resources available at union level , concentration on the projects with the highest european added value is necessary to achieve the desired impact . support should therefore be focussed on the core network , without excluding support for the comprehensive network , which may effectively increase social and territorial cohesion and improve accessibility throughout the union , as well as on the projects of common interest in the field of traffic management systems .


### experience with the current financial framework shows that many member states , which are eligible to the cohesion fund , are facing significant obstacles in delivering on time complex cross - border transport infrastructure projects with a high union added value . therefore , in order to improve the delivery of transport projects , in particular cross - border ones , with a high union added value , part of the cohesion fund allocation should be transferred to finance transport projects on the transport core network in the member states eligible to the cohesion fund under the connecting europe facility . the commission should support member states eligible to the cohesion fund to develop an adequate pipeline of projects in order to give greatest possible priority to the national allocations under the cohesion fund . ### experience with the current financial framework shows that many member states , which are eligible to the cohesion fund , are facing significant obstacles in delivering on time complex cross - border transport and energy infrastructure projects with a high union added value . therefore , in order to improve the delivery of these projects , in particular cross - border ones , with a high union added value , the cohesion fund allocation should be distributed to both transport and energy projects in the member states eligible to the cohesion fund under the connecting europe facility . the commission should support member states eligible to the cohesion fund to develop an adequate pipeline of projects in order to give greatest possible priority to the national allocations under the cohesion fund .


### experience with the current financial framework shows that many member states , which are eligible to the cohesion fund , are facing significant obstacles in delivering on time complex cross - border transport infrastructure projects with a high union added value . therefore , in order to improve the delivery of transport projects , in particular cross - border ones , with a high union added value , part of the cohesion fund allocation should be transferred to finance transport projects on the transport core network in the member states eligible to the cohesion fund under the connecting europe facility . the commission should support member states eligible to the cohesion fund to develop an adequate pipeline of projects in order to give greatest possible priority to the national allocations under the cohesion fund . ### experience with the current financial framework shows that many member states , which are eligible to the cohesion fund , are facing significant obstacles in delivering on time complex cross - border transport infrastructure projects with a high union added value . therefore , in order to improve the delivery of transport projects , in particular cross - border ones , with a high union added value , part of the cohesion fund allocation should be transferred to finance transport projects on the transport core network in the member states eligible to the cohesion fund under the connecting europe facility . the commission should , via technical assistance measures , support member states eligible to the cohesion fund to develop an adequate pipeline of projects in order to give greatest possible priority to the national allocations under the cohesion fund . special attention should be awarded to the difficulties that some member states might encounter as regards project engineering , and to geographical balance in the spread of the projects .


### experience with the current financial framework shows that many member states , which are eligible to the cohesion fund , are facing significant obstacles in delivering on time complex cross - border transport infrastructure projects with a high union added value . therefore , in order to improve the delivery of transport projects , in particular cross - border ones , with a high union added value , part of the cohesion fund allocation should be transferred to finance transport projects on the transport core network in the member states eligible to the cohesion fund under the connecting europe facility . the commission should support member states eligible to the cohesion fund to develop an adequate pipeline of projects in order to give greatest possible priority to the national allocations under the cohesion fund . ### experience with the current financial framework shows that some member states , which are eligible to the cohesion fund , are facing significant obstacles in delivering on time complex cross - border transport infrastructure projects with a high union added value . therefore , in order to improve the delivery of transport projects , in particular cross - border ones , with a high union added value , part of the cohesion fund allocation should be transferred to finance transport projects on the transport core network in the member states eligible to the cohesion fund under the connecting europe facility . until 31 december 2016 , the selection of projects should fully respect the national allocations under cohesion fund . as from the 1st of january 2017 , resources not yet committed to a transport infrastructure project should be made available to all member states eligible to the cohesion fund under the rules of this regulation . greatest possible priority should be ensured for projects respecting the national allocations under the cohesion fund . the commission should support member states eligible to the cohesion fund to develop and implement projects of european added value listed in the annex of this regulation .


### the 4 february 2011 european council called upon the commission to streamline and improve authorisation procedures and to promote a regulatory framework attractive to investment . the european council underlined that the bulk of the investment would have to be delivered by the market with costs recovered through tariffs . the european council recognised that public finance was needed for projects required from a security of supply or solidarity perspective , which were unable to attract market based financing . ### the 4 february 2011 european council called upon the commission to streamline , simplify , speed up and improve authorisation procedures and to promote a regulatory framework attractive to investment . the european council underlined that the bulk of the investment would have to be delivered by the market with costs recovered through tariffs . the european council recognised that public finance was needed for projects justified from a security of supply , solidarity and sustainability perspective , which were unable to attract enough market based financing .


### telecommunications are increasingly becoming internet - based infrastructures , with broadband networks and digital services closely interrelated . the internet is becoming the dominant platform for communication , offering services , and doing business . therefore the trans - european availability of fast internet access and digital services is essential for economic growth and the single market . ### telecommunications are increasingly becoming internet - based infrastructures , with broadband networks and digital services closely interrelated . the internet is becoming the dominant platform for communication , offering innovative services , and doing business . therefore the trans - european availability of fast internet access and digital services is essential for economic growth and the single market . consequently to stimulate , in accordance with the principle of technological neutrality , europe - wide deployment of fast and ultra - fast broadband networks will , in turn , facilitate the development and deployment of trans - european digital services . however this support shall not lead to market distortions and crowding out of private investment .


### telecommunications are increasingly becoming internet - based infrastructures , with broadband networks and digital services closely interrelated . the internet is becoming the dominant platform for communication , offering services , and doing business . therefore the trans - european availability of fast internet access and digital services is essential for economic growth and the single market . ### telecommunications are increasingly becoming internet - based infrastructures , with broadband networks and digital services closely interrelated . furthermore , cloud computing and software - as - a - service emerge as the new paradigms of computing . the internet is becoming the dominant platform for communication , offering private and public services , doing cross - border business and commerce . therefore the trans - european availability of ubiquitous , fast internet access and innovative digital services is essential for economic growth and the single market .


### modern , fibre - based internet networks are a crucial infrastructure for the future in terms of connectivity for european companies , in particular smes that want to use cloud computing in order to improve cost - efficiency . ### modern , fast internet networks are a crucial infrastructure for the future in terms of connectivity for european companies , in particular smes , that want to use cloud computing in order to improve cost - efficiency . in the field of telecommunications , special emphasis will be given to actions which support cloud and ultra - fast wireless networks deployment objectives .


### the europe 2020 strategy calls for the implementation of the digital agenda for europe that establishes a stable legal framework to stimulate investments in an open and competitive high speed internet infrastructure and in related services . the june 2010 european council endorsed the digital agenda for europe and called upon all institutions to engage in its full implementation . ### the europe 2020 strategy calls for the implementation of the digital agenda for europe that establishes a stable legal framework to stimulate investments in an open and competitive high speed internet infrastructure and in related services . however , targets for 2020 should be revised , aiming for europe to have the fastest broadband speeds in the world by seeking to ensure that by 2020 all europeans have access to 100 mbps and 50% of eu households have access to 1 gbits or more .


### the europe 2020 strategy calls for the implementation of the digital agenda for europe that establishes a stable legal framework to stimulate investments in an open and competitive high speed internet infrastructure and in related services . the june 2010 european council endorsed the digital agenda for europe and called upon all institutions to engage in its full implementation . ### the europe 2020 strategy calls for the implementation of the digital agenda for europe that establishes a stable legal framework to stimulate investments in an open and competitive high speed internet infrastructure and in related services that will form the basis of the digital single market . the june 2010 european council endorsed the digital agenda for europe and called upon all institutions to engage in its full implementation .


### on 31 may 2010 , the council concluded that europe should put the necessary resources into the development of a digital single market based on fast and ultra fast internet and interoperable applications and acknowledged that efficient and competitive investment in next generation broadband networks would be important for innovation , consumer choice and for the competitiveness of the union and could provide better quality of life through better health care , safer transport , new media opportunities and easier access to goods and services in particular across borders . ### on 31 may 2010 , the council concluded that europe should put the necessary resources into the development of a digital single market based on fast and ultra fast internet and interoperable applications and acknowledged that efficient and competitive investment in next generation broadband networks would be necessary for innovation , consumer choice and for the competitiveness of the union and could provide better quality of life through better health care , safer transport , new media opportunities and easier access to goods , services and knowledge in particular across borders .


### it is necessary to develop strong and coherent eu - wide networks for the digital delivery of public - good actions , involving both public and civil society actors at national and regional level , and to this end it is essential to ensure the structured eu financing of the costs of the system and software design , as well as maintenance of a resilient hub for such networks , leaving only in - country costs for national operator budgets . ### it is necessary to develop strong and coherent eu - wide networks for the digital delivery of public - good actions , involving both public and civil society actors at national and regional level , and to this end it is essential to ensure the structured eu financing of the costs of the system and software design , as well as the cybersecurity and maintenance of a resilient hub for such networks , leaving only in - country costs for national operator budgets .


### it is necessary to develop strong and coherent eu - wide networks for the digital delivery of public - good actions , involving both public and civil society actors at national and regional level , and to this end it is essential to ensure the structured eu financing of the costs of the system and software design , as well as maintenance of a resilient hub for such networks , leaving only in - country costs for national operator budgets . ### it is necessary to develop strong and coherent eu - wide networks for the digital delivery of public - good actions , involving both public and civil society actors at national , regional and local level , and to this end it is essential to ensure the structured eu financing of the costs of the system and software design , as well as maintenance of a resilient hub for such networks , leaving only in - country costs for national operator budgets .


### horizon 2020 – the future framework programme for research and innovation will focus among others on tackling societal challenges in order to respond directly to the challenges identified in the europe 2020 strategy by supporting activities covering the entire spectrum from research to market . horizon 2020 will support all stages in the innovation chain , especially activities closer to the market including innovative financial instruments . with the aim to achieve a greater impact of the union funding and in order to ensure coherence , the connecting europe facility will develop close synergies with horizon 2020 . ### horizon 2020 – the future framework programme for research and innovation will focus among others on tackling societal challenges in order to respond directly to the challenges identified in the europe 2020 strategy by supporting activities covering the entire spectrum from research to market . horizon 2020 will support all stages in the innovation chain , especially activities closer to the market including innovative financial instruments . furthermore , the european institute of innovation and technology pursues the same objectives in tackling those societal challenges , focusing on the exploitation of research results and the development innovative products and services . with the aim to achieve a greater impact of the union funding and in order to ensure coherence , the connecting europe facility will develop close synergies with horizon 2020 and the eit .


### on the basis of the sector specific guidelines laid down in separate regulations , a list of priority areas for which this regulation should apply has been drawn up and should be included in the annex . in order to take into account possible changes in political priorities and technological capabilities , as well as traffic flows , the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union should be delegated to the commission in respect of adopting amendments to the annex . it is of particular importance that the commission carry out appropriate consultations during its preparatory work , including at expert level . the commission , when preparing and drawing - up delegated acts , should ensure a simultaneous , timely and appropriate transmission of relevant documents to the european parliament and to the council . ### on the basis of the sector specific guidelines laid down in separate regulations , a list of priority areas for which this regulation should apply has been drawn up and should be included in the annex . in order to take into account possible changes in political priorities and technological capabilities , as well as traffic flows , the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union should be delegated to the commission in respect of adopting amendments to the annex . it is of particular importance that the commission carry out appropriate consultations during its preparatory work , including at expert level . the commission , when preparing and drawing them up , should ensure a simultaneous , timely and appropriate transmission of relevant documents to the european parliament and to the council .


### on the basis of the sector specific guidelines laid down in separate regulations , a list of priority areas for which this regulation should apply has been drawn up and should be included in the annex . in order to take into account possible changes in political priorities and technological capabilities , as well as traffic flows , the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union should be delegated to the commission in respect of adopting amendments to the annex . it is of particular importance that the commission carry out appropriate consultations during its preparatory work , including at expert level . the commission , when preparing and drawing - up delegated acts , should ensure a simultaneous , timely and appropriate transmission of relevant documents to the european parliament and to the council . ### on the basis of the sector specific guidelines laid down in separate regulations , a list of priority areas for which this regulation should apply has been drawn up and should be included in the annex . in order to take into account possible changes in political priorities and technological capabilities , as well as traffic flows , the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union should be delegated to the commission in respect of adopting amendments to the annex . the commission should carry out appropriate consultations during its preparatory work , including at expert level . the commission , when preparing and drawing - up delegated acts , should ensure a simultaneous , timely and appropriate transmission of relevant documents to the european parliament and to the council .


### some of the infrastructure projects of union interest might need to link with and pass through neighbourhood , pre - accession and other third countries . the connecting europe facility should offer simplified means of linking and financing these infrastructures , in order to ensure coherence between internal and external instruments of the union budget . ### some of the infrastructure projects of union interest might need to link with and pass through neighbourhood , pre - accession and other third countries . the connecting europe facility must offer simplified means of linking and financing these infrastructures , in order to ensure coherence between internal and external instruments of the union budget . there needs to be proper coordination between the commission directorates - general involved , so as to ensure that no barriers are placed in the way of these projects , in particular motorways of the seas projects .


### some of the infrastructure projects of union interest might need to link with and pass through neighbourhood , pre - accession and other third countries . the connecting europe facility should offer simplified means of linking and financing these infrastructures , in order to ensure coherence between internal and external instruments of the union budget . ### some of the infrastructure projects of union interest might need to link with and pass through neighbourhood , pre - accession and other third countries such as in the southern and eastern mediterranean , which has substantial solar energy that could be imported into the eu via long - distance electricity connections . the connecting europe facility should offer simplified means of linking and financing these infrastructures , in order to ensure coherence between internal and external instruments of the union budget .


### subject matter ### subject matter and scope


### this regulation establishes the connecting europe facility and determines the conditions , methods and procedures for providing union financial aid to trans - european networks in order to support projects in the field of transport , energy and telecommunications infrastructures . ### this regulation establishes the connecting europe facility and determines the conditions , methods and procedures for providing union financial aid to trans - european networks and the resources made available under the multiannual financial framework for 2014 - 2020 and their governing instruments , in order to support projects of common interest in the field of transport , energy and telecommunications infrastructures .


### ' studies ' means activities needed to prepare project implementation , such as preparatory , feasibility , evaluation , testing and validation studies , including in the form of software , and any other technical support measure , including prior action to define and develop a project and decide on its financing , such as reconnaissance of the sites concerned and preparation of the financial package ; ### ' studies ' means activities needed to prepare project implementation , such as preparatory , mapping , feasibility , evaluation , testing and validation studies , including in the form of software , and any other technical support measure , including prior action to define and develop a project and decide on its financing , such as reconnaissance of the sites concerned and preparation of the financial package ;


### ‘ programme support actions’ means accompanying measures necessary for the implementation of the connecting europe facility and individual sector specific guidelines , such as services , as well as preparatory , feasibility , coordination , monitoring , control , audit and evaluation activities which are required directly for the management of this facility and the achievement of its objectives , and in particular studies , meetings , information , infrastructure mapping , twinning , dissemination , awareness raising and communication actions , expenses linked to it networks focusing on information exchange , together with all other technical and administrative assistance expenses that may be required for the management of this facility or implementation of the individual sector specific guidelines ; ### ' programme support actions ' means all accompanying measures necessary for the implementation of the connecting europe facility and individual sector specific guidelines , such as services , as well as preparatory , feasibility , coordination , monitoring , control , audit and evaluation activities , which are required in order to facilitate the preparation of projects of common interests notably in cohesion countries in view of obtaining financing under this regulation or on the financial market , or directly for the management of this facility and the achievement of its objectives . this shall include in particular studies , meetings , information , infrastructure mapping , dissemination , awareness raising , communication and concerted actions , expenses linked to it networks focusing on information exchange about the facility , together with all other technical and administrative assistance expenses incurred by the commission that may be required for the management of this facility or implementation of the individual sector specific guidelines ;


### ' action ' means any activity that is necessary to implement a project of common interest and is independent financially , technically or over time ; ### ' action ' : means any activity that is necessary to implement a project of common interest and is identifiable financially and technically and has a set time frame ;


### ' implementing body ' means a public or private undertaking or body designated by a beneficiary , where the latter is a member state or an international organisation , to implement the action . such designation shall be decided by the beneficiary under its own responsibility and , if it requires the award of a procurement contract , in compliance with the applicable public procurement rules ; ### ' implementing body ' : means a public or private undertaking or body designated by a beneficiary , where the latter is a member state or an international organisation , to implement the action . such designation shall be decided by the beneficiary under its own responsibility and , if it requires the award of a procurement contract , in compliance with the applicable eu public procurement rules ;


### ' bottleneck ' means a physical barrier that leads to a system break affecting the continuity of long - distance flows . such a barrier can be absorbed by new infrastructure such as bridges or tunnels that address problems as for example gradients , curve radii , gauge . the need to upgrade existing infrastructure shall not be considered as a bottleneck ; ### ' bottleneck ' in the transport sector means a physical or technical barrier that leads to a system break or obstruction affecting the continuity of long - distance and cross - border flows . such a barrier can be absorbed by constructing new infrastructure or substantially upgrading existing infrastructure to improve its capacity , such as bridges or tunnels that address problems as for example gradients , curve radii , gauge .