# Commission Implementing Regulation (EU) No 970/2014Show full title

Commission Implementing Regulation (EU) No 970/2014 of 12 September 2014 amending Regulation (EU) No 677/2011 laying down            detailed rules for the implementation of air traffic management (ATM) network functions (Text with EEA relevance)         

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U.K.

# Commission Implementing Regulation (EU) No 970/2014                     

# of 12 September 2014

# amending Regulation (EU) No 677/2011 laying down detailed rules for the implementation of air traffic management (ATM) network                        functions                     

# (Text with EEA relevance)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EC) No 549/2004 of the European Parliament and of the Council of 10 March 2004 laying down the                           framework for the creation of the single European sky (the framework Regulation)(1), and in particular Article 11 thereof,                        

Having regard to Regulation (EC) No 551/2004 of the European Parliament and of the Council of 10 March 2004 on the organisation                           and use of the airspace in the single European sky (the airspace Regulation)(2), and in particular Article 6 thereof,                        

Whereas:

(1)Regulation (EC) No 551/2004 provides that the network functions shall aim at enhancing the overall performance of the ATM                              network and at supporting initiatives at national and functional airspace block level.

(2)Pursuant to Commission Regulation (EU) No 677/2011(3), the Commission was to review the effectiveness of the execution of the network functions by 31 December 2013, taking appropriate                              account of the reference periods of the performance scheme. A first review has highlighted the need for improvement of the                              related regulatory framework in some areas, in particular the tasks, governance and budget of the Network Manager and the                              relations with third countries.

(3)The tasks given to the Network Manager require a multiannual work programme and related budget, working arrangements between                              the Network Manager and the Deployment Manager, and ad hoc activities to identify safety risks at network level. Appropriate                              arrangements should therefore be made in this connection.

(4)Strategic objectives of the Network Strategy Plan should be duly taken into account in the business plans from the operational                              stakeholders. The procedure for adopting this plan should also be clarified.

(5)The Network Management Board should be advised on operational matters by the operational stakeholders' executive managers.

(6)The Network Management Board should definitively establish the multiannual work programme of the Network Manager and the Network                              Performance Plan, on the basis of the drafts prepared by the Network Manager. The Network Performance Plan is subsequently                              to be submitted to the Commission, in accordance with Commission Implementing Regulation (EU) No 390/2013(4). The Network Management Board should also give its opinion on additional functions that might be entrusted to the Network                              Manager and on cooperative arrangements with third countries.

(7)In order to be able to mitigate the impact of a network crisis, the European Aviation Crisis Coordination Cell (EACCC) should                              liaise with a network of State focal points and perform crisis exercises to anticipate a real time network crisis.

(8)The budget of the Network Manager should be such that it allows the Network Manager to meet the targets identified in the                              performance scheme and to implement its work programme. The budget should be separately identifiable from the rest of the                              budget of the body appointed to act as the Network Manager where that body carries out any other activity.

(9)Regulation (EU) No 677/2011 should therefore be amended accordingly.

(10)The measures provided for in this Regulation are in accordance with the opinion of the Single Sky Committee established by                              Article 5 of Regulation (EC) No 549/2004,

HAS ADOPTED THIS REGULATION:

# Article 1U.K.

Regulation (EU) No 677/2011 is amended as follows:

In Article 4, paragraph 1 is amended as follows:

point (i) is replaced by the following:

## ‘(i)support the different operational stakeholders in the execution of the obligations that are placed on them, in the deployment                                             of air traffic management and/or air navigation services (ATM/ANS) systems and procedures in accordance with the ATM master                                             plan, in particular the common projects specified in Article 15a(3) of Regulation (EC) No 550/2004 of the European Parliament                                             and the Council(5);’

the following points (l) to (q) are added:

develop and maintain a work programme and associated budget providing a multiannual dimension;                                             

contribute to SESAR deployment in accordance with Commission Implementing Regulation (EU) No 409/2013(6), in particular Article 9(7)(a) thereof;                                             

execute the work programme and annual budget;                                             

draw up a Network Performance Plan in accordance with Article 6 of Implementing Regulation (EU) No 390/2013;                                             

identify operational safety hazards at network level and assess the associated network safety risk;                                             

provide the Commission with an alerting or alarming system, based on the analysis of flight plans, in order to monitor compliance                                                   with operating bans imposed on air carriers under Regulation (EC) No 2111/2005 of the European Parliament and of the Council(7) and/or with other safety and security measures.’                                             

Article 5 is amended as follows:

Paragraph 2 is replaced by the following:

‘2.The Network Strategy Plan shall be based on the indicative template set out in Annex IV. It shall be adopted by the Commission                                             in accordance with Article 5(3) of Regulation (EC) No 549/2004, after the endorsement of the draft Network Strategy Plan by                                             the Network Management Board.’                                    

The following paragraph 5 is added:

‘5.Operational stakeholders shall take due account of the Network Strategy Plan.’                                    

In paragraph 1 of Article 14 the following sentence is added:

‘A working party composed of the operational stakeholders' directors of operations and/or representatives of the corresponding                                 associations shall be established to provide operational advice to the Network Management Board.’                           

Article 16 is amended as follows:

Paragraph 1 is amended as follows:

point (a) is replaced by the following:

## ‘(a)endorsing the draft Network Strategy Plan;’

In paragraph 1, the following points are added:

approving the work programme referred to in point (l) of Article 4(1) and monitoring its implementation;                                                      

approving the Network Performance Plan referred to in point (o) of Article 4(1);                                                      

giving an opinion on possible additional functions that might be attributed to the Network Manager in application of Articles                                                            6(3) or 6(4)(c) of Regulation (EC) No 551/2004;                                                      

approving the cooperative arrangements referred to in Article 22.’                                                      

Paragraph 8 is replaced by the following:

‘8.The decisions referred to in paragraph 1, points (a) to (d), points (g), (i), (l), (m), and (o) to (r) shall be adopted by                                             the Network Management Board by simple majority of its members.’                                    

In Article 18, paragraph 2 is replaced by the following:

‘2.Permanent members of the EACCC shall consist of one representative of the Member State holding the Presidency of the Council,                                    the Commission, the Agency, Eurocontrol, the Network Manager, the military, the air navigation services providers, the airportsand                                    the airspace users.’                           

In Article 19, paragraph 2 is amended as follows:

Point (b) is replaced by the following:

## ‘(b)supporting the activation and coordination of contingency plans at Member State level in particular through a network of State                                             focal points;’

The following point is added:

## ‘(f)organising, facilitating and/or performing an agreed programme of crisis exercises involving Member States and operational                                             stakeholders to anticipate real time network crisis.’

Article 22 is replaced by the following:

## ‘Article 22Relations with third countries

1.Third countries together with their operational stakeholders may participate in the work of the Network Manager.                           

2.The Network Manager may, where it has a direct impact on the performance of the network, enter into cooperative arrangements                                    with air navigation service providers established in third countries other than those defined in Article 2(21) within the                                    ICAO EUR and AFI regions.                           

3.In order to better perform the ATFM function referred to in Article 3(5), the Network Manager may, where it has a direct impact                                    on the performance of the network, also enter into cooperative arrangements with air navigation service providers operating                                    in regions other than the ICAO EUR and AFI regions in so far that cooperation activities are directly related to improving                                    the performance of the network.’                           

Article 23 is replaced by the following:

## ‘Article 23Financing and budget of the Network Manager

1.Member States shall take the necessary measures for the funding of the network functions entrusted to the Network Manager                                    based on air navigation charges. The Network Manager shall establish its costs in a clear and transparent manner.                           

2.The budget of the Network Manager shall in particular:                           

(a)be adequate for it to be able to meet the performance targets for the Network Manager in accordance with Article 6 of Implementing                                    Regulation (EU) No 390/2013;                           

(b)be adequate for it to be able to implement the work programme of the Network Manager as referred to in Article 4(1)(l) of                                    this Regulation;                           

(c)be set in separate accounts where the body appointed to act as the Network Manager performs activities other than those referred                                    to in Article 4.                           

3.If its budget for the ongoing year is not endorsed, the Network Manager shall apply appropriate measures to ensure contingency                                    mechanisms for business continuity of network functions.’                           

# Article 2U.K.

This Regulation shall enter into force on the twentieth day following that of its publication in the *Official Journal of the European Union*.                  

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 12 September 2014.

*For the Commission*                            

*The President*                            

José Manuel Barroso                            

1

OJ L 96, 31.3.2004, p. 1.                           

2

OJ L 96, 31.3.2004, p. 20.                           

3

Commission Regulation (EU) No 677/2011 of 7 July 2011 laying down detailed rules for the implementation of air traffic management                              (ATM) network functions and amending Regulation (EU) No 691/2010 (OJ L 185, 15.7.2011, p. 1).                           

4

Commission Implementing Regulation (EU) No 390/2013 of 3 May 2013 laying down a performance scheme for air navigation services                              and network functions (OJ L 128, 9.5.2013, p. 1).                           

5

Regulation (EC) No 550/2004 of the European Parliament and the Council of 10 March 2004 on the provision of air navigation                              services in the single European sky (OJ L 96, 31.3.2004, p. 10).’                           

6

Commission Implementing Regulation (EU) No 409/2013 of 3 May 2013 on the definition of common projects, the establishment                              of governance and the identification of incentives supporting the implementation of the European Air Traffic Management Master                              Plan (OJ L 123, 4.5.2013, p. 1).                           

7

Regulation (EC) No 2111/2005 of the European Parliament and of the Council of 14 December 2005 on the establishment of a Community                              list of air carriers subject to an operating ban within the Community and on informing air transport passengers of the identity                              of the operating air carrier, and repealing Article 9 of Directive 2004/36/EC (OJ L 344, 27.12.2005, p. 15).’