# Council Decision (EU) 2015/2394Show full title

Council Decision (EU) 2015/2394 of 8 December 2015 on the position to be taken by the Member States on behalf of the European            Union, concerning the decisions to be adopted by the Permanent Commission of Eurocontrol, with regard to the roles and tasks            of Eurocontrol and on centralised services         

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U.K.

# Council Decision (EU) 2015/2394                     

# of 8 December 2015

# on the position to be taken by the Member States on behalf of the European Union, concerning the decisions to be adopted by                        the Permanent Commission of Eurocontrol, with regard to the roles and tasks of Eurocontrol and on centralised services                     

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 100(2) and Article 218(9)                           thereof,                        

Having regard to the proposal from the European Commission,

Whereas:

(1)The Permanent Commission of Eurocontrol (‘the Permanent Commission’), by its Decision No 123 of 4 December 2013, established                              a Study Group to investigate in what manner the Eurocontrol International Convention relating to Cooperation for the Safety                              of Air Navigation of 13 December 1960 (‘the Eurocontrol Convention’) may require amendment in order to reflect the evolving                              air traffic management landscape in Europe.

(2)On 19 October 2015 the Study Group tasked the Eurocontrol Agency with preparing a draft Permanent Commission Act defining                              the future roles and tasks of Eurocontrol.

(3)A draft decision of the Permanent Commission regarding the roles and tasks of Eurocontrol will be on its agenda for approval                              at its meeting on 8 and 9 December 2015.

(4)Once adopted, that decision will have legal effects. According to the applicable institutional framework, set out in the Eurocontrol                              Convention, as amended by the Protocol signed at Brussels on 12 February 1981 (‘the Amended Convention’), the Permanent Commission                              is in charge of formulating Eurocontrol's general policy. The definition of the roles and tasks will govern Eurocontrol's                              future action and will necessarily reflect what Eurocontrol considers as legitimate activity. It will be binding on all Eurocontrol                              Members, including Member States of the Union.

(5)The definition of the roles and tasks of Eurocontrol may have consequences with regard to the application of Union law and,                              in particular, the integrity of Union competences, given that Union legislation covers important areas in which Eurocontrol                              is active. In some cases, Eurocontrol's role and activity depend on decisions taken at Union level.

(6)It is therefore important to ensure that the definition of Eurocontrol's roles and tasks does not conflict with Union law,                              in particular Union competences, and that it does not prejudge future Union action.

(7)At its meeting on 8 and 9 December 2015, the Permanent Commission may also adopt a decision on centralised services. The Union                              is not currently in possession of sufficient information to evaluate the substance of such a decision, which may prejudge                              future activity conducted by Eurocontrol and in a manner that may be detrimental to the Union's activity in this field, in                              particular as regards Single European Sky Air Traffic Management Research (SESAR). A decision on this matter should thus be                              postponed.

(8)The position to be taken on the Union's behalf within the Permanent Commission should therefore be established,

HAS ADOPTED THIS DECISION:

# Article 1U.K.

The position to be taken by the Member States on behalf of the European Union in the Permanent Commission of Eurocontrol concerning                     the roles and tasks of Eurocontrol and centralised services shall be in accordance with the Annex.                  

The Member States shall act jointly in the interest of the Union.

# Article 2U.K.

This Decision shall enter into force on the date of its adoption.

Done at Brussels, 8 December 2015.

*For the Council*                            

*The President*                            

P. Gramegna                            

## ANNEXU.K.

### I.**Eurocontrol's roles and tasks**U.K.

The Union requests that the proposed text regarding the services, roles and tasks of Eurocontrol in no way affect the Union                     competences and that it not prejudge future Union action. Where specific tasks are currently performed by Eurocontrol under                     the Union legal framework on a temporary basis, those tasks shall not be presented as tasks independent of Union decisions.                  

The Union requests the following changes to the list of Eurocontrol roles and tasks set out in the annex to the Eurocontrol                     action paper CN-SG-6-2015 on the roles and tasks of the organisation of 16 November 2015:                  

As regards Article 2(1) on ‘Functions and Services’:

~~air traffic~~*central* flow management;                                    

ATM network functions *if conferred by*~~on behalf of~~ the European Union;                                    

ATM ~~functions~~*tasks* on behalf of ICAO for the EUR/NAT region;                                    

establishment, billing and collection of air navigation charges;

provision of air traffic services at MUAC, subject to the results of the discussions between the Member States and ~~EUROCONTROL~~**the Agency**;                                    

central functions and services, such as EAD, ARTAS/CAMOS, and other central services which might be entrusted to it by the                                       Permanent Commission, *in agreement****close cooperation****with the Union*.                                    

As regards Article 2(2) on ‘Roles’:

*With respect to ‘Support’*, the changes shall be as follows:                                    

support to its Member States, NSAs, ANSPs and other relevant stakeholders;

support to *the* EU ~~bodies including the provision of expertise to support regulatory activities~~ in ~~compliance~~*accordance with the High-Level Agreement between the EU and Eurocontrol of 29 October 2012*~~at the request of these bodies~~;                                             

facilitat**ion** and promo**tion of** European interests in non-ECAC states in ATM matters in close cooperation with its Member States, their ANSPs and industry                                                ~~and the EU~~, *except for areas covered by EU rules and subject to respecting EU competences*;                                             

contribution to SESAR (R & D, ATM master plan maintenance and deployment) — building upon its **expertise in** ATM ~~expertise~~, pan-European coverage, civil-military aspect and ~~central flow network~~**network** management ~~role~~, *in compliance with relevant EU legislation*;                                             

providing research and related simulation facilities, e.g. for SESAR, research activities in addition to SESAR and airspace                                                changes *in compliance with relevant EU legislation, where applicable;*                                              

offer training/education to Member State organisations.

With respect to the ‘Mechanisms for cooperation’, the changes shall be as follows:

facilitate and promote civil-military coordination on ATM/ANS developments;

support Member States in ICAO work, *subject to respecting EU competences*;                                             

cooperate with other world regions subject to agreement with Member States ensuring coordination with the EU;

international cooperation/coordination (ICAO, FAA, NATO, etc.) on behalf of its Member States, ~~other than EU Member States~~**subject to respecting EU competences**;                                             

advising ~~non-EU~~*at their request those member* states *that are not EU Member States* and have not concluded agreements with the Union, on ATM safety and performance matters, ~~making use of~~*in compliance with* ICAO *rules, in coordination with the EU and subject to respecting its competences*~~EU and EASA rules in this area to inform enhancing harmonization, safety, operational efficiency and economies of scale.~~                                              

With respect to ‘pan-European ATM data and information’ the changes shall be as follows:

collection and analysis of data, which could include performance data, safety data, etc. (in order to ‘maintain’ the systems                                                and data in support of regulatory work) *for states that are not EU Member States and, if this task is conferred to it by the EU, for EU Member States*;                                             

analysis and provision of reports (information) on the data collected (e.g. ACE, PRR) *for states that are not EU Member States and, if this task is conferred to it by the EU, for EU Member States*;                                             

run the ESSIP/LSSIP process, if conferred by the European Union;

~~including~~ reporting to ICAO on the implementation of the global air navigation plan (GANP) and aviation system block upgrades (ASBUs)                                                ~~and ensuring coordination with the EU reporting mechanisms~~*in agreement with the European Union*;                                             

collection of traffic data and provision of Statfor forecast.

### II.**Centralised services**U.K.

The Union's position is that a decision on centralised services should be postponed at this stage.

The Union is not currently in possession of sufficient information to evaluate the substance of a decision on centralised                     services. Such a decision may prejudge future activity conducted by Eurocontrol and in a manner that may be detrimental to                     the Union's activity in this field, in particular as regards Single European Sky Air Traffic Management Research (SESAR).