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
(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 aims at supporting the concept of a progressively more integrated operating airspace within the context of the common transport policy and to establish common procedures for design, planning and management ensuring the efficient and safe performance of air traffic management. Network functions should be aimed at supporting initiatives at national level and at the level of functional airspace blocks.
(2)
The network functions should be a ‘service of general interest’ exercised for the European aviation network and contributing to the sustainable development of the air transport system by ensuring the required level of performance, compatibility and coordination of activities including those to ensure the optimal use of scarce resources.
(3)
The design of the European route network and the coordination of scarce resources according to Regulation (EC) No 551/2004 should be without prejudice to Member States’ sovereignty over their airspace and to the requirements of the Member States relating to public order, public security and defence matters according to Regulation (EC) No 549/2004.
(4)
Decision No 676/2002/EC of the European Parliament and of the Council of 7 March 2002 on a regulatory framework for radio spectrum policy in the European Community (Radio Spectrum Decision) (3) creates a policy and legal framework for that area.
(5)
An impartial and competent body (the Network Manager) should be established to perform the tasks necessary for the execution of the network functions provided for in Regulation (EC) No 551/2004.
(6)
The European route network should be designed to optimise routings from a gate-to-gate perspective in all phases of flight taking in particular into account flight efficiency and environmental aspects.
(7)
The work of the International Civil Aviation Organization (ICAO) and Eurocontrol in route design, frequency and secondary surveillance radar (SSR) transponder code management is recognised and should be used as a basis when optimising the development and operation of the network at Union level.
(8)
The obligations of the Member States towards the ICAO regarding route design, frequency and SSR transponder code management should be respected and should be implemented more effectively for the network with coordination by and support from the Network Manager.
(9)
The allocation of radio spectrum takes place in the context of the International Telecommunication Union (ITU). The Member States have a responsibility to highlight the civil aviation requirements and to subsequently use the resource allocated to general air traffic in an optimal manner.
(10)
The ICAO has developed guidance material relevant for the SSR transponder code and radio frequency functions and operates a system of registering frequency assignments for general air traffic purposes in the ICAO European region, currently facilitated by Eurocontrol.
(11)
Regulation (EC) No 551/2004 requires the adoption of detailed implementing rules to coordinate and harmonise the processes and procedures to enhance the efficiency of aeronautical frequency management and a central function to coordinate the early identification and resolution of frequency needs to support the design and operation of the network.
(12)
As air traffic flow management (ATFM) is an integral part of the network functions, an appropriate link to Commission Regulation (EU) No 255/2010 of 25 March 2010 laying down common rules on air traffic flow management (4) is required.
(13)
As the efficiency of network management depends on immediate commencement of network functions, the Member States have already entrusted Eurocontrol with the performance of ATFM.
(14)
It is beneficial to entrust a single body to coordinate the various network functions in order to develop consistent short and long term optimisation solutions at network level, compliant with the performance objectives. However, network functions should be delivered by the Network Manager and at Member State and functional airspace block level according to the responsibilities set out by this Regulation.
(15)
The Network Manager should be involved with aspects of Member State or functional airspace blocks air traffic management (ATM) plans, actions and performance, in particular when it can be expected that it has, or is likely to have, a material effect on the performance of the network.
(16)
The events linked to the eruption of the Eyjafjallajökull volcano in April 2010 have demonstrated the need to create a central entity that can take the lead in coordinating the management of mitigating measures at local, regional and network level in order to secure the provision of a timely response to future crisis situations affecting aviation.
(17)
There should be coordination between the network functions and the operations organised at level of functional airspace blocks.
(18)
Effective stakeholder consultations should take place at national, functional airspace block and network levels.
(19)
Airports being entry and exit points to the network are key contributors to overall network performance, therefore the network functions should liaise through the Union observatory on airports capacity with airport operators acting as ground coordinators with the objective to optimise capacity on the ground, thus improving the overall network capacity.
(20)
The implementation of network functions should be without prejudice to Council Regulation (EEC) No 95/93 of 18 January 1993 on common rules for the allocation of slots at Community airports (5).
(21)
Having due regard to military operation effectiveness, civil-military cooperation and coordination are of utmost importance in order to achieve the required objectives. Whilst decisions relating to the content, scope or carrying out of military operations and training performed under the operational air traffic regime, do not fall within the sphere of competence of the Union, it is important to cover the interfaces between these operations and those covered by this Regulation in the interest of safety and mutual efficiency.
(22)
The network functions should be without prejudice to Article 13 of Regulation (EC) No 549/2004 aiming at safeguarding essential security or defence policy interests or the application of flexible use of airspace provided for in Article 7 of Regulation (EC) No 551/2004.
(23)
The network functions should be provided in a cost-efficient manner, in particular avoiding any duplication of efforts, and therefore enabling the provision of these functions at reduced, or at least not higher, financial and human resources requirements in the Member States in the context of this Regulation, compared to the situation before a Network Manager was nominated.
(24)
The Commission should ensure an appropriate oversight of the Network Manager.
(25)
Safety requirements for the network functions have to be of comparable level with the European Aviation Safety Agency (the Agency) requirements on air navigation service provision. These requirements, as well as the requirements on the safety oversight, should be provided.
(26)
The consideration and involvement of third countries in the establishment and implementation of the network functions should contribute to the pan-European dimension of the single European sky.
(27)
The network functions may be expanded in accordance with Article 6 of Regulation (EC) No 551/2004.
(28)
The execution of the network functions should be subject to specific performance targets which require amendments to Commission Regulation (EU) No 691/2010 of 29 July 2010 laying down a performance scheme for air navigation services and network functions and amending Regulation (EC) No 2096/2005 laying down common requirements for the provision of air navigation services (6). Those specific performance targets may be further developed based on practical experience with the execution of the performance scheme.
(29)
Regulation (EU) No 691/2010 should therefore be amended accordingly.
(30)
The measures provided for in this Regulation are in accordance with the opinion of the Single Sky Committee,
HAS ADOPTED THIS REGULATION:
CHAPTER I
GENERAL PROVISIONS
Article 1
Subject matter and scope
1. This Regulation lays down detailed rules for the implementation of air traffic management (ATM) network functions in accordance with Article 6 of Regulation (EC) No 551/2004 in order to allow optimum use of airspace in the single European sky and ensure that airspace users can operate preferred trajectories, while allowing maximum access to airspaces and air navigation services.
2. For the purpose of network management this Regulation shall apply in particular to Member States, European Aviation Safety Agency (the Agency), airspace users, air navigation service providers, airport operators, airport slot coordinators and operating organisations, at national or functional airspace block level.
3. In accordance with Article 1(3) of Regulation (EC) No 551/2004 and without prejudice to the operation of State aircraft under Article 3 of the Chicago Convention on International Civil Aviation, Member States shall apply this Regulation in airspace placed under their responsibility in ICAO EUR and AFI regions.
4. In accordance with Article 13 of Regulation (EC) No 549/2004, this Regulation shall not prevent the application of measures by a Member State to the extent to which these are needed to safeguard essential security or defence policy interests.
Article 2
Definitions
For the purposes of this Regulation, the definitions in Article 2 of Regulation (EC) No 549/2004 shall apply.
In addition, the following definitions shall apply:
(1)
‘airport operator’ means the ‘managing body of an airport’ as defined in point (j) of Article 2 of Regulation (EEC) No 95/93;
(2)
‘airport slot coordinator’ means the function established at coordinated airports in application of Regulation (EEC) No 95/93;
(3)
‘airspace design’ means a process to contribute to the achievement of network related performance targets and to cater for airspace users needs as well as to ensure or increase the established safety level and increase the airspace capacity and environmental performance through the development and implementation of advanced navigational capabilities and techniques, improved route networks and associated sectorisation, optimised airspace structures and capacity enhancing ATM procedures;
(4)
‘airspace reservation’ means a defined volume of airspace temporarily reserved for exclusive or specific use by categories of users;
(5)
‘airspace restriction’ means a defined volume of airspace within which, variously, activities dangerous to the flight of aircraft may be conducted at specified times (a ‘danger area’); or such airspace situated above the land areas or territorial waters of a State, within which the flight of aircraft is restricted in accordance with certain specified conditions (a ‘restricted area’); or such airspace situated above the land areas or territorial waters of a State, within which the flight of aircraft is prohibited (a ‘prohibited area’);
(6)
‘airspace structure’ means a specific volume of airspace designed to ensure the safe and optimal operation of aircraft;
(7)
‘airspace utilisation’ means the way that airspace is operationally used;
(8)
‘airspace users’ representative’ means any legal person or entity representing the interests of one or several categories of users of air navigation services;
(9)
‘aviation frequency band’ means an entry in the ITU Radio Regulations Table of Frequency Allocations of a given frequency band in which frequency assignments are made for the purpose of general air traffic;
(10)
‘ATC sector’ means a defined volume of airspace for which an associated controller(s) has ATC responsibility at any given time;
(11)
‘air traffic service route (ATS route)’ means a specified part of the airspace structure designed for channelling the flow of traffic as necessary for the provision of air traffic services;
(12)
‘civil-military coordination’ means the interaction between civil and military authorities and components of air traffic management necessary to ensure safe, efficient and harmonious use of the airspace;
(13)
‘conditional route (CDR)’ means an ATS route that is only available for flight planning and use under specified conditions;
(14)
‘cooperative decision making’ means a process in which decisions are made based on a constant interaction and consultation with Member States, operational stakeholders and other actors as appropriate;
(15)
‘network crisis’ means a state of inability to provide air navigation service at required level resulting in a major loss of network capacity, or a major imbalance between network capacity and demand, or a major failure in the information flow in one or several parts of the network following an unusual and unforeseen situation;
(16)
‘European Route Network Improvement Plan’ means the plan developed by the Network Manager in coordination with the operational stakeholders that includes the result of its operational activities with respect to route network design on short and medium terms in accordance with the guiding principles of the Network Strategy Plan;
(17)
‘Free Route Airspace’ means a specific airspace within which users can freely plan their routes between an entry point and an exit point without reference to the ATS route network;
(18)
‘frequency assignment’ means authorisation given by a Member State to use a radio frequency or radio frequency channel under specified conditions;
(19)
‘impact on the network’ means in the context of the radio frequency function set out in Annex II a situation when a radio frequency assignment will degrade, obstruct or interrupt the functioning of one or more radio frequency assignments of the network, or will counter the optimal use of aviation frequency bands within the scope of this Regulation;
(20)
‘multiple route options’ means the availability to the airspace user of more than one routing option on the ATS route network;
(21)
‘third countries’ means non-Member States that are members of Eurocontrol or have concluded an agreement with the Union on the implementation of the single European sky or are participating in a functional airspace block;
(22)
‘Network Manager’ means the body established under Article 6 of Regulation (EC) No 551/2004 to perform the duties provided for in that Article and this Regulation;
(23)
‘Network Operations Plan’ means the plan developed by the Network Manager in coordination with the operational stakeholders to organise its operational activities in the short and medium term in accordance with the guiding principles of the Network Strategic Plan. For the European route network design (ERND)-specific part of the Network Operations Plan, it includes the European Route Network Improvement Plan;
(24)
‘Network Strategy Plan’ means the plan developed by the Network Manager, consistent with the European ATM Master Plan, in coordination with Member States and the operational stakeholders defining the guiding principles for the network operation and its long term perspective;
(25)
‘operating organisation’ means an organisation responsible for the provision of engineering and technical services supporting air traffic, communication, navigation or surveillance services;
(26)
‘operational requirements’ means the requirements of the network in terms of safety, capacity and efficiency;
(27)
‘operational stakeholders’ means the civil and military airspace users, civil and military air navigation service providers, airport operators, airport slot coordinators and operating organisations and any additional stakeholder groups considered relevant for the individual functions;
(28)
‘sector configuration’ means a scheme combining sectors that are constructed and best placed to satisfy the operational requirements and airspace availability;
(29)
‘user required route’ means the desirable routing that is declared by the aircraft operators at the airspace design stage to meet their needs.
CHAPTER II
ORGANISATION AND MANAGEMENT OF NETWORK FUNCTIONS
Article 3
Establishment of a Network Manager
1. For the purpose of the performance of the tasks necessary for the execution of functions provided for in Article 6 of Regulation (EC) No 551/2004 and in the Annexes to this Regulation, an impartial and competent body (the Network Manager) shall be established.
2. The length of the term of the Network Manager shall coincide with the reference periods for the performance scheme provided for in Article 7(1) of Regulation (EU) No 691/2010. It shall be sufficiently long to enable maturity to develop in performance of these functions. It shall not be shorter than two reference periods and may be renewed.
3. The nomination of the Network Manager shall take the form of a Commission Decision after consultation of the Single Sky Committee in accordance with Article 5(3) of Regulation (EC) No 549/2004 and not later than 3 months after the adoption of this Regulation. That Decision shall include the terms and conditions of the nomination, including the financing and the conditions of its withdrawal. The Commission shall assess compliance with those conditions at the end of each reference period referred to in paragraph 2.
4. The Network Manager shall perform the following functions:
(a)
the design of the European Route Network as set out in Annex I;
(b)
the coordination of scarce resources, in particular:
(i)
radio frequencies within aviation frequency bands used by general air traffic as set out in Annex II;
(ii)
SSR transponder codes as set out in Annex III.
The Commission may add other functions to the Network Manager under Articles 6(3) or (4)(c) of Regulation (EC) No 551/2004.
5. The Network Manager shall also perform the ATFM function referred to in Article 6(6) of Regulation (EC) No 551/2004 and in Regulation (EU) No 255/2010.
Article 4
Tasks of the Network Manager
1. To support the execution of the functions listed in Article 3, the Network Manager shall perform the following tasks, with a view to a continuous improvement of the network operations in the single European sky contributing to the European Union-wide performance targets provided for in Regulation (EU) No 691/2010, and in particular:
(a)
develop, maintain and implement a Network Strategy Plan specified in Article 5, in compliance with the performance scheme provided for in Regulation (EU) No 691/2010 and the European ATM master plan and taking into account any relevant ICAO Air Navigation Plans;
(b)
detail the Network Strategy Plan through a Network Operations Plan, as further specified in Article 6, addressing in particular European Union-wide performance targets covering 3 to 5 year, annual, seasonal, weekly and daily periods;
(c)
develop an integrated European Route Network Design set out in Annex I;
(d)
provide the central function for the coordination of radio frequencies as required by Article 6(4)(b) of Regulation (EC) No 551/2004 and set out in Annex II to this Regulation;
(e)
coordinate the improvement of the SSR transponder code allocation process set out in Annex III;
(f)
organise the management and operation of the functions and execute in particular the obligations of the Central Unit for ATFM;
(g)
provide a consolidated and coordinated approach to all planning and operational activities of the network, including monitoring and improvement of its overall performance;
(h)
provide support for network crisis management;
(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 European ATM master plan;
(j)
provide support to entities entrusted with the investigation of civil aviation accidents and incidents or with the analysis of occurrences as requested by those entities; within the scope of Regulation (EU) No 996/2010 of the European Parliament and of the Council (7);
(k)
ensure coordination with other regions and third countries which do not participate in the work of the Network Manager.
2. The Network Manager shall contribute to the implementation of the performance scheme in accordance with Regulation (EU) No 691/2010.
3. To fulfil its tasks, the Network Manager shall ensure the following:
(a)
the availability, operations and sharing of tools, processes and consistent data to support the cooperative decision-making process at network level, including but not limited to, flight plan processing and data management systems;
(b)
the facilitation and coordination between operational stakeholders and support to these stakeholders in the deployment and implementation of the plans and the related network measures following cooperative decision-making;
(c)
the appropriate operational coordination, as well as optimisation, interoperability and interconnectivity within its area of responsibility;
(d)
the coordination of proposals for amendments to the appropriate ICAO documents relating to the network functions;
(e)
the reporting in accordance with Article 20 of all operational performance aspects, including scarce resources;
(f)
an appropriate liaison with other modes of transport.
4. The Network Manager shall comply with ad hoc requests for information, advice, analysis or other similar ancillary tasks linked to the various functions on request of the Commission or the Agency.
Article 5
Network Strategy Plan
1. To guide its long term perspective, the Network Manager shall develop, maintain and implement a Network Strategy Plan, which shall be aligned with the reference period provided for in Article 7(1) of Regulation (EU) No 691/2010. It shall contain the performance plan and targets for the next reference period and shall give an outlook for future reference periods.
2. The Network Strategy Plan shall provide information set out in Annex IV.
3. The Network Strategy Plan shall aim at achieving the performance targets for network functions provided for in Regulation (EU) No 691/2010.
4. The Network Strategy Plan shall be updated if appropriate.
Article 6
Network Operations Plan
1. To implement the Network Strategy Plan at operational level the Network Manager shall develop a detailed Network Operations Plan.
2. The Network Operations Plan shall provide the information set out in Annex V.
3. The Network Operations Plan shall in particular lay down measures for the achievement of the European Union-wide performance targets provided for in Regulation (EU) No 691/2010 covering a 3 to 5 year, an annual, a seasonal, a weekly and a daily period.
4. The Network Operations Plan shall include military requirements if provided by Members States.
5. The Network Operations Plan shall include the European Route Network Improvement Plan and the equivalent for radio frequencies and the SSR transponder codes.
6. The Network Operations Plan shall identify operational constraints, bottlenecks, measures of improvement and solutions for remediation or mitigation.
7. Air navigation service providers, functional airspace blocks and airport operators shall ensure that their operation plans are aligned with the Network Operations Plan. The Network Manager shall ensure the coherence of the Network Operations Plan.
8. The Network Operations Plan shall be updated at regular intervals, taking into account all relevant developments in the needs and requirements of the network functions.
Article 7
Competences of the Network Manager
1. Without prejudice to the responsibilities of the Member States, the Network Manager shall, in the execution of its tasks, adopt individual measures which result from the cooperative decision-making process. The parties concerned with those measures shall implement them.
2. Where a Member State’s responsibilities prevent the adoption of such individual measures, the Network Manager shall refer such a case to the Commission for further consideration.
3. The Network Manager shall also recommend measures on other issues required by the performance of the network.
4. The Network Manager shall take, in its area of responsibility, measures aiming to ensure that applicable European Union-wide performance targets referred to in Article 9 of Regulation (EU) No 691/2010 are met.
5. The Network Manager shall collect, consolidate and analyse all relevant data identified in Annexes I to VI. It shall provide this data to the Commission, the Agency or Performance Review Body provided for in Regulation (EU) No 691/2010 as requested.
Article 8
Relations with operational stakeholders
1. In order to perform its tasks of monitoring and improvement of the overall performance of the network, the Network Manager shall develop appropriate working arrangements, provided for in Article 15, with the operational stakeholders.
2. The operational stakeholders shall ensure that the measures implemented at local or functional airspace block level are compatible with those adopted, through the cooperative decision-making process, at network level.
3. The operational stakeholders shall provide the Network Manager with the relevant data listed in Annexes I to VI, complying with any deadlines, completeness requirements or accuracy requirements agreed with the Network Manager for its delivery.
4. Operational stakeholders concerned with the individual measures taken by the Network Manager under Article 7(1) may request the revision of such measures within 5 working days of their adoption. The request of revision shall not suspend the individual measures.
5. The Network Manager shall confirm or modify the measures concerned within 5 working days or within 48 hours in case of network crisis.
Article 9
Relations with Member States
1. In the execution of its tasks, the Network Manager shall take due consideration of the responsibilities of the Member States.
2. Member States shall inform the Network Manager where their sovereignty and responsibilities prevent the adoption of individual measures under Article 7(1).
3. When Member States are involved in operational issues related to the network functions they shall be part of the cooperative decision-making process and shall implement the results agreed in this process at national level.
Article 10
Relations with functional airspace blocks
1. Member States shall ensure close cooperation and coordination between the functional airspace block and the Network Manager, such as in strategic planning level and tactical daily flow and capacity management.
2. In order to facilitate operational interconnectivity between functional airspace blocks, the Network Manager shall establish, in close cooperation with all the functional airspace blocks, harmonised processes, procedures and interfaces including changes on aspects related to activities of the Network Manager.
3. Member States cooperating in a functional airspace block shall ensure that consolidated views are formulated related to the network functions.
4. Air navigation service providers cooperating in a functional airspace block shall ensure that consolidated views are formulated related to operational issues of the network functions.
5. Before the establishment of a functional airspace block, Member States and air navigation service providers shall cooperate in such a way that consolidated views are formulated on aspects related to activities of the Network Manager.
Article 11
Civil-military cooperation
1. The Network Manager shall ensure that appropriate arrangements are in place to allow and support adequate coordination with national military authorities.
2. The Member States shall ensure appropriate military involvement in all activities related to the network functions.
3. The Member States shall ensure appropriate representation of the military air navigation service providers and military airspace users in all operational working and consultation arrangements established by the Network Manager.
4. The function of European Route Network Design shall be executed without prejudice to the reservations or restrictions of a volume of airspace for exclusive or specific use by the Member States. The Network Manager shall encourage and coordinate the availability of conditional routes through those areas in accordance with Commission Regulation (EC) No 2150/2005 (8).
Article 12
General requirements for network functions
The Network Manager shall ensure that the general requirements for network functions set out in Annex VI are met. Those requirements shall apply as from the date of adoption of the nomination Decision and the Network Manager shall comply with them within 12 months after such date.
CHAPTER III
GOVERNANCE OF NETWORK FUNCTIONS
Article 13
Cooperative decision-making
1. Network functions shall be managed through cooperative decision-making.
2. A cooperative decision-making process shall include:
(a)
a consultation process provided for in Article 14;
(b)
detailed working arrangements and processes for operations provided for in Article 15.
3. In order to adopt measures related to the governance of the network functions and to monitor their performance the Network Manager shall establish a Network Management Board provided for in Article 16.
4. Where the Network Manager finds its actions hindered by one or several parties, the matter shall be referred to the Network Management Board for resolution.
Article 14
Consultation process
1. A process shall be established to organise the appropriate and regular consultation of the Member States and operational stakeholders.
2. The consultation shall focus on the detailed working arrangements provided for in Article 15, the Network Strategy Plan, the Network Operations Plan, progress in the implementation of the plans, reports to the Commission and on operational issues as appropriate.
3. The consultation process may vary depending on the nature of the individual network functions. In order to ensure that regulatory issues can be addressed, Member States shall be involved when required.
4. Where stakeholders are not satisfied with the consultation, the issue shall first be referred to the appropriate consultation arrangement at individual function level. Where resolution of the issue cannot be reached at individual function level, the matter shall be referred to the Network Management Board for resolution.
Article 15
Detailed working arrangements and processes for operations
1. The Network Manager shall develop detailed working arrangements and processes for operations to address planning and operational aspects, taking into account, in particular, the specificity and requirements of the individual network functions as specified in Annexes I to VI.
2. The Network Manager shall ensure that the detailed working arrangements and processes for operations contain rules for notification of interested parties concerned.
3. These detailed working arrangements and processes for operations need to respect the separation of service provision and regulatory issues and to ensure that Member States are involved, when required.
Article 16
Network Management Board
1. The Network Management Board shall be responsible for:
(a)
endorsing the Network Strategy Plan prior to adoption in accordance with Article 5(3) of Regulation (EC) No 549/2004;
(b)
approving the 3 to 5 year and the annual Network Operations Plans;
(c)
approving the cooperative decision-making processes, the consultation processes as well as detailed working arrangements and processes for operations for the network functions, after a positive opinion of the Single Sky Committee;
(d)
approving the Rules of Procedure of the European Aviation Crisis Coordination Cell provided for in Article 18(4), after a positive opinion of the Single Sky Committee;
(e)
monitoring progress in the implementation of the plans and addressing any potential deviations from initial plans;
(f)
monitoring the consultation process of operational stakeholders;
(g)
monitoring activities related to the management of the network functions;
(h)
monitoring Network Manager activities related to network crises;
(i)
approving the annual report referred to in Article 20. This report shall include, but not be limited to, the implementation of the Network Strategy Plan and the Network Operations Plan;
(j)
addressing issues which were not solved at individual network function level;
(k)
assessing if the Network Manager has the appropriate competences, resources and impartiality to carry out independently the tasks assigned to it, including security, liability and contingency arrangements;
(l)
endorsing the Network Managers annual budget, after a positive opinion of the Single Sky Committee;
(m)
approving its Rules of Procedure, after a positive opinion of the Single Sky Committee;
(n)
addressing any additional subject it identifies as relevant.
2. The following shall be voting members of the Network Management Board:
(a)
one representative of air navigation service providers per functional airspace block, established or under establishment, with a total number of four votes for all air navigation service providers;
(b)
four representatives of commercial and non-commercial civil airspace users;
(c)
two representatives of the airport operators;
(d)
two representatives of the military as air navigation service providers and airspace users.
3. The following shall also be members of the Network Management Board:
(a)
the chairperson, appointed on the basis of technical competence and expertise upon a proposal by the Commission, based in particular on proposals from the voting members of the Network Management Board, and after a positive opinion of the Single Sky Committee;
(b)
one representative of the Commission;
(c)
one representative of Eurocontrol;
(d)
one representative of the Network Manager.
4. Members shall have an alternate.
5. The voting members of the Network Management Board shall be appointed, upon proposals from their organisations, after a positive opinion of the Single Sky Committee.
6. The Commission may appoint independent and recognised experts as advisors who shall serve in their personal capacity and represent a broad range of disciplines encompassing major aspects of the network functions. States participating in the work of the Network Manager shall propose candidates to that effect.
7. The members listed in points (a), (b) and (c) of paragraph 3 shall have the right to reject proposals which impact on:
(a)
sovereignty and responsibilities of Member States, in particular relating to public order, public security and defence matters, as set out in Article 13 of Regulation (EC) No 549/2004;
(b)
the compatibility of Network Management Board activities with the aims and objectives of this Regulation;
(c)
the impartiality and equity of the Network Management Board.
8. The documents referred to in paragraph 1 shall be adopted by the Network Management Board by simple majority of its voting members.
9. Where agreement cannot be reached on issues of major network significance, the Network Management Board shall refer the case to the Commission for further action. The Commission shall inform the Single Sky Committee.
Article 17
Role of the Single Sky Committee
1. The Network Manager shall refer regulatory issues to the Commission; the Commission shall inform the Single Sky Committee of those issues.
2. The Single Sky Committee shall give an opinion on:
(a)
the nomination of the Network Manager;
(b)
the appointment of the chairperson of the Network Management Board;
(c)
the appointment of the voting members of the Network Management Board;
(d)
the Rules of Procedure of the Network Management Board;
(e)
the Network Strategy Plan, and in particular the objectives of this plan at an early stage;
(f)
the annual budget of the Network Manager;
(g)
the Rules of Procedure of the European Aviation Crisis Coordination Cell;
(h)
the cooperative decision-making processes, the consultation processes as well as the detailed working arrangements and processes for operations for the network functions.
3. The Single Sky Committee may advise the Commission when agreement cannot be reached on issues of major network significance by the Network Management Board.
CHAPTER IV
NETWORK CRISIS MANAGEMENT
Article 18
Establishment of the European Aviation Crisis Coordination Cell
1. The management of network crises shall be supported by the establishment of a European Aviation Crisis Coordination Cell (the EACCC).
2. Permanent members of the EACCC shall consist of one representative of the Member State holding the Presidency of the Council, one representative of the Commission, one representative of the Agency, one representative of Eurocontrol, one representative of the military, one representative of the air navigation service providers, one representative of airports, and one representative of the airspace users.
3. The composition of the EACCC may be enhanced on a case-by-case basis by experts depending on the nature of the specific crisis.
4. The EACCC shall prepare its Rules of Procedure for adoption by the Network Management Board.
5. The Network Manager shall make available the resources required for the establishment and operation of the EACCC.
Article 19
Responsibilities of the Network Manager and the EACCC
1. The Network Manager in conjunction with the EACCC members shall be responsible for activating and deactivating the EACCC.
2. The Network Manager, with the support of the EACCC, shall be responsible for:
(a)
coordinating the management of response to the network crisis, in accordance with the EACCC Rules of Procedure, involving close cooperation with corresponding structures in Member States;
(b)
supporting the activation and coordination of contingency plans at Member State level;
(c)
the elaboration of mitigating measures at network level to secure the provision of a timely response to such network crisis situations to protect and ensure the continued and safe operation of the network. For this purpose the Network Manager shall:
(i)
monitor the network situation with regard to network crises on a 24-hour basis;
(ii)
ensure an effective information management and communication through the dissemination of accurate, timely and consistent data to support the application of risk management principles and processes in decision-making processes;
(iii)
facilitate the organised collection and centralised storage of that data;
(d)
highlighting, where appropriate, to the Commission, the Agency or Member States opportunities for additional support for mitigation of the crisis, including liaising with operators of other modes of transport who may identify and implement intermodal solutions;
(e)
monitoring and reporting on the network recovery and sustainability.
CHAPTER V
MONITORING, REPORTING AND OVERSIGHT
Article 20
Monitoring and reporting
1. The Network Manager shall establish a process of continuous monitoring of:
(a)
the operational network performance;
(b)
the measures taken and the performance outcome achieved by the operational stakeholders and States;
(c)
the effectiveness and efficiency of each of the functions covered by this Regulation.
2. The continuous monitoring shall identify any potential deviation from the Network Strategy Plan and Network Operations Plans. The operational stakeholders shall assist the Network Manager in this task by performing certain tasks including but not limited to the provision of data.
3. The Network Manager shall submit annually a report to the Commission and the Agency on the measures taken to fulfil its tasks. The report shall address individual network functions as well as the total network situation and shall be closely linked to the content of the Network Strategy Plan and the Network Operations Plan. The Commission shall inform the Single Sky Committee.
Article 21
Oversight of the Network Manager
The Commission, assisted by the Agency in matters related to safety, shall ensure the oversight of the Network Manager, in particular in respect of the requirements contained in this Regulation and other Union legislation. The Commission shall report to the Single Sky Committee annually or when so specifically requested.
CHAPTER VI
FINAL PROVISIONS
Article 22
Relations with third countries
Third countries together with their operational stakeholders may participate in the work of the Network Manager.
Article 23
Financing of the Network Manager
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 transparent manner.
Article 24
Liability
The Network Manager shall put arrangements in place to cover liability related to the execution of its tasks. The method employed to provide the cover shall be appropriate to the potential loss and damage in question, taking into account the legal status of the Network Manager and the level of commercial insurance cover available.
Article 25
Review
The Commission shall review the effectiveness of the execution of the network functions by 31 December 2013 at the latest and regularly thereafter, taking appropriate account of the reference periods for the performance scheme provided for in Regulation (EU) No 691/2010.
Article 26
Amendments to Regulation (EU) No 691/2010
Regulation (EU) No 691/2010 is amended as follows:
(1)
in Article 3(3), the following point (m) is added:
‘(m)
the assessment of the performance plan of the Network Manager, including its consistency with the European-Union wide performance targets.’;
(2)
the following Article 5a is inserted:
‘Article 5a
Network Manager
1. The Network Manager established by Article 3 of Commission Regulation (EU) No 677/2011 (9) shall carry out the following tasks in relation to the performance scheme:
(a)
support the Commission by providing relevant input for the preparation of European Union-wide performance targets before the reference periods and for monitoring during the reference period. In particular, the Network Manager shall draw the Commission’s attention to any significant and persistent drops in operational performance;
(b)
in accordance with Article 20(5), provide access for the Commission to all data listed in Annex IV;
(c)
support Member States and air navigation service providers in reaching their performance target during reference periods;
(d)
elaborate a performance plan, which shall be adopted as part of the Network Strategy Plan before the beginning of each reference period. This performance plan shall be public and shall:
(i)
contain an environment performance target that shall be consistent with the European Union-wide performance target for the entire reference period, with annual values to be used for monitoring purposes;
(ii)
contain performance targets for other relevant key performance areas, consistent with the European Union-wide performance targets for the entire reference period, with annual values to be used for monitoring purposes;
(iii)
contain a description of the actions planned to meet the targets;
(iv)
contain, where necessary or where decided by the Commission, additional key performance indicators and targets.
(3)
in Article 17, the following paragraph 2a is inserted:
‘2a. The Commission shall monitor the implementation of the performance plan of the Network Manager. If during the reference period targets are not met, the Commission shall apply the appropriate measures specified in the performance plan with a view to rectifying the situation. For this purpose, the annual values in the performance plan shall be used.’;
(4)
in Annex III, paragraphs 3 and 4 are replaced by the following:
‘3. Environment
Route design: Not applicable during the first reference period. During the second reference period, assessment of the process on route design used in the performance plan and its consistency with the process for the development of the European Route Network Improvement Plan developed by the Network Manager.
4. Capacity
Delay level: Comparison of the expected level of en route ATFM delay used in the performance plans with a reference value provided by the capacity planning process of Eurocontrol and in the Network Operations Plan of the Network Manager.’
Article 27
Entry into force
This Regulation shall enter into force on the 20th day following 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, 7 July 2011.