Proposal for a Council Regulation (EC) No …./…. amending Council Regulation (EC) No 219/2007 on the establishment of a joint undertaking to develop the new generation European air traffic management system (SESAR)
Date: 2008-07-23
Institutions: European Commission
Subjects: air safety, air space, air traffic, air traffic control, air transport, common transport policy, joint venture

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COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 23.7.2008 
COM(2008) 483 final 

2008/0159 (CNS) 

Proposal for a 

COUNCIL REGULATION (EC) No …./…. 

amending Council Regulation (EC) No 219/2007 on the establishment of a joint 
undertaking to develop the new generation European air traffic management system 
(SESAR)  

(presented by the Commission) 

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EXPLANATORY MEMORANDUM 

1. 

CONTEXT OF THE PROPOSAL 

1.1. 

Grounds for and objectives of the proposal 

Joint Undertakings (JUs) are instruments provided for in the Treaty establishing the 
European  Community  which  enable  the  Community  to  establish  structures,  in 
particular  public-private  partnerships,  necessary  for  the  efficient  execution  of 
Community research, technological development and demonstration programmes. 

The  first  Joint  Undertaking  established  under  Article  171  of  the  Treaty  was  the 
GALILEO  Joint  Undertaking  (GJU)  created  in  20021  which  also  inspired  the 
proposal for establishing the SESAR Joint Undertaking (SJU) launched in 20052. 

However, these entities are not further defined in Community or national legislations. 
The  absence  of  a  clear  definition  of  the  legal  status  of  these  entities,  which  are 
between  a  Community  body  and  a  private  company,  has  given  rise  to  many 
difficulties in setting up their legal and administrative structure, which must comply 
with the requirements of the Community and of the hosting State. 

Under the terms of the 7th Research and Development Framework Programme (FP7) 
f  Joint  Technology  Initiatives  (JTI)  are  to  be  implemented  through  JUs  established 
under Article 171 of the Treaty. In view of the number of JTIs that were proposed 
and  the  legal  and  budgetary  implications  related  to  setting  them  up,  the  EU 
Institutions have specifically addressed the issue of better defining the status of these 
entities in order to adopt a common approach for their establishment. 

In  order  to  ensure  consistency  with  the  Community's  approach  to  the  setting  up  of 
these bodies, the SESAR Joint Undertaking should enjoy the same treatment as that 
afforded  to  similar  structures.  Moreover,  these  bodies  have  all  been  established  as 
instruments  for  implementing  FP7  and  should  therefore  all  be  governed  by  a 
coherent set of rules. The purpose of the present proposal is to align the Regulation 
and  Statutes  of  the  SESAR  Joint  Undertaking,  which  is  in  the  early  stage  of  being 
setup,  with  the  new  approach  that  the  EU  Institutions  have  adopted  for  the 
establishment of JUs. 

1.2. 

General context 

The proposal for the establishment of the SJU was presented at a time when the GJU 
was in the process of winding up its activities. Therefore, the SESAR proposal was 
also discussed in the light of the "lessons learnt" from the GJU. From the discussions 
which  took  place  during  the  legislative  procedure,  it  appeared  that  a  Joint 
Undertaking  could  not  be  regarded  as  a  Community  body  (such  as  a  Community 

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Council Regulation (EC)876/2002 of 21.05.2002, OJ L138, 28.05.2002, p.1. 
Proposal  for  a  Council  Regulation  on  the  establishment  of  a  Joint  Undertaking  to  develop  the  new 
generation European air traffic management system (SESAR), COM(2005)602 final of 25.11.2005. 

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agency)  or  an  international  organisation  because  of  the  participation  of  private 
entities.  This  meant  that  it  had  to  comply  with  the  legal  obligations  of  the  hosting 
State, although some obligations would also derive from its “Community character”. 

The  SJU  was  finally  established  by  Council  Regulation  (EC)  No  219/2007  of  27 
February 2007 and its seat was fixed in Brussels. It has two founding members: the 
Community, represented by the European Commission, and Eurocontrol, represented 
by its Agency. As the SJU is conceived as a public-private-partnership, membership 
is also open to any other public or private entity including those from third Countries. 

The legal status of the Joint Undertaking is not further defined in the Treaty or in any 
other EC or national legislative act other that the Regulations establishing the JU's. 
Therefore,  it  was  considered  that  there  was  no  legal  basis  which  could  justify 
granting this entity exemption from VAT and excise duties or benefits resulting from 
the Protocol on privileges and immunities granted  to  EU institutions  or bodies, nor 
could  its  personnel  be  exempted  from  national  taxes,  social  security  contributions 
and  similar  charges.  However,  Member  States  agreed  considering  the  scope  of  the 
SJU, to include a provision referring to a possible fiscal exemption (Article 2(2) of 
Regulation (EC) No 219/2007): "Member States shall take all possible measures to 
afford the Joint Undertaking the most extensive exemption from taxation as possible 
as  regards  to  VAT  and  other  taxes  and  duties".  This  provision  does  not  however 
constitute a binding commitment for Member States to grant the SJU any form of tax 
exemption. 

On the other hand, it is also acknowledged that the SJU is "a non profit entity which 
shall devote all its resources to the management of a public research programme of 
European interest". Its founding members are two international organisations which 
provide two thirds of its total budget from public funds dedicated to R&D activities. 

The  setting  up  of  the  SJU  was  initiated  immediately  after  the  entry  into  force  of 
Regulation  (EC)  No  219/2007.  In  2007  the  governance  (consisting  of  the 
Administrative  Board  and  the  Executive  Director)  and  an  initial  administrative 
structure  were  put  in  place  and  the  membership  process  was  launched.  Under  the 
terms  of  the  current  work  programme  the  SJU  structure  and  internal  rules  and  the 
finalisation  of  the  membership  process  are  to  be  consolidated  by  the  end  of  2008. 
The SJU's objective is to launch the development activities in 2009. 

After the presentation of the proposal for the SJU, discussions began on four other 
proposals for JU's (CLEAN SKY3, ENIAC4, IMI5 and ARTEMIS6) based on Article 
171 of the Treaty for the implementation of Joint Technology Initiatives within the 
7th Framework Programme for research and Technological development. These new 
entities  are  comparable  with  the  SJU  to  the  extent  that  they  also  carry  out  and 
manage  large  R&D  projects  involving  public  and  private  entities.  At  that  time  and 
considering  the  growing  number  of  such  initiatives,  the  amount  of  Community 

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6 

Council Regulation (EC)71/2008 of 20.12.2007, OJ L30, 4.02.2008, p.1.  
Council Regulation (EC)72/2008 of 20.12.2007, OJ L30, 4.02.2008, p.21.  
Council Regulation (EC)73/2008 of 20.12.2007, OJ L30, 4.02.2008, p.38. 
Council Regulation (EC)74/2008 of 20.12.2007, OJ L30, 4.02.2008, p.52. 

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funding  involved  and  also  the  implications  of  Article  185  of  the  Financial 
Regulations  relating  to  "bodies  set  up  by  the  Communities",  the  EU  Institutions 
acknowledged that it was necessary to better define the legal status of the JUs. A new 
approach  was  therefore  adopted  based  on  the  fact  that  JUs  can  be  set  up  as 
Community bodies. Consequently, the Protocol on the Privileges and Immunities of 
the European Communities (PPI), the Staff Regulations of Officials of the European 
Communities  and  the  provisions  of  Article  185  of  the  Financial  Regulation  could 
apply to these bodies. 

This was the approach adopted for the creation of the four new JUs mentioned above, 
which are clearly defined as Community bodies in their basic acts. This status entails 
a  number  of  privileges  and  obligations  which  have  been  defined  in  the  respective 
Regulations and Statutes of these bodies taking into account their specific nature and 
operational needs. 

1.2.1.  Existing provisions in the area of the proposal 

Since  the  establishment  of  the  SJU,  four  new  JUs  have  been  established  under 
Article 171 of the Treaty. These are: ARTEMIS, CLEAN SKY, IMI and ENIAC. 

1.2.2.  Consistency with the other policies and objectives of the Union 

The  scope  of  the  present  proposal  is  to  ensure  that  the  setting  up  of  the  SJU  is 
consistent with the approach endorsed by the Institutions for the establishment of JUs 
under Article 171 of the Treaty. The proposed adaptations of the SJU Regulation and 
its Statutes reflect the principles of the Community approach for setting up JUs and 
are  in  line  with  the  respective  provisions  of  the  Regulations  establishing  the  JUs 
mentioned in 1.2.1. 

2. 

CONSULTATION OF INTERESTED PARTIES AND IMPACT ASSESSMENT 

2.1. 

Consultation of interested parties 

2.1.1.  Consultation methods, main sectors targeted and general profile of respondents 

Not applicable 

2.1.2. 

Summary of responses and how they have been taken into account 

2.2. 

Collection and use of expertise 

Information relating to the impact of the present proposal have been provided by the 
administrative services of the SJU. The Commission Staff Working Document on the 
financial and staff implications of the Proposal for a Council Decision on Europol7 
has also been used as a reference. 

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SEC(2007)729 of 23.05.2007 

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2.3. 

Impact assessment 

The main purpose of the present proposal is to ensure a consistent approach for the 
establishment of JUs under Article 171 of the Treaty. Nevertheless, the alignment of 
the SJU Regulation and Statutes with those of the above mentioned JTIs would have 
a substantial positive financial impact on both the SJU and the SESAR development 
phase.  The  savings  which  will  result  from  this  new  statute  will  make  it  possible  to 
concentrate and optimise the use of Community funds for research, development and 
validation activities for the benefit of the entire Community which is in fact the one 
of SESAR’s objectives. 

Fiscal impact  

The  total  estimated  cost  of  the  SESAR  development  phase  over  the  period  2007-
2016  is  EUR  2.1  billion.  The  costs  will  be  supported  in  equal  parts  by  the 
Community  (EUR  700  million:  EUR  350  million  from  the  7th  R&D  framework 
programme + EUR 350 million from the Trans-European Networks Programme), by 
Eurocontrol (EUR 700 million) and by "industry" (EUR 700 million). 

While the Community's contribution to the SJU will be entirely in cash, some 90 % 
of the contributions from Eurocontrol and from industry shall be mainly in-kind.  

As the SJU was not considered to be a Community body and as Joint Undertakings 
are  not  defined  in  Belgian  law,  the  SJU  had  requested  the  Belgian  authorities  to 
determine  its  fiscal  status.  The  SJU  requested  that  it  be  considered  as  a  taxable 
person  for  VAT  purposes,  with  the  right  to  full  deduction  of  VAT.  The  position 
taken by the Belgian Minister of Finances was that the SJU could not be granted such 
a status. Under these circumstances, the financial impact of the SJU's present fiscal 
status is substantial. The SJU will have to pay non recoverable VAT on the purchase 
of  goods  and  services  for  its  own  operations,  on  the  in-kind  contributions  from  its 
members and in general on all study and development activities that it coordinates. It 
is estimated that the total amount of VAT to be paid amounts to EUR 290 million, 
representing 41% of the Community's overall estimated  contribution to the  SESAR 
Development  phase.  A  changeover  to  the  status  of  a  Community  body  would 
therefore generate savings in the order of EUR 290 million in the budget of the SJU 
which shall be allocated in favour of financing research and development activities. 

Changeover of SJU staff to EU Staff Regulations 

A changeover of the SJU staff from Belgian employment conditions to the EU Staff 
Regulations  will  also  have  a  positive  impact  on  the  personnel  and  administrative 
costs of the SJU. 

The  SJU  will  be  a  lean  structure  with  a  small  number  of  highly  qualified  staff  in 
charge of the overall management of the Development phase. According to the staff 
establishment plan approved by the SJU Administrative Board, there will be a total 
complement of twenty-eight staff. At present the SJU employs fifteen staff and plans 
to recruit eight additional staff by the end of 2008 and five more in 2009. 

Considering  the  high  level  of  involvement  of  the  major  air  traffic  management 
(ATM)  players  in  the  SJU,  independence  of  staff  is  essential.  This  is  why  the  SJU 

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needs to recruit its own personnel, which shall be placed under the direct authority of 
the Executive Director. However, the ATM sector is a relatively small environment. 
The major stakeholders of the sector already employ all the highly qualified experts. 
The  SJU  must  therefore  be  able  to  offer  attractive  conditions  in  order  to  recruit 
qualified  staff.  For  this  reason,  although  SJU  staff  are  currently  subject  to  Belgian 
employment  laws,  the  SJU  Statutes  state  that  the  employment  conditions  shall  be 
"based  on  those  of  the  servants  of  the  European  Communities".  The  rules  for 
recruitment  adopted  by  the  Administrative  Board  establish  that:  "The  conditions  of 
employment of servants of the European Communities as referred to in Article 8 of 
the  Statutes  serve  as  a  basis  and  as  far  as  possible,  for  the  establishment  of  the 
salaries of the staff, for the salary increases due to seniority, for the number of days 
of  leave,  for  the  reimbursement  of  the  medical  expenditure,  for  the  complementary 
pension rights." 

The  SJU  staff  have  been  recruited  on  the  basis  of  the  grades  of  Community 
temporary agents corresponding to their functions. All SJU staff have been recruited 
at  the  first  step  of  their  respective  grade.  Consequently,  the  changeover  will  not 
require a reclassification of the staff as there is a direct correspondence between the 
grades  of  the  two  sets  of  Staff  Regulations.  Furthermore  the  SJU  has  taken 
complementary  insurances  for  sickness  and  pensions  in  order  to  upgrade  the 
mandatory conditions offered under Belgian rules to the level of those offered under 
the Community Staff Regulations. 

The annual net salary of a staff member is intended to be equivalent to the annual net 
salary of an EC temporary agent of the same grade and step. The calculation of the 
net  salary  takes  into  account:  Basic  salary,  household  allowance,  dependant  child 
allowance, education allowance, deduction of the pension contribution, deduction of 
sickness  insurance  contribution,  deduction  of  accident  insurance,  deduction  of  tax, 
deduction  of  unemployment  contribution,  deduction  of  allowances  received 
elsewhere  and  deduction  of  the  special  levy.  The  annual  cost  is  then  calculated  by 
adding  on  the  mandatory  social  security  contributions  of  both  employee  and 
employer and finally the supplementary contributions for upgrading the sickness and 
pension schemes. 

Taking  into  account  the  fact  that  the  SJU  currently  employs  15  staff  consisting  of: 
one AD14, one AD13, three AD 12, two AD10, two AD8, three AD7, one AST3 and 
two AST1, the indicative average annual cost of a SJU employee under the present 
staff rules is EUR 253.306. 

SJU staff regulations
Average monthly basic salary
1) Average monthly net salary (12 months)
2) Average employee contributions
3) Average employer contributions
4) Average employer contributions for complementary 
insurance schemes

Average monthly cost (1+2+3+4)
Average annual cost
Average annual net salary

6,832.44
6,501.09
8,049.02
4,755.96

1,802.75
21,108.82
253,305.85
81,989.28

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The  indicative  average  annual  cost8  of  a  SJU  employee  under  the  EC  Staff 
Regulations  would  be  EUR  105.563.  This  amount  is  determined  under  the  same 
assumptions  in  terms  of  number  of  employees,  grading  and  benefits  and  assuming 
also that the SJU staff costs will be covered entirely by the Community's contribution 
to the SJU. 

EC staff regulations
Average monthly basic salary (BS)
Average monthly allowances and benefits
Employer contributions:

Illness (3,40% of BS)
Accident (0,71% of BS)
Unemployment (1,62% of BS)

Annual travel expenses

Tax
Employee pension contribution
Virtual employer pension contribution

Sub total

Average monthly cost 
Average monthly net salary
Average annual cost
Average annual net salary

6.832,44
1.514,18

232,30
48,51
110,69
106,59
8.844,70
-748,15
-700,32
1.400,65
8.796,87
6.561,69
105.562,50
78.740,28  

It  should  be  noted  that  the  positions  currently  filled  are  those  of  the  management 
staff. Future recruitments will be made at lower grades; therefore the average salary 
cost will decrease. 

Currently  employed  SJU  staff  will  be  offered  the  choice  to  changeover  to  the  EC 
Staff Regulations, but will not be obliged to do so. 

3. 

LEGAL ASPECTS OF THE PROPOSAL 

3.1. 

Summary of the proposed action 

The  proposed  revision  of  Council  Regulation  (EC)  No  219/2007  consists  in 
incorporating the following provisions that align the status of the SJU to that of the 
newly created JUs: 

(1) 

(2) 

Recognition of the SJU as a Community body (Article 2 of the Regulation). 

Application  of  the  Staff  Regulations  of  the  European  Communities,  the 
conditions  of  employment  of  other  servants  of  the  European  Communities 
and the rules adopted jointly by the Institutions of the European Communities 
for the purpose of applying them, to SJU staff (Article 2a of the Regulation). 

8 

Commission  Staff  Working  Document  on  the  financial  and  staff  implications  of  the  Proposal  for  a 
Council Decision on Europol, SEC(2007)729 of 23.05.2007 

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(3) 

(4) 

(5) 

(6) 

(7) 

Application  of  the  Protocol  on  Privileges  and  Immunities  of  the  European 
Communities to the SJU, to its staff and to the Executive Director (Article 2b 
of the Regulation). 

Adaptation of the provisions on liability (Article 2c of the Regulation); 

Adaptation  of  the  provisions  on  jurisdiction  of  the  Court  of  Justice  and 
applicable law (Article 2d of the Regulation);  

Quantification of the Community contribution and practical arrangements for 
its transfer to the SJU (Article 4(2) of the Regulation). 

Amendment of the provision related to the modification of the SJU Statutes 
(Articles  3(2)  &  5(4)  of  the  Regulation  and  24(2)  of  the  Statutes).  This 
amendment is not linked to the alignment of the SJU status. It is a correction 
to the procedure for adopting amendments to the SJU Statutes. The intention 
of  the  original  provision  was  to  enable  the  adoption  of  amendments  to  the 
Statutes by means of a regulatory comitology procedure involving the Single 
Sky  Committee.  However,  the  wording  of  the  original  provision  does  not 
clearly express this intention and therefore needs to be adapted. 

(8) 

Application of Article 185 of the Financial Regulations9: 

(a) 

(b) 

Adoption  of  financial  rules  in  accordance  with  the  framework 
financial  regulations  for  bodies  referred  to  in  Article  185  of  the 
Financial Regulation (Article 4a of the Regulation). 

Discharge  (Article  4b  of  the  Regulation)  and  presentation  of  the 
budget (Article 15(2) & (4) of the Statutes). 

(9) 

Adaptation  of  the  procedure  for  the  appointment  of  the  Executive  Director 
(Article 7(5) of the Statutes). 

(10)  Adaptation  of  the  provisions  on  protection  of  the  financial  interests  of  the 

Community (Article 17(3) of the Statutes). 

(11)  Transitional  provisions  for  the  changeover  of  SJU  staff  to  EU  Staff 

Regulations (Article 2 of the proposal). 

3.2. 

Legal basis 

The  present  proposal  does  not  envisage  a  change  of  the  legal  basis  of  the  original 
Regulation. 

3.3. 

Subsidiarity principle 

NA 

9 

Council  Regulation  (EC,  Euratom)  No  1605/2002  of  25  June  2002  on  the  Financial  Regulation 
applicable to the general budget of the European Communities OJ L 248, 16.9.2002, p. 1–48 

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3.4. 

Proportionality principle 

NA 

3.5. 

Choice of instruments 

Council Regulation amending Regulation (EC) No 219/2007. 

4. 

BUDGETARY IMPLICATIONS 

The  total  estimated  Community  contribution  to  the  development  phase  of  SESAR 
has been fixed at a maximum of 700 million EUR coming in equal parts from the 7th 
R&D Framework Programme and the Trans-European Network programme over the 
period  2007-2013.  The  above-mentioned  programmes 
the 
administrative  and  operational  costs  of  the  SJU  in  accordance  with  their  respective 
rules.  The  proposed  revision  of  Regulation  219/2007  will  not  affect  the  estimated 
amount mentioned. However, a revised financial statement is attached to the present 
proposal  in  order  to  update  the  budgetary  forecast  of  the  SJU  in  the  light  of 
developments in the project. 

finance 

shall 

5. 

ADDITIONAL INFORMATION 

5.1. 

Simulation, pilot phase and transitory period 

The  proposed  revision  of  Regulation  219/2007  will  require  the  adaptation  of  the 
SJU's financial rules, its rules for recruitment and its employment contracts. The SJU 
will  also  have  to  conclude  a  general  agreement  with  the  Commission  and  an 
administrative agreement with Belgium on the application of the PPI. 

5.2. 

Review/revision/sunset clause 

NA 

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2008/0159 (CNS) 

Proposal for a 

COUNCIL REGULATION (EC) No …./…. 

amending Council Regulation (EC) No 219/2007 on the establishment of a joint 
undertaking to develop the new generation European air traffic management system 
(SESAR)  

THE COUNCIL OF THE EUROPEAN UNION, 

Having regard to the Treaty establishing the European Community, and in particular Articles 
171 and 172 thereof, 

Having regard to the proposal from the Commission10, 

Having regard to the opinion of the European Parliament11, 

Having regard to the opinion of the European Economic and Social Committee12, 

Whereas: 

(1) 

Since the establishment of the SESAR Joint Undertaking, Council Regulation (EC) No 
71/2008 of 20 December 2007 13 has set up the Clean Sky Joint Undertaking, Council 
Regulation  (EC)  No  72/2008  of  20  December  200714  the  ENIAC  Joint  Undertaking, 
Council  Regulation  (EC)  No  73/2008  of  20  December  200715  the  Joint  Undertaking 
for the implementation of the Joint Technology Initiative on Innovative Medicines and 
Council  Regulation  (EC)  No  74/2008  of  20  December  2007  16  the  ARTEMIS  Joint 
Undertaking  to  implement  a  Joint  Technology  Initiative  in  Embedded  Computing 
Systems. Those Joint Undertakings are bodies set up by the Communities within the 
meaning of Article 185(1) of Council Regulation (EC) No 1605/2002 of 25 June 2002 
on  the  Financial  Regulation  applicable  to  the  general  budget  of  the  European 
Communities17  for  which  Regulation  (EEC,  Euratom,  ECSC)  No  259/68  of  the 
Council  of  29  February  1968  laying  down  the  Staff  Regulations of Officials  and the 
Conditions  of  Employment  of  other  Servants  of  the  European  Communities  and 

10 
11 
12 
13 
14 
15 
16 
17 

OJ C, , p. . 
OJ C, , p. . 
OJ C , , p. . 
OJ L 30, 4.2.2008, p. 1.  
OJ L 30, 4.2.2008, p. 21.  
OJ L 30, 4.2.2008, p. 38. 
OJ L 30, 4.2.2008, p. 52. 
OJ L 248, 16.9.2002, p. 1. Regulation as last amended by Council Regulation (EC) No 1525/2007 (OJ L 
343, 27.12.2007, p. 9). 

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instituting  special  measures  temporarily  applicable  to  officials  of  the  Commission18 
apply  to  their  staff  and  the  Protocol  on  Privileges  and  Immunities  of  the  European 
Communities apply to them and to their staff. 

As a body set up by the Community, it is appropriate to align the legal status of the 
SESAR Joint Undertaking with that of the newly established Joint Undertakings which 
would also ensure that it benefits from the same treatment as that afforded to them. 

Council  Decision  2006/971/EC  of  19  December  2006  concerning  the  specific 
programme  "Cooperation"  implementing  the  Seventh  Framework  Programme  of  the 
European  Community  for  research,  technological  development  and  demonstration 
activities  (2007  to  2013)19  states  that  research  will  develop  and  implement  an 
innovative Air Traffic Management system within the context of the SESAR initiative, 
which will also ensure the most effective coordination of the development of the ATM 
systems in Europe. 

According to the annual work programmes for 2007 and 2008 concerning the Specific 
Programme  "Cooperation",  Transport  (including  aeronautics),  implementing  the 
the  European  Community  for  research, 
Seventh  Framework  Programme  of 
the 
technological  development  and  demonstration  activities  (2007 
Commission  will  provide  annual  contributions  from  the  Seventh  Framework 
Programme to the SESAR Joint Undertaking for a total estimated amount of EUR 350 
million over the entire programme.  

to  2013), 

The multi-annual work programme for grants in the field of trans-European Transport 
networks  for  the  period  2007-201320,  identifies  the  SESAR  project  to  modernise  air 
traffic  management  in  Europe  as  a  major  horizontal  priority  allocating  an  estimated 
budget of EUR 350 million over the period 2007-2013. 

The Commission estimates that the Community's financial contribution to the SESAR 
Joint Undertaking will be EUR 700 million which will come in equal parts from the 7th 
Framework Programme for Research and Development and from the Trans-European 
transport networks programme. 

As  the  SESAR  Joint  Undertaking  is  a  body  set  up  by  the  Community,  its  decision-
making  process  should  guarantee  the  Community's  decision-making  autonomy  in 
particular  on  issues  having  an  impact  on  the  strategic  orientation  of  SESAR  and  the 
Joint Undertaking, on the Community's financial contribution and on the independence 
and equal treatment of the Joint Undertaking's staff. 

An  agreement  should  be  concluded  between  the  SESAR  Joint  Undertaking  and 
Belgium  concerning  privileges  and  immunities  and  other  support  to  be  provided  by 
Belgium to the SESAR Joint Undertaking. 

OJ L 56, 4.3.1968, p. 1. Regulation as last amended by Regulation (EC, Euratom) No 337/2007 (OJ L 
90, 30.3.2007, p. 1) 
OJ L 400, 30.12.2006, p. 86. Regulation as corrected in OJ L 54, 22.2.2007, p. 30. 
Commission Decision C(2007)3512 of 23.07.2007 

(2) 

(3) 

(4) 

(5) 

(6) 

(7) 

(8) 

18 

19 
20 

EN 

11 

   EN 

 
                                                 
(9) 

Council Regulation (EC) No 219/2007 should therefore be amended accordingly. 

HAS ADOPTED THIS REGULATION: 

Article 1 

Regulation (EC) No 219/2007 is amended as follows: 

(1) 

Article 2 is replaced by the following: 

"Article 2 

Legal status 

1.  The  Joint  Undertaking  shall  be  a  Community  body  and  shall  have  legal 
personality. In every Member State, it shall enjoy the most extensive legal capacity 
accorded to legal persons under the law of that State. It may, in particular, acquire or 
dispose  of  movable  and  immovable  property  and  may  be  a  party  to  legal 
proceedings.” 

(2) 

The following Articles 2a, 2b, 2c and 2d are inserted: 

"Article 2a 

Staff 

1. The Staff Regulations of Officials of the European Communities, the Conditions 
of Employment of other servants of the European Communities and the rules adopted 
jointly by the institutions of the European Communities for the purpose of applying 
these Staff Regulations and the Conditions of Employment shall apply to the staff of 
the Joint Undertaking and its Executive Director. 

2.  Without  prejudice  to  Article  7(2)  of  its  Statutes,  the  Joint  Undertaking  shall 
exercise the powers conferred on the appointing authority by the Staff Regulations of 
Officials of the European Communities and on the authority empowered to conclude 
contracts  by  the  Conditions  of  employment  of  other  servants  of  the  European 
Communities in respect of its staff. 

3.  The  Administrative  Board  shall,  in  agreement  with  the  Commission,  adopt  the 
appropriate implementing rules referred to in Article 110(1) of the Staff Regulations 
of  Officials  of  the  European  Communities  and  the  Conditions  of  Employment  of 
other Servants of the European Communities. 

4.  The  staff  resources  shall  be  determined  in  the  establishment  plan  of  the  Joint 
Undertaking that will be set out in the annual budget. 

5. The staff of the Joint Undertaking shall consist of temporary agents and contract 
agents engaged for a fixed period that may be renewed once and for a fixed period 
only. The total period of engagement shall not exceed eight years and shall not in any 
case exceed the duration of the Joint Undertaking. 

EN 

12 

   EN 

 
6. All costs related to the staff shall be borne by the Joint Undertaking. 

Article 2b 

Privileges and immunities 

1. The Protocol on the Privileges and Immunities of the European Communities shall 
apply to the Joint Undertaking, to its staff and its Executive Director. 

2.  An  administrative  agreement  shall  be  concluded  between  the  Joint  Undertaking 
and Belgium concerning privileges and immunities and other support to be provided 
by Belgium to the Joint Undertaking. 

Article 2c 

Liability 

1. The contractual liability of the Joint Undertaking shall be governed by the relevant 
contractual  provisions  and  by  the  law  applicable  to  the  agreement  or  contract  in 
question. 

2. In the case of non-contractual liability, the Joint Undertaking shall, in accordance 
with  the  general  principles  common  to  the  laws  of  the  Member  States,  make  good 
any damage caused by its staff in the performance of their duties. 

3.  Any  payment  by  the  Joint  Undertaking  in  respect  of  the  liability  referred  to  in 
paragraphs 1 and 2 and the costs and expenses incurred in connection therewith shall 
be  considered  as  expenditure  of  the  Joint  Undertaking  and  shall  be  covered  by  the 
resources of the Joint Undertaking. 

4. The Joint Undertaking shall be solely responsible for meeting its obligations. 

Article 2d 

Jurisdiction of the Court of Justice and applicable law 

1. The Court of Justice shall have jurisdiction: 

in any dispute between the members which relates to the subject matter of this 

(a) 
Regulation and/or the Statutes referred to in Article 3; 

(b)  pursuant  to  any  arbitration  clause  contained  in  agreements  and  contracts 
concluded by the Joint Undertaking; 

(c) in actions brought against the Joint Undertaking, including decisions of its bodies, 
under the conditions provided for in Articles 230 and 232 of the Treaty; 

(d)  in  disputes  related  to  compensation  for  damage  caused  by  the  staff  of  the  Joint 
Undertaking in the performance of their duties. 

2. For any matter not covered by this Regulation or by other acts of Community law, 
the law of the State where the seat of the Joint Undertaking is located shall apply.” 

EN 

13 

   EN 

 
(3) 

Article 3 is replaced by the following: 

"Article 3 

Statutes of the Joint Undertaking 

The Statutes of the Joint Undertaking, as set out in the Annex hereto, constitute 

1. 
an integral part of this Regulation and are hereby adopted. 

The Statutes may be amended in accordance with the procedure referred to in 

2. 
Article 6(3)." 

(4) 

In Article 4, paragraph 2 is replaced by the following: 

"2.  The  maximum  Community  contribution  shall  be  EUR  700  million  of  which 
EUR 350 million shall be paid from the budget appropriation allocated to the theme 
"Transport  (Including  Aeronautics)"  of  the  Specific  Programme  Cooperation  of  the 
Seventh  Framework  Programme  for  research  and  technological  development  and 
EUR 350 million from the budget of the Framework Programme on Trans-European 
networks  for  the  period  2007-2013.  The  Community  contribution  shall  be  paid  in 
accordance with the provisions of Article 54(2)(b) of Council Regulation 1605/2002 
of 25 June 2002 on the Financial Regulation applicable to the general budget of the 
European Communities21 (hereinafter referred to as the Financial Regulation).  

The arrangements  for  the Community financial contribution shall be established  by 
means  of  a  general  agreement  and  annual  financial  implementation  agreements, 
which  shall  be  concluded  between  the  Commission,  on  behalf  of  the  Community, 
and  the  Joint  Undertaking.  The  general  agreement  shall  provide  for  a  right  for  the 
Commission  to  oppose  the  use  of  the  Community  contribution  for  purposes  it 
considers to be contrary to the principles of the Community programmes mentioned 
above or to its Financial Regulation or detrimental to the interests of the Community. 
In the event of the Commission’s opposition, the Community contribution cannot be 
used by the Joint Undertaking for those purposes."  

(5) 

The following Articles 4a and 4b are inserted: 

“Article 4a 

Financial Rules 

1.  The  Joint  Undertaking  shall  adopt  specific  financial  rules  in  accordance  with 
Article 185(1) of the Financial Regulation. They may depart from the rules laid down 
in Commission Regulation (EC, Euratom) No 2343/200222 of 23 December 2002 on 
the framework Financial Regulation for the bodies referred to in Article 185 of the 

21 

22 

OJ L 248, 16.09.2002, p.1. Regulation as last amended by Regulation (EC, Euratom) No 1995/2006 (OJ 
L 390, 30,12,2006, p.1).  
OJ L 357, 31.12.2002 p. 72; corrigendum in OJ L 2, 7.1.2003, p. 39. 

EN 

14 

   EN 

 
                                                 
Financial Regulation where the specific operating needs of the Joint Undertaking so 
require and subject to prior consent of the Commission.  

2. The Joint Undertaking shall have its own internal audit capability. 

Article 4b 

Discharge 

Discharge  for  the  implementation  of  the  budget  of  the  year  n  of  the  Joint 
Undertaking shall be given by the European Parliament, upon recommendation from 
the Council before 15 May of the year n+2. The Administrative Board shall, in the 
financial  rules  of  the  Joint  Undertaking,  provide  for  the  procedure  to  be  followed 
when  giving  discharge  taking  into  account  the  particular  characteristics  resulting 
from  the  nature  of  the  Joint  Undertaking  as  public-private  partnership  and  in 
particular from the private sector contribution to the budget." 

(6) 

In Article 5, paragraph 4 is replaced by the following: 

"4.  The  position  of  the  Community  in  the  Administrative  Board  as  regards 
decisions concerning the accession of new members and significant modifications of 
the ATM Master Plan shall be adopted in accordance with the procedure referred to 
in Article 6.3." 

(7) 

The Annex is amended in accordance with the Annex to this Regulation.  

Article 2 

Transitional provisions 

(1) 

Transitional provisions related to the staff : 

(a)  By  way  of  derogation  from  Article  1(2)  of  this  Regulation,  all  employment 
contracts  concluded  by  the  SESAR  Joint  Undertaking  in  force  at  the  date  of  entry 
into force of this Regulation will be honoured until their expiry date without further 
possible renewal. 

(b) All members of staff under contracts referred to in paragraph (a) shall be offered 
the  possibility  to  conclude  contracts  of  temporary  agent  under  Article  2(a)  of  the 
Conditions  of  Employment  of  Other  Servants  of  the  European  Communities  laid 
down in Regulation (EEC, Euratom, ECSC) No 259/6823 at the various grades as set 
out in the establishment plan.  

To that end an internal selection process shall be applied to all staff members, except 
the  Executive  Director,  who  have  a  contract  with  SESAR  Joint  Undertaking  at  the 
date  of  entry  into  force  of  this  Regulation.  The  internal  selection  process  will  be 

23 

OJ L 56, 4.3.1968 p. 1 Regulation as last amended by Regulation (EC, Euratom) No 1558/2007 (OJ L 
340, 22.12.2007, p. 1)  

EN 

15 

   EN 

 
                                                 
carried  out  within  [6]  months  after  the  entry  into  force  of  this  Regulation  by  the 
authority authorised to conclude contracts in order to check the ability, efficiency and 
integrity of those to be engaged. 

Depending on the type and level of functions performed, successful candidates will 
be offered contracts of temporary agent for a duration corresponding at least to the 
time  remaining  under  the  contract  concluded  before  the  date  of  entry  into  force  of 
this Regulation. 

(c)  If  a  contract  of  an  indefinite  duration  had  been  concluded  by  the  SESAR  Joint 
Undertaking  before  the  date  of  entry  into  force  of  this  Regulation  and  the  staff 
member accepted a contract of temporary agent under the conditions set out in point 
(b)  of  this  Article,  this  contract  will  be  concluded  for  an  indefinite  duration  in 
compliance  with  Article  8,  paragraph  1  of  the  Conditions  of  Employment  of  other 
Servants of the European Communities. 

(d) The Belgian law applying to labour contracts and other relevant instruments shall 
continue to apply to staff members who are not recruited in accordance with point (b) 
of this Article.  

(2) 

Transitional provisions related to the mandate of the Executive Director: 

The mandate of the Executive Director in place at the date of the entry into force of 
this Regulation shall cease on the date on which the SESAR Joint Undertaking shall 
cease to exist as set out in Article 1(2) of Regulation (EC) No 219/2007. In case of 
an  extension  of  the  duration  of  the  SESAR  Joint  Undertaking,  a  new  procedure 
leading to the appointment of the Executive Director in accordance with Article 7(2) 
of  the  Annex  to  Regulation  (EC)  No  219/2007  will  be  launched.  If,  during  his 
mandate, the Executive Director has to be replaced, his successor shall be appointed 
in accordance with Article 7(2) of the Annex to Regulation (EC) No 219/2007.  

Article 3 

Entry into force 

This  Regulation  shall  enter  into  force  on  the  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,  

For the Council 
The President 

EN 

16 

   EN 

 
 
 
 
 
ANNEX  

(1) 

In  Article  5,  paragraph  1(h)  the  words  “Financial  Regulations”  are  replaced  by 
“financial rules”. 

(2) 

Article 7 is amended as follows: 

(a) In paragraph 1 the following sentence is added: 

“The Executive Director shall exercise, in respect of the staff, the powers laid down 
in Article 2a(2) of this Regulation.” 

(b) paragraph 2 is replaced by the following: 

"2.  The  Executive  Director  shall  be  appointed  by  the  Administrative  Board  on  the 
basis of a list of at  least  three candidates proposed by  the Commission  following a 
call  for  expressions  of  interest  published  in  the  Official  Journal  of  the  European 
Union  and  in  other  periodicals  or  internet  sites.  The  Executive  Director  shall  be 
appointed  for  a  period  of  three  years.  After  an  evaluation  by  the  Administrative 
Board of the Executive Director’s performance during this period, his term of office 
may be extended once for a further period of no more than four years, which in any 
case may not go beyond the duration of the Joint Undertaking set out in Article 1(2) 
of this Regulation." 

(c) paragraph 5 is amended as follows: 

(i) point (a) is replaced by the following: 

“(a) employ, manage and supervise the staff of the Joint undertaking, including the 
staff referred to in Article 8;” 

(ii) in point (e) the words “Financial regulations” are replaced by “financial rules”. 

(3) 

The following Article 7a is inserted: 

“Article 7a 

Internal Auditing function 

The  functions  entrusted  by  Article  185(3)  of  the  Financial  Regulation  to  the 
Commission’s  internal  auditor  shall  be  carried  out  under  the  responsibility  of  the 
Administrative  Board,  which  shall  make  appropriate  provision,  taking  into  account 
the size and the scope of Joint Undertaking.” 

(4) 

Article 8 is replaced by the following: 

"Article 8 

Secondment of staff to the Joint Undertaking 

EN 

17 

   EN 

 
 
Any  member  of  the  Joint  Undertaking  may  propose  to  the  Executive  Director  to 
second members of its staff to the Joint Undertaking in accordance with conditions 
provided  for  in  the  relevant  agreement  referred  to  in  Article  1(3)  of  these  Statutes. 
Staff seconded to the Joint Undertaking must act with complete independence under 
the supervision of the Executive Director." 

(5) 

(6) 

Article 14 is deleted. 

Article 15 is amended as follows: 

(a) paragraph 2 is replaced by the following: 

"2. Each year the Executive Director shall transmit to the members the cost estimates 
of the SESAR project as approved by the Administrative Board. The Administrative 
Board shall, in the financial rules of the Joint Undertaking, provide for the procedure 
to be followed when transmitting the cost estimates." 

(b) paragraph 4 is replaced by the following: 

"4.  Based  on  the  approved  project  cost  estimates,  and  taking  into  account  the 
comments  received  from  members,  the  Executive  Director  shall  prepare  the  draft 
budget  for  the  following  year  and,  submit  it  to  the  Administrative  Board  for 
adoption.  The  administrative  board  shall,  in  the  financial  rules  of  the  Joint 
Undertaking,  provide  for  the  procedure  to  be  followed  when  submitting  the  draft 
budget." 

(7) 

In Article 17, the following paragraph 3 is added: 

"3.  All  decisions  adopted  and  contracts  concluded  by  the  Joint  Undertaking,  shall 
provide  explicitly  that  OLAF  and  the  Court  of  Auditors  may  carry  out  on-the-spot 
inspections  of  the  documents  of  all  contractors  and  sub-contractors  which  have 
received Community funds, including at the premises of the final beneficiaries." 

(8) 

Article 21 is replaced by the following: 

“Article 21 

Insurances 

The  Executive  Director  shall  propose  to  the  Administrative  Board  to  take  out  any 
necessary  insurance  and  the  Joint  Undertaking  shall  take  out  such  insurance  as  the 
Administrative Board may request.” 

(9) 

In Article 24, paragraph 2 is replaced by the following: 

"2. If the Administrative Board agrees to the proposals referred to in paragraph 1 by 
a majority of 75% of the votes and in accordance with Article 4(5) of these Statutes, 
these  proposals  shall  be  submitted  as  draft  amendments  to  the  Commission,  which 
shall adopt them as appropriate in accordance with the procedure set out in Article 
Regulation."
3(2) 

this 

of 

EN 

18 

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LEGISLATIVE FINANCIAL STATEMENT 

1. 

NAME OF THE PROPOSAL: 

Proposal for a Council Regulation amending Council Regulation (EC) 219/2007 on 
the establishment of a Joint Undertaking to develop the new generation European air 
traffic management system (SESAR). 

The present financial statement is an update of the financial statement presented with 
the Commission's proposal COM(2005)602 final of 25.11.2005.  

2. 

ABM / ABB FRAMEWORK 

Policy Area(s) concerned and associated Activity/Activities: 

Policy Area : Title 06 — Energy and transport 

Activities: 

Chapter 06 03 — Trans-European networks;  

Chapter 06 06 - Research related to energy and transport 

3. 

BUDGET LINES 

3.1. 

Budget  lines  (operational  lines  and  related  technical  and  administrative 
assistance lines (ex- B..A lines)) including headings: 

06.0305 – SESAR Joint Undertaking. 

06.060203 – SESAR Joint Undertaking 

3.2. 

Duration of the action and of the financial impact: 2007-2013 

3.3. 

Budgetary characteristics: 

Budget line 

Type of expenditure 

New 

EFTA 
contribution 

Contributions 
from applicant 
countries 

Heading in 
financial 
perspective 

06.0305 

06.060203 

Non-
comp 

Non-
comp 

Diff 

 YES 

YES 

Diff 

YES 

YES 

NO 

NO 

No  

No  

EN 

19 

   EN 

 
4. 

SUMMARY OF RESOURCES 

4.1. 

Financial Resources 

4.1.1. 

Summary of commitment appropriations (CA) and payment appropriations (PA) 

EUR million (to 3 decimal places) 

Expenditure type 

Section 
no. 

Year 
2007 

2008 

2009 

2010 

2011 

2012 and 
later 

Total 

Operational expenditure24 

Commitment Appropriations 
(CA) 

8.1. 

a 

06.0305 

06.060203 

50.000 

150.000 

0 

0 

50.000 

100.000 

350.000 

10.000 

50.000 

51.500 

60.000 

60.000 

118.500 

350.000

Payment Appropriations 
(PA) 

06.0305 

06.060203 

b 

0.000 

25.000 

50.000 

50.000 

50.000 

175.000 

350.000 

10.000 

50.000 

23.000 

80.000 

60.000 

125.000 

350.000

Administrative expenditure within reference amount 

Technical & administrative 
assistance (NDA) 

8.2.4. 

c 

0 

0 

0 

0 

0 

0 

0

Commitment 
Appropriations 

Payment Appropriations 

a+c 

b+c 

60.000  200.000 

51.500 

60.000  110.000 

218.500  700.000

10.000 

75.000 

73.000  130.000  110.000 

300.000  700.000

Administrative expenditure not included in reference amount 

Human 
associated 
(NDA) 

resources 

and 
expenditure 

Administrative  costs,  other 
than  human  resources  and 
not 
associated 
included 
reference 
in 
amount (NDA) 

costs, 

8.2.5. 

d 

0.305 

0.422 

0.422 

0.422 

0.422 

0.844 

2.837

8.2.6. 

e 

0.017 

0.005 

0.005 

0.205 

0.005 

0.610 

0.847

Total indicative financial cost of intervention 

TOTAL CA including cost 
of Human Resources 

a+c
+d
+e 

60.322  200.427 

51.927 

60.627  110.427 

219.954  703.684

24 

Expenditure that does not fall under Chapter 06 01 of the Title 06 concerned. 

EN 

20 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
TOTAL  PA  including  cost 
of Human Resources 

b+c
+d
+e 

Co-financing details 

10.322 

75.427 

73.427  130.627  110.427 

301.454  703.684

If  the  proposal  involves  co-financing  by  Member  States,  or  other  bodies  (please 
specify  which),  an  estimate  of  the  level  of  this  co-financing  should  be  indicated  in 
the table below (additional lines may be added if different bodies are foreseen for the 
provision of the co-financing): 

EUR million (to 3 decimal places) 

Co-financing body 

EUROCONTROL 

Other members of the SJU 

TOTAL CA including 

co-financing 

f 

a+c
+d
+e
+f 

Year 
2007 

0 

0 

2008 

2009 

2010 

2011 

2012 

and later 

Total 

12.000 

80.000 

100.000 

120.000 

388.000 

700.000 

2.000 

80.000 

100.000 

80.000 

438.000 

700.000

60.222 

214.427 

211.927  260.627 

310.427 

1,045.954 

2,103.584

4.1.2.  Compatibility with Financial Programming 

X 

Proposal is compatible with existing financial programming. 

(cid:133) 

(cid:133) 

Proposal  will  entail  reprogramming  of  the  relevant  heading  in  the  financial 
perspective. 

Proposal  may  require  application  of  the  provisions  of  the  Interinstitutional 
Agreement25 (i.e. flexibility instrument or revision of the financial perspective). 

4.1.3.  Financial impact on Revenue 

X 

Proposal has no financial implications on revenue 

(cid:133) 

Proposal has financial impact – the effect on revenue is as follows: 

Budget line 

Revenue 

EUR million (to one decimal place) 

Situation following action 

[Yea
r n] 

[n+1] [n+2]  [n+3

] 

[n+4] [n+5]

26

Prior to
action 
[Year 
n-1] 

25 
26 

See points 19 and 24 of the Interinstitutional agreement. 
Additional columns should be added if necessary i.e. if the duration of the action exceeds 6 years 

EN 

21 

   EN 

 
 
 
 
 
 
 
 
                                                 
a) Revenue in absolute terms 

b) Change in revenue 

 ∆ 

4.2. 

Human Resources FTE (including officials, temporary and external staff) – see 
detail under point 8.2.1. 

Annual requirements 

2007 

2008 

2009 

2010 

2011 

2012 
and 
later 

Total  number  of  human 
resources 

3

4

4

4 

4 

8

5. 

CHARACTERISTICS AND OBJECTIVES 

5.1. 

Need to be met in the short or long term 

The setup of the SJU as a public-private partnership in alignment with the status of 
the CLEAN SKY27, ENIAC28, IMI29 and ARTEMIS30 Joint Technology Initiatives, 
under Article 171 of the Treaty. 

5.2. 

Value-added  of  Community  involvement  and  coherence  of  the  proposal  with 
other financial instruments and possible synergy 

No  changes  on  this  point  with  respect  to  the  original  financial  statement 
accompanying COM(2005)602 final of 25.11.2005.  

5.3. 

Objectives, expected results and related indicators of the proposal in the context 
of the ABM framework 

The  SESAR  initiative  aims  at  developing  a  new  generation  harmonised  air  traffic 
management  system  in  Europe  which  is  necessary  to  sustain  air  traffic  growth  in 
Europe  for  the  next  20  years  in  an  economically  and  environmentally  sound  way. 
The target operational concepts and the associated research programme for the new 
system have been developed in the SESAR definition phase and will be included in 
the  European  ATM  Master  plan.  This  Master  plan  defines  the  roadmap  for  the 
development  and  implementation  of  new  technologies,  functions  or  organisations 
needed in all regions of Europe. It is in fact the European ATM modernisation plan. 

27 
28 
29 
30 

Council Regulation (EC)71/2007 of 20.12.2007, OJ L30, 4.02.2008, p.1.  
Council Regulation (EC)72/2008 of 20.12.2007, OJ L30, 4.02.2008, p.21.  
Council Regulation (EC)73/2008 of 20.12.2007, OJ L30, 4.02.2008, p.38. 
Council Regulation (EC)74/2008 of 20.12.2007, OJ L30, 4.02.2008, p.52. 

EN 

22 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
Result indicators 
- Capacity of ATM 
systems; 
-ATM Costs; 
- Safety linked to 
ATM; 
- Environmental 
impact of each 
flight. 

Latest known result 

- 9 million 
flights/year. 18 
million expected in 
2020; 
- ATM cost = 
800€/flight; 
- 3 major accidents 
linked to ATM failure 
since 2000; 
- Environmental 
impact of aviation 
represents today 2% 
of the global CO² 

Objectives 

By 2013, 
develop a new generation 
harmonised ATM system 
capable of: 
- Tripling capacity of current 
systems; 
- Reduce ATM costs by 
50%; 
- Increase safety by a factor 
of 10; 
- Reduce the environmental 
impact by 10% for each 
flight. 

it 

leads 

to  actual  operational  and 

The  new  equipment,  systems  and  standards  will  be  developed  and  validated  in  the 
development phase of SESAR. In order to rationalise and organise ATM research so 
that 
implementation  avoiding 
fragmentation and duplication of efforts, all the ATM research in the 7th Framework 
programme will be undertaken within the SESAR initiative and managed by the SJU. 
The  SJU  will  also  coordinate  the  SESAR  programme  with  other  aeronautical 
research  activities  in  order  to  maintain  a  consistent  system  wide  approach  for  the 
entire air transport system. 

industrial 

The SJU will be a small structure which will employ indicatively 28 staff:: 

Function 

Grade 

2007-2008 

2009 

Executive Director 
Deputy Executive Director-Programme Director 
Director, Administration and Finance 
Chief Architect 
Chief Operational concept and validation 
Chief of Communication & stakeholders relations 
Chief Economics and Environment 
Chief Safety & Security 
Technical experts 
Head of Legal and contracts unit 
Financial and budget Head of unit 
Human Resources Officer 
Legal and Contracts Officer 
Finance and accounting Officer 
Project control 
Administrative assistants 
Executive Secretary 

AD14 
AD13 
AD12 
AD12 
AD12 
AD10 
AD10 
AD12 
AD6-11 
AD8 
AD8 
AD7 
AD5-7 
AD7 
AD7 
AST3-5 
AST3 

1 
1 
1 
1 
1 
1 
1 
1 
4 
1 
1 
1 
2 
1 
1 
1 
1 

4

1

EN 

23 

   EN 

 
 
 
 
 
  
 
 
 
 
 
 
 
 
 
 
 
 
Secretary - Administration & Finance Director 
Secretary - Programme Director 

AST1 
AST1 

1 
1 
23 

5

The activities of the SJU shall be organised around the following themes: 

–  Development  of  new  air  traffic  management  tools  and  systems  which  shall 
enhance  the  automation  of  air  traffic  management  systems  enabling  human 
operators to concentrate on high added value tasks. 

–  Development  of  new  technologies  for  air  traffic  management  which  can 
support air traffic management development, including more aircraft autonomy. 

–  Integration and validation projects. The new technologies and concepts will be 
assessed  in  a  realistic  environment  which  can  be  simulated  or  tested  in  a  pre-
operational context. 

Method of Implementation (indicative) 

X 

Centralised Management 

(cid:133) 

directly by the Commission 

X 

indirectly by delegation to: 

(cid:133) 

executive Agencies 

X 

bodies set up by the Communities as referred to in art. 185 of the 
Financial Regulation 

(cid:133) 

national public-sector bodies/bodies with public-service mission 

(cid:133) 

Shared or decentralised management 

(cid:133)  with Member states 

(cid:133)  with Third countries 

(cid:133) 

Joint management with international organisations (please specify) 

Relevant comments: 

EN 

24 

   EN 

 
 
 
  
 
6. 

MONITORING AND EVALUATION 

6.1.  Monitoring system 

No  changes  on  this  point  with  respect  to  the  original  financial  statement 
accompanying COM(2005)602 final of 25.11.2005. 

6.2. 

Evaluation 

6.2.1.  Ex-ante evaluation 

No  changes  on  this  point  with  respect  to  the  original  financial  statement 
accompanying COM(2005)602 final of 25.11.2005. 

6.2.2.  Measures taken  following  an intermediate/ex-post evaluation (lessons learned from 

similar experiences in the past) 

No  changes  on  this  point  with  respect  to  the  original  financial  statement 
accompanying COM(2005)602 final of 25.11.2005. 

6.2.3.  Terms and frequency of future evaluation 

No  changes  on  this  point  with  respect  to  the  original  financial  statement 
accompanying COM(2005)602 final of 25.11.2005. 

7. 

ANTI-FRAUD MEASURES  

No  changes  on  this  point  with  respect  to  the  original  financial  statement 
accompanying COM(2005)602 final of 25.11.2005. 

EN 

25 

   EN 

 
8. 

DETAILS OF RESOURCES 

8.1. 

Objectives of the proposal in terms of their financial cost 

of 

(Headings 
Objectives, 
actions 
outputs 
be provided) 

and 
should 

Type of 
output 

Av
. 
co
st 

Year 2007 

Year 2008 

Year 2009 

Year 2010 

Year 2011 

Year 2012 and later 

Total 

No 
Outputs 

Total cost 

No 
Outputs 

Total cost 

No 
Outputs 

Total cost 

No 
Outputs 

Total cost 

No 
Outputs 

Total cost 

No 
Outputs 

Total cost 

No 
Outputs 

Total cost 

Commitment appropriations in EUR million (to 3 decimal places) 

OPERATIONAL 
OBJECTIVE 
No.1  31Setup  and 
management  of 
the SJU 

Personnel 

Other 
administrative 
costs 

Sub-total 
Objective 1 

OPERATIONAL 
OBJECTIVE 
No.2 
1R&D 
consistency  and 
programme 

31 

As described under Section 5.3 

1.000 

2.000 

3.000 

3.000 

3.000 

6.000 

18.000 

2.000 

3.000 

2.000 

4.000 

3.000 

6.000 

3.000 

6.000 

2.000 

5.000 

5.000 

17.000 

11.000 

35.000 

EN 

26 

EN 

 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
management 

Sub-total 
Objective 2 

OPERATIONAL 
OBJECTIVE  No 
3 

Development  of 
new 
ATM 
technologies, 
tools and systems  

Sub-total 
Objective n 

OPERATIONAL 
OBJECTIVE  No 
4 

and 

Integration 
validation 
projects 

Sub-total 
Objective n4 

TOTAL COST 

5.000 

9.000 

9.000 

9.000 

9.000 

19.000 

60.000 

52.000 

155.000 

36.500 

45.000 

87.000 

179.500 

555.000 

0 

60.000 

32.000 

200.000 

0 

51.500 

0 

60.000 

9.000 

110.000 

9.000 

218.500 

50.000 

700.000 

EN 

27 

EN 

 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
8.2. 

Administrative Expenditure 

8.2.1.  Number and type of human resources 

Types of post 

Staff to be assigned to management of the action using existing and/or 
additional resources (number of posts/FTEs) 

Year 2007  Year 2008  Year 2009  Year 2010  Year 2011 

Year 
2012-2013 

Officials or 
temporary 
staff32 (06 01 
01) 

A*/AD 

B*, 
C*/AST 

Staff  financed33  by  art. 
06 01 02 

Other  staff34  financed by 
art. 06 01 04/05 

TOTAL 

1 

1 

1 

0 

3 

1 

2 

1 

0 

4 

1 

2 

1 

0 

4 

1 

2 

1 

0 

4 

1 

2 

1 

0 

4 

2 

4 

2 

0 

8 

8.2.2.  Description of tasks deriving from the action 

–  Setup of the SJU 

–  Participation in governance of the SJU 

–  Liaison with political, economic, technical and social stakeholders 

–  Management of Community contributions to the SJU 

–  Communication activities on SESAR 

8.2.3. 

Sources of human resources (statutory) 

X 

(cid:133) 

(cid:133) 

(cid:133) 

Posts currently allocated to the management of the programme to be replaced 
or extended 

Posts pre-allocated within the APS/PDB exercise for year n 

Posts to be requested in the next APS/PDB procedure 

Posts  to  be  redeployed  using  existing  resources  within  the  managing  service 
(internal redeployment) 

32 
33 
34 

Cost of which is NOT covered by the reference amount 
Cost of which is NOT covered by the reference amount 
Cost of which is included within the reference amount 

EN 

28 

   EN 

 
 
 
 
                                                 
(cid:133) 

Posts required for year n although not included in the APS/PDB exercise of the 
year in question 

8.2.4.  Other  Administrative  expenditure  included  in  reference  amount  (XX  01  04/05  – 

Expenditure on administrative management) 

Budget line 

(number and heading) 

EUR million (to 3 decimal places) 

Year 
n 

Year 
n+1 

Year 
n+2 

Year 
n+3 

Year 
n+4 

Year 
n+5  

and 
later 

TOTAL 

Technical 

1 
and 
assistance (including related staff costs) 

administrative 

Executive agencies35 

Other 

technical 

and 

administrative 

assistance 

- intra muros  

- extra muros 

Total  Technical  and  administrative 
assistance 

8.2.5.  Financial cost of human resources and associated costs not included in the reference 

amount 

Type of human resources 

Year 
2007 

Year 
2008 

Year 
2009 

Year 
2010 

Year 
2011 

Year 
2012and 
later 

EUR million (to 3 decimal places) 

Officials  and  temporary  staff 
(06 01 01) 

Staff financed by Art 06 01 02 
contract 
(auxiliary,  END, 
staff, etc.) 

06 01 02 01 03 

0.234 

0.351 

0.351 

0.351 

0.351 

0.702 

0.071 

0.071 

0.071 

0.071 

0.071 

0.142 

35 

Reference should be made to the specific legislative financial statement for the Executive Agency(ies) 
concerned. 

EN 

29 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
cost 

Total 
of  Human 
Resources  and  associated 
costs 
in  reference 
amount) 

(NOT 

0.305 

0.422 

0.422 

0.422 

0.422 

0.844 

Calculation– Officials and Temporary agents 
1 agent x 117.000 EUR/year 

Calculation– Staff financed under art. 06 01 02 
1 END 70.768 EUR/year 

8.2.6. Other administrative expenditure not included in reference amount 

EUR million (to 3 decimal places)

Year 
2007 

Year 
2008 

Year 
2009 

Year 
2010 

Year 
2011 

Year 
2012 

and 
later 

TOTAL 

06 01 02 11 01 – Missions (*) 

0.003 

0.003 

0.003 

0.003 

0.003 

0.006 

0.021 

06  01  02  11  02  –  Meetings  &  Conferences 
(**) 

pm 

pm 

pm 

pm 

pm 

pm 

06 01 02 11 03 – Committees36  

06 01 02 11 04 – Studies & consultations 

06 01 02 11 05 - Information systems 

2 

Total 

Other  Management 

Expenditure (06 01 02 11) 

0.003 

0.003 

0.003 

0.003 

0.003 

0.006 

0.021 

3 Other expenditure of an 

administrative nature (specify 
including reference to budget line) 

06.010404 (***) 

0.200 

0.600 

0.800 

Missions 06.010503 (****) 

0.014 

0.002 

0.002 

0.002 

0.002 

0.004 

0.026 

expenditure, 
than  human  resources  and 
in 

Total  Administrative 
other 
associated  costs  (NOT 
reference amount) 

included 

0.017 

0.005 

0.005 

0.205 

0.005 

0.610 

0.847 

36 

Specify the type of committee and the group to which it belongs. 

EN 

30 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
Calculation - Other administrative expenditure not included in reference amount 

(*) Missions expenses for DG TREN staff assigned to the project: participating in meetings 
and events relating to SESAR and the SJU. 

(**) Organisation of conferences, seminaries and meetings to present and support SESAR, the 
SJU and the European ATM Master plan. 

(***) Costs related for the two interim and the final evaluations foreseen in Article 7 of Reg. 
219/2007  

(****) Expenses for missions of the END assigned to the project (Research Budget). 

The needs for human and administrative resources shall be covered within the allocation that 
can be granted to the managing DG in the framework of the annual allocation procedure in the 
light of budgetary constraints. 

EN 

31 

   EN