Commission Decision (EU) 2023/2109 of 10 October 2023 establishing a Commission expert group on the human dimension of the single European sky and repealing Decision C(2017) 7518
Date: 2023-10-10
Institutions: Directorate-General for Mobility and Transport, European Commission
Subjects: Single European Sky, expert group (EU), operation of the Institutions




L_202302109EN.000101.fmx.xml












Official Journal of the European Union


EN
Series L













2023/2109


12.10.2023







            COMMISSION DECISION (EU) 2023/2109
of 10 October 2023
         
establishing a Commission expert group on the human dimension of the single European sky and repealing Decision C(2017) 7518


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 10 thereof,

Whereas:







(1)


Article 10 of Regulation (EC) No 549/2004 requires Member States and the Commission to ensure that stakeholders, including professional staff representative bodies, are consulted on the implementation of the single European sky.












(2)


In this context, what is known as the ‘human dimension’ of the single European sky includes the technical and operational changes to working practices and procedures, which impact individuals and groups of actors in the implementation of the single European sky. Working conditions and other social aspects of air traffic management are addressed in the Committee set up under Commission Decision 98/500/EC (2).












(3)


There has been a continuing need for an effective Union-level consultation mechanism providing expertise on the human dimension of the single European sky, without prejudice to work done on the implementation of Air Traffic Management (ATM)/Air Navigation Services (ANS) related rules under Regulation (EU) 2018/1139 of the European Parliament and of the Council (3). To this effect, in 2017 the Commission called upon the expertise of specialists by setting up an expert group on the human dimension of the single European sky (4).












(4)


The Decision which established the expert group on the human dimension of the single European sky should be repealed and replaced with a new Decision to ensure compliance with Commission Decision C(2016) 3301 (5) establishing horizontal rules on the creation and operation of Commission expert groups. In particular, modifications are necessary as regards membership and chairmanship of the group. Also, a provision allowing for the participation of observers should be added to diversify expertise provided by the group.












(5)


Rules should be laid down on the disclosure of information by members of the group.












(6)


Personal data should be processed in accordance with Regulation (EU) 2018/1725 of the European Parliament and of the Council (6).












(7)


To ensure continuity of the work of the expert group on the human dimension of the single European sky, Commission Decision C(2017) 7518 should be repealed 3 months after the entry into force of the present Decision so to provide sufficient time for members of the new expert group to be appointed.





HAS ADOPTED THIS DECISION:



Article 1

Subject matter

The Commission expert group on the human dimension of the single European sky (‘the group’) is hereby established.


Article 2

Tasks

The group’s tasks shall be:






(a)


to provide expert advice to the Commission on the implementation of the single European sky as regards measures that have significant human dimension implications;










(b)


to facilitate cooperation and coordination between the Commission and relevant stakeholders on questions relating to the implementation of Union legislation, programmes and policies on the single European sky, notably its human dimension;










(c)


to ensure an exchange of expertise, experience and good practice among members as regards the human dimension of the single European sky.






Article 3

Membership


1.   Members shall be individuals appointed in a personal capacity and organisations with knowledge and experience on the human dimension of the single European sky.


2.   Members appointed in a personal capacity shall act independently and in the public interest.


3.   Organisations shall nominate their representatives and shall be responsible for ensuring that their representatives provide a high level of expertise.


4.   Members who are no longer capable of contributing effectively to the expert group’s deliberations, who, in the opinion of the Commission’s Directorate-General Mobility and Transport (‘DG MOVE’), do not comply with the conditions set out in Article 339 of the Treaty on the Functioning of the European Union or who resign, shall no longer be invited to participate in any meetings of the group and may be replaced for the remainder of their term of office.



Article 4

Selection process


1.   The selection of the group’s members shall be carried out via a public call for applications, to be published on the Register of Commission expert groups and other similar entities (‘the Register of expert groups’). In addition, the call for applications may be published through other means, including on dedicated websites. The call for applications shall clearly outline the selection criteria, including the required expertise and the interests to be represented in relation to the work to be performed. The minimum deadline for applications shall be four weeks.


2.   Individuals applying to be appointed as members of the group in a personal capacity shall disclose any circumstances that could give rise to a conflict of interest. In particular, the Commission shall require those individuals to submit a declaration of interests (‘DOI’) form on the basis of the standard DOI form for expert groups (7), together with an updated curriculum vitae (CV), as part of their application. Submission of a duly completed DOI form shall be necessary in order to be eligible to be appointed as a member in a personal capacity. The conflict of interest assessment shall be performed in compliance with the Commission’s horizontal rules on expert groups (‘the horizontal rules’) (8).


3.   Registration in the Transparency Register is required in order for organisations to be appointed.


4.   The members of the group shall be appointed by the Director- General of DG MOVE from applicants with competence in the areas referred to in Article 2 and who have responded to the call for applications.


5.   Members shall be appointed for 5 years. They shall remain in office until the end of their term of office or until replaced. Their term of office may be renewed.


6.   DG MOVE may establish a reserve list of suitable candidates that may be used to appoint members’ replacements. DG MOVE shall ask applicants for their consent before including their names on the reserve list.



Article 5

Chair

The group shall elect a Chairperson and a Vice-Chairperson from amongst its members by simple majority for a period of 1 year, renewable once.


Article 6

Operation


1.   The group shall act at the request of its chairperson, with the agreement of DG MOVE, and in compliance with the horizontal rules and the rules of procedure of the group (9).


2.   Meetings of the group shall, in principle, be held on Commission premises or virtually, depending on the circumstances.


3.   Officials from DG MOVE shall attend the meetings and ensure support and secretarial services (10). Officials from other Commission departments with an interest in the proceedings may also attend.


4.   In agreement with DG MOVE, the group may, by simple majority of its members, decide that deliberations shall be public.


5.   Minutes on the discussion on each point on the agenda and on the opinions delivered by the group shall be meaningful and complete. Minutes shall be drafted by the secretarial services under the responsibility of the Chair.


6.   Where possible, the group shall adopt its opinions, recommendations or reports by consensus. In the event of a vote, the outcome of the vote shall be decided by simple majority of the members. Members that voted against or abstained shall have the right to summarise the reasons for their position in a written annex to the opinions, recommendations or reports.



Article 7

Sub-groups


1.   DG MOVE may set up sub-groups for the purpose of examining specific questions on the basis of terms of reference defined by DG MOVE. Sub-groups shall operate in compliance with the horizontal rules and shall report to the group. They shall be dissolved as soon as their mandate is fulfilled.


2.   The members of sub-groups that are not members of the group shall be selected via a public call for applications, in compliance with Article 5 and the horizontal rules.



Article 8

Invited experts

DG MOVE may invite non-member experts with specific expertise with respect to a subject matter on the agenda to take part in the work of the group on an ad hoc basis. They shall not have voting rights.


Article 9

Observers


1.   Individuals, organisations and public entities other than Member States’ authorities may be granted an observer status, in compliance with the horizontal rules, by direct invitation by the DG MOVE.


2.   Organisations and public entities appointed as observers shall nominate their representatives.


3.   Observers and observers’ representatives may be permitted by the Chair to take part in the discussions of the group and its sub-groups and provide expertise. However, they shall not have voting rights and shall not participate in the formulation of recommendations or advice of the group and its sub-groups.



Article 10

Rules of procedure

On a proposal by and in agreement with DG MOVE the group shall adopt its rules of procedure by simple majority of its members, on the basis of the standard rules of procedure for expert groups, in compliance with the horizontal rules. Sub-groups shall operate in compliance with the group’s rules of procedure.


Article 11

Professional secrecy and handling of classified information

The group members and their representatives, as well as invited experts and observers, are subject to the obligation of professional secrecy, which by virtue of the Treaties and the rules implementing them applies to all members of the institutions and their staff, and to the Commission’s rules on security regarding the protection of Union classified information, as laid down in Commission Decisions (EU, Euratom) 2015/443 (11) and 2015/444 (12). Should they fail to respect these obligations, the Commission may take all appropriate measures.


Article 12

Transparency


1.   The group and its sub-groups shall be registered in the Register of Commission expert groups and other similar entities (‘the Register of expert groups’).


2.   As concerns the group and sub-groups composition, the following data shall be published on the Register of expert groups:






—


the name of individuals appointed in a personal capacity;










—


the name of member organisations; the interest represented shall be disclosed;










—


the name of observers.






3.   All relevant documents, including the agendas, the minutes and the participants’ submissions, shall be made available on the Register of expert groups. In particular, the agenda and other relevant background documents shall be published in due time ahead of the meeting, followed by timely publication of minutes. Exceptions to publication shall only be possible where it is deemed that disclosure of a document would undermine the protection of a public or private interest as defined in Article 4 of Regulation (EC) No 1049/2001 of the European Parliament and of the Council (13).



Article 13

Meeting expenses


1.   Participants in the activities of the group and sub-groups shall not be remunerated.


2.   The Commission shall reimburse travel and, where appropriate, subsistence expenses incurred by participants in group meetings in accordance with Commission Decision C(2007) 5858 (14) and upon prior agreement by DG MOVE. Reimbursement shall be made in accordance with the provisions in force in the Commission and within the limits of the available appropriations allocated to the Commission departments under the annual procedure for the allocation of resources.



Article 14

Repeal

The Decision C(2017) 7518 of 21 November 2017 establishing an expert group on the human dimension of the single European sky is repealed on 15 February 2024.


Article 15
This Decision shall enter into force on the day following that of its publication in the Official Journal of the European Union.




Done at Brussels, 10 October 2023.


For the Commission

Adina-Ioana VĂLEAN
            

Member of the Commission






(1)  
            OJ L 96 31.3.2004, p. 1.

(2)  Commission Decision 98/500/EC of 20 May 1998 on the establishment of Sectoral Dialogue Committees promoting the Dialogue between the social partners at European level (OJ L 225, 12.8.1998, p. 27).

(3)  Regulation (EU) 2018/1139 of the European Parliament and of the Council of 4 July 2018 on common rules in the field of civil aviation and establishing a European Union Aviation Safety Agency, and amending Regulations (EC) No 2111/2005, (EC) No 1008/2008, (EU) No 996/2010, (EU) No 376/2014 and Directives 2014/30/EU and 2014/53/EU of the European Parliament and of the Council, and repealing Regulations (EC) No 552/2004 and (EC) No 216/2008 of the European Parliament and of the Council and Council Regulation (EEC) No 3922/91 (OJ L 212 22.8.2018, p. 1).

(4)  Commission Decision C(2017) 7518 of 21 November 2017 on the establishment of an expert group on the human dimension of the single European sky.

(5)  Commission Decision C(2016) 3301 of 30 May 2016 establishing horizontal rules on the creation and operation of Commission expert groups.

(6)  Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC (OJ L 295, 21.11.2018, p. 39).

(7)  C(2016) 3301, Article 11 and Annex 4.

(8)  Idem.

(9)  See Article 10.

(10)  Such services may be provided by an external contractor under the supervision of DG MOVE.

(11)  Commission Decision (EU, Euratom) 2015/443 of 13 March 2015 on Security in the Commission (OJ L 72, 17.3.2015, p. 41).

(12)  Commission Decision (EU, Euratom) 2015/444 of 13 March 2015 on the security rules for protecting EU classified information (OJ L 72, 17.3.2015, p. 53).

(13)  Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents (OJ L 145, 31.5.2001, p. 43). These exceptions are intended to protect public security, military affairs, international relations, financial, monetary or economic policy, privacy and integrity of the individual, commercial interests, court proceedings and legal advice, inspections/investigations/audits and the institution’s decision-making process.

(14)  Commission Decision C(2007) 5858 of 5 December 2007
            ‘Rules on the reimbursement of expenses incurred by people from outside the Commission invited to attend meetings in an expert capacity’.


ELI: http://data.europa.eu/eli/dec/2023/2109/oj
ISSN 1977-0677 (electronic edition)