SECTION 1 — Deployment Governance
General principles
1. Deployment governance shall ensure the timely, coordinated and synchronised implementation of common projects while interfacing with and facilitating industrialisation.
2. Deployment governance shall be composed of three levels: policy level; management level; and implementation level.
Policy level
1. The policy level shall be responsible for overseeing SESAR deployment, ensuring that it is in line with the single European sky regulatory framework and safeguards the public interest.
2. The Commission shall be responsible for the policy level, in particular for:
(a)
setting up and adopting common projects in accordance with Article 5;
(b)
selecting the deployment manager, approving the deployment programme and selecting the implementation projects;
(c)
managing the Union funds supporting the deployment manager and the implementation projects;
(d)
identifying incentives for SESAR deployment and enforcing the framework partnership agreement concluded with the deployment manager in accordance with Article 9(5) and any relevant agreements for implementation projects;
(e)
promoting the participation of the civil and military stakeholders;
(f)
developing cooperation and coordination with third countries;
(g)
establishing coordination with standardisation and certification organisations and bodies to facilitate industrialisation and promote interoperability of ATM functionalities;
(h)
monitoring the deployment of common projects and their contribution to achieving the European Union-wide performance targets;
(i)
issuing recommendations to operational stakeholders and Member States.
3. The Commission shall be assisted by the Single Sky Committee, the Industry Consultation Body, the consultative group of experts on the social dimension of the single European sky, the National Supervisory Authorities and the Performance Review Body, within their respective roles and competencies as defined in the single European sky regulatory framework. The Commission may consult the Single Sky Committee on any matter concerning the application of this Regulation.
4. The Commission shall also involve, within their respective competencies and roles:
(a)
Eurocontrol, through cooperative arrangements between Eurocontrol and the Union, to take full advantage of its expertise and its civil-military and pan-European competencies;
(b)
the European Defence Agency, to facilitate the coordination of military views from and in support of the Member States and the relevant international military organisations on SESAR deployment and inform military planning mechanisms of the requirements stemming from SESAR deployment;
(c)
the European Aviation Safety Agency, to ensure that safety issues are integrated into the implementation of common projects, in particular when developing the required technical rules, such as those relating to the design, production and maintenance of systems and constituents for air traffic management and air navigation services, as well as for the personnel and organisations involved therein;
(d)
the SESAR Joint Undertaking, to ensure continuous connection between SESAR research, development, innovation and validation activities and SESAR deployment and to ensure that common projects and the deployment programme are in line with the ATM Master Plan;
(e)
The European Standardisation Organisations and Eurocae, the latter in particular to facilitate and monitor industrial standardisation processes and the use of the resulting standards.
Management level
1. The deployment manager shall be responsible for the management level.
2. The deployment manager shall, in particular, be responsible for:
(a)
developing, proposing, maintaining and implementing the deployment programme, in accordance with Section 2;
(b)
associating the operational stakeholders that are required to implement common projects;
(c)
establishing mechanisms and decision-making processes that ensure efficient synchronisation and overall coordination of the implementation projects and the related investment in line with the deployment programme;
(d)
ensuring effective management of risks and conflict of interest;
(e)
advising the Commission on issues related to the implementation of common projects and to the setting up new common projects;
(f)
implementing Commission decisions and ensuring and monitoring their implementation by the implementation level;
(g)
identifying the most appropriate financing mechanisms combining public and private funding;
(h)
monitoring implementation of the deployment programme;
(i)
reporting to the Commission;
(j)
ensuring appropriate coordination with National Supervisory Authorities.
3. The deployment manager shall be composed of groupings of operational stakeholders or individual operational stakeholders, including from third countries, under the conditions defined in the relevant Union funding programmes. Operational stakeholders may participate in the deployment manager through FAB structures.
4. The deployment manager shall demonstrate, inter alia, its capacity to:
(a)
represent operational stakeholders that are required to implement common projects;
(b)
manage multi-national implementation programmes;
(c)
understand funding and financing mechanisms and financial programme management; and
(d)
use existing structures to involve all operational stakeholders.
5. The selection of the members of the deployment manager by the Commission shall take the form of the award of a framework partnership following a call for proposals in accordance with Article 178 of the Commission Delegated Regulation (EU) No 1268/2012 of 29 October 2012 on the rules of application of Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council on the financial rules applicable to the general budget of the Union ( 10 ) (Rules of Application). The call for proposals shall define the objectives, requirements and the criteria for the selection of the members of the deployment manager in accordance with the Rules of Application. The Single Sky Committee shall be informed on the process of selection of the deployment manager.
6. Members of the deployment manager shall carry out at least one implementation project or part of it.
7. The deployment manager shall make appropriate cooperative arrangements with the Network Manager, the SESAR Joint Undertaking and the military. The appropriate cooperative arrangements shall be submitted to the Commission for approval. The cooperation shall be as follows:
(a)
the deployment manager and the Network Manager shall cooperate to ensure their tasks are fulfilled without any form of duplication or competition, in particular, for the deployment aspects that have an impact on the network infrastructure, airspace organisation and performance as well as coherence with the Network Strategy Plan and the Network Operations Plan; the Network Manager shall also support, within its mandate, the members of the deployment manager in accordance with Articles 4(1)(i) and 4(3)(b) of Regulation (EU) No 677/2011;
(b)
the deployment manager shall cooperate with the SESAR Joint Undertaking to ensure the necessary connections between SESAR research, development, innovation and validation activities and SESAR deployment and shall consult with the SESAR Joint Undertaking on the priorities and the progress made during the development phase on issues related to industrialisation and to ensure consistency with the ATM Master Plan;
(c)
the deployment manager shall coordinate with the military to avoid any adverse impact on national and collective defence capabilities.
8. The deployment manager shall duly take into account the opinion of the entities referred to in paragraph 7 in its decisions that may impact the activities of these entities.
9. In the event of disagreement between the deployment manager and the entities referred to in paragraph 7 the deployment manager shall submit the matter to the Commission for a decision. The deployment manager shall comply with the Commission’s decision.
10. The deployment manager shall seek assistance from the manufacturing industry, through cooperative arrangements, which shall be communicated to the Commission, to receive, inter alia, information on the industrialisation of products.
11. Subject to the availability of funds and under the conditions set out in the relevant Union funding Programme, the Commission shall provide financial support to the deployment manager solely for the execution of its tasks referred to in paragraph 2.
Implementation level
1. The implementation level consists of the implementation projects selected by the Commission to implement common projects in line with the deployment programme.
2. Implementation projects shall be selected by the Commission through calls for proposals to implement the deployment programme and in accordance with the rules and procedures of relevant Union funding programmes.
3. The proposals for implementation projects shall take due account of the maturity of the industrialisation processes for these projects, based on information provided by the manufacturing industry, in particular on the impact of the implementation projects on legacy ATM systems, technical feasibility, cost estimates and roadmaps for technical solutions.
4. The implementation projects and their execution shall comply with the conditions agreed on with the Commission.
SECTION 2 — Deployment programme
Purpose
1. The deployment programme shall provide a comprehensive and structured work plan of all activities necessary to implement technologies, procedures and best practices required to implement common projects. It shall organise these activities in implementation projects identifying the associated risks and mitigation actions, the geographical scope, the timeframe and the operational stakeholders responsible for carrying out the implementation projects.
2. The deployment programme shall constitute the reference for the work of the Management and Implementation levels.
3. The deployment programme shall be part of the framework partnership agreement and, as such, the members of the deployment manager shall commit to implement it.
Establishment and implementation
1. The deployment manager shall submit the proposal for the deployment programme and any proposals for amendments to the Commission for approval.
2. In preparing the proposal for the deployment programme or proposals to amend it, the deployment manager shall coordinate with the Network Manager, the SESAR Joint Undertaking and the military in accordance with Article 9(7).
3. Upon adoption of each common project the Commission shall request the deployment manager to adapt the deployment programme.
Union Funding
1. Union funding to support SESAR deployment shall focus on implementation projects provided for in Article 10, selected for Union funding in accordance with the rules and procedures of the relevant Union funding programmes.
2. The Commission shall make contractual arrangements covering the implementation projects selected to receive Union funding. These arrangements shall define penalties for non-execution of the deployment programme and non-execution of the implementation projects.
Other Incentives
1. Incentives in accordance with Regulations (EC) No 1794/2006 and (EU) No 691/2010 for SESAR deployment may be identified when establishing common projects.
2. Union funding granted in accordance with Article 13 shall be considered as ‘other revenue’ in accordance with Article 2(k) of Regulation (EC) No 1794/2006.
Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.