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

• CELEX: Decision (EU) 2015/2394
• Articles: 3

Article 1

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

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

Article 2

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

Schedules & Appendices

ANNEX

ANNEX

I.    Eurocontrol's roles and tasks

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

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

(1)

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

(a)

air traffic

central flow management;

(b)

ATM network functions if conferred by

on behalf of the European Union;

(c)

ATM functions

tasks on behalf of ICAO for the EUR/NAT region;

(d)

establishment, billing and collection of air navigation charges;

(e)

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

the Agency ;

(f)

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

close cooperation

with the Union .

(2)

As regards Article 2(2) on ‘Roles’:

(a)

With respect to ‘Support’

, the changes shall be as follows:

(i)

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

(ii)

support to the EU bodies including the provision of expertise to support regulatory activities in compliance

accordance with the High-Level Agreement between the EU and Eurocontrol of 29 October 2012

at the request of these bodies ;

(iii)

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

(iv)

contribution to SESAR (R & D, ATM master plan maintenance and deployment) — building upon its expertise in ATM expertise , pan-European coverage, civil-military aspect and central flow network

network management role , in compliance with relevant EU legislation ;

(v)

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

(vi)

offer training/education to Member State organisations.

(b)

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

(i)

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

(ii)

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

(iii)

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

(iv)

international cooperation/coordination (ICAO, FAA, NATO, etc.) on behalf of its Member States, other than EU Member States

subject to respecting EU competences ;

(v)

advising non-EU

at their request those member states that are not EU Member States and have not concluded agreements with the Union, on ATM safety and performance matters, making use of

in compliance with ICAO rules, in coordination with the EU and subject to respecting its competences

EU and EASA rules in this area to inform enhancing harmonization, safety, operational efficiency and economies of scale.

(c)

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

(i)

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

(ii)

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

(iii)

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

(iv)

including reporting to ICAO on the implementation of the global air navigation plan (GANP) and aviation system block upgrades (ASBUs) and ensuring coordination with the EU reporting mechanisms

in agreement with the European Union ;

(v)

collection of traffic data and provision of Statfor forecast.

II.    Centralised services

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

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