Appointment of the Network Manager and duties of the Network Manager following its appointment
1. The appointment of the Network Manager shall take the form of a Commission Decision adopted in accordance with Article 5(2) of Regulation (EC) No 549/2004. That Decision shall include the terms and conditions of the appointment, including the financing of the Network Manager.
2. The period of appointment of the Network Manager shall last at least two reference periods of the performance scheme as set out in Article 8 of Commission Implementing Regulation (EU) No 390/2013 ( 9 ) .
3. A body shall only be appointed as Network Manager if it meets the following conditions:
(a)
it has demonstrated its competence and ability to perform the tasks set out in Article 7;
(b)
it has described the main objectives it plans to achieve during the appointment period, as well as how it will ensure a good quality of its services to operational stakeholders;
(c)
it has described the approach and the means it plans to use and it has described how it plans to perform the tasks of the Network Manager;
(d)
if it also performs activities other than those relevant to the execution of the network functions, it has demonstrated that those other activities will be carried out independently from the Network Manager’s tasks set out in Article 7.
4. The Network Manager, once appointed, shall:
(a)
be certified by the Agency in accordance with Commission Implementing Regulation (EU) 2017/373 ( 10 ) ;
(b)
maintain the operational and technical expertise necessary to perform the tasks set out in Article 7 in an independent, impartial and cost-effective manner;
(c)
act in accordance with the provisions on governance and consultation set out in Chapters III and V;
(d)
avoid conflicts of interest;
(e)
comply with the relevant Union legislation while performing its tasks;
(f)
manage sensitive data securely;
(g)
be represented by a manager who shall be responsible and accountable for the performance of the Network Manager’s tasks and for managing its human and financial resources.
5. The Commission shall regularly monitor the work of the Network Manager and shall assess the Network Manager’s compliance with the conditions referred to in paragraph 3 and 4 of this Article and the tasks set out in Article 7.
Assessment
The Commission shall, at the latest after each reference period of the performance scheme, assess whether the network functions have been executed effectively and whether the Network Manager performs its tasks in an effective manner, in accordance with Article 4(4).
Conditions of withdrawal
1. The following conditions shall justify withdrawal of the appointment of the Network Manager by the Commission:
(a)
failure to comply with the requirements referred to in Article 4 and in the Commission Decision appointing the Network Manager;
(b)
major and persistent failure to meet its performance targets.
2. The Network Manager shall establish and implement appropriate measures to ensure service continuity in the execution of the network functions in the event of withdrawal of the appointment until another body is appointed to act as Network Manager.
Tasks of the Network Manager
1. The Network Manager shall support the execution of the network functions and, for this purpose, it shall:
(a)
establish and keep up-to-date the Network Strategy Plan specified in Article 8, in line with the performance scheme and the ATM Master Plan, taking into account the relevant ICAO European air navigation plan and related documents;
(b)
establish the Network Operations Plan specified in Article 9 to implement the Network Strategy Plan, covering the calendar years of the reference period and the annual, seasonal, weekly and daily periods;
(c)
develop, organise and provide an integrated European Route Network Design function as set out in Annex I;
(d)
coordinate the air traffic flow and capacity management and, through the central unit for ATFM, coordinate and execute ATFM measures as set out in Annex II;
(e)
provide the central function for the coordination of radio frequencies as required by points (a) and (b) of Article 6(4) of Regulation (EC) No 551/2004 and as set out in Annex III, including a central register to record all radio frequency assignment data;
(f)
coordinate the radar transponder codes allocation processes as set out in Annex IV;
(g)
organise the management and operation of the network functions;
(h)
coordinate and support the management of network crises in accordance with Articles 19 and 21; and call upon the EACCC, after consultation of the Commission;
(i)
ensure coordination, relating to the network functions, with ICAO regions other than the ICAO EUR region and countries that do not participate in the work of the Network Manager;
(j)
establish, keep up-to-date and execute the Network Manager’s multiannual work programme and associated budget;
(k)
develop and implement an alert or alarm system to provide the Commission with data based on the analysis of flight plans so that it can monitor compliance with operating bans imposed on air carriers under Regulation (EC) No 2111/2005 of the European Parliament and of the Council ( 11 ) or with other safety and security measures, or with both;
(l)
provide support requested by ICAO for tasks related to the execution of the network functions within the ICAO EUR region, subject to the conclusion of cooperative arrangements with ICAO.
2. The Network Manager shall also contribute to the continuous improvement of network operations in the single European sky and the overall performance of the network, especially regarding the implementation of the performance scheme. In particular, the Network Manager shall:
(a)
ensure that the Network Strategy Plan and the Network Operations Plan contribute to the achievement of the Union-wide targets and associated local performance targets and monitor the implementation of the plans;
(b)
prepare a Network Performance Plan in accordance with the performance scheme and implement it after it is approved by the Commission;
(c)
initiate, support and coordinate cooperation between operational stakeholders in the development and implementation of operational actions to ensure efficient use of available airspace and capacity and reduce network delays;
(d)
identify in the Network Operations Plan all initiatives supporting the development of cross-border coordination and the provision of cross-border air traffic management and air navigation services, highlighting those on which the delivery of the Network Performance Plan is particularly dependent;
(e)
identify operational safety hazards at network level in cooperation with operational stakeholders and assess the associated network safety risk and report them to the Agency;
(f)
provide the operational stakeholders and the relevant authorities of the Member States and the Commission with information on traffic forecast, and operational performance analysis in the context of the implementation of the performance scheme;
(g)
support operational stakeholders in preparing and implementing transition plans for the entry into service of major airspace or ATM system improvements;
(h)
develop procedures for ATFM delay attribution through cooperative decision-making and organise a post operations adjustment process involving air navigation service providers, airports and national supervisory authorities to address issues that relate to ATFM delay measurement, classification and attribution;
(i)
support operational stakeholders in the implementation of a flexible use of airspace in accordance with Regulation (EC) No 2150/2005.
3. To fulfil the tasks referred to in paragraphs 1 and 2, the Network Manager shall:
(a)
ensure that tools, processes and consistent data are available to support the cooperative decision-making process at network level and that such data are shared. Such data shall include, in particular, flight plan processing, European data management systems and aeronautical information relevant to the execution of network functions as well as an electronic integrated briefing portal with access to interested stakeholders subject to Article 3a of Regulation (EC) No 551/2004;
(b)
provide a consolidated and coordinated approach to all planning and operational activities of the network, including monitoring and improvement of the overall network performance in order to improve network efficiency, interoperability and connectivity;
(c)
contribute to amendments to the ICAO documents relating to the network functions following Union processes;
(d)
support operational stakeholders in executing their obligations that are placed on them, in deploying air traffic management or air navigation services (ATM/ANS) systems and procedures in accordance with the ATM Master Plan, in particular the common projects set up in accordance with Commission Implementing Regulation (EU) No 409/2013 ( 12 ) ;
(e)
assist the Commission and the deployment manager as referred to in Article 9 of Implementing Regulation (EU) No 409/2013, in setting up, adopting and implementing the common projects in accordance with Article 5 of that regulation;
(f)
enter into cooperative arrangements with the deployment manager in accordance with point (a) of Article 9(7) and Article 12(2) of Implementing Regulation (EU) No 409/2013;
(g)
monitor the performance of the infrastructure relevant for the execution of the network functions, i.e.:
(i)
the coverage of ground-based navigation systems in support of the implementation and operation of navigation applications;
(ii)
the coverage of space-based navigation systems in support of the implementation and operation of navigation applications on the basis of the information provided by:
(a)
the Galileo Reference Centre (GRC) for the core constellations of the Global Navigation Satellite Systems (GNSS);
(b)
the European Geostationary Navigation Overlay Service (EGNOS) Service Provider for the EGNOS system;
(iii)
surveillance interrogators and avionics;
(iv)
datalink communications;
(v)
airborne collision avoidance systems (ACAS);
(vi)
airborne altimetry;
(h)
develop, organise and provide common network support services related to the network functions that are required by operational stakeholders and which are performed in a central manner for the benefit of the network operational performance and cost-efficiency reasons, i.e.:
(i)
the ATM messaging centre;
(ii)
the network addresses management service.
(i)
support entities entrusted with investigating civil aviation accidents and incidents or with analysing occurrences, as provided for in Regulation (EU) No 996/2010 of the European Parliament and of the Council ( 13 ) , when they request such assistance;
(j)
exchange operational data with operational stakeholders in accordance with Article 13 of Regulation (EC) No 550/2004;
(k)
collect, consolidate and analyse all data identified in Annexes I to VI and provide this data to the Commission, the Agency and the Performance Review Body as requested.
4. The Network Manager shall respond to ad hoc requests from the Commission, the Member States or the Agency for information, advice, analysis or other similar ancillary tasks linked to the various functions.
Network Strategy Plan
1. The Network Manager shall establish and keep up-to-date the Network Strategy Plan, in consistency with the ATM Master Plan and through cooperative decision-making. The Network Strategy Plan shall guide the network’s long-term development and be aligned with the reference periods of the performance scheme and cover the period of appointment of the Network Manager.
2. The Network Strategy Plan shall be established on the basis of the template set out in Annex V. It shall be endorsed by the Network Management Board and approved by the Commission after consultation of Member States.
3. The Network Strategy Plan shall aim to achieve the performance targets for network functions provided for in the performance scheme.
4. The Network Strategy Plan shall be updated at least 12 months before the beginning of each reference period.
Network Operations Plan
1. The Network Manager shall establish a detailed Network Operations Plan, in cooperation with operational stakeholders to implement the Network Strategy Plan at operational level in the short and medium term through cooperative decision-making.
2. The Network Operations Plan shall cover the calendar years of the reference period and of the annual periods, including operational actions contained therein.
3. The Network Operations Plan shall contain the information set out in Annex VI. The Network Operations Plan shall be approved by the Network Management Board.
4. The Network Operations Plan shall include, in particular:
(a)
network operational performance requirements and local reference values of ATFM delay for the purpose of contributing to the achievement of the Union-wide performance targets;
(b)
operational actions that contribute to the achievement of the Union-wide performance targets and local performance targets in the performance scheme covering the calendar years of the reference period and the annual, seasonal, weekly and daily periods considering the latest traffic forecast and its evolution.
5. The Network Operations Plan shall encompass operational actions concerning all network functions and military requirements, if these requirements are provided by Members States. Those operational actions shall be determined through cooperative decision-making and their mutual consistency shall be assessed by the Network Manager.
6. If the Network Manager identifies operational constraints and bottlenecks preventing achievement of the Union-wide and local performance targets, it shall suggest additional operational actions. Such actions shall be determined through cooperative decision-making.
7. Air navigation service providers and airport operators shall ensure that their plans are aligned with the Network Operations Plan and implement the operational actions referred to in point (b) of paragraph 4.
8. The Network Manager shall update the Network Operations Plan as necessary and at least every six months.
Remedial measures
1. If the levels of performance agreed through cooperative decision-making are not achieved, or if the operational actions referred to in paragraph 4(b) of Article 9 are not implemented, the Network Manager shall, as part of the execution of its tasks and without prejudice to the responsibilities of the Member States, propose remedial measures to be taken by operational stakeholders. In doing so, it shall first consult the operational stakeholders affected by those measures, secondly submit the proposal for remedial measures to the working group on operations referred to in Article 18(2) for discussion and lastly obtain the approval of the proposal for remedial measures by the Network Management Board. The operational stakeholders affected by those measures shall implement them or inform the Network Management Board of the reasons for not implementing them.
2. The Network Manager shall inform Member States and the national supervisory authority responsible for the oversight of the operational stakeholder concerned by the remedial measures about the content of the measure and about any aspect related to changes in operational performance.
3. Member States shall inform without undue delay the Commission and the Network Manager where their responsibilities prevent the remedial measures from being implemented or when their implementation leads to inconsistencies with the performance plans.
4. The Network Manager shall establish and keep up to date a register of the operational actions and remedial measures that operational stakeholders have not implemented, including the reasons that prevent their implementation and thereof inform the Commission.
Relations with operational stakeholders
1. To monitor and improve the overall performance of the network, the Network Manager shall conclude appropriate working arrangements with the operational stakeholders in accordance with Article 17.
2. The Network Manager and operational stakeholders shall coordinate the development and deployment of the tools and systems necessary for the execution of network functions to meet the requirements of Article 3(2).
3. The operational stakeholders shall ensure that the operational actions implemented at local or functional airspace block level are compatible with those determined through cooperative decision-making.
4. The operational stakeholders shall provide the Network Manager with the relevant data listed in Annexes I to VI, complying with time periods and requirements determined through cooperative decision-making.
Relations with Member States
1. In the execution of its tasks, the Network Manager shall take due account of the responsibilities of the Member States relating to their sovereignty over their airspace and public order, public security and defence matters.
2. Member States shall remain responsible for the detailed development, approval and establishment of the airspace structures for the airspace under their responsibility.
3. When Member States’ authorities are involved in operational issues related to the network functions, in particular the coordination of scarce resources referred to in point (c) of Article 1(2), the Network Manager shall consult them within the cooperative decision-making process and they shall implement the results determined in this process at national level.
Relations with functional airspace blocks
1. The Network Manager shall closely cooperate and coordinate with air navigation service providers at the level of functional airspace blocks, in particular as regards strategic planning and tactical daily flow and capacity management.
2. The Network Manager shall establish, in close cooperation with air navigation service providers at the level of the functional airspace blocks, harmonised processes, procedures and interfaces to facilitate operational connectivity between functional airspace blocks.
3. Member States cooperating in a functional airspace block shall endeavour to formulate consolidated views on the strategic issues of the network functions referred to in Article 21(2).
4. Air navigation service providers cooperating in a functional airspace block shall endeavour to formulate consolidated views to support cooperative decision-making.
Civil-military cooperation
1. Member States shall ensure appropriate involvement of national military authorities in all activities related to the execution of network functions.
2. Member States shall ensure appropriate representation of the military air navigation service providers and military airspace users in the consultation process and working arrangements established by the Network Manager.
3. The Network Manager shall ensure that appropriate arrangements are in place to allow and support its coordination with national military authorities and other relevant military bodies, including the European Defence Agency (EDA). The scope of that coordination shall cover all aspects related to the execution of the network functions that have an impact on military activities.
4. The ERND and ATFM functions shall be executed without prejudice to the airspace reservations or restrictions for exclusive or specific use by the Member States. The Network Manager shall encourage and coordinate the availability of conditional routes through those volumes and shall facilitate accommodation of military requirements and crisis management responses.
Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.
