Cooperative decision-making
1. Member States and operational stakeholders shall execute network functions with the support of the Network Manager through cooperative decision-making that includes the following elements:
(a)
the consultation process provided for in Article 16;
(b)
detailed working arrangements and processes for operations provided for in Article 17.
2. The Network Manager shall assist the Network Management Board in adopting measures related to the governance of the network functions provided for in Article 18.
3. When the Network Manager’s actions are disputed by one or several operational stakeholder(s), the Network Manager shall refer the matter to the Network Management Board for resolution.
Consultation process
1. The Network Manager shall establish a process for the appropriate and regular consultation of the interested parties referred to in Article 1(3).
2. The consultation shall cover the detailed working arrangements and processes for operations provided for in Article 17, the Network Strategy Plan, the Network Operations Plan and the Network Performance Plan, as well as progress in the implementation of the plans, reports to the Commission and on operational issues.
3. The Network Manager shall adjust the consultation process to the needs of the individual network functions. In order to ensure that regulatory issues can be addressed, Member States’ authorities shall be involved when required.
4. Where operational stakeholders claim that their views on a specific issue were not duly considered, the issue shall first be referred to the Network Manager for further consideration. Where the issue cannot be resolved in that manner, it shall be referred to the Network Management Board for resolution.
Working arrangements and processes for operations
1. The Network Manager shall establish detailed working arrangements with operational stakeholders, Member States, third countries as referred to in Article 24(1), and associated countries as appropriate, and processes for operations to address planning and operational aspects related to the execution of network functions, taking into account in particular the specific features and requirements of the individual network functions as specified in Annexes I to IV.
2. The Network Manager shall ensure that the detailed working arrangements and processes for operations contain rules for notification of the remedial measures resulting from cooperative decision-making addressed to the interested parties referred to in Article 1(3).
3. Those detailed working arrangements and processes for operations shall comply with the requirements on the separation of service provision from regulatory issues provided for in Article 4(2) of Regulation (EC) No 549/2004.
Network Management Board
1. The Network Management Board shall be responsible for:
(a)
endorsing the draft Network Strategy Plan;
(b)
approving the Network Operations Plans;
(c)
approving the proposals for remedial measures referred to in Article 10;
(d)
approving the specifications for the consultation processes as well as the detailed working arrangements and processes for operations for the network functions referred to in Articles 15 and 17 and the post operations adjustment process referred to in Article 7(2)(h);
(e)
approving the Rules of Procedure of the European Aviation Crisis Coordination Cell provided for in Article 19(5) and its work programme;
(f)
monitoring the progress in the implementation of the Network Strategy Plan, the Network Operations Plan and the Network Performance Plan referred to in point (b) of Article 7(2) and addressing any potential deviations from initial plans;
(g)
monitoring the consultation process of operational stakeholders;
(h)
monitoring the activities related to management of the network functions and the performance of the tasks of the Network Manager, including the quality of the services it provides to operational stakeholders;
(i)
monitoring the Network Manager’s activities related to network crises;
(j)
approving the annual report referred to in Article 22(3);
(k)
addressing the issues referred to in Articles 15(3) and 16(4) which are not solved at the level of the individual network function;
(l)
endorsing the Network Manager’s annual budget;
(m)
approving the Board’s Rules of Procedure;
(n)
approving the work programme referred to in point (j) of Article 7(1) and monitoring its implementation;
(o)
endorsing the Network Performance Plan referred to in point (b) of Article 7(2);
(p)
giving an opinion on possible additional functions that might be attributed to the Network Manager in application of Article 6(3) or point (c) of Article 6(4) of Regulation (EC) No 551/2004;
(q)
providing recommendations for the purpose of the monitoring of the performance of the infrastructure referred to in Article 7(3)(g), including the corresponding cost benefit analyses;
(r)
giving opinions on the development and provision of common network support services referred to in Article 7(3)(h), including the corresponding cost benefit analyses;
(s)
approving the cooperative arrangements referred to in point (l) of Article 7(1), point (f) of Article 7(3) and Article 24;
(t)
giving an opinion on the appointment of the manager of the Network Manager, as referred to in point (g) of Article 4(4).
2. The Network Management Board shall set up working groups to support it in its work, in particular a working group on operations composed of the operational stakeholders’ directors of operations.
3. The Network Management Board shall have the following voting members:
(a)
one representative of air navigation service providers per functional airspace block, established or under establishment, with a total number of four votes for all air navigation service providers;
(b)
four representatives of commercial and non-commercial civil airspace users;
(c)
two representatives of the airport operators;
(d)
two representatives of the military air navigation service providers and airspace users
4. The Network Management Board shall have the following non-voting members:
(a)
the chairperson of the Network Management Board;
(b)
one representative of the Commission;
(c)
the manager of the Network Manager, as referred to in point (g) of Article 4(4);
(d)
the chairperson of the working group on operations referred to in paragraph 2;
(e)
two representatives of air navigation service providers of associated countries contributing to the work of the Network Manager;
(f)
one representative of Eurocontrol.
5. Each member of the Network Management Board shall have an alternate.
6. The Commission shall appoint the chairperson of the Network Management Board based on his or her technical competence and expertise and upon proposal from the voting members of the Network Management Board. It shall also appoint two vice-chair persons from the voting members.
7. The Commission shall appoint the voting members and their alternates referred to in points (a) of paragraph 3 upon proposals from their organisations. It shall appoint the voting members and their alternate referred to in point (b) and (c) of paragraph 3, upon proposals from their respective European representative bodies. It shall appoint the voting member and its alternate referred to in point (d) of paragraph 3, upon proposals from EDA. It shall appoint the non-voting members referred to in point (e) of paragraph 4, upon proposal from Eurocontrol based both on a rotation, which allows each associated country to be appointed in turn, and on the operational needs at the time of the appointment.
8. The Commission may appoint observers and independent experts as advisors who serve in their personal capacity and represent a broad range of disciplines encompassing the network functions.
9. The members referred to in points (a) and (b) of paragraph 4 shall have the right to reject proposals that have an impact on:
(a)
the compatibility of Network Management Board activities with the aims and objectives of this Regulation;
(b)
the impartiality and equity in the execution of network functions.
10. The decisions referred to in points (a) to (e), (j), (l) to (o) and (s) of paragraph 1 shall be adopted by the Network Management Board by simple majority of its voting members.
11. Meetings of the Network Management Board shall be convened by its chairperson. The board shall hold at least three ordinary meetings a year. In addition it shall meet at the request of the chairperson or the Commission. The Network Manager shall provide the secretariat for the Network Management Board and the chairperson.
12. The Network Manager shall provide the resources required for the establishment and operation of the Network Management Board and its working groups.
Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.
