Network functions
1. Air traffic management network functions shall lead to the sustainable and efficient use of airspace and of scarce resources. They shall also ensure that airspace users can operate environmentally- and climate-optimised flight trajectories and profiles, while allowing fair and reasonable access to airspace and air navigation services and minimising congestion. The network functions set out in paragraph 2 of this Article shall support seamless access to air navigation services by airspace users as well as the achievement of the Union-wide performance targets, referred to in Article 21(3), point (b), and shall be based on operational requirements. The implementation of those network functions shall respect the provisions of Article 1, and shall be without prejudice to Member States’ sovereignty over their airspace and to their requirements relating to public order, public security and defence matters.
2. The network functions referred to in paragraph 1 are the following:
(a)
the design and utilisation of airspace structures across the Union with a view to offering the required level of safety, capacity, flexibility, responsiveness, environmental performance, with due regard to security and defence needs and without prejudice to the responsibilities of Member States with regard to routes and airspace structures for the airspace under their responsibility;
(b)
ATFM;
(c)
the coordination of scarce resources within aviation frequency bands used by general air traffic, in particular radio frequencies as well as coordination of radar transponder codes;
(d)
the facilitation of delegation of air traffic services provision through cooperation with the air traffic service providers and Member State authorities;
(e)
the delivery of air traffic control capacity in the network in accordance with commitments set out in the NOP, with a view to fulfilling network operational performance requirements and local reference values;
(f)
the management of network crises;
(g)
ATFM delay attribution;
(h)
the management of the planning, monitoring and coordination of implementation activities of the deployment of infrastructure in the European ATM network, in accordance with the European ATM Master Plan, taking into account operational needs and associated operational procedures;
(i)
the monitoring of the functioning of the European ATM network infrastructure.
3. Member States and all relevant operational stakeholders shall execute network functions with the contribution of the Network Manager as defined in Article 38(6) and the implementing act referred to in Article 38(10).
4. The functions set out in paragraph 2 shall not involve the adoption of binding measures of a general scope or the exercise of political discretion. They shall be performed in coordination with civil and military authorities, in particular in accordance with agreed procedures concerning the flexible use of airspace. The measures taken for the implementation of the functions listed in paragraph 2 shall be of purely operational or technical nature and shall take into account the specificities of the Member States.
5. In order to ensure the uniform implementation of and compliance with the provisions referred to in this Article, the Commission shall, with a view to achieving the objectives set out in Article 1, adopt implementing acts, in accordance with the examination procedure referred to in Article 48(3), laying down detailed rules regarding the execution of the network functions, including on crisis management.
The Network Manager
1. In order to achieve the objectives referred to in Article 37(1) of this Regulation, the Commission, supported by the Agency in accordance with Regulation (EU) 2018/1139, shall ensure that the Network Manager contributes to the execution of the network functions set out in Article 37(2) of this Regulation, by carrying out the tasks referred to in paragraph 6 of this Article. The Commission shall supervise the proper execution of the tasks of the Network Manager.
2. The Commission shall appoint an independent, impartial and competent body to carry out the tasks of the Network Manager.
3. To this end, the Commission shall adopt an implementing act in accordance with the examination procedure referred to in Article 48(3).
This appointment Decision shall include the terms and conditions of the appointment, including the financing of the Network Manager.
4. In order to ensure the uniform implementation of and compliance with the provisions referred to in paragraph 2, the Commission shall, with a view to achieving the objectives set out in Article 1, adopt implementing acts laying down detailed provisions including:
(a)
appointment requirements and procedures;
(b)
independence requirements;
(c)
requirements of expertise;
(d)
financing;
(e)
Commission supervision of execution by the Network Manager of its tasks;
(f)
requirements for measuring the performance of the Network Manager.
Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 48(3).
5. The Network Manager shall execute its tasks in an impartial and cost-efficient manner and shall be subject to appropriate governance and independence. If the competent body appointed as the Network Manager has also regulatory functions, organisational separation with such functions shall be ensured. In the execution of its tasks, the Network Manager shall take into consideration the needs of the whole ATM network while safeguarding defence capabilities and it shall fully involve all the operational stakeholders.
6. Upon the application of the implementing act referred to in paragraph 3 of this Article, the Network Manager shall, within the limits of Article 37(4), contribute to the execution of the network functions through the following tasks:
(a)
the establishment of the Network Operations Plan and the preparation of the Network Strategy Plan;
(b)
support to the design and coordination of the utilisation of airspace structures;
(c)
facilitation of the delegation of air traffic services provision, when approved by the concerned Member States, by supporting the Member States and air traffic service providers concerned taking into account the necessary agreements for the coordination of general and operational air traffic and the need to maintain adequate coordination in the relevant airspace structures;
(d)
coordination and support in the delivery of air traffic control capacity in the network in accordance with commitments set out in the NOP, with a view to fulfil network operational performance requirements and local reference values;
(e)
coordination and support in the management of network crises;
(f)
coordination of scarce resources within aviation frequency bands used by general air traffic, in particular radio frequencies as well as coordination of radar transponder codes;
(g)
coordination of ATFM and provision, organisation and operation of the central unit of ATFM;
(h)
the development of procedures and organisation of processes for ATFM delay attribution through cooperative decision-making;
(i)
coordination, monitoring and support in the planning and implementation activities of the deployment of infrastructure in the European ATM network in partnership with the operational stakeholders to ensure their active participation in management and governance;
(j)
the monitoring of the performance of the European ATM network infrastructure;
(k)
coordination with ICAO and ICAO regions in relation with the execution of the network functions;
(l)
the establishment of the Network Manager’s work programme and budget;
(m)
the provision of data on flight plans in relation to Regulation (EC) No 2111/2005 of the European Parliament and of the Council ( 22 ) or with other safety and security measures, and through any other tasks necessary for, and intrinsically linked to, the contribution by the Network Manager to the execution of the network functions, as specified in the implementing acts referred to in paragraph 10.
7. The Network Manager shall contribute to the execution of the network functions through support measures aimed at safe and efficient planning and operations of the stakeholders within the network under normal and network crisis conditions and measures aimed at 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 including in respect of climate and the environment. The action taken by the Network Manager shall take account of the need to fully integrate the airports in the network and aim to ensure compliance with the performance plans and performance targets of designated air traffic service providers.
8. The Network Manager shall cooperate closely with the Commission in order to facilitate that the performance targets referred to in Article 21 are adequately reflected in the overall capacity planning, as well as the capacity to be delivered by individual air traffic service providers and agreed between the Network Manager and those air traffic service providers in the NOP.
9. The Network Manager shall:
(a)
through cooperative decision-making, determine operational actions and propose remedial measures to be taken by operational stakeholders with a view to contributing to the achievement of the Union-wide performance targets and binding local performance targets with due consideration for regional and local circumstances, and to implementing the network operational performance requirements and local reference values as set out in the NOP and advise on climate-optimised flight trajectories; the operational stakeholders may decide whether any proposed remedial measures are to be implemented, and shall inform the Network Management Board of the reasons for not implementing them.
(b)
in coordination with relevant parties, advise the Commission and provide relevant information to the PRB on the deployment of the ATM network infrastructure in accordance with the European ATM Master Plan, in particular to identify investments necessary for the network.
10. In order to ensure the uniform implementation of the provisions referred to in paragraphs 6 to 9 of this Article, the Commission shall, with a view to achieving the objectives set out in Article 1, adopt implementing acts establishing detailed rules for the implementation of the tasks of the Network Manager, as defined to in those paragraphs.
Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 48(3).
11. In the execution of its tasks, the Network Manager shall take measures through a cooperative decision-making process. Parties to the cooperative decision-making process shall act to the maximum extent possible with a view to improving the functioning and performance of the network including the achievement of the Union-wide performance targets in the key performance area of climate and environment. The cooperative decision-making process shall promote the interest of the network taking into account essential security and defence interests, and other local or regional conditions, such as geographical, topographical and meteorological conditions.
Member States shall be fully involved in decisions of strategic importance, in particular in the shaping of the Network Strategy Plan.
12. The cooperative decision-making process referred to in paragraph 11 shall be based, in particular, on a consultation process of operational stakeholders, airport slot coordinators, Member States and, where relevant, the Agency and the Commission, on working arrangements and processes for operations and on resolution mechanisms involving the Network Management Board where necessary.
Where a Member State’s sovereignty over its airspace is concerned, the consent of that Member State is required.
13. In order to ensure the uniform implementation of and compliance with the provisions referred to in paragraphs 11 and 12, the Commission shall, with a view to achieving the objectives set out in Article 1, adopt implementing acts laying down, detailed provisions regarding the cooperative decision-making process including:
(a)
a process to consult operational stakeholders, airport slot coordinators, Member States and, where relevant, the Agency and the Commission;
(b)
working arrangements and processes for operations;
(c)
the involvement of Member States’ authorities when required;
(d)
resolution mechanisms involving the Network Management Board where necessary;
(e)
any other measure necessary with regard to the decision-making processes.
Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 48(3).
14. A Network Management Board is established with a view to ensuring appropriate governance over the execution of the network functions.
The Network Management Board shall be responsible for:
(a)
approving or endorsing measures taken or proposed by the Network Manager in accordance with the implementing act referred to in paragraph 15;
(b)
approving the specifications for the consultation and the detailed working arrangements referred to in paragraphs 12 and 13;
(c)
approving the NOP;
(d)
endorsing the NSP, after consulting and taking into account the opinion of the Member States, and before it is approved by the Commission;
(e)
monitoring the implementation of network functions and for providing opinions or recommendations on specific issues; and
(f)
any other measure necessary for the execution of the governance mechanisms.
The approval by the Commission of the NSP shall take the form of an implementing act. That implementing act shall be adopted according to the examination procedure referred to in Article 48(3).
The Network Management Board shall have voting and non-voting members. It shall be composed of representatives of the operational stakeholders, of representatives of the Commission, of representatives of the Network Manager and of representatives of Eurocontrol.
15. In order to ensure the uniform implementation of and compliance with the provisions referred to in paragraph 14 of this Article, the Commission shall, with a view to achieving the objectives set out in Article 1, adopt implementing acts, laying down detailed rules regarding the Network Management Board in particular for:
(a)
the composition of the Network Management Board;
(b)
the functioning and responsibilities of the Network Management Board as defined in paragraph 14;
(c)
the network governance mechanisms.
Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 48(3).
16. Without prejudice to Article 37(2), point (a), of this Regulation and to Articles 44 and 46 of Regulation (EU) 2018/1139 and the delegated and implementing acts adopted on the basis thereof, Member States shall have the complete competence for the development, approval and establishment of the routes and airspace structures for the airspace under their responsibility. In that regard, Member States shall take into account air traffic demands, seasonality and complexity of air traffic and of performance plans. Before deciding on those aspects, they shall take due consideration of the needs of airspace users concerned or groups representing such airspace users and military authorities as appropriate.
Transparency of accounts of the Network Manager
1. The financial accounts of the Network Manager shall be drawn up and published annually. Those accounts shall comply with the international accounting standards adopted by the Union. Where, due to the legal status of the Network Manager, full compliance with the international accounting standards is not possible, the Network Manager shall achieve such compliance to the maximum possible extent.
2. The Network Manager shall publish an annual report on its activities and regularly undergo an independent audit.
Relations with stakeholders
Air traffic service providers shall establish consultation mechanisms to consult the relevant airspace users, airport operators and military authorities on all major issues related to services provided, including relevant changes to airspace configurations, or major investments which have a relevant impact on air traffic management and air navigation service provision or charges. In particular, their positions shall be taken into consideration at an early stage in the process of developing long-term strategic investment plans, especially as regards aspects requiring synchronisation between air and ground equipment deployment.
Relations with military authorities
Member States shall, within the context of the common transport policy ensure that written agreements between the competent civil and military authorities or equivalent legal arrangements are established or renewed in respect of the management of specific airspace blocks and inform the Commission accordingly.
Availability of and access to operational data for general air traffic
1. With regard to general air traffic, relevant operational data shall be made available in an interoperable format in real-time, on a transparent and non-discriminatory basis and without prejudice to national security, public order and defence policy interests, by all air navigation service providers, airspace users, airports and the Network Manager, including on a cross-border and a Union-wide basis. Such availability shall be to the benefit of certified or declared air navigation service providers, entities having a proven interest in considering the provision of air navigation services, military entities in charge of security and defence activities, military air navigation service providers, airspace users and airports as well as the Network Manager. The data shall be used only for operational purposes.
2. Prices for the service referred to in paragraph 1 shall be based on general principles and common pricing rules to be established in the implementing act referred to in paragraph 4.
3. Access to relevant operational data as referred to in paragraph 1 of this Article shall be granted free of charge to the authorities in charge of safety oversight, performance and network oversight, security, public order, and defence, including the Agency, in accordance with Regulation (EU) 2018/1139.
4. The Commission shall adopt implementing acts laying down the detailed requirements for the making available of and the access to data in accordance with paragraphs 1 and 3 of this Article, including the specific operational data concerned, the general principles and common pricing rules for setting the prices as referred to in paragraph 2 of this Article, and requirements for the identification of entities having a proven interest in considering the provision of air navigation services. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 48(3).
