Role of the Single Sky Committee
- The Network Manager shall refer regulatory issues to the Commission; the Commission shall inform the Single Sky Committee of those issues.
- The Single Sky Committee shall give an opinion on:
(a) the nomination of the Network Manager;
(b) the appointment of the chairperson of the Network Management Board;
(c) the appointment of the voting members of the Network Management Board;
(d) the Rules of Procedure of the Network Management Board;
(e) the Network Strategy Plan, and in particular the objectives of this plan at an early stage;
(f) the annual budget of the Network Manager;
(g) the Rules of Procedure of the European Aviation Crisis Coordination Cell;
(h) the cooperative decision-making processes, the consultation processes as well as the detailed working arrangements and processes for operations for the network functions.
- The Single Sky Committee may advise the Commission when agreement cannot be reached on issues of major network significance by the Network Management Board.
Chapter IV. NETWORK CRISIS MANAGEMENT
Establishment of the European Aviation Crisis Coordination Cell
- The management of network crises shall be supported by the establishment of a European Aviation Crisis Coordination Cell (the EACCC).
- Permanent members of the EACCC shall consist of one representative of the Member State holding the Presidency of the Council, the Commission, the Agency, Eurocontrol, the Network Manager, the military, the air navigation services providers, the airportsand the airspace users.
- The composition of the EACCC may be enhanced on a case-by-case basis by experts depending on the nature of the specific crisis.
- The EACCC shall prepare its Rules of Procedure for adoption by the Network Management Board.
- The Network Manager shall make available the resources required for the establishment and operation of the EACCC.
Responsibilities of the Network Manager and the EACCC
- The Network Manager in conjunction with the EACCC members shall be responsible for activating and deactivating the EACCC.
- The Network Manager, with the support of the EACCC, shall be responsible for:
(a) coordinating the management of response to the network crisis, in accordance with the EACCC Rules of Procedure, involving close cooperation with corresponding structures in Member States;
(b) supporting the activation and coordination of contingency plans at Member State level in particular through a network of State focal points;
(c) the elaboration of mitigating measures at network level to secure the provision of a timely response to such network crisis situations to protect and ensure the continued and safe operation of the network. For this purpose the Network Manager shall:
(i) monitor the network situation with regard to network crises on a 24-hour basis;
(ii) ensure an effective information management and communication through the dissemination of accurate, timely and consistent data to support the application of risk management principles and processes in decision-making processes;
(iii) facilitate the organised collection and centralised storage of that data;
(d) highlighting, where appropriate, to the Commission, the Agency or Member States opportunities for additional support for mitigation of the crisis, including liaising with operators of other modes of transport who may identify and implement intermodal solutions;
(e) monitoring and reporting on the network recovery and sustainability;
(f) organising, facilitating and/or performing an agreed programme of crisis exercises involving Member States and operational stakeholders to anticipate real time network crisis.
Chapter V. MONITORING, REPORTING AND OVERSIGHT
Monitoring and reporting
- The Network Manager shall establish a process of continuous monitoring of:
(a) the operational network performance;
(b) the measures taken and the performance outcome achieved by the operational stakeholders and States;
(c) the effectiveness and efficiency of each of the functions covered by this Regulation.
- The continuous monitoring shall identify any potential deviation from the Network Strategy Plan and Network Operations Plans. The operational stakeholders shall assist the Network Manager in this task by performing certain tasks including but not limited to the provision of data.
- The Network Manager shall submit annually a report to the Commission and the Agency on the measures taken to fulfil its tasks. The report shall address individual network functions as well as the total network situation and shall be closely linked to the content of the Network Strategy Plan, the Network Operations Plan and the Network Performance Plan, referred to in Article 6(d) of Implementing Regulation (EU) No 390/2013. The Commission shall inform the Single Sky Committee.
Oversight of the Network Manager
The Commission, assisted by the Agency in matters related to safety, shall ensure the oversight of the Network Manager, in particular in respect of the requirements contained in this Regulation and other Union legislation. The Commission shall report to the Single Sky Committee annually or when so specifically requested.
Chapter VI. FINAL PROVISIONS
Relations with third countries
- Third countries together with their operational stakeholders may participate in the work of the Network Manager.
- The Network Manager may, where it has a direct impact on the performance of the network, enter into cooperative arrangements with air navigation service providers established in third countries other than those defined in Article 2(21) within the ICAO EUR and AFI regions.
- In order to better perform the ATFM function referred to in Article 3(5), the Network Manager may, where it has a direct impact on the performance of the network, also enter into cooperative arrangements with air navigation service providers operating in regions other than the ICAO EUR and AFI regions in so far that cooperation activities are directly related to improving the performance of the network.
Financing and budget of the Network Manager
- Member States shall take the necessary measures for the funding of the network functions entrusted to the Network Manager based on air navigation charges. The Network Manager shall establish its costs in a clear and transparent manner.
- The budget of the Network Manager shall in particular:
(a) be adequate for it to be able to meet the performance targets for the Network Manager in accordance with Article 6 of Implementing Regulation (EU) No 390/2013;
(b) be adequate for it to be able to implement the work programme of the Network Manager as referred to in Article 4(1)(l) of this Regulation;
(c) be set in separate accounts where the body appointed to act as the Network Manager performs activities other than those referred to in Article 4.
- If its budget for the ongoing year is not endorsed, the Network Manager shall apply appropriate measures to ensure contingency mechanisms for business continuity of network functions.
The Network Manager shall put arrangements in place to cover liability related to the execution of its tasks. The method employed to provide the cover shall be appropriate to the potential loss and damage in question, taking into account the legal status of the Network Manager and the level of commercial insurance cover available.
The Commission shall review the effectiveness of the execution of the network functions by 31 December 2013 at the latest and regularly thereafter, taking appropriate account of the reference periods for the performance scheme provided for in Regulation (EU) No 691/2010.
Статья 26 утратила силу — Имплементационный Регламент (ЕС) 390/2013 Европейской Комиссии от 3 мая 2013 г.
Entry into force
This Regulation shall enter into force on the 20th day following its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
THE EUROPEAN ROUTE NETWORK DESIGN (ERND) FUNCTION
- The ERND function shall:
(a) achieve an European Route Network Improvement Plan for the safe and efficient operation of air traffic, taking due account of the environmental impact;
(b) facilitate, within the European Route Network Improvement Plan, the development of an airspace structure offering the required level of safety, capacity, flexibility, responsiveness, environmental performance and seamless provision of expeditious air navigation services, with due regard to security and defence needs;
(c) ensure regional interconnectivity and interoperability of the European route network within the ICAO EUR Region and with adjacent ICAO Regions.
- The development of an European Route Network Improvement Plan shall rely on a cooperative decision-making process. The European Route Network Improvement Plan shall form the ERND-specific part of the Network Operations Plan and present detailed rules implementing the ERND-part of the Network Strategy Plan.
- Member States will remain responsible for the detailed development, approval and establishment of the airspace structures for the airspace under their responsibility.
- Without prejudice to Member States’ sovereignty over the airspace and to the requirements of the Member States relating to public order, public security and defence matters, the Network Manager, Member States, third countries, airspace users, functional airspace blocks and air navigation service providers as part of functional airspace blocks or individually shall develop, using a cooperative decision-making process, the European Route Network Improvement Plan, while applying the airspace design principles set out in this Annex. The European Route Network Improvement Plan shall meet the performance targets set for the Network Manager in the performance scheme.
- The cooperative decision-making process shall be supported by appropriate permanent detailed working arrangements to be settled at expert level by the Network Manager with the participation of all stakeholders. The consultation arrangements will be organised with a periodicity that reflects the needs of the European Route Network Design function.
- To ensure appropriate connectivity of the European Route Network Improvement Plan, the Network Manager and the Member States shall include third countries in the cooperative decision-making process in accordance with Article 22. Appropriate cooperation shall be ensured between, on the one hand, the Network Manager and its expert level detailed working arrangements supporting the development of the European Route Network Improvement Plan and, on the other hand, the relevant ICAO expert level working arrangements covering route network improvements at the interface.
- The European Route Network Improvement Plan is a rolling plan that shall reflect all the elements necessary to ensure that European airspace is designed as a single entity and meets the applicable performance targets.
- The plan shall include:
(a) common general principles complemented by technical specifications for airspace design;
(b) military airspace requirements;
(c) an agreed European route network and, where feasible, free route airspace structure designed to meet all user requirements with details covering all the airspace change projects;
(d) route network and free route airspace utilisation rules and availability;
(e) indications on recommended ATC sectorisation in support of the ATS airspace structure to be designed, decided and implemented by the Member States;
(f) guidelines for airspace management;
(g) a detailed development timetable;
(h) the calendar for a common publication and implementation cycle, through the Network Operations Plan;
(i) an overview of the current and expected network situation, including expected performance based on current and agreed plans.
- The Network Manager shall ensure appropriate arrangements in all activities to allow civil-military coordination in the cooperative decision-making process.
- The Network Manager, Member States, functional airspace blocks and air navigation service providers as part of functional airspace blocks or individually shall ensure coherent integration of agreed airspace design projects, agreed through the cooperative decision-making process, in the European Route Network Improvement Plan.
- Member States and functional airspace blocks shall ensure that, prior to implementation, national and functional airspace blocks airspace design projects are compatible and consistent with the European Route Network Improvement Plan and are coordinated with those States impacted by them and the Network Manager.
- The data regarding the changes to projects that require checking for compatibility and that need to be made available to the Network Manager include, but are not limited to:
(a) changes in route alignment;
(b) changes in route direction;
(c) changes in route purpose;
(d) free route airspace description, including associated utilisation rules;
(e) route utilisation rules and availability;
(f) changes in vertical or horizontal sector boundary;
(g) addition or removal of significant points;
(h) changes in cross-border airspace utilisation;
(i) changes to the coordinates of significant points;
(j) changes affecting data transfer;
(k) changes affecting data published in aeronautical information publications;
(l) changes affecting letters of agreement with regard to airspace design and utilisation.
- The Network Manager and Member States shall, in the context of this Annex through the cooperative decision-making process, develop common proposals for amendment of the appropriate ICAO documents. In particular, for amendments of ICAO documents related to ATS routes over High Seas, Member States shall apply the applicable ICAO coordination procedures.
- The Network Manager, Member States, airspace users, airport operators, functional airspace blocks and air navigation service providers as part of functional airspace blocks or individually shall, through the cooperative decision-making process, continuously review the European Route Network Improvement Plan to take into account new or changing demands on the airspace. Continuous coordination will be ensured with the military authorities.
Airspace design principles
- With the development of the European Route Network Improvement Plan the Network Manager, Member States, third countries, functional airspace blocks and air navigation service providers as part of functional airspace blocks or individually, shall within the cooperative decision-making process, adhere to the following airspace design principles:
(a) the establishment and configuration of airspace structures shall be based on operational requirements, irrespective of national or functional airspace block borders or FIR boundaries, and shall not necessarily be bound by the division level between upper and lower airspace;
(b) the design of airspace structures shall be a transparent process showing decisions made and their justification through taking into account the requirements of all users whilst reconciling safety, capacity, environmental aspects and with due regard to military and national security needs;
(c) the present and forecast traffic demand, at network and local level, and the performance targets shall be the input for the European Route Network Improvement Plan with a view to satisfying the needs of the main traffic flows and airports;
(d) ensure vertical and horizontal connectivity, including terminal airspace and the airspace structure at the interface;
(e) the possibility for flights to operate along, or as near as possible to, user required routes and flight profiles in the en route phase of flight;
(f) the acceptance for assessment and possible development of all airspace structures proposals, including Free Route Airspace, multiple route options and CDRs, received from stakeholders having an operational requirement in that area;
(g) the design of airspace structures including Free Route Airspace and ATC sectors shall take into account existing or proposed airspace structures designated for activities which require airspace reservation or restriction. To that end only such structures that are in accordance with the application of FUA shall be established. Such structures shall be harmonised and made consistent to the largest possible extent across the entire European network;
(h) ATC sector design development shall commence with the required route or traffic flow alignments within an iterative process that will ensure compatibility between routes or flows and sectors;
(i) ATC sectors shall be designed to enable the construction of sector configurations that satisfy traffic flows and are adaptable and commensurate with variable traffic demand;
(j) agreements on service provision shall be established in cases where ATC sectors require, for operational reasons, to be designed across national or functional airspace block borders or FIR boundaries.
- The Network Manager, Member States, functional airspace blocks and air navigation service providers as part of functional airspace blocks or individually, through the cooperative decision-making process, shall ensure that the following principles apply in relation to airspace utilisation and capacity management:
(a) airspace structures shall be planned to facilitate flexible and timely airspace use and management with regard to routing options, traffic flows, sector configuration schemes and the configuration of other airspace structures;
(b) airspace structures should accommodate the establishment of additional route options while ensuring their compatibility (capacity considerations and sector design limitations).
On-going monitoring of performance achievements at network level
- To ensure the regular performance improvements, the Network Manager, in close cooperation with States, functional airspace blocks and operational stakeholders shall undertake a regular review of the effectiveness of the implemented airspace structures.
- This review shall include, but it is not limited to:
(a) traffic demand evolution;
(b) capacity and flight efficiency performance and constraints at State, functional airspace block or network level;
(c) evaluation of airspace utilisation aspects from both a civil and military perspective;
(d) evaluation of sectorisation and sector configurations used;
(e) evaluation of airspace structures integrity and continuity;
(f) informing the Commission in cases where the required remedial action exceeds the scope of Network Managers competencies.
THE RADIO FREQUENCY FUNCTION
Requirements for the execution of the function
- Member States shall nominate a competent person, authority or organisation as national frequency manager with the responsibility for ensuring that frequency assignments are made, modified and released in accordance with this Regulation. Member States shall notify the Commission and the Network Manager of the names and addresses of those persons at latest 4 months after the adoption of this Regulation.
- The Network Manager shall prepare and coordinate network related strategic spectrum aspects which are to be appropriately documented in the Network Strategy Plan and the Network Operations Plan. The Network Manager shall support the Commission and Member States in the preparation of common aviation positions for coordinated Member State contributions to international forums, and in particular to the European Conference of Postal and Telecommunications Administrations (CEPT) and International Telecommunications Union (ITU).
- The Network Manager shall at the request of national frequency manager(s) undertake actions with the Commission and the CEPT to address any concerns with other industry sectors.
- The national frequency managers shall report to the Network Manager, radio interference cases that impact the European aviation network. The Network Manager shall record their occurrence and support their assessment. The Network Manager shall at the request of national frequency manager(s) coordinate or provide any support necessary to resolve or mitigate such cases including actions with the Commission and the CEPT.
- The Network Manager shall develop and maintain a central register which shall be designed to store all radio frequency assignment data as described in point 14.
- The Member States shall make use of the central register to fulfil their administrative frequency assignment registration obligations towards ICAO.
- The Network Manager and the national frequency managers shall further develop and enhance frequency management procedures, planning criteria, data sets and processes to optimise the use and occupancy of radio spectrum by general air traffic. The Network Manager shall at the request of Member State(s) propose these further at regional level.
- When a frequency assignment is required, the applicant shall file a request with the appropriate national frequency manager, including all the relevant data and justification.
- The national frequency managers and the Network Manager shall assess and prioritise frequency requests on the basis of operational requirements and agreed criteria. Furthermore, their impact on the network shall be determined by the Network Manager in conjunction with the national frequency managers. The Network Manager shall establish such criteria in consultation with the national frequency managers within 12 months after the adoption of this Regulation and maintain and update them thereafter as necessary.
- Where there is an impact on the network, the Network Manager shall identify suitable frequency(ies) to satisfy the request, taking into account the following requirements:
(a) the need to provide safe communication, navigation and surveillance infrastructure services;
(b) the need to optimise the use of finite radio spectrum resources;
(c) the need for cost-effective, fair and transparent access to the radio spectrum;
(d) the operational requirements of the applicant(s) and operational stakeholders;
(e) the predicted future demand for radio spectrum;
(f) the provisions contained in the ICAO European Frequency Management Manual.
- Where there is no impact on the network, the national frequency managers shall determine suitable frequency(ies) to satisfy the request taking into account the requirements of point 10.
- When a frequency request cannot be satisfied, the national frequency managers may request the Network Manager to undertake a specific frequency search. In order to identify a solution for the national frequency managers, the Network Manager supported by the national frequency managers may undertake a specific examination of the frequency usage situation in the concerned geographical area.
- The national frequency manager shall assign suitable frequency(ies) identified in points 10, 11 or 12.
- The national frequency manager shall register each assignment in the central register by including the following information:
(a) data as defined in the ICAO European Frequency Management Manual including relevant associated technical and operational data;
(b) enhanced data requirements resulting from point 7;
(c) a description of the operational use of the frequency assignment;
(d) the contact details of the operational stakeholder making use of the assignment.
- When making the assignment to the applicant, the national frequency manager shall include conditions of use. As a minimum, these conditions shall specify that the frequency assignment:
(a) remains valid as long as it is being used to meet the operational requirements described by the applicant;
(b) may be subject to a frequency shift request and that such shifts will need to be implemented within a limited timeframe;
(c) is subject to modification once the operational use described by the applicant changes.
- The national frequency manager(s) shall ensure that any required frequency shift, modification or release is performed within the agreed timeframe and that the central register is updated accordingly. The national frequency manager(s) shall forward appropriate justification to the Network Manager when these actions cannot be performed.
- The national frequency managers shall ensure that the operational, technical and administrative details referred to in point 14 of all frequency assignments used in the European aviation network are available in the central register by 31 December 2011 at the latest.
- The Network Manager and the national frequency manager(s) shall perform monitoring and evaluations of aviation frequency bands and frequency assignments based on transparent procedures in order to ensure their correct and efficient usage. The Network Manager shall set up such procedures in consultation with the national frequency managers at the latest 12 months after the adoption of this Regulation and maintain and update them thereafter as necessary. In particular, the Network Manager shall identify any discrepancy between the central register, the operational purpose and the actual use of the frequency assignment. The Network Manager shall notify the national frequency manager of such discrepancies for their resolution, within an agreed timeframe.
- The Network Manager shall ensure the availability of common tools to support central and national planning, coordination, registration, auditing and optimisation. In particular, tools shall be developed to support the analysis of the central register data to monitor the efficiency of the function and to design and implement the frequency optimisation process under point 7.
Requirements for the organisation of the function
- The cooperative decision-making between national frequency managers and the Network Manager shall be based on arrangements subject to approval by the Network Management Board, in accordance with Article 16 of this Regulation, after a positive opinion of the Single Sky Committee in accordance with Article 5(2) of Regulation (EC) No 549/2004.
- In case of disagreement on the arrangements referred to in paragraph 1 of Part B of this Annex, the Network Manager or the Member States concerned shall bring the matter to the Commission for action. The Commission shall act in accordance with the procedure referred to in Article 5(2) of Regulation (EC) No 549/2004.
- The arrangements shall at least specify:
(a) the criteria for the assessment of operational requirements and their prioritisation;
(b) minimum timescales for the coordination of new or amended radio frequency assignments;
(c) mechanisms to ensure that the relevant European Union-wide performance targets are met by the Network Manager and the national frequency managers;
(d) that enhanced frequency management procedures, criteria and processes do not adversely affect those applied by other countries in the context of ICAO Regional procedures;
(e) requirements to ensure that appropriate consultation on new or amended management arrangements is conducted by the Member States with all affected stakeholders at a national and European level.
- The initial arrangements for the coordination of radio frequencies shall be fully compatible with the existing ones. Evolution of these arrangements shall be specified in cooperation with the national frequency managers and reduce overheads as far as practical.
- Coordination on the strategic and tactical use of radio frequencies with adjacent countries not participating in the work of the Network Manager shall be conducted through the ICAO regional working arrangements. This will be done with a view to enable access of adjacent countries to the services of the Network Manager.
- The Network Manager and national frequency managers shall agree on overall priorities for the function to improve the design and operation of the European aviation network. These priorities shall be documented in the form of a frequency part of the Network Strategy Plan and the Network Operations Plan upon which stakeholders are to be consulted. In particular, prioritisation may consider specific bands, areas and services.
7. Member States shall ensure that the use of aviation frequency bands by military users is appropriately coordinated with the national frequency managers and the Network Manager.