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15.7.2011 Official
Journal
of
the
European
Union L
185/1
II
(Non-legislative acts)
REGULATIONS
COMMISSION REGULATION (EU) No 677/2011
of 7 July 2011
laying down detailed rules for the implementation of air traffic management (ATM) network
functions and amending Regulation (EU) No 691/2010
(Text with EEA relevance)
THE EUROPEAN COMMISSION,
(4) Decision
No
676/2002/EC
of
the
European
Parliament
and of the Council of 7 March 2002 on a regulatory
Having regard to the Treaty on the Functioning of the European
framework for radio spectrum policy in the European
Union,
Community (Radio Spectrum Decision) ( 3 ) creates a
policy and legal framework for that area.
Having regard to Regulation (EC) No 549/2004 of the European
Parliament and of the Council of 10 March 2004 laying down
(5) An
impartial
and
competent
body
(the
Network
the framework for the creation of the single European sky (the
Manager) should be established to perform the tasks
framework Regulation) ( 1 ), and in particular Article 11 thereof,
necessary for the execution of the network functions
provided for in Regulation (EC) No 551/2004.
Having regard to Regulation (EC) No 551/2004 of the European
Parliament and of the Council of 10 March 2004 on the organi
(6) The
European
route
network
should
be
designed
to
sation and use of the airspace in the single European sky (the
optimise routings from a gate-to-gate perspective in all
airspace Regulation) ( 2 ), and in particular Article 6 thereof,
phases of flight taking in particular into account flight
efficiency and environmental aspects.
Whereas:
(7) The
work
of
the
International
Civil
Aviation
Organ
(1) Regulation
(EC)
No
551/2004
aims
at
supporting
the
ization (ICAO) and Eurocontrol in route design,
concept of a progressively more integrated operating
frequency and secondary surveillance radar (SSR) trans
airspace within the context of the common transport
ponder code management is recognised and should be
policy and to establish common procedures for design,
used as a basis when optimising the development and
planning and management ensuring the efficient and safe
operation of the network at Union level.
performance of air traffic management. Network
functions should be aimed at supporting initiatives at
national level and at the level of functional airspace
(8)
The obligations of the Member States towards the ICAO
blocks.
regarding route design, frequency and SSR transponder

code management should be respected and should be
implemented more effectively for the network with coor
(2)
The network functions should be a ‘service of general
dination by and support from the Network Manager.
interest’ exercised for the European aviation network
and contributing to the sustainable development of the
air transport system by ensuring the required level of
(9) The
allocation
of
radio
spectrum
takes
place
in
the
performance, compatibility and coordination of activities
context of the International Telecommunication Union
including those to ensure the optimal use of scarce
(ITU). The Member States have a responsibility to
resources.
highlight the civil aviation requirements and to
subsequently use the resource allocated to general air
traffic in an optimal manner.
(3)
The design of the European route network and the coor
dination of scarce resources according to Regulation (EC)
No 551/2004 should be without prejudice to Member
(10) The
ICAO
has
developed
guidance
material
relevant
for
States’ sovereignty over their airspace and to the
the SSR transponder code and radio frequency functions
requirements of the Member States relating to public
and operates a system of registering frequency
order, public security and defence matters according to
assignments for general air traffic purposes in the
Regulation (EC) No 549/2004.
ICAO European region, currently facilitated by Euro
control.
( 1 ) OJ L 96, 31.3.2004, p. 1.
( 2 ) OJ L 96, 31.3.2004, p. 20.
( 3 ) OJ L 108, 24.4.2002, p. 1.

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L 185/2
EN
Official Journal of the European Union
15.7.2011
(11) Regulation
(EC)
No
551/2004
requires
the
adoption
of
(20) The
implementation
of
network
functions
should
be
detailed implementing rules to coordinate and harmonise
without prejudice to Council Regulation (EEC) No
the processes and procedures to enhance the efficiency of
95/93 of 18 January 1993 on common rules for the
aeronautical frequency management and a central
allocation of slots at Community airports ( 2 ).
function to coordinate the early identification and
resolution of frequency needs to support the design
and operation of the network.
(21) Having
due
regard
to
military
operation
effectiveness,
civil-military cooperation and coordination are of
utmost importance in order to achieve the required
(12) As
air
traffic
flow
management
(ATFM)
is
an
integral
part
objectives. Whilst decisions relating to the content,
of the network functions, an appropriate link to
scope or carrying out of military operations and
Commission Regulation (EU) No 255/2010 of
training performed under the operational air traffic
25 March 2010 laying down common rules on air
regime, do not fall within the sphere of competence of
traffic flow management ( 1 ) is required.
the Union, it is important to cover the interfaces between
these operations and those covered by this Regulation in
the interest of safety and mutual efficiency.
(13) As
the
efficiency
of
network
management
depends
on
immediate commencement of network functions, the
Member States have already entrusted Eurocontrol with
(22) The
network
functions
should
be
without
prejudice
to
the performance of ATFM.
Article 13 of Regulation (EC) No 549/2004 aiming at

safeguarding essential security or defence policy interests
or the application of flexible use of airspace provided for
(14) It is beneficial to entrust a single body to coordinate the
in Article 7 of Regulation (EC) No 551/2004.
various network functions in order to develop consistent
short and long term optimisation solutions at network
(23) The
network
functions
should
be
provided
in
a
cost-
level, compliant with the performance objectives.
efficient manner, in particular avoiding any duplication
However, network functions should be delivered by the
of efforts, and therefore enabling the provision of these
Network Manager and at Member State and functional
functions at reduced, or at least not higher, financial and
airspace block level according to the responsibilities set
human resources requirements in the Member States in
out by this Regulation.
the context of this Regulation, compared to the situation
before a Network Manager was nominated.
(15) The
Network
Manager
should
be
involved
with
aspects
of
Member State or functional airspace blocks air traffic
(24) The
Commission
should
ensure
an
appropriate
oversight
management (ATM) plans, actions and performance, in
of the Network Manager.
particular when it can be expected that it has, or is likely
to have, a material effect on the performance of the
network.
(25) Safety
requirements
for
the
network
functions
have
to
be
of comparable level with the European Aviation Safety
Agency (the Agency) requirements on air navigation
(16) The events linked to the eruption of the Eyjafjallajkull
service provision. These requirements, as well as the
volcano in April 2010 have demonstrated the need to
requirements on the safety oversight, should be provided.
create a central entity that can take the lead in coor
dinating the management of mitigating measures at
local, regional and network level in order to secure the
(26) The
consideration
and
involvement
of
third
countries
in
provision of a timely response to future crisis situations
the establishment and implementation of the network
affecting aviation.
functions should contribute to the pan-European

dimension of the single European sky.
(17) There
should be coordination between the network
(27) The
network
functions
may
be
expanded
in
accordance
functions and the operations organised at level of func
with Article 6 of Regulation (EC) No 551/2004.
tional airspace blocks.
(28) The
execution
of
the
network
functions
should
be
subject
(18) Effective
stakeholder
consultations
should
take
place
at
to specific performance targets which require
national, functional airspace block and network levels.
amendments to Commission Regulation (EU) No
691/2010 of 29 July 2010 laying down a performance
scheme for air navigation services and network functions
(19) Airports
being
entry
and
exit
points
to
the
network
are
and amending Regulation (EC) No 2096/2005 laying
key contributors to overall network performance,
down common requirements for the provision of air
therefore the network functions should liaise through
navigation services
( 3 ). Those specific performance
the Union observatory on airports capacity with airport
targets may be further developed based on practical
operators acting as ground coordinators with the
experience with the execution of the performance
objective to optimise capacity on the ground, thus
scheme.
improving the overall network capacity.
( 2 ) OJ L 14, 22.1.1993, p. 1.
( 1 ) OJ L 80, 26.3.2010, p. 10.
( 3 ) OJ L 201, 3.8.2010, p. 1.

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EN
15.7.2011 Official
Journal
of
the
European
Union L
185/3
(29) Regulation (EU) No 691/2010 should therefore be
improved route networks and associated sectorisation,
amended accordingly.
optimised airspace structures and capacity enhancing
ATM procedures;
(30) The
measures
provided
for
in
this
Regulation
are
in
accordance with the opinion of the Single Sky
(4) ‘airspace reservation’ means a defined volume of airspace
Committee,
temporarily reserved for exclusive or specific use by
categories of users;
HAS ADOPTED THIS REGULATION:
(5) ‘airspace restriction’ means a defined volume of airspace
CHAPTER I
within which, variously, activities dangerous to the flight
GENERAL PROVISIONS
of aircraft may be conducted at specified times (a ‘danger
area’); or such airspace situated above the land areas or
Article 1
territorial waters of a State, within which the flight of
aircraft is restricted in accordance with certain specified
Subject matter and scope
conditions (a ‘restricted area’); or such airspace situated
1. This
Regulation
lays
down
detailed
rules
for
the
imple
above the land areas or territorial waters of a State,
mentation of air traffic management (ATM) network functions
within which the flight of aircraft is prohibited (a
in accordance with Article 6 of Regulation (EC) No 551/2004
‘prohibited area’);
in order to allow optimum use of airspace in the single
European sky and ensure that airspace users can operate
(6) ‘airspace structure’ means a specific volume of airspace
preferred trajectories, while allowing maximum access to
designed to ensure the safe and optimal operation of
airspaces and air navigation services.
aircraft;
2. For
the
purpose
of
network
management
this
Regulation
(7) ‘airspace utilisation’ means the way that airspace is oper
shall apply in particular to Member States, European Aviation
ationally used;
Safety Agency (the Agency), airspace users, air navigation service
providers, airport operators, airport slot coordinators and
(8) ‘airspace users’ representative’ means any legal person or
operating organisations, at national or functional airspace
entity representing the interests of one or several
block level.
categories of users of air navigation services;
3. In
accordance
with
Article
1(3)
of
Regulation
(EC)
No
(9) ‘aviation frequency band’ means an entry in the ITU Radio
551/2004 and without prejudice to the operation of State
Regulations Table of Frequency Allocations of a given
aircraft under Article 3 of the Chicago Convention on Inter
frequency band in which frequency assignments are
national Civil Aviation, Member States shall apply this Regu
made for the purpose of general air traffic;
lation in airspace placed under their responsibility in ICAO EUR
and AFI regions.
(10) ‘ATC sector’ means a defined volume of airspace for which
4. In
accordance
with
Article
13
of
Regulation
(EC)
No
an associated controller(s) has ATC responsibility at any
549/2004, this Regulation shall not prevent the application of
given time;
measures by a Member State to the extent to which these are
needed to safeguard essential security or defence policy interests.
(11) ‘air traffic service route (ATS route)’ means a specified part
of the airspace structure designed for channelling the flow
Article 2
of traffic as necessary for the provision of air traffic
services;
Definitions
For the purposes of this Regulation, the definitions in Article 2
(12) ‘civil-military coordination’ means the interaction between
of Regulation (EC) No 549/2004 shall apply.
civil and military authorities and components of air traffic
management necessary to ensure safe, efficient and
In addition, the following definitions shall apply:
harmonious use of the airspace;
(1) ‘airport operator’ means the ‘managing body of an airport’
(13) ‘conditional route (CDR)’ means an ATS route that is only
as defined in point (j) of Article 2 of Regulation (EEC) No
available for flight planning and use under specified
95/93;
conditions;
(2) ‘airport slot coordinator’ means the function established at
(14) ‘cooperative decision making’ means a process in which
coordinated airports in application of Regulation (EEC) No
decisions are made based on a constant interaction and
95/93;
consultation with Member States, operational stakeholders
and other actors as appropriate;
(3) ‘airspace design’ means a process to contribute to the
achievement of network related performance targets and
(15) ‘network crisis’ means a state of inability to provide air
to cater for airspace users needs as well as to ensure or
navigation service at required level resulting in a major
increase the established safety level and increase the
loss of network capacity, or a major imbalance between
airspace capacity and environmental performance
network capacity and demand, or a major failure in the
through the development and implementation of
information flow in one or several parts of the network
advanced navigational capabilities and techniques,
following an unusual and unforeseen situation;

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L 185/4
EN
Official Journal of the European Union
15.7.2011
(16) ‘European Route Network Improvement Plan’ means the
(27) ‘operational stakeholders’ means the civil and military
plan developed by the Network Manager in coordination
airspace users, civil and military air navigation service
with the operational stakeholders that includes the result
providers, airport operators, airport slot coordinators and
of its operational activities with respect to route network
operating organisations and any additional stakeholder
design on short and medium terms in accordance with the
groups considered relevant for the individual functions;
guiding principles of the Network Strategy Plan;
(28) ‘sector configuration’ means a scheme combining sectors
(17) ‘Free Route Airspace’ means a specific airspace within
that are constructed and best placed to satisfy the oper
which users can freely plan their routes between an
ational requirements and airspace availability;
entry point and an exit point without reference to the
ATS route network;
(29) ‘user required route’ means the desirable routing that is
declared by the aircraft operators at the airspace design
(18) ‘frequency assignment’ means authorisation given by a
stage to meet their needs.
Member State to use a radio frequency or radio
frequency channel under specified conditions;
CHAPTER II
ORGANISATION AND MANAGEMENT OF NETWORK
(19) ‘impact on the network’ means in the context of the radio
FUNCTIONS
frequency function set out in Annex II a situation when a
radio frequency assignment will degrade, obstruct or
Article 3
interrupt the functioning of one or more radio frequency
assignments of the network, or will counter the optimal
Establishment of a Network Manager
use of aviation frequency bands within the scope of this
1. For the purpose of the performance of the tasks necessary
Regulation;
for the execution of functions provided for in Article 6 of
Regulation (EC) No 551/2004 and in the Annexes to this Regu
(20) ‘multiple route options’ means the availability to the
lation, an impartial and competent body (the Network Manager)
airspace user of more than one routing option on the
shall be established.
ATS route network;
2. The length of the term of the Network Manager shall
coincide with the reference periods for the performance
(21) ‘third countries’ means non-Member States that are
scheme provided for in Article 7(1) of Regulation (EU) No
members of Eurocontrol or have concluded an
691/2010. It shall be sufficiently long to enable maturity to
agreement with the Union on the implementation of the
develop in performance of these functions. It shall not be
single European sky or are participating in a functional
shorter than two reference periods and may be renewed.
airspace block;
3. The
nomination
of
the
Network
Manager
shall
take
the
(22) ‘Network Manager’ means the body established under
form of a Commission Decision after consultation of the Single
Article 6 of Regulation (EC) No 551/2004 to perform
Sky Committee in accordance with Article 5(3) of Regulation
the duties provided for in that Article and this Regulation;
(EC) No 549/2004 and not later than 3 months after the
adoption of this Regulation. That Decision shall include the
(23) ‘Network Operations Plan’ means the plan developed by
terms and conditions of the nomination, including the
the Network Manager in coordination with the operational
financing and the conditions of its withdrawal. The Commission
stakeholders to organise its operational activities in the
shall assess compliance with those conditions at the end of each
short and medium term in accordance with the guiding
reference period referred to in paragraph 2.
principles of the Network Strategic Plan. For the European
route network design (ERND)-specific part of the Network
4. The
Network
Manager
shall
perform
the
following
Operations Plan, it includes the European Route Network
functions:
Improvement Plan;
(a) the design of the European Route Network as set out in
(24) ‘Network Strategy Plan’ means the plan developed by the
Annex I;
Network Manager, consistent with the European ATM
Master Plan, in coordination with Member States and the
operational stakeholders defining the guiding principles for
(b) the coordination of scarce resources, in particular:
the network operation and its long term perspective;
(i) radio frequencies within aviation frequency bands used
(25) ‘operating organisation’ means an organisation responsible
by general air traffic as set out in Annex II;
for the provision of engineering and technical services
supporting air traffic, communication, navigation or
(ii) SSR transponder codes as set out in Annex III.
surveillance services;
The Commission may add other functions to the Network
(26) ‘operational requirements’ means the requirements of the
Manager under Articles 6(3) or (4)(c) of Regulation (EC) No
network in terms of safety, capacity and efficiency;
551/2004.

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EN
15.7.2011 Official
Journal
of
the
European
Union L
185/5
5. The
Network
Manager
shall
also
perform
the
ATFM (k) ensure coordination with other regions and third countries
function referred to in Article 6(6) of Regulation (EC) No
which do not participate in the work of the Network
551/2004 and in Regulation (EU) No 255/2010.
Manager.
Article 4
2. The
Network
Manager
shall
contribute
to
the
implemen
Tasks of the Network Manager
tation of the performance scheme in accordance with Regu
lation (EU) No 691/2010.
1. To support the execution of the functions listed in
Article 3, the Network Manager shall perform the following
tasks, with a view to a continuous improvement of the
3. To
fulfil
its
tasks,
the
Network
Manager
shall
ensure
the
network operations in the single European sky contributing to
following:
the European Union-wide performance targets provided for in
Regulation (EU) No 691/2010, and in particular:
(a) the availability, operations and sharing of tools, processes
and consistent data to support the cooperative decision-
(a) develop, maintain and implement a Network Strategy Plan
making process at network level, including but not limited
specified in Article 5, in compliance with the performance
to, flight plan processing and data management systems;
scheme provided for in Regulation (EU) No 691/2010 and
the European ATM master plan and taking into account any
relevant ICAO Air Navigation Plans;
(b) the facilitation and coordination between operational stake
holders and support to these stakeholders in the
(b) detail the Network Strategy Plan through a Network
deployment and implementation of the plans and the
Operations Plan, as further specified in Article 6, addressing
related network measures following cooperative decision-
in particular European Union-wide performance targets
making;
covering 3 to 5 year, annual, seasonal, weekly and daily
periods;
(c) the appropriate operational coordination, as well as opti
misation, interoperability and interconnectivity within its
(c) develop an integrated European Route Network Design set
area of responsibility;
out in Annex I;
(d) the coordination of proposals for amendments to the
(d) provide the central function for the coordination of radio
appropriate ICAO documents relating to the network
frequencies as required by Article 6(4)(b) of Regulation (EC)
functions;
No 551/2004 and set out in Annex II to this Regulation;
(e) coordinate the improvement of the SSR transponder code
(e) the reporting in accordance with Article 20 of all oper
allocation process set out in Annex III;
ational performance aspects, including scarce resources;
(f) organise the management and operation of the functions
(f) an appropriate liaison with other modes of transport.
and execute in particular the obligations of the Central
Unit for ATFM;
4. The
Network
Manager
shall
comply
with
ad
hoc
requests
for information, advice, analysis or other similar ancillary tasks
(g) provide a consolidated and coordinated approach to all
linked to the various functions on request of the Commission
planning and operational activities of the network,
or the Agency.
including monitoring and improvement of its overall
performance;
Article 5
(h) provide support for network crisis management;
Network Strategy Plan
1. To
guide
its
long
term
perspective,
the
Network
Manager
(i) support the different operational stakeholders in the
shall develop, maintain and implement a Network Strategy Plan,
execution of the obligations that are placed on them, in
which shall be aligned with the reference period provided for in
the deployment of air traffic management and/or air navi
Article 7(1) of Regulation (EU) No 691/2010. It shall contain
gation services (ATM/ANS) systems and procedures in
the performance plan and targets for the next reference period
accordance with the European ATM master plan;
and shall give an outlook for future reference periods.
(j) provide support to entities entrusted with the investigation
2. The
Network
Strategy
Plan
shall
provide
information
set
of civil aviation accidents and incidents or with the analysis
out in Annex IV.
of occurrences as requested by those entities; within the
scope of Regulation (EU) No 996/2010 of the European
Parliament and of the Council ( 1 );
3. The
Network
Strategy
Plan
shall
aim
at
achieving
the
performance targets for network functions provided for in
( 1 ) OJ L 295, 12.11.2010, p. 35.
Regulation (EU) No 691/2010.

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L 185/6
EN
Official Journal of the European Union
15.7.2011
4. The
Network
Strategy
Plan
shall
be
updated
if
appropriate.
provide this data to the Commission, the Agency or
Performance Review Body provided for in Regulation (EU) No
Article 6
691/2010 as requested.
Network Operations Plan
Article 8
1. To
implement
the
Network
Strategy
Plan
at
operational
Relations with operational stakeholders
level the Network Manager shall develop a detailed Network
Operations Plan.
1. In
order
to
perform
its
tasks
of
monitoring
and
improvement of the overall performance of the network, the
2. The Network Operations Plan shall provide the Network Manager shall develop appropriate working
information set out in Annex V.
arrangements, provided for in Article 15, with the operational
stakeholders.
3. The
Network
Operations
Plan
shall
in
particular
lay
down
measures for the achievement of the European Union-wide
2. The
operational
stakeholders
shall
ensure
that
the
performance targets provided for in Regulation (EU) No
measures implemented at local or functional airspace block
691/2010 covering a 3 to 5 year, an annual, a seasonal, a
level are compatible with those adopted, through the coop
weekly and a daily period.
erative decision-making process, at network level.
4. The Network Operations Plan shall include military
3. The
operational
stakeholders
shall
provide
the
Network
requirements if provided by Members States.
Manager with the relevant data listed in Annexes I to VI,
complying with any deadlines, completeness requirements or
5. The
Network
Operations
Plan
shall
include
the
European accuracy requirements agreed with the Network Manager for
Route Network Improvement Plan and the equivalent for radio
its delivery.
frequencies and the SSR transponder codes.
4. Operational
stakeholders
concerned
with
the
individual
6. The
Network
Operations
Plan
shall
identify
operational measures taken by the Network Manager under Article 7(1)
constraints, bottlenecks, measures of improvement and
may request the revision of such measures within 5 working
solutions for remediation or mitigation.
days of their adoption. The request of revision shall not suspend
the individual measures.
7. Air
navigation
service
providers,
functional
airspace
blocks
and airport operators shall ensure that their operation plans are
5. The
Network
Manager
shall
confirm
or
modify
the
aligned with the Network Operations Plan. The Network
measures concerned within 5 working days or within 48
Manager shall ensure the coherence of the Network Operations
hours in case of network crisis.
Plan.
Article 9
8. The
Network
Operations
Plan
shall
be
updated
at
regular
Relations with Member States
intervals, taking into account all relevant developments in the
needs and requirements of the network functions.
1. In the execution of its tasks, the Network Manager shall
take due consideration of the responsibilities of the Member
Article 7
States.
Competences of the Network Manager
2. Member
States
shall
inform
the
Network
Manager
where
1. Without
prejudice
to
the
responsibilities
of
the
Member their sovereignty and responsibilities prevent the adoption of
States, the Network Manager shall, in the execution of its tasks,
individual measures under Article 7(1).
adopt individual measures which result from the cooperative
decision-making process. The parties concerned with those
3. When
Member
States
are
involved
in
operational
issues
measures shall implement them.
related to the network functions they shall be part of the coop
erative decision-making process and shall implement the results
2. Where
a
Member
State’s
responsibilities
prevent
the agreed in this process at national level.
adoption of such individual measures, the Network Manager
shall refer such a case to the Commission for further
Article 10
consideration.
Relations with functional airspace blocks
3. The
Network
Manager
shall
also
recommend
measures
on
1. Member
States
shall
ensure
close
cooperation
and
coor
other issues required by the performance of the network.
dination between the functional airspace block and the Network
Manager, such as in strategic planning level and tactical daily
4. The
Network
Manager
shall
take,
in
its
area
of
responsi
flow and capacity management.
bility, measures aiming to ensure that applicable European
Union-wide performance targets referred to in Article 9 of
2. In
order
to
facilitate
operational
interconnectivity
between
Regulation (EU) No 691/2010 are met.
functional airspace blocks, the Network Manager shall establish,
in close cooperation with all the functional airspace blocks,
5. The
Network
Manager
shall
collect,
consolidate
and harmonised processes, procedures and interfaces including
analyse all relevant data identified in Annexes I to VI. It shall
changes on aspects related to activities of the Network Manager.

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EN
15.7.2011 Official
Journal
of
the
European
Union L
185/7
3. Member
States
cooperating
in
a
functional
airspace
block Network Manager shall establish a Network Management Board
shall ensure that consolidated views are formulated related to
provided for in Article 16.
the network functions.
4. Air
navigation
service
providers
cooperating
in
a
func
4. Where the Network Manager finds its actions hindered by
tional airspace block shall ensure that consolidated views are
one or several parties, the matter shall be referred to the
formulated related to operational issues of the network
Network Management Board for resolution.
functions.
Article 14
5. Before
the
establishment
of
a
functional
airspace
block,
Member States and air navigation service providers shall
Consultation process
cooperate in such a way that consolidated views are formulated
1. A
process
shall
be
established
to
organise
the
appropriate
on aspects related to activities of the Network Manager.
and regular consultation of the Member States and operational
stakeholders.
Article 11
Civil-military cooperation
2. The consultation shall focus on the detailed working
arrangements provided for in Article 15, the Network Strategy
1. The
Network
Manager
shall
ensure
that
appropriate Plan, the Network Operations Plan, progress in the implemen
arrangements are in place to allow and support adequate coor
tation of the plans, reports to the Commission and on oper
dination with national military authorities.
ational issues as appropriate.
2. The
Member
States
shall
ensure
appropriate
military
involvement in all activities related to the network functions.
3. The
consultation
process
may
vary
depending
on
the
nature of the individual network functions. In order to ensure
3. The
Member
States
shall
ensure
appropriate
representation that regulatory issues can be addressed, Member States shall be
of the military air navigation service providers and military
involved when required.
airspace users in all operational working and consultation
arrangements established by the Network Manager.
4. Where
stakeholders
are
not
satisfied
with
the
consultation,
4. The
function
of
European
Route
Network
Design
shall
be the issue shall first be referred to the appropriate consultation
executed without prejudice to the reservations or restrictions of
arrangement at individual function level. Where resolution of
a volume of airspace for exclusive or specific use by the
the issue cannot be reached at individual function level, the
Member States. The Network Manager shall encourage and
matter shall be referred to the Network Management Board
coordinate the availability of conditional routes through those
for resolution.
areas in accordance with Commission Regulation (EC) No
2150/2005 ( 1 ).
Article 15
Article 12
Detailed working arrangements and processes for
operations
General requirements for network functions
1. The
Network
Manager
shall
develop
detailed
working
The Network Manager shall ensure that the general
arrangements and processes for operations to address
requirements for network functions set out in Annex VI are
planning and operational aspects, taking into account, in
met. Those requirements shall apply as from the date of
particular, the specificity and requirements of the individual
adoption of the nomination Decision and the Network
network functions as specified in Annexes I to VI.
Manager shall comply with them within 12 months after
such date.
2. The
Network
Manager
shall
ensure
that
the
detailed
working arrangements and processes for operations contain
CHAPTER III
rules for notification of interested parties concerned.
GOVERNANCE OF NETWORK FUNCTIONS
Article 13
3. These
detailed
working
arrangements
and
processes
for
operations need to respect the separation of service provision
Cooperative decision-making
and regulatory issues and to ensure that Member States are
involved, when required.
1. Network
functions
shall
be
managed
through
cooperative
decision-making.
Article 16
2. A
cooperative
decision-making
process
shall
include:
Network Management Board
(a) a consultation process provided for in Article 14;
1. The
Network
Management
Board
shall
be
responsible
for:
(b) detailed working arrangements and processes for operations
provided for in Article 15.
(a) endorsing the Network Strategy Plan prior to adoption in
accordance with Article 5(3) of Regulation (EC) No
3. In
order
to
adopt
measures
related
to
the
governance
of
549/2004;
the network functions and to monitor their performance the
(b) approving the 3 to 5 year and the annual Network
( 1 ) OJ L 342, 24.12.2005, p. 20.
Operations Plans;

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(c) approving the cooperative decision-making processes, the
(a) the chairperson, appointed on the basis of technical
consultation processes as well as detailed working
competence and expertise upon a proposal by the
arrangements and processes for operations for the
Commission, based in particular on proposals from the
network functions, after a positive opinion of the Single
voting members of the Network Management Board, and
Sky Committee;
after a positive opinion of the Single Sky Committee;
(d) approving the Rules of Procedure of the European Aviation
(b) one representative of the Commission;
Crisis Coordination Cell provided for in Article 18(4), after
a positive opinion of the Single Sky Committee;
(c) one representative of Eurocontrol;
(e) monitoring progress in the implementation of the plans
(d) one representative of the Network Manager.
and addressing any potential deviations from initial plans;
4. Members
shall
have
an
alternate.
(f) monitoring the consultation process of operational stake
holders;
5. The
voting
members
of
the
Network
Management
Board
shall be appointed, upon proposals from their organisations,
(g) monitoring activities related to the management of the
after a positive opinion of the Single Sky Committee.
network functions;
6. The Commission may appoint independent and
(h) monitoring Network Manager activities related to network
recognised experts as advisors who shall serve in their
crises;
personal capacity and represent a broad range of disciplines
encompassing major aspects of the network functions. States
(i) approving
the
annual
report
referred
to
in
Article
20.
This
participating in the work of the Network Manager shall
report shall include, but not be limited to, the implemen
propose candidates to that effect.
tation of the Network Strategy Plan and the Network
Operations Plan;
7. The
members
listed
in
points
(a),
(b)
and
(c)
of
paragraph
3 shall have the right to reject proposals which impact on:
(j) addressing issues which were not solved at individual
network function level;
(a) sovereignty and responsibilities of Member States, in
particular relating to public order, public security and
(k) assessing if the Network Manager has the appropriate
defence matters, as set out in Article 13 of Regulation
competences, resources and impartiality to carry out inde
(EC) No 549/2004;
pendently the tasks assigned to it, including security,
liability and contingency arrangements;
(b) the compatibility of Network Management Board activities
with the aims and objectives of this Regulation;
(l) endorsing the Network Managers annual budget, after a
positive opinion of the Single Sky Committee;
(c) the impartiality and equity of the Network Management
Board.
(m) approving its Rules of Procedure, after a positive opinion of
the Single Sky Committee;
8. The
documents
referred
to
in
paragraph
1
shall
be
adopted by the Network Management Board by simple
(n) addressing any additional subject it identifies as relevant.
majority of its voting members.
2. The
following
shall
be
voting
members
of
the
Network
9. Where
agreement
cannot
be
reached
on
issues
of
major
Management Board:
network significance, the Network Management Board shall
refer the case to the Commission for further action. The
(a) one representative of air navigation service providers per
Commission shall inform the Single Sky Committee.
functional airspace block, established or under estab
lishment, with a total number of four votes for all air
Article 17
navigation service providers;
Role of the Single Sky Committee
(b) four representatives of commercial and non-commercial
1. The
Network
Manager
shall
refer
regulatory
issues
to
the
civil airspace users;
Commission; the Commission shall inform the Single Sky
Committee of those issues.
(c) two representatives of the airport operators;
2. The
Single
Sky
Committee
shall
give
an
opinion
on:
(d) two representatives of the military as air navigation service
providers and airspace users.
(a) the nomination of the Network Manager;
3. The
following
shall
also
be
members
of
the
Network
(b) the appointment of the chairperson of the Network
Management Board:
Management Board;

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(c) the appointment of the voting members of the Network
(b) supporting the activation and coordination of contingency
Management Board;
plans at Member State level;
(d) the Rules of Procedure of the Network Management Board;
(c) the elaboration of mitigating measures at network level to
secure the provision of a timely response to such network
(e) the Network Strategy Plan, and in particular the objectives
crisis situations to protect and ensure the continued and
of this plan at an early stage;
safe operation of the network. For this purpose the
Network Manager shall:
(f) the annual budget of the Network Manager;
(g) the Rules of Procedure of the European Aviation Crisis
(i) monitor the network situation with regard to network
Coordination Cell;
crises on a 24-hour basis;
(h) the cooperative decision-making processes, the consultation
(ii) ensure an effective information management and
processes as well as the detailed working arrangements and
communication through the dissemination of accurate,
processes for operations for the network functions.
timely and consistent data to support the application of
risk management principles and processes in decision-
3. The
Single
Sky
Committee
may
advise
the
Commission
making processes;
when agreement cannot be reached on issues of major network
significance by the Network Management Board.
(iii) facilitate the organised collection and centralised storage
of that data;
CHAPTER IV
NETWORK CRISIS MANAGEMENT
(d) highlighting, where appropriate, to the Commission, the
Agency or Member States opportunities for additional
Article 18
support for mitigation of the crisis, including liaising with
Establishment of the European Aviation Crisis
operators of other modes of transport who may identify
Coordination Cell
and implement intermodal solutions;
1. The
management
of
network
crises
shall
be
supported
by
the establishment of a European Aviation Crisis Coordination
(e) monitoring and reporting on the network recovery and
Cell (the EACCC).
sustainability.
2. Permanent
members
of
the
EACCC
shall
consist
of
one
CHAPTER V
representative of the Member State holding the Presidency of
the Council, one representative of the Commission, one repre
MONITORING, REPORTING AND OVERSIGHT
sentative of the Agency, one representative of Eurocontrol, one
Article 20
representative of the military, one representative of the air navi
gation service providers, one representative of airports, and one
Monitoring and reporting
representative of the airspace users.
1. The
Network
Manager
shall
establish
a
process
of
continuous monitoring of:
3. The
composition
of
the
EACCC
may
be
enhanced
on
a
case-by-case basis by experts depending on the nature of the
specific crisis.
(a) the operational network performance;
4. The
EACCC
shall
prepare
its
Rules
of
Procedure
for (b) the measures taken and the performance outcome achieved
adoption by the Network Management Board.
by the operational stakeholders and States;
5. The
Network
Manager
shall
make
available
the
resources
required for the establishment and operation of the EACCC.
(c) the effectiveness and efficiency of each of the functions
covered by this Regulation.
Article 19
2. The
continuous
monitoring
shall
identify
any
potential
Responsibilities of the Network Manager and the EACCC
deviation from the Network Strategy Plan and Network
1. The
Network
Manager
in
conjunction
with
the
EACCC Operations Plans. The operational stakeholders shall assist the
members shall be responsible for activating and deactivating
Network Manager in this task by performing certain tasks
the EACCC.
including but not limited to the provision of data.
2. The Network Manager, with the support of the EACCC,
3. The
Network
Manager
shall
submit
annually
a
report
to
shall be responsible for:
the Commission and the Agency on the measures taken to fulfil
its tasks. The report shall address individual network functions
(a) coordinating the management of response to the network
as well as the total network situation and shall be closely linked
crisis, in accordance with the EACCC Rules of Procedure,
to the content of the Network Strategy Plan and the Network
involving close cooperation with corresponding structures
Operations Plan. The Commission shall inform the Single Sky
in Member States;
Committee.

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Article 21
(a) support the Commission by providing relevant input for
the preparation of European Union-wide performance
Oversight of the Network Manager
targets before the reference periods and for monitoring
The Commission, assisted by the Agency in matters related to
during the reference period. In particular, the Network
safety, shall ensure the oversight of the Network Manager, in
Manager shall draw the Commission’s attention to any
particular in respect of the requirements contained in this Regu
significant and persistent drops in operational
lation and other Union legislation. The Commission shall report
performance;
to the Single Sky Committee annually or when so specifically
requested.
(b) in accordance with Article 20(5), provide access for the
Commission to all data listed in Annex IV;
CHAPTER VI
FINAL PROVISIONS
(c) support Member States and air navigation service
providers in reaching their performance target during
Article 22
reference periods;
Relations with third countries
(d) elaborate a performance plan, which shall be adopted as
Third countries together with their operational stakeholders
part of the Network Strategy Plan before the beginning
may participate in the work of the Network Manager.
of each reference period. This performance plan shall be
public and shall:
Article 23
Financing of the Network Manager
(i) contain an environment performance target that
shall be consistent with the European Union-wide
Member States shall take the necessary measures for the funding
performance target for the entire reference period,
of the network functions entrusted to the Network Manager
with annual values to be used for monitoring
based on air navigation charges. The Network Manager shall
purposes;
establish its costs in a transparent manner.
Article 24
(ii) contain performance targets for other relevant key
performance areas, consistent with the European
Liability
Union-wide performance targets for the entire
The Network Manager shall put arrangements in place to cover
reference period, with annual values to be used
liability related to the execution of its tasks. The method
for monitoring purposes;
employed to provide the cover shall be appropriate to the
potential loss and damage in question, taking into account
(iii) contain a description of the actions planned to
the legal status of the Network Manager and the level of
meet the targets;
commercial insurance cover available.
(iv) contain, where necessary or where decided by the
Article 25
Commission, additional key performance indicators
and targets.
Review
The Commission shall review the effectiveness of the execution
___________
of the network functions by 31 December 2013 at the latest
(*) OJ L 185, 15.7.2011, p. 1.’;
and regularly thereafter, taking appropriate account of the
reference periods for the performance scheme provided for in
Regulation (EU) No 691/2010.
(3) in Article 17, the following paragraph 2a is inserted:
Article 26
‘2a. The
Commission
shall
monitor
the
implementation
Amendments to Regulation (EU) No 691/2010
of the performance plan of the Network Manager. If during
Regulation (EU) No 691/2010 is amended as follows:
the reference period targets are not met, the Commission
shall apply the appropriate measures specified in the
(1) in Article 3(3), the following point (m) is added:
performance plan with a view to rectifying the situation.
For this purpose, the annual values in the performance
‘(m) the assessment of the performance plan of the
plan shall be used.’;
Network Manager, including its consistency with the
European-Union wide performance targets.’;
(4) in Annex III, paragraphs 3 and 4 are replaced by the
following:
(2) the following Article 5a is inserted:
‘Article 5a
‘3. Environment
Network Manager
Route design: Not applicable during the first reference
period. During the second reference period, assessment
1. The
Network
Manager
established
by
Article
3
of
of the process on route design used in the performance
Commission Regulation (EU) No 677/2011 (*) shall carry
plan and its consistency with the process for the devel
out the following tasks in relation to the performance
opment of the European Route Network Improvement
scheme:
Plan developed by the Network Manager.

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4. Capacity
Delay level: Comparison of the expected level of en route ATFM delay used in the performance plans
with a reference value provided by the capacity planning process of Eurocontrol and in the Network
Operations Plan of the Network Manager.’
Article 27
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.
Done at Brussels, 7 July 2011.
For the Commission
The President
José Manuel BARROSO

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L 185/12
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ANNEX I
THE EUROPEAN ROUTE NETWORK DESIGN (ERND) FUNCTION
PART A
Objective
1. 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.
2. 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.
3. Member States will remain responsible for the detailed development, approval and establishment of the airspace
structures for the airspace under their responsibility.
PART B
Planning principles
1. 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.
2. 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.
3. 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.
4. 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.
5. 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;

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(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.
6. The Network Manager shall ensure appropriate arrangements in all activities to allow civil-military coordination in
the cooperative decision-making process.
7. 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.
8. 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.
9. 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.
10. 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.
11. 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.

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PART C
Airspace design principles
1. 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.
2. 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).
PART D
On-going monitoring of performance achievements at network level
1. 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.

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2. 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.

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L 185/16
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ANNEX II
THE RADIO FREQUENCY FUNCTION
PART A
Requirements for the execution of the function
1. 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.
2. 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).
3. 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.
4. 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.
5. 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.
6. The Member States shall make use of the central register to fulfil their administrative frequency assignment regis
tration obligations towards ICAO.
7. 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.
8. 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.
9. 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.
10. 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.

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11. 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.
12. 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.
13. The national frequency manager shall assign suitable frequency(ies) identified in points 10, 11 or 12.
14. 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.
15. 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.
16. 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.
17. 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.
18. 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 oper
ational 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.
19. 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.
PART B
Requirements for the organisation of the function
1. 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 Regu
lation, after a positive opinion of the Single Sky Committee in accordance with Article 5(2) of Regulation (EC) No
549/2004.

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2. 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.
3. 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.
4. 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.
5. 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.
6. 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.

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ANNEX III
THE TRANSPONDER CODE FUNCTION
PART A
Requirements for the Transponder Code Function
1. The objectives of this function are:
(a) to improve the robustness of the code allocation process through allocation of clear roles and responsibilities to
all involved stakeholders, with the overall network performance at the centre of code allocation determination;
(b) to provide increased transparency of code allocations and of the actual code usage enabling the better assessment
of the overall network efficiency;
(c) through enshrinement in regulation, to provide the regulatory basis allowing better enforcement and oversight.
2. SSR transponder codes shall be allocated through the Network Manager to the Member States and the air navigation
service providers in a manner that optimises their safe and efficient distribution taking the following into account:
(a) the operational requirements of all operational stakeholders;
(b) the actual and predicted levels of air traffic;
(c) the required use of SSR transponder codes in compliance with relevant provisions of the ICAO Regional Air
Navigation Plan, European Region, Facilities and Services Implementation Document and guidance material.
3. An SSR transponder code allocation list that describes the complete and up-to-date allocation of SSR codes in the
airspace laid down in Article 1(3) shall be made available to Member States, air navigation service providers and third
countries at all times by the Network Manager.
4. A formal process for establishing, assessing and coordinating the requirements for SSR transponder code allocations
shall be implemented by the Network Manager, taking into account all required civil and military uses of SSR
transponder codes.
5. The formal process laid down in point 4 shall include, as a minimum, relevant agreed procedures, timescales and
performance targets for the completion of the following activities:
(a) submission of applications for SSR transponder code allocations;
(b) assessments of applications for SSR transponder code allocations;
(c) coordination of proposed amendments to SSR code transponder allocations with Member States and third
countries in accordance with the requirements laid down in Part B;
(d) periodic audit of the SSR code allocations and needs with a view to optimisation of the situation, including re-
allocation of existing code allocations;
(e) periodic amendment, approval and distribution of the overall SSR code transponder allocation list laid down in
point 3;
(f) notification, assessment and resolution of unplanned conflicts between assignments of SSR transponder codes;
(g) notification, assessment and resolution of wrong assignments of SSR transponder codes, detected at code
retention checks;
(h) notification, assessment and resolution of unplanned shortfalls in allocations of SSR transponder codes;
(i) provision of data and information in accordance with the requirements laid down in Part C.

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6. Applications for SSR transponder code allocations received as part of the process laid down in point 4 shall be
checked by the Network Manager for compliance with the requirements of the process for format and data
conventions, completeness, accuracy, timeliness, and justification.
7. Member States shall ensure that SSR transponder codes are assigned to aircraft in accordance with the SSR trans
ponder code allocation list contained in point 3.
8. A centralised SSR transponder code assignment and management system for the automatic assignment of SSR
transponder codes to general air traffic may be operated by the Network Manager on behalf of the Member
States and air navigation service providers.
9. Procedures and tools for the regular evaluation and assessment of the actual use of SSR transponder codes by
Member States and air navigation service providers shall be implemented by the Network Manager.
10. Plans and procedures shall be agreed between the Network Manager, Member States and air navigation service
providers to support the periodic analysis and identification of future SSR transponder code requirements. This
analysis shall include the identification of potential performance impacts created by any predicted shortfalls in the
allocations of SSR transponder codes.
11. Operations manuals containing the necessary instructions and information to enable the network function to be
conducted in accordance with the requirements of this Regulation shall be developed and maintained. These
operations manuals shall be distributed and maintained in accordance with appropriate quality and documentation
management processes.
PART B
Requirements for the specific consultation mechanism
1. A dedicated mechanism for the coordination and consultation of detailed SSR transponder code allocation
arrangements shall be established by the Network Manager, that:
(a) ensures the impact of the use of SSR transponder codes in third countries is taken into account through
participation in the SSR transponder code management working arrangements set out in the relevant provisions
of the ICAO Regional Air Navigation Plan, European Region, Facilities and Services Implementation Document;
(b) ensures the SSR transponder code allocation list laid down in point 3 of Part A is compatible with the code
management plan set out in the relevant provisions of the ICAO Regional Air Navigation Plan, European Region,
Facilities and Services Implementation Document;
(c) specifies requirements to ensure that appropriate consultation on new or amended SSR transponder code
management arrangements is conducted with the Member States concerned;
(d) specifies requirements to ensure that appropriate consultation on new or amended SSR transponder code
management arrangements is conducted by Member States with all stakeholders concerned at a national level;
(e) ensures coordination with third countries on the strategic and tactical use of SSR transponder codes is conducted
through the SSR transponder code management working arrangements set out in the relevant provisions of the
ICAO Regional Air Navigation Plan, European Region, Facilities and Services Implementation Document;
(f) specifies minimum timescales for the coordination and consultation of proposed new or amended SSR trans
ponder code allocations;
(g) ensures changes to the SSR transponder code allocation list are subject to the approval of those Member States
concerned by the change;
(h) specifies requirements to ensure that changes to the SSR transponder code allocation list are communicated to all
stakeholders immediately after its approval, without prejudice to national procedures for the communication of
information on the use of SSR transponder codes by military authorities.
2. The Network Manager, in coordination with national military authorities, shall ensure that the necessary measures are
taken to ascertain that the allocation and use of SSR transponder codes for military needs have no detrimental impact
on the safety or efficient flow of general air traffic.

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PART C
Requirements for the provision of data
1. Applications submitted for new or amended allocations of SSR transponder codes shall comply with the format and
data conventions, completeness, accuracy, timeliness, and justification requirements of the process laid down in point
4 of Part A.
2. The following data and information shall be provided to the Network Manager by Member States, as required, within
agreed timescales prescribed by the Network Manager to support the provision of the network function for SSR
transponder codes:
(a) an up-to-date record of the allocation and use of all SSR transponder codes within their area of responsibility,
subject to any security constraints concerning full disclosure of specific military code allocations not used for
general air traffic;
(b) justification to demonstrate that existing and requested allocations of SSR transponder codes are the minimum
necessary to meet operational requirements;
(c) details of any allocations of SSR transponder codes that are no longer operationally required and that can be
released for re-allocation within the network;
(d) reports of any actual unplanned shortfall in SSR transponder code allocations;
(e) details of any change in the installation planning or in the operational status of systems or constituents that may
impact on the assignment of SSR transponder codes to flights.
3. The following data and information shall be provided to the Network Manager by air navigation service providers, as
required, within agreed timescales prescribed by the Network Manager to support the provision of the network
function for SSR transponder codes:
(a) Enhanced Tactical Flow Management System’s Correlated Position Reports containing SSR transponder code
assignments for general air traffic conducting flights under instrument flight rules;
(b) reports of any actual unplanned conflict or hazard caused by an actual operational SSR transponder code
assignment, including information of how the conflict was resolved.
4. Responses by Member States and air navigation service providers to the coordination of proposed amendments to SSR
code transponder allocations and updates of the SSR transponder code allocation list shall as a minimum:
(a) identify whether or not any conflict or hazard between SSR transponder code allocations is foreseen;
(b) confirm whether or not operational requirements or efficiency will be adversely affected;
(c) confirm that amendments to SSR transponder code allocations can be implemented in accordance with required
timescales.

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ANNEX IV
TEMPLATE FOR NETWORK STRATEGY PLAN
The Network Strategy Plan shall be based on the following structure:
1. INTRODUCTION
1.1. Scope of the Network Strategy Plan (geographical and time period)
1.2. Preparation of the plan and validation process
2. OVERALL
CONTEXT
AND
REQUIREMENTS
2.1. Description of the current and planned network situation including ERND, ATFM, airports and scarce resources
2.2. Challenges and opportunities related to the time period of the plan (including traffic demand forecast and worldwide
evolution)
2.3. Performance objectives and business requirements as expressed by the different stakeholders and the European
Union-wide performance targets
3. STRATEGIC
VISION
3.1. Description of the strategic way the network will develop and progress to successfully respond to the performance
targets and business requirements
3.2. Compliance with the performance Scheme
3.3. Compliance with the European ATM master plan
4. STRATEGIC
OBJECTIVES
4.1. Description of the Network strategic objectives:
— including the cooperative aspects of the participating operational stakeholders in terms of roles and responsi
bilities,
— indicating how the strategic objectives will answer the requirements,
— identifying how progress towards these objectives will be measured,
— indicating how the strategic objectives will impact the industry and other concerned areas.
5. PERFORMANCE
PLANNING
The Performance Plan shall be based on the following structure:
1. Introduction
1.1. Description of the situation (scope of the plan, functions covered, etc.)
1.2. Description of the macroeconomic scenario for the reference period including overall assumptions (traffic
forecast, etc.)
1.3. Description of the outcome of the stakeholder consultation to prepare the performance plan (main issues raised
by the participants and if possible agreed compromises)
2. Performance
targets
at
network-manager
level
2.1. Performance targets in each relevant key performance area, set by reference to each relevant key performance
indicator, for the entire reference period, with annual values to be used for monitoring and incentive purposes
2.2. Description and explanation of the contribution and impact of the NM performance targets on the European
Union-wide performance targets

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3. Contribution
of
each
function
3.1. Individual performance targets for each function (ATFM, ERND, SSR transponder codes, frequencies)
4. Military
dimension
4.1. Description of the civil-military dimension of the plan describing the performance of flexible use of airspace
application in order to increase capacity with due regard to military operation effectiveness, and if deemed
appropriate, relevant performance indicators and targets consistent with the indicators and targets of the
performance plan
5. Analysis
of
sensitivity
and
comparison
with
the
previous
performance
plan
5.1. Sensitivity to external assumptions
5.2. Comparison with the previous performance plan.
6. Implementation
of
the
performance
plan
6.1. Description of the measures put in place by the Network Management Board to achieve the performance
targets, such as:
— monitoring mechanisms to ensure that the safety activities and business plans are implemented,
— measures to monitor and report on the implementation of the performance plans including how to address
the situation if targets are not met during the reference period.
6. STRATEGIC
PLANNING
6.1. Description of the short/medium term planning:
— the priorities for each of the strategic objectives,
— the implementation of each of the strategic objectives in terms of required deployment of technology, archi
tectural impact, human aspects, involved cost, benefits as well as the necessary governance, resources and
regulation,
— the required operational stakeholder participation on each element of the plan including their roles and respon
sibilities,
— the agreed level of involvement of the Network Manager to support the implementation of each element of the
plan for each individual function.
6.2. Description of the long term planning:
— the intent to reach each of the strategic objectives in terms of required technology and corresponding R & D
aspects, architectural impact, human aspects, business case, governance required, and regulation required as well
as the associated safety and economic justification for these investments,
— the required operational stakeholder participation on each element of the plan including their roles and respon
sibilities.
7. RISK
ASSESSMENT
7.1. Description of the risks associated with the implementation of the plan
7.2. Description of the monitoring process (including potential deviation from initial objectives)
8. RECOMMENDATIONS
8.1. Identification of the actions to be taken by the Union and Member States to support the implementation of the plan.

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ANNEX V
TEMPLATE FOR NETWORK OPERATIONS PLAN
The Network Operations Plan shall be based on the following general structure (that will be tailored to the various
individual functions and to the time horizon of the Network Operations Plan to reflect its rolling nature and its 3 to 5
year, annual, seasonal, weekly and daily periods):
1. INTRODUCTION
1.1. Scope of the Network Operations Plan (geographical and time period)
1.2. Preparation of the plan and validation process
2. DESCRIPTION
OF
THE
NETWORK
OPERATIONS
PLAN,
OPERATIONAL
TARGETS
AND
OBJECTIVES
— including the collaborative aspect of the participating operational stakeholders in terms of roles and responsi
bilities,
— indicating how the operational targets and objectives will be covered in the tactical, pre-tactical, short-term and
medium-term phases of the Network Operations Plan and other performance targets set under the performance
regulation,
— priorities set and resources needed for the planning period,
— indicating the impact on the ATM industry and other concerned areas.
3. OVERALL
NETWORK
OPERATIONS
PLANNING
PROCESS
— description of the overall network operations planning process,
— description of the strategic way the Network Operations Plan will evolve and progress to successfully respond to
the operational performance requirements and other performance targets set under the performance Regulation,
— description of tools and data used.
4. OVERALL
CONTEXT
AND
OPERATIONAL
REQUIREMENTS
4.1. Summary description of the past network operational performance
4.2. Challenges and opportunities related to the time period of the plan
4.3. Network traffic forecast in accordance with Appendices 1 and 2, including:
— network forecast,
— air navigation service provider, functional airspace block and ACC forecast,
— main airports forecast,
— analysis of the traffic forecast, including a range of scenarios,
— analysis of special events impact.
4.4. Network operational performance requirements, including:
— overall network capacity requirements,
— air navigation service provider, functional airspace block and ACC capacity requirements,
— airport capacity,
— analysis of the capacity requirements,
— overall network environment/flight efficiency requirements,
— overall network safety requirements,
— contingency requirements and continuity of services affecting the network.
4.5. Operational needs as expressed by the different stakeholders, including military
5. NETWORK OPERATIONAL PERFORMANCE ENHANCEMENT PLANS AND ACTIONS AT NETWORK LEVEL
— description of the plans and actions expected to be implemented at network level, including airspace, scarce
resources and ATFM,
— description of the operational performance contributions of each of the plans and actions.

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6. OPERATIONAL
PERFORMANCE
ENHANCEMENT
PLANS
AND
ACTIONS
AT
LOCAL
LEVEL
— including description of each of the plans and actions expected to be implemented at local level,
— description of the operational performance contributions of each of the plans and actions,
— description of relations with third countries and work related to ICAO.
7. SPECIAL
EVENTS
— overview of special events with significant ATM impact,
— individual special events and their handling from an network perspective,
— major military exercises.
8. MILITARY
AIRSPACE
REQUIREMENTS
8.1. Military ATM service providers responsible for areas of reserved or segregated airspace shall exchange with the
Network Manager, through the relevant Airspace Management Cell, the following information according to national
rules:
— airspace availability: default days/times of availability of reserved airspace,
— ad hoc requests for unplanned use of reserved airspace,
— release of reserved airspace to civil use whenever not required, giving as much notice as possible.
9. CONSOLIDATED FORECAST AND ANALYSIS OF THE OPERATIONAL PERFORMANCE OF THE NETWORK
— network, air navigation service provider, functional airspace block and ACC ATM delay/capacity targets and
forecast,
— airport operational performance,
— network environment/flight efficiency performance target and forecast,
— impact of special events,
— analysis of the operational performance targets and forecast.
10. IDENTIFICATION OF OPERATIONAL BOTTLENECK AREAS AND MITIGATION SOLUTIONS AT NETWORK AND
LOCAL LEVEL
— identification of operational (safety, capacity, flight efficiency) bottlenecks and potential bottlenecks, their causes
and agreed solutions or mitigation actions, including options for demand capacity balancing (DCB).

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Appendix 1
Area Control Centres (ACCs)
The Network Operations Plan shall give a detailed description ACC by ACC of all the areas describing their planned
operational enhancement measures, the prospects for the period, the traffic forecast, the delay target and forecast, the
significant events that may affect the traffic, operational contacts.
The Network Manager shall include for each ACC:
— traffic forecast,
— an analysis of current operational performance,
— a quantified evaluation of the achieved capacity (capacity baseline),
— a quantified evaluation of the required capacity for various traffic evolutions scenarios (required capacity profile),
— a quantified evaluation of the planned operational enhancement actions at ACC level, as agreed with the air navigation
service providers,
— delay target and forecast,
— an analysis of expected operational performance (safety, capacity, environment).
Each air navigation service provider shall provide the Network Manager with the following information to be included in
the individual ACC description:
— local delay target,
— assessment/confirmation of traffic forecast, taking into account local knowledge,
— number of available sectors: sector configuration/opening scheme per season/day of week/time of day,
— capacities/monitoring values for each sector/traffic volume per configuration/opening scheme,
— planned or known special events, including dates/times and associated impact on operational performance,
— details of operational enhancement measures planned, their implementation schedule and associated negative/positive
impact on capacity and/or efficiency,
— details of proposed and confirmed changes to the airspace structure and utilisation,
— additional actions as agreed with the Network Manager,
— ACC operational contacts.

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Appendix 2
Airports
The Network Operations Plan shall give a detailed description for main European airports of all the areas describing their
planned operational enhancement measures, the prospects for the period, the traffic and delay forecast, the significant
events that may affect the traffic, operational contacts.
The Network Manager shall include for each main airport:
— traffic forecast,
— an analysis of expected operational performance (safety, capacity, environment).
Each airport included in the Network Operations Plan shall provide the Network Manager with the following information
to be included in the individual airport description:
— assessment/confirmation of traffic forecast, taking into account local knowledge,
— runway capacity for each runway configuration, current and projected arrivals and departures,
— a capacity specification for and duration of night period, where relevant,
— details of operational enhancement measures planned, their implementation schedule and associated negative/positive
impact on capacity and/or efficiency,
— planned or known special events, including dates/times and associated impact on operational performance,
— other planned capacity enablers,
— additional actions as agreed with the Network Manager.

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ANNEX VI
GENERAL REQUIREMENTS FOR NETWORK FUNCTIONS
1. ORGANISATIONAL STRUCTURE
The Network Manager shall set up and manage its organisation according to a structure that supports the safety of the
network functions.
The organisational structure shall specify:
(a) the authority, duties and responsibilities of the nominated post holders, in particular of the management personnel
in charge of safety, quality, security and human resources related functions;
(b) the relationship and reporting lines between different parts and processes of the organisation.
2. SAFETY
The Network Manager shall have a safety management system which covers all the network functions it performs
according to the following principles. It shall:
(a) describe the overall philosophies and principles of the organisation with regard to safety and in such a way as to
meet the needs of relevant stakeholders as closely as possible, (hereinafter ‘the policy’);
(b) set up a compliance monitoring function that contains procedures designed to verify that all functions are being
provided in accordance with applicable requirements, standards and procedures. Compliance monitoring shall
include a feedback system of findings to the responsible management personnel to ensure effective and timely
implementation of corrective actions as necessary;
(c) provide evidence of the functioning of the management system by means of manuals and monitoring documents;
(d) appoint management representatives to monitor compliance with, and adequacy of, procedures to ensure safe and
efficient operational practices;
(e) perform reviews of the management system in place and take remedial actions, as appropriate;
(f) manage the safety of all network functions allocated to it. In doing so, it shall establish formal interfaces with all
the relevant stakeholders to be able to identify the aviation safety hazards entailed by its activities, to evaluate them
and to manage the associated risks as appropriated;
(g) contain procedures for managing the safety when introducing new functional systems or changing the existing
functional systems.
3. SECURITY
The Network Manager shall have a security management system which covers all the network functions it performs
according to the following principles. It shall:
(a) ensure the security of its facilities and personnel so as to prevent an unlawful interference that could impact the
safety of the network functions it manages;
(b) ensure the security of operational data it receives or produces or otherwise employs, so that access to it is
restricted only to those authorised;
(c) define the procedures relating to security risk assessment and mitigation, security monitoring and improvement,
security reviews and lesson dissemination;
(d) define the means designed to detect security breaches and to alert personnel with appropriate security warnings;
(e) define the means of containing the effects of security breaches and to identify recovery action and mitigation
procedures to prevent reoccurrence.
4. OPERATIONS MANUALS
The Network Manager shall establish and keep up-to-date operations manuals relating to its operations, for the use
and guidance of operations personnel. It shall ensure that:
(a) operations manuals contain instructions and information required by the operations personnel to perform their
duties;
(b) relevant parts of the operations manuals are accessible to the personnel concerned;

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(c) the operations personnel are expeditiously informed of the amendments to the operations manual applying to
their duties as well as of their entry into force.
5. PERSONNEL REQUIREMENTS
The Network Manager shall employ appropriately skilled personnel to ensure that the network functions allocated to it
are performed in a safe, efficient, continuous and sustainable manner. In this context, it shall establish policies for the
training of personnel.
6. CONTINGENCY PLANS
The Network Manager shall establish contingency plans for all the functions it provides in the case of events which
result in significant degradation or interruption of its operations.
7. REPORTING REQUIREMENTS
In accordance with Article 20, the Network Manager shall provide an annual report of its activities. This report shall
cover its operational performance, as well as significant activities and developments in particular in the area of safety.
The annual report shall include as a minimum:
— an assessment of the performance of the network functions it manages,
— the performance compared to the performance objectives established in the Network Strategy Plan, reconciling
actual performance against the Network Operational plan by using the indicators of performance established in the
Network Operational plan,
— provide an explanation for differences with the targets, and identify measures for closing any gaps during the
Reference Period referred to in Article 11 of Regulation (EC) No 549/2004,
— developments in operations and infrastructure,
— information about the formal consultation process with the users and stakeholders,
— information about the human resources policy.
8. WORKING METHODS AND OPERATING PROCEDURES
The Network Manager shall be able to demonstrate that its working methods and operating procedures are compliant
with other Union legislation and in particular with Regulation (EU) No 255/2010.

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