13.9.2014   

EN

Official Journal of the European Union

L 272/11

(1)

Regulation (EC) No 551/2004 provides that the network functions shall aim at enhancing the overall performance of the ATM network and at supporting initiatives at national and functional airspace block level.

(2)

Pursuant to Commission Regulation (EU) No 677/2011 (3), the Commission was to review the effectiveness of the execution of the network functions by 31 December 2013, taking appropriate account of the reference periods of the performance scheme. A first review has highlighted the need for improvement of the related regulatory framework in some areas, in particular the tasks, governance and budget of the Network Manager and the relations with third countries.

(3)

The tasks given to the Network Manager require a multiannual work programme and related budget, working arrangements between the Network Manager and the Deployment Manager, and ad hoc activities to identify safety risks at network level. Appropriate arrangements should therefore be made in this connection.

(4)

Strategic objectives of the Network Strategy Plan should be duly taken into account in the business plans from the operational stakeholders. The procedure for adopting this plan should also be clarified.

(5)

The Network Management Board should be advised on operational matters by the operational stakeholders' executive managers.

(6)

The Network Management Board should definitively establish the multiannual work programme of the Network Manager and the Network Performance Plan, on the basis of the drafts prepared by the Network Manager. The Network Performance Plan is subsequently to be submitted to the Commission, in accordance with Commission Implementing Regulation (EU) No 390/2013 (4). The Network Management Board should also give its opinion on additional functions that might be entrusted to the Network Manager and on cooperative arrangements with third countries.

(7)

In order to be able to mitigate the impact of a network crisis, the European Aviation Crisis Coordination Cell (EACCC) should liaise with a network of State focal points and perform crisis exercises to anticipate a real time network crisis.

(8)

The budget of the Network Manager should be such that it allows the Network Manager to meet the targets identified in the performance scheme and to implement its work programme. The budget should be separately identifiable from the rest of the budget of the body appointed to act as the Network Manager where that body carries out any other activity.

(9)

Regulation (EU) No 677/2011 should therefore be amended accordingly.

(10)

The measures provided for in this Regulation are in accordance with the opinion of the Single Sky Committee established by Article 5 of Regulation (EC) No 549/2004,

(1)

In Article 4, paragraph 1 is amended as follows:

(2)

Article 5 is amended as follows:

(3)

In paragraph 1 of Article 14 the following sentence is added:

‘A working party composed of the operational stakeholders' directors of operations and/or representatives of the corresponding associations shall be established to provide operational advice to the Network Management Board.’

(4)

Article 16 is amended as follows:

(5)

In Article 18, paragraph 2 is replaced by the following:

‘2.   Permanent members of the EACCC shall consist of one representative of the Member State holding the Presidency of the Council, the Commission, the Agency, Eurocontrol, the Network Manager, the military, the air navigation services providers, the airportsand the airspace users.’

(6)

In Article 19, paragraph 2 is amended as follows:

(7)

Article 22 is replaced by the following:

‘Article 22

Relations with third countries

1.   Third countries together with their operational stakeholders may participate in the work of the Network Manager.

2.   The Network Manager may, where it has a direct impact on the performance of the network, enter into cooperative arrangements with air navigation service providers established in third countries other than those defined in Article 2(21) within the ICAO EUR and AFI regions.

3.   In order to better perform the ATFM function referred to in Article 3(5), the Network Manager may, where it has a direct impact on the performance of the network, also enter into cooperative arrangements with air navigation service providers operating in regions other than the ICAO EUR and AFI regions in so far that cooperation activities are directly related to improving the performance of the network.’

(8)

Article 23 is replaced by the following:

‘Article 23

Financing and budget of the Network Manager

1.   Member States shall take the necessary measures for the funding of the network functions entrusted to the Network Manager based on air navigation charges. The Network Manager shall establish its costs in a clear and transparent manner.

2.   The budget of the Network Manager shall in particular:

3.   If its budget for the ongoing year is not endorsed, the Network Manager shall apply appropriate measures to ensure contingency mechanisms for business continuity of network functions.’