Commission Regulation (EU) No 2019/123 of 24 January 2019 laying down detailed rules for the implementation of air traffic management (ATM) network functions and repealing Commission Regulation (EU) No 677/2011 - text published in the Official Journal of the European Union
- detailed rules for the implementation of air traffic management network functions (network functions) in accordance with Article 6 of Regulation (EC) No 551/2004;
- rules for managing network crises.
The network functions subject to this Regulation are:
- the European Route Network Design (ERND);
- the Air Traffic Flow Management (ATFM) as referred to in Article 6(7) of Regulation (EC) No 551/2004 and in Regulation (EU) No 255/2010;
- as regards the coordination of scarce resources:
- radio frequencies within aviation frequency bands used by general air traffic;
- the radar transponder codes.
For the purpose of implementing the network functions, this Regulation applies at local, national or Functional Airspace Block (FAB) level to:
- the EU Member States;
- the Network Manager;
- the European Aviation Safety Agency;
- airspace users;
- air navigation service providers;
- airport operators;
- airport slot coordinators.
This Regulation applies to the airspace within the ICAO EUR region where the EU Member States are responsible for providing air traffic services. It may apply also to the airspace within the ICAO EUR, NAT, AFI and MID regions where third countries are responsible for providing air traffic services.
Organisation and Management of Network Functions
The network functions are implemented by the Network Manager. The Network Manager is appointet by a Decision of the European Commission. The Decision includes the terms and conditions of the appointment, including the financing of the Network Manager. The period of appointment of the Network Manager is at least two reference periods of the performance scheme as set out in Commission Implementing Regulation (EU) No 390/2013. The Commission shall, at the latest after each reference period of the performance scheme, assess whether the network functions have been executed effectively and whether the Network Manager performs its tasks in an effective manner. The Commission may withdraw the appointment of the Network Manager in case of failure to comply with the requirements or in case of major and persistent failure to meet its performance targets.
The Network Manager main roles are to:
- support the execution of the network functions;
- contribute to the continuous improvement of network operations in the SES and the overall performance of the network, especially regarding the implementation of the performance scheme;
- respond to ad hoc requests from the European Commission, the EU Member States or the EASA for information, advice, analysis or other similar ancillary tasks linked to the various functions.
The Network Manager shall establish and keep up-to-date the Network Strategy Plan, in consistency with the ATM Master Plan. The Network Strategy Plan shall guide the network’s long-term development and be aligned with the reference periods of the performance scheme and cover the period of appointment of the Network Manager. The Plan shall aim to achieve the performance targets for network functions provided for in the performance scheme and shall be updated at least 12 months before the beginning of each reference period.
The Network Manager shall establish a detailed Network Operations Plan to implement the Network Strategy Plan at operational level in the short and medium term. The Plan shall cover the calendar years of the reference period and shall encompass operational actions concerning all network functions and military requirements. The Network Manager shall update the Network Operations Plan as necessary and at least every six months.
If the Network Manager identifies operational constraints and bottlenecks preventing achievement of the Union-wide and local performance targets, it shall suggest additional operational actions. Air navigation service providers and airport operators shall ensure that their plans are aligned with the Network Operations Plan and implement the operational actions to achieve the performance targets.
If the levels of performance are not achieved, or if the operational actions to achieve the performance targets are not implemented, the Network Manager shall propose remedial measures to be taken by operational stakeholders. It shall first consult the affected stakeholders, secondly submit the proposal for discussion and lastly obtain the approval by the Network Management Board. The affected stakeholders shall implement the measures or inform the Network Management Board of the reasons for not doing so.
Governance of Network Functions
The EU Member States and operational stakeholders shall execute the network functions with the support of the Network Manager through cooperative decision-making. When the Network Manager’s actions are disputed by one or several operational stakeholder(s), it shall refer the matter to the Network Management Board for resolution.
The Network Manager shall establish a process for the appropriate and regular consultation of the interested parties. Where operational stakeholders claim that their views on a specific issue were not duly considered, the issue shall first be referred to the Network Manager for further consideration. Where the issue cannot be resolved in that manner, it shall be referred to the Network Management Board for resolution.
The Network Management Board monitors and steers the execution of the network functions including the performance of the tasks of the Network Manager. Its functions are focused on approval, monitoring and consulting actions and include (the list is not exhaustive):
- endorsing the draft Network Strategy Plan;
- endorsing the Network Performance Plan;
- approving the Network Operations Plans;
- approving the proposals for remedial measures;
- approving the specifications for the consultation processes;
- approving the Rules of Procedure of the European Aviation Crisis Coordination Cell and its work programme;
- monitoring the progress in the implementation of the Network Strategy Plan, the Network Operations Plan and the Network Performance Plan;
- monitoring the consultation process of operational stakeholders;
- monitoring the Network Manager’s activities related to network crises;
- approving the annual report of the Network Manager.
The decisions of the Network Management Board shall be adopted by the by simple majority of its voting members which are:
- one representative of air navigation service providers per functional airspace block, established or under establishment, with a total number of four votes for all air navigation service providers;
- four representatives of commercial and non-commercial civil airspace users;
- two representatives of the airport operators;
- two representatives of the military air navigation service providers and airspace users.
The Network Management Board shall set up working groups to support it in its work.
Network Crisis Management
The management of network crises shall be supported by the establishment of a European Aviation Crisis Coordination Cell (the EACCC). The Network Manager shall provide the resources required for the establishment and operation of the EACCC.
Each Member State shall nominate a State focal point and an alternate to the EACCC and facilitate their access to relevant information from national crisis management structures (not limited to the aviation domain). The State focal points shall carry out their duties in accordance with the EACCC Rules of Procedure.
The EACCC may involve, on a case-by-case basis, experts depending on the nature of the specific crisis to assist it in formulating its crisis management responses.
The Network Manager shall, when necessary with the support of the EACCC:
- coordinate the responses to the network crises;
- support the activation and coordination of contingency plans at Member State level;
- prepare mitigating measures at network level to secure the provision of a timely response to a network crisis;
- indicate to the Commission, the Agency or Member States any opportunities for an additional support for mitigation of network crisis;
- monitor and report to the EACCC on network recovery and resilience;
- organise, facilitate and perform an agreed programme of network crisis simulation exercises;
- develop, implement and monitor a work programme and a risk register.
Consultation of Member States, Monitoring, Reporting and Supervision
The Network Manager shall regularly update the Commission on progress in the execution of network functions and the measures taken. The Commission shall inform Member States of that progress and of those measures.
The Commission shall consult Member States on the strategic issues of the network functions and to take account their opinion.
The Network Manager shall establish a process of continuous monitoring of:
- the operational network performance;
- the measures taken and the performance outcome achieved by the operational stakeholders and Member States;
- the effectiveness and efficiency of cooperative decision-making in the execution of each of the functions;
- the quality of its services to operational stakeholders by means of specific indicators.
The continuous monitoring shall aim to identify any potential deviation from the Network Strategy Plan and Network Operations Plan.
The Network Manager shall submit annually a report to the Commission, the Network Management Board and the Agency on the measures taken to fulfil its tasks and recommendations to address network issues. The report shall address individual network functions as well as the total network situation and the implementation of the Network Strategy Plan, the Network Operations Plan and the Network Performance Plan and the achievement of the Network Manager’s objectives.
The Commission shall ensure the supervision of the Network Manager, in respect of compliance with the requirements contained in this Regulation and other Union legislation.
The Regulation is supplemented by six Annexes, detailing various aspects of the network management functions and plans' templates:
- Annex I. The European Route Network Design Function
- Annex II. Air Traffic Flow Management Function
- Annex III. The Radio Frequency Function
- Annex IV. The Radar Transponder Codes Function
- Annex V. Template For Network Strategy Plan
- Annex VI. Template For Network Operations Plan
The Regulation is supplemented by two Appendices, outlining the information to be exchanged between the Network Manager and ACCs/airport operators.
Entry Into Force
The Regulation 2019/123 - Implementation of ATM network functions (OJ, 31.1.2019) entered into force in February 2019. It shall apply from 1 January 2020.
This Regulation repeals Regulation (EU) No 677/2011.