Commission Implementing Regulation (EU) 2019/123Show full title

Article 4 Appointment of the Network Manager and duties of the Network Manager following its appointment

1. The appointment of the Network Manager shall take the form of a Commission Decision adopted in accordance with Article 5(2) of Regulation (EC) No 549/2004. That Decision shall include the terms and conditions of the appointment, including the financing of the Network Manager.

2. The period of appointment of the Network Manager shall last at least two reference periods of the performance scheme as set out in Article 8 of Commission Implementing Regulation (EU) No 390/2013(1).

3. A body shall only be appointed as Network Manager if it meets the following conditions:

(a) it has demonstrated its competence and ability to perform the tasks set out in Article 7;

(b) it has described the main objectives it plans to achieve during the appointment period, as well as how it will ensure a good quality of its services to operational stakeholders;

(c) it has described the approach and the means it plans to use and it has described how it plans to perform the tasks of the Network Manager;

(d) if it also performs activities other than those relevant to the execution of the network functions, it has demonstrated that those other activities will be carried out independently from the Network Manager’s tasks set out in Article 7.

4. The Network Manager, once appointed, shall:

(a) be certified by the Agency in accordance with Commission Implementing Regulation (EU) 2017/373(2);

(b) maintain the operational and technical expertise necessary to perform the tasks set out in Article 7 in an independent, impartial and cost-effective manner;

(c) act in accordance with the provisions on governance and consultation set out in Chapters III and V;

(d) avoid conflicts of interest;

(e) comply with the relevant Union legislation while performing its tasks;

(f) manage sensitive data securely;

(g) be represented by a manager who shall be responsible and accountable for the performance of the Network Manager’s tasks and for managing its human and financial resources.

5. The Commission shall regularly monitor the work of the Network Manager and shall assess the Network Manager’s compliance with the conditions referred to in paragraph 3 and 4 of this Article and the tasks set out in Article 7.

(1)

Commission Implementing Regulation (EU) No 390/2013 of 3 May 2013 laying down a performance scheme for air navigation services and network functions (OJ L 128, 9.5.2013, p. 1).

(2)

Commission Implementing Regulation (EU) 2017/373 of 1 March 2017 laying down common requirements for providers of air traffic management/air navigation services and other air traffic management network functions and their oversight, repealing Regulation (EC) No 482/2008, Implementing Regulations (EU) No 1034/2011, (EU) No 1035/2011 and (EU) 2016/1377 and amending Regulation (EU) No 677/2011 (OJ L 62, 8.3.2017, p. 1).