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

Commission Implementing Regulation (EU) 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 with EEA relevance)

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  1. Introductory Text

  2. CHAPTER I GENERAL PROVISIONS

    1. Article 1.Subject matter and scope

    2. Article 2.Definitions

    3. Article 3.Components of the network

  3. CHAPTER II ORGANISATION AND MANAGEMENT OF NETWORK FUNCTIONS

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

    2. Article 5.Assessment

    3. Article 6.Conditions of withdrawal

    4. Article 7.Tasks of the Network Manager

    5. Article 8.Network Strategy Plan

    6. Article 9.Network Operations Plan

    7. Article 10.Remedial measures

    8. Article 11.Relations with operational stakeholders

    9. Article 12.Relations with Member States

    10. Article 13.Relations with functional airspace blocks

    11. Article 14.Civil-military cooperation

  4. CHAPTER III GOVERNANCE OF NETWORK FUNCTIONS

    1. Article 15.Cooperative decision-making

    2. Article 16.Consultation process

    3. Article 17.Working arrangements and processes for operations

    4. Article 18.Network Management Board

  5. CHAPTER IV NETWORK CRISIS MANAGEMENT

    1. Article 19.European Aviation Crisis Coordination Cell

    2. Article 20.Responsibilities of the Network Manager

  6. CHAPTER V CONSULTATION OF MEMBER STATES, MONITORING, REPORTING AND SUPERVISION

    1. Article 21.Information and consultation of the Member States

    2. Article 22.Monitoring and reporting

    3. Article 23.Supervision of the Network Manager

  7. CHAPTER VI RELATIONS WITH THIRD COUNTRIES

    1. Article 24.Participation of third countries in the work of the Network Manager

  8. CHAPTER VII FINANCING AND BUDGET

    1. Article 25.Financing and budget of the Network Manager

  9. CHAPTER VIII FINAL PROVISIONS

    1. Article 26.Repeal

    2. Article 27.Entry into force

  10. Signature

    1. ANNEX I

      THE EUROPEAN ROUTE NETWORK DESIGN FUNCTION

      1. PART A Objective and scope

        1. 1. The objective of the European Route Network Design (ERND) function...

        2. 2. The European Route Network Improvement Plan is a rolling plan...

        3. 3. The European Route Network Improvement Plan shall form the ERND-specific...

        4. 4. The European Route Network Improvement Plan shall include:

      2. PART B Procedure for the development of the European Route Network Improvement Plan

        1. 1. The Network Manager, Member States, airspace users, air navigation service...

        2. 2. The cooperative decision-making shall follow detailed working arrangements and processes...

        3. 3. To ensure appropriate connectivity of the European Route Network Improvement...

        4. 4. Airspace design projects shall be compatible and consistent with the...

        5. 5. The European Route Network Improvement Plan shall be continuously reviewed...

      3. PART C Airspace design principles

        1. 1. When developing the European Route Network Improvement Plan, the Network...

        2. 2. The Network Manager, Member States, functional airspace blocks and air...

      4. PART D Ongoing monitoring of performance achievements at network level

        1. 1. To ensure the regular performance improvements, the Network Manager, shall...

        2. 2. This review shall include, in particular:

    2. ANNEX II

      AIR TRAFFIC FLOW MANAGEMENT FUNCTION

      1. PART A Objective and scope

        1. 1. The objective of the Air Traffic Flow Management (ATFM) function...

        2. 2. ATFM and contingency procedures referred to in point 15 of...

        3. 3. ATFM function shall follow detailed working arrangements for the implementation...

        4. 4. The ATFM function shall cover all ATFM phases (strategic, pre-tactical,...

        5. 5. The ATFM function shall apply to the following parties, or...

        6. 6. ‘Local ATFM Unit’ means a flow management entity operating on...

        7. 7. The local ATFM units and the Network Manager through its...

      2. PART B Planning and operational principles

        1. 1. The Network Manager and the operational stakeholders shall plan and...

        2. 2. Appropriate cooperation and coordination shall be ensured between the Network...

        3. 3. Military aircraft operating as general air traffic shall be subject...

        4. 4. The ATFM function shall be governed by the following principles:...

        5. 5. Member States shall ensure that:

        6. 6. The Network Manager shall:

        7. 7. The ATS units shall:

        8. 8. The data referred to in paragraph 7(d) shall be made available...

        9. 9. To ensure network predictability, the ATS unit at the departure...

        10. 10. The local ATFM units shall:

        11. 11. Where an ATS reporting office is established, it shall facilitate...

        12. 12. The aircraft operators shall:

        13. 13. Airport operators shall:

        14. 14. With respect to consistency between flight plans and airport slots:...

        15. 15. When implementing arrival and departure planning information (DPI), airport local...

        16. 16. With respect to critical events:

      3. PART C Monitoring of the ATFM Function

        1. 1. In order to ensure the predictability and thus the performance...

        2. 2. Member States shall ensure that where adherence to ATFM departure...

        3. 3. In case of any failure to adhere to flight plan...

        4. 4. In case granted exemptions are in excess of 0,6 % of...

        5. 5. The Network Manager shall ensure that the aircraft operator is...

        6. 6. The Network Manager shall conduct an annual review of adherence...

        7. 7. The Network Manager shall produce annual reports and submit them...

        8. 8. The Network Manager shall ensure that an archive of ATFM...

      4. Appendix

        List of the ICAO provisions for the purpose of air traffic flow management

        1. 1. Chapter 3 paragraph 3.7.5 (Air Traffic Flow Management) of Annex 11 to the...

        2. 2. Chapter 3 (ATS Capacity and Air Traffic Flow Management) of ICAO...

        3. 3. Chapter 2 and 8 (Air Traffic Flow Management) of ICAO Doc...

    3. ANNEX III

      THE RADIO FREQUENCY FUNCTION

      1. PART A Objective and scope

        1. 1. The objectives of this function are:

        2. 2. The Network Manager and national frequency managers shall agree on...

      2. PART B Requirements for the execution of the function

        1. 1. Member States shall appoint a competent person, authority or organisation...

        2. 2. The Network Manager shall prepare and coordinate network-related strategic spectrum...

        3. 3. At the request of Member States, the Network Manager shall...

        4. 4. The national frequency managers shall report to the Network Manager,...

        5. 5. The Network Manager and the national frequency managers shall further...

        6. 6. When a frequency assignment is required, the individual or organisation...

        7. 7. The national frequency managers and the Network Manager shall assess...

        8. 8. Where there is no impact on the network, the national...

        9. 9. Where there is an impact on the network, the Network...

        10. 10. When a suitable frequency as referred to in points 11...

        11. 11. The national frequency manager shall assign suitable frequency(ies) determined in...

        12. 12. The national frequency manager shall register each frequency assignment in...

        13. 13. When assigning the frequency to the applicant, the national frequency...

        14. 14. The national frequency manager(s) shall ensure that any required frequency...

        15. 15. The national frequency managers shall ensure that the information referred...

        16. 16. The Network Manager and the national frequency manager(s) shall perform...

        17. 17. The Network Manager shall ensure the availability of common tools...

      3. PART C Requirements for the organisation of the frequency function

        1. 1. The cooperative decision-making between national frequency managers and the Network...

        2. 2. Evolution of arrangements for the coordination of radio frequencies shall...

        3. 3. Coordination on the strategic and tactical use of radio frequencies...

        4. 4. Member States shall ensure that the use of aviation frequency...

    4. ANNEX IV

      THE RADAR TRANSPONDER CODES FUNCTION

      1. PART A Objectives and general requirements

        1. Transponder Code (TC):

          1. 1. The objectives of this function are:

          2. 2. The Network Manager shall allocate the Secondary Surveillance Radar (SSR)...

          3. 3. The Network Manager shall make available at all times to...

          4. 4. A formal process for establishing, assessing and coordinating the requirements...

          5. 5. The formal process laid down in point 4 shall include,...

          6. 6. Applications for SSR transponder code allocations received as part of...

          7. 7. Member States shall ensure that SSR transponder codes are assigned...

          8. 8. The Network Manager shall operate, on behalf of the Member...

          9. 9. The Network Manager shall implement procedures and tools for the...

          10. 10. The Network Manager, Member States and air navigation service providers...

          11. 11. Operations manuals containing the necessary instructions and information to enable...

        2. Mode S Interrogator Code (MIC):

          1. 12. The objectives of this process are the following:

          2. 13. The Network Manager shall allocate the interrogator codes to civil...

          3. 14. The Network Manager shall operate, on behalf of the Member...

          4. 15. Member States shall provide a centralised interrogator code allocation service...

          5. 16. The Network Manager shall make available at all times to...

          6. 17. The Network Manager shall implement a formal process for establishing,...

          7. 18. The formal process laid down in point 17 shall include,...

          8. 19. The Network Manager shall check the applications for interrogator code...

          9. 20. As part of the process laid down in point 18,...

          10. 21. The Network Manager shall implement procedures and tools for the...

          11. 22. The Network Manager, Member States, and Mode S operators shall...

          12. 23. Operations manuals containing the necessary instructions and information to enable...

      2. PART B Requirements for the specific consultation mechanisms

        1. Transponder Code:

          1. 1. The Network Manager shall establish a dedicated mechanism for the...

          2. 2. The Network Manager, in coordination with national military authorities, shall...

        2. Mode S Interrogator Code:

          1. 3. The Network Manager shall establish a dedicated mechanism for the...

          2. 4. The Network Manager shall ensure that appropriate consultation on new...

          3. 5. The Network Manager, in coordination with national military authorities, shall...

      3. PART C Requirements for the provision of data

        1. Transponder Code:

          1. 1. Applications submitted for new or amended allocations of SSR transponder...

          2. 2. Member States shall provide the Network Manager with the following...

          3. 3. Air navigation service providers shall provide the Network Manager with...

          4. 4. Responses by Member States and air navigation service providers to...

        2. Mode S Interrogator Code:

          1. 5. Applications submitted for new or amended allocations of interrogator code...

          2. 6. Member States shall provide the Network Manager with the following...

          3. 7. The Network Manager shall use the responses provided by Member...

          4. 8. The Network Manager shall support Member States in resolving the...

    5. ANNEX V

      TEMPLATE FOR NETWORK STRATEGY PLAN

        1. 1. INTRODUCTION

        2. 1.1. Scope of the Network Strategy Plan (geographical and time period)...

        3. 1.2. Preparation of the plan and validation process

        4. 2. OVERALL CONTEXT AND REQUIREMENTS

        5. 2.1. Description of the current and planned network situation including ERND,...

        6. 2.2. Challenges and opportunities related to the time period of the...

        7. 2.3. Performance objectives and business requirements as expressed by the different...

        8. 3. STRATEGIC VISION

        9. 3.1. Description of the strategic way the network will develop and...

        10. 3.2. Consistency with the performance scheme

        11. 3.3. Consistency with the European ATM master plan

        12. 3.4. Consistency with common projects set up in accordance with Commission...

        13. 4. STRATEGIC OBJECTIVES

        14. 4.1. Description of the network strategic objectives:

        15. 5. STRATEGIC PLANNING

        16. 5.1. Description of the short- and medium-term planning:

        17. 5.2. Description of the long-term planning:

        18. 6. RISK ASSESSMENT

        19. 6.1. Description of the risks associated with the implementation of the...

        20. 6.2. Description of the monitoring process (including potential deviation from initial...

        21. 7. RECOMMENDATIONS

        22. 7.1. Identification of the actions to be taken by the Union...

    6. ANNEX VI

      TEMPLATE FOR NETWORK OPERATIONS PLAN

        1. 1. INTRODUCTION

        2. 1.1. Scope of the Network Operations Plan (geographical and time period)...

        3. 1.2. Preparation of the plan and validation process

        4. 2. DESCRIPTION OF THE NETWORK OPERATIONS PLAN, OPERATIONAL TARGETS AND OBJECTIVES...

        5. 3. OVERALL NETWORK OPERATIONS PLANNING PROCESS

        6. 4. OVERALL CONTEXT AND OPERATIONAL REQUIREMENTS

        7. 4.1. Summary description of the past network operational performance

        8. 4.2. Challenges and opportunities related to the time period of the...

        9. 4.3. Network traffic forecast in accordance with Appendices 1 and 2,...

        10. 4.4. Network operational performance requirements, including:

        11. 4.5. Operational needs as expressed by the different stakeholders, including military...

        12. 5. NETWORK OPERATIONAL PERFORMANCE ENHANCEMENT PLANS AND ACTIONS AT NETWORK LEVEL...

        13. 6. OPERATIONAL PERFORMANCE ENHANCEMENT PLANS AND OPERATIONAL ACTIONS AT LOCAL LEVEL...

        14. 7. SPECIAL EVENTS

        15. 8. MILITARY AIRSPACE REQUIREMENTS

        16. 9. CONSOLIDATED FORECAST AND ANALYSIS OF THE OPERATIONAL PERFORMANCE OF THE...

        17. 10. IDENTIFICATION OF OPERATIONAL BOTTLENECK AREAS AND MITIGATION SOLUTIONS AT NETWORK...

      2. Appendix 1

        Area Control Centres (ACCs)

      3. Appendix 2

        Airports

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