http://www.legislation.gov.uk/eur/2011/677/chapter/II/adoptedCommission 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of air traffic management (ATM) network functions and amending Regulation (EU) No 691/2010 (Text with EEA relevance) (repealed)Commission Regulation (EU) No 677/2011 (repealed)Commission Regulation (EU) No 677/2011 of 7 July 2011 laying down detailed rules for the implementation of air traffic management (ATM) network functions and amending Regulation (EU) No 691/2010 (Text with EEA relevance) (repealed)2020-12-11King's Printer of Acts of Parliamenthttps://webarchive.nationalarchives.gov.uk/eu-exit/https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32011R0677texttext/xmlen CHAPTER II <Strong>ORGANISATION AND MANAGEMENT OF NETWORK FUNCTIONS</Strong> Establishment of a Network Manager Article 3 1 For the purpose of the performance of the tasks necessary for the execution of functions provided for in Article 6 of Regulation (EC) No 551/2004 and in the Annexes to this Regulation, an impartial and competent body (the Network Manager) shall be established. 2 The length of the term of the Network Manager shall coincide with the reference periods for the performance scheme provided for in Article 7(1) of Regulation (EU) No 691/2010. It shall be sufficiently long to enable maturity to develop in performance of these functions. It shall not be shorter than two reference periods and may be renewed. 3 The nomination of the Network Manager shall take the form of a Commission Decision after consultation of the Single Sky Committee in accordance with Article 5(3) of Regulation (EC) No 549/2004 and not later than 3 months after the adoption of this Regulation. That Decision shall include the terms and conditions of the nomination, including the financing and the conditions of its withdrawal. The Commission shall assess compliance with those conditions at the end of each reference period referred to in paragraph 2. 4 The Network Manager shall perform the following functions: a the design of the European Route Network as set out in Annex I; b the coordination of scarce resources, in particular: radio frequencies within aviation frequency bands used by general air traffic as set out in Annex II; SSR transponder codes as set out in Annex III. The Commission may add other functions to the Network Manager under Articles 6(3) or (4)(c) of Regulation (EC) No 551/2004. 5 The Network Manager shall also perform the ATFM function referred to in Article 6(6) of Regulation (EC) No 551/2004 and in Regulation (EU) No 255/2010. Tasks of the Network Manager Article 4 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 network operations in the single European sky contributing to the European Union-wide performance targets provided for in Regulation (EU) No 691/2010, and in particular: a develop, maintain and implement a Network Strategy Plan specified in Article 5, in compliance with the performance 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 detail the Network Strategy Plan through a Network Operations Plan, as further specified in Article 6, addressing in particular European Union-wide performance targets covering 3 to 5 year, annual, seasonal, weekly and daily periods; c develop an integrated European Route Network Design set out in Annex I; d provide the central function for the coordination of radio frequencies as required by Article 6(4)(b) of Regulation (EC) No 551/2004 and set out in Annex II to this Regulation; e coordinate the improvement of the SSR transponder code allocation process set out in Annex III; f organise the management and operation of the functions and execute in particular the obligations of the Central Unit for ATFM; g provide a consolidated and coordinated approach to all planning and operational activities of the network, including monitoring and improvement of its overall performance; h provide support for network crisis management; i support the different operational stakeholders in the execution of the obligations that are placed on them, in the deployment of air traffic management and/or air navigation services (ATM/ANS) systems and procedures in accordance with the European ATM master plan; j provide support to entities entrusted with the investigation of civil aviation accidents and incidents or with the analysis of occurrences as requested by those entities; within the scope of Regulation (EU) No 996/2010 of the European Parliament and of the Council; k ensure coordination with other regions and third countries which do not participate in the work of the Network Manager. 2 The Network Manager shall contribute to the implementation of the performance scheme in accordance with Regulation (EU) No 691/2010. 3 To fulfil its tasks, the Network Manager shall ensure the following: a the availability, operations and sharing of tools, processes and consistent data to support the cooperative decision-making process at network level, including but not limited to, flight plan processing and data management systems; b the facilitation and coordination between operational stakeholders and support to these stakeholders in the deployment and implementation of the plans and the related network measures following cooperative decision-making; c the appropriate operational coordination, as well as optimisation, interoperability and interconnectivity within its area of responsibility; d the coordination of proposals for amendments to the appropriate ICAO documents relating to the network functions; e the reporting in accordance with Article 20 of all operational performance aspects, including scarce resources; f an appropriate liaison with other modes of transport. 4 The Network Manager shall comply with ad hoc requests for information, advice, analysis or other similar ancillary tasks linked to the various functions on request of the Commission or the Agency. Network Strategy Plan Article 5 1 To guide its long term perspective, the Network Manager shall develop, maintain and implement a Network Strategy Plan, which shall be aligned with the reference period provided for in Article 7(1) of Regulation (EU) No 691/2010. It shall contain the performance plan and targets for the next reference period and shall give an outlook for future reference periods. 2 The Network Strategy Plan shall provide information set out in Annex IV. 3 The Network Strategy Plan shall aim at achieving the performance targets for network functions provided for in Regulation (EU) No 691/2010. 4 The Network Strategy Plan shall be updated if appropriate. Network Operations Plan Article 6 1 To implement the Network Strategy Plan at operational level the Network Manager shall develop a detailed Network Operations Plan. 2 The Network Operations Plan shall provide the information set out in Annex V. 3 The Network Operations Plan shall in particular lay down measures for the achievement of the European Union-wide performance targets provided for in Regulation (EU) No 691/2010 covering a 3 to 5 year, an annual, a seasonal, a weekly and a daily period. 4 The Network Operations Plan shall include military requirements if provided by Members States. 5 The Network Operations Plan shall include the European Route Network Improvement Plan and the equivalent for radio frequencies and the SSR transponder codes. 6 The Network Operations Plan shall identify operational constraints, bottlenecks, measures of improvement and solutions for remediation or mitigation. 7 Air navigation service providers, functional airspace blocks and airport operators shall ensure that their operation plans are aligned with the Network Operations Plan. The Network Manager shall ensure the coherence of the Network Operations Plan. 8 The Network Operations Plan shall be updated at regular intervals, taking into account all relevant developments in the needs and requirements of the network functions. Competences of the Network Manager Article 7 1 Without prejudice to the responsibilities of the Member States, the Network Manager shall, in the execution of its tasks, adopt individual measures which result from the cooperative decision-making process. The parties concerned with those measures shall implement them. 2 Where a Member State’s responsibilities prevent the adoption of such individual measures, the Network Manager shall refer such a case to the Commission for further consideration. 3 The Network Manager shall also recommend measures on other issues required by the performance of the network. 4 The Network Manager shall take, in its area of responsibility, measures aiming to ensure that applicable European Union-wide performance targets referred to in Article 9 of Regulation (EU) No 691/2010 are met. 5 The Network Manager shall collect, consolidate and analyse all relevant data identified in Annexes I to VI. It shall provide this data to the Commission, the Agency or Performance Review Body provided for in Regulation (EU) No 691/2010 as requested. Relations with operational stakeholders Article 8 1 In order to perform its tasks of monitoring and improvement of the overall performance of the network, the Network Manager shall develop appropriate working arrangements, provided for in Article 15, with the operational stakeholders. 2 The operational stakeholders shall ensure that the measures implemented at local or functional airspace block level are compatible with those adopted, through the cooperative decision-making process, at network level. 3 The operational stakeholders shall provide the Network Manager with the relevant data listed in Annexes I to VI, complying with any deadlines, completeness requirements or accuracy requirements agreed with the Network Manager for its delivery. 4 Operational stakeholders concerned with the individual measures taken by the Network Manager under Article 7(1) may request the revision of such measures within 5 working days of their adoption. The request of revision shall not suspend the individual measures. 5 The Network Manager shall confirm or modify the measures concerned within 5 working days or within 48 hours in case of network crisis. Relations with Member States Article 9 1 In the execution of its tasks, the Network Manager shall take due consideration of the responsibilities of the Member States. 2 Member States shall inform the Network Manager where their sovereignty and responsibilities prevent the adoption of individual measures under Article 7(1). 3 When Member States are involved in operational issues related to the network functions they shall be part of the cooperative decision-making process and shall implement the results agreed in this process at national level. Relations with functional airspace blocks Article 10 1 Member States shall ensure close cooperation and coordination between the functional airspace block and the Network Manager, such as in strategic planning level and tactical daily flow and capacity management. 2 In order to facilitate operational interconnectivity between functional airspace blocks, the Network Manager shall establish, in close cooperation with all the functional airspace blocks, harmonised processes, procedures and interfaces including changes on aspects related to activities of the Network Manager. 3 Member States cooperating in a functional airspace block shall ensure that consolidated views are formulated related to the network functions. 4 Air navigation service providers cooperating in a functional airspace block shall ensure that consolidated views are formulated related to operational issues of the network functions. 5 Before the establishment of a functional airspace block, Member States and air navigation service providers shall cooperate in such a way that consolidated views are formulated on aspects related to activities of the Network Manager. Civil-military cooperation Article 11 1 The Network Manager shall ensure that appropriate arrangements are in place to allow and support adequate coordination with national military authorities. 2 The Member States shall ensure appropriate military involvement in all activities related to the network functions. 3 The Member States shall ensure appropriate representation of the military air navigation service providers and military airspace users in all operational working and consultation arrangements established by the Network Manager. 4 The function of European Route Network Design shall be executed without prejudice to the reservations or restrictions of a volume of airspace for exclusive or specific use by the Member States. The Network Manager shall encourage and coordinate the availability of conditional routes through those areas in accordance with Commission Regulation (EC) No 2150/2005. General requirements for network functions Article 12 The Network Manager shall ensure that the general requirements for network functions set out in Annex VI are met. Those requirements shall apply as from the date of adoption of the nomination Decision and the Network Manager shall comply with them within 12 months after such date. OJ L 295, 12.11.2010, p. 35. OJ L 342, 24.12.2005, p. 20.