THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EC) No 549/2004 of the European Parliament and of the Council of 10 March 2004 laying down the framework for the creation of the single European sky (the framework Regulation), and in particular Article 11 thereof,
Having regard to Regulation (EC) No 551/2004 of the European Parliament and of the Council of 10 March 2004 on the organisation and use of the airspace in the single European sky (the airspace Regulation), and in particular Article 6 thereof,
Whereas:
(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, 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. 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,
HAS ADOPTED THIS REGULATION: