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Document 02013R0409-20210222
Commission Implementing Regulation (EU) No 409/2013 of 3 May 2013 on the definition of common projects, the establishment of governance and the identification of incentives supporting the implementation of the European Air Traffic Management Master Plan (Text with EEA relevance)Text with EEA relevance
Consolidated text: Commission Implementing Regulation (EU) No 409/2013 of 3 May 2013 on the definition of common projects, the establishment of governance and the identification of incentives supporting the implementation of the European Air Traffic Management Master Plan (Text with EEA relevance)Text with EEA relevance
Commission Implementing Regulation (EU) No 409/2013 of 3 May 2013 on the definition of common projects, the establishment of governance and the identification of incentives supporting the implementation of the European Air Traffic Management Master Plan (Text with EEA relevance)Text with EEA relevance
02013R0409 — EN — 22.02.2021 — 001.001
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COMMISSION IMPLEMENTING REGULATION (EU) No 409/2013 of 3 May 2013 on the definition of common projects, the establishment of governance and the identification of incentives supporting the implementation of the European Air Traffic Management Master Plan (OJ L 123 4.5.2013, p. 1) |
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COMMISSION IMPLEMENTING REGULATION (EU) 2021/116 of 1 February 2021 |
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2.2.2021 |
COMMISSION IMPLEMENTING REGULATION (EU) No 409/2013
of 3 May 2013
on the definition of common projects, the establishment of governance and the identification of incentives supporting the implementation of the European Air Traffic Management Master Plan
(Text with EEA relevance)
CHAPTER I
GENERAL PRINCIPLES
Article 1
Subject matter and scope
Article 2
Definitions
For the purpose of this Regulation, the definitions in Article 2 of Regulation (EC) No 549/2004 and in Article 2 of Regulation (EU) No 677/2011 shall apply.
In addition the following definitions shall apply:
‘SESAR Joint Undertaking’ means the body established under Council Regulation (EC) No 219/2007 ( 1 ), or its successor, entrusted with the task of managing and coordinating the development phase of the SESAR project;
‘charging scheme’ means the scheme established by Commission Implementing Regulation (EU) 2019/317 ( 2 );
‘ATM functionality’ means a group of ATM interoperable operational functions or services related to trajectory, airspace and surface management or to information sharing within the en-route, terminal, airport or network operating environments;
‘ATM sub-functionality’ means an integral part of an ATM functionality consisting of an operational function or service, contributing to the overall scope of the functionality;
‘SESAR solution’ means an output of the SESAR development phase, introducing new or improved standardised and interoperable technologies and harmonised operational procedures supporting the implementation of the European ATM Master plan;
‘SESAR deployment’ means the activities and processes relating to the industrialisation and implementation of ATM functionalities identified in the ATM Master Plan;
‘synchronised implementation’ means an implementation of ATM functionalities in a synchronised way over a defined geographical area, which includes at least two Member States within the EATMN, or between air and ground operational stakeholders based on a common planning that includes implementation target dates and the relevant transitional measures for progressive deployment and involving multiple operational stakeholders;
‘industrialisation’ of ATM functionalities means the activities and processes, following their validation that include standardisation, certification and production by the manufacturing industry (ground and airborne equipment manufacturers);
‘implementation’ means, in reference to ATM functionalities, the procurement, installation, testing, training and putting into service of equipment and systems, including associated operational procedures, carried out by operational stakeholders;
‘implementation target date’ means a date by when the implementation of the ATM functionality or sub-functionality is to be completed;
‘industrialisation target date’ means a date by when the standards and specifications are to be available for the ATM functionality or sub-functionality to enable its implementation;
‘essential operational change’ means an Air Traffic Management (ATM) operational change that provides significant network performance improvements to the operational stakeholders, as referred to in the ATM Master Plan;
‘performance scheme’ means a scheme established by Implementing Regulation (EU) 2019/317;
‘European Union-wide performance targets’ means the targets referred to in Article 9 of Implementing Regulation (EU) 2019/317;
‘operational stakeholders’ means the Network Manager and civil and military: airspace users, air navigation service providers, airport operators;
‘SESAR project’ means an innovation cycle providing the Union with a high performing, standardised and interoperable air traffic management system, which comprises the SESAR definition, development and deployment phases.
Article 3
ATM Master Plan
CHAPTER II
COMMON PROJECTS
Article 4
Purpose and content
Readiness for implementation shall be assessed, inter alia, based on the results of validation carried out during the development phase, the status of industrialisation and an assessment of interoperability, as well as in relation to the International Civil Aviation Organization (‘ICAO’) Global Air Navigation Plan and relevant ICAO material.
Common projects shall set out for each ATM functionality and sub-functionality the following characteristics:
essential operational changes they contribute to;
the operational and technical scope;
the geographical scope;
the operation stakeholders that are required to implement them;
the synchronisation requirements;
the implementation target dates;
the interdependencies with other functionalities or sub-functionalities.
Common projects shall also:
be consistent with and contribute to the European Union-wide performance targets;
demonstrate a positive business case for the EATMN, based on cost-benefit analysis, and identify any potential local or regional negative impact for any specific category of operational stakeholders;
take account of the relevant deployment elements specified in the Network Strategy Plan and the Network Operations Plan of the Network Manager;
demonstrate an improved environmental performance.
Article 5
Setup, adoption and implementation
The Commission shall verify that proposals for common projects are endorsed by the airspace users and the ground operational stakeholders that are required to implement a specific common project.
▼M1 —————
Article 6
Monitoring
CHAPTER III
DEPLOYMENT GOVERNANCE AND INCENTIVES
SECTION 1
Deployment Governance
Article 7
General principles
Article 8
Policy level
The Commission shall be responsible for the policy level, in particular for:
setting up and adopting common projects in accordance with Article 5;
selecting the deployment manager, approving the deployment programme and selecting the implementation projects;
managing the Union funds supporting the deployment manager and the implementation projects;
identifying incentives for SESAR deployment and enforcing the framework partnership agreement concluded with the deployment manager in accordance with Article 9(5) and any relevant agreements for implementation projects;
promoting the participation of the civil and military stakeholders;
developing cooperation and coordination with third countries;
establishing coordination with the European Union Aviation Safety Agency and with the European standardisation organisations to facilitate industrialisation and promote interoperability of ATM functionalities and sub-functionalities;
monitoring the deployment of common projects and their contribution to achieving the European Union-wide performance targets;
issuing recommendations to operational stakeholders and Member States.
The Commission shall also involve, within their respective competencies and roles:
Eurocontrol, through cooperative arrangements between Eurocontrol and the Union, to take full advantage of its expertise and its civil-military and pan-European competencies;
the European Defence Agency, to facilitate the coordination of military views from and in support of the Member States and the relevant international military organisations on SESAR deployment and inform military planning mechanisms of the requirements stemming from SESAR deployment;
the European Union Aviation Safety Agency, to ensure that safety, interoperability and environmental requirements and standards of the common projects are established in accordance with Regulation (EU) 2018/1139 of the European Parliament and of the Council ( 3 ) and its implementing rules, and with the European Plan for Aviation Safety established in accordance with Article 6 thereof;
the SESAR Joint Undertaking, to ensure continuous connection between SESAR research, development, innovation and validation activities and SESAR deployment and to ensure that common projects and the deployment programme are in line with the ATM Master Plan;
the European standardisation organisations and Eurocae, to facilitate and monitor industrial standardisation processes and the use of the resulting standards.
Article 9
Management level
The deployment manager shall, in particular, be responsible for:
developing, proposing, maintaining and implementing the deployment programme, in accordance with Section 2;
associating the operational stakeholders that are required to implement common projects;
establishing mechanisms and decision-making processes that ensure efficient synchronisation and overall coordination of the implementation projects and the related investment in line with the deployment programme;
ensuring effective management of risks and conflict of interest;
advising the Commission on issues related to the implementation of common projects and to the setting up new common projects;
implementing Commission decisions and ensuring and monitoring their implementation by the implementation level;
identifying the most appropriate financing mechanisms combining public and private funding;
monitoring implementation of the deployment programme;
reporting to the Commission;
ensuring appropriate coordination with National Supervisory Authorities;
ensuring appropriate coordination with the European Union Aviation Safety Agency.
The deployment manager shall demonstrate, inter alia, its capacity to:
represent operational stakeholders that are required to implement common projects;
manage multi-national implementation programmes;
understand funding and financing mechanisms and financial programme management; and
use existing structures to involve all operational stakeholders.
The deployment manager shall make appropriate cooperative arrangements with the Network Manager, the SESAR Joint Undertaking and the military. The appropriate cooperative arrangements shall be submitted to the Commission for approval. The cooperation shall be as follows:
the deployment manager and the Network Manager shall cooperate to ensure their tasks are fulfilled without any form of duplication or competition, in particular, for the deployment aspects that have an impact on the network infrastructure, airspace organisation and performance as well as coherence with the Network Strategy Plan and the Network Operations Plan; the Network Manager shall also support, within its mandate, the members of the deployment manager in accordance with Articles 4(1)(i) and 4(3)(b) of Regulation (EU) No 677/2011;
the deployment manager shall cooperate with the SESAR Joint Undertaking to ensure the necessary connections between SESAR research, development, innovation and validation activities and SESAR deployment and shall consult with the SESAR Joint Undertaking on the priorities and the progress made during the development phase on issues related to industrialisation and to ensure consistency with the ATM Master Plan;
the deployment manager shall coordinate with the military to avoid any adverse impact on national and collective defence capabilities.
Article 10
Implementation level
SECTION 2
Deployment programme
Article 11
Purpose and content
Article 12
Establishment and implementation
SECTION 3
Incentives
Article 13
Union Funding
Article 14
Other Incentives
CHAPTER IV
FINAL PROVISIONS
Article 15
Review
The Commission shall review the implementation of common projects by the end of the second reference period established by Article 7 of Regulation (EU) No 691/2010.
Article 16
Entry into force
This Regulation shall enter into force on the first day following that of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
( 1 ) Council Regulation (EC) No 219/2007 of 27 February 2007 on the establishment of a Joint Undertaking to develop the new generation European air traffic management system (SESAR) (OJ L 64, 2.3.2007, p. 1).
( 2 ) Commission Implementing Regulation (EU) 2019/317 of 11 February 2019 laying down a performance and charging scheme in the single European sky and repealing Implementing Regulations (EU) No 390/2013 and (EU) No 391/2013 (OJ L 56, 25.2.2019, p. 1).
( 3 ) Regulation (EU) 2018/1139 of the European Parliament and of the Council of 4 July 2018 on common rules in the field of civil aviation and establishing a European Union Aviation Safety Agency, and amending Regulations (EC) No 2111/2005, (EC) No 1008/2008, (EU) No 996/2010, (EU) No 376/2014 and Directives 2014/30/EU and 2014/53/EU of the European Parliament and of the Council, and repealing Regulations (EC) No 552/2004 and (EC) No 216/2008 of the European Parliament and of the Council and Council Regulation (EEC) No 3922/91 (OJ L 212, 22.8.2018, p. 1).
( 4 ) OJ L 362, 31.12.2012, p. 1.