
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) 

THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
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 Articles 6(4) and 6(7) thereof,
Whereas:

(1) The network functions should be a service of general interest exercised for/within the context of the European air traffic management network (EATMN, hereafter referred to as ‘the network’). They should contribute to the sustainable development of the air transport system by ensuring the required level of performance, interoperability, compatibility and coordination of activities including those to ensure the optimal use of scarce resources.

(2) The design of the European route network, the management of the network capacity and air traffic flows and the coordination of scarce resources, as provided for in Regulation (EC) No 551/2004, should be without prejudice to Member States’ sovereignty over their airspace and to their responsibilities relating to public order, public security and defence matters as provided for in Regulation (EC) No 549/2004 of the European Parliament and of the Council.

(3) The network should include all physical and operational components that determine the performance of aircraft, in particular their punctuality and flight efficiency, operated in the airspace within the International Civil Aviation Organisation (ICAO) EUR region where Member States are responsible for the provision of air traffic services.

(4) The European route network should be designed to improve the efficiency of the routings from a gate-to-gate perspective in all phases of flight taking particular account of flight efficiency and environmental aspects.

(5) Operational actions to develop efficient airspace structures and manage the available capacity are required to ensure the continuous improvement of the network operations in the single European sky and contribute to the Europe-wide performance targets. Those operational actions should allow for efficient use of airspace and ensure that airspace users can operate preferred trajectories.

(6) The Air Traffic Flow Management (ATFM) function is an integral part of the network functions with a view to optimising available capacity in the use of airspace. Therefore, this function should be further detailed, taking due account of Commission Regulation (EU) No 255/2010.

(7) Regulation (EC) No 551/2004 provides for the adoption of detailed implementing rules to coordinate and harmonise the processes and procedures to enhance the efficiency of aeronautical frequency management. The detailed implementing rules would also need to provide for a central function to coordinate the early identification and resolution of frequency needs to support the design and operation of the network.

(8) The ICAO’s work in route design, air traffic flow management, frequency and radar transponder codes management should be used as a basis when optimising the development and operation of the network.

(9) The Member States should comply with their obligations towards ICAO on route design, air traffic flow management, frequency and radar transponder codes management and should implement them more effectively for the network. The Network Manager should provide coordination and support in that area.

(10) The implementation of the Air Traffic Flow Management (ATFM) function should be without prejudice to Council Regulation (EEC) No 95/93. Airports that are entry and exit points to the network are key contributors to the overall network performance. For that reason, that function should liaise with airport operators acting as ground coordinators to optimise capacity on the ground. This would improve the overall network capacity. Furthermore, procedures to increase consistency between airport slots and flight plans should be established to optimise the available capacity of the network, including airports.

(11) The allocation of radio spectrum takes place in the context of the International Telecommunication Union (ITU). The Member States have a responsibility to communicate their civil aviation requirements to the ITU and to subsequently use the frequency band allocated to general air traffic in an optimal manner. Decision No 676/2002/EC of the European Parliament and of the Council sets out a policy and legal framework for that area.

(12) ICAO has developed guidance material relevant for the radar transponder codes, including the Mode S interrogator codes, as well as the radio frequency functions. It also operates a system of registering frequency assignments for general air traffic purposes in the ICAO European region. This is currently facilitated by Eurocontrol, acting as Network Manager.

(13) The events linked to the shooting down of flight MH 17 in the airspace of Ukraine on 17 July 2014 and the terrorist attack at Brussels airport on 22 March 2016 have demonstrated the need of having a central entity that can contribute to the coordination of mitigating measures at local, regional and network level to secure a timely response to future crisis situations affecting aviation.

(14) A Network Manager should act as an impartial and competent body to perform the tasks necessary to execute the network functions provided for in Regulation (EC) No 551/2004 in an effective manner and with appropriate resources. The applicant for Network Manager should give evidence on the means and resources it plans to ensure in order to meet the requirements imposed on that body. The Network Manager should be represented by a manager from the body appointed to act as Network Manager.

(15) It is beneficial to have a single body to coordinate the various network functions in support of action taken at local and sub-regional level to develop and facilitate consistent short- and long-term network operational and strategic objectives in line with the performance objectives. However, network functions should be delivered by the operational stakeholders and the Network Manager and at Member State and functional airspace block level in accordance with the responsibilities set out in this Regulation.

(16) In 2017, the Commission reviewed the governance, financial arrangements, cost base and cost-efficiency of the network functions. One of the outcomes of this review was that the Network Manager should benefit from strengthened governance and greater management autonomy.

(17) The network functions should be provided in a cost-efficient manner, in particular avoiding any duplication of efforts.

(18) The duties and tasks of the Network Manager should be clearly set out with regard to the implementation of the network functions and the performance of the network. This should include any service or activity that needs to be performed centrally for the benefit of the operational stakeholders in accordance with working arrangements and processes for operations agreed with those stakeholders.

(19) The tasks entrusted to the Network Manager relating to the monitoring of the infrastructure and common network support services should be carried out taking full account of the opinions of Member States and operational stakeholders.

(20) The Network Manager should be involved in preparation of plans and operational actions relating to the execution of the network functions at national and sub-regional level when those plans and actions have an impact on the performance of the network.

(21) To ensure an adequate performance of the network, the Network Operations Plan should include operational actions and local reference values that take into account the evolving network conditions and aim at meeting Union wide performance targets. Furthermore, the Network Manager should identify operational constraints and bottlenecks and suggest appropriate action.

(22) Application of sound management principles is essential for continuous improvement of air traffic flow management in the Union, anticipating air traffic growth, and making best use of available capacity while reducing the environmental impact of air traffic flows. It is therefore necessary to establish a common framework for planning and implementing improvements to the performance of the network. To that end, a strategy plan and an operations plan should be drawn up at network level.

(23) The Network Manager and operational stakeholders should work in partnership in order to improve air traffic flow management and take remedial measures as appropriate. The Network Manager should in particular be able to introduce ATFM measures to make best use of available capacity and promote the best provision of that capacity by ATC sectors.

(24) The network functions should be without prejudice to Article 13 of Regulation (EC) No 549/2004 intended to safeguard essential security or defence policy interests. The network functions should also be without prejudice to the application of the flexible use of airspace as provided for in Article 7 of Regulation (EC) No 551/2004.

(25) There should be coordination between the network functions and the operations organised at the level of functional airspace blocks.

(26) Military operation effectiveness, civil-military cooperation and coordination are of utmost importance to achieving the required objectives. This Regulation should not cover decisions on the content, scope or performance of military operations and training under the operational air traffic regime. However, it is important to cover the interfaces between these operations and those covered by this Regulation in the interest of safety and mutual efficiency.

(27) It is necessary to ensure the timely and effective execution of network functions and support the Network Manager in performing its tasks by establishing an efficient framework for consultation of operational stakeholders and detailed working arrangements and processes for operations.

(28) Effective stakeholder consultations should take place at national, functional airspace block and network levels.

(29) To ensure the appropriate governance relating to the execution of the network functions, a Network Management Board should be set up.

(30) To ensure effective decision-making, the Network Management Board should have a limited number of members with operational and managerial responsibilities and extensive knowledge and expertise in the ATM field. Those members should ensure a balanced representation of the interests of all stakeholders. Air navigation service providers of associated countries contributing to the work of the Network Manager, through their representatives, should also be allowed to participate in the Network Management Board.

(31) The Network Management Board should be supported in its decision-making by a working group on operations composed of operational managers to provide it with the appropriate operational insight and advice.

(32) To ensure crisis management effectiveness at network level and support the European Aviation Crisis Coordination Cell in its tasks, a network of State focal points should be set up. The focal points should facilitate the involvement of national authorities and ensure close cooperation with the corresponding structures at Member State level in the event of crises.

(33) Considering Member States’ sovereignty over their airspace and their requirements relating to public order, public security and defence matters as well as their responsibilities as regards the network functions, Member States should be informed of and consulted on all measures having significant impact on the performance of the network. The Commission should make the best use of existing Committee meetings in order to take into account their views.

(34) The budget of the Network Manager should allow the Network Manager to meet the specific 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. The Network Management Board should confirm the consistency of the Network Manager’s budget with the Network Manager’s annual work programme.

(35) The Commission should ensure appropriate supervision of the Network Manager. That supervision should take into account the role of the European Union Aviation Safety Agency as competent authority for the certification and oversight of the Network Manager.

(36) Third countries that have an agreement with the Union should be involved in the establishment and implementation of the network functions in order to enhance the pan-European dimension of the single European sky.

(37) This Regulation takes due account of the experience gained from the execution of the network functions since 2011 and sets revised common rules for the execution of network functions. Commission Regulation (EC) No 677/2011 should therefore be repealed.

(38) The measures provided for in this Regulation are in accordance with the opinion of the Single Sky Committee,
HAS ADOPTED THIS REGULATION:

CHAPTER I
GENERAL PROVISIONS
Subject matter and scope
Article 1 

1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2. The network functions subject to this Regulation shall be the following:
(a) the European Route Network Design (ERND);
(b) the Air Traffic Flow Management (ATFM) as referred to in Article 6(7) of Regulation (EC) No 551/2004 and in Regulation (EU) No 255/2010;
(c) as regards the coordination of scarce resources:
((i)) radio frequencies within aviation frequency bands used by general air traffic;
((ii)) the radar transponder codes.
3. For the purpose of implementing the network functions, this Regulation applies to the CAA airspace users, air navigation service providers, airport operators, and airport slot coordinators....
4. This Regulation applies to the airspace under the responsibility of the United Kingdom.
Definitions
Article 2 
For the purposes of this Regulation, the definitions in Article 2 of Regulation (EC) No 549/2004, Article 2 of Commission Regulation (EU) No 255/2010 and Article 2 of Commission Regulation (EC) No 2150/2005 shall apply.
The following definitions shall also apply:

((1)) ‘scarce resources’ means the supply of means used for ATM to function effectively and which are limited in availability and are coordinated centrally by the CAA to ensure the performance of the  UK ATMS;
((2)) ‘aviation frequency band’ means an entry in the Radio Regulations Table of Frequency Allocations of the International Telecommunication Union of a given frequency band in which frequency assignments are made for the general air traffic;
((3)) ‘airport operator’ means the body which in conjunction with other activities or otherwise, has the task under United Kingdom legislation of administering and managing the airport facilities and coordinating and controlling the activities of the various operators present at the airport or within the airport system concerned;
((4)) ‘airport slot coordinator’ means a qualified natural or legal person appointed in accordance with Article 4(1) of Regulation (EEC) No 95/93;
((5)) ‘operational stakeholders’ means the CAA and the civil and military airspace users, civil and military air navigation service providers and airport operators which operate in the airspace referred to in Article 1(4);
((6)) ‘Network Manager’ means the body entrusted with the tasks necessary for the execution of the functions referred to in Article 6 of Regulation (EC) No 551/2004 , as that Regulation has effect in EU law as amended from time to time;
((7)) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

((8)) ‘performance scheme’ means any regulatory framework to improve the performance of air navigation services and network functions in the United Kingdom pursuant to Chapter IV of Part 1 of the Transport Act 2000;
((9)) ‘cooperative decision-making’ means a process in which decisions are made based on interaction and consultation with Member States, operational stakeholders and other actors as appropriate, in accordance with Articles 15 to 17 of Commission Implementing Regulation (EU) 2019/123 as that Regulation has effect in EU law as amended from time to time;
((10)) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

((11)) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

((12)) ‘operational action’ means the action, at local, national, FAB or network level, as determined in the Network Operations Plan, through cooperative decision making between operational stakeholders and the Network Manager;
((13)) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

((14)) ‘civil-military cooperation’ means the interaction between civil and military authorities and components of ATM referred to in Article 3(1) necessary to ensure safe, efficient and harmonious use of the airspace;
((15)) ‘conditional route (CDR)’ means an ATS route that is only available for flight planning and used under specified conditions;
((16)) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

((17)) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

((18)) ‘impact on the network’ means, in the context of the radio frequency function set out in Annex III, a situation where a radio frequency assignment will degrade, obstruct or interrupt the functioning of one or more radio frequency assignments of the network or will counter the optimal use of aviation frequency bands within the scope of this Regulation;
((19)) ‘airspace design’ means a process that ensures the development and implementation of advanced navigational capabilities and techniques, improved route networks and associated sectorisation, optimised airspace structures and capacity-enhancing ATM procedures;
((20)) ‘airspace utilisation’ means the way that airspace is operationally used;
((21)) ‘free route airspace’ means a specific airspace within which airspace users can freely plan their routes between an entry point and an exit point without reference to the ATS route network;
((22)) ‘air traffic control sector’ (‘ATC sector’) means a defined volume of airspace for which a team of controllers has ATC responsibility at any given time;
((23)) ‘user required route’ means the required routing that is declared by the aircraft operators at the airspace design stage to meet their needs;
((24)) ‘sector configuration’ means a scheme combining airspace sectors with a view to ensuring that the operational requirements are best met and airspace availability is optimised;
((25)) ‘air traffic service route (ATS route)’ means a specified part of the airspace structure designed for channelling the flow of traffic as necessary for the provision of air traffic services;
((26)) ‘frequency assignment’ means authorisation given by a Member State to use a radio frequency or radio frequency channel under specified conditions.
Components of the network
Article 3 

1. For the purpose of this Regulation, the network shall include the airports, the airspace structures and interfaces that connect them, and the infrastructure and operational capabilities of the UK ATMS that together serve the civil and military airspace users.
2. Operational stakeholders ..., within the limits of their ... responsibilities, shall plan, design, operate and monitor the network components referred to in paragraph 1 having taken due account of the Network Strategy Plan specified in Article 8 of Commission Implementing Regulation (EU) 2019/123, as that Regulation has effect in EU law as amended from time to time, and the Network Operations Plan, specified in Article 9, with a view to improve network efficiency, interoperability and connectivity and the achievement of the local ... performance targets as set out in any performance scheme established pursuant to Chapter IV of Part 1 of the Transport Act 2000.
CHAPTER II
ORGANISATION AND MANAGEMENT OF NETWORK FUNCTIONS

                  Annexes 1 to 4
                
Article 4 
Annexes 1 to 4 make provision about the European route network design function, the air traffic flow management function, the radio frequency function and the transponder code function.
Assessment
Article 5 
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Conditions of withdrawal
Article 6 
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Tasks of the Network Manager
Article 7 
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Network Strategy Plan
Article 8 
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Network Operations Plan
Article 9 

1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
7. Air navigation service providers and airport operators shall ensure that their plans are aligned with the Network Operations Plan established by the Network Manager under Article 9 of Commission Implementing Regulation (EU) 2019/123, as that Regulation has effect in EU law as amended from time to time.
8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Remedial measures
Article 10 
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Relations with operational stakeholders
Article 11 

1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2. The CAA and operational stakeholders shall endeavour to coordinate the development and deployment of the tools and systems necessary for the execution of network functions to meet the requirements of Article 3(2).
3. The operational stakeholders shall ensure that the operational actions implemented by them are compatible with those determined through cooperative decision-making.
4. The operational stakeholders shall provide the Network Manager with the relevant data listed in Annexes 1 to 4, complying with time periods and requirements determined through cooperative decision-making.
Results of the coordinated decision-making process
Article 12 

1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3. When  the CAA or operational stakeholders  are involved in operational issues related to the network functions, in particular the coordination of scarce resources referred to in point (c) of Article 1(2), and they are part of the cooperative decision-making process they must implement the results determined in this process ....
Relations with functional airspace blocks
Article 13 
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Civil-military cooperation
Article 14 

1. The Secretary of State shall ensure appropriate involvement of national military authorities in all activities related to the execution of network functions.
2. The Secretary of State must endeavour to ensure appropriate representation of the military air navigation service providers and military airspace users in the consultation process and working arrangements established by the Network Manager under Articles 16 and 17 of Commission Implementing Regulation (EU) No 2019/123 as that Regulation has effect in EU law as amended from time to time.
3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
CHAPTER III
GOVERNANCE OF NETWORK FUNCTIONS
Cooperative decision-making
Article 15 
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Consultation process
Article 16 
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Working arrangements and processes for operations
Article 17 
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Network Management Board
Article 18 
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
...
...
European Aviation Crisis Coordination Cell
Article 19 
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Responsibilities of the Network Manager
Article 20 
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CHAPTER V
MONITORING AND REPORTING
Information and consultation of the Member States
Article 21 
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Monitoring and reporting
Article 22 

1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2. ... The operational stakeholders shall support the Network Manager in the Network Manager's function under Article 22 of Commission Implementing Regulation (EU) No 2019/123 as that Regulation has effect in EU law as amended from time to time by providing data.
3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Supervision of the Network Manager
Article 23 
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
...
...
Participation of third countries in the work of the Network Manager
Article 24 
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CHAPTER VII
FINANCING AND BUDGET
Financing and budget of the Network Manager
Article 25 
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CHAPTER VIII
FINAL PROVISIONS
Repeal
Article 26 
Regulation (EU) No 677/2011 is repealed.
Entry into force
Article 27 
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
...Done at Brussels, 24 January 2019.
For the Commission
The President
Jean-Claude JUNCKER
ANNEX I
THE EUROPEAN ROUTE NETWORK DESIGN FUNCTION
PART A
Objective and scope 
  

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART B
Procedure for the development of the European Route Network Improvement Plan
1. The Secretary of State, airspace users and air navigation service providers must participate in the development and review of the European Route Network Improvement Plan referred to in Part A of Annex I to Commission Implementing Regulation (EU) 2019/123, as that Regulation has effect in EU law as amended from time to time, while applying the airspace design principles set out in this Annex.

2. ...

3. ...

4. Airspace design projects shall be compatible and consistent with the European Route Network Improvement Plan. At least the following changes to airspace design projects require compatibility checking and need to be notified to the Network Manager: 


((a)) changes in route alignment;
((b)) changes in route direction;
((c)) changes in route purpose;
((d)) free route airspace description, including associated utilisation rules;
((e)) route utilisation rules and availability;
((f)) changes in vertical or horizontal sector boundary;
((g)) addition or removal of significant points;
((h)) changes in cross-border airspace utilisation;
((i)) changes to the coordinates of significant points;
((j)) changes affecting data transfer;
((k)) changes affecting data published in aeronautical information publications;
((l)) changes affecting letters of agreement with regard to airspace design and utilisation.

5. The European Route Network Improvement Plan shall be continuously reviewed during its operation to take into account new or changing demands of the airspace. In that review process, a continuous coordination shall be ensured with the military authorities.

PART C
Airspace design principles
1. When participating in the European Route Network Improvement Plan, the Secretary of State and air navigation service providers, ... shall, through cooperative decision-making, adhere to the following airspace design principles: 


((a)) the establishment and configuration of airspace structures shall be based on operational requirements, irrespective of national ... borders or Flight Information Region (FIR) boundaries, and shall not be constrained by the division level between upper and lower airspace;
((b)) the design of airspace structures shall be based on a transparent process allowing to consult the decisions made and understand their justifications and shall take into account the requirements of all users whilst reconciling safety, capacity, environmental aspects and having due regard to military and national security needs;
((c)) the present and forecast traffic demand, at network and local level, and the performance targets shall be the input for the European Route Network Improvement Plan with a view to satisfying the needs of the main traffic flows and airports;
((d)) ensure vertical and horizontal connectivity, including terminal airspace and the airspace structure at the interface;
((e)) the possibility for flights to operate along, or as near as possible to, user required routes and flight profiles in the en route phase of flight;
((f)) the acceptance for assessment and possible development of all airspace structures proposals, including Free Route Airspace, multiple route options and Conditional Routes (CDRs), received from stakeholders having an operational requirement in that area;
((g)) the design of airspace structures including Free Route Airspace and ATC sectors shall take into account existing or proposed airspace structures designated for activities which require airspace reservation or restriction. To that end only such structures that are in accordance with the application of the Flexible Use of Airspace (FUA) shall be established. ...;
((h)) ATC sector design development shall commence with the required route or traffic flow alignments within an iterative process that ensures compatibility between routes or flows and sectors;
((i)) ATC sectors shall be designed to enable the construction of sector configurations that satisfy traffic flows and are adaptable and proportionate to variable traffic demand;
((j)) in cases where for operational reasons ATC sectors require to be designed across national ... borders or FIR boundaries, agreements on service provision shall be established between the operational stakeholders concerned.

2. The Secretary of State and air navigation service providers ..., shall, through cooperative decision-making, ensure that the following principles apply to airspace utilisation and capacity management: 


((a)) airspace structures shall be planned to facilitate flexible and timely airspace use and management with regard to routing options, traffic flows, sector configuration schemes and the configuration of other airspace structures;
((b)) airspace structures should accommodate the establishment of additional route options while ensuring their compatibility with the existing capacity considerations and sector design limitations.

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

ANNEX II
AIR TRAFFIC FLOW MANAGEMENT FUNCTION
PART A
Objective and scope
1. The objective of the Air Traffic Flow Management (ATFM) function is to: 


((a)) ensure the achievement of an efficient utilisation of the available capacity of the UK ATMS;
((b)) facilitate the planning, coordination and execution of ATFM measures taken by all operational stakeholders.
((c)) facilitate accommodation of military requirements and crisis management responses;
((d)) ensure regional connectivity and interoperability of the European network within the ICAO EUR Region and with adjacent ICAO regions.

2. ATFM and contingency procedures referred to in point 15 of Part B of this Annex shall ensure better traffic predictability and optimise the available capacity of the  UK ATMS  (including at airports) and aim at increasing the consistency between airport slots and flight plans.

3. ATFM function shall follow detailed working arrangements for the implementation of ATFM measures. All operational stakeholders involved shall adhere to rules and procedures that ensure that air traffic control capacity is used safely and to the maximum extent possible;

4. The ATFM function shall cover all ATFM phases (strategic, pre-tactical, tactical and post operations) as identified in the ICAO provisions referred to in the Appendix. It shall comply with these ICAO provisions.

5. The ATFM function shall apply to the following parties, or agents acting on their behalf, involved in ATFM processes: 


((a)) aircraft operators;
((b)) air traffic service (ATS) providers, including ATS units, ATS reporting offices and aerodrome control service units;
((c)) aeronautical information services providers;
((d)) entities involved in airspace management;
((e)) airport operators;
((f)) ...
((g)) local ATFM units as referred to in point 6 of Part A of this Annex;
((h)) slot coordinators at coordinated airports.

6. ‘Local ATFM Unit’ means a flow management entity operating on behalf of one or more other flow management entities as the interface between the unit providing central ATFM and an ATS unit or a group of ATS units. It can operate at ATS unit level, at national level, ... or at any other sub-regional level;

6a. ‘Central ATFM’ means the air traffic flow management functions provided centrally by Eurocontrol where it compares flight plans with available airspace capacity and makes adjustments to minimise delays in air traffic;

7. The local ATFM units ... shall support the execution of the ATFM function.

PART B
Planning and operational principles
1. The ... operational stakeholders shall plan and execute the tasks supporting the ATFM function for: 


((a)) all phases of all flights intended to operate or operating as general air traffic and in accordance with the Instrument Flight Rules (IFR) in whole or in part;
((b)) all phases of flights referred to in point (a) and air traffic management.

2. Appropriate cooperation and coordination shall be ensured with the relevant ICAO working arrangements covering ATFM aspects at the interfaces.

3. Military aircraft operating as general air traffic shall be subject to ATFM measures when operating or intending to operate within airspace or airports to which ATFM measures apply.

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


((a)) ATFM measures shall:

((i)) support safe operations and prevent excessive air traffic demand compared with declared ATC capacity of sectors and aerodromes including runways;
((ii)) use UK ATMS capacity to the maximum extent possible in order to optimise the efficiency of the UK ATMS and minimise adverse effects on operators;
((iii)) optimise the UK ATMS capacity made available through the development and application of capacity enhancing measures by ATS units;
((iv)) support the management of critical events.
((b)) the allocation of ATFM departure slots shall give priority to flights according to the order of their planned entry into the location at which the ATFM measure will apply, unless specific circumstances such as those stemming from security and defence needs, require application of a different priority rule which is agreed and is of benefit to the UK ATMS;
((c)) trajectory times in the planning and execution phases shall be consistent with any applied ATFM measures and shall be communicated by the CAA to aircraft operators, ATS units and local ATFM units;
((d)) flights departing from the geographical area where ATFM measures are applied and adjacent Flight Information Regions as described in the appropriate ICAO documentation shall be subject to ATFM slot allocation. Flights departing from other areas shall be exempted from ATFM slot allocation but shall however be subject to route, traffic orientations schemes and trajectory time constraints.

5. The Secretary of State must endeavour to ensure that: 


((a)) the ATFM function is available to parties concerned 24 hours a day and that the local ATFM unit, on an exclusive basis, covers a designated area in respect of the airspace under their responsibility within the geographical area where ATFM measures are applied;
((b)) in order to ensure efficient airspace planning allocation and efficient use, as well as direct links between airspace management and ATFM, consistent procedures are established for the cooperation between the parties involved in the ATFM function, ATS units and entities involved in airspace management;
((c)) common procedures for requesting exemption from an ATFM departure slot are in accordance with the ICAO provisions referred to in the Appendix. Those procedures shall be coordinated ... through the unit providing central ATFM and published in national aeronautical information publications.

6. The Secretary of State must endeavour to: 


((a)) optimise the overall performance of the UK ATMS through planning, coordination and implementation of agreed ATFM measures, including for transition plans for the entry into service of major airspace or ATM systems improvements and for adverse weather, through cooperative decision-making;
((b)) consult operators on the definition of ATFM measures;
((c)) conclude working arrangements with the local ATFM units;
((d)) ensure the development, availability and effective implementation of ATFM measures (for all ATFM phases), together with local ATFM units; when such ATFM measures have a wider network impact, the Secretary of State must endeavour to establish, through cooperative decision-making, the nature of the ATFM measures to be implemented;
((e)) in coordination with local ATFM units, identify alternative routings to avoid or alleviate congested areas, taking into account the overall performance of the UK ATMS;
((f)) offer a re-routing to those flights that would optimise the effect of point (e);
((g)) in coordination with the ATS units and the local ATFM units determine, coordinate and ensure the implementation of appropriate measures aimed at providing the necessary capacity to accommodate traffic demand throughout relevant portions of their area of responsibility;
((h)) provide information on ATFM operations in a timely manner to aircraft operators, local ATFM units and ATS units, including:

((i)) planned ATFM measures;
((ii)) impact of ATFM measures on take-off time and flight profile of individual flights;
((i)) monitor the occurrences of missing flight plans and multiple flight plans that are filed;
((j)) suspend a flight plan when, considering the time tolerance, the ATFM departure slot cannot be met and a new estimated off-block time is not known;
((k)) monitor the number of exemptions from ATFM measures granted;
((l)) develop, maintain and publish contingency plans defining the actions to be taken by relevant operational stakeholders in the event of a major failure of a component of the ATFM function at network level which would result in significant reductions in capacity or major disruptions of traffic flows, or both;
((m)) share with all operational stakeholders all appropriate post operational analyses and evaluations;
((n)) enable the appropriate preparation and the predictability of the UK ATMS, ensure working arrangements to collect timely and updated traffic demand information for all ATFM phases from the airspace users and share this with the local ATFM units.

7. The ATS units shall: 


((a)) coordinate ATFM measures, through the local ATFM unit(s), ... in order to ensure that the measures chosen aim at the optimisation of the overall performance of the UK ATMS;
((b)) ensure that ATFM measures applied to airports are coordinated with the airport operator concerned, in order to ensure efficiency in airport planning and usage for the benefit of all concerned operational stakeholders;
((c)) notify to the CAA, through the local ATFM unit, all events, including transition plans for the entry into service of major airspace or ATM systems improvements and adverse weather, that may impact air traffic control capacity or air traffic demand and proposed mitigation;
((d)) provide the CAA and the local ATFM units with the following data and subsequent updates, as technically feasible, in a timely manner and ensuring its quality:

((i)) airspace and route structures;
((ii)) airspace and route availability including availability through application of flexible use of airspace in accordance with Regulation (EC) No 2150/2005;
((iii)) ATS unit sector configurations and activations;
((iv)) aerodrome taxi times and runway configurations;
((v)) air traffic control sector, and aerodrome capacities including runways;
((vi)) updated flight positions;
((vii)) deviations from flight plans;
((viii)) actual flight take-off times;
((ix)) information on the operational availability of the Communication Navigation Surveillance (CNS)/ATM infrastructure.

8. The data referred to in paragraph 7(d) shall be made available to and from the CAA and the operational stakeholders.

9. To ensure network predictability, the ATS unit at the departure airport shall ensure that flights not adhering to their estimated off blocks time, taking into account the established time tolerance or the flight plan of which has been rejected or suspended are not given a take-off clearance.

10. The local ATFM units shall: 


((a)) endeavour to act as point of contact and interface between the unit providing central ATFM, on the one hand, and designated areas and their associated aerodromes and ATS units (military and civil) within their area of responsibility, on the other hand, on the basis of roles and responsibilities agreed through appropriate working arrangements ...;
((b)) establish appropriate local procedures in line with the procedures established by  the unit  providing central ATFM, including temporary procedures;
((c)) provide the unit providing central ATFM with all the required local data for the execution of the ATFM function;
((d)) ensure, in coordination with relevant ATS units and , and in endeavouring to coordinate with the unit providing central ATFM, appropriate ATFM measures implementation for an optimum flow of traffic and balanced demand and capacity by coordinating efficient use of available capacity. ...;
((e)) notify to the CAA and the unit providing central ATFM all events, including transition plans for the entry into service of major airspace or ATM systems improvements and for adverse weather, that may impact air traffic control capacity or air traffic demand and proposed mitigations;
((f)) ensure, in coordination with relevant ATS units and , in endeavouring to coordinate with the unit providing central ATFM, post-operation analyses to identify means to improve the network performance;
((g)) have in place continuously updated pre-defined contingency plans detailing how the area under their responsibility will be handled ... in contingency operations. Those local plans shall be shared and coordinated with the unit providing central ATFM.

11. Where an ATS reporting office is established, it shall facilitate the exchange of information between pilots or operators and the local ATFM unit or the unit providing central ATFM.

12. The aircraft operators shall: 


((a)) provide a single flight plan for each intended flight. The filed flight plan shall correctly reflect the intended flight profile;
((b)) ensure that all relevant ATFM measures and changes thereto are incorporated into the planned flight operation;
((c)) participate in the working arrangements established by the unit providing central ATFM facilitating timely and updated information on air traffic demand for all ATFM phases.

13. Airport operators shall: 


((a)) have arrangements with the local ATS unit to:

((i)) exchange and coordinate with the relevant local ATFM units and the  unit providing central ATFM  all information on capacity and air traffic demand and their evolution for all ATFM phases, in particular ahead of flight schedule publication;
((ii)) notify the relevant local ATFM units and the unit providing central ATFM, all events that may impact air traffic control capacity or air traffic demand.
((b)) establish processes to assess the demand and the impact on the demand of special events that are applicable to all ATFM phases.

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


((a)) where requested by an airport slot coordinator or an airport operator of a coordinated airport, the unit providing central ATFM or the local ATFM unit shall provide them with the flight plan of a flight operating at that airport, before that flight takes place. The airport slot coordinators or the airport operators of coordinated airports shall provide the infrastructure required for the reception of the flight plans provided by the unit providing central ATFM or the local ATFM unit for;
((b)) before flight, aircraft operators shall provide aerodromes of departure and arrival with the necessary information to enable a correlation to be made between the flight designator contained in the flight plan and that notified for the corresponding airport slot; this correlation shall be provided by the unit providing central ATFM, the local ATFM unit, the local ATS unit or the airport operator as appropriate;
((c)) any aircraft operator, airport operator and ATS unit shall report to the airport slot coordinator on repeated operation of air services at times that are significantly different from the allocated airport slots or with the use of slots in a significantly different way from that indicated at the time of allocation, where this causes prejudice to airport or air traffic operations;
((d)) the Secretary of State must endeavour to ensure that the unit providing central ATFM reports to the airport slot coordinators on repeated operation of air services at significantly different times from the allocated airport slots or with the use of slots in a significantly different way from that indicated at the time of allocation, where this causes prejudice to ATFM.

15. When implementing arrival and departure planning information (DPI), airport local operational stakeholders shall coordinate with the unit providing central ATFM in the establishment and operation of that functionality ....

16. With respect to critical events: 


((a)) the Secretary of State must endeavour to ensure that the unit providing central ATFM develops, maintains and publishes ATFM procedures for handling critical events .... ATFM procedures shall set out the actions to be taken by relevant operational stakeholders in the event of a major disruption of a component of the network which would result in significant reduction in capacity or major disruptions of traffic flows, or both;
((b)) in the preparation for critical events, ATS units and airport operators, shall coordinate the relevance and content of the contingency procedures with the unit providing central ATFM and local ATFM units, aircraft operators affected by critical events, and as appropriate the airport slot coordinators, including any adjustment to priority rules. The contingency procedures shall include:

((i)) organisational and coordination arrangements;
((ii)) ATFM measures to manage access to affected areas to prevent excessive air traffic demand compared with declared capacity of the whole or part of the airspace or airports concerned;
((iii)) circumstances, conditions and procedures for the application of priority rules for flights, which respect ... essential security or defence policy interests;
((iv)) recovery arrangements.

PART C
Monitoring of the ATFM Function
1. In order to ensure the predictability and thus the performance of the UK ATMS, information about and adherence to planned operations and the ATFM measures are paramount. Therefore, a specific monitoring of the ATFM function shall be put in place.

2. The Secretary of State must endeavour to ensure that where adherence to ATFM departure slots at an airport of departure is 80 % or less during a year, ... the ATS unit at that airport shall provide relevant information on the non-compliance and the actions taken to ensure adherence to ATFM departure slots. ...

3. In case of any failure to adhere to flight plan rejections or suspensions, the ATS unit at the airport concerned shall provide relevant information to the CAA on the non-adherence and the actions taken to ensure adherence. ...

4. The Secretary of State must endeavour to ensure that the unit providing central ATFM notifies the Secretary of State if exemptions in excess of 0,6 % of the United Kingdom's annual departures are granted.

5. The Secretary of State must endeavour to ensure that the aircraft operator is notified of non-adherence to ATFM measures resulting from application of the requirements related to missing and multiple flight plans. Where an aircraft operator has been notified, it shall produce a report providing details of the circumstances and the actions taken to correct such non-adherence. The Secretary of State must endeavour to ensure that the unit providing central ATFM produces an annual report ... providing details of missing flight plans, or multiple flight plans that are filed.

6. The Secretary of State shall conduct an annual review of adherence to ATFM measures to ensure that all operational stakeholders improve the level of adherence to those measures.

7. The Secretary of State must endeavour to ensure that the unit providing central ATFM produces annual reports ... indicate the quality of the ATFM function including: 


((a)) causes of ATFM measures;
((b)) impact of ATFM measures;
((c)) adherence to ATFM measures;
((d)) contributions by all operational stakeholders to the optimisation of the overall network effect;
((e)) recommendations on these various points to improve the network performance.

8. The Secretary of State must endeavour to ensure that an archive of ATFM data listed in this Annex, flight plans, operational logs and relevant contextual data is created and maintained  by the unit providing central ATFM. ...

Appendix
List of the ICAO provisions for the purpose of air traffic flow management 1. Chapter 3 paragraph 3.7.5 (Air Traffic Flow Management) of Annex 11 to the Chicago Convention — Air Traffic Services (14th edition — July 2016, incorporating Amendment No 50A)
 2. Chapter 3 (ATS Capacity and Air Traffic Flow Management) of ICAO Doc 4444, Procedures for Air Navigation Services — Air Traffic Management (PANS-ATM) (16th edition — 2016, incorporating Amendment No 7A)
 3. Chapter 2 and 8 (Air Traffic Flow Management) of ICAO Doc 7030, European (EUR) Regional Supplementary Procedures (5th edition 2007).

ANNEX III
THE RADIO FREQUENCY FUNCTION
PART A
Objective and scope
1. The objectives of this function are: 


((a)) to maximize the use of the European aeronautical radio spectrum through improvements in frequency management procedures and planning criteria in order to prevent shortage of frequencies which would reduce network capacity;
((b)) to improve the transparency of frequency management practices enabling the accurate assessment of the efficient use of frequencies and the determination of solutions to meet future demands for frequencies;
((c)) to increase the effectiveness of the frequency management processes via the promotion of best practices and the development of corresponding tools.

2. The CAA as national frequency manager shall establish overall priorities for the function to improve the design and operation of the UK ATMS. ... In particular, prioritisation may consider specific bands, areas and services.

PART B
Requirements for the execution of the function
1. The CAA is the national frequency manager with the responsibility for ensuring that frequency assignments are made, modified and terminated in accordance with this Regulation. ...

2. ...

3. ...

4. The national frequency manager shall report to the Network Manager, radio interference cases that impact the European aviation network. ...

5. The national frequency manager must assist the Network Manager to further develop and enhance frequency management procedures, planning criteria, data sets and processes to improve the use and occupancy of radio spectrum by general air traffic users. ...

6. When a frequency assignment is required, the individual or organisation applying for the use of a frequency shall file a request with the ... national frequency manager with all the relevant data and justification.

7. The national frequency manager must assist the Network Manager to assess and prioritise frequency requests on the basis of operational requirements and agreed criteria. ...

8. Where there is no impact on the network, the national frequency manager shall determine suitable frequency(ies) in reply to the frequency request taking into account the requirements of point 12 of Annex III to Commission Implementing Regulation (EU) 2019/123 as that Regulation has effect in EU law as amended from time to time.

9.  

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

10. When a suitable frequency as referred to in points 11 and 12 cannot be determined, the national frequency managers may request the Network Manager to undertake a specific frequency search. ...

11. The national frequency manager shall assign suitable frequency(ies) determined in points 12 or 13.

12. The national frequency manager shall register each frequency assignment in the central register by including the following information: 


((a)) data as specified in the ICAO European Frequency Management Manual including relevant associated technical and operational data;
((b)) enhanced data requirements as referred to in point 6;
((c)) a description of the operational use of the frequency assignment;
((d)) the contact details of the operational stakeholder making use of the assignment.

The CAA shall make use of the central register to fulfil the United Kingdom's administrative frequency assignment registration obligations towards ICAO.

In this Annex “the central register” means the register developed and maintained by the Network Manager under Article 1(e) of Commission Implementing Regulation (EU) 2019/123 as that Regulation has effect in EU law as amended from time to time.

13. When assigning the frequency to the applicant, the national frequency manager shall include conditions of use. As a minimum, those conditions shall specify that the frequency assignment: 


((a)) remains valid as long as it is being used to meet the operational requirements described by the applicant;
((b)) may be subject to a frequency shift request and that such shifts will need to be implemented within a limited timeframe;
((c)) is subject to modification once the operational use described by the applicant changes.

14. The national frequency manager shall ensure that any required frequency shift, modification or termination is performed by the individual or organisation assigned with the frequency concerned within the agreed timeframe and that the central register is updated accordingly. The national frequency manager shall forward appropriate justification to the Network Manager when those actions cannot be performed.

15. The national frequency manager shall ensure that the information referred to in point 12 of Part B concerning all frequency assignments used in the European aviation network are available in the central register.

16. The ... national frequency manager shall perform monitoring and evaluations of aviation frequency bands and frequency assignments based on transparent procedures in order to ensure their correct and efficient use. ...

17. ...

PART C
Requirements for the organisation of the frequency function
1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4. The Secretary of State shall ensure that the use of aviation frequency bands by military users is appropriately coordinated through cooperative decision making with the national frequency managers and the Network Manager.

ANNEX IV
THE RADAR TRANSPONDER CODES FUNCTION
PART A
General  requirementsTransponder Code (TC): 
 1. The objectives of this function are: 


((a)) to improve the robustness of the code allocation process through allocation of clear roles and responsibilities to all involved stakeholders, with the overall network performance at the centre of code allocation determination;
((b)) to provide increased transparency of code allocations and of the actual code usage enabling the better assessment of the overall network efficiency.
 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
 3. The CAA shall make available at all times to ..., air navigation service providers ... an SSR transponder code allocation list that describes the complete and up-to-date allocation of SSR codes within the United Kingdom flight information regions.
 4. A formal process for establishing, assessing and coordinating the requirements for SSR transponder code allocations shall be implemented by the CAA, taking into account all required civil and military uses of SSR transponder codes.
 5. The formal process laid down in point 4 shall include, as a minimum, relevant agreed procedures, timescales and performance targets for the completion of the following activities: 


((a)) submission of applications for SSR transponder code allocations;
((b)) assessment of applications for SSR transponder code allocations;
((c)) coordination of proposed amendments to SSR code transponder allocations with neighbouring States;
((d)) periodic audit of the code allocations and needs with a view to optimisation of the situation, including re-allocation of existing codes allocations;
((e)) periodic amendment, approval and distribution of the overall SSR code transponder allocation list referred to in point 3;
((f)) notification, assessment and resolution of unplanned conflicts between assignments of SSR transponder codes;
((g)) notification, assessment and resolution of wrong assignments of SSR transponder codes, detected at code retention checks;
((h)) notification, assessment and resolution of unplanned shortfalls in allocations of SSR transponder codes;
((i)) provision of data and information in accordance with the requirements laid down in Part C.
 6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
 7. The CAA shall ensure that SSR transponder codes are assigned to an aircraft in accordance with the SSR transponder code allocation list referred to in point 3 of Annex IV to Commission Implementing Regulation (EU) 2019/123 as that Regulation has effect in EU law as amended from time to time.
 8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
 9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
 10. The Secretary of State must assist the Network Manager and air navigation service providers to agree on plans and procedures to support the periodic analysis and identification of future SSR transponder code requirements. That analysis shall include the identification of potential performance impacts created by any predicted shortfalls in the allocations of SSR transponder codes.
 11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Mode S Interrogator Code (MIC): 
 12. The objectives of this process are the following: 


((a)) to perform a coordinated Mode S interrogator code allocation enabling the overall network efficiency;
((b)) to provide the regulatory basis allowing better enforcement and oversight.
 13. The CAA shall allocate the interrogator codes to civil and military Mode S interrogators in a manner that optimises the safe and efficient operation of air traffic surveillance and civil-military coordination taking the following into account: 


((a)) the operational requirements of all operational stakeholders;
((b)) Commission Regulation (EC) No 262/2009;
((c)) the required management of Mode S interrogator codes in compliance with the provisions of the European principles and procedures for the allocation of Secondary Surveillance Radar Mode S Interrogator Codes (IC) (ICAO EUR Doc 024)
 14. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
 15. The CAA shall provide a centralised interrogator code allocation service to Mode S operators through the interrogator code allocation system.
 16. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
 17. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
 18. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
 19. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
 20. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
 21. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
 22. The  Secretary of State must assist the Network Manager and Mode S operators to  agree the plans and procedures to support the periodic analysis and identification of future Mode S interrogator code requirements. That analysis shall include the identification of potential performance impacts created by any predicted shortfalls in the allocations of interrogator codes.
 23. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART B
Requirements for the specific consultation mechanismsTransponder Code: 
 1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
 2. The Secretary of State must assist the Network Manager to ensure that the necessary measures are taken to ascertain that the allocation and use of SSR transponder codes for military needs have no detrimental impact on the safety or efficient flow of general air traffic.
Mode S Interrogator Code: 
 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
 5. The Secretary of State must assist the Network Manager to ensure that the necessary measures are taken to ascertain that the allocation and use of Mode S interrogator code for military needs have no detrimental impact on the safety or efficient flow of general air traffic.

PART C
Requirements for the provision of dataTransponder Code: 
 1. Applications submitted for new or amended allocations of SSR transponder codes shall be compatible with the format and data conventions, completeness, accuracy, timeliness, and justification requirements of the process laid down in point 4 of Part A of Annex IV to Commission Implementing Regulation (EU) 2019/123 as that Regulation has effect in EU law as amended from time to time.
 2. The CAA must provide the Network Manager with the following data and information within agreed timescales ... to support the provision of the network function for SSR transponder codes: 


((a)) an up-to-date record of the allocation and use of all SSR transponder codes within their area of responsibility, subject to any security constraints concerning full disclosure of specific military code allocations not used for general air traffic;
((b)) justification to demonstrate that existing and requested allocations of SSR transponder codes are the minimum necessary to meet operational requirements;
((c)) details of any allocations of SSR transponder codes that are no longer operationally required and that can be released for re-allocation within the network;
((d)) reports of any actual unplanned shortfall in SSR transponder code allocations;
((e)) details of any change in the installation planning or in the operational status of systems or constituents that may impact on the assignment of SSR transponder codes to flights.
 3. Air navigation service providers shall provide the Network Manager with the following data and information within agreed timescales ... to support the provision of the network function for SSR transponder codes: 


((a)) Enhanced Tactical Flow Management System’s Correlated Position Reports containing SSR transponder code assignments for general air traffic conducting flights under instrument flight rules;
((b)) reports of any actual unplanned conflict or hazard caused by an actual operational SSR transponder code assignment, including information of how the conflict was resolved.
 4. Responses by the CAA and air navigation service providers to the coordination of proposed amendments to SSR code transponder allocations and updates of the SSR transponder code allocation list shall as a minimum: 


((a)) identify whether or not any conflict or hazard between SSR transponder code allocations is foreseen;
((b)) confirm whether or not operational requirements or efficiency will be adversely affected;
((c)) confirm that amendments to SSR transponder code allocations can be implemented in accordance with required timescales.
Mode S Interrogator Code: 
 5. Applications submitted for new or amended allocations of interrogator code shall comply with the format and data conventions, completeness, accuracy, timeliness, and justification requirements of the process laid down in point 17 of Part A.
 6. The CAA must provide the Network Manager with the following data and information within agreed timescales ... to support the provision of the interrogator code allocation service: 


((a)) characteristics of Mode S interrogators as specified in Regulation (EC) No 262/2009;
((b)) details of any change in the installation planning or in the operational status of Mode S interrogators or constituents that may impact on the allocation of interrogator codes to Mode S interrogators.
((c)) justification to demonstrate that existing and requested allocations of interrogator codes are the minimum necessary to meet operational requirements;
((d)) allocations of interrogator code that are no longer operationally required and that can be released for re-allocation within the network;
((e)) reports of any actual unplanned shortfall in interrogator code allocations.
 7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
 8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

ANNEX V


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ANNEX VI


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Appendix 1

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Appendix 2

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