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1. In order to achieve the objectives referred to in Article 37(1) of this Regulation, the Commission, supported by the Agency in accordance with Regulation (EU) 2018/1139, shall ensure that the Network Manager contributes to the execution of the network functions set out in Article 37(2) of this Regulation, by carrying out the tasks referred to in paragraph 6 of this Article. The Commission shall supervise the proper execution of the tasks of the Network Manager.

2. The Commission shall appoint an independent, impartial and competent body to carry out the tasks of the Network Manager.

3. To this end, the Commission shall adopt an implementing act in accordance with the examination procedure referred to in Article 48(3). This appointment Decision shall include the terms and conditions of the appointment, including the financing of the Network Manager.

4. In order to ensure the uniform implementation of and compliance with the provisions referred to in paragraph 2, the Commission shall, with a view to achieving the objectives set out in Article 1, adopt implementing acts laying down detailed provisions including:

(a) appointment requirements and procedures;

(b) independence requirements;

(c) requirements of expertise;

(d) financing;

(e) Commission supervision of execution by the Network Manager of its tasks;

(f) requirements for measuring the performance of the Network Manager. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 48(3).

5. The Network Manager shall execute its tasks in an impartial and cost-efficient manner and shall be subject to appropriate governance and independence. If the competent body appointed as the Network Manager has also regulatory functions, organisational separation with such functions shall be ensured. In the execution of its tasks, the Network Manager shall take into consideration the needs of the whole ATM network while safeguarding defence capabilities and it shall fully involve all the operational stakeholders.

6. Upon the application of the implementing act referred to in paragraph 3 of this Article, the Network Manager shall, within the limits of Article 37(4), contribute to the execution of the network functions through the following tasks:

(a) the establishment of the Network Operations Plan and the preparation of the Network Strategy Plan;

(b) support to the design and coordination of the utilisation of airspace structures;

(c) facilitation of the delegation of air traffic services provision, when approved by the concerned Member States, by supporting the Member States and air traffic service providers concerned taking into account the necessary agreements for the coordination of general and operational air traffic and the need to maintain adequate coordination in the relevant airspace structures;

(d) coordination and support in the delivery of air traffic control capacity in the network in accordance with commitments set out in the NOP, with a view to fulfil network operational performance requirements and local reference values;

(e) coordination and support in the management of network crises;

(f) coordination of scarce resources within aviation frequency bands used by general air traffic, in particular radio frequencies as well as coordination of radar transponder codes;

(g) coordination of ATFM and provision, organisation and operation of the central unit of ATFM;

(h) the development of procedures and organisation of processes for ATFM delay attribution through cooperative decision-making;

(i) coordination, monitoring and support in the planning and implementation activities of the deployment of infrastructure in the European ATM network in partnership with the operational stakeholders to ensure their active participation in management and governance;

(j) the monitoring of the performance of the European ATM network infrastructure;

(k) coordination with ICAO and ICAO regions in relation with the execution of the network functions;

(l) the establishment of the Network Manager’s work programme and budget;

(m) the provision of data on flight plans in relation to Regulation (EC) No 2111/2005 of the European Parliament and of the Council or with other safety and security measures, and through any other tasks necessary for, and intrinsically linked to, the contribution by the Network Manager to the execution of the network functions, as specified in the implementing acts referred to in paragraph 10.

7. The Network Manager shall contribute to the execution of the network functions through support measures aimed at safe and efficient planning and operations of the stakeholders within the network under normal and network crisis conditions and measures aimed at the continuous improvement of network operations in the Single European Sky and the overall performance of the network, especially regarding the implementation of the performance scheme including in respect of climate and the environment. The action taken by the Network Manager shall take account of the need to fully integrate the airports in the network and aim to ensure compliance with the performance plans and performance targets of designated air traffic service providers.

8. The Network Manager shall cooperate closely with the Commission in order to facilitate that the performance targets referred to in Article 21 are adequately reflected in the overall capacity planning, as well as the capacity to be delivered by individual air traffic service providers and agreed between the Network Manager and those air traffic service providers in the NOP.

10. In order to ensure the uniform implementation of the provisions referred to in paragraphs 6 to 9 of this Article, the Commission shall, with a view to achieving the objectives set out in Article 1, adopt implementing acts establishing detailed rules for the implementation of the tasks of the Network Manager, as defined to in those paragraphs. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 48(3).

11. In the execution of its tasks, the Network Manager shall take measures through a cooperative decision-making process. Parties to the cooperative decision-making process shall act to the maximum extent possible with a view to improving the functioning and performance of the network including the achievement of the Union-wide performance targets in the key performance area of climate and environment. The cooperative decision-making process shall promote the interest of the network taking into account essential security and defence interests, and other local or regional conditions, such as geographical, topographical and meteorological conditions. Member States shall be fully involved in decisions of strategic importance, in particular in the shaping of the Network Strategy Plan.

12. The cooperative decision-making process referred to in paragraph 11 shall be based, in particular, on a consultation process of operational stakeholders, airport slot coordinators, Member States and, where relevant, the Agency and the Commission, on working arrangements and processes for operations and on resolution mechanisms involving the Network Management Board where necessary. Where a Member State’s sovereignty over its airspace is concerned, the consent of that Member State is required.

13. In order to ensure the uniform implementation of and compliance with the provisions referred to in paragraphs 11 and 12, the Commission shall, with a view to achieving the objectives set out in Article 1, adopt implementing acts laying down, detailed provisions regarding the cooperative decision-making process including:

(a) a process to consult operational stakeholders, airport slot coordinators, Member States and, where relevant, the Agency and the Commission;

(b) working arrangements and processes for operations;

(c) the involvement of Member States’ authorities when required;

(d) resolution mechanisms involving the Network Management Board where necessary;

(e) any other measure necessary with regard to the decision-making processes. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 48(3).

14. A Network Management Board is established with a view to ensuring appropriate governance over the execution of the network functions. The Network Management Board shall be responsible for:

(a) approving or endorsing measures taken or proposed by the Network Manager in accordance with the implementing act referred to in paragraph 15;

(b) approving the specifications for the consultation and the detailed working arrangements referred to in paragraphs 12 and 13;

(c) approving the NOP;

(d) endorsing the NSP, after consulting and taking into account the opinion of the Member States, and before it is approved by the Commission;

(e) monitoring the implementation of network functions and for providing opinions or recommendations on specific issues; and (f) any other measure necessary for the execution of the governance mechanisms. The approval by the Commission of the NSP shall take the form of an implementing act. That implementing act shall be adopted according to the examination procedure referred to in Article 48(3). The Network Management Board shall have voting and non-voting members. It shall be composed of representatives of the operational stakeholders, of representatives of the Commission, of representatives of the Network Manager and of representatives of Eurocontrol.

15. In order to ensure the uniform implementation of and compliance with the provisions referred to in paragraph 14 of this Article, the Commission shall, with a view to achieving the objectives set out in Article 1, adopt implementing acts, laying down detailed rules regarding the Network Management Board in particular for:

(a) the composition of the Network Management Board;

(b) the functioning and responsibilities of the Network Management Board as defined in paragraph 14;

(c) the network governance mechanisms. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 48(3).