Article 6 Network management and designF1

United Kingdom

The Secretary of State may by regulations made by statutory instrument make provision imposing requirements on any person in connection with the exercise by any person of the air traffic management (ATM) network functions.

The air traffic management (ATM) network functions are—

(a)

the functions described in Article 6(2) of Regulation (EC) No 551/2004, as that regulation has effect in EU law as amended from time to time,

(b)

additional functions added to that list in accordance with Article 6(3) of that Regulation as it has effect in EU law as amended from time to time, and

(c)

functions under implementing rules adopted under Article 6(4) of that Regulation as it has, and as those rules have, effect in EU law as amended from time to time.

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

F3The Secretary of State shall entrust Eurocontrol or another impartial and competent body with the performance of air traffic flow management, subject to appropriate oversight arrangements.

F4The Secretary of State may by regulations made by statutory instrument make provision about air traffic flow management, including the necessary oversight arrangements, F5... with a view to optimising available capacity in the use of airspace and enhancing air traffic flow management processes. F6Regulations under this paragraph shall be based on transparency and efficiency, ensuring that capacity is provided in a flexible and timely manner, consistent with the recommendations of the ICAO Regional Air Navigation Plan, European Region.

F7Regulations under paragraph 7 shall support operational decisions by air navigation service providers, airport operators and airspace users and shall cover the following areas:

(a)

flight planning;

(b)

use of available airspace capacity during all phases of flight, including slot assignment; and

(c)

use of routings by general air traffic, including:

the creation of a single publication for route and traffic orientation,
options for diversion of general air traffic from congested areas, and
priority rules regarding access to airspace for general air traffic, particularly during periods of congestion and crisis.

When developing and adopting F8regulations under paragraph 7 the Secretary of State shall, as appropriate and without prejudice to safety, take into account consistency between flight plans and airport slots and the necessary coordination with adjacent regions.

F9(10.)

Regulations under paragraph 1 or 7—

(a)

may make different provision for different purposes;

(b)

may make transitional, transitory or saving provision;

(c)

may make consequential, incidental or supplementary provision.

(11.)

A statutory instrument containing regulations under paragraph 1 or 7 is subject to annulment in pursuance of a resolution of either House of Parliament.

Annotations

Textual amendments

F1: Substituted by Regulation (EC) No 1070/2009 of the European Parliament and of the Council of 21 October 2009 amending Regulations (EC) No 549/2004, (EC) No 550/2004, (EC) No 551/2004 and (EC) No 552/2004 in order to improve the performance and sustainability of the European aviation system (Text with EEA relevance).
F2: Art. 6(1)(2) substituted for Art. 6(1)-(5) (31.12.2020) by The Air Traffic Management (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/459), regs. 1(2), 50(2); 2020 c. 1, Sch. 5 para. 1(1)
F3: Words in Art. 6(6) substituted (31.12.2020) by The Air Traffic Management (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/459), regs. 1(2), 50(3); 2020 c. 1, Sch. 5 para. 1(1)
F4: Words in Art. 6(7) substituted (31.12.2020) by The Air Traffic Management (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/459), regs. 1(2), 50(4)(a); 2020 c. 1, Sch. 5 para. 1(1)
F5: Words in Art. 6(7) omitted (31.12.2020) by virtue of The Air Traffic Management (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/459), regs. 1(2), 50(4)(b); 2020 c. 1, Sch. 5 para. 1(1)
F6: Words in Art. 6(7) substituted (31.12.2020) by The Air Traffic Management (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/459), regs. 1(2), 50(4)(c); 2020 c. 1, Sch. 5 para. 1(1)
F7: Words in Art. 6(8) substituted (31.12.2020) by The Air Traffic Management (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/459), regs. 1(2), 50(5); 2020 c. 1, Sch. 5 para. 1(1)
F8: Words in Art. 6(9) substituted (31.12.2020) by The Air Traffic Management (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/459), regs. 1(2), 50(6); 2020 c. 1, Sch. 5 para. 1(1)
F9: Art. 6(10)(11) inserted (31.12.2020) by The Air Traffic Management (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/459), regs. 1(2), 50(7); 2020 c. 1, Sch. 5 para. 1(1)