Article 37 — Network functions

1. Air traffic management network functions shall lead to the sustainable and efficient use of airspace and of scarce resources. They shall also ensure that airspace users can operate environmentally- and climate-optimised flight trajectories and profiles, while allowing fair and reasonable access to airspace and air navigation services and minimising congestion. The network functions set out in paragraph 2 of this Article shall support seamless access to air navigation services by airspace users as well as the achievement of the Union-wide performance targets, referred to in Article 21(3), point (b), and shall be based on operational requirements. The implementation of those network functions shall respect the provisions of Article 1, and shall be without prejudice to Member States’ sovereignty over their airspace and to their requirements relating to public order, public security and defence matters. 2. The network functions referred to in paragraph 1 are the following: (a) the design and utilisation of airspace structures across the Union with a view to offering the required level of safety, capacity, flexibility, responsiveness, environmental performance, with due regard to security and defence needs and without prejudice to the responsibilities of Member States with regard to routes and airspace structures for the airspace under their responsibility; (b) ATFM; (c) the 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; (d) the facilitation of delegation of air traffic services provision through cooperation with the air traffic service providers and Member State authorities; (e) the delivery of air traffic control capacity in the network in accordance with commitments set out in the NOP, with a view to fulfilling network operational performance requirements and local reference values; (f) the management of network crises; (g) ATFM delay attribution; (h) the management of the planning, monitoring and coordination of implementation activities of the deployment of infrastructure in the European ATM network, in accordance with the European ATM Master Plan, taking into account operational needs and associated operational procedures; (i) the monitoring of the functioning of the European ATM network infrastructure. 3. Member States and all relevant operational stakeholders shall execute network functions with the contribution of the Network Manager as defined in Article 38(6) and the implementing act referred to in Article 38(10). 4. The functions set out in paragraph 2 shall not involve the adoption of binding measures of a general scope or the exercise of political discretion. They shall be performed in coordination with civil and military authorities, in particular in accordance with agreed procedures concerning the flexible use of airspace. The measures taken for the implementation of the functions listed in paragraph 2 shall be of purely operational or technical nature and shall take into account the specificities of the Member States. 5. In order to ensure the uniform implementation of and compliance with the provisions referred to in this Article, the Commission shall, with a view to achieving the objectives set out in Article 1, adopt implementing acts, in accordance with the examination procedure referred to in Article 48(3), laying down detailed rules regarding the execution of the network functions, including on crisis management.