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 (Text with EEA relevance.)

(c) The average time, expressed in minutes, of departure delay from all causes per flight, calculated at local level in accordance with point 3.2(c) of Section 1.

(d) The percentage of the total en route ATFM delay minutes that occurred on days when the daily throughput was above the expected daily traffic, calculated as follows: (i) en route ATFM delay calculated in accordance with point 3.1 of Section 1; (ii) expected daily traffic refers to the daily traffic profile (guideline traffic) calculated by the Network Manager in January of each year; (iii) airspace throughput and traffic demand are measured as daily IFR flight entries in the airspace; (iv) the airspace is the area of responsibility defined for the calculation of en route ATFM delays.

(e) The annual weighted average of the daily peak throughput, expressed as a number of IFR flights per hour, calculated as follows: (i) the daily peak throughput is an arithmetic average of the number of IFR flights during the three hours of each day with the highest number of flights; (ii) the value used to calculate the weighting is the number of IFR flights per day.

For the purposes of the indicator set out in point (a), ‘local’ means at national level with a breakdown at airport level.

For the purposes of the indicators set out in points (b) and (c), ‘local’ means at airport level for airports with 80 000 IFR air transport movements or more per year.

For the purposes of indicators set out in points (d) and (e), ‘local’ means at area control centre level.

4. COST-EFFICIENCY

(a) The DUC for en route air navigation services, calculated as follows: (i) the ratio between the en route determined costs and the forecast traffic in the charging zone, expressed in en route service units, expected during each year of the reference period at local level, contained in the performance plans; (ii) expressed in real terms and in national currency; (iii) calculated for the whole calendar year and for each year of the reference period.

(b) The DUC for terminal air navigation services, calculated as follows: (i) the ratio between the determined costs and the forecast traffic, expressed in terminal service units, expected during each year of the reference period at local level, contained in the performance plans; (ii) expressed in real terms and in national currency; (iii) calculated for the whole calendar year and for each year of the reference period.

For the purposes of the indicators set out in points (a) and (b), ‘local’ means at charging zone level.

The actual unit cost incurred by users separately for en route and terminal air navigation services, calculated as follows:

(a) a sum of the DUC for air navigation services and of the adjustments in accordance with Article 25(2) stemming from that year;

(b) expressed in nominal terms and in national currency;

(c) calculated for the charging zone level for the whole calendar year and for each year of the reference period.

SECTION 3

KPIs for target setting and indicators for monitoring of the network functions

1.All the indicators set out in this Section shall apply to the geographic area within the scope of this Regulation.

2. SAFETY

The level of the effectiveness of safety management of the Network Manager in accordance with point 1.1 of Section 1.

The ATFM over-deliveries above the capacity limits of a sector declared by the air navigation service provider where ATFM regulations are imposed, calculated as follows:

(a) the ratio between the time that the number of flights exceeds by more than 10 % the capacity limits of a sector declared by the air navigation service provider where ATFM regulations are imposed, and the total time where ATFM regulations are imposed, calculated for the whole calendar year and for each year of the reference period;

(b) for the purposes of this indicator, the regulated time is divided in overlapping hourly segments at every 20-minutes interval.

3. ENVIRONMENT

The en route flight efficiency improvement generated by the European Route Network Design function related to the last filed flight plan trajectory, expressed as a percentage point of the year-on-year variation of the en route flight efficiency of the last filed flight plan trajectory and calculated in accordance with point 2.2(a) of Section 1.

The annual sum of route extensions resulting from the CDM network procedures and Network Manager Operations Centre actions for en route ATFM delay savings. Route extensions are measured in nautical miles as the differences between the distance of the actual trajectories after flights accepted rerouting proposals from the Network Manager and the distance of the last filed flight plan trajectories before accepting the rerouting proposals.

4. CAPACITY

(a) The percentage of total initial minutes of en route ATFM delay saved as a result of Collaborative Decision-Making network procedures and Network Manager Operations Centre actions. The saved en route ATFM delay is calculated as the difference between the initial delay of the IFR flight without the measures and the en route ATFM delay of that flight after the delay-saving actions. The en route ATFM delay is calculated in accordance with point 3.1 of Section 1.

(b) The percentage of total initial minutes of arrival ATFM delay saved as a result of Collaborative Decision-Making network procedures and Network Manager Operations Centre actions. The saved arrival ATFM delay is calculated as the difference between the initial delay of the IFR arrival without the measures and the airport arrival ATFM delay of that flight after the delay-saving actions. The arrival ATFM delay is calculated in accordance with point 3.2(a) of Section 1.

(a) The average, over a calendar year, of the daily number of ATFM regulations that each produces less than 200 minutes of delay.

(b) The average, over a calendar year, of en route ATFM weekend delay expressed in minutes of delay per flight.

(c) The annual percentage of all first rotation ATFM delays for a pre-selection of area control centres and airports with the most significant potential delay reduction as identified annually by the Network Manager, calculated as follows: (i) en route ATFM delay calculated in accordance with point 3.1 of Section 1; (ii) the hourly ATFM delay attribution is based on the estimated time of entry into the en route airspace affected; (iii) arrival ATFM delay calculated in accordance with point 3.2(a) of Section 1.

5. COST-EFFICIENCY

The unit cost for the execution of the tasks of the Network Manager, calculated as follows:

(a) the ratio between the actual costs for the execution of the tasks of the Network Manager and the en route traffic, expressed in en route service units, during the reference period, at the level of the geographical area where the Network Manager performs its tasks necessary for the execution of the network functions;

(b) expressed in euro and in real terms;

(c) calculated for the whole calendar year and for each year of the reference period.

ANNEX II

TEMPLATE FOR PERFORMANCE PLANS AT NATIONAL OR FUNCTIONAL AIRSPACE BLOCK LEVEL REFERRED TO IN ARTICLE 10(1)

1. INTRODUCTION

1.1. Description of the situation, including scope of the plan in terms of geographical coverage and services, list of air navigation service providers covered and other general information relevant to the performance plan.

1.2. Traffic forecasts referred to in points (f) and (g) of Article 10(2) expressed in IFR movements and in service units underpinning the performance plan based on Eurocontrol's Statistics and Forecast Service (STATFOR) base forecasts. Where the forecasts differ from the STATFOR base forecasts, the reasons that justify the use of a different forecast referred to in points (f) and (g) of Article 10(2) and a justification for the use of these forecasts shall be documented.

1.3. Description of the outcome of the stakeholder consultation on the draft performance plan, including the points of agreement and disagreement as well as the reasons for any such disagreement.

1.4. List of airports subject to the performance and charging scheme, with their average number of IFR air transport movements per year.

1.5. Where applicable, list of services the provision of which has been established to be subject to market conditions in accordance with Article 35.

1.6. As regards performance plans adopted at the level of functional airspace blocks, description of the process followed to develop and adopt the performance plan.

1.7. Indication whether or not the simplified charging scheme referred to in Article 34 applies and if so, a demonstration that the conditions set out in that Article have been met as well as a description of the application of the simplified charging scheme and of its scope in terms of charging zones covered.

2. INVESTMENTS

2.1. Description and justification of the costs, nature and benefits of new and existing investments in fixed assets planned over the reference period.

2.2. The information referred to in point 2.1 shall include in particular:

3. NATIONAL PERFORMANCE TARGETS OR FAB PERFORMANCE TARGETS AND MEASURES FOR THEIR ACHIEVEMENT

3.1. National performance targets or FAB performance targets in each key performance area, set by reference to each key performance indicator set out in Section 2 of Annex I, and covering each calendar year of the reference period.

3.2. For all key performance areas, description of the main measures put in place at national level or at the level of functional airspace blocks to achieve the performance targets.

3.3. Additional information to substantiate the national performance targets or FAB performance targets in the key performance area of cost-efficiency:

3.4. A breakdown of the performance targets set out in accordance with points 2.1 and 3.1(a) of Section 2 of Annex I at the level of each individual air navigation service provider covered by the performance plan and, in respect of performance plans established at the level of functional airspace blocks, reflecting the contributions of each provider concerned to the performance targets at the level of functional airspace blocks.

3.5. Where there is no Union-wide performance target, description and explanation of how the national performance targets or FAB performance targets contribute to the improvement of the performance of the European ATM network.

3.6. Description and explanation of the interdependencies and trade-offs between the key performance areas, including the assumptions used to assess those trade-offs.

4. CROSS-BORDER INITIATIVES AND SESAR IMPLEMENTATION

4.1. Description of the cross-border cooperation initiatives implemented, or planned to be implemented, at the level of air navigation service providers to improve the provision of air navigation services. Identification of the performance gains enabled by those initiatives in the various key performance areas.

4.2. Description of recent and expected progress in the deployment of SESAR common projects referred to in Article 15a of Regulation (EC) No 550/2004, as well as of change management practices in relation to transition plans in order to minimise any negative impact of changes on the network performance.

5. TRAFFIC RISK SHARING ARRANGEMENTS AND INCENTIVE SCHEMES

5.1. In respect of each charging zone concerned, description of the defined values of the traffic risk sharing parameters applicable in accordance with Article 27:

5.2. In respect of incentive schemes applicable during the reference period in accordance with Article 11:

6. IMPLEMENTATION OF THE PERFORMANCE PLAN

Description of the processes that the national supervisory authorities will put in place, in order to:

(a) monitor the implementation of the performance plan;

(b) address the situation where targets are not reached during the reference period.

ANNEX III

TEMPLATE FOR THE NETWORK PERFORMANCE PLAN REFERRED TO IN ARTICLE 10(5)

1. INTRODUCTION

1.1. Description of the situation, including scope of the Network Performance Plan, network functions covered, roles and responsibilities and other general information relevant to the plan.

1.2. Description of the traffic forecast and macroeconomic scenario underpinning the Network Performance Plan.

1.3. Description of the consistency of the Network Performance Plan with the Network Strategy Plan.

1.4. Description of the outcome of the stakeholder consultation on the draft Network Performance Plan, including the points of agreement and disagreement as well as the reasons for any such disagreement, and description of the outcome of the consultation of the Network Management Board.

2. NETWORK MANAGER'S VALUE ADDED

Areas of cooperation to support tasks and activities of Member States, functional airspace blocks, air navigation service providers, airports, civil and military airspace users.

Description of the Network Manager's work on:

(a) the elaboration and harmonisation of network and regional operational concepts;

(b) the development and harmonisation of airspace projects based on network priorities including cross-border airspace design initiatives;

(c) reducing inefficient use of route network and available airspace;

(d) the development of enhanced airspace management and air traffic flow and capacity management processes;

(e) the harmonised capacity planning and measurement of operational performance;

(f) supporting the resolution of air traffic controller shortages across the network;

(g) strengthening technical area coordination including at FAB level and addressing technical interoperability among air navigation service providers' systems and in particular with the Network Manager's systems;

(h) the support to Network Safety and the implementation, monitoring and improvement of local safety performance.

3. PERFORMANCE TARGETS, OBJECTIVES AND MEASURES

3.1. Safety performance of the Network Manager

3.2. Cost-efficiency performance of the Network Manager (a)description of the measures that the Network Manager puts in place to improve its cost-efficiency.

3.3. Performance targets and objectives specific to each network function

4. IMPLEMENTATION OF THE NETWORK PERFORMANCE PLAN

Description of the measures that the Network Manager puts in place, in order to:

(a) assist the monitoring and the reporting of the implementation of the Network Performance Plan;

(b) address the situation where targets are not reached during the reference period;

(c) communicate with the national supervisory authorities.

ANNEX IV

CRITERIA FOR THE ASSESSMENT OF PERFORMANCE PLANS AND TARGETS AT NATIONAL OR FUNCTIONAL AIRSPACE BLOCK LEVEL

1. CONSISTENCY ASSESSMENT OF NATIONAL PERFORMANCE TARGETS OR FAB PERFORMANCE TARGETS

Consistency of national performance targets or FAB performance targets on the level of effectiveness of safety management with the Union-wide performance targets by which, for each calendar year of the reference period, the level of effectiveness of safety management is equal to, or higher than, the corresponding Union-wide performance targets.

Consistency of national performance targets or FAB performance targets with the Union-wide performance targets for each calendar year of the reference period, by comparing the national performance targets or FAB performance targets with the en route horizontal flight efficiency reference values set out in latest version of the European Route Network Improvement Plan available at the time of adoption of the Union-wide performance targets.

For the purpose of this paragraph, the ‘ en route horizontal flight efficiency reference value’ means the estimated value by the Network Manager of the flight efficiency of the actual trajectory at national level or at the level of functional airspace blocks, for the purpose of ensuring that the Union-wide target on horizontal en route flight efficiency of the actual trajectory is met.

Consistency of national performance targets or FAB performance targets with Union-wide performance targets for each calendar year of the reference period, by comparing the national performance targets or FAB performance targets with the reference values set out in the latest version of the Network Operations Plan available at the time of adoption of Union-wide performance targets.

(a) Consistency of the determined unit cost trend at charging zone level over the reference period with the Union-wide determined unit cost trend over the same period, whereby those trends are expressed as a percentage. For the purpose of calculating those trends, the applicable Union-wide and local performance target values and the baseline values for the determined unit costs referred to in point (a) of Article 9(4), and in point (a) of Article 10(2) shall be used.

(b) Consistency of the determined unit cost trend at charging zone level over a time period covering both the reference period covered by the performance plan and the preceding reference period (‘long term determined unit cost trend’) with the Union-wide determined unit cost trend over the same period, whereby those trends are expressed as a percentage. The long-term determined unit cost trend at charging zone level shall be calculated by using the actual unit cost at charging zone level for the year before the start of the preceding reference period concerned.

(c) Consistency of the determined unit cost level: comparison of the baseline value for the determined unit cost referred to in point (a) of Article 10(2) at the level of the charging zone concerned with the corresponding average value of the charging zones where air navigation service providers have a similar operational and economic environment as defined in accordance with point (c) of Article 9(4).

(d) A deviation from the criteria referred to in points (a) to (c) may be deemed necessary and proportionate in order to: (i) allow the achievement of the performance targets in the key performance area of capacity set at national level or the level of functional airspace blocks provided that the deviation from the Union-wide determined unit cost trend is exclusively due to additional determined costs related to measures necessary to achieve the performance targets in the key performance area of capacity; or (ii) implement restructuring measures that lead to restructuring costs referred to in Article 2(18), provided that the deviation is exclusively due to those restructuring costs and that a demonstration is provided in the performance plan that the restructuring measures concerned will deliver a net financial benefit to airspace users at the latest in the subsequent reference period.

2. REVIEW OF DRAFT PERFORMANCE PLANS

2.1. Elements subject to review:

ANNEX V

CRITERIA FOR THE ASSESSMENT OF THE DRAFT NETWORK PERFORMANCE PLAN

(a) Completeness of the draft Network Performance Plan in terms of the elements needed to assess compliance with the requirements listed in Article 10(5) and Annex III;

(b) comprehensiveness of the actions taken by the Network Manager to contribute to network optimisation covering the actions listed in point 2 of Annex III;

(c) consistency of the target on the level of effectiveness of safety management of the Network Manager with the Union-wide performance targets, by which, for each calendar year of the reference period, the level of effectiveness of safety management is equal to, or higher than, the corresponding Union-wide performance targets;

(d) flight efficiency improvement measures generated by the European Route Network Design function;

(e) en route ATFM delay savings from the Cooperative Decision-Making network procedures and Network Manager Operations Centre actions;

(f) arrival ATFM delay savings from the Cooperative Decision-Making network procedures and Network Manager Operations Centre actions;

(g) adequacy of the measures aimed at achieving the performance targets for the network functions including the relevance of investments and capital expenditure as regards the European ATM Master Plan, the common projects referred to in Article 15a of Regulation (EC) No 550/2004 and Regulation (EU) No 409/2013, and, where applicable, the Network Strategy Plan.

ANNEX VI

LIST OF PERFORMANCE-RELATED DATA TO BE PROVIDED TO THE COMMISSION FOR MONITORING OF PERFORMANCE IN ACCORDANCE WITH ARTICLE 36(1) AND ARTICLE 37

1. DATA TO BE PROVIDED BY NATIONAL SUPERVISORY AUTHORITIES

1.1. National supervisory authorities shall ensure that the following data is provided on a monthly basis: (a)data used and calculated by the Network Manager as defined in Annex I and Annex II of Implementing regulation (EU) 2019/123, including flight plans for general air traffic under IFR rules, actual routing, surveillance data based on 30 seconds reporting interval, en route and arrival ATFM delays, exemptions from ATFM regulations, respect of ATFM slots and frequency of conditional route usage;

1.2. National supervisory authorities shall ensure that the following data is provided on an annual basis:

2. DATA TO BE PROVIDED BY AIR NAVIGATION SERVICE PROVIDERS

2.1. Air navigation service providers shall provide the following on an annual basis:

2.2. Air navigation service providers shall provide the data referred to in Article 4 upon request.

3. DATA TO BE PROVIDED BY AIRPORT OPERATORS FOR AIRPORTS WITH 80 000 IFR AIR TRANSPORT MOVEMENTS OR MORE PER YEAR

Airport operators shall provide the following:

(a) the data referred to in the Eurocontrol Specification document titled ‘Airport Operator Data Flow — Data Specification’ version 1.0,  2019. This data shall be provided on a monthly basis;

(b) information on safety occurrences collected through automated safety data recording systems where available; This information shall be provided on an annual basis.

4. DATA TO BE PROVIDED BY AIRPORT COORDINATORS

Airport coordinators shall provide the data referred to in points (c) and (d) of Article 4(8) of Regulation (EEC) No 95/93 twice a year, in accordance with the time intervals referred to in Article 6 of that Regulation.

5. DATA TO BE PROVIDED BY AIRSPACE USERS

Airspace Users shall provide the following:

(a) the data referred to in the Eurocontrol Specification document titled ‘Air Transport Operator Data Flow — Data Specification’ version 1.0, 2018. This data shall be provided on a monthly basis;

(b) information on safety occurrences collected through automated safety data recording systems where available; This information shall be provided on an annual basis.

6. DATA TO BE PROVIDED BY THE NETWORK MANAGER

The Network Manager shall provide on a monthly basis the data required for the monitoring of the key performance indicators and the indicators for monitoring referred to in points 2 and 3 of Section 1 of Annex I, points 2 and 3 of Section 2 of Annex I and in Section 3 of Annex I.

ANNEX VII

DETERMINED AND ACTUAL COSTS

1. REPORTING TABLE ON TOTAL COSTS AND UNIT COSTS

1.1. A reporting table on total costs and unit costs shall be filled separately for each relevant entity incurring costs in a charging zone using the template of Table 1. In addition, a consolidated reporting table shall be filled using the template of Table 1 aggregating the data from the relevant entities for the charging zone. In respect of terminal air navigation services, an additional reporting table on total costs and unit costs shall be filled in for each airport subject to this Regulation using the template of Table 1. Where Member States decide to apply the provisions of this Regulation to other airports referred to in Article 1(4), the costs for these airports may be presented in a consolidated table using the template of Table 1, except for the total costs referred to in line 4.2 of the template of Table 1 which shall be provided for each airport separately. When a charging zone extends across the airspace of more than one Member State, a joint reporting table using the template of Table 1 shall be filled in in accordance with the requirements of consistency and uniformity referred to in Article 21(4).

1.2. The reporting tables on total costs and unit costs referred to in point 1.1 shall be filled in as part of the performance plan for each calendar year of the reference period and shall also be filled in annually to report on actual costs and actual service units. Actual service units shall be established on the basis of the figures provided by the entity that is billing and collecting charges. Any difference from these figures shall be duly justified in the additional information.

2. ADDITIONAL INFORMATION TO THE REPORTING TABLES ON TOTAL COSTS AND UNIT COSTS

2.1. The following additional information shall be provided, together with the information to be included in reporting tables on total costs and unit costs referred to in point 1.1 prior to the beginning of a reference period, as part of the performance plan: Any changes to points (a) to (j) during the reference period shall be reported together with the information provided in accordance with point 2.2.

2.2. The following additional information shall be provided annually, together with the information to be included in the reporting tables on total costs and unit costs referred to in point 1.1:

ANNEX VIII

REQUIREMENTS FOR THE CALCULATION OF EN ROUTE AND TERMINAL SERVICE UNITS REFERRED TO IN ARTICLE 25

1. Calculation of en route service units

1.1. The en route service units shall be calculated as the product of the distance factor and the weight factor for the flight concerned. The total en route service units shall consist of the total service units in respect of IFR flights, as well as the service units in respect of VFR flights, where VFR flights are not exempted in accordance with Article 31(3), 31(4) and 31(5).

1.2. The distance factor in respect of a given charging zone shall be obtained by dividing by one hundred the number of kilometres flown in the great circle distance between the aerodrome of departure within, or the entry point into, the charging zone and the aerodrome of arrival within, or the exit point from, the charging zone, according to the actual route flown as recorded by the Network Manager. The distance to be taken into account shall be reduced by 20 kilometres for each take-off from and for each landing in the charging zone.

1.3. The weight factor, expressed as a figure taken to two decimal places, shall be the square root of the quotient obtained by dividing by fifty the number of metric tons expressed as a figure taken to one decimal in the certificated maximum take-off weight of the aircraft as shown in the Aircraft Flight Manual.

1.4. Where an aircraft has multiple certificated maximum take-off weights, the highest one shall be used.

1.5. Aircraft operators shall declare the composition of their fleet and the certificated maximum take-off weight of each of their aircraft to the body responsible for the collection of the charge whenever there is a modification and at least annually. Where the weight factor is unknown, the weight factor shall be calculated by taking the weight of the heaviest aircraft of the same type known to exist.

1.6. Where charges are billed on a regional basis, Member States may adopt common modalities of application.

2. Calculation of terminal service units

2.1. The terminal service unit shall be equal to the weight factor for the aircraft concerned.

2.2. The weight factor, expressed as a figure taken to two decimal places, shall be the quotient, obtained by dividing by fifty the number of metric tons in the highest maximum certified take-off weight of the aircraft, referred to in points 1.3 to 1.5 of Annex VIII, to the power of 0,7.

ANNEX IX

UNIT RATES

1. REPORTING TABLES ON UNIT RATE CALCULATION

A reporting table on unit rate calculation shall be filled in annually and separately for each relevant entity incurring costs in a charging zone using the template of Table 2. In addition, a consolidated reporting table shall be filled annually using the template of Table 2 aggregating the data from the relevant entities for the charging zone.

2. REPORTING TABLES ON COMPLEMENTARY INFORMATION ON ADJUSTMENTS

A consolidated reporting table for each charging zone on complementary information on adjustments shall be filled in annually using the template of Table 3.

3. REPORTING TABLES ON COMPLEMENTARY INFORMATION ON COMMON PROJECTS AND ON REVENUES FROM UNION ASSISTANCE PROGRAMMES

A consolidated reporting table for each charging zone on complementary information on common projects and on revenues from Union assistance programmes shall be filled in annually using the template of Table 4.

4. ADDITIONAL INFORMATION TO THE REPORTING TABLES REFERRED TO IN POINTS 1, 2 AND 3

The following additional information shall be provided together with the information to be included in the reporting tables on unit rate calculation and on complementary information on adjustments, referred to in points 1 and 2:

(a) description and rationale for establishment of the different charging zones, in particular with regard to terminal charging zones and potential cross-subsidies between charging zones;

(b) description of the policy on exemptions and description of the financing means to cover the related costs;

(c) description of adjustments resulting from the traffic risk sharing mechanism in accordance with Article 27;

(d) description of the differences between determined costs and actual costs of year n as a result of the changes in costs referred to in Article 28(3) including description of the changes referred to in that Article;

(e) description of adjustments resulting from unforeseen changes in costs in accordance with Article 28(3) to (6).

(f) description of the other revenues, if any, broken down between the different categories indicated in Article 25(3);

(g) description of the application of the financial incentive schemes referred to in Article 11(3) and 11(4) in year n and the resulting financial advantages and disadvantages; description and explanation of the modulation of air navigation charges applied in year n under Article 32 where applicable, and resulting adjustments.

(h) description of adjustments relating to the temporary application of a unit rate under Article 29(5);

(i) description of the cross-financing between en route charging zones, or between terminal charging zones, in accordance with point (e) of Article 15(2) of Regulation (EC) No 550/2004;

(j) information on the application of a lower unit rate under Article 29(6) than the unit rate calculated in accordance with Article 25(2) and the means to finance the difference in revenue;

(k) information and breakdown of the adjustments relating to previous reference periods impacting the unit rate calculation.

The following additional information shall be provided together with the information to be included in the reporting tables on complementary information on common projects and on Union assistance programme referred to in point 3:

(l) information on the costs of common projects and other funded projects broken down per individual project, as well as of public funds obtained from public authorities for these projects.

ANNEX X

CRITERIA FOR THE ASSESSMENT OF WHETHER THE PROVISION OF THE SERVICES REFERRED TO IN ARTICLE 35(1) IS SUBJECT TO MARKET CONDITIONS

ANNEX XI

REPORTING TABLES TO SUPPORT THE COST BASE AND UNIT RATES TO BE PROVIDED TO THE COMMISSION IN ACCORDANCE WITH ARTICLE 35(6)

1. THE COSTS OF AIR NAVIGATION SERVICES

The following instructions shall be followed for the purpose of reporting data in Tables A and B;

(a) the tables shall be filled in for each charging zone. Costs and prices shall be established in national currency;

(b) for Table A, the figures shall be actual figures for year (n-5) until year (n-1) and planned figures for year (n) onwards;

(c) for Table B, the annual price shall reflect the value of the contract. The unit of output considered to determine the value of the contract shall be described and reported in the table by the Member State concerned. As regards terminal air navigation services, Table B shall be filled in separately for each airport where air navigation services are provided under market conditions in the terminal charging zone.

The following additional information shall be provided together with the information to be included in Tables A and B:

(a) description of the unit of output used in Table B;

(b) description of the criteria used for allocating costs of facilities or services between different air navigation services based on the list of facilities and services listed in ICAO Regional Air Navigation Plan, European Region (Doc 7754);

(c) description and explanation of differences between planned and actual figures for years (n-5) to (n-1) in respect to all data provided in Tables A and B;

(d) description and explanation of five year planned costs and investments in relation to expected traffic;

(e) description and explanation of the method adopted for calculating depreciation costs: historic costs or current costs;

(f) justification for the cost of capital, including the components of the asset base;

(g) description of the sources of financing of the air navigation services concerned in respect of each charging zone where services are subject to market conditions.

ANNEX XII

ESSENTIAL ELEMENTS FOR THE CONSULTATIONS REFERRED TO IN ARTICLE 24(3) AND ARTICLE 30(1)

ANNEX XIII

SPECIFIC REQUIREMENTS ON INCENTIVE SCHEMES REFERRED TO IN ARTICLE 11(3)

1. MODULATION OF PIVOT VALUES

Where a national supervisory authority decides to apply a modulation mechanism of en route pivot values in accordance with points (c)(ii), (g)(iii) and (v) of Article 11(3), this modulation mechanism may follow one or both of the points below:

(a) enable significant and unforeseen changes in traffic to be taken into account, in which case the pivot value for year n shall be informed by the reference value at the level of each air navigation service provider from the November release of year n-1 of the Network Operations Plan;

(b) limit the scope of incentives to cover only delay causes related to ATC capacity, ATC routing, ATC staffing, ATC equipment, airspace management and special events with the codes C, R, S, T, M and P of the ATFCM user manual.

Where a national supervisory authority decides to apply a modulation mechanism of terminal pivot values in accordance with points (c)(ii), (g)(iii) and (v) of Article 11(3), this modulation mechanism may follow one or both of the points below:

(a) enable significant and unforeseen changes in traffic to be taken into account, in which case the pivot value for year n shall be modulated on the basis of objective and transparent principles defined in the performance plan.

(b) limit the scope of incentives to cover only delay causes related to ATC capacity, ATC routing, ATC staffing, ATC equipment, airspace management and special events with the codes C, R, S, T, M and P of the ATFCM user manual.

2. CALCULATION OF FINANCIAL ADVANTAGES AND DISADVANTAGES

(a) The financial advantage referred to in point (e) of Article 11(3) shall be calculated as a percentage of the determined costs of year n and recovered from airspace users through an increase of the unit rate in year n+2 where the deviation of the average ATFM delay per flight in year n below the pivot value is greater in absolute value than the lower bound of the symmetric range referred to in point (d) of Article 11(3). The percentage of the determined costs shall, from the lower bound of the symmetric range up to the alert threshold referred to in point (b)(iii) of Article 9(4), follow a smooth sliding scale with the maximum fixed percentage to be applied where the deviation of the average ATFM delay per flight in year n below the pivot value is in absolute value equal to or greater than the value of the alert threshold.

(b) The financial disadvantage referred to in point (f) of Article 11(3) shall be calculated as a percentage of the determined costs of year n and reimbursed to airspace users through a reduction of the unit rate in year n+2 where the deviation of the average ATFM delay per flight in year n above the pivot value is greater in absolute value than the upper bound of the symmetric range referred to in point (d) of Article 11(3). The percentage of the determined costs shall, from the upper bound of the symmetric range up to the alert threshold referred to in point (b)(iii) of Article 9(4), follow a smooth sliding scale with the maximum fixed percentage to be applied where the deviation of the average ATFM delay per flight in year n above the pivot value is in absolute value equal to or greater than the value of the alert threshold.

(a) The financial advantage referred to in point (e) of Article 11(3) shall be calculated as a percentage of the determined costs of year n and recovered from airspace users through an increase of the unit rate in year n+2 where the actual arrival ATFM delay per flight in year n is smaller than the lower bound of the symmetric range referred to in point (d) of Article 11(3). The percentage of the determined costs shall, from the lower bound of the symmetric range down to 50 % of the pivot value, follow a smooth sliding scale with the maximum fixed percentage to be applied where the actual arrival ATFM delay per flight in year n is equal to or lower than 50 % of the pivot value.

(b) The financial disadvantage referred to in point (e) of Article 11(3) shall be calculated as a percentage of the determined costs of year n and reimbursed to airspace users through a reduction of the unit rate in year n+2 where the actual arrival ATFM delay per flight in year n is greater than the upper bound of the symmetric range referred to in point (d) of Article 11(3). The percentage of the determined costs shall, from the upper bound of the symmetric range up to 150 % of the pivot value, follow a smooth sliding scale with the maximum fixed percentage to be applied where the actual arrival ATFM delay per flight in year n is equal to or greater than 150 % of the pivot value.