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Commission Implementing Regulation (EU) 2019/317Show full title

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)

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  1. Introductory Text

  2. CHAPTER I GENERAL PROVISIONS

    1. Article 1.Subject matter and scope

    2. Article 2.Definitions

  3. CHAPTER II TASKS AND RESPONSIBILITIES

    1. Article 3.Assistance by the Performance Review Body

    2. Article 4.Provision of information and facilitation of monitoring by air navigation service providers

    3. Article 5.Assistance by the Network Manager

    4. Article 6.Coordination with the European Union Aviation Safety Agency

  4. CHAPTER III PERFORMANCE TARGET SETTING

    1. Article 7.Duration of the reference periods

    2. Article 8.Key performance indicators and indicators for monitoring

    3. Article 9.Union-wide performance targets

    4. Article 10.Performance plans

    5. Article 11.Incentive schemes

  5. CHAPTER IV ADOPTION, ASSESSMENT AND REVISION OF PERFORMANCE PLANS

    1. Article 12.Adoption and submission of draft performance plans

    2. Article 13.Verification of completeness of draft performance plans

    3. Article 14.Assessment and revision of draft performance plans and targets

    4. Article 15.Assessment of revised draft performance plans and targets and adoption of corrective measures

    5. Article 16.Adoption of performance plans

    6. Article 17.Performance targets or corrective measures adopted after the start of the reference period

    7. Article 18.Revision of performance targets during a reference period

    8. Article 19.Approval of the Network Performance Plan

  6. CHAPTER V FINANCING OF AIR NAVIGATION SERVICES, ESTABLISHMENT OF CHARGING ZONES, ESTABLISHMENT OF COST BASES FOR CHARGES AND TRANSPARENCY

    1. Article 20.Principles for the financing of air navigation services

    2. Article 21.Establishment of charging zones

    3. Article 22.Establishment of the cost base for charges

    4. Article 23.Actual costs

    5. Article 24.Transparency of costs

  7. CHAPTER VI CALCULATION OF UNIT RATES AND CHARGES

    1. Article 25.Calculation of unit rates

    2. Article 26.Inflation adjustment

    3. Article 27.Traffic risk sharing mechanism

    4. Article 28.Cost risk sharing mechanism

    5. Article 29.Setting unit rates for charging zones

    6. Article 30.Transparency of unit rates

    7. Article 31.Calculation of charges

    8. Article 32.Modulation of air navigation charges

    9. Article 33.Collection of charges

  8. CHAPTER VII SPECIAL PROVISIONS

    1. Article 34.Simplified charging scheme

    2. Article 35.Terminal air navigation services and CNS, MET and AIS services and ATM data services subject to market conditions

  9. CHAPTER VIII PROVISION OF INFORMATION, MONITORING, AND PUBLICATION OF INFORMATION

    1. Article 36.Provision of information

    2. Article 37.Monitoring and reporting

    3. Article 38.Publication

  10. CHAPTER IX FINAL PROVISIONS

    1. Article 39.Reasoning and appeal of national decisions

    2. Article 40.Repeal

    3. Article 41.Entry into force

  11. Signature

    1. ANNEX I

      KEY PERFORMANCE INDICATORS (KPI) FOR TARGET SETTING AND INDICATORS FOR MONITORING

      1. SECTION 1 KPIs for Union-wide target setting and indicators for monitoring at Union level

        1. 1. SAFETY

          1. 1.1. Key performance indicators

          2. 1.2. Indicators for monitoring

        2. 2. ENVIRONMENT

          1. 2.1. Key performance indicators

          2. 2.2. Indicators for monitoring

        3. 3. CAPACITY

          1. 3.1. Key performance indicator

          2. 3.2. Indicators for monitoring

        4. 4. COST-EFFICIENCY

          1. 4.1. Key performance indicators

          2. 4.2. Indicators for monitoring

      2. SECTION 2 KPIs for target setting at local level and indicators for monitoring at local level

        1. 1. SAFETY

          1. 1.1. Key performance indicator

          2. 1.2. Indicators for monitoring

        2. 2. ENVIRONMENT

          1. 2.1. Key performance indicator

          2. 2.2. Indicators for monitoring

        3. 3. CAPACITY

          1. 3.1. Key performance indicators

          2. 3.2. Indicators for monitoring

        4. 4. COST-EFFICIENCY

          1. 4.1. Key performance indicators

          2. 4.2. Indicator for monitoring

      3. SECTION 3 KPIs for target setting and indicators for monitoring of the network functions

        1. 1. All the indicators set out in this section shall apply...

        2. 2. SAFETY

          1. 2.1. Key performance indicators

          2. 2.2. Indicators for monitoring

        3. 3. ENVIRONMENT

          1. 3.1. Key performance indicators

        4. 4. CAPACITY

          1. 4.1. Key performance indicators

          2. 4.2. Indicators for monitoring

        5. 5. COST-EFFICIENCY

          1. 5.1. Indicators for monitoring

    2. ANNEX II

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

      1. 1. INTRODUCTION

        1. 1.1. Description of the situation, including scope of the plan in...

        2. 1.2. Traffic forecasts referred to in points (f) and (g) of...

        3. 1.3. Description of the outcome of the stakeholder consultation on the...

        4. 1.4. List of airports subject to the performance and charging scheme,...

        5. 1.5. Where applicable, list of services the provision of which has...

        6. 1.6. As regards performance plans adopted at the level of functional...

        7. 1.7. Indication whether or not the simplified charging scheme referred to...

      2. 2. INVESTMENTS

        1. 2.1. Description and justification of the costs, nature and benefits of...

        2. 2.2. The information referred to in point 2.1 shall include in...

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

        1. 3.1. National performance targets or FAB performance targets in each key...

        2. 3.2. For all key performance areas, description of the main measures...

        3. 3.3. Additional information to substantiate the national performance targets or FAB...

        4. 3.4. A breakdown of the performance targets set out in accordance...

        5. 3.5. Where there is no Union-wide performance target, description and explanation...

        6. 3.6. Description and explanation of the interdependencies and trade-offs between the...

      4. 4. CROSS-BORDER INITIATIVES AND SESAR IMPLEMENTATION

        1. 4.1. Description of the cross-border cooperation initiatives implemented, or planned to...

        2. 4.2. Description of recent and expected progress in the deployment of...

      5. 5. TRAFFIC RISK SHARING ARRANGEMENTS AND INCENTIVE SCHEMES

        1. 5.1. In respect of each charging zone concerned, description of the...

        2. 5.2. In respect of incentive schemes applicable during the reference period...

      6. 6. IMPLEMENTATION OF THE PERFORMANCE PLAN

    3. ANNEX III

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

      1. 1. INTRODUCTION

        1. 1.1. Description of the situation, including scope of the Network Performance...

        2. 1.2. Description of the traffic forecast and macroeconomic scenario underpinning the...

        3. 1.3. Description of the consistency of the Network Performance Plan with...

        4. 1.4. Description of the outcome of the stakeholder consultation on the...

      2. 2. NETWORK MANAGER'S VALUE ADDED

      3. 3. PERFORMANCE TARGETS, OBJECTIVES AND MEASURES

        1. 3.1. Safety performance of the Network Manager

        2. 3.2. Cost-efficiency performance of the Network Manager

          1. (a) description of the measures that the Network Manager puts in...

        3. 3.3. Performance targets and objectives specific to each network function

      4. 4. IMPLEMENTATION OF THE NETWORK PERFORMANCE PLAN

    4. ANNEX IV

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

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

        1. 1.1. SAFETY

          1. Effectiveness of safety management

        2. 1.2. ENVIRONMENT

          1. Average horizontal en route flight efficiency of the actual trajectory...

        3. 1.3. CAPACITY

          1. Average en route ATFM delay per flight

        4. 1.4. COST-EFFICIENCY

          1. En route determined unit cost

      2. 2. REVIEW OF DRAFT PERFORMANCE PLANS

        1. 2.1. Elements subject to review:

    5. ANNEX V

      CRITERIA FOR THE ASSESSMENT OF THE DRAFT NETWORK PERFORMANCE PLAN

      1. Completeness of the draft Network Performance Plan in terms of...

    6. 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. 1. DATA TO BE PROVIDED BY NATIONAL SUPERVISORY AUTHORITIES

        1. 1.1. National supervisory authorities shall ensure that the following data is...

          1. (a) data used and calculated by the Network Manager as defined...

        2. 1.2. National supervisory authorities shall ensure that the following data is...

      2. 2. DATA TO BE PROVIDED BY AIR NAVIGATION SERVICE PROVIDERS

        1. 2.1. Air navigation service providers shall provide the following on an...

        2. 2.2. Air navigation service providers shall provide the data referred to...

      3. 3. DATA TO BE PROVIDED BY AIRPORT OPERATORS FOR AIRPORTS WITH...

      4. 4. DATA TO BE PROVIDED BY AIRPORT COORDINATORS

      5. 5. DATA TO BE PROVIDED BY AIRSPACE USERS

      6. 6. DATA TO BE PROVIDED BY THE NETWORK MANAGER

    7. ANNEX VII

      DETERMINED AND ACTUAL COSTS

      1. 1. REPORTING TABLE ON TOTAL COSTS AND UNIT COSTS

        1. 1.1. A reporting table on total costs and unit costs shall...

        2. 1.2. The reporting tables on total costs and unit costs referred...

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

        1. 2.1. The following additional information shall be provided, together with the...

        2. 2.2. The following additional information shall be provided annually, together with...

    8. ANNEX VIII

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

      1. 1. Calculation of en route service units

        1. 1.1. The en route service units shall be calculated as the...

        2. 1.2. The distance factor in respect of a given charging zone...

        3. 1.3. The weight factor, expressed as a figure taken to two...

        4. 1.4. Where an aircraft has multiple certificated maximum take-off weights, the...

        5. 1.5. Aircraft operators shall declare the composition of their fleet and...

        6. 1.6. Where charges are billed on a regional basis, Member States...

      2. 2. Calculation of terminal service units

        1. 2.1. The terminal service unit shall be equal to the weight...

        2. 2.2. The weight factor, expressed as a figure taken to two...

    9. ANNEX IX

      UNIT RATES

      1. 1. REPORTING TABLES ON UNIT RATE CALCULATION

      2. 2. REPORTING TABLES ON COMPLEMENTARY INFORMATION ON ADJUSTMENTS

      3. 3. REPORTING TABLES ON COMPLEMENTARY INFORMATION ON COMMON PROJECTS AND ON...

      4. 4. ADDITIONAL INFORMATION TO THE REPORTING TABLES REFERRED TO IN POINTS...

    10. ANNEX X

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

      1. 1. The extent to which service providers can freely choose to...

      2. 2. The extent to which there is a free choice in...

      3. 3. The extent to which a market structure and competition either...

      4. 4. For terminal air navigation services, the extent to which airports...

      5. 5. The extent to which a provider of terminal air navigation...

      6. 6. For terminal air navigation services, the assessment in this Annex...

    11. 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. 1. THE COSTS OF AIR NAVIGATION SERVICES

        1. 1.1. Reporting tables

          1. Table A

          2. Table B

        2. 1.2. Additional information

    12. ANNEX XII

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

      1. 1. The consultation referred to in Article 24(3) shall concern in...

      2. 2. The consultation referred to in Article 30(1) shall concern in...

    13. ANNEX XIII

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

      1. 1. MODULATION OF PIVOT VALUES

        1. 1.1. For en route air navigation services

        2. 1.2. For terminal air navigation services

      2. 2. CALCULATION OF FINANCIAL ADVANTAGES AND DISADVANTAGES

        1. 2.1. For en route air navigation services

        2. 2.2. For terminal air navigation services

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