Commission Implementing Decision (EU) 2016/421
of 18 March 2016
on the non-compliance of unit rates for the charging zone of Switzerland for 2015 and 2016 under Article 17 of Implementing Regulation (EU) No 391/2013
(notified under document C(2016) 1594)
(Only the French, German and Italian texts are authentic)
(Text with EEA relevance) (repealed)
THE EUROPEAN COMMISSION,
Whereas:
The Commission has carried out its assessment of the unit rates with the support of the Performance Review Body, which is charged with assisting the Commission in the implementation of the performance scheme pursuant to Article 3 of Implementing Regulation (EU) No 390/2013, and Eurocontrol's Central Route Charges Office, using the data and additional information provided by Switzerland by 1 June 2015 as well as relevant information submitted as part of the revised performance plan. The assessment of the unit rates for 2015 and 2016 took into account the report by the Performance Review Body on the revised performance plans for the second reference period, which was submitted to the Commission on 15 October 2015.
On the basis of that assessment, the Commission has found, in accordance with Article 17(1)(e) of Implementing Regulation (EU) No 391/2013, that the unit rates for charging zones for 2015 and 2016 submitted by Switzerland are not in compliance with Implementing Regulations (EU) No 390/2013 and (EU) No 391/2013.
Article 11(1) of Implementing Regulation (EU) No 390/2013 provides that the national supervisory authorities of the Member States are to draw up performance plans containing targets consistent with the Union-wide performance targets. Pursuant to Article 11(2) and Annex IV to Implementing Regulation (EU) No 391/2013, unit rates are calculated on the basis of the en route determined costs and the forecast service units specified in the performance plan of a Member State, i.e. the en route determined unit costs. Until the performance targets of Switzerland are considered consistent with Union-wide targets, the unit rates calculated on their basis cannot be considered to be compliant with Implementing Regulations (EU) No 390/2013 and (EU) No 391/2013.
Pursuant to Article 17(1)(e) of Implementing Regulation (EU) No 391/2013, the Member States concerned should be notified of the Commission's findings.
Given that the revised performance plans for the second reference period were not adopted before 1 November of the year preceding the second reference period, it is recalled that, in accordance with Article 17(2) of Implementing Regulation (EU) No 391/2013, the Member States are required to recalculate the unit rates for charging zones where necessary on the basis of the final adopted performance plans and to carry over any difference due to the temporary application of the unit rates set out in this Decision in the calculation of the unit rates of the following year.
In accordance with the last paragraph of Article 17(1), unit rates are set in national currency. The unit rates contained in this Decision are therefore presented in Swiss Franc,
HAS ADOPTED THIS DECISION:
Article 1
The 2015 unit rate of 118,97 and the 2016 unit rate of 113,69 for the charging zone of Switzerland are not in compliance with Implementing Regulations (EU) No 390/2013 and (EU) No 391/2013.
Article 2
This Decision is addressed to the Swiss Confederation.
Done at Brussels, 18 March 2016.
For the Commission
Violeta Bulc
Member of the Commission