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Commission Implementing Regulation (EU) No 390/2013 (repealed)Show full title
Commission Implementing Regulation (EU) No 390/2013 of 3 May 2013 laying down a performance scheme for air navigation services and network functions (Text with EEA relevance) (repealed)
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Changes over time for: Article 1
Version Superseded: 31/12/2019
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Article 1U.K.Subject matter and scope
1.This Regulation lays down the measures to improve the overall performance of air navigation services and network functions for general air traffic within the International Civil Aviation Organization (ICAO) European (EUR) and Africa (AFI) regions where Member States are responsible for the provision of air navigation services with a view to meeting the requirements of all airspace users.
2.For the purpose of target setting and performance monitoring, this Regulation shall apply to the air navigation services provided by:
(a)the air traffic service providers designated in accordance with Article 8 of Regulation (EC) No 550/2004;
(b)the providers of meteorological services, if designated in accordance with Article 9(1) of Regulation (EC) No 550/2004;
(c)the Network Manager established in accordance with Article 3 of Commission Regulation (EU) No 677/2011.
It shall also apply for the purpose of target setting and performance monitoring on cost-efficiency to the authorities or entities incurring eligible costs to be recovered through user charges, as specified in Article 15(2)(b) of Regulation (EC) No 550/2004 and Article 6(2) of Implementing Regulation (EU) No 391/2013.
3.Without prejudice to paragraph 4, Member States may decide not to apply this Regulation to terminal air navigation services provided at some or all of their airports with fewer than 70 000 IFR air transport movements per year. They shall inform the Commission accordingly.
4.Where none of the airports in a Member State reaches the threshold of 70 000 IFR air transport movements per year, this Regulation shall apply as a minimum to the airport with the highest number of IFR air transport movements.
5.Target setting on cost-efficiency shall apply to the determined costs established in Article 15(2)(a) and (b) of Regulation (EC) No 550/2004.
6.Member States may also apply this Regulation:
(a)in airspace under their responsibility within other ICAO regions, on condition that they inform the Commission and the other Member States accordingly, and without prejudice to the rights and duties of Member States under the 1944 Chicago Convention on international civil aviation (the Chicago Convention);
(b)to providers of air navigation services having the permission to provide air navigation services without certification, in accordance with Article 7(5) of Regulation (EC) No 550/2004.
7.Notwithstanding the protection of information provisions of Directive 2003/42/EC of the European Parliament and of the Council(1) and its implementing regulations Commission Regulation (EC) No 1321/2007(2) and Commission Regulation (EC) No 1330/2007(3), the requirements related to the provision of data as defined in Chapter V shall apply to national authorities, air navigation service providers, airport operators, airport coordinators, and air carriers.
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