CHAPTER IIITHE FINANCING OF AIR NAVIGATION SERVICE PROVISION THROUGH AIR NAVIGATION CHARGES
Article 13Traffic risk sharing
1.
A traffic risk-sharing mechanism shall apply in accordance with the principles referred to in Article 12 of Implementing Regulation (EU) No 390/2013.
2.
The following costs shall not be submitted to traffic risk-sharing and shall result in an increase or reduction of the determined costs in (a) subsequent year(s) irrespective of traffic evolution:
(a)
the determined costs established in accordance with Article 6(2) with the exception of agreements relating to cross border air traffic service provision;
(b)
the determined costs for meteorological services;
(c)
the adjustment due to differences between forecasted and actual inflation as referred to in Article 7(1);
(d)
the recovery of restructuring costs, if authorised in accordance with Article 7(4);
(e)
the carry-over resulting from the implementation of the traffic risk-sharing mechanism;
(f)
the carry-overs authorised from the previous reference period resulting from the implementation of the cost sharing mechanism referred to in Article 14;
(g)
bonuses or penalties resulting from financial incentive schemes referred to in Article 15;
(h)
the over-or under-recoveries that may result from the modulation of air navigation charges in application of Article 16;
(i)
the over-or under-recoveries resulting from traffic variations;
(j)
for the second reference period, the over- or under-recoveries incurred by Member States up to and including the year 2011 in respect to en route and 2014 in respect to terminal air navigation services.
In addition, Member States may exempt from traffic risk-sharing the determined costs of providers of air navigation services which have received permission to provide air navigation services without certification, in accordance with Article 7(5) of Regulation (EC) No 550/2004.
3.
Where, over a given year n, the actual number of service units does not exceed or fall below the forecast established in the performance plan for that year n by more than 2 %, the additional or lost revenue of the air navigation service provider in respect of determined costs shall not be carried over.
4.
Where, over a given year n, the actual number of service units exceeds the forecast established in the performance plan for that year n by more than 2 %, a minimum of 70 % of the additional revenue obtained by the air navigation service provider(s) concerned in excess of 2 % of the difference between the actual service units and the forecast in respect of determined costs established in the performance plan shall result in a corresponding reduction of the determined costs of year n+2.
Where, over a given year n, the actual number of service units falls below the forecast established in the performance plan for that year n by more than 2 %, a maximum of 70 % of the revenue loss incurred by the air navigation service provider(s) concerned in excess of 2 % of the difference between the actual service units and the forecast in respect of determined costs established in the performance plan shall result in a corresponding increase of the determined costs starting not earlier than year n+2.
5.
Where, over a given year n, the actual number of service units is lower than 90 % of the forecast established in the performance plan for that year n, the full amount of the revenue loss incurred by the air navigation service provider(s) concerned in excess of 10 % of the difference between the actual service units and the forecast in respect of determined costs established in the performance plan shall result in a corresponding increase of the determined costs starting not earlier than year n+2.
Where, over a given year n, the actual number of service units exceed 110 % of the forecast established in the performance plan for that year n, the full amount of the additional revenue obtained by the air navigation service provider(s) concerned in excess of 10 % of the difference between the actual service units and the forecast in respect of determined costs established in the performance plan shall result in a corresponding reduction of the determined costs of year n+2.
6.
In the case of terminal air navigation services, Member States may decide for airports with fewer than 225 000 IFR air transport movements per year not to apply the provisions of paragraphs 3, 4 and 5 above. Member States shall inform the Commission of that decision within two months following publication of this Regulation.