Commission Regulation (EU) No 691/2010 (repealed)Show full title

CHAPTER I GENERAL PROVISIONS

Article 1 Subject matter and scope

1. This Regulation lays down the necessary measures to improve the overall performance of air navigation services and network functions for general air traffic within the ICAO EUR and 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, this Regulation shall apply to the air navigation services provided by air traffic service providers designated in accordance with Article 8 of Regulation (EC) No 550/2004 of the European Parliament and of the Council(1) and by providers of meteorological services, if designated in accordance with Article 9(1) of that Regulation.

3. Member States may decide not to apply this Regulation to terminal air navigation services provided at airports with less than 50 000 commercial air transport movements per year. They shall inform the Commission thereof. Where none of the airports in a Member State reaches the threshold of 50 000 commercial air transport movements per year, performance targets shall apply as a minimum to the airport with the highest commercial air transport movements.

4. Where a Member State considers that some or all of its terminal air navigation services are submitted to market conditions it shall assess in accordance with the procedures laid down in Article 1(6) of Regulation (EC) No 1794/2006, and with the support of the national supervisory authority, no later than 12 months before the start of each reference period, whether the conditions laid down in Annex I of that Regulation are met. Where the Member State finds that these conditions are met, regardless of the number of commercial air transport movements served, it may decide not to set determined costs under that Regulation nor apply binding targets to the cost efficiency of those services.

5. Pursuant to Article 11(6)(c)(ii) of Regulation (EC) No 549/2004 and Article 15(2)(a) and (b) of Regulation (EC) No 550/2004, and without prejudice to Article 4(2) of the present Regulation, target setting on cost-efficiency shall apply to all determined costs chargeable to airspace users.

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 thereof, 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 which have received the permission to provide air navigation services without certificate, 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(2) and its implementing Regulations Commission Regulations (EC) No 1321/2007(3) and (EC) Nos 1330/2007(4), 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 under the conditions set out in Annex IV.

Article 2 Definitions

For the purposes of this Regulation, the definitions of Article 2 of Regulation (EC) No 549/2004 shall apply.

In addition, the following definitions shall apply:

(a)

‘Airport operator’ means the ‘managing body of an airport’ as defined in Council Regulation (EEC) No 95/93 of 18 January 1993 on common rules for the allocation of slots at Community airports(5);

(b)

‘Data’ means qualitative, quantitative and other relevant information related to air navigation performance collected and systematically processed by, or on behalf of, the Commission for the purpose of the implementation of the performance scheme;

(c)

‘Performance indicators’ means the indicators used for the purpose of performance monitoring, benchmarking and reviewing;

(d)

‘Key performance indicators’ means the performance indicators used for the purpose of performance target setting;

(e)

‘Commercial air transport movements’ means the sum of take-offs and landings involving the transport of passengers, cargo or mail, for remuneration or hire, calculated as an average over the three years preceding the adoption of the performance plan, regardless of the maximum take-off mass and the number of passenger seats used;

(f)

‘Binding target’ means a performance target adopted by Member States as part of a national or functional airspace block performance plan and subject to an incentive scheme providing for rewards, disincentives and/or corrective action plans;

(g)

‘Air carrier’ means an air transport undertaking with a valid operating license issued by a Member State in accordance with European Union Law;

(h)

‘Airspace users’ representative’ means any legal person or entity representing the interests of one or several categories of users of air navigation services;

(i)

‘Determined costs’ means the costs as defined in Article 15(2)(a) and (b) of Regulation (EC) No 550/2004;

(j)

‘National authorities’ means the regulatory authorities at national or functional airspace block level whose costs are eligible for recovery from airspace users when they are incurred in relation with the provision of air navigation services in application of Article 5(2) of Regulation (EC) No 1794/2006;

(k)

‘Just culture’ means a culture in which front line operators or others are not punished for actions, omissions or decisions taken by them that are commensurate with their experience and training, but where gross negligence, wilful violations and destructive acts are not tolerated;

(l)

‘Airport coordinator’ means the function established at coordinated airports in application of Regulation (EEC) No 95/93;

(m)

‘Performance Monitoring’ means the continuous process of collecting and analysing data in order to measure the actual output of a system versus predefined targets.

Article 3 Performance Review Body

1. Where the Commission decides to designate a Performance Review Body to assist it in the implementation of the performance scheme, such designation shall be for a fixed term consistent with the reference periods.

2. The Performance Review Body shall have the appropriate competence and impartiality to carry out independently the tasks assigned to it by the Commission, in particular in the applicable key performance areas.

3. The Performance Review Body shall assist the Commission in the implementation of the performance scheme, in particular in the following tasks:

(a) the collection, examination, validation and dissemination of performance-related data;

(b) the definition of new or the adaptation of key performance areas, in consistency with those identified in the Performance Framework of the ATM (Air Traffic Management) Master Plan, as referred to in Article 8(1) and the related key performance indicators;

(c) for the second reference period and beyond, the definition of appropriate key performance indicators in order to cover in all key performance areas the performance of the network functions and of air navigation services both in en route and terminal services;

(d) the setting up or the revision of European Union-wide performance targets;

(e) the setting up of the thresholds for activating the alert mechanisms as referred to in Article 9(3);

(f) the consistency assessment of adopted performance plans, including performance targets, with the European Union-wide targets;

(g) where appropriate, the consistency assessment of the alert thresholds adopted in application of Article 18(3) with the European Union-wide alert thresholds referred to in Article 9(3);

(h) where appropriate, the assessment of the revised performance targets or the corrective measures taken by the Member States concerned;

(i) the monitoring, benchmarking and reviewing of the performance of air navigation services, at national or functional airspace block and European Union level;

(j) the monitoring, benchmarking and reviewing of the performance of the network functions;

(k) the ongoing monitoring of the overall performance of the ATM network, including the preparation of annual reports to the Single Sky Committee;

(l) the assessment of the achievement of the performance targets at the end of each reference period with a view to preparing the following period.

4. Upon the Commission’s request, the Performance Review Body shall provide ad hoc information or reports on performance related issues.

5. The Performance Review Body may report and make recommendations to the Commission for the improvement of the scheme.

6. As regards relations with national supervisory authorities:

(a) In order to exercise its function of ongoing monitoring of the overall performance of the ATM network, the Performance Review Body shall obtain from the national supervisory authorities the information necessary in relation with the national or functional airspace block performance plans.

(b) The Performance Review Body shall assist the national supervisory authorities upon their request by providing an independent view of the national or functional airspace block performance issues such as factual comparisons between air navigation service providers operating in similar environments (benchmarking), analyses of changes in performance over the last five years, or analyses of forward-looking projections.

(c) National supervisory authorities may request the assistance of the Performance Review Body for the definition of ranges of indicative values for national or functional airspace block target setting, taking into account the European perspective. Such values shall be available to national supervisory authorities, air navigation service providers, airport operators and airspace users.

7. The Performance Review Body shall cooperate as appropriate with the European Aviation Safety Agency for the tasks referred to in paragraph 3 when they are related to safety, to ensure consistency with the objectives and standards established and implemented in accordance with Regulation (EC) No 216/2008.

8. In order to exercise its function of ongoing monitoring of the overall performance of the air traffic management network, the Performance Review Body shall develop appropriate working arrangements with the air navigation service providers, airport operators, airport coordinators and air carriers.

Article 4 National supervisory authorities

1. The national supervisory authorities shall be responsible for the elaboration, at national or functional airspace block level, of the performance plans, the performance oversight and the monitoring of performance plans and targets. In carrying out these tasks, they shall act impartially, independently and transparently.

2. Member States shall ensure that national supervisory authorities have, or have access to, the necessary resources and capabilities in all the key performance areas to carry out the tasks provided for in this Regulation, including the investigation powers to perform the tasks referred to in Article 19.

3. Where a Member State has more than one national supervisory authority, it shall notify the Commission which national supervisory authority is responsible for the national coordination and relations with the Commission for the implementation of this Regulation.

Article 5 Functional airspace blocks

1. Member States shall encourage close cooperation between their national supervisory authorities with a view to establishing a performance plan at functional airspace block level.

2. Where Member States decide to adopt a performance plan at functional airspace block level, they shall:

(a) ensure that the performance plan conforms to the template laid down in Annex II;

(b) notify the Commission which national supervisory authority or body is responsible for the coordination within the functional airspace block and the relations with the Commission for the implementation of the performance plan;

(c) make appropriate arrangements to ensure that:

(i)

a single target is established for each key performance indicator;

(ii)

the measures referred to in Article 11(3)(d) of Regulation (EC) No 549/2004 are defined and applied during the reference period when targets are not met. For this purpose the annual values in the performance plan shall be used;

(iii)

the consequences for meeting or not meeting the targets are suitably allocated within the functional airspace block;

(d) be jointly responsible for the achievement of the performance targets set for the functional airspace block;

(e) in the case where no common charging zone has been established within the meaning of Article 4 of Regulation (EC) No 1794/2006, aggregate the national cost-efficiency targets and provide for information a global figure demonstrating the cost efficiency effort at functional airspace block level.

3. Where Member States of a functional airspace block do not adopt a performance plan with targets at functional airspace block level, they shall communicate for information to the Commission aggregated performance targets highlighting the consistency at functional airspace block level with the European Union-wide performance targets.

Article 6 Coordination with the European Aviation Safety Agency (EASA)

In application of Article 13a of Regulation (EC) No 549/2004 and in accordance with Regulation (EC) No 216/2008, the Commission shall coordinate as appropriate with the EASA:

(a)

the safety aspects of the performance scheme, including the setting-up, revision and implementation of key safety performance indicators and European Union-wide safety performance targets as well as the provision of proposals for appropriate actions and measures following the activation of an alert mechanism;

(b)

the consistency of the safety key performance indicators and targets with the implementation of the European Aviation Safety Programme as may be adopted by the European Union.

Article 7 Duration of the reference periods

1. The first reference period for the performance scheme shall cover the calendar years 2012 to 2014 included. The following reference periods shall be of five calendar years, unless decided otherwise through amendment of this Regulation.

2. The same reference period shall apply to European Union-wide performance targets and the national or functional airspace blocks performance plans and targets.

Article 8 Key performance areas and performance indicators

1. For the purpose of target-setting, the possible addition and adaptation of other key performance areas pursuant to Article 11(4)(b) of Regulation (EC) No 549/2004 shall be decided by the Commission in accordance with the procedure referred to in Article 5(3) of that Regulation.

2. For the purpose of target-setting, to each key performance area shall correspond one or a limited number of key performance indicators. The performance of air navigation services shall be assessed by means of binding targets for each key performance indicator.

3. The key performance indicators for European Union-wide target setting, selected for each key performance area, are in Annex I Section 1.

4. The key performance indicators used for establishing the performance targets for the national or functional airspace blocks are in Annex I Section 2.

5. The key performance indicators shall not be changed in the course of a reference period. Changes shall be adopted by amendment of this Regulation at the latest six months before adopting new European Union-wide performance targets.

6. In addition to the key performance areas and key performance indicators referred to in this Article, Member States, at national or functional airspace block level, may decide to set up and use additional performance indicators and associated targets to those set out in Annex I Section 2 for their own performance monitoring and/or as part of their performance plans. These additional indicators and targets shall be supportive of the achievement of the European Union-wide, and resulting national or functional airspace block level targets. They may for example integrate and describe the civil-military or meteorological dimension of the performance plan. These additional indicators and targets may be accompanied by appropriate incentive schemes decided at national or functional airspace block level.

(1)

OJ L 96, 31.3.2004, p. 10.

(2)

OJ L 167, 4.7.2003, p. 23.

(3)

OJ L 294, 13.11.2007, p. 3.

(4)

OJ L 295, 14.11.2007, p. 7.

(5)

OJ L 14, 22.1.1993, p. 1.