Commission Regulation (EU) No 691/2010 (repealed)Show full title

CHAPTER II U.K. THE PREPARATION OF PERFORMANCE PLANS

Article 9 U.K. European Union-wide performance targets

1. The Commission shall adopt European Union-wide performance targets, in accordance with the procedure referred to in Article 5(3) of Regulation (EC) No 549/2004, taking into account the relevant inputs from national supervisory authorities and after consultation of the stakeholders as referred to in Article 10 of that Regulation, other relevant organisations as appropriate and the European Aviation Safety Agency for the safety aspects of the performance.

2. European Union-wide targets shall be proposed by the European Commission at the latest 15 months before the beginning of the reference period and adopted at the latest 12 months before the beginning of the reference period.

3. Together with the adoption of the European Union-wide performance targets, the Commission shall define for each key performance indicator alert thresholds beyond which the alert mechanisms referred to in Article 18 may be activated. Alert thresholds for the cost-efficiency key performance indicator shall cover both traffic and costs evolution.

4. The Commission shall substantiate each European Union-wide performance target with a description of the assumptions and rationale used for setting up these targets, such as the use made of inputs from national supervisory authorities and other factual data, traffic forecasts and, where appropriate, expected levels of efficient determined costs for the European Union.

Article 10 U.K. Elaboration of performance plans

1. The national supervisory authorities, at either national or functional airspace block level, shall draw up performance plans containing targets consistent with the European Union-wide performance targets and the assessment criteria set out in Annex III. There shall be only one performance plan per Member State or per functional airspace block when the Member States concerned decide to elaborate a performance plan at functional airspace block level in application of Article 5(1) and (2).

2. To support the preparation of the performance plans the national supervisory authorities shall ensure:

(a) that the air navigation service providers communicate relevant elements of their business plans, prepared in consistency with the European Union-wide targets;

(b) consultation of the stakeholders in accordance with Article 10 of Regulation (EC) No 549/2004 on the performance plan and targets. Adequate information shall be provided to stakeholders at least three weeks prior to the consultation meeting.

3. The performance plans shall contain, in particular:

(a) the traffic forecast, expressed in service units, to be served for each year of the reference period, with the justification of the figures used;

(b) the determined costs for air navigation services costs set by Member State(s) in accordance with the provisions of Article 15(2)(a) and (b) of Regulation (EC) No 550/2004;

(c) a description of investment necessary to achieve the performance targets with a description of their relevance in relation with the European ATM Master Plan and their coherence with the main areas and directions of progress and change as set out therein;

(d) performance targets in each relevant key performance area, set by reference to each key performance indicator, for the entire reference period, with annual values to be used for monitoring and incentive purposes;

(e) a description of the civil-military dimension of the plan describing the performance of flexible use of airspace (FUA) application in order to increase capacity with due regard to military mission effectiveness, and if deemed appropriate, relevant performance indicators and targets in consistency with the indicators and targets of the performance plan;

(f) a description and justification of how the performance targets referred to in (d) reconcile and contribute to the European Union-wide performance targets;

(g) clear identification of the different entities, accountable for meeting the targets and their specific contribution;

(h) a description of the incentive mechanisms to be applied on the various accountable entities to encourage achievement of the targets over the reference period;

(i) the measures taken by the national supervisory authorities to monitor the achievement of the performance targets;

(j) a description of the outcome of the stakeholder consultation, including the issues raised by the participants as well as the actions agreed.

4. The performance plans shall be based on the template set out in Annex II and may, if the Member States so decide in application of Article 8(6), contain additional indicators with associated targets.

Article 11 U.K. Incentive schemes

1. The incentive schemes applied by Member States as part of their performance plan, shall comply with the following general principles:

(a) they shall be effective, proportional, and credible and shall not be changed during the reference period;

(b) they shall be implemented on a non-discriminatory and transparent basis to support improvements in the performance of service provision;

(c) they shall be part of the regulatory environment known ex ante by all stakeholders and be applicable during the entire reference period;

(d) they shall drive behaviour of entities subject to target setting with a view to achieving a high level of performance and meeting the associated targets.

2. Incentives on safety targets shall aim at encouraging that required safety objectives are fully achieved and maintained while allowing for performance improvements in other key performance areas. They shall not be of financial nature and shall consist in action plans with deadlines and/or associated measures in application of Commission Regulation (EC) No 2096/2005 of 20 December 2005 laying down common requirements for the provision of air navigation services(1) and/or implementing rules resulting from Regulation (EC) No 216/2008.

3. Incentives on cost-efficiency targets shall be of financial nature and shall be governed by [X1 appropriate provisions in Article 11a of Regulation (EC) No 1794/2006]. They shall consist in a risk-sharing mechanism, at national or functional airspace block level.

4. Incentives on capacity targets may be of financial nature or of other nature, such as corrective action plans with deadlines and associated measures, which may include bonuses and penalties, adopted by Member States. Where the incentives are of financial nature, they shall be governed by the provisions of Article 12 of Regulation (EC) No 1794/2006.

5. Incentives on environment targets shall aim at encouraging the achievement of required environmental performance levels while allowing for performance improvements in other key performance areas. They shall be of financial or non-financial nature and shall be decided by Member States taking account of local circumstances.

6. In addition, Member States, at national or functional airspace block level, may establish or approve incentives schemes on airspace users, as provided for in Article 12 of Regulation (EC) No 1794/2006.

Editorial Information

X1 Substituted by Corrigendum to Commission Regulation (EU) No 691/2010 of 29 July 2010 laying down a performance scheme for air navigation services and network functions and amending Regulation (EC) No 2096/2005 laying down common requirements for the provision of air navigation services (Official Journal of the European Union L 201 of 3 August 2010).

(1)

OJ L 335, 21.12.2005, p. 13.