CHAPTER VIISPECIAL PROVISIONS
Article 34Simplified charging scheme
1.
Subject to the conditions set out in paragraph 2, Member States may decide to establish and apply a simplified charging scheme for the duration of an entire reference period in respect of:
(a)
one or more en route and one or more terminal charging zones;
(b)
one or more air navigation service providers providing services in the charging zone or zones referred to in point (a).
2.
Member States may decide to establish and apply a simplified charging scheme referred to in paragraph 1 only if all of the following conditions are met:
(a)
a Commission decision adopted pursuant to Article 14(2), Article 15(2) or Article 15(4) confirms that the performance targets set by the Member State in the draft performance plan referred to in Article 12 are consistent with the Union-wide performance targets;
(b)
the performance targets in the key performance areas of safety, capacity and environment have been met in the three years preceding the adoption of the draft performance plan referred to in Article 12;
(c)
the performance plan includes an incentive scheme on capacity targets as required in Article 11;
(d)
the air navigation service providers concerned and the airspace users concerned have been consulted on the intended decision and airspace users representing at least 65 % of the IFR flights operated in the airspace where the Member State or Members States concerned are responsible for the provision of air navigation services agree with the intended decision.
3.
If Member States decide to establish and apply a simplified charging scheme pursuant to paragraph 2, they shall not apply:
(a)
the traffic risk sharing mechanism referred to in Article 11(2) and Article 27. By not applying the traffic risk sharing mechanism, the traffic risk is therefore borne in full by the air navigation service provider;
(b)
the provisions of Article 28(4) to (6) related to the cost risk sharing mechanism;
(c)
the over or under recoveries resulting from the modulation of air navigation charges pursuant to Article 32.
Any carry-over from the years preceding the reference period to which the simplified charging scheme is applied, shall still be taken into account in the calculation of unit rates.
4.
If Member States decide to establish and apply a simplified charging scheme pursuant to paragraph 2, they shall specify and substantiate their decision in the performance plan, in accordance with point 1.7 of Annex II.