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Regulation 390/2013 - Performance Scheme for Air Navigation Services and Network Functions

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Commission Implementing Regulation (EU) No 390/2013 of 3 May 2013 laying down a performance scheme for air navigation services and network functions - text published in the Official Journal of the European Union

Objective

To contribute to sustainable development of the air transport system by improving the overall efficiency of air navigation services across the key performance areas of safety, environment, capacity and cost-efficiency.

Summary

Scope

This Regulation applies to EU air traffic services providers, providers of meteorological services and the Network Manager. 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.

Performance Scheme

The performance scheme should provide for indicators and binding targets on the key performance areas of safety, environment, capacity and cost-efficiency whereby required safety levels are fully achieved and maintained while allowing for performance target setting in the other key performance areas.

The performance scheme should address air navigation services in a gate-to-gate approach including airports.

The European Commission shall coordinate with the European Aviation Safety Agency (European Aviation Safety Agency (EASA)) the safety aspects of the performance scheme.

National Supervisory Authorities (NSAs) have a key role to play in the implementation of the performance scheme. The NSAs shall be responsible for the elaboration, at national or functional airspace block (Functional Airspace Block (FAB)) level, of the performance plans, the performance oversight and for the monitoring of performance plans and targets. EU Member States should therefore ensure that they are in a position to effectively carry out these additional responsibilities.

The performance scheme implementation and operation will be realised in reference periods. The first reference period covered the calendar years 2012 to 2014 included. The second reference period covers the calendar years 2015 to 2019 inclusive.The following reference periods shall be of five calendar years unless otherwise specified.

By the end of each reference period, the Commission shall review the performance scheme, and in particular analyse its impact, effectiveness and scope, taking account of work carried out by International Civil Aviation Organisation (ICAO) in this field.

Key Performance Areas and Performance Indicators

The European Commission may adopt further (to safety, environment, capacity and cost-efficiency) key performance areas in accordance with the procedure referred to in Article 5(3) of Regulation (EC) No 549/2004.

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. The Commission shall adopt the European Union-wide performance targets after consultation with the authorities, organisations and other stakeholders concerned. The targets may be revised in accordance with the procedure referred to in Article 5(3) of Regulation (EC) No 549/2004.

Key performance indicators should be specific and measurable and allowing the allocation of responsibility for achieving the performance targets. The associated targets should be achievable, realistic and timely and aim at effectively steering the sustainable performance of air navigation services.

Annex I of the regulation establishes the key performance indicators for:

  • European Union-wide target setting (in Section 1)
  • local target setting and performance monitoring at local level (in Section 2)

The key performance indicators shall not be changed in the course of a reference period. The Commission shall define for each key performance indicator alert thresholds beyond which the alert mechanisms referred to in Article 19 of the Regulation may be activated.

EU Member States, at national or FAB level, may decide to set up and use additional performance indicators and associated targets to those set by this Regulation for their own performance monitoring and/or as part of their performance plans.

Performance Plans

The national supervisory authorities, at functional airspace block level, shall draw up performance plans containing targets consistent with the Union-wide performance targets and the assessment criteria set out in Annex IV of the regulation.

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

  • air navigation service providers submit their business plans to the national supervisory authorities
  • stakeholders are consulted on the performance plan and targets in accordance with Article 10 of Regulation (EC) No 549/2004.

The performance plans shall contain, in particular:

  • the traffic forecast;
  • the determined costs for air navigation services for each year of the reference period and for each charging zone;
  • a description of investment, including that necessary to achieve the performance targets;
  • performance targets in each relevant key performance area;
  • consideration of the interdependencies between key performance areas;
  • a description of the civil-military dimension of the plan;
  • a description and justification of how the performance targets;
  • an identification of each air navigation service provider concerned and its specific contribution to meeting the targets;
  • a description of the incentive mechanisms to be applied;
  • the measures taken by the national supervisory authorities to monitor achievement of the performance targets;
  • a description of the outcome of the stakeholder consultation.

The performance plans shall be based on the template set out in Annex II of this Regulation.

On the proposal of the national supervisory authorities, Member States shall adopt performance plans containing binding performance targets and submit them to the Commission at the latest six months before the beginning of the reference period. The Commission shall assess the performance plans for consistency with the EU-wide targets and recommend revisions where needed.

Articles 14 to 17 of this Regulation establsih a mechanism for the assessment of the performance plans and targets, and adoption of revised targets and corrective measures.

The EU Member States shall establish performance plans at FAB level.

Performance Review Body

The Commission designates a Performance Review Body (PRB) to assist it in the implementation of the performance scheme. This is to be done for a fixed term consistent with the reference periods. The PRB tasks include but are not limited to the following:

  • collection, examination, validation and dissemination of performance-related data;
  • definition or adaptation of key performance areas;
  • definition of appropriate key performance indicators;
  • setting and the revision of Union-wide performance targets;
  • setting of the alert threshold(s) for activating the alert mechanisms;
  • the consistency assessment of adopted performance plans;
  • consistency assessment of the alert thresholds;
  • assessment of the revised performance targets or the corrective measures taken by the Member States;
  • monitoring, benchmarking and review of the performance of air navigation services;
  • monitoring, benchmarking and review of the performance of the network functions;
  • monitoring of the overall performance of the European ATM network;
  • assessment of the achievement of the performance targets at the end of each reference period;
  • assessment of the performance plan of the Network Manager;
  • maintenance and support in the coordination of a stakeholder consultation calendar concerning performance plans and the consultation duties;

At the Commission’s request, the PRB shall provide ad hoc information or reports on performance-related issues.

The PRB may report and make recommendations to the Commission for improvement of the scheme.

Monitoring of the Achieved Performance

The NSAs, at national or FAB level, and the European Commission shall monitor the implementation of the performance plans. If during the reference period targets are not met, the NSAs shall apply the appropriate measures defined in the performance plan to rectify the situation.

In case of a significant and persistent drop in performance in a Member State or a FAB the Commission may request the Member States concerned and national or FAB supervisory authority to define, apply and communicate to the Commission appropriate measures to achieve the targets set in their performance plan.

The Commission shall monitor the implementation of the Network Performance Plan of the Network Manager.

Not later than 1 June each year and whenever performance targets risk not being achieved, the national supervisory authorities or bodies shall report to the Commission on the monitoring of the performance plans and targets.

Collection, Validation and Dissemination of Performance Data

National authorities, air navigation service providers, airport operators, airport coordinators and air carriers shall ensure that the Commission is provided with the data referred to in Annex V in accordance with the requirements set out in that Annex. The data providers shall take the necessary measures to ensure the quality, validation and timely transmission of the data.

The following information shall be publicly available:

  • general information for the purpose of the objectives set out;
  • performance-related data (to the interested parties concerned);
  • the annual reports from the ongoing monitoring of the overall performance of the ATM network;
  • the European Union-wide targets and a reference to the adopted performance plans.

The Commission may decide to provide other general information on a regular basis to the interested parties concerned, in particular by electronic means.

Entry Into Force

This Regulation entered into force in May 2013.

This Regulation applies from the second reference period and during that period.

This regulation repeals:

The Member States’ obligation to implement the performance scheme during the first reference period as defined in Article 8 are not affected.

Regulation 390/2013 - Performance Scheme for Air Navigation Services and Network Functions (OJ, 9.5.2013)

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