### (2) the price for common information services shall be based on the fixed and variable costs of providing the service concerned and may , in addition , include a mark-up reflecting an appropriate risk-return trade-off. ### (2) the price for common information services shall be based on the fixed , underlying structural and variable costs of providing the service concerned and may , in addition , include a mark-up reflecting an appropriate risk-return trade-off.


### 2. the price for common information services shall be based on the fixed and variable costs of providing the service concerned and may , in addition , include a mark-up reflecting an appropriate risk-return trade-off. ### 2. the price for uavis shall be based on the fixed and variable costs of providing the service concerned and may , in addition , include a mark-up reflecting an appropriate risk-return trade-off.


### 3. the common information service provider shall set the price in accordance with paragraph 2 , subject to assessment and approval by the national supervisory authority concerned. ### 3. the uavis provider shall set the price in accordance with paragraph 2 , subject to assessment and approval by the national supervisory authority concerned.


### 4. as far as operations in specific volumes of airspace designated by the member states for unmanned aircraft operations are concerned , relevant operational data shall be made available in real-time by air navigation service providers. common information service providers shall use those data only for operational purposes of the services they provide. access to relevant operational data shall be granted to common information service providers , on a non-discriminatory basis , without prejudice to security or defence policy interests. ### 4. as far as operations in specific volumes of airspace designated by the member states for unmanned aircraft operations are concerned , relevant operational data shall be made available in real-time by air navigation service providers. uavis providers shall use those data only for operational purposes of the services they provide. access to relevant operational data shall be granted to uavis providers , on a non-discriminatory basis , without prejudice to security or defence policy interests.


### 2. the performance scheme shall be implemented over reference periods , which shall be a minimum of two years and a maximum of five years. the performance scheme shall include: ### 2. the performance scheme shall be implemented over reference periods , which shall be a minimum of two years and a maximum of three years. the performance scheme shall include:


### (2) the performance scheme shall be implemented over reference periods , which shall be a minimum of two years and a maximum of five years. the performance scheme shall include: ### (2) the performance scheme shall be implemented over a reference period of three years.


### union -wide performance targets in the key performance areas of the environment , capacity and cost-efficiency for each reference period ; ### union-wide performance targets on in the key performance areas of safety , the environment , capacity and cost-efficiency for each reference period;


### performance plans including binding performance targets in the key performance areas mentioned in point (a) for each reference period ; ### national performance plans or plans for functional airspace blocks including binding performance targets , ensuring consistency with the community-wide performance targets in the key performance areas mentioned in point (a) for each reference period;


### the commission may add additional key performance areas for performance target setting or monitoring purposes , where necessary to improve performance. ### the commission may add additional key performance areas for performance target setting or monitoring purposes , where necessary to improve performance , in accordance with the examination procedure referred to in article 37(3) and on the basis of an impact assessment.


### the commission may add additional key performance areas for performance target setting or monitoring purposes , where necessary to improve performance. ### the commission may , in accordance with the examination procedure referred to in article 37(3) , take a decision to add additional key performance areas for performance target setting or monitoring purposes , where necessary to improve performance.


### incentive schemes including for financial disincentives applicable where an air traffic service provider does not comply with the relevant binding performance targets during the reference period or where it has not implemented the relevant common projects referred to in article 35. such financial disincentives shall in particular take account of the deterioration in the level of service quality provided by that provider , as a result of not complying with the performance targets or not implementing the common projects , and the impact thereof on the network; ### balanced and symmetrical incentive schemes including financial bonus and disincentives applicable whether an air traffic service provider achieves a performance exceeding binding targets or whether it does not comply with the relevant binding performance targets during the reference period or where it has not implemented the relevant common projects referred to in article 35. the financial disincentives shall in particular take account of the deterioration in the level of service quality provided by that provider , as a result of not complying with the performance targets or not implementing the common projects , and the impact thereof on the network;


### 1. the commission shall adopt the union-wide performance targets for en route air navigation services and for terminal air navigation services in the key performance areas of environment , capacity and cost-efficiency for each reference period , in accordance with the advisory procedure referred to in article 37(2) and with paragraphs 2 to 3 of this article. in conjunction with the union-wide performance targets , the commission may define complementary baseline values , breakdown values or benchmark groups , for the purpose of enabling the assessment and approval of draft performance plans in accordance with the criteria referred to in article 13(3). ### 1. the commission shall adopt the union-wide performance targets for en route air navigation services and for terminal air navigation services in the key performance areas of safety , environment , capacity and cost-efficiency for each reference period , in accordance with the examination procedure referred to in article 37(2) and with paragraphs 2 to 3 of this article. in conjunction with the union-wide performance targets , the commission may define complementary baseline values , breakdown values or benchmark groups , for the purpose of enabling the assessment and approval of draft performance plans in accordance with the criteria referred to in article 13(3).


### 1. the commission shall adopt the union-wide performance targets for en route air navigation services and for terminal air navigation services in the key performance areas of environment , capacity and cost-efficiency for each reference period , in accordance with the advisory procedure referred to in article 37(2) and with paragraphs 2 to 3 of this article. in conjunction with the union-wide performance targets , the commission may define complementary baseline values , breakdown values or benchmark groups , for the purpose of enabling the assessment and approval of draft performance plans in accordance with the criteria referred to in article 13(3). ### 1. the commission shall adopt the union-wide performance targets for en route air navigation services in the key performance areas of environment , capacity and cost-efficiency for each reference period , in accordance with the examination procedure referred to in article 37(3) and with paragraphs 2 to 3 of this article. in conjunction with the union-wide performance targets , the commission may define complementary baseline values , breakdown values or benchmark groups , for the purpose of enabling the assessment and approval of draft performance plans in accordance with the criteria referred to in article 13(3). .


### (1) the commission shall adopt the union-wide performance targets for en route air navigation services and for terminal air navigation services in the key performance areas of environment , capacity and cost-efficiency for each reference period , in accordance with the advisory procedure referred to in article 37(2) and with paragraphs 2 to 3 of this article. in conjunction with the union-wide performance targets , the commission may define complementary baseline values , breakdown values or benchmark groups , for the purpose of enabling the assessment and approval of draft performance plans in accordance with the criteria referred to in article 13(3). ### (1) the commission shall adopt the union-wide performance targets for en route air navigation services in the key performance areas of environment , capacity and cost-efficiency for each reference period , in accordance with the advisory procedure referred to in article 37(2) and with paragraphs 2 to 3 of this article. in conjunction with the union-wide performance targets , the commission may define complementary baseline values , breakdown values or benchmark groups , for the purpose of enabling the assessment and approval of draft performance plans in accordance with the criteria referred to in article 13(3).


### they shall drive gradual , continuous improvements in respect of the operational and economic performance of air navigation services; ### they shall drive gradual , continuous evolution in respect of the operational and economic performance of air navigation services;


### 3. for the purposes of preparing its decisions on union-wide performance targets , the commission shall collect any necessary input from stakeholders. upon request of the commission , the agency acting as prb shall provide assistance to the commission for the analysis and preparation of those decisions , by way of an opinion. ### 3. for the purposes of preparing its decisions on union-wide performance targets , the commission shall collect any necessary input from stakeholders and from the relevant national regulators (national supervisory authorities and national competent authorities). upon request of the commission , the agency acting as prb shall provide assistance to the commission for the analysis and preparation of those decisions , by way of an opinion.


### 2. in due time before the start of the relevant reference period , the commission , shall adopt implementing decisions addressed to each member state as to whether the intended classification of the services concerned complies with the criteria set out in points (28) and (55) of article 2. upon request of the commission , the agency acting as prb shall provide assistance to the commission for the analysis and preparation of those decisions , by way of an opinion. ### deleted


### 2. in due time before the start of the relevant reference period , the commission , shall adopt implementing decisions addressed to each member state as to whether the intended classification of the services concerned complies with the criteria set out in points (28) and (55) of article 2. upon request of the commission , the agency acting as prb shall provide assistance to the commission for the analysis and preparation of those decisions , by way of an opinion. ### 2. in due time before the start of the relevant reference period , the commission , shall adopt implementing decisions addressed to each member state as to whether the intended classification of the services concerned complies with the criteria set out in points (29) and (55) of article 2. upon request of the commission , the agency acting as prb shall provide assistance to the commission for the analysis and preparation of those decisions , by way of an opinion.


### 3. where a decision adopted under paragraph 2 finds that the intended classification does not comply with the criteria set out in points (28) and (55) of article 2 , the member state concerned shall , having regard to that decision , submit a new notification whose terms comply with those criteria. the commission shall take a decision on this notification in accordance with paragraph 2. ### deleted


### 3. where a decision adopted under paragraph 2 finds that the intended classification does not comply with the criteria set out in points (28) and (55) of article 2 , the member state concerned shall , having regard to that decision , submit a new notification whose terms comply with those criteria. the commission shall take a decision on this notification in accordance with paragraph 2. ### 3. where a decision adopted under paragraph 2 states that the intended classification does not comply with the criteria set out in points (29) and (55) of article 2 , the member state concerned shall , having regard to that decision , submit a new notification whose terms comply with those criteria. the commission shall take a decision on this notification in accordance with paragraph 2.


### 4. the designated air traffic service providers concerned shall base their draft performance plans for en route and terminal air navigation services on the classifications the commission has found to be in compliance with the criteria set out in points (28) and (55) of article 2. the agency acting as prb shall base itself on those same classifications when assessing the allocation of costs between en route and terminal air navigation services under article 13(3). ### 4. the designated air traffic service providers concerned shall base en route and terminal air navigation services on the classifications referred to in paragraph 1. the agency acting as prb shall base itself on those same classifications when assessing the allocation of costs between en route and terminal air navigation services under article 13(3).


### 4. the designated air traffic service providers concerned shall base their draft performance plans for en route and terminal air navigation services on the classifications the commission has found to be in compliance with the criteria set out in points (28) and (55) of article 2. the agency acting as prb shall base itself on those same classifications when assessing the allocation of costs between en route and terminal air navigation services under article 13(3). ### 4. the designated air traffic service providers concerned shall base their draft performance plans for en route and terminal air navigation services on the classifications the commission has found to be in compliance with the criteria set out in points (29) and (55) of article 2. the agency acting as prb shall base itself on those same classifications when assessing the allocation of costs between en route and terminal air navigation services under article 13(4).


### performance plans and performance targets for en route air navigation services of designated air traffic service providers ### performance plans and performance targets for en route air navigation services


### 1. the designated air traffic service providers for en route air traffic services shall , for each reference period , adopt draft performance plans in respect of all the en route air navigation services which they provide and , where applicable , procure from other providers. ### 1. the national supervisory authority shall , for each reference period , adopt the performance plans drafted by air traffic service providers in respect of all the en route air navigation services.


### the draft performance plans shall be adopted after the setting of union-wide performance targets and before the start of the reference period concerned. they shall contain performance targets for en route air navigation services in the key performance areas of the environment , capacity and cost-efficiency , consistent with the union-wide performance targets. those draft performance plans shall take account of the european atm master plan. the draft performance plans shall be made publicly available. ### the draft performance plans shall be adopted after the setting of union-wide performance targets and before the start of the reference period concerned. they shall contain performance targets for en route air navigation services in the key performance areas of the environment , capacity and cost-efficiency , consistent with the union-wide performance targets. those draft performance plans shall take account of the european atm master plan. the draft performance plans shall be made publicly available.


### 2. the draft performance plans for en route air navigation services referred to in paragraph 1 shall include relevant information provided by the network manager. before adopting those draft plans , designated air traffic service providers shall consult airspace users’ representatives and , where relevant , military authorities , airport operators and airport coordinators. the designated air traffic service providers shall also submit those plans to the national competent authority responsible for their certification , which shall verify the compliance with regulation (eu) 2018/1139 and the delegated and implementing acts adopted on the basis thereof. ### 2. the draft performance plans for en route air navigation services referred to in paragraph 1 shall include relevant information provided by the network manager. before adopting those draft plans , national supervisory authorities shall consult airspace users’ representatives and , where relevant , military authorities , airport operators and airport coordinators.


### (2) the draft performance plans for en route air navigation services referred to in paragraph 1 shall include relevant information provided by the network manager. before adopting those draft plans , designated air traffic service providers shall consult airspace users’ representatives and , where relevant , military authorities , airport operators and airport coordinators. the designated air traffic service providers shall also submit those plans to the national competent authority responsible for their certification , which shall verify the compliance with regulation (eu) 2018/1139 and the delegated and implementing acts adopted on the basis thereof. ### (2) the draft performance plans for en route air navigation services referred to in paragraph 1 shall include relevant information provided by the network manager. before adopting those draft plans , designated air traffic service providers shall consult airspace users’ representatives , airport operators and airport coordinators. military bodies will also be consulted , where appropriate. the designated air traffic service providers shall also submit those plans to the national competent authority responsible for their certification , which shall verify the compliance with regulation (eu) 2018/1139 and the delegated and implementing acts adopted on the basis thereof.


### 3. draft performance plans for en route air navigation services shall contain performance targets for en route air navigation services that are consistent with the respective union-wide performance targets in all key performance areas and fulfil the additional conditions laid down in the third subparagraph. ### 3. draft performance plans for en route air navigation services shall contain performance targets for en route air navigation services that are consistent with the respective union-wide performance targets in all key performance areas and fulfil the additional conditions laid down in the third subparagraph.


### (3) draft performance plans for en route air navigation services shall contain performance targets for en route air navigation services that are consistent with the respective union-wide performance targets in all key performance areas and fulfil the additional conditions laid down in the third subparagraph. ### (3) the performance targets for terminal air navigation services included in the draft performance plans shall comply with the following conditions:


### consistency of performance targets for en route air navigation service with union-wide performance targets shall be established according to the following criteria: ### consistency of performance targets for en route air navigation service with union-wide performance targets shall be established according to at least one of the following criteria:


### evaluation of performance improvements over time , for the reference period covered by the performance plan , and additionally for the overall period comprising both the preceding reference period and the reference period covered by the performance plan; ### evaluation of performance improvements over time , for the reference period covered by the performance plan , or for the overall period comprising both the preceding reference period and the reference period covered by the performance plan;


### 4. the allocation of costs between en route and terminal air navigation services shall be assessed by the agency acting as prb on the basis of the methodology referred to in article 10(3)(k) and the classification of the different services as assessed by the commission pursuant to article 12. ### 4. the allocation of costs between en route and terminal air navigation services shall be assessed by the agency acting as prb on the basis of the methodology referred to in article 10(3)(k) and the classification of the different services.


### 5. the draft performance plans for en route air navigation services referred to in paragraph 1 , including where relevant the allocation of costs between en route and terminal air navigation services , shall be submitted to the agency acting as prb for assessment and approval. ### 5. the draft performance plans for en route air navigation services referred to in paragraph 1 , including where relevant the allocation of costs between en route and terminal air navigation services , shall be submitted to the agency acting as prb to assess the compliance with the performance and charging schemes and the consistency with eu targets and to the national supervisory authority for assessment and approval.


### where the agency acting as prb finds that the allocation of costs complies with that methodology and with that classification , it shall take a decision to that effect , notifying the designated air traffic service provider and national supervisory authority concerned. the national supervisory authority shall be bound by the conclusions of that decision in respect of the allocation of costs for the purposes of the assessment of the draft performance plan for terminal air navigation services referred to in article 14. ### where the agency acting as prb finds that the allocation of costs complies with that methodology and with that classification , it shall take a decision to that effect , notifying the designated air traffic service provider and national supervisory authority concerned. the national supervisory authority shall ensure the compliance to the conclusions of that decision.


### 7. the agency acting as prb shall assess the performance targets for en route air navigation services and the performance plans according to the criteria and conditions set out in paragraph 3. where paragraph 6 applies , this assessment shall take place after a decision on the allocation of costs has been taken in accordance with the fourth subparagraph of paragraph 6. ### 7. the agency acting as prb shall assess the performance targets for en route air navigation services and the performance plans according to the criteria and conditions set out in paragraph 3. where the agency acting as prb finds that the draft performance plan meets those criteria and conditions , it shall notify it to the national supervisory authority.


### where the agency acting as prb finds that one or several performance targets for en route air navigation services are not consistent with the union-wide performance targets or the performance plan does not meet the additional conditions set out in paragraph 3 , it shall deny the approval. ### where the agency acting as prb finds that one or several performance targets for en route air navigation services are not consistent with the union-wide performance targets or the performance plan does not meet the additional conditions set out in paragraph 3 , it shall notify the national supervisory authority.


### 8. where the agency acting as prb has denied approval of a draft performance plan in accordance with paragraph 7 , a revised draft performance plan shall be presented by the designated air traffic service provider concerned , including where necessary revised targets. ### 8. where the agency acting as prb has issued a negative assessment of a draft performance plan in accordance with paragraph 7 , a revised draft performance plan shall be presented by the designated air traffic service provider concerned , including where necessary revised targets.


### 9. the agency acting as prb shall assess the revised draft performance plan referred to in paragraph 8 in accordance with the criteria and conditions set out in paragraph 3. where a revised draft performance plan meets those criteria and conditions , the agency acting as prb shall approve it. ### 9. the agency acting as prb shall assess the revised draft performance plan referred to in paragraph 8 in accordance with the criteria and conditions set out in paragraph 3. where a revised draft performance plan meets those criteria and conditions , the agency acting as prb shall notify the national supervisory authority.


### where a revised draft performance plan does not meet those criteria and conditions , the agency acting as prb shall deny its approval and shall require the designated air traffic service provider to present a final draft performance plan. ### where a revised draft performance plan does not meet those criteria and conditions , the agency acting as prb shall require the designated air traffic service provider to present a final draft performance plan.


### where the revised draft performance plan submitted in accordance with paragraph 8 is denied because it contains performance targets for en route air navigation services that are not consistent with the union-wide performance targets , the agency acting as prb shall establish performance targets in consistency with the union-wide performance targets for the designated air traffic service provider concerned , taking into account the findings made in the decision referred to in paragraph 7. the final draft performance plan to be presented by the designated air traffic service provider concerned shall include the performance targets thus established by the agency acting as prb , as well as the measures to achieve those targets. ### where the revised draft performance plan submitted in accordance with paragraph 8 contains performance targets for en route air navigation services that are not consistent with the union-wide performance targets , the agency acting as prb shall establish performance targets in consistency with the union-wide performance targets for the designated air traffic service provider concerned , taking into account the findings made in the decision referred to in paragraph 7. the final draft performance plan to be presented by the designated air traffic service provider concerned shall include the performance targets thus established by the national supervisory authority , as well as the measures to achieve those targets.


### where approval of the revised draft performance plan submitted in accordance with paragraph 8 is denied only because it does not comply with the conditions set out in the third subparagraph of paragraph 3 , the final draft performance plan to be presented by the designated air traffic service provider concerned shall include the performance targets contained in the draft performance plan and found to be consistent with the union-wide performance targets by the agency acting as prb , and shall contain the amendments necessary in view of the conditions the agency acting as prb has found not being met. ### where the assessment of the revised draft performance plan submitted in accordance with paragraph 8 is negative only because it does not comply with the conditions set out in the third subparagraph of paragraph 3 , the final draft performance plan to be presented by the designated air traffic service provider concerned shall include the performance targets contained in the draft performance plan and found to be consistent with the union-wide performance targets by the agency acting as prb , and shall contain the amendments necessary in view of the conditions the agency acting as prb has found not being met.


### where approval of the revised draft performance plan submitted in accordance with paragraph 8 is denied because it contains performance targets for en route air navigation services that are not consistent with the union-wide performance targets and because , in addition , it does not comply with the conditions set out in the third subparagraph of paragraph 3 , the final draft performance plan to be presented by the designated air traffic service provider concerned shall include the performance targets established by the agency acting as prb in accordance with the third subparagraph and the measures to achieve those targets and shall contain the amendments necessary in view of the conditions the agency acting as prb has found not being met. ### where the assessment of the revised draft performance plan submitted in accordance with paragraph 8 is negative because it contains performance targets for en route air navigation services that are not consistent with the union-wide performance targets and because , in addition , it does not comply with the conditions set out in the third subparagraph of paragraph 3 , the final draft performance plan to be presented by the designated air traffic service provider concerned shall include the performance targets established by the national supervisory authority in accordance with the third subparagraph and the measures to achieve those targets and shall contain the amendments necessary in view of the conditions the agency acting as prb has found not being met.


### 10. draft performance plans approved by the agency acting as prb shall be adopted by the designated air traffic service providers concerned as definitive plans , and shall be made publicly available. ### 10. draft performance plans approved by the national supervisory authority and assessed by the agency acting as prb shall be adopted by the designated air traffic service providers concerned as definitive plans , and shall be made publicly available.


### the designated air traffic service provider shall provide the information and data necessary for the monitoring of the performance of air navigation services. this shall include information and data related to actual costs and revenues. where performance targets are not reached or the performance plan is not correctly implemented , the agency acting as prb shall issue decisions requiring corrective measures to be implemented by the air traffic service providers. these corrective measures may include , where objectively necessary , a requirement for an air traffic service provider to delegate the provision of the relevant services to another air traffic service provider. where the performance targets continue to be missed , or where the performance plan continues to be incorrectly implemented or where corrective measures imposed are not or not properly applied , the agency acting as prb shall conduct an investigation and provide an opinion to the commission in accordance with article 24(2). the commission may take action in accordance with article 24(3). ### the designated air traffic service provider shall provide the information and data necessary for the monitoring of the performance of air navigation services. this shall include information and data related to actual costs and revenues. where performance targets are not reached or the performance plan is not correctly implemented , the agency acting as prb shall issue decisions requiring corrective measures , after consultation with the network manager , the member states and the operational stakeholders through the cooperative decision making (cdm) process. where the performance targets continue to be missed , or where the performance plan continues to be incorrectly implemented or where corrective measures imposed are not or not properly applied , the agency acting as prb shall conduct an investigation and provide an opinion to the commission in accordance with article 24(2).


### the designated air traffic service provider shall provide the information and data necessary for the monitoring of the performance of air navigation services. this shall include information and data related to actual costs and revenues. where performance targets are not reached or the performance plan is not correctly implemented , the agency acting as prb shall issue decisions requiring corrective measures to be implemented by the air traffic service providers. these corrective measures may include , where objectively necessary , a requirement for an air traffic service provider to delegate the provision of the relevant services to another air traffic service provider. where the performance targets continue to be missed , or where the performance plan continues to be incorrectly implemented or where corrective measures imposed are not or not properly applied , the agency acting as prb shall conduct an investigation and provide an opinion to the commission in accordance with article 24(2). the commission may take action in accordance with article 24(3). ### the designated air traffic service provider shall provide the information and data necessary for the monitoring of the performance of air navigation services. this shall include information and data related to actual costs and revenues. where performance targets are not reached or the performance plan is not correctly implemented , the agency acting as prb shall issue decisions requiring corrective measures including fines and periodic penalty payments , to be implemented by the air traffic service providers. these corrective measures may include , where objectively necessary , a requirement for an air traffic service provider to delegate the provision of the relevant services to another air traffic service provider. where the performance targets continue to be missed , or where the performance plan continues to be incorrectly implemented or where corrective measures imposed are not or not properly applied , the agency acting as prb shall conduct an investigation and provide an opinion to the commission in accordance with article 24(2). the commission may take action in accordance with article 24(3).


### performance plans and performance targets for terminal air navigation services of designated air traffic service providers ### performance plans and performance targets for terminal air navigation services


### the draft performance plans shall be adopted after the setting of union-wide performance targets and before the start of the reference period concerned. they shall contain performance targets for terminal air navigation services in the key performance areas of environment , capacity and cost-efficiency , consistent with the union-wide performance targets. those draft performance plans shall take account of the european atm master plan. the draft performance plans shall be made publicly available. ### the draft performance plans shall be adopted before the start of the reference period concerned. they shall contain performance targets for terminal air navigation services in the key performance areas of environment , capacity and cost-efficiency. those draft performance plans shall take account of the european atm master plan. the draft performance plans shall be made publicly available.


### 2. the draft performance plans for terminal air navigation services referred to in paragraph 1 shall include relevant information provided by the network manager. before adopting those draft plans , designated air traffic service providers shall consult airspace users’ representatives and , where relevant , military authorities , airport operators and airport coordinators. the designated air traffic service providers shall also submit those plans to the national competent authority responsible for their certification , which shall verify the compliance with regulation (eu) 2018/1139 and the delegated and implementing acts adopted on the basis thereof. ### 2. the draft performance plans for terminal air navigation services referred to in paragraph 1 shall include relevant information provided by the network manager. before adopting those draft plans , designated air traffic service providers shall consult airspace users’ representatives and , where relevant , military authorities , airport operators and airport coordinators. the designated air traffic service providers shall also submit those plans to the national supervisory authority.


### (2) the draft performance plans for terminal air navigation services referred to in paragraph 1 shall include relevant information provided by the network manager. before adopting those draft plans , designated air traffic service providers shall consult airspace users’ representatives and , where relevant , military authorities , airport operators and airport coordinators. the designated air traffic service providers shall also submit those plans to the national competent authority responsible for their certification , which shall verify the compliance with regulation (eu) 2018/1139 and the delegated and implementing acts adopted on the basis thereof. ### (2) the draft performance plans for terminal air navigation services referred to in paragraph 1 shall include relevant information provided by the network manager. before adopting those draft plans , designated air traffic service providers shall consult airspace users’ representatives , airport operators and airport coordinators. military bodies will also be consulted , where appropriate. the designated air traffic service providers shall also submit those plans to the national competent authority responsible for their certification , which shall verify the compliance with regulation (eu) 2018/1139 and the delegated and implementing acts adopted on the basis thereof.


### 3. draft performance plans for terminal air navigation services shall contain performance targets for terminal air navigation services that are consistent with the respective union-wide performance targets in all key performance areas and fulfil the additional conditions laid down in the third subparagraph. ### 3. draft performance plans for terminal air navigation services shall contain performance targets for terminal air navigation services.


### consistency of performance targets for terminal air navigation service with union-wide performance targets shall be established according to the following criteria: ### deleted


### consistency of performance targets for terminal air navigation service with union-wide performance targets shall be established according to the following criteria: ### consistency of performance targets for terminal air navigation service with union-wide performance targets shall be established according to at least one of the following criteria:


### where breakdown values have been established in conjunction with union-wide performance targets , comparison of the performance targets contained in the draft performance plan with those breakdown values; ### deleted


### comparison of the planned level of performance of the air traffic service provider concerned with other air traffic service providers being part of the same benchmark group. ### deleted


### in addition , the draft performance plan must comply with the following conditions: ### deleted


### where the national supervisory authority finds that one or several performance targets for terminal air navigation services are not consistent with the union-wide performance targets or the performance plan does not meet the additional conditions set out in paragraph 3 , it shall deny the approval. ### where the national supervisory authority finds that the performance plan does not meet the conditions set out in paragraph 3 , it shall deny the approval


### where the revised draft performance plan submitted in accordance with paragraph 7 is denied because it contains performance targets for terminal air navigation services that are not consistent with the union-wide performance targets , the national supervisory authority shall establish performance targets in consistency with the union-wide performance targets for the designated air traffic service provider concerned , taking into account the findings made in the decision referred to in paragraph 6. the final draft performance plan to be presented by the designated air traffic service provider concerned shall include the performance targets thus established by the national supervisory authority as well as the measures to achieve those targets. ### where the revised draft performance plan submitted in accordance with paragraph 7 is denied because it contains performance targets for terminal air navigation services that are not consistent with the conditions set out in paragraph 3 , the national supervisory authority shall establish performance targets for the designated air traffic service provider concerned , taking into account the findings made in the decision referred to in paragraph 6. the final draft performance plan to be presented by the designated air traffic service provider concerned shall include the performance targets thus established by the national supervisory authority as well as the measures to achieve those targets.


### where approval of the revised draft performance plan submitted in accordance with paragraph 7 is denied only because it does not comply with the conditions set out in the third subparagraph of paragraph 3 , the final draft performance plan to be presented by the designated air traffic service provider concerned shall include the performance targets contained in the draft performance plan and found to be consistent with the union-wide performance targets by the national supervisory authority , and shall contain the amendments necessary in view of the conditions the national supervisory authority has found not being met. ### deleted


### where approval of the revised draft performance plan submitted in accordance with paragraph 7 is denied because it contains performance targets for terminal air navigation services that are not consistent with the union-wide performance targets and because , in addition , it does not comply with the conditions set out in the third subparagraph of paragraph 3 , the final draft performance plan to be presented by the designated air traffic service provider concerned shall include the performance targets established by the national supervisory authority in accordance with the third subparagraph and the measures to achieve those targets and shall contain the amendments necessary in view of the conditions the national supervisory authority has found not being met. ### where approval of the revised draft performance plan submitted in accordance with paragraph 7 is denied because it contains performance targets for terminal air navigation services that are not consistent with the performance targets , the final draft performance plan to be presented by the designated air traffic service provider concerned shall include the performance targets established by the national supervisory authority in accordance with the third subparagraph and the measures to achieve those targets and shall contain the amendments necessary in view of the conditions the national supervisory authority has found not being met.


### where performance targets are not reached or the performance plan is not correctly implemented , the national supervisory authority shall issue decisions requiring corrective measures to be implemented by the air traffic service providers. these corrective measures may include , where objectively necessary , a requirement for an air traffic service provider to delegate the provision of the relevant services to another air traffic service provider. where the performance targets continue to be missed , or where the performance plan continues to be incorrectly implemented , or where corrective measures imposed are not or not properly applied , the national supervisory authority shall request the agency acting as prb to conduct an investigation in accordance with article 24(2) , and the commission may take action in accordance with article 24(3). ### where performance targets are not reached or the performance plan is not correctly implemented , the national supervisory authority shall issue decisions requiring corrective measures to be implemented by the air traffic service providers. where the performance targets continue to be missed , or where the performance plan continues to be incorrectly implemented , or where corrective measures imposed are not or not properly applied , the national supervisory authority may request the agency acting as prb to conduct an investigation in accordance with article 24(2) , and the commission may take action in accordance with article 24(3).


### where performance targets are not reached or the performance plan is not correctly implemented , the national supervisory authority shall issue decisions requiring corrective measures to be implemented by the air traffic service providers. these corrective measures may include , where objectively necessary , a requirement for an air traffic service provider to delegate the provision of the relevant services to another air traffic service provider. where the performance targets continue to be missed , or where the performance plan continues to be incorrectly implemented , or where corrective measures imposed are not or not properly applied , the national supervisory authority shall request the agency acting as prb to conduct an investigation in accordance with article 24(2) , and the commission may take action in accordance with article 24(3). ### where performance targets are not reached or the performance plan is not correctly implemented , the national supervisory authority shall issue decisions requiring corrective measures , including fines and periodic penalty payments to be implemented by the air traffic service providers. these corrective measures may include , where objectively necessary , a requirement for an air traffic service provider to delegate the provision of the relevant services to another air traffic service provider. where the performance targets continue to be missed , or where the performance plan continues to be incorrectly implemented , or where corrective measures imposed are not or not properly applied , the national supervisory authority shall request the agency acting as prb to conduct an investigation in accordance with article 24(2) , and the commission may take action in accordance with article 24(3).


### article 15 ### deleted


### 1. the agency acting as prb shall on a regular basis establish a union-wide overview of the performance of terminal air navigation services and of how it relates to union-wide performance targets. ### 1. . the agency acting as prb shall on a regular basis , once per year , establish a union-wide overview of the performance of terminal air navigation services and of how it relates to union-wide performance targets.


### 1. the network manager shall , for each reference period , draw up a draft network performance plan in respect of all the network functions which it delivers. ### 1. the network manager shall , for each reference period , draw up a draft network performance plan in respect of all the network functions which it supports and delivers.


### 1. the network manager shall , for each reference period , draw up a draft network performance plan in respect of all the network functions which it delivers. ### 1. the network manager shall , for each reference period , draw up a draft network performance plan in respect of all the network functions which it supports.


### 4. the agency acting as prb as regards en route air navigation services , or the national supervisory authority concerned as regards terminal air navigation services , shall authorise the designated air traffic service provider concerned to proceed with the intended revision only if it is necessary and proportionate , and where the revised performance targets ensure that consistency with the union-wide performance targets is maintained. where the revision has been authorised , designated air traffic service providers shall adopt new draft performance plans , in accordance with the procedures set out in articles 13 and 14. ### 4. the agency acting as prb as regards en route air navigation services , or the national supervisory authority concerned as regards terminal air navigation services , shall authorise the designated air traffic service provider concerned to proceed with the intended revision only if it is necessary and proportionate. where the revision has been authorised , designated air traffic service providers shall adopt new draft performance plans , in accordance with the procedures set out in articles 13 and 14.


### for the implementation of the performance scheme , the commission shall adopt detailed requirements and procedures in respect of articles 10(3) , 11 , 12 , 13 , 14 , 15 , 16 as well as 17 , in particular as regards the development of draft performance plans , the setting of performance targets , the criteria and conditions for their assessment , the methodology for allocation of costs between en route and terminal air navigation services , the monitoring of performance and issuance of corrective measures , and the timetables for all procedures. those requirements and procedures shall be set out in an implementing act adopted in accordance with the advisory procedure referred to in article 37(2). ### in order to ensure the uniform implementation of and compliance with the requirements referred to in articles 10 to 17 , the commission shall , with a view to achieving the objectives set out in article 1 , adopt , in accordance with the advisory procedure referred to in article 37(2) , implementing acts laying down detailed provisions concerning:


### for the implementation of the performance scheme , the commission shall adopt detailed requirements and procedures in respect of articles 10(3) , 11 , 12 , 13 , 14 , 15 , 16 as well as 17 , in particular as regards the development of draft performance plans , the setting of performance targets , the criteria and conditions for their assessment , the methodology for allocation of costs between en route and terminal air navigation services , the monitoring of performance and issuance of corrective measures , and the timetables for all procedures. those requirements and procedures shall be set out in an implementing act adopted in accordance with the advisory procedure referred to in article 37(2). ### for the implementation of the performance scheme , the commission shall adopt detailed requirements and procedures in respect of articles 10(3) , 11 , 12 , 13 , 14 , 15 , 16 as well as 17 , in particular as regards the development of draft performance plans , the setting of performance targets , the criteria and conditions for their assessment , the methodology for allocation of costs between en route and terminal air navigation services , the monitoring of performance and issuance of corrective measures , and the timetables for all procedures. those requirements and procedures shall be set out in an implementing act adopted in accordance with the examination procedure referred to in article 37(3).


### 1. without prejudice to the possibility for member states to finance the provision of air traffic services covered in this article through public funds , charges for air navigation services shall be determined , imposed and enforced on airspace users. ### 1. without prejudice to the possibility for member states to finance the provision of air traffic services covered in this article through public funds , charges for air navigation services shall be determined , imposed and enforced on airspace users. with respect to route charges , the charging scheme shall be consistent with the eurocontrol route charges system.


### 1. without prejudice to the possibility for member states to finance the provision of air traffic services covered in this article through public funds , charges for air navigation services shall be determined , imposed and enforced on airspace users. ### 1. without prejudice to the possibility for member states to finance the provision of air navigation services through public funds , in so far as it is in line with treaty rules on competition , charges for air navigation services shall be determined , imposed and enforced on airspace users.


### 5. revenues from charges imposed on airspace users in accordance with this article shall not be used to finance services which are provided under market conditions in accordance with article 8. ### 5. revenues received by an air traffic service provider from charges imposed on airspace users in accordance with this article shall not be used to finance services which that air traffic service provider may provide under market conditions in accordance with article 8 or any other commercial activity performed by that provider.


### 6. financial data on determined costs , actual costs and revenues of designated air traffic service providers shall be reported to national supervisory authorities and the agency acting as prb and shall be made publicly available. ### 6. financial data on determined costs , actual costs and revenues of designated air traffic service providers shall be reported to national supervisory authorities , eurocontrol and the agency acting as prb and shall be made publicly available.


### costs incurred by the air traffic service providers for fees and charges paid to the agency acting as prb; ### deleted


### costs or parts thereof incurred by the air traffic service providers , in relation to their oversight and certification by national supervisory authorities , unless other financial resources are used by member states to cover such costs; ### costs or parts thereof incurred by the air traffic service providers , in relation to their oversight and certification by national competent authority and national supervisory authorities , unless other financial resources are used by member states to cover such costs;


### 6. designated air traffic service providers shall provide details of their cost base to the agency acting as prb , the national supervisory authorities , and the commission. to this end , costs shall be broken down in line with the separation of accounts referred to in article 25(3) , and by distinguishing staff costs , operating costs other than staff costs , depreciation costs , cost of capital , costs incurred for fees and charges paid to the agency acting as prb , and exceptional costs. ### 6. designated air traffic service providers shall provide details of their cost base to the agency acting as prb , the national supervisory authorities , and the commission. to this end , costs shall be broken down in line with the separation of accounts referred to in article 25(3) , and by distinguishing staff costs , operating costs other than staff costs , depreciation costs , cost of capital , costs incurred for fees and charges paid to the agency , fees and charges paid to the agency acting as prb , costs incurred for fees and charges paid to national supervisory authorities and national competent authorities and exceptional costs.


### 6. designated air traffic service providers shall provide details of their cost base to the agency acting as prb , the national supervisory authorities , and the commission. to this end , costs shall be broken down in line with the separation of accounts referred to in article 25(3) , and by distinguishing staff costs , operating costs other than staff costs , depreciation costs , cost of capital , costs incurred for fees and charges paid to the agency acting as prb , and exceptional costs. ### 6. designated air traffic service providers shall provide details of their cost base to the agency acting as prb , the national supervisory authorities , eurocontrol and the commission. to this end , costs shall be broken down in line with the separation of accounts referred to in article 25(3) , and by distinguishing staff costs , operating costs other than staff costs , depreciation costs , cost of capital , costs incurred for fees and charges paid to the agency acting as prb , and exceptional costs.


### 2. unit rates shall be set by the national supervisory authorities , after verification by the agency acting as prb that they comply with article 19 , article 20 and with this article. where the agency acting as prb finds that a unit rate does not fulfill those requirements , the unit rate shall be reviewed accordingly by the national supervisory authority concerned. where a unit rate continues to not fulfill those requirements , the agency acting as prb shall conduct an investigation and provide an opinion to the commission in accordance with article 24(2) , and the commission may take action in accordance with article 24(3). ### 2. unit rates shall be set by the national supervisory authorities , after verification by the agency acting as prb that they comply with article 19 , article 20 and with this article.


### for charging purposes , and when congestion causes significant network problems including deterioration of environmental performance , the commission may define , by way of an implementing regulation adopted in accordance with the examination procedure referred to in article 37(3) , a common unit rate for en route air navigation services across the single european sky airspace , and detailed rules and procedures for its application. the common unit rate referred to in the first subparagraph shall be calculated on the basis of a weighted average of the different unit rates of the air navigation service providers concerned. the proceeds of the common unit rate shall be reallocated so as to achieve revenue neutrality for those air traffic service providers concerned. ### for charging purposes , and when congestion causes significant network problems including deterioration of environmental performance , the commission may define , by way of an implementing regulation adopted in accordance with the examination procedure referred to in article 37(3) , a common unit rate for en route air navigation services across the single european sky airspace , and detailed rules and procedures for its application. the proceeds of the common unit rate shall be reallocated so as to achieve revenue neutrality for those air traffic service providers concerned.


### 1. charges shall be levied on airspace users for the provision of air navigation services , under non-discriminatory conditions , taking into account the relative productive capacities of the different aircraft types concerned. when imposing charges on different airspace users for the use of the same service , no distinction shall be made in relation to the nationality or category of the user. ### 1. charges may be levied on airspace users for the provision of air navigation services; if levied , this shall be under non-discriminatory conditions , taking into account the relative productive capacities of the different aircraft types concerned. when imposing charges on different airspace users for the use of the same service , no distinction shall be made in relation to the nationality or category of the user.


### 2. the charge for en route air navigation services for a given flight in a given en route charging zone shall be calculated on the basis of the unit rate established for that en route charging zone and the en route service units for that flight. the charge shall be made out of one or more variable components , each based on objective factors. ### 2. the charge for en route air navigation services for a given flight in a given en route charging zone shall be calculated on the basis of the unit rate established for that en route charging zone and the en route service units for that flight.


### 2. the charge for en route air navigation services for a given flight in a given en route charging zone shall be calculated on the basis of the unit rate established for that en route charging zone and the en route service units for that flight. the charge shall be made out of one or more variable components , each based on objective factors. ### 2. the charge for en route air navigation services for a given flight in a given en route charging zone shall be calculated on the basis of the unit rate established for that en route charging zone and the en route service units for that flight. the charge shall be made out of components based on objective factors.


### 3. the charge for terminal air navigation services for a given flight in a given terminal charging zone shall be calculated on the basis of the unit rate established for that terminal charging zone and the terminal service units for that flight. for the purpose of calculating the charge for terminal air navigation services , the approach and departure of a flight shall count as a single flight. the charge shall be made out of one or more variable components , each based on objective factors. ### 3. the charge for terminal air navigation services for a given flight in a given terminal charging zone shall be calculated on the basis of the unit rate established for that terminal charging zone and the terminal service units for that flight. for the purpose of calculating the charge for terminal air navigation services , the approach and departure of a flight shall count as a single flight.


### 3. the charge for terminal air navigation services for a given flight in a given terminal charging zone shall be calculated on the basis of the unit rate established for that terminal charging zone and the terminal service units for that flight. for the purpose of calculating the charge for terminal air navigation services , the approach and departure of a flight shall count as a single flight. the charge shall be made out of one or more variable components , each based on objective factors. ### 3. the charge for terminal air navigation services for a given flight in a given terminal charging zone shall be calculated on the basis of the unit rate established for that terminal charging zone and the terminal service units for that flight. for the purpose of calculating the charge for terminal air navigation services , the approach and departure of a flight shall count as a single flight. the charge shall be made out of components based on objective factors.


### (5) charges shall be modulated to encourage air navigation service providers , airports and airspace users to support improvements in environmental performance , or service quality such as increased use of sustainable alternative fuels , increased capacity , reduced delays and sustainable development , while maintaining an optimum safety level , in particular for implementing the european atm master plan. the modulation shall consist of financial advantages or disadvantages and shall be revenue neutral for air traffic service providers. ### deleted


### 5. charges shall be modulated to encourage air navigation service providers , airports and airspace users to support improvements in environmental performance , or service quality such as increased use of sustainable alternative fuels , increased capacity , reduced delays and sustainable development , while maintaining an optimum safety level , in particular for implementing the european atm master plan. the modulation shall consist of financial advantages or disadvantages and shall be revenue neutral for air traffic service providers. ### 5. . charges shall be modulated to encourage airspace users to support improvements in environmental performance and sustainable development , to support improvements in service quality such as those leading to reduced delays or to support the implementation of the european atm master plan , while maintaining an optimum safety level. the modulation shall consist of financial advantages and shall be revenue neutral for air traffic service providers


### 5. charges shall be modulated to encourage air navigation service providers , airports and airspace users to support improvements in environmental performance , or service quality such as increased use of sustainable alternative fuels , increased capacity , reduced delays and sustainable development , while maintaining an optimum safety level , in particular for implementing the european atm master plan. the modulation shall consist of financial advantages or disadvantages and shall be revenue neutral for air traffic service providers. ### 5. charges may be modulated to encourage air navigation service providers , airports and airspace users to support improvements in environmental performance , or service quality such as increased use of sustainable alternative fuels , increased capacity , reduced delays and sustainable development , while maintaining an optimum safety level , in particular for implementing the european atm master plan. the modulation shall consist of financial advantages or disadvantages and shall be revenue neutral for air traffic service providers.


### for the implementation of the charging scheme , the commission shall adopt detailed requirements and procedures in respect of articles 19 , 20 , 21 and 22 in particular regarding the cost bases and determined costs , the setting of unit rates , the incentives schemes and risk sharing mechanisms and the modulation of charges. those requirements and procedures shall be set out in an implementing act adopted in accordance with the advisory procedure referred to in article 37(2). ### in order to ensure the uniform implementation of and compliance with the requirements referred to in articles 19 to 22 , the commission shall , with a view to achieving the objectives set out in article 1 , adopt , in accordance with the advisory procedure referred to in article 37(2) , implementing acts laying down detailed provisions concerning: a) the rules and procedures for the setting of determined cost and cost bases as referred to in articles 19 and 20; b) the rules and procedures for setting the unit rate as referred to in article 21 c) the rules and procedures for the establishment of charges including modulation of charges.


### for the implementation of the charging scheme , the commission shall adopt detailed requirements and procedures in respect of articles 19 , 20 , 21 and 22 in particular regarding the cost bases and determined costs , the setting of unit rates , the incentives schemes and risk sharing mechanisms and the modulation of charges. those requirements and procedures shall be set out in an implementing act adopted in accordance with the advisory procedure referred to in article 37(2). ### for the implementation of the charging scheme , the commission may adopt detailed requirements and procedures in respect of articles 19 , 20 , 21 and 22 in particular regarding the cost bases and determined costs , the setting of unit rates , the incentives schemes and risk sharing mechanisms and the modulation of charges. those requirements and procedures shall be set out in an implementing act adopted in accordance with the advisory procedure referred to in article 37(2).


### for the implementation of the charging scheme , the commission shall adopt detailed requirements and procedures in respect of articles 19 , 20 , 21 and 22 in particular regarding the cost bases and determined costs , the setting of unit rates , the incentives schemes and risk sharing mechanisms and the modulation of charges. those requirements and procedures shall be set out in an implementing act adopted in accordance with the advisory procedure referred to in article 37(2). ### for the implementation of the charging scheme , the commission shall adopt detailed requirements and procedures in respect of articles 19 , 20 , 21 and 22 in particular regarding the cost bases and determined costs , the setting of unit rates , the incentives schemes and risk sharing mechanisms and the modulation of charges. those requirements and procedures shall be set out in a delegated act adopted in accordance with the advisory procedure referred to in article 37(2).


### 2. at the request of one or more member states , of a national supervisory authority or of the commission , the agency acting as prb shall carry out an investigation into any allegation of non-compliance as referred to in paragraph 1. where it has indications of such non-compliance , the agency acting as prb may initiate an investigation on its own initiative. it shall conclude the investigation within four months of receipt of a request , after having heard the member state , the national supervisory authority concerned and the designated air traffic service provider concerned. without prejudice to article 41(1) , the agency acting as prb shall share the results of the investigation with the member states concerned , the air traffic service providers concerned and the commission. ### 2. at the request of one or more member states , of a national supervisory authority or of the commission , the agency acting as prb shall carry out an investigation into any allegation of non-compliance as referred to in paragraph 1. where it has indications of such non-compliance , the agency acting as prb may initiate an investigation on its own initiative. it shall conclude the investigation within four months of receipt of a request , after having heard the member state , the national supervisory authority concerned and the designated air traffic service provider concerned. without prejudice to article 41(1) , the agency acting as prb shall share the results of the investigation with the member states concerned , the air traffic service providers concerned and the commission. results of the investigation may be subject to appeal.


### it provides air navigation services and carries out other activities , of whatever kind , including common information services; ### it provides air navigation services and carries out other activities , of whatever kind , including uavis;


### the determined costs , actual costs and revenues deriving from air navigation services shall be broken down into staff costs , operating costs other than staff costs , depreciation costs , cost of capital , costs incurred for fees and charges paid to agency acting as prb , and exceptional costs and they shall be made publicly available , subject to the protection of confidential information. ### deleted


### the determined costs , actual costs and revenues deriving from air navigation services shall be broken down into staff costs , operating costs other than staff costs , depreciation costs , cost of capital , costs incurred for fees and charges paid to agency acting as prb , and exceptional costs and they shall be made publicly available , subject to the protection of confidential information. ### the determined costs , actual costs and revenues deriving from air navigation services shall be broken down into staff costs , operating costs other than staff costs , depreciation costs , cost of capital , costs incurred for fees and charges paid to the national supervisory authority , the national competent authority , the agency and the agency acting as prb , and exceptional costs and they shall be made publicly available , subject to the protection of confidential information.


### 1. the air traffic management network functions shall ensure the sustainable and efficient use of the airspace and of scarce resources. they shall also ensure that airspace users can operate environmentally optimal trajectories , while allowing maximum access to airspace and air navigation services. those network functions , enumerated in paragraphs 2 and 3 , shall support the achievement of the union-wide performance targets and shall be based on operational requirements . ### 1. the air traffic management network functions shall aim at ensuring the sustainable and efficient use of the airspace and of scarce resources. they shall also ensure that airspace users can operate environmentally optimised trajectories , while allowing maximum access to airspace and air navigation services and avoiding congestion. those network functions , enumerated in paragraphs 2 and 3 , shall support the achievement of the union-wide performance targets and shall be based on operational requirements , respecting the separation of regulatory and operational tasks , without prejudice to member states’ sovereignty over their airspace and to their responsibilities relating to public order , security and defence.


### (1) the air traffic management network functions shall ensure the sustainable and efficient use of the airspace and of scarce resources. they shall also ensure that airspace users can operate environmentally optimal trajectories , while allowing maximum access to airspace and air navigation services. those network functions , enumerated in paragraphs 2 and 3 , shall support the achievement of the union-wide performance targets and shall be based on operational requirements. ### (1) the air traffic management network functions shall ensure the sustainable and efficient use of the airspace and of scarce resources. they shall also ensure that airspace users can operate environmentally optimal trajectories , while allowing maximum access to airspace and air navigation services. those network functions enumerated in paragraphs 2 and 3 shall support the achievement of the union-wide performance targets , be based on operational requirements and take sufficient account of national initiatives.


### the design and management of the european airspace structures ; ### the facilitation of the development of the design and management of the european airspace structures;


### air traffic flow management; ### the coordination of air traffic flow management;


### optimisation of airspace design for the network and facilitation of delegation of air traffic services provision through co-operation with the air traffic service providers and member state authorities; ### facilitation of delegation of air traffic services provision , where decided by the member states concerned , and support to the optimisation of airspace design for the network through co-operation with the air traffic service providers and member state authorities;


### management of the delivery of air traffic control capacity in the network as set out in the binding network operations plan (nop); ### facilitation of the delivery of air traffic control capacity in the network as set out in the network operations plan (nop) adopted in accordance with the article 27(7);


### the management of the planning , monitoring and coordination of implementation activities of the deployment of infrastructure in the european atm network , in accordance with the european atm master plan , taking into account operational needs and associated operational procedures; ### support to the planning , and coordination of implementation activities of the deployment of infrastructure in the european atm network , in accordance with the european atm master plan , through a partnership with the operational stakeholders and taking into account military and operational needs and associated operational procedures;


### 4. the functions listed in paragraphs 2 and 3 shall not involve the adoption of binding measures of a general scope or the exercise of political discretion. they shall be performed in coordination with military authorities in accordance with agreed procedures concerning the flexible use of airspace. ### 4. the functions listed in paragraphs 2 and 3 shall not involve the adoption of binding measures of a general scope or the exercise of political discretion. they shall be performed in coordination with civil and military authorities in accordance with agreed procedures concerning the flexible use of airspace.


### 1. in order to achieve the objectives referred to in article 26 , the commission , supported by the agency where relevant , shall ensure that the network manager contributes to the execution of the network functions set out in article 26 , by carrying out the tasks referred to in paragraph 4 . ### 1. in order to achieve the objectives referred to in article 26 , the commission , supported by the agency in accordance with regulation (eu) 2018/1139 , shall ensure that the network manager contributes to the execution of the network functions set out in article 26 , by carrying out the tasks referred to in paragraph 4 .


### 2. the commission may appoint an impartial and competent body to carry out the tasks of the network manager . to this end , the commission shall adopt an implementing act in accordance with the examination procedure referred to in article 37(3). this appointment decision shall include the terms and conditions of the appointment , including the financing of the network manager. ### 2. the commission shall , appoint an independent , impartial and competent body , to carry out the tasks of the network manager. the appointment decision shall include the terms and conditions of the appointment , including the financing of the network manager. to this end , the commission shall adopt an implementing act in accordance with the examination procedure referred to in article 37(3) concerning:


### 2. the commission may appoint an impartial and competent body to carry out the tasks of the network manager . to this end , the commission shall adopt an implementing act in accordance with the examination procedure referred to in article 37(3). this appointment decision shall include the terms and conditions of the appointment , including the financing of the network manager. ### 2. the commission shall appoint an impartial and competent body to carry out the tasks of the network manager. to this end , the commission shall adopt an implementing act in accordance with the examination procedure referred to in article 37(3). this appointment decision shall include the terms and conditions of the appointment , including the financing of the network manager.


### (3) the tasks of the network manager shall be executed in an independent , impartial and cost efficient manner. they shall be subject to appropriate governance , which shall recognise separate accountabilities for service provision and regulation where the competent body designated as the network manager also has regulatory functions. in the execution of its tasks , the network manager shall take into consideration the needs of the whole atm network and shall fully involve the airspace users , air navigation service providers , aerodrome operators and the military. ### (3) the tasks of the network manager shall be executed in an independent , impartial and cost efficient manner. they shall be subject to appropriate governance , which shall recognise separate accountabilities for service provision and regulation where the competent body designated as the network manager also has regulatory functions. in the execution of its tasks , the network manager shall take into consideration the needs of the whole atm network and shall fully involve the airspace users , air navigation service providers , aerodrome operators and the military not only through consultation but also in the establishment of performance targets , basic decision-making and delimitation of decision-making sovereignty. the respective operational and liability responsibilities are necessarily included in the decision-making process. the participation and initiative rights of stakeholders represented in the industry consultation committee (icb) thus far will be preserved.


### 3. the tasks of the network manager shall be executed in an independent , impartial and cost efficient manner . they shall be subject to appropriate governance , which shall recognise separate accountabilities for service provision and regulation where the competent body designated as the network manager also has regulatory functions. in the execution of its tasks , the network manager shall take into consideration the needs of the whole atm network and shall fully involve the airspace users , air navigation service providers , aerodrome operators and the military. ### 3. the tasks of the network manager shall be executed in an independent , impartial and cost efficient manner. they shall be subject to appropriate governance , which shall recognise separate accountabilities for service provision and any other activity performed by the network manager. in the execution of its tasks , the network manager shall take into consideration the needs of the whole atm network and shall fully involve the airspace users , air navigation service providers , aerodrome operators and the military.


### (4) the network manager shall contribute to the execution of the network functions through support measures aimed at safe and efficient planning and operations of the network under normal and crisis conditions and through measures aimed at the continuous improvement of network operations in the single european sky and the overall performance of the network , especially regarding the implementation of the performance scheme. the action taken by the network manager shall take account of the need to fully integrate the airports in the network. ### (4) the network manager shall contribute to the execution of the network functions through support measures aimed at safe and efficient planning and operations of the network under normal and crisis conditions and through measures aimed at the continuous improvement of network operations in the single european sky and the overall performance of the network , especially regarding the implementation of the performance scheme. the action taken by the network manager shall take account of the need to fully integrate the airports in the network in order to ensure that there are no negative constraints in the local area and to ensure compliance with the respective local performance plans and performance targets.


### 4. the network manager shall contribute to the execution of the network functions through support measures aimed at safe and efficient planning and operations of the network under normal and crisis conditions and through measures aimed at the continuous improvement of network operations in the single european sky and the overall performance of the network , especially regarding the implementation of the performance scheme. the action taken by the network manager shall take account of the need to fully integrate the airports in the network. ### 4. the network manager shall contribute to the execution of the network functions through support measures aimed at safe and efficient planning and operations of the network under normal and network crisis conditions and through measures aimed at the continuous improvement of network operations in the single european sky and the overall performance of the network , especially regarding the implementation of the performance scheme. the action taken by the network manager shall take account of the need to fully integrate the airports in the network.


### 5. the network manager shall cooperate closely with the agency acting as prb in order to ensure that the performance targets referred to in article 10 are adequately reflected in the capacity to be delivered by individual air navigation service providers and agreed between the network manager and those air navigation service providers in the network operations plan. ### 5. the network manager shall cooperate closely with the agency acting as prb in order to ensure that the performance targets referred to in article 10 are adequately reflected in the capacity to be delivered by individual air traffic service providers and agreed between the network manager and those air traffic service providers in the network operations plan.


### 6. the network manager shall: ### 6. the network manager , in coordination with the operational stakeholders that contribute to the network operations plan through the appropriate cdm , shall:


### decide on individual measures to implement the network functions and to support the effective implementation of the binding network operations plan and the achievement of the binding performance targets; ### decide on remedial measures to support the implementation of the network functions and to support the effective implementation of the network operations plan and the achievement of the breakdown values;


### (7) the network manager shall take decisions through a cooperative decision-making process. parties to the cooperative decision-making process shall act to the maximum extent possible with a view to improving the functioning and performance of the network. the cooperative decision-making process shall promote the interest of the network. ### (7) the network manager shall take decisions through a cooperative decision-making process and in accordance with article 18(3) of chapter iii of implementing regulation (eu) 2019/123. parties to the cooperative decision-making process shall act to the maximum extent possible with a view to improving the functioning and performance of the network. the cooperative decision-making process shall promote the interests of the network whilst ensuring a fair , balanced and non-discriminatory approach to airport terminal performance requirements and plans.


### 7. the network manager shall take decisions through a cooperative decision-making process. parties to the cooperative decision-making process shall act to the maximum extent possible with a view to improving the functioning and performance of the network. the cooperative decision-making process shall promote the interest of the network. ### 7. the network manager shall take decisions through a cooperative decision-making process. parties to the cooperative decision-making process shall act to the maximum extent possible with a view to improving the functioning and performance of the network. the cooperative decision-making process shall promote the interest of the network , taking into account the essential security interests of the member states and their competence to ensure national security.


### 7. the network manager shall take decisions through a cooperative decision-making process. parties to the cooperative decision-making process shall act to the maximum extent possible with a view to improving the functioning and performance of the network. the cooperative decision-making process shall promote the interest of the network. ### 7. the network manager shall take decisions through a cooperative decision-making process. parties to the cooperative decision-making process shall act to the maximum extent possible with a view to improving the functioning and performance of the network. the cooperative decision-making process shall promote the interest of the network , while seeking consensus of member states.


### the air traffic service providers shall establish consultation mechanisms to consult the relevant airspace users and aerodrome operators on all major issues related to services provided , including relevant changes to airspace configurations , or strategic investments which have a relevant impact on air traffic management and air navigation service provision and/or charges. the airspace users shall also be involved in the process of approving strategic investment plans. the commission shall adopt measures detailing the modalities of the consultation and of the involvement of airspace users in approving investment plans. those implementing acts shall be adopted in accordance with the examination procedure referred to in article 37 (3). ### the air traffic service providers shall establish consultation mechanisms to consult the relevant airspace users and aerodrome operators on all major issues related to services provided , including relevant changes to airspace configurations , or strategic investments which have a relevant impact on air traffic management and air navigation service provision and/or charges.


### the air traffic service providers shall establish consultation mechanisms to consult the relevant airspace users and aerodrome operators on all major issues related to services provided , including relevant changes to airspace configurations , or strategic investments which have a relevant impact on air traffic management and air navigation service provision and/or charges. the airspace users shall also be involved in the process of approving strategic investment plans. the commission shall adopt measures detailing the modalities of the consultation and of the involvement of airspace users in approving investment plans. those implementing acts shall be adopted in accordance with the examination procedure referred to in article 37 (3). ### the air traffic service providers shall establish consultation mechanisms to consult the relevant airspace users and aerodrome operators on all major issues related to services provided , including relevant changes to airspace configurations , or strategic investments which have a relevant impact on air traffic management and air navigation service provision and/or charges. the airspace users shall also be involved in the process of approving strategic investment plans , especially as regards aspects requiring synchronisation between air and ground equipment deployment. the commission shall adopt measures detailing the modalities of the consultation and of the involvement of airspace users , agency acting as prb and network manager in drafting and approving investment plans to ensuring in particular their consistency with the atm master plan and common projects as referred to in article 35. those implementing acts shall be adopted in accordance with the examination procedure referred to in article 37 (3).


### the air traffic service providers shall establish consultation mechanisms to consult the relevant airspace users and aerodrome operators on all major issues related to services provided , including relevant changes to airspace configurations , or strategic investments which have a relevant impact on air traffic management and air navigation service provision and/or charges. the airspace users shall also be involved in the process of approving strategic investment plans. the commission shall adopt measures detailing the modalities of the consultation and of the involvement of airspace users in approving investment plans. those implementing acts shall be adopted in accordance with the examination procedure referred to in article 37(3). ### the air traffic service providers shall establish consultation mechanisms to consult the relevant airspace users and aerodrome operators on all major issues related to services provided , including relevant changes to airspace configurations , or strategic investments which have a relevant impact on air traffic management and air navigation service provision and/or charges. the stakeholders involved in the consultation and decision-making process shall be involved in the approval of strategic investment plans and in the development of a national airspace strategy. the commission shall adopt measures detailing the modalities of the consultation and of the involvement of stakeholders in approving investment plans. those implementing acts shall be adopted in accordance with the examination procedure referred to in article 37(3).


### member states shall , within the context of the common transport policy , ensure that written agreements between the competent civil and military authorities or equivalent legal arrangements are established or renewed in respect of the management of specific airspace blocks and notify the commission thereof. ### member states shall , within the context of the common transport policy , ensure that written agreements between the competent civil and military authorities or equivalent legal arrangements are established or renewed in respect of the management of specific airspace blocks and notify the commission thereof. the commission shall adopt provisions for implementation pursuant to the procedure set out in article 37(3) of this regulation in order to promote cooperation between the civilian and the military sectors (flexible use of airspace).


### (1) with regard to general air traffic , relevant operational data shall be made available in real-time , on a non-discriminatory basis and without prejudice to security or defence policy interests , by all air navigation service providers , airspace users , airports , and the network manager , including on cross-border basis and on a union-wide basis. such availability shall be to the benefit of certified or declared air traffic service providers , entities having a proven interest in considering the provision of air navigation services , airspace users and airports as well as the network manager. the data shall be used only for operational purposes. ### (1) with regard to general air traffic , relevant operational data shall be made available in real-time , on a non-discriminatory basis and without prejudice to security or defence policy interests , by all air navigation service providers , airspace users , airports , and the network manager , including on cross-border basis and on a union-wide basis , to the extent that these are required for process control by the stakeholders involved. such availability shall be to the benefit of certified or declared air traffic service providers , entities having a proven interest in considering the provision of air navigation services , airspace users and airports as well as the network manager. the data shall be used only for operational purposes. data provider , data receiver , type of data and the purpose of its provision need to be clearly defined in order to ensure data consistency and technical , operational and economic feasibility.


### 1. with regard to general air traffic , relevant operational data shall be made available in real-time , on a non-discriminatory basis and without prejudice to security or defence policy interests , by all air navigation service providers , airspace users , airports , and the network manager , including on cross-border basis and on a union-wide basis. such availability shall be to the benefit of certified or declared air traffic service providers , entities having a proven interest in considering the provision of air navigation services , airspace users and airports as well as the network manager. the data shall be used only for operational purposes. ### 1. . with regard to general air traffic , relevant operational data shall be made available in real-time , on a non-discriminatory basis and without prejudice to security or defence policy interests , by all air navigation service providers , airspace users , airports , and the network manager , including on cross-border basis and on a union-wide basis. such availability shall be to the benefit of certified or declared air navigation service providers , airspace users and airports as well as the network manager. the data shall be used only for operational purposes.


### 1. with regard to general air traffic , relevant operational data shall be made available in real-time , on a non-discriminatory basis and without prejudice to security or defence policy interests , by all air navigation service providers , airspace users , airports , and the network manager , including on cross-border basis and on a union-wide basis. such availability shall be to the benefit of certified or declared air traffic service providers , entities having a proven interest in considering the provision of air navigation services , airspace users and airports as well as the network manager. the data shall be used only for operational purposes. ### 1. with regard to general air traffic , relevant operational data shall be made available in real-time , on a non-discriminatory basis and without prejudice to security or defence policy interests , by all air navigation service providers , airspace users , airports , and the network manager , including on cross-border basis and on a union-wide basis. such availability shall be to the benefit of certified or declared air navigation service providers , military air traffic service providers , entities having a proven interest in considering the provision of air navigation services , airspace users and airports as well as the network manager. the data shall be used only for operational purposes.


### 1. taking into account the organisation of military aspects under their responsibility , member states shall ensure the application within the single european sky of the concept of the flexible use of airspace as described by icao and as developed by eurocontrol , in order to facilitate airspace management and air traffic management in the context of the common transport policy and in consistency with the european atm master plan . ### 1. taking into account the organisation of military aspects under their responsibility , member states shall ensure the application within the single european sky of the concept of the flexible use of airspace as described by icao and as developed by eurocontrol , in order to facilitate airspace management and air traffic management in the context of the common transport policy.


### 1. taking into account the organisation of military aspects under their responsibility , member states shall ensure the application within the single european sky of the concept of the flexible use of airspace as described by icao and as developed by eurocontrol , in order to facilitate airspace management and air traffic management in the context of the common transport policy and in consistency with the european atm master plan . ### 1. taking into account the organisation of military aspects under their responsibility , member states shall ensure the application within the single european sky of the concept of the flexible use of airspace as described by icao and as provided by union law , in order to facilitate airspace management and air traffic management in the context of the common transport policy and in consistency with the european atm master plan.