### 10. deplores the fact that the eu budget contains no appropriations for the atlantic action plan; ### 10. deplores the fact that the eu budget contains no appropriations for the atlantic action plan and advocates then that the existing funding opportunities in the framework of 2021-2027 mff. such as interreg , the european regional development fund , connecting europe facility and horizon europe , promote calls for projects to deal with the multidimensional challenges and opportunities of the atlantic region;


### 11. stresses that greater synergies are needed to support a sustainable , robust and competitive blue economy in the atlantic region; ### 11. stresses that greater synergies are needed to support a sustainable , robust and competitive blue economy in the atlantic region; highlights the importance of dedicated erdf/interreg programmes especially aimed at climate mitigation and adaptation , and at the assessment and prevention of hydrogeological risks in coastal areas and wetlands;


### 12. calls for the development of enhanced prevention and risk-management capabilities to deal with accidents on land and at sea and natural disasters , the establishment of a common system for preventing and combating oil spills and the designation of large protected maritime areas , and emphasises the importance of protecting all marine species; ### 12. calls for the development of enhanced prevention and risk-management capabilities to deal with accidents on land and at sea and natural disasters , the establishment of a common system for preventing and combating oil spills and the designation of large protected maritime areas , and emphasises the importance of protecting all marine species; calls on the commission to work closely with the european maritime safety agency (emsa) to support member states in mitigating shipping-related environmental risks and in improving the overall sustainability and safety of the maritime sector;


### 13. stresses the importance of ending the atlantic regions’ isolation , linking up transport , energy and information networks , and developing rural and urban areas; ### 13. stresses the importance of ending the atlantic regions’ isolation , linking up transport , energy and information networks , and developing rural and urban areas; highlights also in this regard the geostrategic position of the outermost regions and the importance that they have in the implementation of this strategy;


### 14. underscores the importance of fisheries and warns against the harmful long-term effects of overfishing; ### 14. regrets the fact that the the strategy makes no mention of fisheries and aquaculture; underscores the importance of sustainable fisheries and warns against the harmful long-term effects of overfishing;


### 15. stresses the need to develop high-quality , sustainable tourism; ### 15. stresses the need to develop high-quality , sustainable tourism; calls on the commission and the member states to develop new forms of maritime and coastal tourism to preserve marine and coastal habitats; highlights the importance of the circular economy in the tourism sector , which should be the guiding principle alongside zero pollution , energy efficiency and biodiversity preservation , also in order to to develop more sustainable practices that benefit local development and local employment all over the year;


### 16. hopes that the strategy will encourage joint planning and development of the sectors of the blue economy in the atlantic area , with environmental and climate policies as central pillars , thus contributing towards the achievement of the union's decarbonisation objectives and promoting renewable offshore power generation technologies; ### 16. hopes that the strategy will encourage joint planning and development of the sectors of the blue economy in the atlantic area following the best practices of collaborative , inclusive and cross-sectoral maritime spatial planning , with environmental , biodiversity and climate concerns at its core , thus contributing towards the achievement of the union's climate and energy objectives; in this context , considers the promotion of renewable offshore power capacity as an important element;


### 17. advocates the development of an industrial strategy with a strong maritime component at atlantic level and hopes that the strategy will provide impetus for the development of flagship industries; ### 17. advocates the development of a sustainable industrial strategy with a strong maritime component at atlantic level and hopes that the strategy will provide impetus for the development of flagship industries;


### 18. calls for innovation to be fostered in the atlantic maritime sectors , in and around ports , all along the atlantic shoreline and in the maritime territories; ### 18. calls for innovation to be fostered in the atlantic maritime sectors , in and around ports , all along the atlantic shoreline and in the maritime territories; regrets that the action plan 2.0 and its pillars make no mention of the implementation of the ecosystem approach to marine management as required by the marine strategy framework directive1a and that it should apply to all activities that are part of the blue economy;


### 19. welcomes the initiatives to speed up adaptation to climate change , not least the atlantic skills alliance; ### 19. welcomes the initiatives to speed up adaptation to climate change , not least the atlantic skills alliance; stresses the importance of cooperation among atlantic coastal states on research and development in emerging areas of renewable energy such as wave , tidal and floating offshore wind energy;


### 20. calls for the strategy to focus squarely on jobs; wishes to see an ambitious social component to promote job creation and , in particular , training for and access to maritime professions for young people; ### 20. calls for the strategy to focus squarely on the creation of quality jobs; wishes to see an ambitious social component to promote job creation and , in particular , training for and access to maritime professions for young people; stresses that specific education and training on blue economy , including through esf+ , would contribute to raising awareness of marine ecosystems and of the need to protecting them by tackling the problem of marine litter;


### 22. calls for steps to be taken to eliminate rail bottlenecks , draw up plans for multimodal transfer to sustainable modes of transport , support the development of the atlantic rail motorway , enhance rail-port connections and link the major ten-t corridors with the other atlantic arc lines; ### 22. calls for steps to be taken to eliminate rail bottlenecks , draw up plans for multimodal transfer to sustainable modes of transport , support the development of the atlantic rail motorway , enhance rail-port connections and link the major ten-t corridors with the other atlantic arc lines , taking into account the objectives of the european green deal and of the eu biodiversity strategy;


### 30. calls for an increase in the number of specific calls for projects as part of the atlantic strategy; ### 30. calls for an increase in the number of specific calls for projects as part of the atlantic strategy; in this context , recalls the importance of the full respect of the partnership principle , that is of the proper and actual involvement of social and economic partners in the drawing up of the cohesion policy programmes in the regions of the atlantic , also in order to ensure a better planning and implementation of the final projects on the ground;


### 32. advocates that the atlantic strategy be developed into an atlantic macro-regional strategy and that an atlantic macro-region be created with a view to improving coordination between measures addressing issues on land and at sea , provide multi-level governance and rationalise the sources of funding; ### 32. calls on the european council for a mandate to the european commission to develop an atlantic macro-regional strategy; strongly believes that an atlantic macro-region should be created with a view to improving coordination between measures addressing issues on land and at sea , providing multi-level governance and rationalising the sources of funding;


### (5) implementation of the common transport policy requires an efficient air transport system allowing the safe , regular and sustainable operation of air transport services , optimising capacity and facilitating the free movement of goods , persons and services. ### (5) implementation of the common transport policy requires an efficient air transport system allowing the safe , regular and sustainable operation of air transport services , optimising the efficiency of an overall volume that will be recurrently updated and determined by the emission reduction needs of the sector to duly contribute to the general targets set by the european climate law , and facilitating the free movement of goods , persons and services.


### (7) improvements in the environmental performance of atm also directly contribute to the achievement of the objectives contained in the paris agreement and in the commission’s european green deal , in particular through the reduction of aviation emissions. ### (7) improvements in the environmental and climate performance of atm must be designed and combined to directly contribute in an aggregated manner to the achievement of the objectives contained in the paris agreement and in the commission’s european green deal , in particular through the reduction of aviation emissions. the european commission should continuously monitor and report periodically on the overall impact of atm performance in terms of co2 and non-co2 emissions’ reduction.


### (15) there should be no discrimination between airspace users as to the provision of equivalent air navigation services. ### (15) there should be no discrimination between airspace users as to the provision of equivalent air navigation services. this does not apply when different airspace users are treated differently on the basis of an amended performance and charging scheme , which allows for differentiation of charges based on the level of service , as well as climate and environmental performances.


### (17) air traffic service providers or airport operators should have the choice to procure communication , navigation and surveillance services (cns) , aeronautical information services (ais) , air traffic data services (ads) , meteorological services (met) or terminal air traffic services under market conditions , without prejudice to safety requirements , where they find that such procurement enables cost-efficiency gains. the possibility to resort to such procurement is expected to allow for more flexibility and to promote innovation in services , without affecting the specific needs of the military regarding confidentiality , interoperability , system resilience , data access , and atm security. ### (17) air traffic service providers or airport operators should have the choice to procure communication , navigation and surveillance services (cns) , aeronautical information services (ais) , air traffic data services (ads) , meteorological services (met) or terminal air traffic services under market conditions , without prejudice to safety requirements , where they find that such procurement enables an improved climate or environmental performance , beyond cost-efficiency gains. the possibility to resort to such procurement is expected to allow for more flexibility and to promote innovation in services , without affecting the specific needs of the military regarding confidentiality , interoperability , system resilience , data access , and atm security.


### (18) where terminal air traffic services are procured , they should not be subject to the charging scheme set out in this regulation , nor to , article 1(4) of directive 2009/12/ec of the european parliament and of the council30 , linked to the applicability of that scheme. ### deleted


### (19) the provision of en route air traffic services should be organisationally separated from the provision of cns , ais , ads , met and terminal air traffic services , including through the separation of accounts , in order to ensure transparency and avoid discrimination , cross-subsidisation and distortion of competition. ### deleted


### (22) the performance and charging schemes are intended to make air navigation services provided under conditions other than market conditions more cost-efficient and to promote better service quality and should , to this end , include relevant and appropriate incentives. in view of this objective , the performance and charging schemes should not cover services supplied under market conditions. ### (22) the performance and charging schemes are intended to make air navigation services provided under conditions other than market conditions cost-efficient and to promote better service quality as well as a lesser impact of aviation on climate and the environment and should , to this end , include relevant and appropriate incentives. in view of this objective , the performance and charging schemes should not cover services supplied under market conditions.


### (27) the performance of the network functions should be subject to criteria specific to them , having regard to the peculiar nature of these functions. the network functions should be subject to performance targets in the key performance areas of the environment , capacity and cost-efficiency. ### (27) the performance of the network functions should be subject to criteria specific to them , having regard to the peculiar nature of these functions. the network functions should be subject to performance targets in the key performance areas of safety , climate , the environment , and cost-efficiency.


### (28) the charging scheme should be based on the principle that airspace users should pay for the cost incurred for the provision of the services received but that only cost imputable to such service and not covered otherwise should be taken into account. the costs related to the network manager should be included in the determined costs eligible to be charged to airspace users. charges should encourage the safe , efficient , effective and sustainable provision of air navigation services with a view to achieving a high level of safety and cost-efficiency and meeting the performance targets and they should stimulate integrated service provision , whilst reducing the environmental impact of aviation. ### (28) the charging scheme should be based on the principle that airspace users should pay for the cost incurred for the provision of the services received but that only cost imputable to such service and not covered otherwise should be taken into account , in addition to a common standard climate and environmental levy per each flight operated. the costs related to the network manager should be included in the determined costs eligible to be charged to airspace users. charges should encourage the safe , efficient , effective and sustainable provision of air navigation services with a view to achieving a high level of safety and cost-efficiency and meeting the performance targets and they should stimulate integrated service provision , whilst reducing the environmental and climate impact of aviation. the levy is aimed at internalising these external costs and contributing to create a level-playing field across modes , and particularly encouraging a modal shift towards more sustainable travel alternatives for the shorter distance flights.


### (29) mechanisms for modulation of charges to improve environmental performance and service quality , notably through increased use of sustainable alternative fuels , increased capacity and reduced delays , while maintaining an optimum safety level , should be set up at union-wide level given the cross-border nature of aviation. national supervisory authorities should also have the possibility to establish mechanisms at local level regarding terminal services. ### (29) mechanisms for modulation of charges to improve environmental performance and service quality , notably through increased use of sustainable alternative fuels fully based on additional renewable sources , increased efficiency and reduced delays , while maintaining an optimum safety level , should be set up at union-wide level given the cross-border nature of aviation. national supervisory authorities should also have the possibility to establish mechanisms at local level regarding terminal services.


### (30) in order to incentivise airspace users to fly the shortest route , in particular in times of congestion , it should be possible to establish a common unit rate for en route services across the single european sky airspace. the establishment of any such common unit rate should be revenue neutral for air traffic service providers. ### (30) in order to incentivise airspace users to fly the shortest route , in particular in times of congestion , it should be possible to establish a common unit rate for en route services across the single european sky airspace , which may be significantly reduced for aircrafts using sustainable fuels fully based on additional renewable sources. the establishment of any such common unit rate should be revenue neutral for air traffic service providers.


### (32) atm network functions should contribute to the sustainable development of the air transport system and support the achievement of union-wide performance targets. they should ensure the sustainable , efficient and environmentally optimal use of airspace and of scarce resources , reflect operational needs in the deployment of the european atm network infrastructure and should provide support in case of network crises. a number of tasks contributing to the execution of these functions should be carried out by a network manager , whose action should involve all operational stakeholders concerned. ### (32) atm network functions should contribute to the sustainable development of the air transport system and support the achievement of union-wide performance targets , particularly in the climate and environmental areas , in order to ensure timely sectorial compliance with the emission reductions established in the european climate law and the full alignment with the objectives of the european green deal. they should ensure the sustainable , efficient and environmentally optimal use of airspace and of scarce resources , reflect operational needs in the deployment of the european atm network infrastructure and should provide support in case of network crises. a number of tasks contributing to the execution of these functions should be carried out by a network manager , whose action should involve all operational stakeholders concerned.


### (33) in the cooperative decision making process for the decisions to be taken by the network manager , the interest of the network should prevail. parties to the cooperative decision-making process should therefore act to the maximum extent possible with a view to improving the functioning and performance of the network. the procedures for the cooperative decision-making process should promote the interest of the network , and be such that issues are resolved and consensus found wherever possible. ### (33) in the cooperative decision making process for the decisions to be taken by the network manager , the interest of the network and more particularly safety should prevail. parties to the cooperative decision-making process should therefore act to the maximum extent possible with a view to improving the functioning and performance of the network , particularly with regard to climate and environment , as well as taking always into consideration local safety concerns. the procedures for the cooperative decision-making process should promote the interest of the network and more particularly safety , and be such that issues are resolved and consensus found wherever possible.


### (34) to enhance the customer focus of air traffic service providers and to increase the possibility of airspace users to influence decisions which affect them , the consultation and participation of stakeholders in major operational decisions of the air traffic service providers should be made more effective. ### (34) to enhance the customer focus of air traffic service providers , the consultation of stakeholders in major operational decisions of the air traffic service providers should be made more effective.


### (35) availability of relevant operational data is essential for enabling the flexible provision of air traffic data services , on cross-border and on union-wide bases. therefore , such data should be made available to relevant stakeholders , including to prospective new providers of air traffic data services. accuracy of information including on airspace status and on specific air traffic situations and timely distribution of this information to civil and military controllers has a direct impact on the safety and efficiency of operations. timely access to up-to-date information on airspace status is essential for all parties wishing to take advantage of airspace structures made available when filing or re-filing their flight plans. ### (35) availability of relevant operational data in an interoperable format is essential for enabling the flexible provision of air traffic data services , on cross-border and on union-wide bases. therefore , such data should be made available to relevant stakeholders , including to prospective new providers of air traffic data services. accuracy of information including on airspace status and on specific air traffic situations and timely distribution of this information to civil and military controllers has a direct impact on the safety and efficiency of operations. timely access to up-to-date information on airspace status is essential for all parties wishing to take advantage of airspace structures made available when filing or re-filing their flight plans.


### (38) the sesar project is aimed at enabling the safe , efficient and environmentally sustainable development of air transport by modernising the european and global atm system. in order to contribute to its full effectiveness , proper coordination between the phases of the project should be ensured. the european atm master plan should result from the sesar definition phase , and should contribute to achieving the union-wide performance targets. ### (38) the sesar project is aimed at enabling the safe , efficient and environmentally sustainable development of air transport by modernising the european and global atm system. in order to contribute to its full effectiveness , proper coordination between the phases of the project should be ensured. the european atm master plan should result from the sesar definition phase , and should contribute to achieving the union-wide performance targets , particularly in the climate and environmental areas , in order to ensure timely sectorial compliance with the emission reductions established in the european climate law and the full alignment with the objectives of the european green deal.


### 1. this regulation lays down rules for the creation and effective functioning of the single european sky in order to reinforce current air traffic safety standards , to contribute to the sustainable development of the air transport system and to improve the overall performance of air traffic management and air navigation services for general air traffic in europe , with a view to meeting the requirements of all airspace users. the single european sky shall comprise a coherent pan-european network , a progressively more integrated airspace , network management and air traffic management systems based on safety , efficiency , interoperability and technological modernisation , for the benefit of all airspace users , citizens and the environment. ### 1. this regulation lays down rules for the creation and effective functioning of the single european sky in order to reinforce current air traffic safety standards , to contribute to the sustainable development of the air transport system and to improve the overall performance of air traffic management and air navigation services for general air traffic in europe , with a view to meeting the requirements of all airspace users and enable the due contribution of air transport sector to the objectives of the european green deal , and achieving the emission reduction targets within the european climate law in particular. the single european sky shall comprise a coherent pan-european network , a progressively more integrated airspace , network management and air traffic management systems based on safety , efficiency , interoperability and technological modernisation , for the benefit of all airspace users , citizens and the environment.


### 3. without prejudice to paragraph 1 , the national supervisory authorities shall be legally distinct and independent from any other public or private entity in terms of their organisation , functioning , legal structure and decision-making. ### 3. without prejudice to paragraph 1 , the national supervisory authorities shall be legally distinct and independent from any private entity in terms of their organisation , functioning , legal structure and decision-making.


### persons in charge of strategic decisions , audits or other functions directly linked to performance targets or oversight of air navigation service providers , shall not hold any professional position or responsibility with any air navigation service provider after their term in the national supervisory authority , for at least a period of two years. ### persons in charge of strategic decisions , audits or other functions directly linked to performance targets or oversight of air navigation service providers , shall not hold any professional position or responsibility with any air navigation service provider after their term in the national supervisory authority , for at least a period of two years , nor have held it during the previous year.


### [...] ### deleted


### 1. where this enables cost-efficiency gains to the benefit of airspace users , air traffic service providers may decide to procure cns , ais , ads or met services under market conditions. ### 1. where this enables an improved service performance , particularly on climate and the environment , while maintaining safety , air traffic service providers may decide to procure cns , ais , ads or met services under market conditions.


### where this enables cost-efficiency gains to the benefit of airspace users , member states shall allow airport operators to procure terminal air traffic services for aerodrome control under market conditions. ### where this enables an improved service performance , particularly on climate and the environment , while maintaining safety , member states may allow airport operators to procure terminal air traffic services for aerodrome control under market conditions.


### in addition , where this enables cost-efficiency gains to the benefit of airspace users , member states may allow airport operators or the national supervisory authority concerned to procure terminal air traffic services for approach control under market conditions. ### in addition , where this enables an improved service performance , particularly on climate and the environment , while maintaining safety , member states may allow airport operators or the national supervisory authority concerned to procure terminal air traffic services for approach control under market conditions


### 5. articles 14 , 17 and 19 to 22 shall not apply to the terminal air traffic service providers designated as a result of a procurement procedure in accordance with the second and third subparagraphs of paragraph 1. those terminal air traffic service providers shall provide data on the performance of air navigation services in the key performance areas of safety , the environment , capacity and cost-efficiency to national supervisory authority and the agency acting as prb for monitoring purposes. ### 5. articles 14 , 17 and 19 to 22 shall not apply to the terminal air traffic service providers designated as a result of a procurement procedure in accordance with the second and third subparagraphs of paragraph 1. those terminal air traffic service providers shall provide data on the performance of air navigation services in the key performance areas of safety , climate and the environment to national supervisory authority and the agency acting as prb for monitoring purposes.


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


### periodic review , monitoring and benchmarking of performance in the key performance areas of safety , the environment , capacity and cost-efficiency . ### periodic review , monitoring and benchmarking of performance in the key performance areas of safety , climate , the environment and cost-efficiency.


### 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 , provided that those do not impact negatively on the existing ones , particularly climate and the environment.


### key performance indicators for target setting in the key performance areas of the environment , capacity and cost-efficiency; ### key performance indicators for target setting in the key performance areas of safety , climate , the environment and cost-efficiency;


### indicators for monitoring performance in the key performance areas of safety , the environment , capacity and cost-efficiency; ### indicators for monitoring performance in the key performance areas of safety , the environment , climate and cost-efficiency;


### 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 climate , environment 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 , particularly the timely emission reductions established in the european climate law , and the objectives of the european green deal , 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 be realistic and achievable during the reference period concerned , whilst fostering longer term structural and technological developments enabling the efficient , sustainable and resilient provision of air navigation services. ### they shall contribute fostering longer term structural and technological developments enabling the efficient , sustainable and resilient provision of 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 safety , climate , the environment and cost-efficiency , consistent with the union-wide performance targets , particularly the timely emission reductions established in the european climate law , and the full alignment with the objectives of the european green deal. 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 , designated air traffic service providers shall consult airspace users’ representatives , ansp staff representatives , scientific experts in the domains of climate and environment as well as , 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.


### 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 , particularly regarding climate and environment , such as the different climate-impacting emissions , and fulfil the additional conditions laid down in the third subparagraph.


### 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 , particularly regarding climate and environment , in order to ensure their full alignment with the emissions reduction targets within the european climate law and the objectives of the european green deal. 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.


### 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 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 , particularly regarding the climate and environment areas , in order to ensure full alignment with the emissions reduction targets within the european climate law and the objectives of the european green deal.


### 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 is denied because it contains performance targets for en route air navigation services that are not consistent with the union-wide performance targets , particularly regarding the full alignment with the emissions reduction targets within the european climate law and the objectives of the european green deal , 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 , particularly regarding the climate and environment areas.


### 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 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 , particularly regarding the climate and environment areas , in order to ensure full alignment with the emissions reduction targets within the european climate law and the objectives of the european green deal.


### 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 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 and shall contain the amendments necessary in view of the conditions the agency acting as prb has found not being met , particularly regarding the climate and environment areas , in order to ensure full alignment with the emissions reduction targets within the european climate law and the objectives of the european green deal.


### 11. the agency acting as prb shall issue regular reports , within the time limits referred to in the implementing acts to be adopted in accordance with article 18 , on the monitoring of performance of en route air navigation services and network functions , including regular assessments of the achievement of the en route union-wide performance targets and of performance targets for en route air navigation services for air traffic service providers and making the results of those assessments publicly available. ### 11. the agency acting as prb shall issue regular reports , within the time limits referred to in the implementing acts to be adopted in accordance with article 18 , on the monitoring of performance of en route air navigation services and network functions , including regular assessments of the achievement of the en route union-wide performance targets and of performance targets for en route air navigation services for air traffic service providers , particularly regarding the full alignment with the emissions reduction targets within the european climate law and the objectives of the european green deal , and making the results of those assessments 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 , particularly within the climate and environment areas , 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 , particularly regarding the climate and environment areas in order to ensure full alignment with the emissions reduction targets within the european climate law and the objectives of the european green deal , 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 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 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 safety , climate , environment and cost-efficiency , consistent with the union-wide performance targets , particularly the timely emission reductions established in the european climate law , and the full alignment with the objectives of the european green deal. 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 , ansp staff representatives , scientific experts in the domains of climate and environment as well as , 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.


### 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 that are consistent with the respective union-wide performance targets in all key performance areas , particularly regarding climate and environment , such as the different climate-impacting emissions , and fulfil the additional conditions laid down in the third subparagraph.


### 6. the national supervisory authority shall assess the performance targets for terminal air navigation services and the performance plans according to the criteria and conditions set out in paragraph 3. where paragraph 5 applies , the national supervisory authority shall base its assessment on the conclusions of the decision taken by the agency acting as prb in respect of the allocation of costs. ### 6. the national supervisory authority shall assess the performance targets for terminal air navigation services and the performance plans according to the criteria and conditions set out in paragraph 3 , particularly regarding climate and environment , in order to ensure their full alignment with the emissions reduction targets within the european climate law and the objectives of the european green deal. where paragraph 5 applies , the national supervisory authority shall base its assessment on the conclusions of the decision taken by the agency acting as prb in respect of the allocation of costs.


### 7. where the national supervisory authority has denied approval of a draft performance plan in accordance with paragraph 6 , a revised draft performance plan shall be presented by the designated air traffic service provider concerned , including where necessary revised targets. ### 7. where the national supervisory authority has denied approval of a draft performance plan in accordance with paragraph 6 , a revised draft performance plan shall be presented by the designated air traffic service provider concerned , including where necessary revised targets , particularly regarding climate and environment , in order to ensure their full alignment with the emissions reduction targets within the european climate law and the objectives of the european green deal.


### 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 union-wide performance targets , particularly regarding the full alignment with the emissions reduction targets within the european climate law and the objectives of the european green deal , 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 , particularly regarding the climate and environment areas.


### 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. ### 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 , particularly regarding the climate and environment areas , in order to ensure full alignment with the emissions reduction targets within the european climate law and the objectives of the european green deal.


### 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 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 , particularly regarding the climate and environment areas , in order to ensure full alignment with the emissions reduction targets within the european climate law and the objectives of the european green deal.


### 10. the national supervisory authority concerned shall issue regular reports on the monitoring of performance of terminal air navigation services , including regular assessments of the achievement of the performance targets for terminal air navigation services for air traffic service providers and making the results of those assessments publicly available. ### 10. the national supervisory authority concerned shall issue regular reports on the monitoring of performance of terminal air navigation services , including regular assessments of the achievement of the performance targets for terminal air navigation services for air traffic service providers , particularly regarding the full alignment with the emissions reduction targets within the european climate law and the objectives of the european green deal , and making the results of those assessments publicly available.


### 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 , particularly within the climate and environment areas , 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 , particularly regarding the climate and environment areas in order to ensure full alignment with the emissions reduction targets within the european climate law and the objectives of the european green deal , 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).


### 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 establish a union-wide overview of the performance of terminal air navigation services and of how it relates to union-wide performance targets , particularly regarding the timely emission reductions established in the european climate law , and the full alignment with the objectives of the european green deal.


### the draft network performance plan shall be drawn up after the setting of union-wide performance targets and before the start of the reference period concerned. it shall contain performance targets in the key performance areas of the environment , capacity and cost-efficiency. ### the draft network performance plan shall be drawn up after the setting of union-wide performance targets and before the start of the reference period concerned. it shall contain specific performance targets in the key performance areas of safety , climate , environment and cost-efficiency.


### 1. where , during a reference period , union-wide performance targets are no longer adequate , in light of significantly changed circumstances , and where the revision of targets is necessary and proportionate , the commission shall revise those union-wide performance targets. article 11 shall apply to such decision. subsequent to such revision , designated air traffic service providers shall adopt new draft performance plans , to which articles 13 and 14 shall apply. the network manager shall draw up a new draft network performance plan , to which article 16 shall apply. ### 1. where , during a reference period , union-wide performance targets are no longer adequate , in light of significantly changed circumstances , and where the revision of targets is necessary and proportionate , the commission shall revise those union-wide performance targets , particularly so as to ensure the timely emission reductions established in the european climate law , and the full alignment with the objectives of the european green deal. article 11 shall apply to such decision. subsequent to such revision , designated air traffic service providers shall adopt new draft performance plans , to which articles 13 and 14 shall apply. the network manager shall draw up a new draft network performance plan , to which article 16 shall apply.


### 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 , and where the revised performance targets ensure that consistency with the union-wide performance targets is maintained , particularly regarding the timely emission reductions established in the european climate law , and the full alignment with the objectives of the european green deal. 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.


### 3. charges shall encourage the safe , efficient , effective and sustainable provision of air navigation services with a view to achieving a high level of safety and cost-efficiency and meeting the performance targets and they shall stimulate integrated service provision , whilst reducing the environmental impact of aviation. ### 3. charges shall encourage the safe , efficient , effective and sustainable provision of air navigation services with a view to achieving a high level of safety and meeting the performance targets , particularly the timely emission reductions established in the european climate law , their full alignment with the objectives of the european green deal and they shall stimulate integrated service provision , whilst reducing the environmental and climate impacts of aviation.


### 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 and climate 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.


### 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 shall be levied on airspace users for the provision of air navigation services , under fully transparent conditions , taking into account the relative climate and environmental performance 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 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 , in addition to the climate and environmental levy referred to in article 20 , paragraph 3(d). 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 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 , in addition to the climate and environmental levy referred to in article 20 , paragraph 3(d). 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.


### 4. exemption of certain airspace users from air navigation charges , especially light aircraft and state aircraft , may be permitted , provided that the cost of such exemption is covered by other resources and is not passed on to other airspace users. ### 4. exemption of certain airspace users from air navigation charges may be permitted for zero-emission aircrafts only.


### 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 air navigation service providers , airports and airspace users to support improvements in climate and environmental performance , or service quality such as increased use of sustainable alternative fuels based on fully additional renewable sources , 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 address , as a minimum , the use by airspace users of the available routes that minimize aircraft emissions under the operational context.


### 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 , as well as workers’ representatives of this body. when such non-compliance concerns particularly the expected reduction of climate-impacting emissions , the prb shall additionally request the assessment by scientific experts in the domain of climate. 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.


### 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 in order to ensure an aggregated reduction of climate-impacting emissions of at least 10% overall , while allowing transparent , non-discriminatory 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 , particularly the timely emission reductions established in the european climate law and the full alignment with the objectives of the european green deal , and shall be based on operational requirements.


### the design and management of the european airspace structures ; ### the design and management of the european airspace structures , particularly in order to minimise the overall climate-impacting emissions of aviation;


### air traffic flow management; ### air traffic flow management to optimise trajectories of each flight to minimise fuel consumption , while maintaining maximum safety;


### 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; ### optimisation of airspace design for the network in order to continuously minimise the overall fuel consumption and facilitation of delegation of air traffic services provision through co-operation with the air traffic service providers and member state authorities;


### air traffic flow and capacity management; ### air traffic flow and capacity management , in order to guarantee maintaining an overall reduction of climate-impacting emissions of at least 10%;


### 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 may involve the adoption of binding measures of a general scope upon duly justified reasons , such as the need for a timely compliance with emission reduction targets. they shall be performed in coordination with military authorities in accordance with agreed procedures , where appropriate.


### 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 , primarily in regard to the reduction of climate-impacting emissions in accordance with the european climate law targets and the european green deal objectives. the action taken by the network manager shall take account of the need to adequately integrate the airports in the network with the primary goal of minimising the number of unnecessary flights and stop-overs.


### 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 , particularly those relating to climate and environment , are adequately reflected in the overall capacity planning , as well as the partial 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.


### 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 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. such individual measures shall include the power to correct a filed flight plan to minimize its climate and environmental impact under the operational context , in which case paragraph 7 shall not apply;


### 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 , except for the reasons provided in paragraph 6(a). 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.


### 9. aspects of design of airspace structures other than those referred to in paragraphs 2 and 3 of article 26 shall be addressed by member states. in this regard , member states shall take into account air traffic demands , seasonality and complexity of air traffic and of performance plans. before deciding on those aspects , they shall consult airspace users concerned or groups representing such airspace users and military authorities as appropriate. ### 9. aspects of design of airspace structures other than those referred to in paragraphs 2 and 3 of article 26 shall be addressed by member states. in this regard , member states may take into account certain degree of seasonality , subject to actual feasibility given the complexity of air traffic , and of performance plans , particularly ensuring overall compliance with the reduction of climate-impacting emissions’ targets. before deciding on those aspects , they shall consult workers’ representatives of that sector , airspace users concerned or groups representing such airspace users , climate and environment scientific experts , and military authorities as appropriate.


### 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 , aerodrome operators and workers’ representatives , as well as scientific experts and relevant non-governmental organisations in the field of climate and environment , on all major issues related to services provided , including relevant changes to airspace configurations , such as those resulting from the required emission reduction efforts , or strategic investments which have a relevant impact on air traffic management and air navigation service provision and/or charges.


### 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 an interoperable format in real-time , on a transparent , 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.


### 3. access to relevant operational data as referred to in paragraph 1 shall be granted to the authorities in charge of safety oversight , performance oversight and network oversight , including the agency. ### 3. access to relevant operational data as referred to in paragraph 1 shall be granted to the authorities in charge of safety oversight , performance oversight , and in particular of climate and environmental indicators , and network oversight , including the agency.


### 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 , within the capacity limitations derived from the emission reduction targets and in consistency with the european atm master plan .


### 3. common projects may be eligible for union funding. to this end , and without prejudice to member states' competence to decide on the use of their financial resources , the commission shall carry out an independent cost-benefit analysis and appropriate consultations with member states and with relevant stakeholders in accordance with article 10 , exploring all appropriate means for financing the implementation thereof. ### 3. common projects may be eligible for union funding. to this end , and without prejudice to member states' competence to decide on the use of their financial resources , the commission shall carry out an independent cost-benefit analysis , including an assessment on the obligation to fulfil the european green deal objectives and in particular the “do no significant harm” principle , as well as the alignment towards the european climate law targets , and appropriate consultations with member states and with relevant stakeholders in accordance with article 10 , exploring all appropriate means for financing the implementation thereof.


### 2. the commission shall establish such a mechanism at union level to consult on matters related to the implementation of this regulation where appropriate . the specific sectoral dialogue committee set up under commission decision 98/500/ec shall be involved in the consultation. for the purpose of point (e) of paragraph 3 , when consultation relating to military aspects is required , the commission shall , in addition to member states , consult the european defence agency and other competent military experts designated by the member states. ### 2. the commission shall establish such a mechanism at union level to consult on matters related to the implementation of this regulation where appropriate , particularly regarding the alignment with european green deal objectives the emission reduction targets within the european climate law. the specific sectoral dialogue committee set up under commission decision 98/500/ec shall be involved in the consultation. for the purpose of point (e) of paragraph 3 , when consultation relating to military aspects is required , the commission shall , in addition to member states , consult the european defence agency and other competent military experts designated by the member states.


### member states shall lay down rules on penalties applicable to infringements of this regulation and of the delegated and implementing acts adopted on the basis thereof in particular by airspace users , airport operators and air navigation service providers , and shall take all measures necessary to ensure that they are implemented. the penalties provided for shall be effective , proportionate and dissuasive. ### member states shall lay down rules on penalties applicable to infringements of this regulation and of the delegated and implementing acts adopted on the basis thereof in particular by airspace users , airport operators and air navigation service providers , and shall take all measures necessary to ensure that they are implemented , particularly in relation to lack of compliance with climate and environmental aspects. the penalties provided for shall be effective , proportionate and dissuasive.


### 1. the commission shall conduct an evaluation to assess the application of this regulation by 2030. when justified for this purpose , the commission may request from the member states information relevant to the application of this regulation. ### 1. the commission shall conduct an evaluation to assess the application of this regulation and its effects in the different performance targets , and particularly on the overall impact on the reduction of climate-impacting emissions , by 2026. when justified for this purpose , the commission may request from the member states information relevant to the application of this regulation.


### a. whereas the eu’s blue economy is a broad and fast-moving industry that has taken significant steps over the past decade to modernise and diversify itself , while providing 4.5 million direct jobs in sectors based in the marine environment and on land; ### a. whereas the concept of a sustainable blue economy has been established to maintain healthy and productive oceans and to facilitate the preservation and restoration of their ecosystems as essential for the humankind while developing within ecological limits , the atlantic ocean accounts for 36 % of the eu’s blue economy gross added value;


### a. whereas the blue economy , and hence the fisheries and aquaculture sectors , must respect the environmental , social and economic pillars across the board in order to be considered sustainable; ### a. whereas the blue economy that develops within ecological limits , and hence the fisheries and aquaculture sectors , must respect the environmental , social and economic pillars across the board in order to be considered sustainable;


### b. whereas maritime and coastal tourism constitute a pillar of the blue economy , with over half of the eu’s tourist accommodation located in coastal areas and 30 % of overnight stays occurring at beach resorts; ### b. whereas maritime and coastal tourism constitute a pillar of the sustainable blue economy while the communication on tourism and transport in 2020 and beyond also underscores the importance of protecting and restoring europe’s land and marine natural capital , in line with the strategic approach for a sustainable blue and green economy;


### 1. supports the principle of sustainable development within the blue economy as a driver of economic growth in the eu , in particular in the atlantic and mediterranean areas , as a way to foster a number of sectors such as maritime transport , shipbuilding , biotechnology , sustainable tourism , offshore wind , fishing and aquaculture , and wave and tidal energy; ### 1. supports the principle of sustainability as the main driver for long-term economic development and particularly in the atlantic area , through maritime transport , shipbuilding , biotechnology , fishing and aquaculture , sustainable tourism , offshore wind , wave and tidal energy; calls on the commission to promote research , development and science-based innovation as tools that contribute towards:


### 1. welcomes the commission's new sustainable eu blue economy strategy; regrets , however , the lack of specific objectives for the different sectors , in particular fisheries and aquaculture; points out that new action plans must always be based on the best available scientific knowledge and on environmental , social and economic impact studies; ### 1. welcomes the commission's new sustainable eu blue economy strategy; regrets , however , the lack of specific objectives for the different sectors , in particular fisheries and aquaculture; points out that new legislative proposals must always be based on the best available scientific advice and on environmental , social and economic impact assessments;


### 1. recalls the critical role of small-scale fisheries in food security and nutrition; notes the potential conflicts between fisheries and other emerging sectors of the blue economy; ### 1. recalls the critical role of small-scale fisheries in food security and nutrition; notes the potential conflicts between fisheries and other emerging sectors of the blue economy; urges the eu to address them through transparent conflict resolution mechanisms; to this end , stresses the need to promote participatory maritime spatial planning , the creation of stakeholders’ forums of dialogue , the strict implementation of the precautionary approach , not limited to deep-see mining , but expanded to the development of new blue sectors;


### 2. calls on the commission to promote the establishment of maritime transport partnerships with the private sector in order to improve innovation and strengthen competitiveness; ### 2. calls on the commission to ensure that all blue economy operators endorse and comply with the principles of the european green deal; highlights that the shift to creating a sustainable blue economy that develops within ecological limits will rely on even closer engagement with stakeholders , from businesses large , small and micro-level to regional and local governance , local groups , to young people passionate about the health of our ocean and the general public;


### 2. stresses the need to implement an integrated ecosystem-based approach to all sectors of the blue economy , including extractive industries; ### 2. stresses the need to implement an integrated ecosystem-based approach to all sectors of the blue economy , including extractive industries; in particular , urges the eu and partner countries to adopt science-based maximum sustainable yield-based targets for management of all stocks; to enforce effective monitoring , control and surveillance;


### 3. calls on the commission and the member states to complete priority projects within the trans-european transport network (ten-t) , in particular projects involving the atlantic , the mediterranean and cross-border areas , while promoting the full development of the ten-t motorways of the sea and the connection of islands to the mainland; ### 3. calls on the commission and the member states to complete ten-t priority project of the motorways of the sea and to better integrate short sea shipping to distribute goods more widely via ports and thereby to avoid harmful road freight transport; stresses the need where geographically feasible , to chose the most sustainable modes of transportsuch as rail and inland waterways transport for hinterland distribution in order to rely increasingly on alternatives to road freight transport; welcomes , in this context the changed post-brexit maritime freight routes between ireland and the mainland eu that have opened up and that transport goods by sea much closer to their end-market destinations , thereby reducing the necessary last mile road freight leg; calls on the commission to make every effort to include the uk and relevant agencies of the uk building on a history of good cooperation in this area;


### 3. calls on the commission to establish legally binding instruments to make the blue economy ‘greener’ and to align it with the overall objectives of the european green deal; ### 3. calls on the commission to establish legally binding instruments to make the blue economy ‘greener’ and to align it with the overall objectives of the european green deal and the eu biodiversity strategy;


### 3. recalls the eu’s responsibility in global fisheries governance , which should prioritise the rights of small-scale fishers and protect their use of and control over fishing resources; ### 3. recalls the eu’s responsibility in global fisheries governance , which should prioritise the rights of small-scale fishers and protect their access to , use of and control over fishing resources; to this end , urges the eu to scale up its financial support for the development of the entire value chain in small-scale fisheries , and to ensure greater participation of women in decision- making , considering their crucial role in small-scale fishing , including pre- and post- harvest activities , aquaculture and inland fishing;


### 4. highlights that fostering the blue economy is key to reviving the economy as a whole and restoring the social aspects of several sectors severely affected by the covid-19 pandemic; ### 4. highlights that the eu’s recovery efforts must be centred on sustainability in line with the green deal objectives; calls on the commission to promote research , development and innovation as tools that contribute towards a clean transition; urges the commission to only spend eu taxpayers’ money for sustainable projects that contribute to the eu's goal of reaching climate neutrality by 2050 at the latest and to prevent stranded assets; considers that eu public funding should only be used for projects and measures that do not risk lock-in effects in fossil fuels; demands the commission to conduct life-cycle assessments of projects that are to receive support in order for them to be in line with the principles of a zero-pollution circular economy , taking into account all ghg emissions and effects on pollution and land use; recommends to take an ecosystem-based approach to management of human activities at sea and the application of strategic environmental assessment directive in the european union’s blue economy to help achieve this dual challenge: if put on a more sustainable path , it will become a font of action and ideas creating innovation , spurring fast and lasting recovery and protecting our planet;


### 4. recalls the eu’s commitment to the principle of policy coherence for development;stresses thatsustainable fisheries partnership agreements must neither undermine local food security nor threaten small-scale fisheries in non-eu countries by putting them in direct competition with eu vessels; calls for the agreements to be aligned with the 2030 agenda for sustainable development by increasing sectoral support and sustainability provisions on surpluses , discards and the precautionary approach; ### 4. recalls the eu’s commitment to the principle of policy coherence for development; stresses that sustainable fisheries partnership agreements must be in line with best available scientific advice and must neither undermine local food security nor threaten small-scale fisheries in non-eu countries by putting them in direct competition with eu vessels; calls for the agreements to be aligned with the 2030 agenda for sustainable development and with the eu environmental obligations and common fisheries policy objectives by increasing sectoral support and sustainability provisions on surpluses , discards and the precautionary approach;


### 5. calls on the commission to include sustainable maritime and coastal tourism in all related action plans and programmes and to encourage the diversification of this kind of tourism , while helping to boost tourism activities and increase employment all year round. ### 5. calls on the commission to develop new forms of maritime and coastal tourism to preserve marine and coastal habitats; highlights the importance of the circular economy in the tourism sector , which should be the guiding principle alongside zero pollution , energy efficiency and biodiversity preservation , urges the sector to develop more sustainable practices , in particular more sustainable mobility management of tourists; calls on the commission to develop pilot areas to test methods of coastal protection and promote nature-based solutions; calls on the member states to propose the inclusion in their partnership agreement of specific programs and actions to support litter-free coastal areas/ communities and to promote and incentivise passive fishing-for-litter schemes and actions;


### 5. stresses that the production of fishmeal and fish oil contributes to overfishing in developing countries; calls for mandatory due diligence measures to ensure that the whole seafood-industry supply chain is fair , fully traceable and free of illegal , unreported and unregulated fishing; ### 5. stresses that the production of fishmeal and fish oil contributes to overfishing in developing countries; notably in west africa; calls for mandatory due diligence measures to ensure that the whole seafood-industry supply chain is fair , fully traceable , free of illegal , unreported and unregulated fishing and production linked with human trafficking and slavery;


### — having regard to articles 3 , 4 , 38 , 43 and 349 of the treaty on the functioning of the european union , ### — having regard to articles 3 , 4 , 13 , 38 , 43 and 349 of the treaty on the functioning of the european union ,


### d. whereas the conservation and sustainable use of marine biodiversity is fundamental to the health of the oceans , which contain millions of species , and hence to the health and survival of the planet; ### d. whereas the conservation and sustainable use of marine biodiversity is fundamental to the health of the oceans , which contain millions of species , and hence to the health and survival of the planet , and hence providing the basis for marine and maritime economic activities;