### (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 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 but it should also take into consideration local safety concerns. the procedures for the cooperative decision-making process should promote safety as well as the interest of the network , and be such that issues are resolved and consensus found wherever possible. decisions taken shall also be considered within the context of the national performance plans , and a mechanism created to ensure there is no detriment to an ansp due to the cooperative decision making process.


### (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 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 but it should also take into consideration safety concerns. the procedures for the cooperative decision-making process should promote safety as well as the interest of the network , and be such that issues are resolved and consensus found wherever possible. decisions taken shall also be considered within the context of the national performance plans , and a mechanism created to ensure there is no detriment to an ansp due to the cooperative decision making process.


### (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.


### (41) in order to take into account technical or operational developments , in particular by amending annexes , or by supplementing the provisions on network management , the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union should be delegated to the commission. the content and scope of each delegation is set out in detail in the relevant articles. when adopting delegated acts under this regulation , it is of particular importance that the commission carry out appropriate consultations during its preparatory work , including at expert level , and that those consultations be conducted in accordance with the principles laid down in the interinstitutional agreement of 13 april 2016 on better law-making33 . in particular , to ensure equal participation in the preparation of delegated acts , the european parliament and the council receive all documents at the same time as member states’ experts , and their experts systematically have access to meetings of commission expert groups dealing with the preparation of delegated acts. ### (41) in order to take into account technical or operational developments , in particular by amending annexes , or by supplementing the provisions on network management , the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union should be delegated to the commission. the content and scope of each delegation is set out in detail in the relevant articles. when adopting delegated acts under this regulation , it is of particular importance that the commission carry out appropriate consultations during its preparatory work , including at expert level within the expert group on human dimension of the single european sky , and that those consultations be conducted in accordance with the principles laid down in the interinstitutional agreement of 13 april 2016 on better law-making33 . in particular , to ensure equal participation in the preparation of delegated acts , the european parliament and the council receive all documents at the same time as member states’ experts , and their experts systematically have access to meetings of commission expert groups dealing with the preparation of delegated acts.


### (41) in order to take into account technical or operational developments , in particular by amending annexes , or by supplementing the provisions on network management , the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union should be delegated to the commission. the content and scope of each delegation is set out in detail in the relevant articles. when adopting delegated acts under this regulation , it is of particular importance that the commission carry out appropriate consultations during its preparatory work , including at expert level , and that those consultations be conducted in accordance with the principles laid down in the interinstitutional agreement of 13 april 2016 on better law-making33 . in particular , to ensure equal participation in the preparation of delegated acts , the european parliament and the council receive all documents at the same time as member states’ experts , and their experts systematically have access to meetings of commission expert groups dealing with the preparation of delegated acts. ### (41) in order to take into account technical or operational developments , in particular by amending annexes , or by supplementing the provisions on network management , the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union should be delegated to the commission. the content and scope of each delegation is set out in detail in the relevant articles. when adopting delegated acts under this regulation , it is of particular importance that the commission carry out appropriate consultations during its preparatory work , including at expert level within the expert group on human dimension , and that those consultations be conducted in accordance with the principles laid down in the interinstitutional agreement of 13 april 2016 on better law-making33. in particular , to ensure equal participation in the preparation of delegated acts , the european parliament and the council receive all documents at the same time as member states’ experts , and their experts systematically have access to meetings of commission expert groups dealing with the preparation of delegated acts.


### (42) in order to ensure uniform conditions for the implementation of this regulation , in particular with regard to the modalities of recruitment and selection procedures for national supervisory authorities , rules on the economic certification of air navigation service providers , rules for the implementation of the performance and charging schemes , in particular on the setting of union-wide performance targets , the classification of en route and terminal air navigation services , the criteria and procedures for the assessment of the draft performance plans and performance targets of air traffic service providers and the network manager , the monitoring of performance , rules for the provision of information on costs and charges , the content and establishment of the cost base for charges and the setting of unit rates for air navigation services , incentive mechanisms and risk-sharing mechanisms , the appointment of the network manager and the terms and conditions of such appointment , the tasks of the network manager and the governance mechanisms to be applied by it , rules on the execution of the network functions , modalities of the consultation of stakeholders on major operational decisions of the air traffic service providers , requirements regarding the availability of operational data , conditions of access and setting of access prices , application of the concept of flexible use of airspace , the establishment of common projects and the governance mechanisms applicable to them , implementing powers should be conferred on the commission. those powers should be exercised in accordance with regulation (eu) no 182/2011 of the european parliament and of the council34 . ### deleted


### 20. ‘breakdown value’ means the value obtained , for a given air traffic service provider , by breaking down a union-wide performance target to the level of each air traffic service provider and serving as a reference for assessing consistency of the performance target set in draft performance plan with the union-wide performance target; ### 20. ‘breakdown value’ means the value obtained , for a given air navigation traffic service provider , by breaking down a union-wide performance target to the level of each air traffic service provider and serving as a reference for the development of national performance targets , the assessment and approval of the draft performance plans by the national supervisory authorities , as well as for the prb in the context of their european monitoring and benchmarking activities;1a


### 40. ‘national supervisory authority’ means the national body or bodies entrusted by a member state with the tasks under this regulation other than the tasks covered by the national competent authority; ### 40. which also executes ‘national supervisory authority’ means the national body or bodies entrusted by a member state with the tasks under this regulation1a


### 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.


### 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. the national supervisory authorities shall be independent in terms of their organisation , funding decisions , legal structure and decision-making from any air navigation service provider.


### 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 other private entity in terms of their organisation , functioning , legal structure and decision-making.


### the national supervisory authorities shall also be independent in terms of their organisation , funding decisions , legal structure and decision-making from any air navigation service provider. ### the national supervisory authorities shall be independent in terms of their organisation , funding decisions , legal structure and decision-making from any air navigation service provider. however , this shall not prevent the national supervisory authorities from exercising their tasks within the rules of organisation of national civil aviation authorities or any other public bodies.


### the national supervisory authorities shall also be independent in terms of their organisation , funding decisions , legal structure and decision-making from any air navigation service provider. ### the national supervisory authorities shall be independent in terms of their organisation , funding decisions , legal structure and decision-making from any air navigation service provider.


### 4. member states may set up national supervisory authorities which are competent for several regulated sectors , if those integrated regulatory authorities fulfil the independence requirements set out in this article. the national supervisory authority may also be joined in respect of its organisational structure with the national competition authority referred to in article 11 of council regulation (ec) no 1/200338 , if the joint body fulfils the independence requirements set out in this article. ### 4. member states may set up national supervisory authorities which are competent for several regulated sectors , if those integrated regulatory authorities fulfil the independence requirements set out in this article. the national supervisory authority may also be joined in respect of its organisational structure with the national competition authority referred to in article 11 of council regulation (ec) no 1/200338 , or the national transport authority , if the joint body fulfils the independence requirements set out in this article.


### 6. in addition to the requirements set out in paragraph 5 , persons in charge of strategic decisions shall be appointed by an entity of the member state concerned which does not directly exert ownership rights over air navigation service providers. member states shall decide whether these persons are appointed for a fixed and renewable term , or on a permanent basis which only allows dismissal for reasons not related to their decision-making. persons in charge of strategic decisions shall not seek or take instructions from any government or other public or private entity when carrying out their functions for the national supervisory authority and shall have full authority over the recruitment and management of its staff. ### 6. in addition to the requirements set out in paragraph 5 , persons in charge of strategic decisions shall be appointed by an entity of the member state concerned which does not directly exert ownership rights over air navigation service providers. member states shall decide whether these persons are appointed for a fixed and renewable term , or on a permanent basis which only allows dismissal for reasons not related to their decision-making. persons in charge of strategic decisions shall not seek or take instructions from any public or private air navigation service provider when carrying out their functions for the national supervisory authority.


### 6. in addition to the requirements set out in paragraph 5 , persons in charge of strategic decisions shall be appointed by an entity of the member state concerned which does not directly exert ownership rights over air navigation service providers. member states shall decide whether these persons are appointed for a fixed and renewable term , or on a permanent basis which only allows dismissal for reasons not related to their decision-making. persons in charge of strategic decisions shall not seek or take instructions from any government or other public or private entity when carrying out their functions for the national supervisory authority and shall have full authority over the recruitment and management of its staff. ### 6. in addition to the requirements set out in paragraph 5 , persons in charge of strategic decisions shall be appointed by an entity of the member state concerned following a clear and transparent process. member states shall decide whether these persons are appointed for a fixed and renewable term , or on a permanent basis which only allows dismissal for reasons not related to their decision-making. persons in charge of strategic decisions shall not seek or take instructions from any government or other public or private entity when carrying out their functions for the national supervisory authority and shall have full authority over the recruitment and management of its staff.


### 6. in addition to the requirements set out in paragraph 5 , persons in charge of strategic decisions shall be appointed by an entity of the member state concerned which does not directly exert ownership rights over air navigation service providers. member states shall decide whether these persons are appointed for a fixed and renewable term , or on a permanent basis which only allows dismissal for reasons not related to their decision-making. persons in charge of strategic decisions shall not seek or take instructions from any government or other public or private entity when carrying out their functions for the national supervisory authority and shall have full authority over the recruitment and management of its staff. ### 6. in addition to the requirements set out in paragraph 5 , persons in charge of strategic decisions shall be appointed by an entity of the member state concerned following a clear and transparent process providers. member states shall decide whether these persons are appointed for a fixed and renewable term , or on a permanent basis which only allows dismissal for reasons not related to their decision-making. persons in charge of strategic decisions shall not seek or take instructions from any government or other public or private entity when carrying out their functions for the national supervisory authority and shall have full authority over the recruitment and management of its staff. .


### 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. ### national legislation shall address cooling off periods for the persons in charge of strategic decisions , audits or other functions directly linked to performance targets or oversight of air navigation service providers.


### 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. ### national legislation shall address cooling off periods for the persons in charge of strategic decisions , audits or other functions directly linked to performance targets or oversight of air navigation service providers.1a


### 7. member states shall ensure that national supervisory authorities have the necessary financial resources and capabilities to carry out the tasks assigned to them under this regulation in an efficient and timely manner. the national supervisory authorities shall manage their staff based on their own appropriations , to be set in proportion to the tasks to be fulfilled by the authority in accordance with article 4. ### 7. member states shall ensure that national supervisory authorities have the necessary financial resources and capabilities to carry out the tasks assigned to them under this regulation in an efficient and timely manner. the national supervisory authorities shall manage their staff according to relevant national law and procedures , to be set in proportion to the tasks to be fulfilled by the authority in accordance with article 4.


### 8. a member state may request the agency acting as performance review body (prb) , to carry out the tasks related to the implementation of the performance and charging schemes laid down in articles 14 , 17 , 19 , 20 , 21 , 22 and 25 , and in the implementing acts referred to in articles 18 and 23 and for which the national supervisory authority of that member state is responsible under this regulation and the delegated and implementing acts adopted on the basis thereof. ### 8. a member state may request the performance review body (prb) , to carry out the tasks related to the implementation of the performance and charging schemes laid down in articles 14 , 17 , 19 , 20 , 21 , 22 and 25 , and in the implementing acts referred to in articles 18 and 23 and for which the national supervisory authority of that member state is responsible under this regulation and the delegated and implementing acts adopted on the basis thereof.


### once the agency acting as prb accepts such a request , it shall become the supervisory authority responsible for the tasks covered by that request and the national supervisory authority of the requesting member state shall be relieved of the responsibility for those tasks. the rules contained in regulation (eu) 2018/1139 and pertaining to the agency acting as prb shall apply to the performance of these tasks , including as regards the levying of fees and charges. ### once the prb accepts such a request , it shall become the supervisory authority responsible for the tasks covered by that request and the national supervisory authority of the requesting member state shall be relieved of the responsibility for those tasks. the rules contained in regulation (eu) 2018/1139 and pertaining to the prb shall apply to the performance of these tasks , including as regards the levying of fees and charges.


### 10. the commission shall establish detailed rules laying down the modalities of recruitment and selection procedures referred to in paragraph 5 , points (a) and (b). those implementing acts shall be adopted in accordance with the examination procedure referred to in article 37(3). ### 10. the commission shall establish detailed guidance material to ensure sufficient standardisation of the modalities of recruitment and selection procedures referred to in paragraph 5 , points (a) and (b).


### oversee the correct application of procurement requirements in accordance with article 8(6); ### deleted


### it shall take all necessary enforcement measures which may , where appropriate , include the amendment , limitation , suspension or revocation of economic certificates issued by them in accordance with article 6. ### deleted


### it shall take all necessary enforcement measures which may , where appropriate , include the amendment , limitation , suspension or revocation of economic certificates issued by them in accordance with article 6. ### it shall take all necessary enforcement measures.


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


### economic certification and requirements for air navigation service providers ### economic certification and requirements for providers of cns , ais , ads , met or terminal air traffic services


### 1. air navigation service providers shall , in addition to the certificates they are required to hold pursuant to article 41 of regulation (eu) no 2018/1139 , hold an economic certificate. this economic certificate shall be issued upon application , when the applicant has demonstrated sufficient financial robustness and has obtained appropriate liability and insurance cover. ### 1. providers of cns , ais , ads , met or terminal air traffic services shall , in addition to the certificates they are required to hold pursuant to article 41 of regulation (eu) no 2018/1139 , hold an economic certificate. this economic certificate shall be issued upon application , when the applicant has demonstrated sufficient financial robustness and has obtained appropriate liability and insurance cover.


### 3. the economic certificate referred to in paragraph 1 and the certificate referred to in article 41 of regulation (eu) no 2018/1139 may be subject to one or several conditions set out in annex i. such conditions shall be objectively justified , non-discriminatory , proportionate and transparent. the commission shall be empowered to adopt delegated acts in accordance with article 36 in order to amend the list set out in annex i for the purposes of providing for an economic level playing field and resilience of service provision. ### 3. the economic certificate referred to in paragraph 1 and the certificate referred to in article 41 of regulation (eu) no 2018/1139 may be subject to one or several conditions set out in annex i. such conditions shall be objectively justified , non-discriminatory , proportionate and transparent. the commission shall be empowered to adopt implementing acts in accordance with article 37 (3) in order to amend the list set out in annex i for the purposes of providing for an economic level playing field and resilience of service provision.


### 1. member states shall ensure the provision of air traffic services on an exclusive basis within specific airspace blocks in respect of the airspace under their responsibility. for this purpose , member states shall individually or collectively , designate one or more air traffic service provider(s). the air traffic service providers shall fulfill the following conditions: ### 1. without prejudice to article 30 , member states shall ensure the provision of air traffic services on an exclusive basis within specific airspace blocks in respect of the airspace under their responsibility. for this purpose , member shall , individually or collectively , designate one or more air traffic service provider(s). the air traffic service providers shall fulfil the following conditions: […]


### 1. member states shall ensure the provision of air traffic services on an exclusive basis within specific airspace blocks in respect of the airspace under their responsibility. for this purpose , member states shall individually or collectively , designate one or more air traffic service provider(s). the air traffic service providers shall fulfill the following conditions: ### 1. member states shall ensure the provision of air traffic services on an exclusive basis within specific airspace blocks in respect of the airspace under their responsibility. for this purpose , member states shall designate an air traffic service provider holding a valid certificate or declaration in the union. the air traffic service providers shall fulfil the following conditions:


### they shall hold a valid certificate or a valid declaration as referred to in article 41 of regulation (eu) 2018/1139 and an economic certificate in accordance with article 6(1). ### they shall hold a valid certificate or a valid declaration as referred to in article 41 of regulation (eu) 2018/1139.


### each decision to designate an air traffic service provider shall be valid for a maximum of ten years. member states may decide to renew the designation of an air traffic service provider. ### deleted


### 2. the designation of the air traffic service providers shall not be subject to any condition requiring those providers to : ### 2. member states shall ensure the provision of air traffic services on an exclusive basis within specific airspace blocks in respect of the airspace under their responsibility. for this purpose , member states shall designate an air traffic service provider holding a valid certificate within the union.1a the designation of the air traffic service providers shall not be subject to any condition requiring those providers to :


### be owned directly or through a majority holding by the designating member state or its nationals; ### be owned directly or through a majority holding by that designating member state or its nationals;


### have their principal place of operation or registered office in the territory of the designating member state; ### have their principal place of operation or registered office in the territory of that member state;


### use only facilities in the designating member state. ### use only facilities in that designating member state.


### 3. member states shall specify the rights and obligations to be met by the air traffic service providers , designated individually or jointly. the obligations shall include conditions for making available relevant data enabling all aircraft movements to be identified in the airspace under their responsibility. ### 3. member states shall have discretionary powers in choosing an air traffic providers and shall specify the rights and obligations to be met by the air traffic service providers , designated individually or jointly. the obligations shall include conditions for making available relevant data enabling all aircraft movements to be identified in the airspace under their responsibility.


### 3. member states shall specify the rights and obligations to be met by the air traffic service providers , designated individually or jointly. the obligations shall include conditions for making available relevant data enabling all aircraft movements to be identified in the airspace under their responsibility. ### 3. member states shall specify the rights and obligations to be met by the air traffic service providers. the obligations shall include conditions for making available relevant data enabling all aircraft movements to be identified in the airspace under their responsibility.


### 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 improvement of the service performance without being detrimental to 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 cost-efficiency gains to the benefit of airspace users , member states may allow the procurement of terminal air traffic services for aerodrome control and approach control under market conditions.1a


### 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 cost-efficiency , technical , and operational gains to the benefit of airspace users , member states may allow the procurement of terminal air traffic services for aerodrome control and approach control 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 improvement of the service performance without being detrimental to safety , member states may allow airport operators to procure terminal air traffic services for aerodrome control 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 cost-efficiency gains to the benefit of airspace users , 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. ### deleted


### 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 improvement of the service performance without being detrimental to 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.


### 3. member states shall take all necessary measures to ensure that the provision of en route air traffic services is separated in terms of organisation from the provision of cns , ais , ads , met and terminal air traffic services and that the requirement concerning the separation of accounts referred to in article 25(3) is respected. ### 3. where cns , ais , ads , met and terminal air traffic services for approach and aerodrome control are decided to be procured under market conditions member states shall take all necessary measures to ensure that the provision of en route air traffic services is separated in terms of organisation from the provision of cns , ais , ads , met and terminal air traffic services and that the requirement concerning the separation of accounts referred to in article 25(3) is respected.


### 3. member states shall take all necessary measures to ensure that the provision of en route air traffic services is separated in terms of organisation from the provision of cns , ais , ads , met and terminal air traffic services and that the requirement concerning the separation of accounts referred to in article 25(3) is respected. ### 3. on a voluntary basis , member states shall take all necessary measures to ensure that the provision of en route air traffic services is separated in terms of accounts from the provision of cns , ais , ads , met and terminal air traffic services and that the requirement concerning the separation of accounts referred to in article 25(3) is respected.


### 3. member states shall take all necessary measures to ensure that the provision of en route air traffic services is separated in terms of organisation from the provision of cns , ais , ads , met and terminal air traffic services and that the requirement concerning the separation of accounts referred to in article 25(3) is respected. ### 3. member states shall take all necessary measures to ensure that the provision of en route air traffic services is separated in terms of accounts1a from the provision of cns , ais , ads , met and terminal air traffic services and that the requirement concerning the separation of accounts referred to in article 25(3) is respected.


### its principal place of business is located in the territory of a member state; ### deleted


### member states or nationals of member states own more than 50% of the service provider and effectively control it , whether directly or indirectly through one or more intermediate undertakings , except as provided for in an agreement with a third country to which the union is a party; and ### deleted


### 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 , the environment , capacity and cost-efficiency to national supervisory authority and the prb for monitoring purposes.


### 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. this must follow a detailed impact assessment and with the involvement of operational stakeholders and be adopted by way of an implementing regulation adopted in accordance with the examination procedure referred to in article 37(3).1a


### 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 before each reference period in accordance with the examination procedure referred to in article 37(3).


### the commission may add additional key performance areas for performance target setting or monitoring purposes , where necessary to improve performance. ### after a consultation of the expert group on human dimension , the commission may add additional key performance areas for performance target setting or monitoring purposes , where necessary to monitor performance.


### the collection , validation , examination , evaluation and dissemination of relevant data related to the performance of air navigation services and network functions from all relevant parties , including air navigation service providers , airspace users , airport operators , national supervisory authorities , national competent authorities , member states , the agency , the network manager and eurocontrol; ### the collection , validation , examination , evaluation and dissemination of relevant data related to the performance of air navigation services and network functions from all relevant parties , including air navigation service providers , airspace users , airport operators , national supervisory authorities , member states , the agency , the network manager and eurocontrol;


### key performance indicators for target setting in the key performance areas of the environment , capacity and cost-efficiency; ### one key performance indicator for target setting in each of the key performance areas of the environment , capacity , safety and cost-efficiency; the commission shall consult operational stakeholders when developing these key performance indicators; these shall be outcome-based and take due account of:


### 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 , the environment , capacity 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 , capacity and cost-efficiency; these shall be focused on what is required to achieve the desired outcomes and limited in number;1a


### incentive schemes including for financial disincentives applicable where an air traffic service provider does not comply with the relevant binding performance targets during the reference period or where it has not implemented the relevant common projects referred to in article 35. such financial disincentives shall in particular take account of the deterioration in the level of service quality provided by that provider , as a result of not complying with the performance targets or not implementing the common projects , and the impact thereof on the network; ### balanced and symmetrical incentive schemes including financial bonuses applicable where an air traffic service provider achieves a performance exceeding binding performance targets and penalties where it does not comply with the relevant binding performance targets during the reference period. such financial incentives shall be proportionate to the magnitude of the variation between the achieved performance and the target. the determination of the financial incentive shall take into account to the greatest extent possible effects attributable to air navigation service providers and include adjustment for any impacts stemming from actions of other stakeholders.1a


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


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


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


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


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


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


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


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


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


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


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


### 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 shall contain performance targets that are consistent with the respective union-wide performance targets in all key performance areas.


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


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


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


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


### in addition , the draft performance plan must comply with the following conditions: ### in addition , the draft performance plan shall take into account the key assumptions applied as a basis for target setting and measures intended to achieve the targets during the reference period and shall be complete in terms of data and supporting material.


### key assumptions applied as a basis for target setting and measures intended to achieve the targets during the reference period , including baseline values , traffic forecasts and economic assumptions used , must be accurate , adequate and coherent; ### deleted


### the draft performance plan must be complete in terms of data and supporting material; ### deleted


### cost bases for charges must comply with article 20. ### deleted


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


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


### 5. the draft performance plans for en route air navigation services referred to in paragraph 1 , including where relevant the allocation of costs between en route and terminal air navigation services , shall be submitted to the agency acting as prb for assessment and approval. ### 5. the draft performance plans for en route air navigation services referred to in paragraph 1 , including where relevant the allocation of costs between en route and terminal air navigation services , shall be submitted to national supervisory authority for assessment and approval , as well as to the prb for assessment and approval of formal correctness and european reporting and benchmarking.


### 5. the draft performance plans for en route air navigation services referred to in paragraph 1 , including where relevant the allocation of costs between en route and terminal air navigation services , shall be submitted to the agency acting as prb for assessment and approval. ### 5. the draft performance plans referred to in paragraph 1 , shall be submitted to the prb for assessment.


### 6. in the case of a designated air traffic service provider providing both en route air navigation services and terminal air navigation services , the agency acting as prb shall first assess the allocation of costs between the respective services in accordance with paragraph 4. ### deleted


### 6. in the case of a designated air traffic service provider providing both en route air navigation services and terminal air navigation services , the agency acting as prb shall first assess the allocation of costs between the respective services in accordance with paragraph 4. ### 6. in the case of a designated air traffic service provider providing both en route air navigation services and terminal air navigation services , in order to guarantee consistency within the performance plans , the national supervisory authority , in coordination with the prb shall first assess the allocation of costs between the respective services in accordance with paragraph 4.


### where the agency acting as prb finds that the allocation of costs does not comply with the methodology or with the classification referred to in paragraph 4 , the designated air traffic service provider concerned shall present a new draft performance plan complying with that methodology and with that classification. ### where the national supervisory authority and the prb finds that the allocation of costs does not comply with the methodology or with the classification referred to in paragraph 4 , the designated air traffic service provider concerned shall present a new draft performance plan complying with that methodology and with that classification.


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


### 7. the agency acting as prb shall assess the performance targets for en route air navigation services and the performance plans according to the criteria and conditions set out in paragraph 3. where paragraph 6 applies , this assessment shall take place after a decision on the allocation of costs has been taken in accordance with the fourth subparagraph of paragraph 6. ### 7. the prb shall assess the formal correctness of the implementation of the european regulatory requirements. the national supervisory authority shall assess the performance targets for en route air navigation services and the performance plans according to the criteria and conditions set out in paragraph 3. where paragraph 6 applies , this assessment shall take place after a decision on the allocation of costs has been taken in accordance with the fourth subparagraph of paragraph 6.


### 7. the agency acting as prb shall assess the performance targets for en route air navigation services and the performance plans according to the criteria and conditions set out in paragraph 3. where 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 prb shall assess the performance targets and the performance plans according to the criteria set out in paragraph 3 and subject to the provisions of article 14 and article 15 of commission implementing regulation (eu) 2019/317.


### where the agency acting as prb finds that the draft performance plan meets those criteria and conditions , it shall approve it. ### where the national supervisory authority finds that the draft performance plan meets those criteria and conditions set out in paragraph 3 , it shall approve it.


### where the agency acting as prb finds that the draft performance plan meets those criteria and conditions , it shall approve it. ### deleted


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


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


### 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. ### deleted


### 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 national supervisory authority has denied approval of the correct implementation of european regulatory requirements in accordance with paragraph 7 , a revised draft performance plan shall be presented by the designated air traffic service provider concerned.


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


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


### where a revised draft performance plan does not meet those criteria and conditions , the agency acting as prb shall deny its approval and shall require the designated air traffic service provider to present a final draft performance plan. ### where a revised draft performance plan does not meet the european regulatory requirements or those criteria and conditions referred to in paragraph 8 , the prb , in respect of the european regulatory requirements , or the national supervisory authority , in respect of the performance plan assessment , shall deny its approval and shall require the designated air traffic service provider to present a final draft performance plan.


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


### where approval of the revised draft performance plan submitted in accordance with paragraph 8 is denied only because it does not comply with the conditions set out in the third subparagraph of paragraph 3 , the final draft performance plan to be presented by the designated air traffic service provider concerned shall include the performance targets contained in the draft performance plan and found to be consistent with the union-wide performance targets by the agency acting as prb , and shall contain the amendments necessary in view of the conditions the agency acting as prb has found not being met. ### where the 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 , 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 7. the final draft performance plan to be presented by the designated air traffic service provider concerned shall include the performance targets thus established by the national supervisory authority , as well as the measures to achieve those targets.


### where approval of the revised draft performance plan submitted in accordance with paragraph 8 is denied 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 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.


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


### 10. draft performance plans approved by the agency acting as prb shall be adopted by the designated air traffic service providers concerned as definitive plans , and shall be made publicly available. ### 10. draft performance plans approved by the commission shall be adopted by the national supervisory authority concerned as definitive plans , and shall be made 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 and making the results of those assessments publicly available. ### 11. the national supervisory authority 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 , including regular assessments of the achievement of the national performance targets for en route air navigation services for air navigation 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 and making the results of those assessments publicly available. ### 11. the 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 air navigation services and network functions , including regular assessments of the achievement of the union-wide performance targets for air navigation 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 and making the results of those assessments publicly available. ### 11. the national supervisory authority 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 national performance targets for en route air navigation services for air navigation service providers 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). ### 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 navigation service providers.


### 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 navigation 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 national supervisory authority shall issue decisions requiring the air navigation service provider to implement corrective measures. where the performance targets continue to be missed , or where the performance plan continues to be incorrectly implemented or where corrective measures imposed are not or not properly applied , the agency acting as prb shall conduct an investigation and provide an opinion to the commission in accordance with article 24(2). the commission may take action in accordance with article 24(3).


### the designated air traffic service provider shall provide the information and data necessary for the monitoring of the performance of air navigation services. this shall include information and data related to actual costs and revenues. where performance targets are not reached or the performance plan is not correctly implemented , the agency acting as prb shall issue decisions requiring corrective measures 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 navigation 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 national supervisory authority shall issue decisions requiring the air navigation service provider to implement corrective measures. 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 s 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).


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


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


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


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


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


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


### evaluation of performance improvements over time , for the reference period covered by the performance plan , and additionally for the overall period comprising both the preceding reference period and the reference period covered by the performance plan; ### provide an evaluation of performance improvements over time , for the reference period covered by the performance plan , and additionally for the overall period comprising both the preceding reference period and the reference period covered by the performance plan , with due consideration of the local circumstances;


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


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


### key assumptions applied as a basis for target setting and measures intended to achieve the targets during the reference period , including baseline values , traffic forecasts and economic assumptions used , must be accurate , adequate and coherent; ### include key assumptions applied as a basis for target setting and measures intended to achieve the targets during the reference period , including baseline values , traffic forecasts and economic assumptions used , must be accurate , adequate and coherent;


### the draft performance plan must be complete in terms of data and supporting material; ### be complete in terms of data and supporting material;


### 5. in the case of a designated air traffic service provider providing both en route air navigation services and terminal air navigation services , the draft performance plan for terminal air navigation services to be submitted to the national supervisory authority shall be the plan subject to a positive decision on the allocation of costs taken by the agency acting as prb in accordance with the third subparagraph of article 13(6). ### 5. in the case of a designated air traffic service provider providing both en route air navigation services and terminal air navigation services , the draft performance plan for terminal air navigation services to be submitted to the national supervisory authority shall be the plan subject to a positive decision on the allocation of costs taken by the prb in accordance with the third subparagraph of article 13(6).


### 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. where paragraph 5 applies , the national supervisory authority shall base its assessment on the conclusions of the decision taken by the prb in respect of the allocation of costs.


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


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


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


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


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


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


### 12. where the agency acting as prb carries out the tasks of a national supervisory authority in accordance with article 3(8) , the draft performance plans for terminal air navigation services shall be submitted to the agency acting as prb together with the draft performance plans for en route air navigation services. where the agency has taken a decision in respect of the allocation of costs as referred to in the third subparagraph of article 13(6) , this decision shall be binding on it for the purposes of the assessment of the draft performance plans for terminal air navigation services. ### 12. where the prb carries out the tasks of a national supervisory authority in accordance with article 3(8) , the draft performance plans for terminal air navigation services shall be submitted to the prb together with the draft performance plans for en route air navigation services. where the agency has taken a decision in respect of the allocation of costs as referred to in the third subparagraph of article 13(6) , this decision shall be binding on it for the purposes of the assessment of the draft performance plans for terminal air navigation services.


### article 15 ### deleted


### role of the agency acting as prb as regards the monitoring of union-wide performance targets for terminal air navigation services ### role of the prb as regards the monitoring of union-wide performance targets for terminal air navigation services


### 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 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.


### 2. for the purpose of the preparation of the overview referred to in point 1 , the national supervisory authorities shall notify their reports referred to in article 14(10) to the agency acting as prb and shall provide any other information the agency acting as prb may request for those purposes. ### 2. for the purpose of the preparation of the overview referred to in point 1 , the national supervisory authorities shall notify their reports referred to in article 14(10) to the prb and shall provide any other information the prb may request for those purposes.


### 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 , 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 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 environment , safety , capacity and cost-efficiency.


### 2. the draft network performance plan shall be submitted to the agency acting as prb and to the commission. ### 2. the draft network performance plan shall be submitted to the prb and to the commission.


### the agency acting as prb shall , upon request from the commission , deliver an opinion to the commission on the draft network performance plan based on the following essential criteria: ### the prb shall , upon request from the commission , deliver an opinion to the commission on the draft network performance plan based on the following essential criteria:


### 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 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.


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


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


### 2. charges shall be based on the costs of air traffic service providers in respect of services and functions delivered for the benefit of airspace users over fixed reference periods as defined in article 10(2). those costs may include a reasonable return on assets to contribute towards necessary capital improvements. ### 2. charges shall be based on the costs of air traffic service providers incurred either directly or indirectly in relation to the provision of services and functions delivered to the airspace users over fixed reference periods as defined in article 10(2). those costs may include a reasonable return on assets to contribute towards necessary capital improvements.