# L_2016318EN.01005201.xml

| 24.11.2016 | EN | Official Journal of the European Union | L 318/52 |
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24.11.2016

EN

Official Journal of the European Union

L 318/52

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EFTA SURVEILLANCE AUTHORITY DECISION

No 186/16/COL

of 12 October 2016

on the compliance of Norway's unit rate for 2016 under Article 17 of the Act referred to at point 66wm of Annex XIII to the EEA Agreement (Commission Implementing Regulation (EU) No 391/2013 of 3 May 2013 laying down a common charging scheme for air navigation services) [2016/2052]

THE EFTA SURVEILLANCE AUTHORITY,

Having regard to the Act referred to at points 66u of Annex XIII to the EEA Agreement (Regulation (EC) No 550/2004 of the European Parliament and of the Council of 10 March 2004 on the provision of air navigation services in the single European sky (1)), and in particular Article 16(1) thereof, and the Act referred to at point 66wm of Annex XIII to the EEA Agreement (Commission Implementing Regulation (EU) No 391/2013 of 3 May 2013 laying down a common charging scheme for air navigation services (2)) (‘Implementing Regulation (EU) No 391/2013’), and in particular Article 17(1)(d) thereof, both as adapted to the EEA Agreement by Protocol 1 thereto,

Whereas:

| (1) | Implementing Regulation (EU) No 391/2013 lays down a common charging scheme for air navigation services. The common charging scheme is an integral element in reaching the objectives of the performance scheme as established under Article 11 of the Act referred to at point 66t of Annex XIII to the EEA Agreement (Regulation (EC) No 549/2004 of the European Parliament and of the Council of 10 March 2004 laying down the framework for the creation of the single European sky (the framework Regulation) (3)) and the act mentioned at point 66xf of Annex XIII to the EEA Agreement (Commission Implementing Regulation (EU) No 390/2013 of 3 May 2013 laying down a performance scheme for air navigation services and network functions (4)) (‘Implementing Regulation (EU) No 390/2013’). |
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(1)

Implementing Regulation (EU) No 391/2013 lays down a common charging scheme for air navigation services. The common charging scheme is an integral element in reaching the objectives of the performance scheme as established under Article 11 of the Act referred to at point 66t of Annex XIII to the EEA Agreement (Regulation (EC) No 549/2004 of the European Parliament and of the Council of 10 March 2004 laying down the framework for the creation of the single European sky (the framework Regulation) (3)) and the act mentioned at point 66xf of Annex XIII to the EEA Agreement (Commission Implementing Regulation (EU) No 390/2013 of 3 May 2013 laying down a performance scheme for air navigation services and network functions (4)) (‘Implementing Regulation (EU) No 390/2013’).

| (2) | The Act referred to at point 66xe of Annex XIII to the EEA Agreement (Commission Implementing Decision 2014/132/EU of 11 March 2014 setting the Union-wide performance targets for the air traffic management network and alert thresholds for the second reference period 2015-19 (5)) sets the Union-wide performance targets, including a cost-efficiency target for en route air navigation services expressed in determined unit costs for the provision of those services, for the second reference period, which covers the years 2015 to 2019 inclusive. |
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(2)

The Act referred to at point 66xe of Annex XIII to the EEA Agreement (Commission Implementing Decision 2014/132/EU of 11 March 2014 setting the Union-wide performance targets for the air traffic management network and alert thresholds for the second reference period 2015-19 (5)) sets the Union-wide performance targets, including a cost-efficiency target for en route air navigation services expressed in determined unit costs for the provision of those services, for the second reference period, which covers the years 2015 to 2019 inclusive.

| (3) | Pursuant to Article 17(1)(b) and (c) of Implementing Regulation (EU) No 391/2013, the EFTA Surveillance Authority is to assess the unit rates for charging zones for 2016 submitted by Norway to the Authority by 1 June 2015 following the requirements of Article 9(1) and 9(2) of that Regulation. That assessment concerns the compliance of those unit rates with Implementing Regulations (EU) No 390/2013 and (EU) No 391/2013. |
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(3)

Pursuant to Article 17(1)(b) and (c) of Implementing Regulation (EU) No 391/2013, the EFTA Surveillance Authority is to assess the unit rates for charging zones for 2016 submitted by Norway to the Authority by 1 June 2015 following the requirements of Article 9(1) and 9(2) of that Regulation. That assessment concerns the compliance of those unit rates with Implementing Regulations (EU) No 390/2013 and (EU) No 391/2013.

| (4) | The EFTA Surveillance Authority has carried out its assessment of the unit rates with the support of Eurocontrol's Performance Review Unit and Central Route Charges Office, using the data and additional information provided by Norway as well as the report of the national supervisory authority on the assessment of costs exempt from the cost-sharing mechanism. |
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(4)

The EFTA Surveillance Authority has carried out its assessment of the unit rates with the support of Eurocontrol's Performance Review Unit and Central Route Charges Office, using the data and additional information provided by Norway as well as the report of the national supervisory authority on the assessment of costs exempt from the cost-sharing mechanism.

| (5) | On the basis of that assessment, the Authority has found, in accordance with Article 17(1)(d) of Implementing Regulation (EU) No 391/2013, that the unit rate for charging zones for 2016 submitted by Norway is in compliance with Implementing Regulations (EU) No 390/2013 and (EU) No 391/2013. |
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(5)

On the basis of that assessment, the Authority has found, in accordance with Article 17(1)(d) of Implementing Regulation (EU) No 391/2013, that the unit rate for charging zones for 2016 submitted by Norway is in compliance with Implementing Regulations (EU) No 390/2013 and (EU) No 391/2013.

| (6) | Pursuant to Article 17(1)(d) of Implementing Regulation (EU) No 391/2013, Norway should be notified of that finding, |
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(6)

Pursuant to Article 17(1)(d) of Implementing Regulation (EU) No 391/2013, Norway should be notified of that finding,

HAS ADOPTED THIS DECISION:

Article 1

Norway's submitted en route unit rate for 2016 of 381,42 NOK is in compliance with the Act referred to at point 66xf of Annex XIII to the EEA Agreement (Commission Implementing Regulation (EU) No 390/2013 of 3 May 2013 laying down a performance scheme for air navigation services and network functions) and the Act referred to at point 66wm of Annex XIII to the EEA Agreement (Commission Implementing Regulation (EU) No 391/2013 of 3 May 2013 laying down a common charging scheme for air navigation services).

Article 2

This Decision is addressed to Norway.

Done at Brussels, 12 October 2016.

For the EFTA Surveillance Authority

Sven Erik SVEDMAN

President

Helga JÓNSDÓTTIR

College Member

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(1)  
  OJ L 96, 31.3.2004, p. 10.

1

(2)  
  OJ L 128, 9.5.2013, p. 31.

2

(3)  
  OJ L 96, 31.3.2004, p. 1.

3

(4)  
  OJ L 128, 9.5.2013, p. 1.

4

(5)  
  OJ L 71, 12.3.2014, p. 20.

5

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