COMMISSION DECISION (EU) 2022/2422

of 5 December 2022

on the consistency of the performance targets contained in the revised draft performance plan submitted by Cyprus pursuant to Regulation (EC) No 549/2004 of the European Parliament and of the Council with the Union-wide performance targets for the third reference period

(notified under document C(2022) 8719)

(Only the Greek text is authentic)

(Text with EEA relevance)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to 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) (1), and in particular Article 11(3) point (c), thereof,

Having regard to Commission Implementing Regulation (EU) 2019/317 of 11 February 2019 laying down a performance and charging scheme in the single European sky and repealing Implementing Regulations (EU) No 390/2013 and (EU) No 391/2013 (2), and in particular Article 15(2) thereof,

Whereas:

GENERAL CONSIDERATIONS

(1) Pursuant to Article 10 of Implementing Regulation (EU) 2019/317, Member States are to draw up performance plans, either at national level or at the level of functional airspace blocks (‘FABs’), which have to include binding performance targets for each reference period of the performance scheme for air navigation services and network functions. Those performance targets have to be consistent with the Union-wide targets adopted by the Commission for the reference period concerned.

(2) Union-wide performance targets for the third reference period (‘RP3’) were originally set out in Commission Implementing Decision (EU) 2019/903 (3). As those Union-wide performance targets and the draft RP3 performance plans subsequently submitted in October 2019 by Member States were drawn up before the outbreak of the COVID-19 pandemic in March 2020, they did not take account of the considerable reduction in air traffic due to the measures taken by the Member States and third countries to contain the pandemic.

(3) In response to the impact of the COVID-19 pandemic on the provision of air navigation services, exceptional measures for RP3, which derogate from the provisions of Implementing Regulation (EU) 2019/317, were set out in Commission Implementing Regulation (EU) 2020/1627 (4). The Commission adopted, on 2 June 2021, Implementing Decision (EU) 2021/891 (5) setting revised Union-wide performance targets for RP3. On this basis, Member States submitted to the Commission, in October 2021, draft performance plans containing revised local performance targets for RP3.

(4) Commission Implementing Decision (EU) 2022/728 (6) was addressed to Belgium, Germany, Greece, France, Cyprus, Latvia, Luxembourg, Malta, the Netherlands, Romania, and Sweden. In respect of the draft performance plan for RP3 of Cyprus, the Commission found that the en route capacity and cost-efficiency performance targets are not consistent with the Union-wide performance targets and issued recommendations for the revision of those targets.

(5) In response to Russia’s war of aggression against Ukraine, which started on 24 February 2022, the Union has imposed restrictive measures which prohibit Russian air carriers, any Russian-registered aircraft and any non-Russian-registered aircraft which is owned or chartered, or otherwise controlled by any Russian natural or legal person, entity or body, from landing in and taking off from, or overflying the territory of the Union. Those restrictive measures and the counter-measures adopted by Russia have led to changes in air traffic in European airspace. Certain Member States have been severely affected by a significant reduction in the number of overflights in the airspace under their responsibility. However, at Union-wide level, the observed impact on the number of flights has been limited in contrast with the sharp reduction of air traffic across Europe which resulted from the outbreak of the COVID-19 pandemic.

(6) Cyprus submitted, on 13 July 2022, a revised draft performance plan for RP3 (the ‘revised draft performance plan’) for assessment to the Commission.

(7) The performance review body, assisting the Commission in the implementation of the performance scheme pursuant to Article 11(2) of Regulation (EC) No 549/2004, has submitted to the Commission a report containing its advice on the assessment of the revised draft performance plan.

(8) Pursuant to Article 15(1) of Implementing Regulation (EU) 2019/317, the Commission has assessed the consistency of the local performance targets contained in the revised performance plan on the basis of the assessment criteria laid down in point 1 of Annex IV to Implementing Regulation (EU) 2019/317, and taking account of local circumstances. In respect of each key performance area and the related performance targets, the Commission has complemented its assessment by reviewing the elements set out in point 2 of Annex IV to Implementing Regulation (EU) 2019/317.

(9) The Eurocontrol Statistics and Forecast Service (‘STATFOR’) base traffic forecast published in June 2022 takes account of the changed circumstances referred to in recital (5). Based on that forecast, the Commission notes that Cyprus is not foreseen to experience adverse changes in traffic over RP3 as a result of Russia’s war in Ukraine.

(10) As Cyprus does not have any airport falling within the scope of Implementing Regulation (EU) 2019/317 in respect of RP3, there are no local performance targets for terminal air navigation services as part of its revised draft performance plan. Therefore, the findings contained in this Decision relate solely to en route air navigation services.

COMMISSION ASSESSMENT

Assessment of performance targets in the key performance area of safety

(11) Concerning the key performance area of safety, the Commission has assessed the consistency of the targets submitted by Cyprus regarding the effectiveness of safety management of air navigation service providers (‘ANSPs’) based on the criterion laid down in point 1.1 of Annex IV to Implementing Regulation (EU) 2019/317.

(12) The local safety performance targets proposed by Cyprus in respect of the effectiveness of safety management, broken down per safety management objective and expressed as a level of implementation, are as follows: Cyprus Targets on the effectiveness of safety management, expressed as a level of implementation, ranging from European Union Aviation Safety Agency level A to D Air navigation service provider concerned Safety management objective 2022 2023 2024 Union-wide targets (2024) CYATS Safety policy and objectives C C C C Safety risk management D D D D Safety assurance C C C C Safety promotion C C C C Safety culture C C C C

(13) The safety performance targets proposed by Cyprus for the air navigation service provider, namely CYPRUS Air Navigation Services (‘CYATS’), are in line with the Union-wide performance targets for each year of the reference period.

(14) The Commission notes that the revised draft performance sets out measures for CYATS for the achievement of the local safety targets, such as the review and update of change management processes, guidelines on just culture policies, and additional staff for the purpose of supporting the realisation of safety objectives.

(15) On the basis of the findings set out in recitals (12) to (14), and considering that the Union-wide safety performance targets set in Implementing Decision (EU) 2021/891 must be achieved by the final year of RP3, namely 2024, the targets included in the revised draft performance plan should be considered consistent with the Union-wide performance targets in the key performance area of safety.

Assessment of performance targets in the key performance area of environment

(16) Concerning the key performance area of environment, the consistency of the targets submitted by Cyprus regarding the average horizontal en route flight efficiency of the actual trajectory has been assessed based on the criterion laid down in point 1.2 of Annex IV to Implementing Regulation (EU) 2019/317. Accordingly, the proposed targets contained in the revised draft performance plan have been compared with the relevant en route horizontal flight efficiency reference values set out in the European Route Network Improvement Plan (‘ERNIP’) available at the time of adopting the revised Union-wide performance targets for RP3, that is on 2 June 2021.

(17) In respect of the 2020 calendar year, the Union-wide performance target for RP3 in the key performance area of environment, which was initially set out in Implementing Decision (EU) 2019/903, before the outbreak of the COVID-19 pandemic, was not revised by Implementing Decision (EU) 2021/891, considering that the period for the application of that target had expired and that its implementation had thus become definitive leaving no possibility for retroactive adjustments. Similarly, the local environment performance targets for 2021 set by Member States in the draft performance plans submitted in October 2021 could not be retroactively modified in the revised draft performance plans. Therefore, the consistency of the local environment performance targets with the corresponding Union-wide performance targets should be assessed with regard to the 2022, 2023 and 2024 calendar years.

(18) The performance targets in the key performance area of environment proposed by Cyprus and the corresponding national reference values for RP3 from the ERNIP, expressed as the average horizontal en route flight efficiency of the actual trajectory, are as follows: Cyprus 2022 2023 2024 Targets in the key performance area of environment, expressed as the average horizontal en route flight efficiency of the actual trajectory 3,84 % 3,84 % 3,84 % Reference values 3,84 % 3,84 % 3,84 %

(19) The Commission observes that the environment targets proposed by Cyprus are equal to the corresponding national reference values for the 2022, 2023 and 2024 calendar years.

(20) The Commission notes that Cyprus has presented, in the revised draft performance plan, measures for the achievement of the local environment performance targets, which mainly fulfil already existing legal requirements under Union law and include a performance-based navigation transition plan by 2024, the implementation of Free Route Airspace Cyprus (‘NICFRA’) Phase 1 in March 2023 between flight levels 205 and 660, as well as continued improvements of the route network within the Nicosia flight information region.

(21) On the basis of the findings set out in recitals (18), (19) and (20), the targets included in the revised draft performance plan should be considered consistent with the Union-wide performance targets in the key performance area of environment.

Assessment of revised performance targets in the key performance area of capacity

(22) The Commission concluded in Implementing Decision (EU) 2022/728 that the proposed en route capacity targets included in the draft performance plan submitted in 2021, regarding the average en route air traffic flow management (‘ATFM’) delay per flight, were inconsistent with the Union-wide performance targets. Cyprus has proposed revised en route capacity targets as part of its revised draft performance plan.

(23) In respect of the 2020 calendar year, the Union-wide performance target for RP3 in the key performance area of capacity, which was initially set out in Implementing Decision (EU) 2019/903, before the outbreak of the COVID-19 pandemic, was not revised by Implementing Decision (EU) 2021/891, considering that the period for the application of that target had expired and that its implementation had thus become definitive leaving no possibility for retroactive adjustments. Similarly, the local capacity performance targets for 2021 set by Member States in the draft performance plans submitted in October 2021 could not be retroactively modified in the revised draft performance plans. Therefore, the consistency of the local capacity performance targets with the corresponding Union-wide performance targets should be assessed with regard to the 2022, 2023 and 2024 calendar years.

(24) The table below shows the initial RP3 draft en route capacity performance targets for the charging zone of Cyprus, as contained in the draft performance plan submitted in 2021, the revised performance targets contained in the revised draft performance plan, and the corresponding reference values from the Network Operations Plan available at the time of adopting the revised Union-wide performance targets for RP3, that is on 2 June 2021. Cyprus 2022 2023 2024 Initial en route capacity targets (contained in the draft performance plan submitted in 2021), expressed in minutes of ATFM delay per flight 0,30 0,40 0,30 Revised en route capacity targets (contained in the revised draft performance plan), expressed in minutes of ATFM delay per flight 0,16 0,15 0,15 Reference values 0,16 0,15 0,15

(25) The consistency of the revised en route capacity targets submitted by Cyprus has been assessed based on the criterion laid down in point 1.3 of Annex IV to Implementing Regulation (EU) 2019/317, by comparing those targets with the relevant reference values set out in the Network Operations Plan available on 2 June 2021. The Commission observes that the capacity targets proposed by Cyprus are equal to the corresponding national reference values for the 2022, 2023 and 2024 calendar years.

(26) The Commission notes that Cyprus has presented in the revised draft performance plan measures for the achievement of the local en route capacity targets. Those measures include the recruitment of new air traffic controllers (‘ATCOs’) enabling an increase of the number of ATCO full-time equivalents in service at the area control centre. In particular, Cyprus reports in the revised draft performance plan that an agreement with staff representative bodies was reached in December 2021 in order to improve ATCO training and increase flexibility of ATCO working time. The Commission also observes that Cyprus has revised its initial planning of ATCOs in operations for the 2022 and 2023 calendar years, resulting in an additional 4 FTEs planned for those two calendar years. In addition, the revised draft performance plan foresees major investments in the upgrade of ATM infrastructure to enable the operation of additional air traffic control sectors, the implementation of an operational excellence program in cooperation with the Network Manager, airspace restructuring measures and measures to improve air traffic flow and capacity management.

(27) The Commission observes that, in comparison with the draft performance plan submitted in 2021, Cyprus has presented additional relevant capacity enhancement measures which are also recommended in the Network Operations Plan of September 2021.

(28) Having regard to the foregoing observations, the Commission considers that Cyprus has adequately addressed the recommendations set out in Article 2 of Implementing Decision (EU) 2022/728 with regard to the revision of its capacity performance targets.

(29) On the basis of the findings set out in recitals (24) to (28), the targets included in the revised draft performance plan should be considered consistent with the Union-wide performance targets in the key performance area of capacity.

Assessment of revised performance targets in the key performance area of cost-efficiency

(30) The Commission concluded in Implementing Decision (EU) 2022/728 that the proposed en route cost-efficiency targets included in the draft performance plan submitted in 2021 were inconsistent with the Union-wide performance targets. Cyprus has proposed revised en route cost-efficiency targets as part of its revised draft performance plan.

(31) The table below shows the initial RP3 en route cost-efficiency performance targets for the charging zone of Cyprus, as contained in the draft performance plan submitted in 2021, and the corresponding revised performance targets contained in the revised draft performance plan submitted in 2022. En route charging zone of Cyprus 2014 baseline value 2019 baseline value 2020 - 2021 2022 2023 2024 Initial en route cost-efficiency targets (contained in the draft performance plan submitted in 2021), expressed as determined en route unit cost (in real terms in 2017 prices) 32,94 EUR 26,61 EUR 49,85 EUR 34,14 EUR 32,52 EUR 32,26 EUR Revised en route cost-efficiency targets (contained in the revised draft performance plan), expressed as determined en route unit cost (in real terms in 2017 prices) 32,94 EUR 26,61 EUR 49,85 EUR 30,92 EUR 29,35 EUR 29,11 EUR

(32) The Commission observes that Cyprus has revised its local cost-efficiency targets for the time period from 2022 to 2024, which results, in comparison with the draft performance plan submitted in 2021, in an overall determined unit cost (‘DUC’) lower by 9,7 % over those calendar years and lower by 6,6 % over RP3 as a whole. Those DUC reductions result both from the higher traffic forecast used in the revised draft performance plan for the 2022, 2023 and 2024 calendar years and from the downward revision of the determined costs expressed in real terms in 2017 prices for those calendar years.

(33) The changes to the traffic forecast for the 2022, 2023 and 2024 calendar years are presented in the table below. The Commission notes that the traffic forecast used in the revised draft performance plan is based on the Eurocontrol STATFOR June 2022 base traffic forecast. En route charging zone of Cyprus 2022 2023 2024 Initial traffic forecast (contained in the draft performance plan submitted in 2021), expressed in thousands of en route service units 1 789 2 083 2 169 Updated traffic forecast (contained in the revised draft performance plan), expressed in thousands of en route service units 1 837 2 129 2 235 Difference +2,7 % +2,2 % +3,0 %

(34) The revised determined costs for the 2022, 2023 and 2024 calendar years, expressed in real terms in 2017 prices, are shown in the table below. En route charging zone of Cyprus 2022 2023 2024 Initial determined costs in real terms in 2017 prices (contained in the draft performance plan submitted in 2021) 61 M EUR 68 M EUR 70 M EUR Revised determined costs in real terms in 2017 prices (contained in the revised draft performance plan) 57 M EUR 62 M EUR 65 M EUR Difference -7,0 % -7,8 % -7,0 %

(35) The revised draft performance plan comprises an updated inflation forecast for Cyprus for the 2022, 2023 and 2024 calendar years , as outlined in the following table. En route charging zone of Cyprus 2022 2023 2024 Initial inflation index, with forecasted year-on-year change in inflation in parenthesis (data contained in the draft performance plan submitted in 2021) 102,6 (0,8 %) 103,8 (1,2 %) 105,3 (1,4 %) Revised inflation index, with year-on-year change in inflation in parenthesis (data contained in the revised draft performance plan) 109,1 (5,3 %) 111,6 (2,3 %) 113,9 (2,0 %)

(36) The Commission observes that the determined costs in nominal terms of Cyprus for the 2022, 2023 and 2024 calendar years are lower than in the draft performance plan submitted in 2021, despite an upward revision of the inflation forecast. En route charging zone of Cyprus 2022 2023 2024 Initial determined costs in nominal terms (contained in the draft performance plan submitted in 2021) 62 M EUR 69 M EUR 72 M EUR Revised determined costs in nominal terms (contained in the revised draft performance plan) 60 M EUR 67 M EUR 71 M EUR Difference -3,1 % -3,2 % -2,1 %

(37) The Commission has assessed the consistency of the revised cost-efficiency targets proposed by Cyprus based on the criteria laid down in points 1.4(a), (b) and (c) of Annex IV to Implementing Regulation (EU) 2019/317.

(38) Concerning the criterion laid down in point 1.4(a) of Annex IV to Implementing Regulation (EU) 2019/317, the Commission observes that the en route DUC trend at charging zone level of +2,3 % over RP3 underperforms the Union-wide trend of +1,0 % over the same period. The Commission notes that this however constitutes an improvement from the DUC trend of +4,9 % calculated on the basis of the draft performance plans submitted in 2021.

(39) Concerning the criterion laid down in point 1.4(b) of Annex IV to Implementing Regulation (EU) 2019/317, the Commission observes that the long-term en route DUC trend at charging zone level over RP2 and RP3 of -1,4 % outperforms the long-term Union-wide trend of -1,3 % over the same period. The Commission notes that this constitutes an improvement from the long-term DUC trend of -0,2 % calculated on the basis of the draft performance plan submitted in 2021.

(40) Concerning the criterion laid down in point 1.4(c) of Annex IV to Implementing Regulation (EU) 2019/317, the Commission observes that the baseline value for the DUC of EUR 26,61 of Cyprus, expressed in 2017 prices, is 4,7 % lower than the average baseline value of EUR 27,91, expressed in 2017 prices, of the relevant comparator group.

(41) As specified in recital (39), Cyprus’s revised cost-efficiency targets result in a long-term DUC trend which outperforms the corresponding Union-wide trend. Furthermore, Cyprus’s revised DUC for 2024 is lower than the baseline value for 2014, which demonstrates a reduction of the DUC over RP2 and RP3. With reference to recital (40), Cyprus demonstrates a good cost-efficiency performance in respect of the baseline value for 2019, which is lower than the corresponding comparator group average. Finally, the Commission notes that Cyprus has reduced, in its revised draft performance plan, the determined costs for RP3 both in real and nominal terms, whilst planning to serve additional traffic on the basis of the updated traffic forecast for RP3. Therefore, the Commission considers that the deviation from the Union-wide RP3 DUC trend referred to in recital (38) does not preclude the establishment of consistency with the Union-wide cost-efficiency performance targets in respect of Cyprus.

(42) The Commission therefore considers that Cyprus has adequately addressed the recommendations set out in Article 3 of Implementing Decision (EU) 2022/728 with regard to the revision of its cost-efficiency performance targets.

(43) On the basis of the findings set out in recitals (31) to (42), the targets included in the revised draft performance plan should be considered consistent with the Union-wide performance targets in the key performance area of cost-efficiency.

CONCLUSIONS

(44) In the light of all the foregoing, the Commission has found that the performance targets contained in the revised draft performance plan are consistent with the Union-wide performance targets,

HAS ADOPTED THIS DECISION:

Article 1 The performance targets contained in the revised draft performance plan submitted by Cyprus, pursuant to Regulation (EC) No 549/2004, and listed in the Annex to this Decision, are consistent with the Union-wide performance targets for the third reference period set out in Implementing Decision (EU) 2021/891.

Article 2 This Decision is addressed to the Republic of Cyprus.

Done at Brussels, 5 December 2022. For the Commission Adina-Ioana VĂLEAN Member of the Commission

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

(2) OJ L 56, 25.2.2019, p. 1.

(3) Commission Implementing Decision (EU) 2019/903 of 29 May 2019 setting the Union-wide performance targets for the air traffic management network for the third reference period starting on 1 January 2020 and ending on 31 December 2024 (OJ L 144, 3.6.2019, p. 49).

(4) Commission Implementing Regulation (EU) 2020/1627 of 3 November 2020 on exceptional measures for the third reference period (2020-2024) of the single European sky performance and charging scheme due to COVID-19 pandemic (OJ L 366, 4.11.2020, p. 7).

(5) Commission Implementing Decision (EU) 2021/891 of 2 June 2021 setting revised Union-wide performance targets for the air traffic management network for the third reference period (2020-2024) and repealing Implementing Decision (EU) 2019/903 (OJ L 195, 3.6.2021, p. 3).

(6) Commission Implementing Decision (EU) 2022/728 of 13 April 2022 on the inconsistency of certain performance targets contained in the draft national and functional airspace block performance plans submitted by Belgium, Germany, Greece, France, Cyprus, Latvia, Luxembourg, Malta, the Netherlands, Romania, and Sweden pursuant to Regulation (EC) No 549/2004 of the European Parliament and of the Council with the Union-wide performance targets for the third reference period and setting out recommendations for the revision of those targets (OJ L 135, 12.5.2022, p. 4).