COMMISSION DECISION (EU) 2022/2421

of 5 December 2022

on the consistency of the performance targets contained in the revised draft performance plan submitted by Greece 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) 8733)

(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). Since 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, Commission Implementing Decision (EU) 2021/891 (5) setting revised Union-wide performance targets for RP3. On that basis, in October 2021, Member States submitted to the Commission 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 that Decision, the Commission found that the en route cost-efficiency and capacity performance targets included in the draft performance plan for RP3 of the Hellenic Republic (‘Greece’) 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) On 13 July 2022, Greece submitted a revised draft performance plan for RP3 (the ‘revised draft performance plan’).

(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 of Greece.

(8) In accordance with Article 15(1) of Implementing Regulation (EU) 2019/317, the Commission has assessed the consistency of the local performance targets included in the revised draft performance plan of Greece on the basis of the assessment criteria laid down in point 1 of Annex IV to that Regulation, 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 change in circumstances with respect to air traffic in European airspace. On the basis of that forecast, the Commission notes that Greece is not foreseen to experience adverse changes in traffic over RP3 as a result of Russia’s war in Ukraine.

COMMISSION ASSESSMENT

Assessment of performance targets in the key performance area of safety

(10) Concerning the key performance area of safety, the Commission has assessed the consistency of the targets submitted by Greece regarding the effectiveness of safety management of air navigation service providers (‘ANSPs’) in accordance with point 1.1 of Annex IV to Implementing Regulation (EU) 2019/317.

(11) The local safety performance targets proposed by Greece in respect of the effectiveness of safety management, broken down per safety management objective and expressed as a level of implementation, are as follows: Greece 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) HASP Safety policy and objectives C C C C Safety risk management C C D D Safety assurance C C C C Safety promotion C C C C Safety culture C C C C

(12) The safety performance targets proposed by Greece for the air navigation service provider, namely Hellenic Aviation Service Provider (‘HASP’), are consistent with the Union-wide performance target.

(13) The Commission notes that the revised draft performance plan submitted by Greece sets out measures for HASP for the achievement of the local safety targets, including measures relating to the training of staff, the reporting and investigation of occurrences, the conduct of safety management system audits, safety surveys, and change management.

(14) Therefore, in the light of what has been said in recitals 11, 12 and 13 and considering that the Union-wide safety performance targets set in Implementing Decision (EU) 2021/891 are to be achieved by the final year of RP3, namely 2024, the targets in the key performance area of safety included in the revised draft performance plan of Greece should be considered consistent with the Union-wide performance targets.

Assessment of performance targets in the key performance area of environment

(15) Concerning the key performance area of environment, the consistency of the targets submitted by Greece regarding the average horizontal en route flight efficiency of the actual trajectory has been assessed in accordance with point 1.2 of Annex IV to Implementing Regulation (EU) 2019/317. Accordingly, the proposed targets included in the revised draft performance plan of Greece have been compared with the relevant en route horizontal flight efficiency reference values set out in the European Route Network Improvement Plan (‘ERNIP’) available on 2 June 2021, the date of adoption of the revised Union-wide performance targets for RP3.

(16) In respect of the year 2020, 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, in so far as 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, it is not possible to modify retroactively, in the revised draft performance plans, the local environment performance targets for year 2021 set by Member States in the draft performance plans submitted in October 2021. Therefore, the consistency of the local environment performance targets with the corresponding Union-wide performance targets should be assessed with regard to the years 2022, 2023 and 2024.

(17) The performance targets in the key performance area of environment proposed by Greece 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: Greece 2022 2023 2024 Targets in the key performance area of environment, expressed as the average horizontal en route flight efficiency of the actual trajectory 1,92 % 1,92 % 1,92 % Reference values 1,92 % 1,92 % 1,92 %

(18) The Commission observes that the environment targets proposed by Greece are equal to the corresponding national reference values for each of the years 2022, 2023 and 2024.

(19) The Commission notes that, in its revised draft performance plan, Greece has presented measures for the achievement of the local environment targets which mainly fulfil already existing legal requirements under Union law and include a performance-based navigation transition plan, air traffic service route improvements and the implementation of a 24-hour free route airspace.

(20) Therefore, in the light of what has been said in recitals 17, 18 and 19, the targets the key performance area of environment included in the revised draft performance plan of Greece should be considered consistent with the Union-wide performance targets. Assessment of revised performance targets in the key performance area of capacity

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

(22) In respect of the year 2020, 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, in so far as the period for the application of that target had expired and its implementation had thus become definitive leaving no possibility for retroactive adjustments. Similarly, it is not possible to modify retroactively, in the revised draft performance plans, the local capacity performance targets for the year 2021 set by Member States in the draft performance plans submitted in October 2021. Therefore, the consistency of the local capacity performance targets with the corresponding Union-wide performance targets should be assessed with regard to the years 2022, 2023 and 2024.

(23) The following table sets out the initial RP3 draft en route capacity performance targets for the charging zone of Greece, as contained in the draft performance plan submitted in 2021, the revised performance targets included in the revised draft performance plan, and the corresponding reference values from the Network Operations Plan available on 2 June 2021, the time of adopting the revised Union-wide performance targets for RP3. Greece 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 0,26 0,20 0,20 Revised en route capacity targets (contained in the revised draft performance plan), expressed in minutes of ATFM delay per flight 0,14 0,15 0,15 Reference values 0,14 0,15 0,15

(24) The consistency of the revised en route capacity targets submitted by Greece has been assessed in accordance with 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 Greece are equal to the corresponding national reference values for each of the years 2022, 2023 and 2024.

(25) The Commission notes that Greece has presented measures for the achievement of the local en route capacity targets in its revised draft performance plan. Those measures include an increase in the number of air traffic controller full time equivalents by the end of RP3, the introduction of a new ATM system and the implementation of 24-hour free route airspace.

(26) The Commission considers that Greece 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.

(27) Therefore, in the light of what has been said in recitals 23 to 26, the targets in the key performance area of capacity included in the revised draft performance plan of Greece should be considered consistent with the Union-wide performance targets.

Review of capacity targets for terminal air navigation services

(28) With regard to airports which fall within the scope of Implementing Regulation (EU) 2019/317, the Commission has complemented its assessment of en route capacity targets by reviewing the capacity targets for terminal air navigation services in accordance with point 2.1.(b) of Annex IV to Implementing Regulation (EU) 2019/317.

(29) In Implementing Decision (EU) 2022/728, the Commission raised concerns regarding the terminal capacity targets proposed by Greece in the draft performance plan submitted in 2021, and considered that Greece should further justify those targets or revise them downwards.

(30) The Commission found that the terminal capacity targets of Greece remain unchanged in the revised draft performance plan. However, the Commission notes that Greece has duly justified and substantiated those performance targets, including by providing additional information on capacity enhancement measures to improve arrival ATFM delay performance during RP3. Furthermore, Greece reports that it has initiated a close collaboration with the Network Manager to improve arrival ATFM performance at several airports, including the airport of Athens. Having regard to the justifications provided by Greece, the Commission does not have any further observations on the terminal capacity targets contained in its revised draft performance plan.

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

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

(32) The following table sets out the initial RP3 en route cost-efficiency performance targets for the charging zone of Greece, as contained in the draft performance plan submitted in 2021, and the corresponding revised performance targets included in the revised draft performance plan submitted in 2022: En route charging zone of Greece 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) 31,37 EUR 23,20 EUR 40,71 EUR 32,60 EUR 33,12 EUR 32,93 EUR Revised en route cost-efficiency targets (included in the revised draft performance plan), expressed as determined en route unit cost (in real terms in 2017 prices) 31,37 EUR 23,20 EUR 40,71 EUR 27,86 EUR 26,96 EUR 27,98 EUR

(33) The Commission observes that Greece has revised its local cost-efficiency targets for the years 2022, 2023 and 2024. Those targets result, when compared to the draft performance plan submitted in 2021, in an overall determined unit cost (‘DUC’) which is 16,1 % lower over 2022, 2023 and 2024 and 11,6 % lower over RP3 as a whole. Those DUC reductions result both from the updated traffic assumptions used in the revised draft performance plan for the years 2022, 2023 and 2024 and from the downward revision of the determined costs, expressed in real terms in 2017 prices, for the years 2022, 2023 and 2024.

(34) 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. The changes to the traffic forecast for the years 2022, 2023 and 2024 are presented in the following table: En route charging zone of Greece 2022 2023 2024 Initial traffic forecast (contained in the draft performance plan submitted in 2021), expressed in thousands of en route service units 5 445 5 888 6 140 Updated traffic forecast (included in the revised draft performance plan), expressed in thousands of en route service units 5 861 6 584 6 781 Difference +7,6 % +11,8 % +10,4 %

(35) The revised determined costs for the years 2022, 2023 and 2024, expressed in real terms in 2017 prices, are set out in the following table: En route charging zone of Greece 2022 2023 2024 Initial determined costs in real terms in 2017 prices (contained in the draft performance plan submitted in 2021) 178 M EUR 195 M EUR 202 M EUR Revised determined costs in real terms in 2017 prices (included in the revised draft performance plan) 163 M EUR 178 M EUR 190 M EUR Difference -8,0 % -9,0 % -6,1 %

(36) The revised draft performance plan comprises an updated inflation forecast for Greece for the years 2022, 2023 and 2024, as laid down in the following table: En route charging zone of Greece 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) 102,3 (0,8 %) 103,3 (1,0 %) 104,9 (1,6 %) Revised inflation index, with year-on-year change in inflation in parenthesis (data included in the revised draft performance plan) 106,5 (4,5 %) 107,9 (1,3 %) 109,7 (1,6 %)

(37) Even though the updated inflation forecast is higher, the Commission observes that Greece revised downwards the nominal determined costs for the years 2022, 2023 and 2024, as follows; En route charging zone of Greece 2022 2023 2024 Initial determined costs in nominal terms (contained in the draft performance plan submitted in 2021) 181 M EUR 200 M EUR 210 M EUR Revised determined costs in nominal terms (included in the revised draft performance plan) 172 M EUR 189 M EUR 204 M EUR Difference -4,8 % -5,5 % -2,6 %

(38) The Commission has assessed the consistency of the revised cost-efficiency targets proposed by Greece in accordance with points 1.4(a), (b) and (c) of Annex IV to Implementing Regulation (EU) 2019/317.

(39) As regards 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 +4,8 % 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 +9,1 % calculated on the basis of the draft performance plan of Greece submitted in 2021.

(40) As regards 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 the second reference period (‘RP2’) and RP3 of -1,3 % meets the long-term Union-wide trend of -1,3 % over the same period. The Commission notes that this constitutes an improvement from the DUC trend of +0,5 % calculated on the basis of the draft performance plans submitted in 2021.

(41) As regards point 1.4(c) of Annex IV to Implementing Regulation (EU) 2019/317, the Commission observes that the EUR 23,20 baseline value for the DUC of Greece expressed in 2017 prices is 18,9 % lower than the EUR 28,59 average baseline value in EUR2017 of the relevant comparator group.

(42) As specified in recital 40, it is clear that Greece’s revised cost-efficiency targets result in a long-term DUC trend over RP2 and RP3 which meets the corresponding Union-wide trend. Furthermore, the 2019 Greek baseline value is lower than the corresponding comparator group average by a considerable margin. Finally, the Commission notes that Greece has revised downwards 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, in respect of Greece, the deviation from the Union-wide RP3 DUC trend does not preclude the cost-efficiency performance targets from being consistent with the Union-wide cost-efficiency performance targets.

(43) The Commission therefore notes that Greece has adequately addressed the recommendations set out in Article 3 of Implementing Decision (EU) 2022/728.

(44) Therefore, in the light of what has been said in recitals 32 to 43, the targets in the key performance area of cost-efficiency included in the revised draft performance plan of Greece should be considered consistent with the Union-wide performance targets.

Review of revised cost-efficiency targets for terminal air navigation services

(45) With regard to airports which fall within the scope of Implementing Regulation (EU) 2019/317 as set out in Articles 1(3) and (4) of that Regulation, the Commission has complemented its assessment of the en route cost-efficiency targets by reviewing the cost-efficiency targets for terminal air navigation services in accordance with point 2.1(c) of Annex IV to Implementing Regulation (EU) 2019/317.

(46) In Implementing Decision (EU) 2022/728, the Commission raised concerns regarding the terminal cost-efficiency targets proposed by Greece in the draft performance plan submitted in 2021, and considered that Greece was to further justify those targets or revise them downwards. The Commission notes that Greece has revised those targets downwards for the years 2022 and 2023 and upwards for the year 2024, without providing due justifications.

(47) The Commission observes that the terminal DUC trend of Greece of +7,7 % over RP3 remains higher than the actual terminal DUC trend of -3,9 % observed over RP2. Furthermore, the terminal RP3 DUC trend has worsened and is higher than the terminal DUC trend of +6,8 % observed in the draft performance plan of Greece submitted in 2021.

(48) Therefore, in the light of what has been said in recitals 46 and 47, the Commission concludes that the revised terminal cost-efficiency performance targets of Greece continue to give rise to concerns. The Commission therefore reiterates its view that Greece should revise downwards those targets or provide adequate justifications for those targets, including for the additional cost increases applied in the year 2024. The Commission invites Greece to address those concerns in connection with the adoption of its final performance plan in accordance with Article 16, point (a) of Implementing Regulation (EU) 2019/317.

Review of the incentive schemes referred to in Article 11 of Implementing Regulation (EU) 2019/317 complementing the Commission’s assessment of capacity targets

(49) In accordance with point 2.1(f) of Annex IV to Implementing Regulation (EU) 2019/317, the Commission has complemented its assessment of capacity targets by reviewing the incentive schemes referred to in Article 11 of Implementing Regulation (EU) 2019/317. In that respect, the Commission has examined whether the proposed incentive schemes fulfil the substantive requirements set out in Article 11(1) and (3) of Implementing Regulation (EU) 2019/317.

(50) In Implementing Decision (EU) 2022/728, the Commission concluded that Greece is to revise its incentive schemes for achieving en route and terminal capacity targets in such a way that the maximum financial disadvantage stemming from those incentive schemes is set at a level having a material impact on the revenue at risk. The Commission notes that Greece has revised its incentive schemes for achieving en route and terminal capacity targets by setting the resulting maximum financial disadvantage at a level equal to 2 % and 1,5 % of determined costs respectively. That revision duly addresses the findings raised by the Commission in Implementing Decision (EU) 2022/728. The Commission does not have any further observations on the incentive schemes included in the revised draft performance plan of Greece.

CONCLUSIONS

(51) In the light of all the foregoing, the Commission finds that the performance targets included in the revised draft performance plan submitted by Greece are consistent with the Union-wide performance targets,

HAS ADOPTED THIS DECISION:

Article 1 The performance targets included in the revised draft performance plan submitted by Greece 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 Hellenic Republic.

Done at Brussels, 5 December 2022. For the Commission Adina 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).