EN Official Journal of the European Union L 337/68

COMMISSION IMPLEMENTING DECISION (EU) 2017/2376

of 15 December 2017

amending Implementing Decision (EU) 2015/348 as regards the consistency of the revised targets in the key performance area of cost-efficiency included in the amended national or functional airspace block plans submitted by Malta, Bulgaria and Poland

(notified under document C(2017) 8433)

(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 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)(c) thereof,

Having regard to Commission Implementing Regulation (EU) No 390/2013 of 3 May 2013 laying down a performance scheme for air navigation services and network functions (2), and in particular Article 14(2) thereof,

Whereas:

(1) In accordance with Regulation (EC) No 549/2004, the Member States are to adopt national or functional airspace block (‘FAB’) plans, including binding national targets or targets at the level of FABs, ensuring consistency with the Union-wide performance targets. Regulation (EC) No 549/2004 also provides that the Commission is to assess the consistency of those targets on the basis of the assessment criteria referred to in point (d) of Article 11(6) of that Regulation. Detailed rules in this regard have been set out in Implementing Regulation (EU) No 390/2013.

(2) Following the assessment of the performance plans, the Commission adopted Implementing Decision (EU) 2015/348 (3) which established, inter alia, that the targets in the key performance area of cost-efficiency included in the performance plans submitted by Malta, Bulgaria and Poland were consistent with the Union-wide performance targets for the second reference period (2015-2019).

(3) The Commission subsequently adopted Commission Implementing Decision (EU) 2017/1985 (4), allowing those Member States, upon their request, to revise their targets in the key performance area of cost-efficiency for the years 2017, 2018 and 2019, in accordance with Article 17(1) of Implementing Regulation (EU) No 390/2013.

(4) On that basis, Malta, Bulgaria and Poland each revised those targets and amended their performance plans accordingly and submitted them to the Commission with the request to allow for the revision in 2016.

(5) The Commission assessed those amended plans and, in particular, the revised targets, in accordance with Article 14 of Implementing Regulation (EU) No 390/2013. The consistency of the targets in the key performance area of cost-efficiency, expressed in en route determined unit costs, with the Union-wide targets has been assessed in accordance with the principles laid down in point 5, in conjunction with point 1, of Annex IV to Implementing Regulation (EU) No 390/2013, by taking account of, in particular, the trend of en route determined unit costs over the second reference period in relation to the targeted reduction of 3,3 % per year on average and over the combined period of the first and the second reference period (2012-2019) in relation to the targeted reduction of 1,7 % per year on average, as well as the level of en route determined unit costs in comparison to Member States having a similar operational and economic environment.

(6) As regards Malta, the assessment showed that the revised targets are based on a planned reduction of its en route determined unit costs over the second reference period by 3 % per year on average. This is marginally below the targeted reduction of the average Union-wide en route determined unit costs over that period. However, over the combined period of the first and the second reference period the planned en route determined unit costs decrease at a higher rate (– 4,6 %) than the the Union-wide target. Furthermore, Malta's revised target for 2019 is based on planned en route determined unit costs that are significantly below (40,4 %) the average en route determined unit costs of Member States having a similar operational and economic environment to the one of Malta. The Commission therefore considers that the revised targets of Malta for the years 2017, 2018 and 2019 are consistent with the Union-wide targets in the key performance area of cost-efficiency for the second reference period.

(7) As regards Bulgaria, the assessment showed that the revised targets are based on a planned reduction of its en route determined unit costs over the second reference period by 1,1 % per year on average. This is below the targeted reduction of the average Union-wide en route determined unit costs over that period. However, over the combined period of the first and the second reference period the planned en route determined unit costs decrease at a higher rate (– 2,3 %) than the Union-wide target. Furthermore, Bulgaria's revised target for 2019 is based on planned en route determined unit costs that are below (3,0 %) the average en route determined unit costs of Member States having a similar operational and economic environment to the one of Bulgaria. The Commission therefore considers that the revised targets of Bulgaria for the years 2017, 2018 and 2019 are consistent with the Union-wide targets in the key performance area of cost-efficiency for the second reference period.

(8) As regards Poland, the assessment showed that the revised targets are based on a planned reduction of its en route determined unit costs over the second reference period by 0,1 % per year on average. This is below the targeted reduction of the average Union-wide en route determined unit costs over that period. Over the combined period of the first and the second reference period the planned en route determined unit costs increase (+ 1,4 % per year on average). However, Poland's revised target for 2019 is based on planned en route determined unit costs that are significantly below (14,9 %) the average en route determined unit costs of Member States having a similar operational and economic environment to the one of Poland. Considering that favourable level of en route determined unit costs, and taking into account the specific circumstances which explain the unfavourable trend of en route determined unit costs, notably the taking of necessary measures related to safety, the Commission considers that, on balance, the revised targets of Poland for the years 2017, 2018 and 2019 are consistent with the Union-wide targets in the key performance area of cost-efficiency for the second reference period.

(9) Implementing Decision (EU) 2015/348 should therefore be amended, so as to take account of the revised targets of Bulgaria, Malta and Poland.

HAS ADOPTED THIS DECISION:

Article 1

The Annex to Implementing Decision (EU) 2015/348 is replaced by the Annex to this Decision.

Article 2

This Decision is addressed to the Member States.

Done at Brussels, 15 December 2017. For the Commission Violeta BULC Member of the Commission

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

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

(3) Commission Implementing Decision (EU) 2015/348 of 2 March 2015 concerning the consistency of certain targets included in the national or functional airspace block plans submitted pursuant to Regulation (EC) No 549/2004 of the European Parliament and of the Council with the Union-wide performance targets for the second reference period (OJ L 60, 4.3.2015, p. 55).

(4) Commission Implementing Decision (EU) 2017/1985 of 31 October 2017 allowing targets in the key performance area of cost-efficiency for the years 2017, 2018 and 2019 for air navigation services of Malta, Bulgaria, and Poland to be revised in accordance with Article 17(1) of Implementing Regulation (EU) No 390/2013 (OJ L 287, 4.11.2017, p. 28).