12.5.2022
EN
Official Journal of the European Union
L 135/19
(123) As regards 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 determined unit cost trend of Malta at charging zone level of +2,0 % per year over RP3 underperforms the Union-wide trend of +1,0 % over the same period.
(124) As regards 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 determined unit cost trend of Malta at charging zone level over RP2 and RP3 of +1,6 % per year underperforms the long-term Union-wide trend of -1,3 % over the same period.
(125) As regards 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 determined unit cost of EUR 22,98 of Malta in EUR2017 is 19,7 % lower than the average baseline value of EUR 28,64 in EUR2017 of the relevant comparator group.
The Commission notes that the determined en route unit cost of Malta for 2024 will continue to be lower by 22,1 % than the average of the comparator group.
(126) Furthermore, it is necessary to examine whether the deviations observed above from the criteria set out in points 1.4 (a) and 1.4(b) of Annex IV to Implementing Regulation (EU) 2019/317 may be deemed necessary and proportionate under point 1.4(d) of that Annex.
(127) The Commission notes that the difference estimated by the performance review body between the RP3 determined en route costs reported in the draft performance plan of Malta and the determined costs that would be required to meet the RP3 Union-wide determined unit cost trend is approximately EUR 1 M in EUR2017, whilst a corresponding deviation from the long-term Union-wide trend amounts to approximately EUR 5,8 M in EUR2017.
(128) In respect of the criterion set out in point 1.4(d)(i) of Annex IV to Implementing Regulation (EU) 2019/317, Malta has presented in its draft performance plan certain measures and investments related to the achievement of capacity targets.
(129) In particular, the Commission observes that by 2024 MATSA plans to employ four technical specialists as air traffic safety electronics personnel and five air traffic controllers.
The new air traffic controllers will however start with a Tower rating and the related staff costs are therefore planned to be initially mostly allocated to terminal air navigation services.
The Commission also notes that, from 2023, MATSA plans to increase staff remunerations following a two-year salary freeze collectively agreed with its staff in order to save costs during the pandemic.
(130) The Commission notes that MATSA plans to increase other operating costs for the purpose of improving staff competency and providing training in order to enable the delivery of future capacity.
The Commission also observes that MATSA reports that higher insurance premiums and inflation are other key drivers of additional other operating costs.
(131) The performance review body reports that MATSA plans to significantly increase its depreciation costs over RP3.
However, the Commission received no evidence that the increase in depreciation costs can be justified due to capacity related measures, since the draft performance plan of Malta does not provide any details on the contribution to capacity of the new investments planned in RP3.
(132) The Commission considers that an increase in the number of staff of the ANSP in order to accommodate future expected capacity could be a valid reason for a deviation under point 1.4(d)(i) of Annex IV to Implementing Regulation (EU) 2019/317 with regard to Malta.
However, because of insufficient information in the draft performance plan, the Commission has not been able to establish whether the reported increases in staff salaries and the planned investments in fixed assets are necessary and proportionate in view of achieving the local capacity targets, and could hence be invoked to justify a deviation from the Union-wide DUC trends.
(133) The Commission therefore considers that Malta has not adequately demonstrated that the deviations referred to in recitals 128 to 132 could be exclusively attributed to additional determined costs related to measures necessary to achieve the local performance targets in the key performance area of capacity.
Consequently, the criterion set out in point 1.4(d)(i) of Annex IV to Implementing Regulation (EU) 2019/317 is not fulfilled in respect of Malta.