L 25/76
EN
Official Journal of the European Union
27.1.2023
Review of cost-efficiency targets for terminal air navigation services (38)
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.
It was found that those targets do not raise concerns in respect of France.
Review of the incentive schemes referred to in Article 11 of Implementing Regulation (EU) 2019/317 complementing the Commission’s assessment of capacity targets (39)
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.
(40)
In Implementing Decision (EU) 2022/728, the Commission concluded that France 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, however, notes that France has not made any changes to those incentive schemes in comparison with the draft FABEC performance plan submitted in 2021 and the revised draft FABEC performance plan submitted on 13 July 2022.
(41)
Therefore, in the light of recital 40, the Commission concludes that the incentive schemes set out in the revised draft national performance plan continue to give rise to concerns.
The Commission therefore reiterates its view that France should revise, in connection with the adoption of its final performance plan in accordance with Article 16, point (a) of Implementing Regulation (EU) 2019/317, its incentive schemes for achieving en route and terminal capacity targets in such a way that the maximum financial disadvantages stemming from those incentive schemes are set at a level having a material impact on the revenue at risk, as expressly required by Article 11(3), point (a) of Implementing Regulation (EU) 2019/317, which in the Commission’s view should lead to a maximum financial disadvantage equal to or higher than 1 % of determined costs.
CONCLUSIONS
(42)
In the light of all the foregoing, the Commission finds that the performance targets included in the revised draft national performance plan submitted by France 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 France on 28 October 2022, 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 French Republic.