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 (notified under document C(2022) 2283) (Only the Dutch, English, French, German, Greek, Latvian, Maltese, Romanian and Swedish texts are authentic) (Text with EEA relevance)

The 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, listed in the Annex to this Decision, are inconsistent with the Union-wide performance targets for the third reference period (‘RP3’) set out in Implementing Decision (EU) 2021/891.

Cyprus and Greece shall revise downwards their draft en route capacity targets, expressed as the average minutes of en route air traffic flow management delay per flight. The Member States concerned shall address the observed deviations between the submitted draft capacity targets and the corresponding reference values set out in the Network Operations Plan of September 2021 in respect of calendar years 2022, 2023 and 2024 of RP3 in order to accommodate the anticipated traffic demand. Where the Network Operations Plan recommends specific measures to improve capacity performance, account shall be taken of those measures when revising the performance targets.

Belgium, Greece, Cyprus, Latvia, Luxembourg, Malta, Romania, and Sweden shall revise downwards the draft cost-efficiency targets set for their en route charging zones, expressed as determined unit cost (DUC). When revising their draft cost-efficiency targets, all the Member States concerned shall: (a) ensure that the revised cost-efficiency targets are consistent both with the Union-wide DUC trend and with the Union-wide long-term DUC trend; (b) reduce the level of determined costs accordingly, at least in respect of calendar year 2024; (c) use the latest traffic forecasts, expressed in service units, in accordance with Article 10(2) of Implementing Regulation (EU) 2019/317. By way of derogation from point (a), where the Commission has found in this Decision that the baseline value of the relevant en route charging zone fulfils the criterion laid down in point 1.4(c) of Annex IV to Implementing Regulation (EU) 2019/317, the Member State concerned shall ensure that the revised cost-efficiency targets are consistent at least with the Union-wide DUC trend or with the Union-wide long-term DUC trend. Where a Member State invokes in its revised draft performance plan a deviation under point 1.4(d) of Annex IV to Implementing Regulation (EU) 2019/317, it shall ensure that such a deviation is substantiated with adequate information and justifications.

This Decision is addressed to the Kingdom of Belgium, the Federal Republic of Germany, the Hellenic Republic, the French Republic, the Republic of Cyprus, the Republic of Latvia, the Grand Duchy of Luxembourg, the Republic of Malta, the Kingdom of the Netherlands, Romania, and the Kingdom of Sweden.