Commission Implementing Decision (EU) 2025/1040 of 16 May 2025 on the inconsistency of certain performance targets included in the draft national and functional airspace block performance plans submitted by Belgium, Denmark, Germany, Estonia, Ireland, Greece, France, Latvia, Luxembourg, the Netherlands and Slovakia pursuant to Regulation (EC) No 549/2004 of the European Parliament and of the Council with the Union-wide performance targets for the fourth reference period of the Single European Sky performance and charging scheme (notified under document C(2025) 2930)

The performance targets listed in the Annex to this Decision, which are included in the draft functional airspace block performance plan submitted by Belgium, Germany, France, Luxembourg and the Netherlands, and in the draft national performance plans submitted by Denmark, Estonia, Ireland, Greece, Latvia and Slovakia, are inconsistent with the Union-wide performance targets for the fourth reference period (‘RP4’) set out in Implementing Decision (EU) 2024/1688.

Greece shall revise its en route capacity targets for 2025 and 2026, expressed as the average minutes of en route air traffic flow management delay per flight, to make them consistent with the Union-wide performance targets in the key performance area of capacity set out in Article 4 of Implementing Decision (EU) 2024/1688. Where the Network Operations Plan of 2 July 2024 drawn up in accordance with Article 9 of Commission Implementing Regulation (EU) 2019/123 recommends specific additional measures to improve capacity performance, account shall be taken of those measures when revising the capacity performance targets referred to in the first paragraph.

Belgium, Denmark, Germany, Estonia, Ireland, Greece, Latvia, Luxembourg, the Netherlands and Slovakia shall revise downwards the cost-efficiency targets set for their en route charging zones, expressed as determined unit cost (DUC). When revising their cost-efficiency targets, those Member States 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, referred to, respectively, in point 1.4(a) and (b) of Annex IV to Implementing Regulation (EU) 2019/317; (b) reduce the level of determined costs accordingly, in particular in respect of calendar year 2029; (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 the first paragraph, point (a), where 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 to be submitted in accordance with Article 14(3), second subparagraph, of Implementing Regulation (EU) 2019/317, a deviation under point 1.4(d) of Annex IV to that Implementing Regulation, it shall ensure that such a deviation is substantiated with adequate information and justifications. In particular, the Member State concerned shall demonstrate that any measures invoked to justify a deviation from Union-wide cost-efficiency targets relate solely to additional operational resources or technical capabilities necessary to meet the capacity targets.

This Decision is addressed to the Kingdom of Belgium, the Kingdom of Denmark, the Federal Republic of Germany, the Republic of Estonia, Ireland, the Hellenic Republic, the French Republic, the Republic of Latvia, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands and the Slovak Republic.