COMMISSION IMPLEMENTING REGULATION (EU) 2020/1627 of 3 November 2020 on exceptional measures for the third reference period (2020-2024) of the single European sky performance and charging scheme due to the COVID-19 pandemic - text published in the Official Journal of the European Union

Objective

This Regulation establishes exceptional measures to be applied for the third reference period (RP3) of the SES performance and charging scheme established in Implementing Regulation (EU) 2019/317.

Note: The rules set out in Regulation 2019/317 apply, unless this Regulation specifically provides for otherwise.

Summary

EU Member States have already submitted to the European Commission their draft performance plans for RP3 in 2019. The Commission then carried out an assessment of the consistency of those with the Union-wide performance targets. However, both the plans and the targets were drawn up before the outbreak of the COVID-19 pandemic and hence do not take account of the resulting significantly changed circumstances for air transport. In order to alleviate the pandemic impact, it is necessary to apply specific provisions for 2020 and 2021. This is made by way of derogation from the provisions of Regulation 2019/317 and can be summarised as follows:

• Revised Union-wide performance targets. The Commission shall set revised Union-wide performance targets for RP3 by 1 May 2021. Therefore, national supervisory authorities (NSAs) shall provide it with cost data and traffic forecasts covering RP3, by 15 December 2020. The revised Union-wide performance targets shall also include performance targets for the key performance indicator (KPI) ‘determined unit cost’ as stated below.
• Submission and assessment of draft performance plans. EU Member States shall submit draft performance plans containing revised performance targets by 1 October 2021. These shall also include performance targets for the KPI as stated below. The incentive schemes shall cover only the calendar years 2022 to 2024 and produce financial effects in the form of carry-overs and subsequent unit rate adjustments only as from the first year following the adoption of the performance plan. The cost-efficiency performance targets in the adopted RP3 performance plans shall apply retroactively from the beginning of the reference period. The Network Manager shall submit a revised draft Network Performance Plan for RP3 not later than 1 October 2021.
• Derogations concerning the KPI for RP3. The KPI on the year-on-year change of the average Union-wide ‘determined unit cost’ (DUC) shall be defined as a combined value for 2020 and 2021, expressed as a percentage change from the Union-wide baseline value, i.e. a ratio between the total en route determined costs and the total en route service units. The KPI on the DUC for en route air navigation services at local level shall be defined as a combined value for 2020 and 2021. A single average DUC shall be calculated as a ratio between the total en route determined costs and the total en route service units.
• Calculation and setting of unit rates. Adjustments to unit rates for 2020 and 2021 shall be calculated on the basis of the determined costs for those 2 years and the revenue loss/gain resulting from the difference between the forecasted and actually recorded service units. Those 2 years shall be referred to as a single period and be treated as year n. The adjustments shall be made in 2023 and 2024. Adjustments shall be calculated on the basis of the draft performance plans. They shall be spread equally over 5 years, starting after the adoption of the performance plan. The NSA may decide to extend this time period to a maximum of 7 years.
• Additional reporting and monitoring. ANSPs shall submit, by 15 December 2020, a report to the NSA detailing the measures to address the impact of the COVID-19 pandemic. The NSA shall transmit the report to the European Commission. This information may be used for the purpose of the monitoring tasks specified in Regulation 2019/317.

Entry into Force

The Regulation entered into force in November 2020. As a matter of urgency, this happened on the day following the publication in the Official Journal of the European Union.

Regulation 2020/1627 amending Regulation No 29/2009 on data link services for the SES (OJ, 04.11.2020)

Further Reading

European Commission

• EUR-Lex Portal: Regulation 2020/1627 (available in different languages and file formats)
• Air Transport Portal of the European Commission - Single European Sky