THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EC) No 549/2004 of the European Parliament and of the Council of 10 March 2004 laying down the framework for the creation of the single European sky (the framework Regulation) (1), and in particular Article 11(3) point (c) thereof,
Having regard to Regulation (EU) 2024/2803 of the European Parliament and of the Council of 23 October 2024 on the implementation of the Single European Sky (2), and in particular Article 58(3) thereof,
Having regard to Commission Implementing Regulation (EU) 2019/317 of 11 February 2019 laying down a performance and charging scheme in the single European sky and repealing Implementing Regulations (EU) No 390/2013 and (EU) No 391/2013 (3), and in particular Article 14(2) thereof,
Whereas:
GENERAL CONSIDERATIONS
(1) Pursuant to Article 11 of Regulation (EC) No 549/2004, Member States are to draw up plans, either at national level or at the level of functional airspace blocks (‘FABs’), including performance targets, for each reference period of the performance and charging scheme for air navigation services and network functions. Those plans are to include local performance targets which are consistent with the Union-wide performance targets for the reference period concerned.
(2) The Union-wide performance targets for the fourth reference period (‘RP4’, 2025-2029) were set out in Commission Implementing Decision (EU) 2024/1688 (4).
(3) All Member States have drawn up and adopted draft performance plans for RP4, which were submitted to the Commission for assessment by 1 October 2024. Following the verification of completeness of those draft performance plans, the Commission requested Member States to submit updated draft performance plans by 15 November 2024.
(4) The Commission’s assessment presented in this Decision is based on the updated draft performance plan for RP4 submitted by Spain (‘the draft performance plan’).
(5) The Performance Review Body (‘PRB’), assisting the Commission in the implementation of the performance scheme, has submitted to the Commission a report containing its advice on the assessment of the draft performance plans.
(6) In accordance with Article 14(1) of Implementing Regulation (EU) 2019/317, the Commission has assessed the consistency of the local performance targets included in the draft performance plan on the basis of the criteria laid down in point 1 of Annex IV to that Implementing Regulation, and taking account of local circumstances where relevant.
(7) The Commission has complemented its assessment of the draft performance plan with a review of the elements set out in point 2 of Annex IV to that Implementing Regulation. In respect of point 2.1(d)(vii) of Annex IV to Implementing Regulation (EU) 2019/317, the Commission notes that it has not conducted, as part of that review, a detailed analysis of the methodology used by Spain for the allocation of costs between en route and terminal services in RP4. Therefore, the Commission has not drawn any conclusions, at this stage, in respect of the compliance of that cost allocation methodology with points (e) and (f) of Article 15(2) Regulation (EC) No 550/2004 of the European Parliament and of the Council (5) and Article 22(5) of Implementing Regulation (EU) 2019/317.
COMMISSION ASSESSMENT
Assessment of the safety targets
(8) As regards the key performance area of safety, the consistency of the targets included in the draft performance plan has been assessed in accordance with point 1.1 of Annex IV to Implementing Regulation (EU) 2019/317.
(9) The performance targets in the key performance area of safety proposed by Spain in respect of the effectiveness of safety management, broken down per safety management objective and expressed as a level of implementation, are as follows:
Spain
Targets on the effectiveness of safety management, expressed as a level of implementation, ranging from EASA level A to D
Air navigation service provider
Safety management objective
2025
2026
2027
2028
2029
ENAIRE
Safety policy and objectives
C
C
C
C
C
Safety risk management
C
C
C
C
D
Safety assurance
C
C
C
C
C
Safety promotion
C
C
C
C
C
Safety culture
C
C
C
C
C
(10) The Commission has found that the safety performance targets proposed by Spain for the air navigation service provider ‘ENAIRE’ are equal to the Union-wide safety targets for each calendar year from 2025 to 2029 for each safety management objective, except for the ‘safety risk management’ objective for which the level of the Union-wide target is planned to be reached in year 2029.
(11) The Commission notes that the draft performance plan sets out measures for ENAIRE for the achievement of the local safety targets, such as the conduct of safety culture surveys, the sharing of safety-related data with relevant stakeholders, and participation in international operational safety working groups.
(12) The safety targets proposed by Spain for the providers of terminal air navigation services in the scope of the draft performance plan, namely ‘Skyway’ and ‘EA’, are also in line with the Union-wide performance targets. The Commission further notes that Spain has set out measures for the achievement of their safety performance targets.
(13) On the basis of the findings set out in recitals (9) to (12) and considering that the Union-wide safety performance targets set in Implementing Decision (EU) 2024/1688 must be achieved by the final year of RP4, that is, 2029, the local safety performance targets included in the draft performance plan should be considered consistent with the Union-wide performance targets.
Assessment of the environment targets
(14) As regards the key performance area of environment, the consistency of the targets included in the draft performance plan regarding the average horizontal en route flight efficiency of the actual trajectory has been assessed based on the criterion laid down in point 1.2 of Annex IV to Implementing Regulation (EU) 2019/317. Accordingly, the proposed environment targets of Spain have been compared to the relevant en route horizontal flight efficiency reference values set out in the European Route Network Improvement Plan (‘ERNIP’), drawn up in accordance with Annex I to Commission Implementing Regulation (EU) 2019/123 (6) and available at the time of adopting the Union-wide performance targets for RP4, that is on 2 July 2024.
(15) The environment performance targets proposed by Spain for RP4 and the corresponding national reference values from the ERNIP, expressed as the average horizontal en route flight efficiency of the actual trajectory, are as follows:
Spain
2025
2026
2027
2028
2029
Targets in the key performance area of environment, expressed as the average horizontal en route flight efficiency of the actual trajectory
2,86 %
2,82 %
2,79 %
2,75 %
2,74 %
Reference values
2,86 %
2,82 %
2,79 %
2,75 %
2,74 %
(16) The Commission observes that the environment targets proposed by Spain are equal to the corresponding national reference values for each calendar year of RP4.
(17) On the basis of the findings set out in recitals (15) and (16), the targets in the key performance area of environment included in the draft performance plan should be considered consistent with the Union-wide performance targets for RP4.
(18) The Commission notes that Spain has presented, in the draft performance plan, measures for the achievement of the local environment targets which include the implementation of enhanced cross-border free route airspace, the promotion of continuous descent and climb operations, and participation in European initiatives fostering improved flight efficiency.
(19) However, having regard to the PRB’s findings, the Commission has doubts whether the measures presented by Spain in the draft performance plan for the achievement of the environment performance targets are adequate to enable those targets to be effectively reached. In particular, it is noted that Spain has not expressly committed, in the draft performance plan, to the implementation of the operational measures set out in the ERNIP.
(20) Therefore, the Commission considers that, in connection with the adoption of its final performance plan in accordance with Article 16, point (a) of Implementing Regulation (EU) 2019/317, Spain should strengthen the measures for the achievement of its environment targets for RP4 presented in the draft performance plan, including by committing to all the operational measures set out in the ERNIP.
Assessment of the capacity targets
(21) As regards the key performance area of capacity, the consistency of the targets included in the draft performance plan regarding the average en route air traffic flow management (‘ATFM’) delay per flight has been assessed based on the criterion laid down in point 1.3 of Annex IV to Implementing Regulation (EU) 2019/317. Accordingly, the proposed en route capacity targets of Spain have been compared to the relevant reference values set out in the Network Operations Plan drawn up in accordance with Article 9 of Implementing Regulation (EU) 2019/123 and available at the time of adopting the Union-wide performance targets for RP4, that is on 2 July 2024.
(22) The en route capacity targets proposed by Spain for RP4, expressed in minutes of ATFM delay per flight, and the corresponding reference values from the Network Operations Plan, are as follows:
Spain
2025
2026
2027
2028
2029
Targets in the key performance area of capacity, expressed in minutes of en route ATFM delay per flight
0,38
0,29
0,24
0,21
0,21
Reference values
0,38
0,29
0,24
0,21
0,21
(23) The Commission observes that the en route capacity targets proposed by Spain are equal to the corresponding national reference values for each calendar year of RP4.
(24) The Commission notes that Spain has presented, in the draft performance plan, measures for the achievement of its en route capacity targets. Those measures include the hiring of additional air traffic control officers (‘ATCOs’), improvements in the rostering system for ATCOs, the re-evaluation and adaptation of sector capacities, and the modernisation of the current air traffic management system.
(25) On the basis of the findings set out in recitals (22) to (24), the targets in the key performance area of capacity included in the draft performance plan of Spain should be considered consistent with the Union-wide performance targets for RP4.
(26) However, having regard to the findings of the PRB and considering the degraded actual capacity performance recorded for year 2024, the Commission considers that Spain should accelerate the implementation of the capacity-enhancement measures set out in the draft performance or should strengthen those measures, in order to support the achievement of its capacity performance targets for RP4. Such modifications should be included by Spain in its final performance plan to be adopted in accordance with Article 16, point (a) of Implementing Regulation (EU) 2019/317.
Review of the capacity targets for terminal air navigation services
(27) In accordance with point 2.1(b) of Annex IV to Implementing Regulation (EU) 2019/317, the Commission has complemented its assessment of the draft performance plan by reviewing the capacity performance targets for terminal air navigation services set in respect of the airports referred to in Articles 1(3) and (4) of that Implementing Regulation. It was found that those targets do not give rise to concerns.
Assessment of the cost-efficiency targets
(28) As regards the key performance area of cost-efficiency, the consistency of the targets included in the draft performance plan regarding the determined unit cost (‘DUC’) for en route air navigation services has been assessed based on the criteria laid down in points 1.4(a), (b) and (c) of Annex IV to Implementing Regulation (EU) 2019/317. Those criteria consist of the DUC trend over RP4, the long-term DUC trend over the third reference period (‘RP3’) and RP4 (2020-2029), and the baseline value for the DUC at charging zone level compared with the average value of the charging zones where air navigation service providers have a similar operational and economic environment.
(29) The en route cost-efficiency targets proposed by Spain for the Spain Continental and Spain Canarias charging zones for RP4, and the related baseline values, are as follows:
En route charging zones of Spain
2019 baseline value
2024 baseline value
2025
2026
2027
2028
2029
Targets of and baseline values of the ‘Spain Continental’ charging zone in the key performance area of cost-efficiency, expressed as determined unit cost (in real terms at 2022 prices)
EUR 57,69
EUR 53,71
EUR 55,10
EUR 55,09
EUR 54,48
EUR 53,25
EUR 51,55
Targets and baseline values of the ‘Spain Canarias’ charging zone in the key performance area of cost-efficiency, expressed as determined unit cost (in real terms at 2022 prices)
EUR 57,93
EUR 52,54
EUR 52,63
EUR 53,56
EUR 53,77
EUR 53,28
EUR 51,92
(30) Concerning the assessment criterion set out in point 1.4(a) of Annex IV to Implementing Regulation (EU) 2019/317, the Commission observes that Spain’s DUC trends over RP4 at the charging zone levels of Spain Continental and Spain Canarias of -0,8 % and -0,2 % respectively underperform the Union-wide trend of -1,2 % over the same period.
(31) Concerning the assessment criterion set out in point 1.4(b) of Annex IV to Implementing Regulation (EU) 2019/317, the Commission observes that Spain’s long-term DUC trends at the charging zone levels over RP3 and RP4 of Spain Continental and Spain Canarias, both amounting to -1,2 %, outperform the long-term Union-wide trend of -1,0 % over the same period.
(32) Concerning the assessment criterion set out in point 1.4(c) of Annex IV to Implementing Regulation (EU) 2019/317, the Commission observes that Spain’s baseline value for the DUC of EUR 53,55 in real terms at 2022 prices (‘EUR2022’) is 17,3 % lower than the average baseline value of EUR 64,78 in EUR2022 of the relevant comparator group set out in Article 7 Implementing Decision (EU) 2024/1688.
(33) It is clear that Spain’s long-term DUC trends outperform the corresponding Union-wide trend and that Spain demonstrates a good cost-efficiency performance in respect of the baseline value for 2024, which is lower than the corresponding comparator group average. Furthermore, Spain’s cost-efficiency targets lead to a reduction of the DUC over RP4 for both of its charging zones. Therefore, the Commission considers that the limited deviations from the Union-wide DUC trend for RP4 referred to in recital (30) do not preclude Spain’s cost-efficiency performance targets from being consistent with the Union-wide cost-efficiency performance targets.
(34) On the basis of the findings set out in recitals (29) to (33), the targets in the key performance area of cost-efficiency included in the draft performance plan should be considered consistent with the Union-wide performance targets for RP4.
Review of the cost-efficiency targets for terminal air navigation services
(35) In accordance with point 2.1(c) of Annex IV to Implementing Regulation (EU) 2019/317, the Commission has complemented its assessment of the draft performance plan by reviewing the cost-efficiency performance targets for terminal air navigation services set in respect of the airports referred to in Articles 1(3) and (4) of that Implementing Regulation. It was found that those targets do not give rise to concerns.
CONCLUSIONS
(36) In the light of the foregoing, the performance targets included in the draft performance plan of Spain should be considered consistent with the Union-wide performance targets for RP4,
HAS ADOPTED THIS DECISION: