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 Austria (‘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 Austria 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 Austria in respect of the effectiveness of safety management, broken down per safety management objective and expressed as a level of implementation, are as follows:
Austria
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
Austro Control
Safety policy and objectives
B
B
B
B
C
Safety risk management
B
B
B
C
D
Safety assurance
B
B
B
B
C
Safety promotion
B
B
B
B
C
Safety culture
B
B
B
B
C
(10) The Commission has found that the safety performance targets proposed by Austria for the air navigation service provider ‘Austro Control’ are equal to the Union-wide safety targets in respect of calendar year 2029.
(11) The Commission notes that the draft performance plan sets out measures for Austro Control for the achievement of the local safety targets, such as applying an integrated approach to safety risk management, enhancing cross-border safety cooperation, managing fatigue risk, and promoting training and awareness to foster safety culture.
(12) As observed in recitals (9) and (10), the local safety performance targets for 2029 included in the draft performance plan are in line with the corresponding Union-wide targets set in Implementing Decision (EU) 2024/1688. Therefore, those local safety performance targets should be considered consistent with the Union-wide performance targets for RP4.
(13) However, the intermediate targets for years 2025 to 2028 for all safety management objectives are observed to be abnormally low and insufficient for ensuring the subsequent achievement of the targets for 2029. Furthermore, such low intermediate targets are not justified in light of the actual performance of Austro Control in RP3 and the measures for achievement of the safety targets in RP4 referred to in recital (11).
(14) Therefore, Austria should address, in its final performance plan to be adopted pursuant to Article 16, point (a), of Implementing Regulation (EU) 2019/317, the findings set out in recital (13) by improving the targeted safety management levels for years 2025 to 2028.
Assessment of the environment targets
(15) 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 Austria 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.
(16) The environment performance targets proposed by Austria 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:
Austria
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
2,09 %
2,07 %
2,05 %
2,03 %
2,01 %
Reference values
2,09 %
2,07 %
2,05 %
2,03 %
2,01 %
(17) The Commission observes that the environment targets proposed by Austria are equal to the corresponding national reference values for each calendar year of RP4.
(18) The Commission notes that Austria has presented in the draft performance plan measures for the achievement of the local environment targets which include the implementation of cross-border Free Route Airspace with the Czech Republic, Hungary and Slovakia, and an initiative to foster adherence by airspace users to their filed flight plans.
(19) On the basis of the findings set out in recitals (16), (17) and (18), the targets in the key performance area of environment included in the draft performance plan of Austria should be considered consistent with the Union-wide performance targets for RP4.
Assessment of the capacity targets
(20) 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 capacity targets of Austria 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.
(21) The en route capacity targets proposed by Austria for RP4, expressed in minutes of ATFM delay per flight, and the corresponding reference values from the Network Operations Plan, are as follows:
Austria
2025
2026
2027
2028
2029
Targets in the key performance area of capacity, expressed in minutes of en route ATFM delay per flight
0,28
0,23
0,19
0,16
0,16
Reference values
0,28
0,23
0,19
0,16
0,16
(22) The Commission observes that the capacity targets proposed by Austria are equal to the corresponding national reference values for each calendar year of RP4.
(23) The Commission notes that Austria has presented, in the draft performance plan, measures for the achievement of its en route capacity targets. Firstly, those measures include the recruitment of new air traffic controllers (‘ATCOs’) enabling an increase of the number of ATCO full-time equivalents in service at the area control centre. Secondly, those measures comprise the implementation of a new ATM system, airspace restructuring, training and flexible rostering of staff, and the relocation of the area control centre of Wien.
(24) On the basis of the findings set out in recitals (21), (22) and (23), the targets in the key performance area of capacity included in the draft performance plan of Austria should be considered consistent with the Union-wide performance targets for RP4.
Review of the capacity targets for terminal air navigation services
(25) 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 give rise to concerns.
(26) When breaking down the terminal capacity targets at airport level, the Commission found that the proposed terminal capacity targets for RP4 result in a significantly worse level of ATFM delay per flight for Vienna airport than the level of performance of similar airports identified by the PRB.
(27) 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, Austria should further justify the terminal capacity targets for RP4 in light of the observations set out in recital (26), or should revise downwards those targets.
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 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 Austria for RP4, and the related baseline values, are as follows:
En route charging zone of Austria
2019 baseline value
2024 baseline value
2025
2026
2027
2028
2029
Targets and baseline values in the key performance area of cost-efficiency, expressed as determined unit cost (in real terms at 2022 prices)
EUR 72,18
EUR 53,66
EUR 54,40
EUR 53,61
EUR 53,32
EUR 53,65
EUR 52,63
(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 Austria’s DUC trend at charging zone level of -0,4 % over RP4 underperforms 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 Austria’s long-term DUC trend at charging zone level over RP3 and RP4 of -3,4 % outperforms 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 Austria’s baseline value for the DUC of EUR 53,66 in real terms at 2022 prices (‘EUR2022’) is 51,7 % lower than the average baseline value of EUR 110,99 in EUR2022 of the relevant comparator group set out in Article 7 Implementing Decision (EU) 2024/1688.
(33) It is clear that Austria’s long-term DUC trend over RP3 and RP4 outperforms the corresponding Union-wide trend by a significant margin and that Austria’s baseline value for 2024 is significantly below the comparator group average. Furthermore, Austria demonstrates a reduction of the DUC over RP4. Therefore, the Commission considers that the deviation from the Union-wide DUC trend for RP4 referred to in recital (30) does not preclude Austria’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 (28) 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.
Review of the en route and terminal capacity incentive schemes
(36) In accordance with point 2.1(f) of Annex IV to Implementing Regulation (EU) 2019/317, the Commission has complemented its assessment of the draft performance plan by reviewing the incentive schemes referred to in Article 11 of that Implementing Regulation. It was found that the incentive schemes established by Austria for the purpose of supporting the achievement of en route and terminal capacity targets in RP4 give rise to concerns.
(37) The Commission notes that both the en route capacity incentive scheme and the terminal capacity incentive scheme included in the draft performance plan comprise a maximum financial disadvantage amounting to merely 0,50 % of determined costs. Having regard to the expert advice provided by the PRB, the Commission considers that that the maximum financial disadvantages for the incentive schemes set out by Austria do not comply with Article 11(3), point (a), of Implementing Regulation (EU) 2019/317, which requires such incentive schemes to have “a material impact on the revenue at risk”.
(38) Therefore, Austria should revise, in connection with the adoption of its final performance plan pursuant to Article 16, point (a), of Implementing Regulation (EU) 2019/317, its incentive schemes for achieving en route and terminal capacity targets in order for the maximum financial disadvantage stemming from those incentive schemes to be 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. In the Commission’s view, that revision should lead to a maximum financial disadvantage equal to or higher than 1 % of the annual determined costs.
CONCLUSIONS
(39) In the light of the foregoing, the performance targets included in the draft performance plan of Austria should be considered consistent with the Union-wide performance targets for RP4,
HAS ADOPTED THIS DECISION: