FantasticSearch

3. The performance scheme shall be implemented over reference periods, which shall be a minimum of 3 years and a maximum of 5 years. The performance scheme shall include:

(a) key performance areas of climate and environment, capacity and cost-efficiency;

(b) Union-wide performance targets for en route air navigation services in the key performance areas mentioned in point (a) for each reference period;

(c) performance plans including, for each reference period:

(i) binding performance targets and where applicable, incentive schemes, for en route air navigation services, in the key performance areas mentioned in point (a);

(ii) binding performance targets and where applicable, incentive schemes, for terminal air navigation services in the key performance areas of cost-efficiency and capacity; and (iii) where the Commission has adopted an implementing act setting key performance indicators for terminal air navigation services in the key performance area of climate and environment on the basis of Article 28, point (g), under the conditions set out therein, binding performance targets for terminal air navigation services in that key performance area of climate and environment and where applicable, incentive schemes;

(d) periodic review and monitoring of performance in the key performance areas mentioned in point (a) and of relevant safety indicators defined in coordination with the Agency.

4. The performance scheme referred to in paragraphs 1 and 3 shall be based on:

(a) the collection, validation, examination, evaluation and dissemination of relevant data related to the performance of air navigation services and network management from all relevant parties, including air navigation service providers, airspace users, airport operators, national supervisory authorities, national competent authorities, and other national authorities, the Agency, the Network Manager and Eurocontrol;

(b) key performance indicators for target setting in the key performance areas referred to in paragraph 3, point (a) of this Article, without prejudice to paragraph 3, point (c)(iii) of this Article,and to Article 28, point (g);

(c) indicators for monitoring performance in the key performance areas referred to in paragraph 3, point (a) and relevant safety indicators defined in coordination with the Agency;

(d) a methodology to calculate breakdown values;

(e) procedures for the establishment and revision of performance plans and of performance targets for air navigation services, and for the network management, as well as the templates, content and timetables of such plans;

(f) the assessment of the draft performance plans and targets for air navigation services and network management;

(g) monitoring of performance plans, including appropriate alert mechanisms for revision of performance plans and targets and for the revision of Union-wide performance targets in the course of a reference period;

(h) benchmarking of air navigation service providers designated under Articles 8 and 10 where relevant;

(i) incentive schemes including both financial positive incentives and disincentives;

(j) risk-sharing mechanisms in respect of traffic and costs;

(k) timetables for target setting, assessment of performance plans and targets, monitoring and benchmarking;

(l) general principles established by the Commission on a proportional allocation of costs common to en route and terminal air navigation services between the two categories of services;

(m) mechanisms to address unforeseeable and significant events which have a material impact on the implementation of the performance and charging schemes. The financial positive incentives and disincentives referred to in point (i) shall be proportionate to the magnitude of the deviation of the achieved performance from the target. They shall take into account the impact on the network and the extent to which the air navigation service provider has reasonable means to mitigate the impact of external factors. The incentives and disincentives shall be set at a level effectively fostering the quality-of-service provision and shall not impair the ability of the air navigation service provider to comply with its obligations under Regulation (EU) 2018/1139, including on financial robustness. In order to lay down the general principles referred to in point (l), the Commission shall review the existing national criteria to allocate costs common to en route and terminal air navigation services and shall consult national supervisory authorities and stakeholders. Based on this review, the Commission shall establish or, as appropriate, update those general principles no later than 12 months before the start of each reference period.

6. The level of the performance targets referred to in paragraph 3, point (c)(iii) shall be set taking into account local circumstances, in particular local environmental policy requirements.

7. For the purpose of implementing the performance scheme established under this Regulation, account shall be taken of the fact that en route air navigation services, terminal air navigation services and network functions have different characteristics and shall therefore be treated accordingly, including, if necessary, for performance-measuring purposes.

1. To improve the performance of air navigation services and network management in the Single European Sky, a performance scheme for air navigation services and network management shall apply in accordance with this Article and Articles 22 to 28.

2. This Article and Articles 22 to 28 shall not apply to terminal air navigation services provided at airports, located in the territory of the Member States to which the Treaty applies, with less than 80 000 IFR air transport movements per year. However, a Member State may decide that such terminal air navigation services are subject to those Articles.

5. The setting of the performance targets included in the performance plans, the preparation and the assessment of draft performance plans and the monitoring and benchmarking of the performance of the air navigation services and network management shall take into account the impact of local circumstances as well as external factors that the air navigation service provider has no reasonable means to mitigate where appropriate. The impact of local circumstances already taken into account in the setting of Union-wide performance targets, in accordance with Article 22(2), point (d), and in the setting of breakdown values established under Article 22(1) shall subsequently not be taken into account when assessing the consistency of the performance targets included in the draft performance plan with Union-wide performance targets in order to justify the deviation of those former targets from those latter targets. The impact of local circumstances already taken into account for setting the performance targets included in the draft performance plan shall subsequently not be taken into account when monitoring the achievement of those targets.