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Regulation (EU) 2024/2803 of the European Parliament and of the Council of 23 October 2024 on the implementation of the Single European Sky (recast) (Text with EEA relevance)

article  24

CELEX:  32024R2803

Assessment of performance plans
1. The Commission shall assess the adopted draft performance plans referred to in Article 23, including the consistency of performance targets for en route air navigation services with Union-wide performance targets, in line with the criteria and conditions laid down in the implementing acts referred to in Article 28, point (b), and the allocation of common costs between en route and terminal air navigation services according to the general principles referred to in Article 21(4), point (l). The assessment of the consistency of performance targets for en route air navigation services with Union-wide performance targets shall take into consideration performance improvements over time. The Commission shall review the performance targets for terminal air navigation services in light of the elements specified in the implementing act referred to in Article 28, point (b).
Regulation (EU) 2024/2803 of the European Parliament and of the Council of 23 October 2024 on the implementation of the Single European Sky (recast) (Text with EEA relevance)

article  24

CELEX:  32024R2803

2. When assessing the consistency of performance targets for en route air navigation services with the Union-wide performance targets, the Commission shall take due account of local circumstances and interdependencies between key performance areas referred to in Article 21(3), point (a). The Commission may allow a deviation of performance targets for en route air navigation services from Union-wide performance targets with respect to a key performance area where deemed necessary and proportionate to ensure consistency of performance targets for those services with the Union-wide performance targets with respect to other key performance areas.
3. Where the Commission finds that the adopted draft performance plan meets the criteria and conditions referred to in Article 24(1) and laid down in the implementing acts referred to in Article 28, point (b), read in combination with paragraph 2 of this Article, it shall adopt an implementing act to approve it. That implementing act shall be adopted in accordance with the advisory procedure referred to in Article 48(2).
Regulation (EU) 2024/2803 of the European Parliament and of the Council of 23 October 2024 on the implementation of the Single European Sky (recast) (Text with EEA relevance)

article  24

CELEX:  32024R2803

4. Where the Commission finds that there are doubts whether an adopted draft performance plan meets those criteria and conditions, read in combination with paragraph 2 of this Article, it shall initiate a detailed examination of that draft performance plan, requesting additional information from the Member State concerned if necessary.
Regulation (EU) 2024/2803 of the European Parliament and of the Council of 23 October 2024 on the implementation of the Single European Sky (recast) (Text with EEA relevance)

article  24

CELEX:  32024R2803

5. Where, having carried out the detailed examination, the Commission finds that the adopted draft performance plan meets those criteria and conditions read in combination with paragraph 2 of this Article, it shall adopt an implementing act to approve it. That implementing act shall be adopted in accordance with the advisory procedure referred to in Article 48(2). Where the Commission finds that the adopted draft performance plan does not meet those criteria and conditions, it shall adopt an implementing act in the form of a decision, requesting the Member State concerned to submit a revised draft performance plan which complies with those criteria and conditions, and, where relevant, setting out the corrective measures to be taken by that Member State. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 48(3). The Member State concerned shall communicate to the Commission the measures that it has taken pursuant to that decision, as well as information demonstrating that those measures comply with that decision. Where the Commission finds that those measures are sufficient to ensure compliance with its decision, it shall notify the Member State concerned thereof and adopt an implementing act to approve the draft performance plan. That implementing act shall be adopted in accordance with the advisory procedure referred to in Article 48(2). Where the Commission finds that those measures are not sufficient to ensure compliance with the decision, it shall notify the Member State concerned. The Commission shall take, where appropriate, action to address the non-compliance, including through actions provided for in Article 258 of the Treaty on the Functioning of the European Union.
Regulation (EU) 2024/2803 of the European Parliament and of the Council of 23 October 2024 on the implementation of the Single European Sky (recast) (Text with EEA relevance)

article  24

CELEX:  32024R2803

6. Draft performance plans approved by the Commission in accordance with this Article shall be adopted by the Member States concerned as definitive plans, and shall be made publicly available without prejudice to Article 52(3).