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9.5.2013 Official
Journal
of
the
European
Union L
128/31
COMMISSION IMPLEMENTING REGULATION (EU) No 391/2013
of 3 May 2013
laying down a common charging scheme for air navigation services
(Text with EEA relevance)
THE EUROPEAN COMMISSION,
(5) The
common
charging
scheme
should
be
consistent
with
the Eurocontrol Route Charges System and Article 15 of
the 1944 ICAO Chicago Convention on International
Having regard to the Treaty on the Functioning of the European
Civil Aviation (the ‘Chicago Convention’).
Union,
(6) The
common
charging
scheme
should
allow
optimum
Having regard to Regulation (EC) No 550/2004 of the European
use of airspace, taking into account air traffic flows, in
Parliament and of the Council of 10 March 2004 on the
particular within functional airspace blocks as established
provision of air navigation services in the single European
in accordance with Article 9a of Regulation (EC) No
sky ( 1 ) as amended by Regulation (EC) No 1070/2009 (the
550/2004.
service provision Regulation) ( 2 ), and in particular Article 15(4)
thereof,
(7)
Key principle of the common charging scheme is to have
complete and transparent information on the cost base
Whereas:
made available in due time to airspace users’ represen
tatives and the competent authorities.
(1) Regulation
(EC)
No
550/2004
requires
the
Commission
to establish a common charging scheme for air navi
(8) Where
it
is
established
that
terminal
air
navigation
gation services, allowing for its uniform application in
services and/or CNS, MET and AIS services are
the single European sky.
provided under market conditions, Member States
should be able to decide for these services not to
(2) The
development
of
a
common
charging
scheme
for
air
calculate determined costs, not to calculate terminal
navigation services provided during all phases of flight is
charges, not to set terminal unit rates and/or not to set
of the utmost importance for implementation of the
financial incentives.
single European sky initiative. Such a system should
help to increase transparency with regard to the deter
(9) Due
to
changing
nature
in
the
operation
of
airports,
mination, imposition and enforcement of charges
terminal charging zones may need to be modified in
applicable to airspace users. The system should also
the course of a reference period.
contribute to the safe, cost-efficient and effective
provision of air navigation services to the users that
finance the system and stimulate integrated service
(10) The
introduction
of
new
technologies
and
procedures
provision.
and associate business models to stimulate integrated
service provision should lead to significant cost
reductions to the benefit of users. To enable these
(3) The
common
charging
scheme
should
be
an
integral
future cost reductions air navigation service providers
element in reaching the objectives of the performance
are faced with restructuring costs to improve their
scheme as established under Article 11 of Regulation
business, which they may recover if a net benefit to
(EC) No 549/2004 of the European Parliament and of
users is demonstrated.
the Council of 10 March 2004 laying down the
framework for the creation of the single European
sky ( 3 ) as amended by Regulation (EC) No 1070/2009
(11) Incentives
mechanisms
to
encourage
better
performance
(the framework Regulation) and Commission Imple
should have regard to the desirability of rewarding or
menting Regulation (EU) No 390/2013 of 3 May 2013
penalising actual performance in relation to performance
laying down a performance scheme for air navigation
levels expected when the performance plan was adopted.
services and network functions ( 4 ).
(12) In
order
to
accelerate
the
implementation
of
SESAR
tech
(4) In
accordance
with
the
overall
objective
of
improving
the
nologies, investments in new ATM systems and major
performance of air navigation services, the charging
overhaul of existing ATM systems, which have an
scheme should promote cost and operational efficiencies
influence on the level of performance of the European
and should provide for the establishment of incentive
ATM network, should be eligible for cost recovery
schemes for air navigation service providers to support
through user charges if they are consistent with the
improvements in the provision of air navigation services,
implementation of the European ATM Master Plan, in
including the application of traffic risk sharing.
particular, through common projects as specified in
Article 15a(3) of Regulation (EC) No 550/2004.
Furthermore, Member States should be able to decide
( 1 ) OJ L 96, 31.3.2004, p. 10.
to modulate air navigation charges to provide incentives
( 2 ) OJ L 300, 14.11.2009, p. 34.
( 3 ) OJ L 96, 31.3.2004, p. 1.
to equip aircraft with systems included in the common
( 4 ) See page 1 of this Official Journal.
projects.

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L 128/32
EN
Official Journal of the European Union
9.5.2013
(13) To
increase
the
efficiency
of
air
navigation
services
and
Member States are responsible for the provision of air navi
to promote their optimised use, Member States should be
gation services. It shall also apply to the Network Manager
able to further modulate charges, taking into account the
established in accordance with Article 3 of Commission Regu
level of congestion of the network in a specific area or
lation (EU) No 677/2011 ( 3 ).
on a specific route at specific times.
3. Member
States
may
apply
this
Regulation
to
air
navigation
(14) The
level
of charges
imposed in particular
on light
services provided in airspace under their responsibility within
aircraft should not discourage the use of facilities and
other ICAO regions, on condition that they inform the
services necessary for safety or the introduction of new
Commission and the other Member States accordingly.
techniques and procedures.
(15) Member
States
should
be
able
to
set
their
unit
rates
4. Member
States
may
apply
this
Regulation
to
providers
of
collectively, in particular when charging zones extend
air navigation services which have received permission to
across the airspace of more than one Member State or
provide air navigation services without certification, in
when they are parties to a joint route charges system.
accordance with Article 7(5) of Regulation (EC) No 550/2004.
(16) In order to improve the efficiency of the common
5. Subject
to
Article
1(4)
of
Implementing
Regulation
(EU)
charging scheme and to reduce the administrative and
No 390/2013, Member States may decide not to apply this
accounting workload, within a joint route charges
Regulation to air navigation services provided at airports with
system, Member States should be able to collect en
fewer than 70 000 IFR air transport movements per year.
route charges collectively through a single charge per
flight.
Member States shall inform the Commission of that decision.
(17) Legal
means
should
be
reinforced
in
order
to
ensure
the
prompt and full payment of air navigation charges by
Article 2
users of air navigation services.
Definitions
(18) Charges to be imposed on airspace users should be estab
For the purpose of this Regulation, the definitions in Article 2
lished and applied in a fair and transparent manner, after
of Regulation (EC) No 549/2004 shall apply.
consultation of users’ representatives. Such charges
should be reviewed on a regular basis.
In addition the following definitions shall apply:
(19) Commission Regulation (EC) No 1794/2006 of
6 December 2006 laying down a common charging
(1) ‘user of air navigation services’ means the operator of the
scheme for air navigation services ( 1 ) as amended by
aircraft at the time when the flight was performed or, if
Commission Regulation (EU) No 1191/2010 of
the identity of the operator is not known, the owner of
16 December 2010 ( 2 ) should be repealed with effect
the aircraft, unless it can be proved that another person
of 1 January 2015.
was the operator at that time;
(20) The
measures
provided
for
in
this
Regulation
are
in
(2) ‘airspace users’ representative’ means any legal person or
accordance with the opinion of the Single Sky
entity representing the interests of one or several
Committee,
categories of users of air navigation services;
HAS ADOPTED THIS REGULATION:
(3) ‘IFR’ means Instrument Flight Rules, as defined in Annex 2
of the Chicago Convention (Tenth Edition – July 2005);
CHAPTER I
GENERAL PROVISIONS
(4) ‘VFR’ means Visual Flight Rules, as defined in Annex 2 of
Article 1
the Chicago Convention (Tenth Edition – July 2005);
Subject matter and scope
(5) ‘en route charging zone’ means a volume of airspace for
1. This Regulation lays down the measures for the devel
which a single cost base and a single unit rate are estab
opment of a common charging scheme for air navigation
lished;
services.
(6) ‘terminal charging zone’ means an airport or a group of
2. This
Regulation
shall
apply
to
air
navigation
services
airports for which a single cost base and a single unit rate
provided by air traffic service providers designated in
are established;
accordance with Article 8 of Regulation (EC) No 550/2004
and by providers of meteorological services, if designated in
accordance with Article 9(1) of that Regulation, for general
(7) ‘determined cost’ means costs pre-determined by a
air traffic within the ICAO EUR and AFI regions where
Member State as referred to in Article 15(2)(a) of Regu
lation (EC) No 550/2004;
( 1 ) OJ L 341, 7.12.2006, p. 3.
( 2 ) OJ L 333, 17.12.2010, p. 6.
( 3 ) OJ L 185, 15.7.2011, p. 1.

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EN
9.5.2013 Official
Journal
of
the
European
Union L
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(8) ‘reference period’ means the reference period for the
(b) not to set financial incentives for these services in the key
performance scheme provided for in Article 11(3)(d) of
performance areas of capacity and environment in
Regulation (EC) No 549/2004 and Article 8 of Imple
accordance with Article 15 of this Regulation;
menting Regulation (EU) No 390/2013;
(9) ‘IFR air transport movement’ means the sum of take-offs
and, with regard to terminal air navigation services;
and landings performed under instrument flight rules,
calculated as the yearly average over the three years
preceding the submission of the performance plan;
(c) not to calculate terminal charges in accordance with
Article 12 of this Regulation;
(10) ‘other revenue’ means revenues obtained from public auth
orities, including the financial support from Union
assistance programmes such as the Trans-European
(d) not to set terminal unit rates in accordance with Article 17
transport network (TEN-T), Connecting Europe Facility
of this Regulation.
(CEF) and the Cohesion Fund, revenues obtained from
commercial activities and/or, in the case of terminal unit
rates, revenues obtained from contracts or agreements
2. For
the
purpose
of
establishing
that
some
or
all
of
their
between air navigation service providers and airport oper
terminal air navigation services or CNS, MET and AIS services
ators;
are subject to market conditions, Member States shall carry out
a detailed assessment against all the conditions laid down in
Annex I to this Regulation. This assessment shall include
(11) ‘performance plan’ means a performance plan prepared
consultation with the airspace users’ representatives.
and adopted in accordance with the provisions of
Articles 11 to 16 of Implementing Regulation (EU) No
390/2013;
3. The
Member
States
referred
to
in
paragraph
1
shall
submit
to the Commission, no later than 19 months before the
(12) ‘actual cost’ means costs actually incurred in a year for the
beginning of a reference period or the date of application of
provision of air navigation services subject to a final audit;
decisions taken in accordance with paragraph 1, a detailed
report on the content and results of the assessment referred
to in paragraph 2. That report shall be supported by
(13) ‘CNS, MET and AIS services’ means communication, navi
evidence, including the tender documents if applicable, justifi
gation and surveillance services, meteorological services for
cation for the selection of the service provider, a description of
air navigation and aeronautical information services;
the arrangements imposed on the selected service provider to
ensure that terminal air navigation services or CNS, MET and
(14) ‘restructuring costs’ means significant one-time costs
AIS services are provided in a cost-efficient manner and the
incurred by air navigation service providers in the
outcome of the consultation with the airspace users’ represen
process of restructuring by way of introducing new tech
tatives. The report shall provide full reasons for the Member
nologies and procedures and associate business models to
State’s conclusions.
stimulate integrated service provision where the Member
State wishes to recover the costs in one or more reference
periods. They may include costs incurred in compensating
4. Where
the
Commission
agrees
that
market
conditions
employees, closing air traffic control centres, shifting
have been established in accordance with the requirements of
activities to new locations and, writing off assets and/or
Annex I, it shall notify the Member State concerned within four
acquiring strategic participations in other air navigation
months after receiving the report. This period of four month is
service providers.
extended to six months after receiving the report, if the
Commission considers that additional evidence is required to
determine whether market conditions have been established.
Article 3
Terminal air navigation services and CNS, MET and AIS
services subject to market conditions
Where the Commission finds that market conditions are not
established, it shall, within six months after receiving the report
1. Without prejudice to the application of the principles
and in accordance with the procedure referred to in Article 5(2)
referred to in Articles 14 and 15 of Regulation (EC) No
of Regulation (EC) No 549/2004, decide that the Member
550/2004 and subject to the assessment referred to in
State(s) concerned shall fully apply the provisions of this Regu
paragraph 2, Member States may decide before the start of a
lation. Such decision shall be taken after consultation of the
reference period or in justified cases during the reference period,
Member State(s) concerned.
that some or all of their terminal air navigation services or CNS,
MET and AIS services are subject to market conditions. In such
case, the provisions of this Regulation apply, but the Member
States concerned may decide with regard to these services:
5. The
Member
State’s
report
and
the
Commission
decision
referred to in paragraph 4 shall be valid for the duration of the
reference period concerned and shall be publicly available and a
(a) not to calculate determined costs in accordance with
reference to them shall be published in the Official Journal of the
Article 7 of this Regulation;
European Union.

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L 128/34
EN
Official Journal of the European Union
9.5.2013
Article 4
5. A
terminal
charging
zone
may
be
modified
in
the
course
of a reference period. In that case, Member States shall:
Principles of the common charging scheme
1. The
common
charging
scheme
shall
be
subject
to
the
principles established in Article 15 of Regulation (EC) No
(a) provide the Commission with the relevant cost and traffic
550/2004.
data in order to allow it to rebuild consistent cost and
traffic data series reflecting the situation before and after
the change occurs, and carry out its performance moni
toring tasks in accordance with Article 18 of Implementing
2. The
determined
costs
of en route air navigation services
Regulation (EU) No 390/2013;
shall be financed by en route charges imposed on users of air
navigation services in accordance with the provisions of Chapter
III and/or other revenues.
(b) consult airspace users’ representatives and report their
comments to the Commission;
3. The
determined
costs
of
terminal
air
navigation
services (c) provide the Commission with an assessment of the impact
shall be financed by terminal charges imposed on users of air
of the changes on the terminal air navigation services cost-
navigation services, in accordance with the provisions of
efficiency targets and performance monitoring and indicate
Chapter III, and/or other revenues.
how it shall carry out the performance monitoring during
the rest of the reference period.
4. Paragraphs 2 and 3 shall be without prejudice to the
CHAPTER II
financing of exemptions of certain users of air navigation
services through other sources of funding in accordance with
THE COSTS OF AIR NAVIGATION SERVICE PROVISION
Article 10.
Article 6
Eligible services, facilities and activities
5. The
common
charging
scheme
shall
provide
for
trans
1. Air
navigation
service
providers
referred
to
in
Article
1(2)
parency and consultation with airspace users’ representatives
and (4) shall establish the costs incurred in the provision of air
on the cost bases and on the allocation of costs among
navigation services in relation to the facilities and services
different services.
provided for and implemented under the ICAO Regional Air
Navigation Plan, European Region, in the charging zones under
their responsibility.
6. Revenues
derived
through en route or terminal charges set
in accordance with Articles 11 and 12 of this Regulation shall
Those costs shall include administrative overheads, training,
not be used to finance commercial activities of air navigation
studies, tests and trials as well as research and development
service providers.
allocated to these services.
Article 5
2. Member
States
may
establish
the
following
costs
as
determined costs, in accordance with Article 15(2)(b) of Regu
Establishment of charging zones
lation (EC) No 550/2004, where they occur as a result of the
provision of air navigation services:
1. Member States shall establish charging zones in the
airspace falling under their responsibility where air navigation
services are provided to airspace users.
(a) costs incurred by the relevant national authorities;
2. The
charging
zones
shall
be
defined
in
a
manner (b) costs incurred by the qualified entities referred to in
consistent with air traffic control operations and services, after
Article 3 of Regulation (EC) No 550/2004;
consultation with the airspace users’ representatives.
(c) costs stemming from international agreements.
3. An en route charging zone shall extend from the ground
up to, and including, upper airspace. In complex terminal areas,
3. In
accordance
with
Article
15a(3)
of
Regulation
(EC)
No
Member States may establish a specific zone within a charging
550/2004, part of the revenue resulting from the charges may
zone.
be used to fund common projects for network-related functions
that are of particular importance for improving the overall
performance of air traffic management and air navigation
services. In such cases, Member States shall put in place
4. Where
charging
zones
extend
across
the
airspace
of
more comprehensive and transparent accounting practices to ensure
than one Member State, the Member States concerned shall
that airspace users are not charged twice. Determined costs
ensure consistency and uniformity in the application of this
resulting from a common project shall be clearly identified in
Regulation to the airspace concerned.
accordance with Annexes II and VII.

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EN
9.5.2013 Official
Journal
of
the
European
Union L
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4. Investments
in
new
ATM
systems
and
major
overhauls
of material, energy, utilities, rental of buildings, equipment and
existing ATM systems are eligible insofar they are consistent
facilities, maintenance, insurance costs and travel expenses.
with the implementation of the European ATM Master Plan,
Where an air traffic service provider purchases other air navi
and, in particular, through the common projects specified in
gation services, the service provider shall include the actual
Article 15a(3) of Regulation (EC) No 550/2004.
expenditure for those services in its other operating costs.
Article 7
Depreciation costs shall relate to the total fixed assets in
operation for air navigation service purposes. Fixed assets
Calculation of costs
shall be depreciated in accordance with their expected
1. The
determined
costs
and
actual
costs
shall
include
the operating life, using the straight-line method applied to the
costs relating to eligible services, facilities and activities referred
costs of the assets being depreciated. Historic or current cost
to in Article 6 of this Regulation and established in accordance
accounting may be applied for the calculation of the depreci
with the accounting requirements laid down in Article 12 of
ation. The methodology shall not be altered during the duration
Regulation (EC) No 550/2004.
of the depreciation and shall be consistent with the cost of
capital applied (nominal cost of capital for historic cost
accounting and real cost of capital for current cost accounting).
The non-recurring effects resulting from the introduction of
Where current cost accounting is applied, the equivalent historic
International Accounting Standards may be spread over a
cost accounting figures shall also be provided to allow for
period not exceeding 15 years.
comparison and assessment.
Without prejudice to Articles 17 and 19 of Implementing Regu
The cost of capital shall be equal to the product of:
lation (EU) No 390/2013, the determined costs shall be fixed
prior to the beginning of each reference period as part of the
performance plan for each calendar year during the reference
(a) the sum of the average net book value of fixed assets and
period and in both real and nominal terms. For each year in the
possible adjustments to total assets determined by the
reference period, the difference between the determined costs
national supervisory authority and used by the air navi
expressed in nominal terms prior to the reference period and
gation service provider in operation or under construction
the determined costs adjusted on the basis of the difference
and of the average value of the net current assets, excluding
between the actual inflation recorded by the Commission in
interest-bearing accounts, that are required for the provision
the Eurostat Harmonised Index of Consumer Price as
of air navigation services; and
published in April of year n and the inflation assumption as
specified in the performance plan for the year preceding the
reference period and for each year of the reference period,
(b) the weighted average of the interest rate on debts and of the
shall be carried over in year n+2 for the calculation of the
return on equity. For air navigation service providers
unit rate.
without any equity capital, the weighted average shall be
calculated on the basis of a return applied to the difference
between the total of the assets referred to in point (a) and
Determined costs and actual costs shall be calculated in national
the debts.
currency. Where a common charging zone with a single unit
rate has been established for a functional airspace block, the
Member States concerned shall ensure conversion of national
Exceptional items shall consist of non-recurring costs relating to
costs into euro or the national currency of one of the Member
the provision of air navigation services during the same year.
States concerned so as to ensure a transparent calculation of the
single unit rate in application of the third subparagraph of
Article 17(1) of this Regulation. Those Member States shall
Any adjustment beyond the provisions of the International
notify the Commission and Eurocontrol accordingly.
Accounting Standards shall be specified in the performance
plan for review by the Commission and in the additional
information to be provided in accordance with Annex II.
2. The
costs
referred
to
in
paragraph
1
shall
be
broken
down
into staff costs, other operating costs, depreciation costs, cost of
capital and exceptional items including non-recoverable taxes
3. For the purposes of calculating the cost of capital as set
and customs duties paid, and all other related costs.
out in paragraph 2, the factors to which weight is to be given
shall be based on the proportion of financing through either
debt or equity. The interest rate on debts shall be equal to the
Staff costs shall include gross remuneration, overtime payments,
weighted average interest rate on debts of the air navigation
and employers’ contributions to social security schemes as well
service provider. The return on equity shall be that provided
as pension costs and other benefits. Pension costs may be
in the performance plan for the reporting period and shall be
calculated using prudent assumptions based on the governance
based on the actual financial risk incurred by the air navigation
of the scheme or on national law, as appropriate. Those
service provider as assessed prior to the reference period.
assumptions shall be detailed in the performance plan.
When the assets do not belong to the air navigation service
Other operating costs shall include costs incurred for the
provider, but are included in the calculation of the cost of
purchase of goods and services used to provide air navigation
capital, Member States shall ensure that the costs of these
services, in particular outsourced services, external staff,
assets are not recovered twice.

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L 128/36
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Official Journal of the European Union
9.5.2013
4. The
calculation
of
actual
costs
may
include
the
recovery
of For the purposes of paragraph 2(b) and (c), Member States shall,
restructuring costs of air navigation service providers incurred
before the start of each reference period, define the criteria used
in reference periods precedent to the reference period(s) of
to allocate costs between terminal and en route services for each
recovery and subject to a business case demonstrating a net
airport and inform the Commission accordingly.
benefit to users over time.
3. The
cost
of en route services shall be related to the costs
The national supervisory authority shall submit to the
referred to in paragraph 1 with the exclusion of the costs
Commission the business case, a recovery plan for the restruc
referred to in paragraph 2.
turing costs and the results of a consultation with airspace users’
representatives on the business case and the recovery plan for
the restructuring costs.
4. If
exemptions
are
granted
to
VFR
flights
in
accordance
with Article 10, the air navigation service provider shall
identify the costs of air navigation services provided to VFR
Where the Commission finds that the expected net benefit to
flights and separate them from the costs provided to IFR
users over time is demonstrated, it shall notify the Member
flights. These costs may be established through a marginal
State concerned thereof within five months after receiving the
cost methodology taking into account the benefits to IFR
submission by the national supervisory authority.
flights stemming from the services granted to VFR flights.
Where the Commission finds that the expected net benefit to
Article 9
users over time is not demonstrated, it shall decide in
accordance with the procedure referred to in Article 5(2) of
Transparency of costs and of the charging mechanism
Regulation (EC) No 549/2004 within five months after
receiving the submission by the national supervisory authority
1. Member
States
shall,
in
a
coordinated
manner,
at
the
latest
that the restructuring costs of air navigation service providers
seven months before the start of each reference period, invite
shall not be recovered and notify the Member State concerned
the airspace users’ representatives to a consultation on
thereof.
determined costs, planned investments, service unit forecasts,
charging policy and resulting unit rates. They shall be assisted
by the air navigation service providers. Member States shall, in a
The Member State concerned shall report on the evolution of
transparent manner, establish their national or functional
the restructuring costs and the net benefits to users in its annual
airspace blocks costs in accordance with Article 6 and make
report following Article 18(4) of Implementing Regulation (EU)
available their unit rates to airspace users’ representatives, the
No 390/2013.
Commission and, where applicable, to Eurocontrol.
Article 8
During the reference period, Member States shall, on an annual
basis and in a coordinated manner, invite the airspace users’
Allocation of costs
representatives to a consultation on any deviation from the
1. The
costs
of
eligible
services,
facilities
and
activities
within forecast, especially with regard to:
the meaning of Article 6 shall be allocated in a transparent way
to the charging zones in respect of which they are actually
incurred.
(a) actual traffic and costs compared to forecast traffic and
determined costs;
Where costs are incurred across different charging zones, they
shall be allocated in a proportional way on the basis of a trans
(b) the implementation of the traffic risk-sharing mechanism set
parent methodology pursuant to Article 9.
out in Article 13;
2. The
cost
of
terminal
services
shall
be
related
to
the (c) the implementation of the cost sharing mechanism set out
following services:
in Article 14;
(a) aerodrome control services, aerodrome flight information
(d) the incentive schemes set out in Article 15;
services including air traffic advisory services and alerting
services;
(e) the modulation of charges set out in Article 16.
(b) air traffic services related to the approach and departure of
aircraft within a certain distance of an airport on the basis
The consultation may be organised on a regional basis. Airspace
of operational requirements;
user representatives shall retain the right to request that more
consultations be held. User consultation shall also be organised
systematically following the activation of an alert mechanism as
(c) an appropriate allocation of all other air navigation services
provided for in Articles 17 and 19 of Implementing Regulation
components, reflecting a proportionate distribution between
(EU) No 390/2013 generating a revision of the determined unit
en route and terminal services.
cost(s).

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9.5.2013 Official
Journal
of
the
European
Union L
128/37
2. The
information
referred
to
in
paragraph
1
shall
be
based (b) training flights performed exclusively for the purpose of
on the reporting tables and detailed rules set out in Annexes II,
obtaining a licence, or a rating in the case of cockpit
VI and VII. Where it is established in accordance with Article 3
flight crew, where this is substantiated by an appropriate
that terminal air navigation services or CNS, MET and AIS
remark on the flight plan; flights must be performed solely
services are subject to market conditions, the information
within the airspace of the Member State concerned and
referred to in paragraph 1 shall be based on the reporting
must not serve for the transport of passengers and/or
tables and detailed rules set out in Annex III. The relevant
cargo, nor for positioning or ferrying of the aircraft;
documentation shall be made available to the airspace users’
representatives, the Commission, Eurocontrol and to the
national supervisory authorities three weeks before the consul
(c) flights performed exclusively for the purpose of checking or
tation meeting. For the annual consultation referred to in the
testing equipment used or intended to be used as ground
second subparagraph of paragraph 1, the relevant documen
aids to air navigation, excluding positioning flights by the
tation shall be made available to the airspace users’ represen
aircraft concerned;
tatives, the Commission, Eurocontrol and to the national super
visory authorities each year, no later than 1 June.
(d) flights terminating at the airport from which the aircraft has
taken off and during which no intermediate landing has
3. In
order
to
allow
reporting
on
the
achievement
of
been made;
performance as established in Article 18(4) of Implementing
Regulation (EU) No 390/2013, Member States shall make
(e) VFR flights;
available to the Commission and Eurocontrol, by 1 June of
each year, their actual costs incurred during the previous year
and the difference between the actual costs and the determined
(f) humanitarian flights authorised by the appropriate
costs contained in the performance plan by making use of the
competent body;
reporting tables and detailed rules set out in Annexes II, VI and
VII. Those Member States that have decided that terminal air
navigation services or CNS, MET and AIS services are subject to
(g) customs and police flights.
market conditions in accordance with Article 3 shall provide
this information by making use of the reporting tables and
3. Member
States
may
exempt
from
terminal
charges
the
detailed rules set out in Annex III.
flights referred to in paragraph 1 and 2.
CHAPTER III
4. The
costs
incurred
for
exempted
flights
shall
be
composed
THE FINANCING OF AIR NAVIGATION SERVICE PROVISION
of:
THROUGH AIR NAVIGATION CHARGES
Article 10
(a) the costs of exempted VFR flights as identified in
Article 8(4); and
Exemptions from air navigation charges
1. Member
States
shall
exempt
from
en
route
charges:
(b) the costs of exempted IFR flights which shall be calculated
as the product of the costs incurred for IFR flights and the
(a) flights performed by aircraft with a maximum authorised
ratio of the number of exempted service units to the total
take-off weight which is less than two metric tons;
number of service units, with the total number of service
units consisting of the service units in respect of IFR flights,
as well as the service units in respect of VFR flights, where
(b) mixed VFR/IFR flights in the charging zones where they are
these are not exempted. The costs incurred for IFR flights
performed exclusively under VFR and where a charge is not
shall be equal to the total costs less the costs of VFR flights.
levied for VFR flights;
5. Member
States
shall
ensure
that
air
navigation
service
(c) flights performed exclusively for the transport, on official
providers are reimbursed for the services they have provided
mission, of reigning Monarchs and their immediate family,
to exempted flights.
Heads of State, heads of Government and Government
Ministers; in all cases, the exemption must be substantiated
Article 11
by the appropriate status indicator or remark on the flight
plan;
Calculation of en route charges
1. Without prejudice to the possibility pursuant to
(d) search and rescue flights authorised by the appropriate
Article 4(2) of financing en route air navigation services
competent body.
through other revenues, the en route charge for a specific
flight in a specific en route charging zone shall be equal to
the product of the unit rate established for that en route
2. Member
States
may
exempt
from
en
route
charges:
charging zone and the en route service units for that flight.
(a) military flights performed by military aircraft of any
2. The
unit
rate
and
the en route service units shall be
country;
calculated in accordance with Annex IV.

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Article 12
(j) for the second reference period, the over- or under-
recoveries incurred by Member States up to and including
Calculation of terminal charges
the year 2011 in respect to en route and 2014 in respect to
1. Without prejudice to the possibility pursuant to
terminal air navigation services.
Article 4(3) of financing terminal air navigation services
through other revenues, the terminal charge for a specific
flight in a specific terminal charging zone shall be equal to
the product of the unit rate established for this terminal
In addition, Member States may exempt from traffic risk-sharing
charging zone and the terminal service units for that flight.
the determined costs of providers of air navigation services
For charging purposes, approach and departure shall count as
which have received permission to provide air navigation
a single flight. The unit to be counted shall be either the
services without certification, in accordance with Article 7(5)
arriving or the departing flight.
of Regulation (EC) No 550/2004.
2. The
unit
rate
and
the
terminal
service
units
shall
be
calculated in accordance with Annex V.
3. Where,
over
a
given
year
n,
the
actual
number
of
service
units does not exceed or fall below the forecast established in
the performance plan for that year n by more than 2 %, the
Article 13
additional or lost revenue of the air navigation service provider
in respect of determined costs shall not be carried over.
Traffic risk sharing
1. A
traffic
risk-sharing
mechanism
shall
apply
in
accordance
with the principles referred to in Article 12 of Implementing
Regulation (EU) No 390/2013.
4. Where,
over
a
given
year
n,
the
actual
number
of
service
units exceeds the forecast established in the performance plan
for that year n by more than 2 %, a minimum of 70 % of the
2. The
following
costs
shall
not
be
submitted
to
traffic
risk- additional revenue obtained by the air navigation service
sharing and shall result in an increase or reduction of the
provider(s) concerned in excess of 2 % of the difference
determined costs in (a) subsequent year(s) irrespective of
between the actual service units and the forecast in respect of
traffic evolution:
determined costs established in the performance plan shall
result in a corresponding reduction of the determined costs of
year n+2.
(a) the determined costs established in accordance with
Article 6(2) with the exception of agreements relating to
cross border air traffic service provision;
Where, over a given year n, the actual number of service units
falls below the forecast established in the performance plan for
(b) the determined costs for meteorological services;
that year n by more than 2 %, a maximum of 70 % of the
revenue loss incurred by the air navigation service provider(s)
concerned in excess of 2 % of the difference between the actual
(c) the adjustment due to differences between forecasted and
service units and the forecast in respect of determined costs
actual inflation as referred to in Article 7(1);
established in the performance plan shall result in a
corresponding increase of the determined costs starting not
earlier than year n+2.
(d) the recovery of restructuring costs, if authorised in
accordance with Article 7(4);
5. Where,
over
a
given
year
n,
the
actual
number
of
service
(e) the carry-over resulting from the implementation of the
units is lower than 90 % of the forecast established in the
traffic risk-sharing mechanism;
performance plan for that year n, the full amount of the
revenue loss incurred by the air navigation service provider(s)
concerned in excess of 10 % of the difference between the
(f) the carry-overs authorised from the previous reference
actual service units and the forecast in respect of determined
period resulting from the implementation of the cost
costs established in the performance plan shall result in a
sharing mechanism referred to in Article 14;
corresponding increase of the determined costs starting not
earlier than year n+2.
(g) bonuses or penalties resulting from financial incentive
schemes referred to in Article 15;
Where, over a given year n, the actual number of service units
exceed 110 % of the forecast established in the performance
(h) the over-or under-recoveries that may result from the
plan for that year n, the full amount of the additional
modulation of air navigation charges in application of
revenue obtained by the air navigation service provider(s)
Article 16;
concerned in excess of 10 % of the difference between the
actual service units and the forecast in respect of determined
costs established in the performance plan shall result in a
(i) the over-or under-recoveries resulting from traffic variations;
corresponding reduction of the determined costs of year n+2.

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6. In the case of terminal air navigation services, Member
(ii) the cost attributed to this item in the performance plan;
States may decide for airports with fewer than 225 000 IFR
air transport movements per year not to apply the provisions
of paragraphs 3, 4 and 5 above. Member States shall inform the
Commission of that decision within two months following
(iii) the justification why the cost item is considered to be
publication of this Regulation.
eligible within the scope of paragraph 2(a) rather than
paragraphs 1(a) and 1(b);
Article 14
Cost sharing
(iv) the underlying external events or circumstances outside
1. A
cost-sharing
mechanisms
shall
apply
in
accordance
with
the control of the national supervisory authorities, air
the following principles:
navigation service provider or qualified entity concerned
that triggered a variation between actual and
determined costs related to this cost item;
(a) where, over the whole reference period, actual costs fall
below the determined costs established at the beginning
of the reference period, the resulting difference shall be
retained by the air navigation service provider, Member
(v) actions taken to manage the cost risk associated with
State or qualified entity concerned;
this item.
(b) where, over the whole reference period, actual costs exceed
the determined costs established at the beginning of the
(c) The differences between the actual costs and the determined
reference period, the resulting difference shall be borne by
costs in respect to these items shall be identified and
the air navigation service provider, Member State or
explained in accordance with Annex VII.2.
qualified entity concerned.
2. Costs
exempt
from
the
application
of
paragraphs
1(a)
and (d) Where, over the whole reference period, as a result of
1(b):
deducting costs from the scope of paragraph 2(a), actual
costs are lower than the determined costs established at
the beginning of the reference period, the resulting
(a) The cost-sharing arrangements in paragraphs 1(a) and 1(b)
difference shall be returned to airspace users through a
shall not apply to the difference between determined costs
carry over to the following reference period(s).
and actual costs with regard to cost items for which the air
navigation service provider, Member State or qualified
entities concerned have taken reasonable and identifiable
steps to manage but which may be deemed to be outside
(e) Where, over the whole reference period, as a result of
their control as a result of:
including costs within the scope of paragraph 2(a), actual
costs exceed the determined costs established at the
beginning of the reference period, the resulting difference
(i) unforeseen changes in national pensions law, pension
shall be passed on to airspace users through a carry over to
accounting law or pension costs resulting from
the following reference period(s).
unforeseen financial market conditions;
(ii) significant changes in interest rates on loans, which
(f) The national supervisory authority concerned shall establish
finance costs arising from the provision of air navi
each year that the variation of actual costs against
gation services;
determined costs is actually the result of relevant events
or circumstances set out in paragraph 2(a) and in line
with the provision of paragraph 2(b). It shall further verify
(iii) unforeseen new cost items not covered in the
that the variation in costs to be passed on to users is
performance plan, but required by law;
specifically identified and categorised. It shall inform
airspace users and report to the Commission about the
(iv) unforeseen changes in national taxation law;
outcome of its assessment on an annual basis. Where the
Commission finds, within six months after receiving the
annual assessment report of the national supervisory
(v) unforeseen changes in costs or revenues stemming from
authority concerned, that the assessment report does not
international agreements.
establish that the variation of actual costs against
determined costs is actually the result of relevant events
(b) Without prejudice to Article 7(1), third subparagraph, each
or circumstances set out in paragraph 2(a) and in line
cost item included under paragraph 2(a) shall be determined
with the provision of paragraph 2(b), it shall decide in
by the national supervisory authority and the performance
accordance with the procedure referred to in Article 5(2)
plan shall specify for each cost item in relation to the
of Regulation (EC) No 549/2004 that the Member State(s)
previous reference period:
concerned shall not be allowed to apply the provisions of
paragraph 2 in respect to the variation of actual costs
against determined costs, in part or in whole according to
(i) a full description of the cost item;
its findings.

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(g) The amounts carried over shall be specified by factors and
Article 16
described in the additional information to be provided in
accordance with Annex VI.
Modulation of air navigation charges
1. Member States, following the offer to consult provided for
in Article 9 may, at national or functional airspace block level
Article 15
and on a non-discriminatory and transparent basis, modulate air
Incentive schemes for air navigation service providers
navigation charges incurred by airspace users to reflect their
efforts made in particular to:
1. Member States shall adopt financial incentives for their air
navigation service providers in the key performance area of
capacity and may adopt such financial incentives in the key
(a) optimise the use of air navigation services;
performance area of environment in accordance with Article 12
of Implementing Regulation (EU) No 390/2013. These
incentives shall consist in bonuses for exceeding and penalties
(b) reduce the environmental impact of flying;
for under-achieving target levels of performance and are to be
added to or deducted from the adopted determined costs
(c) reduce the overall costs of air navigation services and
according to the level of performance achieved.
increase their efficiency, in particular by modulating
charges according to the level of congestion of the
network in a specific area or on a specific route at
Such financial incentive schemes shall conform to the following
specific times.
principles:
The modulation of charges shall not result in any overall change
(a) the unit rate of year n+2 shall be adjusted to provide for a
in revenue for the air navigation service provider. Over- or
bonus for exceeding or penalty for under-achievement
under recoveries shall be passed on to the following period.
according to the actual performance level of the air navi
gation service provider in year n against the relevant target;
2. Air
navigation
charges
may
also
be
modulated,
on
a
non-
discriminatory and transparent basis, to accelerate the
(b) the applicable level of bonuses and penalties shall be
deployment of SESAR ATM capabilities. The modulation may
commensurate with the targets to be reached and the
in particular aim at giving incentives to equip aircraft with
performance achieved. There shall be no bonuses for
systems included in the common projects referred to in
performance that is at or below that expected in
Article 15a(3) of Regulation (EC) No 550/2004.
performance targets;
3. The
modulation
of
air
navigation
charges
means
a
variation of the en route charge and/or the terminal charge
(c) The applicable level of bonuses and penalties shall be equal;
calculated on the basis of the provisions of Articles 11 and 12.
(d) the maximum amount of aggregate bonuses and the
4. National
supervisory
authorities
shall
monitor
the
proper
maximum amount of aggregate penalties shall not exceed
implementation of the modulation of air navigation charges by
1 % of the revenue from air navigation services in year n;
air navigation service providers.
(e) the performance variation levels and the applicable level of
Article 17
bonuses and penalties shall be determined following the
Setting of unit rates for charging zones
consultation referred to in Article 9 and shall be set by
the performance plan;
1. Member
States
shall
ensure
that
unit
rates
are
set
for
each
charging zone on an annual basis. Without prejudice to
paragraph 2, unit rates shall not be modified in the course of
(f) in case of targets at the level of functional airspace blocks,
a year.
bonuses and penalties shall be applied to the air navigation
service providers concerned;
Unit rates shall be set in accordance with the following process:
(g) for the key performance area of capacity, the target levels of
(a) For each year of the reference period, unit rates for year n
performance may be adjusted to cover only delay causes
shall be calculated by 1 November of year n-1 on the basis
related to ATC capacity, ATC routing, ATC staffing, ATC
of the determined unit costs contained in the performance
equipment, airspace management and special event with the
plan and the adjustments set out in paragraph 2.2 of Annex
codes C, R, S, T, M and P of the ATFCM user manual.
IV and of Annex V of this Regulation.
2. National
supervisory
authorities
shall
monitor
the
proper (b) Unit rates for year n shall be submitted by the Member
implementation of these incentive schemes by air navigation
State to the Commission by 1 June of year n-1 following
service providers.
the requirements of Articles 9(1) and 9(2).

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(c) The Commission shall assess these unit rates against the
2. Users
of
air
navigation
services
shall
promptly
and
fully
provisions of this Regulation and Implementing Regulation
pay all air navigation charges.
(EU) No 390/2013.
3. Member
States
shall
ensure
that
effective
enforcement
(d) Where the Commission finds that the unit rates comply
measures are applied. These measures may include denial of
with the provisions of this Regulation and Implementing
services, detention of aircraft or other enforcement measures
Regulation (EU) No 390/2013, it shall notify the Member
in accordance with applicable law.
State concerned accordingly within four months after
submission of the unit rates.
CHAPTER IV
(e) Where the Commission finds that the unit rates do not
FINAL PROVISIONS
comply with the provisions of this Regulation and Imple
Article 19
menting Regulation (EU) No 390/2013, it shall, within four
months after submission of the unit rates, inform the
Appeal
Member State concerned accordingly, which shall within
Member States shall ensure that decisions taken pursuant to this
one month submit to the Commission revised unit rates.
Regulation are properly explained and are subject to an effective
review and/or appeal procedure.
(f) Member States shall inform the Commission and Euro
control, where appropriate, of the unit rates for each
Article 20
charging zone at the latest by 1 November of year n-1.
Facilitation of compliance monitoring
Unit rates shall be set in national currency. Where Member
Air navigation service providers shall facilitate inspections and
States which form part of a functional airspace block decide
surveys by the national supervisory authority concerned or by a
to establish a common charging zone with a single unit rate,
qualified entity acting on the supervisory authority’s behalf,
that unit rate shall be set in euro or in the national currency of
including site visits. The authorised persons shall be
one of the Member States concerned. The Member States
empowered:
concerned shall notify the Commission and Eurocontrol of
the applicable currency.
(a) to examine the relevant accounting documents, asset books,
inventories and any other material relevant to the estab
2. Where
performance
plans
are
adopted
after
1
November
lishment of air navigation charges;
of the year preceding the year in which the reference period
begins or revised in accordance with Articles 17 and 19 of
(b) to take copies of or extracts from such documents;
Implementing Regulation (EU) No 390/2013, unit rates shall
be recalculated where necessary on the basis of the final
adopted plan or the applicable corrective measures. To this
(c) to ask for oral explanations on site;
effect, and in accordance with Article 16 of Implementing
Regulation (EU) No 390/2013, Member States shall calculate
and apply their unit rate in accordance with the adopted
(d) to enter relevant premises, land or vehicles.
performance plan as early as possible in the course of the
first year of the reference period or the first year of the appli
Such inspections and surveys shall be carried out in compliance
cation of the revised performance plans and targets. The
with the procedures in force in the Member State in which they
difference in revenue due to the temporary application of the
are to be undertaken.
initial unit rate shall be carried over in the calculation of the
unit rate of the following year. For the first year of the reference
period or the first year of the application of the revised
Article 21
performance plans and targets, the traffic risk-sharing
Review
mechanism provided for in Article 13 shall be applied on the
basis of the determined costs and service units contained in the
The review by the Commission of the performance scheme,
final adopted performance plan and of the actual service units
referred to in Article 24 of Implementing Regulation (EU) No
for the year.
390/2013 shall include the traffic risk-sharing mechanism set
out in Article 13, the cost sharing mechanism set out in
Article 14, the incentive schemes established pursuant to
Article 18
Article 15, the modulation of charges pursuant to Article 16,
Collection of charges
and their impact and effectiveness in achieving the set
performance targets.
1. Member
States
may
collect
charges
through
a
single
charge per flight. Where charges are billed and collected on a
regional basis, the billing currency may be the euro and an
Article 22
administrative unit rate for billing and collection costs may be
Entry into force and application
added to the unit rate concerned. Member States shall ensure
that the amounts collected on their behalf are used to finance
1.
This Regulation shall enter into force on the twentieth day
the costs determined in accordance with the provisions of this
following that of its publication in the Official Journal of the
Regulation.
European Union.

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2. This
Regulation
shall
apply
from
the
second
reference
period
as
defined
in
Article
8
of
Implementing
Regulation (EU) No 390/2013 and during that period. With regards to the application of the performance
scheme, in order to allow the adoption of Union-wide targets provided for in Article 10(2) of Implementing
Regulation (EU) No 390/2013 before the start of the second reference period and the preparation and
adoption of performance plans in accordance with the provisions of Implementing Regulation (EU) No
390/2013 Articles 1(5), 3, 7(4), 9, 14(2)(b)-(f) and 17, as well as the Annexes of this Regulation shall apply
from the date of entry into force of this Regulation.
Article 23
Repeal of Commission Regulation (EC) No 1794/2006
Commission Regulation (EC) No 1794/2006 of 6 December 2006 laying down a common charging scheme
for air navigation services shall be repealed with effect from 1 January 2015.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 3 May 2013.
For the Commission
The President
José Manuel BARROSO

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ANNEX I
ASSESSMENT OF THE EXISTENCE OF MARKET CONDITIONS FOR THE PROVISION OF TERMINAL AIR
NAVIGATION SERVICES AND/OR CNS, MET AND AIS SERVICES IN ACCORDANCE WITH ARTICLE 3
The conditions to be assessed for determining whether terminal air navigation services and/or CNS, MET and AIS services
are provided under market conditions are as follows:
1. The extent to which service providers can freely offer to provide or withdraw the provision of these services:
(a) the existence or otherwise of any significant legal or economic barriers that would prevent a service provider from
offering to provide or withdrawing the provision of these services;
(b) the contract duration; and
(c) the existence of a procedure allowing assets and staff to be transferred from one air navigation service provider to
another.
2. The extent to which there is a free choice in respect to service provider, including, in the case of airports, the option to
self-supply:
(a) the existence or otherwise of legal, contractual or practical barriers to change service provider or in the case of
terminal air navigation services to move towards self-supply of air navigation services by airports;
(b) the role of airspace users’ representatives in selecting the service provider.
3. The extent to which it can be chosen from a range of service providers:
(a) the existence of a public tendering process (not applicable in case of self-supply);
(b) if applicable, evidence of alternative service providers participating in the tendering process and having provided
services in the past, including the option of self-supply for the airport.
4. For terminal air navigation services, the extent to which airports are subject to commercial cost pressures or incentive-
based regulation:
(a) whether airports actively compete for airline business;
(b) the extent to which airports bear the air navigation service charge;
(c) whether airports operate in a competitive environment or under economic incentives designed to cap prices or
otherwise incentivise cost reductions.
5. Where the provider of terminal air navigation services or CNS, MET and AIS services also provides en route air
navigation services, these activities shall be subjected to separate accounting and reporting.
6. For terminal air navigation services, the assessment in this Annex shall be carried out at each individual airport, as
appropriate.

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ANNEX II
TRANSPARENCY OF COSTS AND UNIT COSTS
1. REPORTING TABLE
Member States as well as air navigation service providers shall each fill in the reporting table in this Annex for each
charging zone under their responsibility and for each year of the reference period. Member States shall also provide a
consolidated reporting table for each charging zone under their responsibility.
A consolidated table shall be filled in for each airport subject to the provisions of this Regulation. For airports with
less than 70 000 IFR air transport movements per year being calculated as the average over the previous three years,
costs may be presented in a consolidated way.
When a charging zone extends across the airspace of more than one Member State, they shall fill in the table jointly in
accordance with the arrangements referred to in Article 5(4).
Actual costs shall be established on the basis of the final audited accounts. The costs shall be established in accordance
with the business plan required by the certificate and reported in the currency in which they are established in
accordance with Article 7(1), fourth subparagraph.
Actual service units shall be established on the basis of the figures provided by the entity that is billing and collecting
charges. Any difference from these figures shall be duly justified in the additional information.
In order to facilitate the establishment by the Commission of Union-wide performance targets and without prejudice
to the performance plans to be adopted, Member States as well as air navigation service providers shall fill in a
reporting table with initial forecast figures 19 months before the start of a reference period.

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Table 1 - Total Costs and Unit Costs
Charging zone name
Period of reference: N - N+4
Currency
Entity name:
Determined costs (performance plan) Actual
costs
Cost details
N N+1 N+2 N+3 N+4
N N+1 N+2 N+3 N+4
1. Detail by nature (in nominal terms)
1.1 Staff
1.2 Other operating costs ( 1 )
1.3 Depreciation
1.4 Cost of capital
1.5 Exceptional items
1.6 Total costs
Total %
n/n-1
Staff %
n/n-1
Other op. % n/n-1
2. Detail by service (in nominal terms)
2.1 Air
Traffic
Management
2.2 Communication
( 2 )
2.3 Navigation
( 2 )
2.4 Surveillance
( 2 )
2.5 Search
and
rescue
2.6 Aeronautical
Information
( 2 )
2.7 Meteorological
services
( 2 )
2.8 Supervision
costs
2.9 Other
State
costs
( 1 )
2.10 Total costs
Total % n/n-1
ATM %
n/n-1
CNS %
n/n-1
3. Complementary information (in nominal terms)
Average asset base
3.1 Net book val. fixed assets
3.2 Adjustments total assets
3.3 Net current assets
3.4 Total asset base
Cost of capital %
3.5 Cost of capital pre tax rate
3.6 Return on equity
3.7 Average interest on debts
Cost of common projects
3.8 Total costs of common
projects

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Costs exempted from cost sharing (Article 14(2)(b))
3.9 Total costs exempted from
cost sharing
4. Total costs after deduction of costs for services to exempted flights (in nominal terms)
4.1 Costs for exempted VFR flights
4.2 Total determined/actual
costs
5. Cost-efficiency KPI - Determined/Actual Unit Cost (in real terms)
5.1 Inflation % ( 3 )
5.2 Price index ( 4 )
5.3 Total costs real terms ( 5 )
Total % n/n-1
5.4 Total Service Units
Total % n/n-1
5.5 Unit cost
Total % n/n-1
Costs and asset base items in '000 - Service units in '000
( 1 ) Including EUROCONTROL costs (see details in Table 3).
( 2 ) To be left empty when such services are provided under the provisions of Article 3
( 3 ) Actual/forecast inflation used for establishing the determined costs in nominal terms – actual/revised forecast inflation
( 4 ) Forecast price index - base 100 in year N-3 inflation N-2: inflation
N-1:
Actual price index - base 100 in year N-3 inflation
N-2: inflation
N-1:
( 5 ) Determined costs (performance plan) in real terms – actual/revised forecast costs at N-3 prices

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2. ADDITIONAL INFORMATION
In addition, Member States as well as air navigation service providers shall each provide at least the following
information:
(a) description of the methodology used for allocating costs of facilities or services between different air navigation
services based on the list of facilities and services listed in ICAO Regional Air Navigation Plan, European Region
(Doc 7754), and a description of the methodology used for allocating those costs between different charging
zones;
(b) description of the methodology and assumptions used to establish the costs of air navigation services provided to
VFR flights, when exemptions are granted for VFR flights in accordance with Article 10;
(c) further to Article 7(2), description and justification of any adjustment beyond the provisions of the International
Accounting Standards;
(d) description and explanation of the method adopted for the calculation of depreciation costs: historic costs or
current costs. When current cost accounting is adopted, provision of comparable historic cost data;
(e) justification for the cost of capital, including the components of the asset base, the possible adjustments to total
assets and the return on equity;
(f) total costs per airport for each airports with fewer than 70 000 IFR air transport movements per year, when these
are provided in a consolidated way in the reporting table;
(g) definition of the criteria used to allocate costs between terminal and en route services for each airport within the
scope of this Regulation;
(h) breakdown of the meteorological costs between direct costs and ‘MET core costs’ defined as the costs of
supporting meteorological facilities and services that also serve meteorological requirements in general. These
include general analysis and forecasting, surface and upper-air observation networks, meteorological communi
cation systems, data processing centres and supporting core research, training and administration;
(i) description of the methodology used for allocating total MET costs and MET core costs to civil aviation and
between charging zones;
(j) as requested in point 1, 19 months before the start of a reference period, description of the reported forecast costs
and traffic;
(k) description of the reported actual costs and the difference from the determined costs, for each year of the
reference period;
(l) description of the reported actual service units and the differences both against the forecast and compared with
the figures provided by Eurocontrol, as appropriate, for each year of the reference period;
(m) every year of the reference period, the difference between the investments of the air navigation service providers
recorded in the performance plans and the actual spending, as well as the difference between the planned date of
entry into operation of these investments and the actual situation.

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L 128/48
EN
Official Journal of the European Union
9.5.2013
ANNEX III
SPECIFIC TRANSPARENCY REQUIREMENTS FOR AIR NAVIGATION SERVICES PROVIDED UNDER
MARKET CONDITIONS
Information disclosed in application of this Annex shall be confidential to the Commission and not made publicly
available.
1. THE
COSTS
OF
AIR
NAVIGATION
SERVICES
1.1. Reporting table
Member States shall fill the reporting tables in this Annex. Tables A and B shall be filled in for the entire charging
zone, with the exception in the case of terminal air navigation services, Table B on prices shall be filled in for each
airport where air navigation services are provided under market conditions in the terminal charging zone under their
responsibility.
For Table A, the figures shall be actual figures for year (n-3) until year (n-1) and planned figures for year (n)
onwards. Actual costs shall be established on the basis of final audited accounts. Planned costs shall be established in
accordance with the business plan required by the certificate.
For Table B, the annual price shall reflect the value of the contract. The unit of output considered to determine the
value of the contract shall be described and reported in the table by the Member State concerned.
Costs and prices shall be established in national currency.
Table A
Year
n
Organisation:

Charging zone:
(n-3)
(n-2)
(n-1)
(n+1)
(n+2)
(n+3)
(n+4)
(n+5)
A
A
A (n) F
F
P
P
P
P
Detail by nature
Staff
Other operating costs
Depreciation
Cost of capital
Exceptional items
Total costs

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EN
9.5.2013 Official
Journal
of
the
European
Union L
128/49
Table B
Year
n
Organisation:

Charging zone:
Airport name:
Airport i
(n-3) (n-2) (n-1) (n) (n+1) (n+2) (n+3) (n+4) (n+5)
Annual Price (a)
Unit of Output (b)
Unit Price
1.2. Additional information
In addition, Member States shall provide at least the following information:
(a) description of the criteria used for allocating costs of facilities or services between different air navigation
services based on the list of facilities and services listed in ICAO Regional Air Navigation Plan, European
Region (Doc 7754);
(b) description and explanation of differences between planned and actual figures for year (n-1) in respect to all data
provided in Tables A and B;
(c) description and explanation of five year planned costs and investments in relation to expected traffic;
(d) description and explanation of the method adopted for calculating depreciation costs: historic costs or current
costs;
(e) justification for the cost of capital, including the components of the asset base.
2. THE
FINANCING
OF
AIR
NAVIGATION
SERVICES
Air navigation service providers shall provide a description of the way or ways in which the costs of air navigation
services are financed in respect to each charging zone.

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L 128/50
EN
Official Journal of the European Union
9.5.2013
ANNEX IV
CALCULATION OF THE EN ROUTE SERVICE UNITS AND UNIT RATES
1. Calculation
of en route service units
1.1. The en route service unit shall be calculated as the product of the distance factor and the weight factor for the aircraft
concerned. The total en route service units shall consist of the total service units in respect of IFR flights, as well as
the service units in respect of VFR flights, where these are not exempted in accordance with Article 10.
1.2. The distance factor shall be obtained by dividing by one hundred the number of kilometres flown in the great circle
distance between the entry and the exit point of the charging zones, according to the latest known flight plan filed
by the aircraft concerned for air traffic flow purposes.
1.3. If the exit and entry point of a flight are identical in a charging zone, the distance factor shall be equal to the
distance in the great circle distance between these points and the most distant point of the flight plan multiplied by
two.
1.4. The distance to be taken into account shall be reduced by 20 kilometres for each take-off from and for each landing
on the territory of a Member State.
1.5. The weight factor, expressed as a figure taken to two decimal places, shall be the square root of the quotient
obtained by dividing by fifty the number of metric tons in the maximum certificated take-off weight of the aircraft as
shown in the certificate of airworthiness or any equivalent official document provided by the aircraft operator.
Where this weight is unknown, the weight of the heaviest aircraft of the same type known to exist shall be used.
Where an aircraft has multiple certificated maximum take-off weights, the maximum one shall be used. Where an
aircraft operator operates two or more aircraft which are different versions of the same type, the average of the
maximum take-off weights of all his aircraft of that type shall be used for each aircraft of that type. The calculation
of the weight factor per aircraft type and per operator shall be effected at least once a year.
2. Calculation
of en route unit rates
2.1. The en route unit rate shall be calculated before the beginning of each year of the reference period.
2.2. It shall be calculated by dividing the forecast number of total en route service units for the relevant year as defined in
the performance plan into the algebraic sum of the following elements:
(i) the determined costs, expressed in nominal terms of the relevant year as defined in the performance plan;
(ii) the adjustment of the difference between forecasted and actual inflation as referred to in Article 7(1);
(iii) the recovery of restructuring costs, if authorised in accordance with Article 7(4);
(iv) the carry-overs resulting from the implementation of the traffic risk-sharing mechanism referred to in
Article 13;
(v) the carry-overs from the previous reference period resulting from the implementation of the cost sharing
mechanism referred to in Article 14;
(vi) bonuses and penalties resulting from the financial incentive schemes referred to in Article 15;
(vii) the over-or under-recoveries that may result from the modulation of air navigation charges in application of
Article 16;
(viii) the over-or under-recoveries resulting from traffic variations;
(ix) for the first two reference periods, the over- or under-recoveries incurred by Member States up to and including
the year 2011;
(x) a deduction of other revenue.

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EN
9.5.2013 Official
Journal
of
the
European
Union L
128/51
ANNEX V
CALCULATION OF THE TERMINAL SERVICE UNITS AND UNIT RATES
1. Calculation
of
terminal
service
units
1.1. The terminal service unit shall be equal to the weight factor for the aircraft concerned.
1.2. The weight factor, expressed as a figure taken to two decimal places, shall be the quotient, obtained by dividing by
fifty the number of metric tons in the highest maximum certified take-off weight of the aircraft, referred to in Annex
IV point 1.5, to the power of 0,7.
2. Calculation
of
terminal
unit
rates
2.1. The terminal unit rate shall be calculated before the beginning of each year of the reference period.
2.2. It shall be calculated by dividing the forecast number of total terminal service units for the relevant year as defined in
the performance plan into the algebraic sum of the following elements:
(i) the determined costs, expressed in nominal terms, of the relevant year as defined in the performance plan;
(ii) the adjustment of the difference between forecasted and actual inflation as referred to in Article 7(1);
(iii) the recovery of restructuring costs, if authorised in accordance with Article 7(4);
(iv) the carry-overs resulting from the implementation of the traffic risk-sharing mechanism referred to in
Article 13, if applicable;
(v) the carry-overs from the previous reference period resulting from the implementation of the cost sharing
mechanism referred to in Article 14;
(vi) bonuses and penalties resulting from the financial incentive schemes referred to in Article 15;
(vii) the over-or under-recoveries that may result from the modulation of air navigation charges in application of
Article 16;
(viii) the over-or under-recoveries resulting from traffic variations;
(ix) for the first two reference periods, the over- or under-recoveries incurred by Member States up to and including
the year 2014;
(x) a deduction of other revenue.

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L 128/52
EN
Official Journal of the European Union
9.5.2013
ANNEX VI
CHARGING MECHANISM
1. REPORTING TABLE
Member States as well as air navigation service providers shall each fill in the reporting table in this Annex for each
charging zone under their responsibility and for each reference period. Member States shall also provide a consolidated
table for each charging zone under their responsibility.
When a charging zone extends across the airspace of more than one Member State, they shall fill in the table jointly in
accordance with the provisions of Article 5(4).

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EN
9.5.2013 Official
Journal
of
the
European
Union L
128/53
Table 2 - Unit rate calculation
Charging zone name :
Period of reference : N - N+4
Entity name:
Unit rate calculation
N N+1 N+2 N+3 N+4
1. Determined costs in nominal terms and inflation adjustment
1.1 Determined
costs
in
nominal
terms
-
VFR
excl.
-
Table
1
1.2 Actual
inflation
rate
-
Table
1
1.3 Forecast
inflation
rate
-
Table
1
1.4 Inflation
adjustment
( 1 ) : year n amount to be carried over
2. Forecast and actual total service units
2.1 Forecast
total
service
units
(performance
plan)
2.2 Actual
total
service
units
2.3 Actual
/
forecast
total
service
units
(in
%)
3. Costs subject to traffic risk sharing
3.1 Determined
costs
in
nominal
terms
-
VFR
excl.
(reported
from
Table
1)
3.2 Inflation
adjustment
:
amount
carried
over
to
year
n
3.3 Traffic
:
amounts
carried
over
to
year
n
3.4 Traffic
risk
sharing
:
add.
revenue
carried
over
to
year
n
3.5 Traffic
risk
sharing
:
revenues
losses
carried
over
to
year
n
3.6 Costs
exempt
from
cost
sharing
:
amounts
carried
over
to
year
n
3.7 Bonus
or
penalty
for
performance
3.8 Over(-)
or
under(+)
recoveries
( 2 ) : amounts carried over to year n
3.9 Total
for
the
calculation
of
year
n
unit
rate
3.10 Traffic risk sharing : add. rev. year n to be carried-over
3.11 Traffic risk sharing : revenue loss year n to be carried-over
3.12 Over/under recoveries from traffic variations n to be carried-over
Parameters for traffic risk sharing
3.13 % additional revenue returned to users in year n+2
3.14 % loss of revenue borne by airspace users
4. Costs not subject to traffic risk sharing
4.1 Determined
costs
in
nominal
terms
-
VFR
excl.
(Table
1)
4.2 Inflation
adjustment
:
amount
carried
over
to
year
n
4.3 Traffic
:
amounts
carried
over
to
year
n
4.4 Costs
exempt
from
cost
sharing
:
amounts
carried
over
to
year
n
4.5 Restructuring
costs
:
amounts
carried
over
to
year
n
4.6 Over(-)
or
under(+)
recoveries
( 2 ) : amounts carried over to year n
4.7 Total
for
the
calculation
of
year
n
unit
rate
4.8 Over/under
recoveries
from
traffic
variations
n
to
be
carried-over
5. Other revenues - applied unit rate (in national currency)
5.1 Total
other
revenues
5.3 of
which
Union
assistance
programmes
5.4
of which National public funding
5.5 Commercial
activities
5.6 Other
other
revenues
5.7 Grand
total
for
the
calculation
of
year
n
unit
rate
5.8 Year
n
unit
rate
(in
national
currency)
5.9 ANSP
component
of
the
unit
rate
5.10 MET component of the unit rate
5.11 NSA-State component of the unit rate
5.12 Year n unit rate that would have applied without other revenues
Costs, revenues and other amounts in '000 Euro - Service units in '000
( 1 ) Cumulated impact of yearly differences between actual and forecast inflation – adjustment of the total determined costs
( 2 ) Over/under recoveries incurred up to the year of entry into force of the determined cost method

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L 128/54
EN
Official Journal of the European Union
9.5.2013
2. ADDITIONAL INFORMATION
In addition, Member States concerned shall collect and provide at least the following information:
(a) description and rationale for establishment of the different charging zones, in particular with regard to terminal
charging zones and potential cross-subsidies between airports;
(b) description of the policy on exemptions and description of the financing means to cover the related costs;
(c) description of the other revenues, if any, broken down between the different categories indicated in Article 2(10);
(d) description and explanation of incentives applied to users of air navigation services under Article 15;
(e) description and explanation of the modulation of air navigation charges applied under Article 16.

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EN
9.5.2013 Official
Journal
of
the
European
Union L
128/55
ANNEX VII
COMPLEMENTARY INFORMATION
1. REPORTING TABLE
Member States shall fill in the reporting table in this Annex for each charging zone under their responsibility and for
each year of the reference period.

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L 128/56
EN
Official Journal of the European Union
9.5.2013
Table 3 - Complementary Information
Charging zone name
Period of reference : N - N+4
PART A: Complementary Information on costs
N N+1 N+2 N+3 N+4
N N+1 N+2 N+3 N+4
Determined costs (performance plan) Actual
costs
Eurocontrol costs
1.1 EUROCONTROL
costs
(Euro)
1.2 Exchange
rate
(if
applicable)
Cost of common projects
2.1 Total
costs
of
common
projects
2.2 Common
project
1
2.3 Common
project
2
2.4 Common
project
…
Costs exempted from the cost sharing arrangements - Article 14(2)(b) (by nature)
3.1 Staff
3.2 Other
operating
costs
3.3 Depreciation
3.4 Cost
of
capital
3.5 Exceptional
items
3.6 Total
costs
exempted
from
cost
sharing
Costs exempted from the cost sharing arrangements - Article 14(2)(b) (by factor/item)
3.7 Pension
3.8 Interest
rates
on
loans
3.9 National
taxation
law
3.10 New cost item required by law
3.11 International agreements
3.12 Total costs exempted from cost sharing
Restructuring costs, if authorised in
Planned costs (business case) Actual
costs
(for
information)
accordance with Article 7(4)
4.1 Total restructuring costs
PART B: Complementary information on
Before
adjustments
Amounts
Total
C/O
RP
N N+1 N+2 N+3 N+4 After
RP
Inflation adjustment Year N-2
Inflation adjustment Year N-1
Inflation adjustment Year N
Inflation adjustment Year N+1
Inflation adjustment Year N+2
Inflation adjustment Year N+3
Inflation adjustment Year N+4
Total Inflation Adjustment
Traffic balance Year N-2
Traffic balance Year N-1
Traffic balance Year N
Traffic balance Year N+1
Traffic balance Year N+2
Traffic balance Year N+3
Traffic balance Year N+4
Total Traffic Adjustment
Traffic risk sharing revenue Year N-2
Traffic risk sharing revenue Year N-1
Traffic risk sharing revenue Year N
Traffic risk sharing revenue Year N+1
Traffic risk sharing revenue Year N+2
Traffic risk sharing revenue Year N+3
Traffic risk sharing revenue Year N+4
Total Traffic Risk sharing revenue
adjustment

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EN
9.5.2013 Official
Journal
of
the
European
Union L
128/57
Traffic risk sharing loss Year N-4
Traffic risk sharing loss Year N-3
Traffic risk sharing loss Year N-2
Traffic risk sharing loss Year N-1
Traffic risk sharing loss Year N
Traffic risk sharing loss Year N+1
Traffic risk sharing loss Year N+2
Total Traffic Risk sharing loss adjustment
Costs exempted from cost sharing Year N-5
Costs exempted from cost sharing Year N-4
Costs exempted from cost sharing Year N-3
Costs exempted from cost sharing Year N-2
Costs exempted from cost sharing Year N-1
Total costs exempted from cost sharing
O-u recoveries before determined costs
Year 2005
O-u recoveries before determined costs
Year 2006
O-u recoveries before determined costs
Year 2007
O-u recoveries before determined costs
Year 2008
O-u recoveries before determined costs
Year 2009
O-u recoveries before determined costs
Year 2010
O-u recoveries before determined costs
Year 2011
O-u recoveries before determined costs
Year 2012 (TNC only)
O-u recoveries before determined costs
Year 2013 (TNC only)
O-u recoveries before determined costs
Year 2014 (TNC only)
Total carry-overs

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L 128/58
EN
Official Journal of the European Union
9.5.2013
2. ADDITIONAL INFORMATION
In addition, Member States shall provide at least the following information:
(a) breakdown of the costs of common projects per individual project;
(b) description of the amounts resulting from uncontrollable costs factors by nature and by factor, including the
rationale and the changes in underlying assumptions;
(c) description of the carry-overs of over- or under-recoveries incurred by Member States up to the year 2011 for en
route charges and up to the year 2014 for terminal charges;
(d) description of carry-overs resulting from the traffic risk-sharing mechanism in accordance with Article 13;
(e) description of carry-overs resulting from the cost sharing mechanism in accordance with Article 14(2).

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Document Outline

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