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the Commission, in coordination with the national supervisory authorities, and to assist
the national supervisory authorities on request in the implementation of the performance
scheme referred to in paragraph 1. The Commission shall ensure that the performance
review body acts independently when carrying out the tasks entrusted to it by the
Commission.
3. (a) The Community-wide performance targets for the air traffic management network
shall be adopted by the Commission in accordance with the regulatory procedure
referred to in Article 5(3), after taking into account the relevant inputs from
national supervisory authorities at national level or at the level of functional
airspace blocks.
(b) The national or functional airspace block plans referred to in point (b) of
paragraph 1 shall be drawn up by national supervisory authorities and adopted by
the Member State(s). These plans shall include binding national targets or targets
at the level of functional airspace blocks and an appropriate incentive scheme as
adopted by the Member State(s). Drafting of the plans shall be subject to
consultation with air navigation service providers, airspace users' representatives,
and, where relevant, airport operators and airport coordinators.
(c) The consistency of the national or functional airspace block targets with the
Community-wide performance targets shall be assessed by the Commission using
the assessment criteria referred to in point (d) of paragraph 6.
In the event that the Commission identifies that one or more national or
functional airspace block targets do not meet the assessment criteria, it may
decide, in accordance with the advisory procedure referred to in Article 5(2)¸ to
issue a recommendation that the national supervisory authorities concerned
propose revised performance target(s). The Member State(s) concerned shall
adopt revised performance targets and appropriate measures which shall be
notified to the Commission in due time.
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Where the Commission finds that the revised performance targets and appropriate
measures are not adequate, it may decide, in accordance with the regulatory
procedure referred to in Article 5(3), that the Member States concerned shall take
corrective measures.
Alternatively, the Commission may decide, with adequate supporting evidence, to
revise the Community-wide performance targets in accordance with the
regulatory procedure referred to in Article 5(3).
(d) The reference period for the performance scheme shall cover a minimum of three
years and a maximum of five years. During this period, in the event that the
national or functional airspace block targets are not met, the Member States
and/or the national supervisory authorities shall apply the appropriate measures
they have defined. The first reference period shall cover the first three years
following the adoption of the implementing rules referred to in paragraph 6.
(e) The Commission shall carry out regular assessments of the achievement of the
performance targets and present the results to the Single Sky Committee.
4. The following procedures shall apply to the performance scheme referred to in paragraph
1:
(a) collection, validation, examination, evaluation and dissemination of relevant data
related to the performance of air navigation services and network functions from
all relevant parties, including air navigation service providers, airspace users,
airport operators, national supervisory authorities, Member States and
Eurocontrol;
(b) selection of appropriate key performance areas on the basis of ICAO Document
No 9854 "Global Air Traffic Management Operational Concept", and consistent
with those identified in the Performance Framework of the ATM Master Plan,
including safety, the environment, capacity and cost-efficiency areas, adapted
where necessary in order to take into account the specific needs of the single
European sky and relevant objectives for these areas and definition of a limited
set of key performance indicators for measuring performance;
(c) establishment of Community-wide performance targets that shall be defined
taking into consideration inputs identified at national level or at the level of
functional airspace blocks;
(d) assessment of the national or functional airspace block performance targets on the
basis of the national or functional airspace block plan; and
(e) monitoring of the national or functional airspace block performance plans,
including appropriate alert mechanisms.
The Commission may add to the list of procedures referred to in this paragraph. These
measures designed to amend non-essential elements of this Regulation, by supplementing
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Performance Review Report 2009(86)
