Commission Decision (EU) 2025/1059 of 19 May 2025 on the consistency of the performance targets included in the draft performance plan submitted by Portugal pursuant to Regulation (EC) No 549/2004 of the European Parliament and of the Council with the Union-wide performance targets for the fourth reference period of the Single European Sky performance and charging scheme (notified under document C(2025) 2929)

Official Journal EN of the European Union L series 2025/1059 28.5.2025 COMMISSION DECISION(EU) 2025/1059 of 19 May 2025 on the consistency of the performance targets included in the draft performance plan submitted by Portugal pursuant to Regulation (EC) No 549/2004 of the European Parliament and of the Council with the Union-wide performance targets for the fourth reference period of the Single European Sky performance and charging scheme (notified under document C(2025) 2929) (Only the Portuguese text is authentic) THE EUROPEAN COMMISSION, Having regard to the Treaty on the Functioning of the European Union, Having regard to Regulation (EC) No 549/2004 of the European Parliament and of the Council of 10 March 2004 laying down the framework for the creation of the single European sky (the framework Regulation)(1), and in particular Article 11(3) point (c) thereof, Having regard to Regulation (EU) 2024/2803 of the European Parliament and of the Council of 23 October 2024 on the implementation of the Single European Sky(2), and in particular Article 58(3) thereof, Having regard to Commission Implementing Regulation (EU) 2019/317 of 11 February 2019 laying down a performance and charging scheme in the single European sky and repealing Implementing Regulations (EU) No 390/2013 and (EU) No 391/2013(3), and in particular Article 14(2) thereof, Whereas: GENERAL CONSIDERATIONS (1) Pursuant to Article 11 of Regulation (EC) No 549/2004, Member States are to draw up plans, either at national level or at the level of functional airspace blocks (‘FABs’), including performance targets, for each reference period of the performance and charging scheme for air navigation services and network functions. Those plans are to include local performance targets which are consistent with the Union-wide performance targets for the reference period concerned. (2) The Union-wide performance targets for the fourth reference period (‘RP4’, 2025-2029) were set out in Commission Implementing Decision (EU) 2024/1688(4). (3) All Member States have drawn up and adopted draft performance plans for RP4, which were submitted to the Commission for assessment by 1 October 2024. Following the verification of completeness of those draft performance plans, the Commission requested Member States to submit updated draft performance plans by 15 November 2024. (4) The Commission’s assessment presented in this Decision is based on the updated draft performance plan for RP4 submitted by Portugal (‘the draft performance plan’). (5) The Performance Review Body (‘PRB’), assisting the Commission in the implementation of the performance scheme, has submitted to the Commission a report containing its advice on the assessment of the draft performance plans. (1) OJ L 96, 31.3.2004, p. 1, ELI: http://data.europa.eu/eli/reg/2004/549/oj. (2) OJ L, 2024/2803, 11.11.2024, ELI: http://data.europa.eu/eli/reg/2024/2803/oj. (3) OJ L 56, 25.2.2019, p. 1, ELI: http://data.europa.eu/eli/reg_impl/2019/317/oj. (4) Commission Implementing Decision (EU) 2024/1688 of 12 June 2024 setting Union-wide performance targets for the air traffic management network for the fourth reference period from 1 January 2025 to 31 December 2029 (OJ L, 2024/1688, 17.6.2024, ELI: http://data.europa.eu/eli/dec_impl/2024/1688/oj). ELI: http://data.europa.eu/eli/dec/2025/1059/oj 1/7EN OJ L, 28.5.2025 (6) In accordance with Article 14(1) of Implementing Regulation (EU) 2019/317, the Commission has assessed the consistency of the local performance targets included in the draft performance plan on the basis of the criteria laid down in point 1 of Annex IV to that Implementing Regulation, and taking account of local circumstances where relevant. (7) The Commission has complemented its assessment of the draft performance plan with a review of the elements set out in point 2 of Annex IV to that Implementing Regulation. In respect of point 2.1(d)(vii) of Annex IV to Implementing Regulation (EU) 2019/317, the Commission notes that it has not conducted, as part of that review, a detailed analysis of the methodology used by Portugal for the allocation of costs between en route and terminal services in RP4. Therefore, the Commission has not drawn any conclusions, at this stage, in respect of the compliance of that cost allocation methodology with points (e) and (f) of Article 15(2) Regulation (EC) No 550/2004 of the European Parliament and of the Council(5) and Article 22(5) of Implementing Regulation (EU) 2019/317. COMMISSION ASSESSMENT Assessment of the safety targets (8) As regards the key performance area of safety, the consistency of the targets included in the draft performance plan has been assessed in accordance with point 1.1 of Annex IV to Implementing Regulation (EU) 2019/317. (9) The performance targets in the key performance area of safety proposed by Portugal in respect of the effectiveness of safety management, broken down per safety management objective and expressed as a level of implementation, are as follows: Targets on the effectiveness of safety management, expressed as a level of implementation, Portugal ranging from EASA level A to D Air navigation Safety management 2025 2026 2027 2028 2029 service provider objective Safety policy and C C C C C objectives Safety risk management C C C D D NAV Portugal Safety assurance C C C C C Safety promotion C C C C C Safety culture C C C C C (10) The Commission has found that the safety performance targets proposed by Portugal for the air navigation service provider ‘NAV Portugal’ are equal to the Union-wide safety targets for each calendar year from 2025 to 2029, except for the ‘safety risk management’ objective for which the level of the Union-wide target is planned to be reached in year 2029. (11) The Commission notes that the draft performance plan sets out measures for NAV Portugal for the achievement of the local safety targets, such as strengthening the role and staffing of internal units relevant to safety, and introducing predictive tools and methodologies in safety management activities. (5) Regulation (EC) No 550/2004 of the European Parliament and of the Council of 10 March 2004 on the provision of air navigation services in the single European sky (the service provision Regulation) (OJ L 96, 31.3.2004, p. 10, ELI: http://data.europa.eu/eli/reg/ 2004/550/oj). 2/7 ELI: http://data.europa.eu/eli/dec/2025/1059/ojEN OJ L, 28.5.2025 (12) On the basis of the findings set out in recitals (9), (10) and (11) and considering that the Union-wide safety performance targets set in Implementing Decision (EU) 2024/1688 must be achieved by the final year of RP4, that is, 2029, the local safety performance targets included in the draft performance plan should be considered consistent with the Union-wide performance targets. Assessment of the environment targets (13) As regards the key performance area of environment, the consistency of the targets included in the draft performance plan regarding the average horizontal en routeflight efficiency of the actual trajectory has been assessed based on the criterion laid down in point 1.2 of Annex IV to Implementing Regulation (EU) 2019/317. Accordingly, the proposed environment targets of Portugal have been compared to the relevant en route horizontal flight efficiency reference values set out in the European Route Network Improvement Plan (‘ERNIP’), drawn up in accordance with Annex I to Commission Implementing Regulation (EU) 2019/123(6) and available at the time of adopting the Union-wide performance targets for RP4, that is on 2 July 2024. (14) The environment performance targets proposed by Portugal for RP4 and the corresponding national reference values from the ERNIP, expressed as the average horizontal en routeflight efficiency of the actual trajectory, are as follows: Portugal 2025 2026 2027 2028 2029 Targets in the key performance area of environment, expressed as 1,48 % 1,46 % 1,44 % 1,42 % 1,40 % the average horizontal en routeflight efficiency of the actual trajectory Reference values 1,48 % 1,46 % 1,44 % 1,42 % 1,40 % (15) The Commission observes that the environment targets proposed by Portugal are equal to the corresponding national reference values for each calendar year of RP4. (16) The Commission notes that Portugal has presented in the draft performance plan measures for the achievement of the local environment targets, which include cross-border free route airspace initiatives and a restructuring of the airspace in collaboration with the Network Manager. (17) On the basis of the findings set out in recitals (14), (15) and (16), the targets in the key performance area of environment included in the draft performance plan should be considered consistent with the Union-wide performance targets for RP4. Assessment of the capacity targets (18) As regards the key performance area of capacity, the consistency of the targets included in the draft performance plan regarding the average en routeair traffic flow management (‘ATFM’) delay per flight has been assessed based on the criterion laid down in point 1.3 of Annex IV to Implementing Regulation (EU) 2019/317. Accordingly, the proposed en route capacity targets of Portugal have been compared to the relevant reference values set out in the Network Operations Plan drawn up in accordance with Article 9 of Commission Implementing Regulation (EU) 2019/123 and available at the time of adopting the Union-wide performance targets for RP4, that is on 2 July 2024. (6) Commission Implementing Regulation (EU) 2019/123 of 24 January 2019 laying down detailed rules for the implementation of air traffic management (ATM) network functions and repealing Commission Regulation (EU) No 677/2011 (OJ L 28, 31.1.2019, p. 1, ELI: http://data.europa.eu/eli/reg_impl/2019/123/oj). ELI: http://data.europa.eu/eli/dec/2025/1059/oj 3/7EN OJ L, 28.5.2025 (19) The en routecapacity targets proposed by Portugal for RP4, expressed in minutes of ATFM delay per flight, and the corresponding reference values from the Network Operations Plan, are as follows: Portugal 2025 2026 2027 2028 2029 Targets in the key performance area of capacity, expressed in 0,30 0,23 0,19 0,16 0,16 minutes of en routeATFM delay per flight Reference values 0,30 0,23 0,19 0,16 0,16 (20) The Commission observes that the en route capacity targets proposed by Portugal are equal to the corresponding national reference values for each calendar year of RP4. (21) The Commission notes that Portugal has presented, in the draft performance plan, measures for the achievement of its en routecapacity targets. Those measures include a significant increase in the number of air traffic controllers in operations at the area control centre, and a restructuring of airspace in order to enhance the available capacity and mitigate the current capacity bottlenecks. Having regard to the findings of the PRB, the Commission considers that Portugal should commit to the implementation of all the operational measures set out in the Network Operations Plan, in order to support the achievement of its capacity performance targets for RP4. (22) On the basis of the findings set out in recitals (19), (20) and (21), the targets in the key performance area of capacity included in the draft performance plan should be considered consistent with the Union-wide performance targets for RP4. Review of the capacity targets for terminal air navigation services (23) In accordance with point 2.1(b) of Annex IV to Implementing Regulation (EU) 2019/317, the Commission has complemented its assessment of the draft performance plan by reviewing the capacity performance targets for terminal air navigation services set in respect of the airports referred to in Articles 1(3) and (4) of that Implementing Regulation. It was found that those targets do not give rise to concerns. Assessment of the cost-efficiency targets (24) As regards the key performance area of cost-efficiency, the consistency of the targets included in the draft performance plan regarding the determined unit cost (‘DUC’) for en route air navigation services has been assessed based on the criteria laid down in points 1.4(a), (b) and (c) of Annex IV to Implementing Regulation (EU) 2019/317. Those criteria consist of the DUC trend over RP4, the long-term DUC trend over the third reference period (‘RP3’) and RP4 (2020-2029), and the baseline value for the DUC at charging zone level compared with the average value of the charging zones where air navigation service providers have a similar operational and economic environment. 4/7 ELI: http://data.europa.eu/eli/dec/2025/1059/ojEN OJ L, 28.5.2025 (25) The en routecost-efficiency targets proposed by Portugal for RP4, and the related baseline values, are as follows: 2019 2024 En routecharging zone of baseline baseline 2025 2026 2027 2028 2029 Portugal value value Targets and baseline values in the key performance area EUR EUR EUR EUR EUR EUR EUR of cost-efficiency,expressed 38,15 37,42 36,94 36,92 36,48 35,27 33,71 as determined unit cost (in real terms at 2022 prices) (26) Concerning the assessment criterion set out in point 1.4(a) of Annex IV to Implementing Regulation (EU) 2019/317, the Commission observes that Portugal’s DUC trend at charging zone level of - 2,1 % over RP4 outperforms the Union-wide trend of - 1,2 % over the same period. (27) Concerning the assessment criterion set out in point 1.4(b) of Annex IV to Implementing Regulation (EU) 2019/317, the Commission observes that Portugal’s long-term DUC trend at charging zone level over RP3 and RP4 of - 1,4 % outperforms the long-term Union-wide trend of - 1,0 % over the same period. (28) Concerning the assessment criterion set out in point 1.4(c) of Annex IV to Implementing Regulation (EU) 2019/317, the Commission observes that Portugal’s baseline value for the DUC of EUR 37,42 in real terms at 2022 prices (‘EUR2022’) is +49,3 % higher than the average baseline value of EUR 25,06 in EUR2022 of the relevant comparator group set out in Article 7 Implementing Decision (EU) 2024/1688. (29) As specified in recitals (26) and (27), it is clear that Portugal outperforms the Union-wide DUC for RP4 by a significant margin and also outperforms the long-term Union-wide DUC trend. Portugal thus demonstrates that effective cost-efficiency gains are achieved both over the medium and long term. Therefore, the Commission considers that the deviation between Portugal’s baseline value and the relevant comparator group referred to in recital (28) does not preclude Portugal’s consistency with the Union-wide cost-efficiency performance targets. (30) On the basis of the findings set out in recitals (25) to (29), the targets in the key performance area of cost-efficiency included in the draft performance plan should be considered consistent with the Union-wide performance targets for RP4. Review of the cost-efficiency targets for terminal air navigation services (31) In accordance with point 2.1(c) of Annex IV to Implementing Regulation (EU) 2019/317, the Commission has complemented its assessment of the draft performance plan by reviewing the cost-efficiency performance targets for terminal air navigation services set in respect of the airports referred to in Articles 1(3) and (4) of that Implementing Regulation. It was found that those targets do not give rise to concerns. CONCLUSIONS (32) In the light of the foregoing, the performance targets included in the draft performance plan of Portugal should be considered consistent with the Union-wide performance targets for RP4, ELI: http://data.europa.eu/eli/dec/2025/1059/oj 5/7EN OJ L, 28.5.2025 HAS ADOPTED THIS DECISION: Article 1 The performance targets included in the draft performance plan submitted by Portugal for the fourth reference period (‘RP4’), listed in the Annex to this Decision, are consistent with the Union-wide performance targets for RP4 set out in Implementing Decision (EU) 2024/1688. Article 2 This Decision is addressed to the Portuguese Republic. Done at Brussels, 19 May 2025. For the Commission Apostolos TZITZIKOSTAS Member of the Commission 6/7 ELI: http://data.europa.eu/eli/dec/2025/1059/ojEN OJ L, 28.5.2025 ANNEX Performance targets included in the draft performance plan of Portugal, found to be consistent with the Union- wide performance targets for the fourth reference period KEY PERFORMANCE AREA OF SAFETY Targets on the effectiveness of safety management,expressed as a level of implementation, Portugal ranging from European Aviation Safety Agency (‘EASA’) level A to D Air navigation service Safety management objective 2025 2026 2027 2028 2029 provider Safety policy and objectives C C C C C Safety risk management C C C D D NAV Portugal Safety assurance C C C C C Safety promotion C C C C C Safety culture C C C C C KEY PERFORMANCE AREA OF ENVIRONMENT Portugal 2025 2026 2027 2028 2029 Targets in the key performance area of environment,expressed as the 1,48 % 1,46 % 1,44 % 1,42 % 1,40 % average horizontal en route flight efficiency of the actual trajectory KEY PERFORMANCE AREA OF CAPACITY Portugal 2025 2026 2027 2028 2029 Targets in the key performance area of capacity, expressed in minutes 0,30 0,23 0,19 0,16 0,16 of en routeATFM delay per flight KEY PERFORMANCE AREA OF COST-EFFICIENCY 2019 2024 En routecharging zone of baseline baseline 2025 2026 2027 2028 2029 Portugal value value Targets and baseline values in the key performance area EUR EUR EUR EUR EUR EUR EUR of cost-efficiency, expressed 38,15 37,42 36,94 36,92 36,48 35,27 33,71 as determined unit cost (in real terms at 2022 prices) ELI: http://data.europa.eu/eli/dec/2025/1059/oj 7/7