Commission Implementing Decision (EU) 2023/1336 of 16 June 2023 on corrective measures to be taken by Belgium and Luxembourg regarding certain performance targets for the third reference period in accordance with Regulation (EC) No 549/2004 of the European Parliament and of the Council (notified under document C(2023)3852) Only the Dutch and French texts are authentic (Text with EEA relevance)

Article 1

(1)   Belgium and Luxembourg shall define and communicate to the Commission corrective measures designed to achieve the consistency of national cost-efficiency performance targets with the Union-wide cost-efficiency performance targets for the third reference period within three months from the date of the adoption of this Decision. (2)   Belgium and Luxembourg shall start applying those corrective measures in respect of skeyes and the Maastricht Upper Area Control Centre (‘MUAC’) in RP3. Those measures shall result in the reduction of the determined costs for the Belgium-Luxembourg en route charging zone by an amount leading to the consistency of the national cost-efficiency performance targets with the Union-wide cost-efficiency performance targets. That amount will be more precisely determined by Belgium and Luxembourg on the basis of the results of the compliance review referred to in recital (131) of this Decision and reviewed by the Commission as a part of its assessment under Article 15(7) of Commission Implementing Regulation (EU) 2019/317, taking account of the evidence resulting from that compliance review. The corrective measures shall lead to the reduction of the operating costs of both skeyes and MUAC. (3)   In defining the corrective measures, Belgium and Luxembourg may also take account of the proposed additional measures set out in the Annex. (4)   Belgium and Luxembourg shall include information in their respective performance plans demonstrating that skeyes and MUAC will effectively implement the corrective measures.

Article 2

This Decision is addressed to the Kingdom of Belgium and the Grand Duchy of Luxembourg.

PROPOSED ADDITIONAL MEASURES

ANNEXSupplementary provisions

ANNEX PROPOSED ADDITIONAL MEASURES Belgium and Luxembourg may take the following measures in order to remedy the inconsistency of the cost-efficiency performance targets for the Belgium-Luxembourg charging zone with the Union-wide cost-efficiency performance targets: (1) amend the DISPO functional availability regime applied in Belgium, in view of reducing its impact on the cost base of the Belgium-Luxembourg charging zone; (2) waive the return on equity of skeyes which is planned to be charged as part of the cost of capital; (3) reimburse to airspace users, through an exceptional cost reduction, any surplus from year 2022 resulting from the traffic risk sharing mechanism or from the difference between the determined and actual costs.