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Commission publish draft regulation on RP3 exception measures

The European Commission has recently opened a consultation on the proposed exceptional measures for the third reference period (2020–2024) of the Single European Sky performance and charging scheme due to the COVID-19 pandemic. This consultation is open until 7 August.

The COVID-19 crisis has direct implications for the processes and measures related to Reference Period 3.

The Commission has examined a range of potential policy responses in this context. Various alternative policy options have been analysed to ensure legal feasibility and financial impact. This has been done in tandem with a number of consultation meetings with stakeholders and member states along with the Commission and Performance Review Body (PRB).

Based on this feedback, the Commission submit to the Single Sky Committee the draft Implementing Regulation setting out the exceptional measures for RP3, which is now available for public consultation until 7 August, available though https://ec.europa.eu/info/law/better-regulation/have-your-say/initiatives/12508-Exceptional-measures-RP3

In summary, the draft regulation proposes that:

  • exceptionally merge 2020 and 2021 in terms of economic regulation;
  • unit rates for 2020 and 2021 remain based on determined costs as laid out in the draft performance plans submitted in 2019;
  • financial incentive schemes in the area of capacity for 2020 and 2021 will not apply;
  • ANSPS to report to their National Supervisory Authorities those measures that have implemented and those that are planned in response to COVID-19 (qualitative and financial); and
  • carry overs arising from the traffic risk/cost risk sharing to be spread of a minimum of five years with 2020 and 2021 combined.

Members are invited either to comment on the draft regulation directly or to provide you feedback to nick.rhodes@eraa.org so that ERA can submit a consolidated response on your behalf.

The draft regulation is expected to be approved by the Single Sky Committee in early September.