
Article 1 
This Regulation establishes exceptional measures to be applied for the third reference period (‘RP3’) of the single European sky performance and charging scheme referred to in Article 7(1) of Implementing Regulation (EU) 2019/317. The rules set out in Implementing Regulation (EU) 2019/317 apply, unless this Regulation specifically provides for otherwise.
Article 2 

1. By way of derogation from Article 9(3) of Implementing Regulation (EU) 2019/317, the Commission shall set revised Union-wide performance targets for RP3 by 1 May 2021.
2. By way of derogation from Article 9(1) of Implementing Regulation (EU) 2019/317, national supervisory authorities shall provide the Commission, as inputs for the setting of revised Union-wide performance targets, with initial cost data and information about traffic forecasts covering RP3, by 15 December 2020.
3. The requirements set out in the first subparagraph of Article 9(2) of Implementing Regulation (EU) 2019/317 shall not apply to the preparation of the revised Union-wide performance targets for RP3 referred to in paragraph 1. The consultation referred to in the second subparagraph of Article 9(2) of Implementing Regulation (EU) 2019/317 shall, by derogation from this provision, cover draft revised Union-wide performance target values.
4. By way of derogation from Articles 8(1) and 9(3) of Implementing Regulation (EU) 2019/317, the revised Union-wide performance targets for RP3 referred to in paragraph 1 shall, in addition to performance targets for the key performance indicators as defined in Section 1 of Annex I to Implementing Regulation (EU) 2019/317, include performance targets for the key performance indicator as amended in Article 4(1) of this Regulation.
Article 3 

1. By way of derogation from Article 12 of Implementing Regulation (EU) 2019/317, Member States shall prepare and submit to the Commission, by 1 October 2021, draft performance plans, drawn up in accordance with Article 10 of that Implementing Regulation and containing revised performance targets ensuring consistency with the revised Union-wide performance targets referred to in Article 2 of this Regulation.
2. By way of derogation from Article 8(2) and Article 10(2)(a) of Implementing Regulation (EU) 2019/317, the draft performance plans referred to in paragraph 1 shall, in addition to the performance targets for the key performance indicators as defined in Section 2 of Annex I to Implementing Regulation (EU) 2019/317, include performance targets for the key performance indicator as amended in Article 4(2) of this Regulation.
3. By way of derogation from Article 11(1)(b) and Article 11(3) of Implementing Regulation (EU) 2019/317, the incentive schemes regarding performance targets in the key performance area of capacity referred to in Article 11(3) of that Implementing Regulation shall be subject to the following requirements in respect of RP3:
(a) the incentive schemes shall cover only the calendar years 2022 to 2024. Member States shall reflect this reduced period of the incentive schemes in their draft performance plans referred to in paragraph 1;
(b) the incentive schemes shall produce financial effects in the form of carry-overs and subsequent unit rate adjustments only as from the first year following the adoption of the performance plan.
4. In respect of the key performance area of cost-efficiency, the performance targets contained in the final RP3 performance plans adopted by Member States pursuant to Article 16 of Implementing Regulation (EU) 2019/317 shall apply retroactively from the beginning of the reference period in accordance with Article 17(2) of Implementing Regulation (EU) 2019/317.
5. By way of derogation from Article 19(1) of Regulation (EU) 2019/317, the Network Manager shall submit not later than 1 October 2021 a revised draft Network Performance Plan for RP3 to the Commission for assessment.
Article 4 

1. By way of derogation from points 4.1(a) and 4.1(b) of Section 1 of Annex I to Implementing Regulation (EU) 2019/317, the key performance indicator on the year-on-year change of the average Union-wide ‘determined unit cost’ (DUC) for en route air navigation services shall be defined, in respect of calendar years 2020 and 2021, as a combined value for those 2 years, expressed as a percentage change from the Union-wide baseline value referred to in point (a) of Article 9(4) of Implementing Regulation (EU) 2019/317. For this purpose, a single average Union-wide DUC for calendar years 2020 and 2021 shall be calculated as a ratio between the total en route determined costs at Union level for those 2 calendar years and the total en route service units at Union level for those 2 calendar years.
2. By way of derogation from points 4.1(a)(i) and 4.1(a)(iii) of Section 2 of Annex I to Implementing Regulation (EU) 2019/317, the key performance indicator on the DUC for en route air navigation services at local level shall be defined, in respect of calendar years 2020 and 2021, as a combined value for those 2 years. To this end, a single average DUC for calendar years 2020 and 2021 shall be calculated as a ratio between the total en route determined costs for those 2 calendar years and the total en route service units for those 2 calendar years, in respect of the charging zone concerned.
Article 5 

1. In respect of calendar years 2020 and 2021, adjustments to unit rates under Article 27(2) to (5) of Implementing Regulation (EU) 2019/317 shall be calculated on the basis of the relevant total determined costs for those 2 years and of the total revenue loss or total additional revenue resulting from the difference between the service units forecasted in the performance plan and the actually recorded service units for those 2 years. Those 2 years shall be referred to as a single period and replace the period referred to in those provisions as ‘year n’. Without prejudice to the last sentence of the second subparagraph of Article 29(5) of Implementing Regulation (EU) 2019/317, the adjustments to unit rates shall be made in calendar years 2023 and 2024.
2. In respect of calendar years 2020 and 2021, adjustments to unit rates under Article 27(8) of Implementing Regulation (EU) 2019/317 shall be calculated on the basis of the relevant total determined costs for those 2 years and of the total revenue loss or total additional revenue resulting from the difference between the service units forecasted in the performance plan and the actually recorded service units for those 2 years. Those 2 years shall be referred to as a single period and replace the period referred to in those provisions as ‘year n’. Without prejudice to the last sentence of the second subparagraph of Article 29(5) of Implementing Regulation (EU) 2019/317, the adjustments to unit rates shall be made in calendar years 2023 and 2024.
3. In respect of calendar years 2020 and 2021, reductions or increases of unit rates under Article 28(4) to (6) of Implementing Regulation (EU) 2019/317 shall be calculated on the basis of the relevant total determined costs and the relevant total actual costs for those 2 years. Those 2 years shall be referred to as a single period and replace the calendar year period referred to in those provisions. Without prejudice to the last sentence of the second subparagraph of Article 29(5) of Implementing Regulation (EU) 2019/317, the reductions or increases of unit rates to be applied in year n+2 shall be made in calendar year 2023.
4. In respect of RP3, adjustments shall in accordance with the second subparagraph of Article 29(5) of Implementing Regulation (EU) 2019/317 be calculated on the basis of the draft performance plans as relevant for the setting of unit rates under Article 17(1) of Implementing Regulation (EU) 2019/317.By way of derogation from Article 29(5) of Implementing Regulation (EU) 2019/317, those adjustments shall be spread equally over 5 calendar years, starting in the year following the year in which the performance plan has been adopted.
5. The national supervisory authority may decide to extend the time period referred to in paragraph 4 to a maximum of 7 calendar years, where this is necessary in order to avoid a disproportionate effect of the carry-overs on the unit rates charged to airspace users.
Article 6 

1. In addition to the obligations set out in Articles 4 and 36 of Implementing Regulation (EU) 2019/317, air navigation service providers shall submit, by 15 December 2020, a report to the national supervisory authority detailing the measures put in place in order to address the financial and operational impact of the COVID-19 pandemic on their activities. The report shall be transmitted to the Commission by the national supervisory authority upon its receipt.
2. The national supervisory authorities and the Commission may use the information included in the report referred to in paragraph 1 for the purpose of the monitoring tasks specified in Article 37 of Implementing Regulation (EU) 2019/317.
Article 7 
This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 3 November 2020.
For the Commission
The President
Ursula VON DER LEYEN