Derogations concerning the calculation and setting of unit rates and related adjustments

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.

COMMISSION IMPLEMENTING REGULATION (EU) 2020/1627 of 3 November 2020 on exceptional measures for the third reference period (2020-2024) of the single European sky performance and charging scheme due to the COVID-19 pandemic