ATM/ANS.OR.D.005 Business, annual, and performance plans

Regulation (EU) 2017/373

(a)     Business plan

(1)     Air navigation services and air traffic flow management providers shall produce a business plan covering a minimum period of five years. The business plan shall:

(i)      set out the overall aims and goals of the air navigation services and of the air traffic flow management providers, and their strategy towards achieving them in consistency with any overall longer-term plan of the air navigation services provider or of the air traffic flow management provider and with the relevant requirements of Union law for the development of infrastructure or other technology;

(ii)     contain performance targets in terms of safety, capacity, environment and cost-efficiency, as may be applicable pursuant to Commission Implementing Regulation (EU) No 390/2013[37].

(2)     The information listed in points (i) and (ii) of point (1) shall be aligned with the performance plan referred to in Article 11 of Regulation (EC) No 549/2004 and, as far as safety data is concerned, it shall be consistent with the state safety programme referred to in Standard 3.1.1 of Annex 19 to the Chicago Convention in its first edition of July 2013.

(3)     Air navigation services and air traffic flow management providers shall provide safety and business justifications for major investment projects including, where relevant, the estimated impact on the appropriate performance targets referred to in point (1)(ii) and identifying investments stemming from the legal requirements associated with the implementation of the Single European Sky ATM Research Programme (SESAR).

(b)     Annual plan

(1)     Air navigation services and air traffic flow management providers shall produce an annual plan covering the forthcoming year which shall further specify the features of the business plan and describe any changes to it as compared to the previous plan.

(2)     The annual plan shall cover the following provisions on the level and quality of service, such as the expected level of capacity, safety, environment and cost-efficiency:

(i)      information on the implementation of new infrastructure or other developments, and a statement on how they will contribute to improving the performance of the air navigation services provider or of the air traffic flow management provider, including level and quality of services;

(ii)     performance indicators, as may be applicable, consistent with the performance plan referred to in Article 11 of Regulation (EC) No 549/2004, against which the performance level and quality of service may be reasonably assessed;

(iii)     information on the measures foreseen to mitigate the safety risks identified by the air navigation services and air traffic flow management provider, including safety indicators to monitor safety risk and, where appropriate, the estimated cost of mitigation measures;

(iv)     the air navigation services and air traffic flow management providers' expected short-term financial position as well as any changes to or impacts on the business plan.

(c)      Performance part of the plans

The air navigation services and the air traffic flow management providers shall make the content of the performance part of their business plans and of their annual plans available to the Commission on its request, under the conditions set by the competent authority in accordance with national law.