Article 21 — Establishment of charging zones

1.       Member States shall, in the airspace under their responsibility where air navigation services are provided to airspace users, establish one or more charging zones for the purposes of incurring en route charges (‘en route charging zone’)

Member States shall consult the airspace users' representatives concerned prior to establishing or modifying those zones.

Member States shall notify the Commission, and the Central Route Charges Office (‘CRCO’) of Eurocontrol where applicable, about the establishment or modification of those charging zones, at least seven months before the start of the reference period.

2.       Member States shall ensure that the geographical scope of charging zones is clearly defined. The charging zones shall be consistent with the provision of air navigation services, and may include services provided by an air navigation service provider established in another Member State in relation to cross-border airspace.

3.       Where air traffic services related to the approach and departure of aircraft are provided jointly for a group of airports, Member States may establish a specific terminal charging zone within the terminal area concerned.

4.       Where Member States decide to establish en route charging zones or terminal charging zones which extend across the airspace for which more than one Member State is responsible, or where Member States decide to establish a common charging zone, the Member States concerned shall ensure consistent and uniform application of this Regulation to the provision of air navigation services in the airspace concerned.

Member States shall, without delay, inform the Commission and the CRCO of Eurocontrol about any such decision.

5.       Member States may modify or establish a new terminal charging zone during a reference period, provided that they:

(a)      consult the airspace users' representatives and air navigation service providers concerned prior to the modification;

(b)     notify, without undue delay, the Commission and the CRCO of Eurocontrol of the modification;

(c)      provide the Commission, without undue delay, with all of the following:

(i)      the relevant cost and traffic data adequately reflecting the situation before and after the modification;

(ii)     the comments of airspace users' representatives and air navigation service providers consulted in accordance with point (a);

(iii)     an assessment of the expected impact of the modification on the achievement of the national performance targets or FAB performance targets in the key performance area of cost-efficiency and on performance monitoring;

(iv)     an update of the performance plan with the relevant data.

6.       Member States shall not modify an en route charging zone during a reference period.