9.5.2013 Official Journal of the European Union L 128/31 COMMISSION IMPLEMENTING REGULATION (EU) No 391/2013 of 3 May 2013 laying down a common charging scheme for air navigation services (Text with EEA relevance) THE EUROPEAN COMMISSION, Having regard to the Treaty on the Functioning of the European Union, Having regard to Regulation (EC) No 550/2004 of the European Parliament and of the Council of 10 March 2004 on the provision of air navigation services in the single European sky (') as amended by Regulation (EC) No 1070/2009 (the service provision Regulation) (3), and in particular Article 15(4) thereof, Whereas: 1 0] 0] 0] Regulation (EC) No 550/2004 requires the Commission to establish a common charging scheme for air navi- gation services, allowing for its uniform application in the single European sky. The development of a common charging scheme for air navigation services provided during all phases of flight is of the utmost importance for implementation of the single European sky initiative. Such a system should help to increase transparency with regard to the deter- mination, imposition and enforcement of charges applicable to airspace users. The system should also contribute to the safe, cost-efficient and effective provision of air navigation services to the users that finance the system and stimulate integrated service provision. The common charging scheme should be an integral element in reaching the objectives of the performance scheme as established under Article 11 of Regulation (EC) No 549/2004 of the European Parliament and of the Council of 10 March 2004 laying down the framework for the creation of the single European sky () as amended by Regulation (EC) No 1070/2009 (the framework Regulation) and Commission Imple- menting Regulation (EU) No 390/2013 of 3 May 2013 laying down a performance scheme for air navigation services and network functions (4. In accordance with the overall objective of improving the performance of air navigation services, the charging scheme should promote cost and operational efficiencies and should provide for the establishment of incentive schemes for air navigation service providers to support improvements in the provision of air navigation services, including the application of traffic risk sharing. L 96, 31.3.2004, p. 10. L 300, 14.11.2009, p. 34. L 96, 31.3.2004, p. 1. () (10) (11) (12) The common charging scheme should be consistent with the Eurocontrol Route Charges System and Article 15 of the 1944 ICAO Chicago Convention on International Civil Aviation (the ‘Chicago Convention’). The common charging scheme should allow optimum use of airspace, taking into account air traffic flows, in particular within functional airspace blocks as established in accordance with Article 9a of Regulation (EC) No 550/2004. Key principle of the common charging scheme is to have complete and transparent information on the cost base made available in due time to airspace users’ represen- tatives and the competent authorities. Where it is established that terminal air navigation services andfor CNS, MET and AIS services are provided under market conditions, Member States should be able to decide for these services not to calculate determined costs, not to calculate terminal charges, not to set terminal unit rates and/or not to set financial incentives. Due to changing nature in the operation of airports, terminal charging zones may need to be modified in the course of a reference period. The introduction of new technologies and procedures and associate business models to stimulate integrated service provision should lead to significant cost reductions to the benefit of users. To enable these future cost reductions air navigation service providers are faced with restructuring costs to improve their business, which they may recover if a net benefit to users is demonstrated. Incentives mechanisms to encourage better performance should have regard to the desirability of rewarding or penalising actual performance in relation to performance levels expected when the performance plan was adopted. In order to accelerate the implementation of SESAR tech- nologies, investments in new ATM systems and major overhaul of existing ATM systems, which have an influence on the level of performance of the European ATM network, should be eligible for cost recovery through user charges if they are consistent with the implementation of the European ATM Master Plan, in particular, through common projects as specified in Article 15a(3) of Regulation (EC) No 550/2004. Furthermore, Member States should be able to decide to modulate air navigation charges to provide incentives to equip aircraft with systems included in the common projects.