Commission Decision (EU) 2025/543

Contents

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 (the service provision Regulation)^note, and in particular Article 15 thereof^note,Having regard to Commission Implementing Regulation (EU) 2019/317 of 11 February 2019 laying down a performance and charging scheme in the single European sky and repealing Implementing Regulations (EU) No 390/2013 and (EU) No 391/2013^note, and in particular Article 29(3) thereof,Whereas:

(1)Following the verification of the unit rates for air navigation charges referred to in Article 29(3) of Implementing Regulation (EU) 2019/317, the Commission concluded on 29 July 2024 in its Decision (EU) 2024/2035^note that certain adjustments included in the en route and terminal unit rates set by Italy for 2024 were not in compliance with Article 25(2), point (d), of Implementing Regulation (EU) 2019/317.

(2)The irregularities identified by the Commission concerned the calculation of the following adjustments included by Italy in its unit rates for 2024, in respect of the air navigation service provider ‘ENAV’:

(a)the cost risk sharing adjustments deriving from year 2022 in respect of unforeseen changes in the costs of new and existing investments of ENAV within the meaning of Article 28(3), point (a), and Article 28(4) of Implementing Regulation (EU) 2019/317;

(b)the cost risk sharing adjustments deriving from year 2022 in respect of unforeseeable changes in interest rates on loans that finance costs arising from the provision of air navigation services by ENAV within the meaning of Article 28(3), point (d), and Article 28(6) of Implementing Regulation (EU) 2019/317.

(3)The Commission found that the adjustments referred to in recital 2 (‘the cost risk sharing adjustments at issue’) were incorrectly calculated, which led to an over-compensation of ENAV for costs which it did not actually incur and, conversely, to ineligible additional amounts being charged to airspace users as part of the unit rates for 2024. The Commission therefore invited Italy to submit revised unit rates for 2024.

(4)On 19 November 2024, Italy communicated to the Commission its revised en route and terminal unit rates for 2024, which included corrections of the cost risk sharing adjustments at issue.

(5)The Commission has verified the revised unit rates for 2024 submitted by Italy in respect of their compliance with the requirements set out in Article 25(2) of Implementing Regulation (EU) 2019/317. As a result, the Commission concludes that Italy has correctly recalculated the cost risk sharing adjustments at issue as part of its revised unit rates for 2024, without making any other modifications.

(6)The Commission notes that the corrections included by Italy in its revised unit rates for 2024 will result, in accordance with Article 29(4) of Implementing Regulation (EU) 2019/317, in the subsequent reimbursement to airspace users, as part of the unit rates of Italy for 2025 and 2027, of the amounts unduly charged referred to in recital 3.

(7)Therefore, the revised unit rates of Italy for 2024 should be considered as compliant with Article 25(2) of Implementing Regulation (EU) 2019/317,

HAS ADOPTED THIS DECISION: