prop · GG03202 · 1992-12-31 00:00:00 — (e) full details on the criteria being used in theallocation. The information in paragraph 7 shall be made available atthe latest at the time of the relevant scheduling conferences and as appropriateduring the conferences and thereafter. A ensure that in an airport that has been designated as fully coordinated a coordination committee is set up to assist, in a consultative capacity, the coordinator referred to in Article 4. Partidpation in this committee shall be open to at least the air and/or their representative organizations using the airport(s) regularly, the airport authorities concemed and representatives of the air traffic control. The same coordi nation committee may be designated for more than one airport. The tasks of the coordination committee shall be, inter alia,to advise on : possibilitiesfor increasing the capacity determined in accordance with Article é, improvements totraffic conditions prevailing at the airport in question, complaints on theallocation of slots as provided for in Article 8 (7), the methods of monitoring the useof allocated slots, guidelines for allocationof slots, taking into account local conditions, serious problems for new entrantsas provided for in Paragraph 1 may be applied to airports designated as coordinated under the provisions of Article 3. At an airport where slot allocation takes place, the competentauthoriries shall determine the capacity available for slot allocation twice yearlyin cooperation with representatives of air traffic control, customs andimmigration authorities and air using the airport and/or theirrepresentative organizations and the airport coordinator. according to commonlyrecognized methods. Where the competent authority is not the airport authorityit shall also be consulted. No L 14/4 Prop.1992/93:202 Bilaga 3 This exercise shall be based on an objective analysis of possibilities.ofAccommodating the air traffic, taking into account the different types of trafficat that airport. The results of this exercise shall be provided to the airportcoordinator in good time before the initial slot allocation takes place for thepurpose of scheduling conferences. Paragraph 1 may be applied to airports designated as coordinatedunder the provisions of Article 3. Information for the coordinator Air operating or intending to operate at a coordinatedor fully coordinated airport shail submit to the coordinator relevantinformation requested by the coordinator. Artide 8 process of slot allocation (a) Subject to the provisions of Article 10,a slot that has been operated by an air as cleared by the coordinatorshall entitle that air to claim the same slot in the next equivalent schedulingperiod. (b) In a situation where all slot requestscannot be accommodated to the satisfaction of the air concemed, preferenceshall be given to commercial air services and in particular to scheduledservices and progfammed non-scheduled services. (c) The coordinator shall also take intoaccount addi tional priority rules established by the air industry andif possible additional guidelines recommended by the coordination committee ailowingfor local conditions, provided such guidelines respect Community law. 2.If a requested slotcannot be accommodated, the coordinator shall inform the requesting air carrierof the reasons therefore and shali indicate the nearest altemative slot. 3.The coordinatorshall, at all times, endeavour to accommodate aä hoc s\oi requests for any typeof including general . To this end, the slots available in thepool referred to in Article 10 but not yet allocated may be used, as may slots liberatedat short notice. 4.Slots may be freelyexchanged between air or transferred by an air from one route,or type of service, to another, by mutual agreement or as a result of a total or partial takeover or unilaterally. such exchangesor transfers shall be transparent and subject to confirmation of feasibihty by thecoordinator that: (a) airport operations would not be prejudiced; (b) limitations imposed by a MemberState according to Article 9 are respected ; (c)a change of usedoes not fall within the scope of Article 11. 5.Slots allocatedto new entrants operating a service between two Community airports may not be exchangedor transferred between air or by an air from one route to anotheras provided for in paragraph 4 for a period of two seasons. 6.The Commission mayestablish, after consultations with air , coordinators, and airport authorities,recommended standards for the automated systems which are used by the coordinatorsin order to ensure the proper implementation of Artides 4 and 7. 7.Where there arecomplaints about the allocation of slots, the coordination committee shall considerthe matter and may make proposals to the coordinator in an attempt to resolve theproblems. 8.If the problemscannot be resolved after consideration by the coordination committee, the MemberState concemed may provide for mediation by an air ' represenutive organizationor other third party. A may reserve certain slots at a fully coordinatedairport for domestic scheduled services : (a) on a route to an airport serving a peripheral or development region in its territory, any such route being considered vitl for the economic development of the region in which the airport is located, on condi tion that: (i) the slots concemed are being used on that route at thetime of entry into force of this Regulation ; (ii) only one air is operating on the route ; (iii) no other mode of transport can provide an adequateservice ; (iv) the reservation of slots shall end when a second air carrierhas established a domestic scheduled service on the route with the same numberof frequencies as the first air and operated it for at least a season ; (b) on routes where public service obligations have been imposed under Community legislation. 22, I. Prop.1992/93:202 Bilaga 3 No L 14/5 2.The proceduresin Anicle 4 (1) (d) lo 4 (1) (i) of Regulation (EEC) No 2408/92 shall be appliedif another Cornmunity air is interested in servicing the route and hasnot been able ro obtain slots within one hour before or after the times requestedof the coordinator. 3.The MemberState shall communicate to the Commission a list of routes for which slots havebeen so reserved at a fully coordinated airport. This shall first be done at theentry into force of this Regulation. The Commission shall publish an overviewof the routes concemed in the Offidal Joumal of Communities notlåter than two months after the communication. Artide 10 Slot pool At an airport where slot allocation takes place, a poolshall be set up for each coordinated period and shall contain newly created slots,unused slots and slots which have been given up by a during, or by the endof, the season or which otherwise become available. grounding of theaircraft type generally used for the service in question, or closure of an airportor airspace ; (b) problems relating to the starting upof a new scheduled passenger service wiih aircraft of no more than eighty seatson a route between a regional airport and the coordinated airport and where thecapacity does not exceed 30 000 seats per year, or (c) serious financial damage for a Communityair concemed, with, as a result, the granting of a temporary licenceby the licensing authorities pending financial reorganization of the air carrierin accordance with Article 5 (5) of Regulation (EEC) No 2407/92; (d) an interruption of a series of non-scheduledservices due to cancellations by tour operators, in particular outside the usual peak period, provided that overall slot usage does not fall below ; (e) an interruption of a series of services due to action intended to affect these services, which makes it practi- cally and/or technically impossible for the air to carry out operations as planned- slot not utiiized shall be withdrawn and placed in theappropriate slot pool unless the non-utilization can be justified by reason of thegrounds of the grounding of an aircraft type, or the closure of an airport or airspaceor other similarly exceptional case. If seriousproblems continue to exist for new entrants, the ensure thata meeting of the airport coordination committee is convened. The purpose of themeeting shall be to examine possibilities for remedying the situation. The Commissionshall be invited to such a meeting. Slots whichare allocated to an air for the operation of a scheduled service or a programmednon-scheduled service on a particular moment of a day and for the same day of theweek över a recognizable period up to one scheduling period shall not entitle thatair to the same series of slots in the next equivalent period, unless theair can demonstrate to the satisfaction of the coordinator that they havebeen operated, as cleared by the coordinator, by that air for at least80 % of the time during the period for which they have been allocated. Slots allocated to an air before 31 January forthe following summer season, or before 31 for the following season,but which are returned to the coordinator for reallocation before those dates shallnot be taken into account for the purposes of the usage calcula-tion- If the usage of the series of slots cannot be demonstrated,all the slots constituting that series shall be placed in the slot pool, unlessthe non-utilization can be justified on the basis of any of the followingreasons : (a) unfore<;eeable and irresistible cases outside the air 's control leading to, for example : 7.Without prejudiceto Anicle 8 (1) of Regulation (EEC) No 2408/92, slots placed in the pools shallbe distributed among applicant . 50 Vo of these slots shall be allocatedto new entrants unless requests by new entrants are less than . 8.A new enirani whichhas been offered slots within two hours before or after the time requested but hasnot accepted this offer shall not retain the new entrant status. Where a solution cannot be found under paragraph 2 and takinginto account that competition between the air concemed should not be distorted,an air not be allowed to use the flexibility provided for in Article8 (4) for the purpose of introducing one or more additional frequencies on aroute between a fully coordinated airport within the Community and an airportin another , if another Community air , licensed by another MemberState, has not been able, despite serious and consistent effons, to obtain landingand departure slots which can reasonably be used for providing one or more additionalfrequencies on the route within two hours before or after the times requested o(the coordinator. No L 14/6 Official Joumal of Communities Prop.1992/93:202 Bilaga 3 This provision shall not apply if the air using theflexibility provided for in Article 8 (4) does not exceed the frequencies of theother air . Taking into account that competition berween the air concemed should not be distorted, the Member States responsible for the fully coordinated airport referred to in paragraph 1 shall endeavour to facili tate an agreement between the air concemed. An altemative solution to the problem should be sought suchas: endeavouring toensure that the request for slots of the air licensed by the other MemberState is accommodated, the reasonable useby that of the flexibility provided for in Article 8 (4). A concemed may request the Commission to investigate the application of this Anicle within two months of an air informing the coordi nator of its intention to use the flexibility provided for in Anicle 8 (4). Artide 12 General provisions Whenever it appears that a third country,respect to the allocation of slots at airports, (a) does not grant Community air carrierstreatment comparable to that granted by Member States to air from thatcountry, or (b) does not grant Community air carriersde facto national treatment, or (c) grants air from other thirdcountries more favourable treatment than Community air , appropriate action may be taken to remedy the situation inrespect of the airport or airports concemed, including the suspension orpartially of the obligations of this Regulation in respect of an air ofthat third country, in accordance with Community law. Member States shall inform the Commission.of any seriousdifficulties encountered, in law or in fact, by Community air in obtainingslots at airports in third countries. The Commission shall submit a repon to the Euro pean Parliament and operauon of this Regulation three years after its entry into force. This repon should include inter alia the following elements : (a) the structure of the airiine industry; (b) progress made by the industry in reducing the non-use of slots ; (c) size of the slot pool, as definedin Aiticle 10 (1), each season at selected airports; (d) volume of unsuccessful applications for slots each season at selected airports ; (e) number of new entrants applying for slots each season at selected airpons; (f) use of dispute procedures established within theterms of Article 8. Member States and the Commission shall cooperate in the application of this Regulation, particularly as regards the collection of information for the report mentioned in paragraph 1. shall decide on the continuation or revisionof this Regulation by 1 1997, on the basis of a proposal from the Commissionto be submitted no låter than 1 January 1996. This Regulation shall enter into force on the thirtieth dayfollowing that of its publication in the Official Joumal of Communities. This Regulation shall be binding in its entirety and directlyapplicable in all Member States. Done at , 18 January 1993.