Notification by The Netherlands of the application of Article 19(2) of Regulation (EC) No 1008/2008 concerning traffic distribution rules for Schiphol Airport and Lelystad Airport

(Text with EEA relevance)

(2019/C 136/07)

Pursuant to Article 19(3) of Regulation (EC) No 1008/2008 of the European Parliament and the Council of 24 September 2008 on common rules for the operation of air services in the Community (1), on 29 March 2019 the Commission received notification from The Netherlands of a draft Decree establishing the Dutch traffic distribution rule between Schiphol Airport and Lelystad Airport. The proposed rules, when adopted and entered into force, will distribute traffic between Schiphol and Lelystad Airport on the following basis:

— Lelystad Airport will be designated as a coordinated airport within the meaning of the Council (ECC) No 95/93 of 18 January 1993 on common rules for the allocation of slots at Community airports (2) since the entry into force of the Decree.

— An airline voluntarily moving a point-to-point flight from Schiphol to Lelystad Airport will get, without prejudice to the Slot Regulation, priority for obtaining a slot at Lelystad Airport. Only in case of equal priority under the Slot Regulation, priority will subsequently be given to traffic originating from Schiphol.

— A slot made available at Schiphol Airport as a result of an airline moving a point-to-point flight to Lelystad Airport has to be used at Schiphol for transfer flight. A slot is made available at Schiphol when an airline voluntarily hands it back to the slot coordinator or to another airline, or henceforth uses it to operate transfer flights.

Summarised, transfer flights are flights to destinations that at Schiphol Airport have an average transfer rate of at least 10 %. Point-to-point-flights are flights to destinations that at Schiphol Airport have an average transfer rate of less than 10 %.

The destinations that meet these criteria are specified in annexes to the Decree.

Airlines can substantiate ex ante before the Ministry that a destination not included in the annex of transfer destinations will be served with an average transfer percentage at least 10 %.

The priority rule will apply in first instance to the first 10 000 slots available for commercial traffic at Lelystad Airport and after an evaluation — and approval of the European Commission — for the slots up to and including 25 000. Within three years from the entry into force of the Traffic Distribution rule, the Dutch authorities will report to the Parliament and the European Commission on the effectiveness, impact and proportionality of the Decree, focusing on the available market capacity and access of new entrants to the Dutch aviation market.

The complete text can be found under the following web link:

https://ec.europa.eu/transport/modes/air/consultations/2019-schiphol-lelystad-distribution-rules_en

The Commission invites interested parties to submit their comments within 15 days of publication of this communication, to:

Directorate-General for Mobility and Transport (Unit E1 aviation policy) European Commission Office: DM24 05/100 1049 Bruxelles/Brussel BELGIQUE/BELGIË MOVE-AIR-SERVICES-REGULATION@ec.europa.eu

(1) OJ L 293, 31.10.2008, p. 3.

(2) OJ L 14, 22.1.1993, p. 1.