Proposal for a Regulation of the European Parliament and of the Council amending Council Regulation (EEC) No 95/93 of 18 January 1993 on common rules for the allocation of slots at Community airports
Date: 2001-06-21
Institutions: European Commission
Subjects: EU Member State, air transport, airport, competition law, transport capacity, transport planning

25.9.2001

EN

Official Journal of the European Communities

C 270 E/131

Proposal for a regulation of the European Parliament and of the Council amending Council
Regulation (EEC) No 95/93 of 18 January 1993 on common rules for the allocation of slots at
Community airports

(2001/C 270 E/19)

(Text with EEA relevance)

COM(2001) 335 final (cid:151) 2001/0140(COD)

(Submitted by the Commission on 22 June 2001)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
EUROPEAN UNION,

Having regard to the Treaty establishing the European
Community, and in particular Article 80(2) thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of
Committee and of the Committee of Regions,

the Economic and Social

Acting in accordance with the procedure laid down in Article
251 of the Treaty,

Whereas:

(1) Following the conclusions of the European Council held
in Stockholm on 23 and 24 March 2001, the present
Regulation constitutes a first step in a comprehensive
in order to review the developments,
revision process;
to new entrants
in particular with respect
and
monetised slot
this Regulation should be
transfers,
reviewed after a fixed period of operation;

(2) Experience has

shown that Council Regulation (EEC)
No 95/93 of 18 January 1993 on common rules for the
allocation of slots at Community airports (1) should be
strengthened to ensure the fullest and most flexible use
of limited capacity at congested airports;

(3) It

is

therefore necessary to amend that Regulation
substantially in accordance with Article 14 thereof and
to clarify a number of its provisions;

(4) It

is desirable to follow international

terminology and
therefore use the terms schedules facilitated airport and
instead of coordinated and fully-
coordinated airport
coordinated respectively;

(5) Airports where there are serious capacity shortcomings
should be designated as coordinated on the basis of
objective
airports
detailed rules are required to ensure that the principles
of
transparency, neutrality and non-discrimination are
fully adhered to;

criteria; whereas

coordinated

at

(6) At schedules facilitated airports the schedules facilitator
must act in an independent manner; whereas at coor-

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

dinated airports the coordinator plays a central role in
the coordinating process; whereas, therefore, coordinators
must be in a fully independent position and their respon-
sibilities should be specified in detail;

(7) It is necessary to specify in detail the role of the coor-
dination committee to be established to carry out advisory
and mediation functions in relation to slot allocation;

(8) It is also necessary to clarify that slot allocation must be
considered as a right of usage giving air carriers the
entitlement to access the airport facilities by landing and
taking-off at specific dates and timings for the duration of
the period for which the entitlement has been granted;

(9) However,

established

in the interest of stability of operations, the
the reallocation of slots
existing system provides for
((cid:145)grandfather
precedence
historical
with
rights(cid:146)) to incumbent air carriers; whereas,
in order to
encourage regular operations at a coordinated airport it
is necessary to provide that grandfather rights relate to
series of slots;

(10) Slots with historical precedence must comply with the
usage calculation as well as with all other
relevant
provisions of the Regulation to continue to entitle air
carriers to claim these slots in the next equivalent sche-
duling period; whereas the situation of grandfather rights
in case of
franchise
agreements should be clarified;

joint operations, code-share or

(11) Regular operations at an airport should be given priority
which should be administered strictly without distinction
between scheduled and non-scheduled services;

(12) In order to ensure the efficient use of capacity and reduce
the environmental
impact at congested airports and to
is necessary to also
further promote intermodality it
consider in the process of slot allocation the existence
of adequate services of satisfactory quality provided by
other modes of transport;

(13) The definition of new entrant should strengthen the
and
air
competition on intra-Community

to regions

adequate

services

provision of
increase potential
routes;

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Official Journal of the European Communities

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(14) In order better

to ensure that

third countries offer
Community carriers comparable treatment, a procedure
should be established enabling the Community more
efficiently to take action against third countries which
do not grant comparable treatment to that granted in
the Community;

(15) Since the measures necessary for the implementation of
this Regulation are measures of general scope within the
meaning of Article 2 of Council Decision 1999/468/EC of
28 June 1999 laying down the procedures for the exercise
of implementing powers conferred on the Commission (1),
they should be adopted by use of
regulatory
procedure provided for in Article 5 of that Decision;

the

(16) At a coordinated airport, access for an air carrier is only
possible if a slot has been allocated; whereas measures
should be introduced to guarantee the enforcement of
this Regulation, in particular when air carriers repeatedly
and intentionally do not respect the slot allocation rules;

(17) There should be a judicial procedure to review decisions

taken by the coordinator;

(18) For the avoidance of doubt, it should be specified that, the
application of the provisions of this Regulation shall be
without prejudice to the competition rules of the Treaty,
in particular Articles 81 and 82 thereof and Council Regu-
lation (EEC) No 4064/89 on the control of the concen-
trations between undertakings (2), as last amended by
Regulation (EC) No 1310/97 (3),

HAVE ADOPTED THIS REGULATION:

Article 1

Regulation (EEC) No 95/93 is hereby amended as follows:

1. Article 1 paragraph 1 is replaced by the following:

(cid:145)This Regulation shall apply to Community airports.(cid:146)

(b) (cid:147)new entrant(cid:148) shall mean:

(i) an air carrier requesting, as part of a series of
slots, a slot at an airport on any day, where, if
the carrier’s request were accepted, it would in
total hold fewer than five slots at that airport
on that day, or

(ii) an air carrier requesting a series of slots for a
non-stop scheduled passenger service between
two Community airports where at most two
other air carriers operate the same non-stop
scheduled service between these airports or
if
airport systems on that day, where,
the
carrier’s
it would
request were accepted,
nonetheless hold fewer than five slots at that
airport on that day for that non-stop service;

(iii) an air carrier requesting a series of slots at an
airport
for a non-stop scheduled service
between that airport and a regional airport
where no other air carrier operates a direct
scheduled service between these airports or
if
airport systems on that day, where,
the
carrier’s
it would
request were accepted,
nonetheless hold fewer than five slots at that
airport on that day for that non-stop service.

For the purpose of paragraphs (i) and (ii), an
air carrier shall not be considered as a new
entrant if at the time of allocation:

(cid:151) it has, at the airport concerned, a joint
franchise
operation,
code
arrangement with another
carrier
which itself is not considered as a new
entrant, or

sharing or

air

2. Article 2 is amended as follows:

(cid:151) the majority of

its capital

(a) Points (a) and (b) are replaced by the following:

(cid:145)(a) (cid:147)slot(cid:148) shall mean the entitlement established under
this Regulation, of an air carrier to use the airport
infrastructure at a coordinated airport on a
specific date and time for the purpose of landing
and take-off as allocated by a coordinator
in
accordance with this Regulation;

(1) OJ L 184, 17.7.1999, p. 23.
(2) OJ L 395, 30.12.1989, p. 1; corrected version (OJ L 257, 21.9.1990,

p. 13).

(3) OJ L 180, 9.7.1997, p. 1.

another air carrier which itself
considered as a new entrant
company), or

is held by
is not
(subsidiary

(cid:151) it holds directly or indirectly the majority
of the capital of another air carrier which
itself is not considered as a new entrant
(parent company), or

(cid:151) it forms part of a group of air carriers of
which one is not considered as a new
entrant.

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the purpose of paragraph (ii), an air
For
carrier, which alone or together with other
partners in a group of airlines holds more
than 7 % of the total number of slots on the
day in question at a particular airport, or
airport system shall not be considered as a
new entrant at that airport on that day.(cid:146)

(b) Point (f) is replaced by:

(cid:145)(f) (i) (cid:147)air carrier(cid:148) shall mean an air transport under-
taking holding a valid operating licence or
equivalent at the latest on 31 January for the
following summer season or on 31 August for
the following winter season. For the purpose of
Articles 7, 8, 8a and 10, the definition of air
shall also include business aviation
carrier
operators.

(ii) (cid:147)group of air carriers(cid:148) shall mean two or more
carriers which together perform joint, franchise
operations or code-sharing or in any other way
cooperate for
the purpose of operating a
specific air service.(cid:146)

(c) Point (g) is replaced by the following:

(cid:145)(g) (cid:147)coordinated airport(cid:148)

in order

shall mean any airport
where,
is
to land or
necessary for an air carrier or any other aircraft
operator to have been allocated a slot by a coor-
dinator;(cid:146)

take off,

it

(d) Points (i), (j), (k), (l), (m) and (n) are added:

(cid:145)(i)

facilitated airport(cid:148)

shall mean an
(cid:147)schedules
airport where there is potential
for congestion
at some periods of the day, week or year which
is likely to be resolved by voluntary co-operation
between air carriers and where a schedules
facilitator has been appointed to facilitate the
operations of air carriers operating or intending
to operate at that airport;

(j) (cid:147)managing body of an airport(cid:148) shall mean the
body which, whether or not
in conjunction
with other activities, has the task under national
and
laws
managing the airport facilities and coordinating
and controlling the activities of
the various
operators present at the airport or within the
airport system concerned;

administering

regulations

or

of

(k) (cid:147)series of slots(cid:148) shall mean at

five slots
having been requested for a scheduling period
at the same time regularly on the same weekday

least

if that it is not
and allocated in that way or,
possible, allocated at approximately the same
time;

(l) (cid:147)regional airport(cid:148)

shall mean a regional and
accessibility connecting point or a Community
connecting point as defined in Section 6 of
Decision No 1692/96/EC of
the European
Parliament and of the Council of 23 July 1996
on Community guidelines for the development of
the trans-European network (1);

(m) (cid:147)business aviation(cid:148)

shall mean that

sector of
general aviation which concerns the operation
or use of aircraft by companies for the carriage
of passengers or goods as an aid to the conduct
of their business, flown for purposes generally
for public hire and piloted by
considered not
individuals having, at
the minimum, a valid
commercial pilot
license with an instrument
rating;

(n) (cid:147)coordination

for

shall mean
all
terms of
allocation at

the
parameters(cid:148)
the
expression in operational
capacity available
an
airport during each coordination period by
reflecting all technical, operational and environ-
mental factors that affect the performance of the
airport
sub-
systems.(cid:146)

and its different

infrastructure

slot

3. Article 3 is amended as follows:

(a) Paragraph 1 is replaced by the following:

(cid:145)1. (a) A Member State shall be under no obligation to
designate any airport as schedules facilitated or
in accordance with the
coordinated
provisions of this Article.

save

(b) A Member State shall not designate an airport as
in accordance with the

save

coordinated
provisions of paragraph 3.(cid:146)

(b) The term (cid:145)coordinated(cid:146) in Paragraph 2 is replaced by

(cid:145)schedules facilitated(cid:146).

(c) Paragraph 3 is replaced by the following:

(cid:145)3.
The Member State responsible shall ensure that a
thorough capacity analysis is carried out at an airport
with no designation status or at a schedules facilitated
airport by the managing body of that airport when
that Member State consider it necessary or within six
months:

(1) OJ L 228, 9.9.1996, p. 99.

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(i) following a written request from air carriers repre-
senting more than half of
the operations at an
airport or from the managing body of the airport
when they consider that capacity is insufficient for
actual or planned operations at certain periods; or

(ii) upon request from the Commission, in particular
where an airport is in reality accessible only for air
carriers that have been allocated slots by a coor-
dinator or where air carriers and in particular new
entrants encounter serious problems in securing
landing and take off possibilities at the airport in
question.

of

such

overcoming

This analysis, based on commonly recognised methods,
shall determine the capacity shortcomings, taking into
account environmental constraints applicable at
the
in question. The analysis shall consider the
airport
possibilities
shortcomings
through new or modified infrastructure, operational
changes, or any other change, and the time frame
envisaged to resolve the problems. It shall be updated
least every three years if paragraph 5 has been
at
invoked, or when there are changes at
the airport
influencing significantly the capacity and the use of
it. Both the analysis and the method used shall be
made available to the parties having requested the
analysis
interested
parties. The analysis shall be communicated to the
Commission at the same time.(cid:146)

and, upon request,

to other

(d) Paragraph 4 is replaced by the following paragraphs 4
and 5 and the present paragraph 5 becomes paragraph
6 whereby the term (cid:145)fully coordinated airport(cid:146)
is
replaced by (cid:145)coordinated airport(cid:146):

(cid:145)4.
On the basis of the analysis the Member State
shall consult on the capacity situation at the airport
with the managing body of the airport, the air carriers
using the airport regularly, their representative organi-
sations, representatives of general aviation, air traffic
control authorities and local passengers’ organisations
where such organisations exist.

5.
The Member State shall ensure that the airport is
designated as coordinated for the periods during which
the capacity problems occur only if

(a) the shortcomings are of such a serious nature that
significant delays cannot be avoided at the airport
and

(b) there

are no possibilities of

resolving these

problems in the short term.(cid:146)

4. Article 4 is amended as follows:

(a) The title is replaced by the following:

(cid:145)The schedules

facilitator and the coordinator(cid:146)

(b) Paragraph 1 is replaced by the following:

The Member State responsible for a schedules
(cid:145)1.
shall ensure the
facilitated or coordinated airport
appointment of a qualified natural or legal person as
schedules facilitator or airport coordinator respectively
after having consulted the air carriers using the airport
their representative organisations and the
regularly,
the airport. The same schedules
managing body of
facilitator or coordinator may be appointed for more
than one airport.(cid:146)

(c) Paragraph 2, 3, 4, 5 and 6 are replaced by the

following:

The Member State responsible for a schedules

(cid:145)2.
facilitated or coordinated airport shall ensure that:

(a) at a schedules facilitated airport,

the schedules
facilitator acts under this Regulation in an inde-
pendent, neutral, non-discriminatory and trans-
parent manner,

(b) at a coordinated airport the de facto independence
of the coordinator shall be ensured additionally by
separating the coordinator institutionally and finan-
cially from any single interested party. The Member
State
acts
to this Regulation in a neutral,
according
non-discriminatory and transparent way and that
sufficient resources are made available in such a
way that the financing of the coordination activities
cannot affect the independence of the coordinator.

coordinator

ensure

shall

that

the

3.
The schedules facilitator and the coordinator shall
participate in such international scheduling conferences
of air carriers as are permitted by Community law.

4.
The schedules facilitator shall advise air carriers
and recommend alternative arrival and/or departure
times when congestion is likely to occur.

for

The

shall be

coordinator

sole person
5.
responsible
shall
the allocation of
allocate the slots according to the provisions of this
Regulation and make provision that slots can also be
allocated outside office hours in urgency situations.

slots. He

the

the use of

schedules and slots

The schedules facilitator and the coordinator shall
6.
monitor
in close
co-operation with the managing body of the airport
and with the air traffic control authorities. The coor-
dinator shall submit an annual activity report to the
Commission concerning, in particular, the application
of Articles 8(a) and 14 as well as on any complaints
regarding the
application of Articles 8 and 10
submitted to the Coordination Committee and the
initiatives taken to resolve them.

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All schedules facilitators and coordinators shall
7.
cross-check their databases in order to detect incon-
sistencies in schedules.(cid:146)

(d) Paragraph 7 becomes paragraph 8 and the intro-
ductory wording of the paragraph is replaced by the
following:

shall on request and within a
(cid:145)The coordinator
reasonable time make available free of charge for
review to all interested parties, either in written or in
any other
following
information:(cid:146)

accessible

form,

easily

the

(e) The following sentence is added to paragraph 8, which

becomes new paragraph 9:

the

such
coordinator
(cid:145)On request,
information in a summarised format. A cost-related
fee may be
such
summarised information.(cid:146)

the provision of

shall provide

charged for

(f) The following is inserted as new paragraph (10):

(cid:145)Where relevant and generally accepted schedules
the schedules
information standards are available,
facilitator, the coordinator and the air carriers shall
apply
comply with
Community law.(cid:146)

them provided

they

that

5. Articles 5, 6, 7, 8, 9, are replaced by the following:

(cid:145)Article 5

Coordination committee

a

At

same

airport,

coordinated

the Member

1.
State
responsible shall ensure that a coordination committee is
coordination committee may be
set up. The
designated for more than one airport. Membership in
this committee shall be open at least to the air carriers
and their representative organisations using the airport(s)
regularly, the managing body of the airport concerned, the
relevant air traffic control authorities and representatives
of general aviation.

The tasks of the coordination committee shall be

(a) to propose or advise the coordinator and/or

the

Member State on:

(cid:151) possibilities

the
airport determined in accordance with Article 3
or improving the use of it;

increasing the capacity of

for

(cid:151) coordination parameters

to be determined in

accordance with Article 6;

(cid:151) local guidelines for the allocation of slots, taking
into account possible environmental concerns, as
provided for in Article 8(3);

(cid:151) improvements to traffic conditions prevailing at the

airport in question;

(cid:151) complaints on the allocation of slots as provided

for in Article 11;

(cid:151) the methods of monitoring the use of allocated

slots;

(cid:151) serious problems encountered by new entrants as

provided for in Article 10(7);

(cid:151) all questions relating to the capacity of the airport.

(b) to mediate between all parties concerned on:

(cid:151) complaints on the allocation of slots as provided

for in Article 11.

2. Member State representatives and the coordinator
the coordination
shall be invited to the meetings of
committee as observers.

covering inter

The coordination committee shall draw up written
3.
alia participation,
rules of procedure
frequency of meetings, and language(s) used.
elections,
Any member of
the Coordination Committee may
propose local guidelines as provided for in Article 8(5).
the coordination
At
committee shall discuss suggested local guidelines for the
allocation of slots. A report of the discussions in the Coor-
dination Committee shall be submitted to the Member
State concerned with an indication of
the respective
positions within the Committee.

the coordinator,

the request of

Article 6

Coordination parameters

At a coordinated airport

the responsible Member
1.
State shall ensure the determination of
the parameters
for slot allocation twice yearly, while taking account of
and environmental
all
constraints as well as any changes thereto.

technical, operational

relevant

This exercise shall be based on an objective analysis of the
possibilities of accommodating the air traffic, taking into
account the different types of traffic at the airport, the
airspace congestion likely to occur during the coordination
period and the capacity situation.

The parameters shall be provided to the airport coor-
dinator in good time before the initial slot allocation
takes place for the purpose of scheduling conferences.

For

the purpose of

2.
the exercise referred to in
paragraph 1 the coordinator shall define relevant coor-
the coor-
dination time intervals after consultation of
dination committee and in the light of
the capacity
situation.

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the parameters

The determination of

and the
3.
methodology used as well as any changes thereto shall
be discussed in detail with the coordination committee
with a view to increasing the number of slots available
for allocation, before a final decision on the parameters
for slot allocation is taken. All relevant documents shall
be made available on request to interested parties.

Article 7

Information for schedules facilitator and coordinator

1.
Air carriers operating or intending to operate at a
schedules facilitated or coordinated airport shall submit to
the schedules facilitator or coordinator respectively all
relevant
relevant
information requested by them. All
information shall be provided in the format and within
the time limit specified by the schedules facilitator or coor-
dinator. In particular, an air carrier shall inform the coor-
dinator, at the time of the request for allocation, whether it
would benefit
in
accordance with article 2(b), in respect of requested slots.

status of new entrant,

from the

For all other airports with no particular designation status,
information about planned services of air carriers, when
requested by a coordinator, shall be provided by the
managing body of the airport to that coordinator.

(cid:151) a series of slots has been used by an air carrier for the
operation
programmed
scheduled
of
non-scheduled air services and

and

(cid:151) that air carrier can demonstrate to the satisfaction of
the coordinator that the series of slots in question has
been operated, as cleared by the coordinator, by that
air carrier for at least 80 % of the time during the
scheduling period for which it has been allocated.

In such case that series of slots shall entitle the air carrier
concerned to the same series of slots in the next equivalent
scheduling period.

Member States may limit such entitlement to series of slots
operated with a minimum aircraft size.

in a situation
3. Without prejudice to Article 10(2),
where all slot requests cannot be accommodated to the
satisfaction of the air carriers concerned, preference shall
be given to commercial air services and in particular to
scheduled services and programmed non-scheduled air
In the case of competing requests within the
services.
same category of services, priority shall be given for year
round operations.

2.
In the event of failure by an air carrier to provide the
information referred to in paragraph 1, or of the provision
of false or misleading information by an air carrier, the
coordinator shall not
take into consideration the slot
request or requests by that air carrier unless mitigating
circumstances exist. The coordinator shall give that air
carrier the opportunity to submit its observations.

4.
Re-timing of series of slots before the allocation of
the remaining slots from the pool referred to in Article 10
to the other applicant air carriers shall be accepted only for
operational reasons due to changes in the type of aircraft
used or route operated. It shall not take effect prior to the
express confirmation by the coordinator.

The schedules

3.
the
facilitator or
managing body of the airport and the air traffic control
authorities shall exchange all the necessary information
required including flight data and slots for the exercise
of their respective duties.

the coordinator,

Article 8

Process of slot allocation

1.
Series of slots are allocated from the slot pool to
applicant carriers as entitlements to use the airport infra-
structure for the purpose of landing and take-off for the
scheduling period for which they are requested, at the
expiry of which they have to be returned to the slot
pool as set up according to the provisions of Article 10.

shall

also take

into account
coordinator
The
5.
additional
rules and guidelines established by the air
transport industry world-wide as well as local guidelines
proposed by the Coordination Committee and approved by
the Member State responsible for the airport in question,
provided that such rules and guidelines do not affect the
independent
comply with
Community law and aim at improving the efficient use
of airport capacity. These rules shall be communicated
by that Member State to the European Commission.

coordinator,

status of

the

6.
In situations where Article 9 of Council Regulation
(EEC) No 2408/92 is applicable, the coordinator shall not
give priority to requests of air carriers intending to use the
series of slots concerned for routes where satisfactory
service by other means of transport exists.

2. Without prejudice to Articles 7, 8a, 9, 10(1) and 14,
paragraph (1) of this Article shall not apply when the
following conditions are met:

7.
the
If a requested slot cannot be accommodated,
coordinator shall inform the requesting air carrier of the
reasons therefor and shall indicate the nearest alternative
slot.

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The coordinator shall, in addition to the planned slot
8.
allocation for the scheduling period, endeavour to accom-
modate single slot requests with short notice for any type
of aviation,
including general aviation. To this end,
remaining slots in the pool referred to in Article 10 after
distribution among the
and slots
available at short notice may be used.

applicant

carriers

Article 8a

Slot mobility

1.

Slots may be:

(a) transferred by an air carrier from one route or type of
service to another route or type of service operated by
that same air carrier,

(b) transferred

(i) between parent and subsidiary companies,

operate the slots resulting from the exchange or from
the subsequent exchanges.

4. (a) Slots allocated to a new entrant as defined in Article
2(b) may not be transferred as provided for in
paragraph 1(b) for a period of three equivalent sche-
duling periods.

(b) Slots allocated to a new entrant as defined in Article
2(b)(ii) and (iii) may not be transferred to another
route as provided for in paragraph 1(a) for a period
of three equivalent scheduling periods.

(c) Slots allocated to a new entrant as defined in Article
2(b) may not be exchanged as provided for
in
paragraph 1(c) for a period of three equivalent sche-
duling periods, except in order to improve the slot
timings for these services in relation to the timings
initially requested.

(ii) as part of

the acquisition of control over the

capital of an air carrier,

Article 8b

(iii) in the case of a total or partial take-over when the
slots are directly related to the business taken over.

(c) exchanged, one for one, between two air carriers where
both air carriers involved undertake to use the slots
received in the exchange.

2.
Slots cannot be transferred in any way between air
carriers or between air carriers and other entities with or
without monetary compensation other than between those
air carriers referred to in Article 8a(1)(b).

3.
The transfers or exchanges referred to in paragraphs
1 above shall be notified to the coordinator and shall not
take effect prior to the express confirmation by the coor-
dinator. The coordinator shall decline to confirm the
transfers or exchanges if they are not in conformity with
the requirements of this Regulation, and if not satisfied
that:

(a) airport operations would not be prejudiced taking into
account all technical, operational and environmental
constraints;

(b) limitations
respected;

imposed according

to Article 9 are

(c) a transfer of slots does not fall within the scope of

paragraph 4;

(d) in the case of exchanges between two air carriers
referred to in paragraph 1, both carriers intend to

The entitlement to series of slots referred to in Article 8(2),
shall not give rise to any claims for compensation in
respect of
elimination
any limitation,
thereof imposed under Community law,
in particular in
application of
the Treaty relating to air
transport.

restriction or

the rules of

The present Regulation shall not affect
the powers of
public authorities to require the transfer of slots between
air carriers pursuant to Articles 81 or 82 of the EC Treaty
or Regulation 4064/89. These transfers can only take place
without monetary compensation.

Article 9

Public Service Obligations

the slots

required for

1. Where public service obligations have been imposed
on a route according to Article 4 of Council Regulation
(EEC) No 2408/92, a Member State may reserve at a coor-
the envisaged
dinated airport
operations on that route. If the carrier does not use the
reserved slots on the route concerned in compliance with
Article 8(2) and 8(4), these slots shall be made available to
any other air carrier interested in operating the route
according to the public service obligations subject
to
paragraph 2. If no other carrier is interested in operating
the route and the Member State concerned does not issue a
call for tender under Article 4(1) d of Regulation (EEC)
No 2408/92, the slots shall be returned to the pool.

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The tender procedure established in Article 4(1)(d) to
2.
(g) and 4(1)(i) of Regulation (EEC) No 2408/92 shall be
applied for the use of the slots referred to in paragraph 1
above if more than one Community air carrier is interested
in servicing the route and has not been able to obtain slots
within one hour before or after the times requested from
the coordinator.(cid:146)

6. Paragraphs 1, 2, 3, 4, 5, 7 and 8 of Article 10 are replaced

by the following:

(cid:145)Article 10

Slot pool

1.
The coordinator shall set up a pool, which shall
contain all the slots not allocated on the basis of Article
8(2) and 8(4). All new slot capacity determined pursuant
to Article 3(3) will be placed in the pool.

services

2.
A series of slots that has been allocated to an air
carrier for the operation of scheduled or programmed
non-scheduled air
shall not entitle that air
carrier to the same series of slots in the next equivalent
scheduling period, if the air carrier cannot demonstrate to
the satisfaction of the coordinator that they have been
operated, as cleared by the coordinator, by that air
carrier for at least 80 % of the time during the period
for which they have been allocated.

3.
Slots allocated to an air carrier before 31 January for
the following summer season, or before 31 August for the
following winter season, but which are returned to the
coordinator for reallocation before those dates shall not
be taken into account for the purposes of the usage calcu-
lation.

4.
If the 80 % usage of the series of slots cannot be
demonstrated, all the slots constituting that series shall
be placed in the slot pool, unless the non-utilisation can
be justified on the basis of any of the following reasons:

(a) unforeseeable and irresistible cases outside the air

carrier’s control leading to:

accordance with Article 5(5) of Regulation (EEC)
No 2407/92.

5. Without prejudice to Article 8(2) of this Regulation
and without prejudice to Article 8(1) of Regulation (EEC)
No 2408/92, slots placed in the pool shall be distributed
among applicant air carriers. 50 % of these slots shall first
be allocated to new entrants unless requests by new
entrants are less than 50 %. For the purpose of such allo-
cation, the scheduling day shall be divided into equal coor-
dination periods of at most one-hour duration.

from new
Preference shall be given among requests
entrants to air carriers qualifying for new entrant status
under both Article 2(b)(i) and (ii) or Article 2(b)(i) and (iii).

6.
A new entrant which has been offered a series of
slots within one hour before or after the time requested
but has not accepted this offer shall not retain the new
entrant status for that scheduling period.

In the case of services operated by a group of air
7.
carriers, only one of
the participating air carriers can
apply for the required slots. The air carrier operating
such a service assumes responsibility for meeting the
operating
historical
precedence referred to in Article 8(2).

to maintain

required

criteria

for

Slots allocated to one air carrier in the operation may be
used by (an)other participating air carrier(s)
their
shared operation, provided that
the designator code of
the air carrier to whom the slots were allocated remains
for coordination and monitoring
on the shared flight
purposes. Upon discontinuation of such operations, the
slots so used will remain with the air carrier to whom
they were initially allocated. Air carriers
involved in
shared operations shall advise coordinators of the detail
of such operations.(cid:146)

7. Paragraph 6 of Article 10 becomes new paragraph 8.

8. Article 11 is replaced by the following:

(cid:151) grounding of the aircraft type generally used for

the air service in question;

(cid:145)Article 11

(cid:151) closure of an airport or airspace;

(b) an interruption of air services due to action intended
to affect
these services, which makes it practically
and/or technically impossible for the air carrier to
carry out operations as planned;

(c) serious financial damage for a Community air carrier
the granting of a
concerned, with, as a result,
temporary
authorities
license
pending financial reorganisation of the air carrier in

licensing

the

by

Complaints and Right of appeal

It shall within a period of

Complaints regarding the application of Articles 8,
1.
8a, and 10 shall be submitted to the Coordination
Committee.
three months
following the submission of the complaint consider the
matter and if possible make proposals to the coordinator
in an attempt to resolve the problems. If the complaints
the Member State responsible may
cannot be settled,
within the subsequent
three-month period provide for
mediation by an air carriers’ or airports’ representative
organisation or other third party.

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2. Member States shall ensure that, any party with a
legitimate interest has the right
the
decisions of the coordinator before a national court or
another
authority, when the mediation
procedure provided under paragraph (1) has failed.

to appeal against

independent

Member States shall ensure that the appellate body has the
powers to:

(a) take, at the earliest opportunity and by way of inter-
locutory procedures, interim measures with the aim of
correcting the alleged infringement or preventing
including
further damage to the interests concerned,
measures to suspend or to ensure the suspension of
the procedure for
the
implementation of any decision taken by the coor-
dinator,

the allocation of

slots or

(b) set aside or ensure the setting aside of decisions taken

unlawfully,

(c) award damages.

Member States shall ensure that the review procedures are
available, under detailed rules which the Member States
may establish, at least to any person having or having
had an interest
in slot allocation procedures and who
has been or risks being harmed by an alleged infringement.

10. Articles 13 and 14 are replaced by the following:

(cid:145)Article 13

Procedure for decisions

deciding

1. When
the
pursuant
Commission shall be assisted by a committee, composed
of the representatives of the Member States and chaired by
the representative of the Commission.

to Article 12,

2. Where reference is made to this paragraph, the regu-
latory procedure laid down in Article 5 of Decision
1999/468/EC shall apply, in compliance with Article 7(3)
and Article 8 thereof.

The period provided for in Article 5(6) of Decision

3.
1999/468/EC shall be three months.

The Committee may furthermore be consulted by the
the

4.
Commission on any other matter
application of this Regulation.

concerning

The Committee shall establish its own rules of

5.
procedure.

If legal action has been taken pursuant to this paragraph,
application of paragraph 1 of this Article shall immediately
cease.(cid:146)

Article 14

Enforcement

9. The title of Article 12 and paragraph 1 are replaced by the

following:

(cid:145)Relations with third countries

1. Whenever
that a third country, with
respect to the allocation and use of slots at its airports,

it appears

(a) does not grant Community air carriers

treatment
comparable to that granted by this Regulation to air
carriers from that country, or

(b) does not grant Community air carriers de facto national

treatment, or

(c) grants air carriers from other third countries more
favourable treatment than Community air carriers,

the Commission may, in accordance with the procedure of
Article 13(2), decide that a Member State or States shall
take measures,
including the suspension in whole or in
part of the application of this Regulation in respect of
an air carrier or air carriers of that third country with a
view to remedying the discriminatory behaviour of the
third country involved.(cid:146)

An air carrier’s flight plan shall be rejected by the
1.
competent Air Traffic Management authorities, if it intends
to land or take off at a coordinated airport, during the
periods for which it is coordinated, without having a slot
allocated by the coordinator.

2.
The coordinator shall withdraw the series of slots of
an air carrier and place them in the pool on 31 January for
the following summer season or on 31 August for the
following winter season if the air carrier does not hold
an operating licence or equivalent on that date.

The coordinator shall withdraw and place in the pool
3.
the series of slots of an air carrier, which it has received
following a transfer or exchange pursuant to Article 8a(3)
if they have not been used as intended according to Article
8a(3)(d).

Air carriers who repeatedly and intentionally operate
4.
from the
air services at a time significantly different
lose the
allocated slot as part of a series of slots shall
status referred to in Article 8(2). The coordinator may
decide to withdraw the series of slots in question of that
air carrier for the remainder of the scheduling period and
place them in the pool after having heard the air carrier
concerned.

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introduce measures to impose
5. Member States shall
fines and/or periodic penalty payments on air carriers for
the repeated and intentional operation of air services at
times significantly different from the allocated slots.

11. Article 15 is added:

(cid:145)Article 15

In setting the amount of the fine and/or periodic penalty
payments regard shall be had to the nature and gravity of
the
carrier
concerned.

infringement after having heard the air

6. (a) Without prejudice to Article 10(4), if the 80 % utili-
sation rate as defined in Article 8(2) cannot be
achieved by an air carrier,
the coordinator may
decide to withdraw that series of slots of that air
carrier for the remainder of the scheduling period
and place them in the pool after having heard the air
carrier concerned.

(b) Without prejudice to Article 10(4), if after an allotted
time corresponding to 20 % of the period of the
series validity no slots of that series of slots have
been used, the coordinator shall place the series of
slots in question in the pool for the remainder of the
scheduling period after having heard the air carrier
concerned.(cid:146)

Report and co-operation

submit a report

The Commission shall

1.
to the
European Parliament and the Council on the operation
of this Regulation at the latest three years after its entry
into force. The report shall address in particular the func-
tioning of Articles 8, 8a and 10.

2. Member States and the Commission shall co-operate
in the application of this Regulation, particularly as regards
the collection of information for the report mentioned in
paragraph 1.(cid:146)

Article 2

This Regulation shall enter into force three months after its
publication in the Official Journal of the European Communities.

This Regulation shall be binding in its entirety and directly
applicable in all Member States.