Regulation (EC) No 793/2004 of the European Parliament and of the Council of 21 April 2004 amending Council Regulation (EEC) No 95/93 on common rules for the allocation of slots at Community airports
Date: 2004-04-21
Institutions: Council of the European Union, European Parliament
Subjects: EU Member State, air transport, airport, common transport policy, transport capacity, transport planning

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REGULATION (EC) No 793/2004 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 21 April 2004

amending Council Regulation (EEC) No 95/93 on common rules for the allocation of slots at
Community airports

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
EUROPEAN UNION,

(5)

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

Having regard to the proposal from the Commission (1),

Having regard to the opinion of the European Economic and
Social Committee (2),

Acting in accordance with the procedure laid down in Article
251 of the Treaty (3),

Whereas:

(1)

(2)

(3)

(4)

Following the conclusions of the European Council held
this
in Stockholm on 23 and 24 March 2001,
Regulation constitutes a first step in a comprehensive
revision
of
developments, in particular with respect to new entrants
and market access issues,
this Regulation should be
reviewed after a fixed period of operation.

In order

process.

abreast

keep

to

Experience has shown that Council Regulation (EEC) No
95/93 (4) should be strengthened to ensure the fullest
and most flexible use of limited capacity at congested
airports.

It is therefore necessary to amend that Regulation in
accordance with Article 14 thereof and to clarify a
number of its provisions.

It is desirable to follow international terminology and
therefore to use the terms ‘schedules facilitated airport'
and ‘coordinated airport' instead of ‘coordinated airport'
and ‘fully-coordinated airport' respectively.

(1) OJ C 270 E, 25.9.2001, p. 131.
(2) OJ C 125, 27.5.2002, p. 8.
(3) Opinion of the European Parliament of 11 June 2002 (OJ C 261 E,
30.10.2003, p. 116), Council Common Position of 19 February
2004 (not yet published in the Official Journal) and Position of the
European Parliament of 1 April 2004 (not yet published in the
Official Journal).

(4) OJ L 14, 22.1.1993, p. 1. Regulation as last amended by Regulation
(EC) No 1554/2003 of the European Parliament and of the Council
(OJ L 221, 4.9.2003, p. 1).

(6)

(7)

(8)

(9)

Airports with a serious shortfall in capacity should be
designated as ‘coordinated airports' on the basis of
objective criteria after a capacity analysis has been
conducted. At coordinated airports detailed rules are
required to ensure that the principles of transparency,
neutrality and non-discrimination are fully adhered to.
Specific activities such as helicopter operations should
not be subject to slot allocation rules where these are
not necessary.

At schedules facilitated airports the schedules facilitator
should act in an independent manner. At coordinated
airports the coordinator plays a central role in the
coordinating process. Therefore, coordinators should be
in a fully independent position and their responsibilities
should be specified in detail.

the role of

is necessary to specify in detail

the
It
coordination committee which is established to advise
and mediate in relation to slot allocation. Member State
representatives should be invited to meetings of
the
coordination committee as observers without voting
rights. Such observer status should be without prejudice
to the possibility that such representatives could chair
committee meetings. It is important to ensure that the
coordination committee has no power to take decisions
that would be binding on the coordinator.

It is also necessary to make clear that slot allocation
should be considered as giving air carriers permission to
access the airport facilities for landing and taking-off at
specific dates and times for the duration of the period
for which the permission is granted. The need to
develop rules and procedures for coordinating airport
and airway slots should be examined.

However,
in the interest of stability of operations, the
existing system provides for the reallocation of slots
with established historical precedence
(‘grandfather
rights' ) to incumbent air carriers. In order to encourage
regular operations at coordinated airports it is necessary
to provide that grandfather rights relate to series of
slots. At the same time, Member States should, when
defining capacity parameters, be able to take account of
operational and environmental constraints.

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(10)

(11)

(12)

(13)

(14)

Slots with historical precedence should comply with the
usage calculation as well as with all other relevant
provisions of Regulation (EEC) No 95/93 so that air
carriers can continue to claim these slots in the next
situation
equivalent
of
joint operations,
grandfather
code-share or franchise agreements should be clarified.

period.
in the case of

scheduling
rights

The

Regular services at airports should be given priority
strictly without
which
distinction
non-scheduled
services.

administered
scheduled

be
between

should

and

The definition of the term ‘new entrant' should be such
as to strengthen the provision of adequate air services to
competition on
regions
intra-Community routes.

and to increase potential

In order better to ensure that, amongst other things,
third countries grant Community carriers comparable
treatment, a procedure should be established enabling
the Community more efficiently to take action against
treatment
do
third
comparable to that granted in the Community.

countries which

grant

not

The measures necessary for the implementation of this
Regulation should be adopted in accordance with
Council Decision 1999/468/EC of 28 June 1999 laying
down the procedures for the exercise of implementing
powers conferred on the Commission (1).

(15) At coordinated airports, access for an air carrier is only
possible if a slot has been allocated. Measures should be
introduced to guarantee
this
Regulation,
in particular when air carriers repeatedly
and intentionally fail to comply with the slot allocation
rules.

enforcement of

the

(16)

There should be a procedure to review decisions taken
by the coordinator.

(17)

For the avoidance of doubt, it should be specified that
the application of the provisions of this Regulation is to
be without prejudice to the competition rules of the
Treaty,
in particular Articles 81 and 82 thereof and
Council Regulation (EEC) No 4064/89 of 21 December
concentrations between
1989 on the
undertakings (2),

control of

(1) OJ L 184, 17.7.1999, p. 23.
(2) OJ L 395, 30.12.1989, p. 1. Regulation as last amended by

Regulation (EC) No 1310/97 (OJ L 180, 9.7.1997, p. 1).

HAVE ADOPTED THIS REGULATION:

Article 1

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

1. Article 1(1) shall be replaced by the following:

‘1.

This Regulation shall apply to Community airports.'

2. Article 2 is amended as follows:

(a) Points (a) and (b) shall be replaced by the following:

‘(a) “slot”

the

full

shall mean the permission given by a
coordinator in accordance with this Regulation to
use
infrastructure
necessary to operate an air service at a coordinated
airport on a specific date and time for the purpose
of landing or take-off as allocated by a coordinator
in accordance with this Regulation;

range of

airport

(b) “new entrant” 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
airport systems on that day, where,
if the air
carrier's request were accepted, the air carrier
would nonetheless hold fewer than five slots at
that non-stop
that airport on that day for
service, or

(iii) an air carrier requesting a series of slots at an
for a non-stop scheduled passenger
airport
service between that airport and a regional
airport where no other air carrier operates a
direct
service between
these airports or airport systems on that day,
where, if the air carrier's request were accepted,

scheduled passenger

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the air carrier would nonetheless hold fewer
than five slots at that airport on that day for
that non-stop service.

the activities of the various operators present at the
airport or within the airport system concerned;

An air carrier holding more than 5 % of the total
slots available on the day in question at a
particular airport, or more than 4 % of the total
slots available on the day in question in an airport
system of which that airport forms part, shall not
be considered as a new entrant at that airport.'

(b) Points (f) and (g) shall be replaced by the following:

‘(f)

(i)

carrier”

shall mean an air

“air
transport
undertaking 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 4, 8, 8a and 10, the definition of air
shall also include business aviation
carrier
operators, when they operate according to a
schedule; for the purposes of Articles 7 and 14;
the definition of air carrier shall also include all
civil aircraft operators;

(ii) “group of air carriers” shall mean two or more
carriers which together perform joint
air
operations,
or
code-sharing for the purpose of operating a
specific air service;

operations

franchise

(g) “coordinated airport” shall mean any airport where,
in order to land or take off, it is necessary for an
air carrier or any other aircraft operator to have
been allocated a slot by a coordinator, with the
exception of State flights, emergency landings and
humanitarian flights;'

(c) The following points shall be added:

‘(i) “schedules facilitated airport” shall mean an airport
where there is potential
for congestion at some
periods of the day, week or year which is amenable
to resolution by voluntary cooperation between air
carriers and where a schedules facilitator has been
appointed to facilitate the operations of air carriers
operating services or intending to operate services
at that airport;

(j)

“managing body of an airport” shall mean the body
in conjunction with other activities or
which,
otherwise, has the task under national
laws or
regulations of administering and managing the
airport facilities and coordinating and controlling

(k) “series of slots” shall mean at least five slots having
been requested for the same time on the same day
of
the week regularly in the same scheduling
period and allocated in that way or, if that is not
possible, allocated at approximately the same time;

(l)

shall mean that

“business aviation”
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, where the aircraft are flown for
purposes generally considered not for public hire
and are piloted by individuals having,
a
minimum, a valid commercial pilot license with an
instrument rating;

at

(m) “coordination

parameters”

shall mean

the
expression in operational terms of all the capacity
available for slot allocation at an airport during
each coordination period, reflecting all technical,
operational and environmental factors that affect
the performance of the airport infrastructure and
its different sub-systems.'

3. Article 3 is amended as follows:

(a) Paragraph 1 shall be replaced by the following:

‘(1)

(a) A Member

State

no
shall
obligation to designate
as
schedules facilitated or coordinated save in
accordance with the provisions of
this
Article.

under
airport

be
any

(b) A Member State shall not designate an
airport as coordinated save in accordance
with the provisions of paragraph 3.'

(b) In Paragraph 2 the term ‘coordinated airport' shall be

replaced by ‘schedules facilitated airport'.

(c) Paragraph 3 shall be replaced by the following:

The Member State responsible shall ensure that a
‘3.
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 or by any
other
competent body when that Member State
considers it necessary, or within six months:

(i)

following a written request
carriers
representing more than half of the operations at an
airport or from the managing body of the airport

from air

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when either considers 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 or where air
carriers and in particular new entrants encounter
serious problems in securing landing and take off
possibilities at the airport in question.

the airport

changes, or

This analysis, based on commonly recognised methods,
in capacity, taking into
shall determine any shortfall
account environmental constraints at
in
question. The analysis shall consider the possibilities of
overcoming such shortfall through new or modified
infrastructure, operational
any other
change, and the time frame envisaged to resolve the
problems. It shall be updated if paragraph 5 has been
invoked, or when there are changes at
the airport
influencing significantly its
capacity and capacity
usage. Both the analysis and the method used shall be
made available to the parties having requested the
analysis and, upon request, to other interested parties.
The analysis shall be communicated to the Commission
at the same time. '

4. Article 4 shall be amended as follows:

(a) The title shall be replaced by the following:

‘The

schedules facilitator and the coordinator'.

(b) Paragraphs 1 to 6 shall be replaced by the following:

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

their

The Member State responsible for a schedules

(2)
facilitated or coordinated airport shall ensure:

(a)

that at a schedules facilitated airport, the schedules
this Regulation in an
facilitator
independent,
and
non-discriminatory
transparent manner;

acts under
neutral,

(d) Paragraph 4 shall be

replaced by the

following

paragraphs:

‘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
representative
regularly,
using
organisations, representatives of general aviation using
the airport regularly and air traffic control authorities.

airport

their

the

(c)

(b) the

of

the

coordinator

independence

a
coordinated airport by separating the coordinator
functionally from any single interested party. The
system of financing the coordinators' activities shall
be
coordinator's
guarantee
to
such as
independent status;

the

at

the

coordinator

that
to this
Regulation in a neutral, non-discriminatory and
transparent way.

according

acts

5. Where capacity problems occur for at least one
scheduling period, the Member State shall ensure that
the airport is designated as coordinated for the relevant
periods only if:

(a)

the shortfall
is 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.

6.
By way of derogation from paragraph 5, Member
States may, in exceptional circumstances, designate as
coordinated the airports affected for the appropriate
period.'

(e) The present paragraph 5 shall become paragraph 7 and
the term ‘fully coordinated airport' shall be replaced by
‘coordinated airport'.

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.

the

The

shall be

coordinator

5.
sole person
responsible for the allocation of slots. He shall allocate
this
the slots in accordance with the provisions of
Regulation and shall make provision so that,
in an
emergency, slots can also be allocated outside office
hours.

shall monitor

schedules
air

6.
The
facilitator
the
carriers' operations with the
conformity of
schedules recommended to them. The coordinator shall
monitor the conformity of air carriers' operations with
the slots allocated to them. These conformity checks
shall be carried out in cooperation with the managing
body of the airport and with the air traffic control

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relevant parameters

authorities and shall take into account the time and
other
relating to the airport
concerned. The coordinator shall submit on request to
the Member States concerned and to the Commission
an annual activity report, concerning, in particular, the
application of Articles 8a and 14, as well as any
complaints regarding the application of Articles 8 and
10 submitted to the coordination committee and the
steps taken to resolve them.

the managing

the airport(s) in question regularly and their representative
organisations,
airport
concerned, the relevant air traffic control authorities and
the representatives of general aviation using the airport
regularly.

body

the

of

The tasks of the coordination committee shall be:

All schedules facilitators and coordinators shall

7.
cooperate to detect inconsistencies in schedules.'

(a)

(c) The present paragraph 7 shall become paragraph 8 and
the introductory wording shall be replaced by the
following:

coordinator

shall on request

‘The
and within a
reasonable time make available free of charge for
review to interested parties, in particular to members
or observers of the coordination committee, either in
written form or in any other easily accessible form, the
following information:'

(d) The present paragraph 8 shall become paragraph 9 and

shall be replaced by the following:

to make
or
coordinator and/or the Member State on:

concerning

proposals

advise

the

— the possibilities for increasing the capacity of the
airport determined in accordance with Article 3 or
for improving its usage;

— the coordination parameters to be determined in

accordance with Article 6;

— the methods of monitoring the use of allocated

slots;

— local guidelines for the allocation of slots or the
monitoring of the use of allocated slots, taking into
account,
environmental
alia,
concerns, as provided for in Article 8(5);

possible

inter

‘9.
The information referred to in paragraph 8 shall
the
be made available at
the latest at
relevant scheduling conferences and as appropriate
during the conferences and thereafter. On request, the
coordinator
such information in a
summarised format. A cost-related fee may be charged
for the provision of such summarised information.'

shall provide

the time of

— improvements to traffic conditions prevailing at the

airport in question;

— serious problems encountered by new entrants, as

provided for in Article 10(9);

(e) The following paragraph shall be added:

— all questions relating to the capacity of the airport;

relevant

and
information standards are available,
coordinator and the
facilitator,

accepted
‘10. Where
the
schedules
schedules
air
carriers shall apply them provided that they comply
with Community law.'

generally

the

(b) to mediate

between

on
all
complaints on the allocation of slots, as provided for in
Article 11.

concerned

parties

5. Articles 5 to 9 shall be replaced by the following:

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

‘Article 5

Coordination committee

a

At

airport,

coordinated

1.
State
responsible shall ensure that a coordination committee is
set up. The
coordination committee may be
designated for more than one airport. Membership of this
committee shall be open at least to the air carriers using

the Member

same

inter

covering,

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

the coordinator,

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Article 6

Coordination parameters

coordinator,
requested by a
possession about the planned services of air carriers.

any information in its

coordinated
ensure
shall

State
1.
a
At
responsible
the
parameters for slot allocation twice yearly, while taking
and
account
environmental constraints as well as any changes thereto.

the Member
determination of

airport
the

operational

technical,

relevant

all

of

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 communicated to the airport
coordinator 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, where the Member State does not do so, the
coordinator
coordination time
intervals after consultation of the coordination committee
and in conformity with the established capacity.

relevant

define

shall

the parameters

The determination of

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

slot allocation is

taken. All

for

Article 7

Information for schedules facilitators and coordinators

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

the request

schedules

specified

that mitigating

2. Where an air carrier fails to provide the information
referred to in paragraph 1, unless it can satisfactorily
demonstrate
exist, or
provides false or misleading information, the coordinator
shall not
request or
take into consideration the slot
requests by that air carrier to which the missing, false or
misleading information relates. The coordinator shall give
that air carrier the opportunity to submit its observations.

circumstances

The schedules

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

the coordinator,

Article 8

Process of slot allocation

Series of slots are allocated from the slot pool to
1.
to use the airport
applicant carriers as permissions
landing or take-off for
infrastructure for the purpose of
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.

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 satisfied:

— a series of slots has been used by an air carrier for the
operation
programmed
scheduled
of
non-scheduled air services, and

and

— 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,
if requested by that air carrier within
the time-limit referred to in Article 7(1).

For all other airports with no particular designation status,
the airport shall provide, when
the managing body of

3. Without prejudice to Article 10(2),
in a situation
where all slot requests cannot be accommodated to the
satisfaction of the air carriers concerned, preference shall

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be given to commercial air services and in particular to
scheduled services and programmed non-scheduled air
services. In the case of competing requests within the same
category of services, priority shall be given for year round
operations.

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 or if slot timings of applicant air
carriers would be improved in relation to the timings
initially requested.
take effect prior to the
express confirmation by the coordinator.

It shall not

(ii) as part of

the acquisition of control over

the

capital of an air carrier,

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

(c) exchanged, one for one, between air carriers.

shall

local

guidelines

also take

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

the airport

the

by

6.
the
If a requested slot cannot be accommodated,
coordinator shall inform the requesting air carrier of the
reasons therefor and shall
indicate the nearest available
alternative slot.

the

7.
The coordinator shall, in addition to the planned slot
to
allocation for
scheduling period,
accommodate single slot requests with short notice for any
type of aviation,
including general aviation. To this end,
slots remaining in the pool referred to in Article 10 after
and slots
applicant
distribution among the
available at short notice may be used.

endeavour

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:

2.
The transfers or exchanges referred to in paragraph 1
shall be notified to the coordinator and shall not take effect
prior to the express confirmation by the coordinator. The
shall decline to confirm the transfers or
coordinator
exchanges
in conformity with the
requirements of this Regulation and if the coordinator is
not satisfied that:

they are not

if

(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 3.

3.

(a)

Slots allocated to a new entrant as defined in
Article 2(b) may not be transferred as provided
for in paragraph 1(b) of this Article for a period
of two equivalent scheduling periods, except in
the case of a legally authorised takeover of the
activities of a bankrupt undertaking.

(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)
of this Article for a period of two equivalent
scheduling periods unless the new entrant would
have been treated with the same priority on the
new route as on the initial route.

(i) between parent and subsidiary companies, and
between subsidiaries of the same parent company,

(c) Slots allocated to a new entrant as defined in
Article 2(b) may not be exchanged as provided
for in paragraph 1(c) of this Article for a period

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to improve the slot

of two equivalent scheduling periods, except in
order
these
services
initially
requested.

in relation to the timings

timings for

Article 8b

Exclusion of compensation claims

in

law,

particular

the rules of

under Community

The entitlement to series of slots referred to in Article 8(2)
shall not give rise to any claims for compensation in
respect of any limitation, restriction or elimination thereof
imposed
in
application of
the Treaty relating to air
transport. This Regulation shall not affect the powers of
public authorities to require the transfer of slots between
air carriers and to direct how these are allocated pursuant
to national competition law or to Articles 81 or 82 of the
Treaty or Council Regulation (EEC) No 4064/89 of 21
December 1989 on the control of concentrations between
undertakings (*). These
transfers can only take place
without monetary compensation.

6. Article 10 is replaced by the following:

‘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) shall be placed in the pool.

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

coordinator

that

the

Article 9

Public service obligations

1. Where public service obligations have been imposed
on a route in accordance with Article 4 of Regulation
(EEC) No 2408/92, a Member State may reserve at a
coordinated airport the slots required for the operations
envisaged on that route. If the reserved slots on the route
concerned are not used, they shall be made available to
any other air carrier interested in operating the route in
accordance with 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 tenders under Article 4(1)(d) of Regulation (EEC)
No 2408/92, the slots shall either be reserved for another
route subject to public service obligations or be returned
to the pool.

2.
The tender procedure established in Article 4(1)(d) to
(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 serving the route and has not been able to obtain slots
within one hour before or after the times requested from
the coordinator.

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
the usage
taken into account
calculation.

the purposes of

for

If the 80 % usage of the series of slots cannot be
4.
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 unavoidable circumstances outside

the air carrier's control leading to:

— grounding of the aircraft type generally used for

the air service in question;

— closure of an airport or airspace;

— serious disturbance of operations at the airports
concerned, including those series of slots at other
Community airports related to routes which have
been affected by such disturbance, during a
substantial part of the relevant scheduling period;

(*) OJ L 395, 30.12.1989, p. 1. Regulation as last amended
by Regulation (EC) No 1310/97 (OJ L 180, 9.7.1997,
p. 1).'

(b)

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;

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(c) serious financial damage for a Community air carrier
concerned, with, as a result,
the granting of a
temporary license by the licensing authorities pending
financial reorganisation of the air carrier in accordance
with Article 5(5) of Regulation (EEC) No 2407/92;

(d)

judicial proceedings concerning the application of
Article 9 for routes where public service obligations
to Article 4 of
have been imposed according
Regulation (EEC) No 2408/92 resulting
in the
temporary suspension of the operation of such routes.

and

for
slots are allocated remains on the shared flight
coordination
Upon
monitoring
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 prior
to the beginning of such operations.

purposes.

If

to exist

serious problems continue

for new
9.
entrants, the Member State shall ensure that a meeting of
the airport coordination committee is convened. The
purpose of the meeting shall be to examine possibilities for
remedying the situation. The Commission shall be invited
to that meeting.'

5.
At the request of a Member State or on its own
initiative the Commission shall examine the application of
paragraph 4 by the coordinator of an airport falling within
the scope of this Regulation.

7. Article 11 shall be replaced by the following:

It shall take a decision within two months of receipt of the
request in accordance with the procedure referred to in
Article 13(2).

‘Article 11

Complaints and rights of appeal

6. 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 %. The coordinator shall treat the
in
requests of new entrants and other carriers fairly,
accordance with the
each
scheduling day.

coordination periods of

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

7.
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 its new
entrant status for that scheduling period.

8.
In the case of services operated by a group of air
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
criteria required to maintain historical precedence referred
to in Article 8(2).

1. Without prejudice to rights of appeal under national
law, complaints regarding the application of Articles 7(2),
8, 8a, 10 and 14(1) to (4) and (6) shall be submitted to the
coordination committee. The committee shall, within a
period of one month following submission of
the
complaint, consider
the matter and if possible make
proposals to the coordinator in an attempt to resolve the
problem. If the complaint cannot be settled, the Member
State responsible may, within a further two month period,
provide for mediation by an air carriers' or airports'
representative organisation or other third party.

2. Member States shall take appropriate measures,
in
accordance with national law, to protect coordinators with
regard to claims for damages relating to their functions
under this Regulation, save in cases of gross negligence or
wilful misconduct. '

8.

In Article 12, the title and paragraph 1 shall be replaced
by the following:

‘Relations with third countries

1. Whenever
allocation and use of slots at its airports, a third country:

that, with respect

it appears

to the

Slots allocated to one air carrier may be used by (an)other
air carrier(s) participating in a joint operation, provided
that the designator code of the air carrier to whom the

(a) does not grant Community air carriers

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

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L 138/59

(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,

establishing itself 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 undertaking does not
hold an operating licence or equivalent on that date or if it
is not stated by the competent licensing authority that it is
likely that an operating licence or equivalent will be issued
before the relevant scheduling period commences.

States

the Commission may,
in accordance with the procedure
referred to in Article 13(2), decide that a Member State or
the
Member
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 concerned.'

take measures,

including

shall

9. Articles 13 and 14 shall be replaced by the following:

‘Article 13

Committee procedure

1.

The Commission shall be assisted by a committee.

2. Where reference is made to this paragraph Articles 5
and 7 of Council Decision 1999/468/EC of 28 June 1999
laying
of
implementing powers conferred to the Commission (*)
shall apply, having regard to the provisions of Article 8
thereof.

down the

procedures

exercise

the

for

The period laid down in Article 5(6) of Decision
1999/468/EC shall be set at three months.

3.
The coordinator shall withdraw and place in the pool
the series of slots of an air carrier, which it has received
following an exchange pursuant to Article 8a(1)(c) if they
have not been used as intended.

Air carriers that repeatedly and intentionally operate
4.
air services at a time significantly different
from the
allocated slot as part of a series of slots or uses slots in a
significantly different way from that indicated at the time
of allocation and thereby cause prejudice to airport or air
lose their status as referred to in
traffic operations shall
Article 8(2). The coordinator may decide to withdraw from
that air carrier the series of slots in question for the
remainder of the scheduling period and place them in the
pool after having heard the air carrier concerned and after
issuing a single warning.

ensure
that
sanctions or

States
shall
and dissuasive
available

effective,
5. Member
equivalent
proportionate
measures
to deal with repeated and
are
intentional operation of air services at times significantly
different from the allocated slots or with the use of slots in
a significantly different way from that indicated at the time
of allocation, where this causes prejudice to airport or air
traffic operations.

The

committee may also be

consulted by the
3.
Commission on any other matter concerning application of
this Regulation.

4.

The committee shall adopt its rules of procedure.

6.

Article 14

Enforcement

1.
An air carrier's flight plan may be rejected by the
competent Air Traffic Management authorities if the air
carrier 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.

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

having

heard

the

air

(b) Without prejudice to Article 10(4),

if after an
the
allotted time corresponding to 20 % of
period of
that
the series validity no slots of
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.

The coordinator shall withdraw the series of slots
2.
provisionally allocated to an air carrier in the process of

(*) OJ L 184, 17.7.1999, p. 23.'

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10. The following Article shall be inserted:

‘Article 14a

Report and cooperation

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 functioning
of Articles 8, 8a and 10.

2. 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. '

Article 2

This Regulation shall enter into force three months after

1.
its publication in the Official Journal of the European Union.

Article 11(2) and Article 14(5) of Regulation (EEC) No

2.
95/93 shall apply from 30 July 2005.

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

Done at Strasbourg, 21 April 2004.

For the European Parliament

The President

P. COX

For the Council

The President

D. ROCHE