Proposal for a Regulation of the European Parliament and of the Council on common rules for the allocation of slots at Community airports (Codified version)
Date: 2009-11-20
Institutions: European Commission
Subjects: air transport, airport, codification of EU law, common transport policy, organisation of transport, transport capacity, transport planning

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COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 20.11.2009 
COM(2009)634 final 

2009/0176 (COD) 

Proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

on common rules for the allocation of slots at Community airports 

(Codified version) 

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EXPLANATORY MEMORANDUM 

In  the  context  of  a  people’s  Europe,  the  Commission  attaches  great  importance  to 
simplifying  and  clarifying  Community  law  so  as  to  make  it  clearer  and  more 
accessible to the ordinary citizen, thus giving him new opportunities and the chance 
to make use of the specific rights it gives him. 

This aim cannot be achieved so long as numerous provisions that have been amended 
several times, often quite substantially, remain scattered, so that they must be sought 
partly  in  the  original  instrument  and  partly  in  later  amending  ones.  Considerable 
research work, comparing many different instruments, is thus needed to identify the 
current rules. 

For  this  reason  a  codification  of  rules  that  have  frequently  been  amended  is  also 
essential if Community law is to be clear and transparent. 

On  1  April  1987  the  Commission  therefore  decided1  to  instruct  its  staff  that  all 
legislative acts should be codified after no more than ten amendments, stressing that 
this  is  a  minimum  requirement  and  that  departments  should  endeavour  to  codify  at 
even  shorter  intervals  the  texts  for  which  they  are  responsible,  to  ensure  that  the 
Community rules are clear and readily understandable. 

The  Conclusions  of 
the  Edinburgh  European  Council 
(December 1992) confirmed this2, stressing the importance of codification as it offers 
certainty as to the law applicable to a given matter at a given time. 

the  Presidency  of 

Codification  must  be  undertaken  in  full  compliance  with  the  normal  Community 
legislative procedure. 

Given  that  no  changes  of  substance  may  be  made  to  the  instruments  affected  by 
codification, the European Parliament, the Council and the Commission have agreed, 
by  an  interinstitutional  agreement  dated  20  December  1994,  that  an  accelerated 
procedure may be used for the fast-track adoption of codification instruments. 

is 

this  proposal 

to  undertake  a  codification  of  Council 
The  purpose  of 
Regulation (EEC) No 95/93 of 18 January 1993 on common rules for the allocation 
of slots at Community airports3. The new Regulation will supersede the various acts 
incorporated in it4; this proposal fully preserves the content of the acts being codified 
and hence does no more than bring them together with only such formal amendments 
as are required by the codification exercise itself. 

COM(87) 868 PV. 
See Annex 3 to Part A of the Conclusions. 
Carried out pursuant to the Communication from the Commission to the European Parliament and the 
Council – Codification of the Acquis communautaire, COM(2001) 645 final. 
See Annex I to this proposal. 

1. 

2. 

3. 

4. 

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5. 

The codification proposal was drawn up on the basis of a preliminary consolidation, 
in  all  official  languages,  of  Regulation  (EEC)  No  95/93  and  the  instruments 
amending  it,  carried  out  by  the  Office  for  Official  Publications  of  the  European 
Communities, by means of a data-processing system. Where the Articles have been 
given new numbers, the correlation between the old and the new numbers is shown 
in a table set out in Annex II to the codified Regulation. 

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(cid:208) 95/93 (adapted) 

2009/0176 (COD) 

Proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

on common rules for the allocation of slots at Community airports (codified version) 

(Text with EEA relevance) 

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 the European Economic and Social Committee5, 

Having regard to the opinion of the Committee of the Regions6, 

Acting in accordance with the procedure laid down in Article 251 of the Treaty7, 

Whereas: 

(1) 

Council  Regulation  (EEC)  No  95/93  of  18  January  1993  on  common  rules  for  the 
allocation  of  slots  at  Community  airports8  has  been  substantially  amended  several 
times9. In the interests of clarity and rationality the said Regulation should be codified. 

(cid:208)  

(2) 

There  is  a  growing  imbalance  between  the  expansion  of  the  air  transport  system  in 
Europe  and  the  availability  of  adequate  airport  infrastructure  to  meet  that  demand. 
There is, as a result, an increasing number of congested airports in the Community. 

(cid:208) 95/93 Recital 1 

5 
6 
7 
8 
9 

OJ C […], […], p. […]. 
OJ C […], […], p. […]. 
OJ C […], […], p. […]. 
OJ L 14, 22.1.1993, p. 1.  
See Annex I. 

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(3) 

The  allocation  of  slots  at  congested  airports  should  be  based  on  neutral,  transparent 
and non-discriminatory rules. 

(cid:208) 95/93 Recital 2 

(4) 

The  requirement  of  neutrality  is  best  guaranteed  when  the  decision  to  coordinate  an 
airport  is  taken  by  the  Member  State  responsible  for  that  airport  on  the  basis  of 
objective criteria. 

(cid:208) 95/93 Recital 3 

(5) 

Under  certain conditions,  in  order to facilitate operations, a Member State should be 
able  to  designate  an  airport  as  coordinated  provided  that  principles  of  transparency, 
neutrality and non-discrimination are followed. 

(cid:208) 95/93 Recital 4 

(6) 

The  Member  State  responsible  for  the  coordinated  airport  should  ensure  the 
appointment of a coordinator whose neutrality should be unquestioned. 

(cid:208) 95/93 Recital 5 

(7) 

Transparency  of  information  is  an  essential  element  for  ensuring  an  objective 
procedure for slot allocation. 

(cid:208) 95/93 Recital 6 

(8) 

The  principles  governing  the  existing  system  of  slot  allocation  could  be  the  basis  of 
this  Regulation  provided  that  this  system  evolves  in  harmony  with  the  evolution  of 
new transport developments in the Community. 

(cid:208) 95/93 Recital 7 

(cid:208) 95/93 Recital 8 

(9) 

It  is  Community  policy  to  facilitate  competition  and  to  encourage  entrance  into  the 
market, as provided for in Regulation (EC) No 1008/2008 of the European Parliament 
and  of  the  Council  of  24  September  2008  on  common  rules  for  the  operation  of  air 
services in the Community10, and these  objectives  require strong support for carriers 
who intend to start operations on intra-Community routes. 

(10)  The existing system makes provision for grandfather rights. 

(cid:208) 95/93 Recital 9 

10 

OJ L 293, 31.10.2008, p. 3. 

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(11)  Provisions  to  allow  new  entrants  into  the  Community  market ⌦ should also  be laid 

down ⌫ . 

(cid:208) 95/93 Recital 10 (adapted) 

(12) 

It  is  necessary  to  make  special  provisions,  under  limited  circumstances,  for  the 
maintenance  of  adequate  domestic  air  services  to  regions  of  the  Member  State 
concerned. 

(cid:208) 95/93 Recital 11 

(13) 

It  is  also  necessary  to  avoid  situations  where,  owing  to  a  lack  of  available  slots,  the 
benefits of liberalisation are unevenly spread and competition is distorted. 

(cid:208) 95/93 Recital 12 

(14) 

It is desirable to make the best use of the existing slots in order to meet the objectives 
set out above. 

(cid:208) 95/93 Recital 13 

(15) 

It is desirable that third countries offer Community carriers equivalent treatment. 

(cid:208) 95/93 Recital 14 

(16)  The  application  of  the  provisions  of  this  Regulation  ⌦ should ⌫  be  without 
prejudice to the competition rules of the Treaty, in particular Articles 81 and 82. 

(cid:208) 95/93 Recital 15 (adapted) 

(17)  Arrangements for greater cooperation over the use of Gibraltar airport were agreed in 
London on 2 December 1987 by Spain and the United Kingdom in a joint declaration 
by the Ministers of Foreign Affairs of the two Member States, and such arrangements 
have yet to come into operation. 

(cid:208) 95/93 Recital 16 (adapted) 

(18)  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 Commission11. 

(cid:208)  

11 

OJ L 184, 17.7.1999, p. 23. 

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(19)  This  Regulation  should  be  reviewed  after  a  fixed  period  of  operation  to  assess  its 

functioning, 

(cid:208) 95/93 Recital 17 

HAVE ADOPTED THIS REGULATION: 

(cid:208) 95/93 

Article 1 

Scope 

1. This Regulation shall apply to Community airports. 

(cid:208) 793/2004 Art. 1 pt. 1 

(cid:208) 95/93 (adapted) 

2.  The  application  of  this  Regulation  to  the  airport  of  Gibraltar  is  understood  to  be  without 
prejudice to the respective legal positions of Spain and the United Kingdom with regard to the 
dispute over sovereignty over the territory in which the airport is situated. 

3. Application of the provisions of this Regulation to Gibraltar airport shall be suspended until 
the  arrangements  in  the  joint  declarations  made  by  the  Foreign  Ministers  of  Spain  and  the 
United Kingdom on 2 December 1987 have come into operation. The Governments of Spain 
and the United Kingdom will so inform the Council of that date. 

Article 2 

Definitions 

For the purposes of this Regulation: 

(a) 

‘slot’  means  the  permission  given  by  a  coordinator  in  accordance  with  this 
Regulation to use the full range of airport 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; 

(cid:208) 793/2004 Art. 1 pt. 2(a) 

(b) 

‘new entrant’ means: 

(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 

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(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 those 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 airport on that day 
for that non-stop service; or 

(iii)  an air carrier requesting a series of slots at an airport for a non-stop scheduled 
passenger service between that airport and a regional airport where no other air 
carrier operates a direct scheduled passenger service between those 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 airport on that 
day for that non-stop service. 

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; 

(cid:208) 95/93 

(c) 

(d) 

(e) 

‘direct air service’ means a service between two airports including stopovers with the 
same aircraft and same flight number; 

‘scheduling  period’  means  either  the  summer  or  winter  season  as  used  in  the 
schedules of air carriers; 

‘Community air carrier’ means an air carrier with a valid operating licence issued by 
a Member State in accordance with Regulation (EC) No 1008/2008; 

(cid:208) 793/2004 Art. 1 pt. 2(b) 

(f) 

(i) 

‘air  carrier’  means  an  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  purposes  of 
Articles 4, 8, 9 and 12, the definition of 'air carrier' shall also include business 
aviation operators, when they operate according to a schedule; for the purposes 
of  Articles  7  and  17,  the  definition  of  'air  carrier'  shall  also  include  all  civil 
aircraft operators; 

(ii) 

‘group of air carriers’ means two or more air carriers which together perform 
joint  operations,  franchise  operations  or  code-sharing  for  the  purpose  of 
operating a specific air service; 

(g) 

‘coordinated  airport’  means  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; 

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(h) 

‘airport system’ means two or more airports grouped together and serving the same 
city or conurbation; 

(cid:208) 95/93 (adapted) 

(i) 

(j) 

(k) 

(l) 

(cid:208) 793/2004 Art. 1 pt. 2(c) 

‘schedules facilitated airport’ means an airport where there is potential for congestion 
at  certain  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; 

‘managing  body  of  an  airport’  means  the  body  which,  in  conjunction  with  other 
activities  or  otherwise,  has  the  task  under  national  laws  or  regulations  of 
administering  and  managing  the  airport  facilities  and  coordinating  and  controlling 
the  activities  of  the  various  operators  present  at  the  airport  or  within  the  airport 
system concerned; 

‘series of slots’ means 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; 

‘business  aviation’  means  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,  where  the  aircraft  are  flown  for  purposes 
generally  considered  not  for  public  hire  and  are  piloted  by  individuals  having,  at  a 
minimum, a valid commercial pilot licence with an instrument rating; 

(m) 

‘coordination  parameters’  means  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. 

(cid:208) 95/93 

Article 3 

Conditions for airport coordination 

(cid:208) 793/2004 Art. 1 pt. 3(a) 
(adapted) 

1. ⌦ Member  States ⌫  shall  be  under  no  obligation  to  designate  any  airport  as  schedules 
facilitated or coordinated save in accordance with the provisions of this Article. 

⌦ Member States ⌫ shall not designate an airport as coordinated save in accordance with 
the provisions of paragraph 3. 

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(cid:208) 95/93 
(cid:206)1 793/2004 Art. 1 pt. 3(b) 

2. A Member State may, however, provide for any airport to be designated as a (cid:206)1 schedules 
facilitated  airport   provided 
transparency,  neutrality  and  non-
discrimination are met. 

that  principles  of 

(cid:208) 793/2004 Art. 1 pt. 3(c) 

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  or  by  any  other  competent  body  when  that  Member  State  considers  it 
necessary, or within six months: 

(i) 

(ii) 

following  a  written  request  from  air  carriers  representing  more  than  half  of  the 
operations  at  an  airport  or  from  the  managing  body  of  the  airport  when  either 
considers  that  capacity  is  insufficient  for  actual  or  planned  operations  at  certain 
periods; or 

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. 

This  analysis,  based  on  commonly  recognised  methods,  shall  determine  any  shortfall  in 
capacity, taking into account environmental constraints at the airport in question. The analysis 
shall  consider  the  possibilities  of  overcoming  such  shortfall  through  new  or  modified 
infrastructure,  operational  changes,  or  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. 

(cid:208) 793/2004 Art. 1 pt. 3(d) 

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

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. 

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

(cid:206)1 7.   When  a  capacity  sufficient  to  meet  actual  or  planned  operations  is  provided  at  a 
(cid:206)1 coordinated airport , its designation as a (cid:206)1 coordinated airport  shall be lifted. 

(cid:208) 95/93 
(cid:206)1 793/2004 Art. 1 pt. 3(e) 

Article 4 

The schedules facilitator and the coordinator 

(cid:208) 793/2004 Art. 1 pt. 4(a) 

(cid:208) 793/2004 Art. 1 pt. 4(b) 

1. The Member State responsible for a schedules 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  regularly, 
their representative organisations and the 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. 

2.  The  Member  State  responsible  for  a  schedules  facilitated  or  coordinated  airport  shall 
ensure: 

(a) 

(b) 

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

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

(c) 

that the coordinator acts according to this Regulation in a neutral, non-discriminatory 
and transparent way. 

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. 

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

6.  The  schedules  facilitator  shall  monitor  the  conformity  of  air  carriers'  operations  with  the 
schedules recommended to them. The coordinator shall monitor the conformity of air carriers' 

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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 authorities 
and  shall  take  into  account  the  time  and  other  relevant  parameters  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 
9 and 17, as well as any complaints regarding the application of Articles 8 and 12 submitted 
to the coordination committee and the steps taken to resolve them. 

7.  All  schedules  facilitators  and  coordinators  shall  cooperate  to  detect  inconsistencies  in 
schedules. 

(cid:208) 95/93 
(cid:206)1 793/2004 Art. 1 pt. 4(c) 

(cid:206)1 8. The coordinator shall on request 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:  

(a) 

(b) 

(c) 

(d) 

(e) 

historical slots by airline, chronologically, for all air carriers at the airport, 

requested  slots  (initial  submissions),  by  air  carriers  and  chronologically,  for  all  air 
carriers, 

all allocated slots, and outstanding slot requests, listed individually in chronological 
order, by air carriers, for all air carriers, 

remaining available slots, 

full details on the criteria being used in the allocation. 

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

(cid:208) 793/2004 Art. 1 pt. 4(d) 

10. Where relevant and generally accepted schedules information standards are available, the 
schedules facilitator, the coordinator and the air carriers shall apply them provided that they 
comply with Community law. 

(cid:208) 793/2004 Art. 1 pt. 4(e) 

(cid:208) 793/2004 Art. 1 pt. 5 

Article 5 

Coordination committee 

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1.  At  a  coordinated  airport,  the  Member  State  responsible  shall  ensure  that  a  coordination 
committee is set up. The same 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 
airport(s) in question regularly and their representative organisations, the managing body of 
the  airport  concerned,  the  relevant  air  traffic  control  authorities  and  the  representatives  of 
general aviation using the airport regularly. 

The tasks of the coordination committee shall be: 

(a) 

to make proposals concerning or advise the coordinator and/or the Member State on: 

(i) 

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

(ii) 

the coordination parameters to be determined in accordance with Article 6; 

(iii) 

the methods of monitoring the use of allocated slots; 

(iv) 

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

(v) 

improvements to traffic conditions prevailing at the airport in question; 

(vi)  serious problems encountered by new entrants, as provided for in Article 12(9); 

(vii)  all questions relating to the capacity of the airport; 

(b) 

to mediate between all parties concerned on complaints on the allocation of slots, as 
provided for in Article 14. 

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

3. The coordination committee shall draw up written rules of procedure covering, inter alia, 
participation, 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  coordinator,  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 State concerned with an indication of the respective positions stated 
within the committee. 

Article 6 

Coordination parameters 

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

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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. 

2. For the purpose of the exercise referred to in paragraph 1, where the Member State does not 
do  so,  the  coordinator  shall  define  relevant  coordination  time  intervals  after  consultation  of 
the coordination committee and in conformity with the established capacity. 

3.  The  determination  of  the  parameters  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 for slot allocation is taken. All relevant documents shall be made available on 
request to interested parties. 

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  the  schedules  facilitator  or  coordinator,  respectively,  all  relevant 
information requested by them. All relevant information shall be provided in the format and 
within the time-limit specified by the schedules facilitator or coordinator. In particular, an air 
carrier shall inform the coordinator, at the time of the request for allocation, whether it would 
benefit from the status of new entrant, in accordance with Article 2(b), in respect of requested 
slots.  

For all other airports with no particular designation status, the managing body of the airport 
shall  provide,  when  requested  by  a  coordinator,  any  information  in  its  possession  about  the 
planned services of air carriers. 

2. Where an air carrier fails to provide the information referred to in paragraph 1, unless it can 
satisfactorily demonstrate that mitigating circumstances exist, or provides false or misleading 
information, the coordinator shall not take into consideration the  slot request or 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. 

3. The schedules facilitator or the coordinator, the 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. 

Article 8 

Process of slot allocation 

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

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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 12. 

2. Without prejudice to Articles 7, 9, 11, 12(1) and 17, paragraph 1, of this Article shall not 
apply when the following conditions are satisfied: 

(a) 

(b) 

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

3.  Without  prejudice  to  Article  12(2),  in  a  situation  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 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  12  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. It shall not take effect prior to the express confirmation by the 
coordinator. 

5. The coordinator shall also take into account additional rules and guidelines established by 
the air transport industry world-wide or Community-wide as well as local guidelines proposed 
by  the  coordination  committee  and  approved  by  the  Member  State  or  any  other  competent 
body  responsible  for  the  airport  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. 

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

7. The coordinator shall, in addition to the planned slot allocation for the scheduling period, 
endeavour  to  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 12 
after distribution among the applicant carriers and slots available at short notice may be used. 

1. Slots may be: 

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Article 9 

Slot mobility 

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(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,  and  between  subsidiaries  of  the 
same parent company; 

(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. 

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 coordinator 
shall  decline  to  confirm  the  transfers  or  exchanges  if  they  are  not  in  conformity  with  the 
requirements of this Regulation and if the coordinator is not satisfied that: 

(a) 

(b) 

(c) 

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

limitations imposed according to Article 11 are respected; 

a transfer of slots does not fall within the scope of paragraph 3. 

3.  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. 

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. 

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 of two equivalent scheduling periods, except 
in  order  to  improve  the  slot  timings  for  these  services  in  relation  to  the  timings  initially 
requested. 

Article 10 

Exclusion of compensation claims 

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  under 
Community law, in particular in application of the rules of the Treaty relating to air transport.  

(cid:208) 793/2004 Art. 1 pt. 5 (adapted) 

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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  (EC)  No  139/200412.  These 
transfers can only take place without monetary compensation. 

Article 11 

Public service obligations 

1. Where public service obligations have been imposed on a route in accordance with Article 
16 of Regulation (EC) No 1008/2008, a Member State may reserve the slots required for the 
operations envisaged on that route at a coordinated airport. 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 16(10) of Regulation (EC) No 1008/2008, 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 16(10), Article 17(3) to (7) and Article 18(1) of 
Regulation  (EC)  No  1008/2008  shall  be  applied  for  the  use  of  the  slots  referred  to  in 
paragraph  1  ⌦ of  this  Article ⌫  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.  

(cid:208) 793/2004 Art. 1 pt. 6 (adapted) 

Article 12 

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  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 scheduling 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 calculation. 

12 

OJ L 24, 29.1.2004, p. 1. 

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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 unavoidable circumstances outside the air carrier's control leading 
to: 

(i) 

grounding of the aircraft type generally used for the air service in question; 

(ii) 

closure of an airport or airspace; 

(iii)  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; 

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; 

serious  financial  damage  for  a  Community  air  carrier  concerned,  resulting  in  the 
granting  of  a  temporary  licence  by  the  licensing  authorities  pending  financial 
reorganisation of the air carrier in accordance with Article 9(1) of Regulation (EC) 
No 1008/2008; 

judicial proceedings concerning the application of Article 11 for routes where public 
service  obligations  have  been  imposed  according  to  Article  16  of  Regulation  (EC) 
No 1008/2008 resulting in the temporary suspension of the operation of such routes. 

(b) 

(c) 

(d) 

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 to an airport falling within the scope of this 
Regulation. 

It  shall  take  a  decision  within  two  months  of  receipt  of  the  request  in  accordance  with  the 
procedure referred to in Article 16(2). 

6. Without prejudice to Article 8(2) of this Regulation and without prejudice to Article  19(2) 
of  Regulation  (EC)  No  1008/2008,  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 requests of new 
entrants  and  other  carriers  fairly,  in  accordance  with  the  coordination  periods  of  each 
scheduling day. 

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 

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responsibility  for  meeting  the  operating  criteria  required  to  maintain  historical  precedence 
referred to in Article 8(2). 

Slots  allocated  to  one  air  carrier  may  be  used  by  another  air  carrier  ⌦ or  by  other  air 
carriers ⌫  participating  in  a  joint  operation,  provided  that  the  designator  code  of  the  air 
carrier  to  whom  the  slots  are  allocated  remains  on  the  shared  flight  for  coordination  and 
monitoring 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 prior to the beginning of 
such operations. 

9. If serious problems continue to exist for new 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. 

(cid:208) 545/2009 Art. 1(1)(adapted) 
(adapted) 

Article 13 

⌦ Continued entitlement to series of slots ⌫ 

For the purpose of Article 12(2), coordinators shall accept that air carriers are entitled to the 
series of slots for the summer 2010 scheduling period that were allocated to them at the start 
of the summer 2009 scheduling period in accordance with this Regulation. 

(cid:208) 545/2009 Art. 1(1) 

(cid:208) 793/2004 Art. 1 pt. 7 

Article 14 

Complaints and rights of appeal 

1.  Without  prejudice  to  rights  of  appeal  under  national  law,  complaints  regarding  the 
application  of  Articles  7(2),  8,  9,  12  and  17(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. 

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(cid:208) 95/93 

Article 15 

Relations with third countries 

(cid:208) 793/2004 Art. 1 pt. 8 

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

(a) 

(b) 

(c) 

does not grant Community air carriers treatment comparable to that granted by this 
Regulation to air carriers from that country, or 

does not grant Community air carriers de facto national treatment, or 

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

the  Commission  may,  in  accordance  with  the  procedure  referred  to  in  Article  16(2),  decide 
that a Member State or Member 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 
concerned. 

2. Member States shall inform the Commission of any serious difficulties encountered, in law 
or in fact, by Community air carriers in obtaining slots at airports in third countries. 

(cid:208) 95/93 

(cid:208) 793/2004 Art. 1 pt. 9 (adapted) 

Article 16 

Committee procedure 

1. The Commission shall be assisted by a committee. 

2. Where reference is made to this paragraph, Articles 5 and 7 of Decision 1999/468/EC shall 
apply, having regard to the provisions of Article 8 thereof. 

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

3. The committee may also be consulted by the Commission on any other matter concerning 
application of this Regulation. 

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Article 17 

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. 

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

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 9(1)(c) if they have not been 
used as intended. 

4.  Air  carriers  that  repeatedly  and  intentionally  operate  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  traffic  operations  shall  lose  their  status  as  referred  to  in  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 position 
of the air carrier concerned and after issuing a single warning. 

5.  Member  States  shall  ensure  that  effective,  proportionate  and  dissuasive  sanctions  or 
equivalent  measures  are  available  to  deal  with  repeated  and  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. 

6. Without prejudice to Article 12(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 
pool after having heard the position of the air carrier concerned. 

Without  prejudice  to  Article  12(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 position of the air carrier concerned. 

(cid:208) 793/2004 Art. 1 pt. 10 

Article 18 

Report and cooperation 

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1. The Commission shall submit a report to the European Parliament and the Council on the 
operation  of  this  Regulation  at  the  latest  three  years  after  30  July  2004  .  The  report  shall 
address in particular the functioning of Articles 8, 9 and 12. 

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. 

(cid:208)  

Article 19 

Repeal 

Regulation (EEC) No 95/93 is repealed. 

References to the repealed Regulation shall be construed as references to this Regulation and 
shall be read in accordance with the correlation table in Annex II. 

(cid:208) 95/93 (adapted) 

Article 20 

Entry into force 

This  Regulation  shall  enter  into  force  on  the  ⌦ twentieth ⌫  day  following  that  of  its 
publication in the Official Journal of the European Union . 

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

Done at Brussels, […] 

For the European Parliament 
The President 
[…] 

For the Council 
The President 
[…] 

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(cid:207) 

ANNEX I 

Repealed Regulation with list of its successive amendments  

Council Regulation (EEC) No 95/93 

(OJ L 14, 22.1.1993, p.1) 

Regulation (EC) No 894/2002 of the 
European Parliament and of the Council 

Regulation (EC) No 1554/2003 of the 
European Parliament and of the Council 

Regulation (EC) No 793/2004 of the 
European Parliament and of the Council 

Regulation (EC) No 545/2009 of the 
European Parliament and of the Council 

(OJ L 142, 31.5.2002, p. 3) 

(OJ L 221, 4.9.2003, p. 1) 

(OJ L 138, 30.4.2004, p. 50) 

(OJ L 167, 29.6.2009, p. 24) 

_____________ 

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ANNEX II 

CORRELATION TABLE 

Regulation (EEC) No 95/93 

This Regulation 

Articles 1 and 2  

Article 3(1)(a) 

Article 3(1)(b) 

Article 3(2) to (7) 

Article 4 

Articles 1 and 2 

Article 3(1) first subparagraph 

Article 3(1) second subparagraph 

Article 3(2) to (7) 

Article 4 

Article 5(1) first subparagraph 

Article 5(1) first subparagraph 

Article  5(1)  second  subparagraph  (a)  first  to 
seventh indents 

Article  5(1)  second  subparagraph  (a)(i)  to 
(vii) 

Article 5(1)(b) 

Article 5(2) and (3) 

Articles 6 and 7 

Article 8(1) 

Article 5(1)(b) 

Article 5(2) and (3) 

Articles 6 and 7 

Article 8(1) 

Article  8(2)  first  subparagraph  introductory 
wording 

Article  8(2)  first  subparagraph  introductory 
wording 

Article  8(2)  first  subparagraph,  first  and 
second indents 

Article 8(2) first subparagraph (a) and (b) 

Article 8(2) second subparagraph 

Article 8(2) second subparagraph 

Article 8(3) to (7) 

Article 8(3) to (7) 

Article 8a  

Article 8a(1) 

Article 8a(2) 

Article 8a(3)(a) 

Article 8a(3)(b) 

Article 8a(3)(c) 

Article 9  

Article 9(1) 

Article 9(2) 

Article 9(3) first subparagraph 

Article 9(3) second subparagraph 

Article 9(3) third subparagraph 

Article 8b first sentence 

Article 10 first paragraph 

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Article 8b second and third sentences 

Article 10 second paragraph 

Article 9  

Article 11  

Article 10(1), (2) and (3) 

Article 12(1), (2) and (3) 

Article 10(4)(a) first, second and third indents Article 12(4)(a)(i) (ii) and (iii) 

Article 10(4)(b) (c) and (d) 

Article 12(4)(b) (c) and (d) 

Article 10(5) to (9) 

Article 12(5) to (9) 

Article 10a 

Article 11 

Article 12 

Article 13 

Article 14 

Article 15 

Article 13(1), (2) and (3) 

Article 16(1), (2) and (3) 

Article 13(4)  

Article 14(1) to (5) 

— 

Article 17(1) to (5) 

Article 14(6)(a) and (b) 

Article 17(6) first and second subparagraphs 

Article 14a 

— 

Article 15 

— 

— 

Article 18 

Article 19 

Article 20 

Annex I 

Annex II 

_____________ 

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