Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on common rules for the allocation of slots at European Union airports (Recast)
Date: 2011-12-01
Institutions: European Commission
Subjects: airport, provision of services, transport capacity, transport infrastructure, transport planning

EUROPEAN COMMISSION 

Brussels, 21.6.2012  
COM(2011) 827 final/2 

2011/0391 (COD) 

CORRIGENDUM 
Annule et remplace le document COM(2011) 827 final du 1/12/2011 
Concerne la version anglaise, page 8 (point 31), page 12 (point 4), page 14 (points 13 et 16), 
page 15 (points 19 et 20), page 16 (points 23 et 24), page 17 (points 25 et 26), page 21 (article 
2, point 9), page 25 (article 3, point 3 le troisième paragraphe), page 26 (article 3, point 9), 
page 27 (article 4, point 1), page 28 (article 5, points 1 et 2), page 29 (article 5, point 3(b) ii et 
point 3 la dernière phrase), page 33 (article 7, point 1 le troisième paragraphe),  page 34 
(article 8, point 1(a) vii), page 37 (article 9, point 8 et le dernière paragraphe), page 39 (article 
10, point 5(c)), page 41 (article 11, point 1), page 43 (article 13, point 2 le dernière 
paragraphe), page 44 (article 15, point 3), page 46 (titre avant article 17) et page 48 (article 
19, point 1). 

Airport package 

Proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

on common rules for the allocation of slots at European Union airports 

(Recast) 

(Text with EEA relevance) 

{SEC(2011) 1443 final} 
{SEC(2011) 1444 final}

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EXPLANATORY MEMORANDUM 

1. 

CONTEXT OF THE PROPOSAL 

1.1. 

Context 

1. 

2. 

3. 

4. 

5. 

1 

2 

3 

At  airports  where  demand  among  airlines  for  landing  and  takeoff  slots  exceeds  the 
airport's capacity, slot allocation mechanisms are used to define a set of rules to be 
followed  for  the  allocation  of  slots.  The  granting  of  a  slot  at  an  airport  means  the 
airline  may  use  the  entire  range  of  infrastructure  necessary  for  the  operation  of  a 
flight  at  a  given  time  (runway,  taxiway,  stands  and,  for  passenger  flights,  terminal 
infrastructure). Depending on the characteristics of the airport, slot allocation may be 
necessary at specific times of the day or during certain busy periods. The objective is 
to ensure that access to congested airports is organised through a system of fair, non-
discriminatory and transparent rules for the allocation of landing and take-off slots so 
as to ensure optimal utilisation of airport capacity and to allow for fair competition. 

The  European  Community  adopted  Council  Regulation  (EEC)  No  95/93  of 
18 January 1993 on common rules for the allocation of slots at Community airports 
(the Slot Regulation) in 1993 and amended it in several important respects in 2004. 
Because  aviation  is  by  its  nature  a  global  business,  but  also  subject  to  local 
regulations, it is important to note that slot allocation works differently in different 
parts of the world. In Europe, the Slot Regulation draws on the global guidelines of 
the International Air Transport Association (IATA). 

The  main  features  of  the  current  slot  allocation  system  are  the  following:  Member 
States must designate an airport as coordinated if a thorough capacity analysis proves 
that there is a significant shortfall in capacity at this airport1. A second step is for the 
Member  State  to  appoint  an  airport  coordinator.  The  coordinator  is  in  charge  of 
allocating  airport  slots  and  is  obliged  to  act  in  an  independent,  neutral,  non-
discriminatory and transparent manner.  

Slots  are  allocated  for  the  summer  scheduling  season  or  for  the  winter  scheduling 
season. If an air carrier has used a series of slots2 for at least 80 % of the time during 
a  season,  it  will  be  entitled  to  the  same  series  of  slots  in  the  next  corresponding 
season  ('historical  slots',  'grandfather  rights'  or  '80-20  rule').  If  the  threshold  is  not 
reached,  the  slots  go  to  the  slot  pool  for  allocation.  50 %  of  the  pool  slots  are 
allocated first to new entrants3. 

There  are  currently  89  fully  coordinated  airports  in  countries  where  the  Slot 
Regulation  applies  (the  European  Economic  Area  plus  Switzerland).  Of  these 
airports,  62  are  coordinated  year-round,  and  27  are  coordinated  seasonally.  These 

Airports with potential for congestion at certain periods only will be designated as schedules facilitated. 
At these airports the procedure is based on a voluntary cooperation between air carriers. A schedules 
facilitator will be designated and its role is to facilitate the operations of air carriers. 
A  slot  series  is  defined  in  Article  2(k)  of  the  Slot  Regulation:  '[…]  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'.  
A 'new entrant' is defined in Article 2(b) of the Slot Regulation as a carrier with only a limited presence 
at an airport.  

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airports include some where demand substantially exceeds capacity at all times, such 
as  London  Heathrow  and  Paris  Orly,  and  others  where  capacity  is  scarce  during 
certain  peak  periods.  18  Member  States  have  at  least  one  coordinated  airport  and 
should therefore appoint a coordinator. 

1.2. 

Reasons and objectives for the proposal 

6. 

7. 

8. 

9. 

The implementation of the Slot Regulation has significantly improved slot allocation 
at  busy  European  airports  in  terms  of  neutrality  and  transparency,  making  a  major 
contribution  to  the  creation  of  the  internal  market  in  aviation.  The  Slot  Regulation 
was introduced at a time when the European air transport market was still dominated 
by a small number of traditional national carriers. Nowadays, however, there is much 
more competition. Since 1992, the number of intra-EU routes operated has more than 
doubled  and  there  has  been  a  150 %  increase  in  long-haul  flights  departing  from 
European  airports.  In  1992,  just  93  European  routes  were  served  by  more  than 
two airlines.  In  2010  there  were  479  such  routes.  It  is  questionable  whether  such 
progress  could  have  been  achieved  without  a  system  to  ensure  that  slots  at  busy 
airports are allocated free of any undue influence from government, national carriers 
or airports.  

As  highlighted  by  Eurocontrol  and  ACI-Europe4,  one  of  the  key  challenges  facing 
Europe  is  airport  congestion.  According  to  Eurocontrol's  Long  Term  Forecast  in 
December  20105,  even  taking  into  account  currently  planned  infrastructure 
enhancements,  as  much  as  10 %  of  demand  for  air  transport  will  remain  unmet 
in 2030  due  to  a  shortage  of  airport  capacity.  Moreover,  the  impact  assessment 
accompanying this proposal demonstrates that the EU's busiest airports are unlikely 
to  see  any  improvement  in  the  current  situation,  even  taking  into  account  planned 
capacity enhancements6. 

In view of the shortage of capacity at critical airports and the spill-over effect on the 
mobility of European citizens, building new runways and airport infrastructure is the 
obvious  answer.  However,  the  impact  of  infrastructure  on  the  environment  and  on 
land planning is a growing concern. In addition, the current economic crisis reaffirms 
the importance of ensuring the long-term sustainability of budgets. Instead of relying 
on expanding 'hard' infrastructure, more cost-effective solutions have to be found to 
tackle congestion. 

Clearly, slot allocation cannot generate additional capacity. Moreover, slot allocation 
cannot  solve  the  many  problems  created  by  a  lack  of  capacity,  such  as  how  to 
adequately cater for air links to Europe's regions from capacity-constrained airports, 
or  provide  congested  hubs  with  better  connections  to  all  world  regions.  Enhanced 
slot allocation schemes will never satisfy these important needs. However, they can 
be an effective tool for managing scarce capacity. 

10. 

Therefore, it is necessary to review the Slot Regulation to determine to what extent it 
can be improved with a view to matching capacity to demand for air transport in all 

4 
5 

6 

Airport Council International Europe (www.aci-europe.org). 
http://www.eurocontrol.int/statfor/gallery/content/public/forecasts/Doc415-LTF10-Report-Vol1.pdf. 
The figures in the Eurocontrol report refer to IFR (instrument flight rules) flight movements only. 
See Table 1, Forecast Airport Congestion, impact assessment accompanying this proposal, p. 17.  

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11. 

12. 

sectors (long-haul, regional, cargo, etc.). The importance of slot allocation in creating 
an  integrated  and  efficient  market  for  the  Single  European  Transport  Area  was 
recognised  in  the  March  2011  White  Paper  on  transport,  which  is  itself  part  of  the 
flagship  initiative  on  a  resource-efficient  Europe  launched  under  the  Europe  2020 
Strategy.  Accordingly,  the  Commission  has  given  serious  consideration  to  the 
introduction  of  market-based  mechanisms  for  the  use  of  airport  slots,  since 
appropriate incentives and benefits can positively influence the behaviour of players 
in the market (airlines) so that the available scarce capacity is used by those able to 
make best economic use of it. In this way, although there would be no extension of 
the physical capacity, a more rational use of the limited capacity available would be 
achieved. 

Such  a  market  in  airport  slots  (in  the  form  of  secondary  trading)  has  been  in 
operation  at  UK  airports  for  some  time,  as  the  Commission  recognised  in  a  2008 
Communication7.  Indeed,  slots  at  London  Heathrow  have  changed  hands  for  high 
prices:  in  March  2008  it  was  widely  reported  that  Continental  Airlines  had  paid 
$ 209  million  (or  € 143  million  at  the  then  exch ange  rate)  for  four  pairs  of  slots  at 
Heathrow.  

Recent  years  have  seen  greater  attention  paid  to  the  need  to  strengthen  the 
performance  of  the  aviation  system  at  European  level.  The  changes  to  the 
management  of  air  traffic  in  Europe  from  2009  onwards  as  part  of  the  Single 
European Sky initiative reflect the fact that, in certain respects, management is best 
conducted  at  European  or  regional  level.  This  is  seen  in  the  creation  of  functional 
airspace  blocks  and  in  the  strengthening  of  central  functions  such  as  network 
management. Given the nature of the network, which comprises both point to point 
and hub and spoke operations, the impact of problems in one part of the network (for 
example, closure of an important node) cannot be isolated to that part of the network. 
This becomes even more apparent when critical parts of the network are running at 
or  near  capacity,  which  reduces  the  margin  available  for  accommodating  diverted 
flights,  for  example.  Consequently,  improving  the  performance  of  the  European 
system also implies improving its resilience.  

1.3. 

Objectives of the proposal 

13. 

(1) 

(2) 

The  general  objective  is  to  ensure  optimal  allocation  and  use  of  airport  slots  in 
congested airports. The specific objectives are: 

to ensure strengthened and effectively implemented slot allocation and use; and 

to enhance fair competition and competitiveness of operators. 

1.4. 

Provisions in force in the policy sphere of the proposal 

14. 

The  proposal  concerns  the  amendment  of  Council  Regulation  (EEC)  95/93  of 
18 January 1993 on common rules for the allocation of slots at Community airports. 
Slot allocation is not dealt with directly by any other provisions. 

7 

COM(2008) 227. 

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1.5. 

Consistency with the other policies and objectives of the European Union 

15. 

This initiative is one of the actions necessary for the Single European Transport Area 
as  described  in  the  Commission's  White  Paper:  Roadmap  to  a  Single  European 
Transport  Area  —  Towards  a  competitive  and  resource  efficient  transport  system 
[COM(2011) 0144]. It is also part of the airport package of measures identified as a 
strategic  initiative  in  the  2011  Commission  Work  Programme  [COM(2010)623], 
contributing to tapping the potential of the Single Market for growth. 

2. 

RESULTS  OF  CONSULTATIONS  WITH  INTERESTED  PARTIES  AND 
IMPACT ASSESSMENTS 

2.1. 

Consultation of interested parties 

16. 

17. 

18. 

the  Commission 

After  first  consulting  the  interested  parties  in  2007,  and  after  adopting  the 
in 
Communications  of  2007  (COM(2007)704)  and  2008  (COM(2008)227), 
September  2010 
launched  a  comprehensive  online  public 
consultation,  the  objective  of  which  was  to  evaluate  the  current  operation  of  the 
Regulation  and  to  elicit  stakeholders'  comments  on  a  detailed  list  of  policy  options 
which  could  be  addressed  through  the  revision  of  the  Regulation.  A  second 
stakeholders' hearing was organised on 29 November 2010 and was attended by 16 
Member States and representatives of each of the relevant stakeholder groups. 

A  summary  of  the  consultation  is  published  on  the  Commission's  website8.  Air 
carriers are broadly satisfied with the functioning of the current Slot Regulation, so 
most respondents within this group do not support any changes. The fact that the slot 
allocation system in effect regulates access to some of the most popular airports in 
the  world  explains  the  sensitivity  of  the  issue,  in  particular  for  airlines.  Several 
airlines stress that the most important issue is the shortage of airport capacity, which 
changes to the Slot Regulation would not address. 

Airports and airport associations see more need for change, so are more likely to see 
benefits in the options put forward in the consultation. This also applies, to a lesser 
extent, to the slot coordinators. There is more divergence among the Member States 
and 'other' respondents, although these stakeholders generally support amendments to 
the Slot Regulation. 

2.2. 

Collection and use of expertise 

19. 

Continuous monitoring by the Commission of the functioning of the Regulation has 
been accompanied by several external studies, the results of which are available on 
the  Commission  website9.  In  particular,  the  Commission  decided  in  2010  to 
undertake a thorough assessment of the current situation for the period 2006-201010. 

8 

9 

10 

http://ec.europa.eu/transport/air/studies/airports_en.htm.  The  summary  is  included  in  section  8  of  the 
study on possible revisions to the Slot Regulation (Steer Davies Gleave, 2011). 
In particular we would mention: Study to assess the effects of different slot allocation schemes, National 
Economic  Research  Associates  (NERA),  2004,  and  Study  on  the  impact  of  the  introduction  of 
secondary trading at Community airports, Mott MacDonald, 2006. All the studies mentioned here are 
available at http://ec.europa.eu/transport/air/studies/airports_en.htm. 
See the study by Steer Davies Gleave referred to in footnote 8. 

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This  concluded  that  the  efficient  use  of  airport  capacity  in  Europe  is  currently 
hindered by a number of problems. 

2.3. 

Impact assessment 

20. 

21. 

22. 

23. 

24. 

The  impact  assessment  provides  an  overview  of  the  different  options  which  have 
been considered. In summary the content of the three packages is as follows. 

The  first  policy  package  included  measures  to  improve  the  effectiveness  of  slot 
allocation  and  the  use  of  slots,  without  changing  the  administrative  nature  of  the 
current system. There would be a number of improvements to the current system, but 
market-based mechanisms would not be introduced. Due to the limited scope of this 
package,  the  estimated  benefits  are  rather  modest:  an  average  annual  increase  of 
0.4 % in the number of passengers carried. 

The second package incorporated the elements of the first package but added several 
more,  including  market-based  mechanisms  (in  the  form  of  explicit  provision  for 
secondary trading across the EU). It also included several pro-competitive proposals, 
such as revision of the new entrant rule and making the criteria for granting priority 
for allocation of a slot for the following season (so-called grandfather rights) slightly 
stricter.  For  the  2012-25  period,  the  package  was  estimated  to  result  in  an  average 
annual increase of 1.6 % (or 23.8 million) in the number of passengers carried, a net 
economic benefit of € 5.3 billion, as well as a significant increase in employment (up 
to 62 000 full-time jobs).  

This policy package will have negative environmental impacts as CO2 emissions will 
increase  due  to  the  greater  number  of  flights.  However,  due  to  the  inclusion  of 
aviation  CO2  emissions  in  the  general  EU  emissions  trading  system  (ETS)  from 
2012,  there  should  be  no  growth  in  total  CO2  emissions  attributable  to  this  policy 
package. Moreover, since the existing capacity would be used more intensively, the 
environmental impact of capacity expansion would be avoided. 

The  third  package  comprised  all  elements  of  the  second  package,  but  took  the 
market-based  mechanism  a  step  further  by  withdrawing  'grandfather'  or  'historical' 
slots and having them auctioned. This policy package would lead to an increase of 
1.9-2% passengers that travel by air, corresponding to 27.3-28.7 million passengers 
per  year.  However,  as  this  measure  has  never  before  been  implemented,  the 
potentially positive impact has to be balanced against the risk that the option could 
dramatically  affect  airlines  by  increasing  substantially  their  operating  costs,  as  a 
result  of  disruption  to  their  schedules  and  hub  and  spoke  business  model  founded 
upon  a  wide  portfolio  of  slots  at  congested  airports.  Consequently,  this  package 
would lead to less significant economic benefits of between € 2.8 and 5 billion. 

25. 

In  view  of  the  assessment  of  the  different  policy  packages  on  the  basis  of  the 
efficiency, effectiveness and consistency criteria, it is recommended that the second 
package be implemented as its benefits would be considerably higher than the costs 
incurred. 

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3. 

LEGAL ELEMENTS OF THE PROPOSAL 

3.1. 

Summary of the proposed action 

3.1.1. 

Introduction  of  the  possibility  for  secondary  trade  in  slots  and  increased 
competition 

26. 

27. 

In order to encourage greater slot mobility, the proposal expressly allows airlines to 
buy and sell slots. Improving slot mobility will help allow airlines to adapt their slots 
portfolios  according  to  their  scheduling  needs.  The  Slot  Regulation  already  allows 
airlines to exchange slots with other airlines. In many cases, this involves exchanging 
a slot at a valuable time of day for a 'junk slot', i.e. a slot late in the evening or in the 
early afternoon, which is not particularly useful. Following the trade, the 'junk slot', 
which  was  only  acquired  for  trading  purposes,  is  returned  to  the  pool.  Under  the 
current Regulation, a transfer of slots is permitted only in a very limited number of 
cases. 

The existing new entrant rule, which accords priority to airlines with only a few slots 
at a coordinated airport, has not yielded the desired results. Typically, the emergence 
of  a  strong  competitor  at  a  given  airport  requires  it  to  build  up  a  sustainable  slot 
portfolio  to  allow  it  to  compete  effectively  with  the  dominant  carrier  (usually  the 
'home' carrier). Under the current rules, airlines quickly fall outside the definition of 
'new entrant' at an airport, even when their slot holdings are rather limited. Therefore 
it is proposed to broaden the definition of 'new entrant', to help facilitate the growth 
of  sustainable  competitors  and  reduce  the  schedule  fragmentation  that  occurs  when 
slots are allocated to a larger number of airlines unable to translate these slots into a 
viable alternative to dominant carriers. 

3.1.2.  Strengthening 

the 
independence of slot coordinators 

transparency  of 

the  slot  allocation  process  and 

the 

28. 

29. 

The  proposal  contains  a  number  of  provisions  to  ensure  that  the  slot  allocation 
process  is  supported  by  a  sufficient  degree  of  transparency.  This  is  important  not 
only for airlines using slots, but also for public authorities responsible for regulatory 
functions. This becomes even more important in a system where slots can be traded 
among airlines.  

The proposal will allow stricter criteria for the independence of the coordinators with 
regard to any interested party to be defined. It also advocates enhanced cooperation 
between  the  coordinators,  initially  through  the  development  of  common  projects 
covering, for instance, the development of common slot allocation software or even 
merging the coordination activities for airports situated in different Member States. 
On the basis of progress made, the Commission could eventually propose, at a later 
stage,  the  creation  of  a  European  coordinator  responsible  for  slot  allocation  at  all 
European Union airports.  

3.1.3. 

Integration  of  slot  allocation  with  the  reform  of  the  European  air  traffic 
management system (Single European Sky) 

30. 

The  proposal  aims  to  make  an  important  contribution  to  strengthening  the 
management of the aviation network at European level by associating the European 
Network  Manager  with  the  slot  allocation  process.  Thus,  the  Commission  may 

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request  a  capacity  analysis  at  an  airport,  should  the  network  manager  deem  this 
necessary for ensuring coherence with the airport operational plan (already provided 
for in the regulation setting up the network manager). Such capacity analyses would 
be carried out in accordance with standards agreed at European level. Moreover, the 
Commission  could  make  recommendations  to  the  Member  State  on  the  capacity 
assessment if the network manager suggests that it does not fully take into account 
the needs of the European network. The objective of these recommendations would 
be to allow the Member State to take into account the European network perspective 
and increase awareness of the impact of airport capacity assessment upon the whole 
network, for instance in terms of delays. 

31. 

The  proposal  also  introduces  a  new  category  of  airport:  the  'airport  belonging  to  a 
network'. Such airports are not coordinated, but are identified as important since they 
may  offer  alternatives  during  times  of  network  disruption.  Thus,  the  proposal 
provides that coordinators gather information on the operations at these airports.  

3.1.4.  Amendment of the '80-20' rule and definition of a series of slots and resort to the 

airport charge system to discourage the late return of slots to the pool 

32. 

33. 

34. 

To  help  ensure  that  existing  capacity  is  used  optimally,  the  proposal  makes  some 
changes to the criteria for the use of airport slots in order for 'grandfather rights' to be 
granted. In order for airlines to be granted priority for the allocation of a given slot in 
the next corresponding scheduling season, they need to have used at least 85 % of the 
allocated series of slots (instead of 80 % at present).  

In  addition,  the  minimum  series  length  (i.e.  the  minimum  number  of  weekly  slots 
required for priority allocation for the following corresponding season) is raised from 
5  to  15  for  the  summer  season  and  10  for  the  winter  season.  Increasing  the  series 
length  would  reduce  fragmentation  of  the  slot  structure  at  an  airport,  since  short 
series attracting grandfather rights can prevent longer series being operated by other 
airlines.  Exceptions  are  provided  for  certain  types  of  traffic  (charter)  to  take  the 
characteristics of regional airports into account. 

To  ensure  that  slots  reserved  prior  to  the  start  of  an  operating  season  are  in  fact 
operated  as  planned  by  airlines,  the  proposal  would  authorise  airports  to  use  an 
airport  charge  system  to  dissuade  air  carriers  from  belatedly  returning  slots  to  the 
pool. Reserving airport capacity and not using it generates a cost which is currently 
borne by the airlines operating from the airport. The proposal encourages the airport 
managing  body  to  introduce  a  charge  system  to  discourage  behaviour  that  leads  to 
less efficient use of airport capacity.  

3.2. 

Provisions that remain unchanged 

35. 

The  following  provisions  are  taken  over  without  substantial  modification  from  the 
current Regulation: Article 2(a), (b)(i), (e), (g), (k), (l), (o) and (p); Article 3(1), (2), 
(4) and (6); Article 4(1) second indent, and (5); Article 5(3)(a) and (d), and (4), (5) 
and  (6);  Article 6(3)(a),  (b)  and  (c);  Article  8(1)(a)(i),  (ii),  (iii)  and  (v),  and  (c); 
Article 9(3), (6), (7) and (9); Article 10(1), (5)(a)(i) and (iii), and (c) and (d), and (6); 
Article 12; Article 13(2), second indent, (b) and (c), and (3), first and second indents; 
Article 16(1) and (5); Article 19; Article 21(2); and Article 21(2). 

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3.3. 

Legal basis 

Article 91 of the TFEU. 

3.4. 

Subsidiarity principle 

36. 

37. 

38. 

The  subsidiarity  principle  applies  insofar  as  the  proposal  does  not  fall  under  the 
exclusive  competence  of  the  Union.  The  objectives  of  the  proposal  cannot  be 
sufficiently  achieved  by  the  Member  States  for  the  following  reasons.  The 
harmonisation  of  conditions  for  access  to  congested  airports  in  the  EU  remains 
necessary  to  prevent  barriers  due  to  conflicting  national  practices.  Therefore 
problems related to access to congested airports require a solution at European level. 

The objective of ensuring the functioning of the internal aviation market by reducing 
obstacles  to  intra-EU  trade  arising  from  different  national  standards  or  practices 
could not be sufficiently achieved by Member States. Consequently, in line with the 
principle  of  subsidiarity  and  given  the  scale  and  effects  of  the  problem,  action  is 
required at EU level. 

European  rules  on  slot  allocation  are  an  essential  accompaniment  to  the  European 
legislation underpinning the internal market in aviation, since a fair, transparent and 
non-discriminatory system for allocating capacity at those airports for which demand 
exceeds supply is essential to give substance to the freedom for European air carriers 
to provide intra-EU air services, as set out in the relevant European legislation. 

39. 

Therefore, the proposal complies with the subsidiarity principle. 

3.5. 

Proportionality principle 

40. 

The  additional  burden  for  economic  operators,  slot  coordinators  and  national 
authorities  is  limited  to  that  necessary  to  ensure  non-discriminatory  slot  allocation 
and optimal allocation of scarce capacity at the most congested airports in Europe. 

3.6. 

Choice of instruments 

41. 

42. 

4. 

43. 

Proposed instrument: Regulation. 

The legal instrument would have to be of general application. It contains a number of 
obligations  that  are  directly  applicable  to  airport  coordinators,  air  carriers  and  to 
entities responsible for airport and airspace management in Europe together with the 
Commission. Therefore, the most appropriate legal instrument is a Regulation, since 
alternative options would not be sufficient to achieve the proposed objectives. 

BUDGETARY IMPLICATIONS 

The proposal has no implications for the EU budget. 

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5. 

OPTIONAL ELEMENTS 

5.1. 

Simplification 

44. 

The  proposal  provides  for  simplification  of  legislation,  since  it  recasts  the  Slot 
the 
Regulation 
amendments contained in the current proposal. 

incorporate  existing  amendments 

the  Regulation  and 

to 

to 

5.2. 

Repeal of existing legislation 

45. 

Adoption of the proposal will lead to the repeal of the existing Slot Regulation. 

5.3. 

European Economic Area 

46. 

The  proposed  act  concerns  an  EEA  matter  and  should  therefore  extend  to  the 
Area.
European 

Economic 

EN 

10 

   EN 

 
2011/0391 (COD) 

(cid:208) 95/93 (adapted) 

Proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

on common rules for the allocation of slots at Community 
⌦<LWCR:QUOTE:Ö> European Union ⌫<LWCR:QUOTE:Õ> airports 

(Recast) 

(Text with EEA relevance) 

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  establishing  the  European  Economic  Community  ⌦ on  the 
Functioning of the European Union ⌫, and in particular Article ⌦ 100(2) ⌫, thereof, 

Having regard to the proposal from the European Commission, 

After transmission of the draft legislative act to the national Parliaments, 

Having regard to the opinion of the European Economic and Social Committee11, 

Having regard to the opinion of the Committee of the Regions12, 

Acting in accordance with the ordinary legislative procedure, 

Whereas: 

(1) 

Council  Regulation  (EEC)  No  95/93  of  18  January  1993  on  common  rules  for  the 
allocation  of  slots  at  Community  airports13  has  been  substantially  amended  several 
times14. Since further amendments are to be made, it should be recast in the interests 
of clarity. 

(cid:216) new 

11 
12 
13 
14 

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

EN 

11 

   EN 

 
 
 
                                                 
(2) 

Regulation  (EEC)  No 95/93  made  a  decisive  contribution  to  the  achievement  of  the 
internal market in aviation and to the development of relations between the European 
Union,  its  Member  States  and  third  countries,  by  ensuring  access  to  the  Union's 
congested airports on the basis of neutral, transparent and non-discriminatory rules. 

(3)  ⌦ However, ⌫  Tthere  is  a  growing  imbalance  between  the  expansion  of  the  air 
transport system in Europe and the availability of ⌦ certain airport infrastructures ⌫ 
airport infrastructure to meet that demand. There is, as a result, an increasing number 
of congested airports in the Community ⌦ the Union ⌫. 

(cid:208) 95/93 recital 1 (adapted) 

(cid:216) new 

(4) 

The slot allocation system established in 1993 does not ensure the optimum allocation 
and  use  of  slots  and  thus  of  airport  capacity.  In  the  context  of  growing  airport 
congestion and the limited development of major new airport infrastructure, the slots 
are a rare resource. Access to such resources is of crucial importance for the provision 
of air transport services and for the maintenance of effective competition. To this end, 
the  allocation  and  use  of  slots  could  be  made  more  effective  by  introducing  market 
mechanisms,  by  ensuring  that  the  unused  slots  are  made  available  to  interested 
operators  as  soon  as  possible  and  in  a  transparent  manner,  and  by  reinforcing  the 
underlying principles of the system with regard to the allocation, management and use 
of the slots. At the same time, although the historical slots meet the need for stability 
in  schedules  for  the  airlines,  during  the  future  assessment  of  the  application  of  this 
Regulation,  a  gradual  introduction  of  other  market  mechanisms  could  be  envisaged, 
such as withdrawing and auctioning historical slots.  

(5) 

It is therefore necessary to amend the slot allocation system at the Union's airports. 

(6) 

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

(cid:208) 95/93 recital 2 (adapted) 

(cid:216) new 

(7) 

The current slot allocation system should be adapted to the development of the market 
mechanisms  used  in  certain  airports  for  transferring  or  exchanging  slots.  In  its 
Communication to the European Parliament, the Council, the European Economic and 
Social Committee and the Committee of the Regions on the application of Regulation 
No 95/93  on  common  rules  for  the  allocation  of  slots  at  Community  airports15,  the 

15 

COM(2008)227. 

EN 

12 

   EN 

 
 
 
 
 
                                                 
Commission  undertook  to  make  an  appropriate  proposal  if  it  became  apparent  that 
revision of the existing legislation was required for competition or other reasons.  

(8) 

Experience has shown that secondary trading, that is the exchange of slots for financial 
or  other  compensation,  does  not  benefit  from  a  uniform  and  consistent  legislative 
framework,  including  guarantees  of  transparency  and  competitive  safeguards.  It  is 
therefore necessary to regulate secondary trading in slots in the European Union.  

(9) 

Transparency  of  information  is  an  essential  element  for  ensuring  an  objective 
procedure for slot allocation. (cid:214) It is necessary to enhance this transparency and take 
account of technological progress.  

(cid:208) 95/93 recital 6 
(cid:214) new 

(cid:208) 95/93 recital 10 (adapted) 
(cid:214) new 

(10)  Provisions to allow new entrants into the Community ⌦ Union ⌫ market ⌦ should 
be  laid  down ⌫.  (cid:214)Experience  shows  that  the  current  definition  of  new  entrant  has 
not succeeded in promoting competition to the full and that it should therefore be duly 
amended. Furthermore, it is necessary to combat abuses by limiting the possibility for 
an operator to attain the status of a new entrant if, together with its parent company, its 
own subsidiaries or subsidiaries of its parent company, it holds more than 10 % of the 
total number of slots allocated on the day in question in a given airport. Likewise, an 
air carrier should not be considered as a new entrant if it has transferred slots obtained 
as a new entrant in order to invoke this status again.  

(cid:216) new 

(11)  The priority given to an air carrier requesting a series of slots in an airport for a non-
stop scheduled passenger service between that airport and a regional airport should be 
abolished, since this situation is already covered by the priority given to an air carrier 
requesting the allocation of a series of slots for a regular non-stop scheduled passenger 
service between two Union airports.  

(12) 

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

(cid:208) 95/93 recital 12 (adapted) 

EN 

13 

   EN 

 
 
 
 
 
(cid:216) new 

(13)  The progress made in implementing the Single European Sky has a major impact on 
the  slot  allocation  process.  The  imposition  of  performance  plans,  which  make  the 
airports, the air navigation service providers and airspace users subject to performance 
improvement and monitoring measures, and the network management function, based 
on  the  establishment  of  a  European  network  of  routes  and  a  central  air  traffic 
management,  means  it  is  necessary  to  update  the  slot  allocation  rules.  It  is  therefore 
necessary  to  create  an  adequate  framework  allowing  the  network  manager,  the 
performance rewiew body and the national supervisory authorities to participate in the 
procedure of setting the airport capacity and coordination parameters. A new category 
of  airports  of  importance  to  this  network  should  also  be  created  with  a  view  to 
allowing the network to react better in crisis situations.  

(14)  The  flight  plans  and  the  slots  should  be  better  matched  to  better  exploit  airport 

capacity and improve flight punctuality. 

(cid:208) 95/93 recital 5 (adapted) 
(cid:214) new 

(15)  The  Member  State  responsible  for  the  ⌦ schedules  facilitated or  ⌫  coordinated 
airport  should  ensure  the  appointment  of  a  ⌦ schedules  facilitator  or  a ⌫ 
coordinator whose neutrality should be unquestioned. (cid:214)To this end, the coordinators' 
role  should  be  enhanced. Provision  should  be  made  for  the  legal,  organisational, 
decision-making  and  financial  independence  of  the  coordinators  with  regard  to 
stakeholders,  the  Member  State  and  bodies  subordinate  to  that  State.  To  prevent  the 
coordinator's activity suffering from a lack of financial, technical or human resources 
or expertise, Member States should ensure that the coordinators have all the resources 
needed for their work.  

(cid:216) new 

(16)  Additional  obligations  should  be  introduced  for  air  carriers  with  regard  to  sending 
information to the coordinators. Provision should be made for additional penalties for 
omitting  information  or  sending  false  or  misleading  information.  For  airports 
belonging to the network, the air carriers should have the obligation to communicate 
their  flight  intentions  or  other  relevant  information  requested  by  the  coordinator  or 
schedules facilitator.  

(17)  The  Union  should  facilitate  cooperation  between  the  coordinators  and  schedules 
facilitators to allow them to exchange best practices with a view to the establishment 
of a European coordinator in due course.  

EN 

14 

   EN 

 
 
 
 
(18)  Under certain conditions, in order to facilitate operations, a Member State should be 
able to designate Aan airport ⌦ may be designated ⌫ as coordinated provided that 
principles  of  transparency,  neutrality  and  non-discrimination  are  followed  ⌦ and 
subject to the conditions laid down in this Regulation ⌫.  

(cid:208)95/93 recital 4 (adapted) 

(cid:208)95/93 recital 3 (adapted) 
(cid:214) new 

(19)  The requirement of neutrality is best guaranteed when tThe decision to coordinate an 
airport is ⌦ should be ⌫ taken by the Member State responsible for that airport on 
the basis of objective criteria. (cid:214) Given the progress made in implementing the Single 
European Sky and the network manager function, it is useful to reconcile the methods 
for evaluating airport capacity to ensure better functioning of the European air traffic 
management network. 

(20)  Provision must be made for a procedure by which a Member State decides to modify 
the designation of a coordinated airport or a schedules facilitated airport to make it a 
schedules facilitated airport or an airport with no designation status, respectively. 

(cid:216) new 

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  

(21)  The period of validity for a series of slots should be limited to the schedule planning 
period for which the series is granted. The priority for allocating a series of slots, even 
historical slots, should come from the allocation or confirmation by the coordinator. 

(cid:216) new 

It is Community policy to facilitate competition and to encourage entrance into the market, as 
provided  for  in  Council  Regulation  (EC)  No  2408/92  of  23  July  1992  on  access  for 

(cid:208) 95/93 recital 8  

EN 

15 

   EN 

 
 
 
 
 
 
 
Community air carriers to intra-Community air routes16, and whereas these objectives require 
strong support for carriers who intend to start operations on intra-Community routes.  

The existing system makes provision for grandfather rights. 

(cid:208) 95/93 recital 9 

(cid:208) 95/93 recital 11 (adapted) 
(cid:214) new 

(22) 

It is necessary to make ⌦ retain ⌫ special provisions, under limited circumstances, 
for the maintenance of adequate domestic air services to regions of the Member State 
⌦ or  Member  States ⌫  concerned  (cid:214) when  a  public  service  obligation  has  been 
imposed . 

(cid:216) new 

(23)  Since  the  environmental  aspects  may  be  taken  into  account  in  the  coordination 
parameters  and  regional  connectivity  can  also  be  fully  ensured  in  the  context  of  the 
public  service  obligations,  experience  has  not  demonstrated  the  usefulness  of  local 
rules. Furthermore, it cannot be excluded that such rules do not lead to discrimination 
in  allocating  slots.  Consequently,  the  option  of  resorting  to  local  rules  should  be 
restricted.  All  the  technical,  operational,  performance  and  environmental  constraints 
that should be applied by the coordinators or the facilitators should be defined in the 
coordination parameters. Recourse to local rules would also be reduced to monitoring 
the use of slots and the possibility of reducing the length of the series of slots in the 
cases provided for by this Regulation. With a view to promoting better use of airport 
capacity,  two  basic  principles  in  slot  allocation  should  be  reinforced,  namely  the 
definition of a series of slots and the calculation of historical slots. At the same time, 
the flexibility given to air carriers should be better regulated with a view to preventing 
distortions in the application of this Regulation in the Member States. Therefore, better 
use of airport capacity should be encouraged. 

(24)  To  allow  air  carriers  to  adapt  to  imperative  situations  of  urgency,  such  as  a  marked 
decline in traffic or an economic crisis that severely affects the activity of air carriers, 
affecting a lager part of the scheduling period, the Commission should be allowed to 
adopt  urgent  measures  to  ensure  the  consistency  of  measures  to  be  taken  at 
coordinated  airports.  These  measures  will  allow  air  carriers  to  retain  priority  for  the 
allocation of the same series for the following scheduling period even if the 85% rate 
has not been met. 

(25)  The  role  of  the  coordination  committee  should  be  strengthened  in  two  ways.  On  the 
one  hand,  the  network  manager,  the  performance  review  body  and  the  national 
supervisory  authority  should  be  invited  to  follow  the  committee's  meetings.  On  the 

16 

OJ L 240, 24.8.1992, p. 8. 

EN 

16 

   EN 

 
 
 
 
                                                 
other  hand,  the  coordination  committee's  tasks  could  include  making  suggestions  or 
giving  advice  to  the  coordinator  and/or  Member  State  on  any  issue  concerning  the 
airport capacity, in particular in relation to the implementation of the Single European 
Sky  and  the  working  of  the  European  Air  Traffic  Management  Network.  The 
committee  should  also  be  able  to  provide  the  performance  review  body  and  the 
national  supervisory  authority  with  opinions  concerning  the  link  between  the 
coordination  parameters  and  the  key  performance  indicators  proposed  to  the  air 
navigation service providers. 

(26)  Experience shows that a significant number of slots are returned to the pool too late to 
be reallocated effectively. The airport managing body should be encouraged to use the 
airport charges system to discourage this type of behaviour. Despite having recourse to 
this  mechanism,  the  airport  managing  body  should  not,  however,  discourage  air 
carriers from entering the market or developing services. 

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 

(27) 

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

(cid:208) 95/93 recital 14 (adapted) 

(28)  The  application  of  the  provisions  of  this  Regulation  ⌦ should ⌫  be  without 
prejudice to the competition rules of the Treaty, in particular Articles ⌦ 101 ⌫, and 
⌦ 102 ⌫ (cid:214) and 106 . 

(cid:208) 95/93 recital 15 (adapted) 
(cid:214) new 

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

(29)  Arrangements for greater cooperation over the use of Gibraltar airport were agreed in 
London on 2 December 1987 by the Kingdom of Spain and the United Kingdom in a 
joint  declaration  by  the  Ministers  of  Foreign  Affairs  of  the  two  countries,  and  such 
arrangements  have  yet  to  come  into  operation.  ⌦ The  Ministerial  Statement  on 
Gibraltar  Airport,  agreed  in  Cordoba  on  18  September  2006,  during  the  first 
Ministerial  meeting  of  the  Forum  of  Dialogue  on  Gibraltar,  will  replace  the  Joint 
Declaration on the Airport made in London on 2 December 1987, and full compliance 
with it will be deemed to constitute compliance with the 1987 Declaration. ⌫ 

EN 

17 

   EN 

 
 
 
 
 
(cid:216) new 

(30)  The  power  to  adopt  delegated  acts  should  be  delegated  to  the  Commission,  in 
accordance with Article 290 of the Treaty on the Functioning of the European Union, 
in order to lay down the methods for developing a study on capacity and demand. It is 
of  particular  importance  that  the  Commission  carry  out  appropriate  consultations 
during its preparatory work, including at expert level. 

(31)  The  Commission,  when  preparing  and  drawing  up  delegated  acts,  should  ensure  a 
simultaneous,  timely  and  appropriate  transmission  of  relevant  documents  to  the 
European Parliament and Council. 

(32) 

In  order  to  ensure  uniform  conditions  for  the  implementation  of  this  Regulation, 
implementing powers should be conferred on the Commission. Those powers should 
be  exercised 
the 
European Parliament  and  of  the  Council  of  16 February 2011  laying  down  the  rules 
and general principles concerning mechanisms for control, by Member States, of the 
Commission's exercise of implementing powers17. 

in  accordance  with  Regulation 

(EU)  No 182/2011  of 

(33)  The  examination  procedure  should  be  used  for  the  adoption  of  implementing 
instruments  concerning  the  creation  of  a  European  coordinator,  the  template  for  the 
coordinator and schedules facilitator's annual activity report and the decision that one 
or  more  Member  States  should  take  measures  with  a  view  to  remedying  a  third 
country's discriminatory behaviour with regard to the Union's air carriers.  

(34)  The  Commission  should  adopt  implementing  acts  that  apply  immediately,  in 
accordance with the examination procedure, in duly justified cases linked to the need 
to ensure the continuation of historical slots, when required on imperative grounds of 
urgency.  

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

functioning, 

(cid:208) 95/93 recital 17  

(cid:216) new 

(36)  Since  the  objective  of  the  action  -  namely  more  homogeneous  application  of  Union 
legislation on slots - cannot be sufficiently achieved by the Member States because of 
the  international  character  of  air  transport,  and  can  therefore  be  better  achieved  at 
Union  level,  the  Union  may  adopt  measures,  in  accordance  with  the  principle  of 
subsidiarity  as  set  out  in  Article 5  of  the  Treaty  on  European  Union.  In  accordance 
with the principle of proportionality, as set out in that Article, this Regulation does not 
go beyond what is necessary in order to achieve those objectives, 

17 

OJ L 55, 28.2.2011, p.13.  

EN 

18 

   EN 

 
 
 
 
                                                 
HAVE ADOPTED THIS REGULATION: 

⌦ Scope and definitions ⌫ 

(cid:208) 95/93 (adapted) 

Article 1 

Scope 

1. This Regulation shall apply to Community ⌦ European Union ⌫airports. 

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

(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 the Kingdom of Spain and the United Kingdom 
⌦ of Great Britain and Northern Ireland ⌫ 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 purpose of this Regulation: 

(a1) 

'slot'  shall  mean  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. 1.2(a)  

(b2) 

'new entrant' shall mean: 

EN 

19 

   EN 

 
 
 
 
 
(ia)  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 

(cid:208) 793/2004 Art. 1.2(a) (adapted) 
(cid:214) new 

(iib)  an  air  carrier  requesting  a  series  of  slots  for  a  non-stop  scheduled  passenger 
service  between  two  Community  ⌦ European  Union ⌫  airports,  where  at 
most  two  other  air  carriers  operate  the  same  non-stop  scheduled  service 
between  those  airports  or  airport  systems  on  that  day,  and  where,  if  the  air 
carrier's  request  were  accepted,  the  air  carrier  would  nonetheless  hold  fewer 
than (cid:214) nine  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  (cid:214) ,  which  together  with  its  parent  company,  its  own 
subsidiaries  or  the  subsidiaries  of  its  parent  company,  holds  more  than  5 
(cid:214) 10  %  of  the  total  slots  (cid:214) allocated   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:216) new 

An air carrier which transferred, within the meaning of Article 13, slots obtained as a 
new  entrant  to  another  air  carrier  in  the  same  airport  in  order  to  be  able  to  invoke 
again  the  status  of  a  new  entrant  at  that  airport,  shall  not  be  considered  as  a  new 
entrant at that airport; 

(cid:208) 95/93 
(cid:214) new 

(c) 

(d3) 

'direct air service' shall mean a service between two airports including stopovers with 
the same aircraft and same flight number; 

'scheduling  period'  shall  mean  either  the  summer  or  winter  season  as  used  in  the 
schedules of air carriers(cid:214) , in accordance with the rules and guidelines established 
by the air transport section on a global basis ; 

EN 

20 

   EN 

 
 
 
 
 
 
(e4) 

'Community⌦ Union ⌫  air  carrier'  shall  mean  an  air  carrier  with  a  ⌦ currently 
valid ⌫ operating licence issued by a Member State in accordance with Regulation 
(EC) No 1008/2008 of the European Parliament and of the Council;  

(cid:208) 95/93 (adapted) 

(cid:208) 793/2004 Art. 1.2(b) (adapted) 
(cid:214) new 

(f5) 

(i)'air carrier' shall mean an air transport undertaking holding a ⌦ currently 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 
45,  89,  8a10  (cid:214) ,  11   and  1013,  the  definition  of  'air  carrier'  shall  also  include 
business  aviation  operators,  when  they  operate  according  to  a  schedule;  for  the 
purposes of Articles 7, 17 and 1418; the definition of 'air carrier' shall also include all 
civil aircraft operators; 

(ii6) 

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

(cid:208) 793/2004 Art. 1.2( b) 

(cid:216) new 

7) 

8) 

9) 

'air navigation service provider' shall mean any air navigation service provider within 
the meaning of Article 2(5) of Regulation (EC) No 549/200418; 

'groundhandling  service  provider'  shall  mean  any  provider  of  groundhandling 
services  within 
(on 
groundhandling  services);  or  any  airport  user  within  the  meaning  of  Article […]  of 
Regulation  No […]  (on  groundhandling  services)  which  self-handles  within  the 
meaning of Article […] of Regulation No […] (on groundhandling services); 

the  meaning  of  Article […]  of  Regulation  No […] 

'airport belonging to the network' shall mean an airport which is not confronted with 
congestion problems but which, in the event of a sudden and significant increase in 
traffic or in the event of a sudden and significant reduction of its capacity, could have 
an  impact  on  the  functioning  of  the  European  air-traffic  management  network 
(hereinafter  'the  network'),  in  accordance  with  Article 6  of  Regulation  (EC) 
No 551/2004 of the European Parliament and of the Council19;  

18 
19 

OJ L 96, 31.3.2004, p. 1. 
OJ L 96, 31.3.2004, p. 20. 

EN 

21 

   EN 

 
 
 
 
 
                                                 
(cid:208) 793/2004 Art. 1.2(c) 

(i10) 

'schedules  facilitated  airport'  shall  mean  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; 

(g11) 

'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; 

(cid:208) 793/2004 Art. 1.2(b) 

(h) 

'airport  system'  shall  mean  two  or  more  airports  grouped  together  and  serving  the 
same city or conurbation, as indicated in Annex II to Regulation (EEC) No 2408/92; 

(cid:208) 95/93 

(cid:208) 793/2004 Art. 1.2(c) (adapted) 
(cid:214) new 

(j12) 

(k13) 

'managing body of an airport' shall mean 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'  shall  mean  at  least  (cid:214) 15   five  slots  having  been  requested  for  a 
(cid:214) summer  scheduling  period  and  10  slots  for  a  winter  scheduling  period  
⌦ requested ⌫  for  the  same  time  on  the  same  day  of  the  week  regularly  in  the 
same  scheduling  period  (cid:214) for  consecutive  weeks   and  allocated  ⌦ by  the 
coordinator ⌫  in  ⌦ on ⌫  that  ⌦ basis ⌫  way  or,  if  that  is  not  possible, 
allocated at approximately the same time; 

(cid:208) 793/2004 Art. 1.2(c) 

(l14) 

'business  aviation'  shall  mean  that  sector  of  general  aviation  which  concerns  the 
operation or use of aircraft by companies for the carriage of passengers or goods as 
an  aid  to  the  conduct  of  their  business,  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; 

EN 

22 

   EN 

 
 
 
 
 
 
(cid:208) 793/2004 Art. 1.2(c) (adapted) 
(cid:214) new 

(m15) 

'coordination parameters' shall mean the expression, in operational terms, of all the 
capacity  available  for  slot  allocation  at  an  airport  during  each  coordination 
⌦ scheduling ⌫  period  (cid:214) and  the  operational  rules  on  capacity  use ,  reflecting 
all technical, operational and environmental factors that affect the performance of the 
airport infrastructure and its different sub-systems. 

(cid:216) new 

16) 

17) 

18) 

19) 

20) 

21) 

'flight  plan'  shall  mean  specific  information  provided  to  air  traffic  services  units, 
relative to an intended flight or portion of a flight of an aircraft; 

'scheduled air services' shall mean a series of flights with the characteristics defined 
in Article 2(16) of Regulation (EC) No 1008/2008;  

'programmed non-scheduled air service' shall mean a series of flights which do not 
meet all the conditions of Article 2(16) of Regulation (EC) No 1008/2008, but which 
operate  so  regularly  or  frequently  that  they  constitute  a  recognisably  systematic 
series; 

'network  manager'  shall  mean  the  body  established  under  Article 6  of  Regulation 
(EC) No 551/2004; 

'performance  review  body'  shall  mean  the  body  established  under  Article 11  of 
Regulation (EC) No 549/2004; 

'national  supervisory  authority'  shall  mean  the  body  or  bodies  nominated  or 
established  by  Member  States  as  their  national  authority  pursuant  to  Article  4  of 
Regulation (EC) No 549/2004.  

(cid:208) 95/93 (adapted) 
(cid:214) new 

⌦ Designation of airports ⌫ 

Article 3 

Conditions for airport coordination (cid:214) or schedules facilitation   

EN 

23 

   EN 

 
 
 
 
(cid:208) 793/2004 Art.1.3(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. 

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

(cid:208) 95/93 
(cid:206)1 793/2004 Art. 1.3(b) 

(cid:208) 793/2004 Art. 1.3(c) 
(cid:214) new 

thorough  capacity  (cid:214) and 
3.  The  Member  State  responsible  shall  ensure 
demand analysis  is  carried  out  at  an  airport  with  no  designation  status  (cid:214), at  an  airport 
belonging to the European air traffic management network (hereinafter 'the network') 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: 

that  a 

(i) 

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 

(cid:208) 793/2004 Art. 1.3(c) 
(cid:214) new 

(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 (cid:214) , or when the network manager considers 
it  necessary  to  ensure  that  the  airport's  operational  plan  is  consistent  with  the 
network's  operational  plan,  in  accordance  with  Article 6(7)  of  Commission 
Regulation (EU) No 677/201120 . 

20 

OJ L 185, 15.7.2011, p. 1. 

EN 

24 

   EN 

 
 
 
 
 
                                                 
(cid:208) 793/2004 Art. 1.3(c) 

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.  

The analysis is based on methods determined by a Commission delegated act, in accordance 
with  Article 15  of  this  Regulation.  The  methods  take  account  of  the  requirements  of  the 
network operational plan, as required by Annex V to Regulation (EU) No 677/2011. 

(cid:216) new 

(cid:208) 793/2004 Art. 1.3(c) (adapted) 
(cid:214) new 

It The analysis shall be updated if paragraph 56 has been invoked, or when there are changes 
at the airport influencing significantly its capacity and capacity usage (cid:214) or at the request of 
the coordination committee, the Member State or the Commission . 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. 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. 

(cid:208) 793/2004 Art. 1.3(d) 

5. The Commission can ask the network manager to deliver an opinion on how the capacity is 
set in relation to the network operating needs. The Commission can make recommendations. 
The  Member  State  shall  give  reasons  for  any  decision  that  does  not  follow  these 
recommendations. The decision shall be communicated to the Commission. 

(cid:216) new 

EN 

25 

   EN 

 
 
 
 
 
 
(cid:208) 793/2004 Art. 1.3(d) 
(cid:214) new 

56. 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. 

67.  By  way  of  derogation  from  paragraph  56(b),  Member  States  may,  in  exceptional 
circumstances,  designate  as  coordinated  the  airports  affected  for  the  appropriate  period(cid:214) , 
which can be less than a scheduling period  . 

(cid:216) new 

By  way  of  derogation  from  paragraphs  3,  4,  5  and  6,  Member  States  may,  in  emergency 
situations, designate as coordinated the airports affected for the appropriate period. 

8.  If  the  updated  analysis  on  capacity  and  demand  in  a  coordinated  or  schedules  facilitated 
airport shows that this airport has sufficient capacity to meet actual or planned operations, the 
Member  State,  after  consulting  the  bodies  mentioned  in  paragraph 4,  may  change  its 
designation to a schedules facilitated airport or an airport with no designation status.  

(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 fully coordinated airport shall be lifted. 

(cid:208) 95/93 
(cid:206)1 793/2004 Art. 1.3(e) 

(cid:216) new 

9. At the request of the Commission, which may act on its own initiative or on the initiative of 
the network manager, and after consulting the bodies mentioned in paragraph 4, the Member 
State shall ensure that an airport with no designation status be designated as belonging to the 
network.  The  decision  shall  be  communicated  to  the  Commission.  If  the  Commission 
considers that the airport is no longer of importance for the network, the Member State, after 
consulting the bodies mentioned in paragraph 4, shall change the designation of the airport to 
that of an airport with no designation status. 

10. If a decision is taken under paragraphs 6, 8 or 9, the Member State shall communicate it to 
the bodies mentioned in paragraph 4 no later than 1 April for the winter scheduling period and 
no later than 1 September for the summer scheduling period. 

EN 

26 

   EN 

 
 
 
 
 
(cid:208) 793/2004 Art. 1.5 
(cid:214) new 

Article 6 4 

Coordination parameters 

taking  account  of  all  relevant 

1. At a coordinated (cid:214) or schedules facilitated  airport, the Member State responsible shall 
ensure the determination of the (cid:214) coordination  parameters for slot allocation twice yearly, 
technical,  operational(cid:214) ,  performance   and 
while 
environmental  constraints  as  well  as  any  changes  thereto.  (cid:214) These  constraints  shall  be 
notified  to  the  Commission.  The  Commission,  if  necessary  with  the  aid  of  the  network 
manager, shall examine the constraints and deliver recommendations which the Member State 
must take into account before determining the coordination parameters.  

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. 

32.  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 (cid:214) coordination  parameters for slot allocation is taken. All relevant documents shall be 
made available on request to interested parties. 

3.  The  determination  of  the  coordination  parameters  shall  not  affect  the  neutral  and  non-
discriminatory character of the slot allocation. 

(cid:216) new 

(cid:208) 793/2004 Art. 1.5 
(cid:214) new 

4. The parameters shall be communicated to the airport coordinator in good time before initial 
slot (cid:214) filing  allocation takes place for the purpose of scheduling conferences. 

25. 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. 

EN 

27 

   EN 

 
 
 
 
⌦Organisation of coordination, schedules facilitation and data 
collection activities ⌫ 

(cid:208) 95/93 (adapted) 

Article 4 5 

The schedules facilitator and the coordinator 

(cid:208) 793/2004 Art. 1.4(a) 

(cid:208) 793/2004 Art. 1.4(b) (adapted) 
(cid:214) new 

1. The Member State responsible for an airport (cid:214) belonging to the network  , 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. 

(cid:216) new 

2. Member States shall encourage close cooperation between the coordinators and schedules 
facilitators to develop common projects at a European level. In light of the progress of these 
projects, the progress made in implementing the Single European Sky and the results of the 
evaluation report mentioned in Article 21, the Commission shall adopt implementing acts for 
creating a European coordinator. The implementing acts shall be adopted in accordance with 
the  examination  procedure  referred  to  in  Article  16(2).  The  principles  governing  the 
coordinator's  independence  in  paragraph  3  of  this  Article  apply  mutatis  mutandis  to  the 
European coordinator.  

(cid:208) 793/2004 Art. 1.4(b) (adapted) 
(cid:214) new 

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

(a) 

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

EN 

28 

   EN 

 
 
 
 
 
 
(b)  ⌦ that, ⌫  the  independence  of  the  coordinator  at  a  coordinated  airport  by 
the  coordinator  functionally  ⌦ , the  coordinator ⌫  (cid:214) shall  be 
separating 
independent in legal, organisational and decision-making terms of  from any single 
interested  party,  (cid:214) of  the  Member  State  and  bodies  under  the  jurisdiction  of  that 
State; this means that:  

(cid:216) new 

(i)  in  legal  terms,  the  coordinator's  essential  functions,  which  consist  of  allocating 
slots in an equal and non-discriminatory manner, shall be given to a natural or legal 
person who or which is not a service provider in the airport, an airline operating from 
the airport or the managing body of the airport in question; 

(ii)  in  organisational  and  decision-making  terms,  the  coordinator  shall  act 
autonomously  in  relation  to  the  Member  State,  the  airport  managing  body,  service 
providers,  airlines  operating  from  the  airport  in  question;  it  shall  not  receive 
instructions  from  them  nor  be  obliged  to  report  to  them,  with  the  exception  of  the 
Member  State;  it  shall  not  be  part  of  structures  that  are  directly  or  indirectly 
responsible for their daily management and have executive decision-making powers 
with  regard  to  the  assets  required  for  its  function.  The  Member  States  shall  ensure 
that the coordinator's professional interests are taken into consideration in such a way 
as to allow the coordinator to operate in complete independence; 

(cid:208) 793/2004 Art. 1.4(b) 

(c) 

(cd) 

Tthe system of financing the coordinator's activities shall be such as to guarantee the 
coordinator's independent status.  

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

(cid:216) new 

The financing referred to under point (c) shall be provided by the air carriers who operate in 
the  coordinated  airports  and  by  the  airports  in  such  a  way  as  to  ensure  that  the  financial 
burden  is  distributed  equitably  among  all  interested  parties  and  that  the  financing  does  not 
largely depend on a sole interested party. The Member States shall ensure that the financial, 
human, technical and material resources and expertise required by the coordinator for carrying 
out his duties are at its disposal at all times. 

34.  The  schedules  facilitator  and  the  coordinator  shall  participate  in  such  international 
scheduling conferences of air carriers ⌦ at international level ⌫ as are permitted by ⌦ in 
accordance with ⌫ Community ⌦ Union ⌫ law. 

(cid:208) 793/2004 Art. 1.4(b) (adapted) 

EN 

29 

   EN 

 
 
 
 
 
 
 
(cid:208) 793/2004 Art. 1.4(b) 
(cid:214) new 

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

56. 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. 

67. 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'  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.  

7.  All  schedules  facilitators  and  coordinators  shall  cooperate  to  detect  inconsistencies  in 
schedules (cid:214) and to encourage air carriers to resolve them . 

(cid:208) 793/2004 Art. 1.4(b) (adapted) 
(cid:214) new 

Article 6 

⌦ Transparency of coordination activities and schedules facilitation ⌫ 

1. (cid:214) At the end of each scheduling period,  Tthe coordinator (cid:214) or schedules facilitator  
shall  submit  on  request  to  the  Member  States  concerned  and  to  the  Commission  an  annual 
activity report (cid:214) describing the general slot allocation and/or schedules facilitation situation, 
examining , concerning, in particular, the application of ⌦ Article ⌫ (cid:214) 9(5) and Articles 
8a13 and 14 18, as well as any complaints regarding the application of Articles 89 and 10 
submitted  to  the  coordination  committee  and  the  steps  taken  to  resolve  them.  (cid:214) The  report 
shall also contain the results of a survey conducted among the interested parties on the quality 
of services provided by the coordinator.  

2.  The  Commission  may  adopt  a  template  for  the  activity  report  mentioned  in  paragraph  1. 
That  implementing  act  shall  be  adopted  in  accordance  with  the  examination  procedure 
referred to in Article 16(2). 

(cid:216) new 

EN 

30 

   EN 

 
 
 
 
(cid:208) 95/93 
(cid:206)1 793/2004 Art. 1.4(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:  

3.  The  coordinator  shall  maintain  an  up-to-date,  freely-accessible  electronic  database, 
containing the following information: 

(cid:216) new 

(a) 

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

(cid:208) 95/93 

(b) 

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

(cid:208) 95/93 (adapted) 

(cid:208) 95/93  
(cid:214) new 

(c) 

(d) 

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

remaining  available  slots  (cid:214) with  respect  to  each  type  of  constraint  taken  into 
consideration in the coordination parameters. The database shall allow the air carriers 
to verify the availability of slots corresponding to their requests ; 

(e) 

slots transferred or exchanged, indicating the identity of the air carriers involved and 
whether the transfer or exchange was made for compensation of a financial or other 
nature. Aggregate data on financial compensation shall be published each year; 

(cid:216) new 

EN 

31 

   EN 

 
 
 
 
 
 
 
(ef) 

full details on the criteria being used in the allocation (cid:214) coordination parameters . 

(cid:208) 95/93 
(cid:214) new 

(cid:216) new 

This information shall be updated regularly. At the end of each season, the coordinator shall 
publish the activity report mentioned in paragraph 1. 

4. The coordinator shall ensure that the data are stored and remain accessible for at least five 
consecutive equivalent scheduling periods. 

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. 1.4(d) 

105. Where relevant and generally accepted schedules information standards (cid:214) on the format 
of  ⌦ schedules information ⌫ are available, the schedules facilitator, the coordinator and 
the air carriers shall apply them provided that they comply with Community  Union  law. 

(cid:208) 793/2004 Art. 1.4(e) (adapted) 
(cid:214) new 

(cid:208) 793/2004 Art. 1.5 (adapted) 
(cid:214) new 

Article 7 

Information for schedules facilitators and coordinators 

1.  Air  carriers  operating  or  intending  to  operate  at  a  schedules  facilitated  or  coordinated 
airport (cid:214) belonging to the network  shall submit to the schedules facilitator or coordinator, 
respectively, all relevant information requested by them. (cid:214)If this information changes, the air 
carriers shall inform the schedules facilitator and the coordinator as soon as possible.  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(2), in respect of requested slots. 

EN 

32 

   EN 

 
 
 
 
 
 
(cid:208) 793/2004 Art. 1.5 (adapted) 
(cid:214) new 

For  all  other  airports  with  no  particular  designation  status,  (cid:214) the  air  carriers  operating  or 
intending  to  operate  from  that  airport,   the  managing  body  of  the  airport(cid:214) ,  the 
groundhandling  service  providers  and  the  air  navigation  service  providers   shall  provide, 
when  requested  by  a  coordinator,  any  information  in  its  ⌦ their ⌫  possession  about  the 
planned services of air carriers. 

On request from the network manager, the schedules facilitator and the coordinator shall send 
it all the information referred to in this paragraph. 

(cid:216) new 

(cid:208) 793/2004 Art. 1.5 
(cid:214) new 

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.  (cid:214) It  shall 
withdraw the series of slots if they were already allocated and/or recommend that penalties be 
imposed  by  the  competent  body  under  national  law.   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(cid:214) , in particular with a view to ensuring 
the application of Article 17 . 

(cid:208) 793/2004 Art. 1.5 (adapted) 
(cid:214) new 

Article 5 8 

Coordination committee 

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(cid:214) , the network manager, the performance review 
body and the national supervisory authority of the Member State concerned . 

EN 

33 

   EN 

 
 
 
 
 
The tasks of the coordination committee shall be: 

(a) 

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

(cid:208) 793/2004 Art. 1.5  
(cid:214) new 

(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 64; 

(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 89(58); 

(v)  (cid:214) factors affecting the  improvements to traffic conditions prevailing at the 

airport in question; 

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

109(96); 

(vii)  any  issue  concerning  the  airport  capacity  (cid:214) ,  in  particular  in  relation  to  the 
implementation  of  the  Single  European  Sky  and  the  operation  of  the 
network  ; 

(b) 

to provide the performance review body and the national supervisory authority with 
opinions  concerning  the  link  between  the  coordination  parameters  and  the  key 
performance indicators proposed to the air navigation service providers as defined by 
Commission Regulation (EU) No 691/2010. 

(cid:216) new 

(cid:208) 793/2004 Art. 1.5  
(cid:214) new 

(bc) 

to mediate between all parties concerned on complaints on the allocation of slots, as 
provided for in Article 1119. 

2.  Member  State  representatives  and  the  coordinator  shall  be  invited  to  the  meetings  of  the 
coordination  committee  as  observers.  (cid:214) On  its  request,  the  Commission  may  participate  in 
these meetings.  

3.  The  coordination  committee  shall  draw  up  written  rules  of  procedure  covering,  inter  alia 
participation, elections, the frequency of meetings, and language(s) used.  

EN 

34 

   EN 

 
 
 
 
Any member of the coordination committee may propose local guidelines as provided for in 
Article 89(58).  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. (cid:214) This report shall also be communicated to 
the performance review body and the network manager . 

(cid:208) 95/93 (adapted) 

⌦ Allocation of slots ⌫ 

(cid:208) 793/2004 Art. 1.6  
(cid:214) new 

Article 109 

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 (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. 

62. Without prejudice to Article 810(2) (cid:214) and (3) 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 %. (cid:214) The preference given to new entrants shall be 
respected  during  the  entire  scheduling  period.   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(b2)(i) and (iib), or Article 2(b)(i) and (iii). 

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  be  given  to 

(cid:208) 793/2004 Art. 1.5 (adapted) 

EN 

35 

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commercial  air  services  and  in  particular  to  scheduled ⌦ air ⌫  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. 

(cid:208) 793/2004 Art. 1.6 
(cid:214) new 

74. 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 
(cid:214) series during the  scheduling period. 

85. 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  accepts 
responsibility  for  meeting  the  operating  criteria  required  to  (cid:214) benefit  from  the  priority  
maintain historical precedence referred to in Article 810(2). 

(cid:208) 793/2004 Art. 1.6 (adapted) 
(cid:214) new 

Slots allocated to one air carrier may be used by (an)other air carrier(s) participating in a joint 
operation (cid:214) belonging to a group of air carriers , 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 
sSuch operations ⌦ shall be notified to the coordinator by the air carriers belonging to the 
group ⌫ (cid:214) and may not begin prior to the express confirmation by the coordinator . 

If  a  series  of  slots  allocated  to  an  air  carrier  is  used  by  another  air  carrier  outside  the 
conditions of this paragraph, the coordinator shall withdraw the series and return it to the pool 
after consulting the carriers concerned. 

(cid:216) new 

96. 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) 793/2004 Art. 1.6 

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36 

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67. 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. 

(cid:208) 793/2004 Art. 1.5 

(cid:208) 793/2004 Art. 1.5 (adapted) 
(cid:214) new 

58. The coordinator shall also take into account additional rules and guidelines established by 
the  air  transport  industry  Community  ⌦ Union ⌫-wide  or  world-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 
⌦ Union ⌫ law, and aim at improving the efficient use of airport capacity (cid:214) and have been 
notified  in  advance  to  and  pre-approved  by  the  Commission .  These  rules  shall  be 
communicated by the Member State in question to the Commission. 

(cid:216) new 

The  local  guidelines  may  only  concern  the  monitoring  of  the  use  of  slots  allocated  or  the 
amendment  of  the  definition  of  a  series  of  slots  to  reduce  its  length  below  10 slots  for  the 
winter  scheduling  period  or  below  15 slots  for  the  summer  scheduling  period,  but  under  no 
circumstances below 5 slots. The reduction of the length of the series of slots applies only at 
airports where demand for air services is highly seasonable.  

79. 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 10 
after distribution among the applicant carriers and slots available at short notice may be used. 

(cid:208) 793/2004 Art. 1.5 (adapted) 

Article 810 

Process of ⌦ Historical ⌫ slots 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 
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 109. 

(cid:208) 793/2004 Art. 1.5 

EN 

37 

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(cid:208) 793/2004 Art. 1.5 (adapted) 
(cid:214) new 

2. Without prejudice to Articles 7, 8a, 9, 10(1) 12, 13 and 1417, paragraph (1) of this Article 
shall not apply (cid:214) priority is to be given to the air carrier concerned for the allocation of the 
same series during the following equivalent scheduling period, if that air carrier so requests 
within  the  time-limit  mentioned  in  Article 7(1),  if    when  the  following  conditions  are 
satisfied: 

(a) 

(b) 

a  series  of  slots  has  been  used  by  an  ⌦ that ⌫  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 (cid:214) 85  % 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). 

43.  Re-timing  of  series  of  slots  before  the  allocation  of  the  remaining  slots  from  the  pool 
referred to in Article 9 to the other applicant air carriers shall be accepted only for operational 
reasons (cid:214) such as, changes in the type of aircraft used or route operated by the air carrier  
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 until expressly confirmed 
by the coordinator. 

(cid:208) 793/2004 Art. 1.6 
(cid:214) new 

34.  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 (cid:214) provided that the remaining allocated slots constitute a series within the 
meaning of Article 2(13) . 

Slots  coinciding  with  public  holidays  shall  be  incorporated  into  the  series  for  the  following 
season without any need to justify their non-use. 

(cid:216) new 

EN 

38 

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(cid:208) 793/2004 Art. 1.6 (adapted) 
(cid:214) new 

45.  If  the  80  (cid:214) 85  %  usage  of  the  series  of  slots  cannot  be  demonstrated,  (cid:214) the  priority 
provided under paragraph (2) shall not be given  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)  (cid:214) total or partial  closure of an airport or airspace; 

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

(b)  ⌦ an ⌫  interruption  of  air  services  due  to  action  intended  to  affect  these 
services(cid:214) , for example, in the event of a strike  which makes it practically and/or 
technically impossible for the air carrier to carry out operations as planned;  

(c) 

(d) 

serious  financial  difficulties  of  the  Community ⌦ Union ⌫  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 12 for routes where public 
service obligations have been imposed according to in accordance with Article 16 of 
Regulation  (EC)  No 1008/2008  resulting  in  the  temporary  suspension  of  the 
operation of such routes. 

A ban on operating in the European Union adopted on the basis of Commission Regulation 
(EC) No 474/200621 cannot be accepted as a justification for the non-use of the series of slots 
within the meaning of this paragraph. 

(cid:216) new 

56. At the request of a Member State or on its own initiative, the Commission shall examine 
the application of paragraph 45 by the coordinator to an airport falling within the scope of this 
Regulation. 

(cid:208) 793/2004 Art. 1.6 

21 

OJ L 84, 23.3.2006, p. 14.  

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39 

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It  shall  take  a  decision  within  two  months  of  receipt  of  the  request  in  accordance  with  the 
procedure referred to in Article 1316(2). 

(cid:216) new 

7.  If  the  conditions  set  out  in  paragraph  (2)(a)  and  (b)  are  not  met,  the  Commission  may 
however decide that priority for the allocation of the same series should be awarded to the air 
carriers  for  the  following  scheduling  period,  if  this  is  justified  on  imperative  grounds  of 
urgency linked to exceptional events requiring coherence in the application of measures to be 
taken in these airports. The Commission shall adopt the necessary measures, the application 
of  which  shall  not  exceed  the  length  of  one  scheduling  period.  It  shall  adopt  these 
immediately  applicable  implementing  acts  in  accordance  with  the  procedure  referred  to  in 
Article 16(3). 

(cid:208) 793/2004 Art. 1.5 (adapted) 
(cid:214) new 

Article 8b 

Exclusion of compensation claims 

8. (cid:214) The priority for a The entitlement to series of slots referred to in Article 8(2) of this 
Article  shall  not  give  rise  to  any  claims  for  compensation  in  respect  of  any  limitation, 
restriction  or  elimination  of  (cid:214) this  priority  
imposed  under  Community 
⌦ Union ⌫  law,  in  particular  in  application  of  the  rules  of  the  Treaty  relating  to  air 
transport. 

thereof 

(cid:216) new 

Article 11 

Slot reservation 

1. The managing body of a coordinated airport may decide to use the airport charges system 
with the aim of dissuading air carriers from belatedly returning slots to the pool referred to in 
Article 9  and  to  hold  them  liable  for  having  reserved  airport  infrastructure  without  using  it. 
The following principles shall be respected: 

(a) the procedure set out under Article 6 of Directive 2009/12/EC of the European Parliament 
and of the Council22 shall be observed before this decision is taken. The coordinator shall also 
be  consulted.  For  coordinated  airports  not  covered  by  Article 1(2)  of  Directive 2009/12/EC, 
the airport managing body shall consult the coordination committee and the coordinator; 

22 

OJ L 70, 14.3.2009, p. 11.  

EN 

40 

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(b) this decision shall not affect the non-discriminatory and transparent character of the slot 
allocation process and the system of airport charges; 

(c)  this  decision  shall  not  discourage  air  carriers  from  developing  services  or  entering  the 
market and it shall be limited to covering the costs incurred by the airport for reserving the 
airport capacity corresponding to the slots which remained unused;  

(d) air carriers shall not be held liable for having reserved airport infrastructure without using 
it  for  slots  allocated  but  returned  to  the  pool  before 31 January  for  the  following  summer 
scheduling  period  or  before  31 August  for  the  following  winter  scheduling  period,  for  slots 
coinciding with public holidays and returned to the pool before the same dates and for slots 
for which the non-use can be justified on the basis of Article 10(5); 

(e)  this  decision  shall  be  communicated  to  the  coordinator,  the  interested  parties  and  the 
Commission at least six months before the start of the scheduling season concerned. 

2. The coordinator shall send the airport managing body all the information necessary for the 
implementation of the decision referred to in the first paragraph. 

(cid:208) 793/2004 Art. 1.5  

Article 912 

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),  Article 17(3)  to  (7),  and  Article 18(1)  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. 

(cid:208) 793/2004 Art. 1.5 (adapted) 

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 ⌦ Union ⌫ 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. 

EN 

41 

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(cid:208) 793/2004 Art. 1.5 (adapted) 

⌦Slot mobility ⌫  

Article 8a 13 

Slot mobility ⌦ transfers and exchanges ⌫ 

(cid:208) 793/2004 Art. 1.5 
(cid:214) new 

1. Slots may be: 

(a) 

(b) 

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; 

transferred: (cid:214) between two air carriers, with or without monetary or any other kind 
of compensation;  

(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,  (cid:214) with  or  without  monetary  or  any 
other kind of compensation . 

2.  The  Member  State  shall  establish  a  transparent  framework  to  allow  contact  between  air 
carriers interested in transferring or exchanging slots in conformity with Union law. 

(cid:216) new 

EN 

42 

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(cid:208) 793/2004 Art. 1.5 (adapted) 
(cid:214) new 

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 ⌦ until expressly confirmed ⌫ 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 (cid:214) , performance  and environmental constraints; 

limitations imposed according to ⌦ in accordance with ⌫Article 912 are respected; 

a transfer of slots does not fall within the scope of paragraph 3 ⌦ of this Article ⌫. 

(cid:216) new 

For the transfers or exchanges referred to in paragraph 1(b) and (c), the air carriers shall give 
the  coordinator  the  details  of  any  monetary  or  any  other  kind  of  compensation.  The  details 
regarding  compensation  for  the  transfers  or  exchanges  are  confidential  and  the  coordinator 
shall  only  divulge  such  details  to  the  Member  State  where  the  airport  is  situated  or  the 
Commission, upon their request. The transfers or exchanges may not be subject to conditions 
intended  to  limit  the  possibility  for  the  air  carrier  wishing  to  obtain  the  slots  to  enter  into 
competition with the air carrier which transfers or exchanges the slots. 

(cid:208) 793/2004 Art. 1.5 

3.  Slots  allocated  to  a  new  entrant  as  defined  in  Article  2(2)  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(2)(b)  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(b2) 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. 

EN 

43 

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(cid:208) 793/2004 Art. 1.5 (adapted) 
(cid:214) new 

Article 14 

⌦ Competition provisions ⌫ 

This Regulation shall not affect the powers of public authorities to require (cid:214) approve  the 
transfer of slots between air carriers and to direct how these are allocated pursuant to national 
competition law or to Articles 81 ou 82 ⌦ 101, 102 ⌫ (cid:214)or 106  of the Treaty or Council 
Regulation  (EC)  No 139/200423.  These  transfers  can  only  take  place  without  monetary 
compensation.  

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

Article 10a 

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. 

Delegated acts and committee  

(cid:216) new 

Article 15 

Exercise of the delegation 

1.  The  power  to  adopt  the  delegated  acts  is  conferred  on  the  Commission  subject  to  the 
conditions laid down in this Article. 

2. The power to adopt delegated acts referred to in Article 3(3) in fine shall be conferred on 
the  Commission  for  an  indeterminate  period  of  time  from  the  entry  into  force  of  this 
Regulation.  

3. The delegation of powers referred to in Article 3(3) in fine may be revoked at any time by 
the European Parliament or by the Council. A decision of revocation shall end the delegation 
of the powers specified in the decision referred to therein. The revocation shall take effect the 
day following the publication of the decision in the Official Journal of the European Union or 

23 

OJ L 24, 29.1.2004, p. 1. 

EN 

44 

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at a later date specified therein. It shall not affect the validity of any delegated acts already in 
force.  

4. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the 
European Parliament and to the Council. 

5.  The  delegated  acts  referred  to  in  Article  3(3)  in  fine  shall  enter  into  force  only  if  no 
objection  has  been  expressed  either  by  the  European  Parliament  or  the  Council  within  a 
period  of  two  months  following  notification  of  that  act  to  the  European  Parliament  and  the 
Council or if, before the expiry of that period, the European Parliament and the Council have 
both informed the Commission that they will not object. That period shall be extended by two 
months at the initiative of the European Parliament or of the Council. 

(cid:208) 793/2004 Art. 1.9 (adapted) 

Article 16 

⌦Committee Pprocedure ⌫ 

(cid:208) 793/2004 Art. 1.9 
(cid:214) new 

1.  The  Commission  shall  be  assisted  by  a  Committee.  (cid:214) That  committee  is  a  committee 
within the meaning of Regulation (EU) No 182/2011. 

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  (cid:214) Article 5  of  Regulation  (EU) 
No 182/201124 shall apply  . 

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

(cid:216) new 

Where  the  opinion  of  the  committee  is  to  be  obtained  by  written  procedure,  that  procedure 
shall be terminated without result when, within the time-limit for delivering an opinion, the 
chair of the committee so decides or a majority of two thirds of the committee members so 
request. 

3. Where reference is made to this paragraph, Article 8 of Regulation (EU) No 182/2011, in 
conjunction with Article 5 thereof, shall apply. 

24 

OJ L 55, 28.2.2011, p. 13.  

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

(cid:208) 793/2004 Art. 1.9 

4. The Committee shall adopt its rules of procedure. 

(cid:208) 793/2004 Art. 1.9 (adapted) 
(cid:214) new 

⌦ Implementing acts⌫ 

Article 17 

⌦ Consistency between the slots and the flight plans ⌫ 

1. (cid:214)When an air carrier submits a flight plan, it shall include a reference to the slot allocated. 
The  network  manager  shall  reject   Aan  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. (cid:214)Business aviation operators shall not be deemed to have been 
allocated a slot if they would have to operate outside the time-band offered by the slot and if 
the delay is not attributable to air navigation services.  

2.  The  Member  State  shall  adopt  the  measures  necessary  for  the  exchange  of  information 
between  the  coordinator,  the  network  manager,  the  air  navigation  service  providers  and  the 
airport managing body. 

(cid:216) new 

(cid:208) 793/2004 Art. 1.9 
(cid:214) new 

Article 1418 

Enforcement  

21. 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. (cid:214)The competent licensing authorities shall give 

EN 

46 

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regular information updates to the coordinator and respond to its requests within a reasonable 
period of time.  

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. 

42.  Air  carriers  that  repeatedly  (cid:214) or   and  intentionally  operate  air  services  at  a  time 
significantly  different  from  the  slot  allocated  as  part  of  a  series  of  slots  or  use  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 (cid:214) priority  status as referred to 
in Article 810(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  consulted  the  air  carrier  concerned  and  after  issuing  a  single  warning.  (cid:214)If  the  air 
carrier requests equivalent slots, the coordinator is not obliged to allocate them.  

The  Member  State  shall  ensure  that  the  coordinator  establishes  an  efficient  system  for 
supervising the application of this paragraph. 

(cid:216) new 

(cid:208) 793/2004 Art. 1.9 
(cid:214) new 

53.  Member  States  shall  ensure  that  effective,  proportionate  and  dissuasive  sanctions  or 
equivalent measures are available (cid:214) and are applied  to deal with  

-  repeated  (cid:214) or   and  intentional  operation  of  air  services  (cid:214) without  a  corresponding  slot 
or   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 

(cid:216) new 

- the return of slots after 31 January for the following summer season or after 31 August for 
the following winter season, or the retention of unused slots; the penalty should in any case 
take account of the possible use of the mechanism provided by Article 11; 

-  the  refusal  to  communicate  to  the  coordinator  or  the  schedules  facilitator  the  information 
specified under Articles 7 and 13 or the communication of false or misleading information.  

The coordinator shall be duly informed of the application of penalties. 

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(cid:208) 793/2004 Art. 1.9 
(cid:214) new 

64.  Without  prejudice  to  Article  10(45),  if  the  (cid:214) 85   80 %  usage  rate  as  defined  in 
Article 810(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 consulted the air carrier concerned. 

Without prejudice to Article 10(45), if after an allotted time corresponding to (cid:214) 15  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  consulted  the  air  carrier  concerned.  (cid:214) The  coordinator  may 
decide to withdraw the series of slots before the end of a period corresponding to 15 % of the 
period of validity of the series if the carrier does not show that it intends to use them.  

(cid:208) 793/2004 Art. 1.7  

Article 1119 

Complaints and rights of appeal 

1.  Without  prejudice  to  rights  of  appeal  under  national  law,  complaints  regarding  the 
application  of  Articles  7(2),  8,  8a,  9,  10,  13,  17  and  18(1),(2)  and  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. 

(cid:208) 95/93  

Article 1220 

(cid:208) 793/2004 Art. 1.8 (adapted) 
(cid:214) new 

Relations with third countries 

1.  ⌦The  Commission  may,  in  accordance  with  the  procedure  referred  to  in  Article  16(2), 
decide  that  a  Member  State  or  Member  States  should  take  measures, ⌫  (cid:214) including  the 

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withdrawal of slots,  ⌦ in respect of an air carrier or air carriers of a third country with a 
view  to  remedying  the  discriminatory  behaviour  of  the  third  country  concerned ⌫ 
Wwhenever 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  ⌦ Union ⌫  air  carriers  treatment  comparable  to  that 
granted by this Regulation to air carriers from that country, or 

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

grants  air  carriers  from  other  third  countries  more  favourable  treatment  than 
Community ⌦ Union ⌫ 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  ⌦ Union ⌫  air  carriers  in  obtaining  slots  at  airports  in  third 
countries. 

(cid:208) 95/93 (adapted) 

⌦ Final provisions ⌫ 

(cid:208) 793/2004 Art. 1.10 
(cid:214) new 

Article 14a 21 

Report and cooperation 

1. The Commission shall submit a report to the European Parliament and the Council on the 
operation of this Regulation at the latest three (cid:214) four  years after its entry into force. The 
report shall address in particular the functioning of Articles 8, 8a and 9, 10(cid:214) 11  and 13. 

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. 

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(cid:208) 

Article 22 

Repeal 

Regulation (EEC) No 95/93 is hereby 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 1523 

Entry into force 

This  Regulation  shall  enter  into  force  on  the  ⌦ first  day  of  the  second  scheduling  period 
starting  after ⌫thirtieth  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 The President 
For the Council 
[…] 

For the Council 
[…] 

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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, 22.01.1993, p.1) 

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

(OJ L 142, 31.5.2002, p.3) 

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

(OJ L 221, 4.9.2003, p.1) 

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

(OJ L 138, 30.4.2004, p.50) 

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

(OJ L 167, 29.6.2009, p.24) 

_____________ 

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ANNEX II 

CORRELATION TABLE 

Regulation (EEC) No 95/93 

This Regulation 

Article 1(1) and (2) 

Articles 1(1) and (2) 

Article 1(3) 

Article 2(a) 

Article 2(b) 

Article 2(c) 

Article 2(d) 

Article 2(e) 

Article 2(f)(i) 

Article 2(f)(ii) 

— 

— 

— 

Article 2(g) 

Article 2 (h) 

Article 2(i) 

Article 2(j) 

Article 2(k) 

Article 2(l) 

Article 2(m) 

— 

— 

— 

— 

— 

Article 2(1) 

Article 2(2) 

— 

Article 2(3) 

Article 2(4) 

Article 2(5) 

Article 2(6) 

Article 2(7) 

Article 2(8) 

Article 2(9) 

Article 2(11) 

— 

Article 2(10) 

Article 2(12) 

Article 2(13) 

Article 2(14) 

Article 2(15) 

Article 2(16) 

Article 2(17) 

Article 2(18) 

Article 2(19) 

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— 

— 

Article 3(1) 

Article 3(2) 

Article 3(3) 

Article 3(4) 

— 

Article 3(5) 

Article 3(6) 

Article 3(7) 

— 

— 

Article 4(1) 

— 

Article 4(2)(a) 

Article 4(2)(b) first sentence 

— 

— 

Article 2(20) 

Article 2(21) 

Article 3(1) 

Article 3(2) 

Article 3(3) 

Article 3(4) 

Article 3(5) 

Article 3(6) 

Article 3(7) 

Article 3(8) 

Article 3(9) 

Article 3(10) 

Article 5(1) 

Article 5(2) 

Article 5(3)(a) 

Article 5(3)(b) 

Article 5(3)(b)(i) 

Article 5(3)(b)(ii) 

Article 4(2)(b) second sentence 

Article 5(3)(c) 

Article 4(2)(c) 

— 

Article 4(3) 

Article 4(4) 

Article 4(5) 

Article 4(6) 

Article 4(7) 

— 

Article 5(3)(d) 

Article 5(3), in fine 

Article 5(4) 

Article 5(5) 

Article 5(6) 

Article 5(7) 

Article 5(7) and Article 6(1) 

Article 6(2) 

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Article 4(8) 

— 

Article 4(9) 

Article 4(10) 

Article 6(3) 

Article 6(4) 

— 

Article 6(5) 

Article 5(1), first subparagraph 

Article 8(1), first subparagraph 

Article 5(1)(a) 

— 

Article 5(1)(b) 

Article 5(2) 

Article 5(3) 

Article 6(1)  

Article 6(2)  

Article 6(3)  

— 

Article 6(1), in fine 

Article 7 

Article 8(1) 

Article 8(1)(a) 

Article 8(1)(b) 

Article 8(1)(c) 

Article 8(2) 

Article 8(3) 

Article 4(1) 

Article 4(5) 

Article 4(2) 

Article 4(3) 

Article 4(4) 

Article 7 

Article 10(1) 

Article  8(2),  first  subparagraph,  introductory 
sentence 

Article 10(2), introductory sentence 

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

Article 10(2)(a) and (b) 

Article 8(2), second subparagraph 

— 

Article 8(3)  

Article 8(4) 

Article 8(5) 

— 

Article 8(6) 

Article 8(7) 

EN 

Article 9(3) 

Article 10(5) 

Article 9(8), first subparagraph 

Article 9(8), second subparagraph 

Article 9(7) 

Article 9(9) 

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— 

Article 8a 

Article 8a(1) 

— 

Article 8a(2) 

— 

Article 8a(3) 

Article 8b, first sentence 

Article 8b, second sentence 

Article 11 

Article 13 

Article 13(1) 

Article 13(2), first subparagraph 

Article 13(2) second subparagraph 

Article 13(2), in fine 

Article 13(3) 

Article 10(7) 

Article 14 

Article 8b, third sentence 

— 

Article 9 

Article 10(1) 

Article 10(2) 

Article 10(3) 

Article 12 

Article 9(1) 

— 

Article 10(4) 

Article 10(4)(a) first, second and third indents  Article 10(5)(a)(i), (ii) and (iii) 

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

Article 10(5)(b), (c) and (d)  

— 

Article 10(5) 

— 

Article 10(6) 

Article 10(7) 

Article 10(8) 

Article 10(9) 

Article 10a 

Article 11  

Article 12 

Article 10(5), in fine 

Article 10(7) 

Article 10(6) 

Article 9(3) 

Article 9(4) 

Article 9(5) 

Article 9(6) 

— 

Article 19 

Article 20 

Article 13(1) and (2) 

Article 16(1) and (2) 

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— 

Article 13(3) 

Article 13(4) 

— 

Article 14(1) 

— 

Article 14(2) 

Article 14(3) 

Article 14(4) 

Article 14(5) 

Article 16(3) 

Article 16(4) 

— 

Article 15 

Article 17(1) 

Article 17(2) 

Article 18(1) 

— 

Article 18(2) 

Article 18(3) 

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

Article 18(4), first and second subparagraphs 

Article 14a 

— 

Article 15 

— 

— 

Article 21 

Article 22 

Article 23 

Annex I 

Annex II 

_____________ 

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