Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending Council Regulation (EEC) No 95/93 as regards temporary relief from the slot utilisation rules at Community airports due to the COVID-19 pandemic
Date: 2022-07-12
Institutions: Directorate-General for Mobility and Transport, European Commission
Subjects: air traffic, airport, carrier, common transport policy, competition, coronavirus disease, epidemic, transport capacity, transport planning

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   EUROPEAN COMMISSION  Brussels, 12.7.2022  COM(2022) 334 final 2022/0214 (COD)  Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending Council Regulation (EEC) No 95/93 as regards temporary relief from the slot utilisation rules at Community airports due to the COVID-19 pandemic (Text with EEA relevance)  
 
EXPLANATORY MEMORANDUM 

1. 

CONTEXT OF THE PROPOSAL 

Reasons for and objectives of the proposal  

• 
Regulation (EEC) No 95/931 (the ‘Slot Regulation’) lays down rules on the allocation of slots 
at EU airports. Its Article 10 sets out the ‘use-it-or-lose-it’ rule, according to which air carriers 
must use at least 80% of slots in an allocated slot series in a given scheduling period (summer 
or winter) to retain their entitlement to the same slot series in the next equivalent scheduling 
period (i.e. grandfather or historic rights). 

The COVID-19 pandemic caused a sudden and unprecedented decline in  passenger demand 
(the lowest points were reached in April 2020, with an 89% decrease compared to the same 
weeks  in  2019).  As  airlines  could  no  longer  comply  with  the  normal  use-it-or-lose-it  rule 
without  risking  significant  financial  or  environmental  harm,  the  EU  amended  the  Slot 
Regulation  twice  to  adjust  this  rule2.  The  amended  Regulation  also  gave  the  European 
Commission  delegated  powers  to  extend  slot  relief  and  adjust  the  use  threshold  if  the 
reduction in air traffic due to COVID-19 persisted and was likely to continue to persist. The 
Commission used this empowerment three times3. Current slot-relief rules will expire on 29 
October  2022.  The  Commission’s  delegated  powers  expired  on  21  February  2022  and 
therefore  the  Commission  cannot  extend  the  EU  slot  relief  beyond  the  summer  2022 
scheduling period. 

The use-it-or-lose-it rule was completely suspended from 1 February 2020 to 27 March 2021 
(i.e.  a  full  waiver).  Given  the  subsequent  recovery  of  air-traffic  demand  linked  to  the 
vaccination campaign and the introduction of the EU Digital COVID Certificate, the EU took 
the  approach  that  slot  relief  should  be  targeted  to  what  is  necessary  and  balanced  by 
introducing  certain  pro-competitive  aspects.  By  its  very  nature,  slot  relief  has  the  effect  of 
giving a certain advantage to incumbent airlines  to the detriment of new entrants that would 
potentially  be  able  to  provide  air  services  but  cannot  access  airport  capacity.  To  reduce  the 
risk of anticompetitive effects the slot use rate was gradually raised from 0% to 64% (for the 
summer 2022 scheduling period)4. When the slot use rate was raised above 0%, a number of 
new justified non-use of slots (JNUS) exceptions were introduced as an additional safeguard. 
These  exceptions  provide  additional  alleviation  in  specific  cases  where  an  airline  cannot 
operate a flight because of measures imposed by public authorities to mitigate the spread of 
COVID-19 (for instance, flight bans, or lockdowns at either end of the route). 

Other  rules  to  maximise  the  efficient  and  pro-competitive  use  of  airport  capacity  were  also 
introduced (e.g. a 3-week hand-back deadline for slots not intended for use, priority for ad hoc 
slot users under certain circumstances, etc.). These rules aim to maximise the benefits for the 

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Council Regulation (EEC) No 95/93 of 18 January 1993 on common rules for the allocation of slots at 
Community airports (OJ L 14, 22.1.1993, p. 1). 
Regulation (EU) 2020/459 of the European Parliament and of the Council of 30 March 2020 (OJ L 99, 
31.3.2020,  p.  1);;  Regulation  (EU)  2021/250  of  the  European  Parliament  and  of  the  Council  of  16 
February 2021 (OJ L 58, 19.2.2021, p. 1). 
Commission Delegated Regulation (EU) 2020/1477 of 14 October 2020 (OJ L 338, 15.10.2020, p. 4); 
Commission  Delegated  Regulation  (EU)  2021/1889  of  23  July  2021  (OJ  L  384,  29.10.2021,  p.  20); 
Commission Delegated Regulation (EU) 2022/255 of 15 December 2021 (OJ L 42, 23.2.2022, p. 1). 
In the summer 2021 scheduling season, the de facto slot use rate was 25% (the slot use rate was set at 
50%, but airlines could also hand back up to 50% of their full slot series before the start of the summer 
season for temporary reallocation in exchange for full protection of those series). A use rate of 50% was 
adopted for the winter 2021/2022 scheduling season and 64% for the summer 2022 scheduling season. 

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greatest number of users and allow passengers to reap the benefits of a competitive aviation 
market and connectivity.  

The  current  air-traffic  level  in  Eurocontrol  states  is  around  86%  of  the  level  in  the  same 
period in 2019. Eurocontrol figures also show that traffic to other continents is recovering at 
similar rates5. Air traffic to North America is only 8% below 2019 levels and to Africa is 37% 
below  2019  (with  a  smaller  reduction  to  North  African  countries).  The  air  traffic  to  South 
America  is  20%  below  2019  and  to  the  Middle  East  8%  below  2019  levels.  The  market 
lagging  behind  most  is  EU-Asia,  which  is  at  65%  of  2019  levels.  This  is  attributable  to 
remaining  travel  restrictions,  especially  in  China6,  because  of  COVID-19  (slots  on  affected 
routes are protected by JNUS exceptions), and the fact that many carriers have to fly around 
Russian  airspace  to  reach  Asian  countries.  This  adds  significantly  to  flight  duration  on 
affected routes and requires airlines to reduce flight frequency.  

Eurocontrol’s traffic outlook (base scenario, currently outperformed) sets traffic at 90% at the 
start of the winter 2022/2023 scheduling period. Based on the same forecast, air traffic at the 
end of 2022 will be at  92% (base scenario), 96% (high scenario) or 83% (low scenario).  In 
June 2022, year-to-date air traffic stands at 75% of 2019, with an upward trend. In May 2022, 
Airports  Council  International  Europe  revised  their  forecast  on  passenger  numbers  upward: 
the previously predicted -32% passenger-traffic loss for the year is now -22%. In an analysis 
published in May 2022, the CAPA – Centre for Aviation (which provides market intelligence) 
predicts  that  seat  capacity  offered  may  reach  2019  levels  in  Q3-2022.  While  the  number  of 
passengers  is  still  lagging  behind,  the  gap  between  seat  capacity  offered  and  passenger 
numbers  is  closing.  Given  this  robust  air-traffic  recovery,  it  is  proposed  not  to  modify  the 
standard 80% use rate as of the winter 2022/2023 scheduling period. 

Experience during the pandemic has shown that the COVID-19 epidemiological  situation is 
unstable and unpredictable. Some public-health authorities have already warned that COVID-
19 cases may intensify again during northern autumn and winter seasons. It is not possible to 
anticipate the impact of potential new variants or an increased number of cases on passengers’ 
ability to  travel.  Further, Russia’s military  aggression  against Ukraine may  continue to  be a 
disruptive factor.  

To  mitigate  the  potential  negative  consequences  on  air-traffic  levels  if  these  scenarios 
materialise, it is important that the legal framework for slot allocation is sufficiently resilient 
to  enable  proportionate,  pro-competitive  and  speedy  slot  relief.  Therefore,  it  is  proposed  to 
grant  the  Commission  delegated  powers  for  a  limited  time  to  adjust  the  slot  use  rate  if 
necessary  if  air  traffic  remains  persistently  below  a  certain  threshold  due  to  COVID-19  or 
direct effects of Russia’s military aggression. 

Further,  airlines should continue to  benefit from JNUS exceptions in  case public authorities 
impose  sanitary  measures  that  restrict  air  travel  or  severely  impede  passengers’  ability  to 
travel. It is also proposed to extend the exception to cover measures imposed in response to all 
epidemiological  situations  (not  limited  to  COVID-19),  natural  disasters  and  political  unrest 

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eurocontrol-comprehensive-air-traffic-assessment-20220525_0.pdf 
In 2021, EU and Chinese carriers operated around 74-76% fewer flights to China than in 2019. After 
the first half of 2022, the number of flights operated is 70% lower for Chinese carriers and 80% lower 
for  EU  carriers  when  compared  to  the  whole  of  2019. The  carriers  are  thus  likely  on  track  to  exceed 
2021 operations, but it shows that air traffic to China is still significantly down. 

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affecting  airports.  This  proposed  extension  of  the  JNUS  exceptions  has  received  wide 
approval from all stakeholder categories (further described below).  

While it is for slot coordinators to implement the Slot Regulation, experience has shown that 
closer  cooperation  between  coordinators  is  necessary  to  uphold  the  objectives  of  the  Slot 
Regulation,  ensure  consistent  application  of  EU  rules  to  similar  situations,  and  maintain  a 
level  playing  field.  Therefore,  it  is  proposed  to  strengthen  the  role  of  the  European  Airport 
Coordinators  Association  in  issuing  guidance.  Transparency  in  the  application  of  JNUS 
exceptions  is  very  important  for  airlines,  thus  coordinators  should  publish  to  which 
destinations  the  exceptions  apply.  In  addition,  when  a  coordinator  applies  the  exception  to 
slots  at  one  end  of  the  route,  the  coordinator  at  the  other  end  of  the  route  should  consider 
whether  to  apply  it  as  well,  provided  it  does  not  unduly  prejudice  airport  operations  or  fair 
access to limited airport capacity, or both. Further, it is proposed that if a majority of the EU 
population  is  affected  by  measures  severely  impeding  air  travel,  all  slot  coordinators  may 
grant JNUS exceptions to all slots. 

During its regular contact with stakeholders, the Commission has become aware of the need 
to address certain impacts of Russia’s military aggression against Ukraine on air traffic. The 
prohibition on air carriers from the Union and other countries to enter the airspace of Belarus, 
Russia and Ukraine is having an impact on scheduled operations. The need to re-route flights 
may  add  significant  duration  to  the  flight-time  making  it  impossible  to  comply  with  the 
originally allocated slot timing. Firstly, the Commission fully supports that coordinators use 
the flexibility granted under Article 8(4) of the Slot Regulation to retime slots used for direct 
routes  affected  by  the  prohibition  to  enter  Russian,  Belarusian  and  Ukrainian  airspace  
Secondly, it is proposed to clarify that once Ukrainian airspace reopens, airlines whose slots 
on routes between the EU and Ukraine are protected by Article 10(4)(a) should be granted an 
additional recovery period of 16 weeks before slot-use requirements become applicable again. 
Thirdly, to aid the recovery of Ukraine and encourage airlines to restore connectivity between 
the  EU  and  Ukraine,  it  is  proposed  to  empower  the  Commission  to  adopt  delegated  acts  to 
reduce the slot use rate on those specific routes between EU and Ukrainian airports. Lastly, it 
is proposed to explicitly clarify that air carriers subject to restrictive measures adopted under 
Article 215 of the Treaty on the Functioning of the EU (TFEU) or on the EU safety list cannot 
benefit  from  the  application  of  Article  10(4)  and  (4a)  of  the  Slot  Regulation.  Their  slots 
should be withdrawn to avoid blocking airport capacity. 

The  Commission  held  a  call  for  evidence  from  26  April  to  24  May  2022  and  invited 
stakeholders to react to the proposed initiative to extend slot relief. The Commission received 
43 replies in total, out of which 29 are publicly available on the Better Regulation portal.  

All  respondents  support  the  continuation  of  slot  relief,  especially:  (i)  the  continuous 
availability  of  JNUS  exceptions;  (ii)  coordination  among  slot  coordinators  when  applying 
these  exceptions;  and  (iii)  giving  the  Commission  delegated  powers  to  lower  the  use  rate 
(which almost all stakeholders supported). Of all respondents, 5 stakeholders (3 airlines and 2 
associations, representing most of the EU’s airports) explicitly called for reinstating the 80% 
use rate, while 26 expressly called for a lower use rate (airlines mainly asked to maintain the 
current  64%  use  rate).  Some  stakeholders,  mainly  Member  States,  did  not  mention  any 
preferred use rate but supported the proposal to empower the Commission to adopt delegated 
acts.  Further,  stakeholders  broadly  supported  that  airlines  that  used  ad  hoc  slots  during  the 
period of slot relief should be given priority access to these slots, subject to available capacity. 

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The  Commission  recognises  that  the  request  to  maintain  a  lower  use  rate  is  linked  to 
uncertainties  concerning  COVID-19  and  Russia’s  military  aggression  against  Ukraine  and 
resulting  economic  impacts.  COVID-19  cases  may  rise  again  during  the  winter  scheduling 
period, which is generally one of lower demand. However, Eurocontrol expects air-traffic to 
be at 90% of 2019 levels at the start of the winter scheduling period. Therefore, announcing a 
lower  use  rate  at  this  stage  is  not  justified.  The  Commission  holds  that  there  are  sufficient 
safeguards  against  unanticipated  adverse  developments,  namely  the  possibility  to  lower  the 
use rate by adopting delegated acts at any time (if necessary by using the urgency procedure), 
coupled  with  the  continuing  availability  of  JNUS  exceptions.  The  Commission  has  also 
repeatedly stated that air traffic does not need to return to 2019 traffic levels for normal slot-
use rules to be reinstated as it is likely that consumer preferences will have changed, to which 
the  market  must  adapt.  It  is  essential  that  airport  capacity  is  used  efficiently  and  pro-
competitively for the benefit of consumers and connectivity. 

Many  airlines  were  in  favour  of  broadening  the  application  of  the  JNUS  exceptions,  for 
example to cover public recommendations against travel, to  cover not only directly affected 
routes but also feeder traffic, and to cover unavailability of essential ground-handling services 
or other business essential to support air operations. 

The Commission recalls that the JNUS exceptions constitute an exception to the normal rules 
and, therefore, should be limited to what is strictly necessary not to unduly limit competition, 
which  could  in  turn  harm  consumers.  State  recommendations  against  travel  may  affect 
passengers’  willingness  to  travel;  however,  they  do  not  as  such  constitute  a  severe 
impediment to travel and travel does still take place. If there are severe restrictions at the other 
end  of  the  route,  such  as  mandatory  quarantine,  lockdowns,  etc.,  the  exception  applies  and 
thus provides suitable protection.   

On the request to broaden JNUS to cover feeder traffic, the Commission holds that this goes 
beyond what is  necessary. Many passengers may be on a  given  flight  to  an airline’s hub to 
connect  to  various  destinations  –  some  of  these  destinations  being  affected  by  travel 
restrictions  or  the  need  to  reroute,  others  not.  Therefore,  it  is  not  simple  to  determine  for 
which route any  given flight  constitutes a feeder  flight.  Further, passengers may adapt  their 
demand to the given circumstances. For example, while fewer passengers may choose to fly 
to Asian countries, they may choose to travel to North or South American destinations instead 
while still connecting through a hub in  the EU.  To accept  the application of JNUS in  these 
scenarios  would  go  beyond  the  objective  of  JNUS  under  Article  10(4)(e)  of  the  Slot 
Regulation  and  would  contradict  the  principle  that  slots  are  not  route  specific.  Airlines  can 
adjust  schedules  and  networks  in  line  with  demand,  as  many  airlines  have  done  during  the 
pandemic. 

Lastly,  on  staff  shortages,  the  Commission  notes  that  this  may  become  a  more  serious 
problem during the current summer season. However, the proposal will not be adopted in time 
to  cover  the  current  season  and  other  solutions  are  being  explored  by  stakeholders  together 
with the Commission. As is the case for airport capacity reductions due to sanitary measures, 
the  Commission  favours  an  open  dialogue  between  the  parties  concerned  and  an  orderly 
reduction  of  capacity  to  minimise  the  negative  consequences  for  passengers.  Resulting 
cancellations  and/or  re-timings  should  be  presented  to  airlines  and/or  their  associations 
transparently and should be spread across them proportionately to the number of slots or the 
capacity used by airlines at the airport concerned. 

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• 

Consistency with existing policy provisions in the policy area 

The  Slot  Regulation  offers  air  carriers  relief  from  the  use-it-or-lose-it  rule,  that  is  currently 
problematic for air carriers due to the COVID-19 pandemic and Russia’s military aggression 
against Ukraine. The Slot Regulation empowers the Commission to adopt delegated acts, that 
can  only  adjust  the  slot use  rate  for  all  routes  in  case  of  persistent  air-traffic  decline  due  to 
epidemiological  situations  or  direct  effects  of  Russia’s  military  aggression  against  Ukraine, 
and/or  specifically  for  routes  between  the  EU  and  Ukraine  to  encourage  airlines  to  restore 
connectivity.  Extended  periods  of  excessive  relief  from  the  slot-utilisation  rules  lead  to 
distortions in competition that: (i) impact passenger connectivity and employment and quality 
of  jobs  in  the  aviation  sector;  and  (ii)  cause  specific  problems  for  airports  and  service 
providers. At the same time, returning to the normal slot-use requirements definitively with no 
possibility to rely on JNUS exceptions despite the possibility of future adverse events, would 
risk  putting  additional  financial  burden  on  airlines  and  could  have  an  unintentional  adverse 
environmental  effect  if  airlines  were  to  operate  flights  only  to  maintain  underlying  airport 
slots.  Therefore,  the  Slot  Regulation  should  be  amended:  (i)  to  mitigate  the  effects  of  the 
COVID-19 pandemic and Russia’s military aggression against Ukraine; (ii) to  provide legal 
certainty to air carriers, and (iii) to maintain the unity of the EU slot-allocation system.  

`• 

Consistency with other EU policies 

The effective functioning of the internal  market  in  aviation  and  related services depends on 
the  economic  performance  of  air  carriers  and  other  parts  of  the  aviation  sector,  including 
airports and other service providers. The negative economic consequences of the COVID-19 
pandemic  and  Russia’s  military  aggression  against  Ukraine  are  endangering  their  financial 
health and are having serious negative effects on the air-transport system and the economy as 
a  whole.  Therefore,  amending  the  Slot  Regulation  is  of  utmost  importance.  This  is  also 
consistent  with  the  EU’s  climate  policy  as  it  significantly  reduces  the  risk  of  air  carriers 
operating flights only to maintain underlying airport slots.  

2. 

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LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY 

Legal basis 

The legal basis for the proposal is Article 100(2) TFEU. This Article provides the legal basis 
to  adopt  all  appropriate  air-transport  legislation  and  serves  as  the  legal  basis  for  the  Slot 
Regulation and its amendments.  

• 

Subsidiarity (for non-exclusive competence)  

The objectives of the proposal cannot be sufficiently achieved by the Member States since the 
Slot Regulation does not allow Member States to require coordinators to: (i) set a different use 
threshold;  (ii)  impose  conditions  on  slot  relief;  and  (iii)  change  the  slot-utilisation  rate  in 
response to changing traffic levels. This objective can only be achieved by the EU amending 
the Slot Regulation. 

• 

Proportionality 

The proposal does not go beyond what is necessary to achieve the objective of alleviating the 
economic  impact  of  the  COVID-19  pandemic  on  the  operation  of  the  Slot  Regulation.  The 
proposal strikes a balance between: (i) the need to grant airlines relief from the use-it-or-lose-
it rule in response to low demand for air travel resulting from the COVID-19 pandemic, other 
epidemiological  situations,  natural  disasters,  and  political  unrest  such  as  Russia’s  military 
aggression against Ukraine; and (ii) the need to return to a normal application of slotallocation 

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rules  in  proportion  to  recovering  air-traffic  levels.  The  proposal  also  includes  a  number  of 
pro-competitive measures to address certain unintended negative effects of slot relief. 

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Choice of the instrument 

To achieve its objective, the legal instrument must be of direct and general application, in the 
same way as the Slot Regulation. Therefore, the appropriate legal instrument is a regulation. 

3. 

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RESULTS 
CONSULTATIONS AND IMPACT ASSESSMENTS 

EVALUATIONS, 

POST 

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STAKEHOLDER 

Ex post evaluations / fitness checks of existing legislation 

Due  to  the  urgency  to  amend  the  Slot  Regulation  before  the  start  of  the  winter  2022/2023 
season,  no  evaluation  was  carried  out.  It  should  be  noted  that  the  Commission  has  gained 
significant  experience  with  the  application  of  slot  relief  since  February  2020  and  has  had 
regular  contact  with  airlines,  airports,  and  slot  coordinators  on  the  matter.  Further,  more 
extensive  data  collection  was  carried  out  in  August  2021  for  the  preparation  of  Regulation 
(EU) 2021/250, of which many aspects will be carried over (e.g. JNUS exceptions, delegated 
powers to lower the use rate, 3-week hand-back deadline for slots not intended for use). 

• 

Stakeholder consultations 

Due to the urgency of the matter, a formal stakeholder consultation has not been carried out. 
The Commission published a call for evidence for feedback on the Better Regulation portal to 
which stakeholders could reply from 26 April to 24 May 2022. The Commission received 29 
replies  on  the  portal  and  43  replies  in  total  (the  ones  not  published  were  sent  to  the 
Commission  services  directly).  The  Commission  received  input  from  31  airlines  or  their 
associations,  out  of  which  12  non-EU  ones,  2  airport  associations,  1  slot  coordinator  and  1 
coordinators’  association,  1  organisation  representing  cargo,  1  environmental  organisation 
against  noise,  and  5  Member-State  authorities  (from  Germany,  Italy,  the  Netherlands, 
Denmark and Sweden). While not legally obliged to do so when preparing new proposals, the 
Commission held an expert-group meeting of the Sub-Group on Airport Slots with Member 
State  experts  on  18  May  2022.  The  following  Member  States  were  represented:  Bulgaria, 
Czechia, Denmark, Germany, Estonia, Ireland, France, Croatia, Italy, Malta, the Netherlands, 
Poland, Portugal, Finland and Romania.  

• 

Collection and use of expertise 

As explained, an extended collection of expertise was not possible due to the urgency of the 
situation.  However,  the  Commission  has  drawn  on  experience  gained  through  the  regular 
exchange  with  stakeholders  and  application  of  amendments  to  the  Slot  Regulation  that  also 
included consultations with experts. 

• 

Impact assessment 

Due to the urgency of the situation, an impact assessment under better-regulation rules has not 
been carried out. The reasoning for the proposal and a summary of the outcome of stakeholder 
consultation are presented in this explanatory memorandum. 

• 

Fundamental rights 

Not applicable.  

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4. 

BUDGETARY IMPLICATIONS 

Not applicable. 

5. 

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OTHER ASPECTS 

Implementation plans and monitoring, evaluation and reporting arrangements 

The Commission should continue to follow the development of the COVID-19 pandemic and 
Russia’s  military  aggression  against  Ukraine  and  their  impact  on  air  transport.  As  under 
Regulation (EU) 2021/250, the Commission should be empowered to adopt a delegated act to 
adjust the minimum slot usage requirement as necessary.  

• 

Detailed explanation of the specific provisions of the proposal 

The amended definition of ‘new entrants’ in Article 2 of the Slot Regulation is maintained by 
extending its period of application to  allow  more air carriers to  qualify as  new entrants  and 
obtain slots from the pool. The aim of this is to enable more competition at airports in light of 
the extended period of slot relief, which made it easier for incumbent carriers at the airport to 
maintain their slots. 

In addition, the definition of ‘COVID-19 coordination parameters’ is maintained by extending 
its period of application and Article 8(6a) is modified.  

During  the  period  of  slot  relief,  air  carriers  have  used  ad  hoc  slots  returned  to  the  pool  by 
incumbents  for  temporary  reallocation.  Carriers  that  used  such  slots  have  helped  use  the 
relevant slot series efficiently and have provided connectivity for passengers. Hence, Article 
8(2a) is added, which gives such air carriers priority for the allocation of the series in question 
in the next equivalent scheduling period, subject to airport-capacity availability. If more than 
one air carrier has used slots of the same series, priority is given to the carrier that has used 
the higher number of slots. 

A  subparagraph  is  added  to  Article  10(4)  to  specifically  address  the  impact  of  Russia’s 
military aggression against Ukraine. This subparagraph specifies that air carriers holding slots 
that they used to operate to/from Ukraine and that are currently protected by Article 10(4)(a), 
should  be  granted  an  additional  recovery  period  of  16  weeks  before  any  slot-use  threshold 
applies to them after the Ukrainian airspace is reopened. This is because demand is likely to 
be severely depressed due to significant destruction of transport infrastructure. For the same 
reason,  Article  10a  grants  the  Commission  delegated  powers  to  lower  the  slot  use  rate  for 
slots used on routes between the EU and Ukraine. 

Point (e) of Article 10(4) is deleted. Instead, a new paragraph 4a is added, which includes the 
current  JNUS  exception in  case  of  public  measures  severely  impeding  air  travel  to  mitigate 
the spread of COVID-19. Further, this exception is extended to cover more situations where 
the ability of passengers to fly on certain routes is impacted significantly by measures adopted 
by public authorities, also in response to other epidemiological situations, political unrest, and 
natural disasters. In these cases, air carriers may be relieved from the application of the use-it-
or-lose-it  rule.  However,  this  advantage  is  confined  to  avoid  any  unintended  effects  (for 
details, see the third, fourth and fifth subparagraphs of the new paragraph 4a). 

The  second  subparagraph  of  the  new  paragraph  4a  aims  to  clarify  how  slot  coordinators 
should  calculate  slot  usage  when  some  slots  in  a  series  are  protected  under  the  first 
subparagraph:  they  should  disregard  the  protected  slots  and  determine  whether  80%  of  the 
remaining slots of the series have been used. This addition is needed to ensure that the effect 
of the JNUS exception is limited to the period for which it was justified. 

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The sixth  subparagraph  of the new paragraph 4a aims to  enable  greater  coordination on the 
application  of  the  JNUS  exception  between  slot  coordinators.  The  emergence  of  the  Delta 
variant  in  April  2021  and  the  Omicron  variant  in  December  2021  showed  that  divergent 
application  of  the  JNUS  exception  by  various  slot  coordinators  can  significantly  distort  the 
level  playing field  between airlines. Therefore, the sixth subparagraph specifies  that when a 
majority of Member States adopts measures severely impeding travel that impact the majority 
of the EU population, all coordinators may apply paragraph 4a to all slots for the duration of 
the  measures.  Further,  paragraph  4c  is  added  to  Article  10  to  strengthen  the  role  of 
coordinators in issuing common guidance and to strengthen transparency. 

A new paragraph 4b is added to Article 10 to clarify that the JNUS exceptions of Article 10(4) 
and (4a) do not  cover air carriers on the EU safety list, subject  to  sanctions  or registered in 
states subject to sanctions. 

Article  10a  is  modified  in  several  ways.  Paragraphs  1  to  4  are  deleted.  The  period  during 
which the new slot-relief rules apply is set from 29 October 2022 until 26 March 2024. These 
dates  correspond  to  the  start  date  of  the  2022/2023  International  Air  Transport  Association 
(IATA) winter season and the end date of the 2023/2024 IATA winter season, respectively. 

Paragraph  5  of  Article  10a  empowers  the  Commission  to  adopt  delegated  acts  within  the 
period  of  further  slot  relief  to  amend  the  utilisation  rate  according  to  the  development  of 
traffic  levels,  if  air  traffic  drops  below  80%  of  corresponding  levels  in  2019  for  four 
consecutive  weeks  due  to  any  epidemiological  situation  or  Russia’s  military  aggression 
against Ukraine. Given how rapidly the air-traffic situation may change, it should be possible 
to adopt these delegated acts by urgency procedure (paragraph 2). 

Paragraph 5a empowers the Commission to adopt delegated acts within the period of further 
slot  relief  to  amend  the  utilisation  rate  according  to  the  development  of  traffic  levels 
specifically  for  slots  used  on  routes  between  the  EU  and  Ukraine  to  encourage  airlines  to 
restore connectivity between the regions. 

Paragraph 7 of the modified Article 10a stipulates that during the period of slot relief, an air 
carrier not intending to use a slot must make it available for temporary reallocation to other 
air carriers no later than 3 weeks before the planned date of operation of the slot. This is to 
help  other  carriers  who  may  wish  to  operate  such  slots  on  an  ad  hoc  basis.  These  other  air 
carriers should have sufficient time to plan their operations and also to ensure that passengers, 
airports and airport-service providers have advance notice of their planned operations. Where 
air carriers repeatedly fail to comply with this provision, they will not be able not benefit from 
any  lower  slot  use  rate  than  80%,  regardless  at  which  level  the  Commission  sets  the  use 
threshold. 

Point (c) of Article 14(6) remains to allow the coordinator to take action and withdraw slots 
where  an  air  carrier  ceases  operations  at  that  airport.  In  such  cases,  the  coordinator  can 
withdraw the slots for the remainder of the scheduling period, without having to wait until the 
end of that period, and make slots available for reallocation as early as possible. 

Point (d) is added to Article 14(6) to allow the coordinator to take action and withdraw slots 
of carriers on the EU safety list subject to sanctions or registered in states subject to sanctions. 

EN 

8 

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2022/0214 (COD) 

Proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

amending Council Regulation (EEC) No 95/93 as regards temporary relief from the slot 
utilisation rules at Community airports due to the COVID-19 pandemic 

(Text with EEA relevance) 

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  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 Committee7, 
Having regard to the opinion of the Committee of the Regions8, 

Acting in accordance with the ordinary legislative procedure, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

7 
8 
9 

Council Regulation (EEC) No 95/939 was amended several times since the start of the 
COVID-19 pandemic as the requirement to use 80% of slots in a series to maintain the 
right to the same series in the next corresponding season became unsustainable for air 
carriers in light of highly reduced air traffic levels.  

Figures  published  by  Eurocontrol  show  that  the  air  traffic  has  had  strong  recovery 
since  the  beginning  of  the  summer  2022  scheduling  season  and  the  air  traffic  at  the 
start of the winter 2022/2023 scheduling season is expected to be approximately 90% 
of 2019 levels under the base forecast. Those figures justify a return to the 80% slot 
use  threshold  as  a  general  rule,  complemented  with  specific  slot  use  alleviation  in 
cases of justified non-use of slots. 

Nevertheless,  as  experience  has  shown,  the  COVID-19  situation  remains  highly 
uncertain. As was the case at the end of 2021 with Omicron, new variants can appear 
and  cause  sudden  reactions  from  States  and  consumers  that  can  in  turn  negatively 
affect air traffic. Further, certain long-haul markets continue to be affected by sanitary 
measures severely impeding traffic.  

Russia’s military aggression against Ukraine is also having an impact on air traffic and 
air  carriers’  ability  to  operate  their  slots  as  Union  air  carriers  are  prevented  from 
entering the airspace of Belarus, Russia and Ukraine. 

OJ C , , p. . 
OJ C , , p. . 
Council Regulation (EEC) No 95/93 of 18 January 1993 on common rules for the allocation of slots at 
Community airports (OJ L 14, 22.1.1993, p. 1). 

EN 

9 

  EN 

                                                 
(5) 

(6) 

(7) 

(8) 

(9) 

State-imposed  travel  restrictions  for  sanitary  reasons  and  the  impossibility  to  enter 
airspace as a result of military conflict  are beyond the control of air carriers and  can 
lead  them  to  voluntarily  or  involuntarily  cancel  air  services  or  adjust  schedules  in 
response  to  those  circumstances.  In  particular,  voluntary  cancellations  protect  the 
financial  health  of  air  carriers  while  at  the  same  time  avoiding  the  negative 
environmental impact of flights operated only to retain their slots. 

Under those circumstances, air carriers failing to use their slots in accordance with the 
slot utilisation rate as set out in Regulation (EEC) No 95/93 should not automatically 
loose the precedence to slot series laid down in Article 8(2) and Article 10(2) of  that 
Regulation  that  they  would  otherwise  enjoy.  Specific  rules  should  be  established  to 
this effect.  

At  the  same  time,  it  is  important  to  recall  the  objectives  of  Regulation  (EEC)  No 
95/93, namely to ensure the efficient use of airport capacity and to ensure fair access 
for  all  airlines  to  limited  airport  capacity  thereby  promoting  competition.  The 
adjustment  of  normal  slot  use  requirements  through  a  lower  use-rate  or  extended 
justified non-use exceptions should be strictly targeted to situations where slot relief is 
necessary  and  not  lead  to  unfair  competitive  advantages  for  those  carriers  holding 
historic slots.  

In particular, it is necessary to ensure that air carriers prepared to provide services are 
allowed  to  take  up  unused  capacity  and  that  they  have  the  prospect  of  maintaining 
such slots in the long term. That should maintain air carriers’ incentives to make use of 
airport capacity, which in turn would benefit consumers in terms of connectivity. 

It  is  therefore  necessary  to  lay  down,  in  accordance  with  those  principles  and  for  a 
limited period, the conditions under which air carriers continue to be entitled to series 
of  slots  under  Article  8(2)  and  Article  10(2)  of  Regulation  (EEC)  No  95/93,  and  to 
establish  requirements  for  air  carriers  concerned  to  release  unused  capacity.  The 
period should run from 29 October 2022 until 26 March 2024 in line with the recovery 
forecast of Eurocontrol. 

(10)  The definition of the term ‘new entrant’ should remain broad in order to increase the 
number  of  air  carriers  covered,  thereby  giving  more  air  carriers  the  opportunity  to 
establish and expand their operations.  

(11)  From  29  October  2022  until  26  March  2024,  the  system  of  slot  allocation  should 
continue  to  recognise  the  efforts  of  the  air  carriers  that  have  operated  flights  using 
slots which are part of a series that another air carrier is entitled to under Article 8(2) 
and Article 10(2) of Regulation (EEC) No 95/93, but which have been made available 
to  the  slot  coordinator  for  temporary  reallocation.  Therefore,  air  carriers  that  have 
operated a series of at least five slots should receive priority for the allocation of those 
series in the next equivalent scheduling period, subject to airport capacity availability.  

(12)  To address the impacts of Russia’s military aggression against Ukraine and to support 
the recovery of connectivity between the Union and Ukraine, it is necessary to extend 
the period when operators may rely on the reason set out in Article 10(4), point (a) of 
Regulation (EEC) No 95/93 to justify the non-utilisation of the series  of slots on the 
routes between the Union and Ukraine. 

(13)  Without  prejudice  to  the  obligation  of  Member  States  to  comply  with  Union  law,  in 
particular  with  the  rules  laid  down  in  the  Treaties  and  in  Regulation  (EC)  No 

EN 

10 

  EN 

the  Council10, 

the  European  Parliament  and  of 

1008/2008  of 
the  negative 
consequences  on  passengers’  ability  to  travel  due  to  possible  restrictions  adopted  by 
public  authorities  of  Member  States  or  third  countries  addressing  epidemiological 
situations,  natural  disasters  or  political  unrest,  cannot  be  imputed  to  air  carriers  and 
should  be  mitigated  where  those  measures  significantly  impact  the  viability  or  the 
possibility of travel or the demand on the routes concerned. Mitigations should ensure 
that air carriers should not be penalised for failure to use slots where that failure is the 
result of such restrictions.  

(14)  To  reduce  the  risk  of  competition  distortions  and  ensure  the  efficient  use  of  airport 
capacity, specific relief from the effects of the imposition of restrictions referred to in 
recital  13  should  be  of  limited  duration  and  scope,  to  ensure  that  the  effect  of  the 
mitigation is limited to the period for which it was justified. Therefore, slots covered 
by such mitigations of restrictions referred to in  recital 13, should not count towards 
the  slot  use  percentage  referred  to  in  Article  8(2)  and  Article  10(2)  of  Regulation 
(EEC) No 95/93. 

(15) 

It is necessary to clarify that the provisions on the justified non-use of slots exceptions 
do not apply to air carriers that are the object of restrictive measures adopted pursuant 
to  Article  215  of  the  Treaty  on  the  Functioning  of  the  European  Union,  or  to  air 
carriers subject to an operating ban within the Union which are listed in Annex A or B 
to  Commission  Regulation  (EC)  No  474/200611.  In  order  to  ensure  the  effective 
application  of  those  measures,  the  impossibility  to  invoke  the  provisions  on  the 
justified  non-use  of  slots  exceptions  should  apply  also  to  the  air  carriers  that  are 
already the object of such restrictive measures in force on the date of entry into force 
of this Regulation. 

(16)  The  cooperation  between  coordinators  should  be  strengthened  to  ensure  uniform 
implementation of Regulation (EEC) No 95/93 across the Union. The European Union 
Airport Slot Coordinators Association (EUACA) should continue to issue guidance to 
ensure  a  harmonious  implementation  of  the  Union  rules,  in  particular  regarding  the 
provision  on  the  mitigation  of  the  restrictions  referred  to  in  recital  13.  Whether  the 
mitigation is applied or not is an important piece of information for air carriers when 
planning  their  schedules.  Therefore,  transparent  communication  from  the  side  of 
coordinators  should be ensured.  

(17)  While the provision on the mitigation of the restrictions referred to in recital 13 should 
be interpreted strictly, as it is an exception to the normal slot use requirements, certain 
instances  may  require  common  action  by  all  coordinators  to  ensure  a  level  playing 
field across the Union. Under certain conditions and based on a unanimous decision, 
coordinators should apply that provision to all slots held at coordinated airports.  

(18) 

In order to address the evolving impacts of COVID-19 and direct effects  of Russia’s 
military  aggression  against  Ukraine  on  air  traffic,  and  to  respond  flexibly,  where 
strictly necessary and justified, to the challenges the air transport sector is facing as a 
consequence, the power to adopt acts in accordance with Article 290 of the Treaty on 
the  Functioning  of  the  European  Union  should  be  delegated  to  the  Commission  in 

10 

11 

Regulation (EC) No 1008/2008 of the European Parliament and of the Council of  24 September 2008 
on common rules for the operation of air services in the Community (OJ L 293, 31.10.2008, p. 3).  
Commission  Regulation  (EC)  No  474/2006 of  22  March  2006  establishing  the  Community  list  of  air 
carriers  which  are  subject  to  an  operating  ban  within  the  Community  referred  to  in  Chapter  II  of 
Regulation (EC) No 2111/2005 of the European Parliament and of the Council (OJ L 84, 23.3.2006, p. 
14). 

EN 

11 

  EN 

                                                 
respect of amending the percentage values of the minimum usage rate within a certain 
range and for any scheduling period within the period from 29 October 2022 until 26 
March 2024 in line with Eurocontrol’s forecast recovery.  

(19)  Considering  the  devastating  impact  of  Russia’s  military  aggression  against  Ukraine 
and  to  support  connectivity  to  or  from  Ukraine  in  the  aftermath,  the  power  to  adopt 
acts in accordance with Article 290 of the Treaty on the Functioning of the European 
Union should be delegated to the Commission in respect of amending the percentage 
values  of  the  minimum  usage  rate  within  a  certain  range  for  the  routes  between  the 
Union  and  Ukraine  and  for  any  scheduling  period  from  29  October  2022  until  26 
March 2024. 

(20) 

It is of particular importance that the Commission carries out appropriate consultations 
during its preparatory work, including at expert level, and that those consultations are 
conducted  in  accordance  with  the  principles  laid  down  in  the  Interinstitutional 
Agreement  of  13  April  2016  on  Better  Law-Making12.  In  particular,  to  ensure  equal 
participation  in  the  preparation  of  delegated  acts,  the  European  Parliament  and  the 
Council receive all documents at the same time as Member States’ experts, and their 
experts systematically have access to meetings of Commission expert groups dealing 
with the preparation of delegated acts. 

(21)  Airports,  airport  services  providers  and  air  carriers  need  to  have  information  on 
available capacity for the purpose of adequate planning. Air carriers should continue to 
make available to the coordinator for possible reallocation to other air carriers any slot 
that they do not intend to use at the earliest possible opportunity and no later than three 
weeks before the planned date of their operation. Where the slot use rate is lowered by 
delegated act, air carriers that repeatedly fail to comply with this requirement, should 
not benefit from the reduced threshold. 

(22)  Where a coordinator is satisfied that an air carrier has ceased operations at an airport, 
the  coordinator  should  withdraw  the  slots  from  the  air  carrier  in  question  and  place 
them in the pool for reallocation to other carriers. 

(23)  The prohibition  on air carriers  to  fly into Union airspace in  application of restrictive 
measures  adopted  pursuant  to  Article  215  of  the  Treaty  on  the  Functioning  of  the 
European Union or of an operating ban pursuant to Regulation (EC) No 474/2006 may 
result in the unjustified blocking of slots at Union airports. While slots previously used 
by  such  air  carriers  can  be  re-allocated  on  an  ad  hoc  basis  during  the  scheduling 
season, this does not sufficiently incentivize the efficient use of slots enabling airlines 
to increase long-term competition and connectivity for the benefit of consumers. The 
slots should therefore be withdrawn from the air carriers concerned immediately.  

(24)  Since the objective of this Regulation, namely the establishment of specific rules and 
the relief from the general slot utilisation rules for a limited period of time in order to 
mitigate  the  effects  of  the  Covid-19  crisis  and  Russia’s  military  aggression  against 
Ukraine on air traffic, cannot  be sufficiently achieved by the Member States but  can 
rather, by reason of the scale and effects of the proposed action, 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 to achieve that objective. 

12 

OJ L 123, 12.5.2016, p. 1.  

EN 

12 

  EN 

                                                 
(25) 

In  view  of  the  urgency  entailed  by  the  exceptional  circumstances  related  to  the 
COVID-19  pandemic  and  Russia’s  military  aggression  against  Ukraine,  it  is 
considered to be appropriate to invoke the exception to the eight-week period provided 
for  in  Article  4  of  Protocol  No  1  on  the  role  of  national  Parliaments  in  the  Union, 
annexed  to  the  Treaty  on  European  Union,  to  the  Treaty  on  the  Functioning  of  the 
European  Union  and  to  the  Treaty  establishing  the  European  Atomic  Energy 
Community. 

(26) 

In  order  to  allow  for  the  prompt  application  of  the  measures  provided  for  in  this 
Regulation, it should enter into force as a matter of urgency on the day following that 
of its publication in the Official Journal of the European Union, 

HAVE ADOPTED THIS REGULATION: 

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

Article 1 

(1) in Article 2, point (ba), the introductory wording is replaced by the following: 

‘during the period referred to in Article 10a(5), ‘new entrant’ shall mean:’; 

(2) Article 8 is amended as follows: 

(a) in paragraph 2, first subparagraph, the introductory wording is replaced by the following: 

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

(b) in paragraph 2a, the first subparagraph is  replaced by the following: 

‘During the period referred to in Article 10a(5) and subject to capacity being available at the 
airport, a series of slots which was returned to the slot pool in accordance with paragraph 1 of 
this Article at the end of the scheduling period (the “reference scheduling period”) shall, upon 
request,  be  allocated  for  the  next  equivalent  scheduling  period  to  an  air  carrier  which  has 
operated at least five slots of the series in question following the application of Article 10a(7) 
during the reference scheduling period.’; 

(c) paragraph 6a is replaced by the following: 

‘6a.   Within the period during which COVID-19 coordination parameters apply and in order 
to enable the proper application of such coordination parameters, the coordinator may amend 
the timing of requested or allocated slots falling within the period specified in Article 10a(5) 
or  cancel  them  after  having  heard  the  air  carrier  concerned.  In  this  context,  the  coordinator 
shall  take  into  account  the  additional  rules  and  guidelines  referred  to  in  paragraph  5  of  this 
Article, under the conditions set out therein.’; 

(3) Article 10 is amended as follows: 

(a) 

(b) 

paragraph 2a is repealed;  

paragraph 4 is amended as follows: 

(i) 

the first subparagraph is amended as follows: 

– 

point (d) is replaced by the following:  

‘(d)  judicial  proceedings  concerning  the  application  of  Article  9  for  routes 
where public service obligations have  been imposed according to Article 4 of 

EN 

13 

  EN 

Regulation  (EEC)  No  2408/92  resulting  in  the  temporary  suspension  of  the 
operation of such routes.’; 

– 

point (e) is deleted; 

(ii) 

the second, third, fourth and fifth subparagraphs are deleted; 

(iii) 

the following subparagraph is added: 

‘Where  the  impact  of  Russia’s  military  aggression  against  Ukraine  and  the  destruction  of 
critical infrastructure affects the ability to provide air services as well as demand, coordinators 
shall apply the first subparagraph, point (a), to the routes between the Union and Ukraine for 
the  duration  of  the  airspace  closure  and  an  additional  recovery  period  of  16  weeks.  The 
coordinator shall notify the Commission of the start date and end date of the 16 week period.   

(c) 

the following paragraphs 4a, 4b and 4c are inserted: 

‘4a. During the period referred to in Article 10a(5), the non-utilisation of a slot may also be 
justified  by  the  introduction,  by  public  authorities  of  restrictions  intended  to  address  any 
major epidemiological situation, natural disaster, or political unrest at one end of a route for 
which the slot in question was used or planned to be used on condition that those restrictions 
significantly  impact  the  viability  or  possibility  of  travel  or  the  demand  on  the  routes 
concerned and that the restrictions lead to any of the following: 

(a) 

(b) 

a partial or total closure of the border, airport or airspace during a substantial 
part of the relevant scheduling period; 

a  severe  impediment  to  passengers’  ability  to  travel  with  any  carrier  on  that 
direct  route during a substantial part of the relevant  scheduling period, where 
the  impediment  is  linked  to  any  of  the  following  reasons,  but  not  limited  to 
them: 

– 

– 

– 

– 

travel  restrictions  based  on  nationality  or  place  of  residence, 
prohibition of all except essential travel, or bans on flights from or 
to certain countries or geographical areas, 

restrictions of movement or quarantine or isolation measures within 
the  country  or  region  where  the  airport  of  destination  is  located 
(including  intermediate  points),  unless  quarantine  can  be  avoided 
by  a  negative  test,  proof  of  recovery  or  proof  of  vaccination 
recognised by the Union, 

restrictions  on  the  availability  of  services  essential  to  support 
directly  the  operation  of  an  air  service,  including  the  closure  of 
hospitality  and  public  services,  including  transport,  leading  to  a 
severe downturn in demand at either end of the route,  

limitations on number of passengers per flight and frequencies per 
air carrier leading to a severe downturn in demand at either end of 
the route; 

(c) 

restrictions  on  airline  crew  movements  significantly  hampering  the  operation 
of air services from or to the airports served, including sudden bans on entry or 
the  unexpected  stranding  of  crew  due  to  quarantine  measures,  unless 
quarantine can be avoided by a negative test, proof of recovery or vaccination 
recognised by the Union. 

EN 

14 

  EN 

When  the  non-utilisation  of  a  slot  is  justified  by  the  restrictions  referred  to  in  the  first 
subparagraph,  the  coordinators  shall  disregard  that  slot  and  apply  the  slot  use  percentage 
referred to Article 8(2) and Article 10(2) to the remaining slots of the series. 

This  paragraph shall apply within the period during which the restrictions referred to  in  the 
first subparagraph apply and during up to six additional weeks, within the limits referred to in 
the fourth and fifth subparagraphs. However, where those restrictions cease to apply less than 
six weeks before the end of a scheduling period, this paragraph shall apply to the remainder of 
the six weeks period only where the slots in the subsequent scheduling period are used for the 
same route.  

This paragraph shall only apply to slots used for routes for which they were already used prior 
to the publication of the restrictions referred to in the first subparagraph. 

This paragraph shall cease to apply where the air carrier, using the slots in question, changes 
to a route not affected by the restrictions referred to in the first subparagraph. 

Based  on  an  unanimous  decision  by  coordinators  and  after  notifying  the  Commission, 
coordinators may apply this paragraph to all slots held at Union coordinated airports when a 
majority  of  Member  States  representing  the  majority  of  the  Union  population  applies 
restrictions referred to in the first subparagraph for a substantial part of the scheduling season, 
rendering  air  traffic  in  the  Union  to  a  large  extent  unviable  or  leading  to  an  uneven  level 
playing field.  

 4b.  Paragraphs  4  and  4a  shall  not  apply  to  air  carriers  whose  operations  are  impeded  by 
restrictive measures adopted pursuant to Article 215 of the Treaty on the Functioning of the 
European Union, including those in force on [Date of entry into force of this Regulation] and 
to air carriers subject to an operating ban within the Union which are listed in Annex A or B 
to Commission Regulation (EC) No 474/2006*.  

 4c. Coordinators shall regularly exchange best practices on the implementation of paragraphs 
4 and 4a with the aim of ensuring coherent and consistent application across the Union.  

Coordinators shall publish and regularly update the list of destinations to which paragraphs 4 
and 4a apply.  

___________________ 

* Commission Regulation (EC) No 474/2006 of 22 March 2006 establishing the Community 
list of air carriers which are subject to an operating ban within the Community referred to in 
Chapter II of Regulation (EC) No 2111/2005 of the European Parliament and of the Council 
(OJ L 84, 23.3.2006, p. 14).’;   

(4) Article 10a is amended as follows: 

(a) 

the heading is replaced by the following: 

Allocation of slots in response to the COVID-19 crisis and Russia’s military aggression 
against Ukraine’; 

‘Article 10a 

(b) 

(c) 

paragraphs 1 to 4 are deleted; 

paragraph 5 is replaced by the following: 

EN 

15 

  EN 

 
 
’5. During the period from  29 October 2022 until 26 March 2024, where data published by 
Eurocontrol  clearly  shows  that  weekly  air  traffic  in  each  of  four  consecutive  weeks  falls 
below  80%  of  2019  levels  of  the  corresponding  weeks,  due  to  COVID-19,  other 
epidemiological situations or as a direct effect of Russia’s military aggression against Ukraine 
and that, on the basis of Eurocontrol traffic forecasts, the reduction in the level of air traffic as 
compared to the level in the corresponding period in 2019 is likely to persist, the Commission 
is empowered to adopt delegated acts in accordance with Article 12a to amend the percentage 
values set out in Article 8(2) and Article 10(2) within a range between 0% and 70% for any 
scheduling  period  within  the  period  referred  to  in  this  paragraph.  Where  Eurocontrol  air 
traffic forecasts are closer to 2019 levels  and the majority of indicators show that air traffic 
has  stabilised,  the  Commission  shall  choose  a  higher  value  set    within  that  range.  For  this 
purpose, the Commission shall have regard to all the following elements:  

(a) 

(b) 

data published by Eurocontrol on traffic levels and traffic forecasts; 

indicators relating  to  demand for passenger and  cargo air transport, including 
trends regarding forward bookings, airlines planned schedules, fleet size, fleet 
utilisation, and load factors; 

(c)  measures by public authorities linked to an epidemiological situation resulting 
in  an appreciable effect  on air traffic levels  to  or from  Union airports,  forced 
re-routings due to airspace closures or prohibition on Union air carriers to enter 
a  third  country  airspace  taking  into  account  advice  from  the  European  Union 
Aviation Safety Agency in its Conflict Zone Information Bulletin; 

(d)  data  from  the  European  Centre  for  Disease  Control  and  the  World  Health 
Organisation  on  COVID-19  or  other  epidemiological  situations  characterised 
by  being  highly  contagious  and  likely  to  induce  a  severe  downturn  in  air 
travel.’; 

(d) 

the following paragraph 5a is inserted: 

‘5a. During the period referred to in paragraph 5, where the Commission finds that due to the 
destruction of infrastructure and impact  on living conditions  as a result of Russia’s military 
aggression  against  Ukraine,  the  gradual  restoration  of  air  traffic  between  Ukraine  and  the 
Union  requires  a  lower  use  rate  for  routes  serving  Ukraine,  the  Commission  shall  adopt 
delegated acts in accordance with Article 12a to amend the percentage values set out Article 
8(2) and Article 10(2) within a range between 0% and 70% for slots used on routes to or from 
Ukraine  for  any  scheduling  period  within  the  period  referred  to  in  paragraph  5.  Where 
Eurocontrol air traffic forecasts are closer to 2019 levels and the majority of indicators show 
that  air  traffic  has  stabilised,  the  Commission  shall  choose  a  higher  value  set  within  that 
range. For this purpose, the Commission shall have regard to the following elements: 

(a) 

(b) 

(c) 

data  published  by  Eurocontrol  on  traffic  levels  and  traffic  forecasts  on  routes 
between the Union and Ukraine; 

indicators relating  to  demand for passenger and  cargo air transport, including 
trends regarding forward bookings and airlines planned schedules; 

forced re-routings due to airspace closures or prohibition on Union air carriers 
to enter a third country airspace taking into account advice from the European 
Union Aviation Safety Agency in its Conflict Zone Information Bulletin.’; 

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(e) 

paragraphs 6 and 7 are replaced by the following: 

‘6. Where, in the case of a prolonged impact of COVID-19, other epidemiological situations 
or  direct  effects  of  Russia’s  military  aggression  against  Ukraine,  imperative  grounds  of 
urgency  so  require,  the  procedure  provided  for  in  Article  12b  shall  apply  to  delegated  acts 
adopted pursuant to this Article. 

7.      During  the  period  referred  to  in  paragraph  5,  air  carriers  shall  make  available  to  the 
coordinator for reallocation to other air carriers any slot they do not intend to use, no less than 
three weeks before the date of intended operation. Where an air carrier fails to make available 
to  the  coordinator  more  than  three  slots  in  a  series  in  accordance  with  this  paragraph,  that 
carrier  shall  be  entitled  to  the  entire  series  of  slots  in  the  next  equivalent  scheduling  period 
only if the entire series of slots has been operated by the carrier for at least 80% of the time, 
regardless of whether Article 8(2) and Article 10(2) have been amended by the delegated act 
referred to in this Article.’; 

(5) in Article 12a, paragraph 2 is replaced by the following: 

‘2.      The  power  to  adopt  delegated  acts  referred  to  in  Article  10a  shall  be  conferred  on  the 
Commission until 26 March 2024.’; 

(6) in Article 14, paragraph 6 is amended as follows: 

(a) 

point (c) is replaced by the following: 

‘(c) During the period referred to in Article 10a(5), when a coordinator determines, 
on the basis of information at its disposal, that an air carrier has ceased its operations 
at an airport and is no longer able to operate the slots which it has been allocated, the 
coordinator shall withdraw from that air carrier the series of slots in question for the 
remainder of the scheduling period and place them in the pool, after having heard the 
air carrier concerned.’ ; 

(b) 

the following point (d) is added: 

‘(d) During the period referred to Article 10a(5), when a coordinator determines, on 
the  basis  of  information  at  its  disposal,  that  an  air  carrier  that  is  subject  to  the 
restrictive measures adopted pursuant to Article 215 of the Treaty on the Functioning 
of the European Union, including those in force on [Date of entry into force of this 
Regulation] or an air carrier that is subject to an operating ban within the Union and 
is  listed  in  Annex  A  or  B  to  Regulation  (EC)  No  474/2006,  is  not  able  to  operate 
slots for a substantial part of the season, the coordinator shall withdraw from that air 
carrier the series of slots in question for the remainder of the scheduling period and 
place them in the pool, after having heard the air carrier concerned.’. 

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

Article 2 

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

Done at Brussels, 

For the European Parliament 
The President 

For the Council 
The President 

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