EN
23.2.2022
Official Journal of the European Union
L 42/1
II (Non-legislative acts)
REGULATIONS COMMISSION DELEGATED REGULATION (EU) 2022/255 of 15 December 2021 amending Council Regulation (EEC) No 95/93 as regards the extension of measures for temporary relief from the slot utilisation rules due to the COVID-19 crisis
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union, Having regard to Council Regulation (EEC) No 95/93 of 18 January 1993 on common rules for the allocation of slots at Community airports (1), and in particular Article 10a(5) thereof, Whereas: (1)
Air traffic levels in the European Economic Area (EEA) have been consistently higher in 2021, compared to the same weeks in 2020 after the start of the COVID-19 crisis, showing that recovery is continuing.
According to the Eurocontrol forecast, the annual average air traffic is expected to reach 89 % in 2022, on the basis of the most realistic forecast scenario.
(2)
Air traffic is not recovering at the same rate in all regions of the world and in a number of countries restrictive sanitary measures adopted by public authorities to mitigate the spread of COVID-19 remain, and continue to depress consumer demand.
Further, the evolution of COVID-19 and possible new variants of concern remains uncertain.
(3)
Such circumstances are beyond the control of air carriers and consequent voluntary or obligatory cancellations of air services by air carriers in line with evolving demand is a necessary or legitimate response to those circumstances.
(4)
Pursuant to Article 8(2) of Regulation (EEC) No 95/93, read in conjunction with Article 10(2), air carriers are to use at least 80 % of a slot series allocated to them, or lose historical precedence for those slots, known as the ‘use-it-orlose-it-rule’.
In light of the COVID-19 crisis, and to protect the financial health of air carriers and avoid the negative environmental impact of empty or largely-empty flights operated only for the purpose of maintaining underlying airport slots, the ‘use-it-or-lose-it’ rule was suspended from 1 March 2020 until 27 March 2021, and reduced to 50 % from 28 March 2021 until 26 March 2022.
(5)
Despite a continuing increase in EEA air traffic levels in 2021, they still remain below 2019 traffic levels.
Eurocontrol data shows that in October 2021 air traffic was overall 27 % below 2019 levels.
(6)
Based on the seven-year Eurocontrol forecast of 15 October 2021, under the most likely scenario, traffic levels would in 2022 reach an annual average of 89 % of the corresponding 2019 levels.
On the basis of the available Eurocontrol monthly forecasts for 2021 and the available Eurocontrol annual average for 2022, air traffic during the summer 2022 scheduling period is expected to be between 85 % and more than 89 % of 2019 levels.
However, 2019 levels would only be achieved by the end of 2023.
Therefore, it is reasonable to assume that the decrease compared to 2019 air traffic levels is likely to persist during the summer 2022 scheduling period.
(1) OJ L 14, 22.1.1993, p. 1.