Council Regulation (EEC) No 95/93 of 18 January 1993 on common rules for the allocation of slots at Community airports

Article 1

Scope

Article 2

Definitions

For the purpose of this Regulation:

• (a) ‘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;

• (b) ‘new entrant’ shall mean:
• (i) an air carrier requesting, as part of a series of slots, a slot at an airport on any day, where, if the carrier's request were accepted, it would in total hold fewer than five slots at that airport on that day, or
• (ii) an air carrier requesting a series of slots for a non-stop scheduled passenger service between two Community airports where at most two other air carriers operate the same non-stop scheduled service between these airports or airport systems on that day, where, if the air carrier's request were accepted, the air carrier would nonetheless hold fewer than five slots at that 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 these airports or airport systems on that day, where, if the air carrier's request were accepted, the air carrier would nonetheless hold fewer than five slots at that airport on that day for that non-stop service. An air carrier holding more than 5 % of the total slots available on the day in question at a particular airport, or more than 4 % of the total slots available on the day in question in an airport system of which that airport forms part, shall not be considered as a new entrant at that airport;

• (ba) during the period from 30 October 2022 to 28 October 2023, ‘new entrant’ shall mean:
• (i) an air carrier requesting, as part of a series of slots, a slot at an airport on any day, where, if the carrier’s request were accepted, it would in total hold fewer than seven slots at that airport on that day; or
• (ii) an air carrier requesting a series of slots for a non-stop scheduled passenger service between two Union airports, where at most two other air carriers operate the same non-stop scheduled service between those airports on that day, and where, if the air carrier’s request were accepted, the air carrier would nonetheless hold fewer than nine slots at that airport on that day for that non-stop service. An air carrier which, together with its parent company, its own subsidiaries or the subsidiaries of its parent company, holds more than 10 % of the total slots allocated on the day in question at a particular airport, shall not be considered as a new entrant at that airport;

• (c) ‘direct air service’ shall mean a service between two airports including stopovers with the same aircraft and same flight number;

• (d) ‘scheduling period’ shall mean either the summer or winter season as used in the schedules of air carriers;

• (e) ‘Community air carrier’ shall mean an air carrier with a valid operating licence issued by a Member State in accordance with Council Regulation (EEC) No 2407/92 of 23 July 1992 on licensing of air carriers ([^E0001]);

• (f) - (i) ‘air carrier’ shall mean an air transport undertaking holding a valid operating licence or equivalent at the latest on 31 January for the following summer scheduling period or on 31 August for the following winter scheduling period; for the purpose of Articles 4, 8, 8a, 10 and 10a, the definition of air carrier shall also include business aviation operators, when they operate according to a schedule; for the purposes of Articles 7 and 14, the definition of air carrier shall also include all civil aircraft operators;
• (ii) ‘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;

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

• (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;

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

• (j) ‘managing body of an airport’ shall mean the body 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;

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

• (l) ‘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 license with an instrument rating;

• (m) ‘coordination parameters’ shall mean the expression in operational terms of all the capacity available for slot allocation at an airport during each coordination period, reflecting all technical, operational and environmental factors that affect the performance of the airport infrastructure and its different sub-systems;

• (n) ‘COVID-19 coordination parameters’ shall mean revised coordination parameters resulting in a reduction of available airport capacity at a coordinated airport as a result of specific sanitary measures imposed by Member States in response to the COVID-19 crisis.

Article 3

Conditions for airport coordination

1.

• (a) A Member State shall be under no obligation to designate any airport as schedules facilitated or coordinated save in accordance with the provisions of this Article.

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

• (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

• (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.

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

• (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.

Article 4

The schedules facilitator and the coordinator

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

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

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

• (a) historical slots by airline, chronologically, for all air carriers at the airport,

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

• (c) all allocated slots, and outstanding slot requests, listed individually in chronologcial order, by air carriers, for all air carriers,

• (d) remaining available slots,

• (e) full details on the criteria being used in the allocation.

Article 5

Coordination committee

The tasks of the coordination committee shall be:

• (a) to make proposals concerning or advise the coordinator and/or the Member State on:
• — the possibilities for increasing the capacity of the airport determined in accordance with Article 3 or for improving its usage;
• — the coordination parameters to be determined in accordance with Article 6;
• — the methods of monitoring the use of allocated slots;
• — local guidelines for the allocation of slots or the monitoring of the use of allocated slots, taking into account, inter alia, possible environmental concerns, as provided for in Article 8(5);
• — improvements to traffic conditions prevailing at the airport in question;
• — serious problems encountered by new entrants, as provided for in Article 10(9);
• — all questions relating to the capacity of the airport;

• (b) to mediate between all parties concerned on complaints on the allocation of slots, as provided for in Article 11.

Article 6

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.

The parameters shall be communicated to the airport coordinator in good time before the initial slot allocation takes place for the purpose of scheduling conferences.

Article 7

Information for schedules facilitators and coordinators

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

Article 8

Process of slot allocation

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

• — that air carrier can demonstrate to the satisfaction of the coordinator that the series of slots in question has been operated, as cleared by the coordinator, by that air carrier for at least 80 % of the time during the scheduling period for which it has been allocated.

In such 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).

2a. During the period from 30 October 2022 to 28 October 2023, 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.

In the event that more than one applicant fulfils the requirements of the first subparagraph, priority shall be given to the air carrier that has operated the greater number of slots of that series.

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, after having heard the air carrier concerned, amend the timing of requested or allocated slots falling within the period from 30 October 2022 to 28 October 2023 or cancel them. In this context, the coordinator shall take into account the additional rules and guidelines referred to in paragraph 5, subject to the conditions set out therein.

Article 8a

Slot mobility

• (a) transferred by an air carrier from one route or type of service to another route or type of service operated by that same air carrier;

• (b) transferred:
• (i) between parent and subsidiary companies, and between subsidiaries of the same parent company,
• (ii) as part of the acquisition of control over the capital of an air carrier,
• (iii) in the case of a total or partial take-over when the slots are directly related to the air carrier taken over;

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

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

• (b) limitations imposed according to Article 9 are respected;

• (c) a transfer of slots does not fall within the scope of paragraph 3.

3.

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

• (b) Slots allocated to a new entrant as defined in Article 2(b)(ii) and (iii) or in Article 2(ba)(ii) 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.

• (c) Slots allocated to a new entrant as defined in Article 2(b) or (ba) may not be exchanged as provided for in paragraph 1(c) of this Article for a period of two equivalent scheduling periods, except in order to improve the slot timings for these services in relation to the timings initially requested.

Article 8b

Exclusion of compensation claims

The entitlement to series of slots referred to in Article 8(2) shall not give rise to any claims for compensation in respect of any limitation, restriction or elimination thereof imposed under Community law, in particular in application of the rules of the Treaty relating to air transport. This Regulation shall not affect the powers of public authorities to require the transfer of slots between air carriers and to direct how these are allocated pursuant to national competition law or to Articles 81 or 82 of the Treaty or Council Regulation (EEC) No 4064/89 of 21 December 1989 on the control of concentrations between undertakings ([^E0002]). These transfers can only take place without monetary compensation.

Article 9

Public service obligations

Article 10

Slot pool

• (a) unforeseeable and unavoidable circumstances outside the air carrier's control leading to:
• — grounding of the aircraft type generally used for the air service in question;
• — closure of an airport or airspace;
• — serious disturbance of operations at the airports concerned, including those series of slots at other Community airports related to routes which have been affected by such disturbance, during a substantial part of the relevant scheduling period;

• (b) interruption of air services due to action intended to affect these services which makes it practically and/or technically impossible for the air carrier to carry out operations as planned;

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

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

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

4a. In addition, during the period from 30 October 2022 to 28 October 2023, 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 operated or planned to be operated, on condition that those restrictions significantly impact the possibility of, or demand for, travel, and that, on the routes concerned, the restrictions lead to any of the following:

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

• (b) a severe impediment to the ability of passengers to travel with any carrier on that direct route during a substantial part of the relevant scheduling period, for example, where the impediment is linked to any of the following reasons:
• — travel restrictions based on nationality or place of residence, the 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 directly support 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 that significantly hamper the operation of air services to or from 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.

This paragraph shall apply for the period in which the restrictions referred to in the first subparagraph apply and for up to 6 additional weeks, subject to the third and fourth subparagraphs. However, where those restrictions cease to apply less than 6 weeks before the end of a scheduling period, this paragraph shall apply to the remainder of the 6-week 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.

When a majority of Member States representing at least 50 % of the population of the Union apply restrictions referred to in the first subparagraph which significantly impact the possibility of, or demand for, travel and lead to any of the situations referred to in points (a) to (c) of the first subparagraph, each coordinator may, following a unanimous decision by coordinators of all Community coordinated airports to the effect that non-utilisation of slots is justified in general and its notification by them to the Commission and the Member States, apply this paragraph to all slots held at such airports for the duration of the restrictions that are in force and for up to 6 additional weeks, provided that those restrictions affect a significant number of routes to or from a Community airport, thereby rendering air traffic in the Union to a large extent unviable or leading to an uneven level playing field.

4b. When the non-utilisation of a slot is justified by the restrictions referred to in paragraph 4 or 4a, the coordinators shall consider that the slot was operated within the series of slots concerned.

4c. Air carriers whose operations are impeded by restrictive measures adopted pursuant to Article 29 of the Treaty on European Union (TEU) or Article 215 of the Treaty on the Functioning of the European Union (TFEU), including those in force on 26 October 2022 and 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 ([^E0003]) shall not be entitled to invoke a justification for the non-utilisation of slots under paragraphs 4 and 4a of this Article.

However, by way of derogation from the first subparagraph, where such air carriers are permitted to operate wet-leased aircraft of an air carrier whose operations are not impeded by such restrictive measures and which is not subject to such an operating ban, they may invoke a justification for the non-utilisation of slots under paragraphs 4 and 4a, provided that safety rules applicable in the Union are complied with.

4d. 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.

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

Slots allocated to one air carrier may be used by (an)other air carrier(s) participating in a joint operation, provided that the designator code of the air carrier to whom the slots are allocated remains on the shared flight for coordination and monitoring purposes. Upon discontinuation of such operations, the slots so used will remain with the air carrier to whom they were initially allocated. Air carriers involved in shared operations shall advise coordinators of the detail of such operations prior to the beginning of such operations.

Article 10a

Allocation of slots in response to certain crisis situations

When adopting those delegated acts, the Commission shall have regard to all the following elements:

• (a) data published by Eurocontrol on traffic levels and traffic forecasts;

• (b) 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 the COVID-19 crisis or another epidemiological situation resulting in an significant effect on air traffic levels to or from Union airports, forced re-routings due to airspace closures or a 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 another epidemiological situation characterised as highly contagious and likely to induce a severe downturn in air travel.

In view of the preparation of schedules by air carriers ahead of the scheduling period, the Commission shall endeavour to adopt those delegated acts pursuant to this paragraph before the start of the scheduling period, in order to allow air carriers to plan their flight schedules. The Commission may adopt such acts during the scheduling period in case of unforeseen circumstances.

5a. Where the Commission finds that due to the destruction of infrastructure and impact on living conditions as a result of Russia’s war of 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 is empowered to adopt delegated acts in accordance with Article 12a to amend the percentage values set out in paragraph 3 of this Article and in Article 8(2), Article 10(2) and (4) and Article 14(6), first subparagraph, within a range between 0 % and 70 % for slots used on routes to or from Ukraine for any scheduling period falling between 30 October 2022 and 28 October 2023.

When adopting those delegated acts, the Commission shall have regard to the following elements:

• (a) data published by Eurocontrol on traffic levels and traffic forecasts on routes between the Union and Ukraine;

• (b) indicators relating to demand for passenger and cargo air transport, including trends in forward bookings and planned airline schedules;

• (c) 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.

Article 11

Complaints and rights of appeal

Article 12

Relations with third countries

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

• (b) does not grant Community air carriers de facto national treatment, or

• (c) grants air carriers from other third countries more favourable treatment than Community air carriers,

the Commission may, in accordance with the procedure referred to in Article 13(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.

Article 12a

Exercise of the delegation

Article 12b

Urgency procedure

Article 13

Committee procedure

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

Article 14

Enforcement

Without prejudice to Article 10(4) and (4a), if after an allotted time corresponding to 20 % of the period of the series validity no slots of that series of slots have been used, the coordinator shall place the series of slots in question in the pool for the remainder of the scheduling period, after having heard the air carrier concerned.

During the period from 30 October 2022 until 28 October 2023, 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.

During the period from 30 October 2022 until 28 October 2023, 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 29 TEU or Article 215 TFEU, including those in force on 26 October 2022, 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 scheduling period, the coordinator shall, after having heard the air carrier concerned, withdraw from that air carrier the series of slots in question for the remainder of the scheduling period and place them in the pool.

However, where an air carrier is subject to an operating ban within the Union and is listed in Annex A or B to Regulation (EC) No 474/2006, and is permitted to operate wet-leased aircraft of an air carrier whose operations are not impeded by such restrictive measures and which is not subject to such an operating ban, the fourth subparagraph of this paragraph shall not apply to that carrier’s slots, provided that safety rules applicable in the Union are complied with.

Article 14a

Report and cooperation

Article 15

Entry into force

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

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

[^E0001]: OJ No L 240, 24.8.1992, p. 1.

[^E0002]: OJ L 395, 30.12.1989, p. 1. Regulation as last amended by Regulation (EC) No 1310/97 (OJ L 180, 9.7.1997, p. 1).

[^E0003]: 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).

[^E0004]: OJ L 184, 17.7.1999, p. 23.