Regulation (EU) 2021/250 of the European Parliament and of the Council of 16 February 2021 amending Council Regulation (EEC) No 95/93 as regards temporary relief from the slot utilisation rules at Union airports due to the COVID-19 crisis (Text with EEA relevance)

‘1 Air carriers operating or intending to operate at a schedules facilitated or coordinated airport shall submit to the schedules facilitator or coordinator respectively all relevant information requested by them. All relevant information shall be provided in the format and within the time-limit specified by the schedules facilitator or coordinator. In particular, an air carrier shall inform the coordinator, at the time of the request for allocation, whether it would benefit from the status of new entrant, in accordance with Article 2(b) or (ba), in respect of requested slots.’;

‘2 Without prejudice to Articles 7, 8a and 9, Article 10(1) and (2a) and Article 14, paragraph 1 of this Article shall not apply when the following conditions are satisfied:’;

‘2a During the period referred to in Article 10a(3), 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, provided that the series of slots has not already been allocated to the carrier originally holding that series for the next equivalent scheduling period in accordance with paragraph 2 of this Article. 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 amend the timing of requested or allocated slots falling within the period specified in Article 10a(3) or cancel them after having heard the air carrier concerned. In this context, the coordinator shall take into account additional rules and guidelines referred to in paragraph 5 of this Article, under the conditions set out therein.’;

‘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.’;

‘2a Notwithstanding paragraph 2, a series of slots allocated for the scheduling period from 28 March 2021 until 30 October 2021 shall entitle the air carrier to the same series of slots for the scheduling period from 27 March 2022 until 29 October 2022 if the air carrier has made the complete series of slots available to the coordinator for reallocation before 28 February 2021. This paragraph shall only apply to series of slots which had been allocated to the same carrier for the scheduling period from 29 March 2020 until 24 October 2020. The number of slots in respect of which the air carrier in question may benefit under this paragraph shall be limited to a number equivalent to 50 % of the slots which were allocated to the same carrier for the scheduling period from 29 March 2020 until 24 October 2020 except for an air carrier allocated fewer than 29 slots per week on average during the previous equivalent scheduling period at the airport in question.’;

1 For the purposes of Articles 8(2) and 10(2), coordinators shall consider slots allocated for the period from 1 March 2020 until 27 March 2021 as having been operated by the air carrier to which they were initially allocated.

2 For the purposes of Articles 8(2) and 10(2), coordinators shall consider slots allocated for the period from 23 January 2020 until 29 February 2020 as having been operated by the air carrier to which they were initially allocated, as regards air services between airports in the Union and airports either in the People’s Republic of China or in the Hong Kong Special Administrative Region of the People’s Republic of China.

3 In respect of slots which have not been made available to the coordinator for reallocation in accordance with Article 10(2a), during the period from 28 March 2021 until 30 October 2021 and for the purposes of Articles 8(2) and 10(2), if an air carrier demonstrates 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 50 % of the time during the scheduling period for which it has been allocated, the air carrier shall be entitled to the same series of slots for the next equivalent scheduling period. In respect of the period referred to in the first subparagraph of this paragraph, the percentage values referred to in Article 10(4) and in point (a) of Article 14(6) shall be 50 %.

4 In respect of slots with a date from 9 April 2020 until 27 March 2021, paragraph 1 shall only apply where the air carrier returned the relevant unused slots to the coordinator for reallocation to other air carriers.

5 Where the Commission finds, on the basis of data published by Eurocontrol, which is the network manager for the air traffic network functions of the single European sky, that the reduction in the level of air traffic as compared to the level in the corresponding period in 2019 is persisting and, on the basis of Eurocontrol traffic forecasts, is likely to persist, and also finds, on the basis of the best available scientific data, that this situation is the result of the impact of the COVID-19 crisis, the Commission shall adopt delegated acts in accordance with Article 12a to amend the period specified in paragraph 3 of this Article accordingly. The Commission is empowered to adopt, where strictly necessary in order to address the evolving impact of the COVID-19 crisis on air traffic levels, delegated acts in accordance with Article 12a to amend the percentage values referred to in paragraph 3 of this Article within a range between 30 % and 70 %. For this purpose, the Commission shall take into account changes that have occurred since 20 February 2021, on the basis of the following elements: (a) data published by Eurocontrol on traffic levels and traffic forecasts; (b) the evolution of air traffic trends during the scheduling periods, taking into account the evolution observed since the start of the COVID-19 crisis; and (c) indicators relating to demand for passenger and cargo air transport, including trends regarding fleet size, fleet utilisation, and load factors. Delegated acts pursuant to this paragraph shall be adopted no later than 31 December for the following summer scheduling period and no later than 31 July for the following winter scheduling period.

6 Where, in the case of a prolonged impact of the COVID-19 crisis on the air transport sector in the Union, 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 3, 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 operation.’;

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