Regulation 2020/459 - Amendment of Council Regulation (EEC) No 95/93 on common rules for the allocation of slots at Community airports - Main contents
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Regulation (EU) 2020/459 of the European Parliament and of the Council of 30 March 2020 amending Council Regulation (EEC) No 95/93 on common rules for the allocation of slots at Community airports| Legal instrument | Regulation |
|---|---|
| Number legal act | Regulation 2020/459 |
| Original proposal | COM(2020)111  |
| CELEX number i | 32020R0459 |
| Document | 30-03-2020; Date of signature |
|---|---|
| Publication in Official Journal | 31-03-2020; OJ L 99 p. 1-4 |
| Signature | 30-03-2020 |
| Effect | 01-04-2020; Entry into force Date pub. +1 See Art 2 |
| End of validity | 31-12-9999 |
31.3.2020 |
EN |
Official Journal of the European Union |
L 99/1 |
REGULATION (EU) 2020/459 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 30 March 2020
amending Council Regulation (EEC) No 95/93 on common rules for the allocation of slots at Community airports
(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,
After consulting the European Economic and Social Committee,
After consulting the Committee of the Regions,
Acting in accordance with the ordinary legislative procedure (1),
Whereas:
(1) |
The outbreak of COVID-19 has led to a sharp drop in air traffic as a result of a significant fall in demand and direct measures taken by the Member States as well as third countries to contain the outbreak. The consequent serious impact on air carriers set in as early as January 2020 in respect of the People’s Republic of China and Hong Kong Special Administrative Region of the People’s Republic of China, has been pervasive since 1 March 2020, and is likely to affect at least two scheduling periods, those of winter 2019/2020 and summer 2020. |
(2) |
Those circumstances are beyond the control of air carriers and the consequent voluntary or obligatory cancellation of air services by air carriers is a necessary or legitimate response to those circumstances. In particular, voluntary cancellations 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. |
(3) |
Figures published by Eurocontrol, which is the network manager for the air traffic network functions of the single European sky, indicate a year-on-year fall of approximately 10 % in air traffic for the European region in the first half of March 2020. Air carriers are reporting large falls in forward bookings and are implementing significant cancellations of flights into the ‘winter 2019/2020’ and ‘summer 2020’ scheduling periods as a result of the outbreak. |
(4) |
Under Article 8(2) of Council Regulation (EEC) No 95/93 (2), read in conjunction with Article 10(2) thereof, the failure by an air carrier to operate at least 80 % of a series of slots which it has been allocated at a coordinated airport threatens the historical precedence for these slots. |
(5) |
Article 10(4) of Regulation (EEC) No 95/93 allows slot coordinators to disregard, for the purpose of calculating historical precedence, the non-operation of airport slots for periods during which the air carrier is unable to operate the planned air services due to, for example, airport closures. However, that Article does not address situations like the outbreak of COVID-19. It is therefore appropriate to amend Regulation (EEC) No 95/93 accordingly. |
(6) |
In light of known forward bookings and epidemiological forecasts, it can reasonably be expected at this stage that a significant number of cancellations attributable to the outbreak of COVID-19 will occur over the period between 1 March 2020 and at least 24 October 2020. The non-utilisation of slots allocated for this period should not lead to air carriers losing the historical precedence that they would otherwise enjoy. It is therefore necessary to define the conditions under which non-operated slots should be considered as having been operated for those purposes, in respect of the corresponding following season. |
(7) |
Slots at coordinated airports are a valuable economic resource. Despite the general fall in air traffic, the cancellation of air services should, however,... |
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