Regulation 2022/2038 - Amendment of Council Regulation (EEC) No 95/93 as regards temporary relief from the slot utilisation rules at Union airports due to an epidemiological situation or military aggression - Main contents

EN

Official Journal of the European Union

L 275/14

Council Regulation (EEC) No 95/93 (3) was amended several times since the beginning of the COVID-19 crisis as the requirement set by that Regulation to operate at least 80 % of a series of slots to maintain the right to the same series of slots in the next equivalent scheduling period became unsustainable for air carriers in light of highly reduced air traffic levels.

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

Nevertheless, due to the COVID-19 crisis, the situation in the aviation sector remains highly uncertain. As was the case at the end of 2021, new COVID-19 variants can appear and cause sudden reactions from both national authorities and consumers that can in turn negatively affect air traffic. Furthermore, certain long-haul markets continue to be affected by sanitary measures which severely impede air traffic.

Russia’s war of 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.

State-imposed travel restrictions for sanitary reasons and the impossibility of entering the airspace of what has become a war zone are beyond the control of air carriers. These circumstances can lead to the voluntary or obligatory cancellation of their air services or adjustment of schedules. In particular, voluntary cancellations protect the financial health of air carriers and at the same time avoid the negative environmental impact caused by operating flights only to retain their slots.

Under those circumstances, air carriers that fail to use their slots in accordance with the slot utilisation rate set out in Regulation (EEC) No 95/93 should not automatically lose the precedence in respect of the series of slots, laid down in Articles 8(2) and 10(2) of that Regulation, that they might otherwise enjoy. This Regulation should establish specific rules to this effect.

At the same time, it is important to recall the objectives of Regulation (EEC) No 95/93, which are namely to ensure the efficient use of airport capacity and to ensure fair access for all air carriers 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...