Regulation 2021/250 - Amendment of Council Regulation (EEC) No 95/93 as regards temporary relief from the slot utilisation rules at Union airports due to the COVID-19 crisis

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1.

Current status

This regulation has been published on February 19, 2021 and entered into force on February 20, 2021.

2.

Key information

official title

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
 
Legal instrument Regulation
Number legal act Regulation 2021/250
Original proposal COM(2020)818 EN
CELEX number i 32021R0250

3.

Key dates

Document 16-02-2021; Date of signature
Publication in Official Journal 19-02-2021; OJ L 58 p. 1-8
Signature 16-02-2021
Effect 20-02-2021; Entry into force Date pub. +1 See Art 2
End of validity 31-12-9999

4.

Legislative text

19.2.2021   

EN

Official Journal of the European Union

L 58/1

 

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)

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,

Having regard to the opinion of the European Economic and Social Committee (1),

After consulting the Committee of the Regions,

Acting in accordance with the ordinary legislative procedure (2),

Whereas:

 

(1)

The COVID-19 crisis has led to a sharp drop in air traffic because of a significant fall in demand and direct measures taken by the Member States and third countries to contain the spread of COVID-19. The impact on air carriers has been detrimental since 1 March 2020, and this is likely to continue in the years to come.

 

(2)

Those circumstances are beyond the control of air carriers and have led to the voluntary or obligatory cancellation of their air services. In particular, voluntary cancellations protect the financial health of air carriers and avoid the negative environmental impact caused by operating empty or largely-empty flights only to retain their slots.

 

(3)

Figures published by Eurocontrol, which is the network manager for the air traffic network functions of the single European sky, indicate a continued year-on-year fall in air traffic of around 74 % as of mid-June 2020.

 

(4)

It is not possible, on the basis of known forward bookings, Eurocontrol forecasts and epidemiological forecasts, to predict when the period of severely depressed demand caused by the COVID-19 crisis is likely to end. According to the latest Eurocontrol forecasts, air traffic in February 2021 will be around half of the level of February 2020. Forecasts extending beyond that date depend on a number of unknown factors, such as the availability of COVID-19 vaccines. Under these circumstances, air carriers that fail to use their slots in accordance with the slot utilisation rate set out in Council Regulation (EEC) No 95/93 (3) 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.

 

(5)

Those rules should at the same time address potentially negative impacts on air carrier competition. In particular, it is necessary to ensure that air carriers prepared to provide services are allowed to take up unused capacity and that they have the prospect of maintaining such slots in the long term. This should maintain air carriers’ incentives to make use of airport capacity, which in turn would benefit consumers.

 

(6)

It is therefore necessary to lay down, in accordance with these principles and for a limited period, the conditions under which air carriers continue to be entitled to series of slots under Articles 8(2) and 10(2) of Regulation (EEC) No 95/93, and to establish requirements for air carriers concerned to release unused capacity.

 

(7)

For the period during which air transport is negatively affected by the COVID-19 crisis, the definition of the term ‘new entrant’ should be broadened in order to increase the number of air carriers covered, thereby giving more air carriers the opportunity to establish and expand their operations if they so wish. However, it is necessary to restrict the privileges corresponding to air carriers covered by that...


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This text has been adopted from EUR-Lex.

5.

Original proposal

 

6.

Sources and disclaimer

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