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

Changes over time for: Article 10a

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[F1Article 10aU.K.

[F21.For the purposes of Articles 8(2) and 10(2), coordinators shall consider slots allocated for the period from 1 March 2020 until [F330 October 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 [F4United Kingdom] 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 with a date [F5from 9 April 2020 to 30 October 2021], paragraph 1 shall only apply where the relevant unused slots have been made available to the coordinator for reallocation to other air carriers.

3a.[F6For the purposes of Articles 8(2), 10(2) and 14(6), the coordinator shall consider up to 30% of the slots allocated to an air carrier at an airport for the period from 9 July 2022 until 29 October 2022 as having been operated by that air carrier if the air carrier:

(a)had the right to use the same slots during the scheduling period from 28 March 2021 until 30 October 2021, or received the slots following a transfer or exchange which took effect before 31 January 2022 pursuant to Article 8a;

(b)returned the slots to the coordinator during the period from 25 June until 8 July 2022, and at least 14 days before the date the slots were due to be operated, for possible reallocation to other air carriers;

(c)notified passengers of the cancellation of the flights at least 14 days before the date on which the flights were due to depart; and

(d)has not, on or after 25 June 2022, given written notification to the coordinator or the managing body of the airport that it has permanently ceased, or will before 26 March 2023 permanently cease, to operate air services at that airport, or publicly issued a written statement to that effect.]

[F73b. For the purposes of Articles 8(2), 10(2) and 14(6), the coordinator shall consider up to 10% of the slots allocated to an air carrier at an airport for the period from 30 October 2022 until 25 March 2023 as having been operated by that air carrier if the air carrier:

(a)had the right to use the same slots during the scheduling period from 31 October 2021 until 26 March 2022, or received the slots following a transfer or exchange which took effect before 31 August 2022 pursuant to Article 8a;

(b)returned the slots to the coordinator during the period from 1 September 2022 until 7 September 2022, for reallocation to other air carriers;

(c)did not, during the period from 1 September 2022 until 14 September 2022, request any slots or any re-timing of slots; and

(d)has not, on or after 29 October 2022, given written notification to the coordinator or the managing body of the airport that it has permanently ceased, or will before 29 October 2023 permanently cease, to operate air services at that airport, or publicly issued a written statement to that effect.]

[F83c.For the purposes of Articles 8(2), 10(2) and 14(6), the coordinator shall consider up to 5% of the slots allocated to an air carrier at an airport for the period from 26 March 2023 until 28 October 2023 as having been operated by that air carrier if the air carrier:

(a)had the right to use the same slots during the scheduling period from 27 March 2022 until 29 October 2022, or received the slots following a transfer or exchange which took effect before 31 January 2023 pursuant to Article 8a;

(b)returned the slots to the coordinator during the period from 1 February 2023 until 14 February 2023, for reallocation to other air carriers;

(c)did not, during the period from 1 February 2023 until 21 February 2023, request any slots or any re-timing of slots; and

(d)has not, on or after 25 March 2023, given written notification to the coordinator or the managing body of the airport that it has permanently ceased, or will before 31 March 2024 permanently cease, to operate air services at that airport, or publicly issued a written statement to that effect.]

[F93d.For the purposes of Articles 8(2), 10(2) and 14(6), the coordinator shall consider up to 5% of the slots allocated to an air carrier at an airport for the period from 29 October 2023 until 30 March 2024 as having been operated by that air carrier if the air carrier:

(a)had the right to use the same slots during the scheduling period from 30 October 2022 until 25 March 2023, or received the slots following a transfer or exchange which took effect before 31 August 2023 pursuant to Article 8a;

(b)returned the slots to the coordinator during the period from 1 September 2023 until 14 September 2023, for reallocation to other air carriers;

(c)did not, during the period from 1 September 2023 until 21 September 2023, request any slots or any re-timing of slots; and

(d)has not, on or after 28 October 2023, given written notification to the coordinator or the managing body of the airport that it has permanently ceased, or will before 27 October 2024 permanently cease, to operate air services at that airport, or publicly issued a written statement to that effect.]

4.Where the [F10Secretary of State] finds, on the basis of figures published by Eurocontrol [F11or other relevant data] that the reduction in the level of air traffic as compared to the level in the corresponding period in the previous year is persisting and 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 outbreak of COVID-19, the [F12Secretary of State may by regulations] amend the period specified in paragraph 1 accordingly.