xmlns:atom="http://www.w3.org/2005/Atom" xmlns:atom="http://www.w3.org/2005/Atom"

[F1Article 10U.K.Slot pool

1.The coordinator shall set up a pool, which shall contain all the slots not allocated on the basis of Article 8(2) and 8(4). All new slot capacity determined pursuant to Article 3(3) shall be placed in the pool.

2.A series of slots that has been allocated to an air carrier for the operation of a scheduled or a programmed non-scheduled air service shall not entitle that air carrier to the same series of slots in the next equivalent scheduling period if the air carrier cannot demonstrate to the satisfaction of the coordinator that they have been operated, as cleared by the coordinator, by that air carrier for at least [F2the required percentage] of the time during the scheduling period for which they have been allocated.

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3.Slots allocated to an air carrier before 31 January for the following summer season, or before 31 August for the following winter season, but which are returned to the coordinator for reallocation before those dates shall not be taken into account for the purposes of the usage calculation.

4.If the [F4required percentage] usage of the series of slots cannot be demonstrated, all the slots constituting that series shall be placed in the slot pool, unless the non-utilisation can be justified on the basis of any of the following reasons:

(a)unforeseeable and unavoidable circumstances outside the air carrier's control leading to:

(b)interruption of air services due to action intended to affect these services which makes it practically and/or technically impossible for the air carrier to carry out operations as planned;

(c)serious financial damage for a [F6UK] air carrier concerned, with, as a result, the granting of a temporary license by the licensing authorities pending financial reorganisation of the air carrier in accordance with Article 5(5) of Regulation (EEC) No 2407/92;

(d)judicial proceedings concerning the application of Article 9 for routes where public service obligations have been imposed according to Article 4 of Regulation (EEC) No 2408/92 resulting in the temporary suspension of the operation of such routes;

F7(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F8(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F9(g). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F10(h)in relation to slots with a date falling within a time when there are government-imposed measures relating to a pandemic, epidemic or other outbreak of disease which meet all of conditions (i) to (iv) below—

(i)the measures apply at either end of the route for which the slots in question were used or planned to be used;

(ii)the measures take the form of any of the following affecting the route, or a significant number of passengers or crew on the route—

(aa)flight bans or border closures;

(bb)quarantine or self-isolation requirements;

(cc)requirements to test negative for the disease in question before undertaking air travel or before entry into the territory of the government concerned;

(dd)official government advice against all but essential travel;

(ee)the total closure of, or severe restrictions on the availability of, airports, or essential ground handling services or other businesses essential to support aviation;

(ff)severe restrictions on the number of passengers permitted on flights or in airports;

(gg)severe or total closure of accommodation, surface travel or other essential tourist services; or

(hh)significant restrictions on onward travel which is booked along with the flight as part of a package;

(iii)the measures severely reduce the viability of, or demand for passenger travel on, the route for part or all of the period to which the slots relate; and

(iv)one or more of the following applies—

(aa)the measures are in effect at the date the slots are due to be operated;

(bb)the measures were in effect for a maximum of three weeks before that date; or

(cc)the measures were in effect for more than three weeks before that date, the government imposing the measures made an official announcement relating to their duration which made it reasonable to expect that they would remain in effect until that date, and the air carrier made the slots available to the coordinator for reallocation.]

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6.Without prejudice to Article 8(2) of this Regulation and without prejudice to Article 8(1) of Regulation (EEC) No 2408/92, slots placed in the pool shall be distributed among applicant air carriers. 50 % of these slots shall first be allocated to new entrants unless requests by new entrants are less than 50 %. The coordinator shall treat the requests of new entrants and other carriers fairly, in accordance with the coordination periods of each scheduling day.

Among requests from new entrants, preference shall be given to air carriers qualifying for new entrant status under both Article 2(b)(i) and (ii) or Article 2(b)(i) and (iii).

7.A new entrant which has been offered a series of slots within one hour before or after the time requested but has not accepted this offer shall not retain its new entrant status for that scheduling period.

8.In the case of services operated by a group of air carriers, only one of the participating air carriers can apply for the required slots. The air carrier operating such a service assumes responsibility for meeting the operating criteria required to maintain historical precedence referred to in Article 8(2).

Slots allocated to one air carrier may be used by (an)other air carrier(s) participating in a joint operation, provided that the designator code of the air carrier to whom the slots are allocated remains on the shared flight for coordination and monitoring purposes. Upon discontinuation of such operations, the slots so used will remain with the air carrier to whom they were initially allocated. Air carriers involved in shared operations shall advise coordinators of the detail of such operations prior to the beginning of such operations.

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Textual Amendments