Council Regulation (EEC) No 95/93Show full title

Article 3 U.K. Conditions for airport coordination

[F1 1. (a) [F2 The Secretary of State] shall be under no obligation to designate any airport as schedules facilitated or coordinated save in accordance with the provisions of this Article.

(b) [F2 The Secretary of State] shall not designate an airport as coordinated save in accordance with the provisions of paragraph 3.]

2. [F3 The Secretary of State] may, however, provide for any airport to be designated as a [F1 schedules facilitated airport] provided that principles of transparency, neutrality and non-discrimination are met.

[F1 3. [F4 Where an airport has no designation status, or is designated as schedules facilitated, a thorough capacity analysis must be carried out when the managing body of the airport considers it necessary, or within six months:]

(i)

following a written request from air carriers representing more than half of the operations at an airport or from the managing body of the airport when either considers that capacity is insufficient for actual or planned operations at certain periods; or

(ii)

upon request from the [F5 Secretary of State], in particular where an airport is in reality accessible only for air carriers that have been allocated slots or where air carriers and in particular new entrants encounter serious problems in securing landing and take off possibilities at the airport in question.

This analysis, based on commonly recognised methods, shall determine any shortfall in capacity, taking into account environmental constraints at the airport in question. The analysis shall consider the possibilities of overcoming such shortfall through new or modified infrastructure, operational changes, or any other change, and the time frame envisaged to resolve the problems. It shall be updated if paragraph 5 has been invoked, or when there are changes at the airport influencing significantly its capacity and capacity usage. Both the analysis and the method used shall be made available to the parties having requested the analysis and, upon request, to other interested parties. The analysis shall be communicated to the [F6 Secretary of State] at the same time.]

[F1 4. On the basis of the analysis, the [F7 Secretary of State] shall consult on the capacity situation at the airport with the managing body of the airport, the air carriers using the airport regularly, their representative organisations, representatives of general aviation using the airport regularly and air traffic control authorities.

5. Where capacity problems occur for at least one scheduling period, [F8 the Secretary of State may designate an airport] as coordinated for the relevant periods only if:

(a) the shortfall is of such a serious nature that significant delays cannot be avoided at the airport, and

(b) there are no possibilities of resolving these problems in the short term.

6. By way of derogation from paragraph 5, [F9 the Secretary of State] may, in exceptional circumstances, designate as coordinated the airports affected for the appropriate period.]

[F1 7.] When a capacity sufficient to meet actual or planned operations is provided at a [F1 coordinated airport], its desgination as a fully coordinated airport shall be lifted.

Textual Amendments

F1 Substituted by Regulation (EC) No 793/2004 of the European Parliament and of the Council of 21 April 2004 amending Council Regulation (EEC) No 95/93 on common rules for the allocation of slots at Community airports.

F2 Words in Art. 3(1) substituted (31.12.2020) by The Airports Slot Allocation (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/276), regs. 1, 8(2); 2020 c. 1, Sch. 5 para. 1(1)

F3 Words in Art. 3(2) substituted (31.12.2020) by The Airports Slot Allocation (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/276), regs. 1, 8(2); 2020 c. 1, Sch. 5 para. 1(1)

F4 Words in Art. 3(3) substituted (31.12.2020) by The Airports Slot Allocation (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/276), regs. 1, 8(3)(a); 2020 c. 1, Sch. 5 para. 1(1)

F5 Words in Art. 3(3)(ii) substituted (31.12.2020) by The Airports Slot Allocation (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/276), regs. 1, 8(3)(b); 2020 c. 1, Sch. 5 para. 1(1)

F6 Words in Art. 3(3) substituted (31.12.2020) by The Airports Slot Allocation (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/276), regs. 1, 8(3)(c); 2020 c. 1, Sch. 5 para. 1(1)

F7 Words in Art. 3(4) substituted (31.12.2020) by The Airports Slot Allocation (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/276), regs. 1, 8(4); 2020 c. 1, Sch. 5 para. 1(1)

F8 Words in Art. 3(5) substituted (31.12.2020) by The Airports Slot Allocation (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/276), regs. 1, 8(5); 2020 c. 1, Sch. 5 para. 1(1)

F9 Words in Art. 3(6) substituted (31.12.2020) by The Airports Slot Allocation (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/276), regs. 1, 8(6); 2020 c. 1, Sch. 5 para. 1(1)