+COUNCIL REGULATION (EEC) No 95/93 of 18 January 1993 on common rules for the allocation of slots at Community airports
---+Article 1 Scope
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---+Article 2 Definitions
---+Article 3 Conditions for airport coordination
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------+Article 3 ►M37.◄
---+Article 4 The schedules facilitator and the coordinator
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---+Article 5 Coordination committee
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---+Article 6 Coordination parameters
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---+Article 7 Information for schedules facilitators and coordinators
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---+Article 8 Process of slot allocation
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---+Article 8a Slot mobility
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---+Article 8b Exclusion of compensation claims
---+Article 9 Public service obligations
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---+Article 10 Slot pool
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---+Article 10a Allocation of slots in response to certain crisis situations
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---+Article 11 Complaints and rights of appeal
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---+Article 12 Relations with third countries
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---+Article 12a Exercise of the delegation
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---+Article 12b Urgency procedure
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---+Article 13 Committee procedure
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---+Article 14 Enforcement
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---+Article 14a Report and cooperation
------+Article 14a 1.
------+Article 14a 2.
---+Article 15 Entry into force
English - European Union - Aviation -

COUNCIL REGULATION (EEC) No 95/93 of 18 January 1993 on common rules for the allocation of slots at Community airports

COUNCIL REGULATION (EEC) No 95/93

of 18 January 1993

on common rules for the allocation of slots at Community airports

This Regulation shall be binding in its entirety and directly applicable in all Member States.

1. Přehled

,
Název Regulace
Article 1 Scope
Article 2 Definitions

Article 2

Definitions

For the purpose of this Regulation:

▼M3

(a) 

‘slot’ shall mean the permission given by a coordinator in accordance with this Regulation to use the full range of airport infrastructure necessary to operate an air service at a coordinated airport on a specific date and time for the purpose of landing or take-off as allocated by a coordinator in accordance with this Regulation;

(b) 

‘new entrant’ shall mean:

(i) 

an air carrier requesting, as part of a series of slots, a slot at an airport on any day, where, if the carrier's request were accepted, it would in total hold fewer than five slots at that airport on that day, or

(ii) 

an air carrier requesting a series of slots for a non-stop scheduled passenger service between two Community airports where at most two other air carriers operate the same non-stop scheduled service between these airports or airport systems on that day, where, if the air carrier's request were accepted, the air carrier would nonetheless hold fewer than five slots at that airport on that day for that non-stop service, or

(iii) 

an air carrier requesting a series of slots at an airport for a non-stop scheduled passenger service between that airport and a regional airport where no other air carrier operates a direct scheduled passenger service between these airports or airport systems on that day, where, if the air carrier's request were accepted, the air carrier would nonetheless hold fewer than five slots at that airport on that day for that non-stop service.

An air carrier holding more than 5 % of the total slots available on the day in question at a particular airport, or more than 4 % of the total slots available on the day in question in an airport system of which that airport forms part, shall not be considered as a new entrant at that airport;

▼M7

(ba) 

►M10  during the period from 30 October 2022 to 28 October 2023, ‘new entrant’ shall mean: ◄

(i) 

an air carrier requesting, as part of a series of slots, a slot at an airport on any day, where, if the carrier’s request were accepted, it would in total hold fewer than seven slots at that airport on that day; or

(ii) 

an air carrier requesting a series of slots for a non-stop scheduled passenger service between two Union airports, where at most two other air carriers operate the same non-stop scheduled service between those airports on that day, and where, if the air carrier’s request were accepted, the air carrier would nonetheless hold fewer than nine slots at that airport on that day for that non-stop service.

An air carrier which, together with its parent company, its own subsidiaries or the subsidiaries of its parent company, holds more than 10 % of the total slots allocated on the day in question at a particular airport, shall not be considered as a new entrant at that airport;

▼B

(c) 

‘direct air service’ shall mean a service between two airports including stopovers with the same aircraft and same flight number;

(d) 

‘scheduling period’ shall mean either the summer or winter season as used in the schedules of air carriers;

(e) 

‘Community air carrier’ shall mean an air carrier with a valid operating licence issued by a Member State in accordance with Council Regulation (EEC) No 2407/92 of 23 July 1992 on licensing of air carriers ( 1 );

▼M3

(f) 
(i) 

►M10  ‘air carrier’ shall mean an air transport undertaking holding a valid operating licence or equivalent at the latest on 31 January for the following summer scheduling period or on 31 August for the following winter scheduling period; for the purpose of Articles 4, 8, 8a, 10 and 10a, the definition of air carrier shall also include business aviation operators, when they operate according to a schedule; for the purposes of Articles 7 and 14, the definition of air carrier shall also include all civil aircraft operators; ◄

(ii) 

‘group of air carriers’ shall mean two or more air carriers which together perform joint operations, franchise operations or code-sharing for the purpose of operating a specific air service;

(g) 

‘coordinated airport’ shall mean any airport where, in order to land or take off, it is necessary for an air carrier or any other aircraft operator to have been allocated a slot by a coordinator, with the exception of State flights, emergency landings and humanitarian flights;

▼B

(h) 

‘airport system’ shall mean two or more airports grouped together and serving the same city or conurbation, as indicated in Annex II to Regulation (EEC) No 2408/92;

▼M3

(i) 

‘schedules facilitated airport’ shall mean an airport where there is potential for congestion at some periods of the day, week or year which is amenable to resolution by voluntary cooperation between air carriers and where a schedules facilitator has been appointed to facilitate the operations of air carriers operating services or intending to operate services at that airport;

(j) 

‘managing body of an airport’ shall mean the body which, in conjunction with other activities or otherwise, has the task under national laws or regulations of administering and managing the airport facilities and coordinating and controlling the activities of the various operators present at the airport or within the airport system concerned;

(k) 

‘series of slots’ shall mean at least five slots having been requested for the same time on the same day of the week regularly in the same scheduling period and allocated in that way or, if that is not possible, allocated at approximately the same time;

(l) 

‘business aviation’ shall mean that sector of general aviation which concerns the operation or use of aircraft by companies for the carriage of passengers or goods as an aid to the conduct of their business, where the aircraft are flown for purposes generally considered not for public hire and are piloted by individuals having, at a minimum, a valid commercial pilot license with an instrument rating;

(m) 

‘coordination parameters’ shall mean the expression in operational terms of all the capacity available for slot allocation at an airport during each coordination period, reflecting all technical, operational and environmental factors that affect the performance of the airport infrastructure and its different sub-systems;

▼M7

(n) 

‘COVID-19 coordination parameters’ shall mean revised coordination parameters resulting in a reduction of available airport capacity at a coordinated airport as a result of specific sanitary measures imposed by Member States in response to the COVID-19 crisis.

▼B

Article 3 Conditions for airport coordination
Article 4 The schedules facilitator and the coordinator
Article 5 Coordination committee
Article 6 Coordination parameters
Article 7 Information for schedules facilitators and coordinators
Article 8 Process of slot allocation
Article 8a Slot mobility
Article 8b Exclusion of compensation claims

Article 8b

Exclusion of compensation claims

The entitlement to series of slots referred to in Article 8(2) shall not give rise to any claims for compensation in respect of any limitation, restriction or elimination thereof imposed under Community law, in particular in application of the rules of the Treaty relating to air transport. This Regulation shall not affect the powers of public authorities to require the transfer of slots between air carriers and to direct how these are allocated pursuant to national competition law or to Articles 81 or 82 of the Treaty or Council Regulation (EEC) No 4064/89 of 21 December 1989 on the control of concentrations between undertakings ( 2 ). These transfers can only take place without monetary compensation.

Article 9 Public service obligations
Article 10 Slot pool
Article 10a Allocation of slots in response to certain crisis situations
Article 11 Complaints and rights of appeal
Article 12 Relations with third countries
Article 12a Exercise of the delegation
Article 12b Urgency procedure
Article 13 Committee procedure
Article 14 Enforcement
Article 14a Report and cooperation
Article 15 Entry into force

Article 15

Entry into force

This Regulation shall enter into force on the thirtieth day following that of its publication in the Official Journal of the European Communities.

1.1 Odkazy

1.2 Identifikované požadavky

1.3 Související standardy

2. Identifikované požadavky

Požadavky
Zdroj Požadavek

3. Související standardy

Standardy
Zdroj Požadavek

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