Regulation (EU) 2020/459

What it is

to allow airlines to adapt their capacity in view of the reduced demand caused by the coronavirus epidemic (COVID-19). PROPOSED ACT: Regulation of the European Parliament and of the Council. ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure on an equal footing with the Council. BACKGROUND: the current Regulation (EEC) No 95/93 contains a ‘use-it-or-lose-it’ rule, whereby air carriers must use at least 80% of their allocated slots within a given scheduling period (summer or winter) in order to keep precedence in respect of the same series of slots within the corresponding scheduling period of the next year (so-called ‘grandfather rights’). The European Parliament adopted by 686 votes to 0, with 2 abstentions, a legislative resolution on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EEC) No 95/93 on common rules for the allocation of slots at Community airports. The European Parliament adopted its position at first reading in accordance with the ordinary legislative procedure. As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act. In view of the drop in the number of flights caused by the coronavirus epidemic, the Regulation provides for the temporary suspension of the rules governing the allocation of take-off and landing slots to airlines in order to avoid aircraft flying half-empty during the pandemic. The principle of the mandatory use by airlines of their take-off and landing slots for fear of permanent loss (use-it-or-lose-it rule) shall thus be lifted for the period from 1 March 2020 to 24 October 2020. The derogation shall also apply retroactively from 23 January to 29 February 2020 for flights between the EU and China or Hong Kong. The Commission may extend the period during which the measures apply, if necessary by means of delegated acts. It shall base these decisions on the most recent available information published by Eurocontrol and relevant scientific advice. PURPOSE: to temporarily suspend the rules on airport slots in order to help airlines adapt their capacity in view of the reduced demand caused by the coronavirus epidemic (COVID 19). LEGISLATIVE ACT: Regulation (EU) 2020/459 of the European Parliament and of the Council amending Council Regulation (EEC) No 95/93 on common rules for the allocation of slots at Community airports. CONTENT: in view of the fall in the number of flights caused by the coronavirus epidemic, the Regulation amending Regulation (EEC) No 95/93 provides for the temporary suspension of the rules on airport slots which oblige airlines to use at least 80% of their take-off and landing slots in order to be able to retain them the following year (‘use-it-or-lose-it’ rule). Air carriers have reported significant decline in bookings and cancellations of flights for the winter 2019/2020 and summer 2020 scheduling periods due to the spread of COVID-19. The waiver is designed to help air carriers cope with the sharp drop in air traffic caused by the coronavirus crisis and to prevent aircraft from flying half-empty…

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