On Thursday 14 January, the EU Council working group on aviation examined a first draft compromise on the new Commission proposal for a regulation on the allocation of slots at EU airports (see EUROPE 12625/9).
The main aim of this proposal is to allow a gradual return to the European rule obliging airlines to use at least 80% of their slots at European airports - a rule from which airlines that can no longer operate under normal conditions due to the health crisis have been exempted since March (see EUROPE 12456/17, 12559/6).
At the beginning of the week, the text received a very lukewarm reception in the European Parliament (see EUROPE 12634/10). On the Council’s side, several of the changes contained in the draft compromise studied on Thursday, a copy of which EUROPE has obtained, precisely echo the criticisms made by MEPs.
The main change introduced by the Portuguese Presidency concerns the threshold for the mandatory use of slots.
Indeed, the Commission suggests that a threshold be reintroduced for the period from 28 March to 30 October 2021, not at 80%, but at 40%, thus obliging companies to use at least 40% of their slots to keep them from one season to the next. The Council’s draft compromise recommends the reintroduction of a 50% threshold.
A proposal that is in line with the recommendations of the Worldwide Airport Slot Board (WASB). On Monday, several MEPs were surprised that the Commission’s position differed from the recommendations.
Possibility of extensions revised downwards
Secondly, the proposed Regulation confers on the Commission the right to adopt delegated acts enabling it to extend, if necessary, the period of validity of the text until 24 August 2024.
The Council’s draft compromise somewhat curbs this ambition and suggests that the Commission may only act in this way for “a period of two years from the entry into force of the Regulation”.
Surprised that the Commission is allowing itself to intervene over such a long period of time, Filip Cornelis, head of ‘Aviation’ at the Commission’s Directorate General for Transport (DG MOVE), explained to the MEPs that the institution was relying on Eurocontrol’s projections and was assuming that the effects of the health crisis could be strongly felt in the years to come.
“Of course, we will not make use of this delegation of power if the conditions are not met”, he said.
Finally, the draft compromise contains a number of adjustments concerning provisions specific to new market entrants.
In addition, several points have been added to the list of reasons that can justify the non-use of the minimum threshold of mandatory slots by an airline. For example, measures taken to limit the spread of Covid-19 may result in: - a complete ban on flights to or from certain countries or geographical areas; - quarantine or isolation measures within the country or region where the airport of destination is located; - restrictions imposed on the movement of airline crews which significantly hamper the operation of air services. And “crews stranded in unexpected locations due to quarantine measures”, the text states. (Original version in French by Agathe Cherki)