Commission sets 50% slot use ratio for winter

27 July 2021: The Commission has adopted a delegated act on the slot regulation that sets a new usage ratio of 50 per cent for the winter season 21–22. Under the new delegated act, force majeure remains, though other provisions adopted in February for the summer season 2021, such as de minimis rule and early return, will fall.

Despite the encouraging air travel recovery signs, the Commission acknowledges that there remains uncertainty on the evolution of the COVID-19 crisis and the EUROCONTROL forecasts. As a result, airlines cannot be expected to comply with the normal 80 per cent slot utilisation rate over the forthcoming winter 2021/2022 scheduling period, running from 31 October 2021 to 26 March 2022.

The Commission believes that the threshold rate of 50 per cent for winter 2021/22 strikes the balance between protecting airline networks and optimising the use of scarce airport capacity that is most favourable for consumers. Unexpected developments negatively affecting the market, or specific markets, can be addressed through the force majeure clause, which has demonstrated its effectiveness in the summer 2021 scheduling period.

Article 10a 3/ has been amended as follows:

In Article 10a of Regulation (EEC) No 95/93, paragraph 3 is replaced by the following:

“3. In respect of slots which have not been made available to the coordinator for reallocation in accordance with Article 10(2a), during the period from 28 March 2021 until 26 March 2022 and for the purposes of Articles 8(2) and 10(2), if an air carrier demonstrates to the satisfaction of the coordinator that the series of slots in question has been operated, as cleared by the coordinator, by that air carrier for at least 50% of the time during the scheduling period of 28 March 2021 to 30 October 2021, and 50% of the time during the scheduling period of 31 October 2021 to 26 March 2022, the air carrier shall be entitled to the same series of slots for the next equivalent scheduling period.

In respect of the period referred to in the first subparagraph of this paragraph, the percentage values referred to in Article 10(4) and in point (a) of Article 14(6) shall be 50% for the scheduling period of 28 March 2021 to 30 October 2021, and 50% for the scheduling period of 31 October 2021 to 26 March 2022.”

The intense advocacy efforts from airlines associations together with many individual airlines and Member States (18 MS had written to the Commission asking for a maximum ration of 40 per cent), have at least watered down the initial proposal from the Commission to go for a 60 per cent usage ratio.