The Airports Slot Allocation (Alleviation of Usage Requirements) (No. 3) Regulations 2022 No. 1107

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This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

Statutory Instruments

2022 No. 1107

Civil Aviation

The Airports Slot Allocation (Alleviation of Usage Requirements) (No. 3) Regulations 2022

Made

26th October 2022

Coming into force-

29th October 2022

The Secretary of State makes these Regulations in exercise of the powers conferred by Article 10aa and paragraph 3 of Article 13 of Council Regulation (EEC) No 95/93of 18 January 1993 on common rules for the allocation of slots at United Kingdom airports( 1).

In accordance with paragraph 1a of Article 13 of that Regulation, a draft of this instrument has been laid before Parliament and approved by a resolution of each House of Parliament.

The Secretary of State considers that, as a result of severe acute respiratory syndrome coronavirus 2, there has been a reduction in the level of air traffic in a period compared to the corresponding period in a relevant previous year, and that the reduction is likely to persist.

Citation, commencement, extent and application

1.—(1) These Regulations may be cited as the Airports Slot Allocation (Alleviation of Usage Requirements) (No. 3) Regulations 2022 and they come into force on 29th October 2022.

(2) These Regulations extend to, and apply in relation to airports located in, England and Wales and Scotland.

Amendment of Council Regulation (EEC) No 95/93

2.—(1)  Council Regulation (EEC) No 95/93of 18 January 1993 on common rules for the allocation of slots at United Kingdom airports is amended as follows.

(2) In Article 2(n) (definition of ‘required percentage’), after “29 October 2022;” insert—

(3) In Article 10 (slot pool), at the end of paragraph 4(f) insert—

;

(g) in relation to slots with a date falling within the scheduling period from 30 October 2022 until 25 March 2023, government-imposed measures related to severe acute respiratory syndrome coronavirus 2 which meet all of conditions (i) to (iv) below:

(i) the measures apply at either end of the route for which the slots in question were used or planned to be used;

(ii) the measures take the form of any of the following affecting the route, or a significant number of passengers or crew on the route:

(iii) the measures severely reduce the viability of, or demand for passenger travel on, the route for part or all of the period to which the slots relate; and

(iv) any one or more of the following applies:

(4) In Article 10a, after paragraph 3a insert—

3b.   For the purposes of Articles 8(2), 10(2) and 14(6), the coordinator shall consider up to 10% of the slots allocated to an air carrier at an airport for the period from 30 October 2022 until 25 March 2023 as having been operated by that air carrier if the air carrier:

(a) had the right to use the same slots during the scheduling period from 31 October 2021 until 26 March 2022, or received the slots following a transfer or exchange which took effect before 31 August 2022 pursuant to Article 8a;

(b) returned the slots to the coordinator during the period from 1 September 2022 until 7 September 2022, for reallocation to other air carriers;

(c) did not, during the period from 1 September 2022 until 14 September 2022, request any slots or any re-timing of slots; and

(d) has not, on or after 29 October 2022, given written notification to the coordinator or the managing body of the airport that it has permanently ceased, or will before 29 October 2023 permanently cease, to operate air services at that airport, or publicly issued a written statement to that effect. .

(5) In Article 14 (enforcement), in paragraph 6(c), after “29 October 2022;” insert—

Signed by authority of the Secretary of State for Transport

Vere

Parliamentary Under Secretary of State

Department for Transport

26th October 2022

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations make amendments to retained EU law in the field of aviation, relating to the allocation of slots at congested airports. They amend Council Regulation (EEC) No 95/93of 18 January 1993 on common rules for the allocation of slots at United Kingdom airports (“ the Regulation”), to make provision about the allocation of airport slots to air carriers in respect of specified periods, as a result of a reduction in the level of air traffic as a result of COVID-19.

Under Articles 8(2) and 10(2) of the Regulation, air carriers are generally required to return airport slots to the slot coordinator at the end of the scheduling period for which they were allocated, unless they operated the series of slots for at least 80% of the time or the non-utilisation can be justified on the basis of certain reasons listed in Article 10(4).

These Regulations make three changes in relation to slots allocated for the scheduling period which runs from 30th October 2022 to 25th March 2023, which will affect reallocation of the same slots for the equivalent period from 29th October 2023 to 30th March 2024:

A full impact assessment has not been produced for this instrument as it makes provision which is to have effect for a period of less than 12 months. An Explanatory Memorandum has been published alongside this instrument atwww.legislation.gov.uk.

( 1)

EUR 1993/95, amended by section 12 of the Air Traffic Management and Unmanned Aircraft Act 2021 (c. 12)and by S.I. 2019/276, 2021/100, 2021/185, 2021/1200, 2022/368and 2022/822.


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