Meddelelse fra Kommisjonen til Europaparlamentet, Rådet, Den økonomiske og sosiale komite og Regionkomiteen om anvendelse av forordning (EF) nr. 95/93 om felles regler for tildeling av rutetider ved Fellesskapets flyplasser, som endret
Bakgrunn (fra Kommisjonens meddelelse)
On 21 April 2004 the Parliament and the Council adopted Regulation (EC) No 793/20041 amending council Regulation (EEC) No 95/93 on common rules for the allocation of slots at Community airports (the “Regulation”). The amendments were aimed at improving the efficient use of scarce capacity at congested Community airports, while not fundamentally altering the existing system of slot allocation. To that end Regulation (EC) No 793/2004 introduced new provisions with regard to market access and new entrants, enforcement and the independence of the coordinator.
The obligation laid upon Member States to ensure the introduction of sanctions to prevent slot abuse at coordinated airports has fostered a better use of existing capacity. The process of slot allocation has been improved through a number of new or modified provisions, such as a new definition of what constitutes a series of slots, further strengthening of the use-it-or-lose-it provisions, the possibility for air carriers to re-time slots before allocation to optimise schedules, and more leeway for Member States to introduce local rules and guidelines at congested airports to improve the efficient use of scarce capacity.
Despite these new provisions, stakeholders and Member States consider that a number of provisions are still not fully or completely implemented.
This conclusion is underpinned by the Commission Report on the application of the slot Regulation, which concluded that there is a need to ensure better implementation in a number of areas with which stakeholders have experienced particular difficulties.
First, despite the obligation on Member States to guarantee the functional and financial independence of the coordinator at coordinated airports, there still appear to be cases of insufficient application of these requirements in some Member States, which could impede the coordinator’s functioning under the Regulation in a neutral, non-discriminatory and transparent way.
Second, in some Member States significant problems remain with ensuring full transparency of the information that coordinators and schedules facilitators hold regarding historical, requested, allocated and available slots. This could hinder a more efficient use of slots and distort competition as not all interested parties may have the same degree of access to this schedule data.
Third, while local guidelines have the potential to allow for the better use of the existing slots at coordinated airports, it should be ensured that they comply with Community law. Fourth, at a number of congested Community airports, air carriers exchange slots for monetary and other consideration. Some doubts have been raised regarding the compatibility of such exchanges with the Regulation.
Finally, there is a greater need for effective consistency between slots and flight plans in order to avoid slot abuse and to guarantee compliance with the Regulation, as evidence suggests that verification of flight plans against slots rarely takes place in a systematic manner, even though the possibility to do so is provided for in the Regulation.
The purpose of this Communication is to state the Commission’s views with regard to above mentioned issues. This Communication draws from -and elaborates on- the Commission’s, Member States’ and stakeholders’ experience with the application of the revised Regulation since its entry into force on 21 April 2004.