[ParlTrack]

Proposal for a regulation
Recital 4

(4) The slot-allocation system established in 1993 does not ensure the optimum allocation and use of slots and thus of airport capacity. In the context of growing airport congestion and the limited development of major new airport infrastructure, the slots are a rare resource. Access to such resources is of crucial importance for the provision of air transport services and for the maintenance of effective competition. To this end, the allocation and use of slots could be made more effective ~~by introducing market mechanisms,~~ by ensuring that the unused slots are made available to interested operators as soon as possible and in a transparent manner, and by reinforcing the underlying principles of the system with regard to the allocation, management and use of the slots. At the same time, although the historical slots meet the need for stability in schedules for the airlines, during the future assessment of the application of this Regulation, a gradual introduction of other market mechanisms could be envisaged, such as withdrawing and auctioning historical slots.

2012/09/17
Committee: TRAN

Christine DE VEYRAC, Michel DANTIN

Proposal for a regulation
Recital 7

(7) The current slot allocation system should be adapted to the development of the market mechanisms used in certain airports for transferring or exchanging slots. In its Communication to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions on the application of Regulation No 95/93 on common rules for the allocation of slots at Community airports, the Commission undertook to make an appropriate proposal if it became apparent that revision of the existing legislation was required for competition or other reasons.deleted

2012/09/17
Committee: TRAN

Christine DE VEYRAC, Michel DANTIN

Proposal for a regulation
Recital 8

(8) Experience has shown that secondary trading, that is the exchange of slots for financial or other compensation, does not benefit from a uniform and consistent legislative framework, including guarantees of transparency and competitive safeguards. It is therefore necessary to regulate secondary trading in slots in the European Union.deleted

2012/09/17
Committee: TRAN

Christine DE VEYRAC, Michel DANTIN

Proposal for a regulation
Recital 15

(15) The Member State responsible for the schedules facilitated or coordinated airport should ensure the appointment of a schedules facilitator or a coordinator whose neutrality should be unquestioned. To this end, the coordinators' role and that of the schedules facilitators should be enhanced. Provision should be made for the legal, organisational, decision-making and financial independence of the coordinators with regard to stakeholders, the Member State and bodies subordinate to that State. To prevent the coordinator's activity and that of the schedules facilitator suffering from a lack of financial, technical or human resources or expertise, Member States should ensure that the coordinators have all the resources needed for their work.

2012/09/17
Committee: TRAN

Christine DE VEYRAC, Michel DANTIN

Proposal for a regulation
Recital 16

(16) Additional obligations should be introduced for air carriers with regard to sending information to the coordinators and schedules facilitators. Provision should be made for additional penalties for omitting information or sending false or misleading information. For network airports, the air carriers should have the obligation to communicate their flight intentions or other relevant information requested by the coordinator or schedules facilitator.

2012/09/17
Committee: TRAN

Dominique RIQUET, Michel DANTIN

Proposal for a regulation
Recital 23

(23) Since the environmental aspects may be taken into account in the coordination parameters and regional connectivity can also be fully ensured in the context of the public service obligations, experience has not shown that local rules are useful. Furthermore, it cannot be excluded that such rules do not lead to discrimination in allocating slots. Consequently, the option of resorting to local rules should be restricted. All the technical, operational, performance and environmental constraints that should be applied by the coordinators or the facilitators should be defined in the coordination parameters. The resort to local rules would also be reduced to supervising the use of slots and the possibility of reducing the length of the series of slots in the cases provided for by this Regulation. With a view to promoting better use of airport capacity, two basic principles in slot allocation should be reinforced, namely the definition of the series of slots and the calculation of historical slots. At the same time, the flexibility given to air carriers should be better regulated with a view to preventing distortions during the application of this Regulation in the Member States. Therefore, better use of airport capacity should be encouraged.deleted

2012/09/17
Committee: TRAN

Christine DE VEYRAC, Michel DANTIN

Proposal for a regulation
Recital 24

(24) To allow air carriers to adapt to imperative situations of urgency, such as a marked decline in traffic or an economic crisis that severely affects the activity of air carriers, affecting a lager part of the scheduling period, the Commission should be allowed to adopt urgent measures to ensure the consistency of measures to be taken at coordinated airports. These measures will allow air carriers to retain priority in allocating the same series for the following scheduling period even if the 850% rate has not been met.

2012/09/17
Committee: TRAN

Michel DANTIN

Proposal for a regulation
Recital 26

(26) Experience shows that a significant number of slots are returned to the pool too late to be reallocated effectively. The airport managing body should be encouraged to use the airport charge system to discourage this type of behaviour. Despite having recourse to this mechanism, the airport managing body should not, however, discourage air carriers from entering the market or developing services.deleted

2012/09/17
Committee: TRAN

Christine DE VEYRAC, Michel DANTIN

Proposal for a regulation
Article 2 – paragraph 1 – point 13

13) 'series of slots' shall mean at least 15 slots ~~for a summer scheduling period and 10 slots for a winter~~requested for the same scheduling period re~~quested~~gularly for the same time on the same day of the week for consecutive weeks and regularly allocated by the coordinator ~~on that basis~~ or, if that is not possible, allocated at approximately the same time;

2012/09/17
Committee: TRAN

Michel DANTIN

Proposal for a regulation
Article 5 – paragraph 3 – subparagraph 2

The financing referred to under point (c) shall be provided by the air carriers who operate in the coordinated airports and by the airports in such a way as to ensure that the financial burden is distributed equitably among all interested parties and that the financing does not largely depend on a sole interested party. The Member States shall ensure that the financial, human, technical and material resources and expertise required by the coordinator for carrying out his duties are at his disposal at all times. To that effect, Member States shall establish a charge for coordination activities, payable by all air carriers operating from coordinated airports and to the coordinator for the carrying-out of his duties;

2012/09/17
Committee: TRAN

Dominique RIQUET, Michel DANTIN

Proposal for a regulation
Article 6 – paragraph 3 – subparagraph 1 – point d

d) remaining available slots with respect to each type of constraint taken into consideration in the coordination parameters. The database shall allow the air carriers and airports to verify the availability of slots corresponding to their requests ;

2012/09/17
Committee: TRAN

Michel DANTIN

Proposal for a regulation
Article 8 – paragraph 3 – subparagraph 1

The coordination committee shall draw up written rules of procedure covering, inter alia participation, elections, the frequency of meetings, ~~and~~the voting system applicable to suggested local guidelines and the language(s) used.

2012/09/17
Committee: TRAN

Michel DANTIN

Proposal for a regulation
Article 8 – paragraph 3 – subparagraph 2

Any member of the coordination committee may propose local guidelines as provided for in Article 9(8). ~~At the request of the coordinator, t~~The coordination committee shall discuss suggested local guidelines, and issue an advisory opinion on these following a vote. A report of the discussions in the coordination committee and any agreement on local guidelines shall be submitted to the Member State concerned with an indication of the respective positions stated within the committee. This report shall also be communicated to the performance review body and the network manager .

2012/09/17
Committee: TRAN

Michel DANTIN

Proposal for a regulation
Article 9 – paragraph 8

8. The coordinator shall also take into account additional guidelines established by the air transport industry world-wide or Union -wide as well as local guidelines proposed by the coordination committee and approved by the Member State or any other competent body responsible for the airport in question, provided that such guidelines do not affect the independent status of the coordinator, comply with Union law, aim at improving the efficient use of airport capacity and have been notified in advance to and pre-approved by the Commission . The local guidelines ~~may only~~shall concern the allocation of slots, supervision of the use of slots allocated orand the amendment of the definition of the series of slots ~~for reducing its length below 10 slots for the winter scheduling period or below 15 slots for the summer scheduling period~~, but under no circumstances below 5 slots. The reduction of the length of the series of slots applies only in airports where demand for air services is highly seasonable.

2012/09/17
Committee: TRAN

Christine DE VEYRAC, Michel DANTIN

Proposal for a regulation
Article 10 – paragraph 2 – point b

b) that air carrier can demonstrate 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 850 % of the time during the scheduling period for which it has been allocated.

2012/09/17
Committee: TRAN

Dominique RIQUET, Michel DANTIN

Proposal for a regulation
Article 10 – paragraph 4 – subparagraph 2

~~Slots coinciding with public holidays shall be incorporated into the series for the following season without any need to justify their non-use.~~deleted

2012/09/17
Committee: TRAN

Christine DE VEYRAC, Michel DANTIN

Proposal for a regulation
Article 10 – paragraph 5 – subparagraph 1 – introductory part

If the 850 % usage of the series of slots cannot be demonstrated, the priority provided under paragraph (2) shall not be given , unless the non-utilisation can be justified on the basis of any of the following reasons:

2012/09/17
Committee: TRAN

Michel DANTIN

Proposal for a regulation
Article 11

1. The managing body of a coordinated airport may decide to use the airport charge system with the aim of dissuading air carriers from belatedly returning slots to the pool referred to in Article 9 and to hold them liable for having reserved airport infrastructure without using it. The following principles shall be respected: a) the procedure set out under Article 6 of Directive 2009/12/EC of the European Parliament and of the Council shall be observed before this decision is taken. The coordinator shall also be consulted. For coordinated airports not covered by Article 1(2) of Directive 2009/12/EC, the airport managing body shall consult the coordination committee and the coordinator; b) this decision shall not affect the non- discriminatory and transparent character of the slot allocation process and the system of airport charges; c) this decision shall not discourage air carriers from developing services or entering the market and it shall be limited to covering the costs incurred by the airport for reserving the airport capacity corresponding to the slots which remained unused; d) air carriers shall not be held liable for having reserved airport infrastructure without using it for slots allocated but returned to the pool before 31 January for the following summer scheduling period or before 31 August for the following winter scheduling period, for slots coinciding with public holidays and returned to the pool before the same dates and for slots for which the non-use can be justified on the basis of Article 10(5); e) this decision shall be communicated to the coordinator, the interested parties and the Commission at least six months before the start of the scheduling season concerned. 2. The coordinator shall send the airport managing body all the information necessary for the implementation of the decision referred to in the first paragraph.Article 11 deleted Slot reservation

2012/09/17
Committee: TRAN

Christine DE VEYRAC, Michel DANTIN

Proposal for a regulation
Article 13

Slot transfers and exchanges 1. Slots may be: a) transferred by an air carrier from one route or type of service to another route or type of service operated by that same air carrier; b) transferred between two air carriers, with or without monetary or any other kind of compensation; c) exchanged, one for one, between air carriers, with or without monetary or any other kind of compensation . 2. The Member State shall establish a transparent framework to allow contact between air carriers interested in transferring or exchanging slots in conformity with Union law. The transfers or exchanges referred to in paragraph 1 shall be notified to the coordinator and shall not take effect until expressly confirmed by the coordinator. The coordinator shall decline to confirm the transfers or exchanges if they are not in conformity with the requirements of this Regulation and if the coordinator is not satisfied that: a) airport operations would not be prejudiced, taking into account all technical, operational , performance and environmental constraints; b) limitations imposed in accordance with Article 12 are respected; c) a transfer of slots does not fall within the scope of paragraph 3 of this Article . For the transfers or exchanges referred to in paragraph 1(b) and (c), the air carriers shall give the coordinator the details of any monetary or any other kind of compensation. The transfers or exchanges may not be subject to conditions intended to limit the possibility for the air carrier wishing to obtain the slots from entering into competition with the air carrier which transfers or exchanges the slots. 3. Slots allocated to a new entrant as defined in Article 2(2) may not be transferred as provided for in paragraph 1(b) of this Article for a period of two equivalent scheduling periods, except in the case of a legally authorised takeover of the activities of a bankrupt undertaking. Slots allocated to a new entrant as defined in Article 2(2)(b) may not be transferred to another route as provided for in paragraph 1(a) of this Article for a period of two equivalent scheduling periods unless the new entrant would have been treated with the same priority on the new route as on the initial route. Slots allocated to a new entrant as defined in Article 2(2) may not be exchanged as provided for in paragraph 1(c) of this Article for a period of two equivalent scheduling periods, except in order to improve the slot timings for these services in relation to the timings initially requested.Article 13 deleted

2012/09/17
Committee: TRAN

Christine DE VEYRAC, Michel DANTIN

Proposal for a regulation
Article 13 – paragraph 1 – point b

b) transferred between two air carriers~~, with or without monetary or any other kind of compensation~~;

2012/09/17
Committee: TRAN

Christine DE VEYRAC, Michel DANTIN

Proposal for a regulation
Article 13 – paragraph 1 – point c

c) exchanged, one for one, between air carriers~~, with or without monetary or any other kind of compensation~~ .

2012/09/17
Committee: TRAN

Christine DE VEYRAC, Michel DANTIN

Proposal for a regulation
Article 13 – paragraph 2 – subparagraph 3

For the transfers or exchanges referred to in paragraph 1(b) and (c), the air carriers shall give the coordinator the details of any monetary or any other kind of compensation. The transfers or exchanges may not be subject to conditions intended to limit the possibility for the air carrier wishing to obtain the slots from entering into competition with the air carrier which transfers or exchanges the slots.deleted

2012/09/17
Committee: TRAN

Christine DE VEYRAC, Michel DANTIN

Proposal for a regulation
Article 14 – paragraph 1

This Regulation shall not affect the powers of public authorities to approve the transfer of slots between air carriers and to direct how these are allocated pursuant to national competition law or to Articles 101, 102 or 106 of the Treaty or Council Regulation (EC) No 139/2004. These transfers can only take place without monetary compensation.

2012/09/17
Committee: TRAN

Michel DANTIN

Proposal for a regulation
Article 18 – paragraph 3 – subparagraph 1 – introductory part

Member States shall ensure that effective, proportionate and dissuasive ~~sanction~~financial or other penalties are available, and are applied, to deal with:

2012/09/17
Committee: TRAN

Michel DANTIN

Proposal for a regulation
Article 18 – paragraph 3 – subparagraph 1 – indent 2

-– the return of slots after 31 January for the following summer season or after 31 August for the following winter season, or the retention of unused slots; ~~the penalty should in any case take account of the possible use of the mechanism provided by Article 11;~~

2012/09/17
Committee: TRAN

Michel DANTIN

Proposal for a regulation
Article 18 – paragraph 3 – subparagraph 1 a (new)

Member States shall notify the European Commission of the penalty system they have implemented under this paragraph.

2012/09/17
Committee: TRAN

26 Amendments of Michel DANTIN related to 2011/0391(COD)

ParlTrack - 2011-2024