On 13 July 2022, the European Commission adopted a legislative proposal to enable the  airline slot regime to respond more flexibly to unexpected future developments. In particular, the European Commission proposed a Regulation of the European Parliament and of the Council amending Council Regulation (EEC) No 95/93 as regards temporary relief from the slot utilisation rules at Community airports due to the COVID-19 pandemic. 

This legislative proposal was put forward as a response in part to disruption from the war in Ukraine, but also taking stock of the lessons learned during the COVID-19 pandemic, as these recent events have both shown the inadequacy of the current slot rules to face large-scale disruptions. Moreover, since the conflict in Ukraine started, it has become more evident that unforeseen developments on certain routes can severely affect air traffic. 

As a solution, the European Commission is proposing a series of amendments to Council Regulation (EEC) No 95/93. First, the Commission has proposed to return to the 80% slot use rate while, at the same time, extending the scope of application of the « justified non-use of slots » exception already introduced during the pandemic. As a consequence, in unforeseen circumstances, such as epidemiological situations, natural disasters, and political unrest affecting airports, it will now be possible for airlines to make use of the exception. Second, the European Commission will be empowered to lower the slot use rate below 80%, should air traffic levels fall in exceptional circumstances. Third, the European Commission is proposing specific measures designed to facilitate the restoration of air connectivity between Ukraine and the EU in the future, such as allowing for a recovery period of 16 weeks before slot-use requirements become applicable again, once the Ukrainian airspace reopens. 

The legislative proposal was drafted urgently by the European Commission, given the need to act as soon as possible to alleviate the ongoing disruptions in air traffic. The co-legislators will now equally examine the legislative proposal with urgency. 

Marco Stillo