REGULATORY CHALLENGES OF AIRPORT SLOTALLOCATION IN THE EUROPEAN UNION 30 main features of the current slot allocation system, which will be followed with a review of various alternative solutions.
I. COMMUNAUTAIRE SYSTEM OF SLOTS ALLOCATION -AN OVERVIEWCouncil Regulation 95/93 (amended by regulations 793/2004 and 545/2009) provides common rules for slot allocation in the European Union. 13 These rules apply only to so-called 'coordinated airports'. 14 Each Member State can designate any airport as such, although they are under no obligation to do so. 15 They are, however, required to carry out a capacity analysis, and then to designate an airport as 'coordinated' if the following criteria are met: first, when carriers representing more than half of air operations of the given facility and/or its management consider that capacity is insufficient (for actual or planned operations); 16 second, when de novo entrants encounter serious problems with obtaining and securing slots; 17 finally, when the Member State, following consultations with carriers, representative organisations, airport management, air traffic management and passenger's organizations, reaches the conclusion that such problems can not be solved in the short term, making this designation necessary. 18 The system is based on a 'coordinator', which must be appointed at each coordinated airport. 19 The Member States must ensure that coordinators carry out their duties in an independent manner. 20 This in turn allows them to act in a 'neutral, non-discriminatory and transparent way'. 21 Additionally, Member States are required to set up a 'co-ordination committee' to provide consultative capacity. 22 Participation in this committee is open to air carriers 13 Council Regulation (EEC) 95/93 of 18 January 1993 on common rules for the allocation of slots at Community airports [1993] OJ L14/1; Regulation (EC) 793/2004 of the European Parliament and of the Council of 21 April 2004 amending Council Regulation (EEC) 95/93 on common rules for the allocation of slots at Community airports [2004] OJ L138/50; Regulation (EC) 545/2009 of the European Parliament and of the Council of 18 June 2009 amending Regulation (EEC) 95/93 on common rules for the allocation of slots at Community airports [2009] OJ L167/24. 14 See also Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions on the application of Regulation (EEC) No 95/93 on common rules for the allocation of slots at Community airports, as amended COM [2007] 0227 final; Communication from the Commission Communication on the application of Regulation (EC) 793/2004 on common rules for the allocation of slots at Community airports COM [2007] 0704 final. 15 Article 3 (1) of the Regulation 95/93. In every subsequent citation of this regulation the consolidated version including both amendments will be quoted. 16 Article 3 (2) i of the Regulation 95/93. 17 Article 3 (2) ii of the Regulation 95/93. 18 Article 3 (2) iii ...