10/15/2021 | Press release | Distributed by Public on 10/15/2021 09:25
Geneva - The International Air Transport Association (IATA) has started legal action in the Netherlands to prevent the application of a new Policy Rule (Rule) for slot allocation that would have significant negative effects on the globally functioning system of slot allocation and would result in very significant (commercial) damage for the members of IATA.
The Rule was implemented by the Netherlands slots coordinator, ACNL, to take effect for the Summer 2022 season. It prescribes a list of priority destinations for slots at three congested Dutch airports (Amsterdam Schiphol, Eindhoven and Rotterdam The Hague). This would contravene the European regulation on the common rules for community air services (1008/2008) and the European Slot Regulation (95/93) in several respects.
The Rule was improperly implemented. ACNL unilaterally applied the Rule without the proper consultation of interested parties, as would be required under EU law.
The most egregious impacts of the Rule's implementation can be summarized as follows.
"In addition to contravening EU regulations, the setting of priority destination lists by RSG as part of the slot allocation process is bad for consumers, businesses, airlines and the economy. Moreover, straying from established global standards risks damage to international relations. The application of the Rule in slot allocation decisions compromises the role of the independent and impartial slot coordinators enshrined in EU law, instead requiring priority to be given in their decision-making to a list of destinations. This makes the coordinator the servant of the airport to the disadvantage of the airlines and the consumer," said Conrad Clifford, IATA's Deputy Director General.
The implementation of the Rule will make the market less responsive to consumer needs. "Allowing airports to decide priority for slots by destinations set by themselves for airlines to serve, makes no commercial sense. The slot allocation process must serve the needs of consumers who want to reliably fly or move freight. That means enabling airlines to design schedules that meet consumer demand, not the desires of the infrastructure provider. Slot allocation must be a neutral process matching available slots with commercial potential. The WASG have been painstakingly developed over many years to ensure open competition and the best allocation of scare resources to meet consumer demand. This action by ACNL is a backward step that cannot be allowed to stand," said Clifford.
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