EUR-Lex - 31993R3603 - EN Avis juridique important | 31993R3603 Council Regulation (EC) No 3603/93 of 13 December 1993 specifying definitions for the application of the prohibitions referred to in Articles 104 and 104b (1) of the Treaty Official Journal L 332 , 31/12/1993 P. 0001 - 0003 Finnish special edition: Chapter 10 Volume 1 P. 0073 Swedish special edition: Chapter 10 Volume 1 P. 0073 COUNCIL REGULATION (EC) No 3603/93 of 13 December 1993 specifying definitions for the application of the prohibitions referred to in Articles 104 and 104b (1) of the TreatyTHE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Article 104b (2) thereof, Having regard to the proposal from the Commission (1), In cooperation with the European Parliament (2), Whereas Articles 104 and 104b (1) of the Treaty are directly applicable; whereas the terms featuring in Articles 104 and 104b (1) may be specified, if necessary; Whereas the terms 'overdraft facilities' and 'other types of credit facility' used in Article 104 of the Treaty should be defined, particularly with reference to the treatment of claims existing at 1 January 1994; Whereas it is desirable that the national central banks participating in the third stage of Economic and Monetary Union should enter such Union having on their balance sheets claims negotiable under market conditions, in particular to give the required flexibility to the monetary policy of the European System of Central Banks and to permit a standard contribution from the various national central banks participating in monetary union to the monetary income to be distributed among them; Whereas the central banks which, after 1 January 1994, still hold claims against the public sector which are non-negotiable or are subject to conditions which are not market conditions should be authorized subsequently to convert such claims into negotiable fixed-maturity securities under market conditions; Whereas paragraph 11 of the Protocol on certain provisions relating to the United Kingdom of Great Britain and Northern Ireland stipulates that the Government of the United Kingdom may maintain its 'ways and means' facility with the Bank of England if and so long as the United Kingdom does not move to the third stage; whereas it is appropriate to make provision for the conversion of the amount of this facility into marketable debt at a fixed maturity and on market terms if the United Kingdom moves to stage three of EMU; Whereas the Protocol on Portugal lays down that 'Portugal is hereby authorized to maintain the facility afforded to the Autonomous Regions of the Azores and Madeira to benefit from an interest-free credit facility with the Banco de Portugal under the terms established by existing Portuguese law'; and that 'Portugal commits itself to pursue its best endeavours in order to put an end to the abovementioned facility as soon as possible'; Whereas Member States must take appropriate measures to ensure that the prohibitions referred to in Article 104 of the Treaty are applied effectively and fully; whereas, in particular, purchases made on the secondary market must not be used to circumvent the objective of that Article; Whereas, within the limits laid down in this Regulation, the direct acquisition by the central bank of one Member State of marketable debt instruments issued by the public sector of another Member State does not help to shield the public sector from the discipline of market mechanisms where such purchases are conducted for the sole purpose of managing foreign exchange reserves; Whereas, notwithstanding the role assigned to the Commission pursuant to Article 169 of the Treaty, it is for the European Monetary Institute and, thereafter, for the European Central Bank, pursuant to Articles 109f (9) and 180 of the Treaty, to ensure that national central banks honour the obligations laid down by the Treaty; Whereas intra-day credits by the central banks may assist the smooth operation of payment systems; whereas, therefore, intra-day credits in the public sector are compatible with the objectives of Article 104 of the Treaty, provided that no extension to the following day is possible; Whereas the function of fiscal agent exercised by the central banks should not be impeded; whereas, even if clearing by the central banks of cheques issued by third parties for the public sector's account may occasionally involve a credit, Article 104 of the Treaty should not be regarded as prohibiting such operations, provided that they do not result overall in a credit for the public sector; Whereas the holding by the central banks of coins issued by the public sector and credited to the public sector constitutes an interest-free form of credit for the public sector; whereas, however, if only limited amounts are involved, this practice does not interfere with the principle of Article 104 of the Treaty; whereas, therefore, in view of the difficulties which would arise from total prohibition of this form of credit, it may be permitted within the limits laid down in this Regulation; Whereas, following unification, the Federal Republic of Germany has particular difficulty in complying with the limit set on such assets; whereas it is appropriate in those circumstances to authorize a higher percentage for a limited period; Whereas the financing by the central banks of obligations falling upon the public sector vis-à-vis the International Monetary Fund or resulting from the implementation of the medium-term financial assistance facility set up within the Community results in foreign claims which have all the characteristics of reserve assets; whereas it is, therefore, appropriate to authorize them; Whereas public undertakings are covered by the prohibition in Articles 104 and 104b (1); whereas they are defined in Commission Directive 80/723/EEC of 25 June 1980 on the transparency of financial relations between Member States and public undertakings (3), HAS ADOPTED THIS REGULATION: Article 1 1. For the purposes of Article 104 of the Treaty: (a) 'overdraft facilities' means any provision of funds to the public sector resulting or likely to result in a debit balance; (b) 'other type of credit facility' means: (i) any claim against the public sector existing at 1 January 1994, except for fixed-maturity claims acquired before that date; (ii) any financing of the public sector's obligations vis-à-vis third parties; (iii) without prejudice to Article 104 (2) of the Treaty, any transaction with the public sector resulting or likely to result in a claim against that sector. 2. The following shall not be regarded as 'debt instruments' within the meaning of Article 104 of the Treaty: securities acquired from the public sector to ensure the conversion into negotiable fixed-maturity securities under market conditions of: - fixed-maturity claims acquired before 1 January 1994 which are not negotiable or not under market conditions, provided that the maturity of the securities is not subsequent to that of the aforementioned claims; - the amount of the 'ways and means' facility maintained by the United Kingdom Government with the Bank of England until the date, if any, on which the United Kingdom moves to stage three of EMU. Article 2 1. During stage two of EMU, purchases by the national central bank of one Member State of marketable debt instruments issued by the public sector of another Member State shall not be considered direct purchases within the meaning of Article 104 of the Treaty, provided that such purchases are conducted for the sole purpose of managing foreign exchange reserves. 2. During stage three of EMU, the following purchases conducted for the sole purpose of managing foreign exchange reserves shall not be considered direct purchases within the meaning of Article 104 of the Treaty: - purchases by the national central bank of a Member State not participating in stage three of EMU, from the public sector of another Member State, of marketable debt instruments of the latter, - purchases by the European Central Bank or the national central bank of a Member State participating in stage three of EMU, from the public sector of a Member State not participating in stage three, of marketable debt instruments of the latter. Article 3 For the purposes of this Regulation, 'public sector' means Community institutions or bodies, central governments, regional, local or other public authorities, other bodies governed by public law or public undertakings of Member States. 'National central banks' means the central banks of the Member States and the Luxembourg Monetary Institute. Article 4 Intra-day credits by the European Central Bank or the national banks to the public sector shall not be considered as a credit facility within the meaning of Article 104 of the Treaty, provided that they remain limited to the day and that no extension is possible. Article 5 Where the European Central Bank or the national central banks receive from the public sector, for collection, cheques issued by third parties and credit the public sector's account before the drawee bank has been debited, this operation shall not be considered as a credit facility within the meaning of Article 104 of the Treaty if a fixed period of time corresponding to the normal period for the collection of cheques by the central bank of the Member State concerned has elapsed since receipt of the cheque, provided that any float which may arise is exceptional, is of a small amount and averages out in the short term. Article 6 The holding by the European Central Bank or the national central banks of coins issued by the public sector and credited to the public sector shall not be regarded as a credit facility within the meaning of Article 104 of the Treaty where the amount of these assets remains at less than 10 % of the coins in circulation. Until 31 December 1996, this figure shall be 15 % for Germany. Article 7 The financing by the European Central Bank or the national central banks of obligations falling upon the public sector vis-à-vis the International Monetary Fund or resulting from the implementation of the medium-term financial assistance facility set up by Regulation (EEC) No 1969/88 (4) shall not be regarded as a credit facility within the meaning of Article 104 of the Treaty. Article 8 1. For the purposes of Articles 104 and 104b (1) of the Treaty, 'public undertaking' shall be defined as any undertaking over which the State or other regional or local authorities may directly or indirectly exercise a dominant influence by virtue of their ownership of it, their financial participation therein or the rules which govern it. A dominant influence on the part of the public authorities shall be presumed when these authorities, directly or indirectly in relation to an undertaking: (a) hold the major part of the undertaking's subscribed capital; (b) control the majority of the votes attaching to shares issued by the undertaking; or (c) can appoint more than half of the members of the undertaking's administrative, managerial or supervisory body. 2. For the purposes of Articles 104 and 104b (1) of the Treaty, the European Central Bank and the national central banks do not form part of the public sector. Article 9 This Regulation shall enter into force on 1 January 1994. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 13 December 1993. For the Council The President Ph. MAYSTADT (1) OJ No C 324, 1. 12. 1993, p. 5; and OJ No C 340, 17. 12. 1993, p. 3.(2) OJ No C 329, 6. 12. 1993 and Decision of 2 December 1993 (not yet published in the Official Journal).(3) OJ No L 195, 29. 7. 1980, p. 35. Directive as last amended by Directive 93/84/EEC (OJ No L 254, 12. 10. 1993, p. 16).(4) Council Regulation (EEC) No 1969/88 of 24 June 1988 establishing a single facility providing medium-term financial assistance for Member States' balances of payments (OJ No L 178, 8. 7. 1988, p. 1).

Summary: Prohibition on the central banks granting credit facilities to public authorities and undertakings Prohibition on the central banks granting credit facilities to public authorities and undertakings This regulation clarifies the Treaty provisions prohibiting central banks giving credit facilities to public authorities and undertakings. ACT Council Regulation (EC) No 3603/93 of 13 December 1993 specifying definitions for the application of the prohibitions referred to in Articles 104 and 104b(1) of the Treaty. SUMMARY The following definitions are given: "overdraft facilities" means any provision of funds to the public sector resulting or likely to result in a debit balance; "other types of credit facility" means: - any claim against the public sector existing at 1 January 1994, except for fixed-maturity claims acquired before that date; - any financing of the public sector´s obligations vis-à-vis third parties; - any transaction with the public sector resulting or likely to result in a claim against that sector. During stage two of EMU, purchases by the national central bank of one Member State, conducted for the purpose of managing foreign exchange reserves, of marketable debt instruments issued by the public sector of another Member State are not considered direct purchases. During stage three of EMU, the following purchases conducted for the purpose of managing foreign exchange reserves are not considered direct purchases: by the national central bank of a Member State not participating in stage three of EMU of marketable debt instruments issued by the public sector of another Member State; by the European Central Bank (ECB) or the national central bank of a Member State participating in stage three of EMU of marketable debt instruments issued by the public sector of a Member State not participating in stage three of EMU. Intra-day credits by the European Central Bank or the national central banks to the public sector are not considered as a credit facility, provided that they remain limited to the day and that no extension is possible. 5.The holding by the European Central Bank or by a national central bank of coins issued by the public sector and credited to the public sector is not regarded as a credit facility where the amount of these assets remains at less than 10% of the coins in circulation. The financing by the ECB or the national central banks of obligations falling upon the public sector vis-à-vis the IMF or resulting from the implementation of the financial assistance facility is not regarded as a credit facility. "Public undertaking" is defined as any undertaking over which the State or other regional or local authorities may directly or indirectly exercise a dominant influence by virtue of their ownership of it, their financial participation therein or the rules which govern it. The European Central Bank and the national central banks do not form part of the public sector. References Act Entry into force Deadline for transposition in the Member States Official Journal Regulation (EC) No 3603/93 01.01.1994 - Official Journal L 332 of 31.12.19 Last updated: 20.06.2006


EUR-Lex - 31993R3604 - EN Avis juridique important | 31993R3604 Council Regulation (EC) No 3604/93 of 13 December 1993 specifying definitions for the application of the prohibition of privileged access referred to in Article 104a of the Treaty Official Journal L 332 , 31/12/1993 P. 0004 - 0006 COUNCIL REGULATION (EC) No 3604/93 of 13 December 1993 specifying definitions for the application of the prohibition of privileged access referred to in Article 104a of the TreatyTHE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Article 104a (2) thereof, Having regard to the proposal from the Commission (1), In cooperation with the European Parliament (2), Whereas the prohibition of privileged access to financial institutions, as laid down in Article 104a of the Treaty, forms an essential element of the submission of the public sector in its financing operations to the discipline of the market mechanism and so makes a contribution to the strengthening of budgetary discipline; whereas, moreover, it places the Member States on an equal footing as regards public sector access to financial institutions; Whereas the Council must specify definitions for the application of such prohibition; Whereas the Member States and the Community must act with due regard for the principle of an open market economy in which there is free competition; Whereas, in particular, this Regulation cannot affect the methods for organizing markets complying with that principle; Whereas this Regulation does not seek to interfere with any operation of public financial institutions complying with the same principle; Whereas Article 104a of the Treaty prohibits measures establishing privileged access; whereas the types of acts concerned by this prohibition should be specified; whereas the commitments freely made by financial institutions in the framework of contractual relations unquestionably cannot be affected; Whereas the same Article provides that prudential considerations may justify departure from the principle of this prohibition; whereas laws, regulations or administrative actions may not, however, under the cover of prudential consideration, be used to establish disguised privileged access; Whereas public undertakings are covered by the same prohibition; whereas they are defined in Commission Directive 80/723/EEC of 25 June 1980 on the transparency of financial relations between the Member States and public undertakings (3); Whereas, for reasons of monetary policy, financial institutions and, in particular, credit institutions may be obliged to hold claims against the European Central Bank and/or national central banks; Whereas the European Central Bank and national central banks may not, as public authorities, take measures establishing privileged access; whereas the rules on mobilization or pledging of debt instruments enacted by the European Central Bank or by national central banks must not be used as a means of circumventing the prohibition of privileged access; Whereas, in order to avoid any circumvention of the prohibition, the definitions in Community law of the various types of financial institution should be supplemented by a reference to those institutions engaging in financial activities which have not yet been harmonized at Community level, such as, for instance, branches of third-country establishments, holding and factoring companies, uncoordinated undertakings for collective investment in transferable securities (UCITS), institutions for retirement provision, etc., HAS ADOPTED THIS REGULATION: Article 1 1. For the purposes of Article 104a of the Treaty, 'any measure establishing privileged access' shall be defined as any law, regulation or any other binding legal instrument adopted in the exercise of public authority which: - obliges financial institutions to acquire or to hold liabilities of Community institutions or bodies, central governments, regional, local or other public authorities, other bodies governed by public law or public undertakings of Member States (hereinafter referred to as 'public sector'), or - confers tax advantages which may benefit only financial institutions or financial advantages which do not comply with the principles of a market economy, in order to encourage the acquiring or the holding by those institutions of such liabilities. 2. Privileged access shall not be regarded as being established by those measures which give rise to: - obligations for funding social housing under special terms such as, inter alia, an obligation to centralize funds with public financial institutions, when the funding terms prevailing for the public sector are identical to those for funding of the same nature granted to private borrowers for the same purposes, - the obligation to centralize funds with a public credit institution, in so far as such a constraint is an integral part, as at 1 January 1994, of the organization of a particular network of credit institutions or of specific savings arrangements designed for households and intended to provide the whole of the network or the specific arrangements with financial security. The use of such centralized funds must be determined by the management bodies of the public credit institution concerned and comply with the principle of a market economy where there is free competition, - obligations to finance the repair of disaster damage, provided that the conditions for financing repairs are not more favourable when damage is sustained by the public sector than when it is sustained by the private sector. Article 2 For the purposes of Article 104a of the Treaty, 'prudential considerations' shall be those which underlie national laws, regulations or administrative actions based on, or consistent with, EC law and designed to promote the soundness of financial institutions so as to strengthen the stability of the financial system as a whole and the protection of the customers of those institutions. Article 3 1. For the purposes of Article 104a of the Treaty, 'public undertaking' shall be defined as any undertaking over which the State or other regional or local authorities may exercise directly or indirectly a dominant influence by virtue of their ownership of it, their financial participation therein or the rules which govern it. A dominant influence on the part of the State or other regional or local authorities shall be presumed when these authorities, directly or indirectly in relation to an undertaking: (a) hold the major part of the undertaking's subscribed capital; (b) control the majority of the votes attaching to shares issued by the undertaking; or (c) can appoint more than half of the members of the undertaking's administrative, managerial or supervisory body. 2. Without prejudice to their obligation as public authorities not to take measures establishing privileged access within the meaning of Article 104a of the Treaty, the European Central Bank and the national central banks shall not, for the purposes of this Article, be considered as forming part of the public sector. 3. 'National central banks' means the central banks of the Member States and the Luxembourg Monetary Institute. Article 4 1. For the purposes of Article 104a of the Treaty, 'financial institutions' means: - credit institutions as defined in the first indent of Article 1 of Directive 77/780/EEC (4), - insurance undertakings as defined in Article 1, point (a) of Directive 92/49/EEC (5), - assurance undertakings as defined in Article 1, point (a) of Directive 92/96/EEC (6), - UCITS as defined in Article 1 (2) of Directive 85/611/EEC (7), - investment firms as defined in Article 1 (2) of Directive 93/22/EEC (8), - other undertakings the activities of which are similar to those of the undertakings referred to in the previous indents or the principal activity of which is to acquire holdings of financial assets or to transform financial claims. 2. The following institutions do not form part of the financial institutions defined in paragraph 1: - the European Central Bank and national central banks, - post office financial services when they form part of the general government sector defined in accordance with the European System of Integrated Economic Accounts or when their main activity is to act as the financial agent of government, and - the institutions which are part of the general government sector defined in accordance with the European System of Integrated Economic Accounts or the liabilities of which correspond completely to a public debt. Article 5 This Regulation shall enter into force on 1 January 1994. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 13 December 1993. For the Council The President Ph. MAYSTADT (1) OJ No C 324, 1. 12. 1993, p. 7; and OJ No C 340, 17. 12. 1993, p. 6.(2) OJ No C 329, 6. 12. 1993 and Decision of 2 December 1993 (not yet published in the Official Journal).(3) OJ No L 195, 29. 7. 1980, p. 35. Directive as last amended by Directive 93/84/EEC (OJ No L 254, 12. 10. 1993, p. 16).(4) Council Directive 77/780/EEC of 12 December 1977 on the coordination of the laws, regulations and administrative provisions relating to the taking-up and pursuit of the business of credit institutions (OJ No L 322, 17. 12. 1977, p. 30). Directive as last amended by Directive 89/646/EEC (OJ No L 386, 30. 12. 1989, p. 1).(5) Council Directive 92/49/EEC of 18 June 1992 on the coordination of laws, regulations and administrative provisions relating to direct insurance other than life insurance (third Directive on insurance other than life insurance) (OJ No L 228, 11. 8. 1992, p. 1).(6) Council Directive 92/96/EEC of 10 November 1992 on the coordination of laws, regulations and administrative provisions relating to direct life assurance (third Directive on life insurance) (OJ No L 360, 9. 12. 1992, p. 1).(7) Council Directive 85/611/EEC of 20 December 1985 on the coordination of laws, regulations and administrative provisions relating to undertakings for collective investment in transferable securities (UCITS) (OJ No L 375, 31. 12. 1985, p. 3). Directive as amended by Directive 88/220/EEC (OJ No L 100, 19. 4. 1988, p. 31).(8) Council Directive 93/22/EEC of 10 May 1993 on investment services in the securities field (OJ No L 141, 11. 6. 1993, p. 27).

Summary: Prohibition of privileged access to financial institutions Prohibition of privileged access to financial institutions This regulation specifies the types of acts concerned by the prohibition of measures establishing privileged access. ACT Council Regulation (EC) No 3604/93 of 13 December 1993 specifying definitions for the application of the prohibition of privileged access referred to in Article 104a of the Treaty [Official Journal L 332 of 31.12.1993]. SUMMARY "Measure establishing privileged access" means any binding measure adopted in the exercise of public authority which: obliges financial institutions to acquire or to hold liabilities of public sector institutions or bodies; confers tax advantages or financial advantages which may benefit only financial institutions acquiring or holding such liabilities. Privileged access is not regarded as being established by those measures which give rise to: obligations for funding social housing, when the funding terms prevailing for the public sector are identical to those granted to private borrowers; the obligation to centralise funds with a public credit institution, in so far as such a constraint is intended to provide financial security for the whole of the network or for specific savings arrangements designed for households; obligations to finance the repair of disaster damage, provided that the conditions for financing repairs are not more favourable for the public sector than for the private sector. "Prudential considerations" are those designed to promote the soundness of financial institutions so as to strengthen the stability of the financial system as a whole and the protection of the customers of those institutions. "Public undertaking" means any undertaking over which the State or other regional or local authorities may exercise directly or indirectly a dominant influence by virtue of their ownership of it, their financial participation therein or the rules which govern it. The following institutions do not form part of the financial institutions covered by the Regulation: the European Central Bank and national central banks; post office financial services when they form part of the general government sector or when their main activity is to act as the financial agent of government; the institutions which are part of the general government sector or the liabilities of which correspond completely to a public debt. This Regulation refers to the former numeration of the Articles before the entry into force of the Treaty of Amsterdam, which introduced a new system of numbering. Article 104 A is from now on Article 102 of the EC Treaty. References Act Entry into force Deadline for transposition in the Member States Official Journal Regulation (EC) No 3604/93 01.01.1994 - OJ L 332 of 31.12.1993 Last updated: 08.08.2005


19.6.1993 EN Official Journal of the European Communities L 148/1 COUNCIL REGULATION (EURATOM) No 1493/93 of 8 June 1993 on shipments of radioactive substances between Member States THE COUNCIL OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Articles 31 and 32 thereof, Having regard to the proposal from the Commission (1), drawn up after obtaining the opinion of a group of persons appointed by the Scientific and Technical Committee from among scientific experts in the Member States, Having regard to the opinion of the European Parliament (2), Having regard to the opinion of the Economic and Social Committee (3), Whereas on 2 February 1959 the Council adopted directives laying down the basic standards for the protection of the health of workers and the general public against the dangers arising from ionizing radiation (4), amended in particular by Directive 80/836/Euratom (5); Whereas, pursuant to Article 3 of Directive 80/836/Euratom, each Member State must make compulsory the reporting of activities which involve a hazard arising from ionizing radiation; whereas, in the light of possible dangers and other relevant considerations, these activities are subject to prior authorization in cases decided upon by each Member State; Whereas Member States have consequently set up systems within their territories in order to meet the requirements of Article 3 of Directive 80/836/Euratom; whereas, therefore, by means of the internal controls that Member States apply on the basis of national rules consistent with existing Community and any relevant international requirements, Member States continue to ensure a comparable level of protection within their territories; Whereas shipments of radioactive waste between Member States and into and out of the Community are subject to the specific measures laid down by Directive 92/3/Euratom (6); whereas Member States are required to bring into force not later than 1 January 1994 the laws, regulations and administrative provisions necessary to comply with Directive 92/3/Euratom; whereas each Member State should be responsible for ensuring that its own radioactive waste is properly managed; Whereas the removal of frontier controls in the Community as from 1 January 1993 has deprived the competent authorities of Member States of information previously received through those controls on shipments of radioactive substances; whereas there is a need for the competent authorities concerned to receive the same level of information as before to continue implementing their controls for radiation protection purposes; whereas a Community system of declaration and provision of information would facilitate the maintenance of radiation protection control; whereas a system of prior declaration is needed for shipments of sealed sources and radioactive waste; Whereas special fissile materials as defined by Article 197 of the EAEC Treaty are subject to the provisions of Title II, Chapter VII — Safeguards of that Treaty; whereas the transport of such materials is subject to the obligations of the Member States and the Commission pursuant to the International Convention on the Physical Protection of Nuclear Materials (IAEA.1980); Whereas this Regulation is without prejudice to provision of information and to controls imposed for reasons other than radiation protection, HAS ADOPTED THIS REGULATION: Article 1 1. This Regulation shall apply to shipments, between Member States, of sealed sources and other relevant sources, whenever the quantities and concentrations exceed the levels laid down in Article 4 (a) and (b) of Directive 80/836/Euratom. It shall also apply to shipments of radioactive waste, between Member States, as covered by Directive 92/3/Euratom. 2. In the case of nuclear materials, each Member State carries out all necessary controls, within its own territory, in order to ensure that each consignee of such materials, which are the subject of a shipment from another Member State, complies with the national provisions implementing Article 3 of Directive 80/836/Euratom. Article 2 For the purposes of this Regulation: — shipment means transport operations from the place of origin to the place of destination, including loading and unloading of radioactive substances, — the holder of radioactive substances means any natural or legal person who, before carrying out a shipment, has the legal responsibility under national law for such materials and intends to carry out shipment to a consignee, — the cosignee of radioactive substances means any natural or legal person to whom such material is shipped, — sealed source has the meaning given to it in Directive 80/836/Euratom, — other relevant source means any radioactive substance not being a sealed source intended for direct or indirect use of the ionizing radiation it emits for medical, veterinary, industrial, commercial, research or agricultural applications, — radioactive waste has the meaning given to it in Directive 92/3/Euratom, — nuclear materials means the special fissile materials, the source materials and the ores as defined in Article 197 of the EAEC Treaty, — competent authorities means any authority responsible in the Member State for the application or administration of this Regulation or of any other authority designated by the Member State, — activity has the meaning given to it in Directive 80/836/Euratom. Article 3 Controls of shipments of sealed sources, other relevant sources and radioactive waste between Member States, pursuant to Community or national law, for the purpose of radiation protection shall be performed as part of the control procedures applied in a non-discriminatory manner throughout the territory of the Member State. Article 4 1. A holder of sealed sources or radioactive waste who intends to carry out a shipment of such sources or waste, or to arrange for such a shipment to be carried out, shall obtain a prior written declaration by the consignee of the radioactive substances to the effect that the consignee has complied, in the Member State of destination, with all applicable provisions implementing Article 3 of Directive 80/836/Euratom and with relevant national requirements for safe storage, use or disposal of that class of source or waste. The declaration shall be made by means of the standard documents set out in Annexes I and II to this Regulation. 2. The declaration referred to in paragraph 1 shall be sent by the consignee to the competent authority of the Member State to which the shipment is to be made. The competent authority shall confirm with its stamp on the document that it has taken note of the declaration and the declaration shall then be sent by the consignee to the holder. Article 5 1. The declaration referred to in Article 4 may refer to more than one shipment, provided that: — the sealed sources or radioactive waste to which it relates have essentially the same physical and chemical characteristics, — the sealed sources or radioactive waste to which it relates do not exceed the levels of activity set out in the declaration, and — the shipments are to be made from the same holder to the same consignee and involve the same competent authorities. 2. The declaration shall be valid for a period of hot more than three years from the date of stamping by the competent authority as referred to in Article 4 (2). Article 6 A holder of sealed sources, other relevant sources and radioactive waste who has carried out a shipment of such sources or waste, or arranged for such a shipment to be carried out, shall, within 21 days of the end of each calendar quarter, provide the competent authorities in the Member State of destination with the following information in respect of deliveries during the quarter: — names and addresses of consignees, — the total activity per radionuclide delivered to each consignee and the number of such deliveries made, — the highest single quantity of each radionuclide delivered to each consignee, — the type of substance: sealed source, other relevant source or radioactive waste. The first such return shall cover the period 1 July to 30 September 1993. Article 7 The competent authorities of Member States shall cooperate in ensuring the application and enforcement of this Regulation. Article 8 Member States shall forward to the Commission not later than 1 July 1993 the name(s) and the address(es) of the competent authorities as defined in Article 2 and all necessary information for rapidly communicating with such authorities. Member States shall forward to the Commission any changes to such data. The Commission shall communicate this information, and any changes thereto, to all competent authorities in the Community and shall publish it, and any changes thereto, in the Official Journal of the European Communities. Article 9 Nothing in this Regulation shall effect existing national provisions and international agreements on the transport, including transit, of radioactive material. Article 10 Nothing in this Regulation shall affect the obligations and rights resulting from Directive 92/3/Euratom. Article 11 1. The Regulation shall enter into force on the 20th day following its publication in the Official Journal of the European Communities. 2. This Regulation shall cease to apply to radioactive waste on 1 January 1994. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Luxembourg, 8 June 1993. For the Council The President N. HELVEG PETERSEN (1) OJ No C 347, 31. 12. 1992, p. 17. (2) OJ No 150, 31. 5. 1993, (3) OJ No C 19, 25. 1. 1993, p. 13. (4) OJ No L 11, 20. 2. 1959, p. 221/59. (5) OJ No L 246, 17. 9. 1980, p. 1. Directive as amended by Directive 84/467/Euratom (OJ No L 265, 5. 10. 1984, p. 4). (6) OJ No L 35, 12. 2. 1992, p. 24. ANNEX I SHIPMENT OF SEALED SOURCES BETWEEN THE MEMBER STATES OF THE EUROPEAN COMMUNITY ANNEX II SHIPMENT OF RADIOACTIVE WASTE BETWEEN THE MEMBER STATES OF THE EUROPEAN COMMUNITY

Summary: Shipments of radioactive substances Shipments of radioactive substances SUMMARY OF: Regulation (Euratom) No 1493/93 on shipments of radioactive waste SUMMARY After the removal of internal border controls between European Union countries on 1 January 1993, national authorities needed the same level of information on shipments of radioactive substances as before, to continue implementing radiation protection controls. WHAT DOES THE REGULATION DO? It introduces an EU-wide system for declarations of shipments of radioactive substances between EU countries. KEY POINTS Holders’ obligations When carrying out shipments of radioactive material, the ‘holder’* must provide a prior declaration by the ‘consignee’*. This declaration should certify the consignee's compliance with EU law on compulsory reporting about activities relating to natural and artificial radioactive substances. This declaration must be supplied to the competent national authority of the EU country of destination. Holders must also comply with national regulations for safe storage, use and disposal on radioactive activity. The steps involved include: — The consignee submits the declaration to the authority. — The authority notes the declaration, confirming this with an official stamp and sends it back to the consignee. — The consignee then sends the declaration to the holder. A declaration is valid for up to 3 years. Multiple shipments The declaration issued can refer to multiple shipments if: — the radioactive substances have the same physical and chemical characteristics, — the sealed sources* to which it relates do not exceed the levels of activity set out in the declaration, — the shipments are made from the same holder to the same consignee and involve the same competent authorities. Information Holders must provide to the authorities within 21 days of any shipment: — the names and addresses of consignees, — the total radioactivity of each consignment delivered, — the number of deliveries made and the quantities delivered to each consignee; the type of substance (sealed source or other relevant source). EU countries must report all activities which could involve a hazard arising from ionising radiation. Radioactive waste Shipments of radioactive waste between EU countries and into and out of the EU are subject to specific measures laid down by Directive 2006/117/Euratom. WHEN DOES THE REGULATION APPLY? Since 9 July 1993. KEY TERMS * Holder: any individual or organisation in charge of planning the shipment of radioactive waste or spent fuel and legally responsible for it prior to shipment. * Consignee: the party that receives the shipment. * Sealed source: a source of ionising radiation consisting of radioactive substances firmly incorporated in solid and effectively inactive materials, or sealed in an inactive container of sufficient strength to prevent, under normal conditions of use, any dispersion of radioactive substances. ACT Council Regulation (Euratom) No 1493/93 of 8 June 1993 on shipments of radioactive substances between Member States REFERENCES Act Entry into force Deadline for transposition in the Member States Official Journal Regulation (Euratom) No 1493/93 9.7.1993 - OJ L 148, 19.6.1993, pp. 1–7 RELATED ACTS Council Directive 2006/117/Euratom of 20 November 2006 on the supervision and control of shipments of radioactive waste and spent fuel (OJ L 337, 5.12.2006, pp. 21–32) Council Directive 2013/59/Euratom of 5 December 2013 laying down basic safety standards for protection against the dangers arising from exposure to ionising radiation, and repealing Directives 89/618/Euratom, 90/641/Euratom, 96/29/Euratom, 97/43/Euratom and 2003/122/Euratom (OJ L 13, 17.1.2014, pp. 1–73) last update 22.10.2015


EUR-Lex - 31993L0011 - EN Avis juridique important | 31993L0011 Commission Directive 93/11/EEC of 15 March 1993 concerning the release of the N-nitrosamines and N- nitrosatable substances from elastomer or rubber teats and soothers Official Journal L 093 , 17/04/1993 P. 0037 - 0038 Finnish special edition: Chapter 15 Volume 12 P. 0167 Swedish special edition: Chapter 15 Volume 12 P. 0167 COMMISSION DIRECTIVE 93/11/EEC of 15 March 1993 concerning the release of the N-nitrosamines and N-nitrosatable substances from elastomer or rubber teats and soothersTHE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, Having regard to Council Directive 89/109/EEC of 21 December 1988 on the approximation of the laws of the Member States relating to materials and articles intended to come into contact with foodstuffs (1), and in particular Article 3 thereof, Whereas the Community measures envisaged by this Directive are not only necessary but also indispensable for the attainment of the objectives of the internal market; whereas these objectives cannot be achieved by Member States individually; whereas furthermore their attainment at Community level is already provided for by Directive 89/109/EEC; Whereas it has been shown that teats and soothers, made of elastomer or rubber, may release N-nitrosamines and substances capable of being converted into N-nitrosamines (N-nitrosatable substances); Whereas the Scientific Committee for Food has given the opinion that N-nitrosamines and N-nitrosatable substances may endanger human health owing to their toxicity and has therefore recommended that migration of these substances from the abovementioned articles be kept below the detection limit of an appropriate sensitive method; Whereas Article 2 of Directive 89/109/EEC lays down that materials and articles, in their finished state, must not transfer their constituents to foodstuffs in quantities which could endanger human health; Whereas, in order to achieve this objective, the suitable instrument for teats is a specific directive within the meaning of Article 3 of Directive 89/109/EEC; Whereas the use of soothers may produce the same type of risk and therefore it is convenient to adopt the same provisions for these articles too; Whereas it is necessary to act immediately and therefore this Directive is limited to establishing specific rules regarding the release of N-nitrosamines and N-nitrosatable substances from elastomer or rubber teats and soothers, postponing to a more general directive regarding elastomers and rubber the solution of other problems concerning teats and soothers; Whereas this Directive establishes the basic rules and general criteria for determining the release of N-nitrosamines and N-nitrosatable substances and postpones the definition of a detailed method of analysis; Whereas the outline method of analysis given in the Annexes is adopted as a temporary measure until more results are available on the performance of this method and possible alternative methods; Whereas the Commission has undertaken to promote further research on methods of analysis, to review the proposed methodology and to consider establishing analytical tolerances in the light of that research; Whereas the measures provided for in this Directive are in accordance with the opinion of the Standing Committee on Foodstuffs, HAS ADOPTED THIS DIRECTIVE: Article 1 This Directive is a specific directive within the meaning of Article 3 of Directive 89/109/EEC. It concerns the release of N-nitrosamines and of substances capable of being converted into N-nitrosamines, hereinafter called 'N-nitrosatable substances`, from teats and soothers, made of elastomer or rubber. Article 2 The teats and soothers referred to in Article 1 must not pass on to release-test liquid (saliva test solution) under the conditions specified in Annex I any N-nitrosamine and N-nitrosatable substance detectable by a validated method which complies with the criteria laid down in Annex II and which can detect the following quantities: - 0,01 mg in total of N-nitrosamines released/kg (of the parts of teat or soother made of elastomer or rubber), - 0,1 mg in total of N-nitrosatable substances/kg (of the parts of teat or soother made of elastomer or rubber). Article 3 1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive as from 1 April 1994. They shall immediately inform the Commission thereof. Member States shall: - permit, as from 1 April 1994, the trade in and use of teats and soothers complying with this Directive, - prohibit, as from 1 April 1995, the trade in and use of teats and soothers which do not comply with this Directive. 2. When Member States adopt the measures referred to in paragraph 1, these shall contain a reference to this Directive or shall be accompanied by such reference to this Directive or shall be accompanied by such reference at the time of their official publication. The procedure for such reference shall be adopted by Member States. Article 4 This Directive is addressed to the Member States. Done at Brussels, 15 March 1993. For the Commission Martin BANGEMANN Member of the Commission ANNEX I BASIC RULES FOR DETERMINING THE RELEASE OF N-NITROSAMINES AND N-NITROSATABLE SUBSTANCES 1. Release-test liquid (saliva test solution) To obtain the release-test liquid, dissolve 4,2 g of sodium bicarbonate (NaHCO3), 0,5 g of sodium chloride (NaCl), 0,2 g of potassium carbonate (K2CO3) and 30,0 mg of sodium nitrite (NaNO2) in one litre of distilled water or water of equivalent quality. The solution must have a pH value of 9. 2. Test conditions Samples of material obtained from an appropriate number of teats or soothers are immersed in the test-release liquid for 24 hours at a temperature of 40 ± 2 °C. ANNEX II CRITERIA APPLICABLE TO THE METHOD FOR DETERMINING THE RELEASE OF N-NITROSAMINES AND N-NITROSATABLE SUBSTANCES 1. The release of N-nitrosamines is determined in one aliquot of each solution obtained according to Annex I. The N-nitrosamines are extracted from the aliquot with nitrosamine-free dichloromethane (DCM) and determined by gas chromatography. 2. The release of N-nitrosatable substances is determined in another aliquot of each solution obtained according to Annex I. The nitrosatable substances are converted into nitrosamines by acidification of the aliquot with hydrochloric acid. Subsequently the nitrosamines are extracted from the solution with DCM and determined by gas chromatography.

Summary: Release of N-nitrosamines from rubber teats Release of N-nitrosamines from rubber teats Community legislation is harmonising the provisions relating to the release of N-nitrosamines and N-nitrosable substances from elastomer or rubber teats and soothers. ACT Commission Directive 93/11/EEC of 15 March 1993 concerning the release of N-nitrosamines and N-nitrosatable substances from elastomer or rubber teats and soothers. SUMMARY This Directive is a specific measure within the meaning of Article 5 of Regulation (EC) No 1935/2004 on materials and articles intended to come into contact with food. Elastomer or rubber teats and soothers are capable of releasing N-nitrosamines and N-nitrosable substances (substances likely to be transformed into N-nitrosamines) which, by virtue of their toxicity, pose a threat to human health. Accordingly, the migration of substances must not exceed the following limits: 0.01 mg of the total quantity of N-nitrosamines released per kg (parts of elastomer or rubber teats and soothers) 0.1 mg of the total quantity of N-nitrosatable substances (parts of elastomer or rubber teats and soothers). These limits must be checked by means of a test, subject to the conditions set out in the annex to this Directive. The analytical method to be employed is also laid down in this annex. Teats and soothers which do not comply with this Directive are prohibited from 1 April 1995. References Act Entry into force Deadline for transposition in the Member States Official Journal Directive 93/11/EEC 24.3.1993 1.4.1994 OJ L 93 of 17.4.1993 See also The website of the Directorate-General for Health and Consumers. Last updated: 19.11.2009


EUR-Lex - 31993R0095 - EN Avis juridique important | 31993R0095 Council Regulation (EEC) No 95/93 of 18 January 1993 on common rules for the allocation of slots at Community airports Official Journal L 014 , 22/01/1993 P. 0001 - 0006 Finnish special edition: Chapter 7 Volume 4 P. 0188 Swedish special edition: Chapter 7 Volume 4 P. 0188 COUNCIL REGULATION (EEC) No 95/93 of 18 January 1993 on common rules for the allocation of slots at Community airportsTHE COUNCIL OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, and in particular Article 84 (2) thereof, Having regard to the proposal from the Commission (1), Having regard to the opinion of the European Parliament (2), Having regard to the opinion of the Economic and Social Committee (3), Whereas there is a growing imbalance between the expansion of the air transport system in Europe and the availability of adequate airport infrastructure to meet that demand; whereas there is, as a result, an increasing number of congested airports in the Community; Whereas the allocation of slots at congested airports should be based on neutral, transparent and non-discriminatory rules; Whereas the requirement of neutrality is best guaranteed when the decision to coordinate an airport is taken by the Member State responsible for that airport on the basis of objective criteria; Whereas under certain conditions, in order to facilitate operations, it is desirable that a Member State should be able to designate an airport as coordinated provided that principles of transparency, neutrality and non-discrimination are met; Whereas the Member State responsible for the coordinated airport should ensure the appointment of a coordinator whose neutrality should be unquestioned; Whereas transparency of information is an essential element for ensuring an objective procedure for slot allocation; Whereas the principles governing the existing system of slot allocation could be the basis of this Regulation provided that this system evolves in harmony with the evolution of new transport developments in the Community; Whereas it is Community policy to facilitate competition and to encourage entrance into the market, as provided for in Council Regulation (EEC) No 2408/92 of 23 July 1992 on access for Community air carriers to intra-Community air routes (4), and whereas these objectives require strong support for carriers who intend to start operations on intra-Community routes; Whereas the existing system makes provision for grandfather rights; Whereas there should also be provisions to allow new entrants into the Community market; Whereas it is necessary to make special provisions, under limited circumstances, for the maintenance of adequate domestic air services to regions of the Member State concerned; Whereas it is also necessary to avoid situations where, owing to a lack of available slots, the benefits of liberalization are unevenly spread and competition is distorted; Whereas it is desirable to make the best use of the existing slots in order to meet the objectives set out above; Whereas it is desirable that third countries offer Community carriers equivalent treatment; Whereas the application of the provisions of this Regulation shall be without prejudice to the competition rules on the Treaty, in particular Articles 85 and 86; Whereas arrangements for greater cooperation over the use of Gibraltar airport were agreed in London on 2 December 1987 by the Kingdom of Spain and the United Kingdom in a joint declaration by the Ministers of Foreign Affairs of the two countries, and such arrangements have yet to come into operation; Whereas this Regulation should be reviewed after a fixed period of operation to assess its functioning, HAS ADOPTED THIS REGULATION: Article 1 Scope 1. This Regulation shall apply to the allocation of slots at Community airports. 2. The application of this Regulation to the airport of Gibraltar is understood to be without prejudice to the respective legal positions of the Kingdom of Spain and the United Kingdom with regard to the dispute over sovereignty over the territory in which the airport is situated. 3. Application of the provisions of this Regulation to Gibraltar airport shall be suspended until the arrangements in the joint declarations made by the Foreign Ministers of the Kingdom of Spain and the United Kingdom on 2 December 1987 have come into operation. The Governments of Spain and the United Kingdom will so inform the Council of that date. Article 2 Definitions For the purpose of this Regulation: (a) 'slot' shall mean the scheduled time of arrival or departure available or allocated to an aircraft movement on a specific date at an airport coordinated under the terms of this Regulation; (b) 'new entrant' shall mean: (i) an air carrier requesting slots at an airport on any day and holding or having been allocated fewer than four slots at that airport on that day, or, (ii) an air carrier requesting slots for a non-stop service between two Community airport where at most two other air carriers operate a direct service between these airports or airports systems on that day and holding or having been allocated fewer than four slots at that airport on that day for that non-stop service. An air carrier holding more than 3 % of the total slots available on the day in question at a particular airport, or more than 2 % of the total slots avilable on the day in question in an airport system of which that airport forms part, shall not be considered as a new entrant at that airport; (c) 'direct air service' shall mean a service between two airports including stopovers with the same aircraft and same flight number; (d) 'scheduling period' shall mean either the summer or winter season as used in the schedules of air carriers; (e) 'Community air carrier' shall mean an air carrier with a valid operating licence issued by a Member State in accordance with Council Regulation (EEC) No 2407/92 of 23 July 1992 on licensing of air carriers (5); (f) 'coordinated airport' shall mean an airport where a coordinator has been appointed to facilitate the operations of air carriers operating or intending to operate at that airport; (g) 'fully coordinated airport' shall mean a coordinated airport where, in order to land or take off, during the periods for which it is fully coordinated, it is necessary for an air carrier to have a slot allocated by a coordinator; (h) 'airport system' shall mean two or more airports grouped together and serving the same city or conurbation, as indicated in Annex II to Regulation (EEC) No 2408/92. Article 3 Conditions for airport coordination 1. A Member State shall be under no obligation to desginate any airport as coordinated save in accordance with the provisions of this Article. 2. A Member State may, however, provide for any airport to be designated as a coordinated airport provided that principles of transparency, neutrality and non-discrimination are met. 3. (i) When air carriers representing more than a half of the operations at an airport and/or the airport authority consider that capacity is insufficient for actual or planned operations at certain periods or (ii) when new entrants encounter serious problems in securing slots or (iii) when a Member State considers it necessary, the Member State shall ensure that a thorough capacity analysis is carried out, having regard to commonly recognized methods, as soon as possible at the airport with the purpose of determining possibilites of increasing the capacity in the short term through infrastructure or operational changes, and to determine the time frame envisaged to resolve the problems. The analysis, shall be updated periodically. Both the analysis and the method underlying it shall be made available to interested parties. 4. If, after consultation with the air carriers using the airport regularly, their representative organizations, the airport authorities, air traffic control authorities and passengers' organizations where such organizations exist, the analysis does not indicate possibilities of resolving the serious problems in the short term, the Member State shall ensure that the airport shall be designated as fully coordinated for the periods during which capacity problems occur. 5. When a capacity sufficient to meet actual or planned operations is provided at a fully coordinated airport, its desgination as a fully coordinated airport shall be lifted. Article 4 The coordinator 1. The Member State responsible for a coordinated or fully coordinated airport shall ensure the appointment of a natural or legal person with detailed knowledge of air carrier scheduling coordination as airport coordinator after having consulted the air carriers using the airport regularly, their representative organizations and the airport authorities. The same coordinator may be appointed for more than one airport. 2. A Member State shall ensure that the coordinator carries out his duties under this Regulation in an independent manner. 3. The coordinator shall act in accordance with this Regulation in a neutral, non-discriminatory and transparent way. 4. The coordinator shall participate in such international scheduling conferences of air carriers as are permitted by Community law. 5. The coordinator shall be responsible for the allocation of slots. 6. The coordinator shall monitor the use of slots. 7. Where slots are allocated, the coordinator shall, on request and within a reasonable time, make available for review to all interested parties the following information: (a) historical slots by airline, chronologically, for all air carriers at the airport, (b) requested slots (initial submissions), by air carriers and chronologically, for all air carriers, (c) all allocated slots, and outstanding slot requests, listed individually in chronologcial order, by air carriers, for all air carriers, (d) remaining available slots, (e) full details on the criteria being used in the allocation. 8. The information in paragraph 7 shall be made available at the latest at the time of the relevant scheduling conferences and as appropriate during the conferences and thereafter. Article 5 Coordination committee 1. A Member State shall ensure that in an airport that has been designated as fully coordinated a coordination committee is set up to assist, in a consultative capacity, the coordinator referred to in Article 4. Participation in this committee shall be open to at least the air carriers and/or their representative organizations using the airport(s) regularly, the airport authorities concerned and representatives of the air traffic control. The same coordination committee may be designated for more than one airport. The tasks of the coordination committee shall be, inter alia, to advise on: - possibilities for increasing the capacity determined in accordance with Article 6, - improvements to traffic conditions prevailing at the airport in question, - complaints on the allocation of slots as provided for in Article 8 (7), - the methods of monitoring the use of allocated slots, - guidelines for allocation of slots, taking into account local conditions, - serious problems for new entrants as provided for in Article 10. 2. Paragraph 1 may be applied to airports designated as coordinated under the provisions of Article 3. Article 6 Airport capacity 1. At an airport where slot allocation takes place, the competent authorities shall determine the capacity available for slot allocation twice yearly in cooperation with representatives of air traffic control, customs and immigration authorities and air carriers using the airport and/or their representative organizations and the airport coordinator, according to commonly recognized methods. Where the competent authority is not the airport authority it shall also be consulted. This exercise shall be based on an objective analysis of possibilities of accommodating the air traffic, taking into account the different types of traffic at that airport. The results of this exercise shall be provided to the airport coordinator in good time before the initial slot allocation takes place for the purpose of scheduling conferences. 2. Paragraph 1 may be applied to airports designated as coordinated under the provisions of Article 3. Article 7 Information for the coordinator Air carriers operating or intending to operate at a coordinated or fully coordinated airport shall submit to the coordinator relevant information requested by the coordinator. Article 8 Process of slot allocation 1. (a) Subject to the provisions of Article 10, a slot that has been operated by an air carrier as cleared by the coordinator shall entitle that air carrier to claim the same slot in the next equivalent scheduling period. (b) In a situation where all slot requests cannot be accommodated to the satisfaction of the air carriers concerned, preference shall be given to commercial air services and in particular to scheduled services and programmed non-scheduled services. (c) The coordinator shall also take into account additional priority rules established by the air carrier industry and if possible additional guidelines recommended by the coordination committee allowing for local conditions, provided such guidelines respect Community law. 2. If a requested slot cannot be accommodated, the coordinator shall inform the requesting air carrier of the reasons therefore and shall indicate the nearest alternative slot. 3. The coordinator shall, at all times, endeavour to accommodate ad hoc slot requests for any type of aviation including general aviation. To this end, the slots available in the pool referred to in Article 10 but not yet allocated may be used, as may slots liberated at short notice. 4. Slots may be freely exchanged between air carriers or transferred by an air carrier from one route, or type of service, to another, by mutual agreement or as a result of a total or partial takeover or unilaterally. Any such exchanges or transfers shall be transparent and subject to confirmation of feasibility by the coordinator that: (a) airport operations would not be prejudiced; (b) limitations imposed by a Member State according to Article 9 are respected; (c) a change of use does not fall within the scope of Article 11. 5. Slots allocated to new entrants operating a service between two Community airports may not be exchanged or transferred between air carriers or by an air carrier from one route to another as provided for in paragraph 4 for a period of two seasons. 6. The Commission may establish, after consultations with air carriers, coordinators, and airport authorities, recommended standards for the automated systems which are used by the coordinators in order to ensure the proper implementation of Articles 4 and 7. 7. Where there are complaints about the allocation of slots, the coordination committee shall consider the matter and may make proposals to the coordinator in an attempt to resolve the problems. 8. If the problems cannot be resolved after consideration by the coordination committee, the Member State concerned may provide for mediation by an air carriers' representative organization or other third party. Article 9 Regional services 1. A Member State may reserve certain slots at a fully coordinated airport for domestic scheduled services: (a) on a route to an airport serving a peripheral or development region in its territory, any such route being considered vital for the economic development of the region in which the airport is located, on condition that: (i) the slots concerned are being used on that route at the time of entry into force of this Regulation; (ii) only one air carrier is operating on the route; (iii) no other mode of transport can provide an adequate service; (iv) the reservation of slots shall end when a second air carrier has established a domestic scheduled service on the route with the same number of frequencies as the first air carrier and operated it for at least a season; (b) on routes where public service obligations have been imposed under Community legislation. 2. The procedures in Article 4 (1) (d) to 4 (1) (i) of Regulation (EEC) No 2408/92 shall be applied if another Community air carrier is interested in servicing the route and has not been able to obtain slots within one hour before or after the times requested of the coordinator. 3. The Member State shall communicate to the Commission a list of routes for which slots have been so reserved at a fully coordinated airport. This shall first be done at the entry into force of this Regulation. The Commission shall publish an overview of the routes concerned in the Official Journal of the European Communities not later than two months after the communication. Article 10 Slot pool 1. At an airport where slot allocation takes place, a pool shall be set up for each coordinated period and shall contain newly created slots, unused slots and slots which have been given up by a carrier during, or by the end of, the season or which otherwise become available. 2. Any slot not utilized shall be withdrawn and placed in the appropriate slot pool unless the non-utilization can be justified by reason of the grounds of the grounding of an aircraft type, or the closure of an airport or airspace or other similarly exceptional case. 3. Slots which are allocated to an air carrier for the operation of a scheduled service or a programmed non-scheduled service on a particular moment of a day and for the same day of the week over a recognizable period up to one scheduling period shall not entitle that air carrier to the same series of slots in the next equivalent period, unless the air carrier can demonstrate to the satisfaction of the coordinator that they have been operated, as cleared by the coordinator, by that air carrier for at least 80 % of the time during the period for which they have been allocated. 4. Slots allocated to an air carrier before 31 January for the following summer season, or before 31 August for the following winter season, but which are returned to the coordinator for reallocation before those dates shall not be taken into account for the purposes of the usage calculation. 5. If the 80 % usage of the series of slots cannot be demonstrated, all the slots constituting that series shall be placed in the slot pool, unless the non-utilization can be justified on the basis of any of the following reasons: (a) unforeseeable and irresistible cases outside the air carrier's control leading to, for example: - grounding of the aircraft type generally used for the service in question, or - closure of an airport or airspace; (b) problems relating to the starting up of a new scheduled passenger service with aircraft of no more than eighty seats on a route between a regional airport and the coordinated airport and where the capacity does not exceed 30 000 seats per year, or (c) serious financial damage for a Community air carrier concerned, with, as a result, the granting of a temporary licence by the licensing authorities pending financial reorganization of the air carrier in accordance with Article 5 (5) of Regulation (EEC) No 2407/92; (d) an interruption of a series of non-scheduled services due to cancellations by tour operators, in particular outside the usual peak period, provided that overall slot usage does not fall below 70 %; (e) an interruption of a series of services due to action intended to affect these services, which makes it practically and/or technically impossible for the air carrier to carry out operations as planned. 6. If serious problems continue to exist for new entrants, the Member State shall ensure that a meeting of the airport coordination committee is convened. The purpose of the meeting shall be to examine possibilities for remedying the situation. The Commission shall be invited to such a meeting. 7. Without prejudice to Article 8 (1) of Regulation (EEC) No 2408/92, slots placed in the pools shall be distributed among applicant carriers. 50 % of these slots shall be allocated to new entrants unless requests by new entrants are less than 50 %. 8. A new entrant which has been offered slots within two hours before or after the time requested but has not accepted this offer shall not retain the new entrant status. Article 11 Safeguard mechanism 1. Where a solution cannot be found under paragraph 2 and taking into account that competition between the air carriers concerned should not be distorted, an air carrier shall not be allowed to use the flexibility provided for in Article 8 (4) for the purpose of introducing one or more additional frequencies on a route between a fully coordinated airport within the Community and an airport in another Member State, if another Community air carrier, licensed by another Member State, has not been able, despite serious and consistent efforts, to obtain landing and departure slots which can reasonably be used for providing one or more additional frequencies on the route within two hours before or after the times requested of the coordinator. This provision shall not apply if the air carrier using the flexibility provided for in Article 8 (4) does not exceed the frequencies of the other air carrier. 2. Taking into account that competition between the air carriers concerned should not be distorted, the Member States responsible for the fully coordinated airport referred to in paragraph 1 shall endeavour to facilitate an agreement between the air carriers concerned. An alternative solution to the problem should be sought such as: - endeavouring to ensure that the request for slots of the air carrier licensed by the other Member State is accommodated, - the reasonable use by that carrier of the flexibility provided for in Article 8 (4). 3. A Member State concerned may request the Commission to investigate the application of this Article within two months of an air carrier informing the coordinator of its intention to use the flexibility provided for in Article 8 (4). Article 12 General provisions 1. Whenever it appears that a third country, with respect to the allocation of slots at airports, (a) does not grant Community air carriers treatment comparable to that granted by Member States to air carriers from that country, or (b) does not grant Community air carriers de facto national treatment, or (c) grants air carriers from other third countries more favourable treatment than Community air carriers, appropriate action may be taken to remedy the situation in respect of the airport or airports concerned, including the suspension wholly or partially of the obligations of this Regulation in respect of an air carrier of that third country, in accordance with Community law. 2. Member States shall inform the Commission of any serious difficulties encountered, in law or in fact, by Community air carriers in obtaining slots at airports in third countries. Article 13 Report and cooperation 1. The Commission shall submit a report to the European Parliament and the Council on the operation of this Regulation three years after its entry into force. This report should include inter alia the following elements: (a) the structure of the airline industry; (b) progress made by the industry in reducing the non-use of slots; (c) size of the slot pool, as defined in Article 10 (1), each season at selected airports; (d) volume of unsuccessful applications for slots each season at selected airports; (e) number of new entrants applying for slots each season at selected airports; (f) use of dispute procedures established within the terms of Article 8. 2. Member States and the Commission shall cooperate in the application of this Regulation, particularly as regards the collection of information for the report mentioned in paragraph 1. Article 14 Revision The Council shall decide on the continuation or revision of this Regulation by 1 July 1997, on the basis of a proposal from the Commission to be submitted no later than 1 January 1996. Article 15 Entry into force This Regulation shall enter into force on the thirtieth day following that of its publication in the Official Journal of the European Communities. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 18 January 1993. For the Council The President T. PEDERSEN (1) OJ No C 43, 19. 2. 1991, p. 3. (2) OJ No C 13, 20. 1. 1992, p. 446. (3) OJ No C 339, 31. 12. 1991, p. 41. (4) OJ No L 240, 24. 8. 1992, p. 8. (5) OJ No L 240, 24. 8. 1992, p. 1.

Summary: Allocation of time slots at EU airports Allocation of time slots at EU airports SUMMARY OF: Regulation (EEC) No 95/93 on common rules for the allocation of slots at EU airports (Slot Regulation) WHAT IS THE AIM OF THE REGULATION? It aims to ensure that, where airport capacity is scarce, the available landing and take-off slots* are used efficiently and distributed in a fair, non-discriminatory and transparent way. KEY POINTS The regulation lays down the objective criteria on the basis of which an airport can be designated as a coordinated airport* or a schedules facilitated airport* if its capacity is insufficient. European Union (EU) Member States can designate any airport a coordinated airport provided that: a capacity analysis is carried out; there is a serious shortfall of capacity which cannot be resolved in the short term. Coordinator / schedules facilitator The Member State responsible for a coordinated or schedules facilitated airport must appoint a qualified individual or legal body with extensive experience of the coordination involved in planning the movements of aircraft as airport coordinator or schedules facilitator. The coordinator or schedules facilitator acts in a neutral, non-discriminatory and transparent manner and should be functionally separated from any single interested party. The system of financing the coordinator’s activities will be such as to guarantee the coordinator’s independent status. The same coordinator may be appointed for more than one airport. Airport capacity Airport slot capacity available for allocation is determined twice yearly by the competent authorities, according to the two programming ‘seasons’ (winter and summer) in place in international aviation. Calculation of an airport’s capacity is based on an objective analysis of the possibilities of accommodating the air traffic. Air carriers must provide any relevant information requested by the coordinator. Coordination committee The Member State responsible must ensure that a coordination committee is set up at a coordinated airport. The coordination committee makes proposals and advises the coordinator on all questions relating to the capacity of the airport, and in particular: opportunities to increase capacity,coordination parameters,methods of monitoring,local guidelines. Membership of this committee is open to: air carriers using the airport,the managing body of the airport,air traffic control authorities,general aviation representatives. Procedure for allocation of time slots The general principle regarding slot allocation is that an air carrier having operated a particular slot series* for at least 80% of the summer or winter scheduling period is entitled to the same slot series in the equivalent scheduling period of the following year (known as grandfather rights). Consequently, slot series which are not sufficiently used by air carriers are returned to the slot pool for reallocation (the ‘use it or lose it’ rule). Slot pools may be set up containing newly created time slots, unused slots and slots which have been given up by a carrier or have otherwise become available. The coordinator also takes into account additional rules and guidelines established by the air transport industry and local guidelines proposed by the coordination committee and approved by the Member State or any other competent body responsible for the airport, provided the rules or guidelines are compatible with the slot regulation and EU law. If a requested slot cannot be accommodated, the coordinator informs the requesting air carrier of the reasons why and indicates the nearest alternative slot. Slots may be exchanged one-for-one between air carriers or transferred between air carriers in certain specified circumstances (for instance, between parent and subsidiary companies, in the event of a partial or total takeover, or transfer to a different route). In such cases, explicit confirmation from the coordinator is always required. A Member State may reserve certain slots for regional services. Enforcement An air carrier’s flight plan may be rejected by the competent air traffic management authorities if the air carrier intends to land or take off at a coordinated airport without having a slot allocated by the coordinator. If an air carrier repeatedly and intentionally operates air services at a significantly different time from the allocated slots or in a significantly different way, the coordinator may decide to withdraw the series of slots in question from that air carrier . Consequently, that air carrier may lose its grandfather rights. Member States must ensure that effective, proportionate and dissuasive sanctions are available in order to deal with this type of situation. Amendments The original regulation has been amended eight times. In 2002, following the September 2001 terrorist attacks, to allow air carriers to maintain slots allocated to them for 2001 during summer 2002 and winter scheduling season 2002/2003 (Regulation (EC) No 894/2002). In 2003, to take account of the war launched against Iraq and the outbreak of severe acute respiratory syndrome, to ensure that the non-utilisation of slots allocated for the 2003 season did not cause air carriers to lose their entitlement to those slots (Regulation (EC) No 1554/2003). In 2004, to clarify the application of the existing system on a number of different points, including the independent status of coordinators and the functioning of slot-allocation procedures (Regulation 793/2004/EC). In 2009, in view of the global economic and financial crisis, to ensure that the non-utilisation of slots allocated for the summer 2009 scheduling period did not cause air carriers to lose their entitlement to those slots (Regulation (EC) No 545/2009). In 2020, in view of the COVID-19 crisis, to ensure that the non-utilisation of slots allocated for March 2020 (and for routes to China and Hong Kong from 23 January to 29 February 2020) and those allocated for entire summer 2020 scheduling period did not cause air carriers to lose their entitlement to those slots (Regulation (EU) No 2020/459). In October 2020, these measures were extended until 27 March 2021 in order to release the pressure on the whole aviation industry and decrease emissions by avoiding airlines flying almost empty aircraft (Delegated Regulation (EU) 2020/1477). In February 2021, Regulation (EU) 2021/250 amended Regulation (EEC) No 95/93 to give further temporary relief from the slot utilisation rules at EU airports due to the COVID-19 crisis. Due to the decline in passenger demand, air carriers have had to make major changes to their schedules since 1 March 2020. These have resulted in a slot utilisation rate at coordinated airports falling far below the 80% threshold imposed by the slot regulation. The amending regulation permits airlines to return 50% of their slot series before the start of the 2021 summer season without losing grandfather rights to them, but airlines will have to use at least 50% of the remaining slots if they want to keep them. Airlines can justify their non-use of slots in case measures adopted by public authorities severely impede air travel on a route (the ‘justified non-use of slots’ exception). Airlines will have to return any slot they do not intend to use at least 3 weeks before the planned flight, so that other airlines have the possibility to take up this unused capacity. The European Commission has the power to set an appropriate utilisation threshold for the winter 2021/2022 and summer 2022 seasons with delegated acts. In October 2021, Delegated Regulation (EU) 2021/1889 amended Council Regulation (EEC) No 95/93 to extend measures for temporary relief from the slot utilisation rules (including the justified non-use of slots exception) due to the continuing impact of the COVID-19 pandemic on air traffic. Since a significant number of cancellations are expected over the winter 2021/2022 scheduling period (running from 31 October 2021 to 26 March 2022) as a result of the pandemic, the slot use rate for the period is set to 50% . The possibility for airlines to hand back a percentage of their slots before the start of the season without losing their grandfather rights in them was not extended, as it is beyond the scope of the Commission’s powers. FROM WHEN DOES THE REGULATION APPLY? It has applied since 22 February 1993. BACKGROUND Following communications published in 2007 and 2008 on the application of the regulation, the Commission issued a proposal to recast the regulation in 2011. The proposal is under scrutiny in the legislative procedure between the European Parliament and the Council of the European Union. For further information, see: Slots (European Commission). KEY TERMS Slots. A permission given by a coordinator to use the full range of airport infrastructure necessary to operate an air service at a coordinated airport on a specific date and time for the purpose of landing or take-off. Coordinated airport. An airport with a high level of congestion where demand exceeds capacity during the relevant period and where, in order to land or take off, it is necessary for an air carrier to have a slot allocated by a coordinator. Schedules facilitated airport. An airport with a potential for congestion at some periods and where a schedules facilitator has been appointed to facilitate the operations of air carriers operating or intending to operate at that airport. Slot series. At least five slots requested and allocated for the same time on the same day of the week in a scheduling period. MAIN DOCUMENT Council Regulation (EEC) No 95/93 of 18 January 1993 on common rules for the allocation of slots at Community airports (OJ L 14, 22.1.1993, pp. 1–6). Successive amendments to Regulation (EEC) No 95/93 have been incorporated into the original text. This consolidated version is of documentary value only. RELATED DOCUMENTS 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 (2008) 227 final, 30.4.2008). Communication from the Commission on the application of Regulation (EC) 793/2004 on common rules for the allocation of slots at Community airports (COM(2007) 704 final, 15.11.2007). last update 24.11.2021