ACNL Guidance related to Boeing 737 MAX Aircraft

The following paper provides guidance in response to the announcement on 12/13 March by a number of Regulatory Authorities requiring air operators to cease operations of Boeing 737 MAX aircraft.

Should a carrier require further clarity on this document or would like ACNL to review a particular set of circumstances against these guidelines, they should contact ACNL.

References

EU Slot Regulation 95/93

• Art 10 (4)- reasons for the non-utilisation of slots

Worldwide Slot Guidelines (WSG)

• 8.8 –Justified non-utilisation of slots

Request for alleviation

As per Art 10 (4) of the EU Slot Regulation and 8.8 of the WSG, ACNL will grant alleviation to air carriers that are required to cancel services as a direct result of this aircraft type not being permitted to serve airports affected.

Alleviation will be granted from the 12 March until the ban upon operating the Boeing 737 MAX aircraft has been lifted. After that moment the necessary recovery period has to be agreed upon between airline and ACNL. It is the airline’s responsibility to contact ACNL.

Consequential impact and/or cancellations caused directly by this measure may also be considered for alleviation in order to allow air carriers flexibility to mitigate the impact. The burden of proof rests with the air carrier to demonstrate that the consequential impact is a direct result of the stopping of Boeing 737 MAX services.

ACNL will continue to monitor developments and alter its guidance if necessary.

This guidance applies to Amsterdam Airport Schiphol (AMS), Eindhoven Airport (EIN) and Rotterdam-The Hague Airport (RTM).