WASHINGTON – Today, U.S. Sen. Mark R. Warner (D-VA) urged the Trump Administration to work with the European Commission and other European aviation officials to address the negative economic and environmental impacts of a rule that is forcing airlines to fly nearly empty “ghost flights” in the wake of the novel coronavirus (COVID-19) outbreak.

“Amid the spread of the coronavirus, airlines around the world have seen passenger levels drop dramatically. This month, the International Air Transport Association said that global revenue losses for passenger business could be between $63 and $113 billion,” wrote Sen. Warner in a letter to Secretary of Transportation Elaine Chao and Secretary of State Mike Pompeo. “With demand dropping, there have been reports of air carriers flying “ghost flights” – in many cases with less than 40% of the aircraft occupied – in order to meet their slot requirements at European airports. In addition to the costs to airlines of running these flights, we should be concerned about the environmental impact of running undersold and empty flights for the sole purpose of maintaining global slots.”

“Some slot regulations have been relaxed around the world, in particular with regard to flights to and from mainland China. However, I urge European officials to make similar moves to provide flexibility around slot allocation rules,” he continued. “The response to this virus is truly a global concern, and we must recognize that certain norms need to be reviewed, as the world takes appropriate measures to slow the outbreak.”

The current “use-it-or-lose-it” rule requires that airlines fill 80 percent of the slots allocated to them at major European airports in order to keep the same slots in the next season. However, as demand for flights has fallen due to the coronavirus outbreak, airlines have been forced to fly nearly empty flights in order to keep their European airport slots.  

Around the world, the novel coronavirus has sickened more than 113,000 people and killed more than 4,000 people to date. In the Commonwealth of Virginia alone, there have been eight identified cases of the virus.

In his letter, Sen. Warner noted that the regulation governing the “use-it-or-lose-it” rule allows for non-use of the slots in “unforeseeable and irresistible cases outside the air carrier's control.” He also highlighted that this exemption has been previously used, following the September 11, 2001 terrorist attacks, and amid the SARS outbreak in 2003.

A copy of the letter is available here and below. A list of Sen. Warner’s work on coronavirus is available here.

March 10, 2020

The Honorable Elaine Chao

Secretary of Transportation

U.S. Department of Transportation

1200 New Jersey Avenue SE

Washington, D.C. 20590

The Honorable Mike Pompeo

Secretary of State

U.S. Department of State

2201 C Street NW

Washington, D.C. 20520

Dear Secretary Chao and Secretary Pompeo:

As the United States and governments around the world react to the outbreak and spread of the novel coronavirus, or COVID-19, I write to urge you to work with the European Commission and other European aviation officials to address the potential negative impacts of the so-called “use-it-or-lose-it” rule at European airports as a result of COVID-19. 

The novel coronavirus has sickened more than 113,000 people around the world, and killed more than 4,000 people to date.  While this situation is rapidly evolving around the world, including in the United States and Europe, the U.S. Centers for Disease Control and Prevention has said the potential public health threat posed by COVID-19 is very high and the spread of the disease in other countries shines a light on the need for a whole-of-society response.

The EU’s slot regulation rule, or “use-it-or-lose-it,” requires that airlines fill 80 percent of the slots allocated to them at major European airports in order to keep the same slots in the next season.  Amid the spread of the coronavirus, airlines around the world have seen passenger levels drop dramatically.  This month, the International Air Transport Association said that global revenue losses for passenger business could be between $63 and $113 billion.  With demand dropping, there have been reports of air carriers flying “ghost flights” – in many cases with less than 40% of the aircraft occupied – in order to meet their slot requirements at European airports.  In addition to the costs to airlines of running these flights, we should be concerned about the environmental impact of running undersold and empty flights for the sole purpose of maintaining global slots.

Some slot regulations have been relaxed around the world, in particular with regard to flights to and from mainland China.  However, I urge European officials to make similar moves to provide flexibility around slot allocation rules.  The regulation governing the rule allows for non-use of the slots for “unforeseeable and irresistible cases outside the air carrier's control.”  The Commission has invoked this exemption before, in 2002 following the terrorist attacks on September 11, 2001, in 2003 amid the SARS outbreak, and in other cases of global financial stress on airlines.

The response to this virus is truly a global concern, and we must recognize that certain norms need to be reviewed, as the world takes appropriate measures to slow the outbreak.  I encourage you to work with stakeholders to ensure the stability of passenger-travel industries.  I ask that you keep me apprised of your efforts in this matter – I stand ready to help in any way I can.

Sincerely,

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