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5. Where data published by Eurocontrol clearly shows that weekly air traffic, over a period of 2 consecutive weeks, has fallen below 80 % of 2019 levels of the corresponding weeks, due to COVID-19 crisis, other epidemiological situations or as a direct effect of Russia’s war of aggression against Ukraine, and that, on the basis of Eurocontrol traffic forecasts, the reduction in the level of air traffic as compared to the level in the corresponding period in 2019 is likely to persist, the Commission is empowered to adopt delegated acts in accordance with Article 12a to amend the percentage values set out in paragraph 3 of this Article and in Article 8(2), Article 10(2) and (4) and Article 14(6), first subparagraph, within a range between 0 % and 70 % for any scheduling period falling between 30 October 2022 and 28 October 2023. The percentage value applied shall be proportionate to the level of air traffic forecasts by Eurocontrol. When adopting those delegated acts, the Commission shall have regard to all the following elements:

(a) data published by Eurocontrol on traffic levels and traffic forecasts;

In view of the preparation of schedules by air carriers ahead of the scheduling period, the Commission shall endeavour to adopt those delegated acts pursuant to this paragraph before the start of the scheduling period, in order to allow air carriers to plan their flight schedules. The Commission may adopt such acts during the scheduling period in case of unforeseen circumstances.

5a. Where the Commission finds that due to the destruction of infrastructure and impact on living conditions as a result of Russia’s war of aggression against Ukraine, the gradual restoration of air traffic between Ukraine and the Union requires a lower use rate for routes serving Ukraine, the Commission is empowered to adopt delegated acts in accordance with Article 12a to amend the percentage values set out in paragraph 3 of this Article and in Article 8(2), Article 10(2) and (4) and Article 14(6), first subparagraph, within a range between 0 % and 70 % for slots used on routes to or from Ukraine for any scheduling period falling between 30 October 2022 and 28 October 2023. When adopting those delegated acts, the Commission shall have regard to the following elements:

(a) data published by Eurocontrol on traffic levels and traffic forecasts on routes between the Union and Ukraine;

(b) indicators relating to demand for passenger and cargo air transport, including trends in forward bookings and planned airline schedules;

(c) forced re-routings due to airspace closures or prohibition on Union air carriers to enter a third country airspace taking into account advice from the European Union Aviation Safety Agency in its Conflict Zone Information Bulletin.

6. Where, as a result of the prolonged impact of the COVID-19 crisis, of other epidemiological situations or of the direct effects of Russia’s war of aggression against Ukraine, imperative grounds of urgency so require, the procedure provided for in Article 12b shall apply to delegated acts adopted pursuant to this Article.

7. During a period where slot relief applies according to paragraph 3, 5 or 5a of this Article, air carriers shall make available to the coordinator, for reallocation to other air carriers, any slot that they do not intend to use, no less than 3 weeks before the date of intended operation. Without prejudice to Article 10(4) and (4a), where an air carrier fails to make available to the coordinator more than three slots in a series in accordance with this paragraph, that carrier shall be entitled to the entire series of slots in the next equivalent scheduling period only if the entire series of slots has been operated, or if the entire series of slots has been deemed to have been operated in accordance with Article 10(4b), by the carrier for at least 80 % of the time, regardless of whether Article 8(2) and Article 10(2) have been amended by the delegated act referred to in this Article.

Allocation of slots in response to certain crisis situations ————— 3. During the period from 30 October 2022 until 25 March 2023 and for the purposes of Article 8(2), Article 10(2) and (4) and Article 14(6), first subparagraph, if an air carrier demonstrates to the satisfaction of the coordinator that it has operated the series of slots that was allocated to it, as cleared by the coordinator, for at least 75 % of the time during the scheduling period for which it has been allocated, that air carrier shall be entitled to the same series of slots for the next equivalent scheduling period.

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(b) indicators relating to demand for passenger and cargo air transport, including trends regarding forward bookings, airlines planned schedules, fleet size, fleet utilisation, and load factors;

(c) measures by public authorities linked to the COVID-19 crisis or another epidemiological situation resulting in an significant effect on air traffic levels to or from Union airports, forced re-routings due to airspace closures or a prohibition on Union air carriers to enter a third-country airspace, taking into account advice from the European Union Aviation Safety Agency in its Conflict Zone Information Bulletin;

(d) data from the European Centre for Disease Control and the World Health Organisation on COVID-19 or another epidemiological situation characterised as highly contagious and likely to induce a severe downturn in air travel.