Introduction to Air Traffic Rights

Introduction to Air Traffic rights

• Type of air transport services

- Scheduled Air Services

- Non-scheduled Air Services (Charter/ Private flight)

• Air traffic rights will be negotiated only for scheduled air services.

International instrument used to regulate international air transport

• Bilateral Agreement

• Multilateral Agreement

1. EU Liberalization

2. ASEAN Single Aviation Market (ASAM)

Air Services Agreement

• Air Services Agreement/Air Transport Agreement is the agreement between 2 Contracting states. The agreement is basically composed of many articles such as Traffic rights, Designation, Tariffs, Commercial Opportunities, Code-sharing, Competition, Charter Draft ASA.

Air Traffic Rights

5

1st Freedom A civil aircraft of one country has the right to fly over the territory of another country without landing.

2nd Freedom A civil aircraft of one country has the right to land in another country for technical reasons, such as refueling or maintenance without offering any commercial service to or from that point.

Air Traffic Rights

6

3rd Freedom An airline has the right to carry traffic from its country of registry to another country.

4th Freedom An airline has the right to carry traffic from another country to its own country of registry.

5th Freedom An airline has the right to carry traffic between two countries outside its own country of registry so long as the flight originates or terminates in its own country of registry.

Air Traffic Rights

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6th Freedom An airline has the right to carry traffic between two foreign countries via its own flag State of registry.

7th Freedom An airline operating entirely outside the territory of its State of registry has the right to fly into another State and there discharge, or take on, traffic coming from, or destined to, a third State.

Air Traffic Rights

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8th Freedom An airline has the right to carry traffic from one point in the territory of a country to another point in the same country on a flight which originates in the airline’s home country. (Consecutive cabotage)

9th Freedom An airline has the right to carry traffic from one point in the territory of a country to another point in the same country. (Pure cabotage)

The application of Air Services Agreement

• Bilateral Air Services Agreement

- 1st – 5th traffic rights

- 7th traffic right for cargo only

• Asean Multilateral air services agreement

- 1st – 5th traffic rights 29th ATWG-Agenda Item 6-Ratification status of ASEAN Transport Agreements (as of 7 April 2014).docx (PRESENTATION).docx

Q & A

Page 1 of 2

ASEAN TRANSPORT INSTRUMENTS AND STATUS OF RATIFICATION

(As of 20 December 2013)

INSTRUMENT

DATES

OF SIGNING

DATES OF RATIFICATION BY MEMBER STATES DATE OF

ENTRY INTO FORCE BNR CAM INA LAO MAL MYM PHI SIN THA VNM

AIR TRANSPORT

ASEAN Multilateral Agreement on the

Full Liberalisation of Air Freight Services (CARGO)

20/05/09 30/03/10 05/05/11 17/03/11 15/12/09 07/08/09 19/04/10 03/07/09 13/10/09 22/12/09 EIF among

those ratified

Protocol 1 Unlimited Third, Fourth

and Fifth Freedom Traffic Rights among Designated Points in ASEAN

20/05/09 30/03/10 05/05/11 17/03/11 23/03/09 07/08/09 19/04/10 03/07/09 13/10/09 22/12/09 EIF among

those ratified

Protocol 2 Unlimited Third, Fourth And Fifth Freedom Traffic Rights among All Points

with International Airports in ASEAN

20/05/09 30/03/10 05/05/11 17/03/11 23/01/10 07/08/09 19/04/10 03/07/09 13/10/09 22/12/09 EIF among

those ratified

ASEAN Multilateral Agreement on Air Services (PASSENGER & CARGO)

20/05/09 30/03/10 05/05/11 24/11/11 17/03/11 15/12/09 07/08/09 19/04/10 03/07/09 13/10/09 22/12/09 EIF among

those ratified

Protocol 1 Unlimited Third and Fourth Freedom Traffic

Rights within the ASEAN Sub-Region

20/05/09 30/03/10

05/05/11

24/11/11 17/03/11 23/01/10 07/08/09 19/04/10 03/07/09 13/10/09 22/12/09 EIF among

those ratified

Protocol 2 Unlimited Fifth Freedom

Traffic Rights within the ASEAN Sub-Region

20/05/09 30/03/10 05/05/11 24/11/11 17/03/11 23/01/10 07/08/09 19/04/10 03/07/09 13/10/09 22/12/09 EIF among

those ratified

Protocol 3 Unlimited Third and

Fourth Freedom Traffic Rights between the ASEAN Sub-Regions

20/05/09 30/03/10 05/05/11 27/11/12 17/03/11 23/01/10 01/07/11 19/04/10 03/07/09 13/10/09 22/12/09 EIF among

those ratified

Page 2 of 2

INSTRUMENT

DATES OF

SIGNING

DATES OF RATIFICATION BY MEMBER STATES DATE OF ENTRY INTO

FORCE BNR CAM INA LAO MAL MYM PHI SIN THA VNM

Protocol 4 Unlimited Fifth Freedom Traffic Rights between the

ASEAN Sub-Regions

20/05/09 30/03/10 05/05/11 27/11/12 17/03/11 23/01/10 01/07/11 19/04/10 03/07/09 13/10/09 22/12/09 EIF among

those ratified

Protocol 5 Unlimited Third and Fourth Freedom Traffic

Rights between ASEAN Capital Cities

20/05/09 30/03/10 05/05/11 17/03/11 23/01/10 01/07/11 03/07/09 13/10/09 22/12/09 EIF among

those ratified

Protocol 6 Unlimited Fifth Freedom

Traffic Rights between ASEAN Capital Cities

20/05/09 30/03/10 05/05/11 17/03/11 23/01/10 01/07/11 03/07/09 13/10/09 22/12/09 EIF among

those ratified

ASEAN Multilateral Agreement on the

Full Liberalisation of Passenger Air Services (PASSENGER & CARGO)

12/11/10 20/2/13 30/07/13 24/5/11 01/07/11 28/03/12 14/03/11 02/09/11 30/09/11

Protocol 1 Unlimited third and fourth

freedom traffic rights between any ASEAN cities

12/11/10 20/2/13 30/07/13 24/5/11 01/07/11

28/03/12 14/03/11 02/09/11 04/11/11

Protocol 2 Unlimited fifth freedom traffic rights Between any ASEAN cities

12/11/10 20/2/13 30/07/13 24/5/11 01/7/11

28/03/12 14/03/11 02/09/11 04/11/11

Air Transport Agreement between the Governments of the Member States of the Association of Southeast Asian

Nations and the Government of the People’s Republic of China (CHINA)

13/01/11 08/04/13 24/06/11

4/6/12

27/5/11 13/09/11 09/11/11

Protocol 1 Unlimited Third and Fourth

Freedom Traffic Rights Between Any Points in Contracting Parties

13/01/11 08/04/13 24/06/11

4/6/12 27/5/11 13/09/11 09/11/11