Changes to procedures for processing extra-bilateral flight applications

Changes to the Department for Transport's procedures for processing applications by foreign airlines wishing to operate extra-bilateral charter flights (passenger or cargo) to or from the UK

In the light of the European Court of Justice judgement in the November 2002 "Open Skies" cases, the Department for Transport has been reviewing its procedures for handling applications for ad-hoc extra-bilateral (fifth and seventh freedom) charter flights to or from the UK. I am writing to you to set out the conclusions of that review.

Following last November's judgement we consider that several changes are required to the operation of both our passenger and cargo procedures to make them comply with the requirement on the UK, under Article 43 of the EC Treaty ("Right of Establishment"), to ensure the non-discriminatory treatment of all Community air carriers established in the UK. We have concluded that the Department for Transport's procedures;

(i) can no longer require non-UK Community carriers established in the UK to seek non-objections from UK carriers in order to operate extra-bilateral charter flights;

(ii) can no longer place seasonal or other limits upon the number of flights performed by non-UK Community carriers established in the UK;

(iii) must make provision for Community carriers established in the UK to object to flights by third country carriers who are still subject to the objection procedure.

Points (i) and (ii) above will apply with immediate effect. In order to comply with (iii) above, we are requesting that any non-UK Community carrier established in the UK who wishes to be consulted under the non-objection procedure register their details with us.

This communication is separate from our recent consultation on wider changes to the Department's Fifth Freedom Cargo Procedures.