Consumer & Markets Group
Airline Licensing
21 March 2019
Dear Colleagues,
UNITED KINGDOM FOREIGN CARRIER PERMIT AND THIRD COUNTRY OPERATING CERTIFICATE – AD-HOC CHARTER FLIGHTS
All non-UK air carriers intending to operate flights to, from, within or via the United Kingdom must hold a Foreign Carrier Permit prior to any commercial flight being undertaken. This letter is aimed at assisting those operators that undertake ad-hoc charter operations with aircraft of less than 19 seats.
Why are we writing to you?
Our records indicate that you may currently, or have previously, undertaken commercial operations of this nature to the United Kingdom. You may also have come to our attention through having applied for, or indeed have been granted, a UK-TCO
This letter sets out the basis on which such ad-hoc Permits will be granted and the structure the CAA has introduced in relation to the grant of Third Country Operator certificates (TCO’s) following the UK’s withdrawal from the European Union (EU).
As an EU27 or EFTA carrier you currently benefit from an exemption that allows you to undertake UK commercial operations without prior approval provided that the points served are all within the boundaries of the European Common Aviation Area (ECAA).
That exemption will be withdrawn as part of the UK’s departure from the EU as the UK will no longer be part of the ECAA. Thereafter any commercial charter or scheduled flight (cargo or passenger) undertaken by EU27 and EFTA carrier flights to, from, within or via the United Kingdom will require a Foreign Carrier Permit (Permit) before they can be performed.
UK’s Withdrawal from the European Union (Brexit)
You will be aware that the UK Government is still in discussion with the EU over the terms and timeline of its exit. A Withdrawal Agreement is pending ratification which if adopted would provide for a transition period until December 2020 (which could be extended further). During any transition period EU law would still be applicable to the UK, and the UK would still be subject to EU-negotiated Air Transport Agreements. In that instance EU27, or EFTA operators would not need a Permit or TCO for operations to, from or within the UK as it would still be part of the European Common Aviation Area (ECAA). In the absence of any transition period or other arrangement, the UK will exit the Union at 24.00 CET on Friday, 29 March 2019.
The UK Government has announced the basis on which EU27 carriers will be permitted to undertake services, essentially on the basis of reciprocity for UK carriers, following the UK’s exit. EU27 carriers will also be permitted to undertake cabotage flights in the UK until to 27 October 2019. Thereafter cabotage requests will be considered on a case-by-case basis. Cabotage requests for EEA and Swiss carriers will also considered on an individual basis from the date of the UK’s exit. Note that private or state flights, or those undertaken for non-revenue purposes, such as positioning, will still be allowed to be undertaken without a Permit needing to be held.
Foreign Carrier Permit
As an operator which has undertaken commercial services to or from the UK, you may already be familiar with the principles of the CAA’s Permit application process, but there are several changes that will come into effect on the UK’s exit from the EU.
The CAA currently issues an ad-hoc charter Permit to EU carriers covering either one, or a short series of flights on a route-by-route basis for services between the United Kingdom and countries outside of the ECAA. That process for flights of this nature will remain unchanged. The application form and more information can be found here.
Given the nature of existing ad-hoc charter operations between the UK and the ECAA, the CAA has reviewed its current process to minimise any additional administrative burden, whilst ensuring the interests of consumers are protected and the position of UK industry supported. We have therefore decided to introduce a new type of Permit – the “Block Permit”.
A Block Permit will apply to flights between the UK and EU27 or EFTA countries only, it will not be route specific and will be granted for a 3-month period. The CAA will carefully monitor the approach that EU27 and EFTA Member States take in granting reciprocal traffic rights to UK carriers in this period. On the basis of that evaluation the CAA will extend the permit for a further period. The length of the extension has yet to be decided, but will be for a minimum of 3 months and for a maximum of 9 months. The Block Permit application form will be on our website shortly, but in the interim I attach a copy which may be used now.
Applicants for either type of Permit will need to provide copies of the following documents:
• Details of the registration (tail numbers) and aircraft types of all aircraft planned to be operated to and from the UK;
• Copy insurance certificates for all the aircraft it is planned to operate;
Please note that copies of any additional documents (such as Airworthiness Certificates, Noise
Certificates or Radio Licences) will not be required unless requested.
Leased Aircraft
If an applicant utilises aircraft on wet-lease from another carrier then we will need the following additional information:
• Written confirmation that the lease has been approved by the lessee’s aeronautical authorities;
• A copy of the wet lease agreement;
• Confirmation of which airline’s operations and flight manuals will be used
Administration Fee
Applications for a Foreign Carrier Permit will incur a £78 administration fee details of which can be found here. Note this fee will rise to £80 with effect from 1 April 2019.
UK Part TCO Application Process
Currently, in accordance with Regulation (EU) No. 452/2014, all Third Country Operators are required to hold an approval, known as a “Part-TCO”, from the European Aviation Safety Agency (EASA) prior to undertaking any commercial flight within the ECAA. This will mean that following EU exit UK air carriers will be required to hold an EASA TCO before they undertake such activities.
This Regulation will be retained in UK law under the UK’s Exit continuity arrangements, and the CAA will have responsibility for administering all TCOs in respect of commercial services undertaken within UK territory on the UK’s exit from the EU. The CAA will therefore be required to ensure that all foreign air carriers hold a UK Part TCO prior to undertaking any commercial flight within UK territory.
The CAA wishes to ensure that the minimum possible regulatory burden is placed on air carriers in bringing in this requirement. It has therefore developed a streamlined process for EU27/EFTA carriers. A UK Part TCO issued before 29 March 2019 will have a validity period of up to two years. The UK Part TCO application form for EU27 carriers can be found here which should be completed as instructed and submitted with a copy of the company’s Air Operator Certificate (AOC) and the associated operation specifications. There is no administration fee due if a UK TCO application is made prior to Friday, 29 March.
Submission
Applications for either a Permit or TCO should be sent by email to
foreigncarrierpermits@caa.co.uk with the subject “ECAA Block Permit Request” as soon as possible.
The CAA has already commenced the process of granting TCO’s and will begin issuing Block Permits from Monday, 25 March. The TCO and Block Permit will both come into force on the day the UK exits the EU.
Note that if an application for a TCO or Block Permit is submitted after Sunday, 24 March, whilst it will process the application as quickly as possible the CAA cannot guarantee that it will be processed by the current UK exit day of Friday, 29 March. Applications should therefore be submitted as soon as possible.
If you have queries in relation to the above, then they should contact us by email at
foreigncarrierpermits@caa.co.uk.
Finally, the CAA is providing updates on its EU withdrawal planning via its Skywise information site. If you have not already done you may wish to subscribe to updates here -
http://skywise.caa.co.uk/
Yours faithfully,
David Kendrick
Head, Airline Licensing UK Civil Aviation Authority