Background on air traffic rights for third country air operators

The 1944 Chicago Convention is the main treaty governing international civil aviation.

Article 5 of this Convention relates to non-scheduled flights and Article 6 relates to scheduled air services.

These are implemented in Irish law in:

• the Air Navigation and Transport Act, 1965(Sections 7 and 8);
• the Air Services Authorisation Order, 1993; and
• the Air Navigation and Transport Act, 1965 (Section 8) (No. 2) Regulations, 1993.

Regulation (EC) 1008/2008establishes common rules on the operation of air services within the European Community.

The 1944 Chicago Convention and the above mentioned legislation apply to civil aircraft only. State aircraft, including military aircraft, are outside the remit of the Department of Transport.

Third country air operators are required to hold an EASA Part-TCO authorisation if operating commercially to, from and/or through Ireland or the territory of other EU Member States, including stops for non-traffic purposes.

A Part-TCO authorisation is not required if only overflying.

Third country air operators are required to hold valid insurance, in compliance with Regulation (EC) 785/2004 if operating commercially to, from and/or through Ireland or the territory of other EU Member States, including for both overflights and stops for non-traffic purposes.

Third country air operators proposing to operate scheduled air services or non-scheduled (incl. charter) flights to, from and/or through Ireland must apply for and be granted air traffic rights to do so beforehand.

Third country air operators proposing to market (e.g. code share) on scheduled air services to, from and/or through Ireland must apply for and be granted authorisation to do so beforehand.

Air traffic rights for scheduled air services

Air traffic rights for non-scheduled flights