The British Business and General Aviation Association represents the interests of member companies and overseas affiliates at local, national, European and international levels; supporting and promoting the growth and well-being of Business and General Aviation in the United Kingdom.
Helpful Information
Operating “5th and 7th Freedom Flights” from the UK
What are 5/7th Freedom Flights?
The ‘freedoms of the air’ were defined in the International Air Transport Agreement in 1944. The first four freedoms describe the circumstances under which operators might enter airspace, land, and carry passengers and cargo from their home country to another and back.
The fifth and seventh freedoms have occasionally caused confusion and require permits to operate out of the UK. The ‘fifth freedom’ provides for an aircraft of one country to transport passengers or cargo between a second and third country on a flight originating in, or ultimately destined for, the first country.
The ‘seventh freedom’ is an unofficial variation on the fifth freedom (also known as the ‘free standing’ fifth freedom) and defines the rights of an operator to fly between two foreign countries without any connection to the operator’s home country.
Do I need a permit?
In the case of the UK, all fifth and seventh freedom flights require a permit from the UK DfT for commercial flights operated by non-UK registered aircraft. For non EU operators, any flight where passengers/cargo are to be transported for reward from the UK to a country other than the operator’s own (i.e. a ‘third country’) will require a permit.
For non-UK EU operators, a flight that carries passengers/cargo from the UK to any country other than the operator’s home country or the European Common Aviation Area (ECAA), Switzerland and Morocco will require a permit.
Permits are required for:
Non-EU
operators |
EU
operators |
|---|---|
| If operating for hire or reward to any third country from the UK. | If operating for hire or reward to any third country other than the ECAA, Switzerland and Morocco from the UK. |
Requests for permits are considered by the DfT, which consults the BBGA in the case of proposed unscheduled commercial movements of aircraft not covered by a bi-lateral/multi-lateral aviation agreements with the UK. The expectation is that such permits will only be requested if there are no suitable UK-registered aircraft available.
Permits applications can be obtained from the UK DfT here.
Information on states within the ECAA can be obtained here along with a map.
UK Emissions Trading Scheme
By now, all operators on the UK Emissions Trading Scheme list produced by the European Commission should have received a communication from the Environment Agency (EA) containing details of how to log into the Aviation ETS registration website. Accessing the website will enable operators to complete and register their Emissions Plan (compulsory, £750) and Benchmark plan (optional, £830). If you are on the operator list but have not received an email, please contact etaviationhelp@environment-agency.gov.uk as soon as possible, with a copy to BBGA.
The deadline for completion of these tasks is 12th November 2009.
FAQ’s
- I am not on the list and I believe I should be – what do I do?
You should not be on the operator list if
- you are public transport and the aircraft operated by the AOC holder (whether public or private category) emit a total of less than 10,000 tonnes of CO2 per year (equivalent to about 4 million litres of Jet A1)
- you are private category but only operate aircraft of less than 5,700 kg MTOW
If neither of the above apply to you and you are not on the list, you will likely not be included in the scheme initially. To ensure you do not receive a penalty for non-registration, contact etaviationhelp@environment-agency.gov.uk explaining why you think you should be on the list, with a copy to BBGA, and ask the EA to confirm that you are not on the UK list. Remember to check the lists for all other European countries you fly to, in case your operator name is there. If it is, you will need to make contact with that foreign country’s ETS regulator. BBGA can help you do that.
- I am on the operator list and I shouldn’t be – what do I do?
Contact etaviationhelp@environment-agency.gov.uk explaining why you think you should not be on the list, with a copy to BBGA, and ask the EA to confirm their agreement with your assertion, or state what further proof of they require to reinforce your claim.
- Should I register a Benchmark plan if I am a small operator?
The Benchmark plan is used to calculate your entitlement to free allowances, and is optional. It is only needed if you intend to apply for a free allowance of carbon permits. Because of the way the system is designed, Corporate-type aircraft will only ever receive a small percentage of free allowances – say between 5% and 15% - so the costs of being compliant may outwieigh the benefits of the free allowance. As a rule of thumb, BBGA suggests that if your fleet’s annual fuel consumption going forward is expected to be less than 500 tonnes (say 1,000,000lb / 625,000 litres) per year, it probably is not worthwhile to register a benchmark plan. If your fuel consumed per year is 3,000 tonnes, you could qualify for free allowances worth between £12,000 and £35,000 per year depending on now full you fly your aircraft and how far you fly, so it probably is worth applying. Contact the BBGA office if you need advise on this topic.
- What if I don’t have an approved emissions plan by 12th November?
If you do not have an approved emissions plan in place by 12th November, the EA is likely to try to fine you. They are approving plans on a first-come, first-served basis, so our advise is to submit it well before the deadline so there is no argument about not being approved before the deadline. If you are having difficulty completing the plan, contact BBGA for help.
- Has PAGODA been approved yet for small emitters?
No, PAGODA (the EuroControl system for estimating fuel consumption for all flights covered by the scheme) has not yet been officially approved by the European Commission. When completing the EA webform, our advice is to state that leg distances will be drawn from PAGODA data, and tick the box which says this is a method approved by the Commission. The EA assure us that they will accept forms completed in this way.
- For the Benchmarking plan, I have heard that I can assume that the aircraft always flies with a full passenger load, because as a charter operator I have no control over how many passengers are on board – is this true?
No, the UK will not accept this. They will need data on real payloads for every flight made under the scheme.
If your question is not addressed by the above list, please contact BBGA for further help. We will do our best to ensure that all members are fully compliant with the 12th November deadline.
Please check back for Domestic Companies information.