Published on Friday 12 April 2024
The procedure of non-objection consists in checking the availability of air carriers holding an operating licence granted by a Member State of the European Union (“European air carrier(s)”) to meet a request of public transport from/ to or within the French Territory.
Purpose of the procedure and scope
The procedure applies to any request for authorisation for a non-scheduled flight operated with 5th or 7th freedom rights or with cabotage rights (or a series of such non-scheduled flights) submitted to the French DGAC by a carrier which does not hold an operating licence granted by a Member State of the European Union (‘third-country air carrier(s)”), except in the exemptions mentioned below.
Procedure of non-objection will be in force for helicopters for flights operated after 14 June 2024.
Regulations
The procedure of non-objection is defined by the order of 3 June 2008 related to schedules of operations for air services, according to which the competent authority, before approving a schedule of operations, shall take into account, in particular, the absence of prejudice to the air carriers allowed to operate air services using 3rd and 4th freedom rights or cabotage rights.
Implementation of the procedure of non-objection
Before any approval concerning a flight (or a series of flights) to which the procedure of non- objection applies, the carrier or the charterer/broker who submits the request must ensure that no air carriers holding an operating licence granted by a Member State of the European Union is likely to operate the flight(s).
For this purpose, it must consult the European air carriers at a sufficiently early stage, and before submitting its request through the SAGA application, by email, copying the air transport approvals office of the French DGAC (DSAC-N/MDA).
No application filed in SAGA will be examined before this procedure is implemented.
It is recalled that according to the French regulation R6412-25 of the French Transport Code and order of 3 June 2008 related to schedules of operations for air services), requests for non-scheduled flights must be submitted through the SAGA application within the following time limits:
- at least ten working days before the beginning of the flights, in case of a series of six flights or more ;
- at least 2 working days before the beginning of the flight, in other cases.
The updated list of the European air carriers to be consulted may be forwarded upon request to the air transport approvals office of the French DGAC (DSAC-N/MDA). This list is updated regularly.
Any European air carrier wishing to be on this list may apply to the air transport approvals office of the French DGAC (DSAC-N/MDA).
In case of lack of interest from the air carriers holding an operating licence granted by a Member State of European Union, the flight or the series of flights can be approved by the French DGAC (subject to conformity of the other elements of the application, in particular those concerning safety and insurance).
On the other hand, if an air carrier holding an operating licence granted by a Member State of European Union is interested in the planned operation, it has to inform the applicant of its objection not later than 2 working days after the start of the consultation, copying to the air transport approvals office of the French DGAC (DSAC-N/MDA). Then, it has to contact the charterer, directly or through the carrier. The French DGAC will not approve the request submitted by (or on behalf of) the third-country carrier if an air carrier holding an operating licence granted by a Member State of European Union can meet the transport request.
Exemptions when the procedure of non-objection does not apply
The third-country air carriers wishing to operate a non-scheduled flight with 5th or 7th freedom rights or with cabotage rights (or a series of such non-scheduled flights) shall not be subject to the procedure of non-objection in the cases mentioned below :
a) flight authorized by the regulation 1008/2008 operated by a carrier of a State which is Party to the European Economic Area or equivalent (Republic of Iceland, Principality of Lichtenstein, Kingdom of Norway and Switzerland) ;
b) flight authorized within the framework of an air services agreement with France or the European Union ;
c) urgent request, in particular resulting from sanitary or humanitarian operations.
Following the judgment of the European Union Court of Justice prohibiting discrimination on grounds of nationality, the non-objection procedure is not applicable to the European air carriers.
Contacts
Messages to the air transport approvals office of the French DGAC (DSAC-N/MDA) are to be sent to the following e-mail address: dsac-n-mda-bf@aviation-civile.gouv.fr
Application SAGA : https://saga.sigp.aviation-civile.gouv.fr/
