Operating authorisation – Submission and approval of flight programs

Fundamental texts in France:

• Regulation Nr.1008/2008 of 24 September 2008 on common rules for the operation of air services in the Community
• French Transport Code, especially book VI

French and EU operators established in France who wish to operate scheduled air services, other than those covered by regulation (EC) Nr.1008/2008 should first get an operating authorization by an “arrêté” from the minister in charge of civil aviation.

Except in cases described below, carriers who want to operate scheduled or non-scheduled air services from, to or within French territory should first submit their flight program via SAGA website. This program should be pre-approved if it concerns air services other than those covered by regulation (CE) Nr.1008/2008.

Operating authorization

1. Articles R6412-15 to -20 of the French Transport Code.
2. Arrêté du 22 janvier 2007 relatif à l’autorisation d’exploitation de services aériens réguliers entre la France et les pays situés hors de l’Union européenne par des transporteurs aériens établis en France

Air carriers shall request an operating authorization in the following conditions:

In order to file in for an operating authorization, carriers should submit a request with:

• Operating licence of the airline
• Air operator certificate
• Insurance certificate covering the future operations
• Where appropriate, supporting evidence that the operator is established in France (in accordance with the provisions of Article R6412-15 of the French Transport Code. It is advised to be in contact with the DGAC.
• A description of the project: routes, frequencies and days of operation, type of aircraft, date of the start of operations, codeshare if any, prices, traffic forecast, estimated operating account for 3 years
• Details to evaluate the operational and financial capability of the air carrier requesting to operate the proposed air services (arrêté du 22 janvier 2007 relatif à l’autorisation d’exploitation de services aériens réguliers entre la France et les pays situés hors de l’Union européenne par des transporteurs aériens communautaires établis en France)

Contact :

DGAC - DTA
Sous-direction des services aériens
50 rue Henry Farman
75 720 PARIS CEDEX 15
E-mail : dta-compagnies-bf@aviation-civile.gouv.fr

Submission and approval of flight programs

Airlines, whatever their nationality, shall submit their scheduled and non-scheduled flight programs via SAGA website available 7 days a week, 24h hours a day, at the following address.

Exception: submission of flight programs is not required for non-scheduled air services operated by air carriers licenced in an EU country (or a European Economic Area State or State party to any agreement with the same scope in the field of air transport) with aircraft up to 20 seats or with a 10 tons maximum take-off weight. 
(Article  R6412-27 of the French Transport Code).

Deadlines for these requests:

• For scheduled flights: at least one month before the beginning of flights;
• For non-scheduled flights:
  • At least 10 working days before the date of the first flight for flight sequences (at least 6 flights);
  • Or at least 2 working days before the date of the first flight for single non-regular flights or for series of less than 6 flights;

Contacts :

Mission des autorisations de transport aérien
Direction de la sécurité de l’aviation civile-Nord
9 rue de Champagne
91200 ATHIS-MONS (France)

E-mail : dsac-n-mda-bf@aviation-civile.gouv.fr

The Air transport authorization mission is opened from Monday to Wednesday – except bank holiday, from 9h to 18h Paris local time.

Outside these opening hours, and only in duly justified emergency, contact the DGAC on duty person (contact details to be requested at the air transport authorization mission / MDA.

Air operators shall submit their flight programs according to the conditions displayed in the table below :

Flights authorisations are granted according to 5 criteria: safety, security, insurance, traffic rights and environment.

They do not presume that slots will be given according to the timetable of the flights approved, when it is necessary nor that ANSP will agree.
1/ Safety :
Air carrier on the EU list of air carriers banned from operating are not allowed to overfly French territory or to operate commercial flights to or from French territory.

Third country operators (non EU) shall get a safety authorization TCO form the European Union Aviation safety Agency (EASA) prior to any flight authorization from France for flight to or from a French territory covered by the EU law (metropolitan France, Corsica, French Guyana, Martinique, Guadeloupe, Saint Martin, Réunion and Mayotte) including for only technical stops.

For territories not covered by EU law (Polynésie française, Saint Barthélémy, Saint Pierre et Miquelon, Wallis et Futuma, Nouvelle Caldéonie and its dependencies, Terres australes et antarctiques françaises), third country operators without TCO shall fill a technical questionnaire.

To carry forbidden dangerous goods, an exemption shall be requested to "pole avions" of DSAC-NO.

2) Security:

In accordance with EU regulation, all airlines (French, EU, third country) shall have a security statute ACC3 from third country airports to carry freight to the European Union. If they do not have any ACC3, exemption could be granted by DSAC-SUR  : dsac-surete-fret-bf@aviation-civile.gouv.fr et nathalie.vega@aviation-civile.gouv.fr.

3) Insurances:

Air carriers shall be insured, in accordance with (EC) n° 785/2004 modified of 21 April 2004 on insurance requirements for air carriers and aircraft operation, for their liability in respect of passengers, baggage, cargo and third parties. In order to prove they have insurance, air carrier could use the following certificate models when they submit their flights programs:

The certificates shall be valid at the time of the flight and cover the geographical areas of the flight planned, including technical stops.

4) Operating rights/ traffic rights;

The request is examined, where appropriate, taking into account the appropriate operating rights already granted or the traffic rights available.

Non-scheduled 5th and 7th freedom traffic rights, and cabotage, operated by third country operators are submitted to the non-objection procedure. See below :

5) Environment.

Respect of operating restriction in airports

Aircraft chapter 2 banned in EU
Taxes

Air carriers shall declare and pay to tax services of DGCA civil aviation tax, airport tax, solidarity tax on plane tickets and tax on noise pollution. For more information, see the following document : Taxes aériennes.

Sanctions

In case of infringement of these rules, the minister in charge of civil aviation may sanction.

After consultation of the civil aviation administrative commission R.6231-7 of the French Transport Code, he may also fine the natural person or the entity which operates a flight outside its allowed flight operating program (in accordance with article  R6432-3 of the French Transport Code. This administrative fine is up to 7 500€, by infringement (i.e by flight operated without prior approval) for a person, twice in case of new infringement within 12 months