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Asean Open Skies Agreement

On 8. April 2021, in Allgemein, by Norman

The agreement also requires each ASEAN member state to fully open its international airports to other ASEAN Member States and to lift restrictions on the frequency and maximum capacity of flights. Nevertheless, some Member States have lodged significant reservations about the agreement in their national rules and enforcement policies. For example, the plan provided that all ASEAN airlines have unlimited third, fourth and fifth freedom operations in the Den Geneinern area. However, when the deadline expires in early 2016, three ASEAN members – the Philippines, Indonesia and Laos – are reluctant to ratify the full agreement. At present, Indonesia remains opposed to the opening of its secondary cities, the Philippines has excluded Manila from the agreement and Laos has not yet released Luang Prabang and the capital Vientiane. [6] The agreement removes restrictions on the third, fourth and fifth freedoms of access to airspace for air carriers established in ASEAN Member States. The lifting of these restrictions allows ASEAN air carriers to freely transport passengers and cargo to a foreign country or from a foreign country and to pick up and drop off persons and cargo from a second country en route to a third country. However, the agreement does not deal with the rights of the seventh freedom and ownership of Member States in airlines, which leaves room for further reflection. While the third and fourth freedoms are already a common practice in the ASEAN region, ASEAN-SAM would grant the fifth freedoms, leaving the right of the seventh freedom in the air.

However, there would be no full implementation of the Fifth Freedom. Although there is an open sky for capital cities, there will be a cap for slots for airlines. In addition, there are restrictions for some host countries that do not exist in other international open-air agreements. The forth date agreement with ASEAN comes just weeks after the European Commission signed an air pact with Qatar, the first such agreement between the EU and the Gulf region. The agreement, which contains fair competition provisions, is expected to be concluded before the end of the year. If ASEAN-SAM is successfully implemented, there will be no regulatory restrictions on the frequency or capacity of flights between international airports in the ten ASEAN Member States.


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