Air Carriers from Non-EEA-Member States shall apply for an entry permission prior to commencing charter flights to and from Germany.
The application shall, in principle, be made by the air carrier actually performing the transport (operator).
Scope of the permission
The permission may be requested for single flights or for a series of flights (chain of flights). The entry permission will be generally granted only if the state of registry of the air carrier submitting the application grants entry to German air carriers in the same way (reciprocity principle).
Applications for individual flights must be submitted to the Luftfahrt-Bundesamt in writing two full workdays prior to commencing the flight, at the latest.
Applications for permission for chains of flights (beginning from the 4th flight in the sequence) must be submitted not later than four weeks prior to commencing the first flight of the chain.
Entry is not permitted without an explicit entry permission.
Each change to flights already approved shall be presented to the LBA taking into account the respective time limits applying to the approval of the application.
In order to do this the following documents shall be submitted in German (or English):
- Charter Agreement
- Operating Licence including Air Operator Certificate with Operation Specifications (aircraft listing)
- Third Party Legal Liability Insurance
- Liability Insurance covering damage to persons, baggage, cargo and damage caused by delay
- Certificate of Registration
- Certificate of Airworthiness (if applicable: Airworthiness Review Certificate)
- Noise Certificate
- Declaration concerning an authorized recipient in Germany
- Aviation Security Plan
In case of carrying cargo and/or mail:
ACC3-designation according to Regulation (EC) No. 300/2008 for third country airports which security standards are not equivalent.
Additional requirements for Fifth Freedom Flights and / or operation with third country aircraft
Evidence that German air carriers are not prepared or in position to conduct the flight / flights (declaration of non-availability)
- List of German air carriers for passenger flights up to 50 pax
- List of German air carriers for passenger flights more than 50 pax
- List of German air carriers for cargo flights
TCOs engaging in scheduled or non-scheduled commercial air transport operations into, within or out of a territory subject to the provisions of the Treaty of the European Union, must hold a safety authorisation issued by the European Aviation Safety Agency (EASA) in accordance with Regulation (EU) 452/2014. This includes operators which are wet leased-in by, or code-sharing with, an EU operator when commercial flights to any territory subject to the provisions of the Treaty of the European Union are performed. A TCO authorisation is not be required for operators only overflying the abovementioned EU territories without a planned landing.
Applications for a TCO authorisation, including all the necessary documentation, should be submitted to the Agency at least 30 days before the intended starting date of operation.
Member States continue to be responsible for issuing operating permits. The safety authorisation issued by EASA is one prerequisite in the process of obtaining an operating permit, or equivalent document, from the respective EU Member State under existing Air Service Agreements between EU Member States and third countries.
Non-scheduled flights - one-off notifications. A third country operator may perform air ambulance flights or a non-scheduled flight or a series of non-scheduled flights to overcome an unforeseen, immediate and urgent operational need without first obtaining an authorisation, provided that the operator:
(1) notifies EASA in a form and manner established by EASAprior to the intended date of the first flight;
(2) is not being subject to an operating ban pursuant to Regulation (EC) No 2111/2005; and
(3) submits to EASA an application for TCO authorisation within 10 working days after the date of the notification.
The flights specified in the notification may be performed for a maximum period of six consecutive weeks after the date of notification or until EASA has communicated the formal decision on the application for a TCO authorisation, whichever occurs first. One-off notifications may be filed only once every 24 months by an operator.
For more information please visit the EASA website http://easa.europa.eu/TCO