Open Skies and The Freedoms of the Air

Freedoms of the Air are rights that states can choose to grant to each other as part of Air Services Agreements (usually referred to as Bilateral Air Services Agreements or BASAs). When granted through a BASA, the freedoms of the air are reciprocal between the two countries. However, there may sometimes be limitations put on the number of daily (or weekly) frequencies allowed or the size of aircraft that can be used

International treaties officially recognize 5 freedoms with an additional 4 that are generally accepted and referred to. The 9 freedoms are outlined below:

• 1^st Freedom – This freedom is commonly referred to as Overflight freedom. If granted, it allows aircraft registered / operated in one party to the BASA to fly over the international airspace of the other party. During actual operations, clearances will be sought from Air Traffic Control for individual flights.

• 2^nd Freedom – This freedom allows the aircraft from one party to the BASA to land in the other country. While on the ground, the aircraft can refuel or undergo maintenance. However, boarding or disembarking of passengers or cargo is not allowed under this freedom.

• 3^rd Freedom – If Country A has granted the 3^rd freedom to Country B, then the aircraft from Country A are allowed to fly passengers and cargo from Country A to Country B.

• 4^th Freedom – If Country A has granted the 4^th freedom to Country B, then the aircraft from Country A are allowed to fly passengers and cargo from Country B back to Country A.

• 5^th Freedom – If Country A has granted 5^th freedom rights to Country B, then the aircraft from Country A are allowed to fly to Country B, board passengers in Country B and fly them to a third country, Country C. Many countries with a protectionist approach to their local carriers will not grant 5^th freedom rights to carriers from other countries – even where the 1^st to 4^th freedoms are granted. This is especially the case when the foreign carriers are bigger, or better established, than the local carriers.

• 6^th Freedom – With 6^th Freedom rights between Countries A & B, an airline from Country A is allowed to:
  1. Carry passengers from Country C,
  2. Make a non-technical stop in Country B (without disembarking the Country C passengers),
  3. Then fly the Country C passengers on to Country B where they will disembark.

• 7^th Freedom – This freedom allows an aircraft from Country A to carry passengers from Country C to Country B, without making a stopover in Country A. 

• 8^th Freedom – The 8^th freedom is also known as cabotage. This freedom allows an aircraft from Country A to:
  1. Start a flight in Country A.
  2. Fly to one airport in Country B (Airport A)
  3. Board and disembark passengers in Airport A
  4. Fly to another airport in Country B (Airport B)
  5. Then board and disembark passengers in Airport B (some of whom may be from Airport A)

• 9^th Freedom – When granted, this freedom allows an aircraft registered in one country to operate domestic flights in the country with whom the BASA is agreed. (For example, an aircraft registered in Italy operating a scheduled passenger flight from Frankfurt to Hamburg).

Within the European Union (EU) there is an ‘open skies’ agreement that allows aircraft registered in EU member states to operate flights within all the 9 freedoms. There are no restrictions on the airports that can be used, nor the number of frequencies, if the airline can come to commercial agreements with the management of individual airports and if there are available landing/departure slots. 

Similarly, the African Union (AU) is working to implement the Single African Air Transport Market (SAATM) among its member states. SAATM would create a single, unified air transport market in Africa to advance the liberalization of civil aviation on the continent.