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Refusal of access to Gibraltar Airspace

Under the terms of the European Union (Withdrawal) Act 2019, Gibraltar has retained in domestic law, the EU Air Safety List Regulation (Regulation (EC) No 2111/2005).

The Air Safety List has been established to inform and protect Gibraltar citizens wherever they are in the world and act as a deterrent from poor safety performance.  Ensuring the safety of air carriers operating to Gibraltar and encouraging compliance with internationally recognised and agreed safety standards is key to preserving global aviation safety.

Therefore, in accordance with Regulation 91 - 1A of the Civil Aviation (Air Navigation) Regulations 2009, any operator that is listed on the United Kingdom Safety List, maintained and amended from time to time by the Secretary of State, pursuant to Regulation (EC) No 2111/2005, shall not be permitted to take on board or discharge any passengers or cargo in Gibraltar.

The UK has developed a fair and transparent process, which will allow States and air carriers to approach the UK to amend the UK Air Safety List. 

The list of those States and Operators on the UK Air Safety list is at:

UK Air Safety List

 

Third Country Operator Certificates

All Third Country Commercial Operators wishing to fly to Gibraltar Airport must be in possession of a UK Part-TCO Authorisation or, until 31 December 2022, an EASA Part-TCO Authorisation.

Following Gibraltar’s exit from the European Union on 31 December 2020, the UK CAA has taken responsibility for administering all “Part-TCOs” in respect of commercial services undertaken within Gibraltar.

Details of how to obtain a United Kingdom Part-TCO can be found at

Third Country Operator Certificates | UK Civil Aviation Authority (caa.co.uk).

 

Post-Brexit - Air Transport Agreements in Relation to Gibraltar

It is important to note that the UK-EU Trade and Cooperation Agreement and the consequent UK-EU Air Transport Agreement (ATA) have not been extended to Gibraltar

Therefore, the limited Freedoms of the Air provided for in the UK-EU ATA are not applicable to flights from the EU to Gibraltar. 

Post 1 January 2021, scheduled air services between the EU and Gibraltar operate under the rights exchanged in the bilateral Air Services Agreement (ASA) agreed before the UK joined the EU between the UK and the relevant EU Member State.  These old ASAs pre-date the single market and do not cover non-scheduled services. 

Hence requests for non-scheduled commercial flights to Gibraltar will be accepted provided that the Operator is in possession of an acceptable Part-TCO certificate, has valid insurance, is not on the UK Air Safety List and has a PPR accepted by the Handling Agent.

However, an EU non-scheduled commercial operator wishing to operate a service between the UK and Gibraltar would require cabotage rights (9th freedoms) as UK – Gibraltar is considered a domestic flight.  It should be noted that cabotage rights are not granted within the EU-UK ATA and thus the UK might not authorise the flight to proceed.

 

Requirement for a PPR to operate into Gibraltar Airport

All non-scheduled flights wishing to operate into Gibraltar Airport are required to complete a Prior Permission Request and receive a confirmation of acceptance by the Handling Agent.

PPR forms can be obtained by either sending an email to handling@gibair.gi or by phoning +350 5452 7000/ +350 56001868.

When applying for a Prior Permission Request to operate into Gibraltar Airport, non-scheduled Commercial Operators are to submit the following documentation to the Handling Agent:

  • A copy of their Part-TCO authorisation
  • Proof of valid insurance.

Without these documents operators applying to fly commercial flights into Gibraltar will be refused.

 

Further information can be obtained, if required, by emailing – dca@gibraltar.gov.gi