Exemption for flights with dangerous goods

Dangerous goods exemption

Exemption for dangerous goods transported by air which may not be permitted in normal circumstances or in conditions which are different to those prescribed in the Technical Instructions (DOC9284)
Legal basis for exemption from the Aviation Law and the Code of Administrative Procedure.

Pursuant to Article 153a of the Act of July 3, 2002 Air Law in case of international flights by civil aircraft, and in particular transit air transport, with dangerous goods not permitted or conditionally permitted to be carried on board aircraft, the President of Polish CAA may issue exemption for such a flight.

Therefore, according to art. 153a of the Aviation Law only dangerous goods are allowed or conditionally allowed for carriage on board aircraft within the meaning of Annex 18 to the Convention on International Civil Aviation, signed in Chicago on December 7, 1944. This exemption applies only to international flights, carried out only by civil aircraft. It applies to flights departing from or landing on, transit over - the territory of the Republic of Poland. The applicant is not required to be an air carrier.

Application form:
Pursuant to § 4 para. 1 of the Regulation of the Minister of Transport, Construction and Maritime Economy of 9 August 2016 on detailed conditions of international flights with dangerous materials, application for granting exemption for international flights by civil aircraft, and in particular transit flights, with dangerous goods not permitted or conditionally permitted to carriage on board an aircraft, shall be issued on request, not later than 20 working days prior to the planned flight departure .This deadline does not apply to flights related to humanitarian relief, saving of life (rescue), assistance in natural disasters, environmental protection or national defense and security.
A failure to fulfill the deadline, results in the lack of possibility of granting requested exemption, unless the applicant, in accordance with § 4 para. 5 will show that the flight in question is connected with humanitarian aid, saving lives, assistance in natural disasters, environmental protection, national defense or security. In this case, the applicant is obliged to complete the requested information and justify the occurrence of such circumstances.

Please complete application form

docwniosek_o_wydanie_zgody__odstepstwo.doc106 KB

All parts of this form must be completed (failure in doing so will result in the application not being processed), copy of the application must be signed and send via mail to: lol@ulc.gov.pl or by fax: +48 22 520 73 00 or send by post to: 2 Marcina Flisa Street, 02-247 Warsaw or submitted in person to Polish CAA Customer Service Point (POK ULC)
Required additional documents
1) A copy of third party liability insurance certificate for damages related to the operation of aircraft, air transport of passengers, luggage, goods and mail
2) A copy of the Shipper’s Declaration for Dangerous Goods, referred in the Technical Instruction, made in accordance with the provisions of these Instructions
3) A copy of Air Operator Certificate (AOC) issued by the competent authority:
a. Copies of airworthiness certificates (incl. alternative aircraft)
b. Copies of operations specifications (incl. alternative aircraft) with the approval to carry dangerous goods


Moreover, at the request, the applicant must be prepared to present:
1) A copy of material safety data sheet
2) Exemption regarding the requested transport of dangerous goods issued by the country of origin
3) Exemption regarding the requested transport of dangerous goods issued by the state of the air carrier origin


Power of Attorney

Submission of an application by an applicant residing abroad or having its registered office abroad.
In case of submitting by the applicant residing abroad or having a registered office abroad, supplementary provisions of art. 40 from June 14, 1960 - Code of Administrative Procedure (Journal of Laws of 2017, item 1257) shall apply. In connection with the above, if the applicant residing abroad or having its registered office abroad has not appointed a representative residing in the territory of the Republic of Poland to conduct matters at the Civil Aviation Authority, it is obliged to designate a representative for receiving documents within the territory of the Republic of Poland.

An attorney may be a natural person with legal capacity. The power of attorney should be granted in writing.
If the applicant residing abroad or having its registered office abroad does not designate a representative residing in the territory of the Republic of Poland to conduct matters at Polish CAA – all notices and letters in response to the requested application they will not be sent to the foreign address, but they will be left in a case-related file with the effect of delivery. This might significantly hinder or even prevent requested exemption to be effectively granted.
The power of attorney should include the name and surname of the attorney, the number of his identity card (PESEL)/ passport, his address, contact details - telephone, fax, e-mail, address for delivery, scope of the power of attorney.


The original power of attorney is requested to be delivered to Polish CAA at:
Customer Service Point (POK)
2 Marcina Flisa Street
02-247 Warszawa
with a note: Dangerous Goods Exemption - LOL


To download:
Letter of Attorney to act on behalf of the air carrier – draft form

docLetter_of_Attorney_to_act_on_behalf_of_the_air_carrier_-_draft_form.doc40 KB
The power of attorney to act is subject to stamp duty. If an attorney is appointed, the applicant or his representative is obliged to pay a stamp duty of PLN 17 for submitting a power of attorney (legal basis: Art. 1 para 1 of the Act of November 16, 2006 on stamp duty (Journal Laws 2016, item 1827, as amended) and part IV of the annex to this Act), within 3 days from its delivery to the Polish CAA and copy of the proof of payment to the following e-mail address: lol@ulc.gov.pl

The payment of PLN 17 may be made:
1) by cash
at cashier’s desk in Urząd Dzielnicy Włochy m.st. Warszawa: 257 Aleja Krakowska street, 02-133 Warszawa
or;
2) bank transfer
name – Dzielnica Włochy m. st. Warszawy, al. Krakowska 257, 02-133 Warszawa
SWIFT CODE: CITIPLPX
IBAN: IBAN(spacja)PL 77 1030 1508 0000 0005 5003 5049
With a note: “Opłata skarbowa – pełnomocnictwo”
Letter of Attorney to deliver documents – draft form

docLetter_of_Attorney_to_deliver_documents_-_draft_form.doc40.5 KB
The power of attorney for delivery is not subject to a stamp duty.


Aviation fee
Based on Article. 26e para. 2 point 2 of the Act of 3 July 2002 on Air Law (Journal of Laws 2017, item. 959 and 1089) and in accordance with the Table No. 1, Part III, 3.13 Other certificates, certificates, approvals and documents, point 3, the exemption application for a civil aircraft flight with dangerous goods not permitted or permitted for carriage on board the aircraft (including transit flight) covering the issue of exemption is subject to an air fee of PLN 10,674.
According to art. 26e para. 2 point 2 of the Act, the aviation fee for official activities related to the processing of the above mentioned application must be submitted within 7 days from the date of receipt of the application, under sanction of not granting exemptions for further flights in a given scheduling season.

The fee should be paid to the bank account of the Civil Aviation Office:
Name: Urząd Lotnictwa Cywilnego
Ul. Marcina Flisa 2
02-247 Warszawa
NBP O/O Warszawa
31 1010 1010 0022 9322 3100 0000
CODE SWIFT – NBPLPLPW
Transfer title: Tab. 1, 3.13, pkt. 3
And send bank transfer statement to the e-mail address: lol@ulc.gov.pl

The aviation fee may also be paid directly at the cashier’s desk, opened from Monday to Friday from 11:00 to 15:00 at:
Polish Civil Aviation Authority
Punkt Obsługi Klienta (POK)
2 Marcina Flisa street
Warszawa

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