Air carriage

Legal basis

Articles 193-195 of the Act of 3 July 2002 – Aviation Law (Journal of Law of 2013, item 1393, of 2014, item 768 and of 2015, items 978, 1221, 1586 and 1893), hereinafter “Aviation Law”.

Link to the content (available in Polish only):
http://www.ulc.gov.pl/pl/prawo/prawo-krajowe/204-ustawa-prawo-lotnicze-i-akty-wykonawcze

Regulation of the Minister of Transportation, Construction and Maritime Economy of 17 June 2013 on permissions related to air carriage (Journal of Law of 2013, item 719).

Link to the content (available in Polish only):
http://dziennikustaw.gov.pl/DU/2013/719/1

Regulation of the Minister of Transportation, Construction and Maritime Economy of 26 April 2013 on the principles for organizing air carriage within the framework of tourist events and charter flights (Journal of Law of 2013, item 531).

Link to the content (available in Polish only):
http://dziennikustaw.gov.pl/DU/2013/531/1

Regulation (EC) No 785/2004 of the European Parliament and of the Council of 21 April 2004 on insurance requirements for air carriers and aircraft operators.

Link to the content:
http://eur-lex.europa.eu/legal-content/EN/TXT/?qid=1459516203529&uri=CELEX:32004R0785

Regulation (EC) No 2111/2005 of the European Parliament and of the Council of 14 December 2005 on the establishment of a Community list of air carriers subject to an operating ban within the Community and on informing air transport passengers of the identity of the operating air carrier, and repealing Article 9 of Directive 2004/36/EC, hereinafter “Regulation No 2111/2005”.

Link to the content:
http://eur-lex.europa.eu/legal-content/EN/TXT/?qid=1459516042948&uri=CELEX:32005R2111

Regulation of Minister of Infrastructure of 19 May 2004 on the prohibition of flights with aircraft non-complying with the requirements of environmental protection concerning noise standards, hereinafter “regulation on noise emission standards”.

Link to the content (available in Polish only):
http://www.dziennikustaw.gov.pl/DU/2004/s/140/1486


General Terms and Conditions

In accordance with Article 193 item 1 of the Aviation Law, the air carrier from a third country (i.e. a country other than an EU member state, the Swiss Confederation or a member state of the European Free Trade Association (EFTA) – a contracting party to the agreement on the European Economic Area (EEA) ) is allowed to operate international air carriage of passengers, baggage, cargo and mail to and from the Republic of Poland only within the scope and conditions specified in the permission. The permission is issued by President of Civil Aviation Authority, hereinafter “President of CAA”, upon application of the air carrier and in accordance with international agreements and regulations.
 
The permission is not required for:
1. single passenger flights operated with aircraft of capacity of maximum 12 passenger seats, used only by the charterer or charterers on the agreed route;
2. single cargo flights operated with aircraft of MTOM not exceeding 5700kg, used only by the charterer or charterers on the agreed route;
3. non-commercial flights (i.e. general aviation/private flights/technical landings).

In case of the planned operation of one or a few (max. 9) non-scheduled commercial flights, President of CAA, upon the air carrier’s application, shall issue a single permission.

In order to obtain a single permission for the operation of non-scheduled international commercial flights, the air carrier should submit the application to President of CAA respecting the required time periods of at least:

•    3 working days – in case of one flight only, where one flight means a flight operated to and from the destination;
•    7 working days – in case of two or more non-scheduled commercial flights;

along with the required information and documents.

In accordance with Article 194 item 1a of the Aviation Law, in urgent cases justified by public or social interest, in case of single commercial flights referred to in art. 194 item 1 point 1 of the Aviation Law, the application may be submitted without respecting the required advance period of 3 working days.

The permission referred to in Article 194 item 1a of the Aviation Law may only be issued if the representative of the entity interested in the air carriage submits to President of CAA a copy of a statement justifying the public or social interest connected with that air carriage.

According to Article 195 item 1 of the Aviation Law, a single permission may be issued if the following conditions are jointly satisfied:

1) it is in the public interest;
2) Polish air carriers have similar rights or obtain other mutual benefits in the foreign air carrier’s country, which has been confirmed by the civil aviation authority of that country - subject to the provisions of international agreements;
3) the airport infrastructure and handling possibility for the flights are available at Polish airports;
4) the conditions and organization of the flights beginning in the territory of the Republic of Poland, operated within the framework of tourist events and charter flights, comply with the regulations issued on the basis of Article 202 item 6 of the Aviation Law.

According to Article 195 item 3 of the Aviation Law, President of CAA may refuse to grant the landing permission if:

1) it is necessary due to limitations resulting from international agreements and regulations;
2) conditions specified in Article 195 item 1, Article 193 item 4 and Article 194 of the Aviation Law are not satisfied;
3) arrears exist of the air carrier against polish entities, in particular against the national air navigation service provider, the airport or providers of ground handling services at the airport, covering the payments outstanding for at least 3 months;
4) the air carrier violates regulations of civil aviation safety or security;
5) the air carrier plans to perform air carriage using aircraft leased from another air carrier, as referred to in item 4;
6) minister responsible for transport issued decisions referred to in Article 195c items 3 and 5 of the Aviation Law.

According to Article 195 item 4 of the Aviation Law, the  single permission may be withdrawn or limited by President of CAA in case the air carrier does not comply with the air carriage regulations or otherwise violates conditions and limitations indicated in the permission or also in the case specified in Article 195 item 3 point 3 of the Aviation Law.

In accordance with Article 195 item 5 of the Aviation Law, President of CAA shall refuse to issue the single permission if:

1) the air carrier is included in the list referred to in Regulation No 2111/2005;
2) the air carrier plans to perform air carriage using aircraft leased from another air carrier that is included in the list referred to in point 1;
3) President of CAA introduced a ban referred to in Article 155a item 1 point 2 of the Aviation Law.

Moreover, according to § 3 of regulation on noise emission standards, it is prohibited to operate flights at airports located in the territory of the Republic of Poland with aircraft that do not comply with the requirements prescribed in chapter 3, Part II, volume I of Annex 16 to the Convention on International Civil Aviation signed at Chicago on 7 December 1944. This regulation does not apply to aircraft registered in another EU member state if such aircraft were approved to operate flights at airports by the respective civil aviation authority of that state.

According to § 5 item 1 of regulation on noise emission standards, President of CAA ma issue a temporary permission for the operation of flights, as specified in § 3 item 1 of regulation on noise emission standards, with an aircraft that does not comply with the requirements of chapter 3 if the operation of flights with such an aircraft, due to the exceptional nature of the flight, does not justify to impose a ban from using this aircraft in the flight.

In case of a planned air carriage to the Warsaw Chopin Airport (WAW), please contact the slot coordinator Airport Coordination Limited, http://www.acl-uk.org, e-mail: poland@acl-uk.org, SITA: LONACXH, in order to agree on slots at the airport.


Application

The application for a single permission shall include the following information:

1)    name, registered office and address of the air carrier;
2)    route, on which the carriage is to be performed, and the type of carriage (passengers with baggage, cargo, mail);
3)    available capacity and frequency of flights (indicating the maximum number of passenger seats – in case of passenger flights or MTOM of aircraft – in case of cargo flights, as well as routes, dates and hours of operation at airports and flight numbers);
4)    types of aircraft and their registration marks.

In case of air carriage performed within the framework of tourist events, the applicant is required to indicate that information along with the information on the type of carriage, as referred to in Article 194 item 2 point 2 of the Aviation Law.

The application may be submitted ONLY via:

- fax – to the number: +48 22 520 73 53;

- regular mail – to the address: Civil Aviation Authority, Traffic Rights Division (LER-2), Flisa 2, 02-247 Warsaw, Poland;

or personally at Civil Aviation Authority office in Warsaw.

To download:
docxLanding permission - draft application form

 

Required Documents

The application for a single permission shall be accompanied with the following documents:

1) designation to perform air carriage specified in the application, issued by the competent authority of the foreign country - if required by the relevant international agreements;
2)  Air Operator Certificate (AOC) issued by the competent authority of the foreign country;
3)  insurance policy or certificate of insurance stating liability insurance for damages related to the operation of aircraft, air transport of passengers, baggage, cargo and mail, and in relation to third parties, in accordance with the provisions of Regulation No 785/2004 of the European Parliament and of the Council of 21 April 2004 on insurance requirements for air carriers and aircraft operators;
4)  operating license or an equivalent document issued by the competent authority of the foreign country;
5)  letter of attorney to act on behalf of the air carrier OR letter of attorney to receive documents in administrative proceedings held against the air carrier, for an individual residing in the territory of the Republic of Poland to be the proxy of the air carrier;
6)  in case of attaching a letter of attorney to act on behalf of the air carrier - proof of payment of the stamp duty for filing the letter of attorney, in the amount of 17 PLN;

Additionally, if requested by President of CAA, the air carrier shall also submit:

•    a copy of the charter agreement between the carrier and the charterer on the performance of non-scheduled air carriage, showing at least the route of the flight, dates of operation at airports, numbers of flights, number of passenger seats or capacity of aircraft made available to the charterer and their price;
•    certificate of airworthiness of the aircraft;
•    noise certificate of the aircraft.

If the Air Operator Certificate does not include information about the aircraft indicated in the application for single permission, it is required to present to President of CAA a copy of contract for the operation on the route with a wet-leased aircraft.

In order to determine whether the air carrier meets the requirement specified in Article 195 item 1 point 3 of the Aviation Law, President of CAA may also require to:

•    indicate the agent at the Polish airport to provide handling services;
•    acknowledge the allocation of slots by the flight schedule coordinator – in case of airports that are subject to slot coordination.

To download:
docLetter of Attorney to deliver documents – draft form
docLetter of Attorney to act on behalf of the air carrier – draft form


Aviation Fee

On the basis of Article 26a of the Aviation Law and in accordance with Table no. 1, Part I, point 1.2 item 8 of Annex 6 to the Aviation Act, the consideration of application for single permission from an air carrier of the state other than member states of the European Union, the Swiss Confederation and member states of EFTA – contracting party to the EEA, by President of CAA is subject to a fee of 0 PLN.

In accordance with Article 26a of the Aviation Law and in accordance with Table no. 1, Part I, point 1.2 item 10 of Annex 6 to the Aviation Law, the issuance of permission entitling to perform 10th and subsequent flights in a given scheduling season for an air carrier of the state other than the member states of the European Union, the Swiss Confederation and the member states of EFTA- contracting party to the EEA, by President of CAA is subject to a fee of 16,009 PLN (the amount valorised in accordance with Article 26a items 3 and 4 of the Aviation Law, as published in the Journal of Law of 2018 item 193, via Public Notice of Minister of Infrastructure and Construction of 8 February 2018).

According to Article 26e item 2 of the Aviation Law, the aviation fee has to be paid within 7 days from submitting the application for permission for 10th and subsequent flights in a given scheduling season, under penalty of not issuing the permission for any more flights in the given scheduling season.

According to Article 26e item 3 of the Aviation Law, the aviation fee for administrative proceedings related to issuing the general or single permission to an air carrier from a third country to perform air carriage to/from the Republic of Poland, on the specified routes or areas, is paid only once, for the first issuing of one of these documents in a given scheduling season.

The fee can be paid:

a) by cash at the cash desk of Civil Aviation Authority – cash desk is open Monday to Friday 11am – 3pm;

or

b) via bank transfer to the bank account of Civil Aviation Authority:

Urząd Lotnictwa Cywilnego
ul. Marcina Flisa 2
02-247 Warszawa

NBP O/O Warszawa
PL 31 1010 1010 0022 9322 3100 0000
CODE SWIFT – NBPLPLPW

The transfer title shall include the name of the carrier and the phrase "Table 1, 1.2 Single Permission"
The transfer confirmation shall be sent to fax number +48 22 5207353 or e-mail: trafficrights@ulc.gov.pl.


Stamp Duty

The stamp duty of 17 PLN for filing the Letter of Attorney to act on behalf of the air carrier in administrative proceedings held before President of CAA can be paid:

a) by cash, at the cash desk of Włochy District Office in Warsaw, al. Krakowska 257,
02-133 Warsaw

or

b) via bank transfer to:
Dzielnica Włochy m. st. Warszawy,
    al. Krakowska 257
    02-133 Warszawa
    
    SWIFT CODE: CITIPLPX
    IBAN: PL 77 1030 1508 0000 0005 5003 5049

The transfer title shall include the name of the air carrier and the phrase "Pełnomocnictwo".
The transfer confirmation shall be sent to fax number: +48 22 5207353 or e-mail: trafficrights@ulc.gov.pl


Contact

Traffic Rights Division
Tel: +48 22 520 73 09
+48 22 520 73 91
+48 22 520 73 20
fax: +48 22 520 73 53
E-mail: trafficrights@ulc.gov.pl

 

 

 

 

Legal basis

Articles 193-195 of the Act of 3 July 2002 – Aviation Law (Journal of Law of 2013, item 1393, of 2014, item 768 and of 2015, items 978, 1221, 1586 and 1893), hereinafter “Aviation Law”.

Link to the content (available in Polish only):
http://www.ulc.gov.pl/pl/prawo/prawo-krajowe/204-ustawa-prawo-lotnicze-i-akty-wykonawcze

Regulation of the Minister of Transportation, Construction and Maritime Economy of 17 June 2013 on permissions related to air carriage (Journal of Law of 2013, item 719).

Link to the content (available in Polish only):
http://dziennikustaw.gov.pl/DU/2013/719/1

Regulation of the Minister of Transportation, Construction and Maritime Economy of 26 April 2013 on the principles for organizing air carriage within the framework of tourist events and charter flights (Journal of Law of 2013, item 531).

Link to the content (available in Polish only):
http://dziennikustaw.gov.pl/DU/2013/531/1

Regulation (EC) No 785/2004 of the European Parliament and of the Council of 21 April 2004 on insurance requirements for air carriers and aircraft operators.

Link to the content:
http://eur-lex.europa.eu/legal-content/EN/TXT/?qid=1459516203529&uri=CELEX:32004R0785

Regulation (EC) No 2111/2005 of the European Parliament and of the Council of 14 December 2005 on the establishment of a Community list of air carriers subject to an operating ban within the Community and on informing air transport passengers of the identity of the operating air carrier, and repealing Article 9 of Directive 2004/36/EC, hereinafter “Regulation No 2111/2005”.

Link to the content:
http://eur-lex.europa.eu/legal-content/EN/TXT/?qid=1459516042948&uri=CELEX:32005R2111

Regulation of Minister of Infrastructure of 19 May 2004 on the prohibition of flights with aircraft non-complying with the requirements of environmental protection concerning noise standards, hereinafter “regulation on noise emission standards”.

Link to the content (available in Polish only):
http://www.dziennikustaw.gov.pl/DU/2004/s/140/1486


General Terms and Conditions

In accordance with Article 193 item 1 of the Aviation Law, the air carrier from a third country (i.e. a country other than an EU member state, the Swiss Confederation or a member state of the European Free Trade Association (EFTA) – a contracting party to the agreement on the European Economic Area (EEA) ) is allowed to operate international air carriage of passengers, baggage, cargo and mail to and from the Republic of Poland only within the scope and conditions specified in the permission. The permission is issued by President of Civil Aviation Authority, hereinafter “President of CAA”, upon application of the air carrier and in accordance with international agreements and regulations.
 
In case of the planned operation of one or more series of non-scheduled commercial flights in one scheduling season, President of CAA, upon the air carrier’s application, shall issue a general permission.

In order to obtain a general permission for the operation of series of non-scheduled international commercial flights, the air carrier should submit the application to President of CAA respecting the required time period of at least:

•    14 working days prior to the start of the air carriage,

along with the required information and documents.

According to Article 195 item 1 of the Aviation Law, a general permission may be issued if the following conditions are jointly satisfied:

1) it is in the public interest;
2) Polish air carriers have similar rights or obtain other mutual benefits in the foreign air carrier’s country, which has been confirmed by the civil aviation authority of that country - subject to the provisions of international agreements;
3) the airport infrastructure and handling possibility for the flights are available at Polish airports;
4) the conditions and organization of the flights beginning in the territory of the Republic of Poland, operated within the framework of tourist events and charter flights, comply with the regulations issued on the basis of Article 202 item 6 of the Aviation Law.

According to Article 195 item 3 of the Aviation Law, President of CAA may refuse to grant the landing permission if:

1) it is necessary due to limitations resulting from international agreements and regulations;
2) conditions specified in Article 195 item 1, Article 193 item 4 and Article 194 of the Aviation Law are not satisfied;
3) arrears exist of the air carrier against polish entities, in particular against the national air navigation service provider, the airport or providers of ground handling services at the airport, covering the payments outstanding for at least 3 months;
4) the air carrier violates regulations of civil aviation safety or security;
5) the air carrier plans to perform air carriage using aircraft leased from another air carrier, as referred to in item 4;
6) minister responsible for transport issued decisions referred to in Article 195c items 3 and 5 of the Aviation Law.

According to Article 195 item 4 of the Aviation Law, the general permission may be withdrawn or limited by President of CAA in case the air carrier does not comply with the air carriage regulations or otherwise violates conditions and limitations indicated in the permission or also in the case specified in Article 195 item 3 point 3 of the Aviation Law.

In accordance with Article 195 item 5 of the Aviation Law, President of CAA shall refuse to issue the general permission if:

1) the air carrier is included in the list referred to in Regulation No 2111/2005;
2) the air carrier plans to perform air carriage using aircraft leased from another air carrier that is included in the list referred to in point 1;
3) President of CAA introduced a ban referred to in Article 155a item 1 point 2 of the Aviation Law.

Moreover, according to § 3 of regulation on noise emission standards, it is prohibited to operate flights at airports located in the territory of the Republic of Poland with aircraft that do not comply with the requirements prescribed in chapter 3, Part II, volume I of Annex 16 to the Convention on International Civil Aviation signed at Chicago on 7 December 1944. This regulation does not apply to aircraft registered in another EU member state if such aircraft were approved to operate flights at airports by the respective civil aviation authority of that state.

According to § 5 item 1 of regulation on noise emission standards, President of CAA ma issue a temporary permission for the operation of flights, as specified in § 3 item 1 of regulation on noise emission standards, with an aircraft that does not comply with the requirements of chapter 3 if the operation of flights with such an aircraft, due to the exceptional nature of the flight, does not justify to impose a ban from using this aircraft in the flight.

In case of a planned air carriage to the Warsaw Chopin Airport (WAW), please contact the slot coordinator Airport Coordination Limited, http://www.acl-uk.org, e-mail: poland@acl-uk.org, SITA: LONACXH, in order to agree on slots at the airport.


Application

The application for a general permission shall include the following information:

1) name, registered office and address of the air carrier;
2) route, on which the carriage is to be performed, and the type of carriage (passengers with baggage, cargo, mail);
3) available capacity and frequency of flights (indicating the maximum number of passenger seats – in case of passenger flights or MTOM of aircraft – in case of cargo flights, as well as routes, dates and hours of operation at airports and flight numbers);
4) types of aircraft and their registration marks.

In case of air carriage performed within the framework of tourist events, the applicant is required to indicate that information along with the information on the type of carriage, as referred to in Article 194 item 2 point 2 of the Aviation Law.

The application may be submitted ONLY via:

- fax – to the number: +48 22 520 73 53;

- regular mail – to the address: Civil Aviation Authority, Traffic Rights Division (LER-2), Flisa 2, 02-247 Warsaw, Poland;

or personally at Civil Aviation Authority office in Warsaw.

To download:
docxLanding permission - draft application form


Required Documents

The application for a general permission shall be accompanied with the following documents:

1) designation to perform air carriage specified in the application, issued by the competent authority of the foreign country - if required by the relevant international agreements;
2)  Air Operator Certificate (AOC) issued by the competent authority of the foreign country;
3)  insurance policy or certificate of insurance stating liability insurance for damages related to the operation of aircraft, air transport of passengers, baggage, cargo and mail, and in relation to third parties, in accordance with the provisions of Regulation No 785/2004 of the European Parliament and of the Council of 21 April 2004 on insurance requirements for air carriers and aircraft operators;
4)  authorisation to perform commercial air carriage, issued by the competent authority of the foreign country;
5)  operating license or an equivalent document issued by the competent authority of the foreign country;
6)  letter of attorney to act on behalf of the air carrier OR letter of attorney to receive documents in administrative proceedings held against the air carrier, for an individual residing in the territory of the Republic of Poland to be the proxy of the air carrier;
7)  in case of attaching a letter of attorney to act on behalf of the air carrier - proof of payment of the stamp duty for filing the letter of attorney, in the amount of 17 PLN;
8)  confirmation of payment of the required aviation fee.

Additionally, if requested by President of CAA, the air carrier shall also submit:

•   a copy of the charter agreement between the carrier and the charterer on the performance of non-scheduled air carriage, showing at least the route of the flight, dates of operation at airports, numbers of flights, number of passenger seats or capacity of aircraft made available to the charterer and their price;
•    certificate of airworthiness of the aircraft;
•    noise certificate of the aircraft;
•   documents certifying legal status of the air carrier, its capital structure, ownership and control (including an extract from the relevant register of companies).

If the Air Operator Certificate does not include information about the aircraft indicated in the application for general permission, it is required to present to President of CAA a copy of contract for the operation on the route with a wet-leased aircraft.

In order to determine whether the air carrier meets the requirement specified in Article 195 item 1 point 3 of the Aviation Law, President of CAA may also require to:

•    indicate the agent at the Polish airport to provide handling services;
•    acknowledge the allocation of slots by the flight schedule coordinator – in case of airports that are subject to slot coordination.

To download:
docLetter of Attorney to deliver documents – draft form
docLetter of Attorney to act on behalf of the air carrier – draft form


Aviation Fee

On the basis of Article 26a of the Aviation Law and in accordance with Table no. 1, Part I, point 1.2 item 7 of Annex 6 to the Aviation Act, the consideration of application for general permission from an air carrier of the state other than member states of the European Union, the Swiss Confederation and member states of EFTA – contracting party to the EEA, by President of CAA is subject to a fee of 16,009 PLN (the amount valorised in accordance with Article 26a items 3 and 4 of the Aviation Law, as published in the Journal of Law of 2018 item 193, via Public Notice of Minister of Infrastructure and Construction of 8 February 2018).

According to Article 26e item 3 of the Aviation Law, the aviation fee for administrative proceedings related to issuing the general or single permission to an air carrier from a third country to perform air carriage to/from the Republic of Poland, on the specified routes or areas, is paid only once, for the first issuing of one of these documents in a given scheduling season.

The fee can be paid:

a) by cash at the cash desk of Civil Aviation Authority – cash desk is open Monday to Friday 11am – 3pm;

or

b) via bank transfer to the bank account of Civil Aviation Authority:

Urząd Lotnictwa Cywilnego
ul. Marcina Flisa 2
02-247 Warszawa

NBP O/O Warszawa
PL 31 1010 1010 0022 9322 3100 0000
CODE SWIFT – NBPLPLPW

The transfer title shall include the name of the carrier and the phrase "Table 1, 1.2 General Permission"
The transfer confirmation shall be sent to fax number +48 22 5207353 or e-mail: trafficrights@ulc.gov.pl.


Stamp Duty

The stamp duty of 17 PLN for filing the Letter of Attorney to act on behalf of the air carrier in administrative proceedings held before President of CAA can be paid:

a)    by cash, at the cash desk of Włochy District Office in Warsaw, al. Krakowska 257,
02-133 Warsaw

or

b) via bank transfer to:
Dzielnica Włochy m. st. Warszawy,
    al. Krakowska 257
    02-133 Warszawa
    
    SWIFT CODE: CITIPLPX
    IBAN: PL 77 1030 1508 0000 0005 5003 5049

The transfer title shall include the name of the air carrier and the phrase "Pełnomocnictwo".
The transfer confirmation shall be sent to fax number: +48 22 5207353 or e-mail: trafficrights@ulc.gov.pl


Contact

Traffic Rights Division
Tel: +48 22 520 73 09
+48 22 520 73 91
+48 22 520 73 20
fax: +48 22 520 73 53
E-mail: trafficrights@ulc.gov.pl

 

 

Legal basis

Articles 193-195 of the Act of 3 July 2002 – Aviation Law (Journal of Law of 2013, item 1393, of 2014, item 768 and of 2015, items 978, 1221, 1586 and 1893), hereinafter “Aviation Law”.

Link to the content (available in Polish only):
http://www.ulc.gov.pl/pl/prawo/prawo-krajowe/204-ustawa-prawo-lotnicze-i-akty-wykonawcze

Regulation of the Minister of Transportation, Construction and Maritime Economy of 17 June 2013 on permissions related to air carriage (Journal of Law of 2013, item 719).

Link to the content (available in Polish only):
http://dziennikustaw.gov.pl/DU/2013/719/1

Regulation (EC) No 785/2004 of the European Parliament and of the Council of 21 April 2004 on insurance requirements for air carriers and aircraft operators.

Link to the content:
http://eur-lex.europa.eu/legal-content/EN/TXT/?qid=1459516203529&uri=CELEX:32004R0785

Regulation (EC) No 2111/2005 of the European Parliament and of the Council of 14 December 2005 on the establishment of a Community list of air carriers subject to an operating ban within the Community and on informing air transport passengers of the identity of the operating air carrier, and repealing Article 9 of Directive 2004/36/EC, hereinafter “Regulation No 2111/2005”.

Link to the content:
http://eur-lex.europa.eu/legal-content/EN/TXT/?qid=1459516042948&uri=CELEX:32005R2111

Regulation of Minister of Infrastructure of 19 May 2004 on the prohibition of flights with aircraft non-complying with the requirements of environmental protection concerning noise standards, hereinafter “regulation on noise emission standards”.

Link to the content (available in Polish only):
http://www.dziennikustaw.gov.pl/DU/2004/s/140/1486


General Terms and Conditions

In accordance with Article 193 item 1 of the Aviation Law, the air carrier from a third country (i.e. a country other than an EU member state, the Swiss Confederation or a member state of the European Free Trade Association (EFTA) – a contracting party to the agreement on the European Economic Area (EEA) ) is allowed to operate international air carriage of passengers, baggage, cargo and mail to and from the Republic of Poland only within the scope and conditions specified in the permission. The permission is issued by President of Civil Aviation Authority, hereinafter “President of CAA”, upon application of the air carrier and in accordance with international agreements and regulations.
 
In case of the planned operation of scheduled commercial flights, President of CAA, upon the air carrier’s application, shall issue an operating permit.

In order to obtain the operating permit for the operation of scheduled international commercial flights, the air carrier should submit the application to President of CAA respecting the required time period of at least:

•    30 days prior to the start of the air carriage,

along with the required information and documents.

According to Article 195 item 1 of the Aviation Law, an operating permission may be issued if the following conditions are jointly satisfied:

1) it is in the public interest;
2) Polish air carriers have similar rights or obtain other mutual benefits in the foreign air carrier’s country, which has been confirmed by the civil aviation authority of that country - subject to the provisions of international agreements;
3) the airport infrastructure and handling possibility for the flights are available at Polish airports.

According to Article 195 item 3 of the Aviation Law, President of CAA may refuse to grant the landing permission if:

1) it is necessary due to limitations resulting from international agreements and regulations;
2) conditions specified in Article 195 item 1, Article 193 item 4 and Article 194 of the Aviation Law are not satisfied;
3) arrears exist of the air carrier against polish entities, in particular against the national air navigation service provider, the airport or providers of ground handling services at the airport, covering the payments outstanding for at least 3 months;
4) the air carrier violates regulations of civil aviation safety or security;
5) the air carrier plans to perform air carriage using aircraft leased from another air carrier, as referred to in item 4;
6) minister responsible for transport issued decisions referred to in Article 195c items 3 and 5 of the Aviation Law.

According to Article 195 item 4 of the Aviation Law, the operating permit may be withdrawn or limited by President of CAA in case the air carrier does not comply with the air carriage regulations or otherwise violates conditions and limitations indicated in the permission or also in the case specified in Article 195 item 3 point 3 of the Aviation Law.

In accordance with Article 195 item 5 of the Aviation Law, President of CAA shall refuse to issue the operating permit if:

1) the air carrier is included in the list referred to in Regulation No 2111/2005;
2) the air carrier plans to perform air carriage using aircraft leased from another air carrier that is included in the list referred to in point 1;
3) President of CAA introduced a ban referred to in Article 155a item 1 point 2 of the Aviation Law.

Moreover, according to § 3 of regulation on noise emission standards, it is prohibited to operate flights at airports located in the territory of the Republic of Poland with aircraft that do not comply with the requirements prescribed in chapter 3, Part II, volume I of Annex 16 to the Convention on International Civil Aviation signed at Chicago on 7 December 1944. This regulation does not apply to aircraft registered in another EU member state if such aircraft were approved to operate flights at airports by the respective civil aviation authority of that state.

According to § 5 item 1 of regulation on noise emission standards, President of CAA ma issue a temporary permission for the operation of flights, as specified in § 3 item 1 of regulation on noise emission standards, with an aircraft that does not comply with the requirements of chapter 3 if the operation of flights with such an aircraft, due to the exceptional nature of the flight, does not justify to impose a ban from using this aircraft in the flight.

In case of a planned air carriage to the Warsaw Chopin Airport (WAW), please contact the slot coordinator Airport Coordination Limited, http://www.acl-uk.org, e-mail: poland@acl-uk.org, SITA: LONACXH, in order to agree on slots at the airport.


Application

The application for operating permit shall include the following information:

1) name, registered office and address of the air carrier;
2) route, on which the carriage is to be performed, and the type of carriage (passengers with baggage, cargo, mail);
3) available capacity and frequency of flights (indicating the maximum number of passenger seats – in case of passenger flights or MTOM of aircraft – in case of cargo flights, as well as routes, dates and hours of operation at airports and flight numbers);
4) types of aircraft and their registration marks.

The application may be submitted ONLY via:

- fax – to the number: +48 22 520 73 53;

- regular mail – to the address: Civil Aviation Authority, Traffic Rights Division (LER-2), Flisa 2, 02-247 Warsaw, Poland;

or personally at Civil Aviation Authority office in Warsaw.

To download:
docxOperating permit - draft application form


Required Documents

The application for an operating permit shall be accompanied with the following documents:

1) designation to perform air carriage specified in the application, issued by the competent authority of the foreign country - if required by the relevant international agreements;
2)  Air Operator Certificate (AOC) issued by the competent authority of the foreign country;
3)  insurance policy or certificate of insurance stating liability insurance for damages related to the operation of aircraft, air transport of passengers, baggage, cargo and mail, and in relation to third parties, in accordance with the provisions of Regulation No 785/2004 of the European Parliament and of the Council of 21 April 2004 on insurance requirements for air carriers and aircraft operators;
4)  authorisation to perform commercial air carriage, issued by the competent authority of the foreign country;
5)  operating license or an equivalent document issued by the competent authority of the foreign country;
6)  schedule of flights, indicating the routes, type of air carriage, aircraft types, capacity of aircraft, frequency of flights, dates and hours of operation at airports;
7)  list of tariffs – if required by the relevant international agreements;
8)  letter of attorney to act on behalf of the air carrier OR letter of attorney to receive documents in administrative proceedings held against the air carrier, for an individual residing in the territory of the Republic of Poland to be the proxy of the air carrier;
9)  in case of attaching a letter of attorney to act on behalf of the air carrier - proof of payment of the stamp duty for filing the letter of attorney, in the amount of 17 PLN;
10) confirmation of payment of the required aviation fee.

Additionally, if requested by President of CAA, the air carrier shall also submit:

•    certificate of airworthiness of the aircraft;
•    noise certificate of the aircraft;
•    documents certifying legal status of the air carrier, its capital structure, ownership and control (including an extract from the relevant register of companies).

If the Air Operator Certificate does not include information about the aircraft indicated in the application for operating permit, it is required to present to President of CAA a copy of contract for the operation on the route with wet-leased aircraft.

In order to determine whether the air carrier meets the requirement specified in Article 195 item 1 point 3 of the Aviation Law, President of CAA may also require to:

•    indicate the agent at the Polish airport to provide handling services;
•    acknowledge the allocation of slots by the flight schedule coordinator – in case of airports that are subject to slot coordination.

To download:
docLetter of Attorney to deliver documents – draft form
docLetter of Attorney to act on behalf of the air carrier – draft form


Aviation Fee

On the basis of Article 26a of the Aviation Law and in accordance with Table no. 1, Part I, point 1.2 item 7 of Annex 6 to the Aviation Act, the consideration of application for operating permit from an air carrier of the state other than member states of the European Union, the Swiss Confederation and member states of EFTA – contracting party to the EEA, by President of CAA is subject to a fee of 21,346 PLN (the amount valorised in accordance with Article 26a items 3 and 4 of the Aviation Law, as published in the Journal of Law of 2018 item 193, via Public Notice of Minister of Infrastructure and Construction of 8 February 2018).

The fee can be paid:

a) by cash at the cash desk of Civil Aviation Authority – cash desk is open Monday to Friday 11am – 3pm;

or

b) via bank transfer to the bank account of Civil Aviation Authority:

Urząd Lotnictwa Cywilnego
ul. Marcina Flisa 2
02-247 Warszawa

NBP O/O Warszawa
PL 31 1010 1010 0022 9322 3100 0000
CODE SWIFT – NBPLPLPW

The transfer title shall include the name of the carrier and the phrase "Table 1, 1.2 Operating Permit"
The transfer confirmation shall be sent to fax number +48 22 5207353 or e-mail: trafficrights@ulc.gov.pl.


Stamp Duty

The stamp duty of 17 PLN for filing the Letter of Attorney to act on behalf of the air carrier in administrative proceedings held before President of CAA can be paid:

a)    by cash, at the cash desk of Włochy District Office in Warsaw, al. Krakowska 257,
02-133 Warsaw

or

b) via bank transfer to:
Dzielnica Włochy m. st. Warszawy,
    al. Krakowska 257
    02-133 Warszawa
    
    SWIFT CODE: CITIPLPX
    IBAN: PL 77 1030 1508 0000 0005 5003 5049

The transfer title shall include the name of the air carrier and the phrase "Pełnomocnictwo".
The transfer confirmation shall be sent to fax number: +48 22 5207353 or e-mail: trafficrights@ulc.gov.pl


Contact

Traffic Rights Division
Tel: +48 22 520 73 09
+48 22 520 73 91
+48 22 520 73 20
fax: +48 22 520 73 53
E-mail: trafficrights@ulc.gov.pl

 

 

 

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