ASEAN
A multilateral air transport agreement between EU and its member states and the member states of ASEAN* was signed in October 2022. The agreement has not yet entered into force but is applied on a provisional basis. The agreement replaces the bilateral agreements between EU’s member states and ASEAN member states, except in regard of Malaysia that has not yet acceded to the agreement.
Designation principle
Multiple designation applies.
Traffic rights
EU-carriers have the right to perform scheduled and non-scheduled flights with third and fourth freedom traffic rights between any points in the EU and any points in ASEAN member states** without limitations on routes, capacity and/or frequencies. For traffic originating in EU, fifth freedom traffic rights to intermediate and beyond points are also available, with certain limitations.
Carriers from ASEAN member states have the right to perform scheduled and non-scheduled flights with third and fourth freedom rights between any points in the ASEAN state of the carrier and any points in EU without limitations on routes, capacity and/or frequencies. For traffic originating in an ASEAN member state, fifth freedom traffic rights to intermediate and beyond points are also available to carriers of that ASEAN member state, with certain limitations.
Capacity provisions etc.
Each Party shall allow each air carrier to determine the frequency and capacity of the international air transport it offers based upon commercial considerations in the marketplace. Consistent with this right, neither Party shall unilaterally limit the volume of traffic, frequency or regularity of service, or the aircraft type or types operated by the air carriers of the other Party, except for customs, technical, operational, environmental, protection of health reasons.
The parties grant each other’s air carriers to provide air service under the agreement with wet lease from other air carriers of the same party as the lessee. Wet lease with an air carrier from another country is only allowed if it can be justified on the basis of exceptional needs, seasonal capacity needs or operational difficulties.
It is allowed with code-share arrangements, also with carriers from third countries.
For further information, see EU-ASEAN Comprehensive Air Transport Agreement (europa.eu).
*Brunei, Cambodia, Indonesia, Malaysia, Myanmar, the Philippines, Singapore, Thailand and Vietnam
**For Indonesia the points are limited to Denpasar, Jakarta, Makassar, Medan och Surabaya