Safety and legality of charter flights 

The organisation of a charter flight is subject to compliance with a large number of requirements, both legal and technical, to ensure that each operation can be carried out safely and in accordance with the laws in force. 

European standards are very high with regard to the management of aviation activities and the competent authorities have stringent control tools at their disposal to ensure the safety of flights in their airspace. These include the well-known "Black List" of airlines, which is very effective in achieving a higher level of safety for travelers and encouraging the use of best practices among non-European operators wishing to operate to the EU. 

In September 2016, the European Commission updated the latest version of the blacklist, indicating the airlines that will be banned from operating, in whole or in part, in European airspace. This list is regularly reviewed and the latest version can be consulted by clicking on the List of banned airlines 

For a flight to comply with all legal requirements, it is not enough to have the corresponding safety authorizations. There are also other requirements that must be complied with for the organisation of each flight: traffic rights, tax issues, customs, etc. 

Fortunately, the vast majority of flights are operated in accordance with all legal requirements. However, there may be operators who operate charter flights that do not comply with the regulations and are therefore declared illegal or unauthorized.  Mostly as a result of a lack of knowledge, but unfortunately there are unscrupulous companies that choose to work around the system. All flights that do not comply with these requirements are often referred to as "illegal charter flights". 

Since its inception, Europair has maintained a strong commitment to the quality, safety, and legality of the flights it organises. As a member of the Charter Broker Committee of the European Business Aviation Association (EBAA), Europair works closely with the EBAA to fight against malpractice in the sector and to put an end to this type of unauthorized flights. 

But what is an illegal charter flight? 

An illegal flight is any flight that does not comply with established rules and regulations. The EBAA differentiates between the following six cases: 

- The EU/non-EU operator does not have a valid certificate (AOC) to be able to conduct flights. 

- The non-EU operator carries out air transport without having the traffic rights of the territories it overflies over 

- The EU operator commits tax fraud, e.g. avoiding payment of VAT. 

- The EU operator does not comply with EU safety requirements as defined in the operations manual 

- The EU operator does not comply with EU regulations and requirements during the flight. 

- The EU/non-EU operator transports persons or goods without making proper cross-border declarations 

What is an Air Operator's Certificate (AOC)? 

The AOC is a legal requirement for commercial air transport in Europe. It is a document issued by the State Civil Aviation Authority certifying that the operator in question has the professional capability and organisation to ensure the safe operation of its aircraft. 

When contracting a charter flight, you must ensure that the operator has a valid AOC. 

How do I know if the charter operator has a valid AOC? 

You can request a copy of the AOC directly from the aircraft operator or from your trusted airline broker. To verify the data, you can consult the Civil Aviation Authority of the State that issued the certificate. 

What are Air Traffic Rights? 

In addition to holding a valid and current AOC, the air carrier must also hold the air traffic rights to operate the flight. Each State is responsible for overseeing the activity of air operators operating within its territory, and for issuing the AOC and any relevant documentation. Each State has its own regulations that determine whether foreign aircraft and operators can fly in and out of its territory. An operator holding an AOC issued by an EU Member State may operate freely between any other EU Member State. 

In general, aircraft operators based outside the EU are not permitted to operate flights in any EU Member State or to fly from one Member State to another, unless they hold a specific permit issued by the Member State concerned. 

A flight that is conducted without the permissions granted may be considered illegal. 

How can I make sure that the air operator has the traffic rights permits to carry out my charter flight? 

You can ask the airline operator or the airline broker you trust for proof that they have the air traffic permissions to operate your flight. 

What if the airline operator cannot provide a copy of your AOC and/or proof of traffic rights? 

The flight is likely to be illegal. This means that in the event of an incident or accident, your insurance cover and that of accompanying passengers will be void. 

If you are hiring and paying for a charter flight, you should make sure that the operator has full permission to operate commercial flights. Failure to do so could have serious legal and safety consequences. 

For all the above reasons, it is very important to rely on the advice of an expert with technical knowledge of the sector. 

With more than 25 years of experience, Europair has a permanent commitment to quality and the application of best practices in all its processes. 

For more information on the EBAA's awareness campaigns on this topic, please click on the following link: https://www.ebaa.org/industry-updates/baca-ebaa-unite-forces-combat-illegal-charter-flights/