The United Arab Emirates (UAE) has recently shown interest in an Open Sky Agreement with India. This bilateral agreement could allow for an expansion in international passenger and cargo services. As a result, it warrants a closer look at the significance of Open Sky Agreements and their potential impact.
Understanding Open Sky Agreements
Open Sky Agreements are bilateral negotiations between countries that establish rights for airlines to offer international passenger and cargo services. This agreement can significantly expand international passenger and cargo flights. In the context of India and UAE, such an agreement would enable an unlimited number of flights to selected cities in each country.
Currently, India has Air Service Agreements (ASA) with 109 countries, including the UAE. These agreements cover aspects such as the number of flights, seats, landing points, and code-share. However, they do not permit an unlimited number of flights between two countries, which an Open Sky Agreement would allow.
India’s Open Sky Policy
India’s National Civil Aviation Policy, established in 2016, allows the government to enter into an ‘open sky’ air services agreement on a reciprocal basis with South Asian Association for Regional Cooperation (SAARC) nations and countries located more than 5,000 kilometers from New Delhi. This means that nations within a 5,000-kilometer radius must enter into a bilateral agreement to mutually determine the number of flights operated by their airlines between the two countries. Currently, India has open sky agreements with countries like Greece, Jamaica, Guyana, Finland, USA, and Japan.
Fifth and Sixth Freedom of Air
In the ongoing discussions, the UAE has stated that it does not intend to implement the fifth and sixth freedoms of air in a way that might jeopardize the interests of Indian airlines. The freedoms of air are commercial aviation rights granting a country’s airlines the privilege to fly into and land in another country’s airspace.
The Chicago Convention of 1944, which was established to address disagreements over aviation liberalization, formulated these rights. The fifth freedom includes the right to fly between two foreign countries on a flight originating or ending in one’s own country. The sixth freedom includes the right to fly from a foreign country to another while stopping in one’s own country for non-technical reasons.
The Prospective Future of India-UAE Aviation Relations
At present, about 1,068 flights per week are operated between India and the UAE under the bilateral Air Service Agreement (ASA). The proposition of an open sky policy could position India as a future commercial hub, consequently fostering stronger aviation relations between India and the UAE. The mutual interests of both countries lie in the expansion and liberalization of air travel, making this a promising prospect for their respective aviation sectors.
