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Home » Law In Travel » Qatar And European Union Sign Open Skies Agreement – Fifth Freedom Flights Not Allowed
Law In TravelNews

Qatar And European Union Sign Open Skies Agreement – Fifth Freedom Flights Not Allowed

Matthew Klint Posted onOctober 20, 2021November 14, 2023 7 Comments

a group of men standing in front of flags

COVID-19 has leveled the playing field when it comes to airlines squabbling over state subsidies. In an era of widespread bailouts, Qatar and the European Union have signed a long-awaited Open Skies Agreement. But the agreement still maintains protectionist aspects that benefit European carriers to the detriment of consumers.

New Open Skies Agreement Signed Between Qatar And European Union

The Open Skies Agreement was signed in Luxembourg on October 18, 2021. Per the EU, it aims to “level the playing field” between the two countries, providing an avenue for economic growth through new air transport opportunities. Key details include:

  • All EU airlines will be able to operate direct flights from any airport in the EU to Qatar and vice-versa for Qatari airlines
  • EU airports in Germany, France, Italy, Belgium and the Netherlands will be subject to a gradual build-up of capacity until 2024
  • For the 2021/2022 winter season, limits include:
    • Belgium
      • 24 weekly services between Qatar and Belgium.
    • France
      • 27 weekly services between Qatar and Paris
      • 14 weekly services between Qatar and Nice
      • 14 weekly services between Qatar and Lyon
      • 14 weekly services between Qatar and others points in France
    • Germany
      • 21 weekly services between Qatar and Frankfurt
      • 21 weekly services between Qatar and Munich
      • 14 weekly services between Qatar and other points in Germany
    • Italy
      • 84 weekly services between Qatar and Italy
    • The Netherlands
      • 14 weekly services between Qatar and Amsterdam
      • 14 weekly services between Qatar and other points in The Netherlands
  • Cargo flights are similarly limited
  • Qatari airlines are banned from operating Fifth Freedom flights to/from the EU
  • Both parties agreed to improve their respective environmental, social and labor laws and policies as per their international commitments

That last point is totally non-binding.

I’m disappointed to see that Fifth Freedom flights are explicitly not permitted (i.e. Qatar Airways operating from Doha to Brussels and then form Brussels to the United States) because I think these routes represent unique value to consumers and force European (and US) airlines to better compete.

That said, I view this agreement as progress not so much because consumers will notice anything different, but because Open Skies and the breaking of barriers between nations ultimately benefits more consumers and benefits economies.

CONCLUSION

The EU and Qatar have signed an Open Skies Agreement, which should gradually mark the end of protectionism between Qatar and the 27-member bloc. Even so, Fifth Freedom flights remain restricted, meaning Open Skies actually retains a fairly notable asterisk.

Image: European Commission

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About Author

Matthew Klint

Matthew is an avid traveler who calls Los Angeles home. Each year he travels more than 200,000 miles by air and has visited more than 135 countries. Working both in the aviation industry and as a travel consultant, Matthew has been featured in major media outlets around the world and uses his Live and Let's Fly blog to share the latest news in the airline industry, commentary on frequent flyer programs, and detailed reports of his worldwide travel.

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7 Comments

  1. Sean M. Reply
    October 20, 2021 at 6:51 am

    Having been involved with Air Service Agreement negotiations with Qatar in the past, you may be surprised to learn that they are actually very protective of granting fifth freedom rights and open access to Doha airport themselves. They also maintain (at least on paper) archaic requirements for fare filings, etc.. by foreign airlines. So I’m not surprised at all to see the lack of fifth freedom provisions in this agreement – neither side is likely to have wanted it on a reciprocal basis!

  2. Derek Jameson Reply
    October 20, 2021 at 11:18 am

    Matthew – a quick question: I’m assuming that, for obvious reasons, the rule forbidding 5th freedom flights does not apply to the UK (as I know some EU decisions the UK has agreed to apply anyway)?

    • Matthew Klint Reply
      October 20, 2021 at 12:45 pm

      That is correct – UK is not party to this agreement.

  3. PM Reply
    October 20, 2021 at 1:04 pm

    Are intra-EU services considered fifth freedom ones in this context? In other words, would QR be allowed to combine two secondary markets e.g. (mad example) DOH-SKG-GDN and back and sell tickets between SKG and GDN?

  4. Christian Reply
    October 20, 2021 at 4:38 pm

    Fifth freedoms should have been allowed on all sides.

  5. Milton Reply
    October 20, 2021 at 5:36 pm

    “I’m disappointed to see that Fifth Freedom flights are explicitly not permitted (i.e. Qatar Airways operating from Doha to Brussels and then form Brussels to the United States) because I think these routes represent unique value to consumers and force European (and US) airlines to better compete.”

    Well, duh, that is precisely the reason governments, at the behest of their champion airlines, prohibited that. Screwing the consumer to favor powerful incumbents: public service 101.

  6. KK Reply
    November 4, 2021 at 10:56 am

    Keep the 5th Freedom ban. Fly JFK to LHR via DOH. It’ll be a great mileage run.

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