The EU-US Open Skies Agreement is an agreement on skiing air transport between the European Union (EU) and the United States (USA). The agreement allows every airline in the European Union and every airline in the United States to fly between every point in the European Union and every point in the United States. Both EU and US airlines can continue to fly to another destination in another country after their first stopover (Fifth Freedom Rights). Since the EU is not treated as a single area for the purposes of the agreement, this means, in practice, that US airlines can fly between two points in the EU as long as that flight is the continuation of a flight that started in the US (e.g. B New York – London – Berlin). EU airlines can also fly between the US and third countries that are part of the European Common Aviation Area, such as Switzerland. EU and US airlines can operate all cargo flights under seventh freedom rights, meaning that US airlines` net cargo flights can be made from one EU country to any other country (including another EU country) and EU airlines` net cargo flights between the US and any other country. [1] Norway and Iceland acceded to the Agreement from 2011 and their airlines enjoy the same rights as EU airlines. [2] 2. All agreements or decisions prohibited by this article shall be automatically null and void.

As national air carriers, foreign air carriers, including EU/EFTA air carriers, must also be allowed to carry passengers or goods for commercial purposes on a specific route to and from non-EU/EFTA countries. These authorisations are granted in accordance with Switzerland`s bilateral agreements with non-EU/EFTA countries. The CFS is also free to grant an authorisation if there is no basis in a bilateral agreement. In accordance with Article 28 of the Air Transport Act, the commercial transport of passengers or cargo on a given route is also subject to authorisation by the BAZL. However, this does not apply to EU and EFTA destinations. On the basis of the EU-CH Air Services Agreement and Regulation (EC) No 1008/2008, any Swiss and EU/EFTA airline may operate all routes between Switzerland, on the one hand, and the EU/EFTA Member States, on the other. Swiss airlines can also serve routes between EU/EFTA Member States. Authorisation to regularly serve routes between Switzerland and non-EU/EFTA countries is only granted to national airlines for a limited period. The operator needs an operating licence in accordance with Article 27 of the Air Transport Act.

The BAZL must take into account the public interest and the way in which national airports are served. In its application, the operator must provide route plans, timetables, fares, information on the aircraft to be used, cooperation agreements with other airlines and information on the commercial aspects of the operation. Other airlines that could serve the same route are involved in the procedure. . . .