Civil Aviation Administration of China, Certification of the Operation of Foreign Common Air Carriers Rules

Promulgated: August 23 2004
Effective: January 1 2005
Applicability: The Rules apply to common air carriers that meet the following criteria: a) holding air operators' certificates or other equivalent documents issued by foreign civil aviation administrative authorities approving them to operate flights for common air carriage; and b) using or planning to use airplanes or helicopters for take-offs and landings within China to carry out periodic or non-periodic flights for common air carriage (Article 129.3).

Main contents: A civil air carrier may operate flights for common air carriage within China only after passing the operations certification carried out in accordance with these Rules by the competent local civil aviation administration, and obtaining the Foreign Common Air Carrier Operations Specifications (Operations Specifications) issued by the local civil aviation administration. Operation conditions and limitations prescribed by the air operator's certificate or other equivalent documents issued by the civil aviation administrative authority of an Operations Specifications holder's host country shall also govern the holder's operation in China (Article 129.7). Part B specifies the criteria and procedure for operations certification. An applicant shall submit documents including: (1) the air operator's certificate issued by the applicant's host country; (2) list of aircraft planned to fly into China; and (3) documents evidencing its financial approval to fly into China (Article 129.21). The local civil aviation administration shall, after verification of the essentials, issue the Operations Specifications to the applicant if the applicant meets all of the following conditions: (1) the air operator's certificate or other equivalent documents issued by the civil aviation administrative authority of the applicant's host country allows the applicant to conduct the operation it is applying for; (2) the applicant understands the requirements of all the regulations listed under Article 129.7(b), and is able to conduct safe operation accordingly; and (3) when handling transport of dangerous goods, approval documents shall be obtained from the civil aviation administrative authority of the applicant's host country (Article 129.25). Operations Specifications shall continuously remain valid, except for the occurrence of the circumstances in Article 129.29 whereby it is revoked or suspended. Article 129.41 states that during the staying of the aircraft of an Operations Specifications holder in China, the Civil Aviation Administration of China and its local administration may board the aircraft for inspection without prior notice. In respect of common air carriers from the Hong Kong and Macao Special Administrative Regions, operations certification, oversight and inspection thereof shall be carried out with reference to these Rules (Article 129.71). Foreign common air carriers approved before January 1 2005 to fly into China shall, prior to January 1 2007, apply for the Operations Specifications in order to continue operation after January 1 2007 (Article 129.73).
Related legislation: State Council, Establishing Administrative Licensing for Administrative Examination and Approval Requirements that truly have to be Retained Decision; Convention on International Civil Aviation; PRC Basic Aviation Rules (Revised), July 27 2001, CLP 2001 No.7 p19 and Administration of the Transport of Dangerous Goods Involved in PRC Civil Aviation Provisions