Government Authority and Regulatory Framework
- The government holds authority over technical and operational aspects of civil aviation.
- It is empowered to designate and establish civil airways and air navigation facilities.
- The government's role extends to ensuring compliance with obligations under international treaties, conventions, and agreements affecting civil aviation.
Specific Designation and International Agreements
- Subic International Airport is designated as an airport serving Manila for interpreting all-cargo provisions of key international air transport agreements.
- This designation relates to:
- The Air Transport Agreement between the Philippines and the United States, including all amendments.
- The Air Services Agreement between the Philippines and Japan, with specific limitations.
- The Air Services Agreement between the Philippines and the United Kingdom of Great Britain and Northern Ireland.
Scope and Limitations of Application
- The Order governs:
- Exercise of all-cargo Third and Fourth Freedom rights between the Philippines and the United States by designated carriers, directly or via intermediate points.
- Carriage of cargo on all-cargo flights between the United States and other countries using Manila as an intermediate point.
- Exercise of all-cargo Fifth Freedom rights between Japan and the Philippines.
- Exercise of all-cargo Third and Fourth Freedom rights between the Philippines and Japan to the extent authorized under relevant agreements.
- Exercise of all-cargo Third and Fourth Freedom rights between the Philippines and Hong Kong under applicable agreements.
- These rights are exercisable by carriers designated by the respective governments involved.
Effectivity and Supplementary Nature
- The Order takes effect immediately upon issuance.
- It serves as a supplement to other related issuances and does not impair or diminish any rights established under the cited international agreements.
Important Legal Concepts and Principles
- Recognition of Subic International Airport as an international cargo gateway facilitates streamlined air cargo operations.
- Affirmation of government control in aligning aviation operations with national and international obligations.
- Clear delineation of freight rights under freedom of the air principles (Third, Fourth, and Fifth Freedoms) relevant to bilateral air service agreements.
- Conservation of treaty rights ensuring no derogation from existing contractually granted privileges.
- Promotion of economic development through enhanced air cargo connectivity in the Freeport region.