ASEAN Open Skies

THE ASEAN community’s dream of a single aviation market, which was expected to come true at the end of 2015, remains unfulfilled as not all signatures required to ratify the ASEAN Open Sky Policy are in.

Alan Tan, professor of aviation law at the National University of Singapore, told TTG Asia e-Daily in an interview: “Indonesia has not opened up its secondary cities, and the Philippines and Laos have not done so for their capitals. The industry as well as governments, through the ASEAN Secretariat, should urge the remaining member states to complete the full ratification of the ASEAN instruments.”
Tan added: “Once these are fully open, we will have full and unlimited third, fourth and fifth freedom rights for ASEAN carriers to fly from points in their home countries to all points in the other countries.”
Two high-level industry personnel in the Philippines who spoke on the condition of anonymity, said the obstacle to obtaining Philippine support lies in protectionism sentiments.
One of the sources revealed that “Cebu Pacific is alright with (the) signing, but not Philippine Airlines which is protecting its turf.”
The Philippine flag carrier is also reluctant about opening up Ninoy Aquino International Airport in Manila on grounds that the facility’s runways and terminals are already congested and no more slots for flights are available, the two sources shared.
However, they pointed out that Indonesia, which has also run out of slots for foreign carriers at its airports, had gone ahead to ratify the agreement.
Commenting on the issue, Centre for Asia-Pacific Aviation’s chief analyst, Brendan Sobie, said further liberalisation would be meaningless if there were insufficient landing slots.
Sobie elaborated: “This is not a topic worth exploring at this point, given the limited or zero impact from the ASEAN Open Sky Policy on the South-east Asian market. Slot restrictions rather than traffic rights are the main impediment to further growth.
“The open skies policy means nothing unless you are able to secure a take-off or landing slot at both ends of the route.”
Sharing similar sentiments, Tan said: “This is something the respective governments must address through building new infrastructure. The ASEAN Open Sky Policy cannot resolve that problem.”
Source: Paige Lee Pei Qi and Rosa Ocampo,

Asean Open Skies Will Go On Sans Manila

NAIA Terminal 1
NAIA Terminal 1

IT’S embarrassing.

This was the reaction of aviation expert Avelino Zapanta to the Philippines’s continued protection of Manila from foreign carriers, despite the rest of the member-nations of the Association of Southeast Asian Nations (Asean) agreeing to open up their capital cities.

“Nakakahiya nga, but it won’t stop the Asam [Asean-Single Aviation Market],” he opined. ASAM takes full effect in December 2015, as Asean becomes one economic community.

Zapanta, author of 100 Years of Philippine Aviation 1909-2009, the definite reference on airline management in the Philippines, also said the Asean open-skies policy will spur local airlines to offer more intra-Asean routes.

“I think some Philippine carriers will take advantage of Asam, like Cebu Pacific.  It has the resources and it is aggressive.  It has ordered more ATR72s, ideal for the noncapital cities of the other Asean countries, e.g., Zamboanga to Sandakan and Puerto Princesa to Kota Kinabalu, among many others.  I think, PAL Express will do so, too.  But the most aggressive will be Air Asia Zest, since Asam is right down the group’s alley.”

The Philippines continues to stall on the ratification of Protocols 5 and 6 of the 2009 Multilateral Agreement on Air Services (MAAS) that would give Asean airlines unlimited third, fourth and fifth freedom rights to operate between capital cities.

Zapanta, who is also president of the Southeast Asian Airlines International, a charter service, said the Civil Aeronautics Board “has proposed the ratification of Protocols 5 and 6, but it has not been acted upon by the President [Mr. Aquino].”

For its part, pioneering flag carrier Philippine Airlines (PAL) supports the Aquino administration’s protection of Naia in Manila, the main gateway of tourists to the Philippines, due to its congested runways and terminals.


But it added that it supports ASAM, as it opens up secondary airports as other tourism gateways to the Philippines.

In an e-mail, airline President and COO Jaime J. Bautista said: “PAL has supported Asean open skies as a way of stimulating the opening of direct airline routes to the Philippines’s tourist gateways. With PAL’s support, the Philippines ratified Asean open skies several years ago for services to all Philippine airports, except Naia; and, thus, any Asean airline can operate nonstop from any airport in the Asean region to Cebu, Clark, Davao, Laoag, Laguindingan, Bohol, Iloilo, Puerto Princesa and any other secondary airports in the country.”

He added: “The remaining obstacle is Manila, because the runways, terminals and facilities at Naia are currently overstressed in handling existing flights, much less any significant expansion of flights under any kind of open-skies arrangement.  The government has rightfully held back from including Naia in the ratified Asean open- skies agreements, and, indeed, there is much work to be done to expand Naia or develop a new Manila airport before the Philippines could consider meaningful open skies.  In the meantime, Asean airlines can serve the capital by flying to Clark.” Aileen Clemente, president of the Asean Tourism Association (Aseanta), earlier said the issue of having no more slots in Manila for foreign carriers and the principle of open skies should be separate from each other. She pointed out that “Indonesia already signed [the protocols], even if the Jakarta airport currently doesn’t have slots to provide [foreign carriers],” making the Philippines the last holdout to the region-wide agreement.

Aseanta is composed of public and private tourism-sector organizations from the Asean, which help implement the Asean strategic tourism plan—a road map to ensure that the region remains a successful tourism destination.

Zapanta, for his part, believes the rest of Asean will not press the Philippines to fully open its main gateway to foreign carriers, even if it will be the remaining country, which will continue to do so. “The other members of Asean will respect the limitation we imposed in the non-ratification of Protocols 5 and 6.  They have the option to reciprocate the restriction, i.e., not giving the Philippines unlimited third, fourth and fifth [flying rights] in their capital cities, and keep within bilaterally agreed level of such traffic rights.”

Third and fourth freedom rights allow carriers to fly from their home country to another foreign country, sans government approval.

Fifth freedom rights allows any carrier to fly between two foreign countries during flights originating or ending in said airline’s home country.

Meanwhile, PAL said it was willing to compete under the ASAM but urged other Asean member- nations to privatize their flag carriers to make competition more equitable in the region.

“PAL is always able and willing to  compete with airlines in Asean and all  over the world,” said Bautista.  “In Asean  we’ve advocated a policy for each member-state to take the bold leap to privatize their flag carriers, so that their airlines can progress from state ownership and dependence to become normal business enterprises.  That would make it more fair or equitable, as the Philippines is the only Asean member-state to have made those bold moves more than two decades ago.”

The 10 members of the Asean are Brunei Darussalam, Cambodia, Indonesia, Lao PDR, Malaysia, Myanmar, the Philippines, Singapore, Thailand and Vietnam.

Source: Ma. Stella F. Arnaldo,

Analysis: ASEAN Open Skies On Track

PETALING JAYA: Three aviation tragedies involving carriers from Asean within a space of nine months will not stop the implementation of the Asean open skies policy that will kick off from Jan 1.

The policy, however, is expected to pay more attention to having higher standards of safety and other regulatory approvals to operate flights, among others, when it is fully implemented by the end of 2015.

Although the road to full open skies is not completely clear of obstacles, some Asean airlines particularly low-cost carriers (LCCs) are already positioning themselves for the Asean open skies.

Analysts said the higher safety standards were not entirely due to the two catastrophes involving aircraft from Malaysia and Indonesia. Asean members, they said, had always worked towards their respective safety security compliance for the industry.

“It is not something they hastily prepared in the wake of the airline tragedies. Safety has always been paramount in the aviation industry. No airlines will compromise on safety issue. It (safety) will always be their top priority,” an aviation analyst said.

Industry players said the Asean open skies not only provide member countries with air service liberalisation, but also include aviation safety, aviation security, air traffic management, civil aviation technology, aviation environment protection and air transport regulatory framework.

This year has been the worst for the aviation sector in the region, where for the past few years airlines were hit by high operating costs largely due to fuel prices. But since June this year, the fuel cost has come down but a spate of airline tragedies has cast a shadow over the airline companies.

On March 8, Malaysia Airlines (MAS) MH370 went missing after leaving Kuala Lumpur en route to Beijing, while in July, another MAS jet was shot down when flying over a rebel-controlled area in Ukraine.

The latest air tragedy happened on Sunday when AirAsia Indonesia flight QZ8501 went missing after leaving Surabaya for Singapore.

Analysts and industry officials said airlines had always not compromised on safety issues and that the MH370 tragedy was a rarity.

International Air Transport Association (IATA) CEO Tony Tyler had said right from the beginning there was an understanding among governments and industry players that “safety was not a competitive issue”. He said there has always been great cooperation among all the industry’s stakeholders in efforts to make flying ever safer.

Tyler said IATA was working with its partners towards some recommendations on how to better track aircraft. There is some promising technology that will become available in the near future.

Meanwhile, industry players and analysts are excited with the impending policy which is expected to take place in 2015 as it will be a boon to the Asean carriers.

Analysts said the open skies policy would likely see greater growth and development as airlines in the region were spurred to greater competition.

“With the Asean open skies policy being implemented next year, there would be higher air travel demand in the region, as well as an increase in passenger traffic and movement of goods. This will add a new dimension of growth for the country,” a bank-backed analyst said, adding that Malaysia was one of the major beneficiaries of the policy.

The Asean open skies policy, to be introduced next year as part of the Asean Economic Community, is expected to transform the aviation industry by allowing for more liberalisation between the regional aviation markets, thus encouraging greater connectivity, higher traffic growth and service quality, while lowering ticket prices.

In essence, all of the 10 Asean member countries will open up their international airports to each other, with no regulatory limit in terms of frequency or capacity.

AirAsia group CEO Tan Sri Tony Fernandes told StarBiz in an interview last week (before the QZ8501 incident) that the group was very excited on Asean as a whole and it had been very progressive in opening up its skies. He believed the policy would further boost Asean tourism market.

“We believe in economic union of Asean. AirAsia has been moving Asean people around successfully. The open skies policy will enable secondary cities to reopen, improved connectivity for SME and tourism,” he told StarBiz.

He said the policy would be the first step in terms of Asean common ownership. He also hoped that it would be truly open skies.

“We need open skies — true open skies — and common ownership. As an Asean company, why can’t I own 100% of another airline in Asean? And why can’t another airline own 100% of a Malaysian carrier?” Tony said.

AirAsia has managed to build an Asean tourism market way before the implementation of the policy. The carrier has moved ahead to secure the Indonesian market, accounting for a significant portion of the region’s total population.

Maybank Investment Bank analyst Mohshin Aziz said there was much to cheer upon the launch of the Asean open skies in 2015.

He said upon closer scrutiny, many of the advertised benefits were just a mirage. For example, open skies exist for capital cities, but there is a cap on slots so it amounts to no net benefit.

“Furthermore, the granting of fifth-freedom rights remains arbitrary and dependent on the host country. We wish the tentacles of bureaucracy could be crimped and that things move in a more cohesive manner, much like in the European Union (EU).

A fifth freedom enables an airline to fly to two countries with a flight that originates or ends in its home country. For instance an aircraft can take off from Kuala Lumpur, pick passengers in Bangkok before stopping in Hanoi.

“However, to be fair, the EU open skies took 52 years to complete, whereas Asean open skies was mooted 18 years ago. Hopefully, there will be more deregulations and the region will be more single market-centric in the near future,” he said.

Some players argued that true liberalisation would ensure seventh freedom rights whereby airliners get the right to transport passengers between two foreign countries without offering flights to one’s home country. For instance an airline from Kuala Lumpur can operate between Jakarta and Singapore without having to return to the home base.

It has been reported that the Asean open skies has been ratified by all Asean countries except for the Philippines. Indonesia had ratified the 2009 Multilateral Agreement on Air Services (MAAS) that would give Asean airlines unlimited third, fourth and fifth freedom rights to operate between capital cities.

So, who will benefits and who will rule Asean skies?

In a report, UOB Kay Hian said AirAsia and airport operators such as Malaysia Airports Holdings Bhd (MAHB) would benefit from Indonesia’s ratification of the 2009 Asean open skies.

The research house noted that intra-Asean LCC penetration which was already at 59% would rise further if MAAS was fully ratified.

“The two dominant LCCs in Asean – Lion Air and AirAsia – will be the main beneficiaries. AirAsia will benefit via higher intra-Asean travel, utilisation of its extensive order book, and higher lease income.

“Thai AirAsia, which is Thailand’s largest LCC, will also benefit from greater intra-Asean travel and can serve as an LCC hub to China,” the research house said.

It said airport operators MAHB and Airports of Thailand would also be beneficiaries in the long term.

“Bangkok’s Suvarnabhumi airport is operating at 90% capacity and a new terminal will only be completed in 2017. However, LCC airport Don Maung will see greater pax throughput.

“The primary beneficiary, however, will be KLIA2 as nine LCCs are serving KLIA2, five of which are from the AirAsia group. MAHB will be able to benefit from higher aeronautical and non-aeronautical revenue,” it said.

Source: Leong Hung Yee, The Star Online