Temporary permission to fly over Belgian territory (non-ICAO)
This is delivered to aircraft registered abroad that do not have a standard certificate of airworthiness in accordance with the provisions of Annex 8 of the Chicago Convention. It is issued for a maximum period of one year and is limited to a maximum of 30 days per year.
The application form, duly completed and accompanied by the necessary documents, must be submitted at least 10 working days before the first scheduled flight.
The validity of the permit to fly is linked to the validity of the document authorizing the aircraft to fly in the country of origin. If the permit to fly in the country of origin expires, the permit also expires in Belgium.
Any commercial activity is prohibited for aircraft with a temporary permission to fly over the Belgian territory.
The Royal Decree of 8 June 2017, modifying the Royal Decree of 16 March 2009 laying down the conditions for granting access to the air traffic for certain aircraft without a Certificate of Airworthiness, was published on 21 June 2017.
Hence, as of 1 July 2017, the following aircraft (categories) no longer need to obtain a permission to fly over Belgian territory:
- amateur built aircraft, registered in an ECAC (European Civil Aviation Conference) Member State, disposing of a Certificate of Airworthiness or Permit to Fly, issued by that Member State;
- historical aircraft originally factory-manufactured and previously holding an ICAO compliant Certificate of Airworthiness and subsequently operated under national rules through a National Restricted Permit to Fly or National Restricted Certificate of Airworthiness, and falling under EU Regulation (EC) No 216/2008, Annex II, Article a(i), with a maximum take-off weight of less than 5700kg and operated in non-commercial flights.
The aforementioned Article a(i) refers to non-complex (historic) aircraft whose initial design was established before 1 January 1955, and whose production has been stopped before 1 January 1975.
It should however be noted that the usage of aforementioned aircraft in Belgian airspace is limited to 30 days per calendar year.