WILLEMSTAD - Tensions and significant irritation have arisen over the issuance of flight permits between Curaçao and Sint Maarten. Following the bankruptcy of Jetair, Winair, based in Sint Maarten, temporarily holds the exclusive right to operate flights between the two islands.
After Jetair's collapse, Winair applied for a permit to conduct four additional weekly flights on a permanent basis. However, the Curaçao Civil Aviation Authorities (CCAA) granted authorization for only a provisional two-week period, deviating from the initial request.
Winair expressed surprise at CCAA's rigid stance, asserting that, according to the Multilateral Protocol on the Liberalization of Air Transport within the Kingdom of the Netherlands, they are entitled to operate these flights without issue.
The situation is more complex due to the Sint Maarten Civil Aviation Authority (SMCAA) delaying the issuance of a similar permit for Z-Air, which operates from Curaçao and Bonaire. SMCAA contends that Z-Air uses aircraft with U.S. N-registration and demands a written declaration from the U.S. Federal Aviation Administration (FAA) transferring operational control to the CCAA.
Correspondence and Disputes
According to CCAA director Peter Steinmetz, it is customary for the registration country to indicate operational control transfer in writing, but the United States does not engage in such agreements. The FAA stated that Z-Air, having a Curaçao Air Operator Certificate (AOC), is under CCAA supervision. Steinmetz sees no reason for Sint Maarten to refuse Z-Air the necessary permits.
The multilateral protocol mandates granting flight permissions between the islands with minimal procedural delay, raising questions about the reasonableness of SMCAA's demands, knowing that the U.S. does not make such agreements with any country, including Curaçao.
Protectionism Concerns
Several parties perceive SMCAA's actions as an attempt to protect Winair, in which the country of Sint Maarten holds a 93% share, aiming to secure a favorable competitive position for the airline. SMCAA, however, disagrees with this characterization.
Unlike SMCAA, Aruba and Colombia have no objections to Z-Air's operations with U.S.-registered aircraft and have granted it the Foreign Air Operators Certificate without additional requirements.
N-Registration Practices
It is common for airlines to operate aircraft registered in another country. For example, Avianca from Colombia operates many U.S.-registered aircraft, similar to Z-Air's practice. Z-Air director René Winkel criticizes Sint Maarten's stance, emphasizing that Z-Air complies with both CCAA and FAA regulations, ensuring optimal aircraft maintenance.
Legal Proceedings
Last week, Z-Air initiated legal proceedings in Sint Maarten to compel SMCAA to issue the required permit. A decision is expected within approximately two weeks.
