Airports are considered among the vital infrastructure facilities that require precise legal regulation to ensure the safety and security of civil aviation. The state exercises full sovereignty over its airspace and what it contains of airports and installations; accordingly, it establishes legislation that regulates the establishment and operation of airports (airport licensing) within its territory. The Iraqi legislator has adopted an integrated legal framework for airport licensing that combines Civil Aviation Law No. (148) of 1974 (as amended) and the provisions of the international civil aviation agreements to which Iraq has acceded, foremost among them the Chicago Convention of 1944.
This regulation aims to achieve the highest levels of safety and efficiency in airport operations, and to ensure that airport operators comply with the relevant international and national standards. In this research, we review the legal basis for airport licensing in Iraqi legislation, the procedures for granting the license and its conditions, the obligations incumbent upon licensed airport operators, as well as the oversight of the authorities and the penalties prescribed for violating the licensing provisions.
The Legal Basis for Airport Licensing in Iraq
Iraqi Civil Aviation Law No. 148 of 1974 constitutes the general framework that regulates all civil aviation affairs in the state, including airports and civil aircraft. The law has been careful to define its scope of application by excluding state aircraft (military and governmental), unless a special provision exists, pursuant to Article (2) of Iraqi Civil Aviation Law No. 148 of 1974, and by not applying its provisions when they conflict with an international agreement in force in Iraq. The provisions of the International Civil Aviation Convention (Chicago 1944) were also incorporated into the law and made an integral complementary part of it, which confirms Iraq’s commitment to the international standards governing air navigation and airports.
The law defined, under Article (1/10), an “airport” as a specified area on land or water, including the buildings, facilities, and equipment designated wholly or partially for the arrival, departure, and movement of aircraft. It also defined, under Article (1/7), the “airport investor” (i.e., the airport operator) as the natural or legal person who undertakes the investment and management of the airport, whether personally or through his affiliates. The management of the airport sector is entrusted to the Civil Aviation Authority as the body responsible for all civil aviation affairs in the state. This authority undertakes the regulation of airport licenses and monitors compliance with their provisions.
In this context, the law prohibits the establishment or preparation of any civil airport in the state, or its operation or investment, except with a prior license from the Civil Aviation Authority in coordination with the relevant bodies, while taking into account urban planning requirements, city expansion, and environmental requirements. This provision represents the cornerstone of the legal regulation of airports, as it makes licensing an essential condition for the lawful existence and activity of a civil airport.
The law also granted the Civil Aviation Authority the power to issue the regulations and instructions necessary to implement its provisions. Accordingly, the Authority issued Operational Regulation No. (12) concerning the approval/licensing of airports, based on Article 208 of Civil Aviation Law No. 148 of 1974. This regulation aims to detail the standards and procedures for airport licensing in a manner consistent with the Annexes to the Chicago Convention (especially Annex 14 on airports), to ensure the alignment of national regulation with international standards.
It should be noted that the Civil Aviation Authority is also competent to classify airports and determine their types, and in particular to designate international airports in Iraq in consultation with the relevant bodies, as an international airport acquires special importance and requires additional procedures and controls consistent with international air traffic.
Conditions and Procedures for Granting an Airport License
As previously indicated, the law requires obtaining a prior license to establish and operate any civil airport. The implementing regulations (Airport Approval Regulation No. 12) set out in detail the procedures for granting this license, which takes the form of an “Aerodrome Certificate” issued by the Civil Aviation Authority. Under these regulations, every airport used for international operations must hold an aerodrome certificate in accordance with the approved specifications and standards, in implementation of the requirements of Annex 14 to the Chicago Convention.
As for airports from which international flights are not operated, they may not be legally required to obtain the certificate; however, they may apply voluntarily in order to enhance the level of safety and obtain official recognition.
Procedures for Applying for the License (Aerodrome Certificate)
The application process passes through several key steps under the supervision of the Civil Aviation Authority, most notably:
Submitting an official application and airport information
The airport operator submits an application to the Civil Aviation Authority using the approved form, accompanied by the Aerodrome Manual and all technical and operational data related to the airport.
The aerodrome manual is a pivotal document in the licensing process, as it contains an accurate description of the airport’s location, facilities, services, equipment, organization, and operating procedures, including emergency plans, safety management systems, and others. The manual must demonstrate that the airport meets the required standards and specifications and that there are no deficiencies that affect operational safety.
The application must also include essential plans and procedures such as the Airport Emergency Plan, the plan for dealing with animal or bird hazards (if any), the plan for removing disabled aircraft, and others as required by the Authority.
Meeting technical standards
The Authority requires the availability of specific design and operational standards before granting the license, most importantly that runways, taxiways, and aircraft parking aprons comply with ICAO international specifications, and that air navigation, communications, firefighting, and rescue services are secured at the levels required for the airport’s traffic volume.
The airport must also have an effective Safety Management System (SMS) and periodic maintenance programs, among others. The Civil Aviation Authority does not grant the aerodrome certificate except after a comprehensive audit to ensure that the airport provides a safe operating environment for aircraft and that it has qualified staff to operate it.
This includes conducting an on-site inspection of the airport to verify infrastructure (such as runways, beacons, and lighting systems) and the availability of required equipment and services (such as firefighting and ambulance vehicles, communications and navigation equipment, and airport security procedures).
Granting or refusing the license with stated reasons
If the Civil Aviation Authority determines that all requirements are fulfilled and the aerodrome manual is acceptable, it issues the aerodrome certificate and specifies the operating conditions attached to the license (such as the type of permitted operations: domestic or international, the airport category in terms of the size of aircraft it can serve, the level of emergency services available, and other details).
If material deficiencies are found, the Authority may refrain from granting the certificate and notify the applicant in writing of the reasons for refusal within a specified period (usually within 15 days from the decision).
In all cases, the license is personal and may not be assigned to a third party except in accordance with the procedures for transferring the certificate with the approval of the competent authority; therefore, any unauthorized transfer is not recognized.
Validity period of the license and its renewal
The aerodrome certificate issued under the regulation has a limited validity period (often one year, renewable) to ensure periodic review of the airport’s compliance with standards.
The certificate remains valid throughout its term unless it is suspended or revoked by the Authority for reasons related to safety or breach of conditions. The operator must submit the renewal application within the specified time and fulfill any new requirements before the certificate expires, to ensure the continuing validity of the license.
Cases of surrender, transfer, and emergencies
The license holder may surrender (cancel) the license by submitting a prior request to the Civil Aviation Authority, provided that it is notified sufficiently in advance (for example, 30 days) so that it can take the necessary measures to announce the airport’s closure safely.
If there is a desire to change the airport operator (transfer of ownership or management to another entity), prior written approval must be obtained from the Authority (the Iraqi Civil Aviation Authority) to transfer the aerodrome certificate, after verifying the eligibility of the new operator and its ability to comply with safe operation requirements.
It is also worth noting that, in certain special cases, the Civil Aviation Authority may issue a temporary license (temporary certificate) for an airport to enable it to operate for a short period until the final licensing procedures are completed or until it is transferred to a new operator, in order to avoid disrupting air traffic, provided that this does not affect aviation safety.
The duration and conditions of the temporary certificate are determined, and it automatically expires upon issuance of the final certificate.
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