[2020] IASC R09

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On 28 October 2019, the International Air Services Commission (the Commission) issued Determination [2019] IASC 119 (the Determination) allocating one frequency per day in each direction to Virgin Australia International Airlines Pty Ltd (Virgin Australia) on the Japan route to serve Tokyo-Haneda Airport.  The Determination includes several conditions including the requirement for the capacity to be utilised from no later than 29 March 2020 or from such other date approved by the Commission.  Due to the COVID-19 pandemic impacts, including current travel restrictions put in place by the Australian Government in March 2020, Virgin Australia has not been able to commence its new services to and from Tokyo-Haneda, as originally planned.  In light of this, upon the request of Virgin Australia, on 17 April 2020, the Commission extended the date of utilisation to 15 June 2020.  Again, upon the request of Virgin Australia, on 19 June 2020, the Commission issued Resolution [2020] IASC R04 providing that the capacity allocated in Determination [2019] IASC 118 is to be utilised from no later than 31 October 2020 or from such other date approved by the Commission.  

On 2 November 2020, as part of its capacity utilisation report to the Commission, Virgin Australia indicated due to the COVID-19 pandemic impacts, including current the travel restrictions, it remains unable to utilise this capacity.  In light of this, Virgin Australia has requested the issue of a resolution extending the date for utilisation of the capacity from 31 October 2020 to 31 October 2021, or such other date as subsequently approved by the Commission.

The Commission recognises that COVID-19 pandemic and the associated travel restrictions imposed by various countries have seriously disrupted the international operations of airlines worldwide.  In light of these extraordinary circumstances, the Commission issues Resolution [2020] IASC R09 to provide that the capacity issued under Determination [2019] IASC 119 is to be utilised from no later than 31 March 2021, or such other date approved by the Commission.

Dated:    7 December 2020    
 

Ian Douglas - Chairperson

Karen Gosling - Commissioner