The air dispute between the Philippines and Taiwan has some confusing terms, which are often used incorrectly. Under the 1996 agreement each side was allowed 9,600 seats per week between Taiwan and the Philippines.
The dispute arose when CAL (
However, Sixth Freedom was not included in the 1996 agreement. What is called Sixth Freedom is really a combination of Third and Fourth Freedoms: Third Freedom is the right to put down in another state passengers or freight taken on in the state of registration, while Fourth Freedom is the right to take on in another state passengers or freight destined for the state of airline registration.
Both Third and Fourth Freedom rights are allowed under the 1996 agreement, as the Philippines Civil Aeronautics Board (CAB) admits.
If CAL and EVA were operating legally, why the dispute? Apparently, an unwritten rule in the airline industry allows a certain amount of Sixth Freedom traffic, but if it exceeds 10 to 20 percent of the traffic on a given route, it is considered excessive. According to PAL president Zapanta, EVA and CAL trans-Pacific flights were more than 50 percent filled with Filipino passengers.
"Sixth Freedom is not included in the agreement, but if it is not expressly granted, you cannot do it," said Porvenir Porciuncula, head of the CAB's economic, planning and research division.
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