the right of an air carrier to undertake air transport of passengers, cargo and mail between two States other than the State in which the licence was issued
Without prejudice to Article 6 (2), a Community air carrier shall be permitted to operate a fifth-freedom scheduled air service where third- or fourth-freedom traffic rights exist, provided that the service meets the following conditions: (a) it is authorized by the State of registration of the Community air carrier concerned; (b) it is operated as an extension of a service from, or as a preliminary of a service to, its State of registration; (c) without prejudice to paragraph 2 it is operated between two airports at least one of which is not a category 1 airport; and (d) not more than 30 % of the carrier's annual capacity on the route concerned may be used for the carriage of fifth-freedom passengers.
