In accordance with the Technical Instructions on the Safe Transport of Dangerous Goods by Air, certain dangerous goods may not be transported by air.

However, an exemption from these technical instructions may be granted, provided that an equivalent overall level of safety in transport is achieved, and only:

• in instances of extreme urgency; or
• when other forms of transport are inappropriate; or
• when full compliance with the prescribed requirements is contrary to the public interest.

Such exemptions must be granted by the States concerned, which are as follows:

• the State of Origin; and
• the State of the Operator; and
• the State of Transit; and
• the State of Overflight; and
• the State of Destination.

Who is concerned

Any air operator or shipper applying for an exemption.

Prerequisites

The air operator providing the transport must hold an Air Operator Certificate (AOC) with the privilege to transport dangerous goods.

Deadlines

The Directorate of Civil Aviation (Direction de l’Aviation Civile – DAC) must receive the application 10 days before the scheduled date of the flight.

Costs

The fee charged for the services provided for the purpose of issuing an exemption for the transport of dangerous goods by air is established in the Grand Ducal regulation of 19 November 2019.

How to proceed

Filing the application

The application form must be completed and signed and sent to the DAC at the following email address: ops@av.etat.lu.

Supporting documents

When applying for an exemption to transport dangerous goods by air, applicants must provide the DAC with copies of the following, in addition to the required form:

• the Air Operator Certificate (AOC), along with the appended operational specification, demonstrating that the operator is authorised to transport dangerous goods;
• the exemption issued by the State of the Operator (where applicable);
• the exemption issued by the State of Origin (where applicable);
• the Dangerous Goods Declaration (DGD);
• for dangerous goods in class 1, the classification document;
• the Safety Data Sheet;
• the packaging testing certificates;
• the training certificate issued to the person who completed the dangerous goods declaration;
• the training certificate issued to the person who completed the application form.

Duration of validity

The exemption shall be valid for 30 days.

Obligations

The shipper and the air operator shall comply with the conditions of transport as specified in the exemption, and report any incident in connection with the transport to safety@av.etat.lu within 72 hours.

Forms / Online services

Who to contact