Wet Lease Regulations: EU & UK Approval Rules Explained (2026)
How EU and UK wet lease rules work: Article 13 conditions, prior approval, notifications, crew licence checks and what to confirm before an ACMI deployment.
How EU and UK Wet Lease Approvals Work Before an Aircraft Can Fly
Wet leasing looks simple commercially: an airline rents an aircraft with crew, maintenance and insurance. Legally it is not. Before a wet-leased aircraft can carry passengers or cargo for another airline, regulators usually have to approve or be notified of the arrangement. This guide explains the main EU and UK rules, the checks that catch airlines out, and what to confirm before you agree a start date.
The short version
In the EU, lease arrangements are governed by Article 13 of Regulation (EC) No 1008/2008. Wet leasing from third-country operators is tightly conditioned, while leases between operators inside the system are treated more lightly. The UK keeps a parallel regime through its CAA and Department for Transport.
Article 13 of Regulation 1008/2008
Article 13 of Regulation (EC) No 1008/2008 sets out when lease arrangements involving aircraft registered in third countries are permitted, and wet leases in particular. The European Parliament’s legislative summary explains the underlying aim: third-country wet leases should be limited in time and meet safety standards equivalent to the safety rules of the Community.
In practice this means a European airline cannot use a foreign wet-lease provider as a permanent replacement for its own fleet. The rules treat wet leasing as a tool for exceptional, seasonal or operational needs, and require approval before the lease begins.
National authorities publish their own guidance on how they apply these rules. The Hellenic Civil Aviation Authority’s leasing and codeshare information bulletin, for example, separates wet lease-in, wet lease-out and dry lease cases and cites Article 13 and the air operations rules for each.
The EU–US wet lease derogation
In 2019 the EU amended Article 13(3)(b) through Regulation (EU) 2019/2. The amendment allows the usual wet-lease conditions to be set aside where an international wet-lease agreement concluded by the Union, based on an existing air transport agreement, provides its own regime. The change was driven by the EU–US air transport agreement, which foresees a more open wet-lease arrangement between the two markets.
If you are planning transatlantic wet-lease capacity, confirm both the EU-side position and the requirements of the US authorities, because a derogation in EU law does not remove obligations imposed by the other side.
UK CAA and Department for Transport approvals
The UK CAA’s wet and damp leasing guidance states that its policy allows UK AOC holders to wet lease aircraft from third-country operators, including EU member states. To wet lease in from a third-country operator, the UK lessee must first obtain lease approval from the Department for Transport under Article 13(3) of Regulation 1008/2008 and a separate approval from the CAA under the air operations rules.
The CAA also lists additional considerations for third-country lessors:
- the lessor’s pilots need third-country licence validations or an exemption;
- the third-country operator needs the relevant third-country operator authorisation;
- wet leasing in from an EASA member state operator requires notifying the CAA.
For urgent situations the CAA has published a general approval for wet lease-in in exceptional circumstances. It covers aircraft registered in the EEA or Switzerland where no UK-registered aircraft is available to wet lease from a UK carrier. The lessee must notify the CAA before the lease starts.
Wet leasing out a UK-registered aircraft is treated differently. According to the CAA, Article 13(2) does not require lease approval for a wet lease-out, but other requirements still apply to the lessor.
Why the rules shape who can supply capacity
Regulation does not only affect lessees. It also shapes which operators can compete for wet-lease work. When Ascend Airways announced in April 2026 that it would surrender its UK air operator’s certificate, it pointed to the absence of reciprocal wet leasing rights for UK carriers and a higher cost base, which it said made a UK certificate less competitive than EU alternatives in the European ACMI market. ch-aviation covered the statement, and Aviation Business News reported the same reasoning alongside fuel prices and engine reliability.
That is the company’s own account, and other pressures contributed, but it illustrates a practical point: the operating certificate an ACMI provider holds can affect where it can sell capacity and at what cost. For the commercial consequences of a provider exiting, see our guide to ACMI provider failure risk.
What to confirm before a wet lease starts
| Check | Why it matters | Who usually confirms |
|---|---|---|
| Aircraft registration | Determines which approval route applies | Lessee with its authority |
| Lessor’s operating certificate | The aircraft flies under the lessor’s AOC and ops specifications | Lessor, verified by lessee |
| Third-country authorisations | Needed where the lessor is outside the lessee’s system | Lessor and regulator |
| Crew licences and validations | Foreign crew may need validations or exemptions | Lessor, checked by lessee |
| Lease duration and purpose | Time limits and the reason for the lease can affect approval | Lessee |
| Insurance | Certificates and named parties must match the contract | Both parties |
| Approval or notification timing | Some leases must be notified or approved before the first flight | Lessee |
Related reading on ACMIWorld: our guide to the air operator certificate and the definition of operational control explain why the lessor’s certificate matters. To audit crew documents before a lease, see how airlines audit crew training records. For a side-by-side view of the lease structures themselves, read damp lease vs wet lease vs ACMI.
Other markets have their own rules
Wet lease rules differ widely between countries. India’s regime is covered in our guide to ACMI leasing into India and DGCA wet lease rules. Traffic rights and cabotage limits also shape where a wet-leased aircraft can operate. See our definitions of cabotage, bilateral air services agreements and open skies agreements.
Regional demand patterns are covered in ten countries with the highest ACMI demand, and leasing rules interact with emissions reporting in our guide on wet leases, damp leases and CORSIA.
Frequently asked questions
Does an EU airline need approval to wet lease an aircraft?
It depends on where the aircraft is registered and who supplies it. Article 13 of Regulation (EC) No 1008/2008 sets the conditions for lease arrangements, and wet leases of third-country registered aircraft are subject to strict conditions and prior approval. The national aviation authority is the right place to confirm what applies to a specific lease.
Can UK airlines wet lease aircraft from EU operators?
Yes. The UK CAA’s leasing policy allows UK AOC holders to wet lease aircraft from third-country operators, including EU member states, subject to the approvals and notifications the CAA sets out. A general approval exists for exceptional circumstances involving EEA or Swiss registered aircraft, with notification required before the lease starts.
Why are wet leases from third countries restricted in the EU?
EU rules limit third-country wet leases in time and require safety standards equivalent to Community rules. The aim is to keep wet leasing as a way to meet exceptional, seasonal or operational needs rather than a permanent substitute for an airline’s own fleet.
Is there a special arrangement between the EU and the US on wet leasing?
Regulation (EU) 2019/2 amended Regulation 1008/2008 so that the time-based conditions on third-country wet leases can be derogated from where an international wet-lease agreement based on an existing air transport agreement provides for it. The EU–US air transport agreement was the reason for the change.
Who should check wet lease approval requirements?
The lessee should confirm requirements directly with its national aviation authority and, where relevant, the authority of the lessor, ideally with advice from an aviation lawyer, before agreeing a start date.
Key takeaways
Treat regulatory approval as part of the ACMI procurement timeline, not an afterthought. Confirm aircraft registration, the lessor’s certificates, crew validations and any required approvals or notifications before you sign. For contract protections, read our guide to ACMI contract clauses airlines should negotiate and the data points to include in an ACMI RFP. For legal advice, see our lists of aviation law firms in London and Ireland.
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