Regulation (EC) No 1008/2008 of the European Parliament and of the CouncilDangos y teitl llawn

Article 8 U.K. Validity of an operating licence

1. An operating licence shall be valid as long as the [F1 UK air carrier] complies with the requirements of this Chapter.

A [F1 UK air carrier] shall at all times be able on request to demonstrate to the competent licensing authority that it meets all the requirements of this Chapter.

2. The competent licensing authority shall closely monitor compliance with the requirements of this Chapter. It shall in any case review compliance with these requirements in the following cases:

(a) two years after a new operating licence has been granted;

(b) when a potential problem has been suspected; or

(c) at the request of the [F2 Secretary of State].

F3 ....

3. The operating licence shall be resubmitted for approval when a [F4 UK air carrier]:

(a) has not started operations within six months of the granting of an operating licence;

(b) has ceased its operations for more than six months; or

(c) which has been licensed on the basis of the first subparagraph of Article 5(3) intends to engage in operations with aircraft above the size threshold specified in Article 5(3) or no longer complies with the financial conditions set out therein.

4. A [F4 UK air carrier] shall provide to the competent licensing authority its audited accounts no later than six months following the last day of the respective financial year, unless otherwise provided for in national law. During the first two years of operation of a [F4 UK air carrier], the data as referred to in point 3 of Annex I shall be made available to the competent licensing authority upon request.

The competent licensing authority may at any time assess the financial performance of a [F4 UK air carrier] to which it has granted an operating licence by requesting the relevant information. As part of such an assessment, the [F4 UK air carrier] in question shall update the data referred to in point 3 of Annex I and provide it to the competent licensing authority upon request.

5. A [F4 UK air carrier] shall notify the competent licensing authority:

(a) in advance of any plans for the operation of a new air service to a continent or a world region not previously served, or any other substantial change in the scale of its activities, including, but not limited to, changes in the type or number of aircraft used;

(b) in advance of any intended mergers or acquisitions; and

(c) within 14 days of any change in the ownership of any single shareholding which represents 10 % or more of the total shareholding of the [F4 UK air carrier] or of its parent or ultimate holding company.

6. If the competent licensing authority deems the changes notified under paragraph 5 to have a significant bearing on the finances of the [F4 UK air carrier], it shall require the submission of a revised business plan incorporating the changes in question and covering, at least, a period of 12 months from its date of implementation as well as the data referred to in point 2 of Annex I, in addition to the information to be provided under paragraph 4.

The competent licensing authority shall take a decision on the revised business plan as to whether the [F4 UK air carrier] can meet its existing and potential obligations during that period of 12 months. Such a decision shall be taken not later than three months after all the necessary information has been submitted to it.

7. In relation to [F5 UK air carriers] licensed by it the competent licensing authority shall decide whether the operating licence shall be resubmitted for approval in case of change in one or more elements affecting the legal situation of a [F6 UK air carrier] and, in particular, in the case of a merger or takeover.

8. Paragraphs 4, 5 and 6 shall not apply to [F7 UK air carriers] exclusively engaged in operations with aircraft of less than 10 tonnes MTOM and/or less than 20 seats. Such [F7 UK air carriers] shall at all times be able to demonstrate that their net capital is at least [F8 £87,000] or to provide when required by the competent licensing authority the information relevant for the purposes of the assessment referred to in Article 9(2).

The competent licensing authority may nevertheless apply paragraphs 4, 5 and 6 to [F7 UK air carriers] licensed by it that operate scheduled air services or whose turnover exceeds [F9 £2,600,000] per year.

Textual Amendments

F1 Words in Art. 8(1) substituted (31.12.2020) by The Operation of Air Services (Amendment etc.) (EU Exit) Regulations 2018 (S.I. 2018/1392), reg. 1(2), Sch. 2 para. 10(2); 2020 c. 1, Sch. 5 para. 1(1)

F2 Words in Art. 8(2) substituted (31.12.2020) by The Operation of Air Services (Amendment etc.) (EU Exit) Regulations 2018 (S.I. 2018/1392), reg. 1(2), Sch. 2 para. 10(3)(a); 2020 c. 1, Sch. 5 para. 1(1)

F3 Words in Art. 8(2) omitted (31.12.2020) by virtue of The Operation of Air Services (Amendment etc.) (EU Exit) Regulations 2018 (S.I. 2018/1392), reg. 1(2), Sch. 2 para. 10(3)(b); 2020 c. 1, Sch. 5 para. 1(1)

F4 Words in art. 8(3)-(6) substituted (31.12.2020) by The Operation of Air Services (Amendment etc.) (EU Exit) Regulations 2018 (S.I. 2018/1392), reg. 1(2), Sch. 2 para. 10(4); 2020 c. 1, Sch. 5 para. 1(1)

F5 Words in Art. 8(7) substituted (31.12.2020) by The Operation of Air Services (Amendment etc.) (EU Exit) Regulations 2018 (S.I. 2018/1392), reg. 1(2), Sch. 2 para. 10(5)(a); 2020 c. 1, Sch. 5 para. 1(1)

F6 Words in Art. 8(7) substituted (31.12.2020) by The Operation of Air Services (Amendment etc.) (EU Exit) Regulations 2018 (S.I. 2018/1392), reg. 1(2), Sch. 2 para. 10(5)(b); 2020 c. 1, Sch. 5 para. 1(1)

F7 Words in Art. 8(8) substituted (31.12.2020) by The Operation of Air Services (Amendment etc.) (EU Exit) Regulations 2018 (S.I. 2018/1392), reg. 1(2), Sch. 2 para. 10(6)(a); 2020 c. 1, Sch. 5 para. 1(1)

F8 Sum in Art. 8(8) substituted (31.12.2020) by The Operation of Air Services (Amendment etc.) (EU Exit) Regulations 2018 (S.I. 2018/1392), reg. 1(2), Sch. 2 para. 10(6)(b); 2020 c. 1, Sch. 5 para. 1(1)

F9 Sum in Art. 8(8) substituted (31.12.2020) by The Operation of Air Services (Amendment etc.) (EU Exit) Regulations 2018 (S.I. 2018/1392), reg. 1(2), Sch. 2 para. 10(6)(c); 2020 c. 1, Sch. 5 para. 1(1)