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

Regulation (EC) No 1008/2008 of the European Parliament and of the Council of 24 September 2008 on common rules for the operation of air services in the United Kingdom (Recast) (Text with EEA relevance)

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CHAPTER IU.K.GENERAL PROVISIONS

Article 1U.K.Subject matter

[F11.This Regulation regulates the licensing of UK air carriers, the imposition of public service obligations in respect of scheduled air services and information on pricing of air services within the United Kingdom. It also lays down temporary rules on the supply of groundhandling services at airports in the United Kingdom.]

F22.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Article 2U.K.Definitions

For the purposes of this Regulation:

1.

‘operating licence’ means an authorisation granted by the competent licensing authority to an undertaking, permitting it to provide air services as stated in the operating licence;

2.

‘competent licensing authority’ means [F3the authority] entitled to grant, refuse, revoke or suspend an operating licence in accordance with Chapter II;

3.

‘undertaking’ means any natural or legal person, whether profit-making or not, or any official body whether having its own legal personality or not;

4.

‘air service’ means a flight or a series of flights carrying passengers, cargo and/or mail for remuneration and/or hire;

5.

‘flight’ means a departure from a specified airport towards a specified destination airport;

6.

‘local flight’ means a flight not involving carriage of passengers, mail and/or cargo between different airports or other authorised landing points;

7.

‘airport’ means any area F4... especially adapted for air services;

8.

‘air operator certificate (AOC)’ means a certificate delivered to an undertaking confirming that the operator has the professional ability and organisation to ensure the safety of operations specified in the certificate F5...;

9.

‘effective control’ means a relationship constituted by rights, contracts or any other means which, either separately or jointly and having regard to the considerations of fact or law involved, confer the possibility of directly or indirectly exercising a decisive influence on an undertaking, in particular by:

(a)

the right to use all or part of the assets of an undertaking;

(b)

rights or contracts which confer a decisive influence on the composition, voting or decisions of the bodies of an undertaking or otherwise confer a decisive influence on the running of the business of the undertaking;

10.

‘air carrier’ means an undertaking with a valid operating licence or equivalent;

11.

‘[F6UK air carrier]’ means an air carrier with a valid operating licence granted by [F7the competent licensing authority] in accordance with Chapter II;

11A.

[F8‘qualifying air carrier’ means:

(a)

a UK air carrier; or

(b)

any air carrier eligible to operate services on the route concerned under or by virtue of an agreement between the United Kingdom and another country;]

12.

‘business plan’ means a detailed description of the air carrier's intended commercial activities for the period in question, in particular in relation to the expected market development and the investments to be carried out, including the financial and economic implications of these activities;

13.

F9...

14.

F9...

15.

‘seat-only sales’ means the sale of seats, without any other service bundled, such as accommodation, directly to the public by the air carrier or its authorised agent or a charterer;

16.

‘scheduled air service’ means a series of flights possessing all the following characteristics:

(a)

on each flight seats and/or capacity to transport cargo and/or mail are available for individual purchase by the public (either directly from the air carrier or from its authorised agents);

(b)

it is operated so as to serve traffic between the same two or more airports, either:

  • according to a published timetable, or

  • with flights so regular or frequent that they constitute a recognisably systematic series;

17.

‘capacity’ means the number of seats or the payload offered to the general public on a scheduled air service over a given period;

18.

‘air fares’ means the prices F10... to be paid to air carriers or their agents or other ticket sellers for the carriage of passengers on air services and any conditions under which those prices apply, including remuneration and conditions offered to agency and other auxiliary services;

19.

‘air rates’ means the prices F10... to be paid for the carriage of cargo and the conditions under which those prices apply, including remuneration and conditions offered to agency and other auxiliary services;

20.

F11...

21.

F11...

22.

F11...

23.

‘management account’ means a detailed statement of income and costs of an air carrier for the period in question including a breakdown between air-transport-related and other activities as well as between pecuniary and non-pecuniary elements;

24.

‘dry lease agreement’ means an agreement between undertakings pursuant to which the aircraft is operated under the AOC of the lessee;

25.

‘wet lease agreement’ means an agreement between air carriers pursuant to which the aircraft is operated under the AOC of the lessor;

26.

[F12“principal place of business” means the head office or registered office of a UK air carrier.]

Textual Amendments

CHAPTER IIU.K.OPERATING LICENCE

Article 3U.K.Operating licence

1.No undertaking [F13which has its principal place of business] in the [F14United Kingdom] shall be permitted to carry by air passengers, mail and/or cargo for remuneration and/or hire unless it has been granted the appropriate operating licence.

An undertaking meeting the requirements of this Chapter shall be entitled to receive an operating licence.

2.The competent licensing authority shall not grant operating licences or maintain them in force where any of the requirements of this Chapter are not complied with.

3.Without prejudice to any other applicable provisions of [F15national or international law], the following categories of air services shall not be subject to the requirement to hold a valid operating licence:

(a)air services performed by non-power-driven aircraft and/or ultralight power-driven aircraft; and

(b)local flights.

Textual Amendments

Article 4U.K.Conditions for granting an operating licence

An undertaking shall be granted an operating licence by the competent licensing authority F16... provided that:

(a)

its principal place of business is located in [F17the United Kingdom];

(b)

[F18it holds a valid AOC issued [F19by the Civil Aviation Authority];]

(c)

it has one or more aircraft at its disposal through ownership or a dry lease agreement;

(d)

its main occupation is to operate air services in isolation or combined with any other commercial operation of aircraft or the repair and maintenance of aircraft;

(e)

its company structure allows the competent licensing authority to implement the provisions of this Chapter;

(f)

F20...

(g)

it meets the financial conditions specified in Article 5;

(h)

it complies with the insurance requirements specified in Article 11 and in Regulation (EC) No 785/2004; and

(i)

it complies with the provisions on good repute as specified in Article 7.

Textual Amendments

Article 5U.K.Financial conditions for granting an operating licence

1.The competent licensing authority shall closely assess whether an undertaking applying for the first time for an operating licence can demonstrate that:

(a)it can meet at any time its actual and potential obligations established under realistic assumptions, for a period of 24 months from the start of operations; and

(b)it can meet its fixed and operational costs incurred by operations according to its business plan and established under realistic assumptions, for a period of three months from the start of operations, without taking into account any income from its operations.

2.For the purposes of the assessment referred to in paragraph 1, each applicant shall submit a business plan for, at least, the first three years of operation. The business plan shall also detail the applicant's financial links with any other commercial activities in which the applicant is engaged either directly or through related undertakings. The applicant shall also provide all relevant information, in particular the data referred to in point 1 of Annex I.

3.Paragraphs 1 and 2 shall not apply to an undertaking applying for an operating licence intended to cover operations with aircraft of less than 10 tonnes maximum take-off mass (MTOM) and/or less than 20 seats. Such undertakings shall demonstrate that their net capital is at least [F21£87,000] or provide, when required by the competent licensing authority, all relevant information for the purposes of the assessment referred to in paragraph 1, in particular the data referred to in point 1 of Annex I.

The competent licensing authority may nevertheless apply paragraphs 1 and 2 to an undertaking applying for an operating licence under the provisions of the previous subparagraph that intends to operate scheduled air services or whose turnover exceeds [F22£2,600,000] per year.

Textual Amendments

[F18Article 6U.K.Air operator certificate

1.The granting and validity of an operating licence shall be dependent on the possession of a valid AOC specifying the activities covered by that operating licence.

2.Any modification to the AOC of a [F23UK air carrier] shall be reflected, where appropriate, in its operating licence.

F24...

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F253a.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

Article 7U.K.Proof of good repute

1.Where, for the purpose of issuing an operating licence, proof is required that the persons who will continuously and effectively manage the operations of the undertaking are of good repute or that they have not been declared bankrupt, the competent licensing authority shall accept as sufficient evidence in respect of [F26UK nationals] the production of documents issued by the competent authorities in the [F27UK] showing that those requirements are met.

2.Where the [F28country] of origin or the [F28country] where the person has his/her permanent residence does not issue the documents referred to in paragraph 1, such documents shall be replaced by a declaration on oath or — in [F29countries] where there is no provision for declaration on oath — by a solemn declaration made by the person concerned before a competent judicial or administrative authority or, where appropriate, a notary or qualified professional body of the [F28country] of origin or the [F28country] where the person has his/her permanent residence. Such authority, notary or qualified professional body shall issue a certificate attesting the authenticity of the declaration on oath or solemn declaration.

3.The competent licensing authority may require that the documents and certificates referred to in paragraphs 1 and 2 be presented no more than three months after their date of issue.

Textual Amendments

Article 8U.K.Validity of an operating licence

1.An operating licence shall be valid as long as the [F30UK air carrier] complies with the requirements of this Chapter.

A [F30UK 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 [F31Secretary of State].

F32....

3.The operating licence shall be resubmitted for approval when a [F33UK 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 [F33UK 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 [F33UK 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 [F33UK air carrier] to which it has granted an operating licence by requesting the relevant information. As part of such an assessment, the [F33UK 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 [F33UK 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 [F33UK 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 [F33UK 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 [F33UK 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 [F34UK 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 [F35UK air carrier] and, in particular, in the case of a merger or takeover.

8.Paragraphs 4, 5 and 6 shall not apply to [F36UK air carriers] exclusively engaged in operations with aircraft of less than 10 tonnes MTOM and/or less than 20 seats. Such [F36UK air carriers] shall at all times be able to demonstrate that their net capital is at least [F37£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 [F36UK air carriers] licensed by it that operate scheduled air services or whose turnover exceeds [F38£2,600,000] per year.

Textual Amendments

Article 9U.K.Suspension and revocation of an operating licence

1.The competent licensing authority may at any time assess the financial performance of a [F39UK air carrier] which it has licensed. Based upon its assessment, the authority shall suspend or revoke the operating licence if it is no longer satisfied that this [F39UK air carrier] can meet its actual and potential obligations for a 12-month period. Nevertheless, the competent licensing authority may grant a temporary licence, not exceeding 12 months pending financial reorganisation of a [F39UK air carrier] provided that safety is not at risk, that this temporary licence reflects, when appropriate, any changes to the AOC, and that there is a realistic prospect of a satisfactory financial reconstruction within that time period.

[F40[F411a.Based on the assessments referred to in paragraph 1 carried out from 1 March 2020 to 31 December 2021, the competent licensing authority may decide before the end of that period not to suspend or revoke the operating licence of the [F42UK air carrier] provided that safety is not at risk, and that there is a realistic prospect of a satisfactory financial reconstruction within the following 12 months. It shall review the performance of this [F42UK air carrier] at the end of the 12-month period and decide whether the operating licence shall be suspended or revoked and a temporary licence shall be granted on the basis of paragraph 1.]

F431b.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F431c.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F431d.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

2.Whenever there are clear indications that financial problems exist or when insolvency or similar proceedings are opened against a [F39UK air carrier] licensed by it the competent licensing authority shall without delay make an in-depth assessment of the financial situation and on the basis of its findings review the status of the operating licence in compliance with this Article within a time period of three months.

F44...

3.When the audited accounts referred to in Article 8(4) have not been communicated within the deadline indicated in that Article, the competent licensing authority shall, without undue delay, request the [F39UK air carrier] to communicate these audited accounts.

If the audited accounts are not communicated within one month, the operating licence may be revoked or suspended.

4.The competent licensing authority shall suspend or revoke the operating licence if the [F39UK air carrier] knowingly or recklessly furnishes the competent licensing authority with false information on an important point.

5.In case a [F45UK air carrier's] AOC is suspended or withdrawn, the competent licensing authority shall immediately suspend or revoke that air carrier's operating licence.

6.The competent licensing authority may suspend or revoke the operating licence of a [F39UK air carrier] if such a carrier no longer satisfies the requirements relating to good repute set out in Article 7.

Textual Amendments

Article 10U.K.Decisions on operating licences

1.The competent licensing authority shall take a decision on an application as soon as possible, and not later than three months after all the necessary information has been submitted, taking into account all available evidence. The decision shall be communicated to the applicant. A refusal shall indicate the reasons therefor.

2.Procedures for granting, suspending and revoking operating licences shall be made public by the competent licensing [F46authority].

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Textual Amendments

Article 11U.K.Insurance requirements

Notwithstanding Regulation (EC) No 785/2004, an air carrier shall be insured to cover liability in case of accidents with respect to mail.

Article 12U.K.Registration

[F481.Aircraft used by a UK air carrier shall be registered in the United Kingdom. However, when used under a dry lease or a wet lease agreement in accordance with Article 13, such aircraft may be registered in the national register either of the United Kingdom or of another country.]

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Textual Amendments

Article 13U.K.Leasing

1.Without prejudice to Article 4(c), a [F50UK air carrier] may have one or more aircraft at its disposal through dry or wet lease agreement. [F51UK air carriers] may freely operate wet-leased aircraft registered within [F52the United Kingdom or] the Community except where this would lead to endangering safety. F53....

2.A dry lease agreement to which a [F54UK air carrier] is a party or a wet lease agreement under which the [F54UK air carrier] is the lessee of the wet-leased aircraft shall be subject to prior approval in accordance with applicable F55... law on aviation safety.

3.A [F56UK air carrier] wet leasing aircraft registered in a [F57country other than the United Kingdom or a Member State] from another undertaking shall obtain prior approval for the operation from the competent licensing authority. The competent authority may grant an approval if:

(a)the [F58UK air carrier] demonstrates to the satisfaction of the competent authority that all safety standards equivalent to those imposed by F59... national law are met; and

(b)[F60unless otherwise provided for in an international agreement on wet-leasing signed by the [F61United Kingdom] which is based on an Air Transport Agreement to which the [F61United Kingdom] is a party and which was signed before 1 January 2008, one of the following conditions is fulfilled:]

(i)

the [F62UK air carrier] justifies such leasing on the basis of exceptional needs, in which case an approval may be granted for a period of up to seven months that may be renewed once for a further period of up to seven months;

(ii)

the [F62UK air carrier] demonstrates that the leasing is necessary to satisfy seasonal capacity needs, which cannot reasonably be satisfied through leasing aircraft registered within the Community [F63or the United Kingdom], in which case the approval may be renewed; or

(iii)

the [F62UK air carrier] demonstrates that the leasing is necessary to overcome operational difficulties and it is not possible or reasonable to lease aircraft registered within the Community [F63or the United Kingdom], in which case the approval shall be of limited duration strictly necessary for overcoming the difficulties.

4.The competent authority may attach conditions to [F64an approval granted under paragraph 3]. Such conditions shall form part of the wet lease agreement.

[F65The competent authority may refuse to grant the approval if there is no reciprocity as regards wet leasing between the United Kingdom and the country where the wet-leased aircraft is registered.]

F66...

Textual Amendments

Article 14U.K.Right to be heard

The competent licensing authority shall ensure that, when adopting a decision to suspend or revoke the operating licence of a [F67UK air carrier], the [F67UK air carrier] concerned is given the opportunity of being heard, taking into account the need, in some cases, for an urgency procedure.

Textual Amendments

CHAPTER IIIU.K.ACCESS TO ROUTES

F68Article 15U.K.Provision of intra-Community air services

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Textual Amendments

Article 16U.K.General principles for public service obligations

1.[F69The Secretary of State, following consultation with the airports concerned, the Government of Gibraltar, if such an airport is located there,] and air carriers operating on the route, may impose a public service obligation in respect of scheduled air services between an airport in [F70the United Kingdom or Gibraltar and an airport serving either a peripheral or development region of the United Kingdom or Gibraltar, or on a thin route to any airport in the United Kingdom or Gibraltar,] any such route being considered vital for the economic and social development of the region which the airport serves [F71or of Gibraltar]. That obligation shall be imposed only to the extent necessary to ensure on that route the minimum provision of scheduled air services satisfying fixed standards of continuity, regularity, pricing or minimum capacity, which air carriers would not assume if they were solely considering their commercial interest.

The fixed standards imposed on the route subject to that public service obligation shall be set in a transparent and non-discriminatory way.

2.In instances where other modes of transport cannot ensure an uninterrupted service with at least two daily frequencies, the [F72Secretary of State] may include in the public service obligation the requirement that any [F73qualifying air carrier] intending to operate the route gives a guarantee that it will operate the route for a certain period, to be specified, in accordance with the other terms of the public service obligation.

3.The necessity and the adequacy of an envisaged public service obligation shall be assessed by the [F74Secretary of State] having regard to:

(a)the proportionality between the envisaged obligation and the economic development needs of the region concerned [F75or, as the case may be, Gibraltar];

(b)the possibility of having recourse to other modes of transport and the ability of such modes to meet the transport needs under consideration, in particular when existing rail services serve the envisaged route with a travel time of less than three hours and with sufficient frequencies, connections and suitable timings;

(c)the air fares and conditions which can be quoted to users;

(d)the combined effect of all air carriers operating or intending to operate on the route.

4.[F76When the Secretary of State proposes to impose a public service obligation, the Secretary of State must in writing communicate the details of the envisaged public service obligation to—

(a)the airports concerned,

(b)the Government of Gibraltar, if such an airport is located there, and

(c)any qualifying air carriers operating the route in question.]

[F77The Secretary of State must publish an information notice in the London, Edinburgh and Belfast Gazettes:]

(a)identifying the two airports connected by the route concerned and possible intermediate stop-over point(s);

(b)mentioning the date of entry into force of the public service obligation; and

(c)indicating the complete address where the text and any relevant information and/or documentation related to the public service obligation shall be made available without delay and free of charge by the [F78Secretary of State].

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6.The date of entry into force of a public service obligation shall not be earlier than the date of publication of the information notice referred to in the second subparagraph of paragraph 4.

7.When a public service obligation has been imposed in accordance with paragraphs 1 and 2 the [F80qualifying air carrier] shall be able to offer seat-only sales provided that the air service in question meets all the requirements of the public service obligation. Consequently that air service shall be considered as a scheduled air service.

8.When a public service obligation has been imposed in accordance with paragraphs 1 and 2, any other [F81qualifying air carrier] shall at any time be allowed to commence scheduled air services meeting all the requirements of the public service obligation, including the period of operation that may be required in accordance with paragraph 2.

9.Notwithstanding paragraph 8, if no [F82qualifying air carrier] has commenced or can demonstrate that it is about to commence sustainable scheduled air services on a route in accordance with the public service obligation which has been imposed on that route, the [F83Secretary of State] may limit access to the scheduled air services on that route to only one [F82qualifying air carrier] for a period of up to four years, after which the situation shall be reviewed.

F84...

10.The right to operate the services referred to in paragraph 9 shall be offered by public tender in accordance with Article 17, either singly or, in cases where justified for reasons of operational efficiency, for a group of such routes to any [F85qualifying air carrier] entitled to operate such air services. For reasons of administrative efficiency, [F86a single invitation to tender covering different routes may be issued].

11.A public service obligation shall be deemed to have expired if no scheduled air service has been operated during a period of 12 months on the route subject to such obligation.

12.In case of sudden interruption of service by the [F87qualifying air carrier] selected in accordance with Article 17, the [F88Secretary of State] may, in case of emergency, select by mutual agreement a different [F87qualifying air carrier] to operate the public service obligation for a period up to seven months, not renewable, under the following conditions:

(a)any compensation paid F89... shall be made in compliance with Article 17(8);

(b)the selection shall be made among [F90qualifying air carriers] in compliance with the principles of transparency and non-discrimination;

(c)a new call for tender shall be launched.

F91...

Textual Amendments

Article 17U.K.Public tender procedure for public service obligation

1.The public tender required in Article 16(10) shall be conducted according to the procedure set out in paragraphs 2 to 10 of this Article.

F922.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3.The invitation to tender and the subsequent contract shall cover, inter alia, the following points:

(a)the standards required by the public service obligation;

(b)rules concerning amendment and termination of the contract, in particular to take account of unforeseeable changes;

(c)the period of validity of the contract;

(d)penalties in the event of failure to comply with the contract;

(e)objective and transparent parameters on the basis of which compensation, if any, for the discharging of the public service obligations shall be calculated.

4.[F93The Secretary of State must ensure that an invitation to tender is made known through the publication of an information notice in the London, Edinburgh and Belfast Gazettes.] The deadline for submission of tenders shall not be earlier than two months after the day of publication of such an information notice. F94....

5.The information notice shall provide the following information:

F95(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)air route concerned;

(c)period of validity of the contract;

(d)complete address where the text of the invitation to tender and any relevant information and/or documentation related to the public tender and the public service obligation shall be made available F96...;

(e)deadline for submission of tenders.

6.[F97The Secretary of State] shall communicate without delay and free of charge any relevant information and documents requested by a party interested in the public tender.

7.The selection among the submissions shall be made as soon as possible taking into consideration the adequacy of the service, including the prices and conditions which can be quoted to users, and the cost of the compensation required F98..., if any.

8.[F99An air carrier which has been selected under paragraph 7 may be compensated] for adhering to the standards required by a public service obligation imposed under Article 16. Such compensation may not exceed the amount required to cover the net costs incurred in discharging each public service obligation, taking account of revenue relating thereto kept by the air carrier and a reasonable profit.

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Textual Amendments

F101Article 18U.K.Examination of public service obligations

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Textual Amendments

F101Article 19U.K.Traffic distribution between airports and exercise of traffic rights

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Textual Amendments

F101Article 20U.K.Environmental measures

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Textual Amendments

F101Article 21U.K.Emergency measures

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Textual Amendments

F101Article 21aU.K.Emergency measures linked to the COVID-19 pandemic

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Textual Amendments

CHAPTER IVU.K.PROVISIONS ON PRICING

F101Article 22U.K.Pricing freedom

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Textual Amendments

Article 23U.K.Information and non-discrimination

1.Air fares and air rates available to the general public shall include the applicable conditions when offered or published in any form, including on the Internet, for air services from an airport located in the [F102United Kingdom]. The final price to be paid shall at all times be indicated and shall include the applicable air fare or air rate as well as all applicable taxes, and charges, surcharges and fees which are unavoidable and foreseeable at the time of publication. In addition to the indication of the final price, at least the following shall be specified:

(a)air fare or air rate;

(b)taxes;

(c)airport charges; and

(d)other charges, surcharges or fees, such as those related to security or fuel;

where the items listed under (b), (c) and (d) have been added to the air fare or air rate. Optional price supplements shall be communicated in a clear, transparent and unambiguous way at the start of any booking process and their acceptance by the customer shall be on an ‘opt-in’ basis.

F1032.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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F104Article 24U.K.Penalties

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[F40CHAPTER IVaU.K. TEMPORARY RULES ON GROUNDHANDLING SERVICES

Article 24aU.K.

1.By way of derogation from [F105regulation 12(9) of the Airports (Groundhandling) Regulations 1997], contracts of or authorisations granted to suppliers of groundhandling services selected on the basis of the procedure laid down in [F106regulation 12 of those Regulations] that expire in the period from 28 May 2020 until 31 December 2021 may be prolonged until 31 December 2022.

[F1072.By way of derogation from [F108regulation 12(10) of the Airports (Groundhandling) Regulations 1997], for the period from 1 March 2020 to 31 December 2021, where a supplier of groundhandling services ceases its activity before the end of the period for which it was selected, the managing body of the airport or the [F109Civil Aviation Authority], may choose a groundhandling service provider directly to provide the services for a maximum period of six months or for a period until 31 December 2021, whichever is the longer.]

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F1104.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1105.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

CHAPTER VU.K.FINAL PROVISIONS

F111Article 25U.K.Committee

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Textual Amendments

F111Arts. 25-26 omitted (31.12.2020) by virtue of S.I. 2018/1392, Sch. 2 para. 21B (as inserted by S.I. 2020/1632, regs. 1, 2(5))

F111Article 25aU.K.Exercise of the delegation

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Textual Amendments

F111Arts. 25-26 omitted (31.12.2020) by virtue of S.I. 2018/1392, Sch. 2 para. 21B (as inserted by S.I. 2020/1632, regs. 1, 2(5))

F111Article 25bU.K. Urgency procedure

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Textual Amendments

F111Arts. 25-26 omitted (31.12.2020) by virtue of S.I. 2018/1392, Sch. 2 para. 21B (as inserted by S.I. 2020/1632, regs. 1, 2(5))

F111Article 26U.K.Cooperation and right to obtain information

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Textual Amendments

F111Arts. 25-26 omitted (31.12.2020) by virtue of S.I. 2018/1392, Sch. 2 para. 21B (as inserted by S.I. 2020/1632, regs. 1, 2(5))

Article 27U.K.Repeal

Regulations (EEC) No 2407/92, (EEC) No 2408/92 and (EEC) No 2409/92 shall be repealed.

References to the repealed Regulations shall be construed as references to this Regulation and shall be read in accordance with the correlation table in Annex II.

Article 28U.K.Entry into force

This Regulation shall enter into force on the day following its publication in the Official Journal of the European Union.

F112....

Textual Amendments

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