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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 IIU.K.OPERATING LICENCE

Article 3U.K.Operating licence

1.No undertaking [F1which has its principal place of business] in the [F2United 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 [F3national 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 F4... provided that:

(a)

its principal place of business is located in [F5the United Kingdom];

(b)

[F6it holds a valid AOC issued [F7by 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)

F8...

(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 [F9£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 [F10£2,600,000] per year.

Textual Amendments

[F6Article 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 [F11UK air carrier] shall be reflected, where appropriate, in its operating licence.

F12...

F133.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F133a.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

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 [F14UK nationals] the production of documents issued by the competent authorities in the [F15UK] showing that those requirements are met.

2.Where the [F16country] of origin or the [F16country] 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 [F17countries] 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 [F16country] of origin or the [F16country] 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 [F18UK air carrier] complies with the requirements of this Chapter.

A [F18UK 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 [F19Secretary of State].

F20....

3.The operating licence shall be resubmitted for approval when a [F21UK 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 [F21UK 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 [F21UK 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 [F21UK air carrier] to which it has granted an operating licence by requesting the relevant information. As part of such an assessment, the [F21UK 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 [F21UK 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 [F21UK 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 [F21UK 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 [F21UK 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 [F22UK 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 [F23UK air carrier] and, in particular, in the case of a merger or takeover.

8.Paragraphs 4, 5 and 6 shall not apply to [F24UK air carriers] exclusively engaged in operations with aircraft of less than 10 tonnes MTOM and/or less than 20 seats. Such [F24UK air carriers] shall at all times be able to demonstrate that their net capital is at least [F25£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 [F24UK air carriers] licensed by it that operate scheduled air services or whose turnover exceeds [F26£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 [F27UK 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 [F27UK 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 [F27UK 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.

[F28[F291a.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 [F30UK 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 [F30UK 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.]

F311b.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F311c.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F311d.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

2.Whenever there are clear indications that financial problems exist or when insolvency or similar proceedings are opened against a [F27UK 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.

F32...

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 [F27UK 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 [F27UK air carrier] knowingly or recklessly furnishes the competent licensing authority with false information on an important point.

5.In case a [F33UK 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 [F27UK 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 [F34authority].

F353.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

[F361.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.]

F372.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Article 13U.K.Leasing

1.Without prejudice to Article 4(c), a [F38UK air carrier] may have one or more aircraft at its disposal through dry or wet lease agreement. [F39UK air carriers] may freely operate wet-leased aircraft registered within [F40the United Kingdom or] the Community except where this would lead to endangering safety. F41....

2.A dry lease agreement to which a [F42UK air carrier] is a party or a wet lease agreement under which the [F42UK air carrier] is the lessee of the wet-leased aircraft shall be subject to prior approval in accordance with applicable F43... law on aviation safety.

3.A [F44UK air carrier] wet leasing aircraft registered in a [F45country 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 [F46UK air carrier] demonstrates to the satisfaction of the competent authority that all safety standards equivalent to those imposed by F47... national law are met; and

(b)[F48unless otherwise provided for in an international agreement on wet-leasing signed by the [F49United Kingdom] which is based on an Air Transport Agreement to which the [F49United Kingdom] is a party and which was signed before 1 January 2008, one of the following conditions is fulfilled:]

(i)

the [F50UK 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 [F50UK 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 [F51or the United Kingdom], in which case the approval may be renewed; or

(iii)

the [F50UK 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 [F51or 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 [F52an approval granted under paragraph 3]. Such conditions shall form part of the wet lease agreement.

[F53The 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.]

F54...

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 [F55UK air carrier], the [F55UK air carrier] concerned is given the opportunity of being heard, taking into account the need, in some cases, for an urgency procedure.

Textual Amendments

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