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Regulation (EC) No 1008/2008 of the European Parliament and of the CouncilShow full title
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 Community (Recast) (Text with EEA relevance)
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Revised version PDFs
- Revised 18/12/20200.38 MB
- Revised 28/05/20200.36 MB
- Revised 03/02/20190.30 MB
- Revised 11/09/20180.30 MB
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Changes over time for: Article 4
Changes to legislation:
There are outstanding changes not yet made to Regulation (EC) No 1008/2008 of the European Parliament and of the Council. Any changes that have already been made to the legislation appear in the content and are referenced with annotations.
Changes to Legislation
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Changes and effects yet to be applied to Article 4:
- Regulation revoked by S.I. 2018/1392 reg. 7
- Regulation title amended by S.I. 2018/1392 Sch. 2 para. 2
- Art. 4 words omitted by S.I. 2018/1392 Sch. 2 para. 6(a)
Changes and effects yet to be applied to the whole legislation item and associated provisions
- Signature words omitted by S.I. 2018/1392 Sch. 2 para. 22
- Art. 2(2) words substituted by S.I. 2018/1392 Sch. 2 para. 4(2)
- Art. 2(7) words omitted by S.I. 2018/1392 Sch. 2 para. 4(3)
- Art. 2(8) words omitted by S.I. 2018/1392 Sch. 2 para. 4(4)
- Art. 2(11) words substituted by S.I. 2018/1392 Sch. 2 para. 4(5)(a)
- Art. 2(11) words substituted by S.I. 2018/1392 Sch. 2 para. 4(5)(b)
- Art. 2(11A) inserted by S.I. 2018/1392 Sch. 2 para. 4(6)
- Art. 2(13)(14) omitted by S.I. 2018/1392 Sch. 2 para. 4(7)
- Art. 2(18)(19) words omitted by S.I. 2018/1392 Sch. 2 para. 4(8)
- Art. 2(20)-(22) omitted by S.I. 2018/1392 Sch. 2 para. 4(9)
- Art. 2(26) substituted by S.I. 2018/1392 Sch. 2 para. 4(10)
- Art. 4(a) words substituted by S.I. 2018/1392 Sch. 2 para. 6(b)
- Art. 4(b) words substituted by S.I. 2018/1392 Sch. 2 para. 6(c)
- Art. 4(f) omitted by S.I. 2018/1392 Sch. 2 para. 6(d)
- Art. 13(3)(a) words omitted by S.I. 2018/1392 Sch. 2 para. 14(4)(b)(ii)
- Art. 13(3)(a) words substituted by S.I. 2018/1392 Sch. 2 para. 14(4)(b)(i)
- Art. 13(3)(b) words inserted by S.I. 2018/1392 Sch. 2 para. 14(4)(c)(ii)
- Art. 13(3)(b) words substituted by S.I. 2018/1392 Sch. 2 para. 14(4)(c)(i)
- Art. 13(3)(b) words substituted by S.I. 2018/1392, Sch. 2 para. 14(4)(c)(zi) (as inserted) by S.I. 2019/687 reg. 5(4)
- Art. 16(3)(a) words inserted by S.I. 2018/1392 Sch. 2 para. 17(4)(b)
- Art. 16(4)(c) words substituted by S.I. 2018/1392 Sch. 2 para. 17(5)(b)(ii)
- Art. 16(12)(a) words omitted by S.I. 2018/1392 Sch. 2 para. 17(10)(c)
- Art. 16(12)(b) words substituted by S.I. 2018/1392 Sch. 2 para. 17(10)(d)
- Art. 17(5)(a) omitted by S.I. 2018/1392 Sch. 2 para. 18(4)(a)
- Art. 17(5)(d) words omitted by S.I. 2018/1392 Sch. 2 para. 18(4)(b)
Article 4U.K.Conditions for granting an operating licence
An undertaking shall be granted an operating licence by the competent licensing authority of a Member State provided that:
(a)
its principal place of business is located in that Member State;
(b)
[F1it holds a valid AOC issued in accordance with Regulation (EU) 2018/1139 of the European Parliament and of the Council (1) either by a national authority of a Member State, by several national authorities of Member States acting jointly in accordance with Article 62(5) of that Regulation or by the European Union Aviation Safety Agency;]
(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)
Member States and/or nationals of Member States own more than 50 % of the undertaking and effectively control it, whether directly or indirectly through one or more intermediate undertakings, except as provided for in an agreement with a third country to which the Community is a party;
(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
F1 Substituted by Regulation (EU) 2018/1139 of the European Parliament and of the Council of 4 July 2018 on common rules in the field of civil aviation and establishing a European Union Aviation Safety Agency, and amending Regulations (EC) No 2111/2005, (EC) No 1008/2008, (EU) No 996/2010, (EU) No 376/2014 and Directives 2014/30/EU and 2014/53/EU of the European Parliament and of the Council, and repealing Regulations (EC) No 552/2004 and (EC) No 216/2008 of the European Parliament and of the Council and Council Regulation (EEC) No 3922/91 (Text with EEA relevance).
(1)
[F1Regulation (EU) 2018/1139 of the European Parliament and of the Council of 4 July 2018 on common rules in the field of civil aviation and establishing a European Union Aviation Safety Agency, and amending Regulations (EC) No 2111/2005, (EC) No 1008/2008, (EU) No 996/2010, (EU) No 376/2014 and Directives 2014/30/EU and 2014/53/EU of the European Parliament and of the Council, and repealing Regulations (EC) No 552/2004 and (EC) No 216/2008 of the European Parliament and of the Council and Council Regulation (EEC) No 3922/91 ( OJ L 212, 22.8.2018, p. 1 ).]
Textual Amendments
F1 Substituted by Regulation (EU) 2018/1139 of the European Parliament and of the Council of 4 July 2018 on common rules in the field of civil aviation and establishing a European Union Aviation Safety Agency, and amending Regulations (EC) No 2111/2005, (EC) No 1008/2008, (EU) No 996/2010, (EU) No 376/2014 and Directives 2014/30/EU and 2014/53/EU of the European Parliament and of the Council, and repealing Regulations (EC) No 552/2004 and (EC) No 216/2008 of the European Parliament and of the Council and Council Regulation (EEC) No 3922/91 (Text with EEA relevance).
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