CHAPTER IIU.K.OPERATING LICENCE

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

(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