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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There are currently no known outstanding effects by UK legislation for Regulation (EC) No 1008/2008 of the European Parliament and of the Council, Article 9.
1.The competent licensing authority may at any time assess the financial performance of a [F1UK 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 [F1UK 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 [F1UK 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.
[F2[F31a.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 [F4UK 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 [F4UK 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.]
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2.Whenever there are clear indications that financial problems exist or when insolvency or similar proceedings are opened against a [F1UK 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.
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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 [F1UK 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 [F1UK air carrier] knowingly or recklessly furnishes the competent licensing authority with false information on an important point.
5.In case a [F7UK 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 [F1UK air carrier] if such a carrier no longer satisfies the requirements relating to good repute set out in Article 7.
Textual Amendments
F1Words in Art. 9 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. 11(2); 2020 c. 1, Sch. 5 para. 1(1)
F2Inserted by Regulation (EU) 2020/696 of the European Parliament and of the Council of 25 May 2020 amending Regulation (EC) No 1008/2008 on common rules for the operation of air services in the Community in view of the COVID-19 pandemic (Text with EEA relevance).
F3Substituted by Commission Delegated Regulation (EU) 2020/2115 of 16 December 2020 amending Regulation (EC) No 1008/2008 of the European Parliament and of the Council as regards the temporary extension of exceptional measures to address the consequences of the COVID-19 pandemic with regard to operating licences (Text with EEA relevance).
F4Words in Art. 9(1a) 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. 11(2A) (as inserted by S.I. 2020/1632, regs. 1, 2(3))
F5Art. 9(1b)-(1d) 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. 11(2B) (as inserted by S.I. 2020/1632, regs. 1, 2(3))
F6Words in Art. 9(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. 11(3); 2020 c. 1, Sch. 5 para. 1(1)
F7Words in Art. 9(5) 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. 11(4); 2020 c. 1, Sch. 5 para. 1(1)
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