Commission Regulation (EU) No 452/2014Show full title

ART.235 Limitation, suspension and revocation of authorisations

(a)

Without prejudice to any additional enforcement measures, the [F1 CAA] shall take action to limit or suspend the authorisation in case of:

(1)

a level 1 finding;

(2)

verifiable evidence that the State of operator or State of registry, as applicable, is not capable to certify and oversee the operator and/or aircraft in accordance with the applicable ICAO standard; or

(3)

the third country operator being subject to [F2 an operating ban under any relevant enactment].

(b)

An authorisation shall be suspended for a maximum period of 6 months. At the end of the 6-month period the [F3 CAA] may extend the suspension period for an additional 3 months.

(c)

The limitation or suspension shall be lifted when the [F3 CAA] is satisfied that successful corrective action has been taken by the third country operator and/or the State of the operator.

(d)

In considering the lifting of a suspension the [F3 CAA] shall conduct an audit of the third country operator when the conditions in ART.205(c) are met. In case the suspension is due to major deficiencies in the oversight of the applicant by the State of the operator or State of registry, as applicable, the audit may include an assessment with the aim to verify if these oversight deficiencies have been corrected.

(e)

The [F4 CAA] shall revoke the authorisation when:

(1)

the period referred to in (b) has expired; or

(2)

the third country operator becomes subject to an operating ban [F5 under any relevant enactment].

(f)

If following a limitation referred to in (a) an operational restriction is imposed on the third country operator in accordance with [F6 any relevant enactment, the CAA] shall maintain such limitation until the operational restriction has been withdrawn.