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)

Changes over time for: Article 13

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Article 13U.K.Leasing

1.Without prejudice to Article 4(c), a [F1UK air carrier] may have one or more aircraft at its disposal through dry or wet lease agreement. [F2UK air carriers] may freely operate wet-leased aircraft registered within [F3the United Kingdom or] the Community except where this would lead to endangering safety. F4....

2.A dry lease agreement to which a [F5UK air carrier] is a party or a wet lease agreement under which the [F5UK air carrier] is the lessee of the wet-leased aircraft shall be subject to prior approval in accordance with applicable F6... law on aviation safety.

3.A [F7UK air carrier] wet leasing aircraft registered in a [F8country 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 [F9UK air carrier] demonstrates to the satisfaction of the competent authority that all safety standards equivalent to those imposed by F10... national law are met; and

(b)[F11unless otherwise provided for in an international agreement on wet-leasing signed by the [F12United Kingdom] which is based on an Air Transport Agreement to which the [F12United Kingdom] is a party and which was signed before 1 January 2008, one of the following conditions is fulfilled:]

(i)

the [F13UK 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 [F13UK 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 [F14or the United Kingdom], in which case the approval may be renewed; or

(iii)

the [F13UK 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 [F14or 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 [F15an approval granted under paragraph 3]. Such conditions shall form part of the wet lease agreement.

[F16The 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.]

F17...

Textual Amendments

F1Words in Art. 13(1) 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. 14(2)(a); 2020 c. 1, Sch. 5 para. 1(1)

F2Words in Art. 13(1) 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. 14(2)(b); 2020 c. 1, Sch. 5 para. 1(1)

F3Words in Art. 13(1) inserted (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. 14(2)(c); 2020 c. 1, Sch. 5 para. 1(1)

F4Words in Art. 13(1) 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. 14(2)(d); 2020 c. 1, Sch. 5 para. 1(1)

F5Words in Art. 13(2) 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. 14(3)(a); 2020 c. 1, Sch. 5 para. 1(1)

F6Words in Art. 13(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. 14(3)(b); 2020 c. 1, Sch. 5 para. 1(1)

F7Words in Art. 13(3) 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. 14(4)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)

F8Words in Art. 13(3) 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. 14(4)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F9Words in Art. 13(3)(a) 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. 14(4)(b)(i); 2020 c. 1, Sch. 5 para. 1(1)

F10Words in Art. 13(3)(a) 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. 14(4)(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)