The Air Navigation Order 1989

Permissions for inter-regional scheduled air services within the European Community

90.—(1) Subject to paragraph (3) of this article the Secretary of State shall grant permission pursuant to article 88 to the operator of an aircraft (where such permission is required) so as to authorise an inter-regional air service within the meaning of Council Directive 83/416/EEC(1) as amended by Council Directives 86/216/EEC(2) and 89/463/EEC(3) where the operator is an air carrier within the meaning of that Directive and pursuant to the Directive the United Kingdom is obliged to authorise him to operate Such a service.

(2) Any such permission may contain conditions, but these may not be such as to give the operator a lesser authorisation than that to which he is entitled under article 5 of the Directive and may not entitle the Authority to disapprove the tariffs charged by the operator if the conditions set out in article 7 of the Directive are met.

(3) The Secretary of State may refuse to grant such a permission on any of the grounds set out in article 6 of the Directive.

(4) A decision of the Secretary of State to grant or to refuse to grant such a permission shall be notified to the Member State which forwards the application for the said permission and to the European Commission within 3 months of his receipt of that application. The reasons for any refusal to grant such a permission shall be provided in writing upon request made by that State or by the European Commission.

(1)

OJ No. L237 of 26th August 1983, page 19.

(2)

OJ No. L152 of 6th June 1986, page 47.

(3)

OJ No. L226 of 3rd August 1989, page 14.