The Air Navigation Order 1989

Tariffs for scheduled air services between Member States of the European Community

91.—(1) Paragraph (2) of this article applies where, in accordance with the conditions of a permission granted by the Secretary of State pursuant to article 88, the operator of an aircraft may only charge approved tariffs on a route between the United Kingdom and another Member State of the European Community and the United Kingdom is under any obligation in relation to the approval of such a tariff pursuant to Council Directive 87/601/EEC(1).

(2) Where this paragraph applies, the Authority shall upon receipt of an application for the approval of a tariff approve that tariff if the tariff satisfies the criteria established by article 3 of the Directive, shall observe the procedures established by article 4 of the Directive, and shall approve a tariff falling within a zone of flexibility, or the additional flexibility, as described in article 5 of the Directive if required by that article.

(3) The requirement in paragraph (2) to observe the procedures established by article 4 of the Directive or to approve a tariff falling within a zone of flexibility, or additional flexibility, as described in article 5 of the Directive does not apply in any case where the United Kingdom Government has agreed more flexible arrangements with the Government of the other Member State concerned either as to the procedures to be adopted for the approval of tariffs in relation to air services between the United Kingdom and that Member State or, as the case may be, as to the circumstances in which discounted tariffs will be permitted on such services, and is operating those arrangements.

(4) Where a tariff to which paragraph (2) applies has not been approved by the Authority the Secretary of State shall notify the other Member State concerned and if required to do so shall adopt the consultation and arbitration procedure prescribed in article 7 of the Directive; the aircraft operator may charge the relevant existing tariff (notwithstanding any condition in its permission to the contrary) for so long as that procedure is still being implemented and where following that procedure the European Commission confirms an arbitration award that a tariff may be charged, or is deemed to have confirmed the award, the tariff shall be treated as an approved tariff.

(1)

OJ No. L374 of 31st December 1987, page 12.