PART 7Appeals

Effect of appeals67

1

Subject to paragraphs (2) and (3), the bringing of an appeal under article 65 suspends the effect of the decision pending the final determination or withdrawal of the appeal.

2

The bringing of an appeal does not suspend the effect of—

a

a decision refusing an application,

b

a deemed refusal of an application, or

c

a notice under—

i

article 26(2) (modification of an Emissions Monitoring Plan), or

ii

article 52(1) (enforcement notices).

3

Where an Emissions Monitoring Plan has been approved under article 24, the bringing of an appeal against the conditions included in the plan does not suspend the effect of those conditions.

4

The bringing of an appeal against an estimation of aviation emissions under article 37(6) suspends the effect of the decision only for the purpose of assessing whether there has been compliance with that article.