Regulation (EU) 2019/502 of the European Parliament and of the CouncilShow full title

Article 7 U.K. Treatment of operating licences in view of ownership and control requirements

1. By way of derogation from Article 8 of Regulation (EC) No 1008/2008, where an air carrier holding an operating licence issued by a Member State other than the United Kingdom ceases to comply with the requirements set out in point (f) of Article 4 of that Regulation (‘ownership and control requirements’) due to the withdrawal of the United Kingdom from the Union, failure to comply with those requirements shall not affect the validity of the operating licence until the end of a period of six months from the first day of application set out in the first subparagraph of Article 16(2) of this Regulation, provided that the conditions set out in paragraphs 2 to 5 of this Article are fulfilled.

2. Within two weeks from the entry into force of this Regulation, the air carrier shall present a plan for remedial action to the competent licensing authority. That plan shall set out, in a complete and precise manner, the measures intended to achieve full compliance with the ownership and control requirements at the latest on the first day following the period referred to in paragraph 1 of this Article. Where the air carrier has not presented a plan within the time limit, the competent licensing authority shall, after having given the air carrier concerned the opportunity to make its views known, revoke the operating licence immediately, but at the earliest from the date referred to in the first subparagraph of Article 16(2), and inform the Commission thereof. Such revocation shall be effective two weeks after the decision of the licensing authority, but at the earliest from the date referred to in Article 16(2). The competent licensing authority shall notify its decision to the air carrier and inform the Commission.

3. Where the air carrier concerned has presented a plan for remedial action within the time limit referred to in paragraph 2, the competent licensing authority shall, within two months from the reception of the plan, assess whether the measures set out therein would result in full compliance with the ownership and control requirements at the latest on the first day following the period referred to in paragraph 1, and whether it appears likely that the air carrier will complete the measures by that date. The competent licensing authority shall inform the air carrier and the Commission of its assessment.

4. Where the competent licensing authority, after having given the air carrier concerned the opportunity to make its views known, finds that the measures set out in the plan would not result in full compliance with the ownership and control requirements at the latest on the first day following the period referred to in paragraph 1, or where it appears unlikely that the air carrier concerned will complete the measures by that date, it may immediately revoke the operating licence. Such revocation shall be effective two weeks after the decision of the licensing authority. The competent licensing authority shall notify its decision to the air carrier and inform the Commission.

5. Where the competent licensing authority finds that the measures set out in the plan would result in full compliance with the ownership and control requirements at the latest on the first day following the period referred to in paragraph 1, and where it appears likely for the air carrier to complete those measures by that date, it shall closely and continuously monitor the implementation of the plan and regularly inform the Commission of its findings.

6. By the end of the period referred to in paragraph 1, the competent licensing authority shall decide if the air carrier fully complies with the ownership and control requirements. If the competent licensing authority, after having given the air carrier concerned the opportunity to make its views known, decides that the air carrier does not fully comply with the ownership and control requirements, it shall revoke the operating licence as from the first day following the period referred to in paragraph 1.

7. Where, after having given the competent licensing authority and the air carrier concerned the opportunity to make their views known, the Commission finds that the competent licensing authority has failed to revoke the relevant operating licence, where such revocation is required under paragraph 2 or paragraph 6 of this Article, the Commission shall, in accordance with the second subparagraph of Article 15(3) of Regulation (EC) No 1008/2008, request the competent licensing authority to revoke the operating licence. The third and fourth subparagraphs of Article 15(3) of that Regulation shall apply.

8. This Article is without prejudice to the application of any other provision set out in Regulation (EC) No 1008/2008.