Regulation (EU) 2019/712 of the European Parliament and of the Council of 17 April 2019 on safeguarding competition in air transport, and repealing Regulation (EC) No 868/2004 (c. 712)

CHAPTER III U.K. PRACTICES DISTORTING COMPETITION

Article 13 U.K. Termination without redressive measures

1. The [F1 CAA] shall terminate the investigation without [F2 recommending that redressive measures be] adopted where the complaint is withdrawn, unless the [F1 CAA] continues the investigation on its own initiative.

2. The [F3 CAA] shall [F4 terminate] the investigation conducted in accordance with Article 5 without [F5 recommending] redressive measures where:

(a) the [F3 CAA] concludes that any of the following is not established:

(i)

the existence of a practice distorting competition, adopted by a third country or a third-country entity;

(ii)

the existence of injury or threat of injury to the [F6 United Kingdom] air carriers concerned;

(iii)

the existence of a causal link between the injury or threat of injury and the practice considered;

(b) [F7 after consultation between the CAA and the Secretary of State, the Secretary of State] concludes that adopting redressive measures in accordance with Article 14 would be against the [F6 United Kingdom] interest;

(c) the third country or third-country entity concerned has eliminated the practice distorting competition; or

(d) the third country or third-country entity concerned has eliminated the injury or threat of injury to the [F6 United Kingdom] air carriers concerned.

F8 ...

3. The decision to terminate the investigation in accordance with paragraph 2 shall be accompanied by a statement of the reasons thereof and shall be published in the [F9 CAA’s Official Record].

Textual Amendments

F1 Word in Art. 13(1) substituted (31.12.2020) by The Air Services (Competition) (Amendment and Revocation) (EU Exit) Regulations 2019 (S.I. 2019/1224), regs. 1(2), 3(14)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)

F2 Words in Art. 13(1) substituted (31.12.2020) by The Air Services (Competition) (Amendment and Revocation) (EU Exit) Regulations 2019 (S.I. 2019/1224), regs. 1(2), 3(14)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F3 Word in Art. 13(2) substituted (31.12.2020) by The Air Services (Competition) (Amendment and Revocation) (EU Exit) Regulations 2019 (S.I. 2019/1224), regs. 1(2), 3(14)(b)(i); 2020 c. 1, Sch. 5 para. 1(1)

F4 Word in Art. 13(2) substituted (31.12.2020) by The Air Services (Competition) (Amendment and Revocation) (EU Exit) Regulations 2019 (S.I. 2019/1224), regs. 1(2), 3(14)(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F5 Word in Art. 13(2) substituted (31.12.2020) by The Air Services (Competition) (Amendment and Revocation) (EU Exit) Regulations 2019 (S.I. 2019/1224), regs. 1(2), 3(14)(b)(iii); 2020 c. 1, Sch. 5 para. 1(1)

F6 Words in Art. 13(2) substituted (31.12.2020) by The Air Services (Competition) (Amendment and Revocation) (EU Exit) Regulations 2019 (S.I. 2019/1224), regs. 1(2), 3(14)(b)(iv); 2020 c. 1, Sch. 5 para. 1(1)

F7 Words in Art. 13(2)(b) substituted (31.12.2020) by The Air Services (Competition) (Amendment and Revocation) (EU Exit) Regulations 2019 (S.I. 2019/1224), regs. 1(2), 3(14)(b)(v); 2020 c. 1, Sch. 5 para. 1(1)

F8 Words in Art. 13(2) omitted (31.12.2020) by virtue of The Air Services (Competition) (Amendment and Revocation) (EU Exit) Regulations 2019 (S.I. 2019/1224), regs. 1(2), 3(14)(b)(vi); 2020 c. 1, Sch. 5 para. 1(1)

F9 Words in Art. 13(3) substituted (31.12.2020) by The Air Services (Competition) (Amendment and Revocation) (EU Exit) Regulations 2019 (S.I. 2019/1224), regs. 1(2), 3(14)(c); 2020 c. 1, Sch. 5 para. 1(1)