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Regulation (EU) 2019/712 of the European Parliament and of the CouncilShow full title
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
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Changes over time for: Article 5
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Article 5U.K.The investigation
1.Following the initiation of proceedings, the [F1CAA] shall begin an investigation.
2.The investigation shall aim to determine whether a practice distorting competition, adopted by a third country or a third-country entity, has caused injury or threat of injury to the [F2United Kingdom] air carriers concerned.
3.Where, during the course of the investigation referred to in paragraph 2 of this Article, the [F3CAA] finds evidence that a practice might lead to a negative impact on air connectivity of a particular region [F4of the United Kingdom], and thus to passengers, that evidence shall be taken into account in the determination of the [F2United Kingdom] interest as referred to in Article 3.
4.The [F5CAA] shall seek all the information it considers to be necessary in order to conduct the investigation and shall verify the accuracy of the information it has received or collected with the [F2United Kingdom] air carriers concerned, or with the third country, an interested party, or the third-country entity concerned.
5.Where the information submitted pursuant to paragraph 4 is incomplete, it shall be taken into account, provided that it is neither false nor misleading.
6.If evidence or information is not accepted, the supplying party shall be informed immediately of the reasons thereof, and shall be granted an opportunity to provide further explanations within a specified time limit.
[F67.If the CAA requires information in the course of its investigation which it is unable to access or receive, the CAA may request the support of the Secretary of State in accessing this information. The CAA may request the Secretary of State to contribute to relevant verification and analyses.]
8.If it appears necessary, the [F7CAA] may carry out investigations in the territory of a third country, provided that the third-country entity concerned has given its consent and the government of the third country has been officially notified and has not raised any objection.
9.Parties which have made themselves known within the time limits set out in the notice of initiation, shall be heard if they have made a request for a hearing showing that they are an interested party.
10.Complainants, interested partiesF8... and the representatives of the third country or third-country entity concerned may consult all information made available to the [F9CAA or the Secretary of State], except for internal documents that are for the use of the [F10CAA] and the [F11Secretary of State], provided that such information is not confidential within the meaning of Article 8 and provided that they have addressed a request in writing to the [F10CAA].
Textual Amendments
F1Word in Art. 5(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(6)(b); 2020 c. 1, Sch. 5 para. 1(1)
F2Words in Art. 5 substituted (31.12.2020) by The Air Services (Competition) (Amendment and Revocation) (EU Exit) Regulations 2019 (S.I. 2019/1224), regs. 1(2), 3(6)(a); 2020 c. 1, Sch. 5 para. 1(1)
F3Word in Art. 5(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(6)(c)(i); 2020 c. 1, Sch. 5 para. 1(1)
F4Words in Art. 5(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(6)(c)(ii); 2020 c. 1, Sch. 5 para. 1(1)
F5Word in Art. 5(4) substituted (31.12.2020) by The Air Services (Competition) (Amendment and Revocation) (EU Exit) Regulations 2019 (S.I. 2019/1224), regs. 1(2), 3(6)(d); 2020 c. 1, Sch. 5 para. 1(1)
F6Art. 5(7) substituted (31.12.2020) by The Air Services (Competition) (Amendment and Revocation) (EU Exit) Regulations 2019 (S.I. 2019/1224), regs. 1(2), 3(6)(e); 2020 c. 1, Sch. 5 para. 1(1)
F7Word in Art. 5(8) substituted (31.12.2020) by The Air Services (Competition) (Amendment and Revocation) (EU Exit) Regulations 2019 (S.I. 2019/1224), regs. 1(2), 3(6)(f); 2020 c. 1, Sch. 5 para. 1(1)
F8Words in Art. 5(10) 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(6)(g)(i); 2020 c. 1, Sch. 5 para. 1(1)
F9Words in Art. 5(10) substituted (31.12.2020) by The Air Services (Competition) (Amendment and Revocation) (EU Exit) Regulations 2019 (S.I. 2019/1224), regs. 1(2), 3(6)(g)(ii); 2020 c. 1, Sch. 5 para. 1(1)
F10Word in Art. 5(10) substituted (31.12.2020) by The Air Services (Competition) (Amendment and Revocation) (EU Exit) Regulations 2019 (S.I. 2019/1224), regs. 1(2), 3(6)(g)(iii); 2020 c. 1, Sch. 5 para. 1(1)
F11Words in Art. 5(10) substituted (31.12.2020) by The Air Services (Competition) (Amendment and Revocation) (EU Exit) Regulations 2019 (S.I. 2019/1224), regs. 1(2), 3(6)(g)(iv); 2020 c. 1, Sch. 5 para. 1(1)
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