Regulation (EC) No 2111/2005 of the European Parliament and of the Council of  14 December 2005  on the establishment of a Community list of air carriers subject to an operating ban within the Community and on informing air transport passengers of the identity of the operating air carrier, and repealing Article 9 of Directive 2004/36/EC   (Text with EEA relevance)
Date: 2005-12-14
Institutions: Council of the European Union, European Parliament
Subjects: accident prevention, air safety, air transport, code of conduct, consumer information, transport accident, transport company, transport regulations, transport user

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REGULATION (EC) No 2111/2005 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 14 December 2005

on the establishment of a Community list of air carriers subject to an operating ban within the
Community and on informing air transport passengers of the identity of the operating air carrier, and
repealing Article 9 of Directive 2004/36/EC

(Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EURO-
PEAN UNION,

(6)

Having regard to the Treaty establishing the European Commu-
nity, and in particular Article 80(2) thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Economic and
Social Committee (1),

After consulting the Committee of the Regions,

Acting in accordance with the procedure laid down in Article 251
of the Treaty (2),

Whereas:

The procedure for updating the Community list should
allow for decisions to be taken swiftly, in order to provide
adequate and up-to-date safety information to air passen-
gers and to guarantee that air carriers that have remedied
safety deficiencies are taken off the list as soon as possible.
At the same time, the procedures should respect the air
carrier’s rights of defence and should be without prejudice
to international agreements and conventions to which the
Member States or the Community are parties, in particular
the 1944 Chicago Convention on International Civil Avia-
tion. The implementing measures on matters of procedure,
to be adopted by the Commission, should notably cater for
these requirements.

(1)

(2)

(3)

(4)

(5)

Action by the Community in the field of air transport
should aim, as a priority, at ensuring a high level of pro-
tection for passengers from safety risks. Moreover, full
account should be taken of the requirements of consumer
protection in general.

(7) When an operating ban has been imposed on an air car-
rier, appropriate action should be taken with a view to
assisting that air carrier in remedying the deficiencies that
gave rise to that ban.

A Community list of air carriers that do not meet relevant
safety requirements should be brought to the notice of pas-
sengers so as to ensure the utmost transparency. This
Community list should be based on common criteria
drawn up at Community level.

(8)

Air carriers included in the Community list should be sub-
ject to an operating ban. The operating bans included in
the Community list should apply throughout the territory
of the Member States to which the Treaty applies.

Air carriers that do not enjoy traffic rights in one or more
of the Member States may nonetheless fly to and from the
Community when their aircraft, with or without crew, are
leased by companies that do enjoy such rights. Provision
should be made for an operating ban included in the Com-
munity list to apply equally to such air carriers, since these
air carriers could otherwise operate in the Community
while not complying with the relevant safety standards.

An air carrier which is subject to an operating ban could
be permitted to exercise traffic rights by using wet-leased
aircraft of an air carrier which is not subject to an operat-
ing ban, provided that the relevant safety standards are
complied with.

In exceptional cases, Member States should be allowed to
take unilateral measures. In cases of urgency and when
confronted with an unforeseen safety problem, Member
States should have the possibility to impose immediately
an operating ban in respect of their own territory. More-
over, where the Commission has decided not to include an
air carrier in the Community list, Member States should
also be able to impose or maintain an operating ban in
view of a safety problem which does not exist in the other
Member States. Member States should make restrictive
application of these possibilities, taking account of the
Community interest and with a view to presenting a com-
mon approach in respect of aviation safety. This should be
without prejudice to Article 8 of Council Regulation (EEC)
No 3922/91 of 16 December 1991 on the harmonisation
of technical requirements and administrative procedures in
the field of civil aviation (3) and to Article 10 of Regula-
tion (EC) No 1592/2002 of the European Parliament and
of the Council of 15 July 2002 on common rules in the
field of civil aviation and establishing a European Aviation
Safety Agency (4).

(1) Opinion of 28 September 2005 (not yet published in the Official

Journal).

(2) Opinion of the European Parliament of 16 November 2005 (not yet
published in the Official Journal) and Council Decision of 5 Decem-
ber 2005.

(3) OJ L 373, 31.12.1991, p. 4. Regulation as last amended by Commis-
sion Regulation (EC) No 2871/2000 (OJ L 333, 29.12.2000, p. 47).
(4) OJ L 240, 7.9.2002, p. 1. Regulation as last amended by Commission

Regulation (EC) No 1701/2003 (OJ L 243, 27.9.2003, p. 5).

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(9)

Information on the safety of air carriers should be pub-
lished in an effective manner, such as through use of the
Internet.

(10)

(11)

(12)

(13)

(14)

In order for the competitive framework in air transport to
yield the greatest possible benefits for companies and pas-
sengers, it is important that consumers receive the neces-
sary information to be able to make informed choices.

The identity of the air carrier or carriers actually operating
the flight is an essential piece of information. However,
consumers concluding a contract of carriage, which could
comprise both an outward and a return flight, are not
always informed about the identity of the air carrier or car-
riers actually operating the flight or flights concerned.

Council Directive 90/314/EEC of 13 June 1990 on pack-
age travel, package holidays and package tours (1) requires
certain information to be made available to consumers, but
that information does not include the identity of the oper-
ating air carrier.

Council Regulation (EEC) No 2299/89 of 24 July 1989 on
a code of conduct for computer reservation systems
(CRS) (2) entitles consumers booking a flight via a com-
puter reservation system to be informed of the identity of
the operating air carrier. Nevertheless, even in scheduled
air transport, industry practices exist, such as wet leasing,
or code sharing if booked without a CRS, where the air car-
rier which has sold the flight under its name does not actu-
ally operate it and where there is currently no legal right
for the passenger to be informed of the identity of the air
carrier actually performing the service.

These practices increase flexibility and allow a better pro-
vision of services to passengers. Moreover, a certain num-
ber of last-minute changes,
in particular for technical
reasons, is unavoidable and contributes to the safety of air
transport. This flexibility should, however, be balanced by
verification that the companies actually operating the
flights meet safety requirements and by transparency for
consumers in order to guarantee them the right of making
an informed choice. A fair balance between the commer-
cial viability of air carriers and passenger access to infor-
mation should be sought.

(15) Air carriers should pursue a policy of transparency vis-à-
vis passengers regarding safety-related information. Pub-
lishing such information should contribute to passenger
awareness of the reliability of air carriers in safety terms.

(16) Air carriers are responsible for reporting safety deficiencies
to the national air safety authorities as well as for address-
ing such deficiencies without delay. Air and ground crew
are expected to take appropriate action when safety defi-
ciencies are apparent to them. It would be contrary to the
interests of aviation safety if staff were to be penalised for
doing so, as follows from Article 8(4) of Directive
2003/42/EC of the European Parliament and of the Coun-
cil of 13 June 2003 on occurrence reporting in civil
aviation (3).

(17)

(18)

(19)

In addition to the situations covered by Regulation (EC)
No 261/2004 of the European Parliament and of the Coun-
cil of 11 February 2004 establishing common rules on
compensation and assistance to passengers in the event of
denied boarding and of cancellation or long delay of
flights (4), passengers should be offered the right to reim-
bursement or to re-routing in certain specific other situa-
tions falling within the scope of this Regulation, if there is
a sufficiently close connection with the Community.

In addition to the rules set out in this Regulation, the impli-
cations of changes to the identity of the operating carrier
for the performance of the contract of carriage should be
governed by the laws of the Member States applicable
to contracts and by relevant Community law, in particular
Council Directives 90/314/EEC and 93/13/EEC of 5 April
1993 on unfair terms in consumer contracts (5).

This Regulation is part of a legislative process pursuing an
efficient and coherent approach to reinforcing air safety in
the Community, in which the European Aviation Safety
Agency plays an important role. With an extension of the
competencies of this Agency, such as in respect of third-
country aircraft, its role under this Regulation could be fur-
ther expanded. Special attention should be given to further
improving the quality and quantity of safety inspections of
aircraft and to harmonising these inspections.

(20) Where there is a risk to safety that has not been adequately
resolved by the Member State(s) concerned, the Commis-
sion should have the possibility of adopting immediate
measures on a provisional basis. In such cases, the com-
mittee assisting the Commission in its work under this
Regulation should act in accordance with the advisory pro-
cedure provided for in Article 3 of Council Decision
1999/468/EC of 28 June 1999 laying down the proce-
dures for the exercise of implementing powers conferred
on the Commission (6).

(1) OJ L 158, 23.6.1990, p. 59.
(2) OJ L 220, 29.7.1989, p. 1. Regulation as last amended by Regulation

(EC) No 323/1999 (OJ L 40, 13.2.1999, p. 1).

(3) OJ L 167, 4.7.2003, p. 23.
(4) OJ L 46, 17.2.2004, p. 1.
(5) OJ L 95, 21.4.1993, p. 29.
(6) OJ L 184, 17.7.1999, p. 23.

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(21)

In all other cases, the committee assisting the Commission
in its work under this Regulation should act in accordance
with the regulatory procedure provided for in Article 5 of
Decision 1999/468/EC.

(22)

Since the relation between this Regulation and Article 9 of
Directive 2004/36/CE of the European Parliament and of
the Council of 21 April 2004 on the safety of third-country
aircraft using Community airports (1) would otherwise be
unclear, that Article should be repealed with a view to pro-
viding legal certainty.

CHAPTER I

GENERAL PROVISIONS

Article 1

Subject matter

1.

This Regulation establishes rules:

(a) on the establishment and publication of a Community list,
based on common criteria, of air carriers which, for safety
reasons, are subject to an operating ban in the Community;

(23) Member States should lay down rules on penalties appli-
cable to infringements of the provisions of Chapter III of
this Regulation and ensure that these penalties are applied.
The penalties, which may be of a civil or administrative
nature, should be effective, proportionate and dissuasive.

and

(24)

The Commission should analyse the application of this
Regulation and, after a sufficient period, report on the effi-
ciency of its provisions.

(b) on informing air passengers of the identity of the air carrier

operating the flights on which they travel.

2.
The application of this Regulation to the airport of Gibral-
tar is understood to be without prejudice to the respective legal
positions of the Kingdom of Spain and the United Kingdom with
regard to the dispute over sovereignty over the territory in which
the airport is situated.

(25) Any competent civil aviation authority in the Community
may decide that air carriers, including those not operating
in the territory of the Member States to which the Treaty
applies, might lodge a request with that authority to sub-
ject the air carrier so requesting to systematic checks in
order to verify its likelihood of compliance with the rel-
evant safety standards.

3.
Application of this Regulation to Gibraltar airport shall be
suspended until the arrangements included in the Joint Declara-
tion made by the Foreign Ministers of the Kingdom of Spain and
the United Kingdom on 2 December 1987 enter into operation.
The Governments of Spain and the United Kingdom will inform
the Council of such date of entry into operation.

(26)

This Regulation should not preclude the Member States
from introducing a quality labelling system for air carriers
at national level, for which the criteria might include con-
siderations other than minimum safety requirements, in
accordance with Community law.

(27) Arrangements for greater cooperation over the use of
Gibraltar airport were agreed in London on 2 December
1987 by the Kingdom of Spain and the United Kingdom
in a joint declaration by the Ministers of Foreign Affairs of
the two countries. Such arrangements have yet to enter
into operation,

HAVE ADOPTED THIS REGULATION:

(1) OJ L 143, 30.4.2004, p. 76.

Article 2

Definitions

For the purpose of this Regulation, the following definitions shall
apply:

(a)

‘air carrier’ means an air transport undertaking with a valid
operating licence or equivalent;

(b)

(c)

‘contract of carriage’ means a contract for or including air
transport services, including one where the carriage is com-
posed of two or more flights operated by the same or differ-
ent air carriers;

‘air carriage contractor’ means the carrier which concludes a
contract of carriage with a passenger or, where the contract
comprises a package, the tour operator. Any ticket seller shall
also be deemed an air carriage contractor;

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(d)

‘ticket seller’ means the seller of an air ticket who arranges a
contract of carriage with a passenger, whether for a flight on
its own or as part of a package, other than an air carrier or a
tour operator;

(e)

(f)

(g)

‘operating air carrier’ means an air carrier that performs
or intends to perform a flight under a contract of carriage
with a passenger, or on behalf of another person, legal or
natural, having a contract of carriage with that passenger;

‘operating authorisation or technical permission’ means any
legislative or administrative act by a Member State, which
provides either that an air carrier may operate air services to
and from its airports or that an air carrier may operate in its
airspace or that an air carrier may exercise traffic rights;

‘operating ban’ means the refusal, suspension, revocation or
restriction of an air carrier’s operating authorisation or tech-
nical permission for safety reasons, or any equivalent safety
measures in respect of an air carrier which has no traffic
rights in the Community but whose aircraft might otherwise
be operated in the Community under a lease agreement;

(h)

‘package’ means those services defined in Article 2(1) of
Directive 90/314/EEC;

The common criteria for imposing an operating ban on an
2.
air carrier, which shall be based on the relevant safety standards,
are set out in the Annex (and are hereinafter referred to as the
common criteria). The Commission may modify the Annex, in
particular in order to take account of scientific and technical
developments, in accordance with the procedure referred to in
Article 15(3).

For the purpose of establishing the Community list for the
3.
first time, each Member State shall, by 16 February 2006, com-
municate to the Commission the identity of the air carriers that
are subject to an operating ban in its territory, together with the
reasons which led to the adoption of such bans and any other rel-
evant information. The Commission shall inform the other Mem-
ber States of these operating bans.

4. Within one month of receiving the information communi-
cated by the Member States, the Commission shall, on the basis
of the common criteria, decide on the imposition of an operating
ban on the air carriers concerned and shall establish the Commu-
nity list of air carriers on which it has imposed an operating ban,
in accordance with the procedure referred to in Article 15(3).

Article 4

Updating of the Community list

1.

The Community list shall be updated:

(i)

(j)

‘reservation’ means the fact that the passenger has a ticket or
other proof, which indicates that the reservation has been
accepted and registered by the air carriage contractor;

(a)

to impose an operating ban on an air carrier and include this
air carrier on the Community list, on the basis of the com-
mon criteria;

‘relevant safety standards’ means the international safety stan-
dards contained in the Chicago Convention and its Annexes
as well as, where applicable, those in relevant Community
law.

(b)

to remove an air carrier from the Community list, if the safety
deficiency or deficiencies that gave rise to the inclusion of the
air carrier on the Community list have been remedied and
there is no other reason, on the basis of the common crite-
ria, to maintain the air carrier on the Community list;

CHAPTER II

COMMUNITY LIST

Article 3

Establishment of the Community List

(c)

to modify the conditions of an operating ban imposed on an
air carrier which is included on the Community list.

2.
The Commission, acting on its own initiative or at the
request of a Member State, shall decide to update the Community
list as soon as this is required under paragraph 1, in accordance
with the procedure referred to in Article 15(3) and on the basis of
the common criteria. At least every three months, the Commis-
sion shall verify whether it is appropriate to update the Commu-
nity list.

1. With a view to reinforcing air safety, a list of air carriers that
are subject to an operating ban in the Community (hereinafter
referred to as the Community list) shall be established. Each Mem-
ber State shall enforce, within its territory, the operating bans
included in the Community list in respect of the air carriers that
are the subject of those bans.

3.
Each Member State and the European Aviation Safety
Agency shall communicate to the Commission all information
that may be relevant in the context of updating the Community
list. The Commission shall forward all relevant information to the
other Member States.

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Article 5

Article 8

Provisional measures for updating of the Community list

Implementing measures

1. Where it is evident that the continued operation of an air
carrier in the Community is likely to constitute a serious risk to
safety, and that such a risk has not been resolved satisfactorily by
means of urgent measures taken by the Member State(s) con-
cerned in accordance with Article 6(1), the Commission may pro-
visionally adopt the measures referred to in Article 4(1)(a) or (c),
in accordance with the procedure referred to in Article 15(2).

2.
As soon as possible, and at most within 10 working days,
the Commission shall submit the matter to the Committee
referred to in Article 15(1) and shall decide to confirm, amend,
revoke or extend the measure which it has adopted under para-
graph 1 of this Article, acting in accordance with the procedure
referred to in Article 15(3).

Article 6

Exceptional measures

1.
In cases of urgency, this Regulation shall not preclude a
Member State from reacting to an unforeseen safety problem by
imposing an immediate operating ban in respect of its own terri-
tory, taking into account the common criteria.

2.
A decision by the Commission not to include an air carrier
in the Community list in accordance with the procedure referred
to in Article 3(4) or 4(2) shall not preclude a Member State from
imposing or maintaining an operating ban on the air carrier con-
cerned in view of a safety problem specifically affecting that Mem-
ber State.

The Commission, acting in accordance with the procedure
1.
referred to in Article 15(3), shall, where appropriate, adopt imple-
menting measures in order to lay down detailed rules in respect
of the procedures referred to in this Chapter.

2.
In deciding these measures the Commission shall take due
account of the need for decisions to be taken swiftly on updating
the Community list and shall, where appropriate, provide the pos-
sibility of an urgency procedure.

Article 9

Publication

1.
The Community list and any modification thereto shall be
published immediately in the Official Journal of the European Union.

2.
The Commission and the Member States shall take the mea-
sures necessary to facilitate public access to the Community list,
as most recently updated, in particular through the use of the
Internet.

3.
Air carriage contractors, national civil aviation authorities,
the European Aviation Safety Agency and airports in the territory
of the Member States shall bring the Community list to the atten-
tion of passengers, both via their websites and, where relevant, in
their premises.

CHAPTER III

INFORMATION TO PASSENGERS

Article 10

Scope

3.
In either of the situations referred to in paragraphs 1 and 2,
the Member State concerned shall immediately inform the Com-
mission, which shall inform the other Member States. In the situ-
ation referred to in paragraph 1, the Member State concerned
shall without delay submit a request to the Commission to update
the Community list, in accordance with Article 4(2).

The provisions of this Chapter shall apply in respect of the
1.
carriage of passengers by air, where the flight is part of a contract
of carriage and that carriage started in the Community, and

(a)

the flight departs from an airport on territory of a Member
State to which the Treaty applies;

or

Article 7

Rights of defence

(b)

the flight departs from an airport in a third country and
arrives at an airport on territory of a Member State to which
the Treaty applies;

The Commission shall ensure that, when it adopts decisions as
referred to in Articles 3(4), 4(2) and 5, the air carrier concerned is
given the opportunity of being heard, taking into account the
need, in some cases, for an urgency procedure.

or

(c)

the flight departs from an airport in a third country and
arrives at another such airport.

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The provisions of this Chapter shall apply whether the flight
2.
is scheduled or non-scheduled and whether the flight is part of a
package or not.

In cases where Regulation (EC) No 261/2004 does not

2.
apply, and

3.
The provisions of this Chapter shall not affect the rights of
passengers under Directive 90/314/EEC and Regulation (EEC)
No 2299/89.

(a)

the operating air carrier notified to the passenger has been
entered on the Community list and is subject to an operating
ban which has led to the cancellation of the flight concerned,
or which would have led to such cancellation if the flight
concerned had been operated in the Community

Article 11

Information on the identity of the operating air carrier

1.
Upon reservation, the air carriage contractor shall inform
the passenger of the identity of the operating air carrier or carri-
ers, whatever the means used to make the reservation.

2. Where the identity of the operating air carrier or carriers is
not yet known at the time of reservation, the air carriage contrac-
tor shall ensure that the passenger is informed of the name or
names of the air carrier or carriers that is or are likely to act as
operating air carrier or carriers on the flight or flights concerned.
In such case, the air carriage contractor shall ensure that the pas-
senger is informed of the identity of the operating air carrier
or carriers as soon as such identity is established.

3. Wherever the operating air carrier or carriers is or are
changed after reservation, the air carriage contractor shall, irre-
spective of the reason for the change, take immediately all appro-
priate steps to ensure that the passenger is informed of the change
as soon as possible. In all cases, passengers shall be informed at
check-in, or on boarding where no check-in is required for a con-
necting flight.

4.
The air carrier or the tour operator, as the case may be, shall
ensure that the relevant air carriage contractor is informed of the
identity of the operating air carrier or carriers as soon as this is
known, in particular in the event of a change of such identity.

5.
If a ticket seller has not been informed of the identity of the
operating air carrier, it shall not be responsible for not complying
with the obligations provided for in this Article.

6.
The obligation of the air carriage contractor to inform pas-
sengers of the identity of the operating air carrier or carriers shall
be specified in the general terms of sale applicable to the contract
of carriage.

or

(b)

the operating air carrier notified to the passenger has been
replaced by another operating air carrier which has been
entered on the Community list and is subject to an operating
ban which has led to the cancellation of the flight concerned,
or which would have led to such cancellation if the flight
concerned had been operated in the Community,

the air carriage contractor which is party to the contract of car-
riage shall offer the passenger the right to reimbursement or
re-routing provided for
in Article 8 of Regulation (EC)
No 261/2004, provided that, where the flight has not been can-
celled, the passenger has chosen not to take that flight.

Paragraph 2 of this Article shall apply without prejudice to

3.
Article 13 of Regulation (EC) No 261/2004.

Article 13

Penalties

Member States shall ensure compliance with the rules set out in
this Chapter and shall lay down penalties for infringement of
these rules. The penalties shall be effective, proportionate and
dissuasive.

CHAPTER IV

FINAL PROVISIONS

Article 14

Information and amendment

By 16 January 2009, the Commission shall report to the Euro-
pean Parliament and to the Council on the application of this
Regulation. The report shall be accompanied, where necessary, by
proposals for the amendment of this Regulation.

Article 15

Committee

Article 12

Right to reimbursement or re-routing

The Commission shall be assisted by the Committee referred
1.
to in Article 12 of Regulation (EEC) No 3922/91 (the Committee).

This Regulation shall not affect the right to reimbursement

1.
or re-routing as provided for in Regulation (EC) No 261/2004.

2. Where reference is made to this paragraph, Articles 3 and 7
of Decision 1999/468/EC shall apply, having regard to the pro-
visions of Article 8 thereof.

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3. Where reference is made to this paragraph, Articles 5 and 7
of Decision 1999/468/EC shall apply, having regard to the pro-
visions of Article 8 thereof.

Article 16

Repeal

The period referred to in Article 5(6) of Decision 1999/468/EC
shall be set at three months.

Article 9 of Directive 2004/36/EC is hereby repealed.

Article 17

Entry into force

The Commission may consult the Committee on any other

4.
matter concerning the application of this Regulation.

This Regulation shall enter into force on the 20th day following
that of its publication in the Official Journal of the European Union.

5.

The Committee shall adopt its Rules of Procedure.

Articles 10, 11 and 12 shall apply from 16 July 2006 and
Article 13 shall apply from 16 January 2007.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Strasbourg, 14 December 2005.

For the European Parliament
The President
J. BORRELL FONTELLES

For the Council
The President
C. CLARKE

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ANNEX

Common criteria for consideration of an operating ban for safety reasons at Community level

Decisions on action at Community level shall be taken according to the merits of each individual case. Depending upon the
merits of each case, a carrier or all the carriers certified in the same state might be eligible for action at Community level.

In considering whether an air carrier should be totally or partially banned, it shall be assessed whether the air carrier is meet-
ing the relevant safety standards taking into account the following:

1.

Verified evidence of serious safety deficiencies on the part of an air carrier:

— Reports showing serious safety deficiencies, or persistent failure by the carrier to address deficiencies identified by

ramp inspections performed under the SAFA programme previously communicated to the carrier.

— Serious safety deficiencies identified within the framework of the provisions for the gathering of information in

Article 3 of Directive 2004/36/EC on the safety of third-country aircraft.

— Operating ban imposed on a carrier by a third country because of substantiated deficiencies related to interna-

tional safety standards.

— Substantiated accident-related information or serious incident-related information indicating latent systemic safety

deficiencies.

2.

Lack of ability and/or willingness of an air carrier to address safety deficiencies as demonstrated by:

— Lack of transparency or adequate and timely communication on the part of a carrier in response to an enquiry by

the civil aviation authority of a Member State regarding the safety aspect of its operation.

— Inappropriate or insufficient corrective action plan presented in response to an identified serious safety deficiency.

3.

Lack of ability and/or willingness of the authorities responsible for the oversight of an air carrier to address safety defi-
ciencies as demonstrated by:

— Lack of cooperation with the civil aviation authority of a Member State by the competent authorities of another
state, when concerns about the safety of the operation of a carrier licensed or certified in that state have been
raised.

— Insufficient ability of the competent authorities with regulatory oversight of the carrier to implement and enforce

the relevant safety standards. Particular account should be taken of the following:

(a)

audits and related corrective action plans established under ICAO’s Universal Safety Oversight Audit Pro-
gramme or under any applicable Community law;

(b) whether the operating authorisation or technical permission of any carrier under the oversight of that state

has previously been refused or revoked by another state;

(c)

the air operator’s certificate has not been issued by the competent authority of the state where the carrier has
its principle place of business.

— Insufficient ability of the competent authorities of the state in which the aircraft used by the air carrier is regis-
tered to oversee the aircraft used by the carrier in accordance with its obligations under the Chicago Convention.