Common use of Operating authorisation Clause in Contracts

Operating authorisation. 1. On receipt of an application for an operating authorisation from an air carrier of a Party, the other Party shall grant the appropriate operating authorisations and technical permissions with minimum procedural delay, provided that: (a) for an air carrier of Armenia: (i) the air carrier has its principal place of business in Armenia, and holds a valid operating licence in accordance with the law of Armenia; and (ii) effective regulatory control of the air carrier is exercised and maintained by Armenia having issued its air operator certificate and the competent authority is clearly identified; and (iii) unless otherwise determined under Article 6 of this Agreement, the air carrier is owned, directly or through majority ownership, and it is effectively controlled by Armenia, and/or its nationals, or both; (b) for an air carrier of the European Union: (i) the air carrier has its principal place of business in the territory of the European Union and holds a valid operating licence in accordance with European Union law; and (ii) effective regulatory control of the air carrier is exercised and maintained by the EU Member State responsible for issuing its air operator certificate and the competent authority is clearly identified; and (iii) unless otherwise determined under Article 6 of this Agreement, the air carrier is owned, directly or through majority ownership, and it is effectively controlled by a Member State or Member States of the European Union or the European Free Trade Association and/or by nationals of such states, or both; (c) the provisions set out in Articles 14 and 15 of this Agreement are being complied with; and (d) the air carrier meets the conditions prescribed under the laws and regulations normally applied to the operation of international air transport by the Party considering the application. 2. When granting operating authorisations and technical permissions, the Parties shall treat all carriers of the other Party in a non-discriminatory manner. 3. On receipt of an application for an operating authorisation from an air carrier of a Party, the other Party shall recognise any fitness and/or citizenship determination made by the first Party with respect to that air carrier as if such determination had been made by its own competent authorities, and shall not enquire further into such matters, except as provided in subparagraphs (a) and (b) of this paragraph. (a) If, after receipt of an application for operating authorisation from an air carrier, or after the grant of such authorisation, the competent authorities of the receiving Party have a specific concern that, despite the determination made by the other Party, any condition prescribed in paragraph 1 of this Article for the grant of appropriate operating authorisations or technical permissions has not been met, the receiving Party shall promptly advise the other Party, giving substantive reasons for its concern. In that event, either Party may request consultations, which may include representatives of the competent authorities of the Parties, and/or additional information relevant to the concern and the request for consultation shall be met as soon as practicable. If the matter remains unresolved, either Party may bring the matter to the Joint Committee. (b) This paragraph does not cover recognition of determinations in relation to safety certificates or licences, security arrangements, or insurance coverage.

Appears in 4 contracts

Samples: Common Aviation Area Agreement, Common Aviation Agreement, Common Aviation Area Agreement

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Operating authorisation. 1. On receipt of an application for an operating authorisation from an air carrier of a Party, the competent authorities of the other Party shall grant the appropriate operating authorisations and technical permissions with minimum procedural delay, provided that: (a) for an air carrier of ArmeniaQatar: (i) the air carrier has its principal place of business in ArmeniaQatar, and holds a valid operating licence in accordance with the law of Armenia; andQatar; (ii) effective regulatory control of the air carrier is exercised and maintained by Armenia having issued its air operator certificate and the competent authority is clearly identifiedQatar; and (iii) unless otherwise determined under Article 6 of this Agreement, the air carrier is owned, directly or through majority ownership, and it is effectively controlled by Armenia, Qatar and/or its nationals, or both; (b) for an air carrier of the European Union: (i) the air carrier has its principal place of business is established in the territory of the European Union under the EU Treaties and holds a valid operating licence in accordance with European Union law; and; (ii) effective regulatory control of the air carrier is exercised and maintained by the EU Member State responsible for issuing its air operator certificate and the competent authority is clearly identified; and (iii) unless otherwise determined under Article 6 of this Agreement, the air carrier is owned, directly or through majority ownership, and it is effectively controlled by a one or more EU Member State States or Member States of the European Union or the European Free Trade Association and/or or by nationals of such states, or boththeir nationals; (c) the provisions set out in Articles 13 and 14 and 15 of this Agreement are being complied with; and (d) the air carrier meets the conditions prescribed under the laws and regulations normally applied to the operation of international air transport by the Party considering the application. 2. When granting operating authorisations and technical permissions, the Parties each Party shall treat all carriers of the other Party in a non-discriminatory manner. 3. On receipt of an application for an operating authorisation from an air carrier of a Party, the other Party shall recognise any fitness and/or citizenship determination made by the first Party with respect to that air carrier as if such determination had been made by its own competent authorities, and shall not enquire further into such matters, except as provided in subparagraphs (a) and (b) Article 4(2). For the avoidance of doubt, this paragraph. (a) If, after receipt of an application for operating authorisation from an air carrier, or after the grant of such authorisation, the competent authorities of the receiving Party have a specific concern that, despite the determination made by the other Party, any condition prescribed in paragraph 1 of this Article for the grant of appropriate operating authorisations or technical permissions has not been met, the receiving Party shall promptly advise the other Party, giving substantive reasons for its concern. In that event, either Party may request consultations, which may include representatives of the competent authorities of the Parties, and/or additional information relevant to the concern and the request for consultation shall be met as soon as practicable. If the matter remains unresolved, either Party may bring the matter to the Joint Committee. (b) This paragraph does not cover recognition of determinations in relation to safety certificates or licences, security arrangements, or insurance coverage.

Appears in 3 contracts

Samples: Agreement on Air Transport, Air Transport Agreement, Air Transport Agreement

Operating authorisation. 1. On receipt of an application for an operating authorisation from an air carrier of a Partyone of the Contracting Parties, the other Contracting Party shall grant the appropriate operating authorisations and technical permissions permits with minimum procedural delay, provided that: (a) for an air carrier of ArmeniaTunisia: (i) the air carrier has its principal place of business in Armenia, Tunisia and holds a valid operating licence in accordance with the applicable law of ArmeniaTunisia; and (ii) effective regulatory control of the air carrier is exercised and maintained by Armenia having issued Tunisia, which is responsible for the issue of its air operator certificate and the competent authority is clearly identifiedoperator's certificate; and (iii) unless otherwise determined under Article 6 of this Agreement, the air carrier is owned, directly or through by majority ownershipparticipation, and it is effectively controlled by Armenia, and/or Tunisia or its nationals, or both; (b) for an air carrier of the European Union: (i) the air carrier has its principal place of business in the territory of the a European Union Member State within the meaning of the EU Treaties, and holds a has received its valid operating licence in accordance with European Union law; and (ii) effective regulatory control of the air carrier is exercised and maintained by the EU Member State responsible for issuing the issue of its air operator certificate operator's certificate, and the competent authority is clearly identified; and (iii) unless otherwise determined under Article 6 of this Agreement, the air carrier is owned, directly or through majority ownershipshareholding, and it is effectively controlled by a Member State or Member States of the European Union or the European Free Trade Association and/or by or nationals of such statesthese Member States, or bothboth together; (c) the provisions set out in Articles 13 (Aviation safety) and 14 and 15 of this Agreement (Aviation security) are being complied with; and (d) the air carrier meets the conditions prescribed under the laws and regulations normally applied to the operation of international air transport services by the Contracting Party considering the application. 2. When granting operating authorisations and technical permissions, the The Contracting Parties shall treat all air carriers of the other Contracting Party in a non-discriminatory mannermanner when issuing operating authorisations and technical permits. 3. On Upon receipt of an application for an operating authorisation from an air carrier of a one Contracting Party, the competent authorities of the other Contracting Party shall recognise any fitness and/or citizenship or nationality determination made by the competent authorities of the first Contracting Party with respect to that air carrier as if such determination had been made by its own competent authorities, and shall not enquire inquire further into such matters, except as provided for in subparagraphs points (a) and (b) of this paragraph.below: (a) If, after receipt of an application for operating authorisation from an air carrier, or after the grant of such authorisation, the competent authorities of the receiving Party have a specific concern based on reasonable doubt that, despite the determination made by the competent authorities of the other Contracting Party, any condition the conditions prescribed in paragraph 1 of this Article 3 (Operating authorisation) for the grant of appropriate operating authorisations or technical permissions has have not been met, the receiving Party then they shall promptly advise the other Partythose authorities, giving substantive reasons for its their concern. In that event, either Contracting Party may request seek consultations, which may include representatives of the competent authorities of the two Contracting Parties, and/or or additional information relevant to the concern and the request for consultation this concern; such requests shall be met as soon as practicablewithout undue delay. If the matter remains unresolved, either Contracting Party may bring the matter to the Joint Committee set up under Article 21 (Joint Committee.) and may, in accordance with Article 21(10), take appropriate safeguard measures under Article 23 (Safeguard measures); (b) This paragraph does These procedures do not cover recognition of determinations in relation to to: (i) safety certificates or licences, ; (ii) security arrangements, or ; or (iii) insurance coverage.

Appears in 3 contracts

Samples: Euro Mediterranean Aviation Agreement, Euro Mediterranean Aviation Agreement, Euro Mediterranean Aviation Agreement

Operating authorisation. 1. On receipt of an application for an operating authorisation from an air carrier of a Party, the competent authorities of the other Party shall grant the appropriate operating authorisations and technical permissions with minimum procedural delay, provided that: (a) for an air carrier of ArmeniaQatar: (i) the air carrier has its principal place of business in ArmeniaQatar, and holds a valid operating licence in accordance with the law of Armenia; andQatar; (ii) effective regulatory control of the air carrier is exercised and maintained by Armenia having issued its air operator certificate and the competent authority is clearly identifiedQatar; and (iii) unless otherwise determined under Article 6 of this Agreement, the air carrier is owned, directly or through majority ownership, and it is effectively controlled by ArmeniaQatar, and/or its nationals, or both; (b) for an air carrier of the European Union: (i) the air carrier has its principal place of business is established in the territory of the European Union under the EU Treaties and holds a valid operating licence in accordance with European Union law; and; (ii) effective regulatory control of the air carrier is exercised and maintained by the EU Member State responsible for issuing its air operator certificate and the competent authority is clearly identified; and (iii) unless otherwise determined under Article 6 of this Agreement, the air carrier is owned, directly or through majority ownership, and it is effectively controlled by a Member State or Member States of the European Union or the European Free Trade Association and/or by nationals of such states, or bothStates; (c) the provisions set out in Articles 13 and 14 and 15 of this Agreement are being complied with; and (d) the air carrier meets the conditions prescribed under the laws and regulations normally applied to the operation of international air transport by the Party considering the application. 2. When granting operating authorisations and technical permissions, the Parties each Party shall treat all carriers of the other Party in a non-discriminatory manner. 3. On receipt of an application for an operating authorisation from an air carrier of a Party, the other Party shall recognise any fitness and/or citizenship determination made by the first Party with respect to that air carrier as if such determination had been made by its own competent authorities, and shall not enquire further into such matters, except as provided in subparagraphs (a) and (b) paragraph 2 of Article 4 of this paragraph. (a) IfAgreement. For the avoidance of doubt, after receipt of an application for operating authorisation from an air carrier, or after the grant of such authorisation, the competent authorities of the receiving Party have a specific concern that, despite the determination made by the other Party, any condition prescribed in paragraph 1 of this Article for the grant of appropriate operating authorisations or technical permissions has not been met, the receiving Party shall promptly advise the other Party, giving substantive reasons for its concern. In that event, either Party may request consultations, which may include representatives of the competent authorities of the Parties, and/or additional information relevant to the concern and the request for consultation shall be met as soon as practicable. If the matter remains unresolved, either Party may bring the matter to the Joint Committee. (b) This paragraph does not cover recognition of determinations in relation to safety certificates or licences, security arrangements, or insurance coverage.

Appears in 1 contract

Samples: Air Transport Agreement

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Operating authorisation. 1. On receipt of an application for an operating authorisation from an air carrier of a Party, the competent authorities of the other Party shall grant the appropriate operating authorisations and technical permissions with minimum procedural delay, provided that: (a) for an air carrier of ArmeniaTerra Xxxxxxxxx: (i) the air carrier has its principal place of business in ArmeniaTerra Xxxxxxxxx, and holds a valid operating licence in accordance with the law of Armenia; andTerra Xxxxxxxxx; (ii) effective regulatory control of the air carrier is exercised and maintained by Armenia having issued its air operator certificate and the competent authority is clearly identifiedTerra Xxxxxxxxx; and (iii) unless otherwise determined under Article 6 of this Agreement, the air carrier is owned, directly or through majority ownership, and it is effectively controlled by ArmeniaTerra Xxxxxxxxx, and/or its nationals, or both; (b) for an air carrier of the European Olympian Union: (i) the air carrier has its principal place of business is established in the territory of the European Olympian Union under the OU Treaties and holds a valid operating licence in accordance with European Olympian Union law; and; (ii) effective regulatory control of the air carrier is exercised and maintained by the EU OU Member State responsible for issuing its air operator certificate and the competent authority is clearly identified; and (iii) unless otherwise determined under Article 6 of this Agreement, the air carrier is owned, directly or through majority ownership, and it is effectively controlled by a Member State or Member States of the European Olympian Union or the European Olympian Free Trade Association and/or by nationals of such states, or bothStates; (c) the provisions set out in Articles 13 and 14 and 15 of this Agreement are being complied with; and (d) the air carrier meets the conditions prescribed under the laws and regulations normally applied to the operation of international air transport by the Party considering the application. 2. When granting operating authorisations and technical permissions, the Parties each Party shall treat all carriers of the other Party in a non-discriminatory manner. 3. On receipt of an application for an operating authorisation from an air carrier of a Party, the other Party shall recognise any fitness and/or citizenship determination made by the first Party with respect to that air carrier as if such determination had been made by its own competent authorities, and shall not enquire further into such matters, except as provided in subparagraphs (a) and (b) paragraph 2 of Article 4 of this paragraph. (a) IfAgreement. For the avoidance of doubt, after receipt of an application for operating authorisation from an air carrier, or after the grant of such authorisation, the competent authorities of the receiving Party have a specific concern that, despite the determination made by the other Party, any condition prescribed in paragraph 1 of this Article for the grant of appropriate operating authorisations or technical permissions has not been met, the receiving Party shall promptly advise the other Party, giving substantive reasons for its concern. In that event, either Party may request consultations, which may include representatives of the competent authorities of the Parties, and/or additional information relevant to the concern and the request for consultation shall be met as soon as practicable. If the matter remains unresolved, either Party may bring the matter to the Joint Committee. (b) This paragraph does not cover recognition of determinations in relation to safety certificates or licences, security arrangements, or insurance coverage.

Appears in 1 contract

Samples: Air Transport Agreement

Operating authorisation. 1. On receipt of an application for an operating authorisation from an air carrier of a Party, the competent authorities of the other Party shall grant the appropriate operating authorisations and technical permissions with minimum procedural delay, provided that: (a) for an air carrier of ArmeniaQatar: (i) the air carrier has its principal place of business in ArmeniaQatar, and holds a valid operating licence in accordance with the law of Armenia; andQatar; (ii) effective regulatory control of the air carrier is exercised and maintained by Armenia having issued its air operator certificate and the competent authority is clearly identifiedQatar; and (iii) unless otherwise determined under Article 6 of this Agreement, the air carrier is owned, directly or through majority ownership, and it is effectively controlled by Armenia, Qatar and/or its nationals, or both; (b) for an air carrier of the European Union: (i) the air carrier has its principal place of business is established in the territory of the European Union under the EU Treaties and holds a valid operating licence in accordance with European Union law; and; (ii) effective regulatory control of the air carrier is exercised and maintained by the EU Member State responsible for issuing its air operator certificate and the competent authority is clearly identified; and (iii) unless otherwise determined under Article 6 of this Agreement, the air carrier is owned, directly or through majority ownership, and it is effectively controlled by a one or more EU Member State States or Member States of the European Union or the European Free Trade Association and/or association or by nationals of such states, or boththeir nationals; (c) the provisions set out in Articles articles 13 and 14 and 15 of this Agreement are being complied with; and (d) the air carrier meets the conditions prescribed under the laws and regulations normally applied to the operation of international air transport by the Party considering the application. 2. When granting operating authorisations and technical permissions, the Parties each Party shall treat all carriers of the other Party in a non-discriminatory manner. 3. On receipt of an application for an operating authorisation from an air carrier of a Party, the other Party shall recognise any fitness and/or citizenship determination made by the first Party with respect to that air carrier as if such determination had been made by its own competent authorities, and shall not enquire further into such matters, except as provided in subparagraphs (a) and (b) article 4(2). For the avoidance of doubt, this paragraph. (a) If, after receipt of an application for operating authorisation from an air carrier, or after the grant of such authorisation, the competent authorities of the receiving Party have a specific concern that, despite the determination made by the other Party, any condition prescribed in paragraph 1 of this Article for the grant of appropriate operating authorisations or technical permissions has not been met, the receiving Party shall promptly advise the other Party, giving substantive reasons for its concern. In that event, either Party may request consultations, which may include representatives of the competent authorities of the Parties, and/or additional information relevant to the concern and the request for consultation shall be met as soon as practicable. If the matter remains unresolved, either Party may bring the matter to the Joint Committee. (b) This paragraph does not cover recognition of determinations in relation to safety certificates or licences, security arrangements, or insurance coverage.

Appears in 1 contract

Samples: Air Transport Agreement

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