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 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 Qatar: (i) the air carrier has its principal place of business in Qatar, and holds a valid operating licence in accordance with the law of Qatar; (ii) effective regulatory control of the air carrier is exercised and maintained by Qatar; and (iii) the air carrier is owned, directly or through majority ownership, and it is effectively controlled by Qatar and/or its nationals; (b) for an air carrier of the Union: (i) the air carrier is established in the territory of the Union under the EU Treaties and holds a valid operating licence in accordance with Union law; (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) the air carrier is owned, directly or through majority ownership, and it is effectively controlled by one or more EU Member States or Member States of the European Free Trade Association or by their nationals; (c) Articles 13 and 14 are 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, 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 Article 4(2). For the avoidance of doubt, this paragraph does not cover recognition of determinations in relation to safety certificates or licences, security arrangements, or insurance coverage.

Appears in 5 contracts

Sources: Agreement on Air Transport, Air Transport Agreement, Agreement on Air Transport

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 QatarArmenia: (i) the air carrier has its principal place of business in QatarArmenia, and holds a valid operating licence in accordance with the law of Qatar;Armenia; and (ii) effective regulatory control of the air carrier is exercised and maintained by QatarArmenia 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 Qatar Armenia, and/or its nationals, or both; (b) for an air carrier of the European Union: (i) the air carrier is established has its principal place of business 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 one or more EU a Member States State or Member States of the European Union or the European Free Trade Association and/or by nationals of such states, or by their nationalsboth; (c) the provisions set out in Articles 13 14 and 14 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, each Party 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 4(2)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. For In that event, either Party may request consultations, which may include representatives of the avoidance competent authorities of doubtthe Parties, this 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

Sources: Common Aviation Area Agreement, Common Aviation Agreement, Common Aviation Area 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 competent authorities of 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 QatarTunisia: (i) the air carrier has its principal place of business in Qatar, Tunisia and holds a valid operating licence in accordance with the applicable law of Qatar;Tunisia; and (ii) effective regulatory control of the air carrier is exercised and maintained by QatarTunisia, which is responsible for the issue of its air operator's certificate; and (iii) the air carrier is owned, directly or through by majority ownershipparticipation, and it is effectively controlled by Qatar and/or Tunisia or its nationals; (b) for an air carrier of the European Union: (i) the air carrier is established has its principal place of business in the territory of a European Union Member State within the Union under meaning of the EU Treaties 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) the air carrier is owned, directly or through majority ownershipshareholding, and it is effectively controlled by one or more EU a Member States State or Member States of the European Union or the European Free Trade Association or by their nationalsnationals of these Member States, or both together; (c) the provisions set out in Articles 13 (Aviation safety) and 14 (Aviation security) are 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, each Party 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 points (a) and (b) below: (a) If, after receipt of an application for authorisation from an air carrier, or after the grant of such authorisation, the competent authorities have a specific concern based on reasonable doubt that, despite the determination made by the competent authorities of the other Contracting Party, the conditions prescribed in Article 4(23 (Operating authorisation) for the grant of appropriate authorisations or permissions have not been met, then they shall promptly advise those authorities, giving substantive reasons for their concern. In that event, either Contracting Party may seek consultations, which may include representatives of the competent authorities of the two Contracting Parties, or additional information relevant to this concern; such requests shall be met without 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). For the avoidance of doubt, this paragraph does take appropriate safeguard measures under Article 23 (Safeguard measures); (b) 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 4 contracts

Sources: 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 Qatar: (i) the air carrier has its principal place of business in Qatar, and holds a valid operating licence in accordance with the law of Qatar; (ii) effective regulatory control of the air carrier is exercised and maintained by Qatar; and (iii) the air carrier is owned, directly or through majority ownership, and it is effectively controlled by Qatar Qatar, and/or its nationals; (b) for an air carrier of the European Union: (i) the air carrier 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; (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) the air carrier is owned, directly or through majority ownership, and it is effectively controlled by one or more EU a Member States State or Member States of the European Union or the European Free Trade Association or and/or by their nationalsnationals of such States; (c) the provisions set out in Articles 13 and 14 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, 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 paragraph 2 of Article 4(2)4 of this Agreement. For the avoidance of doubt, this paragraph does not cover recognition of determinations in relation to safety certificates or licences, security arrangements, or insurance coverage.

Appears in 1 contract

Sources: 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 QatarTerra ▇▇▇▇▇▇▇▇▇: (i) the air carrier has its principal place of business in QatarTerra ▇▇▇▇▇▇▇▇▇, and holds a valid operating licence in accordance with the law of QatarTerra ▇▇▇▇▇▇▇▇▇; (ii) effective regulatory control of the air carrier is exercised and maintained by QatarTerra ▇▇▇▇▇▇▇▇▇; and (iii) the air carrier is owned, directly or through majority ownership, and it is effectively controlled by Qatar Terra ▇▇▇▇▇▇▇▇▇, and/or its nationals; (b) for an air carrier of the Olympian Union: (i) the air carrier is established in the territory of the Olympian Union under the EU OU Treaties and holds a valid operating licence in accordance with Olympian Union law; (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) the air carrier is owned, directly or through majority ownership, and it is effectively controlled by one or more EU a Member States State or Member States of the European Olympian Union or the Olympian Free Trade Association or and/or by their nationalsnationals of such States; (c) the provisions set out in Articles 13 and 14 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, 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 paragraph 2 of Article 4(2)4 of this Agreement. For the avoidance of doubt, this paragraph does not cover recognition of determinations in relation to safety certificates or licences, security arrangements, or insurance coverage.

Appears in 1 contract

Sources: 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 Qatar: (i) the air carrier has its principal place of business in Qatar, and holds a valid operating licence in accordance with the law of Qatar; (ii) effective regulatory control of the air carrier is exercised and maintained by Qatar; and (iii) the air carrier is owned, directly or through majority ownership, and it is effectively controlled by Qatar and/or its nationals; (b) for an air carrier of the Union: (i) the air carrier is established in the territory of the Union under the EU Treaties and holds a valid operating licence in accordance with Union law; (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) the air carrier is owned, directly or through majority ownership, and it is effectively controlled by one or more EU Member States or Member States of the European Free Trade Association association or by their nationals; (c) Articles articles 13 and 14 are 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, 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 Article article 4(2). For the avoidance of doubt, this paragraph does not cover recognition of determinations in relation to safety certificates or licences, security arrangements, or insurance coverage.

Appears in 1 contract

Sources: Air Transport Agreement