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Article 5 Cooperative marketing arrangements

United Kingdom

Original text. Later amendments are not shown.

1.

Air transport services in accordance with Article 4 of this Regulation may be provided under cooperative marketing arrangements, such as blocked-space or code-sharing arrangements, as follows:

(a)

the UK air carrier may act as the marketing carrier, with any operating carrier that is a Union air carrier or a UK air carrier, or with any operating carrier of a third country which, under Union law or, as applicable, under the law of the Member State or Member States concerned, enjoys the necessary traffic rights as well as the right for its carriers to exercise those rights by means of the arrangement in question;

(b)

the UK air carrier may act as the operating carrier, with any marketing carrier which is a Union air carrier or a UK air carrier, or with any marketing carrier of a third country which, under Union law or, as applicable, under the law of the Member State or Member States concerned, enjoys the necessary route rights as well as the right for its carriers to exercise those rights by means of the arrangement in question.

2.

In no case shall recourse to cooperative marketing arrangements, whether as an operating carrier or as a marketing carrier, result in a UK air carrier exercising rights other than those provided for in Article 4(1).

3.

In no case shall the rights granted to UK air carriers under paragraph 1 be construed as conferring on air carriers of a third country any rights other than those that they enjoy under Union law or under the law of the Member State or Member States concerned.

4.

The Member States concerned shall require the arrangements referred to in paragraph 1 to be approved by their competent authorities for the purpose of verifying compliance with the conditions set out in this Article and with the applicable requirements in Union and national law, in particular as regards safety and security.