Article 13 Termination without redressive measures
United Kingdom
The F3CAA shall F4terminate the investigation conducted in accordance with Article 5 without F5recommending redressive measures where:
the CAA concludes that any of the following is not established:
- (i)
the existence of a practice distorting competition, adopted by a third country or a third-country entity;
- (ii)
the existence of injury or threat of injury to the F6United Kingdom air carriers concerned;
- (iii)
the existence of a causal link between the injury or threat of injury and the practice considered;
F7after consultation between the CAA and the Secretary of State, the Secretary of State concludes that adopting redressive measures in accordance with Article 14 would be against the United Kingdom interest;
the third country or third-country entity concerned has eliminated the practice distorting competition; or
the third country or third-country entity concerned has eliminated the injury or threat of injury to the United Kingdom air carriers concerned.
F8...
The decision to terminate the investigation in accordance with paragraph 2 shall be accompanied by a statement of the reasons thereof and shall be published in the F9CAA’s Official Record.
Annotations
Textual amendments
- F1
Word in Art. 13(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(14)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)
- F2
Words in Art. 13(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(14)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)
- F3
Word in Art. 13(2) substituted (31.12.2020) by The Air Services (Competition) (Amendment and Revocation) (EU Exit) Regulations 2019 (S.I. 2019/1224), regs. 1(2), 3(14)(b)(i); 2020 c. 1, Sch. 5 para. 1(1)
- F4
Word in Art. 13(2) substituted (31.12.2020) by The Air Services (Competition) (Amendment and Revocation) (EU Exit) Regulations 2019 (S.I. 2019/1224), regs. 1(2), 3(14)(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)
- F5
Word in Art. 13(2) substituted (31.12.2020) by The Air Services (Competition) (Amendment and Revocation) (EU Exit) Regulations 2019 (S.I. 2019/1224), regs. 1(2), 3(14)(b)(iii); 2020 c. 1, Sch. 5 para. 1(1)
- F6
Words in Art. 13(2) substituted (31.12.2020) by The Air Services (Competition) (Amendment and Revocation) (EU Exit) Regulations 2019 (S.I. 2019/1224), regs. 1(2), 3(14)(b)(iv); 2020 c. 1, Sch. 5 para. 1(1)
- F7
Words in Art. 13(2)(b) substituted (31.12.2020) by The Air Services (Competition) (Amendment and Revocation) (EU Exit) Regulations 2019 (S.I. 2019/1224), regs. 1(2), 3(14)(b)(v); 2020 c. 1, Sch. 5 para. 1(1)
- F8
Words in Art. 13(2) 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(14)(b)(vi); 2020 c. 1, Sch. 5 para. 1(1)
- F9
Words in Art. 13(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(14)(c); 2020 c. 1, Sch. 5 para. 1(1)