Article 14 Redressive measures
United Kingdom
Without prejudice to Article 13, the F1CAA must recommend to the Secretary of State the adoption of redressive measures if the investigation conducted under Article 5 determines that a practice distorting competition, adopted by a third country or a third-country entity, has caused injury to the F2United Kingdom air carriers concerned. F3The Secretary of State may by regulations adopt redressive measures, in response to such a practice.
F4...
Without prejudice to Article 13, the F5CAA must recommend to the Secretary of State the adoption of redressive measures if the investigation conducted under Article 5 determines that a practice distorting competition, adopted by a third country or a third-country entity, causes a threat of injury, in accordance with Article 12(2) and (3), to the F6United Kingdom air carriers concerned. F7The Secretary of State may by regulations adopt redressive measures, in response to such a practice. Such regulations must provide that the redressive measures are not to apply until the Secretary of State has directed that they are to apply. The Secretary of State must only make such a direction if the CAA has determined that the threat of injury has developed into actual injury.
The redressive measures referred to in paragraphs 1 and 2 shall be imposed on the third-country air carriers benefiting from the practice distorting competition and may take the form of either of the following:
financial duties;
any operational measure of equivalent or lesser value, such as the suspension of concessions, of services owed or of other rights of the third-country air carrier. Priority shall be given to reciprocal operational measures, provided that they are not contrary to the F8United Kingdom interest, or incompatible with F9the law of any part of the United Kingdom or with international obligations.
The redressive measures referred to in paragraphs 1 and 2 shall not exceed what is necessary to offset the injury to the F10United Kingdom air carriers concerned. To this end, those redressive measures may be limited to a specific geographic area or may be limited in time.
The redressive measures shall not consist of the suspension or limitation of traffic rights granted by F11the United Kingdom to a third country under an air transport agreement, an air service agreement or any provision on air transport services included in any other agreement concluded with that third country.
The redressive measures referred to in paragraphs 1 and 2 shall not lead the F12United Kingdom to violate air transport or air services agreements, or any provision on air transport services included in a trade agreement or any other agreement concluded with the third country concerned.
Annotations
Textual amendments
- F1
Words in Art. 14(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(15)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)
- F2
Words in Art. 14(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(15)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)
- F3
Words in Art. 14(1) inserted (31.12.2020) by The Air Services (Competition) (Amendment and Revocation) (EU Exit) Regulations 2019 (S.I. 2019/1224), regs. 1(2), 3(15)(a)(iii); 2020 c. 1, Sch. 5 para. 1(1)
- F4
Words in Art. 14(1) 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(15)(a)(iv); 2020 c. 1, Sch. 5 para. 1(1)
- F5
Words in Art. 14(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(15)(b)(i); 2020 c. 1, Sch. 5 para. 1(1)
- F6
Words in Art. 14(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(15)(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)
- F7
Words in Art. 14(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(15)(b)(iii); 2020 c. 1, Sch. 5 para. 1(1)
- F8
Words in Art. 14(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(15)(c)(i); 2020 c. 1, Sch. 5 para. 1(1)
- F9
Words in Art. 14(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(15)(c)(ii); 2020 c. 1, Sch. 5 para. 1(1)
- F10
Words in Art. 14(4) substituted (31.12.2020) by The Air Services (Competition) (Amendment and Revocation) (EU Exit) Regulations 2019 (S.I. 2019/1224), regs. 1(2), 3(15)(d); 2020 c. 1, Sch. 5 para. 1(1)
- F11
Words in Art. 14(5) substituted (31.12.2020) by The Air Services (Competition) (Amendment and Revocation) (EU Exit) Regulations 2019 (S.I. 2019/1224), regs. 1(2), 3(15)(e); 2020 c. 1, Sch. 5 para. 1(1)
- F12
Words in Art. 14(6) substituted (31.12.2020) by The Air Services (Competition) (Amendment and Revocation) (EU Exit) Regulations 2019 (S.I. 2019/1224), regs. 1(2), 3(15)(f); 2020 c. 1, Sch. 5 para. 1(1)
- F13
Words in Art. 14(7) inserted (31.12.2020) by The Air Services (Competition) (Amendment and Revocation) (EU Exit) Regulations 2019 (S.I. 2019/1224), regs. 1(2), 3(15)(g)(i); 2020 c. 1, Sch. 5 para. 1(1)
- F14
Words in Art. 14(7) substituted (31.12.2020) by The Air Services (Competition) (Amendment and Revocation) (EU Exit) Regulations 2019 (S.I. 2019/1224), regs. 1(2), 3(15)(g)(ii); 2020 c. 1, Sch. 5 para. 1(1)
- F15
Words in Art. 14(7) substituted (31.12.2020) by The Air Services (Competition) (Amendment and Revocation) (EU Exit) Regulations 2019 (S.I. 2019/1224), regs. 1(2), 3(15)(g)(iii); 2020 c. 1, Sch. 5 para. 1(1)