OpenLegislation

Article 6 Suspension

United Kingdom

Original text. Later amendments are not shown.

1.

The F1CAA may suspend the investigation if F2, after consultation between the CAA and the Secretary of State, the Secretary of State is of the view that it appears more appropriate to address the practice distorting competition exclusively under the dispute settlement procedures established by an applicable air transport or air services agreement to which the F3United Kingdom is a party, or to any other agreement which contains provisions on air transport services to which the United Kingdom is a party. F4...

The F5CAA may resume the investigation in any of the following cases:

(a)

the procedure conducted under the applicable air transport or air services agreement or any other agreement which contains provisions on air transport services has led to a finding of an infringement by the other party or parties to the agreement which has become final and binding upon such other party or parties, but corrective action has not been taken promptly, or within the period provided for under the relevant procedures;

(b)

the practice distorting competition has not been eliminated within 12 months from the date of suspension of the investigation.

2.

The F6CAA shall suspend the investigation if, within 15 days from the date of the notification of the initiation of the investigation:

(a)

F7the Secretary of State has notified the CAA of F8the Secretary of State’s intention to address the practice distorting competition exclusively under the dispute settlement procedures applicable under the air transport or air services agreement, or any other agreement which contains provisions on air transport services, that F9the United Kingdom has concluded with the third-country concerned; F10...

In such cases of suspension, Article 7(1) and (2) shall apply.

3.

The F11CAA may resume the investigation in any of the following cases:

(a)

F12the Secretary of State has not initiated the dispute settlement procedure under the relevant international agreement within three months from the date of the notification referred to in point (a) of paragraph 2;

(b)

F13the Secretary of State notifies the CAA that the outcome of the dispute settlement procedures referred to in paragraph 2 of this Article has not been enforced correctly and expeditiously;

(c)

F14the Secretary of State asks the CAA to resume the investigation;

(d)

the CAA comes to the conclusion that the practice distorting competition has not been eliminated within 12 months of the date of the notification referred to in point (a) of paragraph 2 F15...;

(e)

in the cases of urgency foreseen in Article 11(3), if, within nine months of the date of notification referred to in point (a) of paragraph 2 of this Article F16..., the practice distorting competition has not been eliminated; at the request of F17the Secretary of State, that period may be prolonged by the CAA, in duly justified cases, by a maximum of three months.

Annotations

Textual amendments

F1

Word in Art. 6(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(7)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)

F2

Words in Art. 6(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(7)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F3

Words in Art. 6(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(7)(a)(iii); 2020 c. 1, Sch. 5 para. 1(1)

F4

Words in Art. 6(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(7)(a)(iv); 2020 c. 1, Sch. 5 para. 1(1)

F5

Word in Art. 6(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(7)(a)(v); 2020 c. 1, Sch. 5 para. 1(1)

F6

Word in Art. 6(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(7)(b)(i); 2020 c. 1, Sch. 5 para. 1(1)

F7

Words in Art. 6(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(7)(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F8

Words in Art. 6(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(7)(b)(iii); 2020 c. 1, Sch. 5 para. 1(1)

F9

Words in Art. 6(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(7)(b)(iv); 2020 c. 1, Sch. 5 para. 1(1)

F10

Words in Art. 6(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(7)(b)(v); 2020 c. 1, Sch. 5 para. 1(1)

F11

Word in Art. 6(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(7)(c)(i); 2020 c. 1, Sch. 5 para. 1(1)

F12

Words in Art. 6(3)(a) substituted (31.12.2020) by The Air Services (Competition) (Amendment and Revocation) (EU Exit) Regulations 2019 (S.I. 2019/1224), regs. 1(2), 3(7)(c)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F13

Words in Art. 6(3)(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(7)(c)(iii); 2020 c. 1, Sch. 5 para. 1(1)

F14

Words in Art. 6(3)(c) substituted (31.12.2020) by The Air Services (Competition) (Amendment and Revocation) (EU Exit) Regulations 2019 (S.I. 2019/1224), regs. 1(2), 3(7)(c)(iv); 2020 c. 1, Sch. 5 para. 1(1)

F15

Words in Art. 6(3)(d) 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(7)(c)(v); 2020 c. 1, Sch. 5 para. 1(1)

F16

Words in Art. 6(3)(e) 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(7)(c)(vi)(aa); 2020 c. 1, Sch. 5 para. 1(1)

F17

Words in Art. 6(3)(e) substituted (31.12.2020) by The Air Services (Competition) (Amendment and Revocation) (EU Exit) Regulations 2019 (S.I. 2019/1224), regs. 1(2), 3(7)(c)(vi)(bb); 2020 c. 1, Sch. 5 para. 1(1)