16.08.2013 Aktualizacja: 21.08.2013

Responsibilities of Polish air carriers regarding concessions

Responsibilities of Polish air carriers on concessions are based on the provisions of the Aviation Law Act of July 3, 2002. (Journal of Laws of 2012, pos. 933 and 951), hereinafter referred to as the Act, the provisions of the Regulation of the European Parliament and Council Regulation (EC) No 1008/2008 of 24 September 2008 - on common rules for the operation of air in the Community (EU L 293, 31.10.2008, p.3), hereinafter referred to as the Regulation and the terms of the license.

In accordance with the provisions listed above - Polish air carrier shall, in particular:

1. transmit a copy to the President of the CAA of the current document confirming the important acquisition of the carrier's liability and a copy of the document for a further period of insurance to the same extent as hitherto, copies of documents should be certified as true copies or notarized and officially presented in each case not later than the last day the duration of the current insurance, in case of failure of doing so the President of the CAA informs the air carrier to complete the documentation within seven days from the date of receipt of the request, in the case of a failure at the time the license is suspended until the air carrier provides a copy of the document, but not later than for a period of three months. If the air carrier does not provide a copy of the document, the period for which the license has been suspended, the President of the CAA shall revoke the license without delay;

 

legal basis - Article. 171a paragraph 1-4 of the Act in connection with art. 11. Of the mentioned Regulation;

 

2. provide to the President of the CAA financial statement tested by auditor, not later than six months from the last day of the financial year, but if the audited financial statements will be submitted within the time limit, the President of CAA requests without undue delay the Polish air carrier to provide financial statement tested by auditor. If within one month the audited financial statement is not given, the license may be revoked or suspended, (the following requirement does not apply to air carriers who operate an aircraft with an MTOM of less than 10 tonnes or with a passenger seating capacity of less than 20). These carriers need only show every time that their net capital of at least EUR 100 000, or provide upon request of the President of CAA information relevant to the assessment referred to in Art. 9 paragraph 2 of above mentioned Regulation.

 

legal basis - Article. 8 paragraph 4 in conjunction with Art. 8 paragraph. 8 and Art. 9 paragraph. 3 of above mentioned Regulation;

 

3 present to the President of the CAA advance information on:
a) any plans for the operation to the new continent or region of the world, which was not performed before and any other substantial change in the scale of its activities, including - among other things - changes in the type or number of aircraft;
b) any planned mergers and acquisitions.

 

legal basis - Article. 8 paragraph 5 point. a) and b) above mentioned Regulation;

 

4 present President of the CAA an notice - within fourteen days - of any change in a single shareholding which represents 10% or more of the total shareholding of the air carrier, its main partnership or ultimate holding company.

 

legal basis - with art. 8 paragraph 5 point. c) of the above Regulation;

 

5. present to the President of the CAA a criminal record (issued not earlier than three months prior to filing) of management of the carrier - after any change as well as for other changes in the facts in relation to the information and certificates submitted previously. Failure to meet the requirement of good repute may result in suspension or revocation of operating license.

 

legal basis - with art. 7 in conjunction with art. 9 paragraph 6 above mentioned Regulation;

 

6. present to the President of the CAA, upon request, evidence of compliance with the requirements contained in Section II of the Regulation, because the license shall be valid as long as the carrier complies with the requirements of Chapter II of Regulation.

 

legal basis - with art. 8 paragraph 1 of Regulation;

 

7. immediately apply to the President of the CAA for approval of the license (including documents showing that the conditions required to obtain a license are met) - in the case referred to in Art. 8 paragraph. 3 point. a) and b) of Regulation.

 

legal basis - with art. 167a paragraph 1 in conjunction with Art. with art. 167a paragraph. 4 of the Act;

 

8 apply to the President of the CAA for approval of the request for the extension of the concession (including documents confirming compliance with the conditions required to obtain a license) - in the case of an air carrier holding a license as referred to in art. 5 paragraphs. 3 of above Regulation intends to start operations using aircraft with a maximum take-off mass (MTOM) of at least 10 tonnes or the number of at least 20;

 

legal basis - with art. 167a paragraph 2 in conjunction. with art. 167a paragraph. 4 of the Act;

 

9 without undue delay notify the President of the CAA by submitting a request for concession approval at the same time - where the carrier has a concession not an economic activity in the field of air transportation using aircraft with a maximum take-off mass (MTOM) of less than 10 tonnes, or the number of under 20, does not meet the requirements already referred to in Art. 5 paragraphs. 3 of Regulation;

 

legal basis - with art. 167a paragraph 3 of the Act.

 

In addition, the air carrier is obliged to comply with the obligations specified in the license issued to him.

 

 

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