Responsibilities of Polish air carriers on operating license are based on the provisions of the Aviation Law Act of July 3, 2002. (Journal of Laws of 2020, pos.1970), 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, as amended), 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. to provide the President of the CAA with a copy of the current document confirming that this carrier is covered by valid third-party liability insurance (it may be provided in English), copies of insurance documents should be submitted each time not later than on the last day of the current insurance period; in the event of failure to present the insurance document to the President of the CAA, the President of the CAA shall request the carrier to supplement the documentation within 7 days from the date of receipt of the request, and in the event of failure to present the document within this period, he shall suspend the air carrier's license until a copy is provided, but not longer than for a period of 3 months (decision on the suspension of the operating license is subject to immediate execution); if the air carrier does not present the document, within the period for which the license was suspended, the President of the Office shall revoke the license without undue delay. During the procedure for revoking the operating license, the operating license shall be suspended until a copy of the document referred to in par. 1;
legal basis - Article. 171a paragraph 1-5 of the Aviation Law 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 - Art. 8 paragraph 3 point c) above mentioned Regulation and Art. 167a paragraph 2 in conjunction with Art. 167a paragraph 1 of the Aviation Law Act;
8. apply to the President of the CAA for approval of the request for the extension of the operating license (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 seats 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 operating license approval at the same time - where the carrier has a operating license 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 seats 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.