
CHAPTER I
Article 1 

1. This Regulation establishes rules:
(a) on the establishment and publication of a  list, based on the criteria in the Annex, of air carriers which, for safety reasons, are subject to an operating ban in the  United Kingdom;and
(b) on informing air passengers of the identity of the air carrier operating the flights on which they travel.
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Article 2 
For the purpose of this Regulation, the following definitions shall apply:

((a)) ‘air carrier’ means an air transport undertaking with a valid operating licence or equivalent;
((b)) ‘contract of carriage’ means a contract for or including air transport services, including one where the carriage is composed of two or more flights operated by the same or different air carriers;
((c)) ‘air carriage contractor’ means the carrier which concludes a contract of carriage with a passenger or, where the contract comprises a package, the tour operator. Any ticket seller shall also be deemed an air carriage contractor;
((d)) ‘ticket seller’ means the seller of an air ticket who arranges a contract of carriage with a passenger, whether for a flight on its own or as part of a package, other than an air carrier or a tour operator;
((e)) ‘operating air carrier’ means an air carrier that performs or intends to perform a flight under a contract of carriage with a passenger, or on behalf of another person, legal or natural, having a contract of carriage with that passenger;
((f)) ‘operating authorisation or technical permission’  means any permission granted under article 250(2) of the Air Navigation Order 2016, or any authorisation issued under Article 3 of Commission Regulation 452/2014 laying down technical requirements and administrative procedures related to air operations of third country operators;
((g)) ‘operating ban’ means a decision under article 250(1A) of the Air Navigation Order 2016, or  the refusal, suspension, revocation or restriction of an air carrier’s operating authorisation or technical permission for safety reasons, or any equivalent safety measures in respect of an air carrier which has no traffic rights in the  United Kingdom  but whose aircraft might otherwise be operated in the  United Kingdom  under a lease agreement;
((h)) ‘package’ means those services defined in  regulation 2(5) of the Package Travel and Linked Travel Arrangements Regulations 2018;
((i)) ‘reservation’ means the fact that the passenger has a ticket or other proof, which indicates that the reservation has been accepted and registered by the air carriage contractor;
((j)) ‘relevant safety standards’ means the international safety standards contained in the Chicago Convention and its Annexes as well as, where applicable, those in  any relevant enactment;
((k)) ‘the CAA’ means the Civil Aviation Authority;
((l)) ‘third country’ means any country or territory other than the United Kingdom, British overseas territories, and the Channel Islands and the Isle of Man.
CHAPTER II
Article 3 

1. With a view to reinforcing air safety, a list of air carriers that are subject to an operating ban in the  United Kingdom on safety grounds  (hereinafter referred to as the  United Kingdom safety list) shall be established by the Secretary of State. ...
2. The ... criteria for  including an air carrier on the United Kingdom safety list, which shall be based on the relevant safety standards, are set out in the Annex and are hereafter referred to as ‘criteria in the Annex’.The Secretary of State may modify the Annex by regulations  to take account of scientific and technical developments.
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Article 4 

1. The  United Kingdom safety  list shall be updated:
(a) to include an air carrier which is subject to an operating ban in the United Kingdom imposed on the basis of the criteria in the Annex;
(b) to remove an air carrier from the  United Kingdom safety  list, if the safety deficiency or deficiencies that gave rise to the inclusion of the air carrier on the  United Kingdom safety  list have been remedied and there is no other reason, on the basis of the  criteria in the Annex, to maintain the air carrier on the  United Kingdom safety  list;
(c) to modify the entry for an air carrier in the United Kingdom safety list to reflect a decision under article 250(1B) of the Air Navigation Order 2016 to amend a decision under article 250(1A) of that Order.
2. The Secretary of State, having consulted the CAA,  shall decide to update the  United Kingdom safety  list as soon as this is required under paragraph 1,  on the basis of the criteria in the Annex. At least every three months, the  Secretary of State  shall verify whether it is appropriate to update the  United Kingdom safety  list.
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Article 5 
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Article 6 
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Article 7 
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Article 8 
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Article 9 

1. The  United Kingdom safety  list and any modification thereto shall be published immediately  by the CAA on the CAA website.
2. The Secretary of State and the CAA  shall take the measures necessary to facilitate public access to the  United Kingdom safety  list, as most recently updated, in particular through the use of the Internet.
3. Air carriage contractors,  the CAA  and airports in the  United Kingdom  shall bring the  United Kingdom safety  list to the attention of passengers, both via their websites and, where relevant, in their premises.
CHAPTER III
Article 10 

1. The provisions of this Chapter shall apply in respect of the carriage of passengers by air, where the flight is part of a contract of carriage and that carriage started in the  United Kingdom, and
(a) the flight departs from an airport  in the United Kingdom;or
(b) the flight departs from an airport in a third country and arrives at an airport  in the United Kingdom;or
(c) the flight departs from an airport in a third country and arrives at another such airport.
2. The provisions of this Chapter shall apply whether the flight is scheduled or non-scheduled and whether the flight is part of a package or not.
3. The provisions of this Chapter shall not affect the rights of passengers under  the Package Travel and Linked Travel Arrangements Regulations 2018 and Regulation (EC) No 80/2009.
Article 11 

1. Upon reservation, the air carriage contractor shall inform the passenger of the identity of the operating air carrier or carriers, whatever the means used to make the reservation.
2. Where the identity of the operating air carrier or carriers is not yet known at the time of reservation, the air carriage contractor shall ensure that the passenger is informed of the name or names of the air carrier or carriers that is or are likely to act as operating air carrier or carriers on the flight or flights concerned. In such case, the air carriage contractor shall ensure that the passenger is informed of the identity of the operating air carrier or carriers as soon as such identity is established.
3. Wherever the operating air carrier or carriers is or are changed after reservation, the air carriage contractor shall, irrespective of the reason for the change, take immediately all appropriate steps to ensure that the passenger is informed of the change as soon as possible. In all cases, passengers shall be informed at check-in, or on boarding where no check-in is required for a connecting flight.
4. The air carrier or the tour operator, as the case may be, shall ensure that the relevant air carriage contractor is informed of the identity of the operating air carrier or carriers as soon as this is known, in particular in the event of a change of such identity.
5. If a ticket seller has not been informed of the identity of the operating air carrier, it shall not be responsible for not complying with the obligations provided for in this Article.
6. The obligation of the air carriage contractor to inform passengers of the identity of the operating air carrier or carriers shall be specified in the general terms of sale applicable to the contract of carriage.
Article 12 

1. This Regulation shall not affect the right to reimbursement or re-routing as provided for in Regulation (EC) No 261/2004.
2. In cases where Regulation (EC) No 261/2004 does not apply, and
(a) the operating air carrier notified to the passenger has been entered on the  United Kingdom safety  list and is subject to an operating ban which has led to the cancellation of the flight concerned, or which would have led to such cancellation if the flight concerned had been operated in the  United Kingdomor
(b) the operating air carrier notified to the passenger has been replaced by another operating air carrier which has been entered on the  United Kingdom safety  list and is subject to an operating ban which has led to the cancellation of the flight concerned, or which would have led to such cancellation if the flight concerned had been operated in the  United Kingdom,
the air carriage contractor which is party to the contract of carriage shall offer the passenger the right to reimbursement or re-routing provided for in Article 8 of Regulation (EC) No 261/2004, provided that, where the flight has not been cancelled, the passenger has chosen not to take that flight.
3. Paragraph 2 of this Article shall apply without prejudice to Article 13 of Regulation (EC) No 261/2004.
Article 13 
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CHAPTER IV
Article 14 
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Article 14a 
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Article 14b 
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Article 15 

1. Regulations made under this Regulation are to be made by statutory instrument.
2. Regulations made by the Secretary of State under this Regulation are subject to annulment in pursuance of a resolution of either House of Parliament.
3. Regulations made under this Regulation may—
(a) make different provision for different purposes or areas;
(b) include supplementary, incidental or consequential provision;
(c) make transitional, transitory or saving provision.
Article 16 
Article 9 of Directive 2004/36/EC is hereby repealed.
Article 17 
This Regulation shall enter into force on the 20th day following that of its publication in the Official Journal of the European Union.
Articles 10, 11 and 12 shall apply from 16 July 2006 and Article 13 shall apply from 16 January 2007.
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ANNEX
Decisions ... shall be taken according to the merits of each individual case. Depending upon the merits of each case, a carrier or all the carriers certified in the same state might be eligible for  inclusion on the United Kingdom safety list.In considering whether an air carrier should be  included on the United Kingdom safety list, it shall be assessed whether the air carrier is meeting the relevant safety standards taking into account the following:
1.. Verified evidence of serious safety deficiencies on the part of an air carrier:

— Reports showing serious safety deficiencies, or persistent failure by the carrier to address deficiencies identified by ramp inspections performed under the SAFA programme previously communicated to the carrier.
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— Operating ban imposed on a carrier by a third country because of substantiated deficiencies related to international safety standards.
— Substantiated accident-related information or serious incident-related information indicating latent systemic safety deficiencies.
2.. Lack of ability and/or willingness of an air carrier to address safety deficiencies as demonstrated by:

— Lack of transparency or adequate and timely communication on the part of a carrier in response to an enquiry by the  the CAA  regarding the safety aspect of its operation.
— Inappropriate or insufficient corrective action plan presented in response to an identified serious safety deficiency.
3.. Lack of ability and/or willingness of the authorities responsible for the oversight of an air carrier to address safety deficiencies as demonstrated by:

— Lack of cooperation with  the CAA  by the competent authorities of another state, when concerns about the safety of the operation of a carrier licensed or certified in that state have been raised.
— Insufficient ability of the competent authorities with regulatory oversight of the carrier to implement and enforce the relevant safety standards. Particular account should be taken of the following:
((a)) audits and related corrective action plans established under ICAO’s Universal Safety Oversight Audit Programme or under any   relevant enactment;
((b)) whether the operating authorisation or technical permission of any carrier under the oversight of that state has previously been refused or revoked by another state;
((c)) the air operator’s certificate has not been issued by the competent authority of the state where the carrier has its principle place of business.
— Insufficient ability of the competent authorities of the state in which the aircraft used by the air carrier is registered to oversee the aircraft used by the carrier in accordance with its obligations under the Chicago Convention.