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Chapter II · OPERATING LICENCE › Article 4

Conditions for granting an operating licence

An undertaking shall be granted an operating licence by the competent licensing authority of a Member State provided that:

(a)

its principal place of business is located in that Member State;

(b)

it holds a valid AOC issued by a national authority of the same Member State whose competent licensing authority is responsible for granting, refusing, revoking or suspending the operating licence of the Community air carrier;

(c)

it has one or more aircraft at its disposal through ownership or a dry lease agreement;

(d)

its main occupation is to operate air services in isolation or combined with any other commercial operation of aircraft or the repair and maintenance of aircraft;

(e)

its company structure allows the competent licensing authority to implement the provisions of this Chapter;

(f)

Member States and/or nationals of Member States own more than 50 % of the undertaking and effectively control it, whether directly or indirectly through one or more intermediate undertakings, except as provided for in an agreement with a third country to which the Community is a party;

(g)

it meets the financial conditions specified in Article 5;

(h)

it complies with the insurance requirements specified in Article 11 and in Regulation (EC) No 785/2004; and

(i)

it complies with the provisions on good repute as specified in Article 7.

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