Article 4

An undertaking shall be granted an operating licence by the competent licensing authority of a Member State provided that: its principal place of business is located in that Member State; 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; it has one or more aircraft at its disposal through ownership or a dry lease agreement; 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; its company structure allows the competent licensing authority to implement the provisions of this Chapter; 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; it meets the financial conditions specified in Article 5; it complies with the insurance requirements specified in Article 11 and in Regulation (EC) No 785/2004; and it complies with the provisions on good repute as specified in Article 7.

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Source: EUR-Lex (Cellar) · retrieved 2026-10-30 · Text as adopted (Official Journal); later amendments are not incorporated in this text.