The Computer Reservation Systems (Amendment) (EU Exit) Regulations 2018

Made: 10th October 2018

Laid before Parliament: 17th October 2018

Coming into force in accordance with regulation 1(2)

The requirements of paragraph 3(2) of Schedule 7 to the European Union (Withdrawal) Act 2018 (relating to the appropriate Parliamentary procedure for these Regulations) have been satisfied.

The Secretary of State makes these Regulations in exercise of the powers conferred by section 8(1) of, and paragraph 21 of Schedule 7 to, that Act.

Citation and commencement

1

• (1) These Regulations may be cited as the Computer Reservation Systems (Amendment) (EU Exit) Regulations 2018.

• (2) These Regulations come into force on exit day.

Amendment of EU Regulation (EC) 80/2009

2

Regulation (EC) 80/2009 is amended in accordance with regulations 2 to 15.

3

In Article 1, in the first and second paragraphs, for “Community” substitute “ United Kingdom ”.

4

In Article 2, at the end of paragraph 15 insert—

; (16) ‘the CAA’ means the Civil Aviation Authority.

5

In Article 6, in paragraph 2, for “EUR 10 million” substitute “ £8,700,000 ”.

6

In Article 7, in paragraph 3, for “Community” substitute “ United Kingdom ”.

7

In Article 8—

• (a) in the heading, for “third” substitute “ other ”;

• (b) for paragraph 1 substitute—

(1) Without prejudice to international agreements to which the United Kingdom is a party, where the treatment of United Kingdom air carriers by a system vendor operating in another country is not equivalent to the treatment of the participating carriers of that country with regard to any matter contained in this Regulation, the CAA may require all system vendors operating in the United Kingdom to treat air carriers of that country in a manner that is equivalent to the treatment of United Kingdom air carriers in that country.;

• (c) for paragraph 2 substitute—

(2) The CAA shall monitor the application of discriminatory or non-equivalent treatment of United Kingdom air carriers by system vendors in other countries. The CAA may investigate potential cases of discrimination against United Kingdom air carriers by a CRS in other countries. Where such discrimination is found, before taking a decision, the CAA must request that the Secretary of State consider informing the appropriate authority in that country to seek its comments and the CAA must inform interested parties and seek their comments..

8

In Article 11—

• (a) in paragraph 1, omit the words “data controller in accordance with Article 2(d) of Directive 95/46/EC ” and substitute “ controller in accordance with Article 4(7) of Regulation (EU) 2016/679 ”;

• (aa) in paragraph 3, for “8” substitute “9”;

• (b) in paragraphs 3, 8 and 9, for “Directive 95/46/EC” substitute “ Regulation (EU) 2016/679 ”;

• (c) in paragraph 9, for “that Directive”, in each place it occurs, substitute “ that Regulation ”;

• (d) in paragraphs 8 and 9, for “Community” substitute “ United Kingdom ”.

9

In Article 12, for “Commission”, in each place where it occurs, substitute “ CAA ”.

10

In Article 13—

• (a) for “Commission” substitute “ CAA ”;

• (b) for “inquiry under Articles 81 and 82 of the Treaty” substitute “ investigation of matters covered by Chapters I or II of the Competition Act 1998 ”.

11

In Article 14, for “Commission” substitute “ CAA ”.

12

In Article 15—

• (a) in paragraphs 1 and 2, for “Commission” substitute “ CAA ”;

• (b) in paragraph 5—

• (i) for “Court of Justice of the European Communities” substitute “ High Court ”;

• (ii) for “Commission” substitute “ CAA ”.

13

In Article 16—

• (a) for “Commission”, in each place it occurs, substitute “ CAA ”;

• (b) omit paragraph 2.

14

In Article 18—

• (a) for “Commission”, in each place where it occurs, substitute “ CAA ”;

• (b) for “third”, in both places where it occurs, substitute “ other ”;

• (c) in paragraph 2—

• (i) for “European Parliament and to the Council” substitute “ Secretary of State ”;

• (ii) for “Community” substitute “ United Kingdom ”;

• (d) omit paragraph 3.

Signed

Signed by authority of the Secretary of State for Transport

Sugg of Coldharbour — Parliamentary Under Secretary of State — 2018-10-10

Explanatory note

(This note is not part of the Regulations)

Footnotes

[^f00001]: 2018 c. 16.

[^f00002]: OJ L 35, 4.02.2009, p.47.

[^f00003]: OJ L 281, 23.11.1995, p.31.

[^f00004]: OJ L 119, 4.5.2016, p.1.

[^f00005]: 1998 c. 41; sections 3(4), 6(1) and (6), 8 and 10(8) were amended by the Enterprise Act 2002 (c.40), Schedule 25, paragraph 38; sections 6(1), 6(6), 8 and 10(5), (7) and (8) were amended by the Enterprise and Regulatory Reform Act 2013 (c.24), Schedule 5, part 1, paragraphs 1, 2, 3 and 4; sections 6(6), 9(1) and 10(1), (9) and (10) were amended by S.I. 2004/1261; section 10(10) was amended by S.I. 2012/1809.

15

After Article 19 (entry into force), omit “This Regulation shall be binding in its entirety and directly applicable in all Member States.”.

Editorial notes

[^c23416881]: 2018 c. 16.

[^c23417881]: Reg. 1 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

[^c23417891]: Reg. 2 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

[^c23416891]: OJ L 35, 4.02.2009, p.47.

[^c23417901]: Reg. 3 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

[^c23417911]: Reg. 4 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

[^c23417921]: Reg. 5 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

[^c23417931]: Reg. 6 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

[^c23417941]: Reg. 7 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

[^c23417951]: Reg. 8 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

[^c23416901]: OJ L 281, 23.11.1995, p.31.

[^c23416911]: OJ L 119, 4.5.2016, p.1.

[^c23417961]: Reg. 9 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

[^c23417971]: Reg. 10 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

[^c23416921]: 1998 c. 41; sections 3(4), 6(1) and (6), 8 and 10(8) were amended by the Enterprise Act 2002 (c.40), Schedule 25, paragraph 38; sections 6(1), 6(6), 8 and 10(5), (7) and (8) were amended by the Enterprise and Regulatory Reform Act 2013 (c.24), Schedule 5, part 1, paragraphs 1, 2, 3 and 4; sections 6(6), 9(1) and 10(1), (9) and (10) were amended by S.I. 2004/1261; section 10(10) was amended by S.I. 2012/1809.

[^c23417981]: Reg. 11 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

[^c23417991]: Reg. 12 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

[^c23418001]: Reg. 13 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

[^c23418011]: Reg. 14 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

[^key-0f5c8b87ad3cacbba8ded76ba1eb2dc2]: Reg. 15 inserted (31.12.2020 immediately before IP completion day) by The Civil Aviation (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/687), regs. 1(3), 4(4); 2020 c. 1, Sch. 5 para. 1(1)

[^key-244aced23c6b879e8a2bf5b3f1d8fac0]: Word in reg. 2 substituted (31.12.2020 immediately before IP completion day) by The Civil Aviation (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/687), regs. 1(3), 4(2); 2020 c. 1, Sch. 5 para. 1(1)

[^key-14a378f2820e7aaa9fa9fb4e1baf4b89]: Reg. 8(aa) inserted (31.12.2020 immediately before IP completion day) by The Civil Aviation (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/687), regs. 1(3), 4(3); 2020 c. 1, Sch. 5 para. 1(1)

[^M_I_bc20e8a2-0c38-44e4-c14d-c98892980e89]: Reg. 15 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)