The Air Traffic Management (Amendment etc.) (EU Exit) Regulations 2019

Type Statutory-Instrument
Publication 2019-02-27
Last updated 2020-12-31
State In force
Department King's Printer of Acts of Parliament
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articles 280
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Made: 27th February 2019

Coming into force in accordance with regulation 1

The Secretary of State makes these Regulations in exercise of the powers conferred by sections 8(1) and 23(1) of, and paragraph 21 of Schedule 7 to, the European Union (Withdrawal) Act 2018 .

In accordance with paragraph 1(1) of Schedule 7 to that Act a draft of this instrument has been laid before Parliament and approved by a resolution of each House of Parliament.

PART 1 — Introduction

Citation and commencement

1
  • (1) These Regulations may be cited as the Air Traffic Management (Amendment etc.) (EU Exit) Regulations 2019.
  • (2) These Regulations come into force on exit day.

PART 2 — Amendment and revocation of retained direct principal EU legislation

CHAPTER 1 — Amendment of Regulation (EC) No 549/2004

Regulation (EC) No 549/2004: introduction

2

Regulation (EC) No 549/2004 of the European Parliament and of the Council of 10 March 2004 laying down the framework for the creation of the single European sky (the framework Regulation) is amended in accordance with regulations 3 to 18.

Article 1 of Regulation (EC) No 549/2004

3
  • (1) Article 1 (objective and scope) is amended as follows.
  • (2) In the heading, for “Objective and scope” substitute “ Scope ”.
  • (3) Omit paragraph 1.
  • (4) In paragraph 2—
  • (a) for “Member States'” substitute “the United Kingdom's”,
  • (b) for “their” substitute “ its ”, and
  • (c) omit “of the Member States”.
  • (5) In paragraph 3—
  • (a) in the first sentence, for “Member States” substitute “ the United Kingdom ”, and
  • (b) omit the second sentence.
  • (6) Omit paragraph 4.

Article 2 of Regulation (EC) No 549/2004

4
  • (1) Article 2 (definitions) is amended as follows.
  • (2) After point 14 insert—

(14a) ‘the CAA’ means the Civil Aviation Authority;

  • (3) In point 15 (certificate) for “a national supervisory authority in any form complying with national law,” substitute “ the national supervisory authority ”.
  • (4) In point 17 (European air traffic management network)—
  • (a) after “collection of” insert “ relevant ”,
  • (b) omit the words beginning with “listed” and ending with “(the interoperability Regulation)”, and
  • (c) at the end insert—

For these purposes relevant systems are: (a) systems and procedures for airspace management, (b) systems and procedures for air traffic flow management, (c) systems and procedures for air traffic services, in particular flight data processing systems, surveillance data processing systems and human-machine interface systems, (d) communications systems and procedures for ground-to-ground, air-to-ground and air-to-air communications, (e) navigation systems and procedures, (f) surveillance systems and procedures, (g) systems and procedures for aeronautical information services, and (h) systems and procedures for the use of meteorological information;

  • (5) In point 18 (concept of operation) for “EATMN” substitute “ UK ATMS ”.
  • (6) In point 19 (constituents) after “of the” insert “ UK ATMS with the ”.
  • (7) In point 28 (interoperability)—
  • (a) for “EATMN” substitute “ UK ATMS ”, and
  • (b) after “efficient operation” insert “ in relation to the EATMN ”.
  • (8) In point 32 (procedure) after “throughout” insert “ the UK ATMS and in relation to ”.
  • (9) In point 36 (seamless operation)—
  • (a) after “operation of” insert “ the UK ATMS in relation to ”, and
  • (b) for “it functions as if it” substitute “ the UK ATMS functions as if it and the EATMN ”.
  • (10) After point 39 (system) insert—

(39a) ‘United Kingdom air traffic management system’ or ‘UK ATMS’ means the collection of relevant systems enabling air navigation services in the United Kingdom to be provided, including the interfaces at boundaries with other countries and territories. For these purposes relevant systems are: (a) systems and procedures for airspace management, (b) systems and procedures for air traffic flow management, (c) systems and procedures for air traffic services, in particular flight data processing systems, surveillance data processing systems and human-machine interface systems, (d) communications systems and procedures for ground-to-ground, air-to-ground and air-to-air communications, (e) navigation systems and procedures, (f) surveillance systems and procedures, (g) systems and procedures for aeronautical information services, and (h) systems and procedures for the use of meteorological information;

  • (11) In point 41 (cross-border services)—
  • (a) for “one Member State” substitute “ the United Kingdom ”, and
  • (b) for “another” substitute “ a ”.

Article 3 of Regulation (EC) No 549/2004

5
  • (1) Article 3 (fields for action by the Community) is amended as follows.
  • (2) In the heading omit “by the Community”.
  • (3) In paragraph 1—
  • (a) in the words before point (a) omit “for the creation of the single European sky”,
  • (b) in the words after point (c), after “adopted” insert “ before exit day ”,
  • (c) in those words for “regulations” substitute “ Regulations ”, and
  • (d) at the end of those words insert “ as well as with the regulations made on or after exit day by the Secretary of State under any of the Regulations referred to in this Article. ”.

Article 4 of Regulation (EC) No 549/2004

6
  • (1) Article 4 (national supervisory authorities) is amended as follows.
  • (2) In the heading for “authorities” substitute “ authority ”.
  • (3) In paragraph 1—
  • (a) for “Member States” substitute “ The Secretary of State ”,
  • (b) omit “, jointly or individually,”, and
  • (c) for “their” substitute “ the ”.
  • (4) In paragraph 2 for “authorities”, in both places it occurs, substitute “ authority ”.
  • (5) In paragraph 3—
  • (a) for “National supervisory authorities” substitute “ The national supervisory authority ”,
  • (b) for “their” substitute “ its ”,
  • (c) after “powers” insert “ under this Regulation and under the measures referred to in Article 3 ”, and
  • (d) omit the words from “This shall be” to the end of the paragraph.
  • (6) In paragraph 4—
  • (a) for “Member States” substitute “ The national supervisory authority ”,
  • (b) for “national supervisory authorities have” substitute “ it has ”,
  • (c) for “them” substitute “ it ”, and
  • (d) after “Regulation” insert “ and under the measures referred to in Article 3 ”.
  • (7) Omit paragraph 5.

Article 5 of Regulation (EC) No 549/2004

7

Omit Article 5 (Committee procedure).

Article 6 of Regulation (EC) No 549/2004

8

Omit Article 6 (industry consultation body).

Article 7 of Regulation (EC) No 549/2004

9

Omit Article 7 (relations with European third countries).

Article 8 of Regulation (EC) No 549/2004

10

Omit Article 8 (implementing rules).

Article 9 of Regulation (EC) No 549/2004

11

Omit Article 9 (penalties).

Article 10 of Regulation (EC) No 549/2004

12

Omit Article 10 (consultation of stakeholders).

Article 11 of Regulation (EC) No 549/2004

13

Omit Article 11 (performance scheme).

Article 12 of Regulation (EC) No 549/2004

14
  • (1) Article 12 (supervision, monitoring and methods of impact assessment) is amended as follows.
  • (2) In the heading for “Supervision, monitoring and methods of impact assessment” substitute “ Review ”.
  • (3) Omit paragraph 1.
  • (4) In paragraph 2—
  • (a) for “The Commission” substitute “ The Secretary of State ”, and
  • (b) omit the words beginning with “, and shall firstly” to the end of the paragraph.
  • (5) Omit paragraph 3.
  • (6) In paragraph 4—
  • (a) for “The reports shall contain” substitute “ The review must include ”,
  • (b) after “Regulation” insert “ and to the measures referred to in Article 3 ”, and
  • (c) omit “, in the light of the original objectives”.

Article 13 of Regulation (EC) No 549/2004

15
  • (1) Article 13 (safeguards) is amended as follows.
  • (2) In the first paragraph—
  • (a) after “Regulation” insert “ and the measures referred to in Article 3 ”, and
  • (b) omit “by a Member State”.
  • (3) In the first indent for “its responsibility” substitute “ the responsibility of the United Kingdom ”.
  • (4) In the fourth indent for “a Member State's” substitute “the United Kingdom's”.

Article 13a of Regulation (EC) No 549/2004

16

Omit Article 13a (European Aviation Safety Agency).

Article 14 of Regulation (EC) No 549/2004

17

Omit Article 14 (entry into force).

Further amendment of Regulation (EC) No 549/2004

18

After Article 14 omit the sentence which begins “This Regulation shall be binding”.

CHAPTER 2 — Amendment of Regulation (EC) No 550/2004

Regulation (EC) No 550/2004: introduction

19

Regulation (EC) No 550/2004 of the European Parliament and of the Council of 10 March 2004 on the provision of air navigation services in the single European sky (the service provision Regulation) is amended in accordance with regulations 20 to 44.

Article 1 of Regulation (EC) No 550/2004

20

In Article 1 (scope and objective), in paragraph 1—

  • (a) for “in the single European sky” substitute “ which form part of the UK ATMS ”, and
  • (b) for “the Community” substitute “ the airspace under the responsibility of the United Kingdom ”.

Article 2 of Regulation (EC) No 550/2004

21
  • (1) Article 2 (tasks of the national supervisory authorities) is amended as follows.
  • (2) In the heading for “authorities” substitute “ authority ”.
  • (3) In paragraph 1—
  • (a) for “authorities” substitute “ authority ”, and
  • (b) for the words from “Member” to the end of the paragraph substitute “ United Kingdom ”.
  • (4) In paragraph 2 for “each” substitute “ the ”.
  • (5) Omit paragraphs 3 to 6.

Article 3 of Regulation (EC) No 550/2004

22
  • (1) Article 3 (qualified entities) is amended as follows.
  • (2) In paragraph 1 for “National supervisory authorities” substitute “ The national supervisory authority ”.
  • (3) In paragraph 2—
  • (a) for “a national” substitute “ the national ”,
  • (b) omit “within the Community”, and
  • (c) omit the second sentence.

Article 4 of Regulation (EC) No 550/2004

23

Omit Article 4 (safety requirements).

Article 6 of Regulation (EC) No 550/2004

24
  • (1) Article 6 (common requirements) is amended as follows.
  • (2) The single paragraph becomes paragraph 1.
  • (3) In that paragraph, for the first sentence substitute “ The Secretary of State may by regulations made by statutory instrument prescribe common requirements for the provision of air navigation services in the airspace under the responsibility of the United Kingdom. ”.
  • (4) After that paragraph insert—

(2) Regulations under paragraph 1— (a) may make different provision for different purposes; (b) may make transitional, transitory or saving provision; (c) may make consequential, incidental or supplementary provision. (3) A statutory instrument containing regulations under paragraph 1 is subject to annulment in pursuance of a resolution of either House of Parliament..

Article 7 of Regulation (EC) No 550/2004

25
  • (1) Article 7 (certification of air navigation service providers) is amended as follows.
  • (2) In paragraph 1—
  • (a) for “within the Community” substitute “ in the airspace under the responsibility of the United Kingdom ”, and
  • (b) for “Member States” substitute “ the national supervisory authority ”.
  • (3) In paragraph 2 omit the words from “of the” to the end of the paragraph.
  • (4) In paragraph 3 for “National supervisory authorities” substitute “ The national supervisory authority ”.
  • (5) In paragraph 5—
  • (a) for “Member States” substitute “ the national supervisory authority ”,
  • (b) for “their responsibility” substitute “ the responsibility of the United Kingdom ”, and
  • (c) omit the second sentence.
  • (6) Omit paragraph 6.
  • (7) In paragraph 7—
  • (a) for “National supervisory authorities” substitute “ The national supervisory authority ”,
  • (b) omit the second sentence, and
  • (c) for “a national” substitute “ the national ”.
  • (8) For paragraph 8 substitute—

(8) Any certificate issued before exit day in a Member State in accordance with Article 7 of Regulation (EC) No 550/2004 which continues to be in force or effective on or after exit day by virtue of Part 3 of Schedule 8 to the European Union (Withdrawal) Act 2018 is: (a) to continue to be in force or effective on and after exit day for the remainder of its validity period up to a maximum of 2 years (subject to any earlier suspension or cancellation by the national supervisory authority); and (b) for the purposes of this Regulation and the other measures referred to in Article 3 of the framework Regulation, to be treated as if it was issued by the national supervisory authority in accordance with this Article.

  • (9) Omit paragraph 9.

Article 8 of Regulation (EC) No 550/2004

26
  • (1) Article 8 (designation of air traffic service providers) is amended as follows.
  • (2) In paragraph 1—
  • (a) for “Member States”, in the first place those words occur, substitute “ The national supervisory authority ”,
  • (b) for “their responsibility” substitute “ the responsibility of the United Kingdom ”,
  • (c) for “Member States”, in the second place those words occur, substitute “ the national supervisory authority ”, and
  • (d) for “in the Community” substitute “ issued in accordance with Article 7 ”.
  • (3) Omit paragraph 2.
  • (4) In paragraph 3—
  • (a) for “Member States” substitute “ The national supervisory authority ”, and
  • (b) for “their responsibility” substitute “ the responsibility of the United Kingdom ”.
  • (5) In paragraph 4 for “Member States” substitute “ The national supervisory authority ”.
  • (6) Omit paragraphs 5 and 6.

Article 9 of Regulation (EC) No 550/2004

27
  • (1) Article 9 (designation of providers of meteorological services) is amended as follows.
  • (2) In paragraph 1—
  • (a) for “Member States” substitute “ The national supervisory authority ”, and
  • (b) for “their responsibility” substitute “ the responsibility of the United Kingdom ”.
  • (3) Omit paragraph 2.

Article 9a of Regulation (EC) No 550/2004

28

Omit Article 9a (functional airspace blocks).

Article 9b of Regulation (EC) No 550/2004

29

Omit Article 9b (functional airspace blocks system coordinator).

Article 10 of Regulation (EC) No 550/2004

30
  • (1) Article 10 (relations between service providers) is amended as follows.
  • (2) In paragraph 1 for “in the Community” substitute “ in accordance with Article 7 ”.
  • (3) In paragraph 2 omit “or authorities concerned”.
  • (4) In paragraph 3—
  • (a) for “Member States concerned”, in both places those words occur, substitute “ the national supervisory authority ”, and
  • (b) for “they have” substitute “ it has ”.

Article 11 of Regulation (EC) No 550/2004

31

Omit Article 11 (relations with military authorities).

Article 12 of Regulation (EC) No 550/2004

32
  • (1) Article 12 (transparency of accounts) is amended as follows.
  • (2) In paragraph 1 for “the international accounting standards adopted by the Community” substitute “ international accounting standards within the meaning of Regulation (EC) No 1606/2002 of the European Parliament and of the Council of 19 July 2002 on the application of international accounting standards (see Article 2 of that Regulation) ”.
  • (3) In paragraph 3 omit the words beginning with “, broken down” and ending with “Article 14”.
  • (4) In paragraph 4—
  • (a) for “Member States shall designate the competent authorities that” substitute “ The national supervisory authority ”, and
  • (b) for “their responsibility” substitute “ the responsibility of the United Kingdom ”.
  • (5) Omit paragraph 5.

Article 13 of Regulation (EC) No 550/2004

33

In Article 13 (access to and protection of data), in paragraph 3—

  • (a) for “National supervisory authorities” substitute “ The national supervisory authority ”, and
  • (b) omit the third sentence.

Article 14 of Regulation (EC) No 550/2004

34

Omit Article 14 (charging schemes: general).

Article 15 of Regulation (EC) No 550/2004

35

Omit Article 15 (charging schemes: principles).

Article 15a of Regulation (EC) No 550/2004

36

For Article 15a (common projects) substitute—

(1) The Secretary of State may by regulations made by statutory instrument make provision imposing on any person a requirement derived from a common project within the meaning of Article 15a of Regulation (EC) No 550/2004 of the European Parliament and of the Council of 10 March 2004 on the provision of air navigation services in the single European sky, as that Regulation has effect in EU law as amended from time to time . (2) Regulations under paragraph 1— (a) may make different provision for different purposes; (b) may make transitional, transitory or saving provision; (c) may make consequential, incidental or supplementary provision. (3) A statutory instrument containing regulations under paragraph 1 is subject to annulment in pursuance of a resolution of either House of Parliament.

Article 16 of Regulation (EC) No 550/2004

37

Omit Article 16 (review of compliance).

Article 17 of Regulation (EC) No 550/2004

38

For Article 17 (revision of annexes) substitute—

(1) The Secretary of State may by regulations made by statutory instrument amend Annex 1 or 2. (2) Regulations under paragraph 1— (a) may make different provision for different purposes; (b) may make transitional, transitory or saving provision; (c) may make consequential, incidental or supplementary provision. (3) A statutory instrument containing regulations under paragraph 1 is subject to annulment in pursuance of a resolution of either House of Parliament.

Article 18 of Regulation (EC) No 550/2004

39
  • (1) Article 18 (confidentiality) is amended as follows.
  • (2) In paragraph 1—
  • (a) for “authorities, acting in accordance with their national legislation” substitute “ authority ”, and
  • (b) for “Commission” substitute “ Secretary of State ”.
  • (3) In paragraph 2—
  • (a) for “national supervisory authorities” substitute “ the national supervisory authority ”, and
  • (b) for “Commission” substitute “ Secretary of State ”.
  • (4) Omit paragraph 3.

Article 18a of Regulation (EC) No 550/2004

40

Omit Article 18a (review).

Article 19 of Regulation (EC) No 550/2004

41

Omit Article 19 (entry into force).

Further amendment of Regulation (EC) No 550/2004

42

After Article 19 omit the sentence which begins “This Regulation shall be binding”.

Annex 1 to Regulation (EC) No 550/2004

43

In Annex 1 (requirements for qualified entities)—

  • (a) in the sixth indent omit “concerned”, and
  • (b) in the ninth indent omit the words from “recognised” to the end.

Annex 2 to Regulation (EC) No 550/2004

44

In Annex 2 (conditions to be attached to certificates) omit point 1(a).

CHAPTER 3 — Amendment of Regulation (EC) No 551/2004

Regulation (EC) No 551/2004: introduction

45

Regulation (EC) No 551/2004 of the European Parliament and of the Council of 10 March 2004 on the organisation and use of the airspace in the single European sky (the airspace Regulation) is amended in accordance with regulations 46 to 55.

Article 1 of Regulation (EC) No 551/2004

46
  • (1) Article 1 (objective and scope) is amended as follows.
  • (2) In paragraph 1—
  • (a) for “in the Single European Sky” substitute “ under the responsibility of the United Kingdom ”, and
  • (b) omit the words from “support” to “and to”.
  • (3) In paragraph 3—
  • (a) for “and AFI regions where Member States are” substitute “ region where the United Kingdom is ”, and
  • (b) omit the second sentence.
  • (4) Omit paragraph 4.

Article 3 of Regulation (EC) No 551/2004

47

Omit Article 3 (European Upper Flight Information Region).

Article 3a of Regulation (EC) No 551/2004

48
  • (1) Article 3a (electronic aeronautical information) is amended as follows.
  • (2) In paragraph 1 for the words beginning with “Without” and ending with “cooperation” substitute “ The national supervisory authority, working in consultation ”.
  • (3) In paragraph 2—
  • (a) in the opening words for “Commission” substitute “ national supervisory authority ”,
  • (b) in point (a) for “ensure the development of a Community wide” substitute “ contribute to the development of an ”, and
  • (c) in point (b) for “close cooperation” substitute “ consultation ”.
  • (4) Omit paragraph 3.

Article 4 of Regulation (EC) No 551/2004

49
  • (1) Article 4 (rules of the air and airspace classification) is amended as follows.
  • (2) The unnumbered paragraph becomes paragraph 1.
  • (3) In that paragraph, for the words before point (a) substitute—

(1) The Secretary of State may by regulations made by statutory instrument make provision to:

  • (4) In point (b) omit the words from “, in order” to the end.
  • (5) At the end insert—

(2) Regulations under paragraph 1— (a) may make different provision for different purposes; (b) may make transitional, transitory or saving provision; (c) may make consequential, incidental or supplementary provision. (3) A statutory instrument containing regulations under paragraph 1 is subject to annulment in pursuance of a resolution of either House of Parliament..

Article 6 of Regulation (EC) No 551/2004

50
  • (1) Article 6 (network management and design) is amended as follows.
  • (2) For paragraphs 1 to 5 substitute—

(1) The Secretary of State may by regulations made by statutory instrument make provision imposing requirements on any person in connection with the exercise by any person of the air traffic management (ATM) network functions. (2) The air traffic management (ATM) network functions are— (a) the functions described in Article 6(2) of Regulation (EC) No 551/2004, as that regulation has effect in EU law as amended from time to time , (b) additional functions added to that list in accordance with Article 6(3) of that Regulation as it has effect in EU law as amended from time to time, and (c) functions under implementing rules adopted under Article 6(4) of that Regulation as it has, and as those rules have, effect in EU law as amended from time to time.

  • (3) In paragraph 6 for “Member States” substitute “ The Secretary of State ”.
  • (4) In paragraph 7—
  • (a) for “Implementing rules for” substitute “ The Secretary of State may by regulations made by statutory instrument make provision about ”,
  • (b) omit the words beginning with “shall be developed” and ending with “Article 5(3) of the framework Regulation,”, and
  • (c) for “These rules” substitute “ Regulations under this paragraph ”.
  • (5) In paragraph 8 for “The implementing rules for air traffic flow management” substitute “ Regulations under paragraph 7 ”.
  • (6) In paragraph 9 for “the implementing rules the Commission” substitute “ regulations under paragraph 7 the Secretary of State ”.
  • (7) At the end insert—

(10) Regulations under paragraph 1 or 7— (a) may make different provision for different purposes; (b) may make transitional, transitory or saving provision; (c) may make consequential, incidental or supplementary provision. (11) A statutory instrument containing regulations under paragraph 1 or 7 is subject to annulment in pursuance of a resolution of either House of Parliament.

Article 7 of Regulation (EC) No 551/2004

51
  • (1) Article 7 (flexible use of airspace) is amended as follows.
  • (2) In paragraph 1—
  • (a) for “their responsibility” substitute “ the responsibility of the Secretary of State ”,
  • (b) for “Member States” substitute “ the persons mentioned in paragraph 1A ”,
  • (c) for “Single European Sky” substitute “ UK ATMS ”, and
  • (d) omit “in the context of the common transport policy”.
  • (3) After that paragraph insert—

(1A) Those persons are: (a) any air navigation service provider, (b) the national supervisory authority, and (c) the Secretary of State.

  • (4) In paragraph 2—
  • (a) for “Member States” substitute “ The national supervisory authority ”,
  • (b) for “Commission” substitute “ Secretary of State ”,
  • (c) omit “, in the context of the common transport policy,”, and
  • (d) for “their responsibility” substitute “ the responsibility of the United Kingdom ”.
  • (5) For paragraph 3 substitute—

(3) The Secretary of State may by regulations made by statutory instrument make provision about the flexible use of airspace. (4) When making regulations under paragraph 3 the Secretary of State must have regard to the reports mentioned in paragraph 2. (5) Regulations under paragraph 3— (a) may make different provision for different purposes; (b) may make transitional, transitory or saving provision; (c) may make consequential, incidental or supplementary provision. (6) A statutory instrument containing regulations under paragraph 3 is subject to annulment in pursuance of a resolution of either House of Parliament..

Article 8 of Regulation (EC) No 551/2004

52

For Article 8 (temporary suspension) substitute—

Article 7(1) does not apply if and to the extent that it gives rise to significant operational difficulties.

Article 10 of Regulation (EC) No 551/2004

53

Omit Article 10 (review).

Article 10 of Regulation (EC) No 551/2004

54

Omit Article 11 (entry into force).

Further amendment of Regulation (EC) No 551/2004

55

After Article 11 omit the sentence which begins “This Regulation shall be binding”.

CHAPTER 4 — Amendment of Regulation (EC) No 552/2004

Regulation (EC) No 552/2004: introduction

56

Regulation (EC) No 552/2004 of the European Parliament and of the Council of 10 March 2004 on the interoperability of the European Air Traffic Management network (the interoperability Regulation) is amended in accordance with regulations 57 to 63.

Article 4 of Regulation (EC) No 552/2004

57
  • (1) Article 4 (community specifications) is amended as follows.
  • (2) In paragraph 1—
  • (a) for the words before point (a) substitute “ In this Regulation and the other measures referred to in Article 3 of the framework Regulation, “Community specifications” means: ”, and
  • (b) in point (b), for “the framework Regulation” substitute “ Regulation (EC) No 549/2004 of the European Parliament and of the Council of 10 March 2004 laying down the framework for the creation of the single European sky, as that Regulation has effect in EU law as amended from time to time ”.
  • (3) Omit paragraphs 3 and 4.
  • (4) In paragraph 5—
  • (a) for “a Member State or the Commission” substitute “ the Secretary of State ”, and
  • (b) for the words beginning with “which” to the end of the paragraph substitute “ to which the said Community specification relates, the Secretary of State may direct that paragraph 2 does not apply in relation to the specification. Accordingly, compliance with the essential requirements and/or the implementing rules for interoperability must not be presumed for systems, together with the associated procedures, or constituents that meet the specification. ”.
  • (5) After paragraph (5) insert—

(5A) As soon as possible after making a direction under paragraph 5 the Secretary of State must publish the direction in a way that the Secretary of State considers is likely to bring it to the attention of persons likely to be interested in it..

  • (6) Omit paragraphs 6 and 7.

Article 5 of Regulation (EC) No 552/2004

58
  • (1) Article 5 (declaration of conformity or suitability for use of constituents) is amended as follows.
  • (2) In the heading for “EC declaration” substitute “ Declaration ”.
  • (3) In paragraph 1 for “an EC” substitute “ a ”.
  • (4) In paragraph 2 omit “established in the Community” and “EC”.
  • (5) In paragraph 3 omit “EC”.
  • (6) After paragraph 3 insert—

(3A) Paragraph 3B applies in relation to an EC declaration of conformity or suitability for use made before exit day in accordance with Article 5 of Regulation (EC) No 552/2204 which continues to be in force or effective on or after exit day by virtue of Part 3 of Schedule 8 to the European Union (Withdrawal) Act 2018. (3B) The declaration is, for the purposes of this Regulation and the other measures referred to in Article 3 of the framework Regulation, to be treated as a declaration made in accordance with this Article by a manufacturer ....

  • (7) In paragraph 4 for “notified bodies referred to in Article 8” substitute “ bodies appointed to carry out those tasks ”.

Article 6 of Regulation (EC) No 552/2004

59
  • (1) Article 6 (declaration of verification of systems) is amended as follows.
  • (2) In the heading for “EC declaration” substitute “ Declaration ”.
  • (3) In paragraph 1—
  • (a) for “an EC” substitute “ a ”, and
  • (b) omit “, when integrated into the EATMN”.
  • (4) In paragraph 2 for “an EC” substitute “ a ”.
  • (5) After paragraph 2 insert—

(2A) Paragraph 2B applies in relation to an EC declaration of verification submitted to the national supervisory authority of a Member State before exit day in accordance with Article 6 of Regulation (EC) No 552/2004 which continues to be in force or effective on or after exit day by virtue of Part 3 of Schedule 8 to the European Union (Withdrawal) Act 2018. (2B) The declaration is, for the purposes of this Regulation and the other measures referred to in Article 3 of the framework Regulation, to be treated as a declaration submitted to the national supervisory authority in accordance with this Article.

  • (6) In paragraph 3 for “notified bodies as referred to in Article 8” substitute “ bodies appointed to carry out those tasks ”.
  • (7) In paragraph 4 omit “EC”.

Article 6a of Regulation (EC) No 552/2004

60

In Article 6a (alternative verification of compliance) omit “EC” in the second and third places it occurs.

Article 7 of Regulation (EC) No 552/2004

61
  • (1) Article 7 (safeguards) is amended as follows.
  • (2) In paragraph 1—
  • (a) in sub-paragraph (a) for “an EC” substitute “ a ”, and
  • (b) in sub-paragraph (b) omit “EC”.
  • (3) Omit paragraphs 2 to 6.

Annex 3 to Regulation (EC) No 552/2004

62
  • (1) Annex 3 (constituents) is amended as follows.
  • (2) Omit “EC” in each place it occurs.
  • (3) For “declaration”, in the first place it occurs, substitute “ Declaration ”.
  • (4) In point 1—
  • (a) for “will be” substitute “ are ”, and
  • (b) omit “in accordance with the provisions of Article 3 of this Regulation”.
  • (5) In point 2—
  • (a) for “notified” substitute “ appointed ”, and
  • (b) for “93/465/EC” substitute “ 768/2008/EC ”.
  • (6) In point 3—
  • (a) in the second indent—
  • (i) after “manufacturer or” insert “ , if the manufacturer is not established in the United Kingdom, ”, and
  • (ii) for “Community” substitute “ United Kingdom ”,
  • (b) in the sixth indent for “notified” substitute “ appointed ”, and
  • (c) in the eight indent—
  • (i) after “manufacturer or” insert “ , if the manufacturer is not established in the United Kingdom, ”, and
  • (ii) for “Community” substitute “ United Kingdom ”.

Annex 4 to Regulation (EC) No 552/2004

63
  • (1) Annex 4 (systems) is amended as follows.
  • (2) Omit “EC” in each place it occurs.
  • (3) For “declaration”, in the first place it occurs, substitute “ Declaration ”.
  • (4) In point 1, in the fifth indent for “notified” substitute “ appointed ”.
  • (5) In point 2—
  • (a) for “a notified” substitute “ an appointed ”, and
  • (b) for “the notified” substitute “ the appointed ”.
  • (6) In point 3—
  • (a) in the second indent for “as referred to in Article 3 of this Regulation” substitute “ identified in the relevant implementing rules for interoperability ”,
  • (b) in the third indent for “notified” substitute “ appointed ”, and
  • (c) in each of the fourth and fifth indents for “a notified” substitute “ an appointed ”.
  • (7) In point 4 omit the last sentence.

CHAPTER 5 — Revocation of Council Regulation (EC) No 219/2007

Council Regulation (EC) No 219/2007

64

Council Regulation (EC) No 219/2007 of 27 February 2007 on the establishment of a Joint Undertaking to develop the new generation European air traffic management system (SESAR) is revoked.

CHAPTER 6 — Amendment of Commission Regulation (EC) No 482/2008

Commission Regulation (EC) No 482/2008: introduction

65

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Article 2 of Commission Regulation (EC) No 482/2008

66

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Article 3 of Commission Regulation (EC) No 482/2008

67

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Article 4 of Commission Regulation (EC) No 482/2008

68

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Article 5 of Commission Regulation (EC) No 482/2008

69

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Article 7 of Commission Regulation (EC) No 482/2008

70

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Further amendment of Commission Regulation (EC) No 482/2008

71

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annex 1 to Commission Regulation (EC) No 482/2008

72

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annex 2 to Commission Regulation (EC) No 482/2008

73

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

CHAPTER 7 — Revocation of Council Regulation (EC) No 1361/2008

Council Regulation (EC) No 1361/2008

74

Council Regulation (EC) No 1361/2008 of 16 December 2008 amending Regulation (EC) No 219/2007 on the establishment of a Joint Undertaking to develop the new generation European air traffic management system (SESAR) is revoked.

CHAPTER 8 — Amendment of Regulation (EC) No 1070/2009

Regulation (EC) No 1070/2009: introduction

75

Regulation (EC) No 1070/2009 of the European Parliament and of the Council of 21 October 2009 amending Regulations (EC) No 549/2004, (EC) No 550/2004, (EC) No 551/2004 and (EC) No 552/2004 in order to improve the performance and sustainability of the European aviation system is amended in accordance with regulations 76 to 81.

Article 1 of Regulation (EC) No 1070/2009

76

In Article 1 omit—

  • (a) paragraph 4 (which substitutes a new Article 5(4) for Article 5(4) of Regulation (EC) No 549/2004),
  • (b) paragraph 5 (which substitutes new Articles 6 to 11 for Articles 6 to 11 of that Regulation), and
  • (c) paragraph 7 (which inserts Article 13a of that Regulation).

Article 2 of Regulation (EC) No 1070/2009

77

In Article 2 omit—

  • (a) paragraph 5 (which inserts Articles 9a and 9b into Regulation (EC) No 550/2004),
  • (b) paragraph 6 (which substitutes a new Article 11 for Article 11 of that Regulation),
  • (c) paragraph 8 (which substitutes a new Article 14 for Article 14 of that Regulation),
  • (d) paragraph 9 (which substitutes a new Article 15 for Article 15 of that Regulation), and
  • (e) paragraph 12 (which inserts Article 18a into that Regulation).

Article 3 of Regulation (EC) No 1070/2009

78

In Article 3 omit paragraph 2 (which substitutes a new Article 3 for Article 3 of Regulation (EC) No 551/2004).

Article 4 of Regulation (EC) No 1070/2009

79

In Article 4 omit—

  • (a) paragraph 2 (which substitutes a new Article 9 for Article 9 of Regulation (EC) No 552/2004),
  • (b) paragraph 3 (which inserts a new paragraph 2a of Article 10 of that Regulation), and
  • (c) paragraph 4 (which amends Annex 2 to that Regulation).

Article 4 of Regulation (EC) No 1070/2009

80

Omit Article 5 (entry into force).

Further amendment of Regulation (EC) No 1070/2009

81

After Article 5 omit the sentence which begins “This Regulation shall be binding”.

CHAPTER 9 — Revocation of Council Regulation (EU) No 721/2014

Council Regulation (EU) No 721/2014

82

Council Regulation (EU) No 721/2014 of 16 June 2014 amending Regulation (EC) No 219/2007 on the establishment of a Joint Undertaking to develop the new generation European air traffic management system (SESAR) as regards the extension of the Joint Undertaking until 2024 is revoked.

PART 3 — Amendment and revocation of retained direct minor EU legislation

CHAPTER 1 — Amendment of Commission Regulation (EC) No 2150/2005

Regulation (EC) No 2150/2005: introduction

83

Commission Regulation (EC) No 2150/2005 of 23 December 2005 laying down common rules for the flexible use of airspace is amended in accordance with paragraphs 84 to 95.

Article 1 of Regulation (EC) No 2150/2005

84
  • (1) Article 1 (subject matter) is amended as follows.
  • (2) In the first unnumbered paragraph—
  • (a) for “Single European Sky” substitute “ UK ATMS and in relation to the EATMN ”, and
  • (b) omit “within the limits of the common transport policy”.
  • (3) In the second unnumbered paragraph for “Member States” substitute “ the United Kingdom ”.

Article 2 of Regulation (EC) No 2150/2005

85

In Article 2 (definitions), in paragraph 2, in point (a) for “the airspace under the responsibility of one or more Member States” substitute “ airspace ”.

Article 3 of Regulation (EC) No 2150/2005

86

In Article 3 (principles) in point (d), for “Member States” substitute “ the CAA ”.

Article 4 of Regulation (EC) No 2150/2005

87
  • (1) Article 4 (strategic airspace management (level 1)) is amended as follows.
  • (2) In paragraph 1—
  • (a) in the words before point (a) for “Member States” substitute “ The Secretary of State ”,
  • (b) in each of points (h) and (i) after “neighbouring” insert “ states which are ”,
  • (c) in point (j)—
  • (i) after “neighbouring” insert “ states which are ”, and
  • (ii) omit “throughout the Community”,
  • (d) in point (k) after “neighbouring” insert “ states which are ”, and
  • (e) in point (l) omit “the persons or organisations as referred to in paragraph 3 and”.
  • (3) In paragraph 2 for “In those Member States where” substitute “ Where ”.
  • (4) Omit paragraph 3.

Article 5 of Regulation (EC) No 2150/2005

88
  • (1) Article 5 (pre-tactical airspace management (level 2)) is amended as follows.
  • (2) In paragraph 1 for “Member States” substitute “ The Secretary of State ”.
  • (3) In the unnumbered paragraph after paragraph 1 for “In those Member States where” substitute “ Where ”.
  • (4) In paragraph 2—
  • (a) for “Two or more Member States” substitute “ The Secretary of State ”,
  • (b) after “establish” insert “ or participate in ”, and
  • (c) at the end insert “ with one or more Member States ”.
  • (5) In paragraph 3 for “Member States” substitute “ The Secretary of State ”.

Article 6 of Regulation (EC) No 2150/2005

89
  • (1) Article 6 (tactical airspace management (level 3)) is amended as follows.
  • (2) In each of paragraphs 1 to 4 for “Member States” substitute “ The Secretary of State ”.
  • (3) In paragraph 5 for “Member States shall” substitute “ the Secretary of State must endeavour to ”.

Article 7 of Regulation (EC) No 2150/2005

90

In Article 7 (safety assessment)—

  • (a) for “Member States” substitute “ The Secretary of State ”,
  • (b) omit “they introduce”, and
  • (c) at the end insert “ are introduced ”.

Article 8 of Regulation (EC) No 2150/2005

91

In Article 8 (reporting) for “Member States” substitute “ CAA ”.

Article 9 of Regulation (EC) No 2150/2005

92

In Article 9 (compliance monitoring) for “Member States” substitute “ The CAA ”.

Article 10 of Regulation (EC) No 2150/2005

93

Omit Article 10 (entry into force).

Further amendment of Regulation (EC) No 2150/2005

94

After Article 10 omit the sentence which begins “This Regulation shall be binding”.

Annex to Regulation (EC) No 2150/2005

95

In the Annex (list of elements required for the annual report on the application of the flexible use of airspace), in the fifth indent after “between” insert “ the United Kingdom and ”.

CHAPTER 2 — Amendment of Commission Regulation (EC) No 1032/2006

Commission Regulation (EC) No 1032/2006: introduction

96

Commission Regulation (EC) No 1032/2006 of 6 July 2006 laying down requirements for automatic systems for the exchange of flight data for the purpose of notification, coordination and transfer of flights between air traffic control units is amended in accordance with regulations 97 to 106.

Article 3 of Commission Regulation (EC) No 1032/2006

97
  • (1) Article 3 (interoperability and performance requirements) is amended as follows.
  • (2) In paragraph 4 for “Member States” substitute “ The Secretary of State ”.
  • (3) In paragraph 5 for “Member States” substitute “ the Secretary of State ”.

Article 4 of Commission Regulation (EC) No 1032/2006

98

In Article 4 (quality of service requirements), in paragraph 2 for “Member States” substitute “ The Secretary of State ”.

Article 6 of Commission Regulation (EC) No 1032/2006

99

In Article 6 (safety requirements), in the first unnumbered paragraph for “Member States” substitute “ The CAA ”.

Article 7 of Commission Regulation (EC) No 1032/2006

100

In Article 7 (conformity or suitability for use of constituents) for “an EC” substitute “ a ”.

Article 8 of Commission Regulation (EC) No 1032/2006

101
  • (1) Article 8 (verification of systems) is amended as follows.
  • (2) In paragraph 2 for “a notified” substitute “ an appointed ”.
  • (3) In paragraph 3 for “Member States” substitute “ The Secretary of State ”.

Article 9 of Commission Regulation (EC) No 1032/2006

102

Omit Article 9 (compliance).

Article 10 of Commission Regulation (EC) No 1032/2006

103

Omit Article 10 (transitional arrangements).

Article 11 of Commission Regulation (EC) No 1032/2006

104

Omit Article 11 (entry into force).

Further amendment of Commission Regulation (EC) No 1032/2006

105

After Article 11 omit the sentence which begins “This Regulation shall be binding”.

Annex 4 to Commission Regulation (EC) No 1032/2006

106
  • (1) Annex 4 is amended as follows.
  • (2) In Part A (requirements for the assessment of the conformity or suitability for use of constituents referred to in Article 7), in point 4 omit “EC”.
  • (3) In Part B (requirements for the verification of systems referred to in Article 8(1)), in point 7—
  • (a) omit “EC”, and
  • (b) for “national supervisory authority” substitute “ CAA ”.
  • (4) In Part C (requirements for the verification of systems referred to in Article 8(2))—
  • (a) in point 5 for “a notified” substitute “ an appointed ”,
  • (b) in each of points 6 to 8 for “notified” substitute “ appointed ”, and
  • (c) in point 9—
  • (i) omit “EC”, and
  • (ii) for “national supervisory authority” substitute “ CAA ”.

CHAPTER 3 — Amendment of Commission Regulation (EC) No 1033/2006

Commission Regulation (EC) No 1033/2006: introduction

107

Commission Regulation (EC) No 1033/2006 of 4 July 2006 laying down the requirements on procedures for flight plans in the pre-flight phase for the single European sky is amended in accordance with regulations 108 to 113.

Article 2 of Commission Regulation (EC) No 1033/2006

108

In Article 2 (definitions), in paragraph 2, in point 6—

  • (a) omit “within the European Air Traffic Management Network”, and
  • (b) for “covered by this Regulation” substitute “ under the responsibility of the States participating in that service ”.

Article 3 of Commission Regulation (EC) No 1033/2006

109

In Article 3 (interoperability and performance requirements), in each of paragraphs 2, 3 and 8 for “Member States” substitute “ The Secretary of State ”.

Article 4 of Commission Regulation (EC) No 1033/2006

110

In Article 4 (safety requirements) for “Member States” substitute “ The CAA ”.

Article 5 of Commission Regulation (EC) No 1033/2006

111
  • (1) Article 5 (additional requirements) is amended as follows.
  • (2) In each of paragraphs 2 and 4 for “Member States” substitute “ The Secretary of State ”.
  • (3) Omit paragraph 5.

Article 6 of Commission Regulation (EC) No 1033/2006

112

Omit Article 6 (entry into force and application).

Further amendment of Commission Regulation (EC) No 1033/2006

113

After Article 6 omit the sentence which begins “This Regulation shall be binding”.

CHAPTER 4 — Amendment of Commission Regulation (EC) No 633/2007

Commission Regulation (EC) No 633/2007: introduction

114

Commission Regulation (EC) No 633/2007 of 7 June 2007 laying down requirements for the application of a flight message transfer protocol used for the purpose of notification, coordination and transfer of flights between air traffic control units is amended in accordance with regulations 115 to 123.

Article 3 of Commission Regulation (EC) No 633/2007

115

In Article 3 (application of the flight message transfer protocol), in paragraph 2 for “Member States” substitute “ The Secretary of State ”.

Article 4 of Commission Regulation (EC) No 633/2007

116

In Article 4 (conformity assessment of constituents) for “an EC” substitute “ a ”.

Article 5 of Commission Regulation (EC) No 633/2007

117
  • (1) Article 5 (verification of systems) is amended as follows.
  • (2) In paragraph 2 for “a notified” substitute “ an appointed ”.
  • (3) In paragraph 3 for “Member States” substitute “ The Secretary of State ”.

Article 6 of Commission Regulation (EC) No 633/2007

118

Omit Article 6 (compliance).

Article 7 of Commission Regulation (EC) No 633/2007

119

Omit Article 7 (transitional arrangements).

Article 8 of Commission Regulation (EC) No 633/2007

120

Omit Article 8 (entry into force and application).

Further amendment of Commission Regulation (EC) No 633/2007

121

After Article 8 omit the sentence which begins “This Regulation shall be binding”.

Annex 2 to Commission Regulation (EC) No 633/2007

122

In Annex 2 (requirements for the assessment of conformity of constituents carried out under Article 4), in point 4 omit “EC” in the first place it occurs.

Annex 4 to Commission Regulation (EC) No 633/2007

123
  • (1) Annex 4 is amended as follows.
  • (2) In Part A (requirements for the verification of systems carried out under Article 5(1)), in point 7—
  • (a) omit “EC” in the first place it occurs, and
  • (b) for “national supervisory authority” substitute “ CAA ”.
  • (3) In Part B (requirements for the verification of systems carried out under Article 5(2))—
  • (a) in point 5 for “a notified” substitute “ an appointed ”,
  • (b) in each of points 6 to 8 for “notified” substitute “ appointed ”, and
  • (c) in point 9—
  • (i) omit “EC” in the first place it occurs, and
  • (ii) for “national supervisory authority” substitute “ CAA ”.

CHAPTER 5 — Amendment of Commission Regulation (EC) No 29/2009

Commission Regulation (EC) No 29/2009: introduction

124

Commission Regulation (EC) No 29/2009 of 16 January 2009 laying down requirements on data link services for the single European sky is amended in accordance with regulations 125 to 139.

Article 1 of Commission Regulation (EC) No 29/2009

125
  • (1) Article 1 (subject matter and scope) is amended as follows.
  • (2) In paragraph 1 omit “coordinated”.
  • (3) In paragraph 3 for “defined in Parts A and B of Annex 1” substitute “ under the responsibility of the United Kingdom ”.

Article 2 of Commission Regulation (EC) No 29/2009

126

In Article 2 (definitions), in point 13—

  • (a) omit “within the European Air Traffic Management Network”, and
  • (b) for “covered by this Regulation” substitute “ under the responsibility of the States participating in that service ”.

Article 3 of Commission Regulation (EC) No 29/2009

127

In Article 3 (data link services), in paragraph 4—

  • (a) for “Member States which decide” substitute “ If the Secretary of State decides ”, and
  • (b) after “requirements,” insert “ the Secretary of State ”.

Article 7 of Commission Regulation (EC) No 29/2009

128
  • (1) Article 7 (general obligations of Member States for data link communications) is amended as follows.
  • (2) In the heading for “Member States” substitute “ the CAA ”.
  • (3) In paragraph 1—
  • (a) for “Member States which have designated ATS providers in the airspace referred to in Article 1(3)” substitute “ The CAA ”, and
  • (b) for “their” substitute “ its ”.
  • (4) In each of paragraphs 2 and 3 for “Member States” substitute “ The CAA ”.

Article 8 of Commission Regulation (EC) No 29/2009

129

In Article 8 (data link communication for transport type State aircraft) for “Member States”, in each of paragraphs 1 to 3, substitute “ The Secretary of State ”.

Article 10 of Commission Regulation (EC) No 29/2009

130

In Article 10 (safety requirements) for “Member States” substitute “ The CAA ”.

Article 11 of Commission Regulation (EC) No 29/2009

131
  • (1) Article 11 (conformity or suitability for use of constituents) is amended as follows.
  • (2) The first unnumbered paragraph becomes paragraph 1.
  • (3) In that paragraph—
  • (a) for “an EC” substitute “ a ”,
  • (b) after “, or” insert “ if the manufacturer is not established in the United Kingdom ”, and
  • (c) for “Community” substitute “ United Kingdom ”.
  • (4) The second unnumbered paragraph becomes paragraph 2.

Article 12 of Commission Regulation (EC) No 29/2009

132

In Article 12 (verification of systems), in paragraph 2 for “a notified” substitute “ an appointed ”.

Article 13 of Commission Regulation (EC) No 29/2009

133

In Article 13 (additional requirements), in each of paragraphs 4, 7 and 8 for “Member States” substitute “ The Secretary of State ”.

Article 14 of Commission Regulation (EC) No 29/2009

134

Omit Article 14 (exemptions).

Article 15 of Commission Regulation (EC) No 29/2009

135

Omit Article 15 (entry into force and application).

Further amendment of Commission Regulation (EC) No 29/2009

136

After Article 15 omit the sentence which begins “This Regulation shall be binding”.

Annex 1 to Commission Regulation (EC) No 29/2009

137

Omit Annex 1 (airspace referred to in Article 1(3)).

Annex 5 to Commission Regulation (EC) No 29/2009

138

In Annex 5 (requirements for the assessment referred to in Article 11 of the conformity or suitability for use of constituents), in point 4 omit “EC” in the first place it occurs.

Annex 7 to Commission Regulation (EC) No 29/2009

139
  • (1) Annex 7 is amended as follows.
  • (2) In Part A (requirements for the verification of systems referred to in Article 12(1)), in point 7—
  • (a) omit “EC” in the first place it occurs, and
  • (b) for “national supervisory authority” substitute “ CAA ”.
  • (3) In Part B (requirements for the verification of systems referred to in Article 12(2))—
  • (a) in point 5 for a “a notified” substitute “ an appointed ”,
  • (b) in each of points 6 to 8 for “notified” substitute “ appointed ”, and
  • (c) in point 9—
  • (i) omit “EC” in the first place it occurs, and
  • (ii) for “national supervisory authority” substitute “ CAA ”.

CHAPTER 6 — Amendment of Commission Regulation (EC) No 262/2009

Commission Regulation (EC) No 262/2009: introduction

140

Commission Regulation (EC) No 262/2009 of 30 March 2009 laying down requirements for the coordinated allocation and use of Mode S interrogator codes for the single European sky is amended in accordance with regulations 141 to 154.

Article 2 of Commission Regulation (EC) No 262/2009

141
  • (1) Article 2 (definitions) is amended as follows.
  • (2) In point 11—
  • (a) omit “within the European Air Traffic Management Network”, and
  • (b) for “Member States” substitute “ States participating in that service ”.
  • (3) In point 13 for “Member States” substitute “ States participating in that service ”.
  • (4) In point 19(a) for “Regulation (EC) No 2096/2005” substitute “ Implementing Regulation (EU) No 1035/2011, as that Regulation has effect in EU law as amended from time to time ”.
  • (5) At the end insert—

(25) “third country” means a country or territory other than: (a) the United Kingdom, or (b) a Member State.

Article 4 of Commission Regulation (EC) No 262/2009

142
  • (1) Article 4 (associated procedures for Mode S operators) is amended as follows.
  • (2) In paragraph 1 after “from” insert “ the CAA or ”.
  • (3) In paragraph 2—
  • (a) for “competent Member State” substitute “ CAA ”, and
  • (b) at the end insert “ , unless a Member State is the competent Member State in relation to the operator ”.
  • (4) In paragraph 4—
  • (a) after “operators” insert “ that have received an interrogator code allocation from the CAA ”, and
  • (b) for “competent Member State” substitute “ CAA ”.

Article 5 of Commission Regulation (EC) No 262/2009

143
  • (1) Article 5 (associated procedures for Member States) is amended as follows.
  • (2) In the heading for “Member States” substitute “ the CAA ”.
  • (3) In paragraph 1 for “Member States” substitute “ The CAA ”.
  • (4) In paragraph 2—
  • (a) in the words before point (a) for “Member States” substitute “ The CAA ”,
  • (b) in point (c)(ii) for “Member States” substitute “ CAA if the United Kingdom is ”, and
  • (c) in point (c)(iv)—
  • (i) for “Member States” substitute “ the CAA ”, and
  • (ii) omit “national”.
  • (5) Omit paragraphs 3 and 4.
  • (6) In paragraph 5—
  • (a) for “Member States referred to in paragraph 3” substitute “ The CAA ”,
  • (b) for “their” substitute “the United Kingdom's”, and
  • (c) omit “other”.
  • (7) In paragraph 6 for “Member States referred to in paragraph 3” substitute “ The CAA ”.
  • (8) In paragraph 7—
  • (a) for “Member States” substitute “ The CAA ”, and
  • (b) omit “other”.
  • (9) In paragraph 8—
  • (a) for “a Member State” substitute “ the United Kingdom ”, and
  • (b) for “the Member State concerned” substitute “ the CAA ”.

Article 7 of Commission Regulation (EC) No 262/2009

144

In Article 7 (contingency requirements), in paragraph 3 for “competent Member State” substitute “ CAA ”.

Article 8 of Commission Regulation (EC) No 262/2009

145

In Article 8 (civil-military coordination), in each of paragraphs 1 to 3 for “Member States” substitute “ The Secretary of State ”.

Article 9 of Commission Regulation (EC) No 262/2009

146

In Article 9 (safety requirements), in paragraph 2 for “Member States” substitute “ The CAA ”.

Article 10 of Commission Regulation (EC) No 262/2009

147

In Article 10 (conformity assessment)—

  • (a) for “an EC” substitute “ a ”,
  • (b) after “, or” insert “ if the manufacturer is not established in the United Kingdom ”, and
  • (c) for “Community” substitute “ United Kingdom ”.

Article 11 of Commission Regulation (EC) No 262/2009

148

In Article 11 (verification of systems), in paragraph 2 for “a notified” substitute “ an appointed ”.

Article 12 of Commission Regulation (EC) No 262/2009

149

In Article 12 (additional requirements), in each of paragraphs 3 and 4 for “Member States” substitute “ The CAA ”.

Article 13 of Commission Regulation (EC) No 262/2009

150

Omit Article 13 (entry into force and application).

Further amendment of Commission Regulation (EC) No 262/2009

151

After Article 13 omit the sentence which begins “This Regulation shall be binding”.

Annex 2 to Commission Regulation (EC) No 262/2009

152
  • (1) Annex 2 is amended as follows.
  • (2) In Part A (requirements concerning the application for interrogator codes referred to in Articles 4(2), 5(1) and 5(2))—
  • (a) in point (a) for “competent Member State” substitute “ CAA ”, and
  • (b) omit point (b).
  • (3) In Part B (requirements concerning the allocation of interrogator codes referred to in Articles 2(10), 4(3) and 4(4)), in point (a) for “competent Member State” substitute “ CAA ”.

Annex 4 to Commission Regulation (EC) No 262/2009

153
  • (1) Annex 4 is amended as follows.
  • (2) In Part A (requirements for the assessment of the conformity or suitability for use of constituents of the systems referred to in Article 10), in point 2—
  • (a) after “manufacturer, or” insert “ if the manufacturer is not established in the United Kingdom ”, and
  • (b) for “Community” substitute “ United Kingdom ”.
  • (3) In Part B (internal production control module)—
  • (a) in point 1—
  • (i) after “manufacturer or”, in both places those words occur, insert “ , if the manufacturer is not established in the United Kingdom ”, and
  • (ii) for “Community”, in both places it occurs, substitute “ United Kingdom ”,
  • (b) in point 2—
  • (i) for “he or his” substitute “the manufacturer, or if the manufacturer is not established in the United Kingdom the manufacturer's”,
  • (ii) for “Community”, in both places it occurs, substitute “ United Kingdom ”,
  • (iii) for “relevant national supervisory authorities” substitute “ CAA ”,
  • (iv) after “The manufacturer or” insert “ , if the manufacturer is not established in the United Kingdom ”, and
  • (v) for “Member States” substitute “ CAA ”, and
  • (c) in point 3—
  • (i) for “Community”, in both places it occurs, substitute “ United Kingdom ”, and
  • (ii) for “Member States” substitute “ CAA ”.

Annex 6 to Commission Regulation (EC) No 262/2009

154
  • (1) Annex 6 is amended as follows.
  • (2) In Part A (requirements for the verification of systems referred to in Article 11(1)), in point 7—
  • (a) omit “EC” in the first place it occurs, and
  • (b) for “national supervisory authority” substitute “ CAA ”.
  • (3) In Part B (requirements for the verification of systems referred to in Article 11(2))—
  • (a) in point 5 for “a notified” substitute “ an appointed ”,
  • (b) in each of points 6 to 8 for “notified” substitute “ appointed ”, and
  • (c) in point 9—
  • (i) omit “EC” in the first place it occurs, and
  • (ii) for “national supervisory authority” substitute “ CAA ”.

CHAPTER 7 — Amendment of Commission Regulation (EU) No 73/2010

Commission Regulation (EU) No 73/2010: introduction

155

Commission Regulation (EU) No 73/2010 of 26 January 2010 laying down requirements on the quality of aeronautical data and aeronautical information for the single European sky is amended in accordance with regulations 156 to 170.

Article 2 of Commission Regulation (EU) No 73/2010

156

In Article 2 (scope), in paragraph 1—

  • (a) for “European air traffic management network (EATMN)” substitute “ United Kingdom air traffic management system (UK ATMS) ”, and
  • (b) in each of points (a) to (d) for “Member States” substitute “ the Secretary of State ”.

Article 5 of Commission Regulation (EU) No 73/2010

157
  • (1) Article 5 (data exchange) is amended as follows.
  • (2) In paragraph 3 for “Member States” substitute “ The Secretary of State ”.
  • (3) In paragraph 4 for “a Member State” substitute “ the Secretary of State ”.

Article 6 of Commission Regulation (EU) No 73/2010

158

In Article 6 (data quality), in paragraph 1 for “Member States” substitute “ The CAA ”.

Article 7 of Commission Regulation (EU) No 73/2010

159
  • (1) Article 7 (consistency, timeliness and personnel performance) is amended as follows.
  • (2) In paragraph 1—
  • (a) for “more than one Member State” substitute “ the United Kingdom and one or more Member States ”, and
  • (b) for “those AIPs” substitute “ the AIP of the United Kingdom ”.
  • (3) In paragraph 2 for “their Member State” substitute “ the United Kingdom ”.

Article 11 of Commission Regulation (EU) No 73/2010

160

In Article 11 (conformity or suitability for use of constituents)—

  • (a) omit “EC” in the first place it occurs,
  • (b) after “, or” insert “ if the manufacturer is not established in the United Kingdom ”, and
  • (c) for “Union” substitute “ United Kingdom ”.

Article 12 of Commission Regulation (EU) No 73/2010

161

In Article 12 (verification of systems), in paragraph 2 for “a notified” substitute “ an appointed ”.

Article 14 of Commission Regulation (EU) No 73/2010

162

Omit Article 14 (transitional provisions).

Article 15 of Commission Regulation (EU) No 73/2010

163

Omit Article 15 (entry into force and application).

Further amendment of Commission Regulation (EU) No 73/2010

164

After Article 15 omit the sentence which begins “This Regulation shall be binding”.

Annex 1 to Commission Regulation (EU) No 73/2010

165

In Annex 1 (data set specifications referred to in Article 4), in Part A (IAIP, aerodrome mapping and electronic obstacle data), in point 2 for “national supervisory authority” substitute “ CAA ”.

Annex 2 to Commission Regulation (EU) No 73/2010

166

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