The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019

Made: 21st March 2019

Coming into force in accordance with regulation 1

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

These Regulations may be cited as the Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 and they come into force on exit day.

PART 2 — Amendment of subordinate legislation

Amendment of the Civil Aviation Authority Regulations 1991

2

The Civil Aviation Authority Regulations 1991[^f00002] are amended in accordance with regulations 3 and 4.

3

In regulation 6 (regulation of the conduct of the authority)—

• (a) in paragraph (1), after “The functions conferred on the Authority by or under Air Navigation Orders”, insert “or other retained EU law regarding aviation safety”;

• (b) in paragraph (8)(a), after “an Air Navigation Order” insert “or under other retained EU law regarding aviation safety”.

4

In regulation 25 (hearings in connection with licences), in paragraph (1)(c), after “an Air Navigation Order” insert “or under other retained EU law regarding aviation safety”.

Amendment of the Air Navigation Order 2016

5

The Air Navigation Order 2016[^f00003] is amended in accordance with Schedule 1.

PART 3 — Amendment of principal EU Regulations

CHAPTER 1 — Amendment of Council Regulation (EEC) No 3922/91

Council Regulation (EEC) No 3922/91 (technical harmonization)

6

Council Regulation (EEC) No 3922/91 of 16 December 1991 on the harmonization of technical requirements and administrative procedures in the field of civil aviation is amended in accordance with regulations 7 to 14.

Amendment of Article 1 of Council Regulation (EEC) No 3922/91

7

• (1) Article 1 is amended as follows.

• (2) For paragraph 1 substitute—

(1) This Regulation applies to technical requirements and administrative procedures in the field of civil aviation safety related to the operation and maintenance of air taxi, emergency medical service and single pilot commercial air transport operations by aeroplanes, and persons and organisations involved in such tasks, until such time as detailed rules are introduced pursuant to Article 32(1)(a) of Regulation 2018/1139..

• (3) In paragraph 2—

• (a) for “a Member State” substitute “the United Kingdom”;

• (b) after “third country” insert “(which in this Regulation means any country or territory other than the United Kingdom)”.

• (4) Omit paragraphs 3 and 4.

Amendment of Article 2 of Council Regulation (EEC) No 3922/91

8

• (1) Article 2 is amended as follows.

• (2) In paragraph (a)—

• (a) in both places it occurs, for “a Member State” substitute “the United Kingdom”;

• (b) for “that Member State” substitute “the United Kingdom”;

• (c) in the first place it occurs, for “Community” substitute “United Kingdom”;

• (d) for “Community legislation” substitute “Regulation (EC) No 1008/2008 of the Parliament and of the Council on common rules for the operation of air services”.

• (3) Omit paragraph (g).

• (4) For paragraph (i) substitute—

(i) ‘the CAA’ means the Civil Aviation Authority.

Amendment of Article 3 of Council Regulation (EEC) No 3922/91

9

Article 3 , paragraph 1, is amended as follows—

• (a) for “Without prejudice to Article 11, the common” substitute “The”;

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

• (c) for “commercial transportation by aeroplane” substitute “air taxi, emergency medical service and single pilot commercial air transport operations”.

Amendment of Articles 4 to 7 of Council Regulation (EEC) No 3922/91

10

Omit Articles 4 to 7.

Amendment of Article 8 of Council Regulation (EEC) No 3922/91

11

• (1) Article 8 is amended as follows.

• (2) Omit paragraph 1.

• (3) In paragraph 2—

• (a) in the first subparagraph, for “A Member State” substitute “The CAA”;

• (b) omit the subparagraphs following the first subparagraph.

• (4) Omit paragraph 3.

• (5) In paragraph 4—

• (a) for the words from the start to “Member State” substitute “The Secretary of State”;

• (b) omit the words from “until Community rules” to the end.

Amendment of Articles 8a to 13 of Council Regulation (EEC) No 3922/91

12

Omit Articles 8a to 13.

Further amendment of Council Regulation (EEC) No 3922/91

13

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

Amendment of Annex III to Council Regulation (EEC) No 3922/91

14

• (1) Annex III, Subpart Q (flight and duty time limitations and rest requirements) is amended as follows.

• (2) In point OPS.1.1090—

• (a) in point 2.1(b), for “Authority” substitute “CAA”;

• (b) in point 5—

• (i) in the heading, for “Civil Aviation Authorities” substitute “the CAA”;

• (ii) in point 5.1.1—

• (aa) for “Authority” substitute “CAA”;

• (bb) for “Member States concerned” substitute “United Kingdom”;

• (iii) in point 5.1.2, for “Authority” substitute “CAA”.

• (3) In points OPS.1.1095 to OPS.1.1125, in each place it occurs, for “Authority” substitute “CAA”.

• (4) In point OPS.1.1135(4), omit “or longer if required in accordance with national laws”.

CHAPTER 2 — Amendment of Regulation (EC) No 2111/2005

Regulation (EC) No 2111/2005 (banned operator list)

15

Regulation (EC) No 2111/2005 of the European Parliament and of the Council of 14 December 2005 on the establishment of a Community list of air carriers subject to an operating ban within the Community and on informing air transport passengers of the identity of the operating air carrier, and repealing Article 9 of Directive 2004/36/EC is amended in accordance with regulations 16 to 33.

Amendment of the title of Regulation (EC) No 2111/2005

16

The title is amended as follows—

• (a) in the first place it occurs, omit “Community”;

• (b) in the second place it occurs, for “Community” substitute “United Kingdom”.

Amendment of Article 1 of Regulation (EC) No 2111/2005

17

• (1) Article 1 (subject matter) is amended as follows.

• (2) In paragraph 1, in point (a)—

• (a) for “Community list, based on common criteria” substitute “list, based on the criteria in the Annex”;

• (b) in the second place it occurs, for “Community” substitute “United Kingdom”.

• (3) Omit paragraphs 2 and 3.

Amendment of Article 2 of Regulation (EC) No 2111/2005

18

• (1) Article 2 (definitions) is amended as follows.

• (2) In point (f), for the words from “means” to the end substitute “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”.

• (3) In point (g)—

• (a) after “‘operating ban’ means” insert “a decision under article 250(1A) of the Air Navigation Order 2016, or”;

• (b) in both places it occurs, for “Community” substitute “United Kingdom”.

• (4) In point (h), for “Article 2(1) of Directive 90/314/EEC” substitute “regulation 2(5) of the Package Travel and Linked Travel Arrangements Regulations 2018[^f00004]”.

• (5) In point (j), for “relevant Community law” substitute “any relevant enactment”.

• (6) After point (j) insert—

(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.

Amendment of the heading for Chapter 2 of Regulation (EC) No 2111/2005

19

In the heading for Chapter 2, for “Community” substitute “United Kingdom Safety”.

Amendment of Article 3 of Regulation (EC) No 2111/2005

20

• (1) Article 3 (establishment of the Community list) is amended as follows.

• (2) In the heading, for “Community” substitute “United Kingdom Safety”.

• (3) In paragraph 1—

• (a) in the first sentence—

• (i) in the first place it occurs, for “Community” substitute “United Kingdom on safety grounds”;

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

• (iii) after “be established” insert “by the Secretary of State”;

• (b) omit the second sentence.

• (4) In paragraph 2—

• (a) in the first place it occurs, omit “common”;

• (b) for “imposing an operating ban on an air carrier” substitute “including an air carrier on the United Kingdom safety list”;

• (c) in the second place the words occur, for “common criteria” substitute “criteria in the Annex”;

• (d) for “ The Commission is empowered to adopt delegated acts in accordance with Article 14a amending the Annex in order to modify the common criteria” substitute “The Secretary of State may modify the Annex by regulations”;

• (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) Omit paragraphs 3 and 4.

Amendment of Article 4 of Regulation (EC) No 2111/2005

21

• (1) Article 4 (updating of the Community list) is amended as follows.

• (2) In the heading, for “Community” substitute “United Kingdom safety”.

• (3) In paragraph 1—

• (a) at the start, for “Community” substitute “United Kingdom safety”;

• (b) for point (a) substitute—

(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;

• (c) in point (b)—

• (i) in the first two places it occurs, for “Community” substitute “United Kingdom safety”;

• (ii) for “common criteria” substitute “criteria in the Annex”;

• (iii) in the third place it occurs, for “Community” substitute “United Kingdom safety”;

• (d) for point (c) substitute—

(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.

• (4) In paragraph 2—

• (a) for the words from the start to “Member State,” substitute “The Secretary of State, having consulted the CAA,”;

• (b) in the first place it occurs, for “Community” substitute “United Kingdom safety”;

• (c) for the words from “in accordance with” to “common criteria” substitute “on the basis of the criteria in the Annex”;

• (d) in the second place it occurs, for “Commission” substitute “Secretary of State”;

• (e) in the second place it occurs, for “Community” substitute “United Kingdom safety”.

• (5) Omit paragraph 3.

Amendment of Article 5 of Regulation (EC) No 2111/2005

22

Omit Article 5 (provisional measures for updating of the Community list).

Amendment of Article 6 of Regulation (EC) No 2111/2005

23

Omit Article 6 (exceptional measures).

Amendment of Article 7 of Regulation (EC) No 2111/2005

24

Omit Article 7 (rights of defence).

Amendment of Article 8 of Regulation (EC) No 2111/2005

25

Omit Article 8 (detailed rules).

Amendment of Article 9 of Regulation (EC) No 2111/2005

26

• (1) Article 9 (publication) is amended as follows.

• (2) In paragraph 1—

• (a) for “Community” substitute “United Kingdom safety”;

• (b) for “in the Official Journal of the European Union” substitute “by the CAA on the CAA website”.

• (3) In paragraph 2—

• (a) for “The Commission and the Member States” substitute “The Secretary of State and the CAA”;

• (b) for “Community” substitute “United Kingdom safety”.

• (4) In paragraph 3—

• (a) for “national civil aviation authorities, the European Aviation Safety Agency” substitute “the CAA”;

• (b) for “territory of the Member States” substitute “United Kingdom”;

• (c) for “Community” substitute “United Kingdom safety”.

Amendment of Article 10 of Regulation (EC) No 2111/2005

27

• (1) Article 10 (scope) is amended as follows.

• (2) In paragraph 1—

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

• (b) in points (a) and (b), for the words from “on territory” to the end substitute “in the United Kingdom”.

• (3) In paragraph 3, for the words from “Directive” to the end substitute “the Package Travel and Linked Travel Arrangements Regulations 2018 and Regulation (EC) No 80/2009”.

Amendment of Article 12 of Regulation (EC) No 2111/2005

28

In Article 12 (right to reimbursement or re-routing), in paragraph 2—

• (a) in point (a)—

• (i) in the first place it occurs, for “Community” substitute “United Kingdom safety”;

• (ii) in the second place it occurs, for “Community” substitute “United Kingdom”;

• (b) in point (b)—

• (i) in the first place it occurs, for “Community” substitute “United Kingdom safety”;

• (ii) in the second place it occurs, for “Community” substitute “United Kingdom”.

Amendment of Article 13 of Regulation (EC) No 2111/2005

29

Omit Article 13 (penalties).

Amendment of Article 14 of Regulation (EC) No 2111/2005

30

Omit Article 14 (information and amendment).

Amendment of Article 15 of Regulation (EC) No 2111/2005

31

For Article 15 (including the heading) substitute—

(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.

Further amendment of Regulation (EC) No 2111/2005

32

After Article 17 (entry into force), omit the paragraph which begins “This Regulation shall be binding”.

Amendment of the Annex to Regulation (EC) No 2111/2005

33

• (1) The Annex (common criteria for consideration of an operating ban for safety reasons at Community level) is amended as follows.

• (2) For the heading substitute “Criteria relevant to inclusion of an air carrier on the United Kingdom safety list”.

• (3) In the first paragraph—

• (a) omit “on action at Community level”;

• (b) in the second place it occurs, for “action at Community level” substitute “inclusion on the United Kingdom safety list”.

• (4) In the second paragraph—

• (a) for “totally or partially banned” substitute “included on the United Kingdom safety list”;

• (b) in point 1, omit the second indent;

• (c) in point 2, in the first indent, for “the civil aviation authority of a Member State” substitute “the CAA”;

• (d) in point 3—

• (i) in the first indent, for “the civil aviation authority of a Member State” substitute “the CAA”;

• (ii) in the second indent, in point (a), for “applicable Community law” substitute “relevant enactment”.

CHAPTER 3 — Amendment of Regulation (EU) No 996/2010

Regulation (EU) No 996/2010 (accident investigation)

34

Regulation (EU) No 996/2010 of the European Parliament and of the Council of 20 October 2010 on the investigation and prevention of accidents in civil aviation and repealing Directive 94/65/EC is amended in accordance with regulations 35 to 58.

Amendment of Article 1 of Regulation (EU) No 996/2010

35

• (1) Article 1 (subject matter) is amended as follows.

• (2) In paragraph 1—

• (a) in the first place it occurs, for “European” substitute “United Kingdom”;

• (b) omit the words from “, including through” to “Safety Investigation Authorities”.

• (3) Omit paragraph 2.

Amendment of Article 2 of Regulation (EU) No 996/2010

36

• (1) Article 2 (definitions) is amended as follows.

• (2) In paragraph 2, for “a Member State” substitute “the Secretary of State”.

• (3) In paragraph 11, for “staff of the national civil aviation authority; or staff of EASA” substitute “or staff of the CAA”.

• (4) After paragraph 17 insert—

(18) ‘the CAA’ means the Civil Aviation Authority; (19) ‘third country’ means any country or territory other than the United Kingdom.

Amendment of Article 3 of Regulation (EU) No 996/2010

37

• (1) Article 3 (scope) is amended as follows.

• (2) In paragraph 1—

• (a) in point (a), for the words from “territories” to the end substitute “United Kingdom”;

• (b) in point (b)—

• (i) in both places the words occur, for “a Member State” substitute “the United Kingdom”;