Explanatory note

These Regulations are made in exercise of the powers conferred by section 8(1) of the European Union (Withdrawal) Act 2018 (c. 16) in order to address failures of retained EU law to operate effectively and other deficiencies (in particular under section 8(2)(a), (b), (d) and (g)) arising from the withdrawal of the United Kingdom from the European Union.

These Regulations revoke the Air Services (Competition) (Amendment) (EU Exit) Regulations 2019, S.I. 2019/309. Those Regulations made amendments to Regulation (EC) No 868/2004, which has since been repealed.

These Regulations amend Regulation (EU) 2019/712 on safeguarding competition in air transport, which will be retained as part of the UK’s domestic law after the UK’s withdrawal from the EU. The EU Regulation permits the European Commission to adopt measures in response to anti-competitive practices by non-European Union countries which adversely impact Union air carriers. The amendments made by these Regulations reflect the UK’s position upon exit from the EU. They permit the Civil Aviation Authority (“CAA”) to initiate proceedings, where there is sufficient evidence of anti-competitive practices by countries other than the United Kingdom which adversely impact on the United Kingdom’s air services industry. Where the CAA initiates proceedings, notification must be placed in its Official Record, available on its website at https://www.caa.co.uk/home/. A hard copy of the notice may be obtained by writing to the Department for Transport at Great Minster House, 33 Horseferry Road, Westminster, London SW1P 4DR. Where the CAA makes a recommendation to the Secretary of State following its investigation, the Secretary of State may then adopt measures in response. Such measures will be imposed by making regulations.

An impact assessment has not been produced for this instrument as no, or no significant, impact on the private or voluntary sector is foreseen.

An Explanatory Memorandum is published alongside the instrument on www.legislation.gov.uk.