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The Aviation Safety (Amendment etc.) (EU Exit) (No. 2) Regulations 2019

S.I. 2019/1098 · Made 8 July 2019 · Extends to United Kingdom

Up to date with all changes known to legislation.gov.uk, revised to 31 December 2020.

Exiting The European Union

Civil Aviation

Sift requirements satisfied 2nd July 2019

Made 8th July 2019

Laid before Parliament 11th July 2019

Coming into force in accordance with regulation 1

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, the European Union (Withdrawal) Act 2018 M1.

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

Annotations to the whole text

Marginal citations

M1

2018 c. 16.

Contents

  1. Part 1: Introduction
  2. 1Citation and commencement
  3. Part 2: Amendment of subordinate legislation
  4. 2Amendment of the Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019
  5. 3Amendment of Part 3, Chapter 4 (occurrence reporting)
  6. 4Regulation 4
  7. 5Amendment of Part 4, Chapter 4 (aircrew)
  8. 6Amendment of Part 4, Chapter 5 (air operations)
  9. 7Regulation 7
  10. 8Regulation 8
  11. 9Regulation 9
  12. 10Regulation 10
  13. 11Regulation 11
  14. 12Amendment of Schedule 3 (savings and transitional arrangements)
  15. Part 3: Amendment of EU implementing Regulations
  16. Chapter 1: Amendment of Commission Regulation on operation of balloons
  17. 13Regulation 13
  18. 14Amendment of Article 3 of Commission Regulation (EU) 2018/395
  19. 15Amendment of Article 4 of Commission Regulation (EU) 2018/395
  20. 16Further amendment of Commission Regulation (EU) 2018/395
  21. 17Amendment of Annex 1 to Commission Regulation (EU) 2018/395
  22. 18Amendment of Annex 2 to Commission Regulation (EU) 2018/395
  23. 19Amendment of Appendix to Commission Regulation (EU) 2018/395
  24. Chapter 2: Amendment of Commission Implementing Regulation on operation of sailplanes
  25. 20Regulation 20
  26. 21Amendment of Article 3 of Commission Implementing Regulation (EU) 2018/1976
  27. 22Further amendment of Commission Implementing Regulation (EU) 2018/1976
  28. 23Amendment of Annex 1 to Commission Implementing Regulation (EU) 2018/1976
  29. 24Amendment of Annex 2 to Commission Implementing Regulation (EU) 2018/1976
  30. 25Amendment of Appendix to Commission Implementing Regulation (EU) 2018/1976
  31. Signature
  32. Explanatory note

1Citation and commencement

I1(1)

These Regulations may be cited as the Aviation Safety (Amendment etc.) (EU Exit) (No. 2) Regulations 2019.

I2(2)

Subject to paragraph 3, these Regulations come into force on exit day.

(3)

Paragraphs (1) and (3) of this regulation, and Part 2 of these Regulations, come into force immediately before exit day.

2Amendment of the Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019I1

The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 M1 are amended in accordance with regulations 3 to 12.

3Amendment of Part 3, Chapter 4 (occurrence reporting)I1

In regulation 66 (amendment of Article 7 of Regulation (EU) No 376/2014), for paragraph (3) substitute—

“(3)

In paragraph 4, for “paragraphs 5, 6 and 8” substitute “ paragraphs 5 and 6 ”.”.

4I1

In regulation 72 (amendment of Article 17 of Regulation (EU) No 376/2014), omit paragraph (3)(c)(ii).

5Amendment of Part 4, Chapter 4 (aircrew)I1

In regulation 294 (amendment of Article 4 of Commission Regulation (EU) No 1178/2011), for paragraph (3) substitute—

“(3)

In paragraph 7—

(a)

at the start, for “A Member State” substitute “ The CAA ”;

(b)

in point (a), for “Member State” substitute “ CAA ”;

(c)

in point (b)—

(i)

in point (i), for “national territory of the authorising Member State” substitute “ United Kingdom ”;

(ii)

in point (ii), for “authorising Member State” substitute “ United Kingdom ”;

(d)

in point (c), for “Member State” substitute “ CAA ”;

(e)

omit point (d);

(f)

in point (e), for “Member States” substitute “ CAA ”.”.

6Amendment of Part 4, Chapter 5 (air operations)I1

In regulation 339 (amendment of Article 1 of Commission Regulation (EU) No 965/2012), for “Treaty” substitute “ Treaties ”.

7I1

In regulation 344 (amendment of Article 6 of Commission Regulation (EU) No 965/2012), for paragraph (3) substitute—

“(3)

In paragraph 3, for the words from “the national law” to “resides” substitute “ in any relevant enactment ”.”.

8I1

In regulation 346 (amendment of Article 8 of Commission Regulation (EU) No 965/2012)—

(a)

for paragraph (2) substitute—

“(2)

In paragraph 3, for the words from “national law” to the end substitute “ Air Navigation Order 2016 ”.”;

(b)

for paragraph (3) substitute—

“(3)

In paragraph 4, for the words from “national law” to the end substitute “ Air Navigation Order 2016 ”.”.

9I1

Omit regulation 349 (amendment of Article 10 of Commission Regulation (EU) No 965/2012).

10I1

In regulation 357 (amendment of the Appendices to Annex 2 to Commission Regulation (EU) No 965/2012), in paragraph (3)(c), for “Issue 3” substitute “ Issue 4 ”.

11I1

In regulation 367 (amendment of Annex 5 to Commission Regulation (EU) No 965/2012), after paragraph (5) insert—

“(6)

In Subpart M (electronic flight bags (EFBs)), in both places the words occur, for “competent authority” substitute “ CAA ”.”.

12Amendment of Schedule 3 (savings and transitional arrangements)I1

In Schedule 3 (savings and transitional arrangements)—

(a)

in the heading for paragraph 6, for “Regulation (EU) No 2018/1139” substitute “ principal EU Regulations ”;

(b)

in paragraph 6, for “under that provision” substitute “ or an implementing act under that provision, or implementing rules under a corresponding provision ”.

13I1

Commission Regulation (EU) 2018/395 of 13 March 2018 laying down detailed rules for the operation of balloons F1as well as for the flight crew licensing for balloons pursuant to Regulation (EU) 2018/1139 of the European Parliament and of the Council is amended in accordance with regulations 14 to 19.

14Amendment of Article 3 of Commission Regulation (EU) 2018/395I1

In Article 3 (air operations), in paragraph 2—

(a)

F1in the first subparagraph, and in the second subparagraph in point (b), for “competent authority” substitute “ CAA ”;

(b)

in the F2second subparagraph, in points (c) and (d), for “a Member State” substitute “ the United Kingdom ”.

15Amendment of Article 4 of Commission Regulation (EU) 2018/395I1

In Article 4 (transitional provisions)—

(a)

in the first subparagraph—

(i)

for “Member States” substitute “ the CAA ”;

(ii)

for “national law” substitute “ any other relevant enactment ”;

(b)

in the second subparagraph, for “Member States” substitute “ the CAA ”.

16Further amendment of Commission Regulation (EU) 2018/395I1

After Article 5 (entry into force and application), omit the sentence which begins “This Regulation shall be binding”.

17Amendment of Annex 1 to Commission Regulation (EU) 2018/395I1

Annex 1 (definitions) is amended as follows—

(a)

in points 1 and 2, for “Agency” substitute “ CAA ”;

(b)

in point 16, for the words from “period between” to the end substitute “ time from half an hour after sunset until half an hour before sunrise (both times inclusive), sunset and sunrise being determined at surface level ”.

18Amendment of Annex 2 to Commission Regulation (EU) 2018/395I1

(1)

Annex 2 (balloon air operations) is amended as follows.

(2)

Omit point BOP.BAS.005.

(3)

In point BOP.BAS.010, in point (a), for F1the words from “competent authority” to “No 965/2012” substitute “ CAA ”.

(4)

In point BOP.BAS.020—

(a)

in point (a), for “competent authority” substitute “ CAA ”;

(b)

in point (b), for “Agency” substitute “ CAA ”.

(5)

In points BOP.BAS.030, BOP.BAS.050, BOP.BAS.055 and BOP.ADD.010, in each place the words occur, for “competent authority” substitute “ CAA ”.

(6)

In point BOP.ADD.010, at the end, for “Agency” substitute “ CAA ”.

(7)

In points BOP.ADD.015, BOP.ADD.020, BOP.ADD.025, BOP.ADD.035, BOP.ADD.105 and BOP.ADD.115, in each place the words occur, for “competent authority” substitute “ CAA ”.

(8)

In point BOP.ADD.300, in point (e)(3), for the words from “the national” to “business” substitute “ any relevant enactment ”.

(9)

In point BOP.ADD.400, in point (b), for the words from “the national” to “business” substitute “ any relevant enactment ”.

(10)

In point BOP.ADD.435, in point (c), for “competent authority” substitute “ CAA ”.

19Amendment of Appendix to Commission Regulation (EU) 2018/395I1

In the Appendix (declaration), in the fifth statement commencing “The operator will notify”, in both places the words occur, for “competent authority” substitute “ CAA ”.

20I1

Commission Implementing Regulation (EU) 2018/1976 of 14 December 2018 laying down detailed rules for the operation of sailplanes F1as well as for the flight crew licensing for sailplanes pursuant to Regulation (EU) 2018/1139 of the European Parliament and of the Council is amended in accordance with regulations 21 to 25.

21Amendment of Article 3 of Commission Implementing Regulation (EU) 2018/1976I1

In Article 3 (air operations), in paragraph 2—

(a)

in the first subparagraph, and in the second subparagraph in point (b), for “competent authority” substitute “ CAA ”;

(b)

in the second subparagraph, in points (c) and (d), for “a Member State” substitute “ the United Kingdom ”.

22Further amendment of Commission Implementing Regulation (EU) 2018/1976I1

After Article 4 (entry into force and application), omit the sentence which begins “This Regulation shall be binding”.

23Amendment of Annex 1 to Commission Implementing Regulation (EU) 2018/1976I1

Annex 1 (definitions) is amended as follows—

(a)

in points 1 and 2, for “Agency” substitute “ CAA ”;

(b)

in point 13, for the words from “period between” to the end substitute “ time from half an hour after sunset until half an hour before sunrise (both times inclusive), sunset and sunrise being determined at surface level ”.

24Amendment of Annex 2 to Commission Implementing Regulation (EU) 2018/1976I1

(1)

Annex 2 (sailplane air operations) is amended as follows.

(2)

Omit point SAO.GEN.105.

(3)

In point SAO.GEN.110, for “competent authority” substitute “ CAA ”.

(4)

In point SAO.GEN.120—

(a)

in point (a), for “competent authority” substitute “ CAA ”;

(b)

in point (b), for “Agency” substitute “ CAA ”.

(5)

In points SAO.GEN.130, SAO.GEN.155, SAO.DEC.100 and SAO.DEC.105, in each place the words occur, for “competent authority” substitute “ CAA ”.

25Amendment of Appendix to Commission Implementing Regulation (EU) 2018/1976I1

In the Appendix (declaration), in the box commencing “The operator will notify”, in both places the words occur, for “competent authority” substitute “ CAA ”.

Signature

Signed by authority of the Secretary of State for Transport

Vere

Parliamentary Under Secretary of State

Department for Transport

Explanatory note

(This note is not part of the Regulations)

These Regulations are made in exercise of the powers in section 8(1) of, and paragraph 21 of Schedule 7 to, 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 make amendments to legislation in the field of aviation safety. None of the changes being made alter the technical requirements and standards established by the legislation.

Part 1 covers citation and commencement.

Part 2 amends the Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645). Amendments are made to Part 3, Chapter 4 (on occurrence reporting), to reverse some minor corrections to Regulation (EU) No 376/2014 which are not required. Amendments are then made to Part 4, Chapter 4 (on aircrew) and Chapter 5 (on air operations), to ensure that amendments made by recent EU implementing Regulations to Commission Regulation (EU) No 1178/2011 and Commission Regulation (EU) No 965/2012 will operate effectively on exit day. An amendment is also made to paragraph 6 of Schedule 3 to the Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 to reflect the fact that implementing acts and implementing rules, as well as delegated acts, have been adopted by the European Commission under EU Regulations on civil aviation safety.

Part 3 corrects two recent Commission implementing Regulations, one relating to the operation of balloons and the other relating to the operation of sailplanes.

A full impact assessment has not been produced for this instrument, as no significant impact on the private or voluntary sectors is foreseen. An Explanatory Memorandum has been published alongside these Regulations on www.legislation.gov.uk.