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Explanatory note

Original text. Later amendments are not shown.

(This note is not part of the Regulations)

These Regulations make amendments to retained EU law in the field of aviation safety, specifically to implementing rules, using powers conferred by Regulation (EU) 2018/1139 of 4 July 2018 on common rules in the field of civil aviation.

Regulations 2 to 11 amend Commission Regulation (EU) No 748/2012 (initial airworthiness) to implement International Civil Aviation Organization (“ICAO”) standards set out in Annex 19 to the Chicago Convention of 7th December 1944. These require organisations designing or producing aircraft, engines and components to implement a Safety Management System (“SMS”) and make a number of amendments to detailed technical requirements set out in the Regulation. In particular they introduce a requirement for organisations holding a type-certificate for a product or part to produce a standardised set of instructions on maintaining it to ensure continued airworthiness, and an alleviation from certain requirements for new aircraft parts where the Civil Aviation Authority (“the CAA”) determines there is no impact on safety; they also align the provisions of Regulation (EU) No 748/2012 to provisions regarding ageing aircraft introduced by Commission Regulation (EU) 2015/640 (airworthiness specifications).

Regulations 12 to 31 amend Commission Regulation (EU) No 1321/2014 (continuing airworthiness) to require maintenance organisations to implement an SMS to bring into effect ICAO standards set out in Annex 19 to the Chicago Convention. These changes mirror those mentioned above in relation to Commission Regulation (EU) 748/2012 on initial airworthiness.

Regulation 32 amends Articles 3b and 3c of Commission Regulation (EU) 2018/395 (“the Balloons Regulation”). It extends the date in Article 3b of the Balloons Regulation, by which a balloon licence issued by the CAA under the Air Navigation Order 2016 (S.I. 2016/765) must be replaced with a balloon licence (BPL) issued in accordance with the Balloons Regulation, from 8th December 2023 to 30th September 2025. It also extends the deadline in Article 3c of the Balloons Regulation, by which training for the issue of a balloon licence must have been commenced to be credited towards the issue of a BPL, from 8th December 2023 to 30th September 2025.

Regulation 33 amends Articles 3b and 3c of Commission Regulation (EU) 2018/1976 (“the Sailplanes Regulation”). It extends the date in Article 3b of the Sailplanes Regulation by which a sailplane certificate issued by the British Gliding Association (BGA) must be replaced with a sailplane licence (SPL) issued in accordance with the Sailplanes Regulation, from 8th December 2023 to 30th September 2025. It also extends the deadline in Article 3c of the Sailplanes Regulation, by which training for the issue of a sailplane certificate must have been commenced in order to be credited towards the issue of an SPL under the Sailplanes Regulation, from 8th December 2023 to 30th September 2025.

A full impact assessment has not been produced for this instrument. However a De Minimis Assessment was conducted and no, or no significant impact on the private, voluntary or public sector is foreseen. The changes contained in this instrument were subject to separate impact assessments carried out during consultation by the European Union Aviation Safety Agency. The consultation documents containing the impact assessments can be found at https://www.easa.europa.eu/en/document-library/notices-of-proposed-amendment/npa-2019-05. An Explanatory Memorandum has been published alongside these Regulations on www.legislation.gov.uk.