Explanatory note

These Regulations are made in exercise of the powers in sections 8(1) and 23(1) of, and paragraph 21 of Schedule 7 to, the European Union (Withdrawal) Act 2018 (c. 16) (“the 2018 Act”) in order to address failures of retained EU law to operate effectively and other deficiencies (in particular under section 8(2)(a), (b), (c), (d) and (g)) arising from the withdrawal of the United Kingdom from the European Union. Moreover, section 8(5) and (6) of the 2018 Act are relevant to the provision made by these Regulations.

These Regulations make provision in respect of the Aviation Security Act 1982 and seven EU instruments. This body of legislation forms part of the regulatory framework governing aviation security in the United Kingdom.

Part 2 (regulation 2) amends two sections of the Aviation Security Act 1982 to ensure that they operate effectively as part of retained EU law by addressing deficiencies falling within section 8(2)(a) of the 2018 Act.

Part 3 (regulations 3 to 128) corrects retained direct EU legislation. For this purpose, it amends four EU instruments (Regulations 300/2008, 272/2009, 1254/2009 and 2015/1998) and revokes three EU instruments (Regulations 72/2010 and 2019/103, and Decision C(2015) 8005). Amongst other things, these Regulations remove redundant references to EU entities or concepts (e.g. Member States or the Commission) and reciprocal arrangements which will cease on exit day (e.g. the Union database holding information relating to EU wide entities providing cargo security).

Regulations 3 to 40 amend the provisions in EU Regulation 300/2008 to (amongst other things) ensure the continued availability of necessary legislative powers by replacing legislative powers conferred on the Commission (e.g. in Article 4) with powers to make regulations conferred on the Secretary of State. Regulation 19 makes provision governing the Parliamentary procedure which applies to the powers of the Secretary of State to make regulations.

Regulations 41 to 125 amend other EU Regulations (Regulations 300/2008, 272/2009, 1254/2009 and 2015/1998). Regulation 2015/1998 prescribes the detailed requirements governing matters such as passenger and baggage screening, access to secure areas of airports and the background checks which must be carried out in respect of airport staff who work in secure areas.

Regulation 126 revokes EU Regulation 72/2010. Regulation 127 revokes EU Regulation 2019/103. This regulation amends Regulation 2015/1998 and most of its provisions apply from 1st February 2019; the remainder of its provisions will not apply until 31st December 2020. These Regulations deal with those provisions which apply from 1st February 2019 but not those provisions which do not form part of retained EU law. Regulation 2019/103 is revoked because Article 2 (applicability) would be both in force and applicable at exit day and therefore retained in domestic law, but it would be redundant (since the provisions to which it refers are not retained in domestic law).

Regulation 128 revokes Commission Decision C(2015) 8005. The contents of this Decision are not published. It prescribes requirements corresponding to the detailed requirements set out in Regulation 2015/1998 which if available in the public domain would compromise the efficacy of the security measures applied at airports etc. (e.g. the detailed specification of screening equipment).

Part 4 (regulation 129) amends Annex 13 to the EEA Agreement to remove redundant references.

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