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The Computer Reservation Systems (Amendment) (EU Exit) Regulations 2018

S.I. 2018/1080 · Made 10 October 2018 · 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 7th September 2018

Made 10th October 2018

Laid before Parliament 17th October 2018

Coming into force in accordance with regulation 1(2)

The requirements of paragraph 3(2) of Schedule 7 to the European Union (Withdrawal) Act 2018 M1 (relating to the appropriate Parliamentary procedure for these Regulations) have been satisfied.

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, that Act.

Annotations to the whole text

Marginal citations

M1

2018 c. 16.

Contents

  1. 1Citation and commencement
  2. 2Amendment of EU Regulation (EC) 80/2009
  3. 3Regulation 3
  4. 4Regulation 4
  5. 5Regulation 5
  6. 6Regulation 6
  7. 7Regulation 7
  8. 8Regulation 8
  9. 9Regulation 9
  10. 10Regulation 10
  11. 11Regulation 11
  12. 12Regulation 12
  13. 13Regulation 13
  14. 14Regulation 14
  15. 15Regulation 15
  16. Signature
  17. Explanatory note

1Citation and commencementI1

(1)

These Regulations may be cited as the Computer Reservation Systems (Amendment) (EU Exit) Regulations 2018.

(2)

These Regulations come into force on exit day.

2Amendment of EU Regulation (EC) 80/2009I1

Regulation (EC) 80/2009 M1 is amended in accordance with regulations 2 to F115.

3I1

In Article 1, in the first and second paragraphs, for “Community” substitute “ United Kingdom ”.

4I1

In Article 2, at the end of paragraph 15 insert—

“;

16

‘the CAA’ means the Civil Aviation Authority.”.

5I1

In Article 6, in paragraph 2, for “EUR 10 million” substitute “ £8,700,000 ”.

6I1

In Article 7, in paragraph 3, for “Community” substitute “ United Kingdom ”.

7I1

In Article 8—

(a)

in the heading, for “third” substitute “ other ”;

(b)

for paragraph 1 substitute—

“

1

Without prejudice to international agreements to which the United Kingdom is a party, where the treatment of United Kingdom air carriers by a system vendor operating in another country is not equivalent to the treatment of the participating carriers of that country with regard to any matter contained in this Regulation, the CAA may require all system vendors operating in the United Kingdom to treat air carriers of that country in a manner that is equivalent to the treatment of United Kingdom air carriers in that country.;”;

(c)

for paragraph 2 substitute—

“

2

The CAA shall monitor the application of discriminatory or non-equivalent treatment of United Kingdom air carriers by system vendors in other countries. The CAA may investigate potential cases of discrimination against United Kingdom air carriers by a CRS in other countries. Where such discrimination is found, before taking a decision, the CAA must request that the Secretary of State consider informing the appropriate authority in that country to seek its comments and the CAA must inform interested parties and seek their comments..”.

8I1

In Article 11—

(a)

in paragraph 1, omit the words “data controller in accordance with Article 2(d) of Directive 95/46/EC M1” and substitute “ controller in accordance with Article 4(7) of Regulation (EU) 2016/679 M2 ”;

F1(aa)

in paragraph 3, for “8” substitute “9”;

(b)

in paragraphs 3, 8 and 9, for “Directive 95/46/EC” substitute “ Regulation (EU) 2016/679 ”;

(c)

in paragraph 9, for “that Directive”, in each place it occurs, substitute “ that Regulation ”;

(d)

in paragraphs 8 and 9, for “Community” substitute “ United Kingdom ”.

9I1

In Article 12, for “Commission”, in each place where it occurs, substitute “ CAA ”.

10I1

In Article 13—

(a)

for “Commission” substitute “ CAA ”;

(b)

for “inquiry under Articles 81 and 82 of the Treaty” substitute “ investigation of matters covered by Chapters I or II of the Competition Act 1998 M1 ”.

11I1

In Article 14, for “Commission” substitute “ CAA ”.

12I1

In Article 15—

(a)

in paragraphs 1 and 2, for “Commission” substitute “ CAA ”;

(b)

in paragraph 5—

(i)

for “Court of Justice of the European Communities” substitute “ High Court ”;

(ii)

for “Commission” substitute “ CAA ”.

13I1

In Article 16—

(a)

for “Commission”, in each place it occurs, substitute “ CAA ”;

(b)

omit paragraph 2.

14I1

In Article 18—

(a)

for “Commission”, in each place where it occurs, substitute “ CAA ”;

(b)

for “third”, in both places where it occurs, substitute “ other ”;

(c)

in paragraph 2—

(i)

for “European Parliament and to the Council” substitute “ Secretary of State ”;

(ii)

for “Community” substitute “ United Kingdom ”;

(d)

omit paragraph 3.

15I1F1

After Article 19 (entry into force), omit “This Regulation shall be binding in its entirety and directly applicable in all Member States.”.

Signature

Signed by authority of the Secretary of State for Transport

Sugg of Coldharbour

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 in retained EU law to operate effectively and other deficiencies (in particular under section 8(2)(b), (d), (g) and paragraph 21 of Schedule 7 to, the Act) arising from the withdrawal of the United Kingdom from the European Union.

These Regulations make amendments to retained direct EU legislation in the field of computer reservation systems. They replace the European Commission as regulator with the United Kingdom Civil Aviation Authority and the Court of Justice of the European Union as appeal court with the High Court of England and Wales.

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 available alongside the instrument on the UK legislation website, www.legislation.gov.uk.