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 arising from the withdrawal of the UK from the European Union.

These Regulations make amendments to retained direct EU legislation in the field of air services, relating to the ability to take measures to address anti-competitive practices by countries other than the United Kingdom.

The legislation amended is Regulation (EC) No 868/2004, which will be retained as part of the UK’s domestic law after the UK’s withdrawal from the European Union. The EC Regulation permits the European Commission to adopt measures in response to anti-competitive practices by non-European Union countries which adversely impact Community air carriers. The amendments made by these Regulations reflect the United Kingdom’s position upon exit from the European Union. They permit the Civil Aviation Authority (“the 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 will then be permitted to 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.