Explanatory note

These Regulations amend assimilated EU law in the field of aviation safety using powers conferred by the Retained EU Law (Revocation and Reform) Act 2023.

Regulation 2 revokes an assimilated provision in Schedule 13 to the Air Navigation Order 2016 to de-criminalise contravention of the SPA.ETOPS.100 prohibition on operating two-engined aeroplanes beyond a regulatory threshold distance unless the operator has been granted an ETOPS (extended range operations with two-engined aeroplanes) operational approval by the Civil Aviation Authority (CAA), a provision of Commission Regulation (EU) No 965/2012 of 5 October 2012 laying down technical requirements and administrative procedures related to air operations.

Regulation 3 amends Article 71 of Regulation (EU) 2018/1139 (common rules in the field of civil aviation) to remove conditions that must be met before the CAA may grant an exemption from all but the essential requirements of the Regulation and permits the CAA to attach such conditions as it considers appropriate before granting such an exemption.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or business sectors is foreseen. A de minimus assessment has been produced for this instrument.

The de minimus assessment and an Explanatory Memorandum for this instrument have been published alongside these Regulations and these are available at www.legislation.gov.uk.