This Statutory Instrument has been made partly in consequence of defects in S.I. 2018/1080 and S.I. 2018/1392 and is being issued free of charge to all known recipients of those Statutory Instruments.
Statutory Instruments
2019 No. 687
Exiting The European Union
Civil Aviation
The Civil Aviation (Amendment etc. ) (EU Exit) Regulations 2019
Sift requirements satisfied
12th March 2019
Made
at 11.00 a.m. on 26th March 2019
Laid before Parliament
at 5.00 p.m. on 26th March 2019
Coming into force in accordance with regulation 1
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, the European Union (Withdrawal) Act 2018( 1 ).
The requirements of paragraph 3(2) of Schedule 7 to that Act (relating to the appropriate Parliamentary procedure for these Regulations) have been satisfied.
PART 1
Introduction
Citation and commencement
1. —(1) These Regulations may be cited as the Civil Aviation (Amendment etc.) (EU Exit) Regulations 2019.
(2) Subject to paragraph (3), these Regulations come into force on exit day.
(3) This regulation, in so far as it relates to regulations 4 and 5, and regulations 4 and 5 come into force immediately before exit day.
PART 2
Amendment of primary legislation
Amendment of the Airports Act 1986
2. In section 74(2)(d) of the Airports Act 1986( 2 ) (restriction on disclosure of information), for “EU obligation” substitute “retained EU obligation”.
Amendment of the Civil Aviation Act 2012
3. —(1)The Civil Aviation Act 2012( 3 ) is amended as follows.
(2) In section 72(1) (minor definitions), in the definition of “international obligation of the United Kingdom”, for “an EU obligation” substitute “a retained EU obligation”.
(3) In paragraph 5 of Schedule 6 (restrictions on disclosing information)—
(a) in sub-paragraph (b), for “an EU obligation” substitute “a retained EU obligation”;
(b) omit sub-paragraph (c).
PART 3
Amendment of subordinate legislation
Amendment of the Computer Reservation Systems (Amendment) (EU Exit) Regulations 2018
4. —(1)The Computer Reservation Systems (Amendment) (EU Exit) Regulations 2018( 4 ) are amended as follows.
(2) In regulation 2 (amendment of EU Regulation (EC) 80/2009
(3) In regulation 8, after paragraph (a) insert—
“ (aa) in paragraph 3, for “8” substitute “9”; ” .
(4) After regulation 14, insert—
“ 15. After Article 19 (entry into force), omit “This Regulation shall be binding in its entirety and directly applicable in all Member States.”. ” .
Amendment of the Operation of Air Services (Amendment etc.) (EU Exit) Regulations 2018
5. —(1)The Operation of Air Services (Amendment etc.) (EU Exit) Regulations 2018( 5 ) are amended as follows.
(2) For regulation 9 (amendment of Annex XIII to the EEA Agreement) substitute—
“ 9. In paragraph 64a of Annex XIII to the EEA Agreement, omit the words from “The provisions of the Regulation shall” to the end. ” .
(3) In paragraph 14 of Schedule 1 (amendment of the Operation of Air Services in the Community Regulations 2009( 6 )), for sub-paragraph (a) substitute—
“ (a) for “Community air carrier” substitute “qualifying air carrier”; ” .
(4) In paragraph 14(4)(c) of Schedule 2 (amendment of Regulation (EC) No 1008/2008
“ (zi) for “Union”, in both places it occurs, substitute “United Kingdom”; ” .
PART 4
Amendment and revocation of retained direct EU legislation
Amendment of Annex XIII to the EEA Agreement
6. In Annex XIII (transport) to the EEA Agreement so far as that Annex forms part of domestic law by virtue of section 3(2)(b) of the European Union (Withdrawal) Act 2018, omit paragraphs 66a, 66d, 66da, 66e, 66g, 66ga, 66gb, 66gc, 66gd, 66n, 66na, 66nb, 66nc, 66nd, 66ne, 66nf, 66ng, 66nh, 66ni, 66nj, 66nk, 66o, 66p, 66q, 66qa, 66ra, 66rb, 66s, 66sa, 66za, 66zaa and 66zab.
Revocation of Commission Regulation (EC) No 351/2008
7.Regulation (EC) No 351/2008Directive 2004/36/EC
Amendment of Commission Regulation (EU) No 1332/2011
8. —(1)Regulation (EU) No 1332/2011
(2) In Article 1 (subject matter and scope)—
(a) in paragraph (a), for “Union”, substitute “United Kingdom”;
(b) in paragraph (b), for “above the territory” to the end, substitute “of the United Kingdom”.
(3) In Article 3 (airborne collision avoidance system (ACAS)), in paragraph 2, for “Member States” substitute “The Civil Aviation Authority”.
(4) After Article 5 (entry into force and application), omit “This Regulation shall be binding in its entirety and directly applicable in all Member States.”.
Signed by authority of the Secretary of State for Transport
Sugg
Parliamentary Under Secretary of State
Department for Transport
At 11.00 a.m. on 26th March 2019
1986 c.31 . Section 74(2)(d) was amended by S.I. 2011/1043 ; there are other amending instruments but none is relevant.
S.I. 2009/41 , to which there are amendments not relevant to these Regulations.