Citation, commencement and extent

1. —(1) These Regulations may be cited as the Aviation Safety and Air Traffic Management (Amendment) Regulations 2022.

(2) Subject to paragraph (3), these Regulations come into force on 23rd December 2022.

(3) Regulations 3, 4, and 5 come into force on 23rd March 2023.

(4) These Regulations extend to England and Wales, Scotland and Northern Ireland.

Amendment of Commission Regulation (EU) No 748/2012 (initial airworthiness)

2. —(1)Regulation (EU) No 748/2012 3 ), is amended as follows.

(2) In Article 9 (production organisations), for paragraph 2 substitute—

“ 2. By way of derogation from paragraph 1, a manufacturer may demonstrate its capability as follows:

(a) where a manufacturer’s principal place of business is in a State other than the United Kingdom, by holding a certificate issued by that State for the product, part and appliance for which it applies, provided:

(i) that State is the State of manufacture, and

(ii) the CAA has determined that the system of that State includes the same independent level of checking compliance as provided by this Regulation, either through an equivalent system of approvals of organisations or through direct involvement of the competent authority of that State; or

(b) where a manufacturer’s principal place of business is in a State other than the United Kingdom or a Member State, by holding a production organisation approval for either or both part and appliance issued by the Agency, provided:

(i) either or both the part and appliance is of a type which is incorporated into a product produced by a manufacturer in the European Union which holds a certificate issued by the Agency, or a Member State, for that product, and

(ii) the production certificate for the product is recognised under Article 21 of Annex 30 to the Trade and Cooperation Agreement of 30th December 2020 between the United Kingdom of Great Britain and Northern Ireland, of the one part, and the European Union and the European Atomic Energy Community, of the other part ( 4 ) . ” .

Amendment of Commission Implementing Regulation (EU) No 923/2012 (common rules of the air)

3. Commission Implementing Regulation (EU) No 923/2012 of 26 September 2012 laying down the common rules of the air and operational provisions regarding services and procedures in air navigation( 5 ) is amended in accordance with regulations 4 and 5.

4. —(1) Article 2 (definitions) is amended as follows.

(2) After paragraph 61 (‘control zone’) insert—

“ 61A. ‘critical area’ means an area of defined dimensions extending around the ground equipment of a precision instrument approach within which the presence of vehicles or aircraft will cause unacceptable disturbance of the guidance signals; ” .

(3) After paragraph 118 (‘secondary surveillance radar (SSR)’) insert—

“ 118A. ‘sensitive area’ means an area extending beyond the critical area within which the parking or movement, or both parking and movement, of aircraft or vehicles will affect the guidance signal to the extent that it may be rendered as an unacceptable disturbance to aircraft using the signal; ” .

5. —(1) The Annex (rules of the air) is amended as follows.

(2) In Section 3 (general rules and collision avoidance), Chapter 2 (avoidance of collisions), in the entry for SERA.3210 (right of way)—

(a) in point (d)(4)(ii)(A), for “ILS/MLS sensitive area(s) when Category II or Category III precision instrument operations are in progress” substitute “critical and sensitive areas around radio navigational aids” ;

(b) in point (d)(4)(ii)(B), for “minimum separation between” substitute “methods to separate” ;

(c) in point (d)(4)(iv)(A), for “, taxiing or being towed” substitute “or taxiing” .

(3) In Section 8 (air traffic control service), in the entry for SERA.8015 (air traffic control clearances), for point (eb)(3) substitute—

“ (3) Except when it is known that the aircraft has already received the information in a directed transmission, a QNH altimeter setting shall be included in:

(i) the descent clearance, when first cleared to an altitude below the transition level;

(ii) the approach clearance or the clearance to enter the traffic circuit;

(iii) the taxi clearance for departing aircraft. ” .

(4) In Section 9 (flight information service), in the entry for SERA.9005 (scope of flight information service)—

(a) in point (a), omit “and of any other information likely to affect safety.”;

(b) after point (a)(6), insert—

“ (7) information on abnormal aircraft configuration and condition;

(8) information on space weather phenomena that:

(i) have an impact on high frequency radio communications, communications via satellite, GNSS-based navigation and surveillance systems;

(ii) pose a radiation risk to aircraft occupants at flight levels; and

(9) any other information likely to affect safety. ” ;

(c) at the end of point (b)(3) insert—

“ ; and

(4) messages, including clearances, received from other air traffic services units to relay to aircraft ” .

(5) In Section 12 (services related to meteorology etc.), in the entry for SERA.12005 (special aircraft observations), at the end of point (a)(8) insert—

“ ; or

(9) the runway braking action encountered is not as good as reported ” .

(6) In Section 14 (voice communication procedures), in the entry for SERA.14065 (radiotelephony procedures for air-ground voice communication channel changeover)—

(a) in point (a)(2), for “call sign and, for aircraft in the heavy wake turbulence category, the word ‘Heavy’ or ‘Super’” substitute “call sign and, for aircraft in the SUPER or HEAVY wake turbulence category, the word ‘super’ or ‘heavy’ respectively,” ;

(b) in point (c)(2), for “call sign and, for aircraft in the heavy wake turbulence category, the word ‘Heavy’ or ‘Super’” substitute “call sign and, for aircraft in the SUPER or HEAVY wake turbulence category, the word ‘super’ or ‘heavy’ respectively,” .

Amendment of Commission Regulation (EU) No 965/2012 (air operations)

6.Regulation (EU) No 965/2012 6 ) is amended in accordance with regulations 7 and 8.

7. —(1) Annex 4 (commercial air transport operations) is amended as follows.

(2) In Subpart A (general requirements), in Section 1 (motor powered aircraft), in point CAT.GEN.MPA.210—

(a) at the beginning, for “The” substitute “From 1 January 2025, the” ;

(b) in points (1) and (2), for “2023” substitute “2024” .

8. —(1) Annex 5 (specific approvals) is amended as follows.

(2) In Subpart J (helicopter emergency medical service operations)—

(a) after point SPA.HEMS.100, insert—

“ SPA.HEMS.105 Night operations to HEMS operating sites

Night operations to HEMS operating sites shall only be conducted when a CAA approved HEMS operator holds, and operates under the terms of, an NVIS approval issued to the operator in accordance with SPA.NVIS.100. ” ;

(b) for point SPA.HEMS.110, substitute—

“ SPA.HEMS.110 Equipment requirements for HEMS operations

(a) The installation of all helicopter dedicated medical equipment, any subsequent modifications to it and, where appropriate, its operation shall be approved in accordance with Regulation (EU) No. 748/2012.

(b) For night operations, the helicopter shall be equipped with a suitable means of illumination to enable the flight crew to:

(1) identify the landing area whilst in flight, to determine the landing direction, to make a safe approach and landing or to go around when operating at a site without suitable ground and obstruction lighting; and

(2) make a safe take-off. ” ;

(c) in point SPA.HEMS.130(e)(2)(ii), after “pilot” insert “holding a valid instrument rating in accordance with Regulation (EU) No. 1178/2011( 7 ), Annex I, Part-FCL, Subpart G, FCL.625IR and a valid operator proficiency check in accordance with Annex III, Part-ORO, Subpart FC, ORO.FC.230(b)” ;”.

(3) In Subpart K (helicopter offshore operations), for point SPA.HOFO.160(c) substitute—

“ (c) Helicopter terrain awareness warning system (HTAWS)

(i) Helicopters used in CAT operations with a maximum certificated take-off mass of more than 3175 kg or a MOPSC of more than 9 and first issued with an individual C of A after 31 December 2018 shall be equipped with an HTAWS that provides classic mode functionality and meets an acceptable standard.

(ii) From 1 January 2025, helicopters used in CAT operations with a maximum certificated take-off mass of more than 3175 kg or a MOPSC of more than 9 and first issued with an individual C of A after 31 December 1999 shall be equipped with an HTAWS configured for offshore operations as specified in an acceptable standard. ” .

Amendment of Commission Regulation (EU) No 1321/2014 (continuing airworthiness)

9. —(1)Regulation (EU) No 1321/2014 8 ) is amended as follows.

(2) In Article 4 (approvals for organisations involved in the continuing airworthiness of aircraft), after paragraph 1 insert—

“ 1A. By way of derogation from paragraph 1, organisations involved in the maintenance of components for installation in aircraft, whose principal place of business is in a third country, may demonstrate its capability by holding a maintenance organisation approval certificate, complete with the appropriate rating and limitation, issued by that State for the part and appliance for which it applies, provided:

(a) that State is the State in which maintenance of the component is undertaken; and

(b) the CAA has determined that the system of that State includes the same independent level of checking compliance as provided by this Regulation, either through an equivalent system of approvals of organisations or through direct involvement of the competent authority of that State. ” .

Amendment of Commission Delegated Regulation (EU) 2019/945 (unmanned aircraft systems)

10. —(1) Commission Delegated Regulation (EU) 2019/945 of 12 March 2019 on unmanned aircraft systems and on third-country operators of unmanned aircraft systems( 9 ) is amended as follows.

(2) In Article 3 (definitions), omit paragraph 42.

(3) In Article 3A (designated standards), omit paragraph 5.

(4) Omit Article 42A (post-implementation period continuity provision).

Amendment of Commission Implementing Regulation (EU) 2019/947 (operation of unmanned aircraft)

11. —(1) Commission Implementing Regulation (EU) 2019/947 of 24 May 2019 on the rules and procedures for the operation of unmanned aircraft( 10 ) is amended as follows.

(2) In Article 20 (particular provisions concerning the use of certain UAS in the ‘open’ category), for “1 January 2023” substitute “1 January 2026” .

(3) Omit Article 21 (adaptation of authorisations and certificates).

(4) In Article 22 (further provisions concerning the use of certain UAS in the ‘open’ category)—

(a) after “Article 20,” insert “before 1 January 2026” ;

(b) omit “for a transitional period of 30 months starting one year after the date of entry into force of this Regulation”.