Statutory Instruments
2022 No. 637
Exiting The European Union
Civil Aviation
The Aviation Safety (Amendment) Regulations 2022
Sift requirements satisfied
24th May 2022
Made
8th June 2022
Laid before Parliament
10th June 2022
Coming into force
Regulation 2(b)
1st January 2023
Remainder
1st July 2022
The Secretary of State makes these Regulations in exercise of the powers conferred by section 8(1) of the European Union (Withdrawal) Act 2018( 1 ) and Articles 19(3) and 23(1) of Regulation (EU) 2018/1139 of the European Parliament and of the Council of 4 July 2018 on common rules in the field of civil aviation( 2 ).
The requirements of paragraph 3(2) of Schedule 7 to the European Union (Withdrawal) Act 2018 (relating to the appropriate Parliamentary procedure for these Regulations) have been satisfied.
PART 1 Introduction
Citation, commencement and extent
1. —(1) These Regulations may be cited as the Aviation Safety (Amendment) Regulations 2022.
(2) Subject to paragraph (3), these Regulations come into force on 1st July 2022.
(3) Regulation 2(b) comes into force on 1st January 2023.
(4) These Regulations extend to England and Wales, Scotland and Northern Ireland.
PART 2 Amendment of retained direct principal EU legislation
Amendment of Regulation (EU) 2018/1139 (aviation safety)
2. In Article 9 (essential requirements) of Regulation (EU) 2018/1139 of the European Parliament and of the Council of 4 July 2018 on common rules in the field of civil aviation, in paragraph 2, in the first subparagraph—
(a) for “Amendment 12 of Volume I,” substitute “Amendment 13 of Volume I,” ;
(b) for “Amendment 9 of Volume II,” substitute “Amendment 10 of Volume II,” ;
(c) for “in the initial issue of Volume III, all as applicable on 1 January 2018,” substitute “in Amendment 1 of Volume III” .
PART 3 Amendment of retained direct minor EU legislation
Amendment of Commission Regulation (EU) No 1178/2011 (aircrew)
Amendment of Commission Implementing Regulation (EU) 2018/395 (balloons)
4. —(1) Commission Implementing Regulation (EU) 2018/395 of 13 March 2018 laying down detailed rules for the operation of balloons as well as for the flight crew licensing for balloons pursuant to Regulation (EU) 2018/1139 of the European Parliament and of the Council( 4 ) is amended as follows.
(2) In Article 3b (existing pilot licences and national medical certificates), in paragraph 3, omit “issued by the CAA before the date of application of Annex III (Part-BFCL) to this Regulation”.
(3) In Article 3c (credit for training that commenced prior to the date of application of this Regulation), in paragraph 2, for the words “that commenced prior to the date of application of this Regulation or of Annex I (Part-FCL) to Regulation (EU) No 1178/2011 “for the issue of a licence under the Air Navigation Order 2016( 7 ) that commenced prior to 8 December 2023” .
Amendment of Commission Implementing Regulation (EU) 2018/1976 (sailplanes)
5. —(1) Commission Implementing Regulation (EU) 2018/1976 of 14 December 2018 laying down detailed rules for the operation of sailplanes as well as for the flight crew licensing for sailplanes pursuant to Regulation (EU) 2018/1139 of the European Parliament and of the Council( 5 ) is amended as follows.
(2) In Article 3b (existing pilot licences and national medical certificates), in paragraph 3, omit “issued before the date of application of Annex III (Part-SFCL) to this Regulation”.
(3) In Article 3c (credit for training that commenced prior to the date of application of this Regulation), in paragraph 2, for the words “that commenced prior to the date of application of this Regulation or of Annex I (Part-FCL) to Regulation (EU) No 1178/2011 “for the issue of a Glider Pilot’s Certificate that commenced prior to 8 December 2023” .
Amendment of Commission Implementing Regulation (EU) 2019/947 (operation of unmanned aircraft)
6. In Article 23 (commencement and application) of Commission Implementing Regulation (EU) 2019/947 of 24 May 2019 on the rules and procedures for the operation of unmanned aircraft( 6 ), omit paragraphs 2, 3 and 5.
Signed by authority of the Secretary of State for Transport
Robert Courts
Parliamentary Under Secretary of State
Department for Transport
8th June 2022
2018 c. 16 ; section 8 was amended by section 27 of the European Union (Withdrawal Agreement) Act 2020 (c. 1) .
EUR 2018/1139, amended by S.I. 2019/645 .
EUR 2011/1178, amended by S.I. 2019/645 , 2020/1116 , 2021/10 , 2021/614 and 2021/1203 .
EUR 2018/395, amended by S.I. 2019/1098 , 2020/1116 , 2021/10 and 2021/1203 .
EUR 2018/1976, amended by S.I. 2019/1098 , 2020/1116 , 2021/10 and 2021/1203 .
EUR 2019/947, amended by S.I. 2020/1593 , 2021/10 and 2021/1203 .
S.I. 2016/765 , amended by S.I. 2019/645 . There are other amending instruments but none is relevant..