The Air Traffic Management (Amendment etc.) (EU Exit) Regulations 2019

CHAPTER 5 Amendment of Commission Regulation (EC) No 29/2009

Commission Regulation (EC) No 29/2009: introduction

124.  Commission Regulation (EC) No 29/2009 of 16 January 2009 laying down requirements on data link services for the single European sky is amended in accordance with regulations 125 to 139.

Article 1 of Commission Regulation (EC) No 29/2009

125.—(1) Article 1 (subject matter and scope) is amended as follows.

(2) In paragraph 1 omit “coordinated”.

(3) In paragraph 3 for “defined in Parts A and B of Annex 1” substitute “under the responsibility of the United Kingdom”.

Article 2 of Commission Regulation (EC) No 29/2009

126.  In Article 2 (definitions), in point 13—

(a) omit “within the European Air Traffic Management Network”, and

(b) for “covered by this Regulation” substitute “under the responsibility of the States participating in that service”.

Article 3 of Commission Regulation (EC) No 29/2009

127.  In Article 3 (data link services), in paragraph 4—

(a) for “Member States which decide” substitute “If the Secretary of State decides”, and

(b) after “requirements,” insert “the Secretary of State”.

Article 7 of Commission Regulation (EC) No 29/2009

128.—(1) Article 7 (general obligations of Member States for data link communications) is amended as follows.

(2) In the heading for “Member States” substitute “the CAA”.

(3) In paragraph 1—

(a) for “Member States which have designated ATS providers in the airspace referred to in Article 1(3)” substitute “The CAA”, and

(b) for “their” substitute “its”.

(4) In each of paragraphs 2 and 3 for “Member States” substitute “The CAA”.

Article 8 of Commission Regulation (EC) No 29/2009

129.  In Article 8 (data link communication for transport type State aircraft) for “Member States”, in each of paragraphs 1 to 3, substitute “The Secretary of State”.

Article 10 of Commission Regulation (EC) No 29/2009

130.  In Article 10 (safety requirements) for “Member States” substitute “The CAA”.

Article 11 of Commission Regulation (EC) No 29/2009

131.—(1) Article 11 (conformity or suitability for use of constituents) is amended as follows.

(2) The first unnumbered paragraph becomes paragraph 1.

(3) In that paragraph—

(a) for “an EC” substitute “a”,

(b) after “, or” insert “if the manufacturer is not established in the United Kingdom”, and

(c) for “Community” substitute “United Kingdom”.

(4) The second unnumbered paragraph becomes paragraph 2.

Article 12 of Commission Regulation (EC) No 29/2009

132.  In Article 12 (verification of systems), in paragraph 2 for “a notified” substitute “an appointed”.

Article 13 of Commission Regulation (EC) No 29/2009

133.  In Article 13 (additional requirements), in each of paragraphs 4, 7 and 8 for “Member States” substitute “The Secretary of State”.

Article 14 of Commission Regulation (EC) No 29/2009

134.  Omit Article 14 (exemptions).

Article 15 of Commission Regulation (EC) No 29/2009

135.  Omit Article 15 (entry into force and application).

Further amendment of Commission Regulation (EC) No 29/2009

136.  After Article 15 omit the sentence which begins “This Regulation shall be binding”.

Annex 1 to Commission Regulation (EC) No 29/2009

137.  Omit Annex 1 (airspace referred to in Article 1(3)).

Annex 5 to Commission Regulation (EC) No 29/2009

138.  In Annex 5 (requirements for the assessment referred to in Article 11 of the conformity or suitability for use of constituents), in point 4 omit “EC” in the first place it occurs.

Annex 7 to Commission Regulation (EC) No 29/2009

139.—(1) Annex 7 is amended as follows.

(2) In Part A (requirements for the verification of systems referred to in Article 12(1)), in point 7—

(a) omit “EC” in the first place it occurs, and

(b) for “national supervisory authority” substitute “CAA”.

(3) In Part B (requirements for the verification of systems referred to in Article 12(2))—

(a) in point 5 for a “a notified” substitute “an appointed”,

(b) in each of points 6 to 8 for “notified” substitute “appointed”, and

(c) in point 9—

(i) omit “EC” in the first place it occurs, and

(ii) for “national supervisory authority” substitute “CAA”.