The Aviation Noise (Amendment) (EU Exit) Regulations 2019

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations are made in exercise of the powers in sections 8(1) and 23(1) of, and paragraph 21 of Schedule 7 to, the European Union (Withdrawal) Act 2018 (c. 16) (“the 2018 Act”) in order to address failures of retained EU law to operate effectively and other deficiencies (in particular under section 8(2)(a), (b), (c), (d) and (g) and (5) and (6)) arising from the withdrawal of the United Kingdom from the European Union.

These Regulations make amendments to legislation in the field of aviation noise.

Part 2 amends domestic subordinate legislation. It makes amendments to:

(a) the Aeroplane Noise Regulations 1999 (regulation 2), which make provision in relation to noise limits, noise certification and noise emissions from subsonic jet aeroplanes;

(b) the Air Navigation (Environmental Standards for Non-EASA Aircraft) Order 2008 (regulation 3), which sets out environmental standards relating to noise and emissions of certain UK registered aircraft which are not subject to the Basic European Aviation Safety Regulation (Regulation (EU) No 2018/1139 of the European Parliament and of the Council of 4 July 2018 on common rules in the field of civil aviation and establishing a European Union Aviation Safety Agency); and

(c) the Airports (Noise-related Operating Restrictions) (England and Wales) Regulations 2018 (regulation 4), to reflect a change being made to the title of retained Regulation (EU) No 598/2014 establishing rules and procedures with regard to the introduction of noise-related operating restrictions at major airports.

These changes are made to ensure this domestic legislation continues to operate effectively as part of retained EU law and reflect the United Kingdom’s withdrawal from the European Union and the European Economic Area. This will mean that the United Kingdom will no longer be a Member State or part of the system of mutual recognition of noise certificates issued by the authorities of EU Member States, EEA States and Switzerland. They also reflect the United Kingdom leaving the system of aviation safety overseen by the European Union Aviation Safety Agency, under Regulation (EU) 2018/1139 on common rules in the field of civil aviation and establishing a European Union Aviation Safety Agency.

Part 3 amends the retained Regulation (EU) No 598/2014 (regulation 5). The rules and procedures laid down in that Regulation are based on the principles of the balanced approach to noise management agreed by the International Civil Aviation Organisation. The amendments to that Regulation reflect the withdrawal of the United Kingdom from the European Union, the resulting removal of the role of the European Commission and EU Member States, giving that role to domestic bodies, and replace references to EU Directives with references to retained domestic implementing regulations.

An Impact Assessment has not been produced for this instrument as no, or no significant, impact on the private or voluntary sectors is foreseen.

An Explanatory Memorandum is published alongside the instrument on www.legislation.gov.uk.