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

CHAPTER 8 Amendment of Commission Regulation (EU) No 255/2010

Regulation (EU) No 255/2010: introduction

171.  Commission Regulation (EU) No 255/2010 of 25 March 2010 laying down common rules on air traffic flow management is amended in accordance with paragraphs 172 to 186.

Article 1 of Regulation (EU) No 255/2010

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

(2) In paragraph 1—

(a) for “European” substitute “United Kingdom”,

(b) for “network” substitute “system”, and

(c) for “EATMN” substitute “UK ATMS”.

(3) In paragraph 3 omit point (f).

Article 2 of Regulation (EU) No 255/2010

173.  In Article 2 (definitions), in point 6 for “EATMN”, in each place it occurs, substitute “UK ATMS”.

Article 3 of Regulation (EU) No 255/2010

174.  In Article 3 (air traffic flow management framework), in each of paragraphs 2(a)(ii) and (iii) and 3 for “EATMN”, in each place it occurs, substitute “UK ATMS”.

Article 4 of Regulation (EU) No 255/2010

175.—(1) Article 4 (general obligations of Member States) is amended as follows.

(2) In the heading for “Member States” substitute “the Secretary of State”.

(3) In paragraph 1 for “Member States” substitute “The Secretary of State”.

(4) In paragraph 2 omit “Member States”.

(5) In paragraph 4—

(a) omit the first sentence, and

(b) for “this common reference document” insert “the common reference document created by Eurocontrol containing the policies, procedures and description for route and traffic orientation.”.

(6) In paragraph 5 for “Those procedures shall be” substitute “The Secretary of State must endeavour to ensure that those procedures are”.

Article 5 of Regulation (EU) No 255/2010

176.—(1) Article 5 (obligations of Member States concerning the central unit for ATFM) is amended as follows.

(2) In the heading omit “of Member States”.

(3) In the words before point (a) for “Member States shall” substitute “The Secretary of State must endeavour to”.

(4) In each of points (a) and (d) for “EATMN” substitute “UK ATMS”.

Article 6 of Regulation (EU) No 255/2010

177.—(1) Article 6 (general obligations of ATS units) is amended as follows.

(2) In paragraph 1 for “EATMN” substitute “UK ATMS”.

(3) In paragraph 5, in the unnumbered paragraph after point (i) omit “, and by,”.

Article 9 of Regulation (EU) No 255/2010

178.  In Article 9 (consistency between flight plans and airport slots), in each of paragraphs 1 and 4 for “Member States shall” substitute “The Secretary of State must endeavour to”.

Article 10 of Regulation (EU) No 255/2010

179.—(1) Article 10 (obligations concerning critical events) is amended as follows.

(2) In paragraph 1—

(a) for “Member States shall” substitute “The Secretary of State must endeavour to”, and

(b) for “EATMN” substitute “UK ATMS”.

(3) In paragraph 2, in point (c) omit “Member States’”.

Article 11 of Regulation (EU) No 255/2010

180.—(1) Article 11 (monitoring of compliance to ATFM measures) is amended as follows.

(2) In paragraph 1—

(a) for “Member States” substitute “The Secretary of State”, and

(b) omit the second sentence.

(3) In paragraph 2 omit the second sentence.

(4) For paragraph 3 substitute—

“3.   The Secretary of State must endeavour to ensure that the central unit for ATFM notifies the Secretary of State if exemptions in excess of 0,6% of the United Kingdom’s annual departures are granted.”.

(5) In paragraph 4 for “Member States shall” substitute “The Secretary of State must endeavour to”.

(6) In paragraph 6—

(a) for “Member States shall” substitute “The Secretary of State must endeavour to”, and

(b) omit “and that the report is submitted to the Commission”.

(7) In paragraph 7 for “Member States” substitute “The Secretary of State”.

Article 12 of Regulation (EU) No 255/2010

181.—(1) Article 12 (performance assessment) is amended as follows.

(2) In paragraph 1 for “Member States shall” substitute “the Secretary of State must endeavour to”.

(3) In paragraph 2 for “Member States shall” substitute “The Secretary of State must endeavour to”.

(4) Omit the two unnumbered paragraphs after paragraph 2.

Article 13 of Regulation (EU) No 255/2010

182.  In Article 13 (safety requirements) for “Member States” substitute “The Secretary of State”.

Article 14 of Regulation (EU) No 255/2010

183.  In Article 14 (additional requirements), in each of paragraphs 1 and 2, for “Member States” substitute “The Secretary of State”.

Article 15 of Regulation (EU) No 255/2010

184.  Omit Article 15 (penalties).

Article 16 of Regulation (EU) No 255/2010

185.  Omit Article 16 (entry into force and application).

Further amendment of Regulation (EU) No 255/2010

186.  After Article 16 omit the sentence which begins “This Regulation shall be binding”.