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

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

Regulation (EU) No 255/2010: introductionU.K.

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.

Commencement Information

I1Reg. 171 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

Article 1 of Regulation (EU) No 255/2010U.K.

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).

Commencement Information

I2Reg. 172 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

Article 2 of Regulation (EU) No 255/2010U.K.

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

Commencement Information

I3Reg. 173 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

Article 3 of Regulation (EU) No 255/2010U.K.

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 ”.

Commencement Information

I4Reg. 174 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

Article 4 of Regulation (EU) No 255/2010U.K.

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 ”.

Commencement Information

I5Reg. 175 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

Article 5 of Regulation (EU) No 255/2010U.K.

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 ”.

Commencement Information

I6Reg. 176 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

Article 6 of Regulation (EU) No 255/2010U.K.

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,”.

Commencement Information

I7Reg. 177 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

Article 9 of Regulation (EU) No 255/2010U.K.

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 ”.

Commencement Information

I8Reg. 178 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

Article 10 of Regulation (EU) No 255/2010U.K.

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'”.

Commencement Information

I9Reg. 179 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

Article 11 of Regulation (EU) No 255/2010U.K.

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 ”.

Commencement Information

I10Reg. 180 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

Article 12 of Regulation (EU) No 255/2010U.K.

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.

Commencement Information

I11Reg. 181 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

Article 13 of Regulation (EU) No 255/2010U.K.

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

Commencement Information

I12Reg. 182 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

Article 14 of Regulation (EU) No 255/2010U.K.

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

Commencement Information

I13Reg. 183 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

Article 15 of Regulation (EU) No 255/2010U.K.

184.  Omit Article 15 (penalties).

Commencement Information

I14Reg. 184 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

Article 16 of Regulation (EU) No 255/2010U.K.

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

Commencement Information

I15Reg. 185 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

Further amendment of Regulation (EU) No 255/2010U.K.

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

Commencement Information

I16Reg. 186 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

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