The Civil Aviation (Insurance) (Amendment) (EU Exit) Regulations 2018

PART 3 Amendment of EU Regulation

Amendment of Regulation (EC) No 785/2004

3.  Regulation (EC) No 785/2004 of the European Parliament and of the Council on insurance requirements for air carriers and aircraft operators(1) is amended as follows.

4.  In Article 1 (objective of Regulation), in paragraph 2, for “national laws of the Member States” substitute “law of England and Wales, Scotland or Northern Ireland”.

5.  In Article 2 (scope)—

(a) in paragraph 1, for “a Member State to which the Treaty applies” substitute “the United Kingdom”;

(b) omit paragraphs 3 and 4.

6.  In Article 3 (definitions)—

(a) for subparagraph (b) substitute—

“(b) ‘United Kingdom air carrier’ means an air carrier with a valid operating licence granted by the CAA in accordance with Regulation (EC) No 1008/2008(2);

(ba) ‘non-UK air carrier’ means an air carrier which is not a United Kingdom air carrier;”;

(b) after subparagraph (c) insert—

“(ca) ‘the CAA’ means the Civil Aviation Authority;

(cb) ‘the UK competent authority’ means—

(i) in such cases as are indicated by regulation 3(2) of the Civil Aviation (Insurance) Regulations 2005, the Secretary of State or a person authorised by the Secretary of State, and

(ii) in any other case, the CAA;”.

7.  In Article 4 (principles of insurance), in paragraph 3—

(a) in the first indent, for “the Member States and/or the Community are parties,” substitute “the United Kingdom is party, and”;

(b) omit the second indent (and the “and” following it);

(c) in the third indent, for “national law of the Member States” substitute “the law of England and Wales, Scotland or Northern Ireland”.

8.  In Article 5 (compliance)—

(a) in paragraph 1, for “the competent authorities of the Member State concerned” substitute “the UK competent authority”;

(b) omit paragraphs 2, 3 and 4;

(c) in paragraph 5, for the words from “Commission” to the end substitute “Secretary of State may, by regulations, make provision for paragraph 1 to apply with modifications.”.

9.  In Article 6 (levels of insurance in respect of liability for passengers, baggage and cargo)—

(a) in paragraph 1, for “Member States may” substitute “the Secretary of State may, by regulations,”;

(b) in paragraph 4—

(i) for “the Member States” substitute “the United Kingdom”;

(ii) for “non-Community” substitute “non-UK”;

(iii) for “the Community” substitute “the United Kingdom”;

(iv) for “such territory” substitute “the territory of the United Kingdom”;

(c) in paragraph 5(3)—

(i) for “The values referred to in this Article may be adapted,” substitute “The Secretary of State may, by regulations, amend the values in this Article,”;

(ii) omit the words from “Those” to the end.

10.  In Article 7 (levels of insurance in respect of liability for third parties)—

(a) in paragraph 1, for “The Commission” substitute “The UK competent authority”;

(b) in paragraph 2(4)—

(i) for “The values referred to in this Article may be adapted,” substitute “The Secretary of State may, by regulations, amend the values in this Article,”;

(ii) omit the words from “Those” to the end.

11.  Omit Article 8 (enforcement and sanctions) and Article 9 (Committee procedure)(5).

12.  Before Article 10 insert—

“Article 9A (regulations made by the Secretary of State under this Regulation)

1.   Regulations under this Regulation may—

(a) make consequential, supplementary, incidental, transitional, transitory or saving provision;

(b) make different provision for different purposes.

2.   Regulations under this Regulation are to be made by statutory instrument.

3.   A statutory instrument containing regulations under this Regulation may not be made unless a draft of the statutory instrument containing them has been laid before Parliament and approved by a resolution of each House of Parliament.”.

13.  In Article 10 (report and cooperation)—

(a) omit paragraph 1;

(b) in paragraph 2—

(i) for “Member States” substitute “the CAA”;

(ii) for “the Commission” substitute “the Secretary of State”.

14.  After Article 11 (entry into force) omit the paragraph beginning with the words “This Regulation”.

(1)

OJ L 138 30.4.2004, p. 1.

(2)

Regulation (EC) No 1008/2008 of the European Parliament and of the Council of 24 September 2008 on common rules for the operation of air services in the Community.

(3)

Substituted by Regulation (EC) No 1137/2008 of the European Parliament and of the Council of 22 October 2008 (OJ L 311, 21.11.2008, p. 1.), Annex, para.9.12(1).

(4)

Substituted by Regulation (EC) No 1137/2008 of the European Parliament and of the Council of 22 October 2008 (OJ L 311, 21.11.2008, p. 1.), Annex, para.9.12(2).

(5)

Amended by Regulation (EC) No 1137/2008 of the European Parliament and of the Council of 22 October 2008 (OJ L 311, 21.11.2008, p. 1.), Annex, para.9.12(3).