The EC/Swiss Air Transport Agreement (Consequential Amendments) Regulations 2004

Explanatory Note

(This note is not part of the Regulations)

As a consequence of the Decision of the Council and Commission of 4th April 2002, which approved, inter alia, an agreement between the European Community and the Swiss Confederation on air transport it is necessary to amend various UK domestic provisions.

These Regulations make the relevant changes in United Kingdom domestic legislation to give effect to the agreement.

The Regulations amend—

The Civil Aviation Act 1982 (sections 69A(5)(a) and 69A(8)) (regulation 2): in the case of section 69A(5)(a) the amendment extends to an operating licence granted by an authority in Switzerland the provision which states that where a person’s operating licence is revoked or suspended the route licence shall also be suspended; the definition of “Community access Regulation” has been amended to take account of the 4th April 2002 agreement; the definition of “operating licence” in the Community licensing Regulation has been extended to include an operating licence granted in Switzerland.

The Licensing of Air Carriers Regulations 1992 (regulations 2(1) and 18(3)) (regulation 3): in regulation 2(1) the definition of Council Regulation has been amended to take account of the Decision of 4th April, 2002; the amendment to regulation 18(3) extends to aircraft registered in Switzerland the provision which requires that an operating licence is not rendered invalid by reason only that the holder uses an aircraft registered in a European Economic Area (“EEA”) State other than the United Kingdom.

The Access for Community Air Carriers to Intra-Community Air Routes Regulations 1992 (regulations 2(1), 2(1A), 2(2), 2(3), 4, 4A, 5(f), 6, and 6A) (regulation 4): in regulation 2(1) the definition of the “Council Regulation” has been amended to take account of the Decision of 4th April, 2002; a definition of “Swiss air carrier” has been given in regulation 2(1A); regulation 2(2) has been amended and regulation 2(3) added to ensure that Swiss air carriers are not construed for the purposes of regulations 4, 4A, 6 and 6A as being “Community air carriers”. Regulation 4A gives Community air carriers and Swiss air carriers traffic rights in accordance with the agreement, and from 1st June 2004 will allow Swiss air carriers to exercise such rights on routes between the United Kingdom and another EEA State. The amendments to 5(d) and 5(f) respectively, extend the provisions regarding routes subject to public service obligations, and regarding scheduled air services where the relevant authority has refused a scheduled air service save on certain conditions, to Switzerland; regulation 6A extends the provisions in regulation 6 regarding the exercising of traffic rights in the absence of permission to Swiss carriers and to Community carriers, to the extent of the routes set out in the agreement. The regulation also makes provision in sub-paragraph (b) for the application of the regulation to Swiss carriers from 1st June 2004 on the routes between the UK and other EEA States which they are permitted to use from that date.

The Air Fares Regulations 1992 (regulation 2(1)) (regulation 5): the definition of “the Council Regulation” has been amended to take account of the Decision of 4th April, 2002.

The Airports Slot Allocation Regulations 1993 (regulation 2(1)) (regulation 6): the definition of “the Council Regulation” has been amended to take account of the Decision of 4th April, 2002.

The Civil Aviation (Investigation of Air Accidents and Incidents) Regulations 1996 (regulations 8(5), 8(7), 9(4) and 13) (regulation 7): the amendment to regulation 8(5) permits the chief inspector of air accidents to delegate the task of carrying out an investigation to Switzerland; regulation 8(7) has been amended to permit the chief inspector to carry out an investigation where the task has been delegated to the United Kingdom by Switzerland; regulation 9(4) has been amended to permit the chief inspector to provide assistance to the investigating body of Switzerland, when requested by it to do so; regulation 13 extends the exception from the requirement upon the chief inspector to report on an accident or incident from those delegated to him by another member State to include Switzerland.

The Airports (Groundhandling) Regulations 1997 (regulation 19(1) and (3)) (regulation 8): regulation 19(1) has been amended to extend to Switzerland the provisions applying to member States on reciprocity by third countries in respect of ground handling; regulation 19(3) extends the list of countries which cannot be “third countries” for the purposes of the Regulations to include Switzerland.

The Aeroplane Noise Regulations 1999 (regulations 3, 4(2), 5(2), 6(2), 7(1), 8(2), 9(2), 10(2) 10(3)(a), 11(1), 12(3)(a), 13(1)(a), 14(3)(a), 18(1), 19(1), 19(2), 27(2), 27(3) and 30(1)) (regulation 9): in regulation 3, the definition of Community air carrier has been extended to include an air carrier granted an operating licence by Switzerland, and reference has been included to the EEA Joint Committee Decision of 21st March 1994, and the Decision of 4th April 2002; the amendment to regulations 4(2), 5(2), 8(2), 9(2), 10(2), 13(1)(a) and 18(1) extend the requirement in respect of noise certificates under the regulations to Switzerland; regulation 6(2) extends the right of exemption of civil propeller-driven aeroplanes in accordance with the Regulations to permit their use in Switzerland; regulation 27(2) and (3) extend the requirement on the CAA to give information on the granting, suspension or revocation of exemptions under the Regulations to Switzerland; regulation 14(3)(a) extends the list of states to which the Regulations are not to apply to include Switzerland, where an exemption is in force granted by that state; regulation 19(1) and (2) provide for the recognition of noise certificates and exemptions granted by Switzerland under the Regulations.

Articles 27(2) and 113(1) of the Air Navigation Order 2000 have been amended to include reference to the 4th April, 2002 agreement (regulation 10).