EXPLANATORY NOTE
(This note is not part of the Regulations)
These Regulations are made in exercise of the powers conferred by section 8 of, and paragraph 21 of Schedule 7 to, the European Union (Withdrawal) Act 2018 (c.16) to address failures in retained EU law to operate effectively and other deficiencies (in particular under section 8(2)(a), (b), (d) and (e)) arising from the withdrawal of the United Kingdom from the European Union. They amend the Airports (Groundhandling) Regulations 1997 (“the 1997 Regulations”), which relate to access to the groundhandling market at airports in the United Kingdom.
Regulation 4 amends regulation 10 (groundhandling for third parties) of the 1997 Regulations to re-state part of paragraph (10) in a clearer and more accessible way.
Regulation 5 amends regulation 11 (determinations requiring Commission approval) of the 1997 Regulations to remove the role of the European Commission in approving determinations made by the Civil Aviation Authority (CAA) to limit the number of suppliers of groundhandling services, or limit the number of airport users who can self-handle, at an airport. Regulation 8 makes an amendment consequential on this to Schedule 1 (procedure for determinations by the CAA) to the 1997 Regulations.
Regulation 6 amends regulation 12(5) of the 1997 Regulations, to provide that invitations to tender for the selection of groundhandling suppliers are to be published in the CAA’s Official Record, on its website (www.caa.co.uk), instead of in the Official Journal of the European Union. Regulation 3 inserts a definition of Official Record in regulation 2(1) (interpretation) of the 1997 Regulations.
Regulation 7 amends regulation 19 (reciprocity) of the 1997 Regulations to remove the power of the Secretary of State to take action against suppliers of groundhandling services from a third country, where that third country does not provide reciprocal access to airports in its territory to suppliers of such services from another EU Member State or Switzerland.
An impact assessment has not been produced for this instrument as no, or no significant, impact on the private or voluntary sector is foreseen.
An Explanatory Memorandum is published alongside the instrument on www.legislation.gov.uk.