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

PART 3 U.K. Amendment of EU Regulation

Amendment of Regulation (EC) No 785/2004 U.K.

3.  Regulation (EC) No 785/2004 of the European Parliament and of the Council on insurance requirements for air carriers and aircraft operators M1 is amended as follows.

Commencement Information

I1 Reg. 3 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Marginal Citations

M1 OJ L 138 30.4.2004, p. 1.

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 ”.

Commencement Information

I2 Reg. 4 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

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.

Commencement Information

I3 Reg. 5 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

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 M2 ;

(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;”.

Commencement Information

I4 Reg. 6 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Marginal Citations

M2 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.

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 ”.

Commencement Information

I5 Reg. 7 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

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. ”.

Commencement Information

I6 Reg. 8 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

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 ”;

[F1 (c) in paragraph 5, for “The Commission is empowered to adopt delegated acts in accordance with Article 8a amending”, substitute “The Secretary of State may, by regulations, amend”.]

Textual Amendments

F1 Reg. 9(c) substituted (31.12.2020 immediately before IP completion day) by The Civil Aviation (Insurance) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/692), regs. 1, 2(2)

Commencement Information

I7 Reg. 9 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

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 ”;

[F2 (b) in paragraph 2, for “The Commission is empowered to adopt delegated acts in accordance with Article 8a amending”, substitute “The Secretary of State may, by regulations, amend”.]

Textual Amendments

F2 Reg. 10(b) substituted (31.12.2020 immediately before IP completion day) by The Civil Aviation (Insurance) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/692), regs. 1, 2(3)

Commencement Information

I8 Reg. 10 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

[F3 11.   Omit Article 8 (enforcement and sanctions), Article 8a (exercise of the delegation) and Article 9 (committee procedure).]

Textual Amendments

F3 Reg. 11 substituted (31.12.2020 immediately before IP completion day) by The Civil Aviation (Insurance) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/692), regs. 1, 2(4)

Commencement Information

I9 Reg. 11 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

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.”.

Commencement Information

I10 Reg. 12 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

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 ”.

Commencement Information

I11 Reg. 13 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

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

Commencement Information

I12 Reg. 14 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1