1.—(1) These Regulations may be cited as the Operation of Air Services (Amendment etc.) (EU Exit) Regulations 2018.
(2) Subject to paragraph (3), these Regulations come into force on exit day.
(3) This regulation, paragraphs 9(c) and 17 of Schedule 1 and regulation 4, in so far as it relates to those paragraphs, come into force on the 22nd day after the day on which these Regulations are made.
Valid from 31/12/2020
2.—(1) The Civil Aviation Act 1982 M1 is amended as follows.
(2) In section 69A M2—
(a)in subsection (2)—
(i)for “Community air carrier” substitute “ UK air carrier ”,
(ii)in paragraph (c) omit “and”, and
(iii)omit paragraph (d);
(b)in subsection (3), for “the exercise of those traffic rights” substitute “ the carriage for reward of passengers or cargo on a route ”;
(c)in subsection (5)—
(i)for “an authority in any EEA State or Switzerland” substitute “ the CAA ”, and
(ii)for “that authority” substitute “ the CAA ”; and
(d)in subsection (8)—
(i)for “Community air carrier” substitute “ UK air carrier ”, and
(ii)for “in any EEA State or Switzerland” substitute “ by the CAA ”.
(3) In section 105(1) M3 omit the definitions of “EEA Agreement” and “EEA State”.
Commencement Information
I1Reg. 2 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)
Marginal Citations
M2Section 69A was inserted by S.I. 1992/2992. Subsections (2), (3) and (5) were amended by S.I.s 2004/1526 and 2009/41. There are other amendments but none is relevant.
M3Section 105(1) was amended by S.I. 1994/1732 to insert the definitions of “EEA Agreement” and “EEA State”. There are other amendments but none is relevant.
Valid from 31/12/2020
3.—(1) Regulation 2 of the Civil Aviation (Allocation of Scarce Capacity) Regulations 2007 M4 is amended as follows.
(2) In the definition of “air service agreement”—
(a)for “a third country” substitute “ another country ”; and
(b)omit the words from “which is described” to the end.
(3) For the definition of “qualifying carrier” substitute—
““qualifying carrier”, in relation to a capacity constrained route, means—
(a)an undertaking which has been granted an air transport licence in accordance with section 65 of the Act,
(b)a UK air carrier as defined in section 69A(8) of the Act, or
(c)any other air carrier authorised in accordance with an air service agreement to operate services on that route as an airline of the United Kingdom;”.
(4) Omit the definition of “third country”.
Commencement Information
I2Reg. 3 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)
Marginal Citations
4. The Operation of Air Services in the Community Regulations 2009 M5 are amended in accordance with Schedule 1.
Commencement Information
I3Reg. 4 in force for specified purposes on 9.1.2019 and in force otherwise on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)(3)
Marginal Citations
M5S.I. 2009/41, amended by S.I. 2009/3015, S.I. 2011/1043 and S.I. 2013/486.
Valid from 31/12/2020
5.—(1) The Operation of Air Services in the Community (Pricing etc.) Regulations 2013 M6 are amended as follows.
(2) In the title and in regulation 1 omit “in the Community”.
(3) Omit regulation 28.
Commencement Information
I4Reg. 5 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)
Marginal Citations
M6S.I. 2013/486, amended by S.I. 2014/549.
Valid from 31/12/2020
6.—(1) The Air Navigation Order 2016 M7 is amended as follows.
(2) Omit article 250(6)(a).
(3) In article 252—
(a)in the heading, for “an EEA state” substitute “ the United Kingdom ”; and
(b)omit paragraph (2)(a).
(4) In article 260(2), for “a country which is outside the European Economic Area” substitute “ another country ”.
(5) In the entry for Article 252, in the table in Schedule 13, Part 3, Chapter 1, for “an EEA state” substitute “ the United Kingdom ”.
Commencement Information
I5Reg. 6 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)
Marginal Citations
M7S.I. 2016/765, to which there are amendments not relevant to these Regulations.
Valid from 31/12/2020
7. Regulation (EC) No 1008/2008 of the European Parliament and of the Council of 24th September 2008 on common rules for the operation of air services in the Community is amended in accordance with Schedule 2.
Commencement Information
I6Reg. 7 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)
8. Regulation (EC) No 847/2004 of the European Parliament and of the Council of 29th April 2004 on the negotiation and implementation of air services agreements between Member States and third countries is revoked.
Commencement Information
I7Reg. 8 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)
Valid from 31/12/2020
9. Omit paragraph 64a of Annex XIII to the EEA Agreement.
Commencement Information
I8Reg. 9 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)
Valid from 31/12/2020
10.—(1) Any operating licence which, by virtue of paragraph 37 of Schedule 8 to the European Union (Withdrawal) Act 2018 (continuity of existing acts etc.), would otherwise continue to be valid on and after exit day, ceases to be valid on exit day if it was not granted by the Civil Aviation Authority.
(2) In this regulation, “operating licence” has the meaning given in Regulation (EC) 1008/2008 M8 of the European Parliament and of the Council on common rules for the operation of air services in the Community EU, as it has effect in EU law.
Commencement Information
I9Reg. 10 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)
Marginal Citations
M8OJ No L 293, 31.10.2008, p.3.
Signed by authority of the Secretary of State for Transport
Sugg
Parliamentary Under Secretary of State
Department for Transport
18th December 2018