The Operation of Air Services (Amendment etc.) (EU Exit) Regulations 2018

PART 1 Introduction

Citation and commencement

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.

PART 2 Amendment of primary legislation

Amendment of the Civil Aviation Act 1982

2.—(1) The Civil Aviation Act 1982(1) is amended as follows.

(2) In section 69A(2)—

(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)(3) omit the definitions of “EEA Agreement” and “EEA State”.

PART 3 Amendment of subordinate legislation

Amendment of the Civil Aviation (Allocation of Scarce Capacity) Regulations 2007

3.—(1) Regulation 2 of the Civil Aviation (Allocation of Scarce Capacity) Regulations 2007(4) 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”.

Amendment of the Operation of Air Services in the Community Regulations 2009

4.  The Operation of Air Services in the Community Regulations 2009(5) are amended in accordance with Schedule 1.

Amendment of the Operation of Air Services in the Community (Pricing etc.) Regulations 2013

5.—(1) The Operation of Air Services in the Community (Pricing etc.) Regulations 2013(6) are amended as follows.

(2) In the title and in regulation 1 omit “in the Community”.

(3) Omit regulation 28.

Amendment of the Air Navigation Order 2016

6.—(1) The Air Navigation Order 2016(7) 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”.

PART 4 Amendment and revocation of retained direct EU legislation

Amendment of Regulation (EC) No 1008/2008

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.

Revocation of Regulation (EC) No 847/2004

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.

PART 5 Amendment of the Annexes to the EEA Agreement

Amendment of Annex XIII to the EEA Agreement

9.  Omit paragraph 64a of Annex XIII to the EEA Agreement.

PART 6 Transitional and savings arrangements

Operating licences: transitional and savings arrangements

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(8) 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.

Signed by authority of the Secretary of State for Transport

Sugg

Parliamentary Under Secretary of State

Department for Transport

18th December 2018