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

Regulation 4

SCHEDULE 1 Amendment of the Operation of Air Services in the Community Regulations 2009

1.  The Operation of Air Services in the Community Regulations 2009 are amended as follows.

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

3.  In regulation 3—

(a) in paragraph (1), after the definition of “the EC Regulation”, insert—

““Official Record” means a document of that name published on the website of the CAA; and”; and

(b) in paragraph (2)—

(i) for ““Community air carrier”” substitute ““UK air carrier””, and

(ii) after ““operating licence”,” insert ““qualifying air carrier”,”.

4.  In regulation 5—

(a) the existing regulation becomes paragraph (1);

(b) in that paragraph, for “, 14 and 15(3)” substitute “and 14”; and

(c) after that paragraph insert—

“(2) The CAA must publish annually in its Official Record a list of its decisions to grant, suspend or revoke operating licences.”.

5.  For regulation 8(1) substitute—

“(1) Where the CAA revokes or suspends an operating licence that it has granted on the application of the holder, unless otherwise specified by the CAA the revocation or suspension has effect on and from the day after the date on which the holder is notified of the decision.”.

6.  Omit regulation 9(2) and (3).

7.  In regulations 10(1) and 12 for “Community air carrier” substitute “UK air carrier”.

8.  Omit regulation 14.

9.  In regulation 17—

(a) in paragraph (2)(c)—

(i) after “registered in” insert “the United Kingdom or”, and

(ii) before “Community air carrier” insert “UK air carrier or a”;

(b) after paragraph (2) insert—

“(2A) In paragraph (2)(c), “Community air carrier” has the meaning given by Article 2(11) of Regulation (EC) 1008/2008(1) of the European Parliament and of the Council of 24th September 2008 on common rules for the operation of air services in the Community, as it has effect in EU law.”; and

(c) in paragraph (3), for the words from “Annex III” to the end, substitute “Annex II of Commission Regulation (EU) No 965/2012(2) of 5th October 2012 laying down technical requirements and administrative procedures related to air operations pursuant to Regulation (EC) No 216/2008 of the European Parliament and of the Council”.

10.  In regulation 18—

(a) in paragraph (1), for “according to the decision of the Secretary of State under regulation 14”, substitute “in the United Kingdom”; and

(b) in paragraph (2) for “Community air carrier” substitute “UK air carrier”.

11.  Omit regulation 22.

12.  In regulation 23—

(a) in paragraph (1)—

(i) for “Article 16, 17 or 18” substitute “Article 16 or 17”,

(ii) in sub-paragraph (b) omit “EU”, and

(iii) for “Community air carriers” substitute “qualifying air carriers”;

(b) in paragraph (2), for “Community air carrier” substitute “qualifying air carrier”; and

(c) in paragraph (5)(a), for “Article 16, 17 or 18” substitute “Article 16 or 17”.

13.  In regulation 24 for “Community air carrier” substitute “qualifying air carrier”.

14.  In regulation 25—

(a) for “air carrier” substitute “qualifying air carrier”;

(b) in sub-paragraph (a), omit “or between the United Kingdom and another Member State”; and

(c) omit sub-paragraph (b).

15.  Omit regulations 26 and 27.

16.  In Schedule 2—

(a) for paragraph 1 substitute—

“1.   When the CAA provides to a person having a right of appeal written notification of its decision to refuse, revoke or suspend an operating licence, the notification must specify the date on which the decision takes effect.”; and

(b) in paragraph 9, for “the Official Journal of the European Union” substitute “its Official Record”.

17.  In Schedule 4, paragraph 1(1), in the definition of “lease approval”, for paragraph (b) substitute—

“(b) under ARO.OPS.110 of Annex II of Commission Regulation (EU) No 965/2012 of 5th October 2012 laying down technical requirements and administrative procedures related to air operations pursuant to Regulation (EC) No 216/2008 of the European Parliament and of the Council.”.

(1)

OJ No L 293, 31.10.2008, p.3.

(2)

OJ No L 296, 25.10.2012, p.1.