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The Air Traffic Management (Amendment etc.) (EU Exit) Regulations 2019

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PART 2U.K.Amendment and revocation of retained direct principal EU legislation

CHAPTER 1U.K.Amendment of Regulation (EC) No 549/2004

Regulation (EC) No 549/2004: introductionU.K.

2.  Regulation (EC) No 549/2004 of the European Parliament and of the Council of 10 March 2004 laying down the framework for the creation of the single European sky (the framework Regulation) is amended in accordance with regulations 3 to 18.

Commencement Information

I1Reg. 2 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

Article 1 of Regulation (EC) No 549/2004U.K.

3.—(1) Article 1 (objective and scope) is amended as follows.

(2) In the heading, for “Objective and scope” substitute “ Scope ”.

(3) Omit paragraph 1.

(4) In paragraph 2—

(a)for “Member States'” substitute “the United Kingdom's”,

(b)for “their” substitute “ its ”, and

(c)omit “of the Member States”.

(5) In paragraph 3—

(a)in the first sentence, for “Member States” substitute “ the United Kingdom ”, and

(b)omit the second sentence.

(6) Omit paragraph 4.

Commencement Information

I2Reg. 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(2)

Article 2 of Regulation (EC) No 549/2004U.K.

4.—(1) Article 2 (definitions) is amended as follows.

(2) After point 14 insert—

14.(a) ‘the CAA’ means the Civil Aviation Authority;.

(3) In point 15 (certificate) for “a national supervisory authority in any form complying with national law,” substitute “ the national supervisory authority ”.

(4) In point 17 (European air traffic management network)—

(a)after “collection of” insert “ relevant ”,

(b)omit the words beginning with “listed” and ending with “(the interoperability Regulation)”, and

(c)at the end insert—

For these purposes relevant systems are:

(a)systems and procedures for airspace management,

(b)systems and procedures for air traffic flow management,

(c)systems and procedures for air traffic services, in particular flight data processing systems, surveillance data processing systems and human-machine interface systems,

(d)communications systems and procedures for ground-to-ground, air-to-ground and air-to-air communications,

(e)navigation systems and procedures,

(f)surveillance systems and procedures,

(g)systems and procedures for aeronautical information services, and

(h)systems and procedures for the use of meteorological information;.

(5) In point 18 (concept of operation) for “EATMN” substitute “ UK ATMS ”.

(6) In point 19 (constituents) after “of the” insert “ UK ATMS with the ”.

(7) In point 28 (interoperability)—

(a)for “EATMN” substitute “ UK ATMS ”, and

(b)after “efficient operation” insert “ in relation to the EATMN ”.

(8) In point 32 (procedure) after “throughout” insert “ the UK ATMS and in relation to ”.

(9) In point 36 (seamless operation)—

(a)after “operation of” insert “ the UK ATMS in relation to ”, and

(b)for “it functions as if it” substitute “ the UK ATMS functions as if it and the EATMN ”.

(10) After point 39 (system) insert—

39.(a) ‘United Kingdom air traffic management system’ or ‘UK ATMS’ means the collection of relevant systems enabling air navigation services in the United Kingdom to be provided, including the interfaces at boundaries with other countries and territories. For these purposes relevant systems are:

(a)systems and procedures for airspace management,

(b)systems and procedures for air traffic flow management,

(c)systems and procedures for air traffic services, in particular flight data processing systems, surveillance data processing systems and human-machine interface systems,

(d)communications systems and procedures for ground-to-ground, air-to-ground and air-to-air communications,

(e)navigation systems and procedures,

(f)surveillance systems and procedures,

(g)systems and procedures for aeronautical information services, and

(h)systems and procedures for the use of meteorological information;.

(11) In point 41 (cross-border services)—

(a)for “one Member State” substitute “ the United Kingdom ”, and

(b)for “another” substitute “ a ”.

Commencement Information

I3Reg. 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(2)

Article 3 of Regulation (EC) No 549/2004U.K.

5.—(1) Article 3 (fields for action by the Community) is amended as follows.

(2) In the heading omit “by the Community”.

(3) In paragraph 1—

(a)in the words before point (a) omit “for the creation of the single European sky”,

(b)in the words after point (c), after “adopted” insert “ before exit day ”,

(c)in those words for “regulations” substitute “ Regulations ”, and

(d)at the end of those words insert “ as well as with the regulations made on or after exit day by the Secretary of State under any of the Regulations referred to in this Article. ”.

Commencement Information

I4Reg. 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(2)

Article 4 of Regulation (EC) No 549/2004U.K.

6.—(1) Article 4 (national supervisory authorities) is amended as follows.

(2) In the heading for “authorities” substitute “ authority ”.

(3) In paragraph 1—

(a)for “Member States” substitute “ The Secretary of State ”,

(b)omit “, jointly or individually,”, and

(c)for “their” substitute “ the ”.

(4) In paragraph 2 for “authorities”, in both places it occurs, substitute “ authority ”.

(5) In paragraph 3—

(a)for “National supervisory authorities” substitute “ The national supervisory authority ”,

(b)for “their” substitute “ its ”,

(c)after “powers” insert “ under this Regulation and under the measures referred to in Article 3 ”, and

(d)omit the words from “This shall be” to the end of the paragraph.

(6) In paragraph 4—

(a)for “Member States” substitute “ The national supervisory authority ”,

(b)for “national supervisory authorities have” substitute “ it has ”,

(c)for “them” substitute “ it ”, and

(d)after “Regulation” insert “ and under the measures referred to in Article 3 ”.

(7) Omit paragraph 5.

Commencement Information

I5Reg. 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(2)

Article 5 of Regulation (EC) No 549/2004U.K.

7.  Omit Article 5 (Committee procedure).

Commencement Information

I6Reg. 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(2)

Article 6 of Regulation (EC) No 549/2004U.K.

8.  Omit Article 6 (industry consultation body).

Commencement Information

I7Reg. 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(2)

Article 7 of Regulation (EC) No 549/2004U.K.

9.  Omit Article 7 (relations with European third countries).

Commencement Information

I8Reg. 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(2)

Article 8 of Regulation (EC) No 549/2004U.K.

10.  Omit Article 8 (implementing rules).

Commencement Information

I9Reg. 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(2)

Article 9 of Regulation (EC) No 549/2004U.K.

11.  Omit Article 9 (penalties).

Commencement Information

I10Reg. 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(2)

Article 10 of Regulation (EC) No 549/2004U.K.

12.  Omit Article 10 (consultation of stakeholders).

Commencement Information

I11Reg. 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(2)

Article 11 of Regulation (EC) No 549/2004U.K.

13.  Omit Article 11 (performance scheme).

Commencement Information

I12Reg. 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(2)

Article 12 of Regulation (EC) No 549/2004U.K.

14.—(1) Article 12 (supervision, monitoring and methods of impact assessment) is amended as follows.

(2) In the heading for “Supervision, monitoring and methods of impact assessment” substitute “ Review ”.

(3) Omit paragraph 1.

(4) In paragraph 2—

(a)for “The Commission” substitute “ The Secretary of State ”, and

(b)omit the words beginning with “, and shall firstly” to the end of the paragraph.

(5) Omit paragraph 3.

(6) In paragraph 4—

(a)for “The reports shall contain” substitute “ The review must include ”,

(b)after “Regulation” insert “ and to the measures referred to in Article 3 ”, and

(c)omit “, in the light of the original objectives”.

Commencement Information

I13Reg. 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(2)

Article 13 of Regulation (EC) No 549/2004U.K.

15.—(1) Article 13 (safeguards) is amended as follows.

(2) In the first paragraph—

(a)after “Regulation” insert “ and the measures referred to in Article 3 ”, and

(b)omit “by a Member State”.

(3) In the first indent for “its responsibility” substitute “ the responsibility of the United Kingdom ”.

(4) In the fourth indent for “a Member State's” substitute “the United Kingdom's”.

Commencement Information

I14Reg. 15 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

Article 13a of Regulation (EC) No 549/2004U.K.

16.  Omit Article 13a (European Aviation Safety Agency).

Commencement Information

I15Reg. 16 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

Article 14 of Regulation (EC) No 549/2004U.K.

17.  Omit Article 14 (entry into force).

Commencement Information

I16Reg. 17 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

Further amendment of Regulation (EC) No 549/2004U.K.

18.  After Article 14 omit the sentence which begins “This Regulation shall be binding”.

Commencement Information

I17Reg. 18 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

CHAPTER 2U.K.Amendment of Regulation (EC) No 550/2004

Regulation (EC) No 550/2004: introductionU.K.

19.  Regulation (EC) No 550/2004 of the European Parliament and of the Council of 10 March 2004 on the provision of air navigation services in the single European sky (the service provision Regulation) is amended in accordance with regulations 20 to 44.

Commencement Information

I18Reg. 19 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

Article 1 of Regulation (EC) No 550/2004U.K.

20.  In Article 1 (scope and objective), in paragraph 1—

(a)for “in the single European sky” substitute “ which form part of the UK ATMS ”, and

(b)for “the Community” substitute “ the airspace under the responsibility of the United Kingdom ”.

Commencement Information

I19Reg. 20 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

Article 2 of Regulation (EC) No 550/2004U.K.

21.—(1) Article 2 (tasks of the national supervisory authorities) is amended as follows.

(2) In the heading for “authorities” substitute “ authority ”.

(3) In paragraph 1—

(a)for “authorities” substitute “ authority ”, and

(b)for the words from “Member” to the end of the paragraph substitute “ United Kingdom ”.

(4) In paragraph 2 for “each” substitute “ the ”.

(5) Omit paragraphs 3 to 6.

Commencement Information

I20Reg. 21 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

Article 3 of Regulation (EC) No 550/2004U.K.

22.—(1) Article 3 (qualified entities) is amended as follows.

(2) In paragraph 1 for “National supervisory authorities” substitute “ The national supervisory authority ”.

(3) In paragraph 2—

(a)for “a national” substitute “ the national ”,

(b)omit “within the Community”, and

(c)omit the second sentence.

Commencement Information

I21Reg. 22 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

Article 4 of Regulation (EC) No 550/2004U.K.

23.  Omit Article 4 (safety requirements).

Commencement Information

I22Reg. 23 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

Article 6 of Regulation (EC) No 550/2004U.K.

24.—(1) Article 6 (common requirements) is amended as follows.

(2) The single paragraph becomes paragraph 1.

(3) In that paragraph, for the first sentence substitute “ The Secretary of State may by regulations made by statutory instrument prescribe common requirements for the provision of air navigation services in the airspace under the responsibility of the United Kingdom. ”.

(4) After that paragraph insert—

2.  Regulations under paragraph 1—

(a)may make different provision for different purposes;

(b)may make transitional, transitory or saving provision;

(c)may make consequential, incidental or supplementary provision.

3.  A statutory instrument containing regulations under paragraph 1 is subject to annulment in pursuance of a resolution of either House of Parliament...

Commencement Information

I23Reg. 24 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

Article 7 of Regulation (EC) No 550/2004U.K.

25.—(1) Article 7 (certification of air navigation service providers) is amended as follows.

(2) In paragraph 1—

(a)for “within the Community” substitute “ in the airspace under the responsibility of the United Kingdom ”, and

(b)for “Member States” substitute “ the national supervisory authority ”.

(3) In paragraph 2 omit the words from “of the” to the end of the paragraph.

(4) In paragraph 3 for “National supervisory authorities” substitute “ The national supervisory authority ”.

(5) In paragraph 5—

(a)for “Member States” substitute “ the national supervisory authority ”,

(b)for “their responsibility” substitute “ the responsibility of the United Kingdom ”, and

(c)omit the second sentence.

(6) Omit paragraph 6.

(7) In paragraph 7—

(a)for “National supervisory authorities” substitute “ The national supervisory authority ”,

(b)omit the second sentence, and

(c)for “a national” substitute “ the national ”.

(8) For paragraph 8 substitute—

8.  Any certificate issued before exit day in a Member State in accordance with Article 7 of Regulation (EC) No 550/2004 M1 which continues to be in force or effective on or after exit day by virtue of Part 3 of Schedule 8 to the European Union (Withdrawal) Act 2018 is:

(a)to continue to be in force or effective on and after exit day for the remainder of its validity period up to a maximum of 2 years (subject to any earlier suspension or cancellation by the national supervisory authority); and

(b)for the purposes of this Regulation and the other measures referred to in Article 3 of the framework Regulation, to be treated as if it was issued by the national supervisory authority in accordance with this Article..

(9) Omit paragraph 9.

Commencement Information

I24Reg. 25 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

Marginal Citations

M1OJ L 96, 31.3.2004, p. 10.

Article 8 of Regulation (EC) No 550/2004U.K.

26.—(1) Article 8 (designation of air traffic service providers) is amended as follows.

(2) In paragraph 1—

(a)for “Member States”, in the first place those words occur, substitute “ The national supervisory authority ”,

(b)for “their responsibility” substitute “ the responsibility of the United Kingdom ”,

(c)for “Member States”, in the second place those words occur, substitute “ the national supervisory authority ”, and

(d)for “in the Community” substitute “ issued in accordance with Article 7 ”.

(3) Omit paragraph 2.

(4) In paragraph 3—

(a)for “Member States” substitute “ The national supervisory authority ”, and

(b)for “their responsibility” substitute “ the responsibility of the United Kingdom ”.

(5) In paragraph 4 for “Member States” substitute “ The national supervisory authority ”.

(6) Omit paragraphs 5 and 6.

Commencement Information

I25Reg. 26 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

Article 9 of Regulation (EC) No 550/2004U.K.

27.—(1) Article 9 (designation of providers of meteorological services) is amended as follows.

(2) In paragraph 1—

(a)for “Member States” substitute “ The national supervisory authority ”, and

(b)for “their responsibility” substitute “ the responsibility of the United Kingdom ”.

(3) Omit paragraph 2.

Commencement Information

I26Reg. 27 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

Article 9a of Regulation (EC) No 550/2004U.K.

28.  Omit Article 9a (functional airspace blocks).

Commencement Information

I27Reg. 28 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

Article 9b of Regulation (EC) No 550/2004U.K.

29.  Omit Article 9b (functional airspace blocks system coordinator).

Commencement Information

I28Reg. 29 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

Article 10 of Regulation (EC) No 550/2004U.K.

30.—(1) Article 10 (relations between service providers) is amended as follows.

(2) In paragraph 1 for “in the Community” substitute “ in accordance with Article 7 ”.

(3) In paragraph 2 omit “or authorities concerned”.

(4) In paragraph 3—

(a)for “Member States concerned”, in both places those words occur, substitute “ the national supervisory authority ”, and

(b)for “they have” substitute “ it has ”.

Commencement Information

I29Reg. 30 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

Article 11 of Regulation (EC) No 550/2004U.K.

31.  Omit Article 11 (relations with military authorities).

Commencement Information

I30Reg. 31 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

Article 12 of Regulation (EC) No 550/2004U.K.

32.—(1) Article 12 (transparency of accounts) is amended as follows.

(2) In paragraph 1 for “the international accounting standards adopted by the Community” substitute “ international accounting standards within the meaning of Regulation (EC) No 1606/2002 of the European Parliament and of the Council of 19 July 2002 on the application of international accounting standards (see Article 2 of that Regulation) ”.

(3) In paragraph 3 omit the words beginning with “, broken down” and ending with “Article 14”.

(4) In paragraph 4—

(a)for “Member States shall designate the competent authorities that” substitute “ The national supervisory authority ”, and

(b)for “their responsibility” substitute “ the responsibility of the United Kingdom ”.

(5) Omit paragraph 5.

Commencement Information

I31Reg. 32 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

Article 13 of Regulation (EC) No 550/2004U.K.

33.  In Article 13 (access to and protection of data), in paragraph 3—

(a)for “National supervisory authorities” substitute “ The national supervisory authority ”, and

(b)omit the third sentence.

Commencement Information

I32Reg. 33 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

Article 14 of Regulation (EC) No 550/2004U.K.

34.  Omit Article 14 (charging schemes: general).

Commencement Information

I33Reg. 34 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

Article 15 of Regulation (EC) No 550/2004U.K.

35.  Omit Article 15 (charging schemes: principles).

Commencement Information

I34Reg. 35 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

Article 15a of Regulation (EC) No 550/2004U.K.

36.  For Article 15a (common projects) substitute—

Article 15aU.K.Common projects

1.  The Secretary of State may by regulations made by statutory instrument make provision imposing on any person a requirement derived from a common project within the meaning of Article 15a of Regulation (EC) No 550/2004 of the European Parliament and of the Council of 10 March 2004 on the provision of air navigation services in the single European sky, as that Regulation has effect in EU law as amended from time to time M2.

2.  Regulations under paragraph 1—

(a)may make different provision for different purposes;

(b)may make transitional, transitory or saving provision;

(c)may make consequential, incidental or supplementary provision.

3.  A statutory instrument containing regulations under paragraph 1 is subject to annulment in pursuance of a resolution of either House of Parliament..

Commencement Information

I35Reg. 36 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

Marginal Citations

M2OJ L 96, 31.3.2004, p. 10.

Article 16 of Regulation (EC) No 550/2004U.K.

37.  Omit Article 16 (review of compliance).

Commencement Information

I36Reg. 37 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

Article 17 of Regulation (EC) No 550/2004U.K.

38.  For Article 17 (revision of annexes) substitute—

Article 17U.K.Revision of Annexes

1.  The Secretary of State may by regulations made by statutory instrument amend Annex 1 or 2.

2.  Regulations under paragraph 1—

(a)may make different provision for different purposes;

(b)may make transitional, transitory or saving provision;

(c)may make consequential, incidental or supplementary provision.

3.  A statutory instrument containing regulations under paragraph 1 is subject to annulment in pursuance of a resolution of either House of Parliament..

Commencement Information

I37Reg. 38 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

Article 18 of Regulation (EC) No 550/2004U.K.

39.—(1) Article 18 (confidentiality) is amended as follows.

(2) In paragraph 1—

(a)for “authorities, acting in accordance with their national legislation” substitute “ authority ”, and

(b)for “Commission” substitute “ Secretary of State ”.

(3) In paragraph 2—

(a)for “national supervisory authorities” substitute “ the national supervisory authority ”, and

(b)for “Commission” substitute “ Secretary of State ”.

(4) Omit paragraph 3.

Commencement Information

I38Reg. 39 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

Article 18a of Regulation (EC) No 550/2004U.K.

40.  Omit Article 18a (review).

Commencement Information

I39Reg. 40 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

Article 19 of Regulation (EC) No 550/2004U.K.

41.  Omit Article 19 (entry into force).

Commencement Information

I40Reg. 41 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

Further amendment of Regulation (EC) No 550/2004U.K.

42.  After Article 19 omit the sentence which begins “This Regulation shall be binding”.

Commencement Information

I41Reg. 42 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

Annex 1 to Regulation (EC) No 550/2004U.K.

43.  In Annex 1 (requirements for qualified entities)—

(a)in the sixth indent omit “concerned”, and

(b)in the ninth indent omit the words from “recognised” to the end.

Commencement Information

I42Reg. 43 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

Annex 2 to Regulation (EC) No 550/2004U.K.

44.  In Annex 2 (conditions to be attached to certificates) omit point 1(a).

Commencement Information

I43Reg. 44 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

CHAPTER 3U.K.Amendment of Regulation (EC) No 551/2004

Regulation (EC) No 551/2004: introductionU.K.

45.  Regulation (EC) No 551/2004 of the European Parliament and of the Council of 10 March 2004 on the organisation and use of the airspace in the single European sky (the airspace Regulation) is amended in accordance with regulations 46 to 55.

Commencement Information

I44Reg. 45 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

Article 1 of Regulation (EC) No 551/2004U.K.

46.—(1) Article 1 (objective and scope) is amended as follows.

(2) In paragraph 1—

(a)for “in the Single European Sky” substitute “ under the responsibility of the United Kingdom ”, and

(b)omit the words from “support” to “and to”.

(3) In paragraph 3—

(a)for “and AFI regions where Member States are” substitute “ region where the United Kingdom is ”, and

(b)omit the second sentence.

(4) Omit paragraph 4.

Commencement Information

I45Reg. 46 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

Article 3 of Regulation (EC) No 551/2004U.K.

47.  Omit Article 3 (European Upper Flight Information Region).

Commencement Information

I46Reg. 47 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

Article 3a of Regulation (EC) No 551/2004U.K.

48.—(1) Article 3a (electronic aeronautical information) is amended as follows.

(2) In paragraph 1 for the words beginning with “Without” and ending with “cooperation” substitute “ The national supervisory authority, working in consultation ”.

(3) In paragraph 2—

(a)in the opening words for “Commission” substitute “ national supervisory authority ”,

(b)in point (a) for “ensure the development of a Community wide” substitute “ contribute to the development of an ”, and

(c)in point (b) for “close cooperation” substitute “ consultation ”.

(4) Omit paragraph 3.

Commencement Information

I47Reg. 48 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

Article 4 of Regulation (EC) No 551/2004U.K.

49.—(1) Article 4 (rules of the air and airspace classification) is amended as follows.

(2) The unnumbered paragraph becomes paragraph 1.

(3) In that paragraph, for the words before point (a) substitute—

1.  The Secretary of State may by regulations made by statutory instrument make provision to:

(4) In point (b) omit the words from “, in order” to the end.

(5) At the end insert—

2.  Regulations under paragraph 1—

(a)may make different provision for different purposes;

(b)may make transitional, transitory or saving provision;

(c)may make consequential, incidental or supplementary provision.

3.  A statutory instrument containing regulations under paragraph 1 is subject to annulment in pursuance of a resolution of either House of Parliament...

Commencement Information

I48Reg. 49 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

Article 6 of Regulation (EC) No 551/2004U.K.

50.—(1) Article 6 (network management and design) is amended as follows.

(2) For paragraphs 1 to 5 substitute—

1.  The Secretary of State may by regulations made by statutory instrument make provision imposing requirements on any person in connection with the exercise by any person of the air traffic management (ATM) network functions.

2.  The air traffic management (ATM) network functions are—

(a)the functions described in Article 6(2) of Regulation (EC) No 551/2004, as that regulation has effect in EU law as amended from time to time M3,

(b)additional functions added to that list in accordance with Article 6(3) of that Regulation as it has effect in EU law as amended from time to time, and

(c)functions under implementing rules adopted under Article 6(4) of that Regulation as it has, and as those rules have, effect in EU law as amended from time to time..

(3) In paragraph 6 for “Member States” substitute “ The Secretary of State ”.

(4) In paragraph 7—

(a)for “Implementing rules for” substitute “ The Secretary of State may by regulations made by statutory instrument make provision about ”,

(b)omit the words beginning with “shall be developed” and ending with “Article 5(3) of the framework Regulation,”, and

(c)for “These rules” substitute “ Regulations under this paragraph ”.

(5) In paragraph 8 for “The implementing rules for air traffic flow management” substitute “ Regulations under paragraph 7 ”.

(6) In paragraph 9 for “the implementing rules the Commission” substitute “ regulations under paragraph 7 the Secretary of State ”.

(7) At the end insert—

10.  Regulations under paragraph 1 or 7—

(a)may make different provision for different purposes;

(b)may make transitional, transitory or saving provision;

(c)may make consequential, incidental or supplementary provision.

11.  A statutory instrument containing regulations under paragraph 1 or 7 is subject to annulment in pursuance of a resolution of either House of Parliament..

Commencement Information

I49Reg. 50 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

Marginal Citations

M3OJ L 96, 31.3.2004, p. 20.

Article 7 of Regulation (EC) No 551/2004U.K.

51.—(1) Article 7 (flexible use of airspace) is amended as follows.

(2) In paragraph 1—

(a)for “their responsibility” substitute “ the responsibility of the Secretary of State ”,

(b)for “Member States” substitute “ the persons mentioned in paragraph 1A ”,

(c)for “Single European Sky” substitute “ UK ATMS ”, and

(d)omit “in the context of the common transport policy”.

(3) After that paragraph insert—

1A.  Those persons are:

(a)any air navigation service provider,

(b)the national supervisory authority, and

(c)the Secretary of State..

(4) In paragraph 2—

(a)for “Member States” substitute “ The national supervisory authority ”,

(b)for “Commission” substitute “ Secretary of State ”,

(c)omit “, in the context of the common transport policy,”, and

(d)for “their responsibility” substitute “ the responsibility of the United Kingdom ”.

(5) For paragraph 3 substitute—

3.  The Secretary of State may by regulations made by statutory instrument make provision about the flexible use of airspace.

4.  When making regulations under paragraph 3 the Secretary of State must have regard to the reports mentioned in paragraph 2.

5.  Regulations under paragraph 3—

(a)may make different provision for different purposes;

(b)may make transitional, transitory or saving provision;

(c)may make consequential, incidental or supplementary provision.

6.  A statutory instrument containing regulations under paragraph 3 is subject to annulment in pursuance of a resolution of either House of Parliament...

Commencement Information

I50Reg. 51 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

Article 8 of Regulation (EC) No 551/2004U.K.

52.  For Article 8 (temporary suspension) substitute—

Article 8U.K.Disapplication of Article 7

Article 7(1) does not apply if and to the extent that it gives rise to significant operational difficulties..

Commencement Information

I51Reg. 52 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

Article 10 of Regulation (EC) No 551/2004U.K.

53.  Omit Article 10 (review).

Commencement Information

I52Reg. 53 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

Article 10 of Regulation (EC) No 551/2004U.K.

54.  Omit Article 11 (entry into force).

Commencement Information

I53Reg. 54 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

Further amendment of Regulation (EC) No 551/2004U.K.

55.  After Article 11 omit the sentence which begins “This Regulation shall be binding”.

Commencement Information

I54Reg. 55 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

CHAPTER 4U.K.Amendment of Regulation (EC) No 552/2004

Regulation (EC) No 552/2004: introductionU.K.

56.  Regulation (EC) No 552/2004 of the European Parliament and of the Council of 10 March 2004 on the interoperability of the European Air Traffic Management network (the interoperability Regulation) is amended in accordance with regulations 57 to 63.

Commencement Information

I55Reg. 56 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

Article 4 of Regulation (EC) No 552/2004U.K.

57.—(1) Article 4 (community specifications) is amended as follows.

(2) In paragraph 1—

(a)for the words before point (a) substitute “ In this Regulation and the other measures referred to in Article 3 of the framework Regulation, “Community specifications” means: ”, and

(b)in point (b), for “the framework Regulation” substitute “ Regulation (EC) No 549/2004 of the European Parliament and of the Council of 10 March 2004 laying down the framework for the creation of the single European sky, as that Regulation has effect in EU law as amended from time to time M4.

(3) Omit paragraphs 3 and 4.

(4) In paragraph 5—

(a)for “a Member State or the Commission” substitute “ the Secretary of State ”, and

(b)for the words beginning with “which” to the end of the paragraph substitute “ to which the said Community specification relates, the Secretary of State may direct that paragraph 2 does not apply in relation to the specification. Accordingly, compliance with the essential requirements and/or the implementing rules for interoperability must not be presumed for systems, together with the associated procedures, or constituents that meet the specification. ”.

(5) After paragraph (5) insert—

5A.  As soon as possible after making a direction under paragraph 5 the Secretary of State must publish the direction in a way that the Secretary of State considers is likely to bring it to the attention of persons likely to be interested in it...

(6) Omit paragraphs 6 and 7.

Commencement Information

I56Reg. 57 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

Marginal Citations

M4OJ L 96, 31.3.2004, p. 1.

Article 5 of Regulation (EC) No 552/2004U.K.

58.—(1) Article 5 (declaration of conformity or suitability for use of constituents) is amended as follows.

(2) In the heading for “EC declaration” substitute “ Declaration ”.

(3) In paragraph 1 for “an EC” substitute “ a ”.

[F1(4) In paragraph 2 omit “established in the Community” and “EC”.]

(5) In paragraph 3 omit “EC”.

(6) After paragraph 3 insert—

3A.  Paragraph 3B applies in relation to an EC declaration of conformity or suitability for use made before exit day in accordance with Article 5 of Regulation (EC) No 552/2204 M5 which continues to be in force or effective on or after exit day by virtue of Part 3 of Schedule 8 to the European Union (Withdrawal) Act 2018.

3B.  The declaration is, for the purposes of this Regulation and the other measures referred to in Article 3 of the framework Regulation, to be treated as a declaration made in accordance with this Article by a manufacturer F2.....

(7) In paragraph 4 for “notified bodies referred to in Article 8” substitute “ bodies appointed to carry out those tasks ”.

Textual Amendments

Commencement Information

I57Reg. 58 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

Marginal Citations

M5OJ L 96, 31.3.2004, p. 26.

Article 6 of Regulation (EC) No 552/2004U.K.

59.—(1) Article 6 (declaration of verification of systems) is amended as follows.

(2) In the heading for “EC declaration” substitute “ Declaration ”.

(3) In paragraph 1—

(a)for “an EC” substitute “ a ”, and

(b)omit “, when integrated into the EATMN”.

(4) In paragraph 2 for “an EC” substitute “ a ”.

(5) After paragraph 2 insert—

2A.  Paragraph 2B applies in relation to an EC declaration of verification submitted to the national supervisory authority of a Member State before exit day in accordance with Article 6 of Regulation (EC) No 552/2004 M6 which continues to be in force or effective on or after exit day by virtue of Part 3 of Schedule 8 to the European Union (Withdrawal) Act 2018.

2B.  The declaration is, for the purposes of this Regulation and the other measures referred to in Article 3 of the framework Regulation, to be treated as a declaration submitted to the national supervisory authority in accordance with this Article..

(6) In paragraph 3 for “notified bodies as referred to in Article 8” substitute “ bodies appointed to carry out those tasks ”.

(7) In paragraph 4 omit “EC”.

Commencement Information

I58Reg. 59 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

Marginal Citations

M6OJ L 96, 31.3.2004, p. 26.

Article 6a of Regulation (EC) No 552/2004U.K.

60.  In Article 6a (alternative verification of compliance) omit “EC” in the second and third places it occurs.

Commencement Information

I59Reg. 60 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

Article 7 of Regulation (EC) No 552/2004U.K.

61.—(1) Article 7 (safeguards) is amended as follows.

(2) In paragraph 1—

(a)in sub-paragraph (a) for “an EC” substitute “ a ”, and

(b)in sub-paragraph (b) omit “EC”.

(3) Omit paragraphs 2 to 6.

Commencement Information

I60Reg. 61 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

Annex 3 to Regulation (EC) No 552/2004U.K.

62.—(1) Annex 3 (constituents) is amended as follows.

(2) Omit “EC” in each place it occurs.

(3) For “declaration”, in the first place it occurs, substitute “ Declaration ”.

(4) In point 1—

(a)for “will be” substitute “ are ”, and

(b)omit “in accordance with the provisions of Article 3 of this Regulation”.

(5) In point 2—

(a)for “notified” substitute “ appointed ”, and

(b)for “93/465/EC” substitute “ 768/2008/EC ”.

(6) In point 3—

(a)in the second indent—

(i)after “manufacturer or” insert “ , if the manufacturer is not established in the United Kingdom, ”, and

(ii)for “Community” substitute “ United Kingdom ”,

(b)in the sixth indent for “notified” substitute “ appointed ”, and

(c)in the eight indent—

(i)after “manufacturer or” insert “ , if the manufacturer is not established in the United Kingdom, ”, and

(ii)for “Community” substitute “ United Kingdom ”.

Commencement Information

I61Reg. 62 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

Annex 4 to Regulation (EC) No 552/2004U.K.

63.—(1) Annex 4 (systems) is amended as follows.

(2) Omit “EC” in each place it occurs.

(3) For “declaration”, in the first place it occurs, substitute “ Declaration ”.

(4) In point 1, in the fifth indent for “notified” substitute “ appointed ”.

(5) In point 2—

(a)for “a notified” substitute “ an appointed ”, and

(b)for “the notified” substitute “ the appointed ”.

(6) In point 3—

(a)in the second indent for “as referred to in Article 3 of this Regulation” substitute “ identified in the relevant implementing rules for interoperability ”,

(b)in the third indent for “notified” substitute “ appointed ”, and

(c)in each of the fourth and fifth indents for “a notified” substitute “ an appointed ”.

(7) In point 4 omit the last sentence.

Commencement Information

I62Reg. 63 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

CHAPTER 5U.K.Revocation of Council Regulation (EC) No 219/2007

Council Regulation (EC) No 219/2007U.K.

64.  Council Regulation (EC) No 219/2007 of 27 February 2007 on the establishment of a Joint Undertaking to develop the new generation European air traffic management system (SESAR) is revoked.

Commencement Information

I63Reg. 64 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

CHAPTER 6U.K.Amendment of Commission Regulation (EC) No 482/2008

Prospective

Commission Regulation (EC) No 482/2008: introductionU.K.

F365.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F3Regs. 65-73 omitted (31.12.2020 immediately before IP completion day) by virtue of The Air Traffic Management (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/694), regs. 1(3), 55(2)

Prospective

Article 2 of Commission Regulation (EC) No 482/2008U.K.

F366.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F3Regs. 65-73 omitted (31.12.2020 immediately before IP completion day) by virtue of The Air Traffic Management (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/694), regs. 1(3), 55(2)

Prospective

Article 3 of Commission Regulation (EC) No 482/2008U.K.

F367.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F3Regs. 65-73 omitted (31.12.2020 immediately before IP completion day) by virtue of The Air Traffic Management (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/694), regs. 1(3), 55(2)

Prospective

Article 4 of Commission Regulation (EC) No 482/2008U.K.

F368.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F3Regs. 65-73 omitted (31.12.2020 immediately before IP completion day) by virtue of The Air Traffic Management (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/694), regs. 1(3), 55(2)

Prospective

Article 5 of Commission Regulation (EC) No 482/2008U.K.

F369.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F3Regs. 65-73 omitted (31.12.2020 immediately before IP completion day) by virtue of The Air Traffic Management (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/694), regs. 1(3), 55(2)

Prospective

Article 7 of Commission Regulation (EC) No 482/2008U.K.

F370.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F3Regs. 65-73 omitted (31.12.2020 immediately before IP completion day) by virtue of The Air Traffic Management (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/694), regs. 1(3), 55(2)

Prospective

Further amendment of Commission Regulation (EC) No 482/2008U.K.

F371.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F3Regs. 65-73 omitted (31.12.2020 immediately before IP completion day) by virtue of The Air Traffic Management (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/694), regs. 1(3), 55(2)

Prospective

Annex 1 to Commission Regulation (EC) No 482/2008U.K.

F372.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F3Regs. 65-73 omitted (31.12.2020 immediately before IP completion day) by virtue of The Air Traffic Management (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/694), regs. 1(3), 55(2)

Prospective

Annex 2 to Commission Regulation (EC) No 482/2008U.K.

F373.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F3Regs. 65-73 omitted (31.12.2020 immediately before IP completion day) by virtue of The Air Traffic Management (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/694), regs. 1(3), 55(2)

CHAPTER 7U.K.Revocation of Council Regulation (EC) No 1361/2008

Council Regulation (EC) No 1361/2008U.K.

74.  Council Regulation (EC) No 1361/2008 of 16 December 2008 amending Regulation (EC) No 219/2007 on the establishment of a Joint Undertaking to develop the new generation European air traffic management system (SESAR) is revoked.

Commencement Information

I64Reg. 74 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

CHAPTER 8U.K.Amendment of Regulation (EC) No 1070/2009

Regulation (EC) No 1070/2009: introductionU.K.

75.  Regulation (EC) No 1070/2009 of the European Parliament and of the Council of 21 October 2009 amending Regulations (EC) No 549/2004, (EC) No 550/2004, (EC) No 551/2004 and (EC) No 552/2004 in order to improve the performance and sustainability of the European aviation system is amended in accordance with regulations 76 to 81.

Commencement Information

I65Reg. 75 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

Article 1 of Regulation (EC) No 1070/2009U.K.

76.  In Article 1 omit—

(a)paragraph 4 (which substitutes a new Article 5(4) for Article 5(4) of Regulation (EC) No 549/2004),

(b)paragraph 5 (which substitutes new Articles 6 to 11 for Articles 6 to 11 of that Regulation), and

(c)paragraph 7 (which inserts Article 13a of that Regulation).

Commencement Information

I66Reg. 76 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

Article 2 of Regulation (EC) No 1070/2009U.K.

77.  In Article 2 omit—

(a)paragraph 5 (which inserts Articles 9a and 9b into Regulation (EC) No 550/2004),

(b)paragraph 6 (which substitutes a new Article 11 for Article 11 of that Regulation),

(c)paragraph 8 (which substitutes a new Article 14 for Article 14 of that Regulation),

(d)paragraph 9 (which substitutes a new Article 15 for Article 15 of that Regulation), and

(e)paragraph 12 (which inserts Article 18a into that Regulation).

Commencement Information

I67Reg. 77 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

Article 3 of Regulation (EC) No 1070/2009U.K.

78.  In Article 3 omit paragraph 2 (which substitutes a new Article 3 for Article 3 of Regulation (EC) No 551/2004).

Commencement Information

I68Reg. 78 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

Article 4 of Regulation (EC) No 1070/2009U.K.

79.  In Article 4 omit—

(a)paragraph 2 (which substitutes a new Article 9 for Article 9 of Regulation (EC) No 552/2004),

(b)paragraph 3 (which inserts a new paragraph 2a of Article 10 of that Regulation), and

(c)paragraph 4 (which amends Annex 2 to that Regulation).

Commencement Information

I69Reg. 79 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

Article 4 of Regulation (EC) No 1070/2009U.K.

80.  Omit Article 5 (entry into force).

Commencement Information

I70Reg. 80 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

Further amendment of Regulation (EC) No 1070/2009U.K.

81.  After Article 5 omit the sentence which begins “This Regulation shall be binding”.

Commencement Information

I71Reg. 81 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

CHAPTER 9U.K.Revocation of Council Regulation (EU) No 721/2014

Council Regulation (EU) No 721/2014U.K.

82.  Council Regulation (EU) No 721/2014 of 16 June 2014 amending Regulation (EC) No 219/2007 on the establishment of a Joint Undertaking to develop the new generation European air traffic management system (SESAR) as regards the extension of the Joint Undertaking until 2024 is revoked.

Commencement Information

I72Reg. 82 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

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