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

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

Regulation (EC) No 549/2004: introduction

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.

Article 1 of Regulation (EC) No 549/2004

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.

Article 2 of Regulation (EC) No 549/2004

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”.

Article 3 of Regulation (EC) No 549/2004

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.”.

Article 4 of Regulation (EC) No 549/2004

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.

Article 5 of Regulation (EC) No 549/2004

7.  Omit Article 5 (Committee procedure).

Article 6 of Regulation (EC) No 549/2004

8.  Omit Article 6 (industry consultation body).

Article 7 of Regulation (EC) No 549/2004

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

Article 8 of Regulation (EC) No 549/2004

10.  Omit Article 8 (implementing rules).

Article 9 of Regulation (EC) No 549/2004

11.  Omit Article 9 (penalties).

Article 10 of Regulation (EC) No 549/2004

12.  Omit Article 10 (consultation of stakeholders).

Article 11 of Regulation (EC) No 549/2004

13.  Omit Article 11 (performance scheme).

Article 12 of Regulation (EC) No 549/2004

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”.

Article 13 of Regulation (EC) No 549/2004

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”.

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

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

Article 14 of Regulation (EC) No 549/2004

17.  Omit Article 14 (entry into force).

Further amendment of Regulation (EC) No 549/2004

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