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

CHAPTER 16 Amendment of Commission Implementing Regulation (EU) No 923/2012

Commission Implementing Regulation (EU) No 923/2012: introduction

294.  Commission Implementing Regulation (EU) No 923/2012 of 26 September 2012 laying down the common rules of the air and operational provisions regarding services and procedures in air navigation and amending Implementing Regulation (EU) No 1035/2011 and Regulations (EC) No 1265/2007, (EC) No 1794/2006, (EC) No 730/2006, (EC) No 1033/2006 and (EU) No 255/2010 is amended in accordance with regulations 295 to 308.

Article 1 of Commission Implementing Regulation (EU) No 923/2012

295.—(1) Article 1 (subject matter and scope) is amended as follows.

(2) In paragraph 2—

(a) in point (a) for “Union” substitute “United Kingdom”, and

(b) in point (b) for “a Member State of the Union” substitute “the United Kingdom”.

(3) In paragraph 3 for “authorities of the Member States” substitute “authority”.

(4) In paragraph 4 for “Member States shall ensure that national rules are established” substitute “the Secretary of State must take such steps as the Secretary of State considers appropriate”.

Article 2 of Commission Implementing Regulation (EU) No 923/2012

296.  In Article 2 (definitions) for point 55 substitute—

“55.   ‘competent authority’ means the Civil Aviation Authority;”.

Article 3 of Commission Implementing Regulation (EU) No 923/2012

297.  In Article 3 (compliance), for “Member States” substitute “competent authority”.

Article 4 of Commission Implementing Regulation (EU) No 923/2012

298.—(1) Article 4 (exemptions for special operations) is amended as follows.

(2) In paragraph 1, in the words before point (a)—

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

(b) for “their” substitute “its”.

(3) Omit paragraph 2.

Article 5 of Commission Implementing Regulation (EU) No 923/2012

299.  Omit Article 5 (differences).

Article 6 of Commission Implementing Regulation (EU) No 923/2012

300.—(1) Article 6 (monitoring of amendments) is amended as follows.

(2) In paragraph 1—

(a) for the words before point (a) substitute “The competent authority must:”, and

(b) in each of points (a) and (b) omit “to” in the first place it occurs.

(3) In paragraph 2 omit “Article 5 of this Regulation relating to the withdrawal and notification of differences and publication in the Aeronautical Information Publication and”.

Article 7 of Commission Implementing Regulation (EU) No 923/2012

301.—(1) Article 7 (amendments to the Annex) is amended as follows.

(2) For paragraph 1 substitute—

“1.   The Secretary of State may by regulations made by statutory instrument amend the Annex to this Regulation.”.

(3) In paragraph 2 after “any relevant” insert “European”.

(4) At the end insert—

“3.   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.

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

Article 8 of Commission Implementing Regulation (EU) No 923/2012

302.  Omit Article 8 (transitional and additional measures).

Article 9 of Commission Implementing Regulation (EU) No 923/2012

303.  Omit Article 9 (safety requirements).

Article 10 of Commission Implementing Regulation (EU) No 923/2012

304.  In Article 10 (amendments) omit paragraphs 1, 3 and 4.

Article 11 of Commission Implementing Regulation (EU) No 923/2012

305.  Omit Article 11 (entry into force).

Further amendment of Commission Implementing Regulation (EU) No 923/2012

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

Annex to Commission Implementing Regulation (EU) No 923/2012

307.—(1) The Annex (rules of the air) is amended as follows.

(2) In Section 1 (flight over the high seas), in SERA.1001 (general)—

(a) in point (a)—

(i) omit “in particular within Functional Airspace Blocks”,

(ii) for “member States” substitute “United Kingdom”,

(iii) for “Member States” substitute “the United Kingdom”, and

(iv) for “they are” substitute “the United Kingdom is”, and

(b) in point (b)—

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

(ii) for “the Member State” substitute “the Secretary of State”.

(3) In Section 2 (applicability and compliance), in SERA.2001 (subject)—

(a) in point (a) for “Union” substitute “United Kingdom”,

(b) in point (b) for “a Member State of the Union” substitute “the United Kingdom”, and

(c) in the unnumbered paragraph after point (b) for “Competent Authorities of the Member States” substitute “competent authority”.

(4) In Section 3 (general rules and collision avoidance)—

(a) in each of SERA.3115 (dropping or spraying), SERA.3120 (towing), SERA.3125 (parachute descents) and SERA.3130 (aerobatic flight), for point (a) substitute—

“(a) legislation, if any, applicable to that activity, and”,

(b) in SERA.3145 (prohibited areas and restricted areas) for “Member State over whose territory the areas are established” substitute “Secretary of State”, and

(c) in SERA.3301 (general), in point (d) omit “Union or national”.

(5) In Section 5 (visual meteorological conditions, visual flight rules, special VFR and instrument flight rules), in SERA.5005 (visual flight rules), in point (d)(2), in each of points (i) and (ii) for “Member States” substitute “competent authority”.

(6) In Section 6 (airspace classification), in SERA.6001 (classification of airspaces)—

(a) in point (a) for “Member States” substitute “The competent authority”, and

(b) in point (b) for “Member States” substitute “United Kingdom”.

(7) In Section 7 (air traffic services), in SERA.7005 (coordination between the airport operator and air traffic services), in point (a) omit “Union”.

(8) In Section 8 (air traffic control service), in SERA.8035 (communications), in point (b)—

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

(b) omit the second sentence.

(9) In Section 11 (interference, emergency contingencies and interception), in SERA.11015 (interception), in point (a) for “Member States” substitute “the Secretary of State”.

(10) In Section 12 (services related to meteorology — aircraft observations and reports by voice communications), in SERA.12005 (special aircraft observations), in point (b) for “Competent authorities” substitute “The competent authority”.

(11) In Section 14 (voice communication procedures), in SERA.14015 (language to be used in air-ground communication)—

(a) in point (a) omit the words from “or” to the end of the point, and

(b) omit point (b).

Supplement to the Annex to Commission Implementing Regulation (EU) No 923/2012

308.  Omit the supplement to the Annex (list of commonly agreed differences to be notified to ICAO in accordance with Article 5).