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

CHAPTER 6 Amendment of Commission Regulation (EC) No 262/2009

Commission Regulation (EC) No 262/2009: introduction

140.  Commission Regulation (EC) No 262/2009 of 30 March 2009 laying down requirements for the coordinated allocation and use of Mode S interrogator codes for the single European sky is amended in accordance with regulations 141 to 154.

Article 2 of Commission Regulation (EC) No 262/2009

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

(2) In point 11—

(a) omit “within the European Air Traffic Management Network”, and

(b) for “Member States” substitute “States participating in that service”.

(3) In point 13 for “Member States” substitute “States participating in that service”.

(4) In point 19(a) for “Regulation (EC) No 2096/2005” substitute “Implementing Regulation (EU) No 1035/2011, as that Regulation has effect in EU law as amended from time to time(1)”.

(5) At the end insert—

“25.   “third country” means a country or territory other than:

(a) the United Kingdom, or

(b) a Member State.”.

Article 4 of Commission Regulation (EC) No 262/2009

142.—(1) Article 4 (associated procedures for Mode S operators) is amended as follows.

(2) In paragraph 1 after “from” insert “the CAA or”.

(3) In paragraph 2—

(a) for “competent Member State” substitute “CAA”, and

(b) at the end insert “, unless a Member State is the competent Member State in relation to the operator”.

(4) In paragraph 4—

(a) after “operators” insert “that have received an interrogator code allocation from the CAA”, and

(b) for “competent Member State” substitute “CAA”.

Article 5 of Commission Regulation (EC) No 262/2009

143.—(1) Article 5 (associated procedures for Member States) is amended as follows.

(2) In the heading for “Member States” substitute “the CAA”.

(3) In paragraph 1 for “Member States” substitute “The CAA”.

(4) In paragraph 2—

(a) in the words before point (a) for “Member States” substitute “The CAA”,

(b) in point (c)(ii) for “Member States” substitute “CAA if the United Kingdom is”, and

(c) in point (c)(iv)—

(i) for “Member States” substitute “the CAA”, and

(ii) omit “national”.

(5) Omit paragraphs 3 and 4.

(6) In paragraph 5—

(a) for “Member States referred to in paragraph 3” substitute “The CAA”,

(b) for “their” substitute “the United Kingdom’s”, and

(c) omit “other”.

(7) In paragraph 6 for “Member States referred to in paragraph 3” substitute “The CAA”.

(8) In paragraph 7—

(a) for “Member States” substitute “The CAA”, and

(b) omit “other”.

(9) In paragraph 8—

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

(b) for “the Member State concerned” substitute “the CAA”.

Article 7 of Commission Regulation (EC) No 262/2009

144.  In Article 7 (contingency requirements), in paragraph 3 for “competent Member State” substitute “CAA”.

Article 8 of Commission Regulation (EC) No 262/2009

145.  In Article 8 (civil-military coordination), in each of paragraphs 1 to 3 for “Member States” substitute “The Secretary of State”.

Article 9 of Commission Regulation (EC) No 262/2009

146.  In Article 9 (safety requirements), in paragraph 2 for “Member States” substitute “The CAA”.

Article 10 of Commission Regulation (EC) No 262/2009

147.  In Article 10 (conformity assessment)—

(a) for “an EC” substitute “a”,

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

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

Article 11 of Commission Regulation (EC) No 262/2009

148.  In Article 11 (verification of systems), in paragraph 2 for “a notified” substitute “an appointed”.

Article 12 of Commission Regulation (EC) No 262/2009

149.  In Article 12 (additional requirements), in each of paragraphs 3 and 4 for “Member States” substitute “The CAA”.

Article 13 of Commission Regulation (EC) No 262/2009

150.  Omit Article 13 (entry into force and application).

Further amendment of Commission Regulation (EC) No 262/2009

151.  After Article 13 omit the sentence which begins “This Regulation shall be binding”.

Annex 2 to Commission Regulation (EC) No 262/2009

152.—(1) Annex 2 is amended as follows.

(2) In Part A (requirements concerning the application for interrogator codes referred to in Articles 4(2), 5(1) and 5(2))—

(a) in point (a) for “competent Member State” substitute “CAA”, and

(b) omit point (b).

(3) In Part B (requirements concerning the allocation of interrogator codes referred to in Articles 2(10), 4(3) and 4(4)), in point (a) for “competent Member State” substitute “CAA”.

Annex 4 to Commission Regulation (EC) No 262/2009

153.—(1) Annex 4 is amended as follows.

(2) In Part A (requirements for the assessment of the conformity or suitability for use of constituents of the systems referred to in Article 10), in point 2—

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

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

(3) In Part B (internal production control module)—

(a) in point 1—

(i) after “manufacturer or”, in both places those words occur, insert “, if the manufacturer is not established in the United Kingdom”, and

(ii) for “Community”, in both places it occurs, substitute “United Kingdom”,

(b) in point 2—

(i) for “he or his” substitute “the manufacturer, or if the manufacturer is not established in the United Kingdom the manufacturer’s”,

(ii) for “Community”, in both places it occurs, substitute “United Kingdom”,

(iii) for “relevant national supervisory authorities” substitute “CAA”,

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

(v) for “Member States” substitute “CAA”, and

(c) in point 3—

(i) for “Community”, in both places it occurs, substitute “United Kingdom”, and

(ii) for “Member States” substitute “CAA”.

Annex 6 to Commission Regulation (EC) No 262/2009

154.—(1) Annex 6 is amended as follows.

(2) In Part A (requirements for the verification of systems referred to in Article 11(1)), in point 7—

(a) omit “EC” in the first place it occurs, and

(b) for “national supervisory authority” substitute “CAA”.

(3) In Part B (requirements for the verification of systems referred to in Article 11(2))—

(a) in point 5 for “a notified” substitute “an appointed”,

(b) in each of points 6 to 8 for “notified” substitute “appointed”, and

(c) in point 9—

(i) omit “EC” in the first place it occurs, and

(ii) for “national supervisory authority” substitute “CAA”.

(1)

OJ L 271, 18.10.2011, p. 23.