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

Article 4 of Regulation (EC) No 552/2004

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(1)”.

(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.

(1)

OJ L 96, 31.3.2004, p. 1.