2019 No. 547

Exiting The European Union

Civil Aviation

The Aviation Security (Amendment etc.) (EU Exit) Regulations 2019

Made11th March 2019

Coming into force in accordance with regulation 1

The Secretary of State makes these Regulations in exercise of the powers conferred by sections 8(1) and 23(1) of, and paragraph 21 of Schedule 7 to, the European Union (Withdrawal) Act 2018 M1.

In accordance with paragraph 1(1) of Schedule 7 to that Act, a draft of this instrument has been laid before Parliament and approved by a resolution of each House of Parliament.

Annotations:

Marginal Citations

2018 c. 16.

PART 1Introduction

Citation and commencementI11

These Regulations may be cited as the Aviation Security (Amendment etc.) (EU Exit) Regulations 2019 and come into force on exit day.

PART 2Amendment of primary legislation

The Aviation Security Act 1982I22

1

The Aviation Security Act 1982 M2 is amended as follows.

2

In section 20—

a

omit subsections (3A), (4A) and (6); and

b

in subsection (4) for “subsections (3) and (3A)” substitute “ subsection (3) ”.

3

In section 21E omit subsection (4).

PART 3Amendment and revocation of retained EU law

Amendment of Regulation (EC) No 300/2008I1213

Regulation (EC) No 300/2008 of the European Parliament and of the Council of 11 March 2008 on common rules in the field of civil aviation security and repealing Regulation (EC) No 2320/2002 is amended in accordance with regulations 4 to 40.

I34

In the title omit “common”.

I45

In Article 1 (objectives)—

a

in paragraph 1—

i

in the first subparagraph, omit “common”;

ii

in the second subparagraph, for “a common” substitute “ an ”;

b

in paragraph 2(a) omit “common”.

I56

In Article 2 (scope)—

a

in paragraph 1(a) for “territory of a Member State” substitute “ United Kingdom ”;

b

omit paragraph 2.

I67

In Article 3 (definitions)—

a

omit paragraphs 5 and 28;

b

in paragraph 27 omit “common”.

I78

1

Article 4 (basic standards) is amended as follows.

2

In the heading, omit “Common”.

3

In paragraph 1—

a

in the first subparagraph omit “common”;

b

for the second subparagraph substitute—

Additional basic standards not foreseen at the entry into force of this Regulation may be added to the Annex by regulations made by the Secretary of State.

4

In paragraph 2—

a

for the first subparagraph substitute—

2
General measures, designed to amend non-essential elements of the basic standards referred to in paragraph 1 by supplementing them, may be prescribed by regulations made by the Secretary of State.

b

in point (l) omit “common”;

c

omit the final subparagraph.

5

In paragraph 3—

a

for the first subparagraph substitute—

3
Detailed measures for the implementation of the basic standards referred to in paragraph 1 and the general measures referred to in paragraph 2 may be prescribed by regulations made by the Secretary of State.

b

in point (e), for a “third” substitute “ another ”.

6

In paragraph 4—

a

for the first subparagraph substitute—

4
The Secretary of State may make regulations to set criteria to permit derogation from the basic standards referred to in paragraph 1 and to adopt alternative security measures that provide an adequate level of protection on the basis of a local risk assessment. Such alternative measures shall be justified by reasons relating to the size of the aircraft, or by reasons relating to the nature, scale or frequency of operations or of other relevant activities.

b

omit the second and third subparagraphs.

7

In paragraph 5—

a

for “Member States” in the first sentence substitute “ The appropriate authority ”;

b

for “their territory” substitute “ the United Kingdom ”;

c

omit “common”;

d

for “a Member State” in the second sentence substitute “ the appropriate authority ”.

I89

In Article 5 (security costs)—

a

for “Subject to the relevant rules of Community law, each Member State” substitute “ The Secretary of State ”;

b

for “and in conformity with Community Law, Member States” substitute “ the Secretary of State ”.

I910

1

Article 6 (more stringent measures) is amended as follows.

2

In the heading, omit “applied by Member States”.

3

In paragraph 1—

a

for “Member States” substitute “ The Secretary of State ”;

b

omit “common”;

c

for “they” substitute “ the Secretary of State ”;

d

omit “and in compliance with Community law”.

4

Omit paragraphs 2 and 3.

I1011

Omit Articles 7 and 8.

I1112

In Article 9 (appropriate authority)—

a

for “Where, within a single Member State, two or more bodies are involved in civil aviation security, that Member State shall designate a single” substitute “ The Secretary of State is designated as the ”;

b

omit “common”.

I1213

In Article 10 (national civil aviation security programme), in paragraph 1—

a

in the first subparagraph, for “Every Member State” substitute “ The appropriate authority ”;

b

in the second subparagraph, omit “common”.

I1314

1

Article 11 (national quality control programme) is amended as follows.

2

In paragraph 1—

a

in the first subparagraph, for “Every Member State” substitute “ The appropriate authority ”;

b

in the second subparagraph, for “Member State” substitute “ appropriate authority ”.

3

In paragraph 2—

a

for the first subparagraph, substitute—

The specifications for the national quality control programme may be prescribed by regulations made by the Secretary of State.

b

omit the second subparagraph;

c

in the third subparagraph, for “territory of the Member State concerned” substitute “ United Kingdom ”.

I1415

In Article 12 (airport security programme), in paragraph 1, in the second subparagraph omit “of the Member State in which the airport is located”.

I1516

1

Article 13 (air carrier security programme) is amended as follows.

2

In paragraph 1, in the second subparagraph omit “of the Member State from which it provides services”.

3

In paragraph 3—

a

for the first sentence, substitute—

Where an air carrier security programme has been validated by the entity granting an operating licence, the air carrier should be recognised as having fulfilled the requirements of paragraph 1.

b

in the second sentence, for “a Member State's” substitute “the Secretary of State's”;

c

in point (a) for “that Member State” substitute “ the Secretary of State ”.

I1617

In Article 14 (entity security programme), in paragraph 1, in the second subparagraph omit “of the Member State in respect of its operations in that Member State”.

I1718

1

Article 15 (inspections) is amended as follows.

2

In the heading, omit “Commission”.

3

In paragraph 1—

a

in the first subparagraph—

i

for “The Commission, acting in cooperation with the appropriate authority of the Member State concerned,” substitute “ The appropriate authority ”;

ii

omit “by Member States”;

iii

omit the sentence beginning with the words “For this purpose”;

b

for the second subparagraph substitute—

The procedures for conducting inspections may be prescribed by regulations made by the Secretary of State.

4

In paragraph 2—

a

omit “Commission”;

b

omit the second sentence.

5

Omit paragraph 3.

I1819

After Article 15 insert—

Article 15AParliamentary procedure
1
Regulations made by the Secretary of State under this Regulation are to be made by statutory instrument.
2
Regulations made by the Secretary of State under Articles 4(1), (2) or (4) or 11(2) may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.
3
Regulations made by the Secretary of State under any other provision in this Regulation are subject to annulment in pursuance of a resolution of either House of Parliament.
4
Regulations made under this Regulation may—
a
make different provision for different purposes or areas;
b
include supplementary, incidental or consequential provision;
c
make transitional, transitory or saving provision.

I1920

Omit Articles 16 to 22.

I2021

In Article 24 (entry into force) omit the second subparagraph of paragraph 3 beginning with the words “This Regulation”.

I12222

Annex 1 is amended in accordance with regulations 23 to 29.

I2123

In the heading, omit “common”.

I2224

In point 1.1, omit “common”.

I2325

In point 2, omit “common”.

I2426

In point 4.1—

a

for points (a) and (b) of paragraph 2 substitute—

a
they arrive from a domestic airport; or
b
they arrive from any other airport designated by the appropriate authority.

b

for points (c) and (d) of paragraph 3 substitute—

c
they arrive from a domestic airport; or
d
they arrive from any other airport designated by the appropriate authority.

I2527

In point 4.2 for points (a) and (b) of paragraph 2 substitute—

a
they arrive from a domestic airport; or
b
they arrive from any other airport designated by the appropriate authority.

I2628

In point 5.1 for paragraph 2 substitute—

2
Hold baggage may be exempted from screening if—
a
it arrives from a domestic airport; or
b
it arrives from any other airport designated by the appropriate authority.

I2729

In point 6.1 omit “or an account consignor”.

I12330

Annex 2 is amended in accordance with regulations 31 to 40.

I2831

In the heading—

a

omit “Common”;

b

for “each Member State” substitute “ the appropriate authority ”.

I2932

Omit point 1.1(2).

I3033

Omit point 2.1.

I3134

In point 3.2(f), for “points 2.1 and 2.3” substitute “ point 2.3 ”.

I3235

Omit point 7.6.

I3336

In point 11—

a

in the heading omit “common”;

b

in point 11.1 omit “harmonised”.

I3437

In points 14.1 and 15.1 for “Each Member State” substitute “ The appropriate authority ”.

I3538

Omit points 17 to 18.3.

I3639

In Appendix 2, in the heading omit “harmonised”.

I3740

Omit Appendix 3.

Amendment of Commission Regulation (EC) No 272/2009I12441

Commission Regulation (EC) No 272/2009 of 2 April 2009 supplementing the common basic standards on civil aviation security laid down in the Annex to Regulation (EC) No 300/2008 of the European Parliament and of the Council is amended in accordance with regulations 42 to 46.

I3842

In the title, omit “common”.

I3943

In Article 1—

a

in the first subparagraph, omit “common”;

b

omit point (e).

I4044

In Article 2, in paragraphs 3, 4 and 5 omit “common”.

I4145

In Article 3 (entry into force) omit the third subparagraph beginning with the words “This Regulation”.

I4246

1

The Annex is amended as follows.

2

In Part A—

a

in the first paragraph, for “to be adopted pursuant to” substitute “ prescribed by regulations made by the Secretary of State in accordance with ”;

b

in the last paragraph, for “to be adopted pursuant to” substitute “ prescribed by regulations made by the Secretary of State in accordance with ”.

3

In Part B, in the first paragraph for “to be adopted pursuant to” substitute “ prescribed by regulations made by the Secretary of State in accordance with ”.

4

In Part B1 for “adopted pursuant to” substitute “ prescribed by regulations made by the Secretary of State in accordance with ”.

5

In Part D, in the first and second paragraphs for “to be adopted pursuant to” substitute “ prescribed by regulations made by the Secretary of State in accordance with ”.

6

Omit Part E.

7

In Part F, point 2.2, in the third paragraph for “to be adopted pursuant to” substitute “ prescribed by regulations made by the Secretary of State in accordance with ”.

8

In Part H, in point 2.1 for “to be adopted pursuant to” substitute “ prescribed by regulations made by the Secretary of State in accordance with ”.

9

In Part J, in point 2 for “to be adopted pursuant to” substitute “ prescribed in regulations made by the Secretary of State in accordance with ”.

10

In Part K—

a

in the first paragraph for “to be adopted pursuant to” substitute “ prescribed in regulations made by the Secretary of State in accordance with ”;

b

in point (a) omit “the Commission or”.

Amendment of Commission Regulation (EU) No 1254/2009I12547

Commission Regulation (EU) No 1254/2009 of 18 December 2009 setting criteria to allow Member States to derogate from the common basic standards on civil aviation security and to adopt alternative security measures is amended in accordance with regulations 48 to 50.

I4348

In the title, for “Member States to derogate from the common” substitute “ derogation from the ”.

I4449

In Article 1—

a

in the first subparagraph—

i

for “Member States” substitute “ The appropriate authority ”;

ii

omit “common”;

b

in the second subparagraph omit the second and third sentences.

I4550

In Article 2 (entry into force), omit the last subparagraph beginning with the words “This Regulation”.

Amendment of Commission Implementing Regulation (EU) 2015/1998I12651

Commission Implementing Regulation (EU) 2015/1998 of 5 November 2015 laying down detailed measures for the implementation of the common basic standards on aviation security is amended in accordance with regulations 52 to 125.

I4652

In the title, omit “common”.

I4753

In Article 1, omit “common” in both places it occurs.

I4854

In Article 3 (entry into force), omit the third subparagraph beginning with the words “This Regulation”.

Amendment of Chapter 1 (airport security)I4955

1

Chapter 1 of the Annex is amended as follows.

2

Omit point 1.0.5.

3

In point 1.1.3.4—

a

in point (b), for “third countries other than those listed in Attachment 4-B” substitute “ any airport other than a domestic airport or any other airport designated by the appropriate authority ”;

b

omit point (c);

c

in the last sentence, for “points (b) and (c) are” substitute “ point (b) is ”.

4

In points 1.2.3 and 1.2.3.1, for “Union” substitute “ United Kingdom ”.

5

Omit points 1.2.3.7 and 1.2.3.8.

6

In points 1.2.4 and 1.2.4.1, for “Union” substitute “ United Kingdom ”.

7

Omit points 1.2.8, 1.3.1.9, 1.3.2.3, 1.4.1.4, 1.4.2.3, 1.4.3.3 and 1.4.4.2.

Amendment of Chapter 3 (aircraft security)I5056

1

Chapter 3 of the Annex is amended as follows.

2

Omit points 3.0.2, 3.0.6, 3.0.8 and 3.1.1.2.

3

In point 3.1.1.3 for “a third country not listed in Attachment 3-B” substitute “ any airport other than a domestic airport or any other airport designated by the appropriate authority ”.

4

Omit points 3.1.1.4, 3.1.1.5 and 3.1.2.

5

Omit point 3.2.2.5 and Attachment 3-A (aircraft security search) and Attachment 3-B (aircraft security).

Amendment of Chapter 4 (passengers and cabin baggage)I5157

1

Chapter 4 of the Annex is amended as follows.

2

Omit points 4.0.2 and 4.0.3.

3

In point 4.0.4(c), omit “that meets the provisions of point 12.7 of the Annex to Commission Implementing Decision C(2015) 8005”.

4

Omit points 4.0.5 and 4.0.6.

5

In point 4.1.1.7, omit “The Commission shall be informed of the categories created.”.

6

Omit point 4.1.1.8.

7

In the third subparagraph of point 4.1.1.10, omit “in accordance with Attachment 4-A of Commission Implementing Decision C(2015) 8005”.

8

In point 4.1.2.10, omit “The Commission shall be informed of the categories created.”.

9

Omit point 4.1.2.12.

10

In point 4.1.3.3, omit “The Commission shall be informed of the categories created.”.

11

Omit points 4.1.3.4 and 4.2.

12

Omit Attachment 4-A (requirements for a hand search) and Attachment 4-B (passengers and cabin baggage).

Amendment of Chapter 5 (hold baggage)I5258

1

Chapter 5 of the Annex is amended as follows.

2

Omit points 5.0.2, 5.0.3, 5.0.5 and 5.0.6.

3

In point 5.1.5, omit “The Commission shall be informed of the categories created.”.

4

Omit points 5.1.6, 5.2.3 and 5.3.2.2.

5

In point 5.3.3.1, omit “and, where applicable, applying additional requirements laid down in Commission Implementing Decision C(2015) 8005”.

6

In point 5.3.3.2 for “referred to in point 5.3.2.2” substitute “ designated by the appropriate authority ”;

7

Omit point 5.3.3.3 and Attachment 5-A (hold baggage).

Amendment of Chapter 6 (cargo and mail)I12759

Chapter 6 of the Annex is amended in accordance with regulations 60 to 120.

I5360

Omit point 6.0.3.

I5461

In point 6.1.1, omit point (c).

I5562

Omit point 6.2.1.3.

I5663

In point 6.2.1.6, omit “and notified to the Commission”.

I5764

Omit point 6.2.2.

I5865

In point 6.3.1.2—

a

in the first subparagraph of point (a) omit “of the Member State”;

b

in point (b)—

i

in the first subparagraph omit “EU”;

ii

omit the second subparagraph;

c

in points (c) and (d), omit “Union”;

I5966

In point 6.3.1.4, omit the third subparagraph.

I6067

In point 6.3.1.5—

a

omit the second and third subparagraphs;

b

in the fourth subparagraph, omit “Union”.

I6168

Omit points 6.3.1.6 and 6.3.1.8.

I6269

In point 6.3.2.1, for the words from “, a known consignor” to the end substitute “ or a known consignor ”.

I6370

In point 6.3.2.4 omit “and point 6.3 of the Annex to Commission Implementing Decision C(2015) 8005”.

I6471

In point 6.3.2.6—

a

in point (c), for “except for consignments listed in points 6.2.1(d) and (e) of Commission Implementing Decision C(2015) 8005” substitute “ except for small consignments or consolidations of such consignments designated by the appropriate authority ”;

b

in point (e), omit point (ii) and the “or” after it.

I6572

In point 6.3.2.7, in the second subparagraph, omit “or exempted from screening in line with points 6.2.1(d) and (e) of Commission Implementing Decision C(2015) 8005”.

I6673

In point 6.3.2.9, omit the second subparagraph.

I6774

In point 6.4.1.2—

a

in point (a), omit “of the Member State in which its site is located”;

b

in point (b) for “EU aviation security validator” in each place it occurs substitute “ aviation security validator ”;

c

omit point (c);

d

in point (d)—

i

in the first subparagraph, omit “or (a) and (c), as applicable” and “Union”;

ii

in the second subparagraph, omit “or (a) and (c)”;

e

in point (e) omit “Union”.

I6875

In point 6.4.1.4, omit the third subparagraph.

I6976

In point 6.4.1.5—

a

omit the second and third subparagraphs;

b

in the fourth subparagraph, omit “Union”.

I7077

Omit points 6.4.1.6 and 6.4.1.7.

I7178

Omit points 6.5 to 6.5.4.

I7279

In point 6.6.1.1, for “, known consignor or account consignor”, in each place it occurs, substitute “ or known consignor ”.

I7380

Omit point 6.7.

I7481

In point 6.8 for “Union from third” substitute “ United Kingdom from other ”.

I7582

For point 6.8.1.1 substitute—

6
Any air carrier carrying cargo or mail from an airport in another country for transfer, transit or unloading at any airport falling within the scope of Regulation (EC) No 300/2008 shall be designated as an ‘Air Cargo or Mail Carrier operating into the United Kingdom from Another Country Airport’ (UK-ACC3) by the appropriate authority.
This requirement does not apply in respect of a country or territory designated by the appropriate authority.

I7683

In point 6.8.1.2—

a

for “ACC3”, in both places it occurs, substitute “ UK-ACC3 ”;

b

in point (b), for “an EU aviation security validation report” substitute “ an assessment by the appropriate authority of relevant evidence (which for the purpose of this Regulation may include a validation report) ”.

I7784

In point 6.8.1.3—

a

for “ACC3” substitute “ UK-ACC3 ”;

b

for “third country airport” substitute “ airport in another country ”;

c

for “Union” substitute “ United Kingdom ”.

I7885

In point 6.8.1.4—

a

for “ACC3's” substitute “UK-ACC3's”;

b

omit “Union”;

c

for a “maximum period of five years” substitute “ period of five years, unless the appropriate authority determines that the designation shall cease to be valid on an earlier date or determines that the designation remains valid for a further period not exceeding three months ”.

I7986

For point 6.8.1.5 substitute—

6
A UK-ACC3 listed on the database on supply chain security shall be recognised by the appropriate authority for all operations from an airport in another country into the United Kingdom.

I8087

Omit points 6.8.2 to 6.8.2.4.

I8188

In point 6.8.3 for “a third” substitute “ another ”.

I8289

In point 6.8.3.1—

a

for “ACC3” substitute “ UK-ACC3 ”;

b

for “Union” substitute “ United Kingdom ”;

c

in points (a) and (b), omit “EU”;

d

omit point (c);

e

omit “Point (c) shall apply until 30 June 2021.”.

I8390

In point 6.8.3.2 for “Union” substitute “ United Kingdom ”.

I8491

In point 6.8.3.3—

a

for “ACC3” substitute “ UK-ACC3 ”;

b

in points (a) and (b) omit “EU”.

I8592

In point 6.8.3.4, for “ACC3”, in both places it occurs, substitute “ UK-ACC3 ”.

I8693

In point 6.8.3.5—

a

for “ACC3”, in both places it occurs, substitute “ UK-ACC3 ”;

b

in point (b), omit “Union”;

c

in the second subparagraph—

i

omit “Union”;

ii

for “ACC3” substitute “ UK-ACC3 ”;

iii

omit “EU”.

I8794

In point 6.8.3.6—

a

for “ACC3” substitute “ UK-ACC3 ”;

b

omit “EU”;

c

in point (a), for “ACC3” substitute “ UK-ACC3 ”;

d

in point (b), omit “EU”;

e

in the last sentence—

i

for “ACC3” substitute “ UK-ACC3 ”;

ii

omit “EU”;

iii

for “European Union” substitute “ United Kingdom ”.

I8895

Omit point 6.8.3.7.

I8996

For point 6.8.4.1 substitute—

6
Entities from another country being, or intending to be, part of the supply chain of an air carrier holding the status of UK-ACC3, may be designated as either ‘regulated agent for another country’ (RA3) or ‘third country known consignor’ (KC3).

I9097

For point 6.8.4.2 substitute—

6
To obtain designation, the entity shall address the request to the appropriate authority.

I9198

In point 6.8.4.4(b), for “an EU aviation security validation report” substitute “ an assessment by the appropriate authority of relevant evidence (which for the purpose of this Regulation may include a validation report) ”.

I9299

In point 6.8.4.5—

a

for “third” substitute “ other ”;

b

for “Union” substitute “ United Kingdom ”.

I93100

In point 6.8.4.6, omit “Union”.

I94101

Omit points 6.8.4.7 and 6.8.4.9.

I95102

Omit points 6.8.5 to 6.8.5.7.

I96103

In point 6.8.6, for “ACC3” substitute “ UK-ACC3 ”.

I97104

In point 6.8.6.1.1—

a

omit “Commission or an”;

b

for “ACC3” substitute “ UK-ACC3 ”;

c

for “Union” substitute “ United Kingdom ”;

d

at the end of point (a) omit “and”;

e

omit point (b).

I98105

In point 6.8.6.1.2—

a

in the first subparagraph—

i

for “ACC3”, in both places it occurs, substitute “ UK-ACC3 ”;

ii

omit “, or the Commission”;

b

in points (a) and (b)—

i

for “ACC3” substitute “ UK-ACC3 ”;

ii

omit “Union”;

c

omit the second subparagraph.

I99106

In point 6.8.6.1.3—

a

for “ACC3” substitute “ UK-ACC3 ”;

b

omit “Union”;

c

omit “EU”.

I100107

In point 6.8.6.1.4—

a

for “ACC3” substitute “ UK-ACC3 ”;

b

for “authorities” substitute “ authority ”;

c

for “themselves” substitute “ itself ”;

d

for “ACC3s” substitute “ UK-ACC3s ”;

e

for “their” substitute “ its ”.

I101108

In point 6.8.6.2.1—

a

in the first subparagraph—

i

for “ACC3” substitute “ UK-ACC3 ”;

ii

omit “Union”;

b

in point (b) for “ACC3” substitute “ UK-ACC3 ”.

I102109

In point 6.8.6.2.2—

a

for “ACC3” substitute “ UK-ACC3 ”;

b

for “authorities” substitute “ authority ”;

c

for “themselves” substitute “ itself ”;

d

for “ACC3s” substitute “ UK-ACC3s ”;

e

for “their” substitute “ its ”.

I103110

In Attachment 6-A—

a

in the first paragraph omit “common”;

b

omit “Union” in each place it occurs.

I104111

In Attachment 6-B—

a

under “Consignor's responsibilities”, in the second paragraph, in point (c), omit “EU”;

b

in the third paragraph, omit “EU”;

c

omit the fourth paragraph;

d

in the seventh paragraph, omit “AEO certificate number and the date of the last examination of this site by customs authorities, if applicable”;

e

in point (c) in the second paragraph under “Consignor's responsibilities” omit “EU”.

I105112

In Attachment 6-C—

a

in Part 1, omit section 1.4;

b

in Part 9, under “Declaration of Commitments”, omit “Union”.

Revocation of Attachments 6-C2 to 6-C4I106113

Omit Attachments 6-C2 to 6-C4.

Revocation of Attachment 6-DI107114

Omit Attachment 6-D.

Amendment of Attachment 6-EI128115

Attachment 6-E is amended in accordance with regulations 116 and 117.

I108116

In the second paragraph omit “/account consignor”.

I109117

In points (a) and (c) of the seventh indent, for “, known consignor or account consignor” substitute “ or known consignor ”.

Revocation of Attachments 6-F and 6-GI110118

Omit Attachments 6-F and 6-G.

Revocation of Attachments 6-H1 to 6-H3I111119

Omit Attachments 6-H1 to 6-H3.

Revocation of Attachments 6-I and 6-JI112120

Omit Attachments 6-I and 6-J.

Amendment of Chapter 7 (air carrier mail and air carrier materials)I113121

In Chapter 7 of the Annex omit point 7.1.3.

Amendment of Chapter 8 (in-flight supplies)I114122

1

Chapter 8 of the Annex is amended as follows.

2

Omit points 8.1.1.3 and 8.1.2.2.

3

In point 8.1.3.2—

a

in point (a), omit “of the Member State in which its site is located”;

b

in point (b), omit “EU”;

c

in points (c) and (d), omit “Union”.

4

Omit point 8.1.3.5.

5

In point 8.1.4.4, omit “EU”.

6

Omit points 8.1.5.3, 8.2 and 8.3.3.

7

In Attachment 8-A and Attachment 8-B, for “Union”, in each place it occurs, substitute “ United Kingdom ”.

Amendment of Chapter 9 (airport supplies)I115123

1

Chapter 9 of the Annex is amended as follows.

2

Omit point 9.1.2.2.

3

In point 9.1.3.4, omit “EU”.

4

Omit points 9.2 and 9.3.3.

Amendment of Chapter 11 (staff recruitment and training)I116124

1

Chapter 11 of the Annex is amended as follows.

2

In points 11.1.3 and 11.1.4 omit, “Union and”.

3

In point 11.2.5, in point (b) omit “, Union”.

4

In point 11.5.3 for “Member State” substitute “ United Kingdom ”.

5

Omit point 11.5.5.

6

In points 11.6 and 11.6.1 omit “EU”.

7

In point 11.6.2—

a

omit “EU”;

b

omit point (d).

8

In point 11.6.3, omit “EU”.

9

In 11.6.3.1—

a

for “Member States” substitute “ The appropriate authority ”;

b

omit “EU”.

10

Omit 11.6.3.2.

11

In point 11.6.3.3, omit “EU”.

12

Omit 11.6.3.4.

13

In point 11.6.3.5—

a

in the first paragraph and in point (b), omit “EU”;

b

in point (d)(1) omit “Union and”.

14

Omit 11.6.3.7.

15

In point 11.6.3.8 and 11.6.4, omit “EU”.

16

In point 11.6.4.1—

a

omit “EU” in the first and second place it occurs;

b

for “listed in the Union database on supply chain security” substitute “ recorded by the appropriate authority ”;

c

omit the sentence beginning “For the period”.

17

Omit point 11.6.4.2.

18

In point 11.6.4.3—

a

for “a Member State” substitute “ the appropriate authority ”;

b

omit “EU”;

c

for the words from “Union” to “its concern” substitute “ its record ”.

19

In point 11.6.4.4—

a

omit “EU”;

b

omit the final sentence.

20

Omit point 11.6.4.5.

21

In point 11.6.5, omit “EU”.

22

In point 11.6.5.1—

a

for “The validation report” substitute “ A validation report, where required, ”;

b

omit “EU”, in each place it occurs.

23

In points 11.6.5.2 and 11.6.5.5, omit “EU”.

24

Omit points 11.7 and 11.7.1.

25

In Attachment 11-A, omit “EU” in each place it occurs.

Amendment of Chapter 12 (security equipment)I117125

1

Chapter 12 of the Annex is amended as follows.

F12

In point 12.0.1.1, omit the final sentence.

F22A

For point 12.0.2.1 substitute—

12.0.2.1 Designated security equipment may only be installed if it has either been approved or exempted from approval by the appropriate authority.

F32B

Omit points 12.0.2.2, 12.0.2.3, 12.0.2.4, 12.0.2.5, 12.0.3, 12.0.4 and 12.0.5.

3

In point 12.1.2.1, omit the second sentence.

4

Omit points 12.3, 12.4.2.4, 12.4.3 and 12.5.2.5.

5

In point 12.6.1, in the second subparagraph omit the second sentence.

6

In point 12.7.2.1 omit the second sentence.

7

Omit points 12.7.2.2 and 12.7.3.

8

In point 12.8.1 for “A Member State” substitute “ The Secretary of State ”.

9

Omit points 12.8.2 to 12.8.7.

10

In point 12.9.1.3 omit “set in Attachment 12-D of Commission Implementing Decision C(2015) 8005”.

11

In point 12.9.1.7 omit “in accordance with the Attachment 12-E and 12-F of Commission Implementing Decision C(2015) 8005”.

12

Omit point 12.9.2.1.

13

In point 12.9.3.7 omit “in accordance with the requirements laid down in point 12.9.3 of Commission Implementing Decision C(2015) 8005”.

14

Omit point 12.9.3.12.

15

In point 12.9.3.14 omit “to ensure that it meets the performance set in Attachment 12-D of Commission Implementing Decision C(2015) 8005”.

16

In point 12.9.4.1(a) omit “laid down in the Attachment 12-D of Commission Implementing Decision C(2015) 8005”.

17

Omit point 12.9.4.4.

18

In point 12.9.5.1 omit “set out in the Attachment 12-G of Commission Implementing Decision C(2015) 8005”.

19

Omit points 12.9.6 and 12.10.

20

In point 12.11.1, omit the last subparagraph.

21

Omit point 12.11.2.

22

In point 12.12.2.1, omit the second sentence.

23

Omit points 12.13.2.1 and 12.14.1.3.

24

Omit Attachments 12-A to F412-O.

Revocation of Commission Regulation (EU) No 72/2010I118126

Commission Regulation (EU) No 72/2010 of 26 January 2010 laying down procedures for conducting Commission inspections in the field of aviation security is revoked.

Revocation of Commission Implementing Regulation (EU) 2019/103I119127

Commission Implementing Regulation (EU) 2019/103 of 23 January 2019 amending Implementing Regulation (EU) 2015/1998 as regards clarification, harmonisation and simplification as well as strengthening of certain specific aviation security measures is revoked.

Revocation of Commission Decision C(2015) 8005I129128

Commission Implementing Decision C(2015) 8005 of 16 November 2015 laying down detailed measures for the implementation of the common basic standards on aviation security is revoked.

PART 4Amendment of the Annexes to the EEA Agreement

Amendment of Annex 13 to the EEA AgreementI120129

Omit paragraphs 66h, 66hc and 66hf of Annex 13 to the EEA Agreement so far as that Annex forms part of domestic law by virtue of section 3(2)(b) of the European Union (Withdrawal) Act 2018.

Signed by Authority of the Secretary of State for Transport

Sugg Parliamentary Under Secretary of State Department for Transport

(This note is not part of the Regulations)

These Regulations are made in exercise of the powers in sections 8(1) and 23(1) of, and paragraph 21 of Schedule 7 to, the European Union (Withdrawal) Act 2018 (c. 16) (“the 2018 Act”) in order to address failures of retained EU law to operate effectively and other deficiencies (in particular under section 8(2)(a), (b), (c), (d) and (g)) arising from the withdrawal of the United Kingdom from the European Union. Moreover, section 8(5) and (6) of the 2018 Act are relevant to the provision made by these Regulations.

These Regulations make provision in respect of the Aviation Security Act 1982 and seven EU instruments. This body of legislation forms part of the regulatory framework governing aviation security in the United Kingdom.

Part 2 (regulation 2) amends two sections of the Aviation Security Act 1982 to ensure that they operate effectively as part of retained EU law by addressing deficiencies falling within section 8(2)(a) of the 2018 Act.

Part 3 (regulations 3 to 128) corrects retained direct EU legislation. For this purpose, it amends four EU instruments (Regulations 300/2008, 272/2009, 1254/2009 and 2015/1998) and revokes three EU instruments (Regulations 72/2010 and 2019/103, and Decision C(2015) 8005). Amongst other things, these Regulations remove redundant references to EU entities or concepts (e.g. Member States or the Commission) and reciprocal arrangements which will cease on exit day (e.g. the Union database holding information relating to EU wide entities providing cargo security).

Regulations 3 to 40 amend the provisions in EU Regulation 300/2008 to (amongst other things) ensure the continued availability of necessary legislative powers by replacing legislative powers conferred on the Commission (e.g. in Article 4) with powers to make regulations conferred on the Secretary of State. Regulation 19 makes provision governing the Parliamentary procedure which applies to the powers of the Secretary of State to make regulations.

Regulations 41 to 125 amend other EU Regulations (Regulations 300/2008, 272/2009, 1254/2009 and 2015/1998). Regulation 2015/1998 prescribes the detailed requirements governing matters such as passenger and baggage screening, access to secure areas of airports and the background checks which must be carried out in respect of airport staff who work in secure areas.

Regulation 126 revokes EU Regulation 72/2010. Regulation 127 revokes EU Regulation 2019/103. This regulation amends Regulation 2015/1998 and most of its provisions apply from 1st February 2019; the remainder of its provisions will not apply until 31st December 2020. These Regulations deal with those provisions which apply from 1st February 2019 but not those provisions which do not form part of retained EU law. Regulation 2019/103 is revoked because Article 2 (applicability) would be both in force and applicable at exit day and therefore retained in domestic law, but it would be redundant (since the provisions to which it refers are not retained in domestic law).

Regulation 128 revokes Commission Decision C(2015) 8005. The contents of this Decision are not published. It prescribes requirements corresponding to the detailed requirements set out in Regulation 2015/1998 which if available in the public domain would compromise the efficacy of the security measures applied at airports etc. (e.g. the detailed specification of screening equipment).

Part 4 (regulation 129) amends Annex 13 to the EEA Agreement to remove redundant references.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen. An Explanatory Memorandum has been published alongside these Regulations and is available with these Regulations on www.legislation.gov.uk.