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

Type Statutory-Instrument

Publication 2019-03-21

Last updated 2025-02-27

State In force

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

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Made: 21st March 2019

Coming into force in accordance with regulation 1

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.

PART 1 — Introduction

Citation and commencement

1

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

PART 2 — Amendment of subordinate legislation

Amendment of the Civil Aviation Authority Regulations 1991

2

The Civil Aviation Authority Regulations 1991[^f00002] are amended in accordance with regulations 3 and 4.

3

In regulation 6 (regulation of the conduct of the authority)—

(a) in paragraph (1), after “The functions conferred on the Authority by or under Air Navigation Orders”, insert “or other retained EU law regarding aviation safety”;

(b) in paragraph (8)(a), after “an Air Navigation Order” insert “or under other retained EU law regarding aviation safety”.

4

In regulation 25 (hearings in connection with licences), in paragraph (1)(c), after “an Air Navigation Order” insert “or under other retained EU law regarding aviation safety”.

5

The Air Navigation Order 2016[^f00003] is amended in accordance with Schedule 1.

PART 3 — Amendment of principal EU Regulations

CHAPTER 1 — Amendment of Council Regulation (EEC) No 3922/91

Council Regulation (EEC) No 3922/91 (technical harmonization)

6

Council Regulation (EEC) No 3922/91 of 16 December 1991 on the harmonization of technical requirements and administrative procedures in the field of civil aviation is amended in accordance with regulations 7 to 14.

Amendment of Article 1 of Council Regulation (EEC) No 3922/91

7

(1) Article 1 is amended as follows.

(2) For paragraph 1 substitute—

(1) This Regulation applies to technical requirements and administrative procedures in the field of civil aviation safety related to the operation and maintenance of air taxi, emergency medical service and single pilot commercial air transport operations by aeroplanes, and persons and organisations involved in such tasks, until such time as detailed rules are introduced pursuant to Article 32(1)(a) of Regulation 2018/1139..

(3) In paragraph 2—

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

(b) after “third country” insert “(which in this Regulation means any country or territory other than the United Kingdom)”.

(4) Omit paragraphs 3 and 4.

Amendment of Article 2 of Council Regulation (EEC) No 3922/91

8

(1) Article 2 is amended as follows.

(2) In paragraph (a)—

(a) in both places it occurs, for “a Member State” substitute “the United Kingdom”;

(b) for “that Member State” substitute “the United Kingdom”;

(d) for “Community legislation” substitute “Regulation (EC) No 1008/2008 of the Parliament and of the Council on common rules for the operation of air services”.

(3) Omit paragraph (g).

(4) For paragraph (i) substitute—

(i) ‘the CAA’ means the Civil Aviation Authority.

Amendment of Article 3 of Council Regulation (EEC) No 3922/91

9

Article 3 , paragraph 1, is amended as follows—

(a) for “Without prejudice to Article 11, the common” substitute “The”;

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

(c) for “commercial transportation by aeroplane” substitute “air taxi, emergency medical service and single pilot commercial air transport operations”.

Amendment of Articles 4 to 7 of Council Regulation (EEC) No 3922/91

10

Omit Articles 4 to 7.

Amendment of Article 8 of Council Regulation (EEC) No 3922/91

11

(1) Article 8 is amended as follows.

(2) Omit paragraph 1.

(3) In paragraph 2—

(a) in the first subparagraph, for “A Member State” substitute “The CAA”;

(b) omit the subparagraphs following the first subparagraph.

(4) Omit paragraph 3.

(5) In paragraph 4—

(a) for the words from the start to “Member State” substitute “The Secretary of State”;

(b) omit the words from “until Community rules” to the end.

Amendment of Articles 8a to 13 of Council Regulation (EEC) No 3922/91

12

Omit Articles 8a to 13.

Further amendment of Council Regulation (EEC) No 3922/91

13

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

Amendment of Annex III to Council Regulation (EEC) No 3922/91

14

(1) Annex III, Subpart Q (flight and duty time limitations and rest requirements) is amended as follows.

(2) In point OPS.1.1090—

(a) in point 2.1(b), for “Authority” substitute “CAA”;

(b) in point 5—

(i) in the heading, for “Civil Aviation Authorities” substitute “the CAA”;

(ii) in point 5.1.1—

(aa) for “Authority” substitute “CAA”;

(bb) for “Member States concerned” substitute “United Kingdom”;

(iii) in point 5.1.2, for “Authority” substitute “CAA”.

(3) In points OPS.1.1095 to OPS.1.1125, in each place it occurs, for “Authority” substitute “CAA”.

(4) In point OPS.1.1135(4), omit “or longer if required in accordance with national laws”.

CHAPTER 2 — Amendment of Regulation (EC) No 2111/2005

Regulation (EC) No 2111/2005 (banned operator list)

15

Regulation (EC) No 2111/2005 of the European Parliament and of the Council of 14 December 2005 on the establishment of a Community list of air carriers subject to an operating ban within the Community and on informing air transport passengers of the identity of the operating air carrier, and repealing Article 9 of Directive 2004/36/EC is amended in accordance with regulations 16 to 33.

Amendment of the title of Regulation (EC) No 2111/2005

16

The title is amended as follows—

(a) in the first place it occurs, omit “Community”;

(b) in the second place it occurs, for “Community” substitute “United Kingdom”.

Amendment of Article 1 of Regulation (EC) No 2111/2005

17

(1) Article 1 (subject matter) is amended as follows.

(2) In paragraph 1, in point (a)—

(a) for “Community list, based on common criteria” substitute “list, based on the criteria in the Annex”;

(b) in the second place it occurs, for “Community” substitute “United Kingdom”.

(3) Omit paragraphs 2 and 3.

Amendment of Article 2 of Regulation (EC) No 2111/2005

18

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

(2) In point (f), for the words from “means” to the end substitute “means any permission granted under article 250(2) of the Air Navigation Order 2016, or any authorisation issued under Article 3 of Commission Regulation 452/2014 laying down technical requirements and administrative procedures related to air operations of third country operators”.

(3) In point (g)—

(a) after “‘operating ban’ means” insert “a decision under article 250(1A) of the Air Navigation Order 2016, or”;

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

(4) In point (h), for “Article 2(1) of Directive 90/314/EEC” substitute “regulation 2(5) of the Package Travel and Linked Travel Arrangements Regulations 2018[^f00004]”.

(5) In point (j), for “relevant Community law” substitute “any relevant enactment”.

(6) After point (j) insert—

(k) ‘the CAA’ means the Civil Aviation Authority; (l) ‘third country’ means any country or territory other than the United Kingdom, British overseas territories, and the Channel Islands and the Isle of Man.

Amendment of the heading for Chapter 2 of Regulation (EC) No 2111/2005

19

In the heading for Chapter 2, for “Community” substitute “United Kingdom Safety”.

Amendment of Article 3 of Regulation (EC) No 2111/2005

20

(1) Article 3 (establishment of the Community list) is amended as follows.

(2) In the heading, for “Community” substitute “United Kingdom Safety”.

(3) In paragraph 1—

(a) in the first sentence—

(i) in the first place it occurs, for “Community” substitute “United Kingdom on safety grounds”;

(ii) for “Community list” substitute “United Kingdom safety list”;

(iii) after “be established” insert “by the Secretary of State”;

(b) omit the second sentence.

(4) In paragraph 2—

(a) in the first place it occurs, omit “common”;

(b) for “imposing an operating ban on an air carrier” substitute “including an air carrier on the United Kingdom safety list”;

(d) for “ The Commission is empowered to adopt delegated acts in accordance with Article 14a amending the Annex in order to modify the common criteria” substitute “The Secretary of State may modify the Annex by regulations”;

(e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) Omit paragraphs 3 and 4.

Amendment of Article 4 of Regulation (EC) No 2111/2005

21

(1) Article 4 (updating of the Community list) is amended as follows.

(2) In the heading, for “Community” substitute “United Kingdom safety”.

(3) In paragraph 1—

(a) at the start, for “Community” substitute “United Kingdom safety”;

(b) for point (a) substitute—

(a) to include an air carrier which is subject to an operating ban in the United Kingdom imposed on the basis of the criteria in the Annex;

(i) in the first two places it occurs, for “Community” substitute “United Kingdom safety”;

(ii) for “common criteria” substitute “criteria in the Annex”;

(iii) in the third place it occurs, for “Community” substitute “United Kingdom safety”;

(d) for point (c) substitute—

(c) to modify the entry for an air carrier in the United Kingdom safety list to reflect a decision under article 250(1B) of the Air Navigation Order 2016 to amend a decision under article 250(1A) of that Order.

(4) In paragraph 2—

(a) for the words from the start to “Member State,” substitute “The Secretary of State, having consulted the CAA,”;

(b) in the first place it occurs, for “Community” substitute “United Kingdom safety”;

(d) in the second place it occurs, for “Commission” substitute “Secretary of State”;

(e) in the second place it occurs, for “Community” substitute “United Kingdom safety”.

(5) Omit paragraph 3.

Amendment of Article 5 of Regulation (EC) No 2111/2005

22

Omit Article 5 (provisional measures for updating of the Community list).

Amendment of Article 6 of Regulation (EC) No 2111/2005

23

Omit Article 6 (exceptional measures).

Amendment of Article 7 of Regulation (EC) No 2111/2005

24

Omit Article 7 (rights of defence).

Amendment of Article 8 of Regulation (EC) No 2111/2005

25

Omit Article 8 (detailed rules).

Amendment of Article 9 of Regulation (EC) No 2111/2005

26

(1) Article 9 (publication) is amended as follows.

(2) In paragraph 1—

(a) for “Community” substitute “United Kingdom safety”;

(b) for “in the Official Journal of the European Union” substitute “by the CAA on the CAA website”.

(3) In paragraph 2—

(a) for “The Commission and the Member States” substitute “The Secretary of State and the CAA”;

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

(4) In paragraph 3—

(a) for “national civil aviation authorities, the European Aviation Safety Agency” substitute “the CAA”;

(b) for “territory of the Member States” substitute “United Kingdom”;

Amendment of Article 10 of Regulation (EC) No 2111/2005

27

(1) Article 10 (scope) is amended as follows.

(2) In paragraph 1—

(a) for “Community” substitute “United Kingdom”;

(b) in points (a) and (b), for the words from “on territory” to the end substitute “in the United Kingdom”.

(3) In paragraph 3, for the words from “Directive” to the end substitute “the Package Travel and Linked Travel Arrangements Regulations 2018 and Regulation (EC) No 80/2009”.

Amendment of Article 12 of Regulation (EC) No 2111/2005

28

In Article 12 (right to reimbursement or re-routing), in paragraph 2—

(a) in point (a)—

(i) in the first place it occurs, for “Community” substitute “United Kingdom safety”;

(ii) in the second place it occurs, for “Community” substitute “United Kingdom”;

(b) in point (b)—

(i) in the first place it occurs, for “Community” substitute “United Kingdom safety”;

(ii) in the second place it occurs, for “Community” substitute “United Kingdom”.

Amendment of Article 13 of Regulation (EC) No 2111/2005

29

Omit Article 13 (penalties).

Amendment of Article 14 of Regulation (EC) No 2111/2005

30

Omit Article 14 (information and amendment).

Amendment of Article 15 of Regulation (EC) No 2111/2005

31

For Article 15 (including the heading) substitute—

(1) Regulations made under this Regulation are to be made by statutory instrument. (2) Regulations made by the Secretary of State under this Regulation are subject to annulment in pursuance of a resolution of either House of Parliament. (3) 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.

Further amendment of Regulation (EC) No 2111/2005

32

After Article 17 (entry into force), omit the paragraph which begins “This Regulation shall be binding”.

Amendment of the Annex to Regulation (EC) No 2111/2005

33

(1) The Annex (common criteria for consideration of an operating ban for safety reasons at Community level) is amended as follows.

(2) For the heading substitute “Criteria relevant to inclusion of an air carrier on the United Kingdom safety list”.

(3) In the first paragraph—

(a) omit “on action at Community level”;

(b) in the second place it occurs, for “action at Community level” substitute “inclusion on the United Kingdom safety list”.

(4) In the second paragraph—

(a) for “totally or partially banned” substitute “included on the United Kingdom safety list”;

(b) in point 1, omit the second indent;

(d) in point 3—

(i) in the first indent, for “the civil aviation authority of a Member State” substitute “the CAA”;

(ii) in the second indent, in point (a), for “applicable Community law” substitute “relevant enactment”.

CHAPTER 3 — Amendment of Regulation (EU) No 996/2010

Regulation (EU) No 996/2010 (accident investigation)

34

Regulation (EU) No 996/2010 of the European Parliament and of the Council of 20 October 2010 on the investigation and prevention of accidents in civil aviation and repealing Directive 94/65/EC is amended in accordance with regulations 35 to 58.

Amendment of Article 1 of Regulation (EU) No 996/2010

35

(1) Article 1 (subject matter) is amended as follows.

(2) In paragraph 1—

(a) in the first place it occurs, for “European” substitute “United Kingdom”;

(b) omit the words from “, including through” to “Safety Investigation Authorities”.

(3) Omit paragraph 2.

Amendment of Article 2 of Regulation (EU) No 996/2010

36

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

(2) In paragraph 2, for “a Member State” substitute “the Secretary of State”.

(3) In paragraph 11, for “staff of the national civil aviation authority; or staff of EASA” substitute “or staff of the CAA”.

(4) After paragraph 17 insert—

(18) ‘the CAA’ means the Civil Aviation Authority; (19) ‘third country’ means any country or territory other than the United Kingdom.

Amendment of Article 3 of Regulation (EU) No 996/2010

37

(1) Article 3 (scope) is amended as follows.

(2) In paragraph 1—

(a) in point (a), for the words from “territories” to the end substitute “United Kingdom”;

(b) in point (b)—

(i) in both places the words occur, for “a Member State” substitute “the United Kingdom”;

(ii) for “territories of the Member States to which the Treaties apply” substitute “United Kingdom”;

(3) In paragraph 3—

(a) for “Member State concerned” substitute “Secretary of State”;

(b) for “national legislation” substitute “any other relevant enactment”.

Amendment of Article 4 of Regulation (EU) No 996/2010

38

(1) Article 4 (civil aviation safety investigation authority) is amended as follows.

(2) In paragraph 1, for “Each Member State” substitute “The Secretary of State”.

(3) In paragraph 6—

(a) for the words from the beginning to “Member State” substitute “The Secretary of State must ensure that the safety investigation authority has”;

(b) in point (a), for “national” substitute “any other relevant”.

Amendment of Article 5 of Regulation (EU) No 996/2010

39

(1) Article 5 (obligation to investigate) is amended as follows.

(2) In paragraph 1—

(a) after “Every accident or serious incident” insert “in the United Kingdom”;

(b) omit the words from “in the Member State” to the end.

(3) In paragraph 2—

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

(b) for “Member State of registration” substitute “United Kingdom”.

(4) In paragraph 4—

(a) at the start, for “Safety investigation authorities” substitute “The safety investigation authority”;

(b) for “the national legislation of the Member States, when they expect” substitute “any relevant enactment, when it expects”.

Amendment of Article 6 of Regulation (EU) No 996/2010

40

(1) Article 6 (cooperation between safety investigation authorities) is amended as follows.

(2) For paragraph 1 substitute—

(1) The safety investigation authority may request the assistance of safety investigation authorities from other states and may provide assistance to such authorities if requested.

(3) At the start of paragraph 2, for “A” substitute “The”.

Amendment of Article 7 of Regulation (EU) No 996/2010

41

Omit Article 7 (European network of civil aviation safety investigation authorities).

Amendment of Article 8 of Regulation (EU) No 996/2010

42

(1) Article 8 (participation of EASA and national civil aviation authorities in safety investigations) is amended as follows.

(2) In the heading, for “EASA and national civil aviation authorities” substitute “the CAA”.

(3) In paragraph 1—

(a) for the words from the start to “to participate:” substitute—

(1) The CAA must, provided that the requirement of no conflict of interest is satisfied, appoint a representative to participate:;

(b) in point (a), omit “, conducted in the territory of a Member State or”;

(4) In paragraph 3, for “EASA and the national civil aviation authorities” substitute “The CAA”.

Amendment of Article 9 of Regulation (EU) No 996/2010

43

In Article 9 (obligation to notify accidents and serious incidents), in paragraph 2—

(a) omit “the Commission, EASA,”;

(b) omit “, the Member States”.

Amendment of Article 10 of Regulation (EU) No 996/2010

44

(1) Article 10 (participation of the Member States in safety investigations) is amended as follows.

(2) In the heading, for “Member States” substitute “safety investigation authority”.

(3) In paragraph 1, for the first sentence substitute—

Upon receipt of the notification of the occurrence of an accident or serious incident from another country, to the United Kingdom as the State of Registry, the State of the Operator, the State of Design or the State of Manufacture, the safety investigation authority must, as soon as possible, inform the country concerned whether the safety investigation authority intends to appoint an accredited representative in accordance with international standards and recommended practices.

(4) Omit paragraph 2.

Amendment of Article 11 of Regulation (EU) No 996/2010

45

In Article 11 (status of safety investigators), in paragraph 2—

(a) for “the legal acts of the Union or national” substitute “any relevant”;

(b) in point (g) omit “EASA”.

Amendment of Article 12 of Regulation (EU) No 996/2010

46

In Article 12 (coordination of investigations), in paragraph 3—

(a) in the first paragraph, for “Member States shall ensure that safety investigation authorities” substitute “The Secretary of State must ensure that the safety investigation authority”;

(b) omit the last paragraph.

Amendment of Article 13 of Regulation (EU) No 996/2010

47

In Article 13 (preservation of evidence), in paragraph 1, for the words from the beginning to “occurred” substitute “Where the accident or serious incident occurred in the United Kingdom, the safety investigation authority”.

Amendment of Article 14 of Regulation (EU) No 996/2010

48

(1) Article 14 (protection of sensitive safety information) is amended as follows.

(2) In paragraph 1, in point (e), omit “Member States or third”.

(3) In paragraph 3—

(a) in the first subparagraph, omit the second sentence;

(b) omit the second subparagraph.

Amendment of Article 15 of Regulation (EU) No 996/2010

49

(1) Article 15 (communication of information) is amended as follows.

(2) In paragraph 1, for “applicable rules of professional secrecy” substitute “obligations of confidentiality under any relevant law”.

(3) In paragraph 3—

(a) in the first sentence for “EASA and national civil aviation authorities” substitute “the CAA”;

(b) in the second sentence—

(i) for “EASA and the national civil aviation authorities” substitute “the CAA”;

(ii) for the words from “applicable” to the end substitute “any other relevant enactment”.

Amendment of Article 16 of Regulation (EU) No 996/2010

50

(1) Article 16 (investigation report) is amended as follows.

(2) In paragraph 3—

(a) omit “including EASA,”;

(b) for “applicable rules of professional secrecy” substitute “obligations of confidentiality under any relevant law”.

(3) In paragraph 4—

(a) omit “including EASA,”;

(b) for “applicable rules of professional secrecy” substitute “obligations of confidentiality under any relevant law”.

(4) In paragraph 8 omit point (c).

Amendment of Article 17 of Regulation (EU) No 996/2010

51

(1) Article 17 (safety recommendations) is amended as follows.

(2) In paragraph 1, omit “Member States or third”.

(3) In paragraph 2, at the start, for “A” substitute “The”.

Amendment of Article 18 of Regulation (EU) No 996/2010

52

(1) Article 18 (follow-up to safety recommendations and safety recommendations database) is amended as follows.

(2) In paragraph 3, for “Each” substitute “The”.

(3) In paragraph 4, for the words from “, including” to “level,” substitute “and the CAA”.

(4) Omit paragraph 5.

Amendment of Article 20 of Regulation (EU) No 996/2010

53

(1) Article 20 (information on persons and dangerous goods on board) is amended as follows.

(2) In paragraph 1—

(a) for “Union” substitute “United Kingdom”;

(b) for the words from “territories” to “apply” substitute “United Kingdom”.

(3) In paragraph 2—

(a) omit “in charge”;

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

(4) In paragraph 4, omit “the legal acts of the Union and”.

Amendment of Article 21 of Regulation (EU) No 996/2010

54

(1) Article 21 (assistance to the victims of air accidents and their relatives) is amended as follows.

(2) In paragraph 1—

(a) omit “and harmonised”;

(b) for “at EU level, each Member State” substitute “the Secretary of State”.

(3) In paragraph 2—

(a) in the first sentence—

(i) at the start, for “Member States” substitute “The CAA”;

(ii) for “their territory” substitute “the United Kingdom”;

(b) in the third sentence—

(i) at the start, for “The Member States” substitute “The CAA”;

(ii) for “their territory” substitute “the United Kingdom”;

(i) at the start, for “Member States” substitute “The Secretary of State”;

(ii) for “third-country airlines” substitute “airlines from other countries”;

(iii) for “Union” substitute “United Kingdom”.

(4) In paragraph 3, for the words from “Member State” in the first place it occurs, to “accident” in the third place it occurs, substitute “Secretary of State”.

(5) In paragraph 4—

(a) omit “Member State or”;

(b) for the words from “territories” to “apply” substitute “United Kingdom”.

Amendment of Article 22 of Regulation (EU) No 996/2010

55

In Article 22 (access to documents and protection of personal data)—

(a) omit paragraph 1;

(b) in paragraph 2, for the words from “Directive 95/46/EC” to the end substitute “data protection legislation within the meaning of section 3(9) of the Data Protection Act 2018 (c.12)”.

Amendment of Article 23 of Regulation (EU) No 996/2010

56

Omit Article 23 (penalties).

Amendment of Article 24 of Regulation (EU) No 996/2010

57

Omit Article 24 (amendment of the Regulation).

Further amendment of Regulation (EU) No 996/2010

58

After Article 26 (entry into force), omit the sentence which begins “This Regulation shall be binding”.

CHAPTER 4 — Amendment of Regulation (EU) No 376/2014

Regulation (EU) No 376/2014 (occurrence reporting)

59

Regulation (EU) No 376/2014 of the European Parliament and of the Council of 3 April 2014 on the reporting, analysis and follow-up of occurrences in civil aviation, amending Regulation (EU) No 996/2010 of the European Parliament and of the Council and repealing Directive 2003/42/EC of the European Parliament and of the Council and Commission Regulations (EC) No 1321/2007 and (EC) No 1330/2007 is amended in accordance with regulations 60 to 81.

Amendment of Article 1 of Regulation (EU) No 376/2014

60

In Article 1 (objectives), in paragraph 1, in point (c), omit “at both Union level and national level”.

Amendment of Article 2 of Regulation (EU) No 376/2014

61

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

(2) Omit paragraphs 13 and 14.

(3) In paragraph 15, for “a Member State” substitute “the United Kingdom”.

(4) Omit paragraphs 16 and 17.

(5) After paragraph 18 insert—

(19) ‘the CAA’ means the Civil Aviation Authority.

Amendment of Article 3 of Regulation (EU) No 376/2014

62

(1) Article 3 (subject matter and scope) is amended as follows.

(2) In paragraph 1, omit point (e).

(3) In paragraph 2, in the last paragraph, for “Member States” substitute “The Secretary of State”.

Amendment of Article 4 of Regulation (EU) No 376/2014

63

(1) Article 4 (mandatory reporting) is amended as follows.

(2) In paragraph 2, for “a Member State” substitute “the United Kingdom”.

(3) In paragraph 3, for “Each Member State” substitute “The CAA”.

(4) Omit paragraph 4.

(5) In paragraph 5—

(a) in the first subparagraph—

(i) for “Commission” substitute “Secretary of State”;

(ii) in both places the words occur, for “implementing acts” substitute “regulations”;

(b) in the second subparagraph—

(i) for “Commission” substitute “Secretary of State”;

(ii) for “implementing acts” substitute “regulations”.

(6) In paragraph 6—

(a) in the introductory words, for the words from “Member State” to “Agency” substitute “CAA”;

(b) in point (a), in both places the words occur—

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

(ii) for “Union” substitute “United Kingdom”;

(d) in points (d) and (f), for “a Member State” substitute “the CAA”.

(7) In paragraph 8—

(a) for “a Member State which is not covered by paragraph 9” substitute “the United Kingdom”;

(b) for “competent authority of that Member State, as referred to in Article 6(3),” substitute “the CAA”.

(8) Omit paragraph 9.

Amendment of Article 5 of Regulation (EU) No 376/2014

64

(1) Article 5 (voluntary reporting) is amended as follows.

(2) In paragraph 1, for “a Member State” substitute “the United Kingdom”.

(3) In paragraph 2, for “Each Member State” substitute “The CAA”.

(4) Omit paragraphs 3 and 5.

(5) In paragraph 6—

(a) for the words from “a Member State” to “Agency” substitute “the United Kingdom”;

(b) for the words from “competent authority” to “Article 6(3)” substitute “the CAA”;

(d) for “their territory” substitute “the United Kingdom”.

(6) In paragraph 7—

(a) for “Member States, the Agency” substitute “The CAA”;

(b) for “paragraphs 1, 2 and 3” substitute “paragraphs 1 and 2”;

Amendment of Article 6 of Regulation (EU) No 376/2014

65

(1) Article 6 (collection and storage of information) is amended as follows.

(2) In paragraph 1, for “a Member State” substitute “the United Kingdom”.

(3) In paragraph 2, for “competent authority” substitute “CAA”.

(4) In paragraph 3—

(a) in the first subparagraph, for the words from “Each Member State” to “competent authorities to” substitute “The CAA must”;

(b) omit the third and fourth subparagraphs.

(5) Omit paragraph 4.

(6) In paragraph 6, for “competent authorities referred to in paragraph 3” substitute “the CAA”.

(7) Omit paragraph 8.

(8) In paragraph 9—

(a) for “Safety investigation authorities” substitute “The safety investigation authority”;

(b) for “their respective” substitute “the”;

(9) For paragraph 10 substitute—

(10) The CAA is to have full access to the national database referred to in paragraph 6 for the purposes of its safety-related responsibilities.

Amendment of Article 7 of Regulation (EU) No 376/2014

66

(1) Article 7 (quality and content of occurrence reports) is amended as follows.

(2) In paragraph 3, for “Organisations, Member States and the Agency” substitute “Organisations and the CAA”.

(3) In paragraph 4, for “paragraphs 5, 6 and 8” substitute “ paragraphs 5 and 6 ”.

(4) For paragraph 5 substitute—

(5) The CAA must develop a risk classification scheme to enable organisations and the CAA to classify occurrences in terms of safety risk. In so doing, the CAA must take into account the need for compatibility with existing risk classification schemes.

(5) Omit paragraphs 6, 7 and 8.

Amendment of Articles 8 to 12 of Regulation (EU) No 376/2014

67

Omit the following—

(a) Article 8 (European Central Repository);

(b) Article 9 (exchange of Information);

(d) Article 11 (processing of requests and decisions);

(e) Article 12 (record of requests and exchange of information).

Amendment of Article 13 of Regulation (EU) No 376/2014

68

(1) Article 13 (occurrence analysis and follow-up at national level) is amended as follows.

(2) In the heading, omit “at national level”.

(3) In paragraphs 1, 2 and 3, in each place it occurs, for “a Member State” substitute “the United Kingdom”.

(4) In paragraph 4—

(a) in the first sentence—

(i) for the words from “a Member State” to “paragraph 5” substitute “the United Kingdom”;

(ii) for “the competent authority of that Member State” substitute “the CAA”;

(b) in the last paragraph, for “A competent authority of a Member State” substitute “The CAA”.

(5) Omit paragraph 5.

(6) In paragraph 6—

(a) for “Each Member State and the Agency” substitute “The CAA”;

(b) for “Articles 4(6), 5(2) and 5(3) substitute “Articles 4(6) and 5(2)”.

(7) In paragraph 7, for “a Member State or the Agency” substitute “the CAA”.

(8) In paragraph 8—

(a) for “each Member State and the Agency” substitute “the CAA”;

(b) for “a Member State and the Agency” substitute “the CAA”.

(9) Omit paragraph 9.

(10) In paragraph 10, for “Member States” substitute “The Secretary of State and the CAA”.

(11) In paragraph 11, for “each Member State” substitute “the CAA”.

(12) In paragraph 12, for “Member States” substitute “The CAA”.

Amendment of Article 14 of Regulation (EU) No 376/2014

69

Omit Article 14 (occurrence analysis and follow up at Union level).

Amendment of Article 15 of Regulation (EU) No 376/2014

70

(1) Article 15 (confidentiality and appropriate use of information) is amended as follows.

(2) In paragraph 1—

(a) in the first subparagraph—

(i) at the start, for “Member States” substitute “The CAA”;

(ii) omit “their”;

(iii) omit “and the Agency”;

(iv) for “Articles 4, 5 and 10” substitute “Articles 4 and 5”;

(b) in the second subparagraph—

(i) at the start, for “Each Member State,” substitute “The CAA and”;

(ii) for “a Member State, or the Agency” substitute “the United Kingdom”;

(iii) for the words from “national legal acts” to the end substitute “data protection legislation within the meaning of section 3(9) of the Data Protection Act 2018 (c.12)”.

(3) In paragraph 2, in the second paragraph, for “Member States, the Agency” substitute “The CAA”.

(4) Omit paragraph 3.

(5) In paragraph 4—

(a) for the words from the start to “Article 6(3) and their” substitute “The CAA and”;

(b) after “administration of justice” insert “must”.

Amendment of Article 16 of Regulation (EU) No 376/2014

71

(1) Article 16 (protection of the information source) is amended as follows.

(2) In paragraph 2, for “a Member State” substitute “the United Kingdom”.

(3) In paragraph 3, for “Each Member State” substitute “the CAA”.

(4) Omit paragraph 4.

(5) In paragraph 5, at the start, for “Member States and the Agency” substitute “The CAA”.

(6) In paragraph 6—

(a) in the first subparagraph—

(i) for “Member States” substitute “the CAA”;

(ii) for “their attention” substitute “its attention”;

(b) in the second subparagraph—

(i) in the first place it occurs, for “Member States” substitute “The Secretary of State”;

(ii) in the second place it occurs, for “Member States” substitute “The Secretary of State and the CAA”.

(7) In paragraph 7—

(a) in the first subparagraph omit “under national law”;

(b) in the last subparagraph, in both places it occurs, for “Member States” substitute “The Secretary of State”.

(8) In paragraph 8, for “Member States” substitute “The Secretary of State”.

(9) In paragraph 11—

(a) in the first subparagraph, for “a Member State” substitute “the United Kingdom”;

(b) in the second subparagraph—

(i) for “body designated pursuant to paragraph 12” substitute “CAA”;

(ii) for “its Member State” substitute “the United Kingdom”.

(10) In paragraph 12—

(a) in the first subparagraph, at the start, for “Each Member State shall designate a body” substitute “The CAA is”;

(b) in the second subparagraph—

(i) for “that body” substitute “the CAA”;

(ii) omit the last sentence;

(11) Omit paragraph 13.

Amendment of Article 17 of Regulation (EU) No 376/2014

72

(1) Article 17 (updating of the annexes) is amended as follows.

(2) In the heading, for “annexes” substitute “annex”.

(3) In the first paragraph—

(a) for the words from the start to “Article 18” substitute “The Secretary of State may make regulations”;

(b) omit point (b);

(i) for “any of the Annexes” substitute “Annex 1”;

(ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(iii) for “Union” substitute “Secretary of State”.

(4) In the last paragraph—

(a) for the words from “Agency” to “Article 14(2)” substitute “CAA”;

(b) for “Commission” substitute “Secretary of State”.

Amendment of Article 18 of Regulation (EU) No 376/2014

73

Omit Article 18 (exercise of the delegation).

Amendment of Article 19 of Regulation (EU) No 376/2014

74

For Article 19 substitute—

(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 this Regulation are to be subject to annulment in pursuance of a resolution of either House of Parliament. (3) 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.

Amendment of Article 20 of Regulation (EU) No 376/2014

75

In Article 20 (access to documents and protection of personal data)—

(a) omit paragraph 1;

(b) in paragraph 2, for the words from “national legal acts” to the end substitute “data protection legislation within the meaning of section 3(9) of the Data Protection Act 2018 (c.12)”.

Amendment of Article 21 of Regulation (EU) No 376/2014

76

Omit Article 21 (penalties).

Amendment of Article 24 of Regulation (EU) No 376/2014

77

(1) Article 24 (entry into force and application) is amended as follows.

(2) Omit paragraph 2.

(3) In paragraph 3, omit the second sentence.

Further amendment of Regulation (EU) No 376/2014

78

After Article 24 (entry into force and application), omit the sentence which begins “This Regulation shall be binding”.

Amendment of Annex 1 to Regulation (EU) No 376/2014

79

(1) Annex 1 (list of requirements applicable to the mandatory and voluntary occurrence reporting schemes) is amended as follows.

(2) In the paragraph commencing “Note:”, for the words from “competent authorities” to “Agency” substitute “CAA”.

(3) In paragraph 1—

(a) in the first sentence, for “, Member States and the Agency” substitute “and the CAA”;

(b) in point (6)—

(i) omit the first indent;

(ii) in the second indent, after “Narrative” insert “(in English)”.

(4) In paragraph 2, in each place the words occur, for “, Member States and the Agency” substitute “and the CAA”.

Amendment of Annex 2 to Regulation (EU) No 376/2014

80

Omit Annex 2 (interested parties).

Amendment of Annex 3 to Regulation (EU) No 376/2014

81

Omit Annex 3 (request for information from the European Central Repository).

CHAPTER 5 — Amendment of Regulation (EU) No 2018/1139

Regulation (EU) No 2018/1139 (civil aviation safety)

82

Regulation (EU) No 2018/1139 of the European Parliament and of the Council of 4 July 2018 on common rules in the field of civil aviation and establishing a European Union Aviation Safety Agency, and amending Regulations (EC) No 2111/2005, (EC) No 1008/2008, (EU) No 996/2010, (EU) No 376/2014 and Directives 2014/30/EU and 2014/53/EU of the European Parliament and of the Council, and repealing Regulations (EC) No 552/2004 and (EC) No 216/2008 of the European Parliament and of the Council and Council Regulation (EEC) No 3922/91 is amended in accordance with regulations 83 to 180.

SECTION 1 — Principles – Chapter 1 of Regulation (EU) No 2018/1139

Amendment of Article 1 of Regulation (EU) No 2018/1139

83

(1) Article 1 (subject matter and objectives) is amended as follows.

(2) In paragraph 1—

(a) omit “uniform”;

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

(3) In paragraph 2—

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

(b) for point (b) substitute—

(b) provide a level playing field for all actors in the United Kingdom aviation market, and improve the competitiveness of the United Kingdom’s aviation industry

(d) in point (e), omit “Union and”;

(e) in point (f), omit “uniform”;

(f) in point (g)—

(i) for “Member States” substitute “the United Kingdom”;

(ii) for “exercising their rights and fulfilling their obligations” substitute “exercising its rights and fulfilling its obligations”;

(iii) omit the words from “, by ensuring” to the end;

(g) omit point (h).

(4) In paragraph 3—

(a) in point (a)—

(i) for “adoption” substitute “making”;

(ii) omit “uniform”;

(iii) for “acts” substitute “regulations”;

(b) omit point (c);

(c) in point (d), for “delegated and implementing acts adopted on the basis thereof” substitute “regulations made under it”;

(d) omit point (e);

(e) in point (f)—

(i) omit “uniform”;

(ii) for “the national competent authorities and the Agency” substitute “the Secretary of State and the CAA”.

Amendment of Article 2 of Regulation (EU) No 2018/1139

84

(1) Article 2 (scope) is amended as follows.

(2) In paragraph 1—

(a) in point (a), for “the Agency or a Member State” substitute “the CAA”;

(b) in point (b)—

(i) in point (i)—

(aa) for “a Member State” substitute “the United Kingdom”;

(bb) for “the Member State” substitute “the United Kingdom”;

(ii) in point (ii) for “territory to which the Treaties apply” substitute “United Kingdom”;

(iii) in point (iii)—

(aa) for “a Member State” substitute “the United Kingdom”;

(bb) for “territory to which the Treaties apply” substitute “United Kingdom”;

(cc) for “that territory” substitute “the United Kingdom”;

(d) in point (f), omit “Union and”;

(e) in point (g), for “the Single European Sky” substitute “United Kingdom”;

(f) for point (h), substitute “the design of airspace structures”.

(3) In paragraph 3—

(a) in point (a), for “a Member State” substitute “the United Kingdom”;

(b) below point (d)—

(i) in the subparagraph commencing “As regards”—

(aa) in the first place it occurs, for “Member States” substitute “the CAA in relation to civil aviation, and the Secretary of State in relation to military aviation”;

(bb) in the second place it occurs, for “Member States” substitute “The CAA or the Secretary of State (as the case may be)”;

(4) In paragraph 4—

(a) in the first subparagraph, for “delegated and implementing acts adopted on the basis thereof” substitute “regulations made under it”;

(b) in point (a), in both places it occurs, for “Agency” substitute “CAA”;

(d) after point (c), in the subparagraph commencing “This Regulation”—

(i) for “the delegated and implementing acts adopted on the basis thereof” substitute “regulations made under it”;

(ii) for “Agency” substitute “CAA”.

(5) In paragraph 5, for the words from “and Article 7(5)” to “Member States” substitute “the Secretary of State”.

(6) In paragraph 6—

(a) in the first subparagraph—

(i) for “A Member State” substitute “The Secretary of State”;

(ii) for “where it considers” substitute “where the Secretary of State considers”;

(b) in the third subparagraph—

(i) for “Member State concerned” substitute “Secretary of State”;

(ii) for “the Commission and the Agency” substitute “the CAA”;

(iii) for “its decision” substitute “a decision”;

(iv) for “provide them” substitute “provide the CAA”;

(v) in point (c), for “its decision” substitute “the decision”;

(d) in the fifth subparagraph—

(i) for the words from the start to “Member State” substitute “The Secretary of State”;

(ii) omit the words from “In such cases” to the end;

(e) omit the sixth and seventh subparagraphs.

(7) In paragraph 7—

(a) in the first subparagraph—

(i) at the start, for “Member States” substitute “The CAA”;

(ii) omit “Member States concerned ensure that”;

(b) in the second subparagraph, for “delegated and implementing acts adopted on the basis thereof” substitute “regulations made under it”;

(d) in the sixth subparagraph—

(i) at the start, for “Member States” substitute “The CAA”;

(ii) for “they have exempted” substitute “it has exempted”;

(iii) for “the Member State concerned” substitute “the CAA”;

(iv) omit the words from “In that case” to the end;

(e) omit the seventh subparagraph.

(8) In paragraph 8—

(a) at the start for “A Member State” substitute “The CAA”;

(b) in points (a), (b) and (c), for “Member State” substitute “CAA”;

(9) In paragraph 9—

(a) for “a Member State” substitute “the CAA”;

(b) for “the territory of that Member State” substitute “the United Kingdom”;

(d) for “Member State concerned” substitute “CAA”;

(e) in the last place it occurs, for “Member State” substitute “CAA”.

(10) In paragraph 10—

(a) omit the first subparagraph;

(b) in the second subparagraph, for the words from “the national law” to the end substitute “the Air Navigation Order 2016”.

(11) In paragraph 11—

(a) in the first subparagraph—

(i) for the words from “provisions” to “paragraph 8” substitute “enactment”;

(ii) for “that decision” substitute “an exemption decision under paragraph 8”;

(b) omit the second subparagraph;

(i) for “A Member State” substitute “The CAA”;

(ii) omit the second sentence;

(d) omit the fourth subparagraph;

(e) in the fifth subparagraph, for “a Member State” substitute “the CAA”.

Amendment of Article 3 of Regulation (EU) No 2018/1139

85

(1) Article 3 (definitions) is amended as follows.

(2) In point (1) (“oversight”)—

(a) for “‘competent authority’” substitute “‘CAA’”;

(b) for the words from “the delegated” to “basis thereof” substitute “regulations made under it”.

(3) Omit point (8) (‘ATM Master Plan’).

(4) In point (9) (‘certification’), for “the delegated and implementing acts adopted on the basis thereof” substitute “regulations made under it”.

(5) In point (10) (‘declaration’), for “the delegated and implementing acts adopted on the basis thereof” substitute “regulations made under it”.

(6) In point (11) (‘qualified entity’), for “Agency or a national competent authority” substitute “CAA”.

(7) After point (13) (‘aircraft operator’) insert—

(13a) ‘UK operator’ means any aircraft operator established, residing or with a principal place of business in the United Kingdom;

(8) In point (25) (‘safety performance’), for “Union’s, a Member State’s” substitute “United Kingdom’s”.

(9) Omit point (33) (‘Single European Sky airspace’).

(10) For point (34) (‘national competent authority’) substitute—

(34) “‘the CAA’ means the Civil Aviation Authority;

(11) After point (34) insert—

(35) “‘third country’ means any country or territory other than the United Kingdom, except that British overseas territories, and the Channel Islands and the Isle of Man, are not within the meaning of third country for the purposes of Commission Regulation (EU) No 452/2014 of 29 April 2014 laying down technical requirements and administrative procedures related to air operations of third country operators pursuant to Regulation (EC) No 216/2008 of the European Parliament and of the Council.

Amendment of Article 4 of Regulation (EU) No 2018/1139

86

(1) Article 4 (principles for measures under this Regulation) is amended as follows.

(2) In paragraph 1—

(a) for “the Commission, the Agency and the Member States” substitute “the Secretary of State and the CAA”;

(b) omit point (f);

(3) In paragraph 2, for “the Commission, the Agency and the Member States,” substitute “the Secretary of State and the CAA”.

SECTION 2 — Aviation safety management – Chapter 2 of Regulation (EU) No 2018/1139

Amendment of Article 5 of Regulation (EU) No 2018/1139

87

Omit Article 5 (European aviation safety programme).

Amendment of Article 6 of Regulation (EU) No 2018/1139

88

Omit Article 6 (European plan for aviation safety).

Amendment of Article 7 of Regulation (EU) No 2018/1139

89

(1) Article 7 (state safety programme) is amended as follows.

(2) In paragraph 1—

(a) for the words from the start to “relevant stakeholders” substitute “The Secretary of State must, in consultation with the CAA and other relevant stakeholders”;

(b) for “its responsibility” substitute “the responsibility of the Secretary of State”;

(3) In paragraph 3—

(a) omit “and the level of safety performance referred to in Article 6(3)”;

(b) for “Member State concerned” substitute “Secretary of State”.

Amendment of Article 8 of Regulation (EU) No 2018/1139

90

(1) Article 8 (state plan for aviation safety) is amended as follows.

(2) In paragraph 1—

(a) for the words from “each Member State” to “stakeholders” substitute “the Secretary of State, in consultation with the CAA and other relevant stakeholders”;

(b) after the word “affecting”, for “its” substitute “the”.

(3) Omit paragraph 2.

SECTION 3 — Substantive requirements – Chapter 3 of Regulation (EU) No 2018/1139

Amendment of Article 11 of Regulation (EU) No 2018/1139

91

In Article 11 (design of products)—

(a) in the third paragraph, for “the delegated acts” substitute “regulations”;

(b) in the fourth paragraph, for “the delegated act” substitute “regulations”.

Amendment of Article 12 of Regulation (EU) No 2018/1139

92

In Article 12 (design of parts)—

(a) in the first paragraph, for “delegated acts” substitute “regulations”;

(b) in the second paragraph, for “the delegated acts” substitute “regulations”;

(i) for “the delegated act” substitute “regulations”;

(ii) for “the delegated acts” substitute “regulations”.

Amendment of Article 13 of Regulation (EU) No 2018/1139

93

In Article 13 (design of non-installed equipment)—

(a) in the first and second paragraphs, for “the delegated acts” substitute “regulations”;

(b) in the third paragraph—

(i) for “the delegated act” substitute “regulations”;

(ii) for “the delegated acts” substitute “regulations”.

Amendment of Article 14 of Regulation (EU) No 2018/1139

94

(1) Article 14 (individual aircraft) is amended as follows.

(2) In paragraph 1, for “the delegated acts” substitute “regulations”.

(3) In paragraph 2, for “the implementing acts” substitute “regulations”.

Amendment of Article 15 of Regulation (EU) No 2018/1139

95

(1) Article 15 (organisations) is amended as follows.

(2) In paragraph 1, in both places the words occur, for “the delegated acts referred to in” substitute “regulations made under”.

(3) In paragraph 2—

(a) in the second subparagraph, for “the adoption of the implementing acts referred to in” substitute “regulations made under”;

(b) in the last subparagraph—

(i) for “the implementing acts referred to in” substitute “regulations made under”;

(ii) omit “adopted”.

(4) In paragraphs 3 and 4, for “the implementing acts referred to in” substitute “regulations made under”.

(5) In paragraph 5—

(a) for “the adoption of the implementing acts referred to in” substitute “regulations made under”;

(b) for “implementing acts referred to in” substitute “regulations made under”;

Amendment of Article 16 of Regulation (EU) No 2018/1139

96

(1) Article 16 (personnel) is amended as follows.

(2) In paragraph 1—

(a) in the first subparagraph, for “the adoption of implementing acts referred to in” substitute “regulations made under”;

(b) in the second subparagraph—

(i) for “the implementing acts referred to in” substitute “regulations made under”;

(ii) omit “adopted”.

(3) In paragraphs 2 and 3, for “the implementing acts referred to in” substitute “regulations made under”.

Amendment of Article 17 of Regulation (EU) No 2018/1139

97

(1) Article 17 (implementing acts as regards airworthiness) is amended as follows.

(2) In the heading, for “Implementing acts” substitute “Regulations”.

(3) In paragraph 1—

(a) in the first subparagraph—

(i) omit “the uniform implementation of and”;

(ii) for “Commission” substitute “Secretary of State”;

(iii) for “adopt implementing acts” substitute “make regulations”;

(b) omit the last subparagraph.

(4) In paragraph 2, for the words from the start to “Commission” substitute “When making those regulations, the Secretary of State”.

Amendment of Article 18 of Regulation (EU) No 2018/1139

98

(1) Article 18 (derogations) is amended as follows.

(2) In paragraph 1—

(a) in point (a)—

(i) in each place the words occur, for “the delegated acts referred to in” substitute “regulations made under”;

(ii) omit “adopted”;

(b) in point (b), for “the delegated acts referred to in” substitute “regulations made under”.

(3) In paragraph 2,

(a) in the first subparagraph, in points (a) and (b), for “the delegated acts referred to in” substitute “regulations made under”;

(b) in the second subparagraph—

(i) for “the delegated acts referred to in” substitute “regulations made under”;

(ii) for “the implementing act referred to in” substitute “regulations made under”;

Amendment of Article 19 of Regulation (EU) No 2018/1139

99

(1) Article 19 (delegated powers) is amended as follows.

(2) In paragraph 1—

(a) for the words from “the Commission” to “Article 128”, substitute “the Secretary of State may make regulations”;

(b) in point (b), for “Agency” substitute “CAA”.

(3) In paragraph 2, for the words from “the Commission” to “Article 128”, substitute “Secretary of State may make regulations”.

(4) In paragraph 3—

(a) for the words from “the Commission” to “Article 128”, substitute “Secretary of State may make regulations”;

(b) for “all Member States” substitute “the United Kingdom”.

Amendment of Article 21 of Regulation (EU) No 2018/1139

100

In Article 21 (pilots), in each place the words occur, for “the implementing acts referred to in” substitute “regulations made under”.

Amendment of Article 22 of Regulation (EU) No 2018/1139

101

In Article 22 (cabin crew), in each place the words occur, for “the implementing acts referred to in” substitute “regulations made under”.

Amendment of Article 23 of Regulation (EU) No 2018/1139

102

(1) Article 23 (implementing acts as regards pilots and cabin crew) is amended as follows.

(2) In the heading, for “Implementing acts” substitute “Regulations”.

(3) In paragraph 1—

(a) in the first subparagraph—

(i) for the “the uniform implementation of, and compliance with,” substitute “compliance with”;

(ii) for “Commission” substitute “Secretary of State”;

(iii) for “adopt implementing acts” substitute “make regulations”;

(b) omit the second subparagraph;

(c) in the third subparagraph, for the words from the start to “Commission” substitute “When making those regulations, the Secretary of State”;

(d) in the fourth subparagraph, in both places the words occur, for “implementing acts” substitute “regulations”.

(4) In paragraph 2—

(a) in the first subparagraph—

(i) for the “the uniform implementation of, and compliance with,” substitute “compliance with”;

(ii) for “Commission” substitute “Secretary of State”;

(iii) for “adopt implementing acts” substitute “make regulations”;

(b) omit the second subparagraph.

Amendment of Article 24 of Regulation (EU) No 2018/1139

103

(1) Article 24 (training organisations and aero-medical centres) is amended as follows.

(2) In paragraph 2, for “the adoption of implementing acts referred to in” substitute “regulations made under”.

(3) In paragraphs 3 to 5, for “the implementing acts referred to in” substitute “regulations made under”.

(4) In paragraph 6—

(a) for “the adoption of the implementing acts referred to in” substitute “regulations made under”;

(b) in the second place the words occur, for “implementing acts referred to in” substitute “regulations made under”;

Amendment of Article 25 of Regulation (EU) No 2018/1139

104

(1) Article 25 (flight simulation training devices) is amended as follows.

(2) In paragraph 1, for “the adoption of implementing acts referred to in” substitute “regulations made under”.

(3) In paragraphs 2 to 5, in each place the words occur, for “the implementing acts referred to in” substitute “regulations made under”.

Amendment of Article 26 of Regulation (EU) No 2018/1139

105

(1) Article 26 (instructors and examiners) is amended as follows.

(2) In paragraph 1, for “the adoption of implementing acts referred to in” substitute “regulations made under”.

(3) In paragraphs 2 to 5, for “the implementing acts referred to in” substitute “regulations made under”.

Amendment of Article 27 of Regulation (EU) No 2018/1139

106

(1) Article 27 (implementing acts as regards training, testing, checking and medical assessment) is amended as follows.

(2) In the heading, for “Implementing acts” substitute “Regulations”.

(3) In paragraph 1—

(a) in the first subparagraph—

(i) omit “the uniform application of and”;

(ii) for “Commission” substitute “Secretary of State”;

(iii) for “adopt implementing acts” substitute “make regulations”;

(b) omit the second subparagraph.

(4) In paragraph 2, for the words from the start to “Commission”, substitute “When making those regulations, the Secretary of State”.

Amendment of Article 28 of Regulation (EU) No 2018/1139

107

In Article 28 (delegated powers), for the words from “the Commission” to “Article 128” substitute “Secretary of State may make regulations”.

Amendment of Article 30 of Regulation (EU) No 2018/1139

108

(1) Article 30 (aircraft operators) is amended as follows.

(2) In paragraph 1—

(a) for “territory to which the Treaties apply” substitute “United Kingdom”;

(b) for “the implementing acts referred to in” substitute “regulations made under”;

(3) In paragraphs 2 to 5, for “the implementing acts referred to in” substitute “regulations made under”.

(4) In paragraph 6—

(a) in the first place the words occur, for “Member States” substitute “The Secretary of State”;

(b) for “territory to which the Treaties apply” substitute “United Kingdom”;

(c) for the words from “that territory” to “carry” substitute “the United Kingdom but in a territory for which the United Kingdom carries”.

(5) In paragraph 7—

(a) for “the implementing acts referred to in” substitute “regulations made under”;

(b) for “the delegated act referred to in” substitute “regulations made under”.

Amendment of Article 31 of Regulation (EU) No 2018/1139

109

(1) Article 31 (implementing acts as regards air operations) is amended as follows.

(2) In the heading, for “Implementing acts” substitute “Regulations”.

(3) In paragraph 1—

(a) in the first subparagraph—

(i) omit “the uniform implementation of and”;

(ii) for “Commission” substitute “Secretary of State”;

(iii) for “adopt implementing acts” substitute “make regulations”;

(iv) in point (e), for “territory to which the Treaties apply” substitute “United Kingdom”;

(b) omit the second subparagraph.

(4) In paragraph 2, for the words from the start to “Commission”, substitute “When making regulations, the Secretary of State”.

Amendment of Article 32 of Regulation (EU) No 2018/1139

110

(1) Article 32 (delegated powers) is amended as follows.

(2) In paragraph 1—

(a) for the words from “Commission” to “Article 128”, substitute “Secretary of State may make regulations”;

(b) in point (b)—

(i) for “national competent authorities” substitute “the CAA”;

(ii) omit the words from “and the issuance” to the end.

(3) In paragraph 2, for the words from “Commission” to “Article 128” substitute “the Secretary of State may make regulations”.

Amendment of Article 34 of Regulation (EU) No 2018/1139

111

In Article 34 (aerodrome certification), in each place the words occur, for “implementing acts” substitute “regulations”.

Amendment of Article 35 of Regulation (EU) No 2018/1139

112

(1) Article 35 (safety related aerodrome equipment) is amended as follows.

(2) In paragraph 1—

(a) for “the implementing acts referred to in” substitute “regulations made under”;

(b) in point (a), for “implementing acts referred to in” substitute “regulations made under”.

(3) In paragraph 2, for “implementing acts referred to in” substitute “regulations made under”.

(4) In paragraphs 3 and 4, for “the implementing acts referred to in” substitute “regulations made under”.

Amendment of Article 36 of Regulation (EU) No 2018/1139

113

(1) Article 36 (implementing acts as regards aerodromes and safety-related aerodrome equipment) is amended as follows.

(2) In the heading, for “Implementing acts” substitute “Regulations”.

(3) In paragraph 1—

(a) in the first subparagraph—

(i) omit “the uniform implementation of and”;

(ii) for “Commission” substitute “Secretary of State”;

(iii) for “adopt implementing acts” substitute “make regulations”;

(iv) omit point (h);

(b) omit the second subparagraph.

(4) In paragraph 2, for the words from the start to “Commission”, substitute “When making regulations under subparagraph 1, the Secretary of State”.

Amendment of Article 37 of Regulation (EU) No 2018/1139

114

In Article 37 (organisations), for “the delegated acts referred to in” substitute “regulations made under”.

Amendment of Article 38 of Regulation (EU) No 2018/1139

115

(1) Article 38 (protection of aerodrome surroundings) is amended as follows.

(2) In paragraph 1—

(a) for “Member States” substitute “The Secretary of State and the CAA”;

(b) for “their territory” substitute “the United Kingdom”.

(3) In paragraph 2, for the words from “the competent authorities” to the end, substitute “the CAA”.

(4) In paragraph 3—

(a) for “Commission shall” substitute “Secretary of State may”;

(b) for “adopt implementing acts” substitute “make regulations”;

Amendment of Article 39 of Regulation (EU) No 2018/1139

116

(1) Article 39 (delegated powers) is amended as follows.

(2) In paragraph 1, for the words from “Commission” to “Article 128” substitute “Secretary of State may make regulations”.

(3) In paragraph 2, for the words from “Commission” to “Article 128,” substitute “Secretary of State may make regulations”.

Amendment of Article 40 of Regulation (EU) No 2018/1139

117

In Article 40 (essential requirements), in paragraph 2, for “the Single European Sky” substitute “United Kingdom”.

Amendment of Article 41 of Regulation (EU) No 2018/1139

118

(1) Article 41 (ATM/ANS providers) is amended as follows.

(2) In paragraphs 2, 3 and 4, for “the implementing acts referred to in” substitute “regulations made under”.

(3) In paragraph 5—

(a) for “the implementing acts referred to in” substitute “regulations made under”;

(b) for “Member States” substitute “the CAA”;

(4) In paragraph 6—

(a) in the first subparagraph—

(i) in the first place it occurs, for “Member States” substitute “the CAA”;

(ii) in point (a), for “Member States are” substitute “the United Kingdom is”;

(iii) in point (b), for “Member State granting the exemption” substitute “United Kingdom”;

(iv) in point (d), for “Member State concerned” substitute “CAA”;

(b) omit the second, third and fourth subparagraphs.

Amendment of Article 42 of Regulation (EU) No 2018/1139

119

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