The Civil Aviation (Safety of Third-Country Aircraft) Regulations 2006

Explanatory Note

(This note is not part of the Regulations)

These Regulations make provision to comply with Directive 2004/36/CE of the European Parliament and of the Council of 21st April 2004 on the safety of aircraft from outside the Community using Community airports. The Directive makes provision for the performance of ramp inspections on such aircraft and also provides for the collection and retention of safety information.

Regulation 3 describes the aircraft to which the Regulations apply.

Regulation 4(a) requires the Secretary of State to ensure that aircraft to which the Regulations apply are subject to a ramp inspection. Article 8(3) of the Directive makes provision for the performance of ramp inspections or other measures in certain circumstances. Regulation 4(b) of the Regulations requires the Secretary of State to ensure that such specific inspections and measures are performed.

Regulation 5(1) of the Regulations permits the Secretary of State to authorise a person to perform a ramp inspection or carry out other surveillance measures. By virtue of regulation 5(2) of the Regulations an authorised person must carry out such an inspection or measures at the Secretary of State’s request or direction.

In determining whether a third-country aircraft is suspected of non-compliance with international safety standards the Secretary of State must take into account the matters set out in regulation 6.

Regulation 7 places an obligation on an authorised person to perform a ramp inspection in accordance with specified requirements.

Regulation 8 requires the Secretary of State to inform the operator of an aircraft and that operator’s regulatory authority that a ramp inspection has revealed significant safety deficiencies.

Regulation 9 provides for the collection and retention of safety-related information by the Secretary of State.

Regulations 10 and 11 provide for the use of ramp inspection reports and safety reports by the Secretary of State.

Regulation 12 places an obligation on the Secretary of State to provide certain types of information to the competent authorities in a Member State.

Regulation 13 provides that the Secretary of State may only disclose a ramp inspection report or safety report that he has received from the competent authority of another Member State to a limited category of people. Recipients of such information may not disclose it further.

Regulations 14 to 17 make amendments to the Air Navigation Order 2005, which provide for the detention by an authorised person of a third-country aircraft that does not comply with international safety standards (article 144A), the notification of the relevant competent authority (article 144B), and certain conditions under which a direction to detain such an aircraft may be revoked (article 144C). A penalty is also provided for the contravention of a direction to detain an aircraft. Appropriate definitions are also inserted. By virtue of articles 146 and 148 of and Schedule 14 to the Air Navigation Order 2005 it is an offence to obstruct a person performing duties under the Order and to contravene a direction given under the Order.

Regulation 18 provides for the powers of entry available to an authorised person for the purposes of these Regulations.

By virtue of article 144 of the Air Navigation Order 2005 the Civil Aviation Authority, or a person authorised by the Civil Aviation Authority, may inspect and ground aircraft (including those from Member States and third countries) when the aircraft is in a condition unfit for a flight. Accordingly, no provision has been made in these Regulations for carrying out spot-checks, as permitted by Article 4(2) of the Directive.

A full regulatory impact assessment has not been produced for this instrument as it has no impact on the costs of business.