The Operation of Air Services (Amendment etc.) (EU Exit) Regulations 2018

17.—(1) Article 16 is amended as follows.

(2) In paragraph 1—

(a) for the words from the beginning to “airports concerned” substitute “The Secretary of State, following consultation with the airports concerned, the Government of Gibraltar, if such an airport is located there,”;

(b) for the words from “the Community” to “on its territory”, substitute “the United Kingdom or Gibraltar and an airport serving either a peripheral or development region of the United Kingdom or Gibraltar, or on a thin route to any airport in the United Kingdom or Gibraltar,”; and

(c) after “airport serves” insert “or of Gibraltar”.

(3) In paragraph 2—

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

(b) for “Community air carrier” substitute “qualifying air carrier”.

(4) In paragraph 3—

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

(b) in point (a), after “concerned” insert “or, as the case may be, Gibraltar”.

(5) In paragraph 4—

(a) for the first subparagraph substitute—

“When the Secretary of State proposes to impose a public service obligation, the Secretary of State must in writing communicate the details of the envisaged public service obligation to—

(a) the airports concerned,

(b) the Government of Gibraltar, if such an airport is located there, and

(c) any qualifying air carriers operating the route in question.”; and

(b) in the second subparagraph—

(i) for the words from the beginning to “Union”, substitute “The Secretary of State must publish an information notice in the London, Edinburgh and Belfast Gazettes:”, and

(ii) in point (c), for “Member State concerned” substitute “Secretary of State”.

(6) Omit paragraph 5.

(7) In paragraphs 7 and 8, for “Community air carrier” substitute “qualifying air carrier”.

(8) In paragraph 9—

(a) for “Community air carrier”, in both places it occurs, substitute “qualifying air carrier”;

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

(c) omit the second subparagraph.

(9) In paragraph 10—

(a) for “Community air carrier” substitute “qualifying air carrier”; and

(b) for “a Member State may issue a single invitation to tender covering different routes” substitute “a single invitation to tender covering different routes may be issued”.

(10) In the first subparagraph of paragraph 12—

(a) for “Community air carrier”, in both places it occurs, substitute “qualifying air carrier”;

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

(c) in point (a), omit “by the Member State”; and

(d) in point (b), for “Community air carriers” substitute “qualifying air carriers”.

(11) Omit the second subparagraph of paragraph 12.