The Single European Sky (Functions of the National Supervisory Authority) Regulations 2006

EXPLANATORY NOTE

(This note is not part of the Order)

The Single European Sky (National Supervisory Authority) Regulations 2004 (S.I. 2004/1958) (the 2004 Regulations) designated the Civil Aviation Authority (CAA) as the national supervisory authority for the purposes of performing the tasks assigned to such an authority under the measures listed in the Schedule to the 2004 Regulations. These Regulations confer on the CAA functions in addition to those tasks.

Regulation 3 specifies the CAA as the competent authority for the purpose of article 12(4) of Regulation (EC) No. 550/2004 of the European Parliament and of the Council on the provision of air navigation services in the single European sky (O.J. L 96, 31.3.2004, p 20). As such a competent authority the CAA shall have a right of access to the accounts of those providing air navigation services in UK airspace.

Regulation 4 confers on the CAA the functions of designating those providing, or those who wish to provide, air traffic services and meteorological services in the United Kingdom and its airspace. In addition, the CAA is to inform the European Commission and other member States of any designations of air traffic services or meteorological services it has made and to approve the working relationships between air navigation service providers. The functions to be performed by the CAA are those set out in Articles 8, 9 and 10 of Regulation (EC) No. 550/2004 of the European Parliament and of the Council on the provision of air navigation services in the single European sky (O.J. L 96, 31.3.2004, p 10) (“the service provision Regulation”).

Regulation 5 requires the CAA to recognise any certificate that has been issued by a member State to an air navigation service provider in accordance with Article 7 of the service provision Regulation.

Regulation 6 confers on the CAA the function of approving the establishment or modification of routes and sectors in upper airspace for which the UK is responsible.

By virtue of Regulation 7, when performing the functions conferred on it by these Regulations the CAA is subject to Regulation 3 of the 2004 Regulations, which requires the CAA to comply with article 4(2) of Regulation (EC) No. 549/2004 of the European Parliament and of the Council laying down the framework for the creation of the single European sky (O.J. L 96, 31.3.2004, p 1).

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