SCHEDULE 1Amendment of the Operation of Air Services in the Community Regulations 2009

Regulation 4

I11

The Operation of Air Services in the Community Regulations 2009 are amended as follows.

I22

In the title and in regulation 1 omit “in the Community”.

I33

In regulation 3—

a

in paragraph (1), after the definition of “the EC Regulation”, insert—

Official Record” means a document of that name published on the website of the CAA; and

b

in paragraph (2)—

i

for “ “Community air carrier”” substitute “ “UK air carrier” ”, and

ii

after “ “operating licence”,” insert “ “qualifying air carrier”, ”.

I44

In regulation 5—

a

the existing regulation becomes paragraph (1);

b

in that paragraph, for “, 14 and 15(3)” substitute “ and 14 ”; and

c

after that paragraph insert—

2

The CAA must publish annually in its Official Record a list of its decisions to grant, suspend or revoke operating licences.

I55

For regulation 8(1) substitute—

1

Where the CAA revokes or suspends an operating licence that it has granted on the application of the holder, unless otherwise specified by the CAA the revocation or suspension has effect on and from the day after the date on which the holder is notified of the decision.

I66

Omit regulation 9(2) and (3).

I77

In regulations 10(1) and 12 for “Community air carrier” substitute “ UK air carrier ”.

I88

Omit regulation 14.

I99

In regulation 17—

a

in paragraph (2)(c)—

i

after “registered in” insert “ the United Kingdom or ”, and

ii

before “Community air carrier” insert “ UK air carrier or a ”;

b

after paragraph (2) insert—

2A

In paragraph (2)(c), “Community air carrier” has the meaning given by Article 2(11) of Regulation (EC) 1008/2008M1 of the European Parliament and of the Council of 24th September 2008 on common rules for the operation of air services in the Community, as it has effect in EU law.

c

in paragraph (3), for the words from “Annex III” to the end, substitute “ Annex II of Commission Regulation (EU) No 965/2012 M2 of 5th October 2012 laying down technical requirements and administrative procedures related to air operations pursuant to Regulation (EC) No 216/2008 of the European Parliament and of the Council ”.

I1010

In regulation 18—

a

in paragraph (1), for “according to the decision of the Secretary of State under regulation 14”, substitute “ in the United Kingdom ”; and

b

in paragraph (2) for “Community air carrier” substitute “ UK air carrier ”.

I1111

Omit regulation 22.

I1212

In regulation 23—

a

in paragraph (1)—

i

for “Article 16, 17 or 18” substitute “ Article 16 or 17 ”,

ii

in sub-paragraph (b) omit “EU”, and

iii

for “Community air carriers” substitute “ qualifying air carriers ”;

b

in paragraph (2), for “Community air carrier” substitute “ qualifying air carrier ”; and

c

in paragraph (5)(a), for “Article 16, 17 or 18” substitute “ Article 16 or 17 ”.

I1313

In regulation 24 for “Community air carrier” substitute “ qualifying air carrier ”.

I1414

In regulation 25—

F1a

for “Community air carrier” substitute “qualifying air carrier”;

b

in sub-paragraph (a), omit “or between the United Kingdom and another Member State”; and

c

omit sub-paragraph (b).

I1515

Omit regulations 26 and 27.

I1616

In Schedule 2—

a

for paragraph 1 substitute—

1

When the CAA provides to a person having a right of appeal written notification of its decision to refuse, revoke or suspend an operating licence, the notification must specify the date on which the decision takes effect.

b

in paragraph 9, for “the Official Journal of the European Union” substitute “ its Official Record ”.

17

In Schedule 4, paragraph 1(1), in the definition of “lease approval”, for paragraph (b) substitute—

b

under ARO.OPS.110 of Annex II of Commission Regulation (EU) No 965/2012 of 5th October 2012 laying down technical requirements and administrative procedures related to air operations pursuant to Regulation (EC) No 216/2008 of the European Parliament and of the Council.