The Air Traffic Management (Amendment etc.) (EU Exit) Regulations 2019

Statutory Instruments

2019 No. 459

Exiting The European Union

Civil Aviation

The Air Traffic Management (Amendment etc.) (EU Exit) Regulations 2019

Made

27th February 2019

Coming into force in accordance with regulation 1

The Secretary of State makes these Regulations in exercise of the powers conferred by sections 8(1) and 23(1) of, and paragraph 21 of Schedule 7 to, the European Union (Withdrawal) Act 2018(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.—(1) These Regulations may be cited as the Air Traffic Management (Amendment etc.) (EU Exit) Regulations 2019.

(2) These Regulations come into force on exit day.

PART 2 Amendment and revocation of retained direct principal EU legislation

CHAPTER 1 Amendment of Regulation (EC) No 549/2004

Regulation (EC) No 549/2004: introduction

2.  Regulation (EC) No 549/2004 of the European Parliament and of the Council of 10 March 2004 laying down the framework for the creation of the single European sky (the framework Regulation) is amended in accordance with regulations 3 to 18.

Article 1 of Regulation (EC) No 549/2004

3.—(1) Article 1 (objective and scope) is amended as follows.

(2) In the heading, for “Objective and scope” substitute “Scope”.

(3) Omit paragraph 1.

(4) In paragraph 2—

(a) for “Member States’” substitute “the United Kingdom’s”,

(b) for “their” substitute “its”, and

(c) omit “of the Member States”.

(5) In paragraph 3—

(a) in the first sentence, for “Member States” substitute “the United Kingdom”, and

(b) omit the second sentence.

(6) Omit paragraph 4.

Article 2 of Regulation (EC) No 549/2004

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

(2) After point 14 insert—

“14.— (a) ‘the CAA’ means the Civil Aviation Authority;”.

(3) In point 15 (certificate) for “a national supervisory authority in any form complying with national law,” substitute “the national supervisory authority”.

(4) In point 17 (European air traffic management network)—

(a) after “collection of” insert “relevant”,

(b) omit the words beginning with “listed” and ending with “(the interoperability Regulation)”, and

(c) at the end insert—

“For these purposes relevant systems are:

(a) systems and procedures for airspace management,

(b) systems and procedures for air traffic flow management,

(c) systems and procedures for air traffic services, in particular flight data processing systems, surveillance data processing systems and human-machine interface systems,

(d) communications systems and procedures for ground-to-ground, air-to-ground and air-to-air communications,

(e) navigation systems and procedures,

(f) surveillance systems and procedures,

(g) systems and procedures for aeronautical information services, and

(h) systems and procedures for the use of meteorological information;”.

(5) In point 18 (concept of operation) for “EATMN” substitute “UK ATMS”.

(6) In point 19 (constituents) after “of the” insert “UK ATMS with the”.

(7) In point 28 (interoperability)—

(a) for “EATMN” substitute “UK ATMS”, and

(b) after “efficient operation” insert “in relation to the EATMN”.

(8) In point 32 (procedure) after “throughout” insert “the UK ATMS and in relation to”.

(9) In point 36 (seamless operation)—

(a) after “operation of” insert “the UK ATMS in relation to”, and

(b) for “it functions as if it” substitute “the UK ATMS functions as if it and the EATMN”.

(10) After point 39 (system) insert—

“39.— (a) ‘United Kingdom air traffic management system’ or ‘UK ATMS’ means the collection of relevant systems enabling air navigation services in the United Kingdom to be provided, including the interfaces at boundaries with other countries and territories. For these purposes relevant systems are:

(a) systems and procedures for airspace management,

(b) systems and procedures for air traffic flow management,

(c) systems and procedures for air traffic services, in particular flight data processing systems, surveillance data processing systems and human-machine interface systems,

(d) communications systems and procedures for ground-to-ground, air-to-ground and air-to-air communications,

(e) navigation systems and procedures,

(f) surveillance systems and procedures,

(g) systems and procedures for aeronautical information services, and

(h) systems and procedures for the use of meteorological information;”.

(11) In point 41 (cross-border services)—

(a) for “one Member State” substitute “the United Kingdom”, and

(b) for “another” substitute “a”.

Article 3 of Regulation (EC) No 549/2004

5.—(1) Article 3 (fields for action by the Community) is amended as follows.

(2) In the heading omit “by the Community”.

(3) In paragraph 1—

(a) in the words before point (a) omit “for the creation of the single European sky”,

(b) in the words after point (c), after “adopted” insert “before exit day”,

(c) in those words for “regulations” substitute “Regulations”, and

(d) at the end of those words insert “as well as with the regulations made on or after exit day by the Secretary of State under any of the Regulations referred to in this Article.”.

Article 4 of Regulation (EC) No 549/2004

6.—(1) Article 4 (national supervisory authorities) is amended as follows.

(2) In the heading for “authorities” substitute “authority”.

(3) In paragraph 1—

(a) for “Member States” substitute “The Secretary of State”,

(b) omit “, jointly or individually,”, and

(c) for “their” substitute “the”.

(4) In paragraph 2 for “authorities”, in both places it occurs, substitute “authority”.

(5) In paragraph 3—

(a) for “National supervisory authorities” substitute “The national supervisory authority”,

(b) for “their” substitute “its”,

(c) after “powers” insert “under this Regulation and under the measures referred to in Article 3”, and

(d) omit the words from “This shall be” to the end of the paragraph.

(6) In paragraph 4—

(a) for “Member States” substitute “The national supervisory authority”,

(b) for “national supervisory authorities have” substitute “it has”,

(c) for “them” substitute “it”, and

(d) after “Regulation” insert “and under the measures referred to in Article 3”.

(7) Omit paragraph 5.

Article 5 of Regulation (EC) No 549/2004

7.  Omit Article 5 (Committee procedure).

Article 6 of Regulation (EC) No 549/2004

8.  Omit Article 6 (industry consultation body).

Article 7 of Regulation (EC) No 549/2004

9.  Omit Article 7 (relations with European third countries).

Article 8 of Regulation (EC) No 549/2004

10.  Omit Article 8 (implementing rules).

Article 9 of Regulation (EC) No 549/2004

11.  Omit Article 9 (penalties).

Article 10 of Regulation (EC) No 549/2004

12.  Omit Article 10 (consultation of stakeholders).

Article 11 of Regulation (EC) No 549/2004

13.  Omit Article 11 (performance scheme).

Article 12 of Regulation (EC) No 549/2004

14.—(1) Article 12 (supervision, monitoring and methods of impact assessment) is amended as follows.

(2) In the heading for “Supervision, monitoring and methods of impact assessment” substitute “Review”.

(3) Omit paragraph 1.

(4) In paragraph 2—

(a) for “The Commission” substitute “The Secretary of State”, and

(b) omit the words beginning with “, and shall firstly” to the end of the paragraph.

(5) Omit paragraph 3.

(6) In paragraph 4—

(a) for “The reports shall contain” substitute “The review must include”,

(b) after “Regulation” insert “and to the measures referred to in Article 3”, and

(c) omit “, in the light of the original objectives”.

Article 13 of Regulation (EC) No 549/2004

15.—(1) Article 13 (safeguards) is amended as follows.

(2) In the first paragraph—

(a) after “Regulation” insert “and the measures referred to in Article 3”, and

(b) omit “by a Member State”.

(3) In the first indent for “its responsibility” substitute “the responsibility of the United Kingdom”.

(4) In the fourth indent for “a Member State’s” substitute “the United Kingdom’s”.

Article 13a of Regulation (EC) No 549/2004

16.  Omit Article 13a (European Aviation Safety Agency).

Article 14 of Regulation (EC) No 549/2004

17.  Omit Article 14 (entry into force).

Further amendment of Regulation (EC) No 549/2004

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

CHAPTER 2 Amendment of Regulation (EC) No 550/2004

Regulation (EC) No 550/2004: introduction

19.  Regulation (EC) No 550/2004 of the European Parliament and of the Council of 10 March 2004 on the provision of air navigation services in the single European sky (the service provision Regulation) is amended in accordance with regulations 20 to 44.

Article 1 of Regulation (EC) No 550/2004

20.  In Article 1 (scope and objective), in paragraph 1—

(a) for “in the single European sky” substitute “which form part of the UK ATMS”, and

(b) for “the Community” substitute “the airspace under the responsibility of the United Kingdom”.

Article 2 of Regulation (EC) No 550/2004

21.—(1) Article 2 (tasks of the national supervisory authorities) is amended as follows.

(2) In the heading for “authorities” substitute “authority”.

(3) In paragraph 1—

(a) for “authorities” substitute “authority”, and

(b) for the words from “Member” to the end of the paragraph substitute “United Kingdom”.

(4) In paragraph 2 for “each” substitute “the”.

(5) Omit paragraphs 3 to 6.

Article 3 of Regulation (EC) No 550/2004

22.—(1) Article 3 (qualified entities) is amended as follows.

(2) In paragraph 1 for “National supervisory authorities” substitute “The national supervisory authority”.

(3) In paragraph 2—

(a) for “a national” substitute “the national”,

(b) omit “within the Community”, and

(c) omit the second sentence.

Article 4 of Regulation (EC) No 550/2004

23.  Omit Article 4 (safety requirements).

Article 6 of Regulation (EC) No 550/2004

24.—(1) Article 6 (common requirements) is amended as follows.

(2) The single paragraph becomes paragraph 1.

(3) In that paragraph, for the first sentence substitute “The Secretary of State may by regulations made by statutory instrument prescribe common requirements for the provision of air navigation services in the airspace under the responsibility of the United Kingdom.”.

(4) After that paragraph insert—

“2.   Regulations under paragraph 1—

(a) may make different provision for different purposes;

(b) may make transitional, transitory or saving provision;

(c) may make consequential, incidental or supplementary provision.

3.   A statutory instrument containing regulations under paragraph 1 is subject to annulment in pursuance of a resolution of either House of Parliament..”.

Article 7 of Regulation (EC) No 550/2004

25.—(1) Article 7 (certification of air navigation service providers) is amended as follows.

(2) In paragraph 1—

(a) for “within the Community” substitute “in the airspace under the responsibility of the United Kingdom”, and

(b) for “Member States” substitute “the national supervisory authority”.

(3) In paragraph 2 omit the words from “of the” to the end of the paragraph.

(4) In paragraph 3 for “National supervisory authorities” substitute “The national supervisory authority”.

(5) In paragraph 5—

(a) for “Member States” substitute “the national supervisory authority”,

(b) for “their responsibility” substitute “the responsibility of the United Kingdom”, and

(c) omit the second sentence.

(6) Omit paragraph 6.

(7) In paragraph 7—

(a) for “National supervisory authorities” substitute “The national supervisory authority”,

(b) omit the second sentence, and

(c) for “a national” substitute “the national”.

(8) For paragraph 8 substitute—

“8.   Any certificate issued before exit day in a Member State in accordance with Article 7 of Regulation (EC) No 550/2004(2) which continues to be in force or effective on or after exit day by virtue of Part 3 of Schedule 8 to the European Union (Withdrawal) Act 2018 is:

(a) to continue to be in force or effective on and after exit day for the remainder of its validity period up to a maximum of 2 years (subject to any earlier suspension or cancellation by the national supervisory authority); and

(b) for the purposes of this Regulation and the other measures referred to in Article 3 of the framework Regulation, to be treated as if it was issued by the national supervisory authority in accordance with this Article.”.

(9) Omit paragraph 9.

Article 8 of Regulation (EC) No 550/2004

26.—(1) Article 8 (designation of air traffic service providers) is amended as follows.

(2) In paragraph 1—

(a) for “Member States”, in the first place those words occur, substitute “The national supervisory authority”,

(b) for “their responsibility” substitute “the responsibility of the United Kingdom”,

(c) for “Member States”, in the second place those words occur, substitute “the national supervisory authority”, and

(d) for “in the Community” substitute “issued in accordance with Article 7”.

(3) Omit paragraph 2.

(4) In paragraph 3—

(a) for “Member States” substitute “The national supervisory authority”, and

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

(5) In paragraph 4 for “Member States” substitute “The national supervisory authority”.

(6) Omit paragraphs 5 and 6.

Article 9 of Regulation (EC) No 550/2004

27.—(1) Article 9 (designation of providers of meteorological services) is amended as follows.

(2) In paragraph 1—

(a) for “Member States” substitute “The national supervisory authority”, and

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

(3) Omit paragraph 2.

Article 9a of Regulation (EC) No 550/2004

28.  Omit Article 9a (functional airspace blocks).

Article 9b of Regulation (EC) No 550/2004

29.  Omit Article 9b (functional airspace blocks system coordinator).

Article 10 of Regulation (EC) No 550/2004

30.—(1) Article 10 (relations between service providers) is amended as follows.

(2) In paragraph 1 for “in the Community” substitute “in accordance with Article 7”.

(3) In paragraph 2 omit “or authorities concerned”.

(4) In paragraph 3—

(a) for “Member States concerned”, in both places those words occur, substitute “the national supervisory authority”, and

(b) for “they have” substitute “it has”.

Article 11 of Regulation (EC) No 550/2004

31.  Omit Article 11 (relations with military authorities).

Article 12 of Regulation (EC) No 550/2004

32.—(1) Article 12 (transparency of accounts) is amended as follows.

(2) In paragraph 1 for “the international accounting standards adopted by the Community” substitute “international accounting standards within the meaning of Regulation (EC) No 1606/2002 of the European Parliament and of the Council of 19 July 2002 on the application of international accounting standards (see Article 2 of that Regulation)”.

(3) In paragraph 3 omit the words beginning with “, broken down” and ending with “Article 14”.

(4) In paragraph 4—

(a) for “Member States shall designate the competent authorities that” substitute “The national supervisory authority”, and

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

(5) Omit paragraph 5.

Article 13 of Regulation (EC) No 550/2004

33.  In Article 13 (access to and protection of data), in paragraph 3—

(a) for “National supervisory authorities” substitute “The national supervisory authority”, and

(b) omit the third sentence.

Article 14 of Regulation (EC) No 550/2004

34.  Omit Article 14 (charging schemes: general).

Article 15 of Regulation (EC) No 550/2004

35.  Omit Article 15 (charging schemes: principles).

Article 15a of Regulation (EC) No 550/2004

36.  For Article 15a (common projects) substitute—

“Article 15a Common projects

1.   The Secretary of State may by regulations made by statutory instrument make provision imposing on any person a requirement derived from a common project within the meaning of Article 15a of Regulation (EC) No 550/2004 of the European Parliament and of the Council of 10 March 2004 on the provision of air navigation services in the single European sky, as that Regulation has effect in EU law as amended from time to time(3).

2.   Regulations under paragraph 1—

(a) may make different provision for different purposes;

(b) may make transitional, transitory or saving provision;

(c) may make consequential, incidental or supplementary provision.

3.   A statutory instrument containing regulations under paragraph 1 is subject to annulment in pursuance of a resolution of either House of Parliament.”.

Article 16 of Regulation (EC) No 550/2004

37.  Omit Article 16 (review of compliance).

Article 17 of Regulation (EC) No 550/2004

38.  For Article 17 (revision of annexes) substitute—

“Article 17 Revision of Annexes

1.   The Secretary of State may by regulations made by statutory instrument amend Annex 1 or 2.

2.   Regulations under paragraph 1—

(a) may make different provision for different purposes;

(b) may make transitional, transitory or saving provision;

(c) may make consequential, incidental or supplementary provision.

3.   A statutory instrument containing regulations under paragraph 1 is subject to annulment in pursuance of a resolution of either House of Parliament.”.

Article 18 of Regulation (EC) No 550/2004

39.—(1) Article 18 (confidentiality) is amended as follows.

(2) In paragraph 1—

(a) for “authorities, acting in accordance with their national legislation” substitute “authority”, and

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

(3) In paragraph 2—

(a) for “national supervisory authorities” substitute “the national supervisory authority”, and

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

(4) Omit paragraph 3.

Article 18a of Regulation (EC) No 550/2004

40.  Omit Article 18a (review).

Article 19 of Regulation (EC) No 550/2004

41.  Omit Article 19 (entry into force).

Further amendment of Regulation (EC) No 550/2004

42.  After Article 19 omit the sentence which begins “This Regulation shall be binding”.

Annex 1 to Regulation (EC) No 550/2004

43.  In Annex 1 (requirements for qualified entities)—

(a) in the sixth indent omit “concerned”, and

(b) in the ninth indent omit the words from “recognised” to the end.

Annex 2 to Regulation (EC) No 550/2004

44.  In Annex 2 (conditions to be attached to certificates) omit point 1(a).

CHAPTER 3 Amendment of Regulation (EC) No 551/2004

Regulation (EC) No 551/2004: introduction

45.  Regulation (EC) No 551/2004 of the European Parliament and of the Council of 10 March 2004 on the organisation and use of the airspace in the single European sky (the airspace Regulation) is amended in accordance with regulations 46 to 55.

Article 1 of Regulation (EC) No 551/2004

46.—(1) Article 1 (objective and scope) is amended as follows.

(2) In paragraph 1—

(a) for “in the Single European Sky” substitute “under the responsibility of the United Kingdom”, and

(b) omit the words from “support” to “and to”.

(3) In paragraph 3—

(a) for “and AFI regions where Member States are” substitute “region where the United Kingdom is”, and

(b) omit the second sentence.

(4) Omit paragraph 4.

Article 3 of Regulation (EC) No 551/2004

47.  Omit Article 3 (European Upper Flight Information Region).

Article 3a of Regulation (EC) No 551/2004

48.—(1) Article 3a (electronic aeronautical information) is amended as follows.

(2) In paragraph 1 for the words beginning with “Without” and ending with “cooperation” substitute “The national supervisory authority, working in consultation”.

(3) In paragraph 2—

(a) in the opening words for “Commission” substitute “national supervisory authority”,

(b) in point (a) for “ensure the development of a Community wide” substitute “contribute to the development of an”, and

(c) in point (b) for “close cooperation” substitute “consultation”.

(4) Omit paragraph 3.

Article 4 of Regulation (EC) No 551/2004

49.—(1) Article 4 (rules of the air and airspace classification) is amended as follows.

(2) The unnumbered paragraph becomes paragraph 1.

(3) In that paragraph, for the words before point (a) substitute—

“1.   The Secretary of State may by regulations made by statutory instrument make provision to:”

(4) In point (b) omit the words from “, in order” to the end.

(5) At the end insert—

“2.   Regulations under paragraph 1—

(a) may make different provision for different purposes;

(b) may make transitional, transitory or saving provision;

(c) may make consequential, incidental or supplementary provision.

3.   A statutory instrument containing regulations under paragraph 1 is subject to annulment in pursuance of a resolution of either House of Parliament..”.

Article 6 of Regulation (EC) No 551/2004

50.—(1) Article 6 (network management and design) is amended as follows.

(2) For paragraphs 1 to 5 substitute—

“1.   The Secretary of State may by regulations made by statutory instrument make provision imposing requirements on any person in connection with the exercise by any person of the air traffic management (ATM) network functions.

2.   The air traffic management (ATM) network functions are—

(a) the functions described in Article 6(2) of Regulation (EC) No 551/2004, as that regulation has effect in EU law as amended from time to time(4),

(b) additional functions added to that list in accordance with Article 6(3) of that Regulation as it has effect in EU law as amended from time to time, and

(c) functions under implementing rules adopted under Article 6(4) of that Regulation as it has, and as those rules have, effect in EU law as amended from time to time.”.

(3) In paragraph 6 for “Member States” substitute “The Secretary of State”.

(4) In paragraph 7—

(a) for “Implementing rules for” substitute “The Secretary of State may by regulations made by statutory instrument make provision about”,

(b) omit the words beginning with “shall be developed” and ending with “Article 5(3) of the framework Regulation,”, and

(c) for “These rules” substitute “Regulations under this paragraph”.

(5) In paragraph 8 for “The implementing rules for air traffic flow management” substitute “Regulations under paragraph 7”.

(6) In paragraph 9 for “the implementing rules the Commission” substitute “regulations under paragraph 7 the Secretary of State”.

(7) At the end insert—

“10.   Regulations under paragraph 1 or 7—

(a) may make different provision for different purposes;

(b) may make transitional, transitory or saving provision;

(c) may make consequential, incidental or supplementary provision.

11.   A statutory instrument containing regulations under paragraph 1 or 7 is subject to annulment in pursuance of a resolution of either House of Parliament.”.

Article 7 of Regulation (EC) No 551/2004

51.—(1) Article 7 (flexible use of airspace) is amended as follows.

(2) In paragraph 1—

(a) for “their responsibility” substitute “the responsibility of the Secretary of State”,

(b) for “Member States” substitute “the persons mentioned in paragraph 1A”,

(c) for “Single European Sky” substitute “UK ATMS”, and

(d) omit “in the context of the common transport policy”.

(3) After that paragraph insert—

“1A.   Those persons are:

(a) any air navigation service provider,

(b) the national supervisory authority, and

(c) the Secretary of State.”.

(4) In paragraph 2—

(a) for “Member States” substitute “The national supervisory authority”,

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

(c) omit “, in the context of the common transport policy,”, and

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

(5) For paragraph 3 substitute—

“3.   The Secretary of State may by regulations made by statutory instrument make provision about the flexible use of airspace.

4.   When making regulations under paragraph 3 the Secretary of State must have regard to the reports mentioned in paragraph 2.

5.   Regulations under paragraph 3—

(a) may make different provision for different purposes;

(b) may make transitional, transitory or saving provision;

(c) may make consequential, incidental or supplementary provision.

6.   A statutory instrument containing regulations under paragraph 3 is subject to annulment in pursuance of a resolution of either House of Parliament..”.

Article 8 of Regulation (EC) No 551/2004

52.  For Article 8 (temporary suspension) substitute—

“Article 8 Disapplication of Article 7

Article 7(1) does not apply if and to the extent that it gives rise to significant operational difficulties.”.

Article 10 of Regulation (EC) No 551/2004

53.  Omit Article 10 (review).

Article 10 of Regulation (EC) No 551/2004

54.  Omit Article 11 (entry into force).

Further amendment of Regulation (EC) No 551/2004

55.  After Article 11 omit the sentence which begins “This Regulation shall be binding”.

CHAPTER 4 Amendment of Regulation (EC) No 552/2004

Regulation (EC) No 552/2004: introduction

56.  Regulation (EC) No 552/2004 of the European Parliament and of the Council of 10 March 2004 on the interoperability of the European Air Traffic Management network (the interoperability Regulation) is amended in accordance with regulations 57 to 63.

Article 4 of Regulation (EC) No 552/2004

57.—(1) Article 4 (community specifications) is amended as follows.

(2) In paragraph 1—

(a) for the words before point (a) substitute “In this Regulation and the other measures referred to in Article 3 of the framework Regulation, “Community specifications” means:”, and

(b) in point (b), for “the framework Regulation” substitute “Regulation (EC) No 549/2004 of the European Parliament and of the Council of 10 March 2004 laying down the framework for the creation of the single European sky, as that Regulation has effect in EU law as amended from time to time(5)”.

(3) Omit paragraphs 3 and 4.

(4) In paragraph 5—

(a) for “a Member State or the Commission” substitute “the Secretary of State”, and

(b) for the words beginning with “which” to the end of the paragraph substitute “to which the said Community specification relates, the Secretary of State may direct that paragraph 2 does not apply in relation to the specification. Accordingly, compliance with the essential requirements and/or the implementing rules for interoperability must not be presumed for systems, together with the associated procedures, or constituents that meet the specification.”.

(5) After paragraph (5) insert—

“5A.   As soon as possible after making a direction under paragraph 5 the Secretary of State must publish the direction in a way that the Secretary of State considers is likely to bring it to the attention of persons likely to be interested in it..”.

(6) Omit paragraphs 6 and 7.

Article 5 of Regulation (EC) No 552/2004

58.—(1) Article 5 (declaration of conformity or suitability for use of constituents) is amended as follows.

(2) In the heading for “EC declaration” substitute “Declaration”.

(3) In paragraph 1 for “an EC” substitute “a”.

(4) In paragraph 2—

(a) after “, or” insert “if the manufacturer is not established in the United Kingdom,”,

(b) for “Community” substitute “United Kingdom”, and

(c) omit “EC”.

(5) In paragraph 3 omit “EC”.

(6) After paragraph 3 insert—

“3A.   Paragraph 3B applies in relation to an EC declaration of conformity or suitability for use made before exit day in accordance with Article 5 of Regulation (EC) No 552/2204(6) which continues to be in force or effective on or after exit day by virtue of Part 3 of Schedule 8 to the European Union (Withdrawal) Act 2018.

3B.   The declaration is, for the purposes of this Regulation and the other measures referred to in Article 3 of the framework Regulation, to be treated as a declaration made in accordance with this Article by a manufacturer established in the United Kingdom.”.

(7) In paragraph 4 for “notified bodies referred to in Article 8” substitute “bodies appointed to carry out those tasks”.

Article 6 of Regulation (EC) No 552/2004

59.—(1) Article 6 (declaration of verification of systems) is amended as follows.

(2) In the heading for “EC declaration” substitute “Declaration”.

(3) In paragraph 1—

(a) for “an EC” substitute “a”, and

(b) omit “, when integrated into the EATMN”.

(4) In paragraph 2 for “an EC” substitute “a”.

(5) After paragraph 2 insert—

“2A.   Paragraph 2B applies in relation to an EC declaration of verification submitted to the national supervisory authority of a Member State before exit day in accordance with Article 6 of Regulation (EC) No 552/2004(7) which continues to be in force or effective on or after exit day by virtue of Part 3 of Schedule 8 to the European Union (Withdrawal) Act 2018.

2B.   The declaration is, for the purposes of this Regulation and the other measures referred to in Article 3 of the framework Regulation, to be treated as a declaration submitted to the national supervisory authority in accordance with this Article.”.

(6) In paragraph 3 for “notified bodies as referred to in Article 8” substitute “bodies appointed to carry out those tasks”.

(7) In paragraph 4 omit “EC”.

Article 6a of Regulation (EC) No 552/2004

60.  In Article 6a (alternative verification of compliance) omit “EC” in the second and third places it occurs.

Article 7 of Regulation (EC) No 552/2004

61.—(1) Article 7 (safeguards) is amended as follows.

(2) In paragraph 1—

(a) in sub-paragraph (a) for “an EC” substitute “a”, and

(b) in sub-paragraph (b) omit “EC”.

(3) Omit paragraphs 2 to 6.

Annex 3 to Regulation (EC) No 552/2004

62.—(1) Annex 3 (constituents) is amended as follows.

(2) Omit “EC” in each place it occurs.

(3) For “declaration”, in the first place it occurs, substitute “Declaration”.

(4) In point 1—

(a) for “will be” substitute “are”, and

(b) omit “in accordance with the provisions of Article 3 of this Regulation”.

(5) In point 2—

(a) for “notified” substitute “appointed”, and

(b) for “93/465/EC” substitute “768/2008/EC”.

(6) In point 3—

(a) in the second indent—

(i) after “manufacturer or” insert “, if the manufacturer is not established in the United Kingdom,”, and

(ii) for “Community” substitute “United Kingdom”,

(b) in the sixth indent for “notified” substitute “appointed”, and

(c) in the eight indent—

(i) after “manufacturer or” insert “, if the manufacturer is not established in the United Kingdom,”, and

(ii) for “Community” substitute “United Kingdom”.

Annex 4 to Regulation (EC) No 552/2004

63.—(1) Annex 4 (systems) is amended as follows.

(2) Omit “EC” in each place it occurs.

(3) For “declaration”, in the first place it occurs, substitute “Declaration”.

(4) In point 1, in the fifth indent for “notified” substitute “appointed”.

(5) In point 2—

(a) for “a notified” substitute “an appointed”, and

(b) for “the notified” substitute “the appointed”.

(6) In point 3—

(a) in the second indent for “as referred to in Article 3 of this Regulation” substitute “identified in the relevant implementing rules for interoperability”,

(b) in the third indent for “notified” substitute “appointed”, and

(c) in each of the fourth and fifth indents for “a notified” substitute “an appointed”.

(7) In point 4 omit the last sentence.

CHAPTER 5 Revocation of Council Regulation (EC) No 219/2007

Council Regulation (EC) No 219/2007

64.  Council Regulation (EC) No 219/2007 of 27 February 2007 on the establishment of a Joint Undertaking to develop the new generation European air traffic management system (SESAR) is revoked.

CHAPTER 6 Amendment of Commission Regulation (EC) No 482/2008

Commission Regulation (EC) No 482/2008: introduction

65.  Commission Regulation (EC) No 482/2008 of 30 May 2008 establishing a software safety assurance system to be implemented by air navigation service providers and amending Annex II to Regulation (EC) No 2096/2005 is amended in accordance with regulations 66 to 73.

Article 2 of Commission Regulation (EC) No 482/2008

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

(2) In point 12 for “European air traffic management network (EATMN)” substitute “United Kingdom air traffic management system (UK ATMS)”.

(3) In each of points 13, 14 and 28 for “EATMN”, in each place it occurs, substitute “UK ATMS”.

Article 3 of Commission Regulation (EC) No 482/2008

67.—(1) Article 3 (general safety requirements) is amended as follows.

(2) In paragraph 1—

(a) omit “Community or national”, and

(b) for “EATMN” substitute “UK ATMS”.

(3) In paragraph 2, in point (d) for “EATMN” substitute “UK ATMS”.

(4) In paragraph 3 for “national supervisory authority” substitute “CAA”.

Article 4 of Commission Regulation (EC) No 482/2008

68.  In Article 4 (requirements applying to the software safety assurance system), in each of points 2, 4(b) and 5 for “EATMN” substitute “UK ATMS”.

Article 5 of Commission Regulation (EC) No 482/2008

69.—(1) Article 5 (requirements applying to changes to software and to specific software) is amended as follows.

(2) In paragraph 1 for “national supervisory authority” substitute “CAA”.

(3) In paragraph 2—

(a) for “national supervisory authority” substitute “CAA”, and

(b) omit “or a notified body”.

Article 7 of Commission Regulation (EC) No 482/2008

70.  In Article 7 (entry into force) omit the second and third unnumbered paragraph.

Further amendment of Commission Regulation (EC) No 482/2008

71.  After Article 7 omit the sentence which begins “This Regulation shall be binding”.

Annex 1 to Commission Regulation (EC) No 482/2008

72.  In Annex 1 (requirements applying to the software assurance level referred to in Article 4(2)), in each of points 1 and 3 for “EATMN” substitute “UK ATMS”.

Annex 2 to Commission Regulation (EC) No 482/2008

73.—(1) Annex 2 is amended as follows.

(2) In Part A (requirements applying to the software safety requirements validity assurance referred to in Article 4(3)(a)), in point 1 for “EATMN” substitute “UK ATMS”.

(3) In Part B (requirements applying to the software verification assurance referred to in Article 4(3)(b))—

(a) in point 1 for “EATMN” substitute “UK ATMS”,

(b) in point 2—

(i) for “EATMN” substitute “UK ATMS”, and

(ii) for “national supervisory authority” substitute “CAA”, and

(c) in point 3 for “EATMN” substitute “UK ATMS”.

(4) In Part C (requirements applying to the software configuration management assurances referred to in Article 4(3)(c)), in each of paragraphs 1 and 3 for “EATMN” substitute “UK ATMS”.

CHAPTER 7 Revocation of Council Regulation (EC) No 1361/2008

Council Regulation (EC) No 1361/2008

74.  Council Regulation (EC) No 1361/2008 of 16 December 2008 amending Regulation (EC) No 219/2007 on the establishment of a Joint Undertaking to develop the new generation European air traffic management system (SESAR) is revoked.

CHAPTER 8 Amendment of Regulation (EC) No 1070/2009

Regulation (EC) No 1070/2009: introduction

75.  Regulation (EC) No 1070/2009 of the European Parliament and of the Council of 21 October 2009 amending Regulations (EC) No 549/2004, (EC) No 550/2004, (EC) No 551/2004 and (EC) No 552/2004 in order to improve the performance and sustainability of the European aviation system is amended in accordance with regulations 76 to 81.

Article 1 of Regulation (EC) No 1070/2009

76.  In Article 1 omit—

(a) paragraph 4 (which substitutes a new Article 5(4) for Article 5(4) of Regulation (EC) No 549/2004),

(b) paragraph 5 (which substitutes new Articles 6 to 11 for Articles 6 to 11 of that Regulation), and

(c) paragraph 7 (which inserts Article 13a of that Regulation).

Article 2 of Regulation (EC) No 1070/2009

77.  In Article 2 omit—

(a) paragraph 5 (which inserts Articles 9a and 9b into Regulation (EC) No 550/2004),

(b) paragraph 6 (which substitutes a new Article 11 for Article 11 of that Regulation),

(c) paragraph 8 (which substitutes a new Article 14 for Article 14 of that Regulation),

(d) paragraph 9 (which substitutes a new Article 15 for Article 15 of that Regulation), and

(e) paragraph 12 (which inserts Article 18a into that Regulation).

Article 3 of Regulation (EC) No 1070/2009

78.  In Article 3 omit paragraph 2 (which substitutes a new Article 3 for Article 3 of Regulation (EC) No 551/2004).

Article 4 of Regulation (EC) No 1070/2009

79.  In Article 4 omit—

(a) paragraph 2 (which substitutes a new Article 9 for Article 9 of Regulation (EC) No 552/2004),

(b) paragraph 3 (which inserts a new paragraph 2a of Article 10 of that Regulation), and

(c) paragraph 4 (which amends Annex 2 to that Regulation).

Article 4 of Regulation (EC) No 1070/2009

80.  Omit Article 5 (entry into force).

Further amendment of Regulation (EC) No 1070/2009

81.  After Article 5 omit the sentence which begins “This Regulation shall be binding”.

CHAPTER 9 Revocation of Council Regulation (EU) No 721/2014

Council Regulation (EU) No 721/2014

82.  Council Regulation (EU) No 721/2014 of 16 June 2014 amending Regulation (EC) No 219/2007 on the establishment of a Joint Undertaking to develop the new generation European air traffic management system (SESAR) as regards the extension of the Joint Undertaking until 2024 is revoked.

PART 3 Amendment and revocation of retained direct minor EU legislation

CHAPTER 1 Amendment of Commission Regulation (EC) No 2150/2005

Regulation (EC) No 2150/2005: introduction

83.  Commission Regulation (EC) No 2150/2005 of 23 December 2005 laying down common rules for the flexible use of airspace is amended in accordance with paragraphs 84 to 95.

Article 1 of Regulation (EC) No 2150/2005

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

(2) In the first unnumbered paragraph—

(a) for “Single European Sky” substitute “UK ATMS and in relation to the EATMN”, and

(b) omit “within the limits of the common transport policy”.

(3) In the second unnumbered paragraph for “Member States” substitute “the United Kingdom”.

Article 2 of Regulation (EC) No 2150/2005

85.  In Article 2 (definitions), in paragraph 2, in point (a) for “the airspace under the responsibility of one or more Member States” substitute “airspace”.

Article 3 of Regulation (EC) No 2150/2005

86.  In Article 3 (principles) in point (d), for “Member States” substitute “the CAA”.

Article 4 of Regulation (EC) No 2150/2005

87.—(1) Article 4 (strategic airspace management (level 1)) is amended as follows.

(2) In paragraph 1—

(a) in the words before point (a) for “Member States” substitute “The Secretary of State”,

(b) in each of points (h) and (i) after “neighbouring” insert “states which are”,

(c) in point (j)—

(i) after “neighbouring” insert “states which are”, and

(ii) omit “throughout the Community”,

(d) in point (k) after “neighbouring” insert “states which are”, and

(e) in point (l) omit “the persons or organisations as referred to in paragraph 3 and”.

(3) In paragraph 2 for “In those Member States where” substitute “Where”.

(4) Omit paragraph 3.

Article 5 of Regulation (EC) No 2150/2005

88.—(1) Article 5 (pre-tactical airspace management (level 2)) is amended as follows.

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

(3) In the unnumbered paragraph after paragraph 1 for “In those Member States where” substitute “Where”.

(4) In paragraph 2—

(a) for “Two or more Member States” substitute “The Secretary of State”,

(b) after “establish” insert “or participate in”, and

(c) at the end insert “with one or more Member States”.

(5) In paragraph 3 for “Member States” substitute “The Secretary of State”.

Article 6 of Regulation (EC) No 2150/2005

89.—(1) Article 6 (tactical airspace management (level 3)) is amended as follows.

(2) In each of paragraphs 1 to 4 for “Member States” substitute “The Secretary of State”.

(3) In paragraph 5 for “Member States shall” substitute “the Secretary of State must endeavour to”.

Article 7 of Regulation (EC) No 2150/2005

90.  In Article 7 (safety assessment)—

(a) for “Member States” substitute “The Secretary of State”,

(b) omit “they introduce”, and

(c) at the end insert “are introduced”.

Article 8 of Regulation (EC) No 2150/2005

91.  In Article 8 (reporting) for “Member States” substitute “CAA”.

Article 9 of Regulation (EC) No 2150/2005

92.  In Article 9 (compliance monitoring) for “Member States” substitute “The CAA”.

Article 10 of Regulation (EC) No 2150/2005

93.  Omit Article 10 (entry into force).

Further amendment of Regulation (EC) No 2150/2005

94.  After Article 10 omit the sentence which begins “This Regulation shall be binding”.

Annex to Regulation (EC) No 2150/2005

95.  In the Annex (list of elements required for the annual report on the application of the flexible use of airspace), in the fifth indent after “between” insert “the United Kingdom and”.

CHAPTER 2 Amendment of Commission Regulation (EC) No 1032/2006

Commission Regulation (EC) No 1032/2006: introduction

96.  Commission Regulation (EC) No 1032/2006 of 6 July 2006 laying down requirements for automatic systems for the exchange of flight data for the purpose of notification, coordination and transfer of flights between air traffic control units is amended in accordance with regulations 97 to 106.

Article 3 of Commission Regulation (EC) No 1032/2006

97.—(1) Article 3 (interoperability and performance requirements) is amended as follows.

(2) In paragraph 4 for “Member States” substitute “The Secretary of State”.

(3) In paragraph 5 for “Member States” substitute “the Secretary of State”.

Article 4 of Commission Regulation (EC) No 1032/2006

98.  In Article 4 (quality of service requirements), in paragraph 2 for “Member States” substitute “The Secretary of State”.

Article 6 of Commission Regulation (EC) No 1032/2006

99.  In Article 6 (safety requirements), in the first unnumbered paragraph for “Member States” substitute “The CAA”.

Article 7 of Commission Regulation (EC) No 1032/2006

100.  In Article 7 (conformity or suitability for use of constituents) for “an EC” substitute “a”.

Article 8 of Commission Regulation (EC) No 1032/2006

101.—(1) Article 8 (verification of systems) is amended as follows.

(2) In paragraph 2 for “a notified” substitute “an appointed”.

(3) In paragraph 3 for “Member States” substitute “The Secretary of State”.

Article 9 of Commission Regulation (EC) No 1032/2006

102.  Omit Article 9 (compliance).

Article 10 of Commission Regulation (EC) No 1032/2006

103.  Omit Article 10 (transitional arrangements).

Article 11 of Commission Regulation (EC) No 1032/2006

104.  Omit Article 11 (entry into force).

Further amendment of Commission Regulation (EC) No 1032/2006

105.  After Article 11 omit the sentence which begins “This Regulation shall be binding”.

Annex 4 to Commission Regulation (EC) No 1032/2006

106.—(1) Annex 4 is amended as follows.

(2) In Part A (requirements for the assessment of the conformity or suitability for use of constituents referred to in Article 7), in point 4 omit “EC”.

(3) In Part B (requirements for the verification of systems referred to in Article 8(1)), in point 7—

(a) omit “EC”, and

(b) for “national supervisory authority” substitute “CAA”.

(4) In Part C (requirements for the verification of systems referred to in Article 8(2))—

(a) in point 5 for “a notified” substitute “an appointed”,

(b) in each of points 6 to 8 for “notified” substitute “appointed”, and

(c) in point 9—

(i) omit “EC”, and

(ii) for “national supervisory authority” substitute “CAA”.

CHAPTER 3 Amendment of Commission Regulation (EC) No 1033/2006

Commission Regulation (EC) No 1033/2006: introduction

107.  Commission Regulation (EC) No 1033/2006 of 4 July 2006 laying down the requirements on procedures for flight plans in the pre-flight phase for the single European sky is amended in accordance with regulations 108 to 113.

Article 2 of Commission Regulation (EC) No 1033/2006

108.  In Article 2 (definitions), in paragraph 2, in point 6—

(a) omit “within the European Air Traffic Management Network”, and

(b) for “covered by this Regulation” substitute “under the responsibility of the States participating in that service”.

Article 3 of Commission Regulation (EC) No 1033/2006

109.  In Article 3 (interoperability and performance requirements), in each of paragraphs 2, 3 and 8 for “Member States” substitute “The Secretary of State”.

Article 4 of Commission Regulation (EC) No 1033/2006

110.  In Article 4 (safety requirements) for “Member States” substitute “The CAA”.

Article 5 of Commission Regulation (EC) No 1033/2006

111.—(1) Article 5 (additional requirements) is amended as follows.

(2) In each of paragraphs 2 and 4 for “Member States” substitute “The Secretary of State”.

(3) Omit paragraph 5.

Article 6 of Commission Regulation (EC) No 1033/2006

112.  Omit Article 6 (entry into force and application).

Further amendment of Commission Regulation (EC) No 1033/2006

113.  After Article 6 omit the sentence which begins “This Regulation shall be binding”.

CHAPTER 4 Amendment of Commission Regulation (EC) No 633/2007

Commission Regulation (EC) No 633/2007: introduction

114.  Commission Regulation (EC) No 633/2007 of 7 June 2007 laying down requirements for the application of a flight message transfer protocol used for the purpose of notification, coordination and transfer of flights between air traffic control units is amended in accordance with regulations 115 to 123.

Article 3 of Commission Regulation (EC) No 633/2007

115.  In Article 3 (application of the flight message transfer protocol), in paragraph 2 for “Member States” substitute “The Secretary of State”.

Article 4 of Commission Regulation (EC) No 633/2007

116.  In Article 4 (conformity assessment of constituents) for “an EC” substitute “a”.

Article 5 of Commission Regulation (EC) No 633/2007

117.—(1) Article 5 (verification of systems) is amended as follows.

(2) In paragraph 2 for “a notified” substitute “an appointed”.

(3) In paragraph 3 for “Member States” substitute “The Secretary of State”.

Article 6 of Commission Regulation (EC) No 633/2007

118.  Omit Article 6 (compliance).

Article 7 of Commission Regulation (EC) No 633/2007

119.  Omit Article 7 (transitional arrangements).

Article 8 of Commission Regulation (EC) No 633/2007

120.  Omit Article 8 (entry into force and application).

Further amendment of Commission Regulation (EC) No 633/2007

121.  After Article 8 omit the sentence which begins “This Regulation shall be binding”.

Annex 2 to Commission Regulation (EC) No 633/2007

122.  In Annex 2 (requirements for the assessment of conformity of constituents carried out under Article 4), in point 4 omit “EC” in the first place it occurs.

Annex 4 to Commission Regulation (EC) No 633/2007

123.—(1) Annex 4 is amended as follows.

(2) In Part A (requirements for the verification of systems carried out under Article 5(1)), in point 7—

(a) omit “EC” in the first place it occurs, and

(b) for “national supervisory authority” substitute “CAA”.

(3) In Part B (requirements for the verification of systems carried out under Article 5(2))—

(a) in point 5 for “a notified” substitute “an appointed”,

(b) in each of points 6 to 8 for “notified” substitute “appointed”, and

(c) in point 9—

(i) omit “EC” in the first place it occurs, and

(ii) for “national supervisory authority” substitute “CAA”.

CHAPTER 5 Amendment of Commission Regulation (EC) No 29/2009

Commission Regulation (EC) No 29/2009: introduction

124.  Commission Regulation (EC) No 29/2009 of 16 January 2009 laying down requirements on data link services for the single European sky is amended in accordance with regulations 125 to 139.

Article 1 of Commission Regulation (EC) No 29/2009

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

(2) In paragraph 1 omit “coordinated”.

(3) In paragraph 3 for “defined in Parts A and B of Annex 1” substitute “under the responsibility of the United Kingdom”.

Article 2 of Commission Regulation (EC) No 29/2009

126.  In Article 2 (definitions), in point 13—

(a) omit “within the European Air Traffic Management Network”, and

(b) for “covered by this Regulation” substitute “under the responsibility of the States participating in that service”.

Article 3 of Commission Regulation (EC) No 29/2009

127.  In Article 3 (data link services), in paragraph 4—

(a) for “Member States which decide” substitute “If the Secretary of State decides”, and

(b) after “requirements,” insert “the Secretary of State”.

Article 7 of Commission Regulation (EC) No 29/2009

128.—(1) Article 7 (general obligations of Member States for data link communications) is amended as follows.

(2) In the heading for “Member States” substitute “the CAA”.

(3) In paragraph 1—

(a) for “Member States which have designated ATS providers in the airspace referred to in Article 1(3)” substitute “The CAA”, and

(b) for “their” substitute “its”.

(4) In each of paragraphs 2 and 3 for “Member States” substitute “The CAA”.

Article 8 of Commission Regulation (EC) No 29/2009

129.  In Article 8 (data link communication for transport type State aircraft) for “Member States”, in each of paragraphs 1 to 3, substitute “The Secretary of State”.

Article 10 of Commission Regulation (EC) No 29/2009

130.  In Article 10 (safety requirements) for “Member States” substitute “The CAA”.

Article 11 of Commission Regulation (EC) No 29/2009

131.—(1) Article 11 (conformity or suitability for use of constituents) is amended as follows.

(2) The first unnumbered paragraph becomes paragraph 1.

(3) In that paragraph—

(a) for “an EC” substitute “a”,

(b) after “, or” insert “if the manufacturer is not established in the United Kingdom”, and

(c) for “Community” substitute “United Kingdom”.

(4) The second unnumbered paragraph becomes paragraph 2.

Article 12 of Commission Regulation (EC) No 29/2009

132.  In Article 12 (verification of systems), in paragraph 2 for “a notified” substitute “an appointed”.

Article 13 of Commission Regulation (EC) No 29/2009

133.  In Article 13 (additional requirements), in each of paragraphs 4, 7 and 8 for “Member States” substitute “The Secretary of State”.

Article 14 of Commission Regulation (EC) No 29/2009

134.  Omit Article 14 (exemptions).

Article 15 of Commission Regulation (EC) No 29/2009

135.  Omit Article 15 (entry into force and application).

Further amendment of Commission Regulation (EC) No 29/2009

136.  After Article 15 omit the sentence which begins “This Regulation shall be binding”.

Annex 1 to Commission Regulation (EC) No 29/2009

137.  Omit Annex 1 (airspace referred to in Article 1(3)).

Annex 5 to Commission Regulation (EC) No 29/2009

138.  In Annex 5 (requirements for the assessment referred to in Article 11 of the conformity or suitability for use of constituents), in point 4 omit “EC” in the first place it occurs.

Annex 7 to Commission Regulation (EC) No 29/2009

139.—(1) Annex 7 is amended as follows.

(2) In Part A (requirements for the verification of systems referred to in Article 12(1)), in point 7—

(a) omit “EC” in the first place it occurs, and

(b) for “national supervisory authority” substitute “CAA”.

(3) In Part B (requirements for the verification of systems referred to in Article 12(2))—

(a) in point 5 for a “a notified” substitute “an appointed”,

(b) in each of points 6 to 8 for “notified” substitute “appointed”, and

(c) in point 9—

(i) omit “EC” in the first place it occurs, and

(ii) for “national supervisory authority” substitute “CAA”.

CHAPTER 6 Amendment of Commission Regulation (EC) No 262/2009

Commission Regulation (EC) No 262/2009: introduction

140.  Commission Regulation (EC) No 262/2009 of 30 March 2009 laying down requirements for the coordinated allocation and use of Mode S interrogator codes for the single European sky is amended in accordance with regulations 141 to 154.

Article 2 of Commission Regulation (EC) No 262/2009

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

(2) In point 11—

(a) omit “within the European Air Traffic Management Network”, and

(b) for “Member States” substitute “States participating in that service”.

(3) In point 13 for “Member States” substitute “States participating in that service”.

(4) In point 19(a) for “Regulation (EC) No 2096/2005” substitute “Implementing Regulation (EU) No 1035/2011, as that Regulation has effect in EU law as amended from time to time(8)”.

(5) At the end insert—

“25.   “third country” means a country or territory other than:

(a) the United Kingdom, or

(b) a Member State.”.

Article 4 of Commission Regulation (EC) No 262/2009

142.—(1) Article 4 (associated procedures for Mode S operators) is amended as follows.

(2) In paragraph 1 after “from” insert “the CAA or”.

(3) In paragraph 2—

(a) for “competent Member State” substitute “CAA”, and

(b) at the end insert “, unless a Member State is the competent Member State in relation to the operator”.

(4) In paragraph 4—

(a) after “operators” insert “that have received an interrogator code allocation from the CAA”, and

(b) for “competent Member State” substitute “CAA”.

Article 5 of Commission Regulation (EC) No 262/2009

143.—(1) Article 5 (associated procedures for Member States) is amended as follows.

(2) In the heading for “Member States” substitute “the CAA”.

(3) In paragraph 1 for “Member States” substitute “The CAA”.

(4) In paragraph 2—

(a) in the words before point (a) for “Member States” substitute “The CAA”,

(b) in point (c)(ii) for “Member States” substitute “CAA if the United Kingdom is”, and

(c) in point (c)(iv)—

(i) for “Member States” substitute “the CAA”, and

(ii) omit “national”.

(5) Omit paragraphs 3 and 4.

(6) In paragraph 5—

(a) for “Member States referred to in paragraph 3” substitute “The CAA”,

(b) for “their” substitute “the United Kingdom’s”, and

(c) omit “other”.

(7) In paragraph 6 for “Member States referred to in paragraph 3” substitute “The CAA”.

(8) In paragraph 7—

(a) for “Member States” substitute “The CAA”, and

(b) omit “other”.

(9) In paragraph 8—

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

(b) for “the Member State concerned” substitute “the CAA”.

Article 7 of Commission Regulation (EC) No 262/2009

144.  In Article 7 (contingency requirements), in paragraph 3 for “competent Member State” substitute “CAA”.

Article 8 of Commission Regulation (EC) No 262/2009

145.  In Article 8 (civil-military coordination), in each of paragraphs 1 to 3 for “Member States” substitute “The Secretary of State”.

Article 9 of Commission Regulation (EC) No 262/2009

146.  In Article 9 (safety requirements), in paragraph 2 for “Member States” substitute “The CAA”.

Article 10 of Commission Regulation (EC) No 262/2009

147.  In Article 10 (conformity assessment)—

(a) for “an EC” substitute “a”,

(b) after “, or” insert “if the manufacturer is not established in the United Kingdom”, and

(c) for “Community” substitute “United Kingdom”.

Article 11 of Commission Regulation (EC) No 262/2009

148.  In Article 11 (verification of systems), in paragraph 2 for “a notified” substitute “an appointed”.

Article 12 of Commission Regulation (EC) No 262/2009

149.  In Article 12 (additional requirements), in each of paragraphs 3 and 4 for “Member States” substitute “The CAA”.

Article 13 of Commission Regulation (EC) No 262/2009

150.  Omit Article 13 (entry into force and application).

Further amendment of Commission Regulation (EC) No 262/2009

151.  After Article 13 omit the sentence which begins “This Regulation shall be binding”.

Annex 2 to Commission Regulation (EC) No 262/2009

152.—(1) Annex 2 is amended as follows.

(2) In Part A (requirements concerning the application for interrogator codes referred to in Articles 4(2), 5(1) and 5(2))—

(a) in point (a) for “competent Member State” substitute “CAA”, and

(b) omit point (b).

(3) In Part B (requirements concerning the allocation of interrogator codes referred to in Articles 2(10), 4(3) and 4(4)), in point (a) for “competent Member State” substitute “CAA”.

Annex 4 to Commission Regulation (EC) No 262/2009

153.—(1) Annex 4 is amended as follows.

(2) In Part A (requirements for the assessment of the conformity or suitability for use of constituents of the systems referred to in Article 10), in point 2—

(a) after “manufacturer, or” insert “if the manufacturer is not established in the United Kingdom”, and

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

(3) In Part B (internal production control module)—

(a) in point 1—

(i) after “manufacturer or”, in both places those words occur, insert “, if the manufacturer is not established in the United Kingdom”, and

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

(b) in point 2—

(i) for “he or his” substitute “the manufacturer, or if the manufacturer is not established in the United Kingdom the manufacturer’s”,

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

(iii) for “relevant national supervisory authorities” substitute “CAA”,

(iv) after “The manufacturer or” insert “, if the manufacturer is not established in the United Kingdom”, and

(v) for “Member States” substitute “CAA”, and

(c) in point 3—

(i) for “Community”, in both places it occurs, substitute “United Kingdom”, and

(ii) for “Member States” substitute “CAA”.

Annex 6 to Commission Regulation (EC) No 262/2009

154.—(1) Annex 6 is amended as follows.

(2) In Part A (requirements for the verification of systems referred to in Article 11(1)), in point 7—

(a) omit “EC” in the first place it occurs, and

(b) for “national supervisory authority” substitute “CAA”.

(3) In Part B (requirements for the verification of systems referred to in Article 11(2))—

(a) in point 5 for “a notified” substitute “an appointed”,

(b) in each of points 6 to 8 for “notified” substitute “appointed”, and

(c) in point 9—

(i) omit “EC” in the first place it occurs, and

(ii) for “national supervisory authority” substitute “CAA”.

CHAPTER 7 Amendment of Commission Regulation (EU) No 73/2010

Commission Regulation (EU) No 73/2010: introduction

155.  Commission Regulation (EU) No 73/2010 of 26 January 2010 laying down requirements on the quality of aeronautical data and aeronautical information for the single European sky is amended in accordance with regulations 156 to 170.

Article 2 of Commission Regulation (EU) No 73/2010

156.  In Article 2 (scope), in paragraph 1—

(a) for “European air traffic management network (EATMN)” substitute “United Kingdom air traffic management system (UK ATMS)”, and

(b) in each of points (a) to (d) for “Member States” substitute “the Secretary of State”.

Article 5 of Commission Regulation (EU) No 73/2010

157.—(1) Article 5 (data exchange) is amended as follows.

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

(3) In paragraph 4 for “a Member State” substitute “the Secretary of State”.

Article 6 of Commission Regulation (EU) No 73/2010

158.  In Article 6 (data quality), in paragraph 1 for “Member States” substitute “The CAA”.

Article 7 of Commission Regulation (EU) No 73/2010

159.—(1) Article 7 (consistency, timeliness and personnel performance) is amended as follows.

(2) In paragraph 1—

(a) for “more than one Member State” substitute “the United Kingdom and one or more Member States”, and

(b) for “those AIPs” substitute “the AIP of the United Kingdom”.

(3) In paragraph 2 for “their Member State” substitute “the United Kingdom”.

Article 11 of Commission Regulation (EU) No 73/2010

160.  In Article 11 (conformity or suitability for use of constituents)—

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

(b) after “, or” insert “if the manufacturer is not established in the United Kingdom”, and

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

Article 12 of Commission Regulation (EU) No 73/2010

161.  In Article 12 (verification of systems), in paragraph 2 for “a notified” substitute “an appointed”.

Article 14 of Commission Regulation (EU) No 73/2010

162.  Omit Article 14 (transitional provisions).

Article 15 of Commission Regulation (EU) No 73/2010

163.  Omit Article 15 (entry into force and application).

Further amendment of Commission Regulation (EU) No 73/2010

164.  After Article 15 omit the sentence which begins “This Regulation shall be binding”.

Annex 1 to Commission Regulation (EU) No 73/2010

165.  In Annex 1 (data set specifications referred to in Article 4), in Part A (IAIP, aerodrome mapping and electronic obstacle data), in point 2 for “national supervisory authority” substitute “CAA”.

Annex 2 to Commission Regulation (EU) No 73/2010

166.—(1) Annex 2 (aeronautical data exchange format requirements referred to in Article 5) is amended as follows.

(2) In Part A (IAIP, aerodrome mapping and electronic obstacle data), in point 2 for “national supervisory authority” substitute “CAA”.

(3) In Part B (electronic terrain data), in point 2 for “national supervisory authority” substitute “CAA”.

Annex 7 to Commission Regulation (EU) No 73/2010

167.—(1) Annex 7 (quality, safety and security management requirements referred to in Article 10) is amended as follows.

(2) In Part A (quality management system), in point 2 for “national supervisory authority” substitute “CAA”.

(3) In Part C (security management objectives), in point 2 for “national supervisory authority” substitute “CAA”.

Annex 8 to Commission Regulation (EU) No 73/2010

168.—(1) Annex 8 (requirements for the assessment of conformity or suitability for use of constituents referred to in Article 11) is amended as follows.

(2) In point 2—

(a) after “manufacturer, or” insert “if the manufacturer is not established in the United Kingdom”, and

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

(3) In point 3—

(a) after “manufacturer, or” insert “if the manufacturer is not established in the United Kingdom”, and

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

(4) In point 4—

(a) after “manufacturer, or” insert “if the manufacturer is not established in the United Kingdom”,

(b) for “Union” substitute “United Kingdom”, and

(c) omit “EC” in the first place it occurs.

Annex 10 to Commission Regulation (EU) No 73/2010

169.—(1) Annex 10 is amended as follows.

(2) In Part A (requirements for the verification of systems referred to in Article 12(1)), in point 7—

(a) omit “EC” in the first place it occurs, and

(b) for “national supervisory authority” substitute “CAA”.

(3) In Part B (requirements for the verification of systems referred to in Article 12(2))—

(a) in point 5 for “a notified” substitute “an appointed”,

(b) in each of points 6 to 8 for “notified” substitute “appointed”, and

(c) in point 9—

(i) omit “EC” in the first place it occurs, and

(ii) for “national supervisory authority” substitute “CAA”.

Annex 11 to Commission Regulation (EU) No 73/2010

170.  Omit Annex 11 (ICAO differences referred to in Article 14).

CHAPTER 8 Amendment of Commission Regulation (EU) No 255/2010

Regulation (EU) No 255/2010: introduction

171.  Commission Regulation (EU) No 255/2010 of 25 March 2010 laying down common rules on air traffic flow management is amended in accordance with paragraphs 172 to 186.

Article 1 of Regulation (EU) No 255/2010

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

(2) In paragraph 1—

(a) for “European” substitute “United Kingdom”,

(b) for “network” substitute “system”, and

(c) for “EATMN” substitute “UK ATMS”.

(3) In paragraph 3 omit point (f).

Article 2 of Regulation (EU) No 255/2010

173.  In Article 2 (definitions), in point 6 for “EATMN”, in each place it occurs, substitute “UK ATMS”.

Article 3 of Regulation (EU) No 255/2010

174.  In Article 3 (air traffic flow management framework), in each of paragraphs 2(a)(ii) and (iii) and 3 for “EATMN”, in each place it occurs, substitute “UK ATMS”.

Article 4 of Regulation (EU) No 255/2010

175.—(1) Article 4 (general obligations of Member States) is amended as follows.

(2) In the heading for “Member States” substitute “the Secretary of State”.

(3) In paragraph 1 for “Member States” substitute “The Secretary of State”.

(4) In paragraph 2 omit “Member States”.

(5) In paragraph 4—

(a) omit the first sentence, and

(b) for “this common reference document” insert “the common reference document created by Eurocontrol containing the policies, procedures and description for route and traffic orientation.”.

(6) In paragraph 5 for “Those procedures shall be” substitute “The Secretary of State must endeavour to ensure that those procedures are”.

Article 5 of Regulation (EU) No 255/2010

176.—(1) Article 5 (obligations of Member States concerning the central unit for ATFM) is amended as follows.

(2) In the heading omit “of Member States”.

(3) In the words before point (a) for “Member States shall” substitute “The Secretary of State must endeavour to”.

(4) In each of points (a) and (d) for “EATMN” substitute “UK ATMS”.

Article 6 of Regulation (EU) No 255/2010

177.—(1) Article 6 (general obligations of ATS units) is amended as follows.

(2) In paragraph 1 for “EATMN” substitute “UK ATMS”.

(3) In paragraph 5, in the unnumbered paragraph after point (i) omit “, and by,”.

Article 9 of Regulation (EU) No 255/2010

178.  In Article 9 (consistency between flight plans and airport slots), in each of paragraphs 1 and 4 for “Member States shall” substitute “The Secretary of State must endeavour to”.

Article 10 of Regulation (EU) No 255/2010

179.—(1) Article 10 (obligations concerning critical events) is amended as follows.

(2) In paragraph 1—

(a) for “Member States shall” substitute “The Secretary of State must endeavour to”, and

(b) for “EATMN” substitute “UK ATMS”.

(3) In paragraph 2, in point (c) omit “Member States’”.

Article 11 of Regulation (EU) No 255/2010

180.—(1) Article 11 (monitoring of compliance to ATFM measures) is amended as follows.

(2) In paragraph 1—

(a) for “Member States” substitute “The Secretary of State”, and

(b) omit the second sentence.

(3) In paragraph 2 omit the second sentence.

(4) For paragraph 3 substitute—

“3.   The Secretary of State must endeavour to ensure that the central unit for ATFM notifies the Secretary of State if exemptions in excess of 0,6% of the United Kingdom’s annual departures are granted.”.

(5) In paragraph 4 for “Member States shall” substitute “The Secretary of State must endeavour to”.

(6) In paragraph 6—

(a) for “Member States shall” substitute “The Secretary of State must endeavour to”, and

(b) omit “and that the report is submitted to the Commission”.

(7) In paragraph 7 for “Member States” substitute “The Secretary of State”.

Article 12 of Regulation (EU) No 255/2010

181.—(1) Article 12 (performance assessment) is amended as follows.

(2) In paragraph 1 for “Member States shall” substitute “the Secretary of State must endeavour to”.

(3) In paragraph 2 for “Member States shall” substitute “The Secretary of State must endeavour to”.

(4) Omit the two unnumbered paragraphs after paragraph 2.

Article 13 of Regulation (EU) No 255/2010

182.  In Article 13 (safety requirements) for “Member States” substitute “The Secretary of State”.

Article 14 of Regulation (EU) No 255/2010

183.  In Article 14 (additional requirements), in each of paragraphs 1 and 2, for “Member States” substitute “The Secretary of State”.

Article 15 of Regulation (EU) No 255/2010

184.  Omit Article 15 (penalties).

Article 16 of Regulation (EU) No 255/2010

185.  Omit Article 16 (entry into force and application).

Further amendment of Regulation (EU) No 255/2010

186.  After Article 16 omit the sentence which begins “This Regulation shall be binding”.

CHAPTER 9 Revocation of Commission Regulation (EU) No 176/2011

Regulation (EU) No 176/2011

187.  Commission Regulation (EU) No 176/2011 of 24 February 2011 on the information to be provided before the establishment and modification of a functional airspace block is revoked.

CHAPTER 10 Revocation of Commission Regulation (EU) No 283/2011

Commission Regulation (EU) No 283/2011

188.  Commission Regulation (EU) No 283/2011 of 22 March 2011 amending Regulation (EC) No 633/2007 as regards the transitional arrangements referred to in Article 7 is revoked.

CHAPTER 11 Amendment of Commission Regulation (EU) No 677/2011

Commission Regulation (EU) No 677/2011: introduction

189.  Commission Regulation (EU) No 677/2011 of 7 July 2011 laying down detailed rules for the implementation of air traffic management (ATM) network functions and amending Regulation (EU) No 691/2010 is amended in accordance with regulations 190 to 222.

Article 1 of Commission Regulation (EU) No 677/2011

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

(2) Omit paragraph 1.

(3) In paragraph 2—

(a) omit “Member States, European Aviation Safety Agency (the Agency),” and

(b) omit “, at national or functional airspace block level”.

(4) In paragraph 3—

(a) for “In accordance with Article 1(3) of Regulation (EC) No 551/2004 and without” substitute “Without”, and

(b) for the words from “Member States” to the end of the paragraph substitute “this Regulation applies to the airspace under the responsibility of the United Kingdom.”.

(5) In paragraph 4 omit “by a Member State”.

Article 2 of Commission Regulation (EU) No 677/2011

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

(2) In point (14) at the end insert “(see Articles 13 and 14 of Commission Regulation (EU) No 677/2011, as that Regulation has effect in EU law as amended from time to time(9))”.

(3) In point (18) for “a Member Sate” substitute “the CAA”.

(4) Omit point (21).

(5) Before point (22) insert—

“(21a) ‘network functions’ means the air traffic management (ATM) network functions mentioned in Article 6(2) of Regulation (EU) No 551/2004;”.

(6) In point (22)—

(a) after “551/2004” insert “, as that Regulation has effect in EU law as amended from time to time(10),”, and

(b) for “this Regulation” substitute “in Commission Regulation (EU) No 677/2011, as that Regulation has effect in EU law as amended from time to time(11)”.

(7) In point (23)—

(a) after “Manager” insert “under Article 6 of Commission Regulation (EU) No 677/2011, as that Regulation has effect in EU law as amended from time to time(12),”, and

(b) for “Strategic” substitute “Strategy”.

(8) In point (24), after “Manager” insert “under Article 5 of Commission Regulation (EU) No 677/2011, as that Regulation has effect in EU law as amended from time to time(13),”.

(9) In point (27) after “means” insert “the CAA and”.

Article 3 of Commission Regulation (EU) No 677/2011

192.  For Article 3 substitute—

“Article 3 Annexes 1 to 3

Annexes 1 to 3 make provision about the European route network design function, the radio frequency function and the transponder code function.”

Article 4 of Commission Regulation (EU) No 677/2011

193.  Omit Article 4 (tasks of the Network Manager).

Article 5 of Commission Regulation (EU) No 677/2011

194.  In Article 5 (Network Strategy Plan) omit paragraphs 1 to 4.

Article 6 of Commission Regulation (EU) No 677/2011

195.—(1) Article 6 (Network Operations Plan) is amended as follows.

(2) Omit paragraphs 1 to 6.

(3) In paragraph 7—

(a) omit “, functional airspace blocks”, and

(b) omit the last sentence.

(4) Omit paragraph 8.

Article 7 of Commission Regulation (EU) No 677/2011

196.  Omit Article 7 (competences of the Network Manager).

Article 8 of Commission Regulation (EU) No 677/2011

197.—(1) Article 8 (relations with operational stakeholders) is amended as follows.

(2) Omit paragraph 1.

(3) In paragraph 2 for “at local or functional airspace block level” substitute “by them”.

(4) In paragraph 3 for “I to VI” substitute “1 to 3”.

(5) In paragraph 4 after “7(1)” insert “of Commission Regulation (EU) No 677/2011, as that Regulation has effect in EU law as amended from time to time(14),”.

(6) Omit paragraph 5.

Article 9 of Commission Regulation (EU) No 677/2011

198.—(1) Article 9 (relations with Member States) is amended as follows.

(2) In the heading for “Member States” substitute “the Secretary of State”.

(3) Omit paragraphs 1 and 2.

(4) In paragraph 3—

(a) for “Member States” substitute “the CAA or operational stakeholders”,

(b) for “they shall be” substitute “and they are”,

(c) for “and shall” substitute “they must”, and

(d) omit “at national level”.

Article 10 of Commission Regulation (EU) No 677/2011

199.  Omit Article 10 (relations with functional airspace blocks).

Article 11 of Commission Regulation (EU) No 677/2011

200.—(1) Article 11 (civil-military cooperation) is amended as follows.

(2) Omit paragraph 1.

(3) In each of paragraphs 2 and 3 for “Member States” substitute “Secretary of State”.

(4) Omit paragraph 4.

Article 12 of Commission Regulation (EU) No 677/2011

201.  Omit Article 12 (general requirements for network functions).

Article 13 of Commission Regulation (EU) No 677/2011

202.  Omit Article 13 (cooperative decision-making).

Article 14 of Commission Regulation (EU) No 677/2011

203.  Omit Article 14 (consultation process).

Article 15 of Commission Regulation (EU) No 677/2011

204.  Omit Article 15 (detailed working arrangements and processes for operations).

Article 16 of Commission Regulation (EU) No 677/2011

205.  Omit Article 16 (Network Management Board).

Article 17 of Commission Regulation (EU) No 677/2011

206.  Omit Article 17 (role of the Single Sky Committee).

Article 18 of Commission Regulation (EU) No 677/2011

207.  Omit Article 18 (establishment of the European Aviation Crisis Coordination Cell).

Article 19 of Commission Regulation (EU) No 677/2011

208.  Omit Article 19 (responsibilities of the Network Manager and the EACCC).

Article 20 of Commission Regulation (EU) No 677/2011

209.—(1) Article 20 (monitoring and reporting) is amended as follows.

(2) Omit paragraph 1.

(3) In paragraph 2—

(a) omit the first sentence, and

(b) for “this task” substitute “the Network Manager’s functions under Article 20 of Commission Regulation (EU) No 677/2011, as that Regulation has effect in EU law as amended from time to time(15),”.

(4) Omit paragraph 3.

Article 21 of Commission Regulation (EU) No 677/2011

210.  Omit Article 21 (oversight of the Network Manager).

Article 22 of Commission Regulation (EU) No 677/2011

211.  Omit Article 22 (relations with third countries).

Article 23 of Commission Regulation (EU) No 677/2011

212.  Omit Article 23 (financing and budget of the Network Manager).

Article 24 of Commission Regulation (EU) No 677/2011

213.  Omit Article 24 (liability).

Article 25 of Commission Regulation (EU) No 677/2011

214.  Omit Article 25 (review).

Article 27 of Commission Regulation (EU) No 677/2011

215.  Omit Article 27 (entry into force).

Further amendment of Commission Regulation (EU) No 677/2011

216.  After Article 27 omit the sentence which begins “This Regulation shall be binding”.

Annex 1 of Commission Regulation (EU) No 677/2011

217.—(1) Annex 1 (the European Route Network Design (ERND) function) is amended as follows.

(2) Omit Part A (objective).

(3) In Part B (planning principles)—

(a) for point 1 substitute—

“1.   The Secretary of State, airspace users and air navigation service providers must participate in the development of the European Route Network Improvement Plan, while applying the airspace design principles set out in this Annex.”,

(b) omit points 2 to 6,

(c) in point 7—

(i) for “Network Manager, Member States, functional airspace blocks” substitute “Secretary of State”, and

(ii) omit “as part of functional airspace blocks or individually”,

(d) in point 8—

(i) for “Member States” substitute “The Secretary of State”, and

(ii) omit “and functional airspace blocks” in both places those words occur,

(e) in point 10—

(i) for “Network Manager and Member States” substitute “Secretary of State”,

(ii) for “develop” substitute “participate in the development of”, and

(iii) “for Member States”, in the second place those words occur, substitute “the Secretary of State”, and

(f) in point 11—

(i) for “Network Manager, Member States” substitute “Secretary of State”,

(ii) omit “, functional airspace blocks”,

(iii) omit “as part of functional airspace blocks or individually,”, and

(iv) for “continuously review” substitute “participate in the continuous review of”.

(4) In Part C (airspace design principles)—

(a) in point 1—

(i) for “Network Manager, Member States, third countries, functional airspace blocks” substitute “Secretary of State”,

(ii) omit “as part of functional airspace blocks or individually,”,

(iii) in point (a) omit “or functional airspace block”,

(iv) in point (g) omit the last sentence, and

(v) in point (j) omit “or functional airspace block”, and

(b) in point 2—

(i) for “Network Manager, Member States, functional airspace blocks” substitute “Secretary of State”, and

(ii) omit “as part of functional airspace blocks or individually,”.

(5) Omit Part D (on-going monitoring of performance achievements at network level).

Annex 2 of Commission Regulation (EU) No 677/2011

218.—(1) Annex 2 (the radio frequency function) is amended as follows.

(2) In Part A (requirements for the execution of the function)—

(a) in point 1—

(i) for “Member States shall nominate a competent person, authority or organisation as” substitute “The CAA is the”, and

(ii) omit the second sentence,

(b) omit points 2 and 3,

(c) in point 4—

(i) in the first sentence for “managers” substitute “manager”, and

(ii) omit the second and third sentences,

(d) omit point 5,

(e) in point 6—

(i) for “Member States” substitute “CAA”,

(ii) for “their” substitute “the United Kingdom’s”, and

(iii) at the end insert “In this Annex “the central register” means the register developed and maintained by the Network Manager under point 5 of Part A of Annex 2 to Commission Regulation (EU) No 677/2011, as that Regulation has effect in EU law as amended from time to time(16).”,

(f) in point 7—

(i) for “The Network Manager and the national frequency managers shall” substitute “The national frequency manager must assist the Network Manager to”, and

(ii) omit the second sentence,

(g) in point 8 omit “appropriate”,

(h) in point 9—

(i) for “The national frequency managers and the Network Manager shall” substitute “The national frequency manager must assist the Network Manager to”, and

(ii) omit the second and third sentences,

(i) omit point 10,

(j) in point 11—

(i) for “managers” substitute “manager”, and

(ii) after “point 10” insert “of Part A of Annex 2 to Commission Regulation (EU) No 677/2011, as that Regulation has effect in EU law as amended from time to time(17)”,

(k) in point 12—

(i) for “managers” substitute “manager”, and

(ii) omit the second sentence,

(l) in point 13 omit “10,”,

(m) in point 16 for “manager(s)” in both places it occurs, substitute “manager”,

(n) omit point 17,

(o) in point 18—

(i) omit “Network Manager and the”,

(ii) for “manager(s)” substitute “manager”, and

(iii) omit the second, third and fourth sentences, and

(p) omit point 19.

(3) In Part B (requirements for the organisation of the function)—

(a) omit points 1 to 6, and

(b) in point 7—

(i) for “Member States” substitute “The Secretary of State”, and

(ii) for “managers” substitute “manager”.

Annex 3 of Commission Regulation (EU) No 677/2011

219.—(1) Annex 3 (the Transponder Code Function) is amended as follows.

(2) In Part A (requirements for the Transponder Code Function)—

(a) omit points 1 to 6,

(b) in point 7—

(i) for “Member States” substitute “The CAA”, and

(ii) after “point 3” insert “of Part A of Annex 3 to Commission Regulation (EC) No 677/2011, as that Regulation has effect in EU law as amended from time to time(18)”,

(c) omit points 8 and 9,

(d) in point 10 for “Plans and procedures shall be agreed between the Network Manager, Member States and air navigation service providers” substitute “The Secretary of State must assist the Network Manager and air navigation service providers to agree plans and procedures”, and

(e) omit point 11.

(3) In Part B (requirements for the specific consultation mechanism)—

(a) omit point 1, and

(b) in point 2 for “The Network Manager, in coordination with national military authorities, shall” substitute “The Secretary of State must assist the Network Manger to”.

(4) In Part C (requirements for the provision of data)—

(a) in point 1 after “Part A” insert “of Annex 3 to Commission Regulation (EC) No 677/2011, as that Regulation has effect in EU law as amended from time to time(19)”, and

(b) in each of points 2 and 4 for “Member States” substitute “the CAA”.

Annex 4 of Commission Regulation (EU) No 677/2011

220.  Omit Annex 4 (template for Network Strategy Plan).

Annex 5 of Commission Regulation (EU) No 677/2011

221.  Omit Annex 5 (template for Network Operations Plan).

Annex 6 of Commission Regulation (EU) No 677/2011

222.  Omit Annex 6 (general requirements for network functions).

CHAPTER 12 Amendment of Commission Implementing Regulation (EU) No 1034/2011

Commission Implementing Regulation (EU) No 1034/2011: introduction

223.  Commission Implementing Regulation (EU) No 1034/2011 of 17 October 2011 on safety oversight in air traffic management and air navigation services and amending Regulation (EU) No 691/2010 is amended in accordance with regulations 224 to 244.

Article 1 of Commission Implementing Regulation (EU) No 1034/2011

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

(2) In paragraph 1—

(a) for “competent authorities” substitute “the competent authority”,

(b) for “(ATFM),” substitute “(ATFM) and”, and

(c) for “and other network functions” substitute “in the airspace under the responsibility of the United Kingdom”.

(3) In paragraph 2—

(a) for “competent authorities” substitute “the competent authority”,

(b) for “their” substitute “its”,

(c) for “ATFM,” substitute “ATFM and”, and

(d) for “and other network functions” substitute “in the airspace under the responsibility of the United Kingdom”.

Article 2 of Commission Implementing Regulation (EU) No 1034/2011

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

(2) Omit points 3 and 4.

(3) In point 10 for “a competent” substitute “the competent”.

(4) In point 11—

(a) for “the Union or national regulations for” substitute “legislation relating to”, and

(b) omit “or other network functions”.

(5) Omit point 14.

Article 3 of Commission Implementing Regulation (EU) No 1034/2011

226.—(1) Article 3 (competent authorities for oversight) is amended as follows.

(2) In the heading for “authorities” substitute “authority”.

(3) In the words before point (a)—

(a) omit “mutual”, and

(b) for “competent authorities for oversight shall be:” substitute “the competent authority for oversight is the CAA.”.

(4) Omit points (a) to (d).

Article 4 of Commission Implementing Regulation (EU) No 1034/2011

227.—(1) Article 4 (safety oversight function) is amended as follows.

(2) In paragraph 1—

(a) for “Competent authorities” substitute “The competent authority”,

(b) for “their” substitute “its”,

(c) for “ATFM,” substitute “ATFM and”, and

(d) omit “and other network functions”.

(3) Omit paragraphs 2 and 3.

Article 5 of Commission Implementing Regulation (EU) No 1034/2011

228.—(1) Article 5 (monitoring of safety performance) is amended as follows.

(2) In paragraph 1—

(a) for “Competent authorities” substitute “The competent authority”, and

(b) for “blocks under their responsibility” substitute “under the responsibility of the United Kingdom”.

(3) In paragraph 2 for “Competent authorities” substitute “The competent authority”.

Article 6 of Commission Implementing Regulation (EU) No 1034/2011

229.—(1) Article 6 (verification of compliance with safety regulatory requirements) is amended as follows.

(2) In paragraph 1—

(a) in the words before point (a) for “Competent authorities” substitute “The competent authority”, and

(b) in point (d)(ii)—

(i) for “ATFM,” substitute “ATFM and”, and

(ii) omit “and the Network Manager”.

(3) In paragraph 2, in point (e)—

(a) for “competent authorities” substitute “the competent authority”,

(b) after “including” insert “the application of criminal penalties for infringement of measures referred to in Article 3 of Regulation (EC) No 549/2004, and”, and

(c) omit “Article 9 of Regulation (EC) No 549/2004,”.

230.—(1) Article 7 (safety regulatory audits) is amended as follows.

(2) In paragraph 1—

(a) for “Competent authorities” substitute “The competent authority”, and

(b) for “them” substitute “it”.

(3) In paragraph 2(a) for “competent authorities” substitute “the competent authority”.

(4) In paragraph 3—

(a) in the words before point (a) for “competent authorities” substitute “the competent authority”, and

(b) in point (b) for “, services and network functions” substitute “and services”.

(5) In each of paragraphs 4 and 5 for “Competent authorities” substitute “The competent authority”.

Article 8 of Commission Implementing Regulation (EU) No 1034/2011

231.—(1) Article 8 (corrective actions) is amended as follows.

(2) In each of paragraphs 1 and 3 for “Competent authorities” substitute “The competent authority”.

(3) In paragraph 4 for “competent authorities”, in both places those words occur, substitute “the competent authority”.

Article 9 of Commission Implementing Regulation (EU) No 1034/2011

232.—(1) Article 9 (safety oversight of changes to functional systems) is amended as follows.

(2) In paragraph 1 omit “relevant” in both places it occurs.

(3) In paragraph 2—

(a) omit “relevant”,

(b) for “competent authorities” substitute “the competent authority”, and

(c) omit “in accordance with national law”.

Article 10 of Commission Implementing Regulation (EU) No 1034/2011

233.—(1) Article 10 (review procedure of the proposed changes) is amended as follows.

(2) In paragraph 1—

(a) for “Competent authorities” substitute “The competent authority”, and

(b) in the unnumbered paragraph after point (b)—

(i) for “competent authorities determine” substitute “the competent authority determines”, and

(ii) for “they”, in both places it occurs, substitute “it”.

(3) In paragraph 3 for “competent authorities” substitute “the competent authority”.

Article 11 of Commission Implementing Regulation (EU) No 1034/2011

234.—(1) Article 11 (qualified entities) is amended as follows.

(2) In paragraph 1, for “a”, in the first place it occurs, substitute “the”.

(3) In paragraph 3—

(a) for “Competent authorities” substitute “The competent authority”, and

(b) for “their” substitute “its”.

Article 12 of Commission Implementing Regulation (EU) No 1034/2011

235.—(1) Article 12 (safety oversight capabilities) is amended as follows.

(2) In paragraph 1—

(a) for “Member States and the Commission” substitute “The competent authority”,

(b) for “competent authorities have” substitute “it has”, and

(c) for “their” substitute “its”.

(3) In paragraph 2—

(a) for “Competent authorities” substitute “The competent authority”, and

(b) for “their”, in the first place it occurs, substitute “its”.

(4) In paragraph 3—

(a) in the words before point (a) —

(i) for “Competent authorities” substitute “The competent authority”, and

(ii) for “they” substitute “it”,

(b) in each of points (a) and (b) for “their” substitute “its”, and

(c) in point (c)(i)—

(i) for “ATFM,” substitute “ATFM and”, and

(ii) omit “and other network functions”.

Article 13 of Commission Implementing Regulation (EU) No 1034/2011

236.—(1) Article 13 (safety directives) is amended as follows.

(2) In paragraph 1—

(a) for “Competent authorities” substitute “The competent authority”, and

(b) for “they have” substitute “it has”.

(3) Omit paragraph 3.

(4) In paragraph 4 for “Competent authorities” substitute “The competent authority”.

Article 14 of Commission Implementing Regulation (EU) No 1034/2011

237.  In Article 14 (safety oversight records)—

(a) for “Competent authorities” substitute “The competent authority”, and

(b) for “their” substitute “its”.

Article 15 of Commission Implementing Regulation (EU) No 1034/2011

238.—(1) Article 15 (safety oversight reporting) is amended as follows.

(2) In paragraph 1—

(a) in the words before point (a) for “Competent authorities” substitute “The competent authority”, and

(b) in point (b)—

(i) for “Member States which established or nominated the competent authority, if applicable,” substitute “the United Kingdom”, and

(ii) for “that” substitute “the”.

(3) Omit paragraph 2 and the unnumbered paragraph after paragraph 2.

Article 16 of Commission Implementing Regulation (EU) No 1034/2011

239.  Omit Article 16 (information exchange between competent authorities).

Article 17 of Commission Implementing Regulation (EU) No 1034/2011

240.  Omit Article 17 (transitional provisions).

Article 18 of Commission Implementing Regulation (EU) No 1034/2011

241.  Omit Article 18 (repeal).

Article 19 of Commission Implementing Regulation (EU) No 1034/2011

242.  Omit Article 19 (amendment to Regulation (EU) No 691/2010).

Article 20 of Commission Implementing Regulation (EU) No 1034/2011

243.  Omit Article 20 (entry into force).

Further amendment of Commission Implementing Regulation (EU) No 1034/2011

244.  After Article 20 omit the sentence which begins “This Regulation shall be binding”.

CHAPTER 13 Amendment of Commission Implementing Regulation (EU) No 1035/2011

Commission Implementing Regulation (EU) No 1035/2011: introduction

245.  Commission Implementing Regulation (EU) No 1035/2011 of 17 October 2011 laying down common requirements for the provision of air navigation services and amending Regulations (EC) No 482/2008 and (EU) No 691/2010 is amended in accordance with regulations 246 to 259.

Article 2 of Commission Implementing Regulation (EU) No 1035/2011

246.  In Article 2 (definitions)—

(a) for point 5 substitute—

“(5) ‘national supervisory authority’ means the CAA;”, and

(b) omit point 14.

Article 3 of Commission Implementing Regulation (EU) No 1035/2011

247.—(1) Article 3 (competent authority for certification) is amended as follows.

(2) In paragraph 1—

(a) in the words before point (a) after “shall be” insert “the national supervisory authority”, and

(b) omit points (a) to (c).

(3) In paragraph 2 for the words from “the authority” to the end of the paragraph substitute “the national supervisory authority”.

Article 4 of Commission Implementing Regulation (EU) No 1035/2011

248.  In Article 4 (granting of certificates), in paragraph 2 for “A” substitute “The”.

Article 5 of Commission Implementing Regulation (EU) No 1035/2011

249.—(1) Article 5 (derogations) is amended as follows.

(2) Omit paragraph 1 and the unnumbered paragraph after that paragraph.

(3) In paragraph 2—

(a) for the words from the beginning of the paragraph to “respect” substitute “By way of derogation from Article 4(1), certain air navigation service providers may apply for a certificate which is limited”, and

(b) in the first unnumbered paragraph after point (d), for “EUR 1 000 000” substitute “£875,000”.

(4) In each of paragraphs 3 and 4 for “Member State concerned” substitute “United Kingdom”.

Article 7 of Commission Implementing Regulation (EU) No 1035/2011

250.  In Article 7 (facilitation of compliance monitoring) omit the unnumbered paragraph after point (d).

Article 9 of Commission Implementing Regulation (EU) No 1035/2011

251.  In Article 9 (safety regulation of engineering and technical personnel), in the first paragraph omit “or any other authority designated by a Member State to fulfil this task”.

Article 10 of Commission Implementing Regulation (EU) No 1035/2011

252.  Omit Article 10 (peer review procedure).

Article 11 of Commission Implementing Regulation (EU) No 1035/2011

253.  Omit Article 11 (transitional provisions).

Article 12 of Commission Implementing Regulation (EU) No 1035/2011

254.  Omit Article 12 (repeal).

Article 14 of Commission Implementing Regulation (EU) No 1035/2011

255.  Omit Article 14 (amendment to Regulation (EU) No 691/2010.

Article 15 of Commission Implementing Regulation (EU) No 1035/2011

256.  Omit Article 15 (entry into force).

Further amendment of Commission Implementing Regulation (EU) No 1035/2011

257.  After Article 15 omit the sentence which begins “This Regulation shall be binding”.

Annex 1 to Commission Implementing Regulation (EU) No 1035/2011

258.—(1) Annex 1 (general requirements for the provision of air navigation services) is amended as follows.

(2) In point 2.2.1—

(a) in point (a) omit “Union”,

(b) in the first unnumbered paragraph after point (b) omit the words from “consistent”, in the first place it occurs, to “and”, and

(c) in the second unnumbered paragraph after point (b) omit the words from “and identifying” to the end of the paragraph.

(3) In point 2.2.2 omit point (b).

(4) Omit point 2.2.3 (performance part of the plans).

(5) In point 8.1, in the second paragraph omit “Union”.

(6) In point 9—

(a) in the first paragraph omit “relevant”,

(b) in point (c) omit from “during” to the end of the point, and

(c) in the paragraph after point (g)—

(i) omit “to the Commission and the Agency on request and”, and

(ii) omit “in accordance with national law”.

Annex 2 to Commission Implementing Regulation (EU) No 1035/2011

259.—(1) Annex 2 (specific requirements for the provision of air traffic services) is amended as follows.

(2) In point 1, in the first paragraph for “authorities referred to in Article 7(2) of Regulation (EC) No 550/2004” substitute “authority”.

(3) Omit point 2.

(4) In point 3.1.2(g) omit “national and Union”.

CHAPTER 14 Amendment of Commission Implementing Regulation (EU) No 1206/2011

Commission Implementing Regulation (EU) No 1206/2011: introduction

260.  Commission Implementing Regulation (EU) No 1206/2011 of 22 November 2011 laying down requirements on aircraft identification for surveillance for the single European sky is amended in accordance with regulations 261 to 276.

Article 1 of Commission Implementing Regulation (EU) No 1206/2011

261.  In Article 1 (subject matter) “EATMN” substitute “UK ATMS”.

Article 3 of Commission Implementing Regulation (EU) No 1206/2011

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

(2) In point 10—

(a) after “SSR codes to” insert “the United Kingdom,”, and

(b) after “agreed by” insert “the United Kingdom and”.

(3) in point 12—

(a) omit “within the European Air Traffic Management Network”, and

(b) for “covered by this Regulation” substitute “under the responsibility of the States participating in that service”.

Article 4 of Commission Implementing Regulation (EU) No 1206/2011

263.—(1) Article 4 (performance requirements) is amended as follows.

(2) Omit paragraph 1.

(3) In paragraph 6—

(a) in the words before point (a) for “Member States” substitute “The CAA”,

(b) in point (a) for “paragraphs 1 and 2” substitute “paragraph 2”, and

(c) in point (c)—

(i) omit “agreed by all Member States and”, and

(ii) after “with” insert “Member States and”.

Article 5 of Commission Implementing Regulation (EU) No 1206/2011

264.  In Article 5 (safety requirements), in paragraph 1 for “Member States” substitute “The CAA”.

Article 6 of Commission Implementing Regulation (EU) No 1206/2011

265.—(1) Article 6 (conformity or suitability for use of constituents) is amended as follows.

(2) The first unnumbered paragraph becomes paragraph 1.

(3) In that paragraph—

(a) for “an EC” substitute “a”,

(b) after “Regulation or” insert “if the manufacturer is not established in the United Kingdom”, and

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

(4) The second unnumbered paragraph becomes paragraph 2.

Article 7 of Commission Implementing Regulation (EU) No 1206/2011

266.  In Article 7 (verification of systems), in paragraph 2 for “a notified” substitute “an appointed”.

Article 9 of Commission Implementing Regulation (EU) No 1206/2011

267.  In Article 9 (additional requirements for operators), in paragraph 2 for “4(1) and (2)” substitute “4(2)”.

Article 10 of Commission Implementing Regulation (EU) No 1206/2011

268.  In Article 10 (additional requirements for Member States)—

(a) in the heading for “Member States” substitute “the CAA”,

(b) for “Member States” substitute “The CAA”, and

(c) omit “compliance with this Regulation including”.

Article 11 of Commission Implementing Regulation (EU) No 1206/2011

269.  Omit Article 11 (exemptions).

Article 12 of Commission Implementing Regulation (EU) No 1206/2011

270.  Omit Article 12 (entry into force and application).

Further amendment of Commission Implementing Regulation (EU) No 1206/2011

271.  After Article 12 omit the sentence which begins “This Regulation shall be binding”.

Annex 1 to Commission Implementing Regulation (EU) No 1206/2011

272.  In Annex 1 (airspace referred to in Article 4(1) and (4)), in each of the heading and the unnumbered paragraph for “4(1) and (4)” substitute “4(4)”.

Annex 2 to Commission Implementing Regulation (EU) No 1206/2011

273.  In Annex 2 (performance requirements referred to in Article 4(3)), in each of points 4, 6 and 7(a) after “agreed by” insert “the United Kingdom and”.

Annex 3 to Commission Implementing Regulation (EU) No 1206/2011

274.  In Annex 3 (performance requirements referred to in Article 4(4)), in each of points (a) and (b) after “agreed by” insert “the United Kingdom and”.

Annex 5 to Commission Implementing Regulation (EU) No 1206/2011

275.  In Annex 5 (requirements for the assessment of conformity or suitability for use of constituents referred to in Article 6), in point 4 omit “EC” in the first place it occurs.

Annex 7 to Commission Implementing Regulation (EU) No 1206/2011

276.—(1) Annex 7 is amended as follows.

(2) In Part A (requirements for the verification of systems referred to in Article 7(1)), in point 7—

(a) omit “EC” in the first place it occurs, and

(b) for “national supervisory authority” substitute “CAA”.

(3) In Part B (requirements for the verification of systems referred to in Article 7(2))—

(a) in point 5 for “a notified” substitute “an appointed”,

(b) in each of points 6 to 8 for “notified” substitute “appointed”, and

(c) in point 9—

(i) omit “EC” in the first place it occurs, and

(ii) for “national supervisory authority” substitute “CAA”.

CHAPTER 15 Amendment of Commission Implementing Regulation (EU) No 1207/2011

Commission Implementing Regulation (EU) No 1207/2011: introduction

277.  Commission Implementing Regulation (EU) No 1207/2011 of 22 November 2011 laying down requirements for the performance and interoperability of surveillance for the single European sky is amended in accordance with regulations 278 to 293.

Article 1 of Commission Implementing Regulation (EU) No 1207/2011

278.  In Article 1 (subject matter) for “within” substitute “of the United Kingdom Air Traffic Management System (UK ATMS) in relation to”.

Article 5 of Commission Implementing Regulation (EU) No 1207/2011

279.  In Article 5 (interoperability requirements), in paragraph 7 for “Member States” substitute “The CAA”.

Article 6 of Commission Implementing Regulation (EU) No 1207/2011

280.—(1) Article 6 (spectrum protection) is amended as follows.

(2) In paragraph 1—

(a) for “Member States” substitute “the CAA”, and

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

(3) In paragraph 3—

(a) for “Member States” substitute “the CAA”, and

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

(4) Omit paragraph 4.

Article 7 of Commission Implementing Regulation (EU) No 1207/2011

281.  In Article 7 (associated procedures), in paragraph 3 for “Member States” substitute “The CAA”.

Article 8 of Commission Implementing Regulation (EU) No 1207/2011

282.—(1) Article 8 (State aircraft) is amended as follows.

(2) In each of paragraphs 1 and 2 for “Member States” substitute “The Secretary of State”.

(3) Omit paragraphs 3 and 4.

(4) In paragraph 5 for “the State aircraft identified in paragraph 3” substitute “:” then insert—

“(a) State aircraft that cannot be equipped with secondary surveillance radar transponders that comply with the requirements set out in Part A of Annex 2, and

(b) transport-type State aircraft with a maximum certified take-off mass exceeding 5 700 kg or having a maximum cruising true airspeed capability greater than 250 knots, that cannot be equipped with secondary surveillance radar transponders that comply with the requirements set out in Part B and Part C of Annex 2,”.

(5) In paragraph 6 for “Member States” substitute “The Secretary of State”.

(6) In paragraph 7 for “Member State that has designated them” substitute “CAA”.

Article 9 of Commission Implementing Regulation (EU) No 1207/2011

283.—(1) Article 9 (safety requirements) is amended as follows.

(2) Omit paragraph 1.

(3) In paragraph 2 for “Member States” substitute “The CAA”.

(4) In paragraph 3 for “paragraphs 1 and 2” substitute “paragraph 2”.

Article 10 of Commission Implementing Regulation (EU) No 1207/2011

284.  In Article 10 (conformity or suitability for use of constituents), in the first unnumbered paragraph—

(a) for “an EC” substitute “a”,

(b) after “Regulation or” insert “if the manufacturer is not established in the United Kingdom”, and

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

Article 11 of Commission Implementing Regulation (EU) No 1207/2011

285.  In Article 11 (verification of systems), in paragraph 2 for “a notified” substitute “an appointed”.

Article 12 of Commission Implementing Regulation (EU) No 1207/2011

286.  In Article 12 (additional requirements), in paragraph 4 for “Member States” substitute “The CAA”.

Article 13 of Commission Implementing Regulation (EU) No 1207/2011

287.  Omit Article 13 (exemptions on the cooperative surveillance chain).

Article 14 of Commission Implementing Regulation (EU) No 1207/2011

288.—(1) Article 14 (exemptions on aircraft) is amended as follows.

(2) In each of paragraphs 1 and 2 after “exempted” insert “by the CAA”.

(3) Omit paragraphs 3 to 5.

Article 15 of Commission Implementing Regulation (EU) No 1207/2011

289.  Omit Article 15 (entry into force and application).

Further amendment of Commission Implementing Regulation (EU) No 1207/2011

290.  After Article 15 omit the sentence which begins “This Regulation shall be binding”.

Annex 5 to Commission Implementing Regulation (EU) No 1207/2011

291.  In Annex 5 (requirements for the assessment of the level of performance of surveillance chains referred to in Article 7(1)), in paragraph 2 for “national supervisory authority” substitute “CAA”.

Annex 7 to Commission Implementing Regulation (EU) No 1207/2011

292.  In Annex 7 (requirements for the assessment of the conformity or suitability for use of constituents referred to in Article 10), in point 4 omit “EC” in the first place it occurs.

Annex 9 to Commission Implementing Regulation (EU) No 1207/2011

293.—(1) Annex 9 is amended as follows.

(2) In Part A (requirements for the verification of systems referred to in Article 11(1)), in point 7—

(a) omit “EC” in the first place it occurs, and

(b) for “national supervisory authority” substitute “CAA”.

(3) In Part B (requirements for the verification of systems referred to in Article 11(2))—

(a) in point 5 for “a notified” substitute “an appointed”,

(b) in each of points 6 to 8 for “notified” substitute “appointed”, and

(c) in point 9—

(i) omit “EC” in the first place it occurs, and

(ii) for “national supervisory authority” substitute “CAA”.

CHAPTER 16 Amendment of Commission Implementing Regulation (EU) No 923/2012

Commission Implementing Regulation (EU) No 923/2012: introduction

294.  Commission Implementing Regulation (EU) No 923/2012 of 26 September 2012 laying down the common rules of the air and operational provisions regarding services and procedures in air navigation and amending Implementing Regulation (EU) No 1035/2011 and Regulations (EC) No 1265/2007, (EC) No 1794/2006, (EC) No 730/2006, (EC) No 1033/2006 and (EU) No 255/2010 is amended in accordance with regulations 295 to 308.

Article 1 of Commission Implementing Regulation (EU) No 923/2012

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

(2) In paragraph 2—

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

(b) in point (b) for “a Member State of the Union” substitute “the United Kingdom”.

(3) In paragraph 3 for “authorities of the Member States” substitute “authority”.

(4) In paragraph 4 for “Member States shall ensure that national rules are established” substitute “the Secretary of State must take such steps as the Secretary of State considers appropriate”.

Article 2 of Commission Implementing Regulation (EU) No 923/2012

296.  In Article 2 (definitions) for point 55 substitute—

“55.   ‘competent authority’ means the Civil Aviation Authority;”.

Article 3 of Commission Implementing Regulation (EU) No 923/2012

297.  In Article 3 (compliance), for “Member States” substitute “competent authority”.

Article 4 of Commission Implementing Regulation (EU) No 923/2012

298.—(1) Article 4 (exemptions for special operations) is amended as follows.

(2) In paragraph 1, in the words before point (a)—

(a) for “authorities” substitute “authority”, and

(b) for “their” substitute “its”.

(3) Omit paragraph 2.

Article 5 of Commission Implementing Regulation (EU) No 923/2012

299.  Omit Article 5 (differences).

Article 6 of Commission Implementing Regulation (EU) No 923/2012

300.—(1) Article 6 (monitoring of amendments) is amended as follows.

(2) In paragraph 1—

(a) for the words before point (a) substitute “The competent authority must:”, and

(b) in each of points (a) and (b) omit “to” in the first place it occurs.

(3) In paragraph 2 omit “Article 5 of this Regulation relating to the withdrawal and notification of differences and publication in the Aeronautical Information Publication and”.

Article 7 of Commission Implementing Regulation (EU) No 923/2012

301.—(1) Article 7 (amendments to the Annex) is amended as follows.

(2) For paragraph 1 substitute—

“1.   The Secretary of State may by regulations made by statutory instrument amend the Annex to this Regulation.”.

(3) In paragraph 2 after “any relevant” insert “European”.

(4) At the end insert—

“3.   Regulations under paragraph 1—

(a) may make different provision for different purposes;

(b) may make transitional, transitory or saving provision;

(c) may make consequential, incidental or supplementary provision.

4.   A statutory instrument containing regulations under paragraph 1 is subject to annulment in pursuance of a resolution of either House of Parliament.”.

Article 8 of Commission Implementing Regulation (EU) No 923/2012

302.  Omit Article 8 (transitional and additional measures).

Article 9 of Commission Implementing Regulation (EU) No 923/2012

303.  Omit Article 9 (safety requirements).

Article 10 of Commission Implementing Regulation (EU) No 923/2012

304.  In Article 10 (amendments) omit paragraphs 1, 3 and 4.

Article 11 of Commission Implementing Regulation (EU) No 923/2012

305.  Omit Article 11 (entry into force).

Further amendment of Commission Implementing Regulation (EU) No 923/2012

306.  After Article 11 omit the sentence which begins “This Regulation shall be binding”.

Annex to Commission Implementing Regulation (EU) No 923/2012

307.—(1) The Annex (rules of the air) is amended as follows.

(2) In Section 1 (flight over the high seas), in SERA.1001 (general)—

(a) in point (a)—

(i) omit “in particular within Functional Airspace Blocks”,

(ii) for “member States” substitute “United Kingdom”,

(iii) for “Member States” substitute “the United Kingdom”, and

(iv) for “they are” substitute “the United Kingdom is”, and

(b) in point (b)—

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

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

(3) In Section 2 (applicability and compliance), in SERA.2001 (subject)—

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

(b) in point (b) for “a Member State of the Union” substitute “the United Kingdom”, and

(c) in the unnumbered paragraph after point (b) for “Competent Authorities of the Member States” substitute “competent authority”.

(4) In Section 3 (general rules and collision avoidance)—

(a) in each of SERA.3115 (dropping or spraying), SERA.3120 (towing), SERA.3125 (parachute descents) and SERA.3130 (aerobatic flight), for point (a) substitute—

“(a) legislation, if any, applicable to that activity, and”,

(b) in SERA.3145 (prohibited areas and restricted areas) for “Member State over whose territory the areas are established” substitute “Secretary of State”, and

(c) in SERA.3301 (general), in point (d) omit “Union or national”.

(5) In Section 5 (visual meteorological conditions, visual flight rules, special VFR and instrument flight rules), in SERA.5005 (visual flight rules), in point (d)(2), in each of points (i) and (ii) for “Member States” substitute “competent authority”.

(6) In Section 6 (airspace classification), in SERA.6001 (classification of airspaces)—

(a) in point (a) for “Member States” substitute “The competent authority”, and

(b) in point (b) for “Member States” substitute “United Kingdom”.

(7) In Section 7 (air traffic services), in SERA.7005 (coordination between the airport operator and air traffic services), in point (a) omit “Union”.

(8) In Section 8 (air traffic control service), in SERA.8035 (communications), in point (b)—

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

(b) omit the second sentence.

(9) In Section 11 (interference, emergency contingencies and interception), in SERA.11015 (interception), in point (a) for “Member States” substitute “the Secretary of State”.

(10) In Section 12 (services related to meteorology — aircraft observations and reports by voice communications), in SERA.12005 (special aircraft observations), in point (b) for “Competent authorities” substitute “The competent authority”.

(11) In Section 14 (voice communication procedures), in SERA.14015 (language to be used in air-ground communication)—

(a) in point (a) omit the words from “or” to the end of the point, and

(b) omit point (b).

Supplement to the Annex to Commission Implementing Regulation (EU) No 923/2012

308.  Omit the supplement to the Annex (list of commonly agreed differences to be notified to ICAO in accordance with Article 5).

CHAPTER 17 Amendment of Commission Implementing Regulation (EU) No 1079/2012

Commission Implementing Regulation (EU) No 1079/2012: introduction

309.  Commission Implementing Regulation (EU) No 1079/2012 of 16 November 2012 laying down requirements for voice channels spacing for the single European sky is amended in accordance with regulations 310 to 327.

Article 2 of Commission Implementing Regulation (EU) No 1079/2012

310.  In Article 2 (scope), in paragraph 3, for “Member States are” substitute “the United Kingdom is”.

Article 3 of Commission Implementing Regulation (EU) No 1079/2012

311.  In Article 3 (definitions), in point 6 after “given by” insert “the CAA or”.

Article 4 of Commission Implementing Regulation (EU) No 1079/2012

312.—(1) Article 4 (interoperability and performance requirements of radio equipment) is amended as follows.

(2) In paragraph 1—

(a) after “or” insert “if the manufacturer is not established in the United Kingdom”,

(b) for “Union” substitute “United Kingdom”, and

(c) omit “from 17 November 2013”.

(3) In paragraph 3—

(a) for “Member States” substitute “The CAA”, and

(b) after “issued in the” insert “United Kingdom or European”.

(4) In paragraph 4 omit “from 17 November 2013”.

(5) In paragraph 5—

(a) for “Member States” substitute “The CAA”, and

(b) omit “by 31 December 2017 at the latest”.

Article 5 of Commission Implementing Regulation (EU) No 1079/2012

313.—(1) Article 5 (obligations of operators) is amended as follows.

(2) In paragraph 2—

(a) for “From 1 January 2014 an” substitute “An”, and

(b) after “class A, B or C of the” insert “under the responsibility of the United Kingdom or the”.

(3) In paragraph 4 omit “from 1 January 2018”.

Article 6 of Commission Implementing Regulation (EU) No 1079/2012

314.—(1) Article 6 (requirements on 8,33 kHz conversions) is amended as follows.

(2) In paragraph 1 for “Member States” substitute “The CAA”.

(3) In paragraph 2—

(a) for “Member States” substitute “the CAA”, and

(b) for “the Commission” substitute “Eurocontrol”.

(4) Omit paragraphs 3 to 7.

(5) In paragraph 8—

(a) for “Member States listed in Annex I” substitute “The CAA”, and

(b) omit “from 1 January 2015,”.

(6) In paragraph 9—

(a) for “Member States” substitute “CAA”, and

(b) for “Commission, by 31 December 2014 at the latest,” substitute “Secretary of State”.

(7) In paragraph 10—

(a) for “Member States” substitute “The CAA”, and

(b) omit “, by 31 December 2018 at the latest,”.

Article 8 of Commission Implementing Regulation (EU) No 1079/2012

315.  In Article 8 (associated procedures) omit paragraph 7.

Article 9 of Commission Implementing Regulation (EU) No 1079/2012

316.—(1) Article 9 (arrangements for State aircraft) is amended as follows.

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

(3) In paragraph 2—

(a) for “Member States” substitute “the Secretary of State”, and

(b) omit “by 31 December 2012 at the latest”.

(4) In each of paragraphs 3 and 4 for “Member States” substitute “The Secretary of State”.

(5) In paragraph 5—

(a) for “Member States” substitute “the Secretary of State”, and

(b) omit “by 31 December 2015 at the latest”.

(6) In paragraph 6—

(a) for “Member States” substitute “The Secretary of State”, and

(b) omit “from 1 January 2014”.

(7) In paragraph 7—

(a) for “Member States” substitute “The Secretary of State”, and

(b) omit “from 1 January 2014”.

(8) In paragraph 8—

(a) for “Member States” substitute “The Secretary of State”, and

(b) omit “by 31 December 2018 at the latest”.

(9) Omit paragraphs 9 and 10.

(10) In paragraph 13 for “Member States” substitute “The CAA”.

(11) In paragraph 14 for “Member State that has designated them” substitute “CAA”.

Article 10 of Commission Implementing Regulation (EU) No 1079/2012

317.  In Article 10 (safety requirements) for “Member States” substitute “The CAA”.

Article 11 of Commission Implementing Regulation (EU) No 1079/2012

318.  In Article 11 (conformity or suitability for use of constituents), in each of paragraphs 1 and 2, for “an EC” substitute “a”.

Article 12 of Commission Implementing Regulation (EU) No 1079/2012

319.—(1) Article 12 (verification of systems) is amended as follows.

(2) In paragraph 1 for “their national supervisory authority” substitute “the CAA”.

(3) In paragraph 2 for “a notified” substitute “an appointed”.

(4) In paragraph 3 for “an EC” substitute “a”.

Article 13 of Commission Implementing Regulation (EU) No 1079/2012

320.—(1) Article 13 (additional requirements) is amended as follows.

(2) In paragraph 1 for “Member States” substitute “The CAA”.

(3) Omit paragraphs 2 and 4.

(4) In paragraph 6 for “Member States” substitute “The CAA”.

Article 14 of Commission Implementing Regulation (EU) No 1079/2012

321.—(1) Article 14 (exemptions) is amended as follows.

(2) In paragraph 1—

(a) for “the first paragraph of Article 4 of Commission Regulation (EC) No 730/2006,” substitute “point SERA.5005(d)(2) of the Annex to Commission Implementing Regulation (EU) No 923/2012”, and

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

(3) In paragraph 2—

(a) for “Member States” substitute “The CAA”, and

(b) omit “local”.

(4) In paragraph 3—

(a) for “Member States” substitute “The CAA, if”,

(b) omit “local”, and

(c) for “the Commission” substitute “Eurocontrol”.

(5) Omit paragraph 4.

Article 15 of Commission Implementing Regulation (EU) No 1079/2012

322.  Omit Article 15 (repeal).

Article 16 of Commission Implementing Regulation (EU) No 1079/2012

323.  Omit Article 16 (entry into force).

Further amendment of Commission Implementing Regulation (EU) No 1079/2012

324.  After Article 16 omit the sentence which begins “This Regulation shall be binding”.

Annex 1 to Commission Implementing Regulation (EU) No 1079/2012

325.—(1) Annex 1 (Member States referred to in Articles 5 and 6) is amended as follows.

(2) In the heading for “Articles 5 and 6” substitute “Article 5”.

(3) In the text before the indented list for “Articles 5(2), 6(3), 6(5) and 6(8)” substitute “Article 5(2)”.

(4) Omit the last indent (United Kingdom).

Annex 3 to Commission Implementing Regulation (EU) No 1079/2012

326.—(1) Annex 3 (requirements referred to in Article 10, to be taken into consideration during the safety assessment) is amended as follows.

(2) In point 4 omit “(2),”.

(3) In each of points 5 and 6 for “Member States” substitute “The CAA”.

(4) In point 9, for the words from “Member States” to “shall” substitute “If the CAA converts frequency assignments to 8,33 kHz channel spacing in any part of the airspace under the responsibility of the United Kingdom it must:”.

Annex 4 to Commission Implementing Regulation (EU) No 1079/2012

327.—(1) Annex 4 is amended as follows.

(2) In Part B (internal production control module)—

(a) in point 1—

(i) after “manufacturer or”, in both places those words occur, insert “, if the manufacturer is not established in the United Kingdom”, and

(ii) for “Union”, in both places it occurs, substitute “United Kingdom”,

(b) in point 2—

(i) for “He or his” substitute “The manufacturer, or if the manufacturer is not established in the United Kingdom, the manufacturer’s”,

(ii) for “Union”, in both places it occurs, substitute “United Kingdom”,

(iii) for “relevant national supervisory authorities” substitute “CAA”,

(iv) after “manufacturer or” insert “, if the manufacturer is not established in the United Kingdom”, and

(v) for “Member States” substitute “CAA”,

(c) in point 3—

(i) for “Union”, in both places it occurs, substitute “United Kingdom”, and

(ii) for “Member States” substitute “CAA”, and

(d) in point 5 after “manufacturer or” insert “, if the manufacturer is not established in the United Kingdom”.

(3) In Part C (requirements for the verification of systems referred to in Article 12(1)), in point 7—

(a) omit “EC” in the first place it occurs, and

(b) for “national supervisory authority” substitute “CAA”.

(4) In Part D (requirements for the verification of systems referred to in Article 12(2))—

(a) in point 5 for “a notified” substitute “an appointed”,

(b) in each of points 6 to 8 for “notified” substitute “appointed”, and

(c) in point 9—

(i) omit “EC” in the first place it occurs, and

(ii) for “national supervisory authority” substitute “CAA”.

CHAPTER 18 Revocation of Commission Implementing Regulation (EU) No 390/2013

Commission Implementing Regulation (EU) No 390/2013

328.  Commission Implementing Regulation (EU) No 390/2013 of 3 May 2013 laying down a performance scheme for air navigation services and network functions is revoked.

CHAPTER 19 Revocation of Commission Implementing Regulation (EU) No 391/2013

Commission Implementing Regulation (EU) No 391/2013

329.  Commission Implementing Regulation (EU) No 391/2013 of 3 May 2013 laying down a common charging scheme for air navigation services is revoked.

CHAPTER 20 Revocation of Commission Implementing Regulation (EU) No 409/2013

Commission Implementing Regulation (EU) No 409/2013

330.  Commission Implementing Regulation (EU) No 409/2013 of 3 May 2013 on the definition of common projects, the establishment of governance and the identification of incentives supporting the implementation of the European Air Traffic Management Master Plan is revoked.

CHAPTER 21 Revocation of Commission Implementing Regulation (EU) No 657/2013

Commission Implementing Regulation (EU) No 657/2013

331.  Commission Implementing Regulation (EU) No 657/2013 of 10 July 2013 amending Implementing Regulation (EU) No 1079/2012 laying down requirements for voice channels spacing for the single European sky is revoked.

CHAPTER 22 Amendment of Commission Implementing Regulation (EU) No 716/2014

Commission Implementing Regulation (EU) No 716/2014: introduction

332.  Commission Implementing Regulation (EU) No 716/2014 of 27 June 2014 on the establishment of the Pilot Common Project supporting the implementation of the European Air Traffic Management Master Plan is amended in accordance with regulations 333 to 341.

Article 1 of Commission Implementing Regulation (EU) No 716/2014

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

(2) In paragraph 1 for “sets up” substitute “provides for the application of requirements derived from”.

(3) In paragraph 2 for the words from “European” to “552/2004” substitute “United Kingdom Air Traffic Management System (UK ATMS)”.

Article 2 of Commission Implementing Regulation (EU) No 716/2014

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

(2) In the first unnumbered paragraph—

(a) for “Implementing Regulation (EU) No 409/2013” substitute “Commission Regulation (EU) No 677/2011”, and

(b) at the end of that paragraph insert “However, the definition of ‘operational stakeholders’ in Article 2(27) of Commission Regulation (EU) No 677/2011 does not apply.”.

(3) Omit point 3.

(4) After point 5 insert—

“(6) ‘ATM functionality’ means a group of ATM operational functions or services related to trajectory, airspace and surface management or to information sharing within the en-route, terminal, airport or network operating environments;

(7) ‘industrialisation’ of ATM functionalities means the activities and processes, following their validation that include standardisation, certification and production by the manufacturing industry (ground and airborne equipment manufacturers);

(8) ‘implementation’ of ATM functionalities means the procurement, installation and putting into service of equipment and systems, including associated operational procedures, carried out by operational stakeholders;

(9) ‘essential operational change’ means an Air Traffic Management (ATM) operational change that provides significant network performance improvements to the operational stakeholders, as referred to in the ATM Master Plan;

(10) ‘operational stakeholders’ means civil and military: airspace users, air navigation service providers and airport operators.”.

Article 3 of Commission Implementing Regulation (EU) No 716/2014

335.—(1) Article 3 (ATM functionalities and their deployment) is amended as follows.

(2) In paragraph 1 for “shall comprise” substitute “comprises”.

(3) In paragraph 2—

(a) omit “and the Network Manager”,

(b) omit “and Commission Implementing Regulation (EU) No 409/2013”, and

(c) for “to comply with Regulation (EC) No 552/2004, point 4 of Part A of Annex II” substitute “for effective airspace and air traffic flow management, and the safe and efficient use of airspace by all users, through the application of the concept of flexible use of airspace; whilst taking into account national security considerations”.

Article 4 of Commission Implementing Regulation (EU) No 716/2014

336.  Omit Article 4 (reference and supporting material).

Article 5 of Commission Implementing Regulation (EU) No 716/2014

337.  Omit Article 5 (monitoring).

Article 6 of Commission Implementing Regulation (EU) No 716/2014

338.  Omit Article 6 (review).

Article 7 of Commission Implementing Regulation (EU) No 716/2014

339.  Omit Article 7 (entry into force).

Further amendment of Commission Implementing Regulation (EU) No 716/2014

340.  After Article 7 omit the sentence which begins “This Regulation shall be binding”.

Annex to Commission Implementing Regulation (EU) No 716/2014

341.—(1) The Annex is amended as follows.

(2) In point 1.2.1 (EU and EFTA Member States)—

(a) omit the heading, and

(b) for the list of indents substitute—

• “London-Heathrow

• London-Gatwick

• London-Stansted

• Manchester Ringway”.

(3) Omit point 1.2.2 (other third countries).

(4) In point 1.3 (stakeholders required to implement the functionality and deployment target date) omit “and the Network Manager”.

(5) In point 2.2.1 (EU and EFTA Member States)—

(a) omit the heading,

(b) for the first list of indents (after the text beginning with “Departure Management Synchronised” and ending with “airports”) substitute—

• “London-Heathrow

• London-Gatwick

• London-Stansted

• Manchester Ringway”, and

(c) for the second list of indents (after the words “Time-based separation for Final Approach shall be operated at the following airports”) substitute—

• “London-Heathrow

• London-Gatwick

• Manchester Ringway”.

(6) Omit point 2.2.2 (other third countries).

(7) In point 3.1.1 (Airspace Management and Advanced Flexible Use of Airspace), in the list of indents (under the heading “System requirements”)—

(a) in the first indent omit “Enhancements to the Network Operations Plan (NOP) shall be achieved through a cooperative decision-making process between all involved operational stakeholders;”, and

(b) in the seventh indent for “to comply with Regulation (EC) No 552/2004, point 4 of Part A of Annex II” substitute “for effective airspace and air traffic flow management, and the safe and efficient use of airspace by all users, through the application of the concept of flexible use of airspace; whilst taking into account national security considerations”.

(8) In point 3.2 (geographical scope), for “Member States are” substitute “United Kingdom is”.

(9) In point 3.3 (stakeholders required to implement the functionality and deployment target dates), for “Network Manager, air” substitute “Air”.

(10) Omit point 3.6 (Interdependencies with other ATM functionalities).

(11) Omit point 4 (network collaborative management).

(12) In point 5.1.5 (cooperative network information exchange) omit the heading “System requirements” and the indented paragraph after that heading.

(13) In point 5.1.6 (flight information exchange), in the first unnumbered paragraph—

(a) for “exchanged” substitute “shared”, and

(b) for “systems and” substitute “systems with the”.

(14) In point 5.2 (geographical scope)—

(a) in the unnumbered paragraph before the table—

(i) for “EATMN” substitute “UK ATMS”, and

(ii) omit the second sentence, and

(b) in the table omit the final column (Network Manager).

(15) In point 5.3 (stakeholders required to implement the functionality and deployment target date) omit “and the Network Manager”.

(16) In point 6.2 (geographical scope), for “Member States are” substitute “United Kingdom is”.

(17) In point 6.3 (stakeholders required to implement the functionality and deployment target dates)—

(a) omit “and the Network Manager”, and

(b) omit the second unnumbered paragraph.

(18) In point 6.4 (need for synchronisation) omit the sentence beginning with “Synchronisation and consistency”.

(19) In point 6.6 (interdependencies with other ATM functionalities) omit the third indent.

(20) For the Appendix substitute—

“Appendix

Area control centres:

• LONDON ACC CENTRAL

• PRESTWICK ACC

TMAs and Towers:

• LONDON TMA TC

• MANCHESTER APPROACH”.

CHAPTER 23 Amendment of Commission Implementing Regulation (EU) No 970/2014

Commission Implementing Regulation (EU) No 970/2014: introduction

342.  Commission Implementing Regulation (EU) No 970/2014 of 12 September 2014 amending Regulation (EU) No 677/2011 laying down detailed rules for the implementation of air traffic management (ATM) network functions is amended in accordance with regulations 343 to 345.

Article 1 of Commission Implementing Regulation (EU) No 970/2014

343.  In Article 1 (which amends Regulation (EU) No 677/2011) omit paragraphs 1, 2(a) and 3 to 8.

Article 2 of Commission Implementing Regulation (EU) No 970/2014

344.  Omit Article 2 (entry into force).

Further amendment of Commission Implementing Regulation (EU) No 970/2014

345.  After Article 2 (entry into force) omit the sentence which begins “This Regulation shall be binding”.

CHAPTER 24 Amendment of Commission Implementing Regulation (EU) 2015/310

Commission Implementing Regulation (EU) 2015/310: introduction

346.  Commission Implementing Regulation (EU) 2015/310 of 26 February 2015 amending Regulation (EC) No 29/2009 laying down requirements on data link services for the single European sky and repealing Implementing Regulation (EU) No 441/2014 is amended in accordance with regulations 347 to 349.

Article 1 of Commission Implementing Regulation (EU) 2015/310

347.  In Article 1 (which amends Regulation (EC) No 29/2009) omit paragraphs 3 and 4.

Article 3 of Commission Implementing Regulation (EU) 2015/310

348.  Omit Article 3 (entry into force).

Further amendment of Commission Implementing Regulation (EU) 2015/310

349.  After Article 3 (entry into force) omit the sentence which begins “This Regulation shall be binding”.

CHAPTER 25 Amendment of Commission Implementing Regulation (EU) 2016/1185

Commission Implementing Regulation (EU) 2016/1185: introduction

350.  Commission Implementing Regulation (EU) 2016/1185 of 20 July 2016 amending Implementing Regulation (EU) No 923/2012 as regards the update and completion of the common rules of the air and operational provisions regarding services and procedures in air navigation (SERA Part C) and repealing Regulation (EC) No 730/2006 is amended in accordance with regulations 351 to 353.

Article 3 of Commission Implementing Regulation (EU) 2016/1185

351.  Omit Article 3 (entry into force and application).

Further amendment of Commission Implementing Regulation (EU) 2016/1185

352.  After Article 3 omit the sentence which begins “This Regulation shall be binding”.

Annex to Commission Implementing Regulation (EU) 2016/1185

353.  In the Annex omit point 30 (which amends the supplement to the Annex to Implementing Regulation (EU) No 923/2012).

CHAPTER 26 Amendment of Commission Implementing Regulation (EU) 2017/373

Commission Implementing Regulation (EU) 2017/373: introduction

354.  Commission Implementing Regulation (EU) 2017/373 of 1 March 2017 laying down common requirements for providers of air traffic management/air navigation services and other air traffic management network functions and their oversight, repealing Regulation (EC) No 482/2008, Implementing Regulations (EU) No 1034/2011, (EU) No 1035/2011 and (EU) 2016/1377 and amending Regulation (EU) No 677/2011 is amended in accordance with regulations 355 to 365.

Article 2 of Commission Implementing Regulation (EU) 2017/373

355.  In Article 2 (definitions), omit points (3) and (4).

Article 4 of Commission Implementing Regulation (EU) 2017/373

356.—(1) Article 4 (competent authority for certification) is amended as follows.

(2) For paragraph 1 substitute—

“1.   The competent authority responsible for the issuing of certificates to data services providers and for the oversight and enforcement of data services providers is the CAA.”.

(3) Omit the unnumbered paragraph after paragraph 1.

(4) In paragraph 2 for “competent authorities” substitute “competent authority”.

(5) In paragraph 5—

(a) for “their”, in both places it occurs, substitute “its”,

(b) for “authorities”, in each place it occurs, substitute “authority”,

(c) for “Member States” substitute “the Secretary of State”, and

(d) for “exercise” substitute “exercises”.

(6) In paragraph 6—

(a) for “Member States and, where the Agency is the competent authority, the Commission” substitute “The Secretary of State”,

(b) for “their”, in the first place it occurs, substitute “the”,

(c) for “authorities do” substitute “authority does”, and

(d) for “their”, in the second place it occurs, substitute “its”.

(7) In paragraph 8—

(a) for “Member States and, where the Agency is the competent authority, the Commission” substitute “The Secretary of State”,

(b) for “authorities for the exercise of their” substitute “authority for the exercise of its”,

(c) omit “respective”,

(d) for “authorities”, in the last place it occurs, substitute “authority”, and

(e) for “their tasks”, in the second place those words occur, substitute “its tasks”.

Article 5 of Commission Implementing Regulation (EU) 2017/373

357.—(1) Article 5 (powers of the competent authority referred to in Article 4) is amended as follows.

(2) In paragraph 1—

(a) for “authorities” substitute “authority”, and

(b) for “their”, in both places it occurs, substitute “its”.

(3) In paragraph 2—

(a) for “authorities” substitute “authority”, and

(b) for “their” substitute “its”.

(4) In paragraph 3—

(a) for “national law of the Member State where the activities in question take place” substitute “applicable law”,

(b) omit “national” in the second place it occurs,

(c) after “prior” insert “judicial”, and

(d) omit “from the judicial authority of the Member State concerned”.

(5) In paragraph 4—

(a) for “authorities” substitute “authority”,

(b) for “they” substitute “it”, and

(c) for “them” substitute “it”.

Article 6 of Commission Implementing Regulation (EU) 2017/373

358.  For Article 6 (service providers) substitute—

“Article 6 Service providers

Data services providers shall be granted a certificate and be entitled to exercise the privileges granted within the scope of that certificate where, in addition to the requirements referred to in Article 40(1) of Regulation (EU) No 2018/1139, they comply and continue to comply with the following requirements:

(a) the requirements laid down in Annex 3 (Part-ATM/ANS.OR), Subparts A, B and C;

(b) the requirements laid down in Annex 7 (Part-DAT);

(c) the requirements laid down in Annex 13 (Part-PERS).”.

Article 9 of Commission Implementing Regulation (EU) 2017/373

359.  In Article 9 (repeal and amendment) omit paragraph 2.

Article 10 of Commission Implementing Regulation (EU) 2017/373

360.  Omit Article 10 (entry into force).

Further amendment of Commission Implementing Regulation (EU) 2017/373

361.  After Article 10 omit the sentence which begins “This Regulation shall be binding”.

Annex 1 to Commission Implementing Regulation (EU) 2017/373

362.  In Annex 1 (definition of terms used in Annexes 2 to 13) omit the following points—

(a) point (1) (“acceptable means of compliance (AMC)”);

(b) point (6) (“aerodrome flight information service (AFIS)”);

(c) point (7) (“aerodrome meteorological office”);

(d) point (11) (“aeronautical fixed service (AFS)”);

(e) point (16) (“aeronautical meteorological station”);

(f) point (23) (“alternative means of compliance (AltMOC)”);

(g) point (25) (“area control centre (ACC)”);

(h) point (50) (“flight information centre (FIC)”);

(i) point (53) (“flight test”);

(j) point (69) (“meteorological report”);

(k) point (71) (“meteorological watch office”);

(l) point (76) (“OPMET databank”);

(m) point (105) (“tropical cyclone advisory centre (TCAC)”);

(n) point (107) (“volcanic ash advisory centre (VAAC)”);

(o) point (108) (“world area forecast centre (WAFC)”).

Annex 2 to Commission Implementing Regulation (EU) 2017/373

363.—(1) Annex 2 (requirements for competent authorities – oversight of services and other ATM network functions) is amended as follows.

(2) In point ATM/ANS.AR.A.001 (scope)—

(a) for “competent authorities responsible for” substitute “competent authority so far as it exercises”,

(b) after “enforcement” insert “tasks”, and

(c) for “Annexes III to XIII” substitute “Annex 3, Subparts A, B and C, Annex 7 and Annex 13”.

(3) In point ATM/ANS.AR.A.005 (certification, oversight and enforcement tasks)—

(a) in point (b)—

(i) for “competent authorities”, in the first place those words occur, substitute “competent authority”,

(ii) omit point (3), and

(iii) omit the unnumbered paragraph after point (3), and

(b) omit point (c).

(4) In point ATM/ANS.AR.A.015 (means of compliance)—

(a) omit point (a),

(b) in point (b) for “Alternative means of compliance (AltMOC)” substitute “Means of compliance (MOC)”,

(c) in point (c) for “AltMOC” substitute “MOC”,

(d) in point (d)—

(i) for “AltMOC”, in each place it occurs, substitute “MOC”, and

(ii) omit points (2) and (3), and

(e) in point (e)—

(i) for “AltMOC” substitute “MOC”, and

(ii) omit point (2) and the unnumbered paragraph after that point.

(5) Omit point ATM/ANS.AR.A.020 (information to the Agency).

(6) In point ATM/ANS.AR.A.025 (immediate reaction to safety problems)—

(a) omit point (b),

(b) in point (c) for “points (a) and (b)” substitute “point (a)”, and

(c) in point (d) omit the second sentence.

(7) In point ATM/ANS.AR.A.030 (safety directives) omit point (c).

(8) In point ATM/ANS.AR.B.001 (management system)—

(a) in point (a)(1) for “that” substitute “the”, and

(b) omit points (c) and (d).

(9) In point ATM/ANS.AR.B.010 (changes in management system) omit point (c).

(10) In point ATM/ANS.AR.B.015 (record-keeping), in point (a)—

(a) omit point (5),

(b) in point (6)—

(i) for “the territory of the Member State” substitute “the United Kingdom”, and

(ii) for “another” substitute “a”, and

(c) in point (7)—

(i) omit “and notification to the Agency”, and

(ii) for “AltMOC”, in both places it occurs, substitute “MOC”.

(11) In point ATM/ANS.AR.C.001 (monitoring of safety performance)—

(a) for “authorities”, in both places it occurs, substitute “authority”, and

(b) for “their”, in both places it occurs, substitute “its”.

(12) In point ATM/ANS.AR.C.005 (certification, declaration and verification of service providers’ compliance with the requirements)—

(a) in point (a)—

(i) in point (1) for “Annexes III to XIII” substitute “Annex 3, Subparts A, B and C, Annex 7 and Annex 13”, and

(ii) omit point (2), and

(b) in point (b)(6) for “national” substitute “applicable”.

(13) In point ATM/ANS.AR.C.040 (review of a notified change to the functional system) omit point (a)(2).

(14) Omit point ATM/ANS.AR.C.045 (declarations of flight information services providers).

(15) In point ATM/ANS.AR.C.050 (findings, corrective actions, and enforcement measures)—

(a) in point (c) omit “, with the designation act, if applicable,”, and

(b) in point (e)(1) omit “, and in the case of the Network Manager, it shall inform the Commission”.

(16) In Appendix 1—

(a) omit “EUROPEAN UNION”,

(b) for “COMPETENT AUTHORITY” substitute “THE CIVIL AVIATION AUTHORITY”,

(c) for “competent authority” substitute “Civil Aviation Authority”,

(d) for “Competent authority”, in both places those words occur, substitute “The Civil Aviation Authority”,

(e) omit the tables (and associated footnotes) so far as relating to—

(i) air traffic services (ATS),

(ii) air traffic flow management (ATFM),

(iii) airspace management (ASM),

(iv) air traffic services (ATS) for flight test,

(v) communication, navigation or surveillance services (CNS),

(vi) aeronautical information services (AIS),

(vii) meteorological services (MET), and

(viii) ATM network functions, and

(f) omit “For the Member State/EASA”.

Annex 3 to Commission Implementing Regulation (EU) 2017/373

364.—(1) Annex 3 (common requirements for service providers) is amended as follows.

(2) In point ATM/ANS.OR.A.005 (application for a service provider certificate) in point (b)—

(a) in point (2) after “in” insert “Subparts A, B and C of”, and

(b) in point (3) for “IV to XIII” substitute “7 and 13”.

(3) In point ATM/ANS.OR.A.010 (application for a limited certificate)—

(a) in point (a) for “Member State where its principal place of operation or, if any, registered office is located” substitute “United Kingdom”,

(b) in point (b)—

(i) in point (1) omit “, other than a provider of air traffic services”,

(ii) in that point for “EUR 1 000 000” substitute “£875,000”, and

(iii) omit point (2),

(c) in point (c) omit point (5), and

(d) omit point (d).

(4) Omit point ATM/ANS.OR.A.015 (declaration by flight information services providers).

(5) In point ATM/ANS.OR.A.020 (means of compliance)—

(a) in point (a) for “Alternative means of compliance (AltMOC) to the AMC adopted by the Agency” substitute “Means of compliance (MOC)”,

(b) in point (b)—

(i) for “an AltMOC” substitute “a MOC”, and

(ii) for “AltMOC”, in the second place it occurs, substitute “MOC”, and

(c) in the unnumbered paragraph after point (b) omit “alternative”.

(6) In point ATM/ANS.OR.A.025 (continued validity of a certificate) in point (a)(1) for “competent authorities” substitute “competent authority”.

(7) Omit point ATM/ANS.OR.A.030 (continued validity of a declaration of a flight information services provider).

(8) In point ATM/ANS.OR.A.050 (facilitation and cooperation) for “competent authorities referred to in Article 5” substitute “competent authority”.

(9) In point ATM/ANS.OR.A.065 (occurrence reporting) in point (a) for “Member State where the service provider provides its services” substitute “competent authority”.

(10) In point ATM/ANS.OR.A.075 (open and transparent provision of services) in point (b) for “Union” substitute “applicable”.

(11) In point ATM/ANS.OR.B005 (management system) omit point (g).

(12) In point ATM/ANS.OR.B.010 (change management procedures), in point (a) for “, ATM/ANS.OR.C.005, ATS.OR.205 and ATS.OR.210, as applicable” substitute “and ATM/ANS.OR.C.005”.

(13) In point ATM/ANS.OR.C.001 (scope) omit “other than the air traffic services provider”.

(14) In point ATM/ANS.OR.C005 (safety support assessment and assurance of changes to the functional system) in each of points (a) and (b) omit “other than the air traffic services provider”.

Annex 13 to Commission Implementing Regulation (EU) 2017/373

365.  In Annex 13 (requirements for service providers concerning personnel training and competence assessment), in point ATSEP.OR.100 (scope), in point (b) omit “and/or declaring its activities in accordance with point ATM/ANS.OR.A.015”.

CHAPTER 27 Amendment of Commission Implementing Regulation (EU) 2017/386

Amendment of Commission Implementing Regulation (EU) 2017/386

366.  In Commission Implementing Regulation (EU) 2017/386 of 6 March 2017 amending Implementing Regulation (EU) No 1207/2011 laying down requirements for the performance and the interoperability of surveillance for the single European sky omit Article 1(4)(b).

PART 4 Amendment and revocation of EU decisions

CHAPTER 1 Revocation of Council Decision 2004/636/EC

Council Decision 2004/636/EC

367.  Council Decision of 29 April 2004 on the conclusion by the European Community of the Protocol on the accession of the European Community to the European Organisation for the Safety of Air Navigation (2004/636/EC) is revoked.

CHAPTER 2 Revocation of Council Decision 2009/320/EC

Council decision 2009/320/EC

368.  Council Decision of 30 March 2009 endorsing the European Air Traffic Management Master Plan of the Single European Sky ATM Research (SESAR) project (2009/320/EC) is revoked.

CHAPTER 3 Revocation of Commission Decision of 12.8.2010

Commission Decision of 12.8.2010

369.  Commission Decision of 12.8.2010 on the designation of a functional airspace blocks system coordinator in the context of the Single European Sky is revoked.

CHAPTER 4 Revocation of Commission Decision 2011/121/EU

Commission Decision 2011/121/EU

370.  Commission Decision of 21 February 2011 setting the European Union-wide performance targets and alert thresholds for the provision of air navigation services for the years 2012 to 2014 (2011/121/EU) is revoked.

CHAPTER 5 Amendment of Commission Decision of 20.5.2011

Commission Decision of 20.5.2011

371.  In Commission Decision of 20.5.2011 on exemptions under Article 14 of Commission Regulation (EC) No 29/2009, omit—

(a) Article 2 (temporary exemptions),

(b) Article 3 (decision addressed to the Member States), and

(c) Annex 2 (exemptions referred to in Article 2).

CHAPTER 6 Revocation of Commission Decision of 7.7.2011

Commission Decision of 7.7.2011

372.  Commission Decision of 7.7.2011 on the nomination of the Network Manager for the air traffic management (ATM) network functions of the single European sky is revoked.

CHAPTER 7 Amendment of Commission Implementing Decision of 9.12.2011

Commission Implementing Decision of 9.12.2011

373.  In Commission Implementing Decision of 9.12.2011 on exemptions under Article 14 of Commission Regulation (EC) No 29/2009, omit—

(a) Article 2 (temporary exemptions),

(b) Article 3 (decision addressed to the Member States), and

(c) Annex 2 (exemptions referred to in Article 2).

CHAPTER 8 Revocation of Commission Implementing Decision of 8.10.2012

Commission Implementing Decision of 8.10.2012

374.  Commission Implementing Decision of 8.10.2012 on the adoption of the European Union’s position on the approval of a modification to the European Air Traffic Management Master Plan is revoked.

CHAPTER 9 Revocation of Commission Implementing Decision of 19.12.2012

Commission Implementing Decision of 19.12.2012

375.  Commission Implementing Decision of 19.12.2012 on the approval of the Network Strategy Plan for the air traffic management network functions of the single European sky for the period 2012-2019 is revoked.

CHAPTER 10 Revocation of Commission Implementing Decision 2014/132/EU

Commission Implementing Decision 2014/132/EU

376.  Commission Implementing Decision of 11 March 2014 setting the Union-wide performance targets for the air traffic management network and alert thresholds for the second reference period 2015-19 is revoked.

CHAPTER 11 Revocation of Commission Implementing Decision of 22.7.2014

Commission Implementing Decision of 22.7.2014

377.  Commission Implementing Decision of 22.7.2014 approving the Network Strategy Plan for the air traffic management network functions of the single European sky for the period 2015-2019 is revoked.

CHAPTER 12 Revocation of Commission Implementing Decision (EU) 2015/290

Commission Implementing Decision (EU) 2015/290

378.  Commission Implementing Decision (EU) 2015/290 of 20 February 2015 on the compliance of 2014 unit rates for charging zones under Article 17 of Implementing Regulation (EU) No 391/2013 and repealing Decision 2013/631/EU is revoked.

CHAPTER 13 Revocation of Commission Implementing Decision (EU) 2015/348

Commission Implementing Decision (EU) 2015/348

379.  Commission Implementing Decision (EU) 2015/348 of 2 March 2015 concerning the consistency of certain targets included in the national or functional airspace block plans submitted pursuant to Regulation (EC) No 549/2004 of the European Parliament and of the Council with the Union-wide performance targets for the second reference period is revoked.

CHAPTER 14 Revocation of Commission Implementing Decision (EU) 2015/670

Commission Implementing Decision (EU) 2015/670

380.  Commission Implementing Decision (EU) 2015/670 of 27 April 2015 on the compliance of unit rates for charging zones for 2015 under Article 17 of Implementing Regulation (EU) No 391/2013 is revoked.

CHAPTER 15 Revocation of Commission Implementing Decision (EU) 2015/2224

Commission Implementing Decision (EU) 2015/2224

381.  Commission Implementing Decision (EU) 2015/2224 of 27 November 2015 on the appointment of the chairperson, the members and their alternates of the Network Management Board for the air traffic management network functions for the second reference period (2015-2019) is revoked.

CHAPTER 16 Revocation of Council Decision (EU) 2015/2394

Council Decision (EU) 2015/2394

382.  Council Decision (EU) 2015/2394 of 8 December 2015 on the position to be taken by the Member States on behalf of the European Union, concerning the decisions to be adopted by the Permanent Commission of Eurocontrol, with regard to the roles and tasks of Eurocontrol and on centralised services is revoked.

CHAPTER 17 Revocation of Commission Implementing Decision (EU) 2016/418

Commission Implementing Decision (EU) 2016/418

383.  Commission Implementing Decision (EU) 2016/418 of 18 March 2016 on the compliance of unit rates for charging zones for 2016 under Article 17 of Implementing Regulation (EU) No 391/2013 is revoked.

CHAPTER 18 Revocation of Council Decision (EU) 2016/1124

Council Decision (EU) 2016/1124

384.  Council Decision (EU) 2016/1124 of 24 June 2016 on the position to be taken by the Member States on behalf of the European Union within the Permanent Commission of Eurocontrol as regards the decisions to be adopted on centralised services is revoked.

CHAPTER 19 Revocation of Commission Implementing Decision (EU) 2016/1373

Commission Implementing Decision (EU) 2016/1373

385.  Commission Implementing Decision (EU) 2016/1373 of 11 August 2016 approving the Network Performance Plan for the second reference period of the Single European Sky performance scheme (2015-2019) is revoked.

CHAPTER 20 Revocation of Council Decision (EU) 2016/1764

Council Decision (EU) 2016/1764

386.  Council Decision (EU) 2016/1764 of 29 September 2016 on the position to be taken by the European Union within the EU-ICAO Joint Committee on the Decision on the adoption of an annex on Air Traffic Management to the Memorandum of Cooperation between the European Union and the International Civil Aviation Organization providing a framework for enhanced cooperation is revoked.

CHAPTER 21 Revocation of Commission Implementing Decision (EU) 2016/2296

Commission Implementing Decision (EU) 2016/2296

387.  Commission Implementing Decision (EU) 2016/2296 of 16 December 2016 setting up the independent group of experts designated as Performance Review Body of the single European sky is revoked.

CHAPTER 22 Revocation of Commission Implementing Decision (EU) 2017/2376

Commission Implementing Decision (EU) 2017/2376

388.  Commission Implementing Decision (EU) 2017/2376 of 15 December 2017 amending Implementing Decision (EU) 2015/348 as regards the consistency of the revised targets in the key performance area of cost-efficiency included in the amended national or functional airspace block plans submitted by Malta, Bulgaria and Poland is revoked.

PART 5 Amendment of the EEA agreement

Amendment of Annex 13 to the EEA agreement

389.—(1) Annex 13 to the EEA agreement is amended as follows.

(2) In point 66t (application and adaptations of Regulation (EC) No 549/2004) omit adaptations (a) to (g).

(3) In point 66u (application and adaptations of Regulation (EC) No 550/2004) omit adaptations (a) to (f).

(4) Omit point 66ua (application of Commission Regulation (EU) No 176/2011).

(5) Omit point 66ub (application of Commission Regulation (EU) No 409/2013).

(6) In point 66v (application and adaptations of Regulation (EC) No 551/2004) omit adaptations (a) to (c).

(7) In point 66wg (application and adaptation of Commission Regulation (EC) No 29/2009) omit the adaptation to Part B of Annex 1 to Commission Regulation (EC) No 29/2009.

(8) Omit point 66wm (application of Commission Implementing Regulation No 391/2013).

(9) In point 66wn (application and adaptations of Commission Regulation (EU) No 677/2011) omit adaptations (c) to (i).

(10) Omit point 66xd (application of Commission Decision 2011/121/EU).

(11) Omit point 66xe (application of Commission Implementing Decision 2014/132/EU).

(12) Omit point 66xf (application and adaptations of Commission Implementing Regulation (EU) No 390/2013).

(13) In point 66xg (application and adaptations of Commission Implementing Regulation (EU) 2017/373) omit adaptations (a) to (e).

PART 6 Amendment of subordinate legislation

CHAPTER 1 Amendment of the Air Navigation (Single European Sky) (Penalties) Order 2009

The Air Navigation (Single European Sky) (Penalties) Order 2009

390.—(1) The Air Navigation (Single European Sky) (Penalties) Order 2009(20) is amended as follows.

(2) In article 2 (interpretation), in paragraph (1) omit the definition of “the common charging scheme regulation”.

(3) In article 6 (relations between service providers) omit “in the Community”.

(4) In article 7 (safeguards relating to the use of the European air traffic management network), in the heading and in the words before sub-paragraph (a) for “European air traffic management network” substitute “United Kingdom air traffic management system”.

(5) In article 8 (compliance monitoring)—

(a) omit paragraph (1),

(b) in paragraph (3)—

(i) in the opening words for “paragraphs (1) or” substitute “paragraph”, and

(ii) in each of sub-paragraphs (a) and (b) omit “or the establishment of air navigation charges, as the case may be”, and

(c) omit paragraph (4).

(6) In article 9(1)(e) (offences in relation to documents, records etc) omit the words from “or article” to “scheme regulation”.

(7) In article 10 (obstruction of persons) for “8(1) or (2)” substitute “8(2)”.

(8) In article 11 (penalties)—

(a) in paragraph (2), in sub-paragraph (b) omit the words from “(insofar” to the end of the sub-paragraph,

(b) in paragraph (4)—

(i) in sub-paragraph (a) omit the words from “, 8(3)” to “regulation)”,

(ii) in each of sub-paragraphs (b) and (c) for “an EC” substitute “a”, and

(iii) for sub-paragraph (f) substitute—

“(f) by an implementing rule listed in the Schedule to this Order,”, and

(c) omit paragraph (5).

(9) In article 14 (review) —

(a) omit paragraph (2),

(b) in paragraph (3)(a) for “those regulations” substitute “this Order”, and

(c) in paragraph (4) for “regulation” substitute “Order”.

(10) At the end insert—

Regulation 11(4)(f)

“SCHEDULE List of implementing rules

1.  Commission Regulation (EC) No 1032/2006 of 6 July 2006 laying down requirements for automatic systems for the exchange of flight data for the purpose of notification, coordination and transfer of flights between air traffic control units.

2.  Commission Regulation (EC) No 1033/2006 of 4 July 2006 laying down the requirements on procedures for flight plans in the pre-flight phase for the single European sky.

3.  Commission Regulation (EC) No 633/2007 of 7 June 2007 laying down requirements for the application of a flight message transfer protocol used for the purpose of notification, coordination and transfer of flights between air traffic control units.

4.  Commission Regulation (EC) No 29/2009 of 16 January 2009 laying down requirements on data link services for the single European sky.

5.  Commission Regulation (EC) No 262/2009 of 30 March 2009 laying down requirements for the coordinated allocation and use of Mode S interrogator codes for the single European sky.

6.  Commission Regulation (EU) No 73/2010 of 26 January 2010 laying down requirements on the quality of aeronautical data and aeronautical information for the single European sky.

7.   Commission Decision of 20 May 2011 on exemptions under Article 14 of Commission Regulation (EC) No 29/2009 on data link services.

8.   Commission Implementing Regulation (EU) No 1206/2011 of 22 November 2011 laying down requirements on aircraft identification for surveillance for the single European sky.

9.   Commission Implementing Regulation (EU) No 1207/2011 of 22 November 2011 laying down requirements for the performance and the interoperability of surveillance for the single European sky.

10.   Commission Implementing Decision of 9 December 2011 on exemptions under Article 14 of Commission Regulation (EC) No 29/2009.

11.   Commission Implementing Regulation (EU) No 1079/2012 of 16 November 2012 laying down requirements for voice channels spacing for the single European sky.”.

CHAPTER 2 Amendment of the Airport Charges Regulations 2011

The Airport Charges Regulations 2011

391.  Omit regulation 3(2)(f) of the Airport Charges Regulations 2011(21).

CHAPTER 3 Amendment of the Single European Sky (National Supervisory Authority) Regulations 2013

The Single European Sky (National Supervisory Authority) Regulations 2013

392.—(1) The Single European Sky (National Supervisory Authority) Regulations 2013(22) are amended as follows.

(2) In regulation 2 (interpretation) omit the definition of “air navigation services”, “air navigation service providers”, “air traffic services” and “meteorological services”.

(3) In regulation 3 (national supervisory authority), in paragraph (2) for “regulations 3(1) and 4 apply” substitute “paragraph (1) applies or to which Article 12(4) of the service provision Regulation applies”.

(4) Omit regulation 4 (designation of the competent authority).

(5) Omit regulation 5 (tasks and functions of the CAA under the service provision Regulation).

(6) Omit regulation 6 (tasks and functions of the CAA under the interoperability Regulation).

(7) Omit regulation 7 (regional cooperation).

(8) In regulation 8 (review) omit paragraph (2).

(9) Omit Schedule 2 (list of implementing rules made under Article 3 of the interoperability Regulation for which the CAA is the enforcing authority).

CHAPTER 4 Amendment of the Air Navigation (Single European Sky) (Penalties) (Amendment) Order 2018

The Air Navigation (Single European Sky) (Penalties) (Amendment) Order 2018

393.  Omit articles 3(a) and 4 to 6 of the Air Navigation (Single European Sky) (Penalties) (Amendment) Order 2018(23) (which update references to “the common charging scheme regulations”).

CHAPTER 5 Amendment of the Airport Charges (Amendment) (EU Exit) Regulations 2018

The Airport Charges (Amendment) (EU Exit) Regulations 2018

394.  Omit regulation 3(1) of the Airport Charges (Amendment) (EU Exit) Regulations 2018(24).

CHAPTER 6 Revocation of the Single European Sky (National Supervisory Authority) (Amendment) Regulations 2018

The Single European Sky (National Supervisory Authority) (Amendment) Regulations 2018

395.  The Single European Sky (National Supervisory Authority) (Amendment) Regulations 2018(25) are revoked.

Signed by authority of the Secretary of State for Transport

Sugg

Parliamentary Under Secretary of State

Department for Transport

27th February 2019

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations are made in exercise of the powers in sections 8(1) and 23(1) of, and Schedule 7 to, the European Union (Withdrawal) Act 2018 (c.16) in order to address failures of retained EU law to operate effectively and other deficiencies arising from the withdrawal of the United Kingdom from the European Union.

These Regulations make amendments and revocations to legislation in the field of air traffic management. Part 2 covers retained direct principal EU legislation, Part 3 covers retained direct minor EU legislation, Part 4 covers EU decisions, Part 5 amends the European Economic Area agreement, and Part 6 amends subordinate UK legislation.

Of note in these Regulations are the following changes.

Regulation 4(10) defines the UK air traffic management system.

Regulation 13 revokes the powers enabling the establishment of the EU’s performance scheme for air navigation service and network functions. Regulation 328 revokes the EU’s implementing regulation that provides the detail for the EU’s performance scheme.

Regulation 28 revokes the powers enabling the establishment of the EU’s functional airspace blocks. Regulation 29 revokes the powers to designate a person as a functional airspace block system coordinator.

Regulations 34 and 35 revoke the establishment and principles of the EU’s common charging scheme for air navigation services. Regulation 329 revokes the EU’s implementing regulation that provides the detail for the EU’s charging scheme.

Regulations 57 to 63 amend articles 4, 5, 6, 6a and 7 of, and Annexes 3 and 4 to of Regulation (EC) 552/2004. Regulation (EC) 552/2004 was repealed by article 139(2) of Regulation (EU) 2018/1139 subject to the savings provisions specific to those amended articles. Those saved articles shall continue to apply until the adoption of delegated acts referred to in article 47 of Regulation (EU) 2018/1139 insofar as those acts cover the subject matter of the relevant provisions of Regulation (EC) 552/2004, and in any case shall continue to apply until not later than 12 September 2023.

Legislation and a Decision concerning the EU’s SESAR (Single European Sky ATM (Air Traffic Management) Research) programme are revoked by regulations 64, 74, 82 and 368.

A full impact assessment has not been produced for this instrument, as no significant impact on the private or voluntary sectors is foreseen. An Explanatory Memorandum has been published alongside these Regulations on www.legislation.gov.uk.

(1)

2018 c. 16.

(2)

OJ L 96, 31.3.2004, p. 10.

(3)

OJ L 96, 31.3.2004, p. 10.

(4)

OJ L 96, 31.3.2004, p. 20.

(5)

OJ L 96, 31.3.2004, p. 1.

(6)

OJ L 96, 31.3.2004, p. 26.

(7)

OJ L 96, 31.3.2004, p. 26.

(8)

OJ L 271, 18.10.2011, p. 23.

(9)

OJ L 185, 15.7.2011, p. 1.

(10)

OJ L 96, 31.3.2004, p. 20.

(11)

OJ L 185, 15.7.2011, p. 1.

(12)

OJ L 185, 15.7.2011, p. 1.

(13)

OJ L 185, 15.7.2011, p. 1.

(14)

OJ L 185, 15.7.2011, p. 1.

(15)

OJ L 185, 15.7.2011, p. 1.

(16)

OJ L 185, 15.7.2011, p. 1.

(17)

OJ L 185, 15.7.2011, p. 1.

(18)

OJ L 185, 15.7.2011, p. 1.

(19)

OJ L 185, 15.7.2011, p. 1.

(20)

S.I. 2009/1735, amended by S.I. 2013/2874 and S.I. 2018/1354.

(21)

S.I. 2011/2491, amended by S.I. 2013/610 and S.I. 2018/1081.

(22)

S.I. 2013/2620, amended by S.I. 2018/1331.

(23)

S.I. 2018/1354.

(24)

S.I. 2018/1081.

(25)

S.I. 2018/1331.