EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations make amendments to legislation in the field of aviation safety.

Regulations 2 and 3 are made in exercise of the powers conferred by section 8(1) of the European Union (Withdrawal) Act 2018 (c. 16) in order to address failures of retained EU law to operate effectively and other deficiencies (in particular under section 8(2)(a), (b) and (g)) arising from the withdrawal of the United Kingdom from the European Union.

Regulation 2 amends Commission Regulation (EU) No 965/2012 (Air operations) and regulation 3 amends Commission Delegated Regulation (EU) 2020/723 (Acceptance of third-country certification of pilots). Both make changes to retained EU law so that it correctly operates in the UK and references the Civil Aviation Authority (“the CAA”) as the relevant safety authority.

Regulation 4 amends Commission Regulation (EU) No 1178/2011 (Aircrew) to allow certain pilot’s licences issued under the Air Navigation Order 2016 to be recognised within Commission Regulation (EU) No 1178/2011, and to allow the CAA to continue to issue restricted instrument ratings after 8th September 2021.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private or voluntary sector is foreseen. An Explanatory Memorandum is published alongside the instrument on www.legislation.gov.uk.